5 Colo. Code Regs. § 1001-27-A-II

Current through Register Vol. 47, No. 18, September 25, 2024

Section 5 CCR 1001-27-A-II - Definitions

II.A. "Adverse Impact on Visibility" means visibility impairment that interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with (1) times of visitor use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas.

II.B. "Area Classifications" mean

II.B.1. Class I areas (may not be redesignated)

II.B.1.a. National Parks

II.B.1.a.(i) Rocky Mountain

II.B.1.a.(ii) Mesa Verde

II.B.1.b. National Wilderness Areas

II.B.1.b.(i) Black Canyon of the Gunnison

II.B.1.b.(ii) Eagle's Nest

II.B.1.b.(iii) Flattops

II.B.1.b.(iv) Great Sand Dunes

II.B.1.b.(v) La Garita

II.B.1.b.(vi) Maroon Bells- Snowmass

II.B.1.b.(vii) Mount Zirkel

II.B.1.b.(viii) Rawah

II.B.1.b.(ix) Weminuche

II.B.1.b.(x) West Elk

II.B.2. All other areas of Colorado, unless otherwise specified by Act of Congress or the Colorado legislature, or the Commission pursuant to Regulation Number 3, Part D, Section IX. are designated Class II; provided, however that in the following areas as they existed on August 7, 1977 (maps available from the Division), the increase allowed in sulfur dioxide concentrations over the baseline concentration shall be the same as the increase established by Section 163(b) of the Federal Act for Class I areas, except that such allowable increases may not be allowed if a Federal Land Manager should make an adverse impact determination under Regulation Number 3, Part D, Section XIII.C. with which the Division concurs and except that such allowable increases, may be exceeded by compliance with the provisions of Regulation Number 3, Part D, Sections XIII.D., XIII.E., or XIII.F.:

II.B.2.a. National Monuments

II.B.2.a.(i) Florissant Fossil Beds

II.B.2.a.(ii) Colorado

II.B.2.a.(iii) Dinosaur

II.B.2.a.(iv) Great Sand Dunes (those portions not included as National Wilderness Areas in Section II.B.1.b.)

II.B.2.b. Forest Service Primitive Areas

II.B.2.b.(i) Uncompahgre Mountain

II.B.2.b.(ii) Wilson Mountain

II.B.2.c. Lands administered by the Federal Bureau of Land Management in the Gunnison Gorge Recreation Area as of October 27, 1977. All areas designated Class II under this section may be redesignated as provided in Regulation Number 3, Part D, Section IX.

II.B.2.d. National Parks: Black Canyon of the Gunnison (those portions not included as National Wilderness Areas in Section II.B.1.b.)

II.B.3. The following areas may be redesignated only as Class I or II.

II.B.3.a. An area that exceeds ten thousand acres in size and is a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore; and

II.B.3.b. A national park or national wilderness area established after August 7, 1977, that exceeds ten thousand acres in size.

II.B.4. The Commission recognizes out of state Class I areas that have been listed in the Federal Register (44 Fed. Reg. 69124). Emissions from sources in Colorado must not violate any standard in these areas.

II.C. "Available Technology" means that a technology is licensed and available through commercial sales.

II.D. "Applicable Technology" means a commercially available control option that has been or may soon be deployed on the same or a similar source type or a technology that has been used on a pollutant-bearing gas stream that is the same or similar to the gas stream characteristics of the source.

II.E. "Average Cost Effectiveness" means the total annualized costs of control divided by annual emissions reductions (the difference between baseline annual emissions and the estimate of emissions after controls). For the purposes of calculating average cost effectiveness, baseline annual emissions mean a realistic depiction of anticipated annual emissions for the source. The source or the Division may use state or federally enforceable permit limits or estimate the anticipated annual emissions based upon actual emissions from a representative baseline period.

II.F. "BART Alternative" means an alternative measure to the installation, operation, and maintenance of BART that will achieve greater reasonable progress toward national visibility goals than would have resulted from the installation, operation, and maintenance of BART at BART-eligible sources within industry source categories subject to BART requirements.

II.G. "BART Alternative Program Unit" means any unit subject to a Regional Haze emission limit contained in the Table in Regulation Number 23, Section IV.C.

II.H. "BART-Eligible Source" means an existing stationary facility as defined in Section II.M.

II.I. "BART Unit" means any unit subject to a Regional Haze emission limit contained in the Table in Regulation Number 23, Section IV.A.

II.J. "Best Available Retrofit Technology (BART)" means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source or unit, the remaining useful life of the source or unit, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.

II.K. "Continuous Emission Monitoring System" or "CEMS" means the equipment required by Regulation Number 23, Section VII., to sample, analyze, measure, and provide (using an automated data acquisition and handling system (DAHS)), a permanent record of SO2 or NOx emissions, other pollutant emissions, diluents, or stack gas volumetric flow rate.

II.L. "Deciview" means a measurement of visibility impairment. A deciview is a haze index derived from calculated light extinction, such that uniform changes in haziness correspond to uniform incremental changes in perception across the entire range of conditions, from pristine to highly impaired. The deciview haze index is calculated based on the following equation (for the purposes of calculating deciview, the atmospheric light extinction coefficient must be calculated from aerosol measurements):

Deciview haze index=10 lne (bext/10 Mm^-1) Where bext= the atmospheric light extinction coefficient, expressed in inverse megameters (Mm^-1).

II.M. "Existing Stationary Facility" means any of the following stationary sources of air pollutants, including any reconstructed source, which was not in operation prior to August 7, 1962, and was in existence on August 7, 1977, and has the potential to emit 250 tons per year or more of any visibility impairing air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable, must be counted.

II.M.1. Fossil-fuel fired steam electric plants of more than 250 million British thermal units (BTU) per hour heat input that generate electricity for sale.

II.M.1.a. Boiler capacities shall be aggregated to determine the heat input of a plant.

II.M.1.b. Includes plants that co-generate steam and electricity and combined cycle turbines.

II.M.2. Coal cleaning plants (thermal dryers).

II.M.3. Kraft pulp mills.

II.M.4. Portland cement plants.

II.M.5. Primary zinc smelters.

II.M.6. Iron and steel mill plants.

II.M.7. Primary aluminum ore reduction plants.

II.M.8. Primary copper smelters.

II.M.9. Municipal incinerators capable of charging more than 250 tons of refuse per day.

II.M.10. Hydrofluoric, sulfuric, and nitric acid plants.

II.M.11. Petroleum refineries.

II.M.12. Lime plants.

II.M.13. Phosphate rock processing plants, including all types of phosphate rock processing facilities, including elemental phosphorous plants as well as fertilizer production plants.

II.M.14. Coke oven batteries.

II.M.15. Sulfur recovery plants.

II.M.16. Carbon black plants (furnace process).

II.M.17. Primary lead smelters.

II.M.18. Fuel conversion plants.

II.M.19. Sintering plants.

II.M.20. Secondary metal production facilities, including nonferrous metal facilities included within Standard Industrial Classification code 3341, and secondary ferrous metal facilities in the category ''iron and steel mill plants.''

II.M.21. Chemical process plants, including those facilities within the 2-digit Standard Industrial Classification 28, including pharmaceutical manufacturing facilities.

II.M.22. Fossil-fuel boilers of more than 250 million BTUs per hour heat input.

II.M.22.a. Individual boilers greater than 250 million BTU/hr, considering federally enforceable operational limits.

II.M.22.b. Includes multi-fuel boilers that burn at least fifty percent fossil fuels.

II.M.23. Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels.

II.M.23.a. 300,000 barrels refers to total facility-wide tank capacity for tanks put in place after August 7, 1962 and in existence on August 7, 1977.

II.M.23.b. Includes gasoline and other petroleum-derived liquids.

II.M.24. Taconite ore processing facilities.

II.M.25. Glass fiber processing plants.

II.M.26. Charcoal production facilities, including charcoal briquette manufacturing and activated carbon production.

II.N. "Incremental Cost Effectiveness" means the comparison of the costs and emissions performance level of a control option to those of the next most stringent option, as shown in the following formula:

Incremental Cost Effectiveness (dollars per incremental ton removed) = [(Total annualized costs of control option)- (Total annualized costs of next control option)] ÷ [(Next Control option annual emissions)- (control option annual emissions)]

II.O. "In Existence" means that the owner or operator has obtained all necessary preconstruction approvals or permits required by Federal, State, or local air pollution emissions and air quality laws or regulations and either has (1) begun, or caused to begin, a continuous program of physical on-site construction of the facility or (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed in a reasonable time.

II.P. "In Operation" means engaged in activity related to the primary design function of the source.

II.Q. "Integral Vista" means a view perceived from within the mandatory Class I Federal area of a specific landmark or panorama located outside the boundary of the mandatory Class I Federal area.

II.R. "Natural Conditions" means naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration.

II.S. "Operating Day" means any twenty-four-hour period between midnight and the following midnight during which any fuel is combusted at any time in a BART unit, BART alternative program unit, or reasonable progress unit.

II.T. "Plant" means all emissions units at a stationary source.

II.U. "Reasonable Progress unit" or "RP unit" means any unit subject to a Regional Haze emission limit contained in the Table in Regulation Number 23, Section IV.B.

II.V. "Regional Haze emission limit" means any of the emission limits specified in the tables contained in Regulation Number 23, Section IV.

II.W. "Visibility-Impairing Air Pollutant" includes the following

II.W.1. Sulfur dioxide (SO2).

II.W.2. Nitrogen oxides (NOx).

II.W.3. Particulate matter. (PM10 will be used as the indicator for particulate matter. Emissions of PM10 include the components of PM2.5 as a subset.).

5 CCR 1001-27-A-II

44 CR 02, January 25, 2021, effective 2/14/2021

45 CR 01, January 10, 2022, effective 1/30/2022