5 Colo. Code Regs. § 1001-5-C-III

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

Section 5 CCR 1001-5-C-III - Operating Permit Application Requirements

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, based on the best information available from the applicant at the time. Failure of the Division to identify all requirements and information does not exempt the source from compliance with applicable requirements or these regulations.

III.B. Application for operating permit and combined construction/operating permit applications

III.B.1. An application for an operating permit must be prepared on forms supplied by the Division that meet all the requirements of the Federal Act.

III.B.2. Each source required to obtain an operating permit pursuant to Section III. of this Part C, for the first time, shall submit an application for such a permit no later than twelve months after the source becomes subject to the operating permit requirement. A source that becomes subject to the operating permit program by operation of law, such as the adoption of new legal requirements, shall submit an application for an operating permit within twelve months of the effective date of such new legal requirements unless otherwise specified by the requirements. A new source or an existing source that modifies in a way that renders it newly subject to the operating permit requirements, shall submit a complete application for an operating permit within twelve months of commencing operation, except as otherwise provided herein. Modifications made to a source with an operating permit, through a permit issued under Part B shall apply for a modification to their operating permit within twelve months of startup. A new source and any significant modification to an operating permit must meet the applicable requirements of Part B.

III.B.3. Reserved.

III.B.4. Reserved.

III.B.5. All other major sources existing on January 1, 1995 shall submit their operating permit applications unless otherwise notified by the Division.

III.B.6. Each source subject to an operating permit shall submit an application for renewal of the operating permit at least twelve months, but not more than eighteen months, prior to the expiration of the operating permit. All of the provisions governing the application for and issuance of operating permits are applicable to applications for renewal of operating permits, except that an application for permit renewal may address only those portions of the permit that require revision, supplementing, or deletion, incorporating the remaining permit terms by reference from the previous permit. A copy of any materials incorporated by reference must be included with the application. The Division may choose to issue a draft renewal or proposed renewal permit specifying only those portions that will be revised, supplemented, or deleted, incorporating the remaining permit terms by reference. All requirements for compliance plans, compliance schedules and compliance certifications found in Sections III.B.7., III.B.8., and III.C.8. through III.C.13. of this Part C, are applicable to the entire operating permit upon renewal.

III.B.7. A source required to obtain a construction permit pursuant to Part B of this Regulation Number 3 may submit an application for a combined construction permit and operating permit on a standard application form supplied by the Division prior to commencing construction, modification, installation or commencement of any activities or operations for which a construction permit is required pursuant to Part B. In accordance with the provisions of Part B, a source applying for a combined construction/operating permit cannot construct before issuance of a permit.

III.B.8. Applications shall be signed by a responsible official who shall also sign the compliance certification on the application. The compliance certification shall include:

(a) a certification of compliance with all applicable requirements;

(b) a statement of methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods;

(c) a schedule for submission of compliance certifications during the permit term not less than annually, or more frequently as specified by the terms and conditions of the permit;

(d) a statement indicating the source's compliance status with any applicable compliance assurance monitoring and compliance certification requirements;

(e) if applicable to a source, a statement indicating the source has properly registered its risk management plan required pursuant to Section 112(r) of the Federal Act.

Compliance certifications for state only conditions shall be separate from compliance certifications required under the Federal Act, and shall only be required for sources of such state only conditions seeking the operational flexibility provisions of Sections X., XI., and XII. of this Part C. Sources seeking protection under the terms of the permit shield for such state only conditions, or sources of state only conditions are otherwise required to obtain an operating permit pursuant to the state Act.

III.B.9. Each application form, report and compliance certification submitted pursuant to this regulation shall contain a certification by a responsible official of the truth, accuracy and completeness of such form, report or certification stating that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete.

III.C. Complete applications

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 IV. of this Part C including, but not limited to:

III.C.1. Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and name of plant site manager/contact;

III.C.2. A description of the source's processes and products (by standard industrial classification code) including any associated with alternate scenarios identified by the source;

III.C.3. The following emission-related information:

III.C.3.a. All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under Section II.E. of this Part C, and all additional information related to the emissions of pollutants sufficient to verify which requirements are applicable to the source and other information necessary to collect any permit fees owed pursuant to Section VI. of Part A of this regulation;

III.C.3.b. Identification and description of all points of emissions described in Section III.C.3.a., in sufficient detail to establish the basis for fees and applicability of requirements of the Federal Act;

III.C.3.c. Emissions rate in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method;

III.C.3.d. The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules;

III.C.3.e. Identification and description of air pollution control equipment and compliance monitoring devices or activities;

III.C.3.f. Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated air pollutants at the source;

III.C.3.g. Other information required by any applicable requirement, including information related to stack height limitations developed pursuant to United States Code Title 42, Section 7423 (Part A, Section VIII. of this Regulation Number 3); and

III.C.3.h. Calculations on which the information required in Sections III.C.3.a. through III.C.3.g. are based.

III.C.4. The following air pollution control requirements:

III.C.4.a. Citation and description of all applicable requirements, and

III.C.4.b. Description of, or reference to, any applicable test method for determining compliance with each applicable requirement.

III.C.5. Other specific information that may be necessary to implement and enforce other applicable requirements of the Federal Act or of this Section III., or to determine the applicability of such requirements.

III.C.6. An explanation of any proposed exemptions from otherwise applicable requirements.

III.C.7. Additional information as determined to be necessary by the Division to define alternative operating scenarios identified by the source pursuant to Section IV.A. of Part A of this regulation, or to define permit terms and conditions implementing Section XII. of this Part C.

III.C.8. A compliance plan which contains:

(a) a description of the compliance status of the source with respect to all applicable requirements;

(b) for applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements;

(c) for applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis; and

(d) for requirements for which the source is not anticipated to be in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements.

III.C.9. A compliance schedule which contains:

(a) for applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements; or

(b) for applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy the provision, unless a more detailed schedule is expressly required by the applicable requirement; and

(c) a schedule of compliance for sources that are not anticipated to be in compliance at the time of permit issuance. This schedule shall include a schedule of enforceable remedial milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

III.C.10. A schedule for submission of progress reports no less frequently than every six months for sources required having a schedule of compliance to remedy a violation.

III.C.11. The compliance plan content requirements specified in this section shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Federal Act, Code of Federal Regulations Title 40, Part 72, with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.

III.C.12. Data necessary to allow the Division to determine whether the source complies with:

III.C.12.a. All applicable emission control regulations;

III.C.12.b. Applicable regulations for the control of hazardous air pollutants;

III.C.12.c. Requirements of the nonattainment and attainment programs, Sections V. and VI. of Part D of this regulation; and

III.C.12.d. Any applicable ambient air quality standards (for temporary sources and new or modified sources applying for a combined construction/operating permit only). When the data 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; and

III.C.12.e. All applicable regulations.

III.C.13. If Air Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant Emission Notice(s) must be submitted in accordance with Part A, Section II.

III.C.14. (State Only) A Division-verified environmental justice summary in accordance with Section III.B.5. of Part B of this Regulation Number 3.

III.C.14.a. Sources submitting operating permit applications for any of the following reasons are exempt from the requirement to include a verified environmental justice summary with the application:

III.C.14.a.(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.C.14.a.(ii) The application requests an overall decrease or no change in the annual emissions limits of each Affected Pollutant across the facility.

III.C.14.a.(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.

III.C.14.a.(ii)(A) The Disproportionately Impacted Community Layer of Colorado EnviroScreen incorporated into this regulation has not been updated to a new version since the construction permit application was submitted;

III.C.14.a.(ii)(B) The provisions of the construction permit are being incorporated into the operating permit.III.C.15. (State Only) For sources located in a Cumulatively Impacted Community, a source-specific monitoring plan in accordance with Section V.C.5.d. of Part C of this Regulation Number 3.

III.D. Operating Permit Renewal

In submitting an application for renewal of an operating permit issued under these regulations, a source may identify terms and conditions in its previous permit that remain unchanged and incorporate by reference those portions of its existing permit and the permit application and any permit amendments or modification applications that describe products, processes, operations, and emissions to which those terms and conditions apply. The source must identify specifically and list which portions of its previous permit and/or applications that are incorporated by reference. In addition, a renewal application must contain:

III.D.1. Information for those products, processes, operations, and emissions, in accordance with the provisions of this Part C, that:

III.D.1.a. Are not addressed in the existing permit;

III.D.1.b. Are subject to applicable requirements that are not addressed in the existing permit; or

III.D.1.c. Are permit terms and conditions that differ from those in the existing permit.

III.D.2. A compliance plan, schedule, and certification requirements for the entire permit in accordance with this Part C.

III.D.3. (State Only) A Division-verified environmental justice summary in accordance with Section III.B.5. of Part B of this Regulation Number 3 if a summary has not been submitted for the source in accordance with Section III.B.5. in the five years preceding the operating permit renewal application.

III.E. A major source may comply with this section through any one of the following methods:

III.E.1. The source may obtain a single permit for all relevant emission points located within a contiguous or adjacent area under common control (whether or not falling under the same two-digit standard industrialized code);

III.E.2. The source may obtain separate permits for separate emission points or groups of emission points, or

III.E.3. The Division may issue a permit covering one or more emission points eligible for coverage under a general permit and the source may obtain a separate permit or permits for emission points not eligible for such coverage.

III.F. The acid rain portions of permit applications shall be made on nationally standardized forms pursuant to regulation promulgated by the Administrator at Code of Federal Regulations Title 40, Part 72.

5 CCR 1001-5-C-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