5 Colo. Code Regs. § 1001-30-B-IV

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

Section 5 CCR 1001-30-B-IV - Control of Emissions from Breweries in the 8-hour Ozone Control Area

IV.A. Requirements for Brewing Operations

IV.A.1. Applicability

Except as provided in Section IV.A.2., the requirements of Section IV. apply to owners or operators of breweries that existed at a major source of VOC (greater than or equal to 100 tpy VOC) as of June 3, 2016, located in the 8-hour Ozone Control Area.

IV.A.2. Exemptions

The following emissions units are exempt from Sections IV.A.4. through IV.A.7. but must be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Owners or operators must also maintain records necessary to demonstrate than an exemption applies and make such records available to the Division upon request.

Once an emissions unit at a brewery no longer qualifies for an exemption, the owner or operator must comply with the applicable requirements of Sections IV.A.4. through IV.A.7. as expeditiously as practicable but no later than twelve (12) months after the exemption no longer applies, except as specified in Sections IV.A.2.c. and IV.A.2.d.

IV.A.2.a. An emissions unit subject to a work practice or emission control requirement in another federally enforceable section of Regulation Number 7, Number 24, Number 25, and Number 26.

IV.A.2.b. An emissions unit with total uncontrolled actual emissions less than two (2) tons per year VOC on a calendar year basis.

IV.A.2.c. Equipment or activities related to research and development. Research and development ends when the product is sold or offered for sale.

IV.A.2.d. Newly installed, upgraded, or replaced packaging operations for a duration of six months after startup.

IV.A.3. Definitions

IV.A.3.a. "Brewery" means a source that produces malt beverage and is comprised of emissions units related to brewhouse operations, fermentation, aging or secondary fermentation, and/or packaging operations.

IV.A.3.b. "Packaging operation" means the canning, bottling, or filling of malt beverages into a container. Packaging operations include keg filling. Packaging operations do not include the railcar loading and unloading of beer concentrate shipped off-site for packing.

IV.A.3.c. "Pilot brewery operation" means an operation where total packaging operations are less than 50,000 barrels per year.

IV.A.3.d. "Process loss" means the difference between the quantity of malt beverage sent to packaging and the quantity of malt beverage packaged into a container. Process loss does not include malt beverage in filled containers if the malt beverage is processed after filling to remove or recover ethanol.

IV.A.4. Emission limitations. By May 1, 2019, no owner or operator of a brewery may exceed an average of 6 percent process loss across all packaging operations in a calendar month and 4 percent process loss on a 12-month rolling average during packaging operations.

IV.A.5. Packaging operation work practices

IV.A.5.a. The owner or operator must develop performance objectives and metrics for each packaging operation to reduce spillage and process loss. Process loss records must be summarized annually and compared to performance objectives established by the owner or operator. Process loss records and summaries must be made available to the Division upon request.

IV.A.5.b. The owner or operator must develop and implement an operator training program for employees engaged in packaging operations to understand the operation of the filling lines and minimize breakdowns, spillage, and process loss. The operator training materials must be made available to the Division upon request. At a minimum, the training program must include:

IV.A.5.b.(i) A brewery training manager, coordinator, or equivalent;

IV.A.5.b.(ii) Written standard operating procedures for packaging operations;

IV.A.5.b.(iii) A requirement that initial training be conducted for employees performing packaging operations and more frequently for the following:

IV.A.5.b.(iii)(A) Employees changing packaging operation responsibilities; and

IV.A.5.b.(iii)(B) Startup of new, upgraded, or replaced packaging operations.

IV.A.5.c. The owner or operator must use and maintain packaging operation equipment to reduce container breakage and process loss. For packaging operations, except at pilot brewery operations, this includes, but is not limited to:

IV.A.5.c.(i) Using and maintaining automated filling equipment according to manufacturer recommended procedures or good engineering practices;

IV.A.5.c.(ii) Installing and operating fill level detectors to monitor the liquid fill levels in containers;

IV.A.5.c.(ii) Installing and operating crown inspectors to monitor the condition of crowns and/or caps applied to bottles, if applicable; and

IV.A.5.c.(iv) Utilizing methods to reduce container damage and spillage. This includes, but is not limited to, installing and operating container handling equipment, including smooth glide rails, lubricated conveyors, and variable speed equipment drives.

IV.A.5.d. The owner or operator of pilot brewery operations must use and maintain packaging operation equipment to reduce container breakage and process loss. This includes, but is not limited to:

IV.A.5.d.(i) Maintaining filling equipment according to manufacturer recommended procedures or good engineering practices;

IV.A.5.d.(ii) Monitoring the liquid fill levels in containers; and

IV.A.5.d.(iii) Utilizing methods to reduce container damage and spillage. This includes, but is not limited to, installing and operating container handling equipment, including smooth glide rails, lubricated conveyors, and variable speed equipment drives.

IV.A.6. Wastewater management and treatment. Owners or operators employing microbial and vegetative destruction of VOCs through the land application of wastewater must ensure that the areas where wastewater is applied are areas covered with vegetation at all times when wastewater is applied, except as required following tilling and seeding for crop rotation and field work per standard agricultural practices.

IV.A.7. Recordkeeping

The following records must be kept for a period of five (5) years and made available to the Division upon request:

IV.A.7.a. Monthly records of the percent process loss for packaging operations;

IV.A.7.b. Records necessary to demonstrate compliance with the packaging operation work practice requirements in Section IV.A.5.; and

IV.A.7.c. If applicable, pursuant to Section IV.A.6., monthly and annual records of the amount of wastewater (gallons) sent to the land application site.

5 CCR 1001-30-B-IV

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

47 CR 02, January 25, 2024, effective 2/14/2024