5 Colo. Code Regs. § 1001-10-E-IV
Current through Register Vol. 47, No. 20, October 25, 2024
Section 5 CCR 1001-10-E-IV - Air Pollution Permits to Limit the Potential to Emit Hazardous Air PollutantsIV.A. Applicability IV.A.1. Sources may voluntarily apply for permit conditions to limit the source's potential to emit hazardous air pollutants in accordance with this Section IV. and the procedural provisions of the Construction or Operating Permit programs in Regulation Number 3.IV.A.2. Under this Section IV., a source may apply for and obtain state-only or federally enforceable permit limits, as appropriate, for selected emissions units or for all units that emit hazardous air pollutants. However, the Division shall not indicate in this permit that the source is exempt from specific provisions of the Federal or state Acts unless all relevant emissions units and pollutants are included in the permit review.IV.A.3. The Division shall issue permits to limit the potential to emit hazardous air pollutants to applicants who qualify pursuant to this Section IV. and the procedural provisions of Regulation Number 3.IV.A.4. A source that has initially avoided regulation as a major source under this regulation or Regulation Number 3 by limiting its potential to emit, but that subsequently IV.A.4.a. becomes an affected source, as defined in Section I. of this Regulation, because an applicable standard established pursuant to Section 112 of the Federal Act establishes a lower threshold, shall meet the applicable standard unless it has obtained a reviewed permit that limits its potential to emit below the federally established threshold; orIV.A.4.b. becomes subject to a standard promulgated under Section 25-7-109.3, C.R.S., must meet the applicable standard unless it has obtained a revised permit that limits its potential to emit below the trigger threshold for the Colorado standard.IV.B. Permits IV.B.1. The owner or operator of a source with emissions of hazardous air pollutants may apply for a permit under this regulation in order to voluntarily limit hazardous air pollutant emissions below emissions thresholds requested in the application by means of practically enforceable permit conditions.IV.B.2. The permit shall include practically enforceable permit conditions necessary to limit emissions of hazardous air pollutants below emissions thresholds requested in the application and IV.B.2.a. operating and maintenance plans for all control equipment and control practices necessary to comply with such permit conditions andIV.B.2.b. a proposed recordkeeping format for demonstrating compliance on an ongoing basis with such permit conditions.IV.B.3. All emission limitations, controls, and other requirements that are imposed by the permit shall be at least as stringent as any applicable requirements contained in the Colorado State Implementation Plan or enforceable hereunder; no permit issued under this Section IV. may waive, or make less stringent, any limitations or requirements that are contained in or issued pursuant to the State Implementation Plan or that are otherwise federally enforceable.IV.B.4. The permit may include alternative operating scenarios that shall include specific monitoring, recordkeeping, and reporting methods.IV.C. Permit Application RequirementsIV.C.1. An application for a permit to limit the potential to emit hazardous air pollutants shall be prepared on forms supplied by the Division, which shall be consistent with this Section IV.IV.C.2. The applicant shall furnish all information and data required by the Division to evaluate the permit application and make its preliminary analysis in accordance with this Section IV. and the procedural provisions of Regulation Number 3, Part B, including, but not limited to:IV.C.2.a. an operating and maintenance plan for all control equipment and control practices necessary to limit emissions of hazardous air pollutants below emissions thresholds requested in the application; andIV.C.2.b. a proposed recordkeeping format for demonstrating compliance on an ongoing basis with permit conditions necessary to limit emissions of hazardous air pollutants below emissions thresholds requested in the application.IV.C.3. The applicant may propose permit conditions and alternative operating scenarios.IV.C.4. Emissions calculations or determinations shall include fugitive emissions of federal hazardous air pollutants as defined in Appendix A of this regulation.IV.C.5. The Division may, for the purpose of assuring state-only or federal and practical enforceability, require additional or different permit conditions than proposed by the permit applicant; however, the applicant may decline to accept the conditions and elect instead to forgo limits on its potential to emit or pursue any right of appeal or other available alternative.IV.D. Public Participation Requirement Permits processed under this regulation are subject to the public comment requirements of Regulation Number 3, Part B, Section III.C.
IV.E. If a source qualifies for a permit under this Section III. and concurrently qualifies for a permit to limit its potential to emit criteria pollutants under Regulation Number 3, the Division may issue a single permit to achieve both purposes. Nothing herein shall restrict a source's right to obtain a permit under Regulation Number 3, which limits its potential to emit both criteria pollutants and hazardous air pollutants.IV.F. Modification or Reopening of the Permit A permit issue pursuant to this Section IV. does not excuse a source from any obligation to apply for a permit modification or comply with any applicable requirements arising from changed circumstances, unless the permit authorizes the activity or change.
IV.G. Compliance on an ongoing basis Failure to assure compliance on an ongoing basis with the permit conditions shall be grounds for an enforcement action.
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