5 Colo. Code Regs. § 1001-10-D-III

Current through Register Vol. 47, No. 16, August 25, 2024

Section 5 CCR 1001-10-D-III - General Provisions for Compliance Extensions

III.A. Except as provided in Section III.E., a permitting authority shall allow an existing source to meet an alternative emission limitation in lieu of an emission limitation promulgated under Section 112(d) of the Federal act or under Section 25-7-109.3(3) of the Act for a period of 6 years from the compliance date of the otherwise applicable standard provided the source owner or operator demonstrates:

III.A.1. According to the requirements of Section V. that the source has achieved a reduction of 90 percent (95 percent or more in the case of hazardous air pollutants which are particulates) in emissions of:

III.A.1.a. Total hazardous air pollutants from the source, except in the case of an applicable standard under Section 112(d) of the Federal act, then the total hazardous air pollutants from the source are only those pollutants listed under Section 112(b) of the Federal Act and only those shall count toward the early reduction.

III.A.1.b. Total hazardous air pollutants from the source as adjusted for high-risk pollutant weighting factors, if applicable.

III.A.2. That such reduction was achieved before proposal of an applicable standard.

III.B. A source granted an alternative emission limitation shall comply with an applicable standard issued under Section 112(d) of the Federal act or Section 25-7-109.3(3) of the Act immediately upon expiration of the six-year compliance extension period specified in Section III.A.

III.C. For each permit issued to a source under Section III.A., there shall be established as part of the permit an enforceable alternative emission limitation for hazardous air pollutants reflecting the reduction that qualified the source for the alternative emission limitation.

III.D. An alternative emission limitation shall not be available with respect to standards or requirements promulgated to provide an ample margin of safety to protect public health pursuant to Section 112(f) of the Federal act or Section 25-7-109.3(4) of the Act, and the Commission will, for the purpose of determining whether a standard under Section 25-7-109.3(4) of the Act is necessary, review emissions from sources granted an alternative emission limitation under this Section at the same time that other sources in the category or subcategory are reviewed.

III.E. Nothing in this regulation shall preclude the Division from requiring hazardous air pollutant reductions in excess of 90 percent (95 percent in the case of particulate hazardous air pollutants) as a condition of the Division granting an alternative emission limitation authorized in Section III.A.

5 CCR 1001-10-D-III

37 CR 18, September 25, 2014, effective 10/15/2014

38 CR 05, March 10, 2015, effective 3/30/2015

38 CR 18, September 25, 2015, effective 10/15/2015

39 CR 18, September 25, 2016, effective 10/15/2016

40 CR 12, June 25, 2017, effective 7/15/2017

41 CR 11, June 10, 2018, effective 6/30/2018

42 CR 16, August 25, 2019, effective 9/14/2019

43 CR 03, February 10, 2020, effective 1/16/2020

43 CR 03, February 10, 2020, effective 3/1/2020

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 04, February 25, 2021, effective 3/17/2021

44 CR 12, June 25, 2021, effective 7/15/2021

45 CR 12, June 25, 2022, effective 7/15/2022

46 CR 12, June 25, 2023, effective 7/15/2023

47 CR 12, June 25, 2024, effective 7/15/2024