5 Colo. Code Regs. § 1001-4-VI
Current through Register Vol. 47, No. 18, September 25, 2024
Section 5 CCR 1001-4-VI - Permit to OperateVI.A. General Considerations VI.A.1. Existing Sources VI.A.1.a. No person shall operate, or modify as per Section VIII.A., an existing housed commercial swine feeding operation without obtaining or having a valid permit to operate from the Division for the housed commercial swine feeding operation.. The owner or operator shall follow the procedures and requirements set forth in this Part B of Regulation Number 2 for obtaining and modifying a permit to operate from the Division. The permit to operate application shall include an odor management plan that demonstrates the housed commercial swine feeding operation is in compliance with this Part B of Regulation Number 2. The owner or operator shall also file a copy of the complete application for a permit to operate with the county clerk and with the county or district public health agency for the county(ies) in which the housed commercial swine feeding operation is located.VI.A.1.b. A timely and complete application for a permit to operate for existing sources under the provisions of this Part B of Regulation Number 2 shall operate as a defense to an administrative enforcement action for the housed commercial swine feeding operation's failure to have a permit to operate until the Division or the Commission make a final determination on the permit to operate application. This defense to an enforcement action shall not apply if, subsequent to the completeness determination, the applicant fails to submit by the deadline specified in writing by the Division any additional information identified as necessary to process the application, or to otherwise supplement its application in accordance with the provisions of Part B, of this Regulation Number 2. This defense to an enforcement action shall not be available to an applicant who files a fraudulent application.VI.A.2. New or Expanded Sources No person shall commence construction, expansion, reconstruction, or modification of a housed commercial swine feeding operation without obtaining or having a valid permit to operate from the Division for the housed commercial swine feeding operation. The owner or operator shall follow the procedures and requirements set forth in this Part B of Regulation Number 2 for obtaining and modifying a permit to operate. The application for a permit to operate shall include an odor management plan that demonstrates the housed commercial swine feeding operation is in compliance with this Part B of Regulation Number 2.
VI.A.3. New, Expanded, and Existing Sources VI.A.3.a. Any permit which has been issued pursuant to a prior regulation of the Commission, with respect to a project or the operation thereof, shall continue in full force and effect for the purpose for which it was originally issued, unless this current regulation no longer requires such permit, in which case the permit can be rescinded by the Division upon request of the owner or operator of the permitted source. The source may request the Division to consolidate any previously issued permit with a permit to operate required under this Part B of Regulation Number 2.
VI.A.3.b. Any order or decision of the Division shall be final upon issuance.VI.A.3.c. The owner or operator of a housed commercial swine feeding operation shall pay the Division permit processing fees in the amounts and subject to the limits specified in the provisions of the Colorado Revised Statutes Section 25-7-114.7 for the costs of processing an application for a permit to operate.VI.A.4. Transfer or Assignment of Ownership VI.A.4.a. If transfer or assignment of ownership or operation of an air pollution emission source permitted pursuant to this Part B of Regulation Number 2 is anticipated, the prospective owner or operator shall apply to the Division on Division supplied administrative permit to operate amendment forms for re-issuance of the existing permit to operate. To revise a permit to operate for a transfer or assignment of ownership or operation, the owner or operator must submit an amendment form to the Division no later than 30 days after a change in the owner or operator of any facility, process, or activity of a housed commercial swine feeding operation.VI.A.4.b. In accordance with the provisions of this Section VI.A.4., Part B, of this Regulation Number 2, the permit to operate shall be reissued upon completion of the transfer or assignment if the applicant certifies that no change is contemplated which might constitute a new, expanded, or modified air pollution source. In no event shall the new owner or operator of a housed commercial swine feeding operation which was subject to the requirements of this Part B of Regulation Number 2 prior to the transfer or assignment be relieved of the obligation to comply with such requirements by reason of a transfer. Such transfers are subject to all applicable permit processing and inspection fees.
VI.A.4.c. If a company is changing its name only, the owner or operator shall apply to the Division, on Division supplied administrative permit to operate amendment forms, for re-issuance of the existing permit to operate.VI.A.4.d. No administrative permit to operate amendment for transfer or assignment of ownership of a source shall be complete until a written agreement containing a specific date for transfer of permit, responsibility, coverage and liability between the current and new permittee is received by the Division.VI.B. Option for a Pre-Application Meeting Prior to submitting an application for a permit to operate an applicant may request and, if so requested, the Division shall grant, a pre-application meeting with the applicant. At such meeting, the Division shall advise the applicant of the applicable requirements, including the information, plans, specifications and the data required to be furnished with the application for the permit to operate.
VI.C. Application for a Permit to Operate VI.C.1. An application for a permit to operate shall be prepared on forms currently supplied by the Division.VI.C.2. Applications shall be signed by a person legally authorized to act on behalf of the applicant. The applicant shall furnish all information and data required by the Division to evaluate the application for a permit to operate and to make its preliminary analysis.VI.C.3. An application for a permit to operate will not be deemed to be complete until all information and data required to evaluate the application have been submitted to the Division. Within 60 calendar days after the receipt of an application or any supplemental information requested by the Division, the Division will give notice to the applicant if and in what respect the application is incomplete. If the Division fails to notify an applicant that the application is incomplete within 60 calendar days of receipt of the original application or receipt of the requested supplemental information, the application shall be deemed to have been complete as of the day of receipt by the Division of the original application or receipt of the requested supplemental information. The application shall be deemed to have been complete as of the day of receipt by the Division of the application or the last submitted supplemental information, whichever is later, for purposes of the application shield discussed in Section VI.A.1.b., Part B, of this Regulation Number 2. Nothing herein precludes the Division from requesting further information about the housed commercial swine feeding operation in order to process the application for a permit to operate. If the Division concludes that the application is not complete, it shall inform the applicant of the additional information, which must be submitted prior to consideration of the application.VI.C.4. Completeness Determinations VI.C.4.a. The Division shall review each application submitted to determine whether it is complete. An application shall be deemed to be complete when it contains the information required by Sections VI.C.2., VI.C.3., and VI.D., Part B, of this Regulation Number 2 in sufficient detail for the Division to evaluate the subject housed commercial swine feeding operation and the application for a permit to operate and to determine all applicable requirements.VI.C.4.b. An owner or operator shall supplement the application for a permit to operate to correct or update information provided in its initial submission as soon as it becomes aware of any omissions or incorrect information submitted or to address changes made to the housed commercial swine feeding operation after submission of the application.VI.C.4.c. An owner or operator shall supplement its application for a permit to operate to address any requirements that become applicable to the housed commercial swine feeding operation after the date the owner or operator submitted its application, but prior to the Division's issuance of a draft permit to operate.VI.C.5. Requests for Additional Information If, after an application for a permit to operate is deemed complete, the Division determines that additional information is necessary to evaluate or take final action on an application, the Division shall request necessary information in writing and set a reasonable deadline for response. Additional information submitted by the deadline will be evaluated by the Division. If the applicant fails to provide the requested information or does not meet the deadline, the housed commercial swine feeding operation's ability to operate without a permit to operate shall terminate on the date of the deadline.
VI.C.6. Preliminary Analysis The Division shall prepare its preliminary analysis within 60 calendar days after receipt of a complete application for a permit to operate. The preliminary analysis allows the
Division to determine whether the housed commercial swine feeding operation will upon issuance of the permit to operate for existing sources or at the date of commencement of operation for new sources comply with all applicable emission control regulations.
VI.D. Content of Permit to Operate and Application for a Permit to Operate A permit to operate and application for a permit to operate shall contain at a minimum the following:
VI.D.1. A complete and accurate odor management plan that minimizes to the greatest extent practicable off-site odor emissions (see Section VII).VI.D.2. A description of the cover, technologies and/or practices employed to capture, recover, incinerate, or otherwise manage odorous gases from anaerobic process wastewater vessels and impoundments to minimize, to the greatest extent practicable, the emission of such gases into the atmosphere.VI.D.3. The technologies employed to ensure the maintenance of aerobic conditions or otherwise minimize to the greatest extent practicable the emission of odorous gases from aerobic impoundments to the atmosphere.VI.D.4. The applicable emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of the Division's issuance of the permit to operate.VI.D.5. All applicable monitoring requirements.VI.D.6. All applicable recordkeeping requirements.VI.D.7. All applicable reporting requirements.VI.E. Hearing and Public Comment Requirements VI.E.1. For new operations, the Division shall, within 15 calendar days after the preparation of the preliminary analysis, cause public notice of the application to be published on the Colorado Department of Public Health and Environment's website and in a newspaper of general distribution in the area in which the proposed operation will be located, and a copy of the preliminary analysis and application to be filed with the county clerk(s) for the county(ies) in which the source will be located and shall send written notice to persons requesting notice of an application for a permit to operate for the type of area or source affected. Such notice shall state:VI.E.1.a. The location and nature of the proposed activity or project for which a permit to operate application has been filed;VI.E.1.b. The locations where the application and preliminary analysis are available for public inspection;VI.E.1.c. That comments concerning the ability of the proposed project or activity to comply with the applicable standards and regulations of the Commission are solicited from any interested person;VI.E.1.d. That the Division will receive and consider public comments for 30calendar days after such publication;VI.E.1.e The Division's preliminary determination of approval, conditional approval, or disapproval of the application and/or compliance plan;VI.E.1.f. That comments are solicited on an innovative technological system for pollution control if proposed by the applicant;VI.E.1.g. That comments are solicited on the air quality impacts of the housed commercial swine feeding operation or modification; andVI.E.1.h. That comments are solicited on alternatives available to the housed commercial swine feeding operation.VI.E.2. For new housed commercial swine feeding operations, a hearing request by the applicant must be provided to the Division within 30 days of publication of the notice for public comment.VI.E.3. A hearing request pursuant to Section VI.E.2., Part B, of this Regulation Number 2, must be transmitted by the Division to the Commission, along with the complete application for a permit to operate, the preliminary analysis, and any written comments received by the Division within five days after the end of the 30 day comment period; except that for existing housed commercial swine feeding operations the Division will transmit the required information to the Commission within five days after receipt of the hearing request.VI.E.4. Applicants appealing any final decision of the Division shall follow the Commission's Procedural Rules (5 C.C.R. 1001-1, Section VI.).VI.F. Permit to Operate Review Requirements Within 30calendar days following the completion of the Division's preliminary analysis for applications for existing sources, within 30 calendar days following the period for public comment for new sources, or if a hearing is held, within 30 calendar days following such hearing, the Division or the Commission, as the case may be, shall grant the permit to operate if it finds that the proposed housed commercial swine feeding operation or activity will meet all applicable requirements in this Part B of Regulation Number 2 and any other applicable Commission regulations.
VI.G. Denial or Revocation of the Permit to OperateVI.G.1. If the Division determines that a housed commercial swine feeding operation cannot comply or does not operate in compliance with the provisions of Section VI., Part B, of this Regulation Number 2, the Division shall issue its written denial of the application for a permit to operate stating the reasons for such denial. Any Division denial of a permit to operate shall become final upon mailing of the denial notice to the applicant by certified mail. The applicant may appeal the Division's final denial of a permit to operate as provided in Section VI.G.3., Part B, of this Regulation Number 2.VI.G.2. Any applicant for a permit to operate shall advise the Division in writing of any refusal to accept any permit condition imposed by the Division within 30 calendar days after receipt of the permit to operate. Such refusal shall be deemed a denial of the application for a permit to operate.VI.G.3. If the Division denies a permit to operate, the conditions imposed upon a permit to operate are contested by the applicant, or the Division revokes a permit to operate, the applicant or owner or operator may request a hearing before the Commission for review of the Division's action. The hearing shall be heard in accordance with the provisions of Section 25-7-114(4)(h), C.R.S. and Section 25-7-119, C.R.S. of the Act and Section 24-4-105, C.R.S. (State Administrative Procedures Act).VI.H. Final Approval of a Permit to Operate VI.H.1. Unless prior and mutually acceptable arrangements have been made, the applicant shall not commence the operation of a new source for which a permit to operate has been issued or reinstated without giving notice to the Division, 30 calendar days prior to the date on which commencement will take place.VI.H.2. Within 180 calendar days after commencement of operation of a new source the owner or operator shall demonstrate to the Division compliance with the terms and conditions of the permit to operate and the Division may inspect the housed commercial swine feeding operation to determine whether or not the operating terms and conditions of the permit to operate have been satisfied.VI.H.3. Before the Division grants final approval of the permit to operate, the Division may require the applicant to conduct performance tests in accordance with methods approved by the Division. A test protocol shall be submitted to the Division for review and approval prior to testing. The Division may monitor such tests and may, at its expense, conduct its own performance tests.VI.H.4. If the Division determines that the terms and conditions of the permit to operate have been satisfied, the Division shall issue in writing its final approval of a permit to operate to the applicant. Otherwise, the Division shall revoke the permit to operate.VI.H.5. Final approval of a permit to operate may be issued at the same time as initial approval for temporary sources within a housed commercial swine feeding operation of a duration of one month or less.VI.I. Cancellation of a Permit to Operate Whenever an owner or operator wishes to cancel a permit to operate, the owner or operator shall notify the Division, in writing.