Regulation No. 3 Style Guide Many provisions of this Regulation No. 3 have been approved by the U.S. EPA for incorporation into Colorado’s State Implementation Plan (SIP). Some provisions are currently under review by the U.S.

EPA. The following guide to the font styles used in this Regulation No. 3 can be used to identify those provisions that have been adopted by the Air Quality Control Commission and are currently under review by the U.S. EPA.

* Italicized text will become effective when the U.S. EPA approves that language for incorporation into the state implementation plan * Underlined text will be effective until the U.S. EPA approves the italicized text for incorporation into the state implementation plan PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND PERMITTING I. APPLICABILITY I.A. The provisions of this Part A shall apply statewide to all sources of air pollutants except as otherwise provided herein.

The portions of Regulation No. 3 printed in italics are not effective until the date on which the U.S. EPA promulgates a final rule adopting the revisions to Regulation No. 3 as a permanent part of the state implementation plan.

All sources of air pollutants that have previously obtained an emissions permit (prior to July 1, 1992) or a construction permit, and are subject only to the Part B Construction Permit Program, may choose to reapply for a new construction permit pursuant to Part B of this Regulation No. 3 in order to obtain the operational flexibility provided in section IV. of this Part A, or to obtain federally enforceable limitations to limit the source's potential to emit ("synthetic minor"). Sources of air pollutants that are subject only to the Part B Construction Permit Program may voluntarily apply for an Operating Permit pursuant to Part C. Pursuant to Colorado Revised Statutes section 24-4-103 (12.5), materials incorporated by reference are available for public inspection during normal business hours, or copies may be obtained at a reasonable cost from the Technical Secretary of the Air Quality Control Commission (the commission), 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, or may be examined at any State Publications Depository Library. Materials incorporated by reference are those editions in existence as of the date this regulation is promulgated or revised by the commission and references do not include later amendments to or editions of the incorporated materials.

I.B. Definitions I.B.1. Administrative Permit Amendment.

I.B.1.a. A permit revision that:

1. I.B.1.a.(i) Corrects typographical errors;
   1. I.B.1.a.(ii) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

      I.B.1.a.(iii) Requires more frequent monitoring or reporting by the permittee; I.B.1.a.(iv) Allows for a change in ownership or operational control of a source where the division determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the division; I.B.1.b. An administrative permit amendment for purposes of the acid rain portion of a permit shall be governed by regulations promulgated under Title IV of the Federal Act, found at Code of Federal Regulations Title 40, Part 72. I.B.2. Administrator The administrator of the U.S. Environmental Protection Agency (U.S. EPA). I.B. 3. Adverse Environmental Effect As a term used in the context of regulating hazardous air pollutants, any significant and widespread adverse effect, that may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas. I.B.4. Affected States All states whose air quality may be affected by issuance of an operating permit, operating permit modification, or operating permit renewal and that are contiguous to Colorado; and/or all states that are within fifty miles of a permitted source. I.B.5. Affected Unit A unit that is subject to any acid rain emissions reduction requirement or acid rain emissions limitation pursuant to Title IV of the Federal Act or regulations promulgated there under, in the Code of Federal Regulations Title 40, Part 72. I.B.6. Air Pollutant Means carbon monoxide, nitrogen oxides, sulfur dioxide, PM10, total suspended particulates, ozone, volatile organic compounds, lead, all pollutants regulated under section 111 of the Federal Act (Regulation No. 6), all hazardous air pollutants, and all class I and class II ozone depleting compounds as defined and referenced in section 602 of the Federal Act.

I.B.7. Allowable Emissions The emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable, or enforceable as a practical matter , permit conditions that restrict the operating rate or hours of operation, or both) and the most stringent of the following:

I.B.7.a. The applicable standards promulgated pursuant to the Federal Act for new source performance or hazardous air pollutants;

I.B.7.b. The applicable Colorado Emission Control Regulation; or I.B.7.c. The emissions rate specified as a federally enforceable, or enforceable as a practical matter , permit condition, including those with a future compliance date .

I.B.8. Annual Actual Emissions The actual rate of emissions of a pollutant, excluding excess emissions from a malfunction, or startups and shutdowns associated with a malfunction. Annual actual emissions shall be calculated using the source’s actual operating rates, and types of materials processed, stored, or combusted during the calendar year. I.B.9. Applicable Requirement Means all of the following as they apply to emissions units in a source subject to operating permit requirements of this regulation (including requirements that have been promulgated or approved by the U.S. EPA through rulemaking at the time of permit issuance but have future effective compliance dates);

I.B.9.a. Any term or condition of any construction permit issued pursuant to Part B of this Regulation No. 3, or any such term or condition as modified by procedures authorized by the operating permit program pursuant to Parts B and C of this Regulation, or any permit issued under Part C or Part D of the Federal Act, except that state-only permit terms or conditions shall remain enforceable solely pursuant to state law;

I.B.9.b. Any standard or other requirement provided for in the state implementation plan; I.B.9.c. Any standard or other requirement under section 111 of the Federal Act (New Source Performance Standards), including section 111(d) of the Federal Act (Standards of Performance for existing sources) (Regulation No. 6); I.B.9.d. Any standard or other requirement under section 112 of the Federal Act (hazardous air pollutants, including any requirement concerning accident prevention under section 112(r)(7) of the Federal Act) (Regulation No. 8) but not including the contents of any risk management plan required under section 112(r) of the Federal Act;

I.B.9.e. Any requirements for monitoring and compliance assurance monitoring methods and procedures to ensure compliance with permit requirements, including periodic monitoring and testing, and compliance certifications, established pursuant to sections 504(b) or 114(a)(3) of the Federal Act; I.B.9.f. Any standards or other requirement under the Code of Federal Regulations Title 40, Part 72 (acid deposition control);

I.B.9.g. Any standard or other requirement governing solid waste incineration; I.B.9.h. Any standard or other requirement for consumer and commercial products; I.B.9.i. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Federal Act, except where the Administrator has determined such requirement need not be contained in an operating permit (Regulation No. 15);

I.B.9.j. Any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Federal Act, but only as it would apply to temporary sources permitted pursuant to Part C of this Regulation No. 3. I.B.10. Commence, also Commence Construction When the owner or operator has obtained all necessary pre-construction approvals or permits required by federal, state, or local air pollution and air quality laws and regulations and has either; (a) begun, or caused to begin, a continuous program of physical onsite construction of the source, or (b) entered into binding agreements or contractual obligation that cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. The following activities do not require the owner or operator to obtain a permit: 1) planning; 2) site clearing and grading; 3) ordering of equipment and materials; 4) storing of equipment; 5) setting up temporary trailers to house construction management staff and contractor personnel; 6) engineering and design; and 7) geotechnical investigation. In the event that the source does not qualify for issuance of a permit, the owner or operator accepts the financial risk of commencing these activities.

I.B.11. Commencement of Operation A new source commences operation when it first conducts the activity that it was designed and permitted for (i.e., producing cement or generating electricity). I.B.12. Construction Permit Means the same as an emission permit as required under Part B of this regulation as it existed prior to July 1, 1992, and is the permit required under Colorado Revised Statutes section 25-7-114.2 after July 1, 1992.

I.B.13. Continuous Emissions Monitoring System (CEMS)

All of the equipment that is required to meet the data acquisition and availability requirements of Part D of this Regulation or of a permit issued in accordance with Parts B or C of this regulation, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

I.B.14. Continuous Emissions Rate Monitoring Systems (CERMS) The total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

I.B.15. Continuous Parameter Monitoring System (CPMS)

All of the equipment necessary to meet the data acquisition and availability requirements of Part D of this Regulation, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis. I.B.16. Criteria pollutants Those pollutants for which the U.S. EPA has established national ambient air quality standards, including: carbon monoxide, nitrogen dioxide (direct emissions and as a precursor to ozone), sulfur dioxide, PM10, total suspended particulate matter, ozone, volatile organic compounds (as a precursor to ozone), and lead. For the purposes of Air Pollutant Emission Notice reporting, criteria pollutants shall also include nitrogen oxides, fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced sulfur compounds, municipal waste combustor organics, municipal waste combustor metals, and municipal waste combustor acid gases. I.B.17. Designated Representative Means a responsible natural person authorized by the owners and operators of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with Subpart B of Code of Federal Regulations, Title 40, Part 72, to represent and legally bind each owner and operator, as a matter of law, in matters pertaining to the acid rain program. Whenever the term responsible official is used, it shall be deemed to refer to the designated representative with regard to all matters under the acid rain program.

I.B.18. Draft Permit Means a proposed form of a permit that is released to the public for an opportunity for public comment and hearing, and for affected state review prior to the division's final decision on a permit application.

I.B.19. Existing Source An air pollutant source that has been constructed, is in operation, or has received an initial approval of a construction permit prior to the effective date of applicable requirements.

I.B.20. Fugitive Dust For purposes of this Regulation No. 3, fugitive dust means soil or other airborne particulate matter (excluding particulates produced directly during combustion) resulting from natural forces or from surface use or disturbance, including, but not limited to, all dust from agriculture, construction, forestry, unpaved roads, mining, exploration, or similar activities in which earth is either moved, stored, transported, or redistributed; except that fugitive dust shall not include any fraction of such soil or other airborne particulate matter that is of a size or substance to adversely affect public health or welfare. I.B.21. General Permit Means a single permit issued to cover numerous similar sources. I.B.22. Indirect Source A facility, building, structure, or installation, or any combination thereof, excluding dwellings, which can reasonably be expected to cause or induce substantial mobile source activity that results in emissions of air pollutants that might reasonably be expected to interfere with the attainment and maintenance of National Ambient Air Quality Standards.

I.B.23. Major Source Any stationary source or group of stationary sources belonging to the same industrial grouping (see Section I.B.41. of this Part A), that are located on one or more contiguous or adjacent properties and are under common control of the same person (or persons under common control) that:

I.B.23.a. Directly emits, or has the potential to emit considering enforceable controls, in the aggregate, ten tons per year or more of any hazardous air pollutant or twenty-five tons per year or more of any combination of hazardous air pollutants, or such lesser quantity of hazardous air pollutants as may be established pursuant to the Federal Act. Emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources, and in the case of any oil or gas exploration or production well (with its associated equipment), such emissions shall not be aggregated for any purpose under this provision. Fugitive emissions shall be considered in determining whether a stationary source of hazardous air pollutants is a major source. I.B.23.b. Directly emits, or has the potential to emit, one hundred tons per year or more of any air pollutant. Fugitive emissions shall not be considered in determining whether a source is a major stationary source for purposes of this section I.B.23.b., unless the source belongs to one of the following categories of stationary sources:

1. I.B.23.b.(i) Coal cleaning plants (with thermal dryers); I.B.23.b.(ii) Kraft pulp mills;
   1. I.B.23.b.(iii) Portland cement plants;

      I.B.23.b.(iv) Primary zinc smelters;

      I.B.23.b.(v) Iron and steel mills;

      I.B.23.b.(vi) Primary aluminum ore reduction plants;

      I.B.23.b.(vii) Primary copper smelters;

      I.B.23.b.(viii) Municipal incinerators capable of charging more than 250 tons of refuse per day;

      I.B.23.b.(ix) Hydrofluoric, sulfuric, or citric acid plants; I.B.23.b.(x) Petroleum refineries;

      I.B.23.b.(xi) Lime plants;

      I.B.23.b.(xii) Phosphate rock processing plants;

      I.B.23.b.(xiii) Coke oven batteries;

      I.B.23.b.(xiv) Sulfur recovery plants;

      I.B.23.b.(xv) Carbon black plants (furnace process);

      I.B.23.b.(xvi) Primary lead smelters;

      I.B.23.b.(xvii) Fuel conversion plants;

      I.B.23.b.(xviii) Sintering plants;

      I.B.23.b.(xix) Secondary metal production plants;

      I.B.23.b.(xx) Chemical process plants;

      I.B.23.b.(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

      I.B.23.b.(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

      I.B.23.b.(xxiii) Taconite ore processing plants;

      I.B.23.b.(xxiv) Glass fiber processing plants;

      I.B.23.b.(xxv) Charcoal production plants;

      I.B.23.b.(xxvi) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or I.B.23.b.(xxvii) Any other stationary source categories regulated by a standard promulgated as of August 7, 1980 under section 111 or 112 of the Federal Act, but only with respect to those air pollutants that have been regulated for that category.

I.B.23.c. Meets any of the definitions of major stationary source set forth in Section II.A.25. of Part D of this Regulation No. 3.

I.B.24. Minor Source Any stationary source that does not qualify as a major source (as defined in section I.B.23. above).

I.B.25. Mobile Source Motor vehicles and other sources of air pollution that emit pollutants while moving and that commonly do not remain at one site (one or more contiguous or adjacent properties owned or operated by the same person or by persons under common control), but does not include portable sources.

I.B.26. Modification Any physical change in, or change in the method of operation of, a stationary source that does not meet the definition of major modification (as defined in section II.A.23. of Part D of this regulation), and that increases the emission rate of any pollutant for which a federal or state emission standard has been promulgated or that results in the emission of any such pollutant previously not emitted. The following exceptions apply: I.B.26.a. Routine maintenance, repair, and replacement shall not be considered a physical change;

I.B.26.b. Unless previously limited by enforceable permit terms and conditions, the following shall not be considered to be a change in the method of operation: I.B.26.b.(i) An increase in the production rate if such increase does not exceed the design capacity of the source and does not lead to emissions in excess of the emission standards;

1. I.B.26.b.(ii) An increase in the hours of operation that does not lead to emissions in excess of the emission standards.
   1. I.B.26.b.(iii) Use of an alternative fuel or raw material by reason of an order in effect under sections 2(a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), a prohibition under the Federal Power Plan and Industrial Fuel Act of 1978 (or any superseding legislation) or by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act; I.B.26.b.(iv) Use of an alternative fuel by reason of an order or rule under section 125 of the Federal Act; or I.B.26.b.(v) Change in ownership of the source.

I.B.26.c. Emissions resulting from construction and exploration shall be excluded in determining whether a modification will occur. Emissions from on going construction, and emissions from natural gas flaring are not considered to be temporary emissions, and are included in determining whether a modification will occur.

I.B.26.d. This definition shall not be used as a definition of major modification or minor permit modification (as defined in section I.A.2. of Part C of this regulation)-- these are distinct and separate definitions.

I.B.26.e. Any physical change or change in the method of operation at a source with an operating permit issued pursuant to Part C of this Regulation No. 3, that does not constitute a major modification (as defined in Part D, section II.A.23. of this Regulation No. 3) and that does not trigger new source performance standards or hazardous air pollutant requirements under the Federal Act is not considered to be a modification; except that any such change shall trigger the provisions of Part B, section III.D.1.a. through III.D.1.g., and Part C, sections X.A., and Part C sections XII.A. or XII.B., as appropriate.

for Administrative Permit Amendment see section I.B.1. of Part Afor Minor Permit Modification, see section I.A.2. of Part Cfor Major Modification, see section II.A.23. of Part Dfor Permit Modification, see section I.A.3. of Part Cfor Permit Revision, see section I.B.32. of Part Afor Significant Permit Modification, see section I.A.7. of Part C I.B.27. New Source A stationary air pollution source, other than an existing source; or any source that resumes operation after being inactive for more than one year after having been shut down for the purpose of eliminating emissions that violated any applicable emission control regulation or regulation for the control of hazardous air pollutants. I.B.28. Non-criteria Reportable Pollutants The list of pollutants set forth in Appendix B and those ozone-depleting compounds listed in section 602 of the Federal Act.

I.B.29. Non-Road Engine I.B.29.a. Except as discussed in section I.B.29.b. of this definition, a non-road engine is an internal combustion engine:

1. I.B.29.a.(i) In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or I.B.29.a.(ii) In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or I.B.29.a.(iii) That, by itself or in or on a piece of equipment is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to wheels, skids, carrying handles, dolly, trailer or platform.

I.B.29.b. An internal combustion engine is not a non-road engine if: I.B.29.b.(i) The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the Federal Act; or I.B.29.b.(ii) The engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the Federal Act; or I.B.29.b.(iii) The engine otherwise included in section I.B.29.a.(iii) of this definition remains or will remain at a location for more than twelve consecutive months or a shorter period of time for an engine located as a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at a single location approximately three months (or more) each year. This section does not apply to an engine after the engine is removed from the location.

I.B.29.c. Non-road engines not co-located at an existing major source An operator of a non-road engine as defined in section I.B.29.a.(iii), above, with a manufacturer’s site-rated horsepower of 1,200 or greater, or an aggregation of such non-road engines each with a manufacturer’s site-rated horsepower of 1,200 or greater, that operate more than 4,380 hours per year at the same location are subject to the following state-only requirements: I.B.29.c.(i) Submit an air pollutant emission notice and pay the appropriate fees pursuant to section VI. of Part A of this regulation;

1. I.B.29.c.(ii) Submit an application for a site-specific, temporary, non-road engine permit on forms supplied by the division if the estimated annual actual emissions reported on the Air Pollutant Emission Notice, as required by section I.B.29.c.(i), are equal to or exceed one hundred tons per year or more of nitrogen oxides, 100 tons per year or more of carbon monoxide, or forty tons per year or more of sulfur dioxide. After receipt and review of a complete application, the division shall issue a state-only non-road engine permit containing such terms and conditions as are necessary to protect the ambient air quality standards.
   1. I.B.29.c.(iii) The operator of a non-road engine that is exempt based on hours of operation or the annual emissions thresholds described above, must maintain sufficient records to verify that the engine or engines are exempt from the state-only reporting and permit requirements. Such records shall be made available for division review upon request. I.B.29.d. Non-road engines co-located at an existing major source of nitrogen oxides and sulfur dioxide An operator of a non-road engine or aggregation of engines each with a manufacturer’s site-rated horsepower of 1,200 or greater, and are non-road engines under section I.B.29.a.(iii) of this definition, are subject to the following state-only requirements:

      I.B.29.d.(i) Submit an air pollutant emission notice and pay the fees required by section VI. of this Part;

      I.B.29.d.(ii) Submit an application for a site-specific, temporary, state-only non- road engine permit on forms supplied by the division if the estimated annual actual emissions reported on the air pollutant emission notice, as required by section I.B.29.d.(i), are equal to or exceed forty tons per year or more of nitrogen oxides, one hundred tons per year or more of carbon monoxide, or forty tons per year or more of sulfur dioxide. After receipt and review of a complete application, the division shall issue a temporary state-only non-road engine permit containing such terms and conditions as are necessary to protect the ambient air quality standards. I.B.29.d.(iii) The operator of a non-road engine that is 1,200 horsepower or greater, but is exempt on the basis of the annual emissions thresholds described above, must maintain sufficient records to verify that the engine or engines are exempt from the state-only reporting and permit requirements. Such records shall be made available for division review upon request.

I.B.30. Operating Permit Unless the context suggests otherwise, any permit or group of permits covering an operating permit source that is issued, renewed, amended or revised pursuant to Part C of this Regulation No. 3.

I.B.31. Operating Permit Source Any source subject to the permitting requirements of Part C of this regulation. I.B.32. Permit Revision Any permit modification, minor permit modification, or administrative permit amendment. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program provided that such increases do not require a permit revision under any other applicable requirement. I.B.33. Pollution Prevention Any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal. This definition does not include recycling (other than certain “in-process recycling” practices), energy recovery, treatment, or disposal. I.B.34. Portable Source A source such as, but not limited to, asphalt batch plants and aggregate crushers that commonly and by usual practice is moved from one site to another. A source will not be considered portable if it remains on one site for more than two years. I.B.35. Potential to Emit The maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is state enforceable and federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. I.B.36. Predictive Emissions Monitoring System (PEMS)

All of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. I.B.37. Regulated Air Pollutant Nitrogen oxides or any volatile organic compounds, except as listed in the definition of negligibly reactive volatile organic compounds in the Common Provisions regulation; any pollutant for which a national or state ambient air quality standard has been promulgated; any pollutant that is subject to any standard promulgated under section 111 of the Federal Act (Regulation No. 6); any class I or II substance subject to a standard promulgated under or established by Title VI of the Federal Act; any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Federal Act, including sections 112(g), (j), and (r) of the Federal Act; and any pollutant subject to a standard promulgated pursuant to Colorado Revised Statutes section 25-7- 109.3(5)(a), (state-only hazardous air pollutants listed in section 25-7-109.3(5)(a) are subject to state enforcement only and do not trigger enforcement by the Administrator or by citizens under section 304 of the Federal Act.)

Once a source becomes subject to the operating permit requirements, regulated air pollutants must be addressed in the permit application and in the permit. I.B.38. Responsible Official One of the following:

I.B.38.a. For a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: I.B.38.a.(i) The facilities employ more than two hundred and fifty persons or have gross annual sales or expenditures exceeding twenty-five million dollars (in second quarter 1980 dollars); or I.B.38.a.(ii) The delegation of authority to such representative is approved in advance by the division;

I.B.38.b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

I.B.38.c. For a municipality, state, federal, or other public agency; either a principal executive officer, or ranking elected official. For the purposes of this section, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency; or I.B.38.d. For affected sources:

1. I.B.38.d.(i) The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Federal Act or the regulations, found at Code of Federal Regulations Title 40, Part 72, promulgated there under are concerned; and I.B.38.d.(ii) The designated representative under Title IV of the Federal Act or the Code of Federal Regulations Title 40, Part 72 for any other purposes under the Code of Federal Regulations Title 40, Part 70. I.B.39. Schedule of compliance A schedule of required measures, including an enforceable sequence of actions or operations, leading to compliance with an applicable state implementation plan, emission standard, emission limitation, emission prohibition, or emission control regulation. I.B.40. State-only Condition Means any standard, term or condition that is not required by Part C of this regulation (Title V Operating Permits), Part D of this regulation (major New Source Review), Title III (hazardous air pollutants) or section 111 (New Source Performance Standards) of the Federal Act, is not required to be federally enforceable to participate in the early reductions program, is not required to create a federally enforceable emissions limitation in order to create a synthetic minor source (as defined in section I.A. of this Part), or is otherwise more stringent than a requirement under the Federal Act. I.B.41. Stationary Source Any building, structure, facility, or installation, or any combination thereof belonging to the same industrial grouping, that emits or may emit any air pollutant subject to regulation under the Federal Act, that is located on one or more contiguous or adjacent properties and that is owned or operated by the same person or by persons under common control. Those emissions resulting directly from an internal combustion engine for transportation purposes or from a non-road engine as defined in section I.B.29. of this Part shall not be considered a stationary source. Building, structures, facilities, equipment, and installations shall be considered to belong to the same industrial grouping if they belong to the same major groups (i.e., have the same two-digit codes) as described in the Standard Industrial Classification Manual, 1987, but not later amendments. See National Technical Information Service, Order No. PB 87-100012. The manual is available for examination at the office of the Director of the Air Pollution Control division, Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530.

for Affected Source see section I.A.1. of Part Cfor Existing Source, see section I.B.19. of Part Afor Indirect Source, see section I.B.22. of Part Afor Major Source, see section I.B.23. of Part Afor Major Stationary Source, see section II.A.25. of Part Dfor Minor Source, see section I.B.24. of Part Afor Mobile Source, see section I.B.25. of Part Afor New Source, see section I.B.27. of Part Afor Portable Source, see section I.B.34. of Part Afor Temporary Source, see section I.B.42. of Part A I.B.42. Temporary Source A source in operation for not more than two years in duration unless the division determines that a longer time period is appropriate.

I.B.43. Uncontrolled Actual Emissions The annual emission rate corresponding to the annual process rate listed on the Air Pollutant Emission Notice form, without consideration of any emission control equipment or procedures.

The division may allow a source to forego calculating or estimating its uncontrolled actual emissions of hazardous air pollutants upon a showing by the source and a determination by the division that the creation of such data is unreasonably costly, technically impractical or not reasonably related to information necessary for making regulatory decisions with respect to that source. The division's final determination may be appealed to the commission by the source.

I.B.44. Wet Screening Operations A screening operation at a nonmetallic mineral processing plant that removes unwanted material or that separates marketable fines from the product by a washing process that is designed and operated at all times such that water is an integral part of the process and the product is saturated with water. Screens that use spray bars for the purposes of dust control are not included in this definition.

II. AIR POLLUTANT EMISSION NOTICE (APEN) REQUIREMENTS II.A. Air Pollutant Emission Notices for New, Modified, and Existing Sources Except as specifically exempted in section II.D., no person shall allow emission of air pollutants from, or construction, modification or alteration of, any facility, process, or activity which constitutes a stationary source, except residential structures, from which air pollutants are, or are to be, emitted unless and until an Air Pollutant Emission Notice and the associated Air Pollutant Emission Notice fee has been filed with the division with respect to such emission. Each such notice shall specify the location at which the proposed emission will occur, the name and address of the persons operating and owning such facility, the nature of such facility, process or activity, an estimate of the quantity and composition of the expected emission and other information as required in the current Air Pollutant Emission Notice form. II.B. General II.B.1. Emission Estimate The Air Pollutant Emission Notice shall include an estimate of the annual actual emissions, including emission controls. The emissions estimate shall be based upon actual test data or, in the absence of such data, upon estimations acceptable to the division. The following alternative estimate methods, in order of descending acceptability, are acceptable to the division:

II.B.1.a. Mass balance calculations or a published, verifiable emission factor, whichever is best applied to the source; or II.B.1.b. Other engineering calculations.

1. Stack testing or emission monitoring will not be required solely to meet the Air Pollutant Emission Notice reporting requirements.
   1. An owner or operator shall provide a justification to the division for not using any methods that are higher on the list than the method the owner or operator proposes to use. If none of the above methods are available or applicable to the source, an appropriate method will be determined on a case-by-case basis by the division, taking into account the provisions of section II.C.2. of this Part A. The division shall make available to all air pollution control authority offices appropriate forms on which the information required by this section shall be submitted.

II.B.2. Air Pollutant Emission Notice Term An Air Pollutant Emission Notice is valid for a period of five years. The five-year period recommences when a revised Air Pollutant Emission Notice is received by the division. II.B.3. APEN Applicability For the purposes of Air Pollutant Emission Notice applicability, a source will be considered to be an individual emission point, or group of points pursuant to section II.B.4. of this Part A.

II.B.3.a. Criteria Pollutants For criteria pollutants, Air Pollutant Emission Notices are required for: each individual emission point in a nonattainment area with uncontrolled actual emissions of one ton per year or more of any individual criteria pollutant (pollutants are not summed) for which the area is nonattainment; each individual emission point in an attainment or attainment/maintenance area with uncontrolled actual emissions of two tons per year or more of any individual criteria pollutant (pollutants are not summed); each individual emission point with uncontrolled actual emissions of lead greater than one hundred pounds per year, regardless of where the source is located.

II.B.3.b. Non-criteria Reportable Pollutants For non criteria reportable pollutants, Air Pollutant Emission Notices are required for each individual emission point with uncontrolled actual emissions that exceed the de minimis levels as determined following the procedures set forth in Appendix A.

II.B.4. Source Grouping Grouping of multiple emission points on a single Air Pollutant Emission Notice shall be allowed as often as possible, provided the overall goals of receiving accurate and verifiable emissions information are not compromised. The following guidelines shall be used to delineate occasions when grouping can be allowed. These are intended to be used as guidelines only, and specific questions regarding grouping should be directed to the division.

Multiple pieces of equipment or processes from a single facility may be grouped or associated together and reported on one single Air Pollutant Emission Notice provided the individual sources of emissions meet the following guidelines: II.B.4.a. All of the aggregated sources have identical source classification codes and emission factors for criteria pollutants;

II.B.4.b. Each of the aggregated sources share a similar location within the facility; II.B.4.c. Similar sources regulated under the New Source Performance Standards (Regulation No. 6) and non-New Source Performance Standard sources should not be grouped;

II.B.4.d. None of the individual sources is required to monitor emissions through the use of continuous emission monitors;

II.B.4.e. Each of the individual emission points has fuel usage, production, and a consumption level, which are indistinguishable from the other points, which have been grouped on the Air Pollutant Emission Notice;

II.B.4.f. None of the individual sources grouped on the Air Pollutant Emission Notice has previously been issued its own separate emissions permit. The division maintains its authority to require individual separate Air Pollutant Emission Notices for any process or activity.

1. The division may allow a source to deviate from this emission point grouping criteria upon a showing that an alternative is reasonable and will not compromise the overall goals of receiving accurate and verifiable emissions information. II.B.5. Air Pollutant Emission Notices and revised Air Pollutant Emission Notices shall be based on calendar years (January through December).

II.B.6. The emissions noted on the current Air Pollutant Emission Notice on file with the division shall be used for emission fee calculations as described in section VI. of this Part A. II.C. Revised Air Pollutant Emission Notices II.C.1. A revised Air Pollutant Emission Notice shall be filed: II.C.1.a. Annually whenever a significant change (as defined in section II.C.2.) in annual actual emissions occurs; or II.C.1.b. Whenever there is a change in the owner or operator of any facility, process, or activity; or II.C.1.c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment (revised Air Pollutant Emission Notices are not required for routine maintenance, repair, or replacement of control equipment; or II.C.1.d. Whenever a permit limitation must be modified; or II.C.1.e. Before the Air Pollutant Emission Notice expires. II.C.1.f. A revised Air Pollutant Emission Notice is not required whenever the location of a portable facility, process, or activity is changed, however, the owner or operator of such source must file a relocation notice. Such notice shall be received by the division at least ten days prior to the change in location. Alternatively, the owner or operator of a portable source may request written approval from the division to report multiple relocations. Relocation forms are available at the division offices.

II.C.1.g. A revised Air Pollutant Emission Notice is not required for emergency or backup generators that are ancillary to the main units at electric utility facilities, and that have a permit under Parts C or D of Title I, or Title V of the Federal Act. II.C.1.h. A revised Air Pollutant Emission Notice is not required for emergency or backup generators for electric power generating facilities that are not ancillary to a main unit at an electric utility facility, and that have a permit containing limits on the physical or operational capacity of the source to emit a pollutant such that the source is not considered to be a major stationary source as defined in section II.A.25. of Part D of this Regulation No. 3. If an owner or operator of such a source chooses to file a revised Air Pollutant Emission Notice, the Air Pollutant Emission Notice shall list the average of the annual actual emissions for the preceding three years.

II.C.2. Significant change, for the purposes of this section means: II.C.2.a. For any non-criteria reportable pollutant if the emissions increase by fifty percent or five tons per year, whichever is less, above the level reported on the last Air Pollutant Emission Notice submitted to the division.

II.C.2.b. For criteria pollutants:

1. II.C.2.b.(i) For sources emitting less than one hundred tons per year, a change in annual actual emissions of five tons per year or more, above the level reported on the last Air Pollutant Emission Notice submitted to the division, of any such air pollutant; or II.C.2.b.(ii) For volatile organic compound and nitrogen oxides sources in ozone nonattainment areas emitting less than one hundred tons of volatile organic compound per year, a change in annual actual emissions of one ton per year or more or five percent, whichever is greater, above the level reported on the last Air Pollutant Emission Notice submitted to the division; or II.C.2.b.(iii) For sources emitting one hundred tons per year or more, a change in annual actual emissions of five percent or fifty tons per year or more, whichever is less, above the level reported on the last Air Pollutant Emission Notice submitted to the division, of any such air pollutant; or II.C.2.b.(iv) A change in annual actual emissions, above the level reported on the last Air Pollutant Emission Notice submitted to the division, of fifty pounds of lead.

II.C.3. Timeframe for Revised Air Pollutant Emission Notice submittals II.C.3.a. Revised Air Pollutant Emission Notices shall be submitted no later than within thirty days before the five-year term expires.

II.C.3.b. Owners or operators of sources that are required to obtain a permit revision must file a revised Air Pollutant Emission Notice along with a request for permit revision. A revised permit must be obtained before the change at the source occurs.

II.C.3.c. Sources submitting revised Air Pollutant Emission Notices to inform the division of a change in annual actual emission rates must do so by April 30 of the following year (e.g., a change in emissions in calendar year 1993 must be reported by April 30, 1994).

II.C.3.d. Air Pollutant Emission Notices for changes in control equipment must be submitted before the change occurs); except for control equipment at condensate storage tanks located at oil and gas exploration and production facilities subject to the requirements in Regulation No. 7, Section XII. For this control equipment, a revised APEN shall be filed once per year, as specified in Section II.C.3.c. of Part A, if any control equipment is added or if control equipment is relocated or removed.

II.D. Exemptions from Air Pollutant Emission Notice Requirements II.D.1. Notwithstanding the exemptions contained in section II.D.1., Air Pollutant Emission Notices must be filed for all emission units specifically identified in the applicability section of any subpart of Part A of Regulation No. 6 (New Source Performance Standards) and/or Regulation No. 8 (Hazardous Air Pollutants), Parts A,C,D, and E. However, Air Pollutant Emission Notices need not be filed for wet screening operations subject to Subpart OOO of the New Source Performance Standards if the exemption in section II.D.1.cccc. is applicable.

Stationary sources having emission units that are exempt from the requirement to file an Air Pollutant Emission Notice must nevertheless comply with all requirements that are otherwise applicable specifically to the exempted emission units, including, but not limited to: Title V, Prevention of Significant Deterioration, nonattainment New Source Review, opacity limitations, odor limitations, particulate matter limitations and volatile organic compounds controls.

An applicant may not omit any information regarding APEN exempt emission units in any permit application if such information is needed to determine the applicability of Title V (Part C of this Regulation No. 3), Prevention of Significant Deterioration (Section VI., Part D of this Regulation No. 3), or nonattainment New Source Review (Section V., Part D of this Regulation No. 3).

The following sources are exempt from the requirement to file Air Pollutant Emission Notices because by themselves, or cumulatively as a category, they are deemed to have a negligible impact on air quality.

II.D.1.a. Individual emission points in nonattainment areas having uncontrolled actual emissions of any criteria pollutant of less than one ton per year, and individual emission points in attainment or attainment/maintenance areas having uncontrolled actual emissions of any criteria pollutant of less than two tons per year, and each individual emission point with uncontrolled actual emissions of lead less than one hundred pounds per year, regardless of where the source is located.

II.D.1.b. Individual emission points of non criteria reportable pollutants having uncontrolled actual emissions less than the de minimis levels as determined following the procedures set forth in Appendix A.

II.D.1.c. Air conditioning or ventilating systems not designed to remove air pollutants generated by or released from other processes or equipment. II.D.1.d. Fireplaces used for recreational purposes, inside or outside. II.D.1.e. Fires and equipment used for noncommercial cooking of food for human consumption, or cooking of food for human consumption at commercial food service establishments, except for char broilers and wood fired equipment (but not including campfires) in PM10 nonattainment areas. Charbroiler shall mean a cooking device in a commercial food service establishment, either gas fired or using charcoal or other fuel, upon which grease drips down upon an open flame, charcoal or embers.

II.D.1.f. Safety flares used to indicate danger to the public. II.D.1.g. Agricultural operations such as farming, cultivating, harvesting, seasonal crop drying, grain handling operations that are below New Source Performance Standards de minimis levels (including milling and grain elevator operations), and animal feeding operations that are not housed commercial swine feeding facilities as defined in Regulation No. 2, Part B. This exemption does not apply to an agricultural operation that: (1) is a major source (as defined in section I.B.23. of this Part); (2) meets or exceeds the storage capacity thresholds of a federal New Source Performance Standard (Regulation No. 6, Part A); or (3) participates in the early reduction program of the Federal Act, section 112. Ancillary operations such as fueling stations located at farms or ranches are not exempt from Air Pollutant Emission Notice and permit requirements unless otherwise below the de minimis emission levels contained in this regulation, and are not exempt from other applicable regulation promulgated by the commission. II.D.1.h. Emissions from, or construction, or alteration of residential structures, including all buildings or other structures used primarily as a place of residence, and including home heating devices.

II.D.1.i. Laboratories and research & development facilities: II.D.1.i.(i) Noncommercial (in house) experimental and analytical laboratory equipment that is bench scale in nature including quality control/quality assurance laboratories, process support laboratories, environmental laboratories supporting a manufacturing or industrial facility, and research and development laboratories.

1. II.D.1.i.(ii) Research and development activities that are of a small pilot scale and that process less than ten thousand pounds of test material per year; II.D.1.i.(iii) Small pilot scale research and development projects less than six months in duration with controlled actual emissions less than five hundred pounds of any criteria pollutant or ten pounds of any non criteria reportable pollutant.

II.D.1.j. Disturbance of surface areas for purposes of land development, that do not exceed twenty-five contiguous acres and that do not exceed six months in duration. (This does not include mining operations or disturbance of contaminated soil).

II.D.1.k. Each individual piece of fuel burning equipment, other than smokehouse generators and internal combustion engines, that uses gaseous fuel, and that has a design rate less than or equal to five million British thermal units per hour. (See definition of fuel burning equipment, Common Provisions Regulation). II.D.1.l. Internal combustion engines powering portable drilling rigs. II.D.1.m. Petroleum industry flares, not associated with refineries, combusting natural gas containing no hydrogen sulfide except in trace (less than five hundred parts per million weight) amounts, approved by the Colorado Oil and Gas Conservation commission and having uncontrolled emissions of any pollutant of less than five tons per year.

II.D.1.n. Chemical storage tanks or containers that hold less than five hundred gallons, and that have an annual average daily throughput of less than twenty-five gallons.

II.D.1.o. Unpaved public and private roadways, except for haul roads located within a stationary source site boundary.

II.D.1.p. Sanding of streets and roads to abate traffic hazards caused by ice and snow. II.D.1.q. Open burning activities, except that all reporting and permitting requirements that apply to such operations must be followed (see Regulation No. 9). II.D.1.r. Brazing, soldering, or welding operations, except those that use lead based compounds. All welding that occurs strictly for maintenance purposes is exempt.

II.D.1.s. Street and parking lot striping.

II.D.1.t. Battery recharging areas.

II.D.1.u. Aerosol can usage.

II.D.1.v. Sawing operations, that is ancillary to facility operations, and is not part of the production process.

II.D.1.w. The process of demolition and re bricking of furnaces and kilns. This does not include subsequent operation of such furnaces or kilns. II.D.1.x. Road and lot paving operations at commercial and industrial facilities, except that asphalt and cement batch plants require Air Pollutant Emission Notices and permits, unless exempt under some other section.

II.D.1.y. Adhesive use that is not related to production. II.D.1.z. Fire training activities.

II.D.1.aa. Caulking operations that are not part of a production process. II.D.1.bb. Landscaping and site housekeeping devices equal to or less than ten horsepower in size (lawnmowers, trimmers, snow blowers, etc.). II.D.1.cc. Fugitive emissions from landscaping activities (e.g., weeding, sweeping). II.D.1.dd. Landscaping use of pesticides, fumigants, and herbicides. II.D.1.ee. Crude oil truck loading equipment at exploration and production sites where the loading rate does not exceed 10,000 gallons of crude oil per day averaged on an annual basis. Condensate truck loading equipment at exploration and production sites that splash fill less than 6750 barrels of condensate per year or that submerge fill less than 16308 barrels of condensate per year. Crude oil or condensate loading truck equipment at crude oil production sites where the loading rate does not exceed 10,000 gallons per day averaged over any thirty- day period.

II.D.1.ff. Emergency events such as accidental fires.

II.D.1.gg. Smoking rooms and areas.

II.D.1.hh. Plastic pipe welding.

II.D.1.ii. Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes.

II.D.1.jj. Beauty salons.

II.D.1.kk. Operations involving acetylene, butane, propane and other flame cutting torches.

II.D.1.ll. Pharmacies.

II.D.1.mm. Chemical storage areas where chemicals are stored in closed containers, and where total storage capacity does not exceed five thousand gallons. This exemption applies solely to storage of such chemicals. This exemption does not apply to transfer of chemicals from, to, or between such containers. II.D.1.nn. Architectural painting, roof coating material and associated surface preparation (except for sandblasting and except for volatile organic compound emissions, associated with surface preparation, above Air Pollutant Emission Notice de minimis levels) for maintenance purposes at industrial or commercial facilities. II.D.1.oo. Emissions that are not criteria (as defined in section I.B.16. of this Part) or non- criteria reportable pollutants (as defined in section I.B.28. of this Part) (These emissions include methane, ethane, and carbon dioxide). II.D.1.pp. Janitorial activities and products.

II.D.1.qq. Grounds keeping activities and products.

II.D.1.rr. Sources of odorous emissions that do not utilize emission control equipment for control of odorous emissions. This exemption applies to the odor emissions only. All other emissions are subject to other exemptions set forth in this regulation. This exemption does not exempt any source from the requirements of Regulation No. 2.

II.D.1.ss. Truck and car wash units.

II.D.1.tt. Office emissions, including cleaning, copying, and restrooms. II.D.1.uu. Oil production wastewater (produced water tanks), containing less than one percent by volume crude oil on an annual average, except for commercial facilities that accept oil production wastewater for processing. II.D.1.vv. Electrically operated curing ovens, drying ovens and similar activities, articles, equipment, or appurtenances. This exemption applies to the ovens only, and not to the items being dried in the ovens.

II.D.1.ww. Equipment used exclusively for portable steam cleaning. II.D.1.xx. Blast cleaning equipment using a suspension of abrasive in water and any exhaust system or collector serving them exclusively.

II.D.1.yy. Commercial laundries (except dry cleaners) that do not burn liquid or solid fuel. II.D.1.zz. Storage of butane, propane, or liquefied petroleum gas in a vessel with a capacity of less than sixty thousand gallons, provided the requirements of Regulation No. 7, section IV. are met, where applicable. II.D.1.aaa. Storage tanks of capacity less than forty thousand gallons of lubricating oils or used lubricating oils.

II.D.1.bbb. Venting of compressed natural gas, butane or propane gas cylinders, with a capacity of one gallon or less.

II.D.1.ccc. Fuel storage and dispensing equipment in ozone attainment areas operated solely for company owned vehicles where the daily fuel throughput is no more than four hundred gallons per day that is calculated as an annual average. Sources in the Denver 1-hour ozone attainment/maintenance area must utilize Stage 1 vapor recovery on all tanks greater than 550 gallons capacity, as required by Regulation No. 7, in order to take this exemption. II.D.1.ddd. Crude oil storage tanks with a capacity of 40,000 gallons or less. II.D.1.eee. Indirect sources are exempt until a permit regulation specific to indirect sources is promulgated by the commission.

II.D.1.fff. Storage tanks meeting all of the following criteria: II.D.1.fff.(i) Annual throughput is less than four hundred thousand gallons; and II.D.1.fff.(ii) The liquid stored is one of the following: II.D.1.fff.(ii)(A) Diesel fuels 1 D, 2 D, or 4 6;

1. II.D.1.fff.(ii)(B) Fuel oils #1 through #6;
   1. II.D.1.fff.(ii)(C) Gas turbine fuels 1 GT through 4 GT; II.D.1.fff.(ii)(D) oil/water mixtures with a vapor pressure equal to or lower than that of diesel fuel (Reid Vapor Pressure of 0.025 pounds per square inch absolute).

II.D.1.ggg. Each individual piece of fuel burning equipment that uses gaseous fuel, and that has a design rate less than or equal to ten million British thermal units per hour, and that is used solely for heating buildings for personal comfort. II.D.1.hhh. Natural gas vehicle fleet fueling facilities. II.D.1.iii. Electric motors driving equipment at non-commercial machining shops. II.D.1.jjj. Recreational swimming pools.

II.D.1.kkk. Forklifts.

II.D.1.lll. Oil and gas exploration and production operations (well site and associated equipment) shall provide written notice to the Colorado Oil and Gas Conservation commission of proposed drilling locations prior to commencement of such operations. Air Pollutant Emission Notices are not required until after exploration and/or production drilling, workovers, completions, and testing are finished.

1. If production will result in reportable emissions, the owner or operator shall file an Air Pollutant Emission Notice with the division within thirty days after the well completion or recompletion report and log is filed with the appropriate state or federal agency. If production will not occur, or production will not result in reportable emissions, the owner or operator shall submit written notice to the division indicating that the well was plugged, or that emissions are otherwise not reportable. If production will result in reportable emissions, the owner or operator shall file an Air Pollutant Emission Notice with the division within thirty days after the report of first production is filed with the appropriate state or federal agency but no later than ninety days following the first day of production. II.D.1.mmm. Handling equipment and associated activities for glass that is destined for recycling.

II.D.1.nnn. Fugitive emissions of hazardous air pollutants that are natural constituents of native soils and rock (not added or concentrated by chemical or mechanical processes) from under ground mines or surface mines unless such source is a major source of hazardous air pollutants under Part C of Regulation No. 3. II.D.1.ooo. The use of pesticides, fumigants, and herbicides when used in accordance with requirements established under the federal Insecticide, Fungicide and Rodenticide Act as established by the U.S. EPA (United States Code Title 7, Section 136 et seq.).

II.D.1.ppp. Ventilation of emissions from mobile sources operating within a tunnel, garage, or building.

II.D.1.qqq. Non-asbestos demolition.

II.D.1.rrr. Sandblast equipment when the blast media is recycled and the blasted material is collected, including small sandblast glove booths.

II.D.1.sss. Stationary Internal Combustion Engines that meet the following specifications:

1. II.D.1.sss.(i) Less than or equal to 175 horsepower that operate less than 1,450 hours per year; or II.D.1.sss.(ii) Greater than 175 horsepower and less than or equal to 300 horsepower that operate less than 850 hours per year; or II.D.1.sss.(iii) Greater than 300 horsepower and less than or equal to 750 horsepower that operate less than 340 hours per year.

II.D.1.ttt. Emergency power generators that:

1. II.D.1.ttt.(i) Have a rated horsepower of less than 260; or II.D.1.ttt.(ii) Operate no more than 250 hours per year and have a rated horsepower of less than 737; or II.D.1.ttt.(iii) Operate no more than 100 hours per year and have a rated horsepower of less than 1,840.

II.D.1.uuu. Surface water storage impoundment of not potable water and storm water evaporation ponds.

II.D.1.vvv. Non-potable water pipeline vents.

II.D.1.www. Steam vents and safety release valves.

II.D.1.xxx. Deaerator/vacuum pump exhausts.

II.D.1.yyy. Seal and lubricating oil systems for steam turbine electric generators. II.D.1.zzz. Venting of natural gas lines for safety purposes. II.D.1.aaaa. Chemical Storage Tanks II.D.1.aaaa.(i) Sulfuric acid storage tanks not to exceed ten thousand five hundred gallons capacity.

1. II.D.1.aaaa.(ii) Sodium hydroxide storage tanks.

II.D.1.bbbb. Containers, reservoirs, or tanks used exclusively for dipping operations that contain no organic solvents for coating objects with oils, waxes, greases, or natural or synthetic resins.

II.D.1.cccc. Wet screening operations notwithstanding the applicability of the New Source Performance Standards included in the Code of Federal Regulations, Title 40, Part 60, Subpart OOO.

II.D.1.dddd. Non-road engines as defined in section I.B.29. of this Part A, except certain non-road engines subject to state-only air pollutant emission notice and permitting requirements pursuant to section I.B.29.c. of this Part. II.D.1.eeee. Any condensate storage tank with a production rate of 730 barrels per year or less or condensate storage tanks that are manifold together with a production rate of 730 barrels per year or less that are owned and/or operated by the same person, and are located at exploration and production sites. II.D.1.eeee.(i) The need to file APENs for condensate storage tanks at operations located downstream of natural gas exploration and production facilities, but not including natural gas processing plants, shall be evaluated in light of a throughput limit to be established by the division based upon data acceptable to the division that the estimated emissions from such tanks (or manifold tanks) at the specified throughput is equal to or less than the appropriate APEN de minimis level set forth in Part A, section II.D.1.a. of this regulation No. 3. The throughput level may be established for either a particular company’s operations, and, if supported, for natural gas gathering operations generally. In the latter case, the division would establish the accepted APEN throughput level by policy.

II.D.1.ffff Air Curtain Destructors burning only yard waste, wood waste, and clean lumber, or any mixture thereof generated as a result of projects to reduce the risk of wildfire and are not located at a commercial or industrial facility. Air curtain incinerators that are considered incinerators as defined by the Common Provisions do not meet this exemption.

II.D.2. An Air Pollutant Emission Notice must be filed for all incinerators. II.D.3. Air Pollutant Emission Notices are required for emergency and backup generators that are ancillary to the main units at electric utility facilities however, these units may be included on the same Air Pollutant Emission Notice as the main unit. II.D.4. Any person may request the division to examine a particular source category or activity for exemption from Air Pollutant Emission Notice or permit requirements. II.D.4.a. Such requests shall be made separately from the permit application review procedure.

II.D.4.b. Such requests shall include documentation indicating that emissions from the source category or activity have a negligible impact on air quality and public health in Colorado, based on, but not limited to, the following criteria. II.D.4.b.(i) Emissions from the source or activity are below the Air Pollutant Emission Notice or permit emission de minimis levels set forth in this Regulation No. 3; or II.D.4.b.(ii) The existing division emission inventory is sufficient to indicate that the source or activity has a negligible impact; or II.D.4.b.(iii) For permit exemptions, criteria in sections II.D.4.b.(i) and/or II.D.4.b. (ii), above, are met, and the source or activity has no applicable requirement that applies to it, and the division finds that monitoring or record keeping are not necessary.

1. II.D.4.b.(iv) Exemptions shall not be granted for any source or activity that is subject to any federal applicable requirement. The division shall determine on a case-by-case basis if sources or activities subject to state only regulations may be granted an exemption.

II.D.4.c. None of the activities submitted as exemption requests to the division may be taken by a source until the commission has duly adopted the exemptions as revisions to this Regulation No. 3 and the U.S. EPA has approved the exemption requests.

II.D.5. Commercial (for hire) laboratories whose primary responsibilities are to perform qualitative or quantitative analysis on environmental, clinical, geological, forensic, or process samples may estimate emissions for purposes of Air Pollutant Emission Notice reporting based upon a mass balance calculation utilizing inventory and purchase records of solvents and reagents. Such laboratories may, at their discretion, group emission points if such grouping meets the grouping criteria outlined in this regulation. All inert samples are exempt from Air Pollutant Emission Notice reporting. Emissions from samples subjected to analysis provided to such laboratories for analysis and testing, and by- products that result from sample testing, are exempt from Air Pollutant Emission Notice reporting, provided such samples subjected to analysis are less than five gallons for liquids, or five pounds for solids.

II.D.6. Research and development activities that do not fall within the small scale exemption in section II.D.1.i. may estimate emissions for purposes of Air Pollutant Emission Notice reporting based upon either a mass balance calculation utilizing inventory and purchase records, or best engineering judgment. Such facilities may file an Air Pollutant Emission Notice or revised Air Pollutant Emission Notice on an annual basis by April 30 of the year following the project's conclusion for each project that is not exempt under section II.D.1.i., irrespective of section II.C., herein (revised Air Pollutant Emission Notice requirements), such Air Pollutant Emission Notices shall be filed on a per project basis and shall be based on controlled actual emissions.

III. ADMINISTRATIVE PERMIT AMENDMENT PROCEDURES III.A. An application for an administrative permit amendment shall be prepared on forms supplied by the division.

III.B. Within sixty calendar days after receipt of a complete application for an administrative permit amendment the division shall issue its final determination on such application in accordance with the following:

III.B.1. Deny the application for an administrative permit amendment; or III.B.2. Grant the application and incorporate any such changes into the permit providing such permit revisions are made pursuant to this Part A, section III. III.C. A source may implement the changes addressed in the application for an administrative amendment immediately upon submittal of request, subject to the final determination of the division.

III.D. As required under the Federal Act, the division shall transmit to the Administrator a copy of each revised permit made pursuant to an administrative permit amendment under this provision. III.E. No public notice or review by affected states shall be necessary for permit revisions made pursuant to administrative amendment procedures.

III.F. Administrative permit amendments for purposes of the acid rain portion of a permit shall be governed by regulations promulgated under Title IV of the Federal Act, found at Code of Federal Regulations Title 40, Part 72.

IV. OPERATIONAL FLEXIBILITY IV.A. Alternative operating scenarios No permit revision is required for reasonably anticipated operating scenarios identified by the source in its application for a permit and approved by the division, provided the permit contains terms and conditions that:

IV.A.1. Require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating;

IV.A.2. Ensure that the terms and conditions of each such alternative scenario meet all applicable requirements of the state and Federal Act.

IV.A.3. Extend the permit shield to all operating permit terms and conditions under each such operating scenario.

IV.B. Trading based on the permit If allowed by the applicable state implementation plan, no permit revision shall be required under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes in emissions that are provided for in the permit. The permit applicant must request such provisions to be included in its permit, and if approved by the division, the permit shall contain terms and conditions that: IV.B.1. For operating permits, include all terms required under section V.C. of Part C; IV.B.2. Ensure that changes resulting from such increases and decreases in emissions meet all applicable requirements under the state and Federal Acts; IV.B.3. Extend the permit shield to all operating permit terms and conditions that allow such increases and decreases in emissions.

IV.C. Emissions trading under permit caps No permit revision shall be required where an applicant requests, and the division approves such request, for a permit containing terms and conditions allowing for the trading of emissions increases and decreases in the permitted facility. Procedures for such changes are: IV.C.1. For operating permits, the permit shall contain terms and conditions required pursuant to section V.C. of Part C;

IV.C.2. The permit applicant shall include in its application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable; IV.C.3. Any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades shall not be included in this provision allowing emissions trading without permit revision; IV.C.4. The source shall comply with all other applicable requirements. IV.C.5. The source shall provide a minimum of seven days written notification in advance of the proposed changes to the division and to the Administrator. The notice must be received by the division no later than seven days in advance of the proposed changes. The source and the division shall attach each such notice to their copy of the relevant permit. The notice shall contain:

IV.C.5.a. When the change will occur;

IV.C.5.b. A description of the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit;

IV.C.5.c. The permit shield shall extend to all operating permit terms and conditions that allow such increases and decreases in emissions.

IV.C.6. A source shall be allowed to make such change proposed in its notice on the day following the last day of the advance notice described in section IV.C.5. above, if the division has not responded nor objected to such changes on or before that day.

V. Certification And Trading Of Emission Reduction Credits Offset And Netting Transactions V.A. Purpose This section establishes procedures for the recording of certified emissions reductions and for their use in emission credit transactions. These procedures are intended to: V.A.1. Promote economic development and lower the cost of meeting pollution control requirements while assuring ambient air quality progress and continued air quality maintenance; and V.A.2. Encourage development of innovative pollution control methods and technologies. V.B. Scope This section applies to any pollutant regulated under the Colorado Air Quality Control Act or the regulations promulgated there under in all attainment, attainment/maintenance, and nonattainment areas of the state. This section does not apply to emissions trading under permit caps in section IV.C. of Part A.

V.C. Definitions V.C.1. Alternative compliance methods means the use of emissions reductions credits to meet emissions control requirements in lieu of an applicable control technique guidance method or reasonably available control technology.

V.C.2. Bubble lets existing sources (or groups of sources) increase emissions at one operation in exchange for compensating extra decreases in emissions at another operation. The net result must be equivalent to or better than would have been accomplished using conventional source specific controls.

V.C.3. Certified emissions reduction means a reduction in emissions below the baseline, that has been certified by the division in accordance with the criteria of section V.E., and that may then be used in an emission credit transaction.

V.C.4. Criteria pollutant means an air pollutant for which a National Ambient Air Quality Standard has been promulgated.

V.C.5. Emission credit transaction means the use of certified emission reduction credits in a bubble, netting or offset transaction or as an alternative compliance method. V.C.6. Major stationary source means major stationary source as defined in section II.A.25. of Part D of this regulation.

V.C.7. Net emissions increase means net emissions increase as defined in section II.A.27. of Part D of this regulation.

V.C.8. Netting is designed to exempt modifications of existing major stationary sources from new source review requirements if the resultant impact does not exceed any of the significant values found in the definition of significant in section II.A.44. of Part D of this regulation. V.C.9. Non-inventoried source means any source that has not been recorded on the division's emission inventory system.

V.C.10. Offset means a transaction in which a certified emissions reduction is used either to avoid causing a violation of an increment in an attainment or attainment/maintenance area, to meet the requirements of section V.A.3. of Part D of this regulation, regarding the maintenance of reasonable further progress towards attainment of the National Ambient Air Quality Standards in nonattainment areas, or to avoid contributing to visibility or other air quality related values impairment in a Class I area. V.C.11. Registry means the division's record of the certification and use of emissions reductions. V.C.12. Significant means significant as defined in section II.A.44. of Part D of this regulation. V.C.13. Surplus means emission reductions not required by current regulations, relied on for state implementation plan planning purposes, and not used to meet any other regulatory requirement.

V.C.14. Open Dust means solid or other air borne particulate matter (excluding particulates produced directly during combustion) resulting from natural forces or from surface use or disturbance, including, but not limited to, all dust from agriculture, construction, forestry, unpaved roads, mining, exploration, or similar activities in which earth is either moved, stored, transported or redistributed.

V.C.15. Baseline emissions are equal to the product of the: V.C.15.a. Emission Rate (ER), specified in terms of mass emission per unit of production or throughput (e.g., pounds sulfur dioxide per million British thermal units or pounds of volatile organic compounds per weight of solids applied); V.C.15.b. Average hourly capacity utilization (CU) e.g., millions of British thermal units per hour or weight of solids applied per hour; and V.C.15.c. Number of hours of operation (H) during the relevant time period i.e., baseline emissions = ER x CU x H. Net baseline emissions for a bubble are the sum of the baseline emissions of all sources involved in the trade. V.D. Procedure for Certification of Emissions Reductions and Approval of Transactions V.D.1. The owner or operator of a source may request the division to certify any emissions reduction anticipated to occur after the effective date of this section, provided the owner or operator files his application prior to the occurrence of the reduction, at a time at which the source is emitting the baseline emissions of the subject pollutant. Sources that shutdown prior to the application to bank or trade have zero emissions, and therefore no credit is available.

V.D.2. Upon receiving an application for certification, the division may require the applicant to submit all data and calculations necessary to verify the baseline emissions or the reduction of emissions below the base level including, but not limited to, documentation of operating hours and inputs. The division may also require the applicant to perform source tests to establish the baseline emissions or the reduction of emissions below the baseline emissions. The division shall not certify reductions anticipated to occur after the effective date of this regulation until the reductions have occurred and been verified. V.D.3. The division shall maintain an emissions reduction registry, in which it shall maintain a record of all certified emissions reductions, and of the use of certified emissions reductions in emission credit transactions. The information contained in such registry shall include the name and address of the owner or operator of the source creating the emissions reduction, the location of the source, its stack parameters, the temperature and velocity of its plume, particle size, the existence of any hazardous pollutants, daily and seasonal emission rates, and any other data that might reasonably be necessary to evaluate future use.

V.D.4. If the division determines that certification should be granted it shall modify the permit of the applicant to provide that the allowable emissions are equal to the level of current emissions utilized in the calculation of the emissions reduction. The owner or operator of a source not required to obtain a permit by provisions of law other than this section shall be required to apply for and accept a permit as a condition of obtaining a certified emissions reduction. Such permits shall contain only those conditions necessary to ensure the enforcement of the emissions limitations applicable to the source as a result of certification of its emissions reduction.

V.D.5. The amount of the emissions reduction to be certified and entered in the registry shall be calculated as follows:

V.D.5.a. For any emissions reduction that has occurred in an attainment or attainment/maintenance area, the amount of the certified emissions reduction shall be 90 percent of the amount by which emissions have been reduced below the baseline emissions.

V.D.5.b. For any emissions reduction that has occurred in a nonattainment area, the amount of the certified emission reduction shall be 80 percent of the amount by which emissions have been reduced below the baseline emissions. V.D.5.c. For bubbles in nonattainment areas that need, but lack, approved demonstrations of attainment, i.e., areas with unapproved state implementation plans, a greater discount may be taken. This discount will be based on the area's total baseline emissions, the target emissions for attainment, the emissions for the projected attainment year and the reductions needed to achieve attainment. These values are dynamic and so the discount value may change from year to year but will never be less than 20 percent. These transactions will require a state implementation plan revision. V.D.6. An application may be filed for approval of the use of a certified emissions reduction in an emissions credit transaction simultaneously with the filing of a certification application, or within seven years after certification has been granted. If the transaction would require the modification of permits held by more than one person, the application shall be jointly submitted by all potentially affected permittees. The commission shall determine whether to approve all bubble and alternative compliance method transactions, or any offset transactions that, pursuant to section V.H., require a state implementation plan revision. The division shall determine whether to approve all netting transactions, or any offset transactions for which no state implementation plan revision is required. The commission may approve the use of a certified emissions reduction credit as an alternative compliance method in lieu of a specified control technique guidance method or reasonable available control technology.

V.D.7. Applications for certification of emissions reductions and approval of transactions shall be made on forms provided by the division. Any source applying for approval of an alternative compliance method transaction shall submit to the division a construction permit application in accordance with Regulation No. 3, Part B, section III. for the construction or modification, reflecting the source and proposed use of the emissions credit. The application shall contain information sufficient to demonstrate that the criteria set forth in section V.F. of this Part A are met as well as the criteria for approval of the state implementation plan revision. The division shall review the application and prepare its preliminary analysis in accordance with Regulation No. 3, Part B, section III.B. The source requesting approval for the transaction and the state implementation plan revision should be granted, and shall provide with its petition, a copy of the preliminary analysis of the division. The division shall not grant initial approval of any such application until the commission has approved the transaction, the source has met the conditions placed on the transaction by the commission, and the requirements of all other applicable regulations are met.

V.D.8. Where the owner or operator of a source requests a state implementation plan revision pursuant to this section V., the commission shall set a hearing on the proposed revision to be held in accordance with the procedures set forth in Colorado Revised Statutes section 25-7-119. With respect to applications for certification of emissions reductions, or for approval of any netting transactions, or offset transactions within the division's jurisdiction under section V.H.2., the same time limitations for emission permits as found in Part B section III.B. of this regulation shall apply. V.D.9. Applicants for certification of an emissions reduction, or for approval of any emission credit transaction, shall be assessed fees for time spent by division personnel in evaluating such applications in accord with the criteria for assessment of emissions permit fees set forth in section VI.C. of this Part A. Where more than one person applies for approval of a transaction, all such persons shall be jointly liable for the fees assessed. Applicants shall be responsible for paying such fees regardless of whether the division approves or denies an application. The costs of division review of any emissions modeling or other information necessary for the division to formulate recommendations to the commission regarding any proposed emission credit transaction shall be included in the costs attributed to the permit application for the source(s) seeking approval of the transaction and shall be paid by the source regardless of whether the emission credit transaction is approved.

V.D.10. The state shall not utilize a certified emissions reduction in making demonstrations of attainment, or reasonable further progress toward attainment of the National Ambient Air Quality Standards, within seven years after the date of certification, or at any time after an application for use of the certified emissions reduction in a transaction has been approved. Where no application has been filed for the approval of the use of a certified emissions reduction within seven years after certification was granted, the state shall subsequently utilize the reduction in making demonstrations of attainment, or reasonable further progress towards attainment of the National Ambient Air Quality Standards. This seven-year period shall be tolled during any time in that there is a pending application before the division or the commission for approval of a bubble, netting, or offset transaction based on the certified emissions reduction. V.D.11. Applications for approval of transactions involving PM10 (fine particulates for Prevention of Significant Deterioration increment consumption), sulfur dioxide, carbon monoxide, lead, and oxides of nitrogen (where visibility impacts are of concern), shall be subject to the following ambient air quality modeling requirements: V.D.11.a. De minimis: In general modeling is not required to determine the ambient equivalence of trades in which applicable net baseline emissions do not increase and in that the sum of the emissions increases, looking only at the increasing sources, 15 tons per year for PM10, 40 tons per year for sulfur dioxide, 100 tons per year for carbon monoxide, 40 tons per year for nitrogen oxide (where visibility impacts are of concern), or 0.6 tons per year for lead, after applicable control requirements. For purposes of Prevention of Significant Deterioration any increase in PM10 should be modeled.

V.D.11.b. Level 1: In general, modeling to determine ambient equivalence is not required if:

1. V.D.11.b.(i) The trade does not result in an increase in applicable net baseline emissions;
   1. V.D.11.b.(ii) The relevant sources are located in the same immediate vicinity (within 250 meters) of each other;

      V.D.11.b.(iii) An increase in baseline emissions does not occur at the source with the lower effective plume height, as determined under the U.S. EPA approved and division accepted guidelines, as interpreted in the Code of Federal Regulations Title 40, Subpart 52.343.

      V.D.11.b.(iv) No complex terrain is within the area of significant impact (see Figure 1) of the trade or 50 kilometers, whichever is less; V.D.11.b.(v) Stacks with increasing baseline emissions are sufficiently tall to avoid possible downwash situations, as determined by good engineering practice;

      V.D.11.b.(vi) The trade does not involve open dust sources. V.D.11.c. Level II: Bubble trades that are neither De minimis nor Level I may nevertheless be evaluated for approval based on modeling to determine ambient equivalence limited solely to the impacts of the specific emission sources involved in the trade, if:

      V.D.11.c.(i) There is no increase in applicable net baseline emissions; V.D.11.c.(ii) If the potential change in emissions before and after the trade will not cause a significant increase in pollutant concentrations at any receptor for an averaging time specified in an applicable ambient air quality standard; and V.D.11.c.(iii) Such an analysis does not predict any increase in ambient concentrations in a Class I or Category I area. However, a bubble will not be approved under Level II where evidence clearly indicates the bubble would create a new violation of an ambient standard or Prevention of Significant Deterioration increment or would delay the planned removal of an existing violation. The change in concentration from the before-trade case to the after-trade case must, in general, be modeled using refined models for each appropriate averaging time for the relevant national ambient air quality standards for each receptor, using the most recent full year of meteorological data. Other techniques may be approved where sources show they equally well protect national ambient air quality standards, applicable Prevention of Significant Deterioration increments, and visibility. For example, in limited circumstances conservative screening models may be acceptable in lieu of refined models. In such cases, use of a full year of meteorological data may not be necessary. Such screening models may be acceptable where: (A) the screening model shows that all the emissions from the stack(s) with increasing emissions would not produce exceedances of the Level II significance values; (B) the stack parameters at the stack(s) with increasing emissions do not change; and (C) the screening model shows that the increase in emissions at the increasing stack(s) would not produce exceedances of these significant values. In determining significant impact for Level II bubble trades, the division will use the following significance values to identify trades whose potential ambient impact need not be further evaluated before approval: 8-micrograms/ cubic meter (µg/m3) for any twenty-four hour period for PM10;

      1. 4-micrograms/ cubic meter (µg/m3) for any annual arithmetic mean for PM10;
         1. 13-micrograms/cubic meter (µg/m3) for any twenty-four hour period for sulfur dioxide;

            46-micrograms/cubic meter (µg/m3) for any three-hour period for sulfur dioxide;

            3-micrograms/ cubic meter (µg/m3) for any annual period for sulfur dioxide;

            575-micrograms/cubic meter (µg/m3) for any eight-hour period for carbon monoxide;

            2,300-micrograms/ cubic meter (µg/m3) for any one- hour period for carbon monoxide;

         2. 0.1 micrograms /cubic meter (µg/m3) for any three-month period for

            lead. Except that:

            V.D.11.c.(iii)(A) For offset transactions, significant impact shall be determined by the values found in the table of significant values in section VI.D.2. of Part D of this regulation.

            V.D.11.c.(iii)(B) Only process fugitive emissions vented through stacks may be approved in a Level II analysis.

            V.D.11.c.(iii)(C) Trades involving open dust sources may not be approved in a Level II analysis.

            V.D.11.c.(iii)(D) Trades involving complex terrain cannot be approved with a Level II analysis.

V.D.11.d. LEVEL III full dispersion modeling considering all sources affecting the trade's area of impact is required to determine ambient equivalence if applicable net baseline emissions will increase as a result of the trade, or if the trade cannot meet criteria for approval under De Minimis, Level I or Level II. V.D.11.e. Approved Models:

1. Modeling: Only U.S. EPA-approved models may be used in banking transactions. Use of non-guideline models will be allowed once they have been approved according to the requirements of section VIII.A.1. of Part A of this regulation.

V.D.12. Following the certification of an emissions reduction, if the division determines that certification was granted on the basis of fraud or material misstatement or omission, the division shall revoke certification of the reduction. Certification shall be revoked only after the owners or operators of the affected sources have received notice and, if requested, a hearing has been conducted. In such cases the division shall also modify the permit of the source that has used the emissions reduction, so that the permit will contain all conditions that would have applied if the emissions reduction had not been certified initially.

V.E. Criteria for Certification of Emissions Reductions An emissions reduction shall be certified for use in an emission credit transaction, provided it meets the following criteria:

V.E.1. The emissions reduction shall be surplus. Surplus reductions are those below the baseline emissions. The baseline emissions shall be determined as follows: V.E.1.a. In attainment and attainment/maintenance areas, the baseline emissions shall be a source's actual emissions of the subject pollutant, or allowable emissions whichever is lower, for the three baseline factors. Reasonably Available Control Technology shall be as set forth in the State implementation plan for the source. Where Reasonably Available Control Technology has not been determined in the state implementation plan for the source, it shall be determined by the division. V.E.1.b. In nonattainment areas for which there is a demonstration of attainment of the National Ambient Air Quality Standards approved by the U.S. EPA the baseline emissions shall be actual emissions, provided, however, the baseline emissions shall not exceed reasonably available control technology as defined in the state implementation plan or the level of emissions used by the state in making a demonstration of attainment.

V.E.1.c. In nonattainment areas for which there is not a demonstration of attainment of National Ambient Air Quality Standards approved by the U.S. EPA, the baseline emissions shall be the lower of: 1) the actual emissions, 2) allowable emissions under the state implementation plan or 3) allowable emissions if the source is subject to Reasonably Available Control Technology.

V.E.1.d. Emission rate, capacity utilization and hours of operation must be used to compute pre-trade and post-trade emission levels. Baseline must be established on an annual basis and for all other averaging periods consistent with the relevant National Ambient Air Quality Standards and Prevention of Significant Deterioration increments.

V.E.2. No emissions reduction shall be certified if the division has relied upon the occurrence of the reduction in demonstrating attainment of the National Ambient Air Quality Standards or reasonable further progress towards attainment, or in establishing a baseline concentration.

V.E.3. Each certified reduction of a pollutant's emissions shall be quantified in the same unit of measurement used in the standard or regulation applicable to the pollutant. V.E.4. In attainment and attainment/maintenance areas, reductions at major stationary sources that commenced construction after January 1, 1975 may be able to qualify for credit whether such reductions occurred before or after the Prevention of Significant Deterioration baseline triggering date. Other emission reductions (e.g., at minor sources) cannot qualify for credit where the Prevention of Significant Deterioration baseline date is or has been triggered and such reductions occurred prior to the trigger date, unless these reductions are not assumed in the Prevention of Significant Deterioration baselines. Since banked emission reduction credits must be considered to be "In the Air” for all planning purposes, if the baseline date is triggered before banked credits are actually used, such banked credits will be considered as part of the baseline and will not consume increment when used in an emissions trade. In attainment and attainment/maintenance areas where the Prevention of Significant Deterioration baseline has not been triggered as of the date the permitting authority takes relevant final action on the trading transaction, reductions below current state implementation plan or permit limits generally may be used without special restrictions in bubble or banking transactions, provided they are otherwise creditable and there is assurance that National Ambient Air Quality Standards will not be violated due to any potential increase in actual emissions. However, reductions at sources other than major stationary sources on which construction commenced before January 1, 1975 may not be used to balance increases at such pre 1975 major sources. V.E.5. Emission reductions achieved by shutting down an existing source or curtailing production or operating hours below baseline levels may be generally credited if such reductions are permanent, quantifiable, and federally enforceable, and if the area has an U.S. EPA- approved attainment plan. In addition, the shutdown or curtailment is creditable only if it occurred on or after the date specified for this purpose in the plan, and if such date is on or after the date of the most recent emissions inventory used in the plan's demonstration of attainment. Where the plan does not specify a cutoff date for shutdown credits, the date of the most recent emissions inventory or attainment demonstration, as the case may be, shall apply. However, in no event may credit be given for shutdowns that occurred prior to August 7, 1977. For purposes of this section a permitting authority may choose to consider a prior shutdown or curtailment to have occurred after the date of its most recent emissions inventory, if the inventory explicitly includes as current existing emissions the emissions from such previously shutdown or curtailed sources. V.E.5.a. Such reductions may be credited in the absence of an approved attainment demonstration only if the shutdown or curtailment occurred on or after the date the new source permit application is filed, or, if the applicant can establish that the proposed new source is a replacement for the shutdown or curtailed source, and the cutoff date provisions of section A, above, are met. V.E.6. No emission reduction credits are allowed from mobile sources unless those sources are subject to ambient impact and new source review permitting. V.E.7. Reductions down to compliance levels may not qualify for emission reduction credit. V.E.8. If an existing source commits to switch to a cleaner fuel at some future date, emission reduction credit is allowable only if a permit is conditioned to require use of a specified alternative control measure that would achieve the same degree of emission reduction should the source switch back to a dirtier fuel at some later date. The division will ensure that adequate long-term supplies of the new fuel are available before granting the reduction credit.

V.E.9. Emission reductions otherwise required by the Federal Act shall not be creditable as emission reductions. Incidental emission reductions that are not otherwise required by the Federal Act are creditable as emission reductions if such emission reductions meet the requirements of section V. of Part D of this regulation, if applicable and this section V. V.E.10. The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset in accordance with section 173 of the Federal Act shall be determined by summing the difference between the allowable emissions (as defined in section I.B.7. of this Part) after the modification and the actual emissions (as defined in section II.A.1. of Part D) before the modification for each emissions unit. V.F. Criteria for Approval of all Transactions The use of an emissions reduction in an emission credit transaction shall be approved only if it meets the following criteria:

V.F.1. The transaction shall involve like pollutants. For toxic or volatile organic compound pollutants, the trade should involve the same degrees of toxicity or photochemical reactivity or else a greater reduction may be required. New or modified major sources of a PM10 precursor can only obtain offsets from emissions reductions in that same PM10 precursor or in PM10. New or modified major sources of PM10 can only obtain offsets from emissions reductions in PM10. The offsets must be greater than one for one and represent a net air quality benefit in the area the source is proposing to locate or modify. (See exception in section V.H.8.)

V.F.2. No transaction shall be approved if it will result in an increased concentration, at the point of maximum impact, of hazardous air pollutants.

V.F.3. Where a significant fraction of a criteria pollutant stream has been listed as hazardous by the commission under Regulation No. 8 or the U.S. EPA under United States Code, Title 42, Section 7412 but has not yet been regulated, emissions containing that pollutant from sources within two hundred and fifty meters of each other may only be traded against each other on a greater than one for one basis that assures a net decrease in emissions of the hazardous pollutant.

V.F.4. Hazardous and non-hazardous emissions of the same criteria pollutant may be traded against each other, provided the total emissions containing the hazardous pollutant from the sources involved in the transaction are required to decrease as a result of the transaction.

V.F.5. No transaction may be approved that is inconsistent with any standard established by the Federal Act, the state Act or the regulations promulgated under either, or to circumvent New Source Performance Standards requirements or Best Available Control Technology although the commission may approve a transaction using a certified emissions reduction credit in lieu of a specified control technique guidance method or reasonably available control technology.

V.F.6. No transaction shall be approved unless either:

V.F.6.a. The source at which the emissions reduction occurred and the source using the emissions reductions are in the same nonattainment area or Prevention of Significant Deterioration baseline area; or V.F.6.b. The emissions reduction is to be used as an offset to meet the requirements of section V.A.3. of Part D of this regulation, and the conditions of that section are met for the use of an offset obtained from a source outside the nonattainment area.

V.F.7. Emission reduction credits may not be used to meet applicable technology based requirements for new sources such as New Source Performance Standards, Best Available Control Technology, or Lowest Achievable Emission Rate, although the commission may approve a transaction using a certified emissions reduction credit in lieu of a specified control technique guidance method or reasonably available control technology.

V.F.8. Trades Involving Open Dust: Sources of particulate emissions may be approved through case by case state implementation plan revisions based on modeled demonstrations of ambient equivalence. Sources proposing such trades must commit, as part of the trade's approval, to:

V.F.8.a. Undertake a post approval monitoring program to evaluate the impact of their control efforts, and V.F.8.b. Make further enforceable reductions if post trade monitoring indicates initial open dust controls do not produce the predicted air quality results. V.F.9. The federal land manager must be notified if an emissions trade will take place within one hundred kilometers of a Prevention of Significant Deterioration Class I area. Notification must occur early enough in the review process to allow at least thirty days for the submittal of comments before the trade will be approved by the reviewing authority. Where a bubble within fifty kilometers of a Prevention of Significant Deterioration Class I area is submitted as a case-by-case state implementation plan revision, the division may call for additional technical support, beyond the applicable requirements of the modeling screen if deemed necessary to protect air quality in the Class I area. V.F.10. Effect on Trades of Subsequently-Discovered Clean Air Act Problems: Revisitation Considerations - If ambient violations are discovered in an area where the division has approved a trade, or if other violations of the act are discovered in that area, sources in the trade should be aware that they are potentially subject to requirements for additional emission reductions, just as are all other sources in the area. V.F.11. For volatile organic compound and nitrogen oxide trades, pound for pound trades will be considered equal in ambient effect where all sources involved in the trade are in the same control strategy demonstration area (nonattainment area) or if outside that area are sufficiently close to show an equal effect.

V.F.12. For volatile organic compound trades involving surface coating, the emissions must be calculated on a solids applied basis and should specify the maximum time period over which the emissions may be averaged, not to exceed twenty-four hours. V.F.13. The following trades require a state implementation plan revision: V.F.13.a. PM10, sulfur dioxide, carbon monoxide or lead trades requiring full-scale dispersion modeling under Level III;

V.F.13.b. PM10, sulfur dioxide, carbon monoxide or lead trades where complex terrain is within the area of the source's significant impact or fifty kilometers, whichever is less, unless the trade does not result in a modification of effective stack heights and the trade otherwise qualifies as De minimis or Level I. The area of significant impact can be determined from Figure 1;

V.F.13.c. Open Dust Trades;

V.F.13.d. Level II trades involving process fugitive PM10, sulfur dioxide , carbon monoxide or lead emissions not discharged through stacks; V.F.13.e. Trades involving Emission Reduction Credits from mobile sources (see section V.E.7.);

V.F.13.f. Trades involving sources that are subject of a notice of violation (NOV), noncompliance penalty action or the filing of a judicial complaint; V.F.13.g. Interstate trades;

V.F.13.h. Volatile organic compound trades with averaging times longer than twenty-four hours;

V.F.13.i. Trades involving work practice and equipment standards; V.F.13.j. Trades involving negotiated Reasonably Available Control Technology baselines;

V.F.13.k. Trades affecting areas that need but lack approved demonstrations of attainment.

V.F.13.l. Emission credit transactions used as an alternative compliance method. V.F.14. No emission credit transaction shall be approved unless the terms of the transaction are incorporated in permits applicable to the originating (as applicable) and receiving emissions sources.

V.F.15. Emission credit transactions that require a state implementation plan revision shall be considered by the commission on a case-by-case basis. The source requesting approval of the transaction has the burden of demonstrating that all the criteria of this section V.F., are met and of demonstrating that all applicable requirements for approval of the state implementation plan revision has been met.

V.G. Bubble Transactions V.G.1. An owner or operator of an existing source may apply to the commission for approval of a state implementation plan revision establishing a bubble. The bubble shall establish new emissions limitations for two or more facilities or operations within the source. V.G.2. The commission shall not approve a bubble unless it meets the criteria for approval of section V.F., and the division has first certified an emissions reduction at a facility or operation included in the bubble.

V.G.3. As part of the certification process, the amount of allowable emissions shall be reduced at the facility or operation where the emissions reduction has occurred in accord with section V.D.5. As part of the bubble approval, the commission may approve an increase in the total allowable emissions at the other facilities or operations covered by the bubble, by an amount not to exceed the amount of the subject certified emissions reduction. V.G.4. As part of the bubble approval, the commission may extend compliance deadlines otherwise required by commission regulations for volatile organic compounds or carbon monoxide emissions, provided the following criteria are met: V.G.4.a. The applicant must demonstrate to the satisfaction of the commission that reasonable further progress toward the attainment of the National Ambient Air Quality Standards under the state implementation plan shall be maintained either by:

1. V.G.4.a.(i) Achievement of emissions reductions earlier than otherwise required by certain facilities or operations covered by the bubble; or V.G.4.a.(ii) Temporary use of a certified emissions reduction to assure reasonable further progress toward attainment of the National Ambient Air Quality Standards.

V.G.5. If subsequent to the approval of a bubble, the commission promulgates new regulations or amends existing regulations applicable to a source for which the bubble has been approved, the source shall be required to meet the new or amended regulations, irrespective of the bubble, by either further reducing emissions or using certified emissions reductions as offsets.

V.G.6. Bubble applications in areas that require but lack approved demonstrations of attainment, i.e., non approved state implementation plans, must be accompanied by assurances of consistency with ambient progress and air quality planning goals specified below: V.G.6.a. The resulting emission limits comply with the reduction requirements of section V.D.5.c., and the baseline requirements of section V.E.; V.G.6.b. The bubble emission limits will be included in any new state implementation plan and associated control strategy demonstration;

V.G.6.c. The bubble will not constrain the division's ability to obtain any additional emission reductions needed to expeditiously attain and maintain ambient air quality standards;

V.G.6.d. The division is making reasonable efforts to develop a complete approvable state implementation plan and intends to adhere to the schedule for such development (including dates for completion of emission inventory and subsequent increments of progress) stated in or with the letter formally submitting the bubble.

V.G.7. Bubbles should not increase applicable net baseline emissions. Ordinarily, bubbles may not result in an increase in applicable net baseline emissions. Such a bubble would require a case-by-case state implementation plan revision, and may only be approved based upon a combined Level III and Level II modeling analysis (i.e., an analysis sufficient to show that all applicable requirements of a full Level III analysis are met, and that the bubble would not result in any exceedance of significance values specified for a Level II analysis at any receptor for any averaging time specified in an applicable ambient air quality standard).

V.G.8. Bubbles should not increase emissions of hazardous or toxic air pollutants. V.H. Offset Transactions V.H.1. The owner or operator of a source at which an emissions reduction has occurred, and the owner or operator of another source who wishes to use the emissions reduction as an offset, may apply for approval of an offset transaction. In such transactions certified emissions reductions may be applied to avoid causing a violation of an increment in an attainment or attainment/maintenance area, or to meet the requirements of section V.A.3. of Part D of this regulation. A certified emissions reduction may not be used as an offset for the purpose of complying with an existing applicable emissions control regulation, except for Reasonably Available Control Technology. V.H.2. The division shall determine whether to approve an offset transaction in the following cases:

V.H.2.a. Where the source using the emissions reduction would be allowed to increase emissions by less than one hundred tons per year.

V.H.2.b. Where the transaction involves volatile organic compounds or oxides of nitrogen emissions.

V.H.2.c. Where the transaction involves sulfur dioxide, PM10 or carbon monoxide emissions, and all sources involved in the transaction are within two hundred and fifty meters of one another.

V.H.3. Any proposed offset transaction, other than those referred to in section V.H.2., shall be treated as a request to the commission for a state implementation plan revision. V.H.4. Sources of PM10 precursors, sulfur dioxide, nitrogen oxide and carbon monoxide must seek offsets within reasonably close proximity. Sources of nitrogen oxide and volatile organic compounds may seek offsets over a greater area. However, for widely dispersed and volatile organic compound trades, a higher offset may be required. V.H.5. If the applicant has used his best efforts in seeking the required emission offsets but was unsuccessful, the source may petition for use of some portion of growth allowance. The petition must state the emission increase will not interfere with Reasonably Further Progress and the petitioner is willing to enter into an enforceable program to provide the required emission offset at some future time.

V.H.6. In the absence of an approved attainment demonstration, banked Emission Reduction Credits from shutdowns or curtailments may be used for offsets only if the criteria stated in section V.E.5.b. of Part A of this regulation are met. V.H.7. In nonattainment areas with approved demonstrations, banked Emission Reduction Credits may be used for offsets in any trade provided the criteria stated in section V.E.5.a. of Part A of this Regulation are met.

V.H.8. Interpollutant offsets (other than those offsets discussed above) may be approved by U.S. EPA on a case-by-case basis provided that the applicant demonstrates, on the basis of U.S. EPA-approved methods where possible, that the emissions increases from the new or modified source will not cause or contribute to a violation of an ambient air quality standard. A source's permit application that includes such an interpollutant offset proposal shall not be approved by the division until there has been an opportunity for public hearing on the proposed emissions trade and until written approval has been received from the U.S. EPA.

V.I. Netting Transactions V.I.1. Netting may exempt modifications of existing major sources from certain pre-construction permit requirements under new source review, so long as there is no significant net emission increase, as net emissions increase is defined in section II.A.27. of Part D of this regulation. By netting out, the modifications is not considered major and therefore not subject to pre-construction permit requirements for major modifications as follows: V.I.1.a. Section VI. of Part D of this regulation, for prevention of significant deterioration; V.I.1.b. Visibility analysis; and V.I.1.c. Section V.A. of Part D of this regulation, for nonattainment new source review. V.I.2. The division shall grant such an exemption if the emissions reduction qualifies as an Emission Reduction Credit under Regulation No. 5 meets the criteria in section V.E., for certification, and the difference between the amount of the certified emissions reduction, and the amount of new pollutants to be emitted from the new or modified facility, does not constitute a significant increase of pollutants.

V.I.3. An increase of pollutants shall be considered significant if it equals or exceeds the amounts specified in the definition of significant in Part D of this regulation.

VI. FEES VI.A. General VI.A.1. Every person required to obtain a Construction or Operating Permit or to file an Air Pollution Emission Notice shall pay fees as set forth in the following sections. Such fees shall be charged to recover the direct and indirect costs incurred by the division in processing permit applications, issuing permits, and in conducting a compliance monitoring and enforcement program. Such fees shall apply without regard to whether a permit is issued, denied, withdrawn, or revoked. Fees shall be charged as indicated in section VI.D. of this Part.

VI.B. Permit Processing Fees VI.B.1. Applicants for a permit shall be assessed total fees that shall be partially determined at the time that the division makes its decision whether to issue preliminary approval of the permit and partially at the time the division makes its decision whether to issue final approval.

VI.B.2. The partial fee collected at the time the division makes its decision whether to issue preliminary approval of the permit shall include the costs associated with the preliminary engineering evaluation, modeling, and analysis of impact on ambient air quality, notice and publication requirements, and such other costs as are required for the aforementioned activities incurred by the division up to the time of the decision of whether to issue preliminary approval.

VI.B.3. The final fee collected at the time the division makes its decision of whether to issue final approval shall include the balance of the total of all costs associated with enforcement of any terms and conditions of the emission permit, the supervision of compliance testing, notice and publication requirements, and such other costs as are required for the processing, issuance, and administration of the permit. VI.B.4. If the division requires more than thirty hours to process an application, the division shall inform the owner or operator of the source and provide an estimate of what the actual charges may be, prior to commencing with processing of the application, unless the owner or operator waives this requirement in writing.

VI.B.5. All permit processing fees assessed must be received within thirty days of the date of receipt of the written request therefore. All fees collected under this regulation shall be made payable to the Colorado Department of Public Health and Environment. Construction permits shall not be issued until all such assessed fees have been paid. Permits issued in accordance with Part C of this regulation may be issued upon approval by the division of a fee payment schedule.

VI.C. Annual Emissions Fees VI.C.1. As used in this section VI., in accordance with Colorado Revised Statute section 25-7- 114.7, regulated air pollutant means:

VI.C.1.a. A volatile organic compound;

VI.C.1.b. Each hazardous air pollutant;

VI.C.1.c. Each pollutant regulated under section 111 of the Federal Act (New Source Performance Standards); and VI.C.1.d. Each pollutant for which a National Ambient Air Quality Standard has been promulgated, except for carbon monoxide.

VI.C.1.e. Each pollutant regulated under section 25-7-109 of the state Act. VI.C.1.f. The term regulated air pollutant does not include fugitive dust as defined in section I.B.20. of this Part A, or any fraction thereof. VI.C.2. Every owner or operator of an air pollution source required to file an Air Pollutant Emission Notice shall pay a nonrefundable annual emissions fee as set forth in section VI.D.2. of this Part.

VI.C.3. All annual emissions fees assessed must be received within sixty days of the date of issuance of the written request therefore. All fees collected under this regulation shall be made payable to the Colorado Department of Public Health and Environment. VI.C.4. In no event shall an owner or operator of a source pay more than a fee based upon total annual emissions of four thousand tons of each regulated air pollutant per source. VI.D. Fee Schedule VI.D.1. Annual and permit processing fees shall be charged in accordance with and in the amounts and limits specified in the provisions of Colorado Revised Statutes section 25-7- 114.7.

VI.D.2. Air Pollutant Emission Notice filing fees shall be charged in accordance with and in the amounts and limits specified in the provisions of Colorado Revised Statutes section 25-7- 114.1.

VII. CONFIDENTIAL INFORMATION OR DATA CONTAINED IN AIR POLLUTANT EMISSION NOTICES, PERMIT APPLICATIONS, OR REPORTS SUBMITTED PURSUANT TO PART C, SECTION V.C.6.

VII.A. Upon written request to the division, any person filing an Air Pollutant Emission Notice or permit application, or submitting reports pursuant to Regulation No. 3, Part C, sections V.C.6. or V.C.7., may request that information contained in such an Air Pollutant Emission Notice, permit application, or report relating to secret processes or methods of manufacture or production be kept confidential. The written request must identify the basis for the claim that the information relates to secret processes or methods of manufacture or production. All information claimed as confidential must be segregated from the rest of the Air Pollutant Emission Notice, permit application, or report when submitted, with each page clearly marked as "Confidential," "Trade Secret," or other similar marking.

VII.B. The division will evaluate confidentiality claims based on the written request. The burden of establishing that the information relates to secret processes or methods of manufacture or production is on the claimant. Emission data, as defined in Colorado Revised Statutes section 25-7-103(11.5), shall not be entitled to confidential treatment notwithstanding this section VII., or any other law to the contrary. In no event shall an Operating Permit or the compliance certifications submitted pursuant to section III.B.8. of Part C of this Regulation No. 3 be entitled to confidential treatment. If the division determines that information requested to be kept confidential is not entitled to confidential treatment, it shall provide written notice of this determination at least three working days prior to making such information available to the public. VII.C. A request for confidential treatment of information or data submitted to the division shall be deemed a limited waiver by the applicant of the time constraints contained in section III.B. of Part B, or section IV. of Part C of this regulation. Therefore, any delay in the processing of a permit application resulting from the division's being required to give notice under section VII.B., hereof, shall not be considered in determining whether the time constraints set forth in this regulation have been met.

VIII. TECHNICAL MODELING AND MONITORING REQUIREMENTS VIII.A. Air Quality Models VIII.A.1. All estimates of ambient concentrations required under this Regulation No. 3 shall be based on the applicable air quality models, databases, and other requirements generally approved by U.S. EPA and specifically approved by the division. If a non-U.S. EPA approved model, such as a wind tunnel study, is proposed, the nature and requirements of such a model should be outlined to the division at a pre-application meeting. The application will be deemed incomplete until there has been an opportunity for a public hearing on the proposed model and written approval of the U.S. EPA has been received.

VIII.B. Monitoring VIII.B.1. All monitoring must be performed in accordance with U.S. EPA accepted procedures as approved by the division.

VIII.B.2. An owner or operator may submit a monitoring program for a proposed source or modification to the division for review. Within sixty days after such submittal, the division shall:

VIII.B.2.a. Approve the monitoring program; or VIII.B.2.b. Specify the changes necessary for approval; otherwise, the monitoring program shall be deemed approved.

VIII.C. Stack Heights This regulation sets limits for the maximum stack height credit to be used in ambient air quality modeling for the purpose of setting an emission limitation and calculating the air quality impact of a source. It does not limit the actual physical stack height for any source. The following shall not be considered in determining whether an emission limitation is met: VIII.C.1. Stack height in excess of good engineering practice; or VIII.C.2. Any other dispersion technique except that the provisions of this section VIII.C. shall not apply to stack heights in existence or dispersion techniques implemented before December 31, 1970. Sources that were constructed, reconstructed, or for which major modifications were carried out after December 31, 1970, and that are emitting pollutants from such stacks, or using such dispersion techniques, shall be subject to the provisions of this section.

VIII.D. Definitions as used in section VIII.C.

VIII.D.1. Stack in existence means that the owner or operator had: VIII.D.1.a. Begun, or caused to begin, a continuous program of physical on site construction of the stack; or VIII.D.1.b. Entered into binding agreements or contractual obligations that could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.

VIII.D.2. Dispersion Technique means any technique that attempts to affect the concentration of a pollutant in the ambient air by using that portion of a stack that exceeds good engineering practice stack height, varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant, or by increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. The preceding sentence does not include:

VIII.D.2.a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream; VIII.D.2.b. The merging of exhaust gas streams where:

1. VIII.D.2.b.(i) The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams; VIII.D.2.b.(ii) After July 8, 1983, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of dispersion techniques shall apply only to the emission limitation for the pollutant affected by such change in operation; or VIII.D.2.b.(iii) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emissions limitation or, in the event that no emission limitation was in existence prior to the merging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion.
   1. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the reviewing agency shall deny credit for the effects of such merging in calculating the allowable emissions for the source;

VIII.D.2.c. Smoke management in agricultural or silvicultural prescribed burning programs;

VIII.D.2.d. Episodic restrictions on residential wood burning and open burning; or VIII.D.2.e. Techniques that increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed five thousand tons per year.

VIII.D.3. Good Engineering Practice Stack Height means the greater of: VIII.D.3.a. 65 meters; or VIII.D.3.b. For stacks in existence on January 12, 1979 and for which the owner or operator had obtained all applicable pre-construction permits or approvals required, Hg = 2.5H, provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; and VIII.D.3.c. For all other stacks, Hg = H + 1.5L where:

1. VIII.D.3.c.(i) Hg = good engineering practice stack height measured from the ground level elevation at the base of the stack;
   1. VIII.D.3.c.(ii) H = height of nearby structure(s) measured from the ground level elevation at the base of the stack;

      VIII.D.3.c.(iii) L = lesser dimension (height or projected width) of nearby structure(s) provided that the reviewing agency may require the use of a field study or fluid model to verify Good Engineering Practice stack height for the source; or VIII.D.3.d. The height demonstrated by a fluid model or a field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, structures, or terrain obstacles.

VIII.D.4. Nearby as applied to good engineering practice is: VIII.D.4.a. For purposes of applying the formulae provided in sections VIII.D.3.b. and VIII.D.3.c. in the definition of good engineering practice stack height means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 kilometers (1/2 mile), and VIII.D.4.b. For conducting demonstrations in section VIII.D.3. in the definition of good engineering practice means not greater than 0.8 kilometers (1/2 mile), except that the portion of a terrain feature may be considered to be nearby that falls within a distance of up to ten times the maximum height of the feature, not to exceed two miles if such feature achieves a height 0.8 kilometers from the stack that is at least forty percent of the good engineering practice stack height determine by the formula or twenty-six meters, whichever is greater. VIII.D.5. Excessive concentrations for the purpose of determining good engineering practice, stack height in a fluid model or field study, means:

VIII.D.5.a. For sources seeking credit for stack height exceeding that established by the formulae, a maximum ground level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features that individually is at least forty percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and that contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to the prevention of significant deterioration program, an excessive concentration alternatively means a maximum ground level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features that individually is at least forty percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations shall be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the division, an alternative emission rate shall be established in consultation with the source owner or operator;

VIII.D.5.b. For sources seeking credit after October 1, 1983 for increases in existing stack heights up to the heights established by the formulae, either: VIII.D.5.b.(i) A maximum ground level concentration due in whole or part to downwash, wakes or eddy effects as provided in section VIII.D.5.a. above, except that the emission rate specified by any applicable state implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used; or VIII.D.5.b.(ii) The actual presence of a local nuisance caused by the existing stack, as determined by the division; and VIII.D.5.b.(iii) For sources seeking credit after January 12, 1979 for a stack height determined using the formula, where the division requires the use of a field study or fluid model to verify good engineering practice stack height; for sources seeking stack height credit after November 9, 1984 based on the aerodynamic influence of cooling towers; and for sources seeking credit after December 31, 1970 based on the aerodynamic influence of structures not adequately represented by the formulae: a maximum ground level concentration due in whole or part to downwash, wakes or eddy effects that is at least forty percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects.

APPENDIX A Method For Determining De Minimis Levels For Non-Criteria Reportable Pollutants The following procedures must be followed in order to determine the appropriate de minimis (minimum) reporting level for each pollutant that is emitted from each emission point at a contiguous site. If you do not wish to use the three-scenario approach at your facility, you may elect to use Scenario 1 for all emission points.

Definitions Release Point - the lowest height above ground level from which the pollutants are emitted to the atmosphere.

Property Boundary - the distance from the base of the release point to the nearest property boundary. Point - an individual emission point or a group of individual emission points reported on one Air Pollutant Emission Notice as provided for in Part A, section II.B.4. Methodology To determine the de minimis level for a single pollutant being emitted from a point (single or grouped). STEP 1:

Determine which of the three scenarios below applies to the emission point. If different scenarios can be applied to the same emission point, use the highest numbered scenario that applies. In the case of grouped emission points, use the lowest scenario number (for the entire group) that applies to any of the single emission points within the group.

Scenario 1: Release point less than 10 meters or property boundary less than 100 meters; Scenario 2: Release point equal to or greater than 10 meters, but less than 50 meters, or property boundary equal to or greater than 100 meters, but less than 500 meters; or Scenario 3: Release point equal to or greater than 50 meters, or property boundary equal to or greater than 500 meters.

STEP 2:

Use Appendix B to identify which of the three bins (Bin A, B, or C) the chemical is listed under. If the pollutant is not listed, it does not have to be reported unless it is included in a chemical compound group.

STEP 3:

Use the table below to determine the de minimis level.

All values are in pounds per year.

. Scenario 1 Scenario 2 Scenario 3 Chemical Bin De Minimis De Minimis De Minimis Bin A 50 125 250 Bin B 500 1250 2500 Bin C 1000 2500 5000 STEP 4:

Repeat the above steps for each pollutant emitted from each emission point (single or grouped). One Air Pollutant Emission Notice must be filed for each emission point that emits one or more chemicals above the de minimis level.

APPENDIX B Non-criteria Reportable Pollutants (Sorted by BIN) Note: HAP means federal, or federal and state hazardous air pollutant HAPs means state-only hazardous air pollutant PART B CONCERNING CONSTRUCTION PERMITS I. Applicability I.A. The provisions of this Part B shall apply statewide. All sources that did not commence construction or operation prior to February 1, 1972, are required to have a construction permit except as specified in section III.

II. General Requirements For Construction Permits II.A. General Considerations II.A.1. Except where specifically authorized by the terms of this Regulation No. 3, no person shall commence construction of any stationary source or modification of a stationary source without first obtaining or having a valid construction permit from the division. II.A.2. Any permit that has been issued pursuant to a prior regulation of the commission, with respect to a project or the operation thereof, shall continue in full force and effect for the purpose for that it was originally issued, unless this current regulation no longer requires such permit, in that case the permit can be rescinded upon request of the owner or operator of the permitted source.

II.A.3. Any orders or decisions of the division shall be final upon issuance, according to section III.F.3. of this Part B.

II.A.4. Construction permits for criteria pollutants and hazardous air pollutants shall be issued based on the production/process rate requested in the Air Pollutant Emission Notice submitted with the permit application or as requested in the application. The emission rate associated with the requested production/process rate shall be a permit condition. For permits to limit the potential to emit criteria or hazardous air pollutants the division may modify the production/process rate, hours of operation or other requested permit conditions in order to create state-only or federally and practically enforceable permit conditions; provided, however, that the applicant may decline to accept such modifications and elect instead to forego limits on its potential to emit or pursues any right of appeal or other available alternative. For details regarding permits to limit the potential to emit hazardous air pollutants see Regulation No. 8, Part E, section IV. II.A.5. Construction permits are required for hazardous air pollutants if: II.A.5.a. The source is subject to Colorado Maximum Achievable Control Technology or Generally Available Control Technology; or II.A.5.b. The source is subject to Federal National Emission Standards for Hazardous Air Pollutants; or II.A.5.c. The source is subject to Federal Maximum Achievable Control Technology or Generally Available Control Technology standards; or II.A.5.d. The source is subject to Regulation No. 8, Part E, where the more specific requirements of Regulation No. 8, Part E, take precedence over requirements in this regulation.

II.A.6. Owners or operators of sources that have valid operating permits in accordance with Part C of this regulation may construct or modify such source without obtaining a construction permit prior to construction or modification, provided the construction or modification qualifies for a minor permit modification or for operational flexibility, and the applicable provisions as set forth in sections X., XI., or XII. of Part C are met. In addition, all applicable requirements that are related to construction permit approval and that are set forth in sections III.D.1.a. through III.D.1.g. of this Part B remain in effect. II.A.7. A source that is voluntarily applying for a permit to create state-only or federally enforceable permit conditions, as appropriate, to limit the potential to emit criteria or hazardous air pollutants may request to obtain such limits in a construction permit. II.B. Transfer or Assignment of Ownership If transfer or assignment of ownership or operation of an air pollution emission source permitted pursuant to this Part B is anticipated, the prospective owner or operator shall apply to the division on division supplied administrative permit amendment forms for reissuance of the existing permit. Section III. of Part A of this regulation governs the administrative permit amendment procedures required for transfer or assignment of ownership.

In accordance with the provisions of this section, the permit shall be reissued upon completion of the transfer or assignment if the applicant certifies that no change is contemplated that might constitute a new or modified air pollution source. In no event shall the new owner or operator of a source that was subject to the requirements of these regulations prior to the transfer or assignment be relieved of the obligation to comply with such requirements by reason of a transfer. Such transfers are subject to all applicable permit processing and inspection fees. If a company is changing its name only, the owner or operator shall apply to the division, on division supplied administrative permit amendment forms, for reissuance of the existing permit. Section III. of Part A, governs the administrative permit amendment procedures required for identifying a change in name. If all other procedures and information as stated in the last submitted Air Pollutant Emission Notice(s) remains unchanged, only one Air Pollutant Emission Notice need be submitted for each stationary source, indicating the name change. No administrative permit amendment for transfer or assignment of ownership of a source shall be complete until a written agreement containing a specific date for transfer of permit, responsibility, coverage and liability between the current and new permittee is received by the division. II.C. Portable Sources A permitted portable source (e.g., asphalt plants, crushers, etc.) shall have its permit number permanently and prominently displayed on each major component of equipment that is a part of that portable source.

II.D. Exemption from Construction Permit Requirements None of the exemptions listed below in sections II.D.1. through II.D.4. shall apply if a source is subject to Part A of Regulation No. 6 (New Source Performance Standards) and/or Regulation No. 8 (Hazardous Air Pollutants), Parts A,C, D, and E. Permit exemptions taken under this section do not affect the applicability of the regulations to the source. An applicant may not omit any information regarding APEN or permit exempt emission units in any application if such information is needed to determine the applicability of Title V (Part C of this Regulation No. 3), Prevention of Significant Deterioration (section VI. of Part D of this Regulation No. 3), or Nonattainment New Source Review (section V. of Part D of this Regulation No. 3). II.D.1. The following sources are exempt because by them, or cumulatively as a category, are deemed to have a negligible impact on air quality:

II.D.1.a. Those sources exempted from the filing of Air Pollutant Emission Notices in section II.D. of Part A, of this regulation.

II.D.1.b. Containers, reservoirs, or tanks used exclusively for dipping operations for coating objects with oils, waxes, greases, or natural or synthetic resins containing no organic solvents.

II.D.1.c. Stationary Internal Combustion Engines that:

1. II.D.1.c.(i) Power portable drilling rigs; or II.D.1.c.(ii) Are emergency power generators that operate no more than two hundred and fifty hours per year; or II.D.1.c.(iii) Have uncontrolled actual emissions in:
   1. II.D.1.c.(iii)(A) Nonattainment areas of less than five tons per year or manufacturer’s site-rated horsepower of less than fifty; or II.D.1.c.(iii)(B) Attainment areas of less than ten tons per year or manufacturer’s site-rated horsepower of less than one hundred. II.D.1.d. The collection, transmission, liquid treatment, and solids treatment processes at domestic wastewater treatment works, or treatment facilities that treat only domestic type wastewater, except for combustion processes. II.D.1.e. Each individual piece of fuel burning equipment, other than smokehouse generators, that uses gaseous fuel, and that has a design rate less than or equal to ten million British thermal units per hour.

II.D.1.f. Gasoline stations located in ozone attainment areas, except for stations located in the Denver Metropolitan ozone attainment/maintenance area. II.D.1.g. Surface mining activities that mine seventy thousand tons or fewer of product material per year. A fugitive dust control plan is required for such sources. Crushers, screens and other processing equipment activities are not included in this exemption.

II.D.1.h. Composting piles, however, all odor requirements of Regulation No. 2 must be met.

II.D.1.i. Commercial and product quality control laboratory equipment. II.D.1.j. Fires and equipment used for noncommercial cooking of food for human consumption and for cooking of food for human consumption at commercial food service establishments.

II.D.2. Facilities located in a nonattainment area for any criteria pollutant for which the area is nonattainment; with total facility uncontrolled actual emissions (potential emissions at actual operating hours) that are less than the following amounts: II.D.2.a. Two tons per year volatile organic compounds. II.D.2.b. One ton per year PM10.

II.D.2.c. Five tons per year total suspended particulate. II.D.2.d. Five tons per year carbon monoxide.

II.D.2.e. Five tons per year sulfur dioxide.

II.D.2.f. Five tons per year nitrogen oxides.

II.D.2.g. Two hundred pounds per year lead.

1. For purposes of calculating total facility uncontrolled actual emissions, only those individual (or grouped) emission points requiring Air Pollutant Emission Notices are to be considered.

II.D.3. Facilities located in attainment areas for all criteria pollutants with total facility uncontrolled actual emissions less (potential emissions at actual operating hours) than the following amounts:

II.D.3.a. Five tons per year volatile organic compounds. II.D.3.b. Five tons per year PM10.

II.D.3.c. Ten tons per year total suspended particulate. II.D.3.d. Ten tons per year carbon monoxide.

II.D.3.e. Ten tons per year sulfur dioxide.

II.D.3.f. Ten tons per year nitrogen oxides.

II.D.3.g. Two hundred pounds per year lead.

1. For purposes of calculating total facility uncontrolled actual emissions, only those individual (or grouped) emission points requiring Air Pollutant Emission Notices are to be considered.

II.D.4. Facilities that emit any other criteria pollutant that is not listed in sections II.D.2. and II.D.3., above (fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced sulfur compounds, and municipal waste combustor emissions), with total facility uncontrolled actual emissions of such pollutants that are less than two tons per year. II.D.5. When a facility that was previously exempt from permit requirements exceeds one of the permit de minimis levels stated in sections II.D.2. through II.D.4., above, due to the addition of new emission points, the division will issue either a facility-wide permit for all non-grandfathered emission units above Air Pollutant Emission Notice de minimis levels, or individual emission permits for those emission units. II.D.6. All incinerators require a permit as stated in Regulation No.1, section III.B.1. II.D.7. Oil and gas exploration and production operations that are addressed under section II.D.1.lll. of this Regulation No. 3, Part A, and that are required to obtain a construction permit, are not required to file an application for a construction permit until they are required to file an Air Pollutant Emission Notice, as set forth in section II.D.1.lll. The application shall include a list of all applicable requirements, and how the requirements will be met until a construction permit is issued.

II.D.8. Any person may request the division to add source categories to the permit exemption list, in accordance with the procedures set forth in section II.D.4. of Part A of this regulation. II.D.9. Sources with a valid operating permit are not required to obtain a construction permit prior to commencing construction or modification, as set forth in section II.A.6. of this Part B.

III. Construction Permit Review Procedures III.A. Option for Pre Application Meeting Prior to submitting an application for a permit, an applicant may request and, if so requested, the division shall grant, a pre-application meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications and the data required to be furnished with the permit application. III.B. Application for a Construction Permit III.B.1. An application for a Construction Permit shall be prepared on forms currently supplied by the division.

III.B.2. Applications for Construction Permits, and modifications to Construction Permits, must include an Air Pollutant Emission Notice.

III.B.3. Applications shall be signed by a person legally authorized to act on behalf of the applicant. The applicant shall furnish all information and data required by the division to evaluate the permit application and to make its preliminary analysis in accordance with section III.B.5. of this Part.

III.B.4. An application for a Construction Permit will not be deemed to be complete until all information and data required to evaluate the application have been submitted to the division. Within sixty calendar days after the receipt of an application or any supplemental information timely requested by the division, the division will give notice to the applicant if and in what respect the application is incomplete. If the division fails to notify an applicant that the application is incomplete within sixty calendar days of receipt of the original application or receipt of the requested supplemental information, the application shall be deemed to have been complete as of the day of receipt by the division of the application or the last submitted supplemental information, whichever is later.

III.B.5. Except for applications for sources subject to the requirements of section VI. of Part D of this regulation (Prevention of Significant Deterioration), the division shall prepare its preliminary analysis within sixty calendar days after receipt of a complete permit application. The preliminary analysis allows the division to determine whether the new source will, at date of commencement of operation, comply with: III.B.5.a. All applicable emission control regulations, III.B.5.b. Applicable regulations for the control of hazardous pollutants, III.B.5.c. Requirements of the nonattainment and attainment programs (sections V. and

1. VI. of Part D), and III.B.5.d. Any applicable ambient air quality standards and all applicable regulations. The preliminary analysis shall indicate what impact, if any, the new source will have (as of the projected date of commencement of operation) on all areas (attainment, nonattainment, unclassifiable), within the probable area of influence of the proposed source. If so requested on the permit application form, a copy of this preliminary analysis shall be forwarded to the applicant postmarked no later than fifteen calendar days after the completion of the preliminary analysis. When the preliminary analysis includes modeling, the model used shall be an appropriate one given the topography, meteorology and other characteristics of the region that the source will impact. Use of any non-guideline model requires U.S. EPA approval under section VIII.A. of Part A of this regulation. III.C. Public Comment and Hearing Requirements III.C.1. The following sources, unless exempted in section III.C.2., below, are subject to public comment:

III.C.1.a. Sources with projected controlled annual emissions of any pollutant for which an ambient air quality standard has been designated, where such emissions will be greater than twenty five tons per year if the source is located in a nonattainment area, fifty tons per year if the source is located in an attainment area, or two hundred pounds per year of lead (for any area of the state). III.C.1.b. Sources for which preliminary analysis indicates a possible violation of commission Regulation No. 2 (odor emissions).

III.C.1.c. For hazardous air pollutants if:

1. III.C.1.c.(i) The source is subject to Federal National Emission Standards for Hazardous Air Pollutants, III.C.1.c.(ii) The source is subject to Federal or Colorado Maximum Achievable Control Technology or Generally Available Control Technology standards, or III.C.1.c.(iii) The source is voluntarily applying for permit conditions to limit the source's potential to emit hazardous air pollutants.

III.C.1.d. Sources subject to sections V. or VI. of Part D of this regulation that are attempting to obtain a federally enforceable limit on the potential to emit of the source in order to avoid other requirements.

III.C.1.e. Sources submitting an application for a BART determination or BART alternative pursuant to regulation no. 3, part e.

III.C.2. The following sources are generally not required to be subject to public comment, unless the division determines that public comment is warranted pursuant to section III.C.3. below:

III.C.2.a. Sources of six months duration or less, except that public comment shall be required for all major sources of hazardous pollutants without regard to the duration of the operation of such source unless specifically exempted below. III.C.2.b. Demolition projects, even if asbestos materials are present, provided that all the requirements of Regulation No. 8 are followed for any and all materials suspected of containing asbestos.

III.C.2.c. Construction or modification of sources in accordance with the minor modification and operational flexibility provisions of sections X., XI., and XII. of Part C of this regulation are subject to the public participation requirements of Part C.

III.C.3. Sources for which a permit is required, but for which public comment is not required by sections III.C.1., III.C.2.a., or III.C.2.b., above, are exempt from public comment requirements unless the division determines that public comment is warranted. In making such determinations, the division shall take into consideration the duration of the operation, its location, the nature and projected amount of emissions, anticipated public concern, and other relevant factors.

III.C.4. When public comment is required by section III.C.1., or when the division determines, pursuant to section III.C.3., that an application warrants public comment, the division shall, within fifteen calendar days after the preparation of the preliminary analysis, cause public notice of the application to be published in a newspaper of general distribution in the area in which the proposed project or activity is or will be located, and by such other means necessary to assure notice to the affected public, that may include posting of such notice on the publicly accessible portion of the division’s web site, and cause a copy of the application, the preliminary analysis and the draft permit to be filed with the county clerk for each county in which the source is, or will be located. The division shall send written or electronic notice to persons requesting notice of permit applications for the type of source or geographic area. For sources applying for a permit to limit the potential to emit criteria pollutants or federal hazardous air pollutants, the division shall send a copy of the public notice and the draft permit to the U.S. EPA Administrator for comment. The division shall also send a copy of the final permit approval to the U.S. EPA Administrator for comment. The newspaper notice and the division’s web site notice shall contain all of the following information in sections III.C.4.a. through III.C.4.e., below: III.C.4.a. The location and nature of the proposed project or activity for which a construction permit application has been filed.

III.C.4.b. The locations where the application and preliminary analysis are available for public inspection.

III.C.4.c. That comments concerning the ability of the proposed project or activity to comply with the applicable standards and regulations of the commission are solicited from any interested person.

III.C.4.d. That the division will receive and consider public comments for thirty calendar days after such publication.

III.C.4.e. The division's preliminary determination of approval, conditional approval, or disapproval of the application.

III.D. Construction Permit Review Requirements III.D.1. Requirements applicable to all construction permit applications (except that processing timeframes of combined construction/operating applications shall be as set forth in Part C, section IV., of this Regulation No. 3). Within thirty calendar days following the completion of the division's preliminary analysis for applications not subject to the public comment, within thirty calendar days following the period for public comment for applications subject to public comment, or if a public comment hearing is held, within thirty calendar days following such hearing, the division shall grant the permit if it finds that:

III.D.1.a. The proposed source or activity will meet all applicable emission control regulations and regulations for the control of hazardous air pollutants; III.D.1.b. As applicable, the proposed source or activity will meet the requirements of the attainment program as outlined in section V. of Part D of this regulation, if any; III.D.1.c. The proposed source or activity will not cause an exceedance of any National Ambient Air Quality Standards;

III.D.1.d. The source or activity will meet any applicable ambient air quality standards and all applicable regulations;

III.D.1.e. As applicable, the proposed source or modification will meet the requirements of the prevention of significant deterioration program of section VI. of Part D of this regulation.

1. [Provided however, that the division shall not deny a permit for failure of the proposed source to meet any applicable requirement of the state implementation plan where (1) there is pending an application for a revision to the state implementation plan pursuant to Colorado Revised Statute, section 25-7-305 (Alternative Emission Reduction) that, if adopted, would require the division to grant the permit and (2) the applicant waives the time constraints on the division to act on its application until the commission has issued its final decision on the request for a state implementation plan revision and the U.S. EPA has acted on the proposed revision to the state implementation plan. In such circumstances, the division shall delay its decision on the permit application until after final action on the request for revision of the state implementation plan (including action by the U.S. EPA)];

III.D.1.f. The fees required in section VI. of Part A of this regulation have been paid; III.D.1.g. Permit approval shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the state implementation plan and any other requirements under local, state, or federal law.

III.D.2. RACT Requirements for new or modified Minor Sources (including new or modified minor emissions units at major stationary sources) of carbon monoxide, nitrogen oxides, sulfur dioxide, and PM in nonattainment and attainment/maintenance areas: III.D.2.a. Minor sources in designated nonattainment or attainment/maintenance areas that are otherwise not exempt pursuant to Section II.D. of this Part, shall apply Reasonably Available Control Technology for the pollutants for which the area is nonattainment or attainment/maintenance.

III.D.2.b. In the Denver Metropolitan PM attainment/maintenance area, for any new minor source with a potential to emit forty tons per year or more of nitrogen oxides or sulfur dioxide, or a modification of an existing minor source with a net emissions increase of forty tons per year or more of nitrogen oxides or sulfur dioxide, the source will install Reasonably Available Control Technology. III.E. Permit Terms and Conditions The division shall include such terms and conditions in any permit as it deems necessary for the proposed project or activity to qualify for the permit. III.F. Denial or Revocation of the Construction Permit III.F.1. If the division determines that a source cannot comply with the provisions of Part B, section III.D., of this regulation, the division shall issue its written denial of the permit application stating the reasons for such denial. Any division denial of a permit shall become final upon mailing of the denial notice to the applicant by certified mail. The applicant may appeal the division's final denial of a permit as provided in section III.F.3., below.

III.F.2. Any applicant for a construction permit shall advise the division in writing of any refusal to accept any permit condition imposed by the division within twenty calendar days after receipt of the permit. Such refusal shall be deemed a denial of the permit application. III.F.3. If the division denies a permit, imposes conditions upon a permit that are contested by the applicant, revokes a permit, or requires a permit from a source that may qualify for an exemption, the applicant or owner or operator of a source may request a hearing before the commission for review of the division’s action. The request for a hearing must be filed with the commission within thirty days after the issuance of the permit, denial or revocation. The hearing shall be heard in accordance with the provisions of section 1.6.0. of the commission’s procedural rules, Colorado Revised Statute sections 25-7- 114.5(8), and 25-7-119, (Colorado Air Pollution Prevention and Control Act) and section 24-4-105, (State Administrative Procedure Act).

III.F.4. Initial Approval Expiration III.F.4.a. An initially approved permit shall expire if the owner or operator of the source for which the permit was issued: (i) does not commence construction or operation of the source within eighteen months after either the date of issuance of the permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (ii) discontinues construction for a period of eighteen months or more; or (iii) does not complete construction within a reasonable time of the estimated completion date.

III.F.4.b. Upon a showing of good cause by the permittee, the division may grant extensions of the permit not to exceed eighteen months per extension. Construction or operation shall commence or be resumed within a reasonable period of time from the granting of the extension. In determining what constitutes good cause or a reasonable period of time, the division shall consider the degree of construction already completed, the amount invested or legally committed to the project, whether an extension would prevent (e.g., through reservation of a Prevention Significant Deterioration increment) economic development in the affected area, general economic conditions, the health of the community as it affects the ability of the permittee to proceed, and other relevant factors. The division shall notify the commission of any requested extensions and the reason given for each request.

III.G. Final Permit Approval III.G.1. Unless prior and mutually acceptable arrangements have been made, the applicant shall not commence the operation of a stationary source for which a construction permit has been issued or reinstated without giving notice to the division, thirty calendar days (fifteen calendar days for portable sources) prior to the date on which commencement will take place.

III.G.2. Within 180 calendar days after commencement of operation, the source shall demonstrate to the division compliance with the terms and conditions of the initial approval construction permit. The division may inspect the source to determine whether or not the operating terms and conditions of the initial approval construction permit have been satisfied. At the end of 180 days, the division must revoke the construction permit; or, continue the construction permit if applicable; or, notify the owner or operator that the source has demonstrated compliance with the construction permit. III.G.3. Before final approval of the permit is granted, the division may require the applicant to conduct and pay for performance tests in accordance with methods approved by the division. A test protocol shall be submitted to the division for review and approval at least thirty days prior to testing. The division may monitor such tests and may, at its expense, conduct its own performance tests.

III.G.4. For sources that submit an application for an operating permit pursuant to Part C of this Regulation No. 3, including any application for a permit modification or permit renewal, prior to issuance of a final approval construction permit, upon demonstration by the source of compliance with all terms and conditions of the construction permit or a satisfactory final approval inspection, as required pursuant to this section III.G., the division may elect to either issue a final approval construction permit or allow the initial approval construction permit to continue in full force and effect. The division shall provide written notice to the permittee of its election. III.G.5. If the division determines that the terms and conditions of the permit have been satisfied, the division shall issue in writing its final permit approval to the applicant, or shall incorporate the terms and conditions into an operating permit issued in accordance with Part C of this regulation. Otherwise, the division shall revoke the permit. III.G.6. Final approval may be issued at the same time as initial approval for temporary sources of a duration of one month or less.

III.G.7. Prior to issuance of final approval, the applicant shall furnish: III.G.7.a. An operating and maintenance plan for all control equipment and control practices; and III.G.7.b. A proposed record keeping format for demonstrating compliance on an ongoing basis.

III.H. Permit Cancellation Whenever an owner or operator wishes to cancel a permit, the owner or operator shall notify the division, using forms provided by the division.

III.I. General Construction Permits III.I.1. The division may issue a general construction permit covering numerous similar sources to a source that would otherwise be required to obtain a construction permit pursuant to this Part B. Any general construction permit shall comply with all applicable requirements, including notice and opportunity for public participation where warranted for such sources. The division may issue a general construction permit in accordance with one or more of the following considerations:

III.I.1.a. The control equipment utilized by the sources; III.I.1.b. The design characteristics of the sources;

III.I.1.c. The operational variability of the sources;

III.I.1.d. The location of the sources.

III.I.2. A source shall not perform any of the following without first obtaining a valid general construction permit from the division pursuant to this provision, or a valid construction permit as otherwise required pursuant to section III. of this Part B: III.I.2.a. Commence construction or modify any building, facility, structure, or installation; III.I.2.b. Install any machine, equipment, or other device; III.I.2.c. Commence the conduct of any such activity;

III.I.2.d. Commence performance of any combinations thereof; or III.I.2.e. Commence operations of any of the same that will or do constitute a new stationary source.

III.I.3. Administration III.I.3.a. General construction permits may be issued, modified, revoked and reissued, or terminated in accordance with the provisions of this regulation. III.I.3.b. Sources shall submit applications to be covered under the general construction permit on forms provided by the division.

III.I.3.c. Individual Permit Requirements III.I.3.c.(i) The division may require any source authorized by a general construction permit to apply for and obtain an individual permit. Cases where an individual permit may be required include, but are not limited to, the following:

1. III.I.3.c.(i)(A) A change has occurred in the availability of control technology or practices for the control or abatement of air pollutants applicable to the source; or III.I.3.c.(i)(B) Circumstances have changed since the time of the request to be covered so that the source is no longer appropriately controlled under the general construction permit.
   1. III.I.3.c.(ii) Any source authorized by a general construction permit may request to be excluded from the coverage of the general construction permit by applying for an individual permit, as provided for under this regulation, Parts A and B.

      III.I.3.c.(iii) When the division issues an individual permit to a source otherwise subject to a general construction permit, the applicability of the general construction permit to the individual permittee is automatically terminated on the effective date of the individual permit.

      III.I.3.c.(iv) A source excluded from a general construction permit solely because it already has an individual permit may request that the individual permit be revoked, and that it be covered by the general construction permit. Upon revocation of the individual permit, the general construction permit shall apply to the source.

      III.I.3.c.(v) In determining whether an individual permit is required, the division may consider the compliance history and current compliance status of the source.

III.I.4. The division shall review the application and certify or deny the request based on criteria specified in the general construction permit established by the division for that type of source.

III.I.5. General construction permits shall include conditions necessary to ensure the sources will meet all applicable requirements.

III.I.6. General construction permits issued by the division may include the following requirements, as appropriate and as specified in each permit: III.I.6.a. An operating and maintenance plan for all control equipment and control practices;

III.I.6.b. A record keeping format for demonstrating compliance; III.I.6.c. Monitoring methods to assure compliance; and III.I.6.d. Alternative operating scenarios that include specific monitoring, record keeping, and reporting methods that will assure compliance with the permit conditions. III.I.7. All general construction permits shall undergo statewide public notice. If a source wants to be covered under a general construction permit, the source must apply within the time period specified in the public notice.

PART C CONCERNING OPERATING PERMITS I. APPLICABILITY The provisions of this Regulation No. 3, Part C shall apply statewide to all sources of air pollutants that are required to obtain an operating permit as specified in section II. The provisions of this Part C shall also apply, except as otherwise provided herein, to those minor sources of air pollutants that voluntarily choose to obtain an operating permit.

I.A. DEFINITIONS I.A.1. Affected Source (acid deposition program) A source of air pollutants that includes one or more fossil fuel fired combustion devices subject to emission reduction requirements or limitations under Title IV of the Federal Act, Code of Federal Regulations Title 40, Part 72, or under the state Act.

I.A.2. Minor Permit Modification Any revisions to an operating permit issued by the division that meets the criteria of sections X. or XI. of this Part C.

I.A.3. Permit Modification Any revision to an operating permit issued by the division that cannot be accomplished under the administrative permit amendment procedures set forth in section III. of Part A of this regulation, or the minor permit modification procedures set forth in sections X. or XI. of this Part C. A permit modification for purposes of the acid rain portion of a permit shall be governed by regulations promulgated under Title IV of the Federal Act, found at Code of Federal Regulations, Title 40, Part 72.

I.A.4. Permit Shield Where a source operates in compliance with all operating permit terms and conditions, the source shall be deemed in compliance with the state and Federal Acts where the permit includes all applicable requirements of such acts, specifically states that other identified provisions are not applicable, and states that the permit shield applies. The permit shield does not apply to terms and conditions that become applicable to the source subsequent to permit issuance. The permit shield shall not alter or affect the provisions of Colorado Revised Statutes sections 25-7-112 or 25-7-113, section 303 of the Federal Act, the applicable requirements of the acid rain program, consistent with section 408(a) of the Federal Act, or the ability of the Administrator to obtain information from a source pursuant to section 114 of the Federal Act; nor shall the permit shield affect the liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance. I.A.5. Renewal of an Operating Permit The process by which a permit is reissued at the end of its term. I.A.6. Section 502(b)(10) Changes Changes that contravene an express permit term. Such changes do not violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), record keeping, reporting, or compliance certification requirements.

I.A.7. Significant Permit Modification All operating permit modifications that do not qualify as minor permit modifications or as administrative permit amendments. At a minimum, a significant permit modification shall include:

I.A.7.a. Any change that causes a significant increase in the rate of emissions as described by any permit term or condition;

I.A.7.b. Any change that is considered a modification under Title I of the Federal Act; I.A.7.c. Any change that requires or changes a case-by-case determination of an emission limitation or other standard;

I.A.7.d. Any change that requires or changes a source specific determination for temporary sources of ambient impacts;

I.A.7.e. Any change that requires or changes a visibility or increment analysis; I.A.7.f. Every significant change in existing monitoring permit terms or conditions; and I.A.7.g. Every relaxation of reporting or record keeping permit terms or conditions. I.A.7.h. Every change that seeks to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include: I.A.7.h.(i) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Federal Act; and I.A.7.h.(ii) An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the Federal Act I.A.7.i. The establishment of a Plant-wide Applicability Limitation (PAL) in accordance with section XVII. of Part D of this regulation.

1.A.7.j. All significant permit modifications shall be processed using the procedures set forth in Part C of Regulation No. 3 for combined Construction /Operating Permit issuance. Such source may choose to obtain a construction permit pursuant to Part B and shall subsequently meet the operating permit requirements of Part C.

II. GENERAL REQUIREMENTS FOR OPERATING PERMITS II.A. General Considerations II.A.1. Except where specifically authorized by the terms of this Regulation No. 3, Part C, no person shall operate any of the following sources without first obtaining an operating permit in accordance with the provisions of this regulation. II.A.1.a. Any affected source;

II.A.1.b. Any major source; with the exception of those sources that would be major based only on total suspended particulates emissions II.A.1.c. Any source required to have a permit pursuant to the prevention of significant deterioration program of Part C, Title I, of the Federal Act; II.A.1.d. Any source required to have a permit pursuant to the program for the attainment and maintenance of national ambient air quality standards or Part D of Title I of the Federal Act; and II.A.1.e. Any solid waste incineration unit that is a distinct operating unit of any facility that combusts any solid waste material from commercial or industrial establishments or the general public (including single residences, hotels, and motels). Such term does not include: (1) incinerators or other units required to have a permit under United States Code Title, 42, Section 6925 of the Solid Waste Disposal Act; (2) materials recovery facilities (including primary or secondary smelters) which combust waste for the primary purpose of recovering metals; (3) qualifying small power production facilities, as defined in United States Code Title 16, Section 769(17)(C), or qualifying cogeneration facilities, as defined in United States Code Title 16, Section 796(18)(B), of the Federal Power Act, that burn homogenous waste for the production of electric energy or in the case of qualifying cogeneration facilities that burn homogeneous waste for the production of electric energy and steam or forms of useful energy (such as heat) that are used for industrial, commercial, heating, or cooling purposes; or (4) air curtain incinerators provided that such incinerators only burn wood wastes, yard wastes and clean lumber and that such air curtain incinerators comply with any applicable opacity limitations. Operating permits for solid waste incineration units shall be obtained within thirty-six months of promulgation of a new source performance standard applicable to such units, or by November 15, 1994, whichever is later.

II.A.1.f. Any source designated by the Administrator and the commission as requiring an operating permit.

II.A.1.g. A source is not required to obtain an operating permit solely because it is subject to regulation or requirements pursuant to section 112(r) of the Federal Act. II.A.2. Any construction permit that has been issued pursuant to Regulation No. 3, Part B, with respect to a source that is subject to the operating permit requirements of this Part C, shall continue in full force and effect until such time as the operating permit is issued for such source, if the source has filed a timely and complete operating permit application. If a complete operating permit application has been timely filed with the division by the source in accordance with the provisions of section III., below, the source will not be subject to an enforcement action for operating the source without an operating permit. No source subject to an operating permit may operate after the time it is required to file a timely and complete application except in compliance with a previously issued operating permit and as set forth in section II.B., below. A previously issued construction permit shall not constitute a defense for operating a source in violation of the requirement to have an operating permit.

II.A.3. Any orders or decisions of the division shall be final upon issuance. II.B. Application Shield A timely and complete application for an operating permit under the provisions of this Part C shall operate as a defense to an enforcement action for the source's failure to have an operating permit until the division or the commission makes a final determination on the permit application. This defense to an enforcement action shall not apply if, subsequent to the completeness determination required by section IV.B.1. of this Part C, the applicant fails to submit by the deadline specified in writing by the division any additional information identified as necessary to process the application, or to otherwise supplement its application in accordance with the provisions of sections IV.B.3. and IV.B.4. of this Part C. This defense to an enforcement action shall not be available to an applicant that files a fraudulent application. Permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted to the division.

II.C. Transfer or assignment of ownership If transfer or assignment of ownership or operation of an air pollution emission source permitted pursuant to the operating permit requirements of this Part C of Regulation No. 3 is anticipated, the prospective owner or operator shall apply to the division, on division supplied administrative permit amendment forms, for reissuance of the existing permit. Part A, section III. governs the administrative permit amendment procedures required for transfer or assignment of ownership of a source subject to the operating permit requirements. No administrative permit amendment shall be complete until a written agreement containing a specific date for transfer of permit, responsibility, coverage, and liability between the current and new permittee has been submitted to the division.

II.D. Portable Sources A portable source that conducts the same or similar type activity at multiple temporary locations throughout the state may be issued a single operating permit under this Part C, provided that the operation involves at least one change in location of the source during the five year permit term. Portable sources must notify the division at least ten days in advance of each change in location. The owner or operator of a portable source must demonstrate that all applicable requirements will be met at all locations at which the source will operate before an operating permit authorizing operations at the multiple locations will be issued. Sources subject to the acid rain provisions of Title IV of the Federal Act shall not constitute portable sources. II.E. Insignificant Activities and Exemptions from Operating Permit Requirements Sources that are otherwise required to obtain an operating permit are not required to include insignificant activities from the following list in their operating permit applications, except as otherwise provided below.

None of the exemptions listed below, including emission de minimis levels, shall apply if by taking such exemption a source would avoid any specific federal or state applicable requirement, including, but not limited to, New Source Performance Standards, Regulation No. 7, Prevention of Significant Deterioration (section VI., Part D of this Regulation No. 3), nonattainment New Source Review requirements (section V. Part D of this Regulation No. 3), Title III, National Emission Standards for Hazardous Air Pollutants, Title V, and Colorado Maximum Achievable Control Technology or Generally Available Control Technology . (If the potential to emit, taking into account full design rate and continuous operation, triggers Prevention of Significant Deterioration or New Source Review requirements, the source must submit an Air Pollutant Emission Notice and apply for the appropriate permit, or must apply for a permit to limit the physical or operational capacity of the source such that the source is not considered to be a major source as defined in section I.B.24. of Part A of this regulation.).

Sources otherwise required to obtain an operating permit are required to include a list of insignificant activities in their permit applications if the insignificant activities are listed in sections II.E.1. and II.E.2., or marked with an asterisk in section II.E.3. The asterisk denotes an insignificant activity source category based on the size of the activity, emissions levels from the activity or the production rate of the activity. The owner or operator of individual emission points marked with an asterisk in section II.E.3., below, must maintain sufficient record keeping to verify that the exemption applies. Such records shall be made available for division review upon request.

The following sources are exempt from the requirement to obtain an operating permit pursuant to this Part C:

II.E.1. Sources subject to regulation or requirements pertaining to standards of performance for new residential wood heaters pursuant to Regulation No. 6; or II.E.2. Sources subject to regulation or requirements pertaining to national emissions standards for hazardous air pollutants for asbestos in the course of demolition and renovation pursuant to Regulation No. 8.

II.E.3. Certain categories of sources and activities which are considered to be insignificant contributors to air pollution as listed below. A source solely comprised of one or more of these activities are not required to obtain an operating permit pursuant to this regulation, unless the source's emissions trigger the major source threshold as defined in section I.B.24. of Part A of this Regulation No. 3 (definition of major source): II.E.3.a. *Individual emission points in nonattainment areas having uncontrolled actual emissions of any criteria pollutant (as defined in section I.B.17. of Part A of this Regulation No. 3) of less than one ton per year, and individual emission points in attainment or attainment/maintenance areas having uncontrolled actual emissions of any criteria pollutant of less than two tons per year, and each individual emission point with uncontrolled actual emissions of lead less than one hundred pounds per year, regardless of where the source is located. II.E.3.b. Individual emission points of non criteria reportable pollutants having uncontrolled actual emissions less than the de minimis levels as determined following the procedures set forth in Appendix A.

II.E.3.c. Air conditioning or ventilating systems not designed to remove air pollutants generated by or released from other processes or equipment. II.E.3.d. Fireplaces used for recreational purposes, inside or outside. II.E.3.e. Fires and equipment used for noncommercial cooking of food for human consumption, or cooking of food for human consumption at commercial food service establishments, except for char broilers and wood fired equipment (but not including campfires) in PM10 nonattainment areas. Charbroiler shall mean a cooking device in a commercial food service establishment, either gas fired or using charcoal or other fuel, upon which grease drips down upon an open flame, charcoal or embers.

II.E.3.f. Flares used to indicate danger to the public. II.E.3.g. Agriculture operations such as farming, cultivating and harvesting, seasonal crop drying, grain handling operations that are below New Source Performance Standards de minimis levels (including milling and grain elevator operations), and animal feeding operations that are not housed commercial swine feeding facilities as defined in Regulation No. 2, Part B. This exemption does not apply to an agricultural operation that: (1) is a major source (Regulation No. 3, Part A, section I.B.24.); (2) meets or exceeds the storage capacity thresholds of a federal New Source Performance Standards (Regulation No. 6, Part A); or (3) participates in the early reduction program of the Federal Act, section 112. Ancillary operations such as fueling stations located at farms or ranches are not exempt from Air Pollutant Emission Notice and permit requirements unless otherwise below the de minimis emission levels contained in this regulation, and are not exempt from other applicable regulations promulgated by the commission.

II.E.3.h. Emissions from, or construction, or alteration of residential structures, including all buildings or other structures used primarily as a place of residence, and including home heating devices.

II.E.3.i. Research laboratories II.E.3.i.(i) Noncommercial (in house) experimental and analytical laboratory equipment that is bench scale in nature including quality control/quality assurance laboratories, process support laboratories, environmental laboratories supporting a manufacturing or industrial facility, and research and development laboratories.

1. II.E.3.i.(ii) *Research and development activities that are of a small pilot scale and that process less than ten thousand pounds of test material per year; II.E.3.i.(iii) *Small pilot scale research and development projects less than six months in duration with controlled actual emissions less than five hundred pounds of any criteria pollutant or ten pounds of any non criteria reportable pollutant.

II.E.3.j. *Disturbance of surface areas for purposes of land development, that do not exceed twenty-five contiguous acres and that do not exceed six months in duration. (This does not include mining operations or disturbance of contaminated soil).

II.E.3.k. *Each individual piece of fuel burning equipment, other than smokehouse generators and internal combustion engines, that uses gaseous fuel, and that has a design rate less than or equal to five million British thermal units per hour. (See definition of fuel burning equipment in the Common Provisions Regulation). II.E.3.l. Internal combustion engines powering portable drilling rigs. II.E.3.m. *Petroleum industry flares, not associated with refineries, combusting natural gas containing no hydrogen sulfide except in trace amounts (less than five hundred parts per million weight), approved by the Colorado Oil and Gas Conservation commission and having uncontrolled emissions of any pollutant of less than five tons per year.

II.E.3.n. *Chemical storage tanks or containers that hold less than five hundred gallons, and that have an annual average throughput less than twenty-five gallons per day.

II.E.3.o. Unpaved public and private roadways, except for haul roads located within a stationary source site boundary.

II.E.3.p. Sanding of streets and roads to abate traffic hazards caused by ice and snow. II.E.3.q. Open burning activities, except that all reporting and permitting requirements that apply to such operations must be followed (see Regulation No. 9). II.E.3.r. Brazing, soldering, or welding operations that use lead based compounds. All welding that occurs strictly for maintenance purposes is exempt. II.E.3.s. Street and parking lot striping.

II.E.3.t. Battery recharging areas.

II.E.3.u. Aerosol can usage.

II.E.3.v. Sawing operations that are ancillary to facility operations and are not part of the production process.

II.E.3.w. The process of demolition and re-bricking of furnaces and kilns. This does not include subsequent operation of such furnaces or kilns. II.E.3.x. Road and lot paving operations at commercial and industrial facilities, except that asphalt and cement batch plants require Air Pollutant Emission Notices and permits, unless exempt under some other section.

II.E.3.y. Adhesive use that is not related to production. II.E.3.z. Fire training activities.

II.E.3.aa. Caulking operations that are not part of a production process. II.E.3.bb. *Landscaping and site housekeeping devices equal to or less than ten horsepower in size (lawnmowers, trimmers, snow blowers, etc.). II.E.3.cc. Fugitive emissions from landscaping activities (e.g., weeding, sweeping). II.E.3.dd. Landscaping use of pesticides, fumigants, and herbicides. II.E.3.ee. *Crude oil loading truck equipment at exploration and production sites where the loading rate does not exceed 10,000 gallons of crude oil per day averaged on an annual basis. Condensate truck loading equipment at exploration and production sites that splash fill less than 6750 barrels of condensate per year or that submerge fill less than 16308 barrels of condensate per year. II.E.3.ff. Emergency events such as accidental fires.

II.E.3.gg. Smoking rooms and areas.

II.E.3.hh. Plastic pipe welding.

II.E.3.ii. Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes.

II.E.3.jj. Beauty salons.

II.E.3.kk. Operations involving acetylene, butane, propane and other flame cutting torches.

II.E.3.ll. Pharmacies.

II.E.3.mm. *Chemical storage areas where chemicals are stored in closed containers, and where total storage capacity does not exceed five thousand gallons. This exemption applies solely to storage of such chemicals. This exemption does not apply to transfer of chemicals from, to, or between such containers. II.E.3.nn. Architectural painting, roof coating material and associated surface preparation (except for sandblasting and except for volatile organic compound emissions, associated with surface preparation, above Air Pollutant Emission Notice de minimis levels) for maintenance purposes at industrial or commercial facilities. II.E.3.oo. Emissions of air pollutants that are not criteria or non-criteria reportable pollutants (see sections I.B.17. and I.B.29. of Part A of this regulation). These emissions include methane, ethane and carbon dioxide.

II.E.3.pp. Janitorial activities and products.

II.E.3.qq. Grounds keeping activities and products.

II.E.3.rr. Sources of odorous emissions that do not utilize emission control equipment for control of odorous emissions. This exemption applies to the odor emissions only. All other emissions are subject to other exemptions set forth in this regulation. This exemption does not exempt any source from the requirements of Regulation No. 2.

II.E.3.ss. Truck and car wash units.

II.E.3.tt. Office emissions, including cleaning, copying, and restrooms. II.E.3.uu. *Oil production wastewater (produced water tanks), containing less than one percent by volume annual average crude oil, except for commercial facilities that accept oil production wastewater for processing.

II.E.3.vv. Electrically operated curing ovens, drying ovens and similar activities, articles, equipment, or appurtenances. This exemption applies to the ovens only, and not to the items being dried in the ovens.

II.E.3.ww. Equipment used exclusively for portable steam cleaning. II.E.3.xx. Blast-cleaning equipment using a suspension of abrasive in water and any exhaust system or collector serving them exclusively.

II.E.3.yy. Commercial laundries (except dry cleaners) that do not burn liquid or solid fuel. II.E.3.zz. Storage of butane, propane, or liquefied petroleum gas in a vessel with a capacity of less than sixty thousand gallons, provided the requirements of Regulation No. 7, section IV. are met, where applicable. II.E.3.aaa. Storage tanks of capacity less than forty thousand gallons of lubricating oils or waste lubricating oils.

II.E.3.bbb. *Venting of compressed natural gas, butane or propane gas cylinders, with a capacity of one gallon or less.

II.E.3.ccc. *Fuel storage and dispensing equipment in ozone attainment areas operated solely for company-owned vehicles where the daily fuel throughput is no more than four hundred gallons per day, averaged annually. Sources in the Denver 1- hour ozone attainment/maintenance area must utilize Stage 1 vapor recovery on all tanks greater than five hundred and fifty gallons capacity, as required by Regulation No. 7, in order to take this exemption.

II.E.3.ddd. *Crude oil storage tanks with a capacity of 40,000 gallons or less. II.E.3.eee. Indirect sources are exempt until a (permit) regulation specific to indirect sources is promulgated by the commission.

II.E.3.fff. *Storage tanks meeting all of the following criteria: II.E.3.fff.(i) Annual throughput is less than four hundred thousand gallons; and II.E.3.fff.(ii) The liquid stored is one of the following: II.E.3.fff.(ii)(A) Diesel fuels 1-D, 2-D, or 4-6;

1. II.E.3.fff.(ii)(B) Fuel oils #1 - #6;
   1. II.E.3.fff.(ii)(C) As turbine fuels 1 - GT through 4 - GT; II.E.3.fff.(ii)(D) An oil/water mixture with a vapor pressure less than or equal to that of diesel fuel (Reid vapor pressure of .025 psia). II.E.3.ggg. Each individual piece of fuel burning equipment that uses gaseous fuel, and that has a design rate less than or equal to ten million British thermal units per hour, and that is used solely for heating buildings for personal comfort. II.E.3.hhh. Natural gas vehicle fleet fueling facilities. II.E.3.iii. Electric motors driving equipment at non-commercial machining shops. II.E.3.jjj. Recreational swimming pools.

II.E.3.kkk. Forklifts.

II.E.3.lll. Handling equipment and associated activities for glass that is destined for recycling.

II.E.3.mmm. Containers, reservoirs, or tanks used exclusively for dipping operations, that contain no organic solvents, for coating objects with oils, waxes, greases, or natural or synthetic resins.

II.E.3.nnn. Emergency power generators that:

1. II.E.3.nnn.(i) Have a rated horsepower of less than 260 or; II.E.3.nnn.(ii) *Operate no more than 250 hours per year and have a rated horsepower of less than 737; or II.E.3.nnn.(iii) *Operate no more than 100 hours per year and have a rated horsepower of less than 1,840.

II.E.3.ooo. The collection, transmission, liquid treatment, and solids treatment processes at domestic wastewater treatment works, or treatment facilities that treat only domestic type wastewater, except for combustion processes. II.E.3.ppp. Gasoline stations located in ozone attainment areas. II.E.3.qqq. *Surface mining activities that mine seventy thousand tons or fewer of product material per year. A fugitive dust control plan is required for such sources. Crushers, screens and other processing equipment activities are not included in this exemption.

II.E.3.rrr. Composting piles, however, all odor requirements of Regulation No. 2 must be met.

II.E.3.sss. Fugitive emissions of hazardous air pollutants that are natural constituents of native soils and rock (not added or concentrated by chemical or mechanical processes) from under ground mines or surface mines unless such source is a major source of hazardous air pollutants under Part C of this Regulation No. 3. II.E.3.ttt. The use of pesticides, fumigants, and herbicides when used in accordance with requirements established under the federal Insecticide, Fungicide and Rodenticide Act as established by the U.S. EPA (United States Code Title 7, Section 136 et seq.).

II.E.3.uuu. Ventilation of emissions from mobile sources operating within a tunnel, garage, or building.

II.E.3.vvv. Non-asbestos demolition.

II.E.3.www. Sandblast equipment when the blast media is recycled and the blasted material are collected.

II.E.3.xxx. Stationary internal combustion engines:

1. II.E.3.xxx.(i) *Less than or equal to 175 horsepower which operate less than 1,450 hours per year.
   1. II.E.3.xxx.(ii) *Greater than 175 horsepower and less than or equal to 300 horsepower which operate less than 850 hours per year.

      II.E.3.xxx.(iii) *Greater than 300 horsepower and less than or equal to 750 horsepower which operate less than 340 hours per year.

II.E.3.yyy. Surface water storage impoundment of non-potable water and storm water evaporation ponds.

II.E.3.zzz. Non-potable water pipeline vents.

II.E.3.aaaa. Steam vents and safety release valves.

II.E.3.bbbb. Deaerator/vacuum pump exhausts.

II.E.3.cccc. Seal and lubricating oil systems for steam turbine electric generators. II.E.3.dddd. Venting of natural gas lines for safety purposes. II.E.3.eeee. Chemical storage tanks II.E.3.eeee.(i) *Sulfuric acid storage tanks not to exceed ten thousand five hundred gallons capacity.

1. II.E.3.eeee.(ii) *Sodium hydroxide storage tanks.

II.E.3.ffff. Wet screening operations notwithstanding the applicability of the New Source Performance Standards included in the Code of Federal Regulations, Title 40, Part 60, Subpart OOO.

II.E.3.gggg. *Any condensate storage tank with a production rate of 730 barrels per year or less or condensate storage tanks that are manifold together with a production rate of 730 barrels per year or less that are owned and operated by the same person, and are located at exploration and production sites. II.F. Sources that are not required by this Part C to obtain an operating permit may elect to apply for, and may be issued, an operating permit. Any such permit issued must contain terms and conditions sufficient to satisfy the requirements of this regulation. II.G. All federally enforceable terms and conditions in an operating permit, including any provisions designed to limit a source's potential to emit, are enforceable by the Administrator, as well as citizens pursuant to United States Code Title 42, Section 7604.

III. Operating Permit Application Requirements III.A. Option for pre application meeting Prior to submitting an application for a permit an applicant may request and, if so requested, the division shall grant, a pre application meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications and the data required to be furnished with the permit application, based on the best information available from the applicant at the time. Failure of the division to identify all requirements and information does not exempt the source from compliance with applicable requirements or these regulations.

III.B. Application for operating permit and combined construction/operating permit applications III.B.1. An application for an operating permit shall be prepared on forms supplied by the division that meet all the requirements of the Federal Act. Applicants shall submit sufficient copies of their applications for provision of copies to the Administrator, affected states and county clerks as required by sections V.B.5., VI., and IX. of this Part C. III.B.2. Each source required to obtain an operating permit pursuant to section III. of this Part C, for the first time, shall submit an application for such a permit no later than twelve months after the source becomes subject to the operating permit requirement. A source that becomes subject to the operating permit program by operation of law, such as the adoption of new legal requirements, shall submit an application for an operating permit within twelve months of the effective date of such new legal requirements unless otherwise specified by the requirements. A new source or an existing source that modifies in a way that renders it newly subject to the operating permit requirements, shall submit a complete application for an operating permit within twelve months of commencing operation, except as otherwise provided herein. Modifications made to a source with an operating permit, through a permit issued under Part B of this regulation shall apply for a modification to their operating permit within twelve months of startup. A new source (including any significant modification), shall meet the applicable requirements of Part B.

III.B.3. Reserved.

III.B.4. Reserved.

III.B.5. All other major sources existing on January 1, 1995 shall submit their operating permit applications unless otherwise notified by the division. III.B.6. Each source subject to an operating permit shall submit an application for renewal of the operating permit at least twelve months, but not more than eighteen months, prior to the expiration of the operating permit. All of the provisions governing the application for and issuance of operating permits are applicable to applications for renewal of operating permits, except that an application for permit renewal may address only those portions of the permit that require revision, supplementing, or deletion, incorporating the remaining permit terms by reference from the previous permit. A copy of any materials incorporated by reference must be included with the application. The division may choose to issue a draft renewal or proposed renewal permit specifying only those portions that will be revised, supplemented, or deleted, incorporating the remaining permit terms by reference. All requirements for compliance plans, compliance schedules and compliance certifications found in sections III.B.7., III.B.8., and III.C.8. through III.C.13. of this Part C, are applicable to the entire operating permit upon renewal.

III.B.7. A source required to obtain a construction permit pursuant to Part B of this Regulation No. 3 may submit an application for a combined construction permit and operating permit on a standard application form supplied by the division prior to commencing construction, modification, installation or commencement of any activities or operations for which a construction permit is required pursuant to Part B. In accordance with the provisions of Part B, a source applying for a combined construction/operating permit cannot construct before issuance of a permit.

III.B.8. Applications shall be signed by a responsible official who shall also sign the compliance certification on the application. The compliance certification shall include: (a) a certification of compliance with all applicable requirements; (b) a statement of methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods; (c) a schedule for submission of compliance certifications during the permit term not less than annually, or more frequently as specified by the terms and conditions of the permit; (d) a statement indicating the source's compliance status with any applicable compliance assurance monitoring and compliance certification requirements; (e) if applicable to a source, a statement indicating the source has properly registered its risk management plan required pursuant to section 112(r) of the Federal Act. Compliance certifications for state only conditions shall be separate from compliance certifications required under the Federal Act, and shall only be required for sources of such state only conditions seeking the operational flexibility provisions of sections X., XI., and XII. of this Part C. Sources seeking protection under the terms of the permit shield for such state only conditions, or sources of state only conditions are otherwise required to obtain an operating permit pursuant to the state Act. III.B.9. Each application form, report and compliance certification submitted pursuant to this regulation shall contain a certification by a responsible official of the truth, accuracy and completeness of such form, report or certification stating that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete.

III.C. Complete applications The applicant shall furnish all information and data required by the division to evaluate the permit application and to make its preliminary analysis in accordance with section IV. of this Part C including, but not limited to:

III.C.1. Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and name of plant site manager/contact;

III.C.2. A description of the source's processes and products (by standard industrial classification code) including any associated with alternate scenarios identified by the source; III.C.3. The following emission-related information:

III.C.3.a. All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under section II.E. of this Part C, and all additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source and other information necessary to collect any permit fees owed pursuant to section VI. of Part A of this regulation; III.C.3.b. Identification and description of all points of emissions described in section III.C.3.a., above, in sufficient detail to establish the basis for fees and applicability of requirements of the Federal Act;

III.C.3.c. Emissions rate in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method; III.C.3.d. The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules;

III.C.3.e. Identification and description of air pollution control equipment and compliance monitoring devices or activities;

III.C.3.f. Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated air pollutants at the source; III.C.3.g. Other information required by any applicable requirement, including information related to stack height limitations developed pursuant to United States Code Title 42, Section 7423 (Part A, section VIII. of this Regulation No. 3); and III.C.3.h. Calculations on which the information required in sections III.C.3.a. through III.C.3.g. are based.

III.C.4. The following air pollution control requirements: III.C.4.a. Citation and description of all applicable requirements, and III.C.4.b. Description of, or reference to, any applicable test method for determining compliance with each applicable requirement.

III.C.5. Other specific information that may be necessary to implement and enforce other applicable requirements of the Federal Act or of this section III., or to determine the applicability of such requirements.

III.C.6. An explanation of any proposed exemptions from otherwise applicable requirements. III.C.7. Additional information as determined to be necessary by the division to define alternative operating scenarios identified by the source pursuant to section IV.A. of Part A of this regulation, or to define permit terms and conditions implementing section XII. of this Part C.

III.C.8. A compliance plan which contains: (a) a description of the compliance status of the source with respect to all applicable requirements; (b) for applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements; (c) for applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis; and (d) for requirements for which the source is not anticipated to be in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements.

III.C.9. A compliance schedule which contains: (a) for applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements; or (b) for applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy the provision, unless a more detailed schedule is expressly required by the applicable requirement; and (c) a schedule of compliance for sources that are not anticipated to be in compliance at the time of permit issuance. This schedule shall include a schedule of enforceable remedial milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

III.C.10. A schedule for submission of progress reports no less frequently than every six months for sources required to have a schedule of compliance to remedy a violation. III.C.11. The compliance plan content requirements specified in this section shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Federal Act, Code of Federal Regulations Title 40, Part 72, with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations. III.C.12. Data necessary to allow the division to determine whether the source complies with: III.C.12.a. All applicable emission control regulations; III.C.12.b. Applicable regulations for the control of hazardous air pollutants; III.C.12.c. Requirements of the nonattainment and attainment programs, sections V. and

1. VI. of Part D of this regulation; and III.C.12.d. Any applicable ambient air quality standards (for temporary sources and new or modified sources applying for a combined construction/operating permit only). When the data includes modeling, the model used shall be an appropriate one given the topography, meteorology, and other characteristics of the region that the source will impact; and III.C.12.e. All applicable regulations.

III.C.13. Copies of Air Pollutant Emission Notices on file with the division indicating production/process rates for which the operating permit is to be evaluated, or, if Air Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant Emission Notice(s) shall be submitted in accordance with Part A, section II. The Air Pollutant Emission Notice fee will not be charged for submission of copies of current Air Pollutant Emission Notice(s) previously filed with the division.

III.D. Operating Permit Renewal In submitting an application for renewal of an operating permit issued under these regulations, a source may identify terms and conditions in its previous permit that remain unchanged and incorporate by reference those portions of its existing permit and the permit application and any permit amendments or modification applications that describe products, processes, operations, and emissions to which those terms and conditions apply. The source must identify specifically and list which portions of its previous permit and/or applications that are incorporated by reference. In addition, a renewal application must contain: III.D.1. Information for those products, processes, operations, and emissions, in accordance with the provisions of this Part C, that:

III.D.1.a. Are not addressed in the existing permit;

III.D.1.b. Are subject to applicable requirements that are not addressed in the existing permit; or III.D.1.c. Are permit terms and conditions that differ from those in the existing permit. III.D.2. A compliance plan, schedule, and certification requirements for the entire permit in accordance with this Part C.

III.E. A major source may comply with this section through any one of the following methods: III.E.1. The source may obtain a single permit for all relevant emission points located within a contiguous or adjacent area under common control (whether or not falling under the same two digit standard industrialized code);

III.E.2. The source may obtain separate permits for separate emission points or groups of emission points, or III.E.3. The division may issue a permit covering one or more emission points eligible for coverage under a general permit and the source may obtain a separate permit or permits for emission points not eligible for such coverage.

III.F. The acid rain portions of permit applications shall be made on nationally standardized forms pursuant to regulation promulgated by the Administrator at Code of Federal Regulations Title 40, Part 72.

IV. Processing Of Applications IV.A. Standards for application determinations The division shall evaluate operating permit applications and combined construction/operating permit applications. The evaluation of permit applications shall consider, for the construction permit portion, whether operation of the proposed new source at the date of start-up, and for operating permits whether the permitted emissions, will comply with all applicable emissions control regulations, regulations for the control of hazardous air pollutants, applicable ambient air quality standards and regulations, requirements for the prevention of significant deterioration of air quality that is better than the National Ambient Air Quality Standards, and nonattainment and attainment/maintenance area requirements. The submittal of a complete application shall not affect the requirement that any source have a construction permit pursuant to Part B of this Regulation No. 3, except as otherwise required herein.

IV.B. Completeness determinations IV.B.1. An application for an operating permit or a combined construction permit/operating permit, will not be deemed to be complete until all information and data required to evaluate the application have been submitted to the division. Within sixty calendar days after the receipt of an application or any supplemental information requested by the division, the division will give notice to the applicant if and in what respect the application is incomplete. If the division fails to notify an applicant that the application is incomplete within sixty calendar days of receipt of the original application or receipt of the requested supplemental information, the application shall be deemed to have been complete as of the day of receipt by the division of the application or the last submitted supplemental information, whichever is later, for the purposes specified in section II.B. of this Part C (concerning the application shield). Nothing herein precludes the division from requesting further information about the source in order to process the permit application. If the division concludes that the application is not complete, it shall inform the applicant of the additional information that must be submitted prior to consideration of the application. No completeness determination shall be required for applications for administrative or minor permit modification procedures under section III. of Part A of this regulation, or sections X. and XI. of this Part C.

IV.B.2. The division shall review each application submitted to determine whether it is complete. An application shall be deemed to be complete when it contains the information required by sections III.B., III.C., and III.D. of this Part C in sufficient detail for the division to evaluate the subject source and the permit application, to determine all applicable requirements and to calculate all applicable fees.

IV.B.3. A source shall supplement its permit application to correct or update information provided in its initial submission as soon as it becomes aware of any omissions or incorrect information submitted or to address changes made to the source after submission of the application, but prior to public notice as provided in section VI. of this Part C. IV.B.4. A source shall supplement its permit application to address any requirements that become applicable to the source after the date the source submitted its application, but prior to issuance of a draft permit.

IV.C. Permit application processing timeframes For operating permit applications, or for combined construction and operating permit applications, the division shall approve or disapprove the permit application within eighteen months of receipt of a complete application. Permit processing timeframes for operating permit applications for affected sources under the acid rain provisions shall be governed by Code of Federal Regulations Title 40, Part 72. If a timely and complete application is filed, but the division fails to issue or deny a renewal operating permit prior to expiration of the operating permit for which a source is seeking renewal, the previously issued operating permit, and all of its terms and conditions, shall not expire until the renewal operating permit is issued and any previously extended permit shield continues in full force and operation.

To the extent feasible, applications shall be acted upon in the order received except that priority shall be given to taking final action on applications for construction or modification under Title I, Parts C and Part D, of the Federal Act. Final action on such applications shall be taken within twelve months following receipt of a complete application. IV.D. Requests for additional information If, after an application is deemed complete, the division determines that additional information is necessary to evaluate or take final action on an application, the division shall request necessary information in writing and set a reasonable deadline for response. Additional information submitted within the deadline will be evaluated by the division. If the applicant fails to provide the requested information or does not meet the deadline, the source's ability to operate without a permit shall terminate on the date of the deadline as provided in section II.B. of this Part C.

V. Operating Permit Issuance, Renewals And Modifications V.A. Except as provided below, the division shall not issue, reissue or renew an operating permit until the source has obtained a final approval construction permit for all emission units pursuant to Regulation No. 3, Part B, section III.G. However, nothing in this section shall preclude the division from issuing, reissuing, or renewing an operating permit if the holder of an initial approval construction permit has not commenced operation of the new construction or modification authorized by that construction permit.

When the source has not demonstrated compliance with the terms of an initial approval construction permit as required pursuant to Regulation No. 3, Part B, section III.G., or has not obtained a final approval construction permit as required above, the division may issue, reissue or renew an operating permit under the following circumstances: V.A.1. If the source has not demonstrated compliance under the provisions of Regulation No. 3, Part B, section III.G., and the source is not anticipated to be in compliance at the time of the operating permit issuance with any of the terms or conditions of the initial approval construction permit, the operating permit must contain a compliance plan and compliance schedule that meets the requirements of this Part C, sections III.C.8., III.C.9., and III.C.10., with respect to those permit term(s). In that instance, the deviation reporting required under this Part C, section V.C.7.b. may, at the division’s discretion, serve as the demonstration required pursuant to Regulation No. 3, Part B, section III.G. and no final approval construction permit will be issued; or V.A.2. If the source has not demonstrated compliance under the provisions of Regulation No. 3, Part B, section III.G., and the source anticipates being in compliance at the time of the operating permit issuance with all of the terms or conditions of the initial approval construction permit, the division can elect to allow the initial approval construction permit to continue in full force and effect pursuant Regulation No. 3, Part B, section III.G.4. In that instance, the first deviation report after permit issuance as required under this Part C, section V.C.7.b. may, at the division’s discretion, serve as the demonstration required pursuant to Regulation No. 3, Part B, section III.G., and no final approval construction permit will be issued; or V.A.3. If the source has demonstrated compliance under the provisions of Regulation No. 3, Part B, section III.G. but not yet received a final approval construction permit, the division may, at its discretion, elect to either issue a final approval construction permit or allow the initial approval construction permit to continue in full force and effect. The division shall provide written notice to the permittee of its election. V.B. An operating permit, permit modification or permit renewal shall be issued only upon a determination by the division that the following criteria have been met: V.B.1. The division has received a complete application for a permit, permit modification, or permit renewal;

V.B.2. Public comment and hearing requirements, except for modifications qualifying for minor permit modification procedures or administrative permit revisions; V.B.3. Requirements for notifying and responding to affected states pursuant to section IX. of this Part C. This section is not applicable to minor sources that voluntarily apply for an operating permit for purposes of sections X., XI., and XII., unless the source is required to have federally enforceable emissions limitations to be considered a minor source, nor to major sources of Colorado-only Hazardous Air Pollutants subject to the operating permit requirements solely due to state-only conditions under the state Act; V.B.4. Permit conditions provide for compliance with all applicable requirements and the requirements of this Regulation No. 3; and V.B.5. The Administrator has received a copy of the proposed permit and has not objected to its issuance within forty-five days of receipt of the proposed permit and all necessary supporting information. This section is not applicable to minor sources that voluntarily apply for an operating permit for purposes of sections X., XI., and XII., unless the source is required to have federally enforceable emissions limitations to be considered a minor source, nor to major sources of Colorado-only Hazardous Air Pollutants subject to the operating permit requirements solely due to state only conditions under the state Act. V.B.6. The Administrator's objection to permit issuance shall be based on a determination that the proposed permit will not be in compliance with applicable requirements or requirements of Code of Federal Regulations Title 40, Part 70. Any such objection shall include a statement of the Administrator's reasons for objecting and a description of the terms and conditions that the permit must include to respond to the objection. Failure of the division to do any of the following shall also constitute grounds for an objection by the Administrator:

V.B.6.a. Failure to comply with the provisions of section V.F. of this Part C for submission of copies of permit applications, proposed permits, and final permits to the Administrator;

V.B.6.b. Failure to comply with the provisions of section IX. of this Part C for review by affected states;

V.B.6.c. Failure to submit any information to the Administrator necessary to review adequately the proposed permit; or V.B.6.d. Failure to comply with the provisions of section VI. of this Part C for public participation.

V.B.7. If the division fails, within ninety days after an objection by the Administrator, to revise and submit a proposed permit in response to the objection, the Administrator will issue or deny the permit in accordance with the requirements of the federal program promulgated under Title V of the Federal Act.

V.B.8. The permit applicant has paid all applicable hourly fees as set forth in Part A, section VI. of this Regulation No. 3.

V.C. An operating permit shall contain, at a minimum, the following: V.C.1. Emissions limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance, including:

V.C.1.a. The permit shall specify and reference the origin of and authority for each term and condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based; and V.C.1.b. The permit shall state that, where an applicable requirement of the Federal Act is more stringent than an applicable requirement of regulations promulgated under Title IV of the Federal Act, Code of Federal Regulations Title 40, Part 72, both provisions shall be incorporated into the permit and shall be federally enforceable; and V.C.1.c. If allowed by the state implementation plan, an alternative emissions limitation that is at least as stringent as an applicable requirement may be substituted for an applicable requirement as a permit term or condition, so long as the permit containing such equivalency determination contains provisions to ensure that any resulting emissions limitation is quantifiable, accountable, enforceable and based on replicable procedures.

V.C.2. The permit term shall be five years.

V.C.3. The effective date and termination date of the permit shall be specifically identified in the permit.

V.C.4. A statement of all monitoring and related record keeping and reporting requirements shall be specifically identified in the permit.

V.C.5. Each permit shall contain the following requirements with respect to monitoring: V.C.5.a. All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any required procedures and methods for compliance assurance monitoring and compliance certification requirements;

V.C.5.b. Where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring, periodic monitoring, or record keeping, sufficient to yield reliable data for the relevant time period that are representative of the source's compliance with the permit as required to be reported pursuant to section V.C.16.e. of this Part C. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirements. V.C.5.c. As necessary, requirements concerning the use, maintenance and, where appropriate, installation of monitoring equipment or methods. V.C.6. Each permit shall incorporate all applicable record keeping requirements and require, where applicable, the following:

V.C.6.a. Records of required monitoring information, which includes the following: V.C.6.a.(i) Date, place, as defined in the permit, and time of sampling or measurements;

1. V.C.6.a.(ii) Date(s) on which analyses were performed;
   1. V.C.6.a.(iii) The company or entity that performed the analysis; V.C.6.a.(iv) The analytical techniques or methods used; V.C.6.a.(v) The results of such analysis; and V.C.6.a.(vi) The operating conditions as existing at the time of sampling or measurement.

V.C.6.b. The retention of records of all required monitoring data and support information for a period of at least five years from the date of the monitoring sample, measurement, report or application. Support information, for this purpose, includes all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. The applicant may, with the division's approval, maintain any of the above records in a computerized form. Sources must retain records of all required monitoring data and support information for the most recent twelve month period, as well as compliance certifications for the past five years on site at all times. A source shall make available for division review all other records of required monitoring data and support information required to be retained by a source upon forty-eight hours advance notice by the division. V.C.6.c. A permittee may request confidential treatment for information in any report submitted under this section pursuant to the limitations and procedures set forth in section VII. of Part A of this Regulation No. 3.

V.C.7. Each permit shall incorporate all applicable reporting requirements, and shall require the following:

V.C.7.a. Submittal of all reports of any required monitoring at least every six months except as otherwise required on a more frequent basis pursuant to compliance assurance monitoring rules or other applicable requirements. The division may approve alternative reporting formats and schedules proposed by an applicant consistent with the requirements of this section, allowing for coordination with other reporting requirements for that source. All instances of deviations from any permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with section III.B.8. of this Part C;

V.C.7.b. Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. Each permit shall contain a definition of prompt reporting in relation to the degree and type of deviation likely to occur and the applicable requirements. Generally "prompt" reporting shall entail reporting as required in section V.C.7.a., above, requiring submission of reports of deviations from permit requirements at least every six months, except as otherwise specified by the division in the permit. Prompt reporting, for this purpose, does not constitute an exception to the requirements of section VII. relating to reporting of emergency events for the purpose of avoiding enforcement actions.

V.C.8. A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Federal Act or the regulations promulgated there under at Code of Federal Regulations Title 40, Part 72.

V.C.9. State only permit terms and conditions shall be listed separately on the operating permit. All procedural requirements of this Part C may apply to such state only conditions, except as otherwise required by the state Act, in order for sources to obtain the permit shield and all operational flexibility provisions. The permit shall also contain a specific designation as not being federally enforceable any state only terms and conditions included in the permit that are not required under the Federal Act or under any of its applicable requirements. A source may choose to obtain a separate construction permit pursuant to Part B for such state only requirements, except as otherwise required under the state Act; V.C.10. A severability clause that demands the continued validity of the various permit requirements in the event of a challenge to any portion of the permit; V.C.11. Provisions stating the following permit terms and conditions: V.C.11.a. The permittee must comply with all conditions of the permit issued under this Part C. Any permit noncompliance relating to federally enforceable terms or conditions constitutes a violation of the Federal Act, as well as the state Act and this regulation. Any permit noncompliance relating to state only terms or conditions constitutes a violation of the state Act and this regulation, shall be enforceable pursuant to state law, and shall not be enforceable by citizens under section 304 of the Federal Act. Any such violation of the Federal Act, the state Act or regulations implementing either statute is grounds for enforcement action, for permit termination, revocation and reissuance or modification or for denial of a permit renewal application.

V.C.11.b. It shall not be a defense for a permittee in an enforcement action or a consideration in favor of a permittee in a permit termination, revocation or modification action or action denying a permit renewal application that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit;

V.C.11.c. The permit may be modified, revoked, reopened, and reissued, or terminated for cause. The filing of any request by the permittee for a permit modification, revocation and reissuance, or termination, or any notification of planned changes or anticipated noncompliance does not stay any permit condition, except as provided in sections X. and XI. of this Part C;

V.C.11.d. The permit does not convey any property rights of any sort, or any exclusive privilege;

V.C.11.e. The permittee shall furnish to the division, within a reasonable time specified by the division, any information that the division may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the division copies of records required to be kept by the permittee, including information claimed to be confidential. Any information subject to a claim of confidentiality shall be specifically identified and submitted separately from information not subject to the claim; V.C.12. A requirement that the permittee shall pay to the division all applicable fees required by the state Act and regulations.

V.C.13. A provision that no permit revision shall be required under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are specifically provided for in the permit; V.C.14. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application for a permit and approved by the division, in accordance with section IV.A. of Part A of this regulation.

V.C.15. Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility, in accordance with section IV.B. of Part A.

V.C.16. The following elements with respect to compliance: V.C.16.a. Consistent with sections III.B.7., III.B.8., III.C.8. through III.C.13., and V.C.4. through V.C.7. of this Part C, compliance, certification, testing, monitoring, reporting, and record keeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document (including reports) required by an operating permit shall contain a certification by a responsible official that meets the requirements of section III.B.8. of this Part C; V.C.16.b. Inspection and entry requirements that require, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the division or any authorized representative to perform the following: V.C.16.b.(i) Enter upon the permittee's premises where an operating permit source is located, or emissions-related activity is conducted, or where records must be kept under the terms of the permit;

1. V.C.16.b.(ii) Have access to, and copy, at reasonable times, any records that must be kept under the conditions of the permit;
   1. V.C.16.b.(iii) Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit. The permittee shall provide, as part of its permit application, a list of any specialized safety equipment which may be necessary for use by an inspector; and V.C.16.b.(iv) Any sampling or monitoring of substances or parameters at reasonable times for the purpose of assuring compliance with the permit or applicable requirements;

V.C.16.c. A schedule of compliance consistent with section III.C. of this Part C; V.C.16.d. Progress reports consistent with an applicable schedule of compliance and section III.C. of this Part C, to be submitted at least semiannually or at a more frequent period if so specified in the applicable requirement or by the division. Such progress reports shall contain the following:

1. V.C.16.d.(i) Dates for achieving the activities, milestones, or compliance required in the schedule for compliance, and dates when such activities, milestones, or compliance were achieved; and V.C.16.d.(ii) An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.

V.C.16.e. Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:

1. V.C.16.e.(i) The frequency (which shall not be less than annually or such more frequent periods as specified in the applicable requirement or by the division) of submission of compliance certifications;
   1. V.C.16.e.(ii) In accordance with sections V.C.4. through V.C.7. of this Part C, a means of monitoring the compliance of the source with its emissions limitations, standards and work practices;

      V.C.16.e.(iii) A requirement that the compliance certification include the following: V.C.16.e.(iii)(A) The identification of each permit term and condition that is the basis of the certification;

      1. V.C.16.e.(iii)(B) The compliance status;
         1. V.C.16.e.(iii)(C) Whether compliance was continuous or intermittent; V.C.16.e.(iii)(D) The method(s) used for determining the compliance status of the source, currently and over the reporting period, consistent with sections V.C.4. through V.C.7. of this Part C; and whether the data collection using the methods referenced for compliance certification provide continuous or intermittent data; and V.C.16.e.(iii)(E) Such other facts as the division may require to determine the compliance status of the source.

      V.C.16.e.(iv) A requirement that all compliance certifications shall be submitted to the Administrator as well as to the division. This requirement shall not apply to sources subject to the operating permit requirements solely due to state only conditions pursuant to the state Act; V.C.16.e.(v) Any additional requirements for compliance assurance monitoring and compliance certification;

      V.C.16.e.(vi) Such other provisions as the division may require. V.C.17. If a source is required to develop and register a risk management plan pursuant to section 112(r) of the Federal Act, the permit shall only refer to such plan and state the source's compliance with such registration requirement. The content of the risk management plan will not be incorporated as a permit term. V.D. The permit shield shall extend to applicable requirements that are included and specifically identified in the permit. Upon request, the division shall include in the permit a determination identifying specific requirements that do not apply to the source. The source shall specify in its permit application for such a determination the requirements as to which the determination is requested. The permit shall state that the permit shield applies to any requirements so identified. A request for a determination to extend the shield to requirements deemed applicable to the source may be made either in the original permit application or in a subsequent application for a permit modification.

V.E. If the division denies a permit, imposes conditions on a permit that are contested by the applicant, revokes a permit, or requires a permit from a source that may qualify for an exemption, the applicant or owner or operator of the source may request a hearing before the commission in accordance with the commission’s Procedures for Adjudications. The request for a hearing must be filed with the commission within thirty days after the issuance of the permit, denial or revocation. The hearing shall be held in accordance with Colorado Revised Statute sections 25- 7-119 and 24-4-105 and the commission’s Procedures for Adjudications. V.F. The division shall submit to the Administrator a copy of each permit application (including any application for permit modification), each proposed permit, and each final operating permit.

VI. Public Participation Requirements VI.A. Except for modifications qualifying for administrative permit amendments, minor permit modification procedures and operational flexibility provisions, as described in sections X., XI., and XII. of this Part C, sections III. and IV. of Part A, and except for applications for coverage under general operating permits as described in section VIII. of this Part C, all permit proceedings, including initial permit issuance, significant modifications, re-openings and renewals, and are subject to public notice, comment and opportunity for public hearing requirements. A minor source voluntarily applying for an operating permit is not subject to the public participation requirements of this Part C unless the source is required to have a federally enforceable emission limitation to be considered a (synthetic) minor source. Minor sources that are not synthetic minors and major sources of Colorado-only Hazardous Air Pollutants subject to the operating permit requirements solely due to state-only conditions shall be subject to the public participation requirements where warranted in accordance with the provisions of Part B of this Regulation No. 3. VI.B. The division shall, within fifteen calendar days after the preparation of the preliminary analysis, cause public notice of the application to be published in a newspaper of general distribution in the area in which the proposed project or activity is or will be located, and by such other means if necessary to assure notice to the affected public, which may include posting of such notice on the publicly accessible portion of the division’s web site, and cause a copy of the preliminary analysis and application to be filed with the county clerk for each county in which the source is or will be located. The division shall send written or electronic notice to the applicant, to persons requesting notice of permit applications for the type of source or geographic area and to affected states. The newspaper notice shall contain the information listed below in VI.B.1. through VI.B.9. The division’s web site notice shall contain all the following information in sections VI.B.1. through VI.B.15.:

VI.B.1. The name and address of the permittee;

VI.B.2. The name and address of the affected facility;

VI.B.3. The division's name and address;

VI.B.4. The activity or activities proposed in the permit application; VI.B.5. The emissions change involved in any permit modification; VI.B.6. The name, address, and telephone number of a division staff contact from whom interested persons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials, the compliance plan, the monitoring and compliance certification report, and all other materials available to the division that are relevant to its permit decision;

VI.B.7. Information regarding scheduling of any public comment hearing if one is requested; VI.B.8. That the division will receive and consider public comments for thirty calendar days after such publication;

VI.B.9. The division's preliminary determination of approval, conditional approval, or disapproval of the application;

VI.B.10. That any interested person may submit a written request for a public comment hearing to be held by the commission to receive comments regarding the concerns listed in sections VI.B.11. through VI.B.15., below, the sufficiency of the preliminary analysis, and whether the division should approve or deny the permit application. Any written request for a public comment hearing must be submitted to the division within thirty days of publication;

VI.B.10.a. Written requests for a public comment hearing shall be directed to the division's office at 4300 Cherry Creek Drive South, Denver, Colorado 80246- 1530;

VI.B.10.b. Requests shall: (i) identify the individual or group applying; (ii) state his or her address and phone number; (iii) state the reasons for the request; (iv) state the manner in which the person is affected by the proceedings; and (v) provide an explanation of why the person's interests are not already adequately represented.

VI.B.11. That comments concerning the ability of the proposed activity to comply with applicable requirements are solicited from any interested person;

VI.B.12. That comments are solicited on the air quality impacts of the source or modification; VI.B.13. That comments are solicited on alternatives to the source or modification; VI.B.14. That comments are solicited on the control technology required; VI.B.15. That comments are being solicited on any other appropriate air quality considerations. VI.C. Within fifteen calendar days after the preparation of the preliminary analysis for those applications subject to the requirements of this Part C, the division shall forward to the applicant written notice of the applicant's right to a public comment hearing with respect to the application pursuant to section 1.7.0. of the commission’s procedural rules.

VI.D. A public comment hearing request pursuant to section VI.B. of this Part C must be transmitted by the division to the commission, along with the complete permit application, the preliminary analysis, the draft permit, and any written comments received by the division within five days after the end of the thirty-day comment period. At least thirty days prior to the date set for the public comment hearing, the notice of public comment hearing, the preliminary analysis and the draft permit shall be posted on the division’s web site. No substantive revisions shall be made to the draft permit during the thirty days prior to the public comment hearing. The applicant may submit, within ten days following the close of the public comment period, a response to any comments made. Nothing herein shall impede the division's ability to meet required processing timeframes or other required time periods contained in this regulation. VI.E. The commission shall hold a public comment hearing within sixty days of its receipt of the request for a hearing pursuant to section VI.B. or VI.C. of this Part C, unless such greater time is agreed to by the applicant and the division. The division shall appear at the public comment hearing in order to present the permit application. At least thirty days prior to such hearing, notice thereof shall be mailed by the commission to the applicant, and to any interested person who submitted a request for a public hearing, printed in a newspaper of general distribution in the area of the proposed source or modification, and submitted for public review with the county clerk for each county in which the source or modification is or will be located. VI.F. The division shall maintain a record of the commenter and of the issues raised during the public comment and public hearing process for a period of five years. VI.G. The division shall notify the Administrator and any affected state, in writing, of any refusal to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period, as well as reasons for such refusal. VI.H. If the Administrator does not object in writing to the issuance of any proposed permit within forty- five days of receipt of the proposed permit, any person may petition the Administrator within sixty days of expiration of the Administrator’s forty-five day review period to make such objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period as provided for in section VI.B. of this Part C, unless the petitioner demonstrates that it was impracticable to raise such objections within that period, or unless the grounds for such objection arose after such period VI.H.1. A petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the forty-five day review period and prior to an U.S. EPA objection.

VI.H.2. If, pursuant to a petition filed under this section VI.H., the U.S. EPA objects to the issuance of a permit prior to its issuance, the division shall not issue the permit until the U.S. EPA's objection has been resolved.

VI.H.3. If, pursuant to a petition filed under this section VI.H., the U.S. EPA objects to the issuance of a permit after it has been issued by the division, the Administrator may modify, terminate, or revoke such permit and the division may thereafter issue only a revised permit that satisfies the U.S. EPA’s objection. VI.H.4. In no event will any proceeding under this section VI.H. cause a source to be in violation of the requirement to have submitted a timely and complete application.

VII. Emergency Provisions VII.A. An emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of god, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.

VII.B. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of section VII.C. are met. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.

VII.C. The affirmative defense for an emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: VII.C.1. An emergency occurred and that the permittee can identify the cause(s) of the emergency;

VII.C.2. The permitted facility was at the time being properly operated; VII.C.3. During the period of the emergency, the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and VII.C.4. The permittee submitted oral notice of the emergency to the division no later than noon of the next working day following the emergency, and followed by written notice within one month of the time when emission limitations were exceeded due to the emergency. This notice fulfills the requirement of section V.C.7.b. of this Part C. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.

VII.C.5. This provision is in addition to any emergency or upset provision contained in any applicable requirement.

VIII. General Operating Permits VIII.A. The division may, after notice and opportunity for public participation provided under section VI. of this Part C, issue a general permit covering numerous similar sources that would otherwise be required to obtain an operating permit pursuant to this Part C. Any general permit shall comply with all requirements applicable to other operating permits and shall identify criteria by which sources may qualify for the general permit. For sources that qualify, the division shall grant the conditions and terms of the general permit. Notwithstanding the permit shield, a source shall be subject to enforcement action for operation without an operating permit if the source is later determined not to qualify for the conditions and terms of the general permit. General permits are not authorized for affected sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the Federal Act. A general permit may be issued for the following purposes:

VIII.A.1. To establish terms and conditions to implement applicable requirements for a source category;

VIII.A.2. To establish terms and conditions to implement applicable requirements in lieu of reopening the permit to incorporate additional applicable requirements pursuant to section XIII of this Part C;

VIII.A.3. To establish terms and conditions for new requirements that apply to sources with existing permits, so long as no terms or conditions of the existing permit are being violated;

VIII.A.4. To establish federally enforceable caps on emissions from sources in a specified category.

VIII.A.5. The division may issue a general permit if it finds that: VIII.A.5.a. There are several permittees, permit applicants, or potential permit applicants who have the same or substantially similar operations, emissions, activities, or facilities;

VIII.A.5.b. The permittees, permit applicants, or potential permit applicants emit the same type of regulated air pollutants;

VIII.A.5.c. The operations, emissions, activities, or facilities are subject to the same or similar standards, limitations, and operating requirements; and VIII.A.5.d. The operations, emissions, activities, or facilities are subject to the same or similar monitoring, record keeping, and reporting requirements. VIII.B. A general permit developed under this section shall identify criteria by which sources may qualify for the general permit. After a general permit has been developed, any eligible source may submit an application to be covered under the permit.

VIII.C. An application for coverage under a general permit shall identify the source and provide information sufficient to demonstrate that it falls within the source category covered by the general permit, together with all information necessary to determine qualification for, and to assure compliance with, the general permit including a compliance plan in accordance with section III.C.8. of this Part C.

VIII.D. A final action approving a request for coverage under a general permit shall not be subject to judicial review. A source may seek judicial review of a final action denying coverage under a general permit.

VIII.E. If some, but not all, of a source's operations, activities, and emissions are eligible for coverage under one or more general permits, the source may apply for and receive coverage under the general permits for the operations, activities, and emissions that are so eligible. If the source is required under section II. of this Part C to obtain an operating permit addressing the remainder of its operations, activities, and emissions, it may apply for, and receive, an operating permit that addresses specifically those items not covered by general permits. In such a case, the source's operating permit shall identify all operations, activities, and emissions that are subject to general permits and incorporate those general permits by reference. VIII.F. Sources that would qualify for a general permit must apply to the division for coverage under the terms of the general permit or must apply for an operating permit under section III. of this Part C. without repeating the public participation procedures required under section VI. of this Part C, the division may grant a source's request for authorization to operate under a general permit. Such a grant shall not be a final permit action for purposes of judicial review. VIII.G. Upon granting of the general permit by the division, the source must keep a copy of the permit on- site at all times.

VIII.H. A general operating permit shall not be issued to a major source where issuance of a general permit would cause a violation of any applicable requirement in any other operating permit held by the source, or where issuance of a general operating permit operates to allow the source to avoid a modification under Title I of the Federal Act.

VIII.I. A source may commence operations under the general operating permit sixty days after submitting its application for a general operating permit unless notified by the division within that time period that additional information is required to determine whether the source qualifies for a general operating permit. Nothing herein precludes the division from requesting additional information after sixty days have elapsed since the source's submission of a general operating permit application.

VIII.J. The application shield shall become effective upon the source's submission of a complete application, in accordance with section II.B. of this Part C. VIII.K. The permit shield shall become effective upon issuance of the general operating permit by the division.

VIII.L. The general operating permits, as developed by the division, shall be required to undergo review by the Administrator, affected states and the public, as set forth in sections V.B., VI., and IX. of this Part C every five years.

IX. Review By Affected States IX.A. The division shall give notice of each draft-operating permit to any affected state on or before the time that the division provides public notice under section VI. of this Part C, except where the requirements for timing of notices are different pursuant to sections X., X.I., and XII. of this Part C.

IX.B. The division shall notify the U.S. EPA and any affected state in writing of any refusal by the division to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period. Said notice will include the division's reasons for not accepting any such recommendation. The division is not required to accept recommendations that are not based on applicable requirements.

X. Minor Permit Modification Procedures X.A. Minor permit modification procedures may be used only for those permit modifications that: X.A.1. Do not violate any applicable requirement;

X.A.2. Do not involve significant changes to existing monitoring, reporting, or record keeping requirements in a permit;

X.A.3. Do not require or change a case-by-case determination of an emission limitation or other standard or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

X.A.4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include:

X.A.4.a. A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Federal Act, including but not limited to modifications under Part 2 of the state Act (prevention of significant deterioration), Part 3 of the state Act (attainment), or New Source Performance Standards (Regulation No. 6);

X.A.4.b. An alternative emissions limit approved pursuant to regulations promulgated under Colorado Revised Statute section 25-7-109.3 or section 112(i)(5) of the federal Act (Regulation No. 8);

X.A.5. Are accepted from the definition of permit modification in section I.A.3. of Part C. X.A.6. Are not otherwise required by the division to be processed as a significant modification. X.B. Notwithstanding sections X.A.5.and XI. (group processing criteria), minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other approved approaches, to the extent that such minor permit modification procedures are otherwise provided for in the state implementation plan promulgated pursuant to the state Act.

X.C. An application for a minor permit modification shall be prepared on forms supplied by the division. X.D. Applications shall meet the requirements of an application for an operating permit as set forth in commission Regulation No. 3, Part C, section III., and be signed by a responsible official. The applicant shall furnish all information and data required by the division to evaluate the minor permit modification application, and shall include the following: X.D.1. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; X.D.2. The source's suggested draft permit;

X.D.3. Certification by a responsible official that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and X.D.4. Completed forms supplied by the division for the division to use to notify the Administrator and affected states.

X.D.5. Data necessary to allow the division to determine whether the source complies with: X.D.5.a. All applicable emission control regulations;

X.D.5.b. Applicable regulations for the control of hazardous air pollutants; X.D.5.c. Requirements of the nonattainment and attainment programs (sections V. and

1. VI. of Part D of this regulation); and X.D.5.d. Any applicable ambient air quality standards and all applicable regulations. When the data includes modeling, the model used shall be an appropriate one given the topography, meteorology, and other characteristics of the region, which the source will impact;

X.D.6. Copies of Air Pollutant Emission Notice(s) on file with the division indicating production/process rates for which the operating permit is to be evaluated, or, if Air Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant Emission Notice(s) shall be submitted in accordance with Part A, section II. The Air Pollutant Emission Notice fee will not be charged for submission of copies of current Air Pollutant Emission Notice(s) previously filed with the division.

X.E. An application for a minor permit modification will not be deemed to be complete until all information and data (including any required ambient air impact analysis in accordance with section VIII. of Part A) required to evaluate the application have been submitted to the division. X.F. Within five working days of receipt of a complete minor permit modification application, the division shall send a copy of the notice completed pursuant to section X.D.4., above, to the Administrator. X.G. Within five working days of receipt of a complete minor permit modification application, the division shall send a copy of the notice completed pursuant to section X.D.4., above, to affected states. Notice to affected states shall not be required for minor sources that voluntarily apply for an operating permit to obtain the operational flexibility set forth in this Part C. The division shall notify the Administrator and any affected state of any refusal by the division to accept all recommendations for the proposed revised permit under the minor permit modification procedures that the affected state submitted during its review period. The division shall include in such notice its reasons for not accepting any such recommendation. The division is not required to accept recommendations that are not based on applicable requirements under the state or Federal Act. Notice to affected states and to the Administrator is not required for minor modifications involving state only conditions.

X.H. Within ninety calendar days of receipt of a complete application for minor permit modification, or fifteen calendar days after the end of the Administrator's forty five day review period, whichever is later, the division shall:

X.H.1. Issue the minor permit modification as proposed; X.H.2. Deny the minor permit modification application;

X.H.3. Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or X.H.4. Revise the draft minor permit modification and transmit to the Administrator the new proposed minor permit modification as required in this Regulation No. 3, Part C, section V.B.5.

X.I. A source shall be allowed to make the changes proposed in its application for minor permit modification immediately after it files such application. If the source elects to make such changes, and until the division issues its final determination in accordance with sections X.H.1. through X.H.4., above, the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time, the source does not need to comply with existing permit terms and conditions it seeks to modify, but if the source fails to comply with its proposed permit terms and conditions during this period, the existing permit terms and conditions it seeks to modify shall be fully enforceable by the division. X.J. The permit shield shall not extend to minor permit modifications. X.K. A permit modification for purposes of the acid rain portion of a permit shall be governed by regulations promulgated under Title IV of the Federal Act, found at Code of Federal Regulations Title 40, Part 72.

XI. Procedures For Group Processing Of Minor Permit Modification Applications XI.A. Group processing of applications for modifications eligible for minor permit modification processing may be used only for those permit modifications that:

XI.A.1. Meet the requirements of Part C, sections X.A.1. through X.A.6., above, for minor permit modification procedures; and XI.A.2. That collectively is below the lowest threshold level as set forth below: XI.A.2.a. Ten percent of the emissions allowed by the permit for the emissions unit for which the change is requested; or XI.A.2.b. Twenty percent of the applicable definition of major source; or XI.A.2.c. Five tons per year, whichever is less.

XI.B. An application shall be filed with the division for each change the source proposes to make, describing the change and the new emissions resulting from the change and notifying the division that the source intends to request group processing of such minor modification applications in accordance with section XI.C.4., below. An application for group processing of minor permit modifications shall be prepared on forms supplied by the division. XI.C. Applications shall meet the requirements of an application for an operating permit as set forth in commission Regulation No. 3, Part C, section III., and be signed by a responsible official. The applicant shall furnish all information and data (including any required ambient air impact analysis in accordance with section VIII. of Part A of this regulation) required by the division to evaluate the minor permit modification application and shall include the following: XI.C.1. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; XI.C.2. The source's suggested draft permit;

XI.C.3. Certification by a responsible official that the proposed modification meets the criteria for use of group processing procedures and a request that such procedures be used; XI.C.4. A list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set under sections XI.A.2.a. through XI.A.2.c. of this Part C;

XI.C.5. Certification by a responsible official that the source has notified the U.S. EPA of the proposed modification. Such notification need only contain a brief description of the requested modification;

XI.C.6. Copies of Air Pollutant Emission Notice(s) on file with the division indicating production/process rates for which the operating permit is to be evaluated, or, if Air Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant Emission Notice(s) shall be submitted in accordance with Part A, section II. The Air Pollutant Emission Notice fee will not be charged for submission of copies of current Air Pollutant Emission Notice(s) previously filed with the division.

XI.C.7. Completed forms for the permitting authority to use to notify the Administrator and affected states. Notice to affected states is not required for minor sources voluntarily applying for an operating permit to obtain the operational flexibility set forth in this Part C. Notice to affected states and the Administrator is not required for group processing of minor modifications involving state only conditions.

XI.C.8. As provided for in the state implementation plan, minor permit modifications made pursuant to this section XI. will not trigger the procedural requirements otherwise applicable for modifications pursuant to Part B of this regulation. XI.D. On a quarterly basis, or within five business days of receipt of an application demonstrating that the aggregate of a source's pending applications equals or exceeds the thresholds set forth in section XI.A.2., whichever is earlier, the division shall promptly notify the Administrator and affected states. A source shall only be allowed to aggregate its increased emissions caused by changes made in accordance with this section XI. during each five-year permit term, except that any aggregation of emissions that equals or exceeds the thresholds set forth in section A.2. shall trigger the procedural requirements set forth in this section XI. All aggregation of emissions not addressed through the procedures set forth in this section XI. shall be incorporated into the operating permit upon renewal.

The division shall promptly notify the Administrator and any affected state of any refusal by the division to accept all recommendations for the proposed revised permit under the group processing of minor permit modifications that the affected state submitted during its review period. The division shall include in such notice the reasons for not accepting any such recommendation. The division is not required to accept recommendations that are not based on applicable requirements under the state or Federal Acts. XI.E. Within one hundred and eighty calendar days of receipt of a complete application for group processing of minor permit modifications under this section XI., or fifteen calendar days after the end of the Administrator's forty-five days review period, whichever is later, the division shall: XI.E.1. Issue the minor permit modification as proposed; XI.E.2. Deny the minor permit modification application; XI.E.3. Determine that the requested modifications do not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or XI.E.4. Revise the draft minor permit modification and transmit to the Administrator the new proposed minor permit modification.

XI.F. A source shall be allowed to make the changes proposed in its application for group processing of minor permit modifications immediately after it files such application. If the source elects to make such changes, and until the division issues its final determination in accordance with sections XI.E.1. through XI.E.4. above, the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time, the source does not need to comply with existing permit terms and conditions it seeks to modify, but if the source fails to comply with its proposed permit terms and conditions during this period, the existing permit terms and conditions it seeks to modify shall be fully enforceable by the division.

XI.G. The permit shield shall not extend to minor permit modifications made pursuant to the group processing procedures in this section XI.

XII. Operational Flexibility XII.A. Section 502(b)(10) changes XII.A.1. No permit revision is necessary for changes within a permitted facility, if the changes are accepted from the definition of modification in Part A, section I.B.27. of this Regulation No. 3, and the changes do not exceed the emissions allowable under the permit, whether expressed therein as a rate of emissions or in the terms of total emissions, and provided that notice is provided to the division as set forth below: XII.A.1.a. For each such change, the facility shall provide the Administrator and the division with a minimum of seven days' written notification in advance of the proposed changes. The notice must be received by the division no later than seven days in advance of the proposed changes. The source, the division, and the Administrator shall attach each such notice to their copy of the relevant permit;

XII.A.1.b. For each such change, the written notification required above shall include a brief description of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable because of the change;

XII.A.1.c. A source shall be allowed to make such change proposed in its notice on the day following the last day of the advance notice described in this section if the division has not responded nor objected to the proposed change on or before that day; and XII.A.1.d. The permit shield shall not apply to any changes made pursuant to this section. If subsequent changes cause the facility's operations and emissions to revert to those anticipated in the operating permit, the permittee resumes compliance with the terms and conditions of the permit, and has provided the division and Administrator with a minimum of seven days advance notice of such changes in accordance with the provisions of section XII.A.1.a., above, the permit shield may be reinstated in accordance with the terms and conditions stated in the operating permit.

XII.A.2. Changes made pursuant to this section XII.A. shall be incorporated into the operating permit at the time of renewal, at which time the permit shield shall apply. XII.B. Off Permit Changes No permit revision shall be necessary for changes within a permitted facility, not otherwise addressed or prohibited in the permit or in the provisions of this section XII.B., governing off permit changes. This provision shall apply to changes, which are accepted from the definition of permit modification in section I.A.3. of this Part C, or if such changes are subject to requirements of Title IV of the Federal Act (acid rain program). As provided for in the state implementation plan, changes made pursuant to this section XII.B. shall not trigger the procedural requirements contained in Part B of this regulation for obtaining a construction permit. XII.B.1. Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition.

XII.B.2. The source must provide contemporaneous written notice to the permitting authority and the Administrator of each such change, except for changes that have been determined to be insignificant by the commission pursuant to regulation. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirement that would apply as a result of the change. A revised Air Pollutant Emission Notice shall be submitted in accordance with the provisions of Part A, section II., along with the written notice required in this section XII.B.2.

XII.B.3. The permit shield shall not apply to any such change made pursuant to this section XII.B. XII.B.4. The source shall keep a record describing changes made at the source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes, including any other data necessary to show compliance with applicable ambient air quality standards.

XII.B.5. Changes made pursuant to this section XII.B. shall be incorporated into the operating permit at the time of renewal.

XIII. Reopening For Cause Of Permits Issued Pursuant To Part C XIII.A. A permit issued pursuant to Part C of this commission Regulation No. 3, shall be reopened and revised under any of the following circumstances:

XIII.A.1. Additional applicable requirements become applicable to a major source with a remaining permit term of three or more years. Such reopening shall be completed no later than eighteen months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended, or if a general permit is obtained to address the new requirement pursuant to section VIII.A.2. of this Part C; XIII.A.2. Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit; XIII.A.3. The division or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit;

XIII.A.4. The division or the Administrator determines that the permit must be revised or revoked to assure compliance with the applicable requirements;

XIII.A.5. Permit reopening and reissuance shall be processed using the procedures set forth in sections III., IV., and V. of this Part C for permit issuance and permit renewal; XIII.A.6. Proceedings to reopen and reissue permits affect only those parts of the permit for which cause to reopen exists; and XIII.A.7. Reopening under this section of Part C shall not be initiated before notice of such intent is provided to the source by the division at least thirty days in advance of the date that the permit is to be reopened. The division may provide a shorter time period within which to give notice in the case of an emergency.

XIII.B. The division shall extend the permit shield to those parts of the permit that have been changed pursuant to the reopening and reissuance proceedings of this section of Part C. XIII.C. A source may choose to have its operating permit renewed during any proceeding for reopening the permit under this section, provided a complete application is submitted pursuant to Part C.

XIV. Compliance Assurance Monitoring The regulations promulgated by the U.S. EPA listed in section XIV.A.1., below, are hereby incorporated by reference by the commission and made a part of the Colorado commission regulations. Materials incorporated by reference are those in existence as of the date indicated and do not include later amendments. The material incorporated by reference is available for public inspection during regular business hours at the Office of the commission, located at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, or may be examined at any state publications depository library. Parties wishing to inspect these materials should contact the Technical Secretary of the commission, located at the office of the commission.

XIV.A.1. Air Pollution Control, Monitoring, Operating Permits, Reporting and Record Keeping Requirements: Compliance Assurance Monitoring, Code of Federal Regulations Title 40, Parts 64 and 70.6, October 22, 1997 (62 FR 54900).

Air Pollution Control, Monitoring, Operating Permits, Reporting and Record keeping Requirements: Compliance Assurance Monitoring, Code of Federal Regulations Title 40, Parts 64, 70.6 and 71.6, October 22, 1997 (62 FR 54900). PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND PREVENTION OF SIGNIFICANT DETERIORATION I. APPLICABILITY I.A. General Applicability I.A.1. This Part D shall apply to any new or existing major stationary source. Any new major stationary source or major modification, to which the requirements of this Part D apply, shall not begin actual construction in a nonattainment, attainment, or unclassifiable area unless a permit has been issued containing all applicable state and federal requirements.

I.A.2. Except as otherwise provided in section XV. of this Part D, and consistent with the definition of major modification (section II.A.22. of this Part), a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases - a significant emissions increase (as defined in section II.A.42. of this Part), and a significant net emissions increase (as defined in sections II.A.26. and II.A.42. of this Part). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase. I.A.3. The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being constructed or modified, according to sections I.B.1. through I.B.3. of this Part. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition of Net Emissions Increase (section II.A.26. of this Part). Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

I.B. Applicability Tests I.B.1. Actual-to-projected-actual applicability test for projects that only involve existing emissions units.

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defined in section II.A.36. of this Part) and the baseline actual emissions (as defined in sections II.A.4.a. and II.A.4.b. of this Part, as applicable), for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in section II.A.42. of this Part).

I.B.2. Actual -to-potential test for projects that only involve construction of a new emissions unit(s).

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in section I.B.35. of Part A of this regulation) from each new emissions unit following completion of the project and the baseline actual emissions (as defined in section II.A.4. of this Part) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in section II.A.42. of this Part).

I.B.3. Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the methods specified in sections I.B.1. through I.B.3. of this Part as applicable with respect to each type of emissions unit, equals or exceeds the significant amount for that pollutant (as defined in section II.A.42. of this Part).

I.B.4. An owner or operator of a major stationary source who conducts the actual-to-projected- actual test for a project that requires a minor permit modification in accordance with section X. of Part C, requires a significant permit modification in accordance with section I.A.3. of Part C, a modification as defined in section I.B.26. of Part A or that requires a minor source permit under Part B shall submit a permit application including: I.B.4.a. All calculations and supporting documentation used to determine baseline actual emissions of each emissions unit affected by the project; I.B.4.b. All calculations and supporting documentation used to determine projected actual emissions of each existing emissions unit affected by the project; I.B.4.c. A determination of that portion of each existing unit’s emissions following the project that the unit could have accommodated during the consecutive twenty- four month period used to establish the baseline actual emissions and that are unrelated to the project, including any increased utilization due to product demand growth; and, I.B.4.d. Any other information requested by the division that may be needed to determine if a major modification will occur at each emissions unit affected by the project. The information submitted in accordance with section I.B.4.a. through I.B.4.d., above, shall be incorporated into an appendix to the major stationary source’s Title V Operating permit or as a permit note in the construction permit. The requirement that the owner or operator of a major stationary source who conducts the actual-to-projected-actual test for a project that requires a minor permit modification submit information in accordance with sections I.B.4.a. through I.B.4.d., as set out in this subsection I.B.4., shall not be federally enforceable and shall not be incorporated into the state implementation plan. I.C. For any major stationary source requesting, or operating under, a Plant-wide Applicability Limitation (as defined in section II.A.32.) for a regulated NSR pollutant, the major stationary source shall comply with the requirements of section XV. of this Part.

II. Definitions II.A. The following definitions apply specifically to the provisions contained in this Part D. II.A.1. Actual Emissions The actual rate of emission of a regulated NSR pollutant from an emissions unit, determined as follows:

II.A.1.a. Actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year consecutive twenty-four month period that precedes the particular date and is representative of normal unit operation. A different period may be used if it is more representative of normal unit operation. Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials processed , stored or combusted or actual emission data during the selected time period;

II.A.1.b. The division may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit only if actual emissions cannot be determined pursuant to section II.A.1.a., above;

II.A.1.c. For any emissions unit ( other than an electric utility steam generating unit ) that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

II.A.1.d. This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under section XV. of Part D of this regulation. Instead, sections II.A.36. and II.A.4. of this Part shall apply for these purposes.

II.A.1.e. For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit) actual emissions of the unit following the physical or operational change shall equal the representative actual annual emissions of the unit, provided the source owner or operator maintains and submits to the division on an annual basis, for a period of five years from the date the unit resumes regular operation, information demonstrating that the physical or operational change did not result in an emissions increase. A longer period, not to exceed ten years, may be required by the division if it determines such a period to be more representative of normal source post change operations. II.A.2. Actuals PAL For a major stationary source, means a PAL based on the baseline actual emissions (as defined in section II.A.4. of this Part) of all emissions units (as defined in the Common Provisions regulation) at the source that emit or have the potential to emit the PAL pollutant.

II.A.3. Air Quality Related Value Any value of an area that may be affected by a change in air quality. Examples include flora, fauna, soil, water, visibility, cultural, and odor. II.A.4. Baseline Actual Emissions The rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with sections II.A.4.a. through II.A.4.d. below. II.A.4.a. For any existing electric utility steam generating unit (as defined in section II.A.14. of this Part), baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive twenty-four month period selected by the owner or operator within the five year period immediately preceding when the owner or operator begins actual construction of the project. The division shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

1. II.A.4.a.(i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
   1. II.A.4.a.(ii) The average rate shall be adjusted downward to exclude any non- compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive twenty-four month period.

      II.A.4.a.(iii) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive twenty-four month period may be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty-four month period can be used for each regulated NSR pollutant.

      II.A.4.a.(iv) The average rate shall not be based on any consecutive twenty-four month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by section II.A.4.a.(ii).

II.A.4.b. For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive twenty-four month period selected by the owner or operator within the ten year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the division for a permit required under this Part D, except that the ten year period shall not include any period earlier than November 15, 1990. II.A.4.b.(i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

1. II.A.4.b.(ii) The average rate shall be adjusted downward to exclude any non- compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive twenty-four month period.
   1. II.A.4.b.(iii) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had the major stationary source been required to comply with such limitations during the consecutive twenty-four month period. However, if an emission limitation is part of a maximum achievable control technology standard contained in Part E of Regulation No. 8, the baseline actual emissions need only be adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan. II.A.4.b.(iv) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive twenty-four month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twenty-four month period can be used for each regulated NSR pollutant.

      II.A.4.b.(v) The average rate shall not be based on any consecutive twenty-four month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required under sections II.A.4.b.(ii) and II.A.4.b.(iii) of this Part. II.A.4.c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit (as defined in section I.B.35. of Part A of this regulation).

II.A.4.d. For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in section II.A.4.a., for other existing emissions units in accordance with the procedures contained in section II.A.4.b., and for a new emissions unit in accordance with the procedures contained in section II.A.4.c. II.A.5. Baseline Area II.A.5.a. Any intrastate area (and every part thereof) designated as attainment or unclassifiable under sections 107(d)(1)(D) or (E) of the Federal Act in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than one microgram/cubic meter ((g/m3) (annual average) of the pollutant for which the minor source baseline date is established.

II.A.5.b. Area redesignations under section 107(d)(1)(D) or (E) of the Federal Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification that:

1. II.A.5.b.(i) Establishes a minor source baseline date, or II.A.5.b.(ii) Is subject to this Part D, and would be constructed in the same state as the state proposing the redesignation.

II.A.5.c. Any baseline area established originally for the total suspended particulate increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the permit authority rescinds the corresponding minor source baseline date in accordance with section II.A.25.c.

II.A.6. Baseline Concentration The ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: II.A.6.a. The actual emissions representative of sources in existence on the applicable minor source baseline date, except as otherwise provided in this definition; and II.A.6.b. The allowable emissions from major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.

II.A.6.c. The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):

1. II.A.6.c.(i) Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and II.A.6.c.(ii) Actual emission increases and decreases at any stationary source occurring after the minor source baseline date.

II.A.7. Begin Actual Construction Initiation of physical on-site construction activities on an emissions unit that are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipe work, and construction of permanent storage structures. With respect to a change in the method of operation, this term refers to those on-site activities other than preparatory activities that mark the initiation of the change.

II.A.8. Best Available Control Technology (BACT)

An emission limitation (including a visible emissions standard) based on the maximum degree of reduction of each air regulated NSR pollutant subject to regulation under the Federal Act that would be emitted from any proposed major stationary source or major modification that the division or commission, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of the best available control technology result in emissions of any pollutant that would exceed emissions allowed by the applicable standards in the Code of Federal Regulations, Title 40, Parts 60 and 61 (Regulation No. 6, Part A, and Regulation No. 8, Part A) as in effect on the effective date of this clause, but not including later amendments, unless such amendments are specifically incorporated by reference in accordance with the provisions of Colorado Revised Statutes section 24-4-103 (12.5). Information as to the availability of such standards may be obtained from the Director, Air Pollution Control division, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530.

If the division or commission determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, it may instead prescribe designs, equipment, work practices, operational standards or combination thereof, to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation and shall provide for compliance by means that achieve equivalent results. II.A.9. Clean Coal Technology Any technology, including technologies applied at the pre-combustion, combustion, or post-combustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.

II.A.10. Clean Coal Technology Demonstration Project A project using funds appropriated under the heading "Department of Energy-Clean Coal Technology," up to a total amount of $2.5 billion for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the U.S. EPA. The federal contribution for a qualifying project shall be at least twenty percent of the total cost of the demonstration project.

II.A.11. Complete In reference to an application for a major NSR permit, an application that contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the division from requesting or accepting any additional information.

II.A.11.a. At a minimum, a complete application for a permit to construct a major source or major modification subject to the requirements of this Part D shall include: II.A.11.a.(i) All monitoring data required pursuant to this regulation and an analysis of ambient air quality in accordance with section VI.A.3. of this Part;

1. II.A.11.a.(ii) The impact analysis required by section VI.A.2. of this Part, a written summary of the data inputs to the model, and a topographic presentation of the resultant concentrations of each pollutant modeled for each applicable ambient standard or Prevention of Significant Deterioration increment within the impact area of the source; II.A.11.a.(iii) A report of the regulatory status of the model pursuant to section VIII.A.1. of Part A;
   1. II.A.11.a.(iv) A demonstration that the proposed technological system of continuous emission reduction that is to be used will enable such source to comply continuously with the standards of performance that are to apply to such source and that the emission inputs to the model for the impact analysis are equivalent to the emissions allowed by such standards of performance;

      II.A.11.a.(v) A description of the devices or systems that will be installed to monitor the emissions of each pollutant that will be emitted in significant amounts, maintaining such devices or systems, and the schedule and format for reporting the results of such emission monitoring to the division;

      II.A.11.a.(vi) The additional impact analysis required by section VI.A.6. of this Part, any demonstration of facts needed to establish a claim by the applicant to qualify for any exemption or exclusion under section VI.B. of this Part;

      II.A.11.a.(vii) A schedule of construction in accordance with section III.G.2. of Part B;

      II.A.11.a.(viii) An additional copy of the application for the federal land manager of each affected Class 1 area, for the U.S. EPA, for the county commissioner, and for public notice (county clerk). Two additional copies shall be submitted for interested public groups.

II.A.12. Construction Any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in actual emissions II.A.13. Emissions Unit Any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric steam-generating unit as defined in section II.A.14. of this Part. For purposes of this Part D, there are two types of emissions units described in section II.A.13.a. and II.A.13.b., below. II.A.13.a. A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated.

II.A.13.b. An existing emissions unit is any emissions unit that does not meet the requirements in section II.A.13.a., above. A replacement unit (as defined in section II.A.39. of this Part) is an existing emissions unit. II.A.14. Electric Utility Steam Generating Unit Any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electrical output capacity and more than twenty-five megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam- electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility. II.A.15. Federal Land Manager (FLM)

With respect to any lands of the United States, the secretary of the department with authority over such lands.

II.A.16. High Terrain Any area having an elevation nine hundred feet or more above the base of the stack of a source.

II.A.17. Hydrocarbon combustion flare Either a flare used to comply with an applicable new source performance standard or maximum achievable control technology standard (including uses of flares during startup, shutdown, or malfunction permitted under such standard), or a flare that serves to control emissions of waste streams comprised predominately of hydrocarbons and containing no more than 230 mg/dscm hydrogen sulfide.

II.A.18. Innovative Control Technology Any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.

II.A.19. Low Terrain Any area other than high terrain.

II.A.20. Lowest Achievable Emissions Rate (LAER)

For any source, the more stringent rate of emissions based on the following: II.A.20.a. The most stringent emission limit contained in any state implementation plan for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limits are not achievable; or II.A.20.b. The most stringent emission limitation that is achieved in practice or can reasonably be expected to occur in practice by such class or category of source, taking into consideration the pollutant that must be controlled . In no event shall application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source performance standard (Regulation No. 6). II.A.21. Major Emissions Unit II.A.21.a. Any emissions unit that emits or has the potential to emit one hundred tons per year or more of the PAL pollutant in an attainment area; or II.A.21.b. Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major stationary source threshold (as defined in section II.A.24. of this Part) for the PAL pollutant for nonattainment areas. For example, in accordance with the definition of a major stationary source (as defined in section II.A.24.of this Part), an emissions unit would be a major emissions unit for volatile organic compounds if the emissions unit is located in an ozone nonattainment area and emits or has the potential to emit one hundred or more tons of voc per year.

II.A.22. Major Modification Any physical change in or change in the method of operation of , or addition to, a major stationary source that would result in a significant net emissions increase of any air a regulated NSR pollutant subject to regulation under the Federal Act or the State Act (taking into account all emissions decreases and increases at the source that would accompany the modification) and a significant net emissions increase of that pollutant from the major stationary source.

II.A.22.a. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or NOx shall be considered significant for ozone. II.A.22.b. In the Denver Metropolitan PM10 nonattainment area, any net emission increase that is significant for sulfur dioxide or nitrogen oxides shall be considered significant for PM10.

II.A.22.c . A physical change or change in the method of operation shall not include routine maintenance, repair, and replacement.

II.A.22.d. A physical change or change in the method of operation, unless previously limited by any enforceable or federally enforceable permit condition that was established after January 6, 1975 for sources in attainment or unclassifiable areas and after December 21, 1976 for sources in nonattainment areas, shall not include:

1. II.A.22.d.(i) Use of an alternative fuel or raw material by reason of an order in effect under sections 2(a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), a prohibition under the Power Plant and Industrial Fuel Use Act of 1978 (or any superseding legislation) or by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act;
   1. II.A.22.d.(ii) Use of an alternative fuel because of an order or rule under section 125 of the Federal Act;

      II.A.22.d.(iii) Use of an alternative fuel at a steam-generating unit to the extent that the fuel is generated from municipal solid waste II.A.22.d.(iv) Use of an alternative fuel or raw material that: II.A.22.d.(iv)(A) the stationary source in a nonattainment area was capable of accommodating prior to December 21, 1976, unless such change would be prohibited under a federally enforceable permit condition, or II.A.22.d.(iv)(B) the stationary source in an attainment or unclassifiable area was capable of accommodating prior to January 6, 1975 unless such change would be prohibited under a federally enforceable permit condition, or II.A.22.d.(iv)(C) the source is approved to use under any permit issued under this Regulation No. 3.

      II.A.22.d.(v) An increase in the production rate, unless such change would be prohibited under a federally enforceable permit condition; II.A.22.d.(vi) An increase in the hours of operation, unless such increase would be prohibited under a federally enforceable permit condition; or II.A.22.d.(vii) Any change in ownership of a stationary source. II.A.22.d.(viii) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project complies with: II.A.22.d.(viii)(A) The Colorado State Implementation Plan, and II.A.22.d.(viii)(B) Other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.

      II.A.22.d.(ix) For major stationary sources in attainment areas: II.A.22.d.(ix)(A) The installation or operation of a permanent clean coal technology demonstration project that constitutes re-powering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. The exemption shall apply on a pollutant-by-pollutant basis. II.A.22.d.(ix)(B) the reactivation of a very clean coal fired electric utility steam generating unit.

      II.A.22.d.(x) The reactivation of a very clean coal fired electric utility steam generating unit.

II.A.22.e. This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under section XV. of this Part D for a PAL for that pollutant. Instead, the definition in section II.A.30. of this Part shall apply. II.A.22.f. Emissions caused by indirect sources of pollution, emissions from internal combustion engines on any vehicle, and emissions resulting from temporary construction or exploration activities shall be excluded in determining whether a major modification will occur.

1. Emissions from on-going construction are not considered to be temporary emissions, and are included in determining whether a major modification will occur.
   1. Fugitive emissions from the listed sources in section II.A.24.a. and any other stationary source category that, as of August 7, 1980 was regulated under sections 111 or 112 of the Federal Act (as adopted in Regulations Nos. 6, Part A, and 8, Parts A and E) shall, to the extent quantifiable, be considered in calculating the potential to emit of the modification.

II.A.23. Major Source Baseline Date II.A.23.a. In the case of particulate matter and sulfur dioxide, January 6, 1975; and II.A.23.b. In the case of nitrogen dioxide, February 8, 1988. II.A.24. Major Stationary Source II.A.24.a. For the purpose of determining whether a source in an attainment or unclassifiable area is subject to the requirements of this Part D, major stationary source means:

1. II.A.24.a.(i) Any of the following stationary sources of air pollutants that emits, or has the potential to emit, one hundred tons per year or more of any pollutant subject to regulation under the Federal Act:
   1. II.A.24.a.(i)(A) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input II.A.24.a.(i)(B) Coal cleaning plants (with thermal dryers) II.A.24.a.(i)(C) Kraft pulp mills II.A.24.a.(i)(D) Portland cement plants II.A.24.a.(i)(E) Primary zinc smelters II.A.24.a.(i)(F) Iron and steel mill plants II.A.24.a.(i)(G) Primary aluminum ore reduction plants II.A.24.a.(i)(H) Primary copper smelters II.A.24.a.(i)(I) Municipal incinerators capable of charging more than 250 tons of refuse per day II.A.24.a.(i)(J) Hydrofluoric, sulfuric, and nitric acid plants II.A.24.a.(i)(K) Petroleum refineries II.A.24.a.(i)(L) Lime plants II.A.24.a.(i)(M) Phosphate rock processing plants II.A.24.a.(i)(N) Coke oven batteries II.A.24.a.(i)(O) Sulfur recovery plants II.A.24.a.(i)(P) Carbon black plants (furnace process)
      1. II.A.24.a.(i)(Q) Primary lead smelters II.A.24.a.(i)(R) Fuel conversion plants II.A.24.a.(i)(S) Sintering plants II.A.24.a.(i)(T) Secondary metal production plants II.A.24.a.(i)(U) Chemical process plants II.A.24.a.(i)(V) Fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input II.A.24.a.(i)(W) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels II.A.24.a.(i)(X) Taconite ore processing plants II.A.24.a.(i)(Y) Glass fiber processing plants II.A.24.a.(i)(Z) Charcoal production plants II.A.24.a.(ii) Notwithstanding the stationary source size specified in section II.A.24.a.(i), any stationary source that emits, or has the potential to emit, two hundred and fifty tons per year or more of any air pollutant subject to regulation under the Federal Act.

II.A.24.b. For the purpose of determining whether a source in a nonattainment area is subject to the requirements of section V. of this Part, and whether a source in an attainment area affecting a nonattainment area is subject to the requirements of section VI.D. of this Part, major stationary source means any stationary source of air pollutants that emits, or has the potential to emit 100 tons per year or more of any regulated NSR pollutant regulated under the Federal Act for which the area is nonattainment. Additionally, a source causing or contributing to a violation of a national ambient air quality standard for any pollutant regulated under section 110 of the Federal Act shall be considered a major stationary source when it has the potential to emit one hundred tons per year or more of that pollutant. The source will be considered to cause or contribute to a violation where the source exceeds the significance levels in the table under section VI.D.2. of this Part D. Such source is subject to the requirements of section VI. of this Part D.

II.A.24.c. Major stationary source includes any physical change that would occur at a stationary source not otherwise qualifying as a major stationary source under sections II.A.24.a and II.A.24.b. of this Part, if the change would constitute a major stationary source by itself.

II.A.24.d. A major stationary source that is major for volatile organic compounds or NOx shall be considered major for ozone, except that emissions of negligibly reactive volatile organic compounds, as defined in the Common Provisions, shall not be included in the determination of major stationary source status for ozone. II.A.24.e. The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this section whether it is a major stationary source, unless the source belongs to one of the categories of stationary sources listed in section II.A.24.a.(i) or any other stationary source category which, as of August 7, 1980, is regulated under section 111 or 112 of the Federal Act. II.A.24.f. Emissions caused by indirect air pollution sources (as defined in section I.B.22. of Part A of this regulation), emissions from internal combustion engines on any vehicle, and emissions resulting from temporary activities, such as construction or exploration, shall be excluded in determining whether a source is a major stationary source. Emissions from on going construction are not considered to be temporary emissions and are included in determining whether a major modification will occur.

II.A.24.g. A major stationary source in the Denver Metro PM10 attainment/maintenance area that is major for sulfur dioxide or nitrogen oxides shall be considered major for PM10.

II.A.25. Minor Source Baseline Date II.A.25.a. The earliest date after the trigger date that a major stationary source or a major modification subject to the requirements of section VI. of this Part D submits a complete application under the relevant regulations. The trigger date is:

1. II.A.25.a.(i) In the case of particulate matter and sulfur dioxide, August 7, 1977; and II.A.25.a.(ii) In the case of nitrogen dioxide, February 8, 1988. II.A.25.b. The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:
   1. II.A.25.b.(i) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under sections 107(d)(1)(D) or (E) of the Federal Act for the pollutant on the date of its complete application under section VI. of this Part; and II.A.25.b.(ii) In the case of a major stationary source the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant. II.A.25.c. Any minor source baseline date established originally for the Total Suspended Particulates increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the division may rescind any such minor source baseline date where it can be shown, to the satisfaction of the division, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.

II.A.26. Net Emissions Increase II.A.26.a. With respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: II.A.26.a.(i) The increase in the actual emissions from a particular physical change or change in the method of operation at a stationary source calculated pursuant to sections I.A.2. through I.A.3., and I.B. of this Part D; and II.A.26.a.(ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph shall be determined as provided in the definition of baseline actual emissions, except that paragraphs II.A.4.a.(iii) and II.A.4.b.(iv) of this Part D shall not apply. II.A.26.b. Contemporaneous - an increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs within five years prior to the date that the increase from the particular change occurs.

II.A.26.c. An increase or decrease in actual emissions is creditable only if: II.A.26.c.(i) It occurs within five years before the date that the increase or decrease occurs;

1. II.A.26.c.(ii) The division has not relied on it in issuing a permit for the source under Regulation No. 3, or the U.S. EPA has not relied on it in issuing a permit under Title I, Part C of the Federal Act, which permit is in effect when the increase in actual emissions from the particular change occurs; and II.A.26.c.(iii) The owner or operator provides credible, demonstrable evidence to the division of what actual emissions were before making the increase or decrease and what they were after making the increase or decrease; and II.A.26.d. In order to establish a baseline emissions rate, the owner or operator must submit an Air Pollutant Emission Notice to the division prior to the increase or decrease indicating actual emissions (as defined in section II.A.1. of this of Part) and the owner or operator must submit a revised Air Pollutant Emission Notice to the division within one year after the increase or decrease occurs, or II.A.26.e. An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. With respect to particulate matter, only PM10 emissions can be used to evaluate the net emissions increase for PM10.

II.A.26.f. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

II.A.26.g. A decrease in actual emissions is creditable only to the extent that: II.A.26.g.(i) The division has not relied on it in issuing any permit under this Part D, or has not relied on it in demonstrating attainment or reasonable further progress:

1. II.A.26.g.(ii) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
   1. II.A.26.g.(iii) It is federally enforceable as a practical matter at and after the time that actual construction on the particular change begins; and II.A.26.g.(iv) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and II.A.26.h. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred and eighty days.

II.A.26.i. Section II.A.1.a. of this Part shall not apply for determining creditable increases and decreases after a change.

II.A.26.j. The organic compounds referenced in the common provisions definition of negligibly reactive volatile organic compounds are neither counted as reactive volatile organic compounds in determining significant ozone increases nor creditable against an increase in emissions of any volatile organic compound. II.A.26.k. Creditable Decreases for Fuel Switching.

1. Generally, for credit to be given for the emissions reduction in potential to emit or actual emissions resulting from a physical change or change in method of operation of a major stationary source occurring on or after the effective date of this rule, an Air Pollutant Emission Notice reporting such reduction must be filed within one year after the reduction occurs unless an extension is requested by the source and approved by the division due to uncertainty as to the permanence of such reduction. At the time credit for any reduction is requested, such reduction must be enforceable. Such reductions must be enforceable through permit conditions or source specific state implementation plan revisions. II.A.27. Nonattainment Major New Source Review (NSR) Program A major stationary source preconstruction permit program that has been approved by the Administrator and incorporated into this Regulation No. 3. Any permit issued under the program is a major NSR permit.

II.A.28 . PAL Effective Date Generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. II.A.29. PAL Effective Period The period beginning with the PAL effective date and ending ten years later. II.A.30. PAL Major Modification Notwithstanding sections II.A.22 and II.A.26. of this Part D (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

II.A.31. PAL Permit The Operating Permit issued in accordance with this Part D that establishes a PAL for a major stationary source.

II.A.32. PAL Pollutant The pollutant for which a PAL is established at a major stationary source. II.A.33. Plant-wide Applicability Limitation (PAL)

An emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with section XV. of this Part D.

II.A.34. Prevention of Significant Deterioration (PSD) Permit Any permit that is issued in accordance with section VI. of this Part D. II.A.35. Project A physical change in, or change in the method of operation of, an existing major stationary source.

II.A.36. Projected Actual Emissions II.A.36.a. The maximum annual rate, in tons per year, at which an existing emissions unit at a major stationary source is projected to emit a regulated NSR pollutant in any one of the five years (twelve-month period) following the date the unit resumes regular operation after the project, or in any one of the ten years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.

II.A.36.b. In determining the projected actual emissions under section II.A.36.a., above, before beginning actual construction, the owner or operator of the major stationary source:

1. II.A.36.b.(i) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans; and II.A.36.b.(ii) Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and II.A.36.b.(iii) Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive twenty-four month period used to establish the baseline actual emissions under section II.A.4. of this Part D and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, II.A.36.b.(iv) In lieu of using the method set out in sections II.A.36.b.(i) through II.A.36.b.(iii), may elect to use the emissions unit's potential to emit, in tons per year, as defined in section I.B.35. of Part A of this regulation. II.A.37. Reactivation of Very Clean Coal-fired Electric Utility Steam Generating Unit Any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit:

II.A.37.a. Has not been in operation for the two year period prior to the enactment of the Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's emissions inventory at the time of the enactment;

II.A.37.b. Was equipped prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than eighty- five percent and a removal efficiency for particulates of no less than ninety-eight percent;

II.A.37.c. Is equipped with low-nitrogen oxide burners prior to the time of commencement of operations following reactivation; and II.A.37.d. Is otherwise in compliance with the requirements of the Federal Act. II.A.38. Regulated NSR Pollutant II.A.38.a. Nitrogen oxides or any volatile organic compound; II.A.38.b. Any pollutant for which a national ambient air quality standard has been promulgated;

II.A.38.c. Any pollutant that is a constituent or precursor of a general pollutant listed under sections II.A.38.a. or II.A.38.b., above,(e.g. volatile organic compounds and oxides of nitrogen are precursors for ozone) provided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant;

II.A.38.d. Any pollutant that is subject to any standard promulgated under section 111 of the Federal Act;

II.A.38.e. Any pollutant that otherwise is subject to regulation under the Federal Act, except that any or all hazardous air pollutants either listed in section 112 of the Federal Act (that have not been delisted pursuant to section 112(b)(3) of the Federal Act) or Appendix B of this regulation are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Federal Act. II.A.39. Replacement Unit An emissions unit for which all the criteria listed in sections II.A.39.a. through II.A.39.d. are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

II.A.39.a. The emissions unit is a reconstructed unit within the meaning of Code of Federal Regulations Title 40, section 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit. II.A.39.b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

II.A.39.c. The replacement does not alter the basic design parameters of the process unit.

II.A.39.d. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

II.A.40. Repowering II.A.40.a. Replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.

II.A.40.b. Repowering shall also include any oil and/or gas-fired unit that have been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.

II.A.40.5 Representative Actual Annual Emissions The average rate, in tons per year, at which the source is projected to emit a pollutant for the two year period after a physical change or change in the method of operation of a unit, (or a different consecutive two-year period within ten years after the change, where the division determines that such period is more representative of normal source operations), considering the effect any such change will have on increasing or decreasing the hourly emissions rate and on projected capacity utilization. In projecting future emissions, the division shall:

II.A.40.5(a) Consider all relevant information, including but not limited to, historical operational data, the company's own representations, filings with the state or federal regulatory authorities, and compliance plans under Title IV of the Federal Act; and II.A.40.5(b) Exclude, in calculating any increase in emissions that results from the particular physical change or change in the method of operation at an electric utility steam generating unit, that portion of the unit's emissions following the change that could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity utilization at the unit that is unrelated to the particular change, including any increased utilization due to the rate of electricity demand growth for the utility system as a whole. II.A.41. Secondary Emissions Emissions that occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this Part D, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification that causes the secondary emissions . Secondary emissions include emissions from any offsite support facility that would not otherwise be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

II.A.42. Significant II.A.42.a. Unless the context otherwise requires, , a significant rate of emissions in tons per year is defined as a value that would equal or exceed any of the following: Carbon monoxide: 100 tons per year Nitrogen Oxides: 40 (nitric oxide + nitrogen dioxide) tons per year Sulfur dioxide: 40 tons per year Particulate matter: 25 tons per year particulate matter emissions or, 15 tons per year of PM10 emissions PM10 - Precursors in the Denver Metropolitan PM10 nonattainment area: 40 tons per year for each individual precursor (nitrogen oxides or sulfur oxides) Ozone: 40 tons per year of volatile organic compounds or NOx Lead: 0.6 tons per year Fluorides: 3 tons per year Sulfuric acid mist: 7 tons per year Hydrogen sulfide: 10 tons per year Total reduced sulfur (including hydrogen sulfide): 10 tons per year Reduced sulfur compounds (including hydrogen sulfide): 10 tons per year Municipal Waste Combustor Organics (measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per year (3.5 x 10-6 tons per year)

1. Municipal Waste Combustor Metals (measured as particulate matter): 14 megagrams per year (15 tons per year)
   1. Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year) Municipal Solid Waste Landfill Gases (measured as non-methane organic compounds): 45 megagrams per year (50 tons per year)

II.A.42.b. Significant means, in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that this definition does not list, any emissions rate, except that this definition shall not apply to hazardous air pollutants listed in or pursuant to section 112 of the Federal Act. II.A.42.c. Notwithstanding the significant emission rates above, significant means any emissions rate or any net emissions increase associated with a major stationary source or major modification, that would construct within ten kilometers of a Class I area, and have an impact on such area equal to or greater than one microgram/cubic meter ((g/m3 ) (twenty-four hour average). II.A.43. Significant Emissions Increase For a regulated NSR pollutant, an increase in emissions that is significant (as defined in section II.A.42. of this Part D) for that pollutant.

II.A.44. Significant Emissions Unit An emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in section II.A.42. of this Part D or in the Federal Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit (as defined in section II.A.21. of this Part).

II.A.45. Small Emissions Unit An emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant (as defined in section II.A.32. of this Part D or in the Federal Act, whichever is lower).

II.A.46. Temporary Clean Coal Technology Demonstration Project A clean coal technology demonstration project that is operated for a period of five years or less, and that complies with the state implementation plan and other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.

III. Permit Review Procedures III.A. Major stationary sources subject to the requirements of this Part D must apply for and obtain a Construction Permit in accordance with the procedures and requirements in Part B or an Operating permit in accordance with the procedures and requirements in Part C. III.B. The division shall complete the processing of applications (including any requested public hearing) for sources subject section VI. of this Part D within twelve months of receipt of a complete application.

IV. Public Comment Requirements IV.A. When public comment is required, or when the division determines that an application warrants public comment in accordance with section III.C.3. of Part B of this regulation, the division shall, within fifteen calendar days after the preparation of the preliminary analysis, cause public notice of the application to be published in a newspaper of general distribution in the area in which the proposed project or activity is or will be located, and by such other means as necessary to assure notice to the affected public, which may include posting of such notice on the publicly accessible portion of the division's web site, and cause a copy of the application, the preliminary analysis and the draft permit to be filed with the county clerk for each county in which the source is, or will be, located. The division shall send written or electronic notice to persons requesting a notice of permit applications for the type of source or geographic area. IV.A.1. For sources subject to the provisions of sections V. and VI. of this Part, a copy of all the materials the applicant submitted, and a copy or summary of other materials, if any, considered in making the preliminary analysis shall be filed with the county clerk for each county in which the source is or will be located. In addition, for sources subject to the provisions of sections V. and VI., a copy of the written or electronic notice of public comment shall be sent to the applicant, the U.S. EPA Administrator, and to officials and agencies having cognizance over the location where the proposed construction would occur, including any other state or local air pollution control agencies and any state, Indian governing body or Federal Land Manager whose lands may be affected by emissions from the source or modification.

IV.A.2. Additionally, for permit applications subject to the requirements of this Part D, the notice shall contain the following information:

IV.A.2.a. That comments are solicited on an innovative technological system for pollution control if proposed by the applicant and that a hearing by the commission will be held on such system if requested by any interested person; IV.A.2.b. That comments are solicited on the air quality impacts of the source or modification;

IV.A.2.c. That comments are solicited on alternatives to the source or modification; IV.A.2.d. That any interested person may submit a written request for a public comment hearing to be held pursuant to section 1.7.0. of the commission's procedural rules to receive comments regarding the foregoing concerns, the sufficiency of the preliminary analysis, and whether the division should approve or deny the permit application; and IV.A.2.e. The degree of increment consumption that is expected from the source or modification.

IV.A.3. Within fifteen calendar days after the preparation of the preliminary analysis for those applications subject to the requirements of this Part D, the division shall forward to the applicant written notice of the applicant's right to a public comment hearing with respect to the application pursuant to section 1.7.0. of the commission's procedural rules. IV.A.4. A hearing request pursuant to section IV.A.2.a. of this Part D, regarding innovative control, must be transmitted by the division to the commission within twenty days after its receipt.

IV.A.5. A hearing request pursuant to section IV.A.2.d. of this Part D must be transmitted by the division to the commission, along with the complete permit application, the preliminary analysis, the draft permit, and any written comments received by the division within five days after the end of the thirty-day comment period. At least thirty days prior to the date set for the public comment hearing, the notice of public comment hearing, the preliminary analysis and the draft permit shall be posted on the division's web site. No substantive revisions shall be made to the draft permit during the thirty days prior to the public comment hearing.

IV.A.6. The commission shall hold a public comment hearing within sixty days of its receipt of the request for such hearing pursuant to section IV.A.2. of this Part D (unless such greater time is agreed to by the applicant and the division), but at least sixty days after receipt by any Federal Land Manager of notice and the permit application required pursuant to section XIII.A. of this Part D. The division shall appear at the public comment hearing in order to present the permit application. At least thirty days prior to such hearing, notice thereof shall be mailed by the commission to the applicant, to any interested person who submitted a request for a public hearing and to any Federal Land Manager given notice pursuant to section XIII.A., printed in a newspaper of general distribution in the area of the proposed source or modification, and submitted for public review with the county clerk for each county in which the source or modification is or will be located. Except as provided herein and in the notice, such hearings will be conducted pursuant to the Act, the Procedural Rules of the Air Quality Control commission and the State Administrative Procedure Act, Colorado Revised Statutes, section 24-4-101 et seq.

IV.A .7. Within fifteen days after the division makes a final decision on an application subject to the requirements of this Part D, the division shall make available for public inspection the decision and all public comments with the county clerk for each county where the pre- construction information was made available.

V. Requirements Applicable to Nonattainment Areas V.A. Major Stationary Sources.

For any new major stationary source or major modification, the division shall grant a permit if it determines that the following conditions in sections V.A.1. through V.A.6., as well as those in section III.D.1. of Part B of this regulation, will be met: V.A.1. The proposed source will achieve the lowest achievable emission rate for the specific source category.

V.A.2. The applicant has certified that all other existing major stationary sources owned, operated, or controlled by the applicant (or any entity controlling, controlled by, or under the common control with the applicant) in Colorado are in compliance with the requirements of the State implementation plan and the federally approved state implementation plan, or are subject to and in compliance with an enforceable compliance schedule, or a federally enforceable compliance schedule. V.A.3. Prior to the date of commencement of operations, emission reductions (offsets) greater than one for one must be obtained from existing sources within the nonattainment area for each pollutant, or its precursors, for which the area is nonattainment. Offsets must represent reasonable further progress towards attainment of the National Ambient Air Quality Standards when considered in connection with other new and existing sources of emissions. In addition, offsets for PM10 , sulfur oxides, and carbon monoxide must show, through atmospheric modeling, a positive net air quality benefit in the area affected by the emissions. Provided, however, that offsets meeting the requirements of this section V.A.3. may also be obtained from existing sources outside the nonattainment area if the applicant demonstrates:

V.A.3.a. A greater air quality benefit may thus be achieved, or sufficient offsets are not available from sources within the nonattainment area; and V.A.3.b. The other area has an equal or higher nonattainment classification than the area in which the source is located; and V.A.3.c. Emissions from such other area contribute to a violation of the National Ambient Air Quality Standard in the nonattainment area in which the source is located.

V.A.3.d. With respect to offsets obtained from outside the nonattainment area, the division may increase the ratio of the required offsets to new emissions the greater the distance such offsets are from the new or modified source. V.A.4. The permit application shall include an analysis of alternative sites, sizes, production processes and environmental control techniques for such proposed source that demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

V.A.5. Offsets for which emission reduction credit is taken must be enforceable through permit conditions or source specific state implementation plan revisions. V.A.6. The applicant will demonstrate that emissions from the proposed source will not adversely impact visibility in a Class I area. This demonstration shall be reviewed by the Federal Land Manager and any determination made by the Federal Land Manager shall be considered in the division's decision to grant the permit. If an adverse impact, as described in section XIV.E., is predicted by the division, the permit application will be denied. Federal Land Manager involvement shall follow the same procedures as stated in section XII.A. of this Part D. The demonstration will be performed using either techniques described in the latest version of the U.S. EPA document entitled "Workbook for Estimating Visibility Impairment" or other techniques approved by the division. V.A.7. Applicability of Certain Nonattainment Area Requirements V.A.7.a. Any major stationary source in a nonattainment area is subject to the requirements of section V.A. of this Part D.

V.A.7.b. The requirements of section V.A. shall apply at such time that any stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation that was established after August 7, 1980 on the capacity of the source or modification to otherwise emit a pollutant, such as a restriction on hours of operation. V.A.7.c. The following provisions apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a project that is not a part of a major modification and the owner or operator elects to use the method specified in sections II.A.36.b.(i) through II.A.36.b.(iii) of this Part D for calculating projected actual emissions. V.A.7.c.(i) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

1. V.A.7.c.(i)(A) A description of the project;
   1. V.A.7.c.(i)(B) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and V.A.7.c.(i)(C) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under section II.A.36.b.(iii) of this Part and an explanation for why such amount was excluded, and any netting calculations, if applicable.

      V.A.7.c.(ii) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in section V.A.7.c.(i) to the division. Nothing in this section V.A.7.c.(ii) shall be construed to require the owner or operator of such a unit to obtain any determination from the division before beginning actual construction.

      V.A.7.c.(iii) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions units identified in section V.A.7.c.(i)(B); and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of ten years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.

      V.A.7.c.(iv) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the division within sixty days after the end of each year during which records must be generated under section V.A.7.c.(iii) setting out the unit's annual emissions during the calendar year that preceded submission of the report.

      V.A.7.c.(v) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the division if the annual emissions, in tons per year, from the project identified in section V.A.7.c.(i), exceed the baseline actual emissions (as documented and maintained pursuant to section V.A.7.c.(i)(C)) by a significant amount (as defined in section II.A.42. of this Part) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to section V.A.7.c.(i)(C). Such report shall be submitted to the division within sixty days after the end of such year. The report shall contain the following:

      1. V.A.7.c.(v)(A) The name, address and telephone number of owner or operator of the major stationary source;
         1. V.A.7.c.(v)(B) The annual emissions as calculated pursuant to section V.A.7.c.(iii); and V.A.7.c.(v)(C) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).

V.A.7.d. The owner or operator of the source shall make the information required to be documented and maintained pursuant to section V.A.7.c. available for review upon request for inspection by the division or the general public. V.A.8. Exemptions from certain nonattainment area requirements: V.A.8.a. The following are exempt from the major stationary source criteria of section V.A.3. of this Part.

1. V.A.8.a.(i)(A) Portable sources that will relocate outside a nonattainment area in less than one year.
   1. V.A.8.a.(i)(B) Each pilot plant that operates an aggregate of less than six months.
      1. V.A.8.a.(i)(C) Construction phases of a new or modified building, facility, structure, or installation. These may, at the discretion of the division, exceed a period of one year.
         1. V.A.8.a.(i)(D) Other temporary processes or activities of less than one year in duration.

            V.A.8.a.(i)(E) Sources undergoing fuel switches as required by federal order if the division determines that:

            V.A.8.a.i(E)(1) The applicant has used best efforts in seeking the required emission offsets but was unsuccessful;

            V.A.8.a.i(E)(2) All available emission offsets were obtained; and, V.A.8.a.i(E)(3) The applicant will continue to seek emission offsets as they become available.

VI. Requirements applicable to attainment and unclassifiable areas and pollutants implemented under section 110 of the Federal Act (Prevention of Significant Deterioration Program). VI.A. Major Stationary Sources and Major Modifications. The requirements of this section VI. shall apply to any major stationary source and any major modification with respect to each pollutant regulated under the Act and the Federal Act that it would emit, except as this Regulation No. 3 would otherwise allow. For any new major stationary source or major modification proposing to construct in any area in Colorado designated under section l07 (d) of the Federal Act as attainment or unclassifiable for any criteria pollutant as of the date of submittal of a complete application under this Regulation No. 3, or for pollutants implemented under section 110 of the Federal Act, the division shall grant a permit if it determines that the following requirements, in addition to those in section III.D.1. of Part B of this regulation, have been or will be met:

VI.A.1. Control Technology Review.

VI.A.1.a. A new major stationary source shall apply Best Available Control Technology for each pollutant regulated under the Act or Federal Act that it would have the potential to emit in significant amounts.

VI.A.1.b. A major modification shall apply best available control technology for each pollutant regulated under the Act or Federal Act for which there would be a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation of the unit.

VI.A.1.c . For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate for phases that commence construction more than 18 months after the initial granting of the permit at the latest reasonable time which occurs no later than eighteen months prior to commencement of construction of each independent phase of the project . The review will be conducted in a timely manner that will allow the owner or operator to proceed with scheduled construction of the source. During the review, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source.

VI.A.2. Source Impact Analysis. The owner or operator of the proposed source or modification shall demonstrate to the division that allowable emission increases from the proposed source or modification in conjunction with all other applicable emissions increases or reductions (including secondary emissions) will not cause or contribute to concentrations of air pollutants in the ambient air in violation of:

VI.A.2.a. Any state or national ambient air quality standard in any baseline area or air quality control region; or VI.A.2.b. Any applicable maximum allowable increase over the baseline concentration in any area.

VI.A.3. Pre-construction Monitoring and Analysis VI.A.3.a. An analysis of ambient air quality in any area that would be affected by the proposed major stationary source or major modification shall be performed for each pollutant regulated under the Act or Federal Act that the source or modification would emit or have the potential to emit in a significant amount, or for which there would be a significant net emissions increase. VI.A.3.b. With respect to any such regulated pollutant for which no national ambient air quality standard exists and for which there is an acceptable method for the monitoring of that pollutant, the analysis shall contain such air quality monitoring data as the division determines are necessary to assess ambient air quality for that pollutant in any area that emissions of that pollutant would affect. VI.A.3.c. With respect to any such pollutant for which a national ambient air quality standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the applicable standard or any maximum allowable increase.

VI.A.3.d. In general, the continuous air quality monitoring data that are required under section VI.A.3.c., or the pre-application monitoring of air quality related values required by section XIII.B. of this Part, shall have been gathered over a period of one year and shall represent the year preceding receipt of the application, except that, if the division determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months), the data that are required shall have been gathered over at least that shorter period.

VI.A.3.e . The owner or operator of a proposed major stationary source or major modification of volatile organic compounds who satisfies all conditions of the Code of Federal Regulations Title 40, Part 5l, Appendix S, section IV. (but not including conditions resulting from amendments after July 1, 1991 and not including section IV. B. of Appendix S) may provide post-approval monitoring data for ozone in lieu of providing pre-construction data as required under section VI.A.3.a. (Information on obtaining the Code of Federal Regulations Title 40, Part 5l, Appendix S, section IV. is available from the Director, Air Pollution Control division, 4300 Cherry Creek Drive South, Denver, Colorado, 80246-1530.) VI.A.4. Post-Construction Monitoring. At its discretion, the division may require that the owner or operator of a major stationary source or major modification conduct post-construction ambient monitoring for a period up to one year. The division may also require additional monitoring beyond the one year period if such monitoring is necessary to determine the effect emissions from the stationary source or modification have, or may have, on air quality in any area. The monitoring of air quality related values or sensitive receptors required by section XIII.B. of this Part, shall be for such time as is necessary to determine the effect emissions from the source or modification will have on the air quality related values or sensitive receptors.

Post-construction monitoring requirements will be permit conditions. VI.A.5. Operation of Monitoring Stations. The owner or operator of a major stationary source or major modification shall use the U.S. EPA accepted procedures for ambient monitoring as approved by the division during the operation of monitoring stations for purposes of satisfying the requirements of sections VI.A.3. and VI.A.4., above. VI.A.6. Additional Impact Analysis. For each pollutant that is regulated under the Act or the Federal Act, and for which the source or modification would emit in significant amounts (as defined in section II.A.42. of this Part) or for which there would be a significant net emissions increase, the owner or operator shall provide an analysis of the impairment to visibility, water, soils, and vegetation that would occur as a result of the emissions of such pollutant from the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The analysis of impairment to water will not be used in the determination of best available control technology. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value. The additional impact analysis will include the effects on air quality related values as stated in section XIII.B. of this Part, if applicable.

The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification.

VI.B. Applicability of Certain PSD Requirements.

VI.B.1. The requirements of section VI.A. do not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant:

VI.B.1.a. The source or modification is subject to Part 3 of the Act and section V. of this Part, and the source or modification would not impact any area designated as attainment or unclassifiable for that pollutant; or VI.B.1.b. The emissions from the source or modification would not be significant; or VI.B.1.c. The source or modification is a portable stationary source that has previously received a permit under requirements equivalent to those contained in section VI.A. of this Part if:

1. VI.B.1.c.(i) The source proposes to relocate and emissions of the source at the new location would be temporary;
   1. VI.B.1.c.(ii) The emissions from the source would not exceed its allowable emissions;

      VI.B.1.c.(iii) The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and VI.B.1.c.(iv) Reasonable notice identifying the proposed new location and the probable duration of operation at the new location and a revised Air Pollutant Emission Notice is given to the division prior to the relocation. Such notice and revised Air Pollutant Emission Notice shall be given to the division not less than ten days in advance of the proposed relocation unless a different time duration is previously approved by the division. VI.B.2. The requirements contained in sections VI.A.2. through VI.A.4. of this Part do not apply: VI.B.2.a. To a proposed major stationary source or major modification with respect to a particular pollutant, if the emissions would be from a temporary source, modification or activity, such as construction or exploration, and would not have an impact on air quality in any Class I area or an area where an applicable increment is known to be violated; or VI.B.2.b. As they relate to any maximum allowable increase for a Class II area, to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each pollutant subject to regulation under the Act from the modification after the application of best available control technology would be less than fifty tons per year.

VI.B.3. The division may exempt a proposed major stationary source or major modification from the requirements of sections VI.A.3. through VI.A.5. of this Part, with respect to monitoring for a particular pollutant if:

VI.B.3.a. The emissions of the pollutant from the new stationary source or the net emissions increase of the pollutant from the modification would cause air quality impacts, in any area, less than the following:

1. VI.B.3.a.(i) Carbon monoxide - 575 µg/m 3 , 8-hour average; VI.B.3.a.(ii) Nitrogen dioxide - l4 µg/m 3 , annual average; VI.B.3.a.(iii) Particulate Matter - 10 µg/m 3 total suspended particulate matter, 24-hour average; PM -- 10 µg/m 3 , 24-hour average;
   1. VI.B.3.a.(iv) Sulfur dioxide - l3 µg/m 3 , 24-hour average; VI.B.3.a.(v) Lead - 0.l µg/m 3 , 3-month average;

      VI.B.3.a.(vi) Fluorides - 0.25 µg/m 3 , 24-hour average; VI.B.3.a.(vii) Total reduced sulfur - l0 µg/m 3 , l-hour average; VI.B.3.a.(viii) Hydrogen sulfide - 0.2 µg/m 3 , l-hour average; VI.B.3.a.(ix) Reduced sulfur compounds - l0 µg/m 3 , l-hour average; or VI.B.3.b. The existing concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in this section; or VI.B.3.c. For ozone, the emissions increase or net emissions increase of volatile organic compounds from the source or modification would be less than 100 tons per year; or VI.B.3.d. The pollutant is not referred to in this section. VI.B.4. The requirements of this Part D shall apply at such time that any stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation that was established after August 7, 1980, on the capacity of the source or modification to otherwise emit a pollutant such as a restriction on hours of operation.

VI.B.5. The following provisions apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a project that is not a part of a major modification and the owner or operator elects to use the method specified in sections II.A.36.b.(i) through II.A.36.b.(iii) of this Part D for calculating projected actual emissions.

VI.B.5.a. Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information: VI.B.5.a.(i) A description of the project;

1. VI.B.5.a.(ii) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and VI.B.5.a.(iii) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under section II.A.36.b.(iii) of this Part, and an explanation for why such amount was excluded, and any netting calculations, if applicable.

VI.B.5.b. If the emissions unit is an existing electric utility steam-generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in section VI.B.5.a. to the division. Nothing in this section VI.B.5.b. shall be construed to require the owner or operator of such a unit to obtain any determination from the division before beginning actual construction. VI.B.5.c. The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in section VI.B.5.a.(ii); and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of ten years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.

VI.B.5.d. If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the division within sixty days after the end of each year during which records must be generated under section VI.B.5.c. setting out the unit's annual emissions during the calendar year that preceded submission of the report.

VI.B.5.e. If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the division if the annual emissions, in tons per year, from the project identified in section VI.B.5.a. exceed the baseline actual emissions (as documented and maintained pursuant to section VI.B.5.a.(iii)) by a significant amount (as defined in section II.A.42. of this Part) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to section VI.B.5.a.(iii). Such report shall be submitted to the division within sixty days after the end of such year. The report shall contain the following: VI.B.5.e.(i) The name, address and telephone number of the major stationary source;

1. VI.B.5.e.(ii) The annual emissions as calculated pursuant to section VI.B.5.c.; and VI.B.5.e.(iii) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).

VI.B.6. The owner or operator of the source shall make the information required to be documented and maintained pursuant to section VI.B.5. available for review upon request for inspection by the division or the general public. VI.B.7. A stationary source or modification may apply the applicable maximum allowable increases for total suspended particulate matter as in effect on the date of the permit application, in meeting the requirements of section VI.A.2. of this Part, if the following requirements are met:

VI.B.7.a. The owner or operator of the source or modification submitted an application for a permit under Regulation No. 3 before the provisions for maximum allowable increases for PM10 took effect; and VI.B.7.b. The division determines that the application as submitted, before the date that the maximum allowable increases for PM10 took effect, was complete. VI.C. Notice to the U.S. EPA.

The division shall transmit to the Administrator of the U. S. EPA a copy of each permit application relating to a major stationary source or major modification subject to this regulation, and provide notice of every action related to the consideration of such permit. VI.D. Major Stationary Sources in attainment areas affecting nonattainment areas. VI.D.1. For any new major stationary source or major modification that is proposed to be constructed in an area designated under section 107(d) of the Federal Act as attainment or unclassifiable for a particular pollutant and the emissions of such pollutant from which would significantly affect ambient air quality in an area designated as nonattainment for such pollutant, the division shall grant a permit if it determines that one or both of the following conditions, as well as those in section III.D.1. of Part B and section VI.A. of this Part D will be met:

VI.D.1.a. The proposed source or modification will meet the requirements of sections V.A.1. and V.A.2. of this Part, and obtain sufficient emission reductions of such pollutant in the nonattainment area to offset that portion of its emissions of such pollutant that affect the nonattainment area. Offsets may be obtained from outside the nonattainment area as provided in section V.A.3. of this Part; or VI.D.1.b. The proposed source or modification will achieve an emissions rate that will ensure that the emissions of such pollutant from the source or modification will not significantly affect ambient air quality in the nonattainment area. VI.D.2. Ambient air quality will be deemed to be significantly affected if, but for any offsets, the applicable significance level set forth in the following table would be exceeded in the nonattainment area.

TABLE OF SIGNIFICANCE LEVELS Pollutant Averaging Time . Annual 24-Hour 8-Hour SO 2 1.0 µg/m 3 5 µg/m 3 .

PM 10 1.0 µg/m 3 5 µg/m 3 .

NO 2 1.0 µg/m 3 . .

CO . . 3 500 µg/m VI.D.3. Any new major stationary source or major modification subject to this section that will emit or cause a net emissions increase in volatile organic compounds or oxides of nitrogen shall demonstrate to the satisfaction of the division that its emissions will not affect any ozone nonattainment area or shall obtain offsets as required in section VI.D.1., above.

VI.D.4. Emission offsets for PM10, sulfur dioxide, and carbon monoxide, must show, through air quality modeling, a positive net air quality benefit in the portion of the nonattainment area affected by emissions from the proposed source or modification.

VII. Negligibly Reactive Volatile Organic Compounds (NRVOCs) VII.A. The negligibly reactive volatile organic compounds referenced in the Common Provisions definition of negligibly reactive volatile organic compounds are considered to be of negligible photochemical reactivity and are neither counted as reactive volatile organic compounds in determining volatile organic compound emission contributions to an increase in ozone nor used as volatile organic compound emission offsets or other volatile organic compound emission trading credits against volatile organic compounds not listed in the common provisions negligibly reactive volatile organic compound definition.

VII.B. Negligibly reactive volatile organic compounds may be substituted for volatile organic compounds and the resulting decrease in volatile organic compound emissions, if otherwise creditable, may be used for offset, banking or other emission trading credit. VIII. Area Classifications VIII .A. The following areas in Colorado shall be Class I areas and may not be redesignated: VIII.A.1. National Parks VIII.A.1.a. Rocky Mountain VIII.A.1.b. Mesa Verde VIII.A.2. National Wilderness Areas VIII.A.2.a. Black Canyon of the Gunnison VIII.A.2.b. Eagle's Nest VIII.A.2.c. Flattops VIII.A.2.d. Great Sand Dunes VIII.A.2.e. La Garita VIII.A.2.f. Maroon Bells - Snowmass VIII.A.2.g. Mount Zirkel VIII.A.2.h. Rawah VIII.A.2.i. Weminuche VIII.A.2.j. West Elk VIII.B. All other areas of Colorado, unless otherwise specified by Act of Congress or the Colorado legislature, or the commission pursuant to section IX. are designated Class II; provided, however that in the following areas as they existed on August 7, 1977 (maps available from the division), the increase allowed in sulfur dioxide concentrations over the baseline concentration shall be the same as the increase established by section 163(b) of the Federal Act for Class I areas, except that such allowable increases may not be allowed if a Federal Land Manager should make an adverse impact determination under section XIII.C. with which the division concurs and except that such allowable increases, may be exceeded by compliance with the provisions of sections XIII.D., XIII.E., or XIII.F.:

VIII.B.1. National Monuments VIII.B.1.a. Florissant Fossil Beds VIII.B.1.b. Colorado VIII.B.1.c. Dinosaur VIII.B.1.d. Great Sand Dunes (those portions not included as National Wilderness Areas in section VIII.A.2.)

VIII.B.2. Forest Service Primitive Areas VIII.B.2.a. Uncompahgre Mountain VIII.B.2.b. Wilson Mountain VIII.B.3. Lands administered by the Federal Bureau of Land Management in the Gunnison Gorge Recreation Area as of October 27, 1977. All areas designated Class II under this section may be redesignated as provided in section IX. of this Part. VIII.B.4. National Parks Black Canyon of the Gunnison (those portions not included as National Wilderness Areas in section VIII.A.2.)

VIII.C. The following areas may be redesignated only as Class I or II. VIII.C.1. An area that exceeds ten thousand acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and VIII.C.2. A national park or national wilderness area established after August 7, 1977, that exceeds ten thousand acres in size.

VIII.D. The commission recognizes out of state Class I areas that have been listed in the Federal Register (44 Fed. Reg. 69124). Emissions from sources in Colorado shall not violate any standard in these areas.

IX. Redesignation IX.A. Except as otherwise provided in this section or section VIII. of this Part, the commission may redesignate any area in Colorado as Class I, Class II or Class III as herein provided. The commission will provide notice to the General Purpose Unit of local government in an area where the maximum allowable increase is being approached.

IX.B. The commission shall review and consider a request for redesignation by any person. IX.C. The commission shall not set a hearing date on a proposed redesignation until the following have been completed:

IX.C.1. A complete description of the area proposed for redesignation; IX.C.2. A detailed statement of the circumstances that support the proposed redesignation; IX.C.3. A prediction of the costs and benefits for the affected population from the proposed redesignation;

IX.C.4. A technical analysis of expected impacts on ambient air quality in adjacent or nearby areas;

IX.C.5. Comments, or evidence of an opportunity for submission of comments, by all appropriate regional planning agencies and councils of government organizations, affected municipalities and other affected political subdivisions; and IX.C.6. An analysis of the relationship of the proposed redesignation with applicable county or regional development plans, including but not limited to, comprehensive area wide plans and 208 water quality plans.

IX.D. The commission shall provide sixty day notice prior to a public hearing, including notice to other states, Indian governing bodies and Federal Land Managers whose lands may be affected by a proposed redesignation, of any proposed redesignation, and conduct public hearings on such proposed redesignation in or near areas within Colorado that may be affected by such proposed redesignation, including at least one public hearing within or as near as is practicable to the area to be redesignated. At least thirty days prior to any such public hearings, the commission shall make available for public inspection a discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, and societal and energy effects of the proposed redesignation. The notice announcing any public hearings shall contain appropriate notification of the availability of such discussion. IX.E. Prior to the issuance of notice respecting the proposed redesignation of an area that includes any federal lands, the commission shall provide written notice to the appropriate Federal Land Manager and afford adequate opportunity (not in excess of sixty days) to confer with the commission respecting the notice of proposed redesignation and to submit written comments and recommendations with respect to such notice of proposed redesignation. In redesignating any area with respect to which any Federal Land Manager had submitted written comments and recommendations, the commission shall publish a list of any inconsistency between such redesignation and such comments and recommendations and an explanation of such inconsistency (together with the reasons for making such redesignation against the recommendation of the Federal Land Manager).

IX.F. All redesignations, except any established by an Indian governing body, shall be specifically approved; (1) by the governor, after consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the legislature, if it is not in session, and (2) by resolutions or ordinances enacted by the general purpose units of local government representing a majority of the residents of the area to be redesignated. IX.G. No area may be redesignated if such redesignation would cause or contribute to concentrations of any air pollutant in any other area that exceed any maximum allowable increase or maximum allowable concentration permitted under the classification of such area. IX.H. Lands within the exterior boundaries of reservations of federally recognized Indian tribes may be redesignated only by the appropriate Indian governing body. IX.I. Any redesignation shall constitute a revision to the Colorado State Implementation Plan and shall be submitted for approval to the Administrator of the U.S. EPA. IX.J. Any redesignation or denial of a proper request for redesignation made pursuant to this section IX. shall be subject to judicial review in accord with Colorado Revised Statute section 25-7-120. IX.K. Any area other than an area to which sections VIII.A. or VIII.C. refer to may be redesignated as Class III if any major stationary source or major modification could receive a permit only if the area in question were redesignated as Class III, and any material submitted as part of that application were available, insofar as was practicable, for public inspection prior to any public hearing on redesignation of any area as Class III.

X. Air Quality Limitations X.A. Ambient Air Increments X.A.1. The maximum allowable increases over the baseline concentration for sulfur dioxide, PM , or nitrogen dioxide except as provided in section VIII.B. of this Part, are: X.A.1.a. For any Class I area:

1. 3 .

PM 10 (µg/m )

Annual arithmetic mean 4 Twenty-four hour 8 maximum 3 .

Sulfur dioxide (µg/m )

Annual arithmetic mean 2 Twenty-four hour 5 maximum Three hour maximum 25 Nitrogen dioxide (µg/m .

)

Annual arithmetic mean 2.5 X.A.1.b. For any Class II area:

1. 3 .

PM 10 (µg/m )

Annual arithmetic mean 17 Twenty-four hour 30 maximum 3 .

Sulfur dioxide (µg/m )

Annual arithmetic mean 20 Twenty-four hour 91 maximum Three hour maximum 512 Nitrogen dioxide (µg/m .

)

Annual arithmetic mean 25 X.A.1.c. For any Class III area:

1. 3 .

PM 10 (µg/m )

Annual arithmetic mean 34 Twenty-four hour 60 maximum 3 .

Sulfur dioxide (µg/m )

Annual arithmetic mean 40 Twenty-four hour 182 maximum Three hour maximum 700 Nitrogen dioxide (µg/m .

)

Annual arithmetic mean 50 X.A.2. The maximum allowable increases over the baseline concentration for any other air pollutant shall be the same as those increases established pursuant to section 166(a) of the Federal Act.

X.A.3. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location. X.A.4. Periodic Review X.A.4.a. The division shall, on a periodic basis, review the adequacy of this Regulation

1. No. 3 for preventing significant deterioration of air quality. Within thirty days after any information becomes available and there is cause to believe that an applicable increment is being violated, the division shall present the cause for such belief to the commission.

X.A.4.b. If the commission concurs that there is cause to believe that an increment is being violated, it shall hold a hearing to determine whether an increment violation exists. The hearing shall be held pursuant to the procedures of Colorado Revised Statute section 25-7-119. Notice should be given by first class mail to permitted sources that can be reasonably identified as emitting the pollutant in violation and affecting the area of violation.

X.A.4.c. Should the Commission determine that an increment violation exists, the division shall review all sources affecting the area of increment violation and ensure that all such sources comply with all applicable permit conditions, and state and local regulations. Within thirty days after completing such a review, the division shall recommend revisions, if necessary, to the commission to correct the violation. Upon receipt of recommended revisions from the division, the commission shall as soon as practicable act to revise this regulation as it deems necessary.

X.A.5. Increment Consumption Restriction X.A.5.a. No new major stationary source or major modification shall individually consume more than seventy-five percent of an applicable increment. X.A.5.a.(i) Applicants may request a hearing before the commission to request a waiver of this restriction. The hearing shall be heard in accordance with the provisions of Colorado Revised Statute sections 25-7-114 (4)(h), 25-7-119 (Colorado Air Pollution Prevention and Control Act), and Colorado Revised Statute 24-4-105 (State Administrative Procedure Act). X.A.5.a.(i)(A) The commission shall not set a hearing date for a waiver request until submittal of comments, or evidence of an opportunity for submittal of comments by all appropriate regional planning agencies and councils of government organizations, affected municipalities and other affected political subdivisions has occurred.

1. X.A.5.a.(i)(B) Ambient Air Limits. No concentrations of a pollutant shall exceed a national ambient air quality standard or a state ambient air standard where no national ambient air quality standard has been established.

XI. Exclusions From Increment Consumption XI.A. The following concentrations are excluded in determining compliance with a maximum allowable increase:

XI.A.1. Concentrations attributable to the increase in emissions from stationary sources that have converted from the use of petroleum products, natural gas, or both by an order in effect under sections 2(a) and (b) of the federal "Energy Supply and Environmental Coordination Act of 1974" (or any superseding legislation) over the emissions from such sources before the effective date of such an order, but not more than five years after the effective date of such an order.

XI.A.2. Concentrations attributable to the increase in emissions from sources that have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal "Power Act" over the emissions from such sources before the effective date of such plan, but not more than five years after the effective date of the plan.

XI.A.3. Concentrations of particulate matter attributable to an increase in emissions from construction or other temporary emission-related activities of new or modified sources. XI.A.4. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, or particulate matter, or nitrogen oxides from stationary sources that are affected by revisions of the Colorado State Implementation Plan that are approved by the Administrator of the U.S. EPA and that provide:

XI.A.4.a. The time period of such temporary increase in emissions is not renewable and may not exceed two years in duration, unless a longer time is approved by the division and the U.S. EPA;

XI.A.4.b. Such temporary increase in emissions shall not impact a Class I area or an area where an applicable increment is known to be violated or cause or contribute to the violation of a national ambient air quality standard; and XI.A.4.c. Emission limitations shall be in effect at the end of the time period specified in the plan revision that will ensure that the emissions levels from stationary sources affected by the plan revision will not exceed those levels occurring from such sources before the plan revision was approved by the U.S. EPA.

XII. Innovative Control Technology XII.A. An owner or operator of a proposed major stationary source or major modification otherwise subject to the requirements of section VI. of this Part D may request the division to grant a waiver from the Best Available Control Technology requirements and to approve a system of innovative control technology, in order to encourage the use of such technology. XII.B. The division or the commission may, with the consent of the governor(s) of other affected states, grant a waiver from the Best Available Control Technology requirements of section VI.A.1. of this Part necessary for the employment of innovative control technology and determine that the source or modification may employ such system if:

XII.B.1. The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; XII.B.2. The owner or operator agrees to achieve a level of continuous emissions reduction greater than or equivalent to that which would have been required under section VI.A.1. by a date specified by the division. Such date shall not be later than four years from the time of startup or seven years from permit issuance;

XII.B.3. The source or modification would meet the requirements of sections VI.A.1. and VI.A.2. based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the division;

XII.B.4. The source or modification would not, before the date specified by the division under section XII.B.2., above;

XII.B.4.a. Cause or contribute to any violation of an applicable national ambient air quality standard; or XII.B.4.a.(i) Impact any area where an applicable increment is known to be violated; or XII.B.5. All other applicable requirements including those for public participation have been met. XII.B.6. The provisions of section VIII. of this Part (relating to Class I areas) have been satisfied with respect to all periods during the life of the source or modification. XII.C. The division shall withdraw any approval to employ a system of innovative control technology made under this section, if:

XII.C.1. The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or XII.C.2. The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or XII.C.3. The division decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety. XII.D. If a source or modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accordance with section XII.C., above, the division may allow the source or modification up to an additional three years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.

XIII. Federal Class I Areas XIII.A. Within twenty days of receipt of a permit application for a new major stationary source or major modification that may affect visibility or air quality related values in any Federal Class I area, the division shall transmit a copy of the application to all affected Federal Land Managers and consult with them as to its completeness in its analysis and monitoring (if required) of air quality related values. If the division receives advance notification of a permit application of a source that may affect visibility or air quality related values, it will notify all affected Federal Land Managers within thirty days of such notification. The division will consider any analysis performed by a Federal Land Manager that indicates there will be an adverse impact on visibility or air quality related values if such analysis is received within thirty days after the Federal Land Manager receives a copy of the complete application. If the division disagrees with the Federal Land Manager, any notices for public comment or of a public hearing on the application will explain the disagreement or state where the explanation can be obtained.

XIII.B. In addition to the general impact analysis required by section VI.A.6. of this Part, any source that will have or is likely to have an impact on any designated Class I area may be required to conduct monitoring to establish the condition of and impact on air quality related values in such Class I area(s) both prior to completing an application for a permit to construct and during the construction and operation of such source.

XIII.B.1. If monitoring is required, the source shall conduct a private monitoring program. However, if monitoring is being conducted by any other existing source or government agency, the new source may enter into a joint monitoring program with that source or agency. All monitoring programs must be approved in advance by the division. XIII.B.2. Pre-application monitoring may include the monitoring of not more than three air quality related values or sensitive receptors of air quality related values specified by the division after consultation with the Federal Land Manager. The air quality related values or sensitive receptor(s) selected must be important to the affected Class l area, and there must be cause to believe that monitoring of the air quality related values or sensitive receptors will provide a basis for evaluating effects to the relevant air quality related values.

XIII.B.3. Monitoring during construction and operation may only be required for the sensitive receptors specified for pre-application monitoring, unless new information becomes available that demonstrates a significant economic or technological advantage of monitoring a different sensitive receptor, and it is acceptable to the source owner or operator.

XIII.B.4. Monitoring of air quality related values or sensitive receptors of air quality related values may only be required if:

XIII.B.4.a. Monitoring methods are reasonably available and research and development of monitoring methods are unnecessary;

XIII.B.4.b. The major effect on the air quality related values or sensitive receptor would reasonably be predicted to be a result of the applicant's individual emissions or of the applicant's emissions in combination with any person's emissions with whom the applicant may be required to conduct joint monitoring; and XIII.B.4.c. It is economically reasonable for the source to conduct such monitoring. XIII.C. Sources Impacting Federal Class I Area - Additional Requirements. Federal Land Managers may present to the division, after its preliminary analysis required under section III.B. of Part B of this regulation, a demonstration that the emissions from the proposed source or modification would have an adverse impact on the air quality related values (including visibility) of any federal mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations that would exceed the maximum allowable increases for a Class I area. If the division concurs with such demonstration, or in the event the Federal Land Manager fails to perform an adverse impact analysis and the division determines that there is an adverse impact on visibility, or the division determines that a demonstration of no adverse impact is in error, the division shall not issue the permit.

XIII.D. Class I Variances. The owner or operator of a proposed major stationary source or major modification may demonstrate to the satisfaction of the Federal Land Manager that the emissions from such source or modification would not have an adverse impact on the air quality related values (including visibility) of Class I lands under the Federal Land Manager's jurisdiction, notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations that would exceed the maximum allowable increases for a Class I area. If the Federal Land Manager concurs with such demonstration and so certifies to the division, the division or the commission may, provided that applicable requirements are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, and PM , and nitrogen oxides would not exceed the following maximum allowable increases over the minor source baseline concentration for such pollutants.

Maximum allowable .

increase Particulate matter .

PM 10 , Annual 17 µg/m 3 arithmetic mean PM 10 , Twenty-four 30 µg/m 3 hour maximum Sulfur dioxide .

Annual arithmetic mean 3 20 µg/m Twenty-four hour 3 91 µg/m maximum Three hour maximum 3 325 µg/m Nitrogen dioxide .

Annual arithmetic mean 3 25 µg/m XIII.E. Sulfur Dioxide Variance by Governor XIII.E.1. The owner or operator of a proposed major stationary source or major modification that cannot be approved under section XIII.D., above, may demonstrate to the governor that the source or modification cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for periods of twenty-four hours or less, applicable to any Class I area and, in the case of the federal mandatory Class I areas, that a variance under this section would not have an adverse affect on the air quality related values of the area (including visibility).

XIII.E.2. The governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may grant, after notice and an opportunity for a public hearing, a variance from such maximum allowable increase. XIII.E.3. If such variance is granted, the division may issue a permit to such source or modification in accordance with section XIII.G., below, if the applicable requirements of Regulation No. 3 are otherwise met.

XIII.F. Variance by the Governor with the President's Concurrence XIII.F.1. The recommendations of the governor and the Federal Land Manager shall be transferred to the president in any case where the governor recommends a variance with which the Federal Land Manager does not concur.

XIII.F.2. If the president approves the variance, the division may issue a permit in accordance with section XIII.G., below, if the applicable requirements of Regulation No. 3 are otherwise met.

XIII.G. Emission Limitations for Presidential and Gubernatorial Variance. In the case of a permit to be issued under sections XIII.E. and XIII.F., the source or modification shall comply with emission limitations as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on that the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations that would exceed the following maximum allowable increases over the baseline concentration assure that such emissions would not cause or contribute to concentrations that exceed the otherwise applicable maximum allowable increases for periods of exposure of twenty-four hours or less for more than eighteen days, not necessarily consecutive, during any annual period: Maximum Allowable Increase (µg/m 3 )

Period of Exposure Terrain Areas .

. Low High 24-hour maximum 36 62 3-hour maximum 130 221 XIV. Visibility XIV.A. Purpose This section assures reasonable progress towards the national goal of preventing future, and remedying existing, visibility impairment in Class I areas, where such impairment results from man-made air pollution.

XIV.B. Applicability This section applies to all Class I areas and to sources in Colorado the emissions from which may reasonably be anticipated to cause or contribute to any impairment of visibility in any such area (even if the area is in another state).

XIV.C. Definitions For purposes of this section XIV.

XIV.C.1. Adverse impact on visibility means for the purpose of section XIV.E. visibility impairment that interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Class I area. Any determination shall be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with times of visitor use of the Class I area, and the frequency and timing of natural conditions that reduce visibility.

XIV.C.2. Best Available Retrofit Technology means an emission limitation achievable through the application of the best system of continuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitation shall be established on a case-by-case basis taking into consideration the technology available, the costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility that may reasonably be anticipated to result from the use of such technology.

XIV.C.3. Existing stationary facility means any of the stationary sources of air pollutants defined in sections I.B.19., I.B.22. through I.B.25., I.B.34., and I.B.41. of Part A, section I.A.1.(c) of Part C, and section II.A.24. of Part D of this regulation, including any reconstructed source, that was not in operation prior to August 7, 1962, and had commenced construction on or before August 7, 1977, and has the potential to emit two hundred and fifty tons per year or more of any air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable shall be counted. XIV.C.4. Long-term strategy means a ten to fifteen year plan for making reasonable progress toward the national goal specified in section XIV.A. of this Part. XIV.C.5. Natural conditions includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration. XIV.C.6. Reasonably attributable means attributable by visual observation or any other technique the state deems appropriate.

XIV.C.7. Significant impairment means, for purposes of section XIV.D.2.c., visibility impairment, that interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Class I area.

XIV.C.8. Visibility impairment means any humanly perceptible change in visibility (visual range, contrast, coloration) that would have existed under natural conditions. XIV.C.9. Class I area means an area listed in section VIII.A. of this Part and any area that may be redesignated to Class I in the future.

XIV.D. Existing Impairment XIV.D.1. The Federal Land Manager or the division may, at any time, certify to the division director that visibility impairment exists in any Class I area. The division may also certify that visibility impairment exists in any Class I area without the concurrence of the Federal Land Manager.

XIV.D.2. Each existing stationary facility located in Colorado to which the cause of or contribution to visibility impairment in any Class I area is reasonably attributable, shall apply for and obtain from the division a permit that requires the installation and operation of Best Available Retrofit Technology. The facility shall install and operate Best Available Retrofit Technology as expeditiously as practicable but in no case later than five years after permit issuance.

XIV.D.2.a. For fossil-fuel fired generating plants having a total generating capacity in excess of 750 megawatts, Best Available Retrofit Technology shall be determined pursuant to "Guidelines for Determining Best Available Retrofit Technology for Coal-fired Power Plants and Other Existing Stationary Facilities" (U.S. EPA Publication No. 450/3-80-009b, 1980), and state of the art information available at the time of Best Available Retrofit Technology analysis. Pursuant to Colorado Revised Statute section 24-4-103 (12.5), the document referenced in this section is available for public inspection during normal working hours, or copies are available for cost, from the technical secretary of the commission, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. This Regulation No. 3 does not include later amendments to or editions of the referenced documents. XIV.D.2.b. Should technological or economic limitations make the application of Best Available Retrofit Technology as previously defined infeasible; the state may instead prescribe a design, equipment, work practice, or other operational standard, or combination thereof, as representing Best Available Retrofit Technology. Where a facility is subject to section XIV.D.2.a., due to technological limitations, the facility shall install and operate Best Available Retrofit Technology as previously defined when new technology for control of the pollutant becomes reasonably available provided: 1) the pollutant is emitted by the existing facility; 2) controls representing Best Available Retrofit Technology for the pollutant have not previously been required under this section; and 3) the impairment of visibility in any Class I area is reasonably attributable to the emissions of that pollutant.

XIV.D.2.c. Any existing stationary facility required to install and operate Best Available Retrofit Technology under this section may apply to the division and the U.S. EPA Administrator for an exemption.

1. XIV.D.2.c.(i) An application under this section must include all available documentation relevant to the impact of the source's emissions on visibility in any Class I area and a demonstration by the existing stationary facility that it does not or will not by itself or in combination with other sources, emit any air pollutant that may be reasonably anticipated to cause or contribute to a significant impairment of visibility in any Class I area.
   1. XIV.D.2.c.(ii) Any fossil fuel fired power plant with a total generating capacity of 750 megawatts or more may receive an exemption from Best Available Retrofit Technology only if the owner or operator of such power plant demonstrates to the satisfaction of the division that such power plant is located at such a distance from all Class I areas that such power plant does not or will not by itself or in combination with other sources emit any air pollutant that may reasonably be anticipated to cause or contribute to significant impairment of visibility in any such Class I area. XIV.D.2.c.(iii) The existing stationary facility must give prior written notice to all affected Federal Land Managers of any application for exemption. XIV.D.2.c.(iv) The Federal Land Manager may provide an initial recommendation or comment on the disposition of such application. Such recommendation, where provided, must be part of the exemption application. This recommendation is not to be construed as the concurrence required under section XIV.D.2.c.(iv).

      XIV.D.2.c.(v) After notice and opportunity for public hearing, before the commission, the division may grant or deny the exemption. XIV.D.2.c.(vi) An exemption granted by the division under this section will be effective only upon concurrence by all affected Federal Land Managers. XIV.D.2.c.(vii) Any determination shall be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of the visibility impairment, and how these factors correlate with time of visitor use of the Class I area, and the frequency and timing of natural conditions that reduce visibility.

XIV.D.2.d. The division shall process any application for a permit required by section XIV.D.2., above, or any application for exemption under section XIV.D.2.b., according to the time constraints stated in Part B, section III.B. of this regulation. All applications for permits or exemptions will be subject to public notice and public hearing requirements applicable to sources subject to the provisions of section VI. of this Part. Processing fees will be charged to the applicant to recover actual costs incurred by the division as stated in section VI. of Part A of this Regulation No. 3.

XIV.E. New Source Review Applicants for new major stationary sources and major modifications shall demonstrate that the proposed source will not have an adverse impact on visibility in a Class I area as required by sections V.A.6., VI.A.6., and XIII. of this Part.

XIV.F. Long-term Strategy XIV.F.1. The commission shall review and revise, if appropriate, the long-term strategy every three years.

XIV.F.1.a. During the long-term strategy development and review process, the commission shall consult with the Federal Land Managers. XIV.F.1.b. A public hearing shall be held upon request of any interested person. The state shall provide written notification to each affected Federal Land Manager and other affected states at least sixty days prior to holding any public hearing. XIV.F.1.c. The division shall prepare a report for the commission on any progress made toward the national visibility goal since the last long-term strategy revisions. The report will be made available on September 1, at least every third year following the submittal of the previous report. The report shall include an assessment of:

1. XIV.F.1.c.(i) The progress achieved in remedying existing impairment of visibility in any Class I area;
   1. XIV.F.1.c.(ii) The ability of the long-term strategy to prevent future impairment of visibility in any Class I area;

      XIV.F.1.c.(iii) Any change in visibility since the last such report, or in the case of the first report, since plan approval, including an assessment of existing conditions;

      XIV.F.1.c.(iv) Additional measures, including the need for state implementation plan revisions, that may be necessary to assure reasonable progress toward the national visibility goal;

      XIV.F.1.c.(v) The progress achieved in implementing Best Available Retrofit Technology and meeting other schedules set forth in the long-term strategy;

      XIV.F.1.c.(vi) The impact of any exemption granted under section XIV.D.2.c.; and, XIV.F.1.c.(vii) The need for Best Available Retrofit Technology to remedy existing impairment in an integral vista declared since plan approval. XIV.G. Public Land Emission Inventories XIV.G.1. Federal Public Lands XIV.G.1.a. For the purposes of this section XIV.G., federal land management agency means a federal agency that owns and manages at least 50,000 acres of federal land in Colorado.

XIV.G.1.b. Federal land management agencies shall submit to the commission emission inventories by December 31, 2001 and no less frequently than every five years thereafter.

XIV.G.1.c. The inventory shall include the sources listed in section XIV.G.3.b. of this regulation and emissions of criteria pollutants, including surrogates or precursors for such pollutants, from activities in Colorado or other states that may affect any mandatory class I federal area in Colorado by reducing visibility in such area. XIV.G.2. Colorado State Public lands XIV.G.2.a. The division shall submit to the commission emission inventories for all state land management agencies including the State Land Board, the Department of Agriculture, and the Department of Natural Resources by July 1, 2002 and no less frequently than every five years thereafter. XIV.G.2.b. The inventory shall include the sources listed in section XIV.G.3.b. of this regulation and emissions of criteria pollutants, including surrogates or precursors for such pollutants, from activities in Colorado that may affect any mandatory Class I federal area in Colorado by reducing visibility in such area. XIV.G.3. Public Land Emission Inventory Requirements XIV.G.3.a. The inventory shall include both current emissions and projected future emissions, over at least a five-year period.

XIV.G.3.b. The following sources on public lands shall be included in the inventory: XIV.G.3.b.(i) Stationary source emissions, based on existing air pollution emission notices filed with the division;

1. XIV.G.3.b.(ii) Mobile sources utilizing state lands, excluding state and federal highways;
   1. XIV.G.3.b.(iii) Paved and unpaved roads;

      XIV.G.3.b.(iv) Fires on public lands from all sources; and XIV.G.3.b.(v) Biogenic sources, including emissions from flora and fauna. XIV.G.4. Public Hearings Not later than December 31, 2002, and no less frequently than every five years thereafter, a public hearing before the commission shall be conducted to approve the public land emission inventories.

XV. Actuals PALs.

XV.A. Applicability .

XV.A.1. At the request of an owner or operator, the division may approve the use of an actuals PAL in a title V permit for any existing major stationary source that has operated for at least two years if the PAL meets the requirements in sections XV.A. through XV.L. The term "PAL" shall mean "actuals PAL" throughout section XV. of this Part. XV.A.2. Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in sections XV.A. through XV.L., and complies with the PAL permit: XV.A.2.a. Is not a major modification for the PAL pollutant; XV.A.2.b. Is not subject to the major NSR review procedures in sections I.B., V., and

1. VI. of this Part; and XV.A.2.c. Is not subject to the provisions in section V.A.5.b. of this Part (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major NSR program).

XV.A.3. Except as provided under section XV.A.2.c. above, a major stationary source shall continue to comply with all applicable Federal or State requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.

XV.B. Permit application requirements.

As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the division for approval (in addition to the information required by Part C of this Regulation):

XV.B.1. A list of all emissions units at the source designated as small (as defined in section II.A.45. of this Part), significant (as defined in section II.A.44. of this Part), and major (as defined in section II.A.21. of this Part) based on their potential to emit, and identifying each as such. In addition, the owner or operator of the source shall indicate which, if any, Federal or State applicable requirements, emission limitations or work practices apply to each unit.

XV.B.2. Calculations of the baseline actual emissions for each emissions unit listed in section XV.B.1. above (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown and malfunction.

XV.B.3. The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring data to monthly emissions and annual emissions based on a twelve-month rolling total for each month as required by section XV.M.1.

XV.C. General requirements for establishing PALs.

XV.C.1. A PAL may be established at a major stationary source, provided that, at a minimum, the requirements in sections XV.C.1.a. through XV.C.1.g. below are met. XV.C.1.a. The PAL shall impose an annual emission limitation in tons per year that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first twelve months of establishing a PAL, the major stationary source owner or operator shall demonstrate that the sum of the monthly emissions of the PAL pollutant from each emissions unit under the PAL for the previous twelve consecutive months is less than the PAL (a rolling twelve-month total). For each month during the first eleven months from the PAL effective date, the major stationary source owner or operator shall demonstrate that the sum of the preceding monthly emissions of the PAL pollutant for each emissions unit under the PAL is less than the PAL. XV.C.1.b. The PAL shall be established in a PAL permit section of an operating permit issued pursuant to Part C of this regulation that meets the public participation requirements in section XV.D.

XV.C.1.c. The PAL permit shall contain all the requirements of section XV.F. XV.C.1.d. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.

XV.C.1.e. Each PAL shall regulate emissions of only one pollutant. XV.C.1.f. Each PAL shall have a PAL effective period of ten years. XV.C.1.g. The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in sections XV.K. through XV.N. for each emissions unit under the PAL throughout the PAL effective period.

XV.C.2. At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under section V. unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

XV.D. Public participation requirement for PALs.

PALs for existing major stationary sources shall be established, renewed, or increased in accordance with the significant modification provisions set forth in section I.A.7.of Part C of this regulation. The division shall provide the public with notice of the proposed approval of a PAL permit and a thirty-day period for submittal of public comment. XV.E. Setting the ten-year actuals PAL level.

XV.E.1. The actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in section II.A.4. of this Part D) of the PAL pollutant for each emissions unit at the source, plus an amount equal to the applicable significant level for the PAL pollutant under section II.A.42. of this Part, or under the Federal Act, whichever is lower.

XV.E.2. When establishing the actuals PAL level for a PAL pollutant, only one consecutive twenty-four month period may be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive twenty-four month period may be used for each different PAL pollutant.

XV.E.3. Emissions associated with units that were permanently shutdown after this twenty-four month period must be subtracted from the PAL level.

XV.E.4. For newly constructed units (which do not include modifications to existing units) on which actual construction began after the twenty-four month period, in lieu of adding the baseline actual emissions as specified in section XV.E.1., above, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units. XV.E.5. The division shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable Federal or State regulatory requirement(s) that the division is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). XV.F. Contents of the PAL permit.

The PAL permit shall contain, at a minimum, the information in sections XV.F.1. through XV.F.10. XV.F.1. The PAL pollutant and the applicable source-wide emission limitation in tons per year. XV.F.2. The PAL permit effective date and the expiration date of the PAL (PAL effective period). XV.F.3. Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with section XV.I. before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the division. XV.F.4. A requirement that emission calculations for compliance determination purposes include emissions from startups, shutdowns and malfunctions. XV.F.5. A requirement that, once the PAL expires, the major stationary source is subject to the requirements of section XV.

XV.F.6. The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring data to monthly emissions and annual emissions based on a twelve-month rolling total for each month as required by section XV. XV.F.7. A requirement that the major stationary source owner or operator monitors all emissions units in accordance with the provisions under section XV. XV.F.8. A requirement to retain the records required under section XV. on site. Such records may be retained in an electronic format.

XV.F.9. A requirement to submit the reports required under section XV. by the required deadlines.

XV.F.10. Any other requirements that the division deems necessary to implement and enforce the PAL.

XV.G. Reopening of the PAL permit.

XV.G.1. During the PAL effective period, the division shall reopen the PAL permit to: XV.G.1.a. Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL. XV.G.1.b. Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under section V.A.3. of this Part D.

XV.G.1.c. Revise the PAL to reflect an increase in the PAL as provided under section XV.J.

XV.G.2. The division has discretion to reopen the PAL permit to: XV.G.2.a. Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date. XV.G.2.b. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the division may impose on the major stationary source.

XV.G.2.c. Reduce the PAL if the division determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public.

XV.G.3. Except for the permit reopening in section XV.G.1.a. for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of section XV.D.

XV.H. Expiration of a PAL.

Any PAL that is not renewed in accordance with the procedures in section XV.I. shall expire at the end of the PAL effective period, and the requirements in sections XV.H.1. through XV.H.5. shall apply.

XV.H.1 . Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in sections XV.H.1. through XV.H.5. of this Part. XV.H.1.a. Within the time frame specified for PAL renewals in section XV.I.2., the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as determined by the division) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under section XV.I.5., such distribution shall be made as if the PAL had been adjusted.

XV.H.1.b. The division shall determine whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the division determines is appropriate.

XV.H.2. Each emissions unit(s) shall comply with the allowable emission limitation on a twelve- month rolling total basis. The division may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. XV.H.3. Until the division issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under section XV.H.1.a., the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.

XV.H.4. Any physical change or change in the method of operation at the major stationary source will be subject to the major NSR requirements if such change meets the definition of major modification in section II.A.22. of this Part D. XV.H.5. The major stationary source owner or operator shall continue to comply with any State or Federal applicable requirements that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to sections V.A.7.b. and VI.B.4. of this Part, but were eliminated by the PAL in accordance with the provisions in section XV.A.2.c. XV.I. Renewal of a PAL .

XV.I.1. The division shall follow the procedures specified in section XV.D. in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review , any person may propose a PAL level for the source for consideration by the division.

XV.I.2. Application deadline.

A major stationary source owner or operator shall submit a timely application to the division to request renewal of a PAL. A timely application is one that is submitted at least twelve months prior to, but not earlier than eighteen months from, the date of PAL permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application , including any additional information requested by the division, to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.

XV.I.3. Application requirements.

The application to renew a PAL permit shall contain the information required in sections XV.I.3.a. through XV.I.3.d., below.

XV.I.3.a. The information required in sections XV.B.1. through XV.B.3. of this Part. XV.I.3.b. A proposed PAL level.

XV.I.3.c. The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).

XV.I.3.d. Any other information the owner or operator wishes the division to consider in determining the appropriate level for renewing the PAL. XV.I.4. PAL adjustment.

In determining whether and how to adjust the PAL, the division shall consider the options outlined in sections XV.I.4.a. and XV.I.4.b. However, in no case may any such adjustment fail to comply with section XV.I.4.c.

XV.I.4.a. If the emissions level calculated in accordance with section XV.E. is equal to or greater than eighty percent of the PAL level, the division may renew the PAL at the same level without considering the factors set forth in section XV.I.4.b.; or XV.I.4.b. The division may set the PAL at a level that it determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the division in its preliminary analysis or technical review document. XV.I.4.c. Notwithstanding sections XV.I.4.a. and XV.I.4.b. above, XV.I.4.c.(i) If the potential to emit of the major stationary source is less than the PAL, the division shall adjust the PAL to a level no greater than the potential to emit of the source; and XV.I.4.c.(ii) The division shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of section XV.J. (increasing a PAL).

XV.I.5. If the compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the division has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first.

XV.J. Increasing a PAL during the PAL effective period. XV.J.1. The division may increase a PAL emission limitation only if the major stationary source complies with the provisions in sections XV.J.1.a. through XV.J.1.d. below. XV.J.1.a. The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.

XV.J.1.b. As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the

1. PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding ten years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

XV.J.1.c. The owner or operator obtains a major NSR permit for all emissions unit(s) identified in section XV.J.1.a., regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT or LAER), even though they have also become subject to the PAL or continue to be subject to the PAL. XV.J.1.d. The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

XV.J.2. The division shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with section XV.J.1.b.), plus the sum of the baseline actual emissions of the small emissions units.

XV.J.3. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of section XV.D. of this Part.

XV.K. Monitoring requirements for PALs.

XV.K.1. General Requirements.

XV.K.1.a. Each PAL permit shall contain enforceable requirements for the monitoring system that accurately determines plant-wide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. XV.K.1.b. The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in sections XV.K.2.a. through XV.K.2.d. and must be approved by the division. XV.K.1.c. Notwithstanding section XV.K.1.b., you may also employ an alternative monitoring approach that meets the requirements of section XV.K.1.a. if approved by the division.

XV.K.1.d. Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid.

XV.K.2. Minimum Performance Requirements for Approved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in sections XV.K.3. through XV.K.9: XV.K.2.a. Mass balance calculations for activities using coatings or solvents; XV.K.2.b. CEMS (as defined in section I.B.13. of Part A); XV.K.2.c. CPMS or PEMS (as defined in sections I.B.15. and I.B.36, respectively, of Part A); and XV.K.2.d. Published, verifiable emission factors XV.K.3. Mass Balance Calculations.

An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: XV.K.3.a. Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;

XV.K.3.b. Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and XV.K.3.c. Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the division determines there is site-specific data or a site- specific monitoring program to support another content within the range. XV.K.4. CEMS.

An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:

XV.K.4.a. CEMS must comply with applicable Performance Specifications found in the Code of Federal Regulations Title 40, part 60, appendix B, and Part 75; and XV.K.4.b. CEMS must sample, analyze and record data at least every fifteen minutes while the emissions unit is operating.

XV.K.5. CPMS or PEMS.

An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

XV.K.5.a. The CPMS or the PEMS must be based on current site specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and XV.K.5.b. Each CPMS or PEMS must sample, analyze, and record data at least every fifteen minutes, or at another less frequent interval approved by the division, while the emissions unit is operating.

XV.K.6. Emission factors.

An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:

XV.K.6.a. All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development; XV.K.6.b. The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and XV.K.6.c. If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six months of PAL permit issuance, unless the division determines that testing is not required.

XV.K.7. A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. XV.K.8. Notwithstanding the requirements in sections XV.K.3. through XV.K.7., where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the division shall, at the time of permit issuance: XV.K.8.a. Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or XV.K.8.b. Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.

XV.L. Re-validation.

All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the division. Such testing must occur at least once every five years after issuance of the PAL.

XV.M. Recordkeeping requirements.

XV.M.1. The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of section XV. of this Part and of the PAL, including a determination of each emissions unit's twelve-month rolling total emissions, for five years from the date of such record. XV.M.2. The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five years: XV.M.2.a. A copy of the PAL permit application and any applications for revisions to the PAL; and XV.M.2.b. Each annual certification of compliance pursuant to Part C of this regulation, and the data relied on in certifying the compliance.

XV.N. Reporting and notification requirements.

The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the division in accordance with the requirements of the applicable title V permit and section V.C.7. of Part C of this regulation. The reports shall meet the requirements in sections XV.K.11.a. through XV.K.11.c. below.

XV.N.1. Semi- Annual Report.

The semi-annual report shall be submitted to the division within thirty days of the end of each reporting period. This report shall contain the information required by the title V permit, section V.C.7.a. of Part C of this regulation, and sections XV.N.1.a. through XV.N.1.g., below.

XV.N.1.a. The identification of owner and operator and the permit number. XV.N.1.b. Total annual emissions (tons/year) based on a twelve-month rolling total for each month in the reporting period recorded pursuant to section XV.K.10.a. XV.N.1.c. All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions shall be made available upon request by the division. XV.N.1.d. A list of any emissions units modified or added to the major stationary source during the preceding six-month period.

XV.N.1.e. The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken.

XV.N.1.f. A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, whether the emissions unit(s) monitored by the monitoring system continued to operate, and calculations of emissions from those units as provided by section XV.K.7. of this Part.

XV.N.1.g. A signed statement by the responsible official (as defined in section I.B.38. of Part A of this regulation) certifying the truth, accuracy, and completeness of the information provided in the report.

XV.N.2. Deviation report.

The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to section V.C.7.b. of Part C of this regulation shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by section V.C.7.b. of Part C. The reports shall contain the following information:

XV.N.2.a. The identification of owner and operator and the permit number; XV.N.2.b. The PAL requirement that experienced the deviation or that was exceeded; XV.N.2.c. Emissions resulting from the deviation or the exceedance; and XV.N.2.d. A signed statement by the responsible official (as defined in section I.B.38. of Part A of this regulation) certifying the truth, accuracy, and completeness of the information provided in the report.

XV.N.3. Re-validation results The owner or operator shall submit to the division the results of any revalidation test or method within three months after completion of such test or method. XV.O. If any provision of this section, or the application of such provision to any person or circumstance, is held invalid, the remainder of this section, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.