5 Colo. Code Regs. § 1001-4-VIII

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

Section 5 CCR 1001-4-VIII - Modification or Reopening of a Permit to Operate

VIII.A. Modification

The owner or operator must request, or the Division may require, a modification to the permit to operate and odor management plan when it is necessary to correct operational problems or to incorporate controls that minimize to the greatest extent practicable the emission of odorous gases from anaerobic process wastewater vessels and impoundments into the atmosphere, the emission of odorous gases from aerobic impoundments, and off-site odor emissions from all aspects of the housed commercial swine feeding operations. The owner or operator must obtain approval from the Division prior to initiating any change in operational procedures that may impact odorous gases, including but not limited to the following:

VIII.A.1. Increasing the number of animals permitted at the housed commercial swine feeding operation;

VIII.A.2. Changing animal waste treatment, storage, or disposal practices from those permitted at the housed commercial swine feeding operation;

VIII.A.3. Changing the nature and volume of the animal waste generated at the housed commercial swine feeding operation; and

VIII.A.4. Disposing of animal waste at any locations other than those identified in the permit to operate.

If a housed commercial swine feeding operation is required to modify its permit to operate or odor management plan, it shall pay the Division permit processing fees in the amounts and subject to the limits specified in the provisions of the Colorado Revised Statutes Section 25-7-114.7, for the Division's review of the odor management plan revisions.

VIII.B. Revocations/Reopening for Cause

VIII.B.1. A permit to operate issued pursuant to this Part B of Regulation Number 2 shall be reopened and revised in accordance with the State Act under any of the following circumstances:

VIII.B.1.a. The Division determines that the permit to operate contains a material mistake or that inaccurate statements were made in establishing the terms or conditions of the permit to operate.

VIII.B.1.b. The Division determines that the permit to operate must be revised or revoked to assure compliance with the applicable requirements.

VIII.B.2. Permit to operate reopenings and reissuance shall be processed using the procedures set forth in Section VI., Part B, of this Regulation Number 2 for permit to operate issuance and renewal.

VIII.B.2.a. Proceedings to reopen and reissue permits to operate affect only those parts of the permit to operate for which cause to reopen exists.

VII.B.2.b. Reopenings under this Section VIII.B., Part B, of this Regulation Number 2 shall not be initiated before notice of such intent is provided to the housed commercial swine feeding operation by the Division at least 30 days in advance of the date that the permit to operate is to be reopened.

5 CCR 1001-4-VIII