5 Colo. Code Regs. § 1001-5-C-X

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

Section 5 CCR 1001-5-C-X - Minor Permit Modification Procedures

X.A. Minor permit modification procedures may be used only for those permit modifications that:

X.A.1. Do not violate any applicable requirement;

X.A.2. Do not involve significant changes to existing monitoring, reporting, or record keeping requirements in a permit;

X.A.3. Do not require or change a case-by-case determination of an emission limitation or other standard or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

X.A.4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include:

X.A.4.a. A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Federal Act, including but not limited to modifications under Part 2 of the state Act (prevention of significant deterioration), Part 3 of the state Act (attainment), or New Source Performance Standards (Regulation Number 6);

X.A.4.b. An alternative emissions limit approved pursuant to regulations promulgated under Colorado Revised Statute Section 25-7-109.3 or Section 112(i)(5) of the federal Act (Regulation Number 8);

X.A.5. Are excepted from the definition of permit modification in Section I.A.3. of Part C.

X.A.6. Are not otherwise required by the Division to be processed as a significant modification.

X.B. Notwithstanding Sections X.A.5.and XI. (group processing criteria), minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other approved approaches, to the extent that such minor permit modification procedures are otherwise provided for in the state implementation plan promulgated pursuant to the state Act.

X.C. An application for a minor permit modification shall be prepared on forms supplied by the Division.

X.D. Applications shall meet the requirements of an application for an operating permit as set forth in Commission Regulation Number 3, Part C, Section III., and be signed by a responsible official. The applicant shall furnish all information and data required by the Division to evaluate the minor permit modification application, and shall include the following:

X.D.1. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

X.D.2. The sources suggested draft permit;

X.D.3. Certification by a responsible official that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and

X.D.4. Completed forms supplied by the Division for the Division to use to notify the Administrator and affected states.

X.D.5. Data necessary to allow the Division to determine whether the source complies with:

X.D.5.a. All applicable emission control regulations;

X.D.5.b. Applicable regulations for the control of hazardous air pollutants;

X.D.5.c. Requirements of the nonattainment and attainment programs (Sections V. and VI. of Part D of this regulation); and

X.D.5.d. Any applicable ambient air quality standards and all applicable regulations. When the data includes modeling, the model used shall be an appropriate one given the topography, meteorology, and other characteristics of the region, which the source will impact.

X.D.6. If Air Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant Emission Notice(s) shall be submitted in accordance with Part A, Section II.

X.E. An application for a minor permit modification will not be deemed to be complete until all information and data (including any required ambient air impact analysis in accordance with Section VIII. of Part A) required to evaluate the application have been submitted to the Division.

X.F. Within five working days of receipt of a complete minor permit modification application, the Division shall send a copy of the notice completed pursuant to Section X.D.4., to the Administrator.

X.G. Within five working days of receipt of a complete minor permit modification application, the Division shall send a copy of the notice completed pursuant to Section X.D.4., to affected states. Notice to affected states shall not be required for minor sources that voluntarily apply for an operating permit to obtain the operational flexibility set forth in this Part C. The Division shall notify the Administrator and any affected state of any refusal by the Division to accept all recommendations for the proposed revised permit under the minor permit modification procedures that the affected state submitted during its review period. The Division shall include in such notice its reasons for not accepting any such recommendation. The Division is not required to accept recommendations that are not based on applicable requirements under the state or Federal Act. Notice to affected states and to the Administrator is not required for minor modifications involving state only conditions.

X.H. Within ninety calendar days of receipt of a complete application for minor permit modification, or fifteen calendar days after the end of the Administrator's forty-five-day review period, whichever is later, the Division shall:

X.H.1. Issue the minor permit modification as proposed;

X.H.2. Deny the minor permit modification application;

X.H.3. Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or

X.H.4. Revise the draft minor permit modification and transmit to the Administrator the new proposed minor permit modification as required in this Regulation Number 3, Part C, Section V.B.5.

X.I. A source shall be allowed to make the changes proposed in its application for minor permit modification immediately after it files such application. If the source elects to make such changes, and until the Division issues its final determination in accordance with Sections X.H.1. through X.H.4., the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time, the source does not need to comply with existing permit terms and conditions it seeks to modify, but if the source fails to comply with its proposed permit terms and conditions during this period, the existing permit terms and conditions it seeks to modify shall be fully enforceable by the Division.

X.J. The permit shield shall not extend to minor permit modifications.

X.K. A permit modification for purposes of the acid rain portion of a permit shall be governed by regulations promulgated under Title IV of the Federal Act, found at Code of Federal Regulations Title 40, Part 72.

5 CCR 1001-5-C-X

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