# DEPARTMENT OFPUBLIC HEALTH AND ENVIRONMENT

AIR QUALITY CONTROLCOMMISSION 

# REGULATIONNUMBER3 STATIONARY SOURCEPERMITTINGAND AIR POLLUTANTEMISSION NOTICEREQUIREMENTS

5 CCR 1001-5

EDITOR'SNOTES* AuthorityCited: See PartG 

### Historyand Amendments: Amended 01/12/78,1 CR 2. Repealed and readopted 12/14/78,2 CR 1.

## pp. 7-8.01 adopted as an emergency regulation 06/07179,2 CR7. P. 12 approved 07/12179, 2 CR 8.

# pp. 1-26 repromulgated 06/05/80, EFFECTIVE 07130/80,3 CR7. 

## pp. 7-8.25 adopted 05/13/82, EFFECTIVE 06130/82, 5 CR 6.

## pp. 1-52 adopted 03/10/83, EFFECTIVE04130/83, 6 CR 4. Pp. 34-60 adopted 02/07/85, EFFECTIVE 03130/85, 8 CR 3. Pp. 1-61 adopted 03/20/86,EFFECTIVE 04130/86, 9 CR 4. 

## pp. 21-22 reissued due to clerical error by Department ofHealth, 9 . CR 7. Pp. 1-58 adopted 03/19/87,EFFECTIVE 04130/87,10 CR4. 

## pp. 59-63 adopted 11/19/87, EFFECTIVE 12130/87,10 CR 12. P.42 adopted as emergency regulation 

### 06116188, EFFECTIVE 06/16/88,11 CR 7. Pp. 1­ 74 adopted 08/18/88, EFFECTIVE 09130/88, 

### lJ CR9.

## pp. 48-49 adopted 09/15/88, EFFECTIVE 10130/88; p. 48E adopted as emergency regulation 09/20/88, EFFECTIVE 09/20/88, 11 CR 10. P. 49 adopted asemergency regulation 06101189, EFFECTIVE 06101189; p. 50 adopted asemergency regulation 06/15/89, EFFECTIVE 06/15/89,12 CR 7. P. 50 adopted as emergency regulation 09/21/89, EFFECTIVE09/21189,12 CR 10. Pp. 1­ 74 adopted as emergency regulation 01/18190,13 CR2.

## pp. 1-78 adopted 05/17/90, EFFECTIVE 06130/90,13 CR 6. Pp. 1-75 adopted 10/17/91,EFFECTIVE 11130191,14 CR

### lJ.

. A.G. Opinions: 1 AG 129; 2 AG 15; 2AG 162; 3 AG 187; 5 AG 150; 6 AG 110-111; 8 AG 52; 9 AG 88; 9 AG 193; 10 AG 101; 10 AG 359; II AG 206; I I AG 271; I I AG 318-319; 12 AG 215-216; 12 AG 341; 13 AG51-52; 13 AG 176; 14 AG 360; 

### Annotations: Colorado-UteElectricAssociation v. AirPollution Control Commission, ColoradoCourt ofAppeals No. 77­ 662, November27, 1981, held that the Air Pollution Control Commission did not have statutory authority to issue section 

### D.H.I ofAir Pollution Control Commission Regulation No.3 (5 CCR 1001-5) governingthe issuance ofaircontaminant emissionpermits. Rule IV, H.6, adopted 5IJ7/90, wasnot extended by H.B. 91-1257 and therefore expired June I, 1991.

·ThisTitlePagedoesnotconstilUle an omeialpanofanyregulation.lnfonnationcontained onthe TitlePage

### Is provided by thePublisher from deemedreliable and issolelyforinfonn81ional and historicalpwposes. SeeeButioruuy nole in IntroductoryMa1erials. Howto Use the CCR. Q 2011 Stale ofCo\OflIdo All Rights Reserved. (800) 833-9844

## EDITOR'S NOTES (continued) Historyand Amendments: 

## pp. 1-36 adopted 08120/92, EFFECTIVE 

### 09/30/92, 15CR9.

## pp. 76-93 adopted as emergencyregulation 

### 10/15192, EFFECTIVE 10/15/92, 15CR 11.

## pp. 1-75 adopted 11/19/92, EFFECTIVE 12130192,15 CR 12. Pp. 1-142 adopted 06/22/93, EFFECTIVE 08130/93,16 CR8. Pp. 1·236 adopted 07/15/93, EFFECTIVE 09130/93, 16CR 9.

## pp. 11-15,25-31,62-63,67-70,95-97adopted 

### 02117/94, EFFECTIVE04/30194; p. 48 adopted 03/17/94, EFFECTIVE04/30/94,17CR4.

## pp. 141-142 adopted asemergency regulation 05/19/94, EFFECTIVEOS/23/94,17 CR7. Pp. 1·120 adopted 08/18/94, EFFECTIVE 09130/94,17 CR9.

## pp. 48-60 adopted 10/20/94, EFFECTIVE 12130/94,17CR 12. Pp. 25-27, 39-43, 125·126, 128-128.02 adopted 11/17/94, EFFECTIVE01/30/95, 18 CR 1.

## pp. 73, 8Q..81 adopted asemergencyregulation 12/15/94, EFFECTIVE 12/15/94,18CR2.

## pp. 73-74 adopted 

### 02/16195, EFFECTIVE 

### 02116195,18 CR4.

## pp. 5-6, 9-14, 16-22,24-25, 28-30,42-44,49-50,56-56.01,62·66,75-76,78-80, 83-87, 97·98, 10()..100.02adopted

### 03116195, EFFECTIVE 05/30/95,18CR5. Pp. 45, 73.01,76-77,78·82, adopted 05/18/95, EFFECTIVE 07130/95,18CR7.

## pp. 1-25, 46-56,78-95.01,104-106,110-111.01 adopted 08/17/95, EFFECTIVE 10/30/95,18 CIllO.

## pp. 20-24, 30-31, 96-98 adopted 12/21/95,EFFECTIVE03/01/96,19 CR 2.

## pp. 44-45 adopted 

### 02115/96, EFFECTIVE 04130/96, 19 CR4. Pp. 4,41,41.02-45, 75.01-76,80-82,125-128.02 adopted 03/21/96, EFFECTIVE 05130/96,19CR5. Pp. 3-5, 25-26, 50,64.01-66,76,119,145,147-149,157-158,168-169, 179,184-185,201-202,207-208 adopted 06/20/96, EFFECTIVE 08/30/96,19CR8. Pp. 48-63.05 adopted 10/24/96,EFFECTIVE 12130/96,19 CR 12.

## pp. 165-209adopted 11/21196, EFFECTIVE 01/30/97, 20 CN. 1.

## pp. 119-157,227-229 adopted 11/18/99,EFFECTIVE01/30/00, 23 CR 1. Pp. 118.01-118.02adopted 11/15/01,EFFECTIVE 12/30/01,24CR 12.

## pp. 73-118.06,144-146.01,230-234 adopted 02121/02, EFFECTIVE04130/02,25 CR4. Adopted 7/18/02, EFFECTIVE 9130/(}2, 25 CR 9. Adopted 10/17102, EFFECTIVE 12130/02,25 CR 12. Regulation LA

## adoJlted 03/21/03, EFFECTIVE 04/30/03, 26CR4. Adopted 03/12104, EFFECTIVE 

### 05130/04, 27 CRS. RegulationNo. 3 Adopted 04/16/04, EFFECTIVE06/30/04, 27 CR6. PartB adopted

### by technical correction. 27 CR 12. Part A, PartB,Part C, Part D, PartF adopted 12/16/04,EFFECTIVE03/02/05,28CR2. PartsA to F adopted 7/21/05, EFFECTIVE 

### 10/02/05,28CR9.

## pp 23-27,35,77,111·183,283-285 adopted 

### 12115/06, EFFECTIVE 03/02/06, 29 CR 2. Regulation 3,PartB, Section 

### m.cadopted 

### by technical correction; Regulation 3, Part

### 0 adopted 03/16/06,EFFECTIVE05130/06, 29 CRS. Rulereplaced inits entirety, adopted 08/17/06, EFFECTIVE 10/30/06,29CR 10. Rules VI.D.1. andl.LL. adopted 12115/06, EFFECTIVE

### 03/04/07, 30 CR2. PartA, SectionI.A. and PartD adoptedbytechnical correction, 30CR6. RulesVI.D.I and I.MM adopted 10/18/07,EFFECTIVE 11130/07,30CR 

### 11. PartE-BestAvailableRetrofit Technology (BARn, Rules V.B, VI (entire section), I.NN adopted 12/21107,EFFECTIVE 03/01/08, 31 CR2.Rule 

### replaced 

### in its entirety, adopted 02121/08, EFFECTIVE04130/08, 31 CR4.Part F, Section IVll,PartG,SectionI.PPadopted 05/14/08, EFFECTIVE06/30/08,31 CR6. PartA, Section VI.D.I, Part G, Section

## I.OO adopted 09/18/08, EFFECTIVE 10130/08,31 CR 10.

### Part A,SectionII.D.I, Part B, SectionII.D.I, PartC, Section n.E.3 adopted 12/12/08, EFFECTIVE01130/09; Part F, SectionsVI.B and VI.C, PartG, Sectionsl.A., I.D.I and I.D.VI, I.RR, I.SS adopted 12119/08, EFFECTIVE 01130/09, 32 CR 1. Part E, Part F, SectionVI

.

### .B. adopted 

### by technical correction, 32 CR8. Regulationreplaced in

### ·its entiretyadopted 

### 10121/10, EFFECTIVE 

### 12115/10, 33CR23. Part D, Section XIV.F, Part F, Sections I, II.C, IV.A.2., IV

### .B., IV.BA., IV.B.4.a., IV.C., IV

### D., IV.E., IV.F., V., VI., VII., Vn.E. [IN 2010-00856J adopted 01/07/)I, EFFECTIVE02/14/1.1, 34CR2. A.G. Opinions: 15 AG 361-36IA; 15 AG455; 15 AG 508; 16 AG 275; 16 AG 306; 17 AG 140-141; 17 AG 269; 

### P AG 348; 17 AG480; 18 AG 30; 18 AG 77; 18 AG 140; 18 AG 180; 18 AG 251; 18 AG 364; 19 AG 52; 19 AG Ill; 19 AG 125-126; 19 AG 236-237; 19 AG 380; 20AG 19; 23 AG 8; 24.AG 363; 25 AG 120; 25 AG 312; 25 AG

. 431; 26 AG 162;27 AG 170; 27 AG 208; 28 AG42; 28 AG 225; 29AG 77-78; 29AG 174; 29AG Oct 1001-5;

30 AG Feb 1001-5; 30AG Nov 1001·5; 31 AGFeb 1001-5; 31 AG Apr 1001·5; 31 AGJon 1001-5; 32 AGOct 1001-5; 32AGJan 1001-5

- 1001-5a; 33 AG Nov 1001-5; 34 AGJan 1001-5 Annotations: AirPoUution ControlDivision did not errbyobtainingand reviewing the originalvisibilitydata from the National ParkServicebecausetheDivisionreviewed andanalyzed that information inultimately arriving atits own**conclusion~** 

### Citizens for CleanAir& 

### Waterv. Colo. Dep'tof Pub. Health & 

### Env't. J 81 

### P.3d393 

### (2008).



### 6 CCR 1001-5 Page2

### 34 CR 1 and 2, 01·11

PART A

PARTB PARTC PARTD

PARTE PARTF PARTG 

## TABLE OFCONTENTS

CONCERNING GENERALPROVISIONS APPLICABLE TO REPORTlNG AND PERMITTlNG I APPENDIX AtMethod forDetermining DeMinimis Levels forNon-Criteria Reportable Pollutants 50 APPENDIX B, Non-criteriaReportable Pollutants (Sorted by

### BIN) 51 CONCERNING CONSTRUCTION PERMITS 65 CONCERNING OPERATING PERMITS 78 CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND PREVENTION OF SIGNIFICANT DETERlORATION 115 RESERVED FORENVIRONMENTAL MANAGEMENT SYSTEMS 173 REGIONAL HAZE LIMITS

- BESTAV AILABLE RETROFIT TECHNOLOGY (BART) AND REASONABLE PROGRESS (RP) 173 STATEMENTS OFBASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 188.6

C 2011 SlateofColor1ldo

. 

### 6 CCR 1001-5 All RightsReserved. (800) 833-9844., 201 J StaleofColorado 

### 34 CR 1and 2, 01·11 Page 173 All Rights Reserved XV.N.3. Re-validation results The owneroroperatorshall submit to the Division the results ofanyrevalidation test or method within three months aftercompletion ofsuch test ormethod. 

## xV.a. Ifanyprovision ofthis Section, orthe application ofsuch provision to anyperson or circumstance, is heldinvalid, the remainderofthis Section, orthe application ofsuch

.provision topersons orcircumstances otherthan those 

### as to which 

### it is heldinvalid, shallnot be affectedthereby. 

### PARTE RESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS Reserved for Environmental Management Systems 

### PART F REGIONAL HAZE LIMITS

- BESTAVAILABLE RETROFIT TECHNOLOGY (BART) AND REASONABLE PROGRESS (RP) The provisions ofSection VI (Regional Haze Determinations) and VII (MRR) of RegUlation 3, Part Fshall be incorporated Into Colorado's Regional Haze State Implementation Plan. All other Sections ofRegulation 3, Part Fare State-Qnly. The provisions of Part 51, Appendix Y, Title 40, ofthe Code of Federal Regulations (CFR), promulgated by the U.S. Environmental Protection Agency listed in this Section are hereby incorporated by reference by theAir Quality Control Commission and made a part ofthe Colorado Air Quality Control Commission Regulations as modified bythe following RegUlation Number3, Part F. Materials incorporated by reference are those in existence as July 6, 2005 and do not Include later amendments. The material in"corporated by reference is available for pUblic inspection dUring regular business hours at the Office ofthe Commission, located at4300 Cherry Creek Drive South, Denver, Colorado 80246, or may be examined at anystate publications depository library. Parties wishing to inspect'these materials should contact the Technical Secretary ofthe Commission. located at the Office ofthe Commission. 

### I. Applicability The provisions ofthis regulation applyto existing stationaryfacilities (BART-eligible sources), as defined in Section 

### 11.1. ofthis regula!ion, aswell as to Reasonable Progress,(RP) sources

.. 

### II. Definitions II.A. Adverse impact on Visibility Means Visibility impairment thot interferes with the management, protection, preservation, or enjoyment ofthe visitor's visual experience ofthe Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration,

..**frequ~ncy'** and time ofvisibility Impairments, and howthesefactors correlatewith (1) times ofvisitor

use ofthe Federal Class I area, and (2) thefrequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas. I/.B. Available Technology Means that a technology is licensed and available through commercial sales.**~I.C.** Applicable Technology



### CODE OFCOLORADO REGULATIONS 5 CCR 1001-5

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Means a commercially available control option that has been or may soon be deployed on the same or a similar source type ora technology that has been used on a pollutant-bearing gas stream that is the same or similar

### to the gas stream characteristics ofthe source. 

### 11.0. Average Cost Effectiveness Means the total annualized costs ofcontrol divided byannual emissions reductions (the difference between baseline annual emissions and the estimate ofemissions after controls). Forthe purposes of calculating average cost effectiveness, baseline annual emissions means a realistic depiction of anticipated annual emissionsforthe source. The source orthe Division may use state orfederally enforceable permit limits orestimate the anticipated annual emissions based upon actual emissions from a representative baseline period. /I.E. BART Alternative Means an altemative measure to the installation, operation. and maintenance of BARTthat will achieve greater reasonable progress toward national visibility goals than would have resulted from the installation, operation. and maintenance of BART at BART-eligible sources within industry source categories SUbject to BART requirements. II.F. BART-eligible source Means an existing stationary facility as defined in Section 

### 11./. II.G. BestAvailable Retrofit Technology (BART) Means an emission limitation based on the degree ofreduction achievable through the application of the best system ofcontinuous emission reduction for each pollutant that is emitted by an existing stationaryfacility. The emission limitation must

### be established, on a cas&-by-case basis, taking into consideration thetechnolcigy available, the costs ofcompliance. the energy and non-air quality environmental impacts ofcompliance, any pollution control equipment in useor in existence at the source or unit, the remaining useful life ofthe source or unit, and the degree of improvement in visibility

### which may reasonably 

### be anticipated to result from the use ofsuch technology. /I.H. Deciview Means a measurement ofvisibility impairment. A deciview is a haze index derived from calculated light extinction, such that uniform changes in haziness correspond to uniform incremental changes in perception acrossthe entire range ofconditions. from pristine to highly impaired. The deciview haze index is calculated based on the following equation (for the purposes ofcalculating deciview. the atmospheric light extinction coefficient must be calculated from aerosol measurements); Deciview haze index=10 Ine (bed10 Mm") Where bext

### = the atmospheric light extinction coefficient, expressed in inverse megameters (Mm-'). ILl. Existing stationary facility Means any ofthe following stationary sources ofair pollutants, inclUding any reconstructed source, which was not in operation prior to August 7.1962. and was in eXistence on August 7.1977, and has the potential to emit 250 tons per year or more ofany visibility impairing air pollutant. In determining potential to emit. fugitive emissions. to the extent quantifiable. must

### be counted.



### 6 CCR 1001-5 

### CODEOF COLORADO REGULATIONSC 2011 Stale ofColorado 

### 34 OR 1 and 2, 01-11 Page 175 All Rigllt.s Reserved 

### 11.1.1. Fossil-fuel fired steam electric plants of more than 250 million British thermal units (BTU) per hour heat input that generate electricity for sale 11.1.1.a. BoHer capacities shall 

### beaggregated to determine the heat input of a plant 11.1.1.b. Includes plants that (»-Qenerate steam and electricity and combined cycle turbines 11.1.2. Coal cleaning plants (thermal dryers) 11.1.3. Kraft pulp mills ILI.4. Portland cement plants 11.1.5. Primary zinc smelters 11.1.6. Iron and steel mill plants 11.1.7. Primary aluminum ore reduction plants 11.1.8. Primary copper smelters 11.1.9. Municipal incinerators capable ofcharging more than 250 tons of refuse perday 11.1.10. Hydrofluoric, sulfuric.**~nd** 

### nitric acid plants 11.1.11. Petroleum refineries 11.1.12. Lime plants 11.1.13. Phosphate rock processing plants Includes all types ofphosphate rock processing facilfties. inclUding elemental phosphorous plants as well as fertilizer production plants 11.1.14. Coke oven batteries 11.1.15. Sulfur recovery plants 11.1.16. Carbon black plants (furnace process) 11.1.17. Primary lead smelters 11.1.18. Fuel conversion plants 11.1.19. Sintering plants 11.1.20. Secondary metal production facilities Includes nonferrous metal facilities included within Standard IndustriaJ Classification code 3341, and secondary ferrous metal facilities in the category "iron and steel mill plants." 11.1.21. Chemical process plants



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

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Includes those facilities within the 2--digit Standard Industrial Classification 28, including pharmaceutical manufacturing facilities 11.1.22. Fossil-fuel boilers of more than 250 milHon 8TUs per hour heat input 1I.1.22.a. Individual boilers greaterthan 250 million BTU/hr, considering federally enforceable operational limits II.L22.b. Includes multi-fuel boilers that burn at leastfifty percent fossil fuels 11.1.23. PetrOleum storage and transfer facilities with a capacity exceeding 300,000 barrels ILI.23.a. 300,000 barrels refers to total facility-wide tankcapacityfor tanks put in place afterAugust 7,1962 and in existence on August 7,1977 1t.1.23.b. Includes gasoline and other petroleum--derived liquids. 11.1.24. Taconite ore processing facilities 11.1.25. Glass fiber processing plants 11.1.26. Charcoal production facilities Includes charcoal briquette manufacturing and activated carbon production II.J. Incremental Cost Effectiveness Means the comparison ofthe costs and emissions performance level ofa control option to those of the next most stringent option, as shown in the following formula: Incremental Cost Effectiveness (dollars per incremental ton removed)

# =[(Total annualized costs of control option) (Total annualized costs of next control option)] 

### + [(Next Control option annual emissions)

- (control option annual emissions)] ILK. In existence Means that the owner oroperator has obtained all necessary preconstruction approvals or permits required by Federal, State, or local air pollution emissions and air quality laws or regUlations and either has (1) begun, or caused to begin, a continuous program of physical on-site construction ofthe facility or (2) entered into binding agreements orcontractual obligations, which cannot be cancelled or modified without substantial loss to the owner oroperator, to undertake a program ofconstruction of the facility to be completed in a reasonable time. ILL. In operation Means engaged in activity related to the primary design function ofthe source. II.M. Integralvista Means a view perceived from within the mandatory Class I Federal area ofa specific landmark or panorama located outside the boundary ofthe mandatory Class I Federal area.



## ...

6 CCR 1001-5 CODE OF COLORADO REGULATIONS020JI SlaleofColorado 

### 34 

### CR 1 and 2, 01·11 Page 177 All Rights Reserved II.N. Natural conditions Means naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range. contrast, or co/oralion. 11.0 Plant Means all emissions units ata stationary source. II.P. Visibility-Impairing Air Pollutant Includes the following: II.P.1. Sulfur dioxide (S02), II.P.2. Nitrogen oxides (NOx) and II.P.3. Particulate matter. (PM10 will 

### be. used as the indicator for particulate matter. Emissions of PM10 include the components of PM2.5as a sUbset.). 

### III. Sources required to Perfonn a BARTAnalysis Each source that the Division determines is BART-eligible and subject to BART shall complete a BART analysis under Section IV. The Division shall provide written notice to each source determined to be sUbject to BART. Within twenty calendar days ofthe mailing ofsuch notice a source may appeal such determination to the Commission by filing a pelition for a hearing with the Commission. Any such hearing shall be subject to Section 1.6.0 ofthe Procedural Rules. 

### lilA Determining Potential to Emit for a BART Source For the purposes of determining whether the potential to emit ofan existing stationary source is greater than 250 TPY the potential emissions ofvisibility impairing pollutants from the existing stationary source shall include the emissions from all BART-eligible unitswhich belong to the same industrial grouping, are located on one or morecontiguous or adjacent properties. and are underthe control ofthe same person (or persons undercommon control). PotJutant-emitting activities shall be considered as part ofthe same industrial grouping 

### ifthey belong to the same Major Group 

### (i.e., which have the sametwcrdigit code) as described in the Standard Industrial Classification Manual. III.B. Identification ofsources subjectto BART III.B.1. Identification ofsources subject to BART shall 

### be performed in accordance with EPA's guiSielines for BART determinations under the regtonal haze rule 40 CFR Part 51, Appendix Y. A BART-eligible source described in Section liLA, above, is subject to BART unless valid air quality dispersion modeling demonstrates that the source will not cause or contribute to visibility impairment in any Class I area. III.B.1.a. A single source that is responsible for a 1.0 deciview change or more is considered to ·cause·visibility impairment in any Class I area. IIl.B.1.b. A single source that is responsible for a 0.5 dectvlew change or more is considered to ·contribute- Visibility impairment in any Class I area. III.B.1.c. A single source is exempt from BART 

### ifthe 981h percentile daily change in visibility, as compared against natural background conditions, is less than 0.5



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 178

deciviews at all Class Ifederal areas for each year modeled and for the entire multi-year modeling period. III.B.2. The Division will perform air quality dispersion modeling for each source identified as BART-eligible, for all visibility impairing pollutants. for class I areas. The modeling results will be provided to each source. 

### IV. BARTAnalysis IVA Presumptive BART for Coal Fired Power Plants IVA1. Plants with a Generating Capacity of750 MW or Greater BART-eligible coal fired power plants with a generating capacity of750 MW or GREATER is presumed to be able to meet the presumptive limits. Regardless of whetheror not a unit can meet the presumptive BART limits the source must complete a BART analysis. IV.A.2. Other Coal Fired Power Plants ,The Division shall use the presumptive BART limits ofsection IV.A.3. as guidelines and may establish a BART level for the unit either above or below the presumptive BART level based on the BART determination. IV.A.3

..Coal-Fired Electric Generating Units IVA3.a. Sulfur Dioxide Coal-Fired Electric Generating Units: 95 percent reduction or0.15 Ib S02/mmBTU

.. IV.A.3.b. Nitrogen Oxides UnitType CoalTvoe NO

### x limit (Iblmm BTU) Dry bottom Wall fired Bituminous Sub-bituminous lignite 0.39 0.23 0.29 Tangential Fired Bituminous Sub-bituminous lignite 0.28 0.15 0.17 Cell Burners Bituminous Sub-bituminous 0.40 0.45 Dry-turbo-fired Bituminous SUb-bituminous 0.32 0.23 Wet-bottom tangentialfired Bituminous 0.62

IV.B. Each source sUbject to BART pursuant to Section 

### 1\1 shall submit a BART application for a construction permit. which shall include a BART analysis.a proposal for BART at the source and a.justification for the BART proposal to the Division by August 1, 2006. IV.B.1. The BART analysis must include, at a minimum:



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS02011 StaleofColorado 

### 34 CR 1and 2,01-11 Page 179 All Rights Reserved IV.B.1.a. A list ofthe demonstrated and potentially applicable retrofit control options forthe units subject to BART. Sources are not required to evaluate control options, which are less effective than the controls currently installed on the BART sUbject source or unit. IV.B.1.b. A discussion ofthe technical feasibility ofeach ofthe technologies identified in Section IV.B.1.a. This discussion should include an analysis ofwhelherthe proposed technology is available and applicable. If the source determines that a technology is not technically feasible the discussion shall include a factual demonstration that the option is not commercially available or that unusual circumstances preclude its application to the emission unit. IV.B.1.c. A ranking ofall the technically feasible technologies identified in Section IV.B.1.b. The ranking shall take into account various emission performance characteristics ofthe technologies. The technologies should be ranked from lowest emissions to highest emissions foreach pollutant and each emissions unit. The ranking should include a discussion of pollution control equipment in use at the unit, Including upgrading existing eqUipment iftechnically feasible. IV.B.1.d. An evaluation ofthe impacts of the technically feasible BART options. The impact evaluation shall include:

• IV.B.1.d.(i). An estimate ofthe Average Cost Effectiveness ofeach of the control technologies identified as technically feasible in Section IV.B.1.b. This analysis shall specify the emissions unit being controlled, the design parameters for the emission controls and cost estimates based on those design parameters. The remaining useful life ofthe source or unit may be' taken into account in the cost of**t~e** technologies. The remaining useful life is the difference between: (1) The date that controls will be put in place (capital and other construction costs incurred before controls are put in place can be rolled into the first year); and (2) The date the facility permanently stops operations.Where this affects the BART determination, this date should be assured by a federally- or State-enforceable restriction preventing further operation. The analysis mustalso include the energy and non-airQuality environmental impacts ofcontrol options. IV.B.1.d.(ii). An analysis ofthe incremental cost effectiveness. Before a control technology can be eliminated the source shall evaluate the incremental cost effectiveness in combination with the total cost effectiveness in order 10justify elimination ofa control option. IV.B.1.d.(iii). An evaluation ofthe visibility impacts for each BART option according to modeling guidance provided by the Division. IV.B.1.d.(iv). An evaluation of non-air quality impacts. The non-air quality impacts may includewater use increases. solid waste disposal, or other adverse environmental impacts.



### CODE OFCOLORADO R'EGULATIONS 5 CCR 1001-5

### Page 180 IV.B.1.d.(v). An evaluation ofthe energy impacts. The energy impact analysis should look at the energy requirements ofthe control technology and any energy penalties or benefits associated with the control. The analysis should also consider direct energy consumption and may address concems over the lJse of locally scarce fuels orthe use of locally or regionally available coal. IV.B.1.d.(v).(1). The energy impacts analysis may consider whether there are relative differences between**alter~** natives regarding the use of locally or regionally available coal, and whether a given altemative



### ....... WbURnesuIfTrfSigffificanfeCl>rf()fj'fjC(flSrupflon or unemployment. IV.B.1.e. An evaluation and justification ofthe proposed averaging time to evaluate compliance with the proposed emission limitations. IV.B.1.f.Coal-fired power plants may, in their discretion, include in the BART analysis an evaluation of representative characteristics (induding nitrogen content) ofcoal from sources they reasonably expect to use, to the extent such characteristics tend to result in higher NOx emissions than coals ofthe same classification from altemative sburces. The analysis also may considerwhether a particular BART limit might lead the power plant notto use coal from a particular mine due to such coal characteristics, and the extent to which such a decision might result in economicdisruption or unemployment at the mine or in nearby communities.

. IV.B.1.g. Sources SUbject to a MACT standard may limitthe analysis for those poffutants-covered 1>ythe MACT·toadiscussion of new technologies that have become available since the promUlgation of the MACT. IV.B.2. Sourceswith a potential to emit ofless than 

### 40 tons per year of S02 and NOx and less than 15 tpy of PM10 mayexclude those pollutants from the BARTdetermination. IV.B.3. Selecting a best alternative The source shall submit a proposal for BART at the source or unit(s), including a justification for selecting the technology proposed. The justification shall be based on the following factors: (1) the technology available; (2) the costs ofcompliance; (3) the energy and non-airenvironmental impacts ofcompliance; (4) any pollution control equipment in use atthe source or unites); (5) the remaining useful 

### lite otthe source or unites) and; (6) the degree of improvement in visibilitywhich may reasonably be anticipated to result from the use of such technology.

. '.-**.~.**



### 6 CCR 1001-5 CODE OFCOLORADO REGULATIONSC 2011 StateofColorado 

### 34 CR 1 and 2, 01·11 Page 181 All RightsResm-ed 

### IV.BA. Schedules to complywith BART emissions limits IV.BA.a. The technology analysis shall include a schedule to comply with BART Of

### a BART alternative as expeditiously as practicable following EPA approval ofthe state implementation plan for regional haze that incorporates such BART requirements. The source must complywith BART ot BART alternative ernissions limits no laterthan 5 years after approval ofthe state implementation plan by EPAfor regional haze. IV.BA.b. A source or unit subject to BART may implement a BART alternative in lieu of BART ifsuch BART alternative is authorized by the Division. IV.C. BART Alternative As an alternative to BART for a source or sources, the Division may approve a BART Alternative. Ifthe Division approves source grouping as a BART Alternative. only sources (including BART-eligible and non-BART eligible sources)within the same source category (as defined by SIC or NAICS code) within the same airshed may 

### begrouped together. IV.C.1. Ifa Source (s) proposes a BART Alternative, the resultant emissions reduction and visibility impacts must be compared with those thatwould result from the BART options evaluated for the source(s). IV.C.2. Source (s) proposing a BART alternative shall include in the BART analysis an analysis andjustification ofthe averaging period and methop ofevaluating compliance with the proposed emission limitation. IV.D. Emission limits IV.D.1. Coal-Fired Electric Generating Units Compliancewith the emission limitation is determined on a 3o-day rolling average basis for S02 and NOx. ormay be determined by the Division based on the BART analysis submitted by the source. The emission limit shall be included in the facility's pennit. IV.D.2. Other Sources Subjectto BART The Division will establish emission limits with**~veraging** 

### times consistentwith established reference methods and include the limit in the facility's permit. IV.E. A source that has installed BART for regional haze or implemented a Division approved BART alternative fpr regional haze is exempted from the imposition of further controls pursuant to regional haze BART with respect to those pollutants that

.are controlled through BART or the BART alternative for Regional Haze and is exempted from the imposition offurther controls necessary for reasonable progress during the first reasonable progress planning period. Sources may

### be subjectto additional controls oremission reductions based on reasonable progress requirements in planning periods beyond the first planning period underthe regional haze State Implementation Plan.



### CODE OFCOLORADO REGULATIONS 6 CCR 1001-5

### Page 182

IV.F. Division Review and Approval IV.F.1. The Division shall review and approve, disapprove or amend the proposed BART technology or BART alternative, Including the emission limit, schedule for compliance for the facility, and averaging period. The Division shall consider additional information both submitted and not submitted by the source that is deemed relevant. The Division shall submit its BART determination to the Commission for review and approval. IV.F.2. If two or more sources are grouped together pursuant to Section IV.C. the Division shall establish recordkeeping and reporting requirements sufficient to determine that the sources meet the BART alternative emission limits. IV.F.3. Any source seeking to modify the BART determination forthat facility must submit a new BART analysis for review by the Division. 

### V. Challenge of Division BART Determinations and Enforceable Agreements. VA Persons affected oraggrieved by a BART determination may challenge the decision ofthe Commission pursuant to Article 4 ofTitle 24, C.R.S. VI. Regional Haze Determinations VIA BART Determinations VI. A.1. The provisions ofthis Section VIA of Regulation Number3. Part F shall be incorporated into Colorado's Regional Haze State Implementation Plan. VI.A.2. The sources listed below shall not emit or cause to 

### be emitted nitrogen oxides (NOx), sulfur dioxide (S02), or particulate in excess ofthe following limits:

### ~ART 

## 'Detenninations forColorado Sources • • .' • "J: 

## 'EMISSION UN NOJc

## I;MlSSIONUMIT



# . . .

# . 0.37 IblMMBtu (30-day rolling average) or 0.261b1MMBtu Combined Average for Units 4 and 5 (30-day rolling average) 

### I

## :~:I1EMISSION 'LIM 

# I'"

.**~ARTJCUIAn:** 

## EMissioN 

# 'LiMit 

# .

. . ,CENC Unit 4 1.0 IblMMBtu (30-day rolling average) 1.OIb1MMBtu (3D0.07 IblMMBtu

0.07 IblMMBtu CENC Unit 0.19 lblMMBtu (3D-day rolling 5 average) or 0.26 IblMMBtu day rolling Combined Average for Units 4 average) and 5 (3O-day rolling average) 0.11 IblMMBtu (3O-day rolling average) 0.11 Ib/MMBtu (3O-day rolling average) 0.03 Ib/MMBtu

0.03 fb/MMBtu Craig Unit 1 0.28 Ib/MMBtu (3D-day rolling average) Craig Unit 2 0.08 IblMMBtu (3D-day rolling average)·

• The NOx emiSSion limits for Craig Units 1 and 2 constitute a BART Alternative.

I



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS02011 Slate ofColorado 

### 34 CR 1 and 2, 01·11 Page 183 All RightsReserved

# ~~tiIE~:~MIS$IONL~r«, 

# _ni'

. Ike:**7W\·~·;,:,.j"';:7** .:0:';,:, c·r ' '\' '" 

### ·$02et.4lSSION<UMIT,,:IL

.

## . . 

### ':':: >

# .~:.i**>:i~.** :PARTICULATE 1=MfSSION

. UMIT Comanche Unit 1 0.20 Ib/MMBtu (30-day rolling average) 0.15 Ib/MMBtu (combined annual average for units 1

## & 2) 0.121bIMMBtu (individual unit 3D-day rolling average) 0.10 IbIMMBtu (combined annual average for units 1

## & 2) 0,03 IbIMMBtu

Comanche Unit2 0.20 IblMMBtu (3o-day rolling average) 0.15 IblMMBtu (combined annual average for unlts 1

## & 2) 0.12 Ib/MMBtu (individual unit 30-day rolling average) 0.10 IblMMBtu (combirred ' annual average for units 1

## & 2) 0.03 Ib/MMBtu

, Hayden Unit 1 0.081b/MMBtu (3D-day rolling average) 0.13 IbIMMBlu (30-day rolling average) 0.03 IblMMBtu Hayden Unit2 0.07 IblMMBlu (30-day rolling average) 0.131b/MMBlu (30-day rolling average) 0.03 IblMMBtu Martin Drake Unit 5 0.31 Ib/MMBtu**(3D-d~y** rolling average) 0.261b1MMBtu (30-day rolling average) 0.03 Ib/MMBtu

Martin Drake Unit 6 0.311b1MMBtu (3o-day rolling average) 0.131b1MMBtu (3D-day rolling average) 0.03 IblMMBtu

Martin Drake Unit 7 0.29 IblMMBtu (3D-day rolling average) 0.131b1MMBtu (3Q-day rolling average) 0.03 IblMMBtu

CEMEXlyons Kiln 255.3 Ibs/hr (30-day rolling average) 901.0 tons/year (12-month rolling average) 25.3 Ibslhr (12-month rolling average) 95.0 tons/yr (12-month rolling average) 0.275 Iblton of dry feed 20% opacity

### Cemexlyons Dryer) 

### 13.9 tons/yr 36.7 tons/yr 22.8 tons/yr 10% opacity

VI.A.3. Each source listed in the above tables must comply with the above limits and averaging times as expeditiously as practicable, but in no event**late~** than five years after EPA approval ofColorado's state implementation plan for regional haze, or relevant component thereof. Each source listed in the above tables must maintain control eqUipment or operational practices required to complywith the above limits and averaging times, and establish procedures to ensure that such equipment oroperational practices are properly operated and maintained. VI.A.4. The sources shall submit to the Division a proposed compliance schedule within sixty days after EPA approves the BART portion ofthe Regional Haze SIP. The Division shall publish these proposed schedules and provide fora thirty-day public comment period following publication. The Division shall pUblish its final determinations regarding the proposed schedulesfor compliance within sixty days after the close ofthe pUblic comment period and will respond to all public comments received. .



### CODE OF COLORADO REGULATIONS 6 CCR 1001-6

### Page 184

VI.B. Reasonable Progress Determinations VI.B.1. The provisions ofthis Section VI.B. of Regulation Number 3, Part F shall be incorporated into Colorado's Regional Haze State Implementation Plan. VI.B.2. The sources listed below shall not emit or cause to be emitted nitrogen oxides (NOx), sulfur dioxide (S02), or particulate in excess ofthe following limits:

.-.....l,,..M,.;f**~"i."** ;.,:<



# -

# '-"Onlt.~**~18sl** ft. Rawhide Unit 101 CENC Unit 3

Nixon Clark Units 1 

### &2 Shutdown 12/31/2013 Holcim

- Florence Kiln

Nucla 0.1451b1MMBtu (30-day rolling average) 246 tons per year (12-month rolling total)

0.21 Ib/MMBtu (30-day rolling average) Shutdown 12/31/2013

2.73 Ibs/ton clinker (30-day rolling average) 2.086.8 tons/year 0.5 Ib/MMBtu (30-day rolling average) 

## lorado ..**~~** '" C"'**'r~~~~'** 

### ",**,,~** :',';' i 0;­ " ' r",,' .: '''Wo­ .' .p**i~** ••>, 

## '$02Em 

# ..**·.!l'·m~<:** ....!

.....

# fOliJ,4riiJt I· .­ 0.11 Ib/MMBtu 0.03 Ib/MMBtu ! (30-day rolling average) 1.2 IblMMBtu 0.07 Ib/MMBtu

0.11 Ib/MMBtu 0.03 Ib/MMBtu (30-day rolling average) Shutdown 

### 12131/2013 Shutdown 12/31/2013

1.30 Ibs/ton clinker 246.3 tons/year (30-day rolling average) 721.4 tons/year 0.4 Ib/MMBtu (30-day 0.03 Ib/MMBtu rolling average) '.

Craig Unit 3 0.28 Ib/MMBtu (3O-day rolling average) 0.15Ib/MMBtu (3o-day rolling average) I 0.013 IblMMBtu filterable PM 0.012 Ib/MMBtu filterable PM1 0 Cameo Shutdown 12/31/2011 Shutdown 12/31/2011 Shutdown 

### 12131/2011 Shutdown 12/31/2011

VI.B.3. Each source listed in the above table must comply with the above limits and averaging times as expeditiously as practicable, but in no event later than December 31,2017. Each source listed in the above table must maintain control equipment or operational practices required to comply with the above limits and averaging times, and establish procedures to ensure that such equipment or operational practices are properly operated and maintained. VI.BA. The sources shall submit to the Division a proposed compliance schedule

.within sixty days after EPA approves the RP portion ofthe Regional Haze SIP. The Division shall publish these proposed schedules and provide for a thirty-day public comment period following publication. The Division shall publish its final determinations regarding the proposed schedules for



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS0201J StaleofColorado 

### 34 CR 1 and 2, 01·11 

### Page 185 AII Rights Reserved 

### compliance within sixty days afterthe close ofthe public comment period and will respond to all public comments received. VI.C. Public Service Company ofColorado (PSCo) BART Alternative Program VI.C.1. The proVisions of this Section VI.C. of Regulation Number 3, Part F (with the exception ofthe S02 cap of subsection VI.CA.) shall be incorporated into Colorado's Regional Haze State Implementation Plan. VI.C.2. The sources listed below shall not emit or cause to be emitted nitrogen oxides (NOx), sulfur dioxide (S02), or particulate in excess of the following limits, after the following compliance dates: 

### SAAl.Alternatlve ProaramDetenntriationsforPSCo'Sotirces i . .-"-_ .' -. ;1

## EP,tI~ION**H~x** EMISSION UMIT '. 802

### EMISSIQN UMIT i

## :P~ICULA1'E'**~1~SION** J 

### UNIT c' ;4;.,..**.~~** :'T • ..."" 

### LIMIT. .' , -. eio 

### . Cherokee• 0 0 0 Unit 1 Shutdown No later than Shutdown No later than Shutdown No later than Shutdown No 7/1/2012 

### 7/112012 7/1/2012 later than 7/1/2012 Cherokee 0 0 0 Unit 2 Shutdown**12131/~011** 

### Shutdown 

### 12131/2011 Shutdown 

### 12131/2011 Shutdown 12/31/2011 Cherokee 0 0 0 Unit 3 Shutdown No later than Shutdown No later than Shutdown No laterthan Shutdown No 

### 12131/2016 12/31/2016 

### 12/3112016 later than 12/31/2016 Cherokee 0.12 IblMMBTU 7.81 tpy (rolling 12 month 0.03 IbslMMBtu Unit 4 (30-day rolling average) by average) Natural Gas Operation 12/31/2017 Natural Gas Operation 

### 12131/2017 Natural Gas Operation 12/31/2017 12131/2017 Valmont 0 0 0 Unit 5 Shutdown 

### 12131/2017 Shutdown 

### 12131/2017 Shutdown 

### 12131/2017 Shutdown 

### 12/3112017 Pawnee 0.07 Ib/MMBTU (30-day 0.12 IbsIMMBtu (30-day 0.03lbslMMBtu rollingaverage) by rolling average) by 

### 12131/2014 12/31/2014 Arapahoe'" 0 0 0 Unit 3 Shutdown 12/31/2013 Shutdown 

### 12131/2013 Shutdown 12/31/2013 Shutdown 12/31/2013 Arapahoe 600 tpy on (rqlling'12 month 1.28 tpy (rolling 12 month 0.03 IbsIMMBtu Unit4 average) average) Natural Gas operation Natural Gas Natural Gas operation 

### 12131/2014 operation 12/31/2014 12/31/2014



# - * 

### 500 tpy NOx WIll 

### be reserved from Cherokee Station for netting or offsets 

### ** 300 tpy NOxwill be reserved from Arapahoe Station for netting or offsets for additional natural gas generation



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 186

VJ.C.3. Each source listed in the above table must either shut down or complywilh the above limits and averaging times no laterthan the compliance date set forth in the above table. Each source listed in the above table must maintain any applicable control equipment required to complywith the above limits and averaging times, and establish procedures to ensurethat such equipment is properly operated and maintained. VJ.CA. In addition to the above listed emission limits and compliance dates. between 

### 1/1/2013 and 12/31/2015, Cherokee Units 3 and 4 and Valmont, considered as a whole, shall not emit in excess of4,200 tons of S02 peryearas determined on a calendar year annual basis. Between 

### 111/2016 and 

### 12/31/2017Cherokee Unit4 and Valmont considered as a whole, shall not emit in excess of3,450 tons ofS02 peryear as determined on a calendar year annual basis. 

### VII. Monitoring, Recordkeeping, and Reporting for Regional Haze Limits The provisions ofthis Section VII of Regulation 3, Part F shall be incorporated into Colorado's Regional Haze State Implementation Plan. Federal RegulationsAdopted by Reference The following regulations promulgated bythe United States Environmental Protection Agency (EPA) were previouslyadopted by the 

### Colorado Air Quality Control Commission and are thereby already incorporated by reference: 40 CFR Part 60and Appendices (As incorporated by reference within Commission Regulation Number 6, 5 CCR 1001-8) 40 CFR Part 63, Subpart A - National Emission Standards for HazardousAir Pollutants General Provisions and Subpart LLL

- National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry 

### (As incorporated by reference within Commission RegUlation Number 8, Part A. 5 CCR 1001-10). 40 CFR Part 64 (As incorporated by referencewithin Commission Regulation Number 3, Part C Section XIV., 5 CCR 1001-5)

. 40 CFR Part 75 including Performance Spedfications and Appendices 

### (As incorporated by referencewithin Commission Regulation Number 6, 5 CCR 1001-8) VII.A. Definitions VII.A.1. "BART alternative program unit" means any unit subject to a Regional Haze emission limit contained in the Table in Regulation Number 3, Part F, Section VI.C. VII.A.2. "BART unir means any unit subject to a Regional Haze emission limit contained in the Table in Regulation Number3, Part F, Section VIA VIIA3. ·Continuous emission monitoring system" or ·CEMS" means theequipment reqUired by Regulation Number 3, Part F, Section VII. to sample, analyze. measure, and provide (using an automated data acquisition and handling system (DAHS», a permanent record of S02 or NOxemissions, other pollutant emissions, diluent, or stack gas volumetricflow rate.



### Ii 

### CCR 1001-5 CODE OF COLORADO REGULATIONS

.

## o 20II State ofColorado 

### 34 CR 1 and 2, 01-11 Page 187 All RightsReserved VILA.4. "Operating day" means any twenty-four-hour period between midnight and the following midnight during which any fuel is combusted at any time in a BART unit, BART alternative program unit. or Reasonable Progress unit. VILA.5. ·Reasonable Progress unit" or"RP unit" means any unit subject to a Regional Haze emission limit contained in the Table in Regulation Number3. Part F, Section VLB. VII.A.6. "Regional Haze emissIon limit" means any ofthe emission limits specified in the Tables contained in Regulation Number 3, Part F. Section VI. VILB. Monitoring/Compliance Determination: S02 and NOx Regional Haze Limits VILB.1. BART, RP. and BART alternative program unitswith S02 and NOx CEMS. VII.B.1.a. All**~oilers.** except CENC and Clark boilers. The owner oroperator ofa boiler SUbject to this seclion shall comply with the Part 75 monitoring and recordkeeplng requirements as incorporated by reference Into this regulation with the exception ofthe continuous emission monitoring system (CEMS) data substitution and bias adjustment requirements. Atall times after the compliance deadline specified in Regulation Number 3. Part F, Section VI.A.3., VLB.3. orVI.C.3., the owner/operator of each BART, RP. or BART alternative program unit shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at40 CFR Part 75 not excluded above, to accurately measure from such unit S02, NOx, diluent, and stack gas volumetric flow rate as such parameters are relevant to the applicable emission limit. The CEMS shall be used to determine compliance with the S02 and NOx Regional Haze emission limits for each such unit. Such limits are expressed in units ofpounds per million Btu. The owner/operator shall calculate emissions in the applicable units. In detennining compliancewith the S02 and NOx Regional Haze limits, all periods of emissions shall be included, inclUding startups, shutdowns, emergencies, and malfunctions. VII.B.1.a.(i). Pounds Per Million Btu Regional Haze Limits For any hour in which fuel is combusted in the BART, RP. or BART alternative program unit, owner/operator shall calculate hourly average S02 and NOx concentrations in pounds per million Btu at the CEMS in accordance with the requirements of40 CFR Part 75 exceptfor Part 75 requirements excluded by Section VII. B.1.a. These hourly averages shall then 

### be used to determine compliance in accordance with the particular limit's averaging period. as follows: VII.B.1.a.(i).(1). Regional Haze limitswith a 3-hour averaging period: Emissions shall be calculated on a 3-hour rolling average basis. Atthe end ofeach operating hour, the owner/operator shall calculate and record a new 3-hour average emission rate in Ib/MMBtu from the ari'thmetic average ofthevalid hourly emission rates from the CEMS for the previous three operating hours. (An operating hour is any hour in which fuel is combusted for anytime in the unit.)



### CODE OFCOLORADO REGULATIONS o CCIt"lOOl-o

### Page 188 VII.B.1.a.(i).(2). Regional Haze limits with a 3D-day averaging period: Before the end ofeach operating day, the owner/operator shall calculate and record the 3D-day rolling average emission rate in Ib/MMBtu from all valid hourly emission values from the CEMS for the previous 30 operating days. VII.B.1.a.(i).(3). Regional Haze limitswith a 90-day averaging period: Before the end ofeach operating day, the owner/operatorshall calculate and record the gD-day rolling average emission rate in IblMMBtufrom all valid hourly emission values from the CEMS for the previous 90 operating days. VII.B.1.a.(i).(4). Regional Haze limits with a 12-month averaging period: Before the end ofeach month, the owner/operator shall calculate and record the 12-month rolling average emission. rate in IblMMBtu from all valid hourly emission values from the CEMS for the previous 12 months. VII.B.1.a.(i).(5). Regional Haze limitswith an annual calendaraveraging period: Emissions shall 

### be calculated on a calendar year basis. Within 30 days afterthe end ofeach calendar year, the owner/operator shall calculate and record a new emission rate in IblMMBtu from the arithmetic average ofall valid hourly emission rates from the CEMS forthe preceding year. VII.B.1.a.(i).(6). Comanche Units 1 and 2 Regional Haze combined annual average limits. The combined annual limitations for NOXand S02 are on a 365-operating day rolling average. Beforethe end ofeach operating day, the owner/operator shall calculate and record an annual rolling average using data from the previous 365 operating days in accordance 

### with the following equation. Combined emission rate (lb/MMBtu)

# =[(ER1 )(HI1) 

### + (ER2)(HI2»)/(HI1 

### + H12) Where: ER1 

# = average emission rate overthe 365 operating dayperiod. This is an average ofall valid hourswithin the 365 operating day period for Unit 1. HI1 

# =total heat input overthe 365 operating dayperiod for Unit 1. ER2

# =average emission rate over the 365 operating day period. This is an average ofall valid hours within the 365 operating day

### period for Unit2. HI2

# = total heat input overthe 365 operating day period for Unil2.



### 5 CCR 1001-5 CODEOF COLORADO REGULATIONS02011 StateofColorado 

### 34 CR 1and 2.01-11 Page 188.1 All Rights Reserved

VII.B.1.b. Portland Cement Kilns and CENC and Clark Boilers: At all times afterthe compliance deadline specified in Regulation Number3. Part F. Section VI.A.3., orVI.B.3., the owner/operator ofeach BART orRP unit shall maintain, calibrate and operate a CEMS in full compliance with the requirements in 40 CFR Part60 Section 60.13 and Part 60 Appendices A, B and F to accurately measure S02. NOX and diluent. ifdiluent is required. The CEMS shall be used to determine compliance with the S02 and NOX Regional Haze emission limits for each such unit. For particular units, such limits are expressed in units of pounds per hour, tons peryear, pounds per ton clinker or pounds per million Btu. The owner/operator shall calculate emissions in the applicable units. In determining compliance with the S02 and NOX Regional Haze limits, all periods of emissions shall be included, including startups, shutdowns, emergencies and malfunctions. VII.B.1.b.(i). Pounds per Hourand Tons per Year Regional Haze Limits**~nd** Pounds perMillion Btu Regional Haze Limits. For any hour in which fuel is combusted in the BART or RP unit, the owner/operator shall 'calculate hourly NOx and S02 emissions in the appropriate units (Ibslhr) or (lbsIMMbtu) in accordance with the provisions in 40 CFR Part 60. These hourlyvalues shall be used to determine compliance in accordance with the particular limits averaging time. as follows: VII.B.1.b.(i).(1). Pounds per Houror Pounds per Million Btu Regional Haze Limits

# on a 30-day rolling average, Before the end of each operating day, the owner/operator shall calculate and record the 30-day rolling average emission rate in IblMMBtu or Ib/hrfrom all valid hourly emission values from the CEMS for the previous 30 operating days. VII.B.1.bJ.(2). Pounds per Houron.a 12-month rolling average. Before the end ofeach month. the owner/operator shall calculate and record the 12-month rolling average emission rate in Iblhr from all valid hourly emission values from the CEMS for the previous 12 months. VII.B.1.bJ.(3). Tons per year Regional Haze Limits on a 12-month roHing average. Before the end ofeach month, the owner/operator shall calculate 'and record the total emissions in tonslyrfrom all valid hourly emission values from the CEMS for the previous 12 months. VII.B.1.b.(ii). 

### 3D-Day Rolling Average Pounds perTon Clinker Regional Haze Limits. Hourly clinker production shall 

### be determined in accordance with the requirements In 40 CFR Part 60 Subpart F Section 60.63(b). An operating day includes all valid data obtained in any daily 24-hour period during which the kiln operates and excludes any measurements made.during the daily 24-hour period when the kiln was not operating. The 3D-operating day rolling emission rate of NOX and SOx shall be calculated and recorded as the total ofall hourlyemissions data for a cement kiln in the preceding 30 operating days, diviQed by the total tons ofclinker produced In that kiln during the same 3O-day operating period in accordance with the equation in 40 CFR Part 60 Subpart F Section 60.64(c).



### CODE OF COLORADO'REGULATIONS 6 

### CCR 1001-6

### Page 188.2 VII.B.1.b.(iii). CENC Units 4 and 5 NOX Regional Haze limits: For any hour in which fuel is combusted in CENC Unit4 or Unit 5, the owner/operator shall calculate hourly NOX emissions in 'the appropriate units (lbs/MMbtu) in accordancewith the provisions in 40 CFR Part 60. These hourly values shall be used to determine compliance with the Regional Haze limits, as follows: VII.B.1.b.(iii).(1). Individual unit pound per Million Btu on a 3Q-day rolling average Regional Haze Limit: Before the end ofeach operating day, the owner/operator shall calculate and record the 3Q-day rolling average emission rate In IblMMBtu from all valid hourlyemission values from the CEMS forthe previous 30 operating days, OR VII.B.1.b.(iii).(2). Combined units 4 and 5 IbsIMMbtu 3o-day rolling average Regional Haze Limit Before the end ofeach operating day, the owner/operator shall calculate and record a 

### 3Dday rolling average using data from the previous 30 operating days in accordance with the following equation: Average ER 

### = [(ER4)(HI4)+(ER5)(HI5)] / [(HI4)+(HI5)] Where: ER4 

### = average NOX emission rate, in pounds per MMbiu overthe 30 day period. This is an average ofall valid hourswithin the 30 operating day period for Unit 4. ER5

# =average NOX emission rate, in pounds per MMbtu over the 30 day period. This is an average ofall valid hourswithin the 30 operating day period for Unit 5. HI4

# = Total heat inputoverthe 30 operating day period for Unit 4. HI5

# = Total heat input over the 30 operating day period for Unit 5. VII.B.1.b.(iii).(3). The owner oroperator shall Indicate in the excess emission reports required by Section VII.E ofthis Part F, which compliance demonstration method has been followed for the reporting period. VII.B.2. BART and RP Unitswithout NOX and S02 CEMS. VII.B.2.a. CENC Unit 3. Compliance with the S02 limitations shall 

### be determined by sampling and analyzing each shipment ofcoal for the sulfur and heat content using the appropriate ASTM Methods. In lieu ofsampling, vendor receipts may be used provided the sampling and analysis was conducted in accordancewith the appropriate ASTM Method. Each sample orvendor receipt must indicate compliance with the S02 limitation. Compliancewith the annual NOx limits shall be monitored by recording fuel consumption and calCUlating emissions monthly using the appropriateAP-42 emission factor. Monthlyemissions shall 

### becalculated by the end ofthe subsequent month and shall 

### be used in a rolling twelve month total to monitorcompliance with the annual limitations. Each month a newtwelve



### 6 CCR 1001-5 CODE OFCOLORADOREGULATIONS

### o2011 Stale ofColorado 

### 34 CR 1 and 2, 01-11 Page 188.3 All RigIUs Reserved month total shall be calculated using the previous 12 months data. [*Note: CENC Unit 3 is not subject to annual S02 limits.] VIL8.2.b. CEMEX Dryer. Unless performance tests were completed within the previous 6 months, within 60 days ofthe compliance deadline specified in Regulation Number3, Part F Section VLA.3, the owner/operator shall conduct a stack test to measure NOX and S02 emissions in accordance with the appropriate EPA test methods. Frequency oftesting thereafter shall be every five years. Each test shall consist ofthree test runs, with each run at least 60 minutes in duration. In addition to the stack tests described above, compliancewith the annual NOx and S02 limits shall be monitored by calculating emissions monthly using the emission factors (in Ib/hr) determined from the most recent Division-approved stack test and hours ofoperation for the month. Monthly emissions shall be calculated by the end ofthe subsequent month and used in a twelve month rolling total to monitor compliance with the annual limitations. Each month a newtwelve month total shall 

### be calculated using the previous 12 months' data. VILC. Monitoring/Compliance Determination: Particulate Regional Haze Limits VILC.1. Particulate Regional Haze Umits for all boilers except CENC and Clark boilers Unless particulate compliance testing was completed within the previous6 months, within 60 days ofthe compliance deadline specified in Regulation Number3, Part F, Section VI.A.3., VI.8.3., orVI.C.3., the owner/operator shall conduct a stack test to measure particulate emissions in accordance with the requirements and procedures set forth in EPATest Method 5 as setforth in 40 CFR Part 60, Appendix A. Stack testing for particulate matter shall 

### be performed annually, except that: (1) ifany test results indicate emissions are lessthan or equal to 50% ofthe emission limit, another test is required within five years; (2) ifanytest results indicate emissions are more than 50%. but lessthan or equal to 75% ofthe emission limit, anothertest is required within three years; and (3) Ifanytest results indicate emissions are greaterthan 75% ofthe emission limit, an annual test is required until the provisions of (1) or (2) are met. A test run shall consist ofthree test runs, with each run at least 120 minutes in duration. Test results shall 

### be converted to the applicable units and compliance will the based on the average ofthe three test runs. In addition, to the stack tests described above, the owner/operator shall monitorcompliance with the particulate matter limits in accordancewith the applicable compliance assurance monitoring plan developed and approved in accordance with 40 CFR Part 64. VII.C.2. Portland Cement Plant Particulate Regional Haze-Limits. VII.C.2.a. Kilns. Compliance with the particulate matter limitations shall be monitored using a PM CEMS that meets the requirements in 40 CFR Part 63 Subpart LLL. The owner or operator shall calculate emissions in the applicable units. Ifa PM CEMS is usedto monitor compliance with the PM limits, the opacity limits specified In this Part F do not apply. In the eventthat the provisions in 40 CFR Part 63 Subpart LLL are revised, stayed or vacated, such that a PM CEMS is not required, compliance with the PM limitations shall 

### be monitored by conducting stack tests in accordance with the reqUirements of 

# - Section VII.C,3. exceptthat the results ofthetest shall 

### be converted to the appropriate units (Ib/ton clinker or Iblton dryfeed) and compliance will 

### be based on the average ofthree test runs.



### CODE OFCOLORADO**R~GULATIONS** 

### 5 CCR 1001-5

### Page 188.4

In addition, if no PM CEMS is required, as discussed in the above paragraph, the opacity limits specified in this Part F do apply. In order to monitor compliance with the opacity limit, the owner or operator shall install, calibrate, maintain, and continuously operate a COM located at Ihe outlet ofIhe PM control device to continuously monitor opacity. The COM shall be installed, maintained, calibrated. and operated as required by 40 CFR Part 63, SUbpart A; and according to PS-1 of40 CFR Part 60. Appendix B VII.C.2.b. Dryers. Performance tests shall be conducted in accordance with Ihe requirements in Section VII.C.3. Opacity monitoring shall be conducted in accordance with Ihe requirements in 40 CFR Part63Subpart 

### LLL. VII.C.3. Particulate Regional Haze Limits forthe CENC and Clark boilers and Ihe CEMEX dryer: Within 60 days ofthe compliance deadline specified in RegUlation Number3, Part F, Section VI.A.3. or VI.8.3., the owner/operator shall conduct a stack test to measure particulate emissions in accordance with the requirements and procedures set forth in EPATest Method 5, 58, 5D or 17, as appropriate, as set forth in 40CFR Part60, Appendix A. Stacktesting for particulate matter shall 

### be performed annually. except that: (1) 

### ifanytest results indicate emissions are less than orequal to 50% of the emission limit. another test is required within five years: (2) 

### ifanytest results indicate emissions are more Ihan 50%. but less than or equal to 75% ofthe emission limit, another lest is required within three years; and (3) ifany lest results indicate emissions are greater Ihan 75% ofthe emission limit, an annual test is required until the proVisions of(1) or (2) are met. Each test shall consist ofthree test runs, with each run at least 60 minutes in duration. In addition, to the stacktests described above. compliance with Ihe annual limitations (ton/yr limits) applicable to the Clark boilers and CEMEX dryer shall be monitored by calculating emissions monthly using the emission factors (in Ib/hr) delermined from the most recent Division-approved stack test and hours 

### ofoperation for the month. Monthly emissions shall becalculated by the end ofthe subsequent month and used in a twelve month rolling total to monitorcompliance with the annual limitations. Each month a new twelvemonth total shall be calculated using the previous 12 months' data. In addition to the stack tests described above, the owner/operator shall monitor compliance with the particulate matter limits in accordancewith "the applicable compliance assurance monitoring plan developed and approved in accordance with 40 CFR Part 

### 64. VII.D. Recordkeeping Owner/operator shall maintain the follOWing records for at leastfive years: VII.D.1. All CEMS data as required in the applicable regulation, stack test data, and data collected pursuant to the CAM plan, including the date, place, and time ofsampling, measurement. ortesting; parameters sampled, measured. or tesled and results: the company, enlity, or person that performed the testing, ifapplicable: and any field data sheets from testing. VII.D.2. Records ofquality assurance and quality control activities for emissions measuring systems inclUding, but not limited to, any records required by 40 CFR Part 60, 63, or 75. VII.D.3. Any other records required by 40 CFR parts 60, Subpart F. Section 60.65. 63, SUbpart 

### LLL, 64 or 75.



### 6 CCR 1001-5 CODEOF COLORADO REGULATIONSC 2011 State ofColorado 

### 34 CR 1and 2, 01·11 Page 188.5 All RightsReserved VII.E. Reporting requirements The owner/operator ofa BART, RP or BART alternative program unit shall submitsemi-annual excessemissions reports noJaterthan the 30th dayfollowing the end ofeach semi-annual period unless more frequent reporting is required. Excess emIssions means emissions that exceed the Regional Haze emissions limits. Excess emission reports shall include the information specified in 40 CFR Part 60, Section 60.7(c).

. The owner/operator ofa BART, RP or BART alternative program unitshall submit reports ofany required performance stack tests for particulate malter, to the Division within 60 calendar days after completion ofthe test. The owner/operator shall also submit semi-annual reports ofanyexcursions underthe approved compliance assurance monitoring plan in accordance with the schedule specified in the source'sTitle V permit.



### CODE OFCOLORADO REGULATIONS 5 CCR 1001-5

### Page 188.6

PARTG STATEMENTS OF BASIS, SPECIFIC STATUTORYAUTHORITYAND PURPOSE 

### l.A. AdoptedJune 5. 1980 Rational andJustification forthe Repeal and Repromulgation of Regulation Number 3 and Common Provisions Regulation as Related to Regulation Number3 On December 14,1978, the Air Quality Control Commission revised Regulation Number3 (concemlng requirements forfiling air pollution emission notices, obtaining emission permits, and payment offees with respect to both) for the primary purpose ofbringing Colorado's air pollutant emission permit program into conformity with the requirements ofthe Federal Clean AirAct Amendments of 1977 to the extent authorized by the then effective State statutory authority: "The Air POllution Control Act of 1970, "C.R.S. 1973, 25-7-101 et seq. The regulation as revised in 1978and which became effective January 3D, 1972. was submitted to the U.S. Environmental Protection Agency as a revision to the state Implementation Plan ("SIP") pursuant to Subsection 129(c) ofthe Federal Clean AirActAmendments of 1977. Since that SUbmittal, the Colorado GeneralAssembly has repealed and reenacted the State's basic air pollution control statute: Article 7 otTitle 25, Colorado Revised Statutes, 1973. The new article, known as the "Colorado Air Quality Control Act" (designated House Bill 1109 in the 1979 legislative session), became effective June 20, 1979, and largely brought the State statute into conformity with the Federal legislation, mandating the Commission to develop a comprehensive air pollution control program meeting the requirements ofthe Federal Clean Air Act. Revisions also respond to the requirements setforth in the October 5, 1979 Federal Register notice which conditionally approved portions ofthe Colorado SIP and set forth certain requirements for securing their unconditional approval. E.G., see Section IV.D.2.a.(iv) of revised Regulation Number3, which incorporates the requirements ofSection 172(b)(II)(A) ofthe Clean AirAct. 44 Fed. Reg. 57401, 57408 (1979). The Commission has made an effort to formulate a permit program meeting the reqUirement ofand paralleling ofthe provisions EPA policies and rules to the extent authorized by House Bill 1109 and 

### to ,the extent deemed appropriate by the Commission for Colorado's particular circumstances. This has been done in orderto meet certain specific requirements expressly setforth in the Federal Clean Air Act, to meet certain specific requiremehts EPA has determined are required for compliance with the Federal Act, and to avoid subjecting sources ofair pollution in Colorado to differing State and Federal requirements. The Commission considered the assurance of reasonable further progress toward attainment of National AmbientAir Quality Standards as the primary underlying criterion in developing permit requirements for sources located in or near nonattainment areas. Consideration hasalso been given to the opinion ofthe United States Court ofappeals for the District ofColumbia in the case ofAlabama Power Companyv. Costle F.2d (D.C. Cir., 1979). APENs In orderto reduce the administrative burden on both the Air Pollution Control Division (''the Division") and owners and operators ofair pollution sources, the filing of revised air pollution emission notices for the purpose of reporting significant changes in emissionswill 

### be required only on an annual basis, rather than whenever a significant change in emissions occurs. In making this revision. the Commission relied on the representations ofthe Division that annual reporting would be sufficient for purposes of keeping the emissions inventory current.



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