5 CCR 1001-8
Regulation No. 6 – Chronology (from 1992)
PART A – ADOPTION BY REFERENCE FEDERAL NEW SOURCE PERFORMANCE STANDARDS Section Revised Adoption Effective NSPS annual update August 20, 1992 September 30,1992 NSPS annual update August 19, 1993 October 30, 1993 NSPS annual update May 18, 1995 July 30, 1995 NSPS annual update June 20, 1996 August 30, 1996 NSPS for Landfills February 20, 1997 April 30, 1997 NSPS annual update July 17, 1997 September 30, 1997 NSPS annual update July 17, 1998 September 30, 1998 NSPS update November 18, 1999 January 31, 2000 NSPS update February 21, 2002 March 31, 2002 NSPS update July 15, 2004 September 30, 2004 PART B – SPECIFIC FACILITIES AND SOURCES NON-FEDERAL NSPS Section Revised Adoption Effective Section VI September 21, 1995 November 30, 1995 Section II.C.3.a. December 23, 1996 (See note in Regulation) Section II.C.3.a. February 21, 2002 March 31, 2002 Part A Federal Register Regulations Adopted by Reference The regulations promulgated by the United States Environmental Protection Agency listed below, found in Part 60, Chapter I, Title 40, of the Code of Federal Regulations (CFR) and in effect as of the dates indicated, but not including later amendments, were adopted by the Colorado Air Quality Control Commission and are hereby incorporated by reference. Copies of the material incorporated by reference are available for public inspection during regular business hours at the Office of the Commission, located at 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530, 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. All new sources of air pollution and all modified or reconstructed sources of air pollution shall comply with the standards, criteria, and requirements set forth herein. For the purpose of this regulation, the word "Administrator" as used in Part 60, Chapter I, Title 40, of the CFR shall mean the Colorado Air Pollution Control Division, except that in the sections in Table 1, "Administrator" shall mean both the Administrator of the Environmental Protection Agency or his authorized representative and the Colorado Air Pollution Control Division. (Other deviations from these federal standards, as presented in the CFR and which were ordered by the Colorado Air Quality Control Commission, are noted in the affected Subpart, and included in Part B of this Regulation.)
TABLE 1 * Section(s)
Da 60.45a.
Ka 60.114a.
Kb 60.111b(f)(4), 60.114b, 60.116b (e)(3)(iii) and (e)
S 60.195(b).
DD 60.302(d)(3).
GG 60.332(a)(3), 60.335(a).
VV 60.482-1(c)(2), 60.484.
WW 60.493(b)(2)(i)(A), 60.496(a)(1).
XX 60.502(e)(6).
GGG 60.592(c).
JJJ 60.623.
KKK 60.634.
* And any other section which 40 CFR Part 60 specifically states will not be delegated to the States. Subpart A General Provisions 40 C.F.R. Part 60 (July 1, 1998), and as amended on February 12, 1999 (64 FR 7457), September 30, 1999 (64 FR 52828), July 10, 2000 (65 FR 42292), August 10, 2000 (65 FR 48914), October 17, 2000 (65 FR 61744), December 6, 2000 (65 FR 76350), December 14, 2000 (65 FR 78268), February 6, 2001 (66 FR 9034), August 27, 2001 (66 FR 44978), April 14, 2003 (68 FR 17989), and June 28, 2002 (67 FR 43550). See Part B Section I.B. and I.C. of this Regulation Number 6 for Additional Requirements Regarding Modifications)
Subpart Cb Emission Guidelines and Compliance Times for Existing Sources: Municipal Waste Combustors That Are Constructed On or Before December 19, 1995. 40 C. F. R. Part 60 (July 1, 1998).
Subpart Cc Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. 40 C.F.R. Part 60 (July 1, 1998) and as amended on February 24, 1999 (64 FR 9261). In addition for clarification regarding requirements applicable to existing municipal solid waste landfills, designated facilities as defined in 40 CFR 60.32c which meet the condition in 40 CFR 60.33c(a)(1) shall submit to the Division an initial design capacity report and an initial emission rate report in accordance with 40 CFR 60.757 within 90 days of the effective date of this regulation. If the design capacity report reflects that the facility meets the condition in 40 CFR 60.33c(a)(2) and the initial NMOC emission rate report reflects that the facility meets the condition in 40 CFR 60.33c(a)(3), the facility shall comply with the collection and control system requirements in 40 CFR 60.752(b)(2)(ii), applicable control device requirements in 40 CFR 60.33c(c)(1), (2) and (3), test methods and procedures requirements in 40 CFR 60.754, operational standards in 40 CFR 60.753, compliance provisions in 40 CFR 60.755, monitoring provisions in 40 CFR 60.756 and reporting and recordkeeping provisions in 40 CFR 60.757 and 60.758, respectively. Such facilities must complete installation of air emission collection and control equipment capable of meeting the requirements of this subpart no later than 30 months from the effective date of these requirements or the date on which the source becomes subject to this subpart pursuant to 40 CFR 60.36c(b) (the date on which the condition in 60.33c(a)(3) is met (i.e., the date of the first annual report in which the nonmethane organic compounds emission rate equals or exceeds 50 megagrams per year)), whichever occurs later. These facilities must submit a final collection and control system design plan pursuant to 40 CFR 60.757(c) within one year of the effective date of these requirements, which must be reviewed and approved by the state. The final collection and control system design plan must specify: (1) the date by which contracts for control systems/process modifications shall be awarded, (which shall be no later than 20 months after the effective date); (2) the date by which on-site construction or installation of the air pollution control device(s) or process changes will begin, (which shall be no later than 24 months after the effective date); and (3) the date by which the construction or installation of the air pollution control device(s) or process changes will be complete (which shall be no later than 30 months after the effective date). In addition, the plan shall include site-specific design plans for the gas collection and control system(s). These facilities shall comply with the approved final collection and control system design plan and shall demonstrate compliance with these emission standards in accordance with 40 CFR 60.8 not later than 180 days following initial startup of the collection and control system. The Commission designates the effective date for these requirements applicable to designated facilities, including the state emission standard for existing municipal solid waste landfills, as the date on which the United States Environmental Protection Agency promulgates a final rule approving the state plan under section 111(d) of the Clean Air Act.
Subpart Ce Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators. 40 CFR Part 60, subpart Ce, 40 C.F.R. Part 60 (July 1, 1998) Paragraphs 60.31e, 60.32e, 60.33e, 60.34e, 60.35e, 60.36e, 60.37e, 60.38e, 60.39e. The Commission designates the effective date for these requirements applicable to designated facilities as the date on which the United States Environmental Protection Agency promulgates a final rule approving the state plan (which can be obtained from the Air Quality Control Commission office) under section 111(d) of the Clean Air Act. Designated facilities shall comply with all requirements of this Subpart Ce on or before one year from the effective date for these requirements.
Subpart D Standards of Performance for Fossil-Fuel-Fired Steam Generators for which Construction is Commenced after August 17, 1971. 40 C.F.R. Part 60 (July 1, 1998), and as amended on February 12, 1999 (64 FR 7457), and October 17, 2000 (65 FR 61744). Subpart Da Standards of Performance for Electric Utility Steam Generators for which Construction is Commenced after September 18, 1978. 40 C.F.R. Part 60 (July 1, 1998) and as amended on September 16, 1998 (63 FR 49442), February 12, 1999 (64 FR 7457), October 17, 2000 (65 FR 61744), April 10, 2001 (66 FR 18546), June 11, 2001 (66 FR 31177), and August 14, 2001 (66 FR 42608).
Subpart Db Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units. 40 C.F.R. Part 60 (July 1, 1998) and as amended on September 16, 1998 (63 FR 49442), February 12, 1999 (64 FR 7457), March 13, 2000 (65 FR 13242), October 17, 2000 (65 FR 61744), April 10, 2001 (66 FR 18546), August 14, 2001 (66 FR 42608), and October 1, 2001 (66 FR 49830). (See Part B, Section III.D. of this Regulation Number 6 for Additional Requirements) Subpart Dc Standards of Performance for Small Industrial-Commercial- Institutional Steam Generating Units. 40 C.F.R. Part 60 (July 1, 1998) and as amended on February 12, 1999 (64 FR 7457), and October 17, 2000 (65 FR 61744).
Subpart E Standards of Performance for Incinerators. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
(See Part B, Sections V, VI and VII of this Regulation No. 6 for Additional Requirements). Subpart Ea Standards of Performance for Municipal Waste Combustors For Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994. 40 C.F.R. Part 60 (July 1, 1998), and as amended on February 12, 1999 (64 FR 7457), and October 17, 2000 (65 FR 61744).
Subpart Eb Standards of Performance for Municipal Waste Combustors For Which Construction Is Commenced After September 20, 1994. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744), July 12, 2001 (66 FR 36473), and November 16, 2001 (66 FR 57823).
Subpart G Standards of Performance for Nitric Acid Plants. 40 C.F.R. Part 60 (July 1, 1998). Subpart H Standards of Performance for Sulfuric Acid Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart I Standards of Performance for Hot Mix Asphalt Facilities. 40 C.F.R. Part 60 (July 1, 1998). Subpart J Standards of Performance for Petroleum Refineries. 40 C.F.R. Part 60 (July 1, 1998), and as amended on February 12, 1999 (64 FR 7457), and October 17, 2000 (65 FR 61744). Subpart K Standards of Performance for Storage Vessels for Petroleum Liquids Constructed after June 11, 1973 and prior to May 19, 1978. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart Ka Standards of Performance for Storage Vessels for Petroleum Liquids Constructed after May 18, 1978, and prior to July 23, 1984. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744), and December 14, 2000 (65 FR 78268). Subpart Kb Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or Modification Commenced after July 23, 1984. 40 C.F.R. Part 60 (July 1, 1998)), and as amended on October 17, 2000 (65 FR 61744), December 14, 2000 (65 FR 78268), and October 15, 2003 (68 FR 59328). Subpart L Standards of Performance for Secondary Lead Smelters. 40 C.F.R. Part 60 (July 1, 1998, and as amended on October 17, 2000 (65 FR 61744).
Subpart M Standards of Performance for Secondary Brass and Bronze Production Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart N Standards of Performance for Iron and Steel Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart Na Standards of Performance for Basic Oxygen Process Furnaces. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart O Standards of Performance for Sewage Treatment Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart P Standards of Performance for Primary Copper Smelters. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart Q Standards of Performance for Primary Zinc Smelters. 40 C.F.R. Part 60 (July 1, 1998). Subpart R Standards of Performance for Primary Lead Smelters. 40 C.F.R. Part 60 (July 1, 1998). Subpart S Standards of Performance for Primary Aluminum Reduction Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart T Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart U Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart V Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart W Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart X Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart Y Standards of Performance for Coal Preparation Plants. 40 C.F.R. Part 60 (July 1, 1998) and as amended on October 17, 2000 (65 FR 61744).
Subpart Z Standards of Performance for Ferroalloy Production Facilities. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart AA Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed after October 21, 1974, and on or before August 17, 1983. 40 C.F.R. Part 60 (July 1, 1998) and as amended on March 2, 1999 (64 FR 10105), and October 17, 2000 (65 FR 61744). Subpart AAa Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983. 40 C.F.R. Part 60 (July 1, 1998) and as amended on (March 2, 1999 FR 10105), and October 17, 2000 (65 FR 61744). Subpart BB Standards of Performance for Kraft Pulp Mills. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart CC Standards of Performance for Glass Manufacturing Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on February 12, 1999 (64 FR 7457), and October 17, 2000 (65 FR 61744). Subpart DD Standards of Performance for Grain Elevators. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart EE Standards of Performance for Surface Coating of Metal Furniture. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart GG Standards of Performance for Stationary Gas Turbines. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744) and April 14, 2003 (68 FR 17989). Subpart HH Standards of Performance for Lime Manufacturing Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart KK Standards of Performance for Lead-Acid Battery Manufacturing Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart LL Standards of Performance for Metallic Mineral Processing Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart MM Standards of Performance for Automobile and Light-Duty Truck Surface Coating Operations. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart NN Standards of Performance for Phosphate Rock Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on February 12, 1999 (64 FR 7457), and October 17, 2000 (65 FR 61744). Subpart PP Standards of Performance for Ammonium Sulfate Manufacture. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart QQ Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart RR Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart SS Standards of Performance for Industrial Surface Coating: Large Appliances. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart TT Standards of Performance for Metal Coil Surface Coating. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart UU Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart VV Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744), and December 14, 2000 (65 FR 78268).
Subpart WW Standards of Performance for the Beverage Can Surface Coating Industry. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart XX Standards of Performance for Bulk Gasoline Terminals. 40 C.F.R. Part 60 (July 1, 1998), and as amended on February 12, 1999 (64 FR 7457), October 17, 2000 (65 FR 61744), and December 19, 2003 (68 FR 70959).
Subpart BBB Standards of Performance for the Rubber Tire Manufacturing Industry. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart DDD Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744), and December 14, 2000 (65 FR 78268). Subpart FFF Standards of Performance for Flexible Vinyl and Urethane Coating and Printing. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart GGG Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744) and August 6, 2003 (68 FR 46489).
Subpart HHH Standards of Performance for Synthetic Fiber Production Facilities. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart III Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744), and December 14, 2000 (65 FR 78268). Subpart JJJ Standards of Performance for Petroleum Dry Cleaners. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart KKK Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart LLL Standards of Performance for Onshore Natural Gas Processing: SO2 Emissions. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart NNN Standards of Performance for Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry Distillation Operations. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744), and December 14, 2000 (65 FR 78268).
Subpart OOO Standards of Performance for Nonmetallic Mineral Processing Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart PPP Standards of Performance for Wool Fiberglass Insulation Manufacturing Plants. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart QQQ Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart RRR Standards of Performance for Volatile Organic Compounds (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744), and December 14, 2000 (65 FR 78268).
Subpart SSS Standards of Performance for the Magnetic Tape Manufacturing Industry. 40 C.F.R. Part 60 (July 1, 1998), and as amended on February 12, 1999 (64 FR 7457). Subpart TTT Standards of Performance for Industrial Surface Coating of Plastic Parts for Business Machines. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744).
Subpart UUU Standards of Performance for Calciners and Dryers in Mineral Industries. 40 C.F.R. Part 60 (July 1, 1998), and as amended on October 17, 2000 (65 FR 61744). Subpart VVV Standards of Performance for Polymeric Coating of Supporting Substrates. 40 C.F.R. Part 60 (July 1, 1998).
Subpart WWW Standards of Performance for Municipal Solid Waste Landfills. 40 C.F.R. Part 60 (July 1, 1998) and as amended on February 24, 1999 (64 FR 9262), and on April 10, 2000 (65 FR 18906), and as amended on October 17, 2000 (65 FR 61744). Subpart AAAA Standards of Performance for Small Municipal Waste Combustion Units for which Construction is Commenced after August 30, 1999 or for which Modification or Reconstruction is Commenced after June 6 2001. 40 C.F.R. Part 60, subpart AAAA, (65 FR 76350, December 6, 2000).
Subpart CCCC Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced after November 30, 1999 or for which Modification or Reconstruction is Commenced on or after June 1, 2001. 40 C.F.R. Part 60, subpart CCCC, (65 FR 75338, December 1, 2000), and as amended on March 27, 2001 (66 FR 16605). APPENDIX A Test Methods. 40 C.F.R. Part 60 (July 1, 1996) and as amended on (May 14, 1999 FR 26484), and October 17, 2000 (65 FR 61744).
APPENDIX B Performance Specifications. 40 C.F.R. Part 60 (July 1, 1996), and as amended on October 17, 2000 (65 FR 61744), August 10, 2000 (65 FR 48914), and January 12, 2004 (69 FR 1785). APPENDIX C Determination of Emission Rate Change. 40 C.F.R. Part 60 (July 1, 1996). APPENDIX D Required Emission Inventory Information. 40 C.F.R. Part 60 (July 1, 1996). APPENDIX F Quality Assurance Procedures. 40 C.F.R. Part 60 (July 1, 1996), and as amended on January 12, 2004 (69 FR 1785).
APPENDIX I Removable Label and Owner's Manual. 40 C.F.R. Part 60 (July 1, 1996). STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE (For Part A) I. Adopted - June 20, 1996 Background This statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. 1973, Section 24-4-103(4) for adopted or modified regulations. The EPA has promulgated revisions to the federal Standards of Performance for New Stationary Sources (NSPS). The state of Colorado is required under Section 110 of the federal Clean Air Act as amended to adopt such NSPS standards and revisions into its regulations in order to maintain agency authority with regard to the Standards.
Authority The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act. Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-1-6(6) provides the Commission authority to require testing, monitoring and recordkeeping. In addition, Section 25-7-102 requires the Commission to use all available practical methods that are technically feasible and economically reasonable to adopt federal regulations by reference. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C.R.S., as amended.
The EPA has developed emission control regulations for specific categories of new sources based upon research that examines technical and economic feasibility and the current, best demonstrated controls being used on specific source categories. The commission is adopting these revisions to the federal rules in order to maintain administrative authority and referencing accuracy.
1. Standards of Performance for New Stationary Sources Appendix A--Reference Methods; Amendments to Method 24 for the Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, 40 C.F.R., Section 60.17(A)(63. This rule amends those referenced analysis procedures already in the rules to include one that can be applied to non-thin film ultraviolet radiation-cured coatings. The proposed rule does not change any emission standard, nor does it impose any new emission measurement requirements. It simply amends references to existing test methods. Method 24 is used to determine volatile matter and water content, density, volume solids and weight solids of surface coatings, such as paint, varnish, lacquer, or related surface coatings. Method 24, which references the American Society for Testing and Materials (ASTM ) Method D2369-81, was meant to apply to all such coatings. However, that ASTM method cannot be used to calculate the VOC content of ultraviolet radiation-cured coatings. This rule amends Method 24 to reference ASTM Method D5403-93, which is used to measure volatile organic compounds in non-thin ultraviolet radiation-cured coatings.
2. Standards of Performance for Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations, 40 C.F.R., Subpart NNN, Sections 60.665 and 60.667, and SOCMI Reactor Processes, 40 C.F.R., Subpart RRR, Sections 60.700, 60.705, and 60.707.
This amendment corrects the spelling of certain chemical names, the Chemical Abstract System (CAS) numbers for certain chemicals, and certain cross-referencing and drafting errors in the Standard of Performance for New Sources for new, modified and reconstructed distillation operations and reactor processes in the SOCMI. The proposed amendment would also clarify reporting and recordkeeping requirements for these processes--allowing them to be submitted in conjunction with semiannual reports or as a single separate report in order to avoid their duplication. Subparts NNN and RRR of Colorado Regulation No. 6 are corrected by this amendment.
3. Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Municipal Waste Combustors, 40 C.F.R., Subparts Cb, Ea and Eb of Section 60. The rule applies to municipal waste combustion (MWC) units at plants with aggregate capacities to combust more than 35 megagrams (40 tons) of municipal solid waste per day, and require sources to achieve emission levels reflecting the maximum degree of reduction in emissions of air pollutants achievable. The 40-ton-per-day threshold is lower than the 50-ton threshold previously found in Colorado’s Regulation No. 6, Part B. The standards and guidelines establish emission levels for MWC dioxins, furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, sulfur dioxide, oxides of nitrogen and fugitive ash.
The standards apply to new sources that begin construction after September 20, 1994, or that begin modification or reconstruction after June 19, 1996. MWCs constructed after December 20, 1989 and on or before September 20, 1994 are subject to previously issued (1991) standards and to the 1995 retrofit guidelines for existing sources. MWCs constructed on or before September 20, 1994 are subject only to the guidelines.
Time line table for MWC NSPS:
II. Adopted - February 20, 1997 - Adoption by Reference - Subpart Cc and Subpart WWW This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention a1nd Control Act, section 25-7-110.5, C.R.S. The Environmental Protection Agency on March 12, 1996 promulgated Standards of Performance for Municipal Solid Waste Landfills and Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. The state of Colorado is required under Section 111(c) of the federal Clean Air Act as amended to adopt such New Source Performance Standards (“NSPS” ) and guidelines in order to retain its authority to implement and enforce the federal Standards of Performance for New Stationary Sources. The Commission adopted by reference Subpart WWW of Part 60, Title 40, CFR as a New Source Performance Standard in order to obtain state authority to implement and enforce this federal standard. In addition, the Commission adopted Subpart Cc of Part 60, Title 40, CFR, to provide the authority for the Division to proceed with preparation of the plan for existing sources required by that subpart. The Commission intends to review and approve a plan which meets the requirements of section 111 of the federal act in the next few months. The Commission contemplates that the plan will include implementation and enforcement of the New Source Performance Standard in Subpart WWW as well as the emission guidelines for existing sources which are adopted as part of this rulemaking. The Commission adopted emissions guidelines for existing municipal solid waste landfills, consistent with the required elements of a state plan set forth in 40 CFR Part 60 Subpart Cc. The language adopted complies with the requirements of Subpart Cc and refers to that subpart for applicability provisions and some other matters. However, the rule also refers directly to the substantive provisions of Subpart WWW, the NSPS, which are largely adopted by reference by Subpart Cc. This strategy was developed in discussion with the interested party to make the requirements of the emissions guidelines for existing sources clear.
Specific Statutory Authority The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act, title 25, article 7, of the Colorado Revised Statutes. Sections 25-7-105(1)(b) and 25-7-109, C.R.S., provide authority for the Commission to adopt emission control regulations. Section 25-7-109(1)(a)(II), C.R.S., provides authority for the Commission to adopt emission control regulations for particular types of facilities, processes and activities. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Section 24-4-103 (12.5) provides authority to adopt federal regulations by reference. Commission action in promulgating these regulations is taken pursuant to the above statutory provisions.
The only portion of this rulemaking which is not an adoption by reference or a duplication of federal requirements is the choice by the Commission of interim deadlines for tasks necessary to achieving full compliance with the federal minimum collection and control system requirements as required by EPA’s guidance. These elements of the rule are not by themselves intended to reduce air pollution. Accordingly, the findings and determinations outlined in section 25-7-110.8(1), C.R.S., are not applicable to this rulemaking.
III. Adopted: July 17, 1998 This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, section 25-7-110.5, C.R.S.
The Environmental Protection Agency promulgated New Source Performance Standards (NSPS) and Emission Guidelines (EG) for Hospital, Medical, Infectious Waste Incinerators on September 15, 1997. The State of Colorado is required under Section 110 of the Federal Clean Air Act, as amended, to adopt such NSPS and EG standards and revisions into its regulations in order to maintain agency authority with regard to the Standards.
The action taken today is an adoption by reference of the federal regulations and in no way deviates from the federal requirements. This regulation does impose new and more stringent requirements on the affected facilities and will cause a significant fiscal impact on the affected facilities. Specific Statutory Authority The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act. Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C. R. S., as amended. The Commission makes the following findings and determinations pursuant to section 25-7-110.8, C.R.S.:
IV. Adopted - November 18, 1999 This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, section 25-7-110.5, C.R.S.
The EPA has promulgated revisions to the federal Standards of Performance for New Stationary Sources (NSPS). The state of Colorado is required under Section 110 of the federal Clean Air Act as amended to adopt such NSPS standards and revisions into its regulations in order to maintain agency authority with regard to the Standards.
Specific Statutory Authority The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act. Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. In addition, Section 25-7-102 requires the Commission to use all available practical methods that are technically feasible and economically reasonable to adopt federal regulations by reference. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C. R. S., as amended.
The EPA has developed emission control regulations for specific categories of new sources based upon research that examines the technical and economic feasibility and the current, best demonstrated controls being used on specific source categories. The commission is adopting these revisions to the federal rules in order to maintain administrative authority and referencing accuracy. LandfillJune 16, 1998 Definitions The definition of a new source has been changed to include modification. This change makes the landfill regulation consistent with other new source performance standards. The definition of modification has been clarified so that changes in compaction, cover material or thickness, and bailing and compaction practices do not trigger a modification. These changes would not typically require a capital expenditure and so would not trigger the New Source Performance Standards. The definition of design capacity is being clarified so that sources may state design capacity in terms of volume or mass.
Compliance Dates The compliance dates section is being modified to clarify that landfills have 30 months to install a collection and control system once the landfill becomes affected. Title V permitting This change clarifies that sources with design capacities of 2.5 million megagrams of 2.5 million cubic meters are subject to title V permit requirements.
Monitoring This change clarifies that a temperature measuring device does not need to be permanently installed at each well head.
February 24, 1999 Clarifies the definition of modification so that it is clear that a modification is an increase in the permitted volume of the landfill.
Other changes were clarifications in the required reporting and typographical. Electric Arc Furnaces March 2, 1999 Changes Amends the NSPS for electric arc furnaces under 40 CFR 60 AA and AAa. The changes add alternative requirements for monitoring and capture systems.
Coal unloading October 5, 1998 changes Amends 40 CFR 60 Y to include coal unloading that involves conveying coal to coal plant machinery and includes and fugitive emissions from coal dumping in the determination of major source status. Utility and Industrial Steam Generation September 16, 1998 Amends 40 CFR 60 Da and Db. This change reduces the numerical NOx emission limits for utility and industrial steam generating units to reflect the performance of best demonstrated technology. Test Methods May 14, 1999 Addition of three new optional test methods for measuring velocity and volumetric flow rate of flue gas from fossil fuel fired boilers and turbines. The new methods account for velocity drop off near the wall and yaw and pitch angles of flow. NOTE: this Federal Register includes both final and proposed rules. The State of Colorado is requesting adoption of the final rules not the proposed rules. Adoption of Subpart III for Synthetic Organic Chemical Manufacturing Industries This subpart was promulgated by EPA in 1990 but it has not previously been adopted into Regulation No.
6. Colorado has seen some growth in the SOCMI industry, but currently has no sources covered by this subpart.
V. Adopted: January 11, 2001: Incorporation by Reference of Federal Amendments to 40 C.F.R. part 60, subparts A, Db, Ea, and WWW into Colorado Air Quality Control Commission Regulation No. 6, Part A.
Background This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of federal regulations incorporated by reference. Section 111 of the 1990 Clean Air Act Amendments was enacted to help reduce the levels of air pollutant emissions from new stationary sources nationwide. Pursuant to this section, the EPA was given the authority to promulgate New Source Performance Standards. These standards are set forth at 40 C.F.R. part 60.
The EPA has promulgated revisions to the following current new source performance standards (NSPS): 40 C.F.R. part 60, General Provisions (Appendices A and B), Guideline for Control of Existing Municipal Solid Waste Landfills, Industrial-Commercial-Institutional Steam Generating Units, and federal Plan Requirements for Large Municipal Waste Combustors Constructed On or Before September 20, 1994. The State of Colorado is required to adopt such revisions into its regulations. This rulemaking adopts these revisions to the current NSPSs.
Authority Sections 25-7-105(1)(b) and 25-7-109, C.R.S. (2000) authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources. Adoption of the federal amendments to 40 C.F.R. part 60, subparts A, Db, Ea, and WWW will make these revised NSPSs enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information.
VI. Adopted: February 21, 2002:
Incorporation by Reference of Federal Amendments to and New Standards contained in 40 C.F.R. part 60 into Colorado Air Quality Control Commission Regulation No. 6, Part A. Background This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (2001), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of federal regulations incorporated by reference. Section 111 of the 1990 Clean Air Act Amendments was enacted to help reduce the levels of air pollutant emissions from new stationary sources nationwide. Pursuant to this section, the EPA was given the authority to promulgate New Source Performance Standards. These standards are set forth at 40 C.F.R. part 60.
The EPA has promulgated revisions to the following current new source performance standards (NSPS): 40 C.F.R. part 60, subparts A, D, Da, Db, Dc, E, Ea, Eb, Ec, F, H, J, K, Ka, Kb, L-N, Na, O, P, S, T-Z, AA, Aaa, BB-EE, GG, HH, KK-NN, PP-XX, BBB, DDD, FFF, GGG-LLL, NNN-RRR, TTT, UUU, WWW, and Appendices A and B. In addition, the EPA has promulgated two new standards: 40 C.F.R. part 60, subparts AAAA (Standards of Performance for Small Municipal Waste Combustion Units for which Construction is Commenced after August 30, 1999 or for which Modification or Reconstruction is Commenced after June 6 2001), and CCCC (Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced after November 30, 1999 or for which Modification or Reconstruction is Commenced on or after June 1, 2001). The State of Colorado is required to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions to the current NSPSs and new NSPSs.
Authority Sections 25-7-105(1)(b) and 25-7-109, C.R.S. (2001) authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources. Adoption of the federal amendments to and new standards contained in 40 C.F.R. part 60 will make these revised NSPSs and new NSPSs enforceable under Colorado law. Adoption of the amendments and new standards will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information.
VII. Adopted July 15, 2004 Incorporation by Reference of Federal Amendments to 40 C.F.R. Part 60 into Colorado Air Quality Control Commission Regulation No. 6, Part A.
Background This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (2001), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of federal regulations incorporated by reference. Section 111 of the 1990 Clean Air Act Amendments was enacted to help reduce the levels of air pollutant emissions from new stationary sources nationwide. Pursuant to this section, the EPA was given the authority to promulgate New Source Performance Standards. These standards are set forth at 40 C.F.R. Part 60.
The EPA has promulgated revisions to the following current new source performance standards (NSPS): 40 C.F.R. Part 60, subparts A, D, Da, Db, Dc, Ea, Eb, Ec, J, Kb, CC, GG, NN, XX, SSS, GGG, CCCC, Appendix B and Appendix F. The State of Colorado is required to adopt such revisions into its regulations. This rulemaking adopts these revisions to the current NSPSs. Authority Sections 25-7-105(1)(b) and 25-7-109, C.R.S. (2001) authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources. Adoption of the federal amendments to 40 C.F.R. Part 60 will make these revised NSPSs enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information.