5 Colo. Code Regs. § 1001-28-A-II

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

Section 5 CCR 1001-28-A-II - General Provisions

II.A. Definitions

II.A.1. "8-Hour Ozone Control Area" means the Counties of Adams, Arapahoe, Boulder (includes part of Rocky Mountain National Park), Douglas, and Jefferson; the Cities and Counties of Denver and Broomfield; and the following portions of the Counties of Larimer and Weld:

II.A.1.a. For Larimer County (includes part of Rocky Mountain National Park), that portion of the county that lies south of a line described as follows: Beginning at a point on Larimer County's eastern boundary and Weld County's western boundary intersected by 40 degrees, 42 minutes, and 47.1 seconds north latitude, proceed west to a point defined by the intersection of 40 degrees, 42 minutes, 47.1 seconds north latitude and 105 degrees, 29 minutes, and 40.0 seconds west longitude, thence proceed south on 105 degrees, 29 minutes, 40.0 seconds west longitude to the intersection with 40 degrees, 33 minutes and 17.4 seconds north latitude, thence proceed west on 40 degrees, 33 minutes, 17.4 seconds north latitude until this line intersects Larimer County's western boundary and Grand County's eastern boundary.

II.A.1.b. For Weld County, that portion of the county that lies south of a line described as follows: Beginning at a point on Weld County's eastern boundary and Logan County's western boundary intersected by 40 degrees, 42 minutes, 47.1 seconds north latitude, proceed west on 40 degrees, 42 minutes, 47.1 seconds north latitude until this line intersects Weld County's western boundary and Larimer County's eastern boundary.

II.A.2. "Denver 1-Hour Ozone Attainment/Maintenance Area" means the Counties of Jefferson and Douglas, the Cities and Counties of Denver and Broomfield, Boulder County (excluding Rocky Mountain National Park), Adams County west of Kiowa Creek, and Arapahoe County west of Kiowa Creek.

II.A.3. "Capture System" means the equipment used to contain, capture, or transport a pollutant to a control device.

II.A.4. "Capture System Efficiency (vapor gathering system efficiency)" means the percent by weight of VOC emitted by an operation subject to this regulation, which is captured by the capture system and sent to the control device; i.e., (mass flow of VOC captured)/(mass flow of VOC emitted by the operation) x 100%.

II.A.5. "Carbon Adsorption System" means a device containing adsorbent material, an inlet and outlet for exhaust gases and a system to regenerate the saturated adsorbent.

II.A.6. "Condenser" means any heat transfer device used to liquefy vapors by removing their latent heats of vaporization. Such devices include, but are not limited to, shell and tube, coil, surface, or contact condensers.

II.A.7. "Control Device" means a carbon adsorber, refrigeration system, condenser, flare, firebox or other device, which will reduce the concentration of VOC in a gas stream by adsorption, combustion, condensation, or other means of removal.

II.A.8. "Control Device Efficiency" means the percent removal by weight of VOC by a control device; i.e., (mass flow of VOC into control device- mass flow of VOC out of control device)/(mass flow of VOC into control device) x 100%.

II.A.9. "Gasoline" means a petroleum distillate having a Reid vapor pressure between 208 and 1040 torr (4-20 psi), which is used as fuel for internal combustion engines.

II.A.10. "Highly Volatile Organic Compound" is defined as a Volatile Organic Compound or mixture of such compounds with a true vapor pressure in excess of 570 torr (11 psia) at 20 C.

II.A.11. "Organic Material" means a chemical compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.

II.A.12. (State Only) "Ozone Nonattainment Area" means any area designated as not in attainment with the ozone National Ambient Air Quality Standard as determined by the Environmental Protection Agency.

II.A.13. "Northern Weld County" means the portion of the county that does not lie south of a line described as follows: Beginning at a point on Weld County's eastern boundary and Logan County's western boundary intersected by 40 degrees, 42 minutes, 47.1 seconds north latitude, proceed west on 40 degrees, 42 minutes, 47.1 seconds north latitude until this line intersects Weld County's western boundary and Larimer County's eastern boundary.

II.A.14. "Petroleum Refinery" means any facility engaged in producing gasoline, aromatics, kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products through distillation of petroleum or through redistillation, cracking, rearrangement or reforming of unfinished petroleum derivatives.

II.A.15. "Reid Vapor Pressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids except liquefied petroleum gases as determined by the American Society for Testing and Materials, Part 17, 1973, D-323-72 (Reapproved 1977).

II.A.16. "True Vapor Pressure" means the equilibrium partial pressure exerted by petroleum (or other) liquid. This may be determined by the methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss from Floating Roof Tanks," 1962.

II.A.17. "Vapor Recovery System" means a system that prevents release to the atmosphere of organic compounds emitted during the operation of any transfer, storage, or processing equipment.

II.A.18. "Volatile Organic Compound (VOC)" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions, except those listed in Section II.B. as having negligible photochemical reactivity. VOC may be measured by a reference method, an equivalent method, an alternative method, or by procedures specified under 40 CFR Part 60 (July 1, 2022). A reference method, an equivalent method, or an alternative method, however, may also measure nonreactive organic compounds. In such cases, an owner or operator may exclude the compounds listed in Section II.B. when determining compliance with a standard if the amount of such compounds is accurately quantified, and such exclusion is approved by the Division. As a precondition to excluding such compounds as VOC, or at any time thereafter, the Division may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the Division, the amount of negligible-reactive compounds in the source's emissions.

II.B. Exemptions

Emissions of the organic compounds listed as having negligible photochemical reactivity in the common provisions definition of Negligibly Reactive Volatile Organic Compound are exempt from the provisions of this regulation.

II.C. General Emission Limitation

II.C.1. Existing Sources located in the 1-hour ozone nonattainment or attainment maintenance area or the 8-Hour Ozone Control Area

II.C.1.a. All existing sources shall comply with the requirements set forth in this regulation.

II.C.1.a.(i) Existing sources of VOC which are not subject to specific emission limitations set forth in this regulation, and which have the potential to emit 100 tons per year or more of VOC, shall utilize Reasonably Available Control Technology (RACT).

II.C.1.a.(ii) The potential to emit of such sources shall be based on design capacity or maximum production rate, whichever is greater, 8,760 hours'/year operation, and before add-on controls.

II.C.1.a.(iii) Owners or operators of such sources with potential emissions of 100 tons per year or more, but with actual emissions less than 100 tons per year may obtain a federally enforceable permit limiting emissions to actual rates by restricting production capacity or hours of operation, thus avoiding RACT requirements.

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.

II.C.1.a.(iv) Such sources with potential emissions of 100 tons per year or more but with actual emissions of less than 50 tons per year, on a rolling 12-month total, may avoid RACT and permit requirements if the following requirements are met:

II.C.1.a.(iv)(A) The owner or operator shall submit revised Air Pollutant Emission Notices (APENs) by April 1 of each year, which demonstrate that the 50 tons per year threshold has not been exceeded.

II.C.1.a.(iv)(B) The owner or operator shall maintain records on site which include monthly VOC use and monthly VOC emissions. The records shall include calculation of total emissions for each rolling 12-month period. The records shall be made available to the Division for inspection upon request.

II.C.1.a.(v) (State Only) Existing sources that are modified- undergo any physical change, or changed in the method of operation of a stationary source which increase VOC or NOx emissions- on or after March 30, 2008, shall utilize RACT control technologies pursuant to Regulation Number 7, Number 24, Number 25, and Number 26 and Regulation Number 3, Part B, Section III.D.2. upon recommencing operation.

II.C.1.b. Provided however, that no existing source of VOC emissions employing emission controls on or within the six-month period preceding the effective date of this regulation may reduce its level of control of VOC emissions below that level of control actually achieved, even though such source may otherwise be subject to less stringent control requirements, except that no existing source shall be required to control emissions to an extent greater than that level of control which RACT would achieve.

II.C.1.c. (State Only) Existing sources with potential emissions equal to or greater than 100 tons per year of volatile organic compound emissions shall submit a permit modification application that includes a revised APEN (or APENs) and a RACT analysis, to the Division, as follows:

II.C.1.c.(i) (State Only) By October 30, 1991 if located in what was previously designated as the Denver 1-hour ozone nonattainment or attainment maintenance area; or

II.C.1.c.(ii) (State Only) By April 30, 2009 or within one year after the date on which the area is first designated as being in nonattainment for ozone, whichever comes later, if they are located in the 8hour Ozone Control Area and outside of the Denver 1-hour ozone nonattainment or attainment maintenance area.

II.C.1.d. (State Only) Existing sources shall utilize RACT pursuant to Regulation Number 7, Number 24, Number 25, and Number 26 and Regulation Number 3, Part B, Section III.D.2. by whichever date comes later:

II.C.1.d.(i) (State Only) October 30, 1991, if they are located in what was previously designated as the Denver 1-hour ozone nonattainment or attainment maintenance area;

II.C.1.d.(ii) (State Only) November 21, 2011, if they are located in the 8-hour Ozone Control Area, and outside of the Denver 1-hour ozone nonattainment or attainment maintenance area;

II.C.1.d.(iii) (State Only) Three years after the date on which the area is first designated as being in nonattainment for ozone; or

II.C.1.d.(iv) (State Only) Two years after Division determination of case-by-case RACT pursuant to this Section II.C.1. The Division shall be deemed to have approved the RACT analysis for purposes of this Section II.C.1.d.(iv) if it does not object after eighteen months from having received a complete permit application.

II.C.2. New Sources

All new sources shall utilize controls representing RACT, pursuant to Regulation Number 7, Number 24, Number 25, and Number 26 and Regulation Number 3, Part B, Section III.D., upon commencement of operation.

II.D. Alternative Control Plans and Test Methods

II.D.1. Sources subject to specific requirements of this regulation shall submit for approval as a revision to the State Implementation Plan:

II.D.1.a. Any alternative emission control plan or compliance method other than control options specifically allowed in the applicable regulation. Such alternative control plans shall provide control equal to or greater than the emission control or reduction required by the regulation, unless the source contends that the control level required by the regulation does not represent RACT for their specific source.

II.D.1.b. Any alternative test method or procedure not specifically allowed in the applicable regulation.

II.D.2. No alternative submitted pursuant to this Section II.D. is effective until the alternative is approved as a revision to the State Implementation Plan.

II.E. REPEALED

II.F. Provisions for Specific Processes

II.F.1. The Gates Rubber Company Provision- REPEALED

5 CCR 1001-28-A-II

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