5 Colo. Code Regs. § 1001-5-C-XI

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

Section 5 CCR 1001-5-C-XI - Procedures for Group Processing of Minor Permit Modification Applications

XI.A. Group processing of applications for modifications eligible for minor permit modification processing may be used only for those permit modifications that:

XI.A.1. Meet the requirements of Part C, Sections X.A.1. through X.A.6. for minor permit modification procedures; and

XI.A.2. That collectively is below the lowest threshold level as set forth:

XI.A.2.a. Ten percent of the emissions allowed by the permit for the emissions unit for which the change is requested; or

XI.A.2.b. Twenty percent of the applicable definition of major source; or

XI.A.2.c. Five tons per year, whichever is less.

XI.B. An application shall be filed with the Division for each change the source proposes to make, describing the change and the new emissions resulting from the change and notifying the Division that the source intends to request group processing of such minor modification applications in accordance with Section XI.C.4. An application for group processing of minor permit modifications shall be prepared on forms supplied by the Division.

XI.C. 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 (including any required ambient air impact analysis in accordance with Section VIII. of Part A of this regulation) required by the Division to evaluate the minor permit modification application and shall include the following:

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

XI.C.2. The sources suggested draft permit;

XI.C.3. Certification by a responsible official that the proposed modification meets the criteria for use of group processing procedures and a request that such procedures be used;

XI.C.4. A list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set under Sections XI.A.2.a. through XI.A.2.c. of this Part C;

XI.C.5. Certification by a responsible official that the source has notified the U.S. EPA of the proposed modification. Such notification need only contain a brief description of the requested modification;

XI.C.6. Copies of Air Pollutant Emission Notice(s) on file with the Division indicating production/process rates for which the operating permit is to be evaluated, or, 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. The Air Pollutant Emission Notice fee will not be charged for submission of copies of current Air Pollutant Emission Notice(s) previously filed with the Division.

XI.C.7. Completed forms for the permitting authority to use to notify the Administrator and affected states. Notice to affected states is not required for minor sources voluntarily applying for an operating permit to obtain the operational flexibility set forth in this Part C. Notice to affected states and the Administrator is not required for group processing of minor modifications involving state only conditions.

XI.C.8. As provided for in the state implementation plan, minor permit modifications made pursuant to this Section XI. will not trigger the procedural requirements otherwise applicable for modifications pursuant to Part B of this regulation.

XI.D. On a quarterly basis, or within five business days of receipt of an application demonstrating that the aggregate of a source's pending applications equals or exceeds the thresholds set forth in Section XI.A.2., whichever is earlier, the Division shall promptly notify the Administrator and affected states. A source shall only be allowed to aggregate its increased emissions caused by changes made in accordance with this Section XI. during each five-year permit term, except that any aggregation of emissions that equals or exceeds the thresholds set forth in Section A.2. shall trigger the procedural requirements set forth in this Section XI. All aggregation of emissions not addressed through the procedures set forth in this Section XI. shall be incorporated into the operating permit upon renewal.

The Division shall promptly notify the Administrator and any affected state of any refusal by the Division to accept all recommendations for the proposed revised permit under the group processing of minor permit modifications that the affected state submitted during its review period. The Division shall include in such notice the 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 Acts.

XI.E. Within one hundred and eighty calendar days of receipt of a complete application for group processing of minor permit modifications under this Section XI., or fifteen calendar days after the end of the Administrator's forty-five days' review period, whichever is later, the Division shall:

XI.E.1. Issue the minor permit modification as proposed;

XI.E.2. Deny the minor permit modification application;

XI.E.3. Determine that the requested modifications do not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or

XI.E.4. Revise the draft minor permit modification and transmit to the Administrator the new proposed minor permit modification.

XI.F. A source shall be allowed to make the changes proposed in its application for group processing of minor permit modifications 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 XI.E.1. through XI.E.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.

XI.G. The permit shield shall not extend to minor permit modifications made pursuant to the group processing procedures in this Section XI.

5 CCR 1001-5-C-XI

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