5 Colo. Code Regs. § 1001-5-D-I
Current through Register Vol. 48, No. 1, January 10, 2025
Section 5 CCR 1001-5-D-I - ApplicabilityI.A. General Applicability I.A.1. This Part D shall apply to any new or existing major stationary source. Any new major stationary source or major modification, to which the requirements of this Part D apply, shall not begin actual construction in a nonattainment, attainment, or unclassifiable area unless a permit has been issued containing all applicable state and federal requirements.I.A.2. Except as otherwise provided in Section XV. of this Part D, and consistent with the definition of major modification (Section II.A.23. of this part), a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases - a significant emissions increase (as defined in Section II.A.45. of this part), and a significant net emissions increase (as defined in Sections II.A.27. and II.A.44. of this part). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.I.A.3. The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being constructed or modified, according to Sections I.B.1. through I.B.3. of this part. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition of Net Emissions Increase (Section II.A.27. of this part). Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.I.B. Applicability Tests I.B.1. Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defined in Section II.A.38. of this part) and the baseline actual emissions (as defined in Sections II.A.4.a. and II.A.4.b. of this part, as applicable), for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in Section II.A.44. of this part).I.B.2. Actual-to-potential test for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in Section I.B.43. of Part A of this regulation) from each new emissions unit following completion of the project and the baseline actual emissions (as defined in Section II.A.4. of this part) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in Section II.A.44. of this part).I.B.3. Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the methods specified in Sections I.B.1. through I.B.3. of this part as applicable with respect to each type of emissions unit, equals or exceeds the significant amount for that pollutant (as defined in Section II.A.44. of this part).
I.B.4. An owner or operator of a major stationary source who conducts the actual-to-projected-actual test for a project that requires a minor permit modification in accordance with Section X. of Part C, requires a significant permit modification in accordance with Section I.A.3. of Part C, a modification as defined in Section I.B.33. of Part A or that requires a minor source permit under Part B shall submit a permit application including:I.B.4.a. All calculations and supporting documentation used to determine baseline actual emissions of each emissions unit affected by the project;I.B.4.b. All calculations and supporting documentation used to determine projected actual emissions of each existing emissions unit affected by the project;I.B.4.c. A determination of that portion of each existing unit's emissions following the project that the unit could have accommodated during the consecutive twenty-four-month period used to establish the baseline actual emissions and that are unrelated to the project, including any increased utilization due to product demand growth; and,I.B.4.d. Any other information requested by the Division that may be needed to determine if a major modification will occur at each emissions unit affected by the project. The information submitted in accordance with Section I.B.4.a. through I.B.4.d., shall be incorporated into an appendix to the major stationary source's Title V Operating permit or as a permit note in the construction permit. The requirement that the owner or operator of a major stationary source who conducts the actual-to-projected-actual test for a project that requires a minor permit modification submit information in accordance with Sections I.B.4.a. through I.B.4.d., as set out in this Section I.B.4., shall not be federally enforceable and shall not be incorporated into the state implementation plan.I.C. For any major stationary source requesting, or operating under, a Plant-wide Applicability Limitation (as defined in Section II.A.35.) for a regulated NSR pollutant, the major stationary source shall comply with the requirements of Section XV. of this part.37 CR 18, September 25, 2014, effective 10/15/201437 CR 24, December 25, 2014, effective 1/14/201539 CR 04, February 25, 2016, effective 3/16/201639 CR 21, November 10, 2016, effective 11/30/201641 CR 21, November 10, 2018, effective 11/30/201843 CR 02, January 25, 2020, effective 2/14/202044 CR 02, January 25, 2021, effective 2/14/202146 CR 02, January 25, 2022, effective 2/14/202346 CR 12, June 25, 2023, effective 7/15/202347 CR 06, March 25, 2024, effective 4/15/202447 CR 12, June 25, 2024, effective 7/15/2024