5 Colo. Code Regs. § 1001-10-D-VI
Current through Register Vol. 47, No. 16, August 25, 2024
Section 5 CCR 1001-10-D-VI - Review of Base Year EmissionsVI.A. Pursuant to the procedures of this section, the appropriate reviewing agency shall review and approve or disapprove base year emission data submitted in a request letter from an applicant that wishes to participate in the early reduction program. For review requests submitted to the Division as the appropriate reviewing agency, a copy of the request also shall be submitted to the applicable EPA Regional Office. Copies also shall be submitted to the EPA Stationary Source Compliance Division (EN-341W), 401 M Street, SW, Washington, DC 20460 and the EPA Emission Standards Division (MD-13), Research Triangle Park, NC 27711; to the attention of the Early Reductions Officer.VI.B. Within 30 days of receipt of base year emission data, the reviewing agency shall advise the applicant that: VI.B.1. The base year emission data are complete as submitted; orVI.B.2. The base year emission data are not complete and include a list of deficiencies that must be corrected before review can proceed.VI.C. Within 60 days of a determination that a base year emission data submission is complete, the reviewing agency shall evaluate the adequacy of the submission with respect to the requirements of Section V.B. and C. and eitherVI.C.1. Determine to approve the submission and publish a notice in a newspaper of general circulation in the area where the source is located or in the COLORADO REGISTER, providing the aggregate base year emission data for the source and the rationale for the proposed approval, noting the availability of the nonconfidential information contained in the submission for public inspection in at least one location in the community in which the source is located, providing for a public hearing upon request by an interested party, and establishing a 30 day public comment period that can be extended to 60 days upon request by an interested party; orVI.C.2. Determine to disapprove the base year emission data and give notice to the applicant of the reasons for the disapproval. An applicant may correct disapproved base year data and submit revised data for review in accordance with this subsection, except that the review of a revision shall be accomplished within 30 days.VI.D. If no adverse public comments are received by the reviewing agency on proposed base year data for a source, the data shall be considered approved at the close of the public comment period and a notice of the approval shall be sent to the applicant and published by the reviewing agency by advertisement in the area affected.VI.E. If adverse comments are received and the reviewing agency agrees that corrections are needed, the reviewing agency shall give notice to the applicant of the disapproval and reasons for the disapproval. An applicant may correct disapproved base year emission data and submit revised emission data. If a revision is submitted by the applicant that, to the satisfaction of the reviewing agency, takes into account the adverse comments, the reviewing agency will publish by advertisement in the area affected a notice containing the approved base year emission data for the source and send notice of the approval to the applicant.VI.F. If adverse comments are received and the reviewing agency determines that the comments do not warrant changes to the base year emission data, the reviewing agency will publish by advertisement in the area affected a notice containing the approved base year emission data for the source and the reasons for not accepting the adverse comments. A notice of the approval also shall be sent to the applicant.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