5 Colo. Code Regs. § 1001-4-II

Current through Register Vol. 47, No. 18, September 25, 2024
Section 5 CCR 1001-4-II - Definitions

The following terms are defined specifically for this Part B of Regulation Number 2. For any terms not defined in this Part B of Regulation Number 2, the definitions in the Colorado Air Pollution Prevention and Control Act (State Act, Sections 25-7-101, C.R.S., et seq.) and the Commission's Common Provisions (5 C.C.R. 1001-2) shall apply.

II.A. Aerobic

Means a waste treatment method that utilizes air or oxygen. II.B. Anaerobic

Means a waste treatment method that, in whole or in part, does not utilize air or oxygen.

II.C. Applicable Requirements

Means all of the following as they apply to emissions units in a housed commercial swine feeding operation:

II.C.1. any term or condition of any permit to operate issued pursuant to this Part B of Regulation Number 2;
II.C.2. any standard or other requirement provided for in this Part B of Regulation Number 2; and
II.C.3. any standard or other requirement provided for in the State Act or Commission regulations that apply to housed commercial swine feeding operations.
II.D. Aquifer

Means a formation, group of formations, or part of a formation containing sufficient saturated permeable material that could yield a sufficient quantity of water that may be extracted and applied to a beneficial use.

II.E. Capable of Housing

Means the combined maximum capacities of the housing units that are included in the housed commercial swine feeding operation. Unless the owner of the housed commercial swine feeding operation provides information about the specific operation to the Division, which demonstrates that an alternative capacity calculation is appropriate for that housed commercial swine feeding operation, operations will be presumed capable of housing 800,000 pounds or more of live animal weight if they have the capacity to house:

II.E.1. 11,500 weaning swine (70 pounds or less);
II.E.2. 3,020 swine (70 pounds up to finish weight);
II.E.3. 2,000 breeding sows and/or boars; and where more than one of the above-listed categories of swine of varying sizes are present, housed commercial swine feeding operations will be deemed capable of housing 800,000 pounds or more of live animal weight if, by dividing the capacity for the number of each type of swine by the respective limit from Sections II.E.1., II.E.2., and/or II.E.3., Part B, of this Regulation Number 2, above, the sum of the resulting numbers is one or greater.
II.F. Common or Affiliated Ownership or Management

Means:

II.F.1. housed commercial swine feeding operations owned by the same entity;
II.F.2. housed commercial swine feeding operations owned by entities related through majority ownership; or
II.F.3. housed commercial swine feeding operations with structural, organizational, or contractual relationships that evidence actual or effective control of the management of the aspects of a housed commercial swine feeding operation related to swine production or swine waste process wastewater conveyance, storage, treatment, or land application systems.
II.G. Cover

Means a man-made, man-applied, or man-operated device, technology, or material that encompasses the entire surface area of a process wastewater vessel or waste impoundment so as to capture, recover, incinerate or otherwise manage odorous gases to minimize, to the greatest extent practicable, the emissions of such gases into the atmosphere.

II.H. Division

Means for purposes of Regulation Number 2, Part B, the Division of Environmental Health and Sustainability, of the Colorado Department of Public Health and Environment.

II.I. Existing Source

Means any housed commercial swine feeding operation that has commenced construction prior to or on March 30, 1999.

II.J. Housed Commercial Swine Feeding Operation

Means a housed swine feeding operation that is capable of housing 800,000pounds or more of live animal weight of swine at any one time or is deemed a commercial operation under local zoning or land use regulations.

Two or more housed swine feeding operations shall be considered to comprise a single housed commercial swine feeding operation if they are both:

II.J.1. under common or affiliated ownership or management, and
II.J.1.a. are adjacent to or utilize a common area or system for manure disposal; or
II.J.1.b. are integrated in any way; or
II.J.1.c. are located or discharge within the same watershed or into watersheds that are hydrologically connected; or
II.J.1.d. are located on or discharge onto land overlying the same ground water aquifer.
II.K. Housed Swine Feeding Operation

Means the practice of raising swine in buildings, or other enclosed structures wherein swine of any size are fed for 45 days or longer in any 12 month period, and crop or forage growth or production is not sustained in the area of confinement.

II.L. Integrated in Any Way

Means separate operations that are related in a manner that creates a reasonable potential for the operations to result in a measurable cumulative impact on water quality or air quality at any one location.

II.M. Land Application

Means any process wastewater or manure being applied directly to the land for land disposal, land treatment, or irrigation and does not include the discharge to surface waters or loading of process wastewater vessels or waste impoundments even if such waters are subsequently diverted and applied to the land.

II.N. Manure

Means feces, urine, litter, bedding, or feed waste from housed commercial swine feeding operations.

II.O. New Source

Means any housed commercial swine feeding operation that has not commenced construction prior to or on March 30, 1999.

II.P. Open Animal Feeding Operation

Means pens or similar confinement areas with dirt, concrete, or other paved or hard surfaces wherein swine are substantially or entirely exposed to the outside environment and are located at a housed commercial swine feeding operation. For the purposes of Part B of this Regulation Number 2, the term open animal feeding operation is synonymous with the terms yard, pasture lot, dirt lot, and dry lot, for swine, as these terms are commonly used in the agricultural industry.

II.Q. Permit to Operate

Means the same as a "construction permit" or "emission permit", and is the permit required under Section 25-7-114.2, C.R.S.

II.R. Process Wastewater Vessel

Means a facility or part of a housed commercial swine feeding operation, other than a waste impoundment, which is used for the storage, treatment, evaporation or discharge of pollutant-containing wastewater, swine feeding process wastewater, waste solids, sludge, or associated sediment from a housed commercial swine feeding operation.

II.S. Receptor

Means any occupied dwelling used as a primary dwelling or its curtilage, a public or private school, or a place of business.

II.T. Swine Feeding Process Wastewater

Means any process-generated wastewater used in a housed commercial swine feeding operation, including water used for feeding, flushing, or washing, and any water or precipitation that comes into contact with any manure, urine, or any product used in or resulting from the production of swine. As used in this Part B of Regulation Number 2, "process wastewater" shall mean "swine feeding process wastewater."

II.U. Utilizes Air or Oxygen

Means a waste treatment method that utilizes air or oxygen at a minimum at one part per million of dissolved oxygen throughout the liquid column of the impoundment or a waste treatment method that is designed to meet the oxygen demand of the waste loading.

II.V. Waste Impoundment

Also termed "impoundment", means a facility or part of a housed commercial swine feeding operation which is a natural topographic depression, man-made excavation, or diked area formed of man-made or earthen materials, which is used for the storage, treatment, evaporation or discharge of pollutant-containing wastewater, waste solids, sludge, or associated sediment from a housed commercial swine feeding operation.

II.W. Watershed

Means a hydrologic unit no larger than an eight-digit unit as displayed on the U.S. Geologic Survey 1974 Hydrologic Unit Map for the State of Colorado. The phrase "watersheds that are hydrologically connected" shall mean watersheds that are contiguous and tributary to the same four-digit unit. Provided, that two or more housed commercial swine feeding operations shall not be considered to be located in the same watershed or in watersheds that are hydrologically connected if the owner or operator demonstrates that there is no reasonable potential for the operations to result in a cumulative impact on water quality at any one location.

II.X. Working Capacity

Means the number of weaned swine that the housed commercial swine feeding operation is capable of housing at one time.

5 CCR 1001-4-II