5 Colo. Code Regs. § 1001-10-E-VI

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

Section 5 CCR 1001-10-E-VI - Statements of Basis, Specific Statutory Authority and Purpose for Part E

VI.A. September 21, 1995 Emergency Rule

Title III of the Clean Air Act Amendments of 1990 was enacted to help reduce the levels of nationwide air toxics emissions. Under Title III, Section 112 of the Act was amended to give the EPA authority to establish national standards to reduce air toxics from sources that emit such pollutants. The specific authority for this regulation is found in the Colorado Air Quality Control Act. Section 25-7-105(12) provides the authority to promulgate regulations, which are necessary to implement the minimum elements of Title V of the Clean Air Act. Sections 25-7-105(i)(b) and 25-7-109(h) provide authority to adopt emission control regulations and emission control regulations relating to HAPs respectively. 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 statutory provisions.

Authority for emergency rule making is found in the Colorado Air Quality Control Act, Section 25-7-109.1 provides that the Commission shall have the authority to adopt emergency rules under the rule making procedure. The Commission finds that there is an emergency. This regulation provides Colorado citizens protection from Hazardous Air Pollutants and will provide a complete operating permits program. These changes address issues raised by the Colorado General Assembly Office of Legislative Legal Services.

VI.B. November 16, 1995 (Section III, C-G)

Background

Specific Authority

The specific authority for this regulation is found in the Colorado Air Quality Control Act. Section 25-7-105(12) provides authority to promulgate regulations, which are necessary to implement the minimum elements of Title V of the Clean Air Act. Sections 25-7-105(i)(b) and 25-7-109(h) provide authority to adopt emission control regulations and emission control regulations relating to HAPs respectively. 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 statutory provisions.

Purpose

This regulation provides Colorado citizens protection from Hazardous Air Pollutants and will provide the Division with the authority to implement MACT standards and incorporate them into permit conditions, as required for a complete operating permit program.

VI.C. December 21, 1995 (Section III. - National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities)

Background

The Federal MACT for Percholorethylene dry cleaning facilities was originally adopted by the Commission in 1994. Legislative Legal Services in their 1994 review of Colorado regulation identified the adoption of the Dry Cleaning MACT as having an incorrect citation to the Federal Register rather than the Code of Federal Regulations (CFR). Because of this deficiency Regulation Number 8 Part A was allowed to sunset. These changes correct the identified deficiency.

Specific Authority

The specific authority for this regulation is found in the Colorado Air Quality Control Act. Section 25-7-105(12) provides authority to promulgate regulations, which are necessary to implement the minimum elements of Title V of the Clean Air Act. Sections 25-7-105(l)(i)(b) and 25-7-109(2)(h) provide authority to adopt emission control regulations and emission control regulations relating to HAPs respectively. 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 statutory provisions.

Purpose

This regulation provides Colorado citizens protection from Hazardous Air Pollutants and will provide a complete operating permit program. These changes address issues raised by the Colorado General Assembly Office of Legislative Legal Services.

VI.D. February 15, 1996 (Part E, Section III.H and I; Industrial Process Cooling Towers and Secondary Lead Smelting)

Background

Title III of the Clean Air Act Amendments of 1990 was enacted to help reduce the levels of nationwide air toxics emissions. Under Title III, Section 112 of the Act was amended to give the EPA the authority to establish national standards to reduce air toxics from sources that emit such pollutants, commonly referred to as MACT standards. Originally this action included the adoption of the Stage I Gasoline Distribution, Aerospace Industrial Process and Rework and Petroleum Refinery MACT standards. The Stage I Gasoline Distribution MACT was removed from this action because the EPA proposed a change in the compliance date from January 1996 to January 1997. At the AQCC meeting in November the Division recommended a delay in adoption to avoid implementing a compliance date that would be more difficult than necessary for sources to comply with. The Aerospace and Petroleum Refinery MACTs were deferred from adoption to allow sources to determine the extent of their use of emissions averaging so that the Division could determine the best method of adoption for these source categories. The AQCC supported the Division's recommendations, setting the adoption of the Industrial process cooling tower and secondary lead smelting MACT standards for hearing.

Specific Authority

The specific authority for this regulation is found in the Colorado Air Quality Control Act. Section 25-7-105(12) provides authority to promulgate regulations, which are necessary to implement the minimum elements of Title V of the Clean Air Act. Sections 25-7-105(I)(b) and 25-7-109.3 provide authority to adopt emission control regulations and emission control regulations relating to HAPs respectively. Section 25-7-106 provides the Commission with broad authority to promulgate regulations necessary for an effective program. 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 statutory provisions.

Purpose

VI.E. June 20, 1996 (Part E, Section III.A, J, K, L, M, N)

Background

Title III of the Clean Air Act Amendments of 1990 was enacted to help reduce the levels of air toxics emissions nationwide. Under Title III, Section 112 of the Act was amended to give the EPA the authority to establish national control technology-based standards to reduce hazardous air pollutants from sources that emit such pollutants. The Division requested that the following Federally promulgated MACT standards be adopted by reference into Regulation Number 8, Part E, Section III: Hazardous Organic NESHAP (emissions averaging provisions); Stage I Gasoline Distribution; Petroleum Refineries; Aerospace Manufacturing and Rework Industry; Wood Furniture Manufacturing; and Shipbuilding and Ship Repair in order to comply with Operating Permit program requirements. The Hazardous Organic NESHAP (HON) was adopted by reference on June 15, 1995, without the emissions averaging provisions. The emissions averaging provisions within the HON is adopted because they provide a flexible alternative for sources, and the averaging provisions are reflected in the Petroleum Refinery standard. The Commission adopts the codified versions of the HON and the Stage 1 Gasoline Distribution rule within 40 C.F.R. Part 63, which was published on July 1, 1995. The Commission also adopts amendments to the HON rule, the Stage 1 Gasoline Distribution rule, the Petroleum Refineries rule, and the Aerospace Manufacturing rule that have been Federally promulgated since the publication of the July 1, 1995 C.F.R. In addition to specific emission control requirements, each of the standards requires monitoring, recordkeeping, and reporting that is consistent with the General Provisions (July 1, 1994, 40 C.F.R. Part 63, Chapter 1) adopted by reference by the Commission on November 15, 1995.

Specific Authority

The specific authority for this regulation is found in the Colorado Air Quality Control Act. Section 25-7-105(12) provides authority to promulgate regulations that are necessary to implement the minimum elements of Title V of the Clean Air Act. Sections 25-7-105(l)(b) and 25-7-109(2)(h) and 109(4) provide authority to adopt emission control regulations and emission control regulations relating to HAPs respectively. 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 statutory provisions. This regulation provides Colorado citizens protection from Hazardous Air Pollutants and will ensure compliance with the Operating Permit program and Section 112 of the Federal Act.

VI.F. November 21, 1996 (Appendix A for Part E)

This Statement of Basis, Specific Statutory Authority and Purpose comply 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.

Basis

Regulations 3, 7 and the Common Provisions establish lists of Negligibly Reactive Volatile Organic Compounds (NRVOCs). The revisions adopted update the list of NRVOCs so that the state list remains consistent with the federal list. Additionally, because perchloroethylene will no longer be listed as a VOC in Regulation Number 7, Section XII, Control of VOC Emissions from Dry Cleaning Facilities using Perchloroethylene as a Solvent, is being deleted. Regulation Number 8 and 3 list the federal Hazardous Air Pollutants (HAPs). In the June 8, 1996 Federal Register the EPA removed Caprolactam (CAS 105-60-2) from the federal list of Hazardous Air Pollutants. The conforming changes in Regulation Number 3 Appendices B, C and D have been made to keep the list of federal HAPs in Regulation Number 3 consistent with the federal list. The list of HAPs in Regulation Number 8 has been removed and a reference to the list in Regulation Number 3 has been added.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act provide the authority for the Colorado Air Quality Control Commission to adopt and modify Regulations pertaining to organic solvents and photochemical substances. Section 25-7-109(2)(f) and 25-7-109(2)(g), C.R.S., grant the Commission the authority to promulgate regulations pertaining to organic solvents and photochemical substances. Sections 25-7-105(l)(I)(b) and 25-7-109(2)(h) provide authority to adopt emission control regulations and emission control regulations relating to HAPs respectively. The Commission's action is taken pursuant to authority granted and procedures set forth in Sections 25-7-105, 25-7-109, and 25-7-110, C.R.S.

Purpose

These revisions to Regulations Number 3, 7, 8 and the Common Provisions are intended to update the state lists of NRVOCs, the Ozone SIP, and HAPs for consistency with the federal lists.

VI.G. February 20, 1997 - (Added Section III.O, P, Q, R)

Background

The September 19, 1996 amendments clarify the compliance dates and status for transfer machines installed between the proposal and promulgation dates of the Perchloroethylene Dry Cleaning MACT. The June 3, 1996 amendments codify the EPA policy deferring minor sources subject to the Ethylene Oxide Sterilization, Chrome Electroplating, and Secondary Lead Smelting MACTs from Operating Permit requirements. The June 12, 1996 amendments correct errors and clarify the regulatory text in the previously adopted Petroleum Refinery MACT. The June 18, 1996 amendments revise compliance dates for sources subject to the Shipbuilding MACT from December 16, 1996 to December 16, 1997 to allow sources to prepare implementation plans and inventory management systems. Additionally, the Division is correcting the citations of several of the C FR references.

Specific Authority

The specific authority for this regulation is found in the Colorado Air Quality Control Act. Section 25-7-105(12) provides authority to promulgate regulations, which are necessary to implement the minimum elements of Title V of the Clean Air Act. Sections 25-7-105(l)(i)(b) and 25-7-109(2)(h) provide authority to adopt emission control regulations and emission control regulations relating to HAPs respectively. 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 statutory provisions.

Purpose

This regulation provides Colorado citizens protection from Hazardous Air Pollutants AND will provide a complete operating permit program. These changes address issues raised by the Colorado General Assembly Office of Legislative Legal Services.

VI.H. November 20, 1997 - (Revised Section III., subsections A, I, J, K, L, M, N, P, Q)

To reflect Federal amendments; added a new Section V. to incorporate by reference Federal regulations governing the construction and reconstruction of major sources of hazardous air pollutants; renumbered Section V. Statements of Basis, Specific Statutory Authority and Purpose for Part E to Section VI)

Background

Title III of the 1990 Clean Air Act Amendments (CAAA) was enacted to help reduce the levels of air toxics emissions nationwide. Under Title Ill, Section 112 of the Act was amended to give the EPA the authority to establish national control technology-based standards to reduce hazardous air pollutants (HAPs) from sources that emit such pollutants. These standards are called Maximum Achievable Control Technology (MACT) Standards. However, Congress recognized that the EPA could not immediately issue standards for all industries, and that as a result there was a potential for significant new sources of toxic air emissions to remain uncontrolled for some time. Congress also recognized that, in general, it is most cost-effective to design and add new air pollution controls at the time when facilities are being built or significantly rebuilt.

As a result, Section 112(g) of the CAAA requires MACT-level control of air toxics when a new major source of HAPs is constructed or reconstructed. States must determine MACT for the facility on a case-by-case basis when EPA has not yet issued a relevant MACT standard. This transitional program will be required for new major sources of air toxics during the period before EPA can establish a national MACT standard for a particular industry.

Section 112(g) also requires MACT-level control when major sources are modified. However, because of the transitional nature of Section 112(g), the EPA has concluded that the greatest benefits to be derived would be from the control of major source construction and reconstruction in the period before MACT standards go into effect. Therefore, this regulation does not cover modifications to existing sources. EPA's decision is premised in part on the agency's ability to issue the remaining MACT standards in a timely manner, and also in part on the assumption that where there are existing State air toxics programs that address modifications, they will continue to operate as they do currently. If there are substantial delays in the issuance of MACT standards, or radical changes to existing State programs, the EPA will reconsider whether to issue a regulation to cover modifications under 112(g).

Basis

The EPA has promulgated revisions to the following NESHAPs: The Hazardous Organic NESHAP (HON), Secondary Lead Smelting, Stage I Gasoline Distribution, Petroleum Refineries, Aerospace Manufacturing and Rework Facilities, Wood Furniture Manufacturing, Shipbuilding and Ship Repair, Group I Polymers and Resins, and Group IV Polymers and Resins. The State of Colorado is required under Section 112 of the CAAA to adopt such MACT standards and revisions into its regulations in order to maintain agency authority with regard to the Standards.

In addition, the EPA has promulgated Federal Regulations Governing Constructed or Reconstructed Major Sources of Hazardous Air Pollutants. Currently, Colorado has not adopted the federal regulations governing constructed or reconstructed major sources of HAPs, as required by Section 112(g) of the 1990 Clean Air Act Amendments (CAAA). According to the federal rule, Colorado must adopt the program and specify an effective date which is no later than June 29, 1998. Failure to adopt the federal program within this required time frame results in one of two scenarios.

First, Colorado may conclude that it is able to make case-by-case MACT determinations as required by the rule; in this case, no determination would take effect until after submission in writing to EPA Region VIII (EPA-R8) and EPA-R8 concurs in writing that the determination conforms with the federal regulation. Second, Colorado may conclude that it cannot make case-by-case MACT determinations; in this case, Colorado may request that EPA-R8 adopt a transitional program while Colorado completes the appropriate development and adoption of the federal regulation. The transitional program can remain in effect for no more than one year. Continued failure by Colorado to adopt the program would be construed as a failure to adequately administer and enforce its Title V permitting program and would constitute cause by EPA to apply the sanctions and remedies set forth in the CAAA Section 502(I). These sanctions include funding reductions for highway projects.

Authority

The authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act. Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1997) provide authority to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively. Section 25-7-105(12), C.R.S. (1997) provides authority to promulgate regulations, which are necessary to implement the minimum elements of Title V of the Clean Air Act. Section 25-7-106(6), C.R.S. (1997) provides the Commission with the authority to require testing, monitoring and record keeping. Commission action in promulgating these regulations is taken pursuant to the statutory provisions.

Purpose

Adoption of the revisions to the NESHAPs and adoption of the Regulations Governing Constructed or Reconstructed Major Sources of Hazardous Air Pollutants by the Commission will make these federal rules enforceable under Colorado law. The rules are substantively identical to federal law. Adoption will not add requirements beyond federal minimums, and may benefit the regulated community by providing up-to-date information. Adoption will relieve the State from any risk of sanctions for failure to meet minimum standards for the Title V permitting program.

VI.I. October 15, 1998

Adoption by Reference of Amendments to National Emission Standards for Hazardous Air Pollutants (NESHAP) and Adoption by Reference of National Emission Standards for Hazardous Air Pollutants for Pulp and Paper Production and Primary Aluminum Reduction Plants.

Background

Title III of the 1990 Clean Air Act Amendments (CAAA) was enacted to help reduce the levels of air toxics emissions nationwide. Under Title III, Section 112 of the Clean Air Act was amended to give the EPA the authority to establish national control technology-based standards to reduce hazardous air pollutants (HAPs) from sources that emit such pollutants. These standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs).

Basis

The EPA has promulgated revisions to the following NESHAPs: The Synthetic Organic Chemical Manufacturing Industry (SOCMI), Ethylene Oxide Commercial Sterilization and Fumigation Operations, Stage I Gasoline Distribution, Aerospace Manufacturing and Rework Facilities, Group I Polymers and Resins, and Group IV Polymers and Resins. In addition, the EPA has promulgated two new NESHAPS: Pulp and Paper Production and Primary Aluminum Reduction Plants. The State of Colorado is required under Section 112 of the CAAA to adopt such standards and revisions into its regulations in order to maintain agency authority with regard to the standards.

Authority

The authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act. Sections 25-7-105(1)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1997) provide authority to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively. Section 25-7-105(12), C.R.S. (1997) provides authority to promulgate regulations, which are necessary to implement the minimum elements of Title V of the Clean Air Act. Section 25-7-106(6), C.R.S. (1997) provides the Commission with the authority to require testing, monitoring and record keeping. Commission action in promulgating these regulations is taken pursuant to the statutory provisions.

Purpose

Adoption of the revisions to the NESHAPs and adoption of the two new NESHAPs by the Commission will make these Federal rules enforceable under Colorado law. The rules are substantively identical to Federal law. Adoption will not add requirements beyond Federal minimums, and may benefit the regulated community by providing up-to-date information.

VI.J. February 19, 1999

Adoption of Language to Defer Certain MACT Area Sources from Title V Permit Application Submittals until December 9, 2000, Incorporation by Reference of Federal Amendments to 40 C.F.R. Part 63, Subparts M, S, T, X, CC and GG, and Incorporation by Reference of National Emission Standards for Hazardous Air Pollutants for Pharmaceuticals Production and Flexible Polyurethane Foam Production into Colorado Air Quality Control Commission Regulation Number 8, Part E.

Background

Title III of the 1990 Clean Air Act Amendments was enacted to help reduce the levels of air toxics emissions nationwide. Title III amended Section 112 of the Clean Air Act to provide EPA with the authority to establish national technology-based standards to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. These standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs).

Subparts M, N, O, T, and X, 40 C.F.R. Part 63, establish NESHAPs for dry cleaners (Subpart M), chrome platers (Subpart N), ethylene oxide sterilizers (Subpart O), halogenated solvent degreasers (Subpart T), and secondary lead smelters (Subpart X). In addition, Subparts M, N, O, T, and X require owners and operators of these sources to obtain Title V operating permits¹. However, Subparts M, N, O, T, and X also authorize state Title V authorities to defer sources subject to those subparts but "not major or located at major sources" (i.e., area sources) from submitting Title V operating permit applications until December 9, 2000.

¹ EPA permanently exempted the following area sources from this Title V operating permit requirement:

(1) decorative chromium electroplating or anodizing operations that use fume suppressants as an emission reduction technology;

(2) decorative chromium electroplating operations that use a trivalent chromium bath that incorporates a wetting agent as a bath ingredient; and

(3) ail batch cold solvent cleaning machines.

Basis

Amendments to Regulation 8, Part E, Sections III, Subsections B, C, D, F and I by a 1996 rulemaking, the Colorado Air Quality Control Commission (the "Commission") incorporated by reference Subparts M, N, O, T, and X, into Regulation 8, Part E, III, Sections B, C, D, F, and I, respectively. The Statement of Basis and Purpose accompanying that rulemaking indicates the Commission intended to exercise its discretion pursuant to Subparts M, N, O, T, and X to defer area sources governed by those subparts from submitting Title V Operating Permit applications until December 9, 2000. However, the Commission did not explicitly adopt language granting such a deferral. This rulemaking is intended to clarify the 1996 rulemaking by adopting language explicitly deferring area sources subject to 40 C.F.R. Part 63, Subparts M, N, O, T, and X from submitting Title V permit applications until December 9, 2000. There are approximately 350 area sources in Colorado that may be affected by this request for rulemaking.

Incorporations by Reference of Amendments to 40 C.F.R. Part 63 The EPA has promulgated revisions to the following NESHAPs: Perchloroethylene Dry Cleaning Facilities, Halogenated Solvent Cleaning, Secondary Lead Smelting, Petroleum Refineries, Aerospace Manufacturing and Rework Facilities, and Pulp and Paper Production. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such standards and revisions into its regulations. This rulemaking adopts these revisions to the NESHAPs.

Incorporation by Reference of 40 C.F.R. Part 63, Subparts GGG and III The EPA has promulgated National Emission Standards for Hazardous Air Pollutants for Pharmaceuticals Production and Flexible Polyurethane Foam Production. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such standards into its regulations. This rulemaking adopts these NESHAPs.

Authority

Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1997) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively. Section 25-7-105(12), C.R.S. (1997) authorizes the Commission to promulgate regulations necessary to implement the minimum elements of Title V of the Clean Air Act.

Purpose

Amendments to Regulation 8, Part E, Section III, Subsections B, C, D, F Adoption of language deferring area dry cleaners, chrome platers, ethylene oxide sterilizers, halogenated solvent degreasers, and secondary lead smelters from submitting Title V permit applications until December 9, 2000 will significantly reduce the administrative burden on those sources. There are about 350 area sources in Colorado that would be affected by this deferral.

Incorporations by Reference of Amendments to 40 C.F.R. Part 63 Adoption of amendments to 40 C.F.R. Part 63, Subparts M, S, T, X, CC and GG will make these revised NESHAPs 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.

Incorporation by Reference of 40 C.F.R. Part 63, Subparts GGG and III Adoption of the Pharmaceuticals NESHAP and Polyurethane NESHAP will make these rules enforceable under Colorado law. Adoption of the NESHAPs 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.K. July 15, 1999

Incorporation by Reference of Federal Amendments to 40 C.F.R. Part 61, Subparts A and R, and Part 63, Subparts A, F, G, H, I, O, S, T, X, and JJ, and Federal standards in 40 C.F.R. Part 63, Subparts OO and PP into Colorado Air Quality Control Commission Regulation Number 8, Parts A and E.

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. Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national health-based standards. ( 40 C.F.R. Part 61 ). However, the 1990 Clean Air Act Amendments established Title in that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish national technology-based standards ( 40 C.F.R. Part 63 ) to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called. National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards have also been called Maximum Achievable Control Technology (MACT) standards.

Basis

The EPA has promulgated revisions to the following standards: 40 C.F.R. Parts 61 and 63 General Provisions, Radon Emissions from Phosphogypsum Stacks, Hazardous Organic, Halogenated Solvent Degreasing, Ethylene Oxide Sterilization, Secondary Lead Smelting, Wood Furniture Manufacturing, and Pulp and Paper Production NESHAPs. In addition, EPA has promulgated standards in 40 C.F.R. Part 63, Subparts OO and PP that have never been adopted by the State. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and current standards into its regulations. This rulemaking adopts these revisions to the NESHAPs and current NESHAPs.

Authority

Purpose

Adoption of amendments to 40 C.F.R. Part 61, Subparts A and R, and Part 63, Subparts A, F, G, H, I, O, S, T, X, and JJ, and current standards in 40 C.F.R. Part 63, Subparts OO and PP will make these revised NESHAPs and current NESHAPs 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.L. December 16, 1999

Incorporation by Reference of Federal Amendments to 40 C.F.R. Part 63, Subparts F, G, H, I, S, U, EE, and JJJ, new Federal Standards in 40 C.F.R. Part 63, Subparts AA, HH, YY, CCC, DDD, HHH, LLL, MMM, NNN, PPP, TTT, and XXX, and Federal Amendments to 40 C.F.R. Part 63, Subpart B - Regulations Governing Constructed or Reconstructed Major Sources into Colorado Air Quality Control Commission Regulation Number 8, Part E.

Background

Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national health-based standards ( 40 C.F.R. Part 61 ). However, the 1990 Clean Air Act Amendments established Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish national technology-based standards ( 40 C.F.R. Part 63 ) to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards have also been called Maximum Achievable Control Technology (MACT) standards.

Basis

The EPA has promulgated revisions to the following current standards: 40 C.F.R. Part 63, Hazardous Organic, Magnetic Tape Manufacturing, Group I Polymers and Resins Production, Group IV Polymers and Resins Production, and Pulp and Paper Production NESHAPs. The EPA has promulgated the following new standards: 40 C.F.R. Part 63, Phosphoric Acid Manufacturing and Phosphate Fertilizer Production, Oil and Natural Gas Production and Natural Gas Transmission and Storage, Generic (acetyl resins production, acrylic and modacrylic fiber production, hydrogen fluoride production, and polycarbonate(s) production), Steel Pickling - HCL Process Facilities and Hydrochloric Acid Regeneration Plants, Mineral Wool Production, Portland Cement Manufacturing, Pesticide Active Ingredient Production, Wool Fiberglass Manufacturing, Polyether Polyols Production, Primary Lead Smelting, and Ferroalloys Production NESHAPs which have not yet been adopted by the State. In addition, the EPA has promulgated revisions to 40 C.F.R. Part 63, Subpart B pertaining to regulations governing constructed or reconstructed major sources. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions to current NESHAPs and new NESHAPs.

Authority

Purpose

Adoption of:

1) Federal Amendments to 40 C.F.R. Part 63, Subparts F, G, H, I, S, U, EE, and JJJ,

2) new Federal Standards in 40 C.F.R. Part 63, Subparts AA, HH, YY, CCC, DDD, HHH, LLL, MMM, NNN, PPP, TTT, and XXX, and

3) Federal Amendments to 40 C.F.R. Part 63, Subpart B - Regulations Governing Constructed or Reconstructed Major Sources will make these revised NESHAPs and new NESHAPs 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.M. October 19, 2000

Effectuation of Additional and New Deferrals for Area Sources from Title V Permitting Requirements, Incorporation by Reference of Federal Amendments to 40 C.F.R. Part 63, Subparts M, N, O, T, X, DD, YY, EEE, and JJJ, and Incorporation by Reference of new Federal Standards in 40 C.F.R. Part 63, Subparts EEE, OOO, RRR, and VVV into Colorado Air Quality Control Commission

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. Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national health-based standards ( 40 C.F.R. Part 61 ). However, the 1990 Clean Air Act Amendments established Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish national technology-based standards ( 40 C.F.R. Part 63 ) to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards have also been called Maximum Achievable Control Technology (MACT) standards.

Basis

In accordance with Section 502(a) of the 1990 Clean Air Act Amendments (CAAA), the Environmental Protection Agency (EPA) has the authority to exempt non-major sources, including area sources within the Section 112 program, from Title V permitting requirements if the agency finds that compliance with the permitting requirements is impracticable, infeasible, or unnecessarily burdensome on the sources. Also, the General Provisions that implement Section 112 of the CAAA provide that unless the EPA explicitly exempts or defers area sources that are subject to a NESHAP from Title V permitting requirements, they are subject. As a result, the EPA provided permitting authorities with the discretion to defer these sources from submitting an application for a Title V permit until December 9, 2000. Through a rulemaking in February 1999, the AQCC effectuated the deferral. The EPA has promulgated additional and new area source discretionary deferrals for the following NESHAP source categories: dry cleaners, chrome platers, halogenated solvent degreasers, ethylene oxide sterilizers, secondary lead smelters, and secondary aluminum producers. The additional and new deferrals were promulgated in order to obtain sufficient information to determine whether permanent exemptions are warranted for these area sources given the benefit for permitting such sources versus the costs and other burdens on such sources associated with obtaining Title V permits. Moreover, EPA was concerned with the impact on permitting authorities in issuing area source permits in addition to the existing major source and other source permits that state agencies have been struggling to issue since the inception of the Title V program. The Division agrees with the EPA's assessment. The additional and new deferrals would require these sources to submit a Title V application by December 9, 2005. Just as with the December 9, 2000 deferral, this additional Title V operating permit deferral is an option that may be adopted by the Commission and not an automatic deferral that these sources can invoke. Also, as with the previous deferral, the additional deferral does not affect compliance by these sources with the underlying standards. There are approximately 445-660 sources that would be affected by this rulemaking. In addition, the EPA has promulgated revisions to the following current standards: 40 C.F.R. Part 63, Dry Cleaning, Chrome Plating, Ethylene Oxide Sterilization, Halogenated Solvent Cleaning, Secondary Lead Smelting, Offsite Waste Recovery, and Groups I and IV Polymers and Resins NESHAPs; and the EPA has promulgated the following new standards: 40 C.F.R. Part 63, Hazardous Waste Combustors, Publicly Owned Treatment Works, Amino/Phenolic Resins Production, and Secondary Aluminum Production. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions to current NESHAPs and new NESHAPs.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Effectuation of the additional and new area source deferrals would provide the Division with additional time to obtain sufficient information to determine whether a permanent deferral for these types of sources is warranted. In addition, if the deferrals are not effectuated, the Division's Title V program will be processing permits for 445-660 facilities as of December 9,2000. Adoption of the federal amendments to 40 C.F.R. Part 63, Subparts M, N, O, T, U, X, DD, YY, EEE, and JJJ, and new federal standards in 40 C.F.R. Part 63, Subparts EEE, OOO, RRR, and VVV will make these revised NESHAPs and new NESHAPs enforceable under Colorado law. Effectuation of the deferrals and adoption of the amendments to the existing NESHAPs and new NESHAPs 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.N. June 21, 2001

Incorporations by reference of Federal Amendments to 40 C.F.R. Parts 61 and 63, and a. New Federal Standard in 40 C.F.R. Part 63 into Regulation Number 8, Parts A and E

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. Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national health-based standards ( 40 C.F.R. Part 61 ). However, the 1990 Clean Air Act Amendments established Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish national technology-based standards ( 40 C.F.R. Part 63 ) to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards have also been called Maximum Achievable Control Technology (MACT) standards.

Basis

The EPA has promulgated revisions to the following:

(1) the General Provisions contained in 40 C.F.R. Parts 61 and 63, Subpart A;

(2) current 40 C.F.R. Part 61 NESHAPs for the Synthetic Organic Chemical Manufacturing Industry, and current 40 C.F.R. Part 63 NESHAPs for Hazardous Organic, Epoxy Resins and Non-nylon Polyamides Production, Polyether Polyols Production, Halogenated Solvent Cleaning, Aerospace Manufacturing and Rework facilities, Groups I and IV Polymers and Resins Production, Offsite Waste and Recovery Operations, Containers, Pulp and Paper Production, Pharmaceutical Production, and Hazardous Waste Combustion. In addition, the EPA has promulgated the following new standard: 40 C.F.R. Part 63, Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-alone Semi-Chemical Pulp Mills. Also, the EPA has promulgated an interpretative rule to 40 C.F.R. Part 63, Subpart B, Construction and Reconstruction of Major Sources. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Adoption of the federal amendments to 40 C.F.R. Parts 61 and 63, and new federal standard in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law. Adoption of these revisions 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.O. December 20, 2001

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E

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. Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national health-based standards ( 40 C.F.R. Part 61 ). However, the 1990 Clean Air Act Amendments established Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish national technology-based standards ( 40 C.F.R. Part 63 ) to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards have also been called Maximum Achievable Control Technology (MACT) standards.

Basis

The EPA has promulgated revisions to the following current 40 C.F.R. Part 63 NESHAPs for: Petroleum Refineries, Groups I and IV Polymers and Resins Production, Pulp and Paper Production, Oil and Natural Gas Production, Natural Gas Transmission and Storage, Ferroalloys Production, Hazardous Waste Combustion, Publicly Owned Treatment Works, Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and stand-alone Semi-Chemical Pulp Mills. In addition, the EPA has promulgated the following new 40 C.F.R. Part 63 standards: Solvent Extraction for Vegetable Oil Production, and Manufacturing of Nutritional Yeast. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

Adoption of these revisions 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.P. June 20, 2002

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

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. Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national health-based standards ( 40 C.F.R. Part 61 ). However, the 1990 Clean Air Act Amendments established Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish national technology-based standards ( 40 C.F.R. Part 63 ) to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards have also been called Maximum Achievable Control Technology (MACT) standards.

Basis

The EPA has promulgated revisions to the following current 40 C.F.R. Part 63 NESHAPs for: Group IV Polymers and Resins Production, Natural Gas Transmission and Storage, Hazardous Waste Combustion, Pharmaceuticals Production, Ethylene Oxide Sterilization and Fumigation Operations, Pesticide Active Ingredients Production, and General Maximum Achievable Control Technology Standards. In addition, the EPA has promulgated the following new 40 C.F.R. Part 63 standards: Boat Manufacturing and Leather Finishing Operations. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law. Adoption of these revisions 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.Q. December 19, 2002

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Background

Basis

The EPA has promulgated revisions to the following current 40 C.F.R. Part 63 NESHAPs for: General Provisions, Phosphoric Acid Manufacturing and Phosphate Fertilizers Production Plants, Portland Cement Manufacturing, Pesticide Active Ingredients Production, and General Maximum Achievable Control Technology Standards. In addition, the EPA has promulgated the following new 40 C.F.R, Part 63 standards: Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Plants at Petroleum Refineries, Wet formed Fiberglass Mat Production, Cellulose Production Manufacturing, Large Appliance Manufacturing, Metal Coil Coating, Polyvinyl Chloride and Copolymers Production, Primary Copper, and Tire Manufacturing. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

VI.R. Statement of Basis, Specific Statutory Authority and Purpose June 19, 2003

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Parts 61 and 63 into Regulation Number 8, Parts A and E.

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. Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national health-based standards ( 40 C.F.R. Part 61 ). However, the 1990 Clean Air Act Amendments established Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish national technology- based standards ( 40 C.F.R. Part 63 ) to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards have also been called Maximum Achievable Control Technology (MACT) standards.

Basis

The EPA has promulgated revisions to the following current 40 C.F.R. Part 61 NESHAPs for Emissions of Radionuclides Other than Radon from Department of Energy Facilities and Benzene Waste Operations. In addition, the EPA has promulgated revisions to the following current 40 C.F.R. Part 63 standards for: Generic Maximum Achievable Control Technology, Hazardous Waste Combustors, Portland Cement Manufacturing, Pesticide Active Ingredient Production, Secondary Aluminum Production, and Publicly Owned Treatment Works. The EPA has also promulgated the following new 40 C.F.R, Part 63 standards for: Municipal Solid Waste Landfills, Paper and Other Web Coating, and Friction Materials Manufacturing Facilities. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Parts 61 and 63 will make these revisions enforceable under Colorado law.

VI.S. December 18, 2003

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Background

However, the 1990 Clean Air Act Amendments established Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish national technology- based standards ( 40 C.F.R. Part 63 ) to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards have also been called Maximum Achievable Control Technology (MACT) standards.

Basis

The EPA has promulgated revisions to the following current 40 C.F.R. Part 63 standards for: General Provisions; Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks; Coke Oven Batteries; Perchloroethylene Dry Cleaning Facilities; Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; Ethylene Oxide Commercial Sterilization and Fumigation Operations; Industrial Process Cooling Towers; Gasoline Distribution (Stage 1); Pulp and Paper Production; Halogenated Solvent Cleaning; Group I Polymers and Resins; Group II Polymers and Resins; Secondary Lead Smelting; Phosphoric Acid Manufacturing; Phosphate Fertilizers Production; Petroleum Refineries; Offsite Waste and Recovery Operations; Magnetic Tape Manufacturing; Aerospace Manufacturing and Rework Facilities; Oil and Natural Gas Production; Shipbuilding and Ship Repair; Wood Furniture Manufacturing Operations; Printing and Publishing Industry; Primary Aluminum Reduction Plants; Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-alone Semi-Chemical Pulp Mills; Tanks (Level 1); Containers; Surface Impoundments; Individual Drain Systems; Oil-Water Separators and Organic-water Separators; Steel Pickling - HC1 Process Facilities and Hydrochloric Acid Regeneration Plants; Mineral Wool Production; Hazardous Waste Combustors; Pharmaceuticals Production; Natural Gas Transmission and Storage; Flexible Polyurethane Foam Production; Group IV Polymers and Resins; Portland Cement Manufacturing Industry; Pesticide Active Ingredient Production; Wool Fiberglass Production; Group III Polymers and Resins; Polyether Polyols Productions; Secondary Aluminum Production; Primary Lead Smelting; Publicly Owned Treatment Works; Ferromanganese and Silicomanganese Production; Surface Coating of Metal Coil; Rubber Tire Manufacturing; Coke Ovens: Pushing, Quenching, and Battery Stacks; Brick and Structural Clay Products Manufacturing; and Clay Ceramics Manufacturing.

The EPA has also promulgated the following new 40 C.F.R. Part 63 standards for: Asphalt Processing and Asphalt Roofing Manufacturing; Brick and Structural Clay Manufacturing; Clay Ceramics Manufacturing; Coke Ovens: Pushing, Quenching, and Battery Stacks; Engine Test Cells/Stands; Printing, Coating, and Dyeing of Fabrics and Other Textiles; Flexible Polyurethane Foam Fabrication Operations; Hydrochloric Acid Production; Integrated Iron and Steel Manufacturing; Surface Coating of Metal Furniture; Refractory Products Manufacturing; Reinforced Plastic Composites Production; Semiconductor Manufacturing; and Surface Coating of Wood Building Products. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

VI.T. July 15, 2004

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Part 63 into Regulation Number8, Part A and E.

Background

Basis

The EP A has promulgated revisions to current standards and new standards in 40 C.F.R. Part 63 . The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

VI.U. December 16, 2004

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Background

Basis

The EPA has promulgated revisions to current standards and new standards in 40 C.F.R. Part 63 . The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

VI.V. July 21, 2005

Incorporations by reference of federal amendments to and new federal standards in 40 C.F.R. Part 63 into regulation Number 8, Part E and recognition of the Environmental Leadership Program in Regulation Number 8, Part E, Section I.

Background

Basis

The EPA has promulgated revisions to current standards and new standards in 40 C.F.R. Part 63 . The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

The Department of Public Health and Environment's strategic plan identifies the encouragement of incentives for environmental leaders, including encouraging companies to adopt the department's environmental leadership model, as a goal in the environmental target area.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

Adoption of language limiting the availability of the incentives provided in 40 C.F.R. Part 63, Subpart A to companies that participate in both the federal performance track program and the Colorado department of public health and environment's environmental leadership program will encourage companies to adopt the department's environmental leadership model and will further progress toward fulfilling a goal of the department's strategic plan.

VI.W. February 16, 2006

Incorporations by reference of federal amendments to federal standards IN 40 C.F.R. Part 63 into Regulation Number 8, Part E.

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.

Basis

The EPA has promulgated revisions to current standards in 40 C.F.R. Part 63 . The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Sections 25-7-105(1)(B) and 25-7-109(2)(H) and - 109(4), C.R.S. (1999) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Adoption of the federal amendments to federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

VI.X. February 15, 2007

Incorporations by reference of federal amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Background

Basis

Authority

Purpose

Adoption of the federal amendments to federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

Further, these revisions will include any typographical and grammatical errors throughout the regulation.

VI.Y. October 18, 2007

Incorporations by reference of federal amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Background

Basis

The EPA has promulgated revisions to current standards in 40 C.F.R. Part 63, Subparts A, F, G, M, O, HH, EEE, LLL, IIII, MMMM, PPPP, GGGGG, HHHHH, DDDDDD, EEEEEE, FFFFFF, and GGGGGG. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law. Further, these revisions will include any typographical and grammatical errors throughout the regulation.

VI.Z. March 20, 2008

Incorporations by reference of federal amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E. Additionally, repealing of rules that have been vacated by the U.S. Court of Appeals for the District of Columbia Circuit.

Background

Basis

The EPA has promulgated revisions to current standards in 40 C.F.R. Part 63, Subparts A, DDDD, LLLLLL, MMMMMM, NNNNNN, OOOOOO, PPPPPP, QQQQQQ. Additionally, several federal rules have been vacated by the U.S. Court of Appeals for the District of Columbia Circuit, including 40 C.F.R. Part 63, Subparts JJJJJ, KKKKK and DDDDD. By incorporating the NESHAP amendments and repealing vacated rules, Colorado will maintain consistency between state and federal law. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law. Repealing federal rules that have been vacated by the U.S. Court of Appeals for the District of Columbia Circuit will maintain consistency between state and federal law. Further, these revisions will include any typographical and grammatical errors throughout the Regulation.

VI.AA. June 18, 2009

Incorporations by reference of federal amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Background

Basis

The EPA has promulgated revisions to current standards in 40 C.F.R. Part 63, Subparts A, G, H, R, U, M, HH, GGG, HHH, JJJ, EEE, VVV, EEEE, FFFF, UUUU, BBBBB, EEEEE, GGGGG, HHHHH, MMMMMM, NNNNNN, OOOOOO, PPPPPP, and QQQQQQ. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

Further, these revisions will include any typographical and grammatical errors throughout the regulation.

VI.BB. July 21, 2011

Incorporations by reference of federal amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Background

Basis

The EPA has promulgated new standards in 40 C.F.R. Part 63, Subparts YYYYY and ZZZZZZ and revisions to Subpart A. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Purpose

Adoption of the federal amendments to federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law. Further, these revisions will include corrections of any typographical, grammatical and formatting errors throughout the regulation.

VI.CC. October 18, 2012

Incorporations by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

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 103(12.5) for adopted or modified regulations, and with the requirements of regulations incorporated by reference.

Basis

The EPA has promulgated new standards in 40 C.F.R. Part 63, Subpart HHHHHHH and revisions to Subparts A, U, X, HH, II, JJ, KK, GGG, HHH, and TTT. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking incorporates by reference these revisions.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. (2011) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants, respectively.

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63 make these rules and revisions enforceable under Colorado law. Further, these revisions may correct typographical, grammatical, and formatting errors throughout the regulation.

VI.DD. Adopted May 16, 2013 - Annual Update

Incorporations by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number, Part E.

Background

Basis

The EPA has promulgated revisions to 40 C.F.R. Part 63, Subparts N, S, CCC, DDD, LLL, and DDDDD. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. Therefore, the Commission incorporated by reference these revisions.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (2011) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants, respectively.

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63 makes these rules and revisions enforceable under Colorado law. Further, these revisions correct typographical, grammatical, and formatting errors throughout the regulation.

VI.EE. Adopted August 21, 2014

Incorporations by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number, Part E.

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and 103(12.5) for adopted or modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5 C.R.S.; and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts A, X, and CC and amendments to Subparts WWWWW, DDDDDD, EEEEEE, TTTTTT, and ZZZZZZ. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking incorporates by reference these revisions.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 25-7-109(4), C.R.S. authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants, respectively.

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63, Subparts A, X, CC, WWWWW, DDDDDD, EEEEEE, TTTTTT, and ZZZZZZ, make these rules and revisions enforceable under Colorado law. Further, these revisions may correct typographical, grammatical, and formatting errors throughout the regulation.

VI.FF. Adopted: February 19, 2015

Revisions to Regulation Number 8, Part E

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The State of Colorado is authorized under the federal Clean Air Act Section 112 to adopt standards under 40 CFR Part 63 into its regulations. This rulemaking incorporated by reference 40 CFR Part 63, Subpart UUUUU, unchanged, into Regulation Number 8, Part E.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b), 25-7-106(1)(c), and 25-7-109, Colorado Revised Statutes, authorize the Commission to adopt emission control regulations. Section 25-7-106(6) authorizes the Commission to require monitoring, recordkeeping, and reporting. And, Sections 25-7-109(2)(h), 25-7-109(4), and 25-7-109.3 authorize the Commission to adopt regulations pertaining to hazardous air pollutants.

Purpose

Subpart UUUUU requires affected coal- and oil-fired electric utility steam generating units to meet hazardous air pollutant standards reflecting the application of the maximum achievable control technology. Adoption of Subpart UUUUU into Regulation 8, Part E makes the standard enforceable under Colorado law. These revisions also correct typographical, grammatical, and formatting errors.

VI.GG. Adopted: August 20, 2015

Incorporation by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E. This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts A, G, N, O, DD, GG, YY, III, GGG, JJJ, MMM, OOO, PPP, RRR, UUU, CCCC, UUUUU, ZZZZZ and DDDDDD. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. Additionally, on April 26, 1996, Colorado submitted revisions to the hazardous air pollutant requirements in Regulation Number 8, Part E in order to create federally enforceable limits on HAPs, for both new and existing sources, through the State's construction permit program.

This interim federal enforceability was to be in place until such time as EPA approved these revisions under CAA Section 112(l). EPA approved the April 26, 1996 revisions effective February 20, 2001 (65 Fed. Reg 79750) thereby rendering permits issued under Regulation 8 federally enforceable. Because EPA approved these revisions, the interim federal enforceability provision in Subpart IV.H is no longer necessary and can be removed from Regulation 8, Part E. This rulemaking incorporates by reference these revisions and it removes the interim federal enforceability provision that is no longer necessary.

Authority

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63, Subparts A, G, N, O, DD, GG, YY, III, GGG, JJJ, MMM, OOO, PPP, RRR, UUU, CCCC, UUUUU, ZZZZZ and DDDDDD make these rules and revisions enforceable under Colorado law. Further, these revisions may correct typographical, grammatical, and formatting errors throughout the regulation.

VI.HH. Adopted: August 18, 2016

Incorporation by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts AA, BB, CC, GG, LL, DDD, LLL, NNN, UUU, XXX, DDDDD, JJJJJ, KKKKK, UUUUU and EEEEEEE. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations.

Authority

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63, Subparts AA, BB, CC, GG, LL, DDD, LLL, NNN, UUU, XXX, DDDDD, JJJJJ, KKKKK, UUUUU and EEEEEEE make these rules and revisions enforceable under Colorado law. Further, these revisions may correct typographical, grammatical, and formatting errors throughout the regulation.

VI.II. Adopted May 18, 2017

Incorporation by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts CC, GG, LLL, and UUU. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations.

Authority

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63, Subparts CC, GG, LLL, and UUU make these rules and revisions enforceable under Colorado law. Further, these revisions may correct typographical, grammatical, and formatting errors throughout the regulation.

VI.JJ. Adopted May 17, 2018

Incorporation by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts W, MM, LLL, NNN, VVV, XXX, and CCCC. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations.

Authority

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63, Subparts W, MM, LLL, NNN, VVV, XXX, and CCCC make these rules and revisions enforceable under Colorado law. Further, these revisions may correct typographical, grammatical, and formatting errors throughout the regulation.

VI.KK. Adopted July 18, 2019

Incorporation by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts CC, DD, LLL, UUU, HHHH, QQQQ, and QQQQQ. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations.

Authority

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63, Subparts CC, DD, LLL, UUU, HHHH, QQQQ, and QQQQQ make these rules and revisions enforceable under Colorado law. Further, these revisions may correct typographical, grammatical, and formatting errors throughout the regulation.

VI.LL. Adopted May 21, 2020

Incorporation by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts OOOO, RRRR, NNNN, and KKKKK. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations.

Authority

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63, Subparts OOOO, RRRR, NNNN, and KKKKK make these rules and revisions enforceable under Colorado law. Further, these revisions may correct typographical, grammatical, and formatting errors throughout the regulation.

VI.MM. Adopted May 20, 2021

Incorporation by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts AA, MM, XX, YY, AAAA, DDDD, EEEE, FFFF, IIII, JJJJ, MMMM, NNNN, OOOO, PPPP, RRRR, UUUU, VVVV, WWWW, XXXX, YYYY, AAAAA, EEEEE, FFFFF, HHHHH, LLLLL, NNNNN, PPPPP, RRRRR, UUUUU, and ZZZZZ. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations.

Authority

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63, Subparts AA, BBa, MM, XX, YY, AAAA, DDDD, EEEE, FFFF, IIII, JJJJ, MMMM, NNNN, OOOO, PPPP, RRRR, UUUU, VVVV, WWWW, XXXX, YYYY, AAAAA, EEEEE, FFFFF, HHHHH, LLLLL, NNNNN, PPPPP, RRRRR, UUUUU, and ZZZZZ make these rules and revisions enforceable under Colorado law. Further, these revisions may correct typographical, grammatical, and formatting errors throughout the regulation.

VI.NN. Adopted May 19, 2022

Incorporation by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts YY, IIII, KKKK, VVVV, KKKKKK, MMMMM, SSSSS, MMMMMM, and OOOOOO. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations.

Authority

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 63, Subparts make these rules and revisions enforceable under Colorado law. Further, these revisions may correct typographical, grammatical, and formatting errors throughout the regulation.

VI.OO. Adopted May 17, 2023

Incorporation by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts AAAA, FFFF, YYYY, GGGGG, and IIIII. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations.

Authority

Purpose

VI.PP. Adopted May 16, 2024

Incorporation by reference of federal rules and amendments to federal standards in 40 C.F.R. Part 63 into Regulation Number 8, Part E.

Basis

The EPA promulgated new standards in 40 C.F.R. Part 63, Subparts QQQQ, QQQQQQ, HHHHH, UUUUU, and PPPPPP. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations.

Authority

Purpose

5 CCR 1001-10-E-VI

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