5 Colo. Code Regs. § 1001-4, pt. A

Current through Register Vol. 47, No. 18, September 25, 2024

Part A - GENERAL PROVISIONS

Pursuant to Section 25-7-109(2)(d), C.R.S., the following Emission Regulations are issued:

I. No person, wherever located, shall cause or allow the emission of odorous air contaminants from any single source such as to result in detectable odors which are measured in excess of the following limits:

l.A. For areas used predominantly for residential or commercial purposes it is a violation if odors are detected after the odorous air has been diluted with seven (7) or more volumes of odor free air.

l.B. In all other land use areas, it is a violation if odors are detected after the odorous air has been diluted with fifteen (15) or more volumes of odor free air.

I.C.

I.C.1. When the source is a manufacturing process, the source shall have an affirmative defense to a violation of Sections I.A. and I.B., Part A, of this Regulation Number 2, provided that the source demonstrates that it is utilizing the best practical treatment, maintenance, and control currently available in order to maintain the lowest possible emission of odorous gases. In determining whether the source has met its burden of utilizing the best practical control methods, the source need not consider any method which would result in an arbitrary and unreasonable taking of property or in the practical closing of any lawful business or activity, if such would be without corresponding public benefit.

l.C.2. For all areas it is a violation when odors are detected after the odorous air has been diluted with one hundred twenty seven (127) or more volumes of odor free air in which case provisions of Section I.C.1., Part A, of this Regulation Number 2 shall not be applicable.

II. For the purposes of this Part A of Regulation Number 2, two odor measurements shall be made within a period of one hour, these measurements being separated by at least fifteen (15) minutes. These measurements shall be made outside the property line of the property from which the emission originates.

III. For the purposes of this Part A of Regulation Number 2, personnel for evaluating odors shall be selected using a "detectability rating test" as outline in "Selection and Training of Judges for Sensory Evaluation of the Intensity and Character of Diesel Exhaust Odors." USPHS Pub. #999-AP-32.

IV. An instrument, device, or technique designated by the Colorado Air Pollution Control Division may be used in the determination of the detectability of an odor and may be used as a guide in the enforcement of this Part A of Regulation Number 2.

V. The provisions of this Part A of Regulation Number 2 shall apply throughout the State of Colorado.

Except that this Part A of Regulation Number 2 shall not apply to housed commercial swine feeding operations, or to agricultural production that is not considered a major stationary source.

5 CCR 1001-4, pt. A