5 Colo. Code Regs. § 1001-28-A-I

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-28-A-I - Applicability

I.A.

I.A.1. The provisions of this regulation shall apply as follows:

I.A.1.a. All provisions of this regulation apply to the Denver 1-hour ozone attainment/maintenance area, to any nonattainment area for the 1-hour ozone standard, to the 8-hour Ozone Control Area, and to northern Weld County.

I.A.1.b. (State Only) All provisions of this regulation apply to any ozone nonattainment area, which includes areas designated nonattainment for either the 1-hour or 8hour ozone standard, unless otherwise specified in Section I.A.1.c. Colorado's ozone nonattainment or attainment maintenance area maps and chronologies of attainment status are identified in Appendix A of this regulation.

I.A.1.c. The provisions of Part B, Sections III., IV.B.1. and IV.B.2., and V.C. apply statewide. The provisions marked by (State Only) are not federally enforceable, unless otherwise identified.

I.A.2. REPEALED

I.A.3. REPEALED

I.B. Sources

I.B.1. New Sources

I.B.1.a. New sources, defined as any sources located in the 1-hour ozone nonattainment area or attainment maintenance area, which either (1) submit a complete permit application on or after October 30, 1989, or (2) if no permit is required, commence operation on or after October 30, 1989, must comply with the provisions of this regulation upon commencement of operation.

I.B.1.b. (State Only) New sources are any sources which commenced construction on or after the date on which the area is first designated as being in nonattainment for ozone and are located in that area, or, if located in the 1-hour ozone nonattainment or attainment maintenance area, by October 30, 1989. New sources shall comply with the requirements of this regulation by whichever date comes later:

I.B.1.b.(i) (State Only) October 30, 1989, if they are located in what was previously designated as a 1-hour ozone nonattainment or attainment maintenance area;

I.B.1.b.(ii) (State Only) February 1, 2009, if they are located in an 8-Hour Ozone Control Area and outside of the 1-hour ozone nonattainment or attainment maintenance area; or

I.B.1.b.(iii) (State Only) Upon commencement of operation, if located within an ozone nonattainment or attainment maintenance area.

I.B.2. Existing Sources

I.B.2.a. Existing sources are

I.B.2.a.(i) (1) those sources for which a complete permit application was submitted prior to October 30, 1989, or (2) those sources, which commenced operation prior to October 30, 1989, if they are located in the 1-hour ozone nonattainment or attainment maintenance area.

I.B.2.a.(ii) Those sources that submitted a complete permit application or that commenced operation prior to February 1, 2009, if they are located in the 8-Hour Ozone Control Area and outside of the 1hour ozone nonattainment or attainment maintenance area.

I.B.2.a.(iii) Those sources located in northern Weld County that submitted a complete application or that commenced operation prior to February 14, 2023.

I.B.2.b. (State Only) Existing sources located in the 1-hour ozone nonattainment or attainment maintenance area are those sources which commenced construction prior to the date on which the area is first designated as being in nonattainment for ozone and are located in that area, or, if located in the 1-hour ozone nonattainment or attainment maintenance area, by October 30, 1989.

I.B.2.c. Existing sources located in the 1-hour ozone nonattainment or attainment maintenance area shall not be required to comply with requirements of this regulation until on and after October 30, 1991. All existing sources shall comply with the requirements set forth in Exhibit A until October 30, 1991.

I.B.2.d. Existing sources shall be required to comply with requirements of this regulation by the following dates.

I.B.2.d.(i) (State Only) October 30, 1989, if they are located in what was previously designated as a 1-hour ozone nonattainment or attainment maintenance area;

I.B.2.d.(ii) (State Only) February 1, 2009, if they are located in an 8-hour Ozone Control Area and outside of the Denver 1-hour ozone nonattainment or attainment maintenance area;

I.B.2.d.(iii) February 14, 2023, if located in northern Weld County and subject to requirements in Part B, Sections III., IV.B.1., IV.B.2., or V.C.

I.B.2.d.(iv) December 31, 2024, if located in northern Weld County and not subject to requirements in Part B, Sections III., IV.B.1., IV.B.2., or V.C.; or

I.B.2.d.(v) (State Only) Three years after the date on which the area is first designated as being in nonattainment for ozone, if located within that ozone nonattainment or attainment maintenance area.

I.B.2.e. On and after October 30, 1991, all existing sources located in the 1-hour ozone nonattainment or attainment maintenance area shall comply with the requirements of this regulation, and Exhibit A shall no longer be applicable.

I.B.2.f. Repealed.

I.B.2.g. Repealed.

I.C. Once a source subject to this regulation exceeds an applicable threshold limit, the requirements of this regulation are irrevocably effective unless the source obtains a federally enforceable permit limiting emissions to levels below the threshold limit by restricting production capacity or hours of operation.

I.D. The owner or operator of a source not required to obtain a permit by provisions of law other than this section may apply for and shall be required to accept a permit as a condition of avoiding RACT requirements. Such permits shall contain only those conditions necessary to ensure the enforcement of the production capacity or hours of operation.

5 CCR 1001-28-A-I

46 CR 10, May 25, 2023, effective 6/14/2023