5 Colo. Code Regs. § 1001-10-D-II
Current through Register Vol. 47, No. 16, August 25, 2024
Section 5 CCR 1001-10-D-II - DefinitionsII.A. General All terms used in this section not defined are given the same meaning as in the Federal act, the Act or as otherwise defined in this Regulation Number 8.
II.B. DefinitionsII.B.1. "ACT" means the Colorado Air Pollution Prevention and Control Act as amended.II.B.2. "Actual emissions" means the actual rate of emissions of a pollutant, but does not include excess emissions from a malfunction, or startups and shutdowns associated with a malfunction. Actual emissions shall be calculated using the source's actual operating rates, and types of materials processed, stored, or combusted during the selected time period.II.B.3. "Artificially or substantially greater emissions" means abnormally high emissions such as could be caused by equipment malfunctions, accidents, unusually high production or operating rates compared to historical rates, or other unusual circumstances.II.B.4. "Division" means the Air Pollution Control Division of the Colorado Department of Health.II.B.5. "EPA Conditional Method" means any method of sampling and analyzing for air pollutants that has been validated by the EPA Administrator but that has not been published as an EPA Reference Method.II.B.6. "EPA Reference Method" means any method of sampling and analyzing for an air pollutant as described in Appendix A of Part 60, Appendix B of Part 61, or Appendix A of Part 63.II.B.7. "Equipment leaks" means leaks from pumps, compressors, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, agitators, accumulator vessels, and instrumentation systems in hazardous air pollutant service.II.B.8. "Existing source" means any source as defined in Section III., the construction or reconstruction of which commenced prior to proposal of an applicable Section 112(d) standard under the Federal act or Colorado MACT standard under Section 25-7-109.3(3) of the ActII.B.9. "Hazardous air pollutant (HAP)" means any air pollutant listed pursuant to Section 25-7-109.3 of the ActII.B.10. "High-risk pollutant" means a hazardous air pollutant listed in Table 1 of Section V.II.B.11. "Malfunction" means any sudden failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.II.B.12. "Not feasible to prescribe or enforce a numerical emission limitation" means a situation in which the Division determines that a pollutant (or stream of pollutants) listed pursuant to Section 25-7-109.3(5)(a) of the Act cannot be emitted through a conveyance designed and constructed to emit or capture such pollutant, or that any requirement for, or use of, such a conveyance would be inconsistent with any State or Federal law; or the application of measurement technology to a particular source is not practicable due to technological or economic limitations.II.B.13. "Permitting authority" means the Division under the authority of: an approved permitting program under Title V of the Federal act or the operating permitting program under Section 25-7-114.3 of the Act.II.B.14. "Responsible official" means one of the following:II.B.14.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 duty 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 II.B.14.a.(i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), orII.B.14.a.(ii) the delegation of authority to such representative is approved in advance by the permitting authority.II.B.14.b. For a partnership or sole proprietorship, a general partner or the proprietor, respectively.II.B.14.c. For a municipality, State, Federal, or other public agency, either a principal executive officer or ranking elected official. For the purposes of this part, 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 (e.g., Regional Administrators of EPA).II.B.15. "Reviewing agency" means the Division with an approved permitting program under Title V of the Act an EPA Regional Office is the reviewing agency where the State does not have such an approved permitting program.37 CR 18, September 25, 2014, effective 10/15/201438 CR 05, March 10, 2015, effective 3/30/201538 CR 18, September 25, 2015, effective 10/15/201539 CR 18, September 25, 2016, effective 10/15/201640 CR 12, June 25, 2017, effective 7/15/201741 CR 11, June 10, 2018, effective 6/30/201842 CR 16, August 25, 2019, effective 9/14/201943 CR 03, February 10, 2020, effective 1/16/202043 CR 03, February 10, 2020, effective 3/1/202043 CR 12, June 25, 2020, effective 7/15/202044 CR 04, February 25, 2021, effective 3/17/202144 CR 12, June 25, 2021, effective 7/15/202145 CR 12, June 25, 2022, effective 7/15/202246 CR 12, June 25, 2023, effective 7/15/202347 CR 12, June 25, 2024, effective 7/15/2024