II.C. Transfer or assignment of ownership If transfer or assignment of ownership or operation of an air pollution emission source permitted pursuant to the operating permit requirements of this Part C of Regulation Number 3 is anticipated, the prospective owner or operator shall apply to the Division, on Division supplied administrative permit amendment forms, for reissuance of the existing permit. Part A, Section III. governs the administrative permit amendment procedures required for transfer or assignment of ownership of a source subject to the operating permit requirements. No administrative permit amendment shall be complete until a written agreement containing a specific date for transfer of permit, responsibility, coverage, and liability between the current and new permittee has been submitted to the Division.
II.E. Insignificant Activities and Exemptions from Operating Permit Requirements Sources that are otherwise required to obtain an operating permit are not required to include insignificant activities from the following list in their operating permit applications, except as otherwise provided.
None of the exemptions listed, including emission de minimis levels, shall apply if by taking such exemption a source would avoid any specific federal or state applicable requirement, including, but not limited to, New Source Performance Standards, Regulation Number 7, Prevention of Significant Deterioration (Section VI., Part D of this Regulation Number 3), nonattainment New Source Review requirements (Section V. Part D of this Regulation Number 3), Title III, National Emission Standards for Hazardous Air Pollutants, Title V, and Colorado Maximum Achievable Control Technology or Generally Available Control Technology . (If the potential to emit, taking into account full design rate and continuous operation, triggers Prevention of Significant Deterioration or New Source Review requirements, the source must submit an Air Pollutant Emission Notice and apply for the appropriate permit, or must apply for a permit to limit the physical or operational capacity of the source such that the source is not considered to be a major source as defined in Section I.B.30. of Part A of this regulation.).
Sources otherwise required to obtain an operating permit are required to include a list of insignificant activities in their permit applications if the insignificant activities are listed in Sections II.E.1. and II.E.2., or marked with an asterisk in Section II.E.3. The asterisk denotes an insignificant activity source category based on the size of the activity, emissions levels from the activity or the production rate of the activity. The owner or operator of individual emission points marked with an asterisk in Section II.E.3., must maintain sufficient record keeping verifying that the exemption applies. Such records shall be made available for Division review upon request.
The following sources are exempt from the requirement to obtain an operating permit pursuant to this Part C:
II.E.1. Sources subject to regulation or requirements pertaining to standards of performance for new residential wood heaters pursuant to Regulation Number 6; orII.E.2. Sources subject to regulation or requirements pertaining to national emissions standards for hazardous air pollutants for asbestos in the course of demolition and renovation pursuant to Regulation Number 8.II.E.3. Certain categories of sources and activities which are considered to be insignificant contributors to air pollution as listed. A source solely comprised of one or more of these activities are not required to obtain an operating permit pursuant to this regulation, unless the source's emissions trigger the major source threshold as defined in Section I.B.30. of Part A of this Regulation Number 3 (definition of major source): II.E.3.a. *Individual emission points in nonattainment areas having uncontrolled actual emissions of any criteria pollutant (as defined in Section I.B.20. of Part A of this Regulation Number 3) of less than one ton per year, and individual emission points in attainment or attainment/maintenance areas having uncontrolled actual emissions of any criteria pollutant of less than two tons per year, and each individual emission point with uncontrolled actual emissions of lead less than one hundred pounds per year, regardless of where the source is located.II.E.3.b. Individual emission points of non-criteria reportable pollutants having uncontrolled actual emissions less than the de minimis levels as determined following the procedures set forth in Appendix A.II.E.3.c. Air conditioning or ventilating systems not designed to remove air pollutants generated by or released from other processes or equipment.II.E.3.d. Fireplaces used for recreational purposes, inside or outside.II.E.3.e. Fires and equipment used for noncommercial cooking of food for human consumption, or cooking of food for human consumption at commercial food service establishments, except for char broilers and wood fired equipment (but not including campfires) in PM10 nonattainment areas. Charbroiler shall mean a cooking device in a commercial food service establishment, either gas fired or using charcoal or other fuel, upon which grease drips down upon an open flame, charcoal or embers.II.E.3.f. Flares used to indicate danger to the public.II.E.3.g. Agriculture operations such as farming, cultivating and harvesting, seasonal crop drying, grain handling operations that are below New Source Performance Standards de minimis levels (including milling and grain elevator operations), and animal feeding operations that are not housed commercial swine feeding facilities as defined in Regulation Number 2, Part B. This exemption does not apply to an agricultural operation that: (1) is a major source (Regulation Number 3, Part A, Section I.B.30.);(2) meets or exceeds the storage capacity thresholds of a federal New Source Performance Standards (Regulation Number 6, Part A); or(3) participates in the early reduction program of the Federal Act, Section 112. Ancillary operations such as fueling stations located at farms or ranches are not exempt from Air Pollutant Emission Notice and permit requirements unless otherwise below the de minimis emission levels contained in this regulation, and are not exempt from other applicable regulations promulgated by the Commission.II.E.3.h. Emissions from, or construction, or alteration of residential structures, including all buildings or other structures used primarily as a place of residence, and including home heating devices.II.E.3.i. Research laboratoriesII.E.3.i.(i) Noncommercial (in house) experimental and analytical laboratory equipment that is bench scale in nature including quality control/quality assurance laboratories, process support laboratories, environmental laboratories supporting a manufacturing or industrial facility, and research and development laboratories.II.E.3.i.(ii) *Research and development activities that are of a small pilot scale and that process less than ten thousand pounds of test material per year;II.E.3.i.(iii) *Small pilot scale research and development projects less than six months in duration with controlled actual emissions less than five hundred pounds of any criteria pollutant or ten pounds of any non-criteria reportable pollutant.II.E.3.j. *Disturbance of surface areas for purposes of land development, that do not exceed twenty-five contiguous acres and that do not exceed six months in duration. (This does not include mining operations or disturbance of contaminated soil).II.E.3.k. *Each individual piece of fuel burning equipment, other than smokehouse generators and internal combustion engines, that uses gaseous fuel, and that has a design rate less than or equal to five million British thermal units per hour. (See definition of fuel burning equipment in the Common Provisions Regulation).II.E.3.l. Internal combustion engines powering portable drilling rigs.II.E.3.m. *Petroleum industry flares, not associated with refineries, combusting natural gas containing no hydrogen sulfide except in trace amounts (less than five hundred parts per million weight), approved by the Colorado Oil and Gas Conservation Commission and having uncontrolled emissions of any pollutant of less than five tons per year.II.E.3.n. *Chemical storage tanks or containers that hold less than five hundred gallons, that have an annual average throughput less than twenty-five gallons per day, and are not associated with either oil and gas production wastewater or commercial facilities that accept oil production wastewater for processing.II.E.3.o. Unpaved public and private roadways, except for haul roads located within a stationary source site boundary.II.E.3.p. Sanding of streets and roads to abate traffic hazards caused by ice and snow.II.E.3.q. Open burning activities, except that all reporting and permitting requirements that apply to such operations must be followed (see Regulation Number 9).II.E.3.r. Brazing, soldering, or welding operations that use lead based compounds. All welding that occurs strictly for maintenance purposes is exempt.II.E.3.s. Street and parking lot striping.II.E.3.t. Battery recharging areas.II.E.3.u. Aerosol can usage.II.E.3.v. Sawing operations that are ancillary to facility operations and are not part of the production process.II.E.3.w. The process of demolition and re-bricking of furnaces and kilns. This does not include subsequent operation of such furnaces or kilns.II.E.3.x. Road and lot paving operations at commercial and industrial facilities, except that asphalt and cement batch plants require Air Pollutant Emission Notices and permits, unless exempt under some other section.II.E.3.y. Adhesive use that is not related to production.II.E.3.z. Fire training activities.II.E.3.aa. Caulking operations that are not part of a production process.II.E.3.bb. *Landscaping and site housekeeping devices equal to or less than ten horsepower in size (lawnmowers, trimmers, snow blowers, etc.).II.E.3.cc. Fugitive emissions from landscaping activities (e.g., weeding, sweeping).II.E.3.dd. Landscaping use of pesticides, fumigants, and herbicides.II.E.3.ee. *Crude oil loading truck equipment at exploration and production sites where the loading rate does not exceed 10,000 gallons of crude oil per day averaged on an annual basis. Condensate truck loading equipment at exploration and production sites that splash fill less than 6750 barrels of condensate per year or that submerge fill less than 16308 barrels of condensate per year.II.E.3.ff. Emergency events such as accidental fires.II.E.3.gg. Smoking rooms and areas.II.E.3.hh. Plastic pipe welding.II.E.3.ii. Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes.II.E.3.jj. Beauty salons.II.E.3.kk. Operations involving acetylene, butane, propane and other flame cutting torches.II.E.3.mm. *Chemical storage areas where chemicals are stored in closed containers, and where total storage capacity does not exceed five thousand gallons. This exemption applies solely to storage of such chemicals. This exemption does not apply to transfer of chemicals from, to, or between such containers.II.E.3.nn. Architectural painting, roof coating material and associated surface preparation (except for sandblasting and except for volatile organic compound emissions, associated with surface preparation, above Air Pollutant Emission Notice de minimis levels) for maintenance purposes at industrial or commercial facilities.II.E.3.oo. Emissions of air pollutants that are not criteria or non-criteria reportable pollutants (see Sections I.B.20. and I.B.35. of Part A of this regulation). These emissions include methane, ethane and carbon dioxide.II.E.3.pp. Janitorial activities and products.II.E.3.qq. Grounds keeping activities and products.II.E.3.rr. Sources of odorous emissions that do not utilize emission control equipment for control of odorous emissions. This exemption applies to the odor emissions only. All other emissions are subject to other exemptions set forth in this regulation. This exemption does not exempt any source from the requirements of Regulation Number 2.II.E.3.ss. Truck and car wash units.II.E.3.tt. Office emissions, including cleaning, copying, and restrooms.II.E.3.uu. Exemption Repealed (January 30, 2020).II.E.3.vv. Electrically operated curing ovens, drying ovens and similar activities, articles, equipment, or appurtenances. This exemption applies to the ovens only, and not to the items being dried in the ovens.II.E.3.ww. Equipment used exclusively for portable steam cleaning.II.E.3.xx. Blast-cleaning equipment using a suspension of abrasive in water and any exhaust system or collector serving them exclusively.II.E.3.yy. Commercial laundries (except dry cleaners) that do not burn liquid or solid fuel.II.E.3.zz. Storage of butane, propane, or liquefied petroleum gas in a vessel with a capacity of less than sixty thousand gallons, provided the requirements of Regulation Number 7, Section IV. are met, where applicable.II.E.3.aaa. Storage tanks of capacity less than forty thousand gallons of lubricating oils or waste lubricating oils.II.E.3.bbb. *Venting of compressed natural gas, butane or propane gas cylinders, with a capacity of one gallon or less.II.E.3.ccc. *Fuel storage and dispensing equipment in ozone attainment areas operated solely for company-owned vehicles where the daily fuel throughput is no more than four hundred gallons per day, averaged annually. Sources in an ozone attainment/maintenance area must utilize Stage 1 vapor recovery on all tanks greater than five hundred and fifty gallons capacity, as required by Regulation Number 7, in order to take this exemption.II.E.3.ddd. Exemption Repealed.II.E.3.eee. Indirect sources are exempt until a (permit) regulation specific to indirect sources is promulgated by the Commission.II.E.3.fff. *Storage tanks meeting all of the following criteria: II.E.3.fff.(i) Annual throughput is less than four hundred thousand gallons; andII.E.3.fff.(ii) The liquid stored is one of the following:II.E.3.fff.(ii)(A) Diesel fuels 1-D, 2-D, or 4-6;II.E.3.fff.(ii)(B) Fuel oils #1 - #6;II.E.3.fff.(ii)(C) As turbine fuels 1 - GT through 4 - GT;II.E.3.fff.(ii)(D) An oil/water mixture with a vapor pressure less than or equal to that of diesel fuel (Reid vapor pressure of .025 psia).II.E.3.ggg. Each individual piece of fuel burning equipment that uses gaseous fuel, and that has a design rate less than or equal to ten million British thermal units per hour, and that is used solely for heating buildings for personal comfort.II.E.3.hhh. Natural gas vehicle fleet fueling facilities.II.E.3.iii. Electric motors driving equipment at non-commercial machining shops.II.E.3.jjj. Recreational swimming pools.II.E.3.lll. Handling equipment and associated activities for glass that is destined for recycling.II.E.3.mmm. Containers, reservoirs, or tanks used exclusively for dipping operations, that contain no organic solvents, for coating objects with oils, waxes, greases, or natural or synthetic resins.II.E.3.nnn. Stationary Internal Combustion Engines that: II.E.3.nnn.(i) Are power portable drilling rigs; orII.E.3.nnn.(ii) Are emergency power generators that operate no more than two hundred fifty hours per year; orII.E.3.nnn.(iii) Have uncontrolled actual emissions less than five tons per year or manufacturer's site-rated horsepower of less than fifty.II.E.3.ooo. The collection, transmission, liquid treatment, and solids treatment processes at domestic wastewater treatment works, or treatment facilities that treat only domestic type wastewater, except for combustion processes.II.E.3.ppp. Gasoline stations located in ozone attainment areas.II.E.3.qqq. *Surface mining activities that mine seventy thousand tons or fewer of product material per year. A fugitive dust control plan is required for such sources. Crushers, screens and other processing equipment activities are not included in this exemption.II.E.3.rrr. Composting piles, however, all odor requirements of Regulation Number 2 must be met.II.E.3.sss. Fugitive emissions of hazardous air pollutants that are natural constituents of native soils and rock (not added or concentrated by chemical or mechanical processes) from underground mines or surface mines unless such source is a major source of hazardous air pollutants under Part C of this Regulation Number 3.II.E.3.ttt. The use of pesticides, fumigants, and herbicides when used in accordance with requirements established under the federal Insecticide, Fungicide and Rodenticide Act as established by the U.S. EPA (United States Code Title 7, Section 136 et seq.).II.E.3.uuu. Ventilation of emissions from mobile sources operating within a tunnel, garage, or building that are not operating for transportation purposes and are subject to stationary source requirements.II.E.3.vvv. Non-asbestos demolition.II.E.3.www. Sandblast equipment when the blast media is recycled and the blasted material are collected.II.E.3.xxx. Exemption Repealed.II.E.3.yyy. Surface water storage impoundment of non-potable water and storm water evaporation ponds, with the exceptions of impoundment of oil and gas production wastewater (including produced water tanks) and commercial facilities that accept oil and gas production wastewater for processing.II.E.3.zzz. Non-potable water pipeline vents.II.E.3.aaaa. Steam vents and safety release valves.II.E.3.bbbb. Exemption Repealed.II.E.3.cccc. Seal and lubricating oil systems for steam turbine electric generators.II.E.3.dddd. Venting of natural gas lines for safety purposes. This exemption does not apply to routine or predictable emissions at or associated with a stationary source.II.E.3.eeee. Chemical storage tanks II.E.3.eeee.(i) *Sulfuric acid storage tanks not to exceed ten thousand five hundred gallons capacity.II.E.3.eeee.(ii) *Sodium hydroxide storage tanks.II.E.3.ffff. Wet screening operations notwithstanding the applicability of the New Source Performance Standards included in the Code of Federal Regulations, Title 40, Part 60, Subpart OOO.II.E.3.gggg. *Any condensate storage tank with a production rate of 730 barrels per year or less or condensate storage tanks that are manifold together with a production rate of 730 barrels per year or less that are owned and operated by the same person, and are located at exploration and production sites.