5 Colo. Code Regs. § 1001-5-B-III

Current through Register Vol. 48, No. 1, January 10, 2025

Section 5 CCR 1001-5-B-III - Construction Permit Review Procedures

III.A. Option for Pre Application Meeting

Prior to submitting an application for a permit, an applicant may request and, if so requested, the Division shall grant, a pre-application meeting with the applicant. At such meeting, the Division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications and the data required to be furnished with the permit application.

III.B. Application for a Construction Permit

III.B.1. An application for a Construction Permit shall be prepared on forms currently supplied by the Division.

III.B.2. Applications for Construction Permits, and modifications to Construction Permits, must include an Air Pollutant Emission Notice or alternate forms required by the Division.

III.B.3. Applications shall be signed by a person legally authorized to act on behalf of the applicant. The applicant shall furnish all information and data required by the Division to evaluate the permit application and to make its preliminary analysis in accordance with Section III.B.7. of this part.

III.B.4. (State Only) In addition to any requirements under Section III.B.7. of this Part B, or Section III.C.12.d. of Part C of this Regulation Number 3, for applications submitted on or after July 15, 2023, the Division will require dispersion modeling for the project being permitted by the Affected Construction Source located in Cumulatively Impacted Communities. Dispersion modeling will only be required for the Affected Pollutants for which a source is an Affected Construction Source, and will not be required for emissions of total volatile organic compounds. Such sources shall indicate that they are located in a Cumulatively Impacted Community, Socioeconomically Vulnerable Community, and/or Disproportionately Impacted Community as part of their permit application.

III.B.4.a. (State Only) Modeling required under this section must follow established state protocols and procedures outlined in Section VIII.A. of Part A of this Regulation Number 3.

III.B.4.b. (State Only) If a permit applicant demonstrates to the Division that the source is already conducting acceptable source-specific monitoring for an Affected Pollutant, then the source will not be required to conduct enhanced modeling pursuant to this Section III.B.4. for that Affected Pollutant.

III.B.5. (State Only) Beginning July 15, 2023, all permit applications must include an environmental justice summary for each census block group in which the source is located as part of the permit application. Beginning July 15, 2024, all permit applications must include a Division-verified environmental justice summary for each census block group in which the source is located as part of the permit application. An environmental justice summary is considered Division-verified when the source receives a notification from the Division verifying that it is complete and accurate. The summary must include, but is not limited to:

III.B.5.a. A description of the proposed permit application, including, but not limited to, a description of the project and the identification of which Affected Pollutants will be emitted from the source.

III.B.5.b. An aerial or satellite mapped image of the source's location that shows a 1-mile radius around the source's location. The map must show the source's location in relation to any Disproportionately Impacted Communities and any Occupied Areas not within Owner/Operator control within 1-mile of the Affected Construction Source.

III.B.5.c. The Colorado EnviroScreen score and environmental, health, and sociodemographic data as identified in the Disproportionately Impacted Community Layer of Colorado EnviroScreen incorporated into this regulation for the census block group(s) in which the source is located.

III.B.5.d. For any new sources located in Disproportionately Impacted Communities, or for any modifications to existing sources located in Disproportionately Impacted Communities that will increase overall facility emissions of any individual Affected Pollutant the summary required by this section should include considerations such as, but not limited to, a description and documentation of any planned or completed engagement with members of the Disproportionately Impacted Community who reside within 1-mile of the applicable source or frequent an Occupied Area within 1-mile of the applicable source unless the Occupied Area is under the control of the applicable source's owner/operator, a description and documentation of any emission reduction and control strategies implemented or any changes made to the source equipment or operations based on engagement with and assessment of the Disproportionately Impacted Community and indicator data from the Disproportionately Impacted Community Layer of Colorado EnviroScreen incorporated into this regulation, and any other considerations intended to facilitate the fair treatment and meaningful involvement of Disproportionately Impacted Community members.

III.B.5.e. Sources submitting construction permit applications for any of the following reasons are exempt from the requirement to include a verified environmental justice summary with the application:

III.B.5.e.(i) The application is only for administrative permit amendments, as defined in Section I.B.1.a. of Part A of this Regulation Number 3.

III.B.5.e.(ii) The application requests an overall decrease or no change in the annual emissions limits of each Affected Pollutant across the facility.

III.B.5.e.(iii) The application is for a modification at an existing source and a verified environmental justice summary has already been submitted with a permit application for the source using the most current version of the Disproportionately Impacted Community Layer of Colorado EnviroScreen incorporated into this regulation. This exemption does not apply if the Disproportionately Impacted Community Layer of Colorado EnviroScreen incorporated into this regulation has been updated since the last environmental justice summary was submitted for the source. Permit applicants relying on this exemption must state in their permit application that they have previously submitted an applicable summary and must identify the date the summary was verified by the Division.

III.B.5.f. An environmental justice summary will not be deemed to be complete unless it includes all information required in Sections III.B.5.a. through III.B.5.d. Within fourteen (14) business days of receipt of an environmental justice summary, the Division will give notice to the applicant that the summary has been verified, or if not, to what respect the summary is incomplete or inaccurate. The timeframe for the Division's review may be extended by 14 days if:

(i) the Division receives an unexpected number of environmental justice summaries that prevent review; or

(ii) needed to request and receive additional information from the applicant. If the Division fails to timely notify an applicant that a summary is incomplete, the summary may be submitted with a permit application without Division verification and the Division will process the permit application using the unverified summary. The unverified summary may be submitted with a permit application, but will not be considered for the exemptions in Part B, Section III.B.5.e.(iii) and Part C, Section III.C.14.a.(iii) for any future permit applications, unless subsequently verified by the Division. Permit applicants submitting an unverified summary must state in their permit application that the Division failed to give notice that the summary was verified or not.

III.B.6. An application for a Construction Permit will not be deemed to be complete until all information and data required to evaluate the application have been submitted to the Division. Within sixty calendar days after the receipt of an application or any supplemental information timely requested by the Division, the Division will give notice to the applicant if and in what respect the application is incomplete. If the Division fails to notify an applicant that the application is incomplete within sixty calendar days of receipt of the original application or receipt of the requested supplemental information, the application shall be deemed to have been complete as of the day of receipt by the Division of the application or the last submitted supplemental information, whichever is later.

III.B.7. Except for applications for sources subject to the requirements of Section VI. of Part D of this regulation (Prevention of Significant Deterioration), the Division shall prepare its preliminary analysis within sixty calendar days after receipt of a complete permit application. The preliminary analysis allows the Division to determine whether the new source will, at date of commencement of operation, comply with:

III.B.7.a. All applicable emission control regulations,

III.B.7.b. Applicable regulations for the control of hazardous pollutants,

III.B.7.c. Requirements of the nonattainment and attainment programs (Sections V. and VI. of Part D), and

III.B.7.d. Any applicable ambient air quality standards and all applicable regulations.

The preliminary analysis shall indicate what impact, if any, the new source will have (as of the projected date of commencement of operation) on all areas (attainment, attainment/maintenance, nonattainment, unclassifiable), within the probable area of influence of the proposed source. If so requested on the permit application form, a copy of this preliminary analysis shall be forwarded to the applicant postmarked no later than fifteen calendar days after the completion of the preliminary analysis.

When the preliminary analysis includes modeling, the model used shall be an appropriate one given the topography, meteorology and other characteristics of the region that the source will impact. Use of any non-guideline model requires U.S. EPA approval under Section VIII.A. of Part A of this regulation.

III.C. Public Comment Requirements

III.C.1. The following sources, unless exempted in Section III.C.2., are subject to public comment:

III.C.1.a. Sources with projected controlled annual emissions of any pollutant for which an ambient air quality standard has been designated, where such emissions will be greater than twenty-five tons per year if the source is located in a nonattainment area, fifty tons per year if the source is located in an attainment or attainment/maintenance area, or two hundred pounds per year of lead (for any area of the state).

III.C.1.b. Sources for which preliminary analysis indicates a possible violation of Commission Regulation Number 2 (odor emissions).

III.C.1.c. For hazardous air pollutants if:

III.C.1.c.(i) The source is subject to Federal National Emission Standards for Hazardous Air Pollutants,

III.C.1.c.(ii) The source is subject to Federal or Colorado Maximum Achievable Control Technology or Generally Available Control Technology standards, or

III.C.1.c.(iii) The source is voluntarily applying for permit conditions to limit the source's potential to emit hazardous air pollutants.

III.C.1.d. Sources subject to Sections V. or VI. of Part D of this regulation that are attempting to obtain a federally enforceable limit on the potential to emit of the source in order to avoid other requirements.

III.C.1.e. Sources submitting an application for a BART determination or BART alternative pursuant to Regulation Number 23.

III.C.2. The following sources are generally not required to be subject to public comment, unless the Division determines that public comment is warranted pursuant to Section III.C.3.:

III.C.2.a. Sources of six months' duration or less, except that public comment shall be required for all major sources of hazardous pollutants without regard to the duration of the operation of such source unless specifically exempted.

III.C.2.b. Demolition projects, even if asbestos materials are present, provided that all the requirements of Regulation Number 8 are followed for any and all materials suspected of containing asbestos.

III.C.2.c. Construction or modification of sources in accordance with the minor modification and operational flexibility provisions of Sections X., XI., and XII. of Part C of this regulation are subject to the public participation requirements of Part C.

III.C.3. Sources for which a permit is required, but for which public comment is not required by Sections III.C.1., III.C.2.a., or III.C.2.b., are exempt from public comment requirements unless the Division determines that public comment is warranted. In making such determinations, the Division shall take into consideration the duration of the operation, its location, the nature and projected amount of emissions, anticipated public concern, and other relevant factors.

III.C.4. When public comment is required by Section III.C.1., or when the Division determines, pursuant to Section III.C.3., that an application warrants public comment, the Division shall, within fifteen calendar days after the preparation of the preliminary analysis, cause public notice of the application to be published in a newspaper of general distribution in the area in which the proposed project or activity is or will be located, or by such other means necessary to assure notice to the affected public, that may include posting of such notice on the publicly accessible portion of the Division's web site. The Division will provide a copy of the application, the preliminary analysis, and the draft permit, or information about how to access digital versions of these documents on a publicly accessible website, to the county clerk for each county in which the source is, or will be located. Documents provided directly to the county clerk may be in digital or hard copy format. The Division will send written or electronic notice to persons requesting notice of permit applications that are subject to public notice requirements. Electronic notice may include email notification to persons on an email list developed and maintained by the Division. For sources applying for a permit to limit the potential to emit criteria pollutants or federal hazardous air pollutants, the Division will send a copy of the public notice and the draft permit to the U.S. EPA Administrator for comment. The newspaper notice or other such means of notice shall contain all of the following information in Sections III.C.4.a. through III.C.4.e.

III.C.4.a. The location and nature of the proposed project or activity for which a construction permit application has been filed.

III.C.4.b. The locations where the application and preliminary analysis are available for public inspection.

III.C.4.c. That comments concerning the ability of the proposed project or activity to comply with the applicable standards and regulations of the Commission are solicited from any interested person.

III.C.4.d. That the Division will receive and consider public comments for thirty calendar days after such publication.

III.C.4.e. The Division's preliminary determination of approval, conditional approval, or disapproval of the application.

III.D. Construction Permit Review Requirements

III.D.1. Requirements applicable to all construction permit applications (except that processing timeframes of combined construction/operating applications shall be as set forth in Part C, Section IV., of this Regulation Number 3). Within thirty calendar days following the completion of the Division's preliminary analysis for applications not subject to the public comment, within thirty calendar days following the period for public comment for applications subject to public comment, or if a public comment hearing is held for sources subject to the provisions of Part D, Sections V. and VI., within thirty calendar days following such hearing, the Division shall grant the permit if it finds that:

III.D.1.a. The proposed source or activity will meet all applicable emission control regulations and regulations for the control of hazardous air pollutants;

III.D.1.b. As applicable, the proposed source or activity will meet the requirements of the attainment program as outlined in Section V. of Part D of this regulation, if any;

III.D.1.c. The proposed source or activity will not cause an exceedance of any National Ambient Air Quality Standards;

III.D.1.d. The source or activity will meet any applicable ambient air quality standards and all applicable regulations;

III.D.1.e. As applicable, the proposed source or modification will meet the requirements of the prevention of significant deterioration program of Section VI. of Part D of this regulation.

[Provided however, that the Division shall not deny a permit for failure of the proposed source to meet any applicable requirement of the state implementation plan where (1) there is pending an application for a revision to the state implementation plan pursuant to Colorado Revised Statute, Section 25-7-305 (Alternative Emission Reduction) that, if adopted, would require the Division to grant the permit and (2) the applicant waives the time constraints on the Division to act on its application until the Commission has issued its final decision on the request for a state implementation plan revision and the U.S. EPA has acted on the proposed revision to the state implementation plan. In such circumstances, the Division shall delay its decision on the permit application until after final action on the request for revision of the state implementation plan (including action by the U.S. EPA)];

III.D.1.f. The fees required in Section VI. of Part A of this regulation have been paid;

III.D.1.g. Permit approval shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the state implementation plan and any other requirements under local, state, or federal law.

III.D.2. RACT Requirements for new or modified Minor Sources (including new or modified minor emissions units at major stationary sources) of volatile organic compounds, carbon monoxide, nitrogen oxides, sulfur dioxide, and PM10 in nonattainment and attainment/maintenance areas (State Only), and RACT requirements for new or modified Minor Sources (including new or modified minor emissions units at major stationary sources) of volatile organic compounds, nitrogen oxides, and direct PM2.5 in Cumulatively Impacted Communities.

III.D.2.a. Minor sources in designated nonattainment or attainment/maintenance areas that are otherwise not exempt pursuant to Section II.D. of this Part, shall apply Reasonably Available Control Technology for the pollutants for which the area is nonattainment or attainment/maintenance.

III.D.2.b. In the Denver Metropolitan PM10 attainment/maintenance area, for any new minor source with a potential to emit forty tons per year or more of nitrogen oxides or sulfur dioxide, or a modification of an existing minor source with a net emissions increase of forty tons per year or more of nitrogen oxides or sulfur dioxide, the source will install Reasonably Available Control Technology.

III.D.2.c. (State Only) New sources of Affected Pollutants located in Cumulatively Impacted Communities with construction permit applications submitted on or after January 1, 2024 must apply Reasonably Available Control Technology to emission units with requested permitted emissions of volatile organic compounds, nitrogen oxides, and/or direct PM2.5 in excess of the construction permit thresholds in Part B, Sections II.D.2. or II.D.3. The owner or operator of the proposed source shall apply RACT only for the Affected Pollutant exceeding the construction permit threshold at the new emissions unit.

III.D.2.c.(i) For the purposes of this Section III.D.2.c., any source subject to RACT requirements in Regulation Number 7 (as reorganized) or the Colorado State Implementation Plan (SIP) shall be presumed to comply with this III.D.2.c. for any pollutants covered by those existing RACT requirements.

III.D.2.d. (State Only) Modifications to existing sources of Affected Pollutants located in Cumulatively Impacted Communities with construction permit applications submitted on or after January 1, 2024 must apply Reasonably Available Control Technology to the project's emission units that result in an overall increase in the modified source's requested permitted emissions of volatile organic compounds, nitrogen oxides, and/or direct PM2.5 in an amount exceeding the construction permit thresholds in Part B, Sections II.D.2. or II.D.3. The owner or operator of the proposed source shall apply RACT only for the Affected Pollutant exceeding the construction permit threshold at the modified emissions unit.

III.D.2.d.(i) For the purposes of this Section III.D.2.d., any source subject to RACT requirements in Regulation Number 7 (as reorganized) or the Colorado State Implementation Plan (SIP) shall be presumed to comply with this III.D.2.d. for any pollutants covered by those existing RACT requirements.

III.E. Permit Terms and Conditions

The Division shall include such terms and conditions in any permit as it deems necessary for the proposed project or activity to qualify for the permit.

III.F. Denial or Revocation of the Construction Permit

III.F.1. If the Division determines that a source cannot comply with the provisions of Part B, Section III.D., of this regulation, the Division shall issue its written denial of the permit application stating the reasons for such denial. Any Division denial of a permit shall become final upon mailing of the denial notice to the applicant by certified mail. The applicant may appeal the Division's final denial of a permit as provided in Section III.F.3.

III.F.2. Any applicant for a construction permit shall advise the Division in writing of any refusal to accept any permit condition imposed by the Division within twenty calendar days after receipt of the permit. Such refusal shall be deemed a denial of the permit application.

III.F.3. If the Division denies a permit, imposes conditions upon a permit that are contested by the applicant, revokes a permit, or requires a permit from a source that may qualify for an exemption, the applicant or owner or operator of a source may request a hearing before the Commission for review of the Division's action. The request for a hearing must be filed with the Commission within thirty days after the issuance of the permit, denial or revocation. The hearing shall be heard in accordance with the provisions of Section VI. of the Commission's Procedural Rules, Colorado Revised Statute Sections 25-7-114.5(8), and 25-7-119, (Colorado Air Pollution Prevention and Control Act) and Section 24-4-105, (State Administrative Procedure Act).

III.F.4. Initial Approval Expiration

III.F.4.a. An initially approved permit shall expire if the owner or operator of the source for which the permit was issued:

(i) does not commence construction or operation of the source within eighteen months after either the date of issuance of the permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later;

(ii) discontinues construction for a period of eighteen months or more; or

(iii) does not complete construction within a reasonable time of the estimated completion date.

III.F.4.b. Upon a showing of good cause by the permittee, the Division may grant extensions of the permit not to exceed eighteen months per extension. Construction or operation shall commence or be resumed within a reasonable period of time from the granting of the extension. In determining what constitutes good cause or a reasonable period of time, the Division shall consider the degree of construction already completed, the amount invested or legally committed to the project, whether an extension would prevent (e.g., through reservation of a Prevention Significant Deterioration increment) economic development in the affected area, general economic conditions, the health of the community as it affects the ability of the permittee to proceed, and other relevant factors. The Division shall notify the Commission of any requested extensions and the reason given for each request.

III.G. Final Permit Approval

III.G.1. Unless prior and mutually acceptable arrangements have been made, the applicant shall give notice to the Division within fifteen calendar days after the date on which commencement of operation takes place.

III.G.2. Within 180 calendar days after commencement of operation, the source shall demonstrate to the Division compliance with the terms and conditions of the initial approval construction permit. The Division may inspect the source to determine whether or not the operating terms and conditions of the initial approval construction permit have been satisfied. At the end of 180 days, the Division must revoke the construction permit; or, continue the construction permit if applicable; or, notify the owner or operator that the source has demonstrated compliance with the construction permit.

III.G.3. Before final approval of the permit is granted, the Division may require the applicant to conduct and pay for performance tests in accordance with methods approved by the Division. A test protocol shall be submitted to the Division for review and approval at least thirty days prior to testing. The Division may monitor such tests and may, at its expense, conduct its own performance tests.

III.G.4. For sources that submit an application for an operating permit pursuant to Part C of this Regulation Number 3, including any application for a permit modification or permit renewal, prior to issuance of a final approval construction permit, upon demonstration by the source of compliance with all terms and conditions of the construction permit or a satisfactory final approval inspection, as required pursuant to this Section III.G., the Division may elect to either issue a final approval construction permit or allow the initial approval construction permit to continue in full force and effect. The Division shall provide written notice to the permittee of its election.

III.G.5. If the Division determines that the terms and conditions of the permit have been satisfied, the Division shall issue in writing its final permit approval to the applicant, or shall incorporate the terms and conditions into an operating permit issued in accordance with Part C of this regulation. Otherwise, the Division shall revoke the permit.

III.G.6. Final approval may be issued at the same time as initial approval for temporary sources of duration of one month or less.

III.G.7. Prior to issuance of final approval, the applicant shall furnish:

III.G.7.a. An operating and maintenance plan for all control equipment and control practices; and

III.G.7.b. A proposed record keeping format for demonstrating compliance on an ongoing basis.

III.G.7.c. (State Only) If required, a Division-approved source-specific monitoring plan pursuant to III.J.2. of this Part B.

III.H. Permit Cancellation

Whenever an owner or operator wishes to cancel a permit, the owner or operator shall notify the Division, using forms provided by the Division.

III.I. General Construction Permits

III.I.1. The Division may issue a general construction permit covering numerous similar sources to a source that would otherwise be required to obtain a construction permit pursuant to this Part B. Any general construction permit shall comply with all applicable requirements, including notice and opportunity for public participation where warranted for such sources. The Division may issue a general construction permit in accordance with one or more of the following considerations:

III.I.1.a. The control equipment utilized by the sources;

III.I.1.b. The design characteristics of the sources;

III.I.1.c. The operational variability of the sources;

III.I.1.d. The location of the sources.

III.I.2. A source shall not perform any of the following without first obtaining a valid general construction permit from the Division pursuant to this provision, or a valid construction permit as otherwise required pursuant to Section III. of this Part B:

III.I.2.a. Construct, operate, or modify any building, facility, structure, or installation;

III.I.2.b. Install any machine, equipment, or other device;

III.I.2.c. Commence the conduct of any such activity;

III.I.2.d. Commence performance of any combinations thereof; or

III.I.2.e. Commence operations of any of the same that will or do constitute a new stationary source.

III.I.3. Administration

III.I.3.a. General construction permits may be issued, modified, revoked and reissued, or terminated in accordance with the provisions of this regulation.

III.I.3.b. Sources shall submit applications to be covered under the general construction permit on forms provided by the Division.

III.I.3.c. Individual Permit Requirements

III.I.3.c.(i) The Division may require any source authorized by a general construction permit to apply for and obtain an individual permit. Cases where an individual permit may be required include, but are not limited to, the following:

III.I.3.c.(i)(A) A change has occurred in the availability of control technology or practices for the control or abatement of air pollutants applicable to the source; or

III.I.3.c.(i)(B) Circumstances have changed since the time of the request to be covered so that the source is no longer appropriately controlled under the general construction permit.

III.I.3.c.(ii) Any source authorized by a general construction permit may request to be excluded from the coverage of the general construction permit by applying for an individual permit, as provided for under Parts A and B.

III.I.3.c.(iii) When the Division issues an individual permit to a source otherwise subject to a general construction permit, the applicability of the general construction permit to the individual permittee is automatically terminated on the effective date of the individual permit.

III.I.3.c.(iv) A source excluded from a general construction permit solely because it already has an individual permit may request that the individual permit be revoked, and that it be covered by the general construction permit. Upon revocation of the individual permit, the general construction permit shall apply to the source.

III.I.3.c.(v) In determining whether an individual permit is required, the Division may consider the compliance history and current compliance status of the source.

III.I.4. The Division shall review the application and certify or deny the request based on criteria specified in the general construction permit established by the Division for that type of source.

III.I.5. General construction permits shall include conditions necessary to ensure the sources will meet all applicable requirements.

III.I.6. General construction permits issued by the Division may include the following requirements, as appropriate and as specified in each permit:

III.I.6.a. An operating and maintenance plan for all control equipment and control practices;

III.I.6.b. A record keeping format for demonstrating compliance;

III.I.6.c. Monitoring methods to assure compliance; and

III.I.6.d. Alternative operating scenarios that include specific monitoring, record keeping, and reporting methods that will assure compliance with the permit conditions.

III.I.7. All general construction permits shall undergo statewide public notice. If a source wants to be covered under a general construction permit, the source must apply within the time period specified in the public notice.

III.J. (State Only) Disproportionately Impacted Community Monitoring Provisions

III.J.1. (State Only) Applicability

The provisions of Sections III.J.2., III.J.4., and III.J.5. shall apply to sources of Affected Pollutants located in Disproportionately Impacted Communities that submit permit applications on or after July 15, 2024. The provisions of Section III.J.3 shall apply to sources of Affected Pollutants located in Disproportionately Impacted Communities that submit permit applications on or after October 15, 2024.

III.J.2. (State Only) Source-Specific Monitoring

Table 1 - Cumulatively Impacted Community Monitoring Thresholds
Affected Pollutant	Maximum Annual Average Modeled Concentration
Benzene	>= 5 ppb
Toluene	>= 664 ppb
Ethylbenzene	>= 115 ppb
Xylene	>= 12 ppb
PM2.5	> 6 µg/m3
Nitrogen Dioxide	> 50 µg/m3

III.J.2.a. For each Affected Pollutant modeled pursuant to Section III.B.4. of this Part B with a maximum annual average modeled concentration at or above the Cumulatively Impacted Community Monitoring Thresholds as defined in Table 1 of this Part, the owner or operator of the Affected Construction Source must design and implement a Division-approved source-specific monitoring plan if the source is not already operating source-specific monitoring for that Affected Pollutant. Source-specific monitoring will not be required for total volatile organic compounds.

III.J.2.b. Source-specific monitoring plans required pursuant to Section III.J.2. of this Part B must identify how the selected source-specific monitoring is the best available monitoring technology that is reasonably available and capable of detecting or monitoring pollutants for which the Affected Construction Source triggered source-specific monitoring. The source-specific monitoring plan must also identify how the source-specific monitoring will inform how the emissions of the Affected Pollutant being monitored will impact the ambient air concentrations in the Disproportionately Impacted Community in which the source is located. Source-specific monitoring must be implemented utilizing one of the following options:

III.J.2.b.(i) Design and operation of a Division-approved fenceline monitoring network;

III.J.2.b.(ii) If accessible to the source's owner/operator, the installation and operation of air quality monitors within 0.25-miles of the area of highest annual average modeled concentration if the area of highest annual average modeled concentration is within 0.25-miles of an Occupied Area or the nearest logistically practical location. Monitor locations must be approved by the Division;

III.J.2.b.(iii) Operation of monitoring technologies in accordance with a Division-approved detailed description of all existing monitoring being performed and/or new monitoring being adopted by the source for the relevant Affected Pollutant(s), including the type and frequency of monitoring, and a demonstration of how such monitoring informs impacts on the ambient air concentrations in the Disproportionately Impacted Community in which the source is located, which may include dispersion modeling data or other relevant information. Monitoring can include, but is not limited to, operation of Continuous Emissions Monitoring Systems (CEMS), performance testing, utilization of Division-approved parametric monitoring, source-specific sampling, and real or near real-time process monitoring systems such as supervisory control and data acquisition (SCADA).

III.J.2.c. For sources subject to the monitoring requirements of Section III.J.2., data collected through monitoring efforts must be provided by the source to the Division via Application Program Interface (API) or in accordance with Division-approved frequency and methods.

III.J.2.d. The types of monitoring technology that can be used will be dependent on the measurement objectives and may include compound specific small sensors; real, or near real-time single, or multi-compound analyzers; open-path monitoring systems; and alternative methods of monitoring as approved by the Division.

III.J.2.e. If source-specific monitoring is required, owners or operators must submit a source-specific air quality monitoring plan to the Division at least sixty (60) days prior to beginning operations.

III.J.2.f. Sources subject to source-specific monitoring pursuant to Section III.J.2. of this Part B may petition to discontinue source-specific monitoring requirements after two years of monitoring. The petition must include monitoring data which demonstrates that concentrations are below Cumulatively Impacted Community Monitoring Thresholds outlined in Table 1. The Division may approve the petition to discontinue monitoring requirements if it finds that sufficient information has been collected to assess a source's impact on the Disproportionately Impacted Community in which the source is located. In determining approval of the petition to discontinue monitoring, the Division may consider the source's compliance history, monitored concentration levels, burdens experienced by communities, density of monitoring occurring in the community, and planned startup, shutdown, and malfunction events with high levels of emissions.

III.J.2.f.(i) The Division's approval of a request to discontinue source-specific monitoring does not relieve a source's requirement to reevaluate the need for source-specific monitoring of any future modifications.

III.J.3. (State Only) Disproportionately Impacted Community Monitoring

Table 2 - Disproportionately Impacted Community Monitoring Fees
	Socioeconomically Vulnerable Community	Cumulatively Impacted Community
Pollutant Above APEN Reporting Thresholds and Less than Affected Construction Source Threshold	$50.00	$100.00	Per Affected Pollutant in this Tier
Pollutant Greater than or Equal to Affected Construction Source Threshold	$200.00	$400.00	Per Affected Pollutant in this Tier
Pollutant Above APEN Reporting Threshold at a Major Source of Affected Pollutant	$500.00	$750.00	Per Affected Pollutant in this Tier

III.J.3.a. This Section III.J.3. applies to new or modified sources of Affected Pollutants located in Disproportionately Impacted Communities that are not subject to source-specific monitoring requirements per Section III.J.2 or Section III.J.4. of this Part B and are issued a construction permit to increase the source's requested permitted emissions of volatile organic compounds, nitrogen oxides and/or direct PM2.5 and sources that are issued a construction permit based on an Air Pollutant Emission Notice reflecting increased estimated annual actual emissions of benzene, toluene, ethylbenzene, and/or xylenes in an amount exceeding non-criteria reportable pollutant thresholds set forth in Part A., Section II.B.3.b. of this Regulation Number 3. The estimated annual actual emissions of benzene, toluene, ethylbenzene, and/or xylenes and/or the requested permitted emissions of volatile organic compounds, nitrogen oxides, and/or direct PM2.5 noted on the Air Pollutant Emission Notice and information submitted pursuant to Section III.B. of this Part B filed with the Division shall be used for Disproportionately Impacted Community Monitoring Fee assessment.

III.J.3.b. Sources subject to Section III.J.3.a. must participate in Disproportionately Impacted Community Monitoring by paying the invoiced processing fees to the Stationary Source Control Fund as outlined in Table 2 - Disproportionately Impacted Community Monitoring Fees. All invoiced processing fees assessed must be received within thirty (30) days of the date of invoice issuance. All processing fees collected under this section III.J.3. must be made payable to the Colorado Department of Public Health and Environment.

III.J.3.c. The Division shall use the fees collected through the Stationary Source Control Fund to administer the Disproportionately Impacted Community Monitoring program set forth in Section III.J.3. of this Part B.

III.J.4. (State Only) Requirements for well production facilities

III.J.4.a. Owners or operators of well production facilities subject to the monitoring requirements of Regulation Number 7, Part B, Section VI.C. which are located in Cumulatively Impacted Communities must continue to monitor air quality at and/or around the pre-production and early-production operations for the duration of facility operations. Owners/operators of well production facilities are not subject to the monitoring requirements set forth in Section III.J.2. of this Part B unless the well production facility submits a permit modification on or after July 15, 2024 that results in the project's requested permitted emissions of volatile organic compounds, nitrogen oxides, and/or direct PM2.5 or estimated annual actual emissions of benzene, toluene, ethylbenzene, and/or xylenes exceeding the thresholds outlined in Section I.B.4. of Part A of this Regulation Number 3.

III.J.4.a.(i) Owners or operators may choose to satisfy the monitoring requirements for well production facilities by using alternative methods of monitoring utilizing technology that may include compound specific small sensors; real, or near real-time single, or multi-compound analyzers, open-path monitoring systems; or other alternative methods of monitoring as approved or required by the Division. Utilizing an alternative method of monitoring does not relieve a source of its obligations pursuant to Regulation Number 7, Part B, Section VI.C.

III.J.4.b. Sources subject to well production monitoring pursuant to Section III.J.4. of this Part B may petition to discontinue well production monitoring after two years of monitoring if the monitoring has not demonstrated an exceedance of Cumulatively Impacted Community Monitoring Thresholds outlined in Table 1 for any Affected Pollutant being monitored and that the source's requested permitted emissions of volatile organic compounds, nitrogen oxides, and/or direct PM2.5 or estimated annual actual emissions of benzene, toluene, ethylbenzene, or xylene are below thresholds outlined in Section I.B.4. of Part A of this Regulation Number 3. The Division may approve the petition to discontinue monitoring requirements if it finds that sufficient information has been collected to assess a source's impact on the Cumulatively Impacted Community in which the source is located. In determining approval of the petition to discontinue monitoring the Division may consider the source's compliance history, monitored concentration levels, burdens experienced by communities, density of monitoring occurring in the community, and planned startup, shutdown, and malfunction events with high levels of emissions.

III.J.4.b.(i) The Division's approval of a request to discontinue well production monitoring does not relieve a source's requirement to reevaluate the need for source-specific monitoring of any future modifications.

III.J.4.c. Well production facilities may petition to discontinue well production monitoring after one year and the Division may approve the petition to discontinue monitoring if the source can demonstrate that monitored concentrations are below Cumulatively Impacted Community Monitoring Thresholds in Table 1 and the source meets the design and operational criteria identified in Regulation Number 7, Part B, Sections II.E.4.f.(i) and II.E.4.f.(ii).

III.J.4.c.(i) The Division's approval of a request to discontinue well production monitoring does not relieve a source's requirement to reevaluate the need for source-specific monitoring of any future modifications.

III.J.5. Owners or operators of new or modified sources located in Disproportionately Impacted Communities that are utilizing general permits must submit a notification at the time of registration for a general permit or permits issued pursuant to Section III.I. of this Part B indicating the source will comply with the monitoring requirements outlined in this Section III.J., as applicable, by either:

III.J.5.a. Complying with source-specific monitoring pursuant to Section III.J.2. of this Part B;

III.J.5.b. Paying community monitoring fees pursuant to Section III.J.3. of this Part B; or

III.J.5.c. Complying with well production facility monitoring pursuant to Section III.J.4. of this Part B.

III.J.5.d. Owners or operators must comply with the monitoring methodology selected on the general permit registration form.

5 CCR 1001-5-B-III

37 CR 18, September 25, 2014, effective 10/15/2014

37 CR 24, December 25, 2014, effective 1/14/2015

39 CR 04, February 25, 2016, effective 3/16/2016

39 CR 21, November 10, 2016, effective 11/30/2016

41 CR 21, November 10, 2018, effective 11/30/2018

43 CR 02, January 25, 2020, effective 2/14/2020

44 CR 02, January 25, 2021, effective 2/14/2021

46 CR 02, January 25, 2022, effective 2/14/2023

46 CR 12, June 25, 2023, effective 7/15/2023

47 CR 06, March 25, 2024, effective 4/15/2024

47 CR 12, June 25, 2024, effective 7/15/2024