5 Colo. Code Regs. § 1001-8, pt. A

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

Part A - [Effective until 7/15/2024]

Federal Register Regulations Adopted by Reference

The regulations promulgated by the United States Environmental Protection Agency (EPA) listed below, found in Part 60, Chapter I, Title 40 and Part 75, Chapter 1, Title 40 of the Code of Federal Regulations (CFR) and in effect as of the dates indicated, but not including later amendments, were adopted by the Colorado Air Quality Control Commission and are hereby incorporated by reference. Copies of the material incorporated by reference are available for public inspection during regular business hours at the Office of the Commission, located at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. Parties wishing to inspect these materials should contact the Technical Secretary of the Commission, located at the Office of the Commission. The material incorporated by reference is also available through the United States Government Printing Office, online at www.gpo.gov/fdsys.

All new sources of air pollution and all modified or reconstructed sources of air pollution shall comply with the standards, criteria, and requirements set forth herein. For the purpose of this regulation, the word "Administrator" as used in Part 60, Chapter I, Title 40, of the CFR shall mean the Colorado Air Pollution Control Division, except that in the sections in Table 1, "Administrator" shall mean both the Administrator of the Environmental Protection Agency or his authorized representative and the Colorado Air Pollution Control Division. For the purpose of this regulation, the word "Administrator" as used in Part 75, Chapter 1, Title 40, shall mean the Administrator of the Environmental Protection Agency or his authorized representative for everything except mercury monitoring, recordkeeping and reporting requirements (separately addressed in Part B, Section VIII. of this Regulation Number 6. Other deviations from these federal standards, as presented in the CFR and which the Colorado Air Quality Control Commission ordered, are noted in the affected Subpart, and/or included in Part B of the Regulation. Table 2 identifies Part 75, Chapter I, Title 40 of the CFR requirements incorporated by reference.

TABLE 1

40 CFR Part 60 Subpart*	Section(s)
A	60.8(b)(2) and (b)(3) and those sections throughout the standards that reference 60.8(b)(2) and (b)(3), 60.11(b) and (e).
Da	60.45a.
Ka	60.114a.
Kb	60.111b(f)(4), 60.114b, 60.116b (e)(3)(iii) and (e)(3)(iv), 60.116b(f)(2)(iii).
S	60.195(b).
DD	60.302(d)(3).
GG	60.332(a)(3), 60.335(a).
VV	60.482-1(c)(2), 60.484.
WW	60.493(b)(2)(i)(A), 60.496(a)(1).
XX	60.502(e)(6).
GGG	60.592(c).
JJJ	60.623.
KKK	60.634.

*And any other section which 40 CFR Part 60 specifically states will not be delegated to the States.

Subpart A	General Provisions. 40 CFR Part 60 , Subpart A (July 1, 2022). (See Part B of this Regulation Number 6 for Additional Requirements Regarding Modifications)
Subpart Cb	Emission Guidelines and Compliance Times for Existing Sources: Municipal Waste Combustors That Are Constructed On or Before September 20, 1994. 40 CFR Part 60 , Subpart Cb (July 1, 2022).
Subpart Cc	Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. 40 CFR Part 60 , Subpart Cc (July 1, 2022).

For clarification regarding requirements applicable to existing municipal solid waste landfills, designated facilities as defined in 40 CFR Part 60, Section 60.32c which meet the condition in 40 CFR Part 60, Section 60.33c(a)(1) shall submit to the Division an initial design capacity report and an initial emission rate report in accordance with 40 CFR Part 60, Section 60.757 within 90 days of the effective date of this regulation.

If the design capacity report reflects that the facility meets the condition in 40 CFR Part 60, Section 60.33c(a)(2) and the initial NMOC emission rate report reflects that the facility meets the condition in 40 CFR Part 60, Section 60.33c(a)(3), the facility shall comply with the collection and control system requirements in 40 CFR Part 60, Section 60.752(b)(2)(ii), applicable control device requirements in 40 CFR Part 60, Section 60.33c(c)(1), (2) and (3), test methods and procedures requirements in 40 CFR 60.754, operational standards in 40 CFR Part 60, Section 60.753, compliance provisions in 40 CFR Part 60, Section 60.755, monitoring provisions in 40 CFR Part 60, Section 60.756 and reporting and recordkeeping provisions in 40 CFR Part 60, Sections 60.757 and 60.758, respectively. Such facilities must complete installation of air emission collection and control equipment capable of meeting the requirements of this subpart no later than 30 months from the effective date of these requirements or the date on which the source becomes subject to this subpart pursuant to 40 CFR Part 60, Section 60.36c(b) (the date on which the condition in 60.33c(a)(3) is met (i.e., the date of the first annual report in which the non-methane organic compounds emission rate equals or exceeds 50 megagrams per year)), whichever occurs later.

These facilities must submit a final collection and control system design plan pursuant to 40 CFR Part 60, Section 60.757(c) within one year of the effective date of these requirements, which must be reviewed and approved by the state. The final collection and control system design plan must specify:

(1) the date by which contracts for control systems/process modifications shall be awarded, (which shall be no later than 20 months after the effective date);

(2) the date by which on-site construction or installation of the air pollution control device(s) or process changes will begin, (which shall be no later than 24 months after the effective date); and

(3) the date by which the construction or installation of the air pollution control device(s) or process changes will be complete (which shall be no later than 30 months after the effective date). In addition, the plan shall include site-specific design plans for the gas collection and control system(s). These facilities shall comply with the approved final collection and control system design plan and shall demonstrate compliance with these emission standards in accordance with 40 CFR Part 60, Section 60.8 not later than 180 days following initial startup of the collection and control system. On July 29, 1998, EPA approved Colorado's 111(d) plan that established performance standards for existing MSW landfills under 40 CFR Part 60 , Subpart Cc. On May 21, 2020, the Commission adopted an updated 111(d) plan for existing MSW landfills. Upon approval by EPA, all landfills for which construction, reconstruction, or modification was commenced on or before July 17, 2014 ('existing' designated facilities) will be subject to the requirements of the updated 111(d) state plan. Sources previously subject to 40 CFR Subpart Cc will be subject instead to Subpart Cf on the effective date of the EPA approved 111(d) state plan.

Subpart Cf

Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. 40 CFR Part 60 , Subpart Cf (July 1, 2022).

Designated facilities to which this subpart applies must comply with the minimum requirements in Subpart Cf as provided in Colorado's 111(d) plan for Municipal Solid Waste Landfills. Colorado's 111(d) plan for Existing Municipal Solid Waste Landfills was approved by EPA in 40 CFR Part 62 , Subpart G on November 9, 2021 (86 FR 62098). All landfills for which construction, reconstruction, or modification was commenced on or before July 17, 2014 ('existing' designated facilities) are subject to the requirements of the 111(d) state plan. Designated facilities, as defined by this subpart, previously subject to either 40 CFR Subpart Cc or WWW are subject instead to Subpart Cf as of the effective date of the EPA approved 111(d) state plan. Specifically, designated facilities are defined in Section 60.31 f and additional definitions are specified in Section 60.41 f, with the following amendments:

1. Section 60.33 is revised to read as follows:

(a)Landfills. Each owner or operator of an MSW landfill having a design capacity greater than or equal to 2.5 million megagrams by mass and 2.5 million cubic meters by volume must collect and control MSW landfill emissions at each MSW landfill that meets the following conditions:

2. Section 60.33 f(b) is revised to read as follows:

(b)Collection system. Each MSW landfill meeting the conditions in paragraph (a) of this section must install a gas collection and control system meeting the requirements in paragraphs (b)(1) through (3) and (c) of this section.

3. Section 60.33 f(c) is revised to read as follows:

(c)Control system. Each owner or operator of a subject MSW Landfill must control the gas collected from within the landfill through the use of control devices meeting the following requirements, except as provided in § 60.24.

4. Section 60.33 f(d) is revised to read as follows:

(d)Design capacity. Each owner or operator of an MSW landfill having a design capacity less than 2.5 million megagrams by mass or 2.5 million cubic meters by volume must submit an initial design capacity report to the Division as provided in §60.38 f(a). The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the exemption values. Any density conversions must be documented and submitted with the report. Submittal of the initial design capacity report fulfills the requirements of this subpart except as provided in paragraphs (d) (1) and (2) of this section.

5. Section 60.33 f(e) is revised to read as follows: (e) Emissions. Each owner or operator of an MSW landfill having a design capacity equal to or greater than 2.5 million megagrams and 2.5 million cubic meters must either install a collection and control system as provided in paragraphs (b) and (c) of this section or calculate an initial NMOC emission rate for the landfill using the procedures specified in §60.35 f(a). The NMOC emission rate must be recalculated annually, except as provided in § 60.38f(c)(3).

Designated facilities must comply with applicable emission limits for designated facilities specified in Section 60.33 f. Designated facilities must comply with applicable operational standards for collection and control systems as specified in Section 60.34 f. Designated facilities must comply with applicable test methods and procedures and compliance requirements as specified in Sections 60.35 f-60.36 f. Designated facilities must comply with applicable monitoring requirements as specified in Section 60.37 f. Designated facilities must comply with applicable reporting and recordkeeping requirements as specified in Sections 60.38 f-60.39 f. Designated facilities must comply with applicable requirements for active collective systems as specified in Section 60.40 f. The Commission designates the effective date of Colorado's 111(d) plan as December 9, 2021 (i.e. the effective date of EPA's final rule in 40 CFR Part 62, Subpart G approving the state plan under Section 111(d) of the Clean Air Act). The compliance schedule for designated facilities can be found in Colorado's 111(d) plan for Existing Municipal Solid Waste Landfills. Colorado's 111(d) plan for Existing Municipal Solid Waste Landfills was adopted May 21, 2020, and is obtainable from Commission Office.

Subpart D	Standards of Performance for Fossil-Fuel-Fired Steam Generators for which Construction is Commenced after August 17, 1971. 40 CFR Part 60 , Subpart D (July 1, 2022).
Subpart Da	Standards of Performance for Electric Utility Steam Generators for which Construction is Commenced after September 18, 1978. 40 CFR Part 60 , Subpart Da (July 1, 2022). (See Regulation Number 6, Part B, Section VIII. and Regulation Number 8, Part E, Subpart UUUUU for additional requirements regarding Electric Utility Steam Generating Units)
Subpart Db	Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units. 40 CFR Part 60 , Subpart Db (July 1, 2022).
(See Part B, Section III.D. of this Regulation Number 6 for Additional Requirements)
Subpart Dc	Standards of Performance for Small Industrial-Commercial- Institutional Steam Generating Units. 40 CFR Part 60, Subpart Dc (July 1, 2022).
Subpart E	Standards of Performance for Incinerators. 40 CFR Part 60, Subpart E (July 1, 2022). (See Part B, Sections V, VI and VII of this Regulation Number 6 for Additional Requirements)
Subpart Ea	Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994. 40 CFR Part 60, Subpart Ea (July 1, 2022).
Subpart Eb	Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After September 20, 1994. 40 CFR Part 60, Subpart Eb (July 1, 2022). (See Part B, Section VI of this Regulation Number 6 for Additional Requirements)
Subpart Ec	Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996. 40 CFR Part 60, Subpart Ec (July 1, 2022). (See Part B, Section V of this Regulation Number 6 for Additional Requirements)
Subpart F	Standards of Performance for Portland Cement Plants. 40 CFR Part 60, Subpart F (July 1, 2022).
Subpart G	Standards of Performance for Nitric Acid Plants. 40 CFR Part 60, Subpart G (July 1, 2022).
Subpart Ga	Standards of Performance for Nitric Acid Plants for Which Construction, Reconstruction, or Modification Commenced After October 14, 2011. 40 CFR Part 60, Subpart Ga (July 1, 2022).
Subpart H	Standards of Performance for Sulfuric Acid Plants. 40 CFR Part 60, Subpart H (July 1, 2022).
Subpart I	Standards of Performance for Hot Mix Asphalt Facilities. 40 CFR Part 60, Subpart I (July 1, 2022).
Subpart J	Standards of Performance for Petroleum Refineries. 40 CFR Part 60, Subpart J (July 1, 2022).
Subpart Ja	Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007. 40 CFR Part 60, Subpart Ja (July 1, 2022).
Subpart K	Standards of Performance for Storage Vessels for Petroleum Liquids Constructed after June 11, 1973 and prior to May 19, 1978. 40 CFR Part 60, Subpart K (July 1, 2022).
Subpart Ka	Standards of Performance for Storage Vessels for Petroleum Liquids Constructed after May 18, 1978, and prior to July 23, 1984. 40 CFR Part 60, Subpart Ka (July 1, 2022).
Subpart Kb	Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or Modification Commenced after July 23, 1984. 40 CFR Part 60, Subpart Kb (July 1, 2022).
Subpart L	Standards of Performance for Secondary Lead Smelters. 40 CFR Part 60, Subpart L (July 1, 2022).
Subpart M	Standards of Performance for Secondary Brass and Bronze Production Plants. 40 CFR Part 60, Subpart M (July 1, 2022).
Subpart N	Standards of Performance for Iron and Steel Plants. 40 CFR Part 60, Subpart N (July 1, 2022).
Subpart Na	Standards of Performance for Basic Oxygen Process Furnaces. 40 CFR Part 60, Subpart Na (July 1, 2022).
Subpart O	Standards of Performance for Sewage Treatment Plants. 40 CFR Part 60, Subpart O (July 1, 2022).
Subpart P	Standards of Performance for Primary Copper Smelters. 40 CFR Part 60, Subpart P (July 1, 2022).
Subpart Q	Standards of Performance for Primary Zinc Smelters. 40 CFR Part 60, Subpart Q (July 1, 2022).
Subpart R	Standards of Performance for Primary Lead Smelters. 40 CFR Part 60, Subpart R (July 1, 2022).
Subpart S	Standards of Performance for Primary Aluminum Reduction Plants. 40 CFR Part 60, Subpart S (July 1, 2022).
Subpart T	Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants. 40 CFR Part 60, Subpart T (July 1, 2022).
Subpart U	Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants. 40 CFR Part 60, Subpart U (July 1, 2022).
Subpart V	Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants. 40 CFR Part 60, Subpart V (July 1, 2022).
Subpart W	Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants. 40 CFR Part 60, Subpart W (July 1, 2022).
Subpart X	Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities. 40 CFR Part 60, Subpart X (July 1, 2022).
Subpart Y	Standards of Performance for Coal Preparation Plants. 40 CFR Part 60, Subpart Y (July 1, 2022).
Subpart Z	Standards of Performance for Ferroalloy Production Facilities. 40 CFR Part 60, Subpart Z (July 1, 2022).
Subpart AA	Standards of Performance for Steel Plants: Electric Arc Furnaces Constructe4d after October 21, 1974, and on or before August 17, 1983. 40 CFR Part 60, Subpart AA (July 1, 2022).
Subpart AAa	Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983. 40 CFR Part 60, Subpart AAa (July 1, 2022).
Subpart BB	Standards of Performance for Kraft Pulp Mills. 40 CFR Part 60, Subpart BB (July 1, 2022).
Subpart BBa	Standards of Performance for Kraft Pulp Mill Affected Sources for Which Construction, Reconstruction, or Modification Commenced After May 23, 2013. 40 CFR Part 60, Subpart BBa (July 1, 2022).
Subpart CC	Standards of Performance for Glass Manufacturing Plants. 40 CFR Part 60, Subpart CC (July 1, 2022).
Subpart DD	Standards of Performance for Grain Elevators. 40 CFR Part 60, Subpart DD (July 1, 2022).
Subpart EE	Standards of Performance for Surface Coating of Metal Furniture. 40 CFR Part 60, Subpart EE (July 1, 2022).
Subpart GG	Standards of Performance for Stationary Gas Turbines. 40 CFR Part 60, Subpart GG (July 1, 2022). (See Subpart KKKK of this Regulation Number 6 for additional requirements for Stationary Combustion Turbines)
Subpart HH	Standards of Performance for Lime Manufacturing Plants. 40 CFR Part 60, Subpart HH (July 1, 2022).
Subpart KK	Standards of Performance for Lead-Acid Battery Manufacturing Plants. 40 CFR Part 60, Subpart KK (July 1, 2022).
Subpart LL	Standards of Performance for Metallic Mineral Processing Plants. 40 CFR Part 60, Subpart LL (July 1, 2022).
Subpart MM	Standards of Performance for Automobile and Light-Duty Truck Surface Coating Operations. 40 CFR Part 60, Subpart MM (July 1, 2022).
Subpart NN	Standards of Performance for Phosphate Rock Plants. 40 CFR Part 60, Subpart NN (July 1, 2022).
Subpart PP	Standards of Performance for Ammonium Sulfate Manufacture. 40 CFR Part 60, Subpart PP (July 1, 2022).
Subpart QQ	Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing. 40 CFR Part 60, Subpart QQ (July 1, 2022).
Subpart RR	Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations. 40 CFR Part 60, Subpart RR (July 1, 2022).
Subpart SS	Standards of Performance for Industrial Surface Coating: Large Appliances. 40 CFR Part 60, Subpart SS (July 1, 2022).
Subpart TT	Standards of Performance for Metal Coil Surface Coating. 40 CFR Part 60, Subpart TT (July 1, 2022).
Subpart UU	Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture. 40 CFR Part 60, Subpart UU (July 1, 2022).
Subpart VV	Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction or Modification Commenced after January 5, 1981, and on or Before November 7, 2006. 40 CFR Part 60, Subpart VV (July 1, 2022).
Subpart VVa	Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction or Modification Commenced after November 7, 2006. 40 CFR Part 60, Subpart VVa (July 1, 2022).
Subpart WW	Standards of Performance for the Beverage Can Surface Coating Industry. 40 CFR Part 60, Subpart WW (July 1, 2022).
Subpart XX	Standards of Performance for Bulk Gasoline Terminals. 40 CFR Part 60, Subpart XX (July 1, 2022).
Subpart BBB	Standards of Performance for the Rubber Tire Manufacturing Industry. 40 CFR Part 60, Subpart BBB (July 1, 2022).
Subpart DDD	Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry. 40 CFR Part 60, Subpart DDD (July 1, 2022).
Subpart FFF	Standards of Performance for Flexible Vinyl and Urethane Coating and Printing. 40 CFR Part 60 , Subpart FFF (July 1, 2022).
Subpart GGG	Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and On or Before November 7, 2006. 40 CFR Part 60, Subpart GGG (July 1, 2022).
Subpart GGGa	Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commences After November 7, 2006. 40 CFR Part 60 , Subpart GGGa (July 1, 2022).
Subpart HHH	Standards of Performance for Synthetic Fiber Production Facilities. 40 CFR Part 60, Subpart HHH (July 1, 2022).
Subpart III	Standards of Performance for Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes. 40 CFR Part 60, Subpart III (July 1, 2022).
Subpart JJJ	Standards of Performance for Petroleum Dry Cleaners. 40 CFR Part 60, Subpart JJJ (July 1, 2022).
Subpart KKK	Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants. 40 CFR Part 60, Subpart KKK (July 1, 2022).
Subpart LLL	Standards of Performance for Onshore Natural Gas Processing: SO2 Emissions. 40 CFR Part 60, Subpart LLL (July 1, 2022).
Subpart NNN	Standards of Performance for Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry Distillation Operations. 40 CFR Part 60, Subpart NNN (July 1, 2022).
Subpart OOO	Standards of Performance for Nonmetallic Mineral Processing Plants. 40 CFR Part 60, Subpart OOO (July 1, 2022).
Subpart PPP	Standards of Performance for Wool Fiberglass Insulation Manufacturing Plants. 40 CFR Part 60, Subpart PPP (July 1, 2022).
Subpart QQQ	Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems. 40 CFR Part 60, Subpart QQQ (July 1, 2022).
Subpart RRR	Standards of Performance for Volatile Organic Compounds (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes. 40 CFR Part 60, Subpart RRR (July 1, 2022).
Subpart SSS	Standards of Performance for the Magnetic Tape Manufacturing Industry. 40 CFR Part 60, Subpart SSS (July 1, 2022).
Subpart TTT	Standards of Performance for Industrial Surface Coating of Plastic Parts for Business Machines. 40 CFR Part 60, Subpart TTT (July 1, 2022).
Subpart UUU	Standards of Performance for Calciners and Dryers in Mineral Industries. 40 CFR Part 60, Subpart UUU (July 1, 2022).
Subpart VVV	Standards of Performance for Polymeric Coating of Supporting Substrates. 40 CFR Part 60, Subpart VVV (July 1, 2022).
Subpart WWW	Standards of Performance for Municipal Solid Waste Landfills. 40 CFR Part 60, Subpart WWW (July 1, 2022).

On May 21, 2020, the Commission adopted an updated 111(d) plan for existing MSW landfills. Effective December 9, 2021, all landfills for which construction, reconstruction, or modification was commenced on or before July 17, 2014 ('existing' designated facilities) are subject to the requirements of the updated 111(d) state plan. Designated facilities, as defined by this subpart previously subject to 40 CFR Subpart WWW will be subject instead to Subpart Cf as of December 9, 2021.

Subpart XXX	Standards of Performance for Municipal Solid Waste Landfills that Commenced Construction Reconstruction or Modification after July 17, 2014. 40 CFR Part 60, Subpart XXX (July 1, 2022).
Subpart AAAA	Standards of Performance for Small Municipal Waste Combustion Units for which Construction is Commenced after August 30, 1999 or for which Modification or Reconstruction is Commenced after June 6, 2001. 40 CFR Part 60 , Subpart AAAA (July 1, 2022).
Subpart CCCC	Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced after November 30, 1999 or for which Modification or Reconstruction is Commenced on or after June 1, 2001. 40 CFR Part 60, Subpart CCCC (July 1, 2022).
Subpart DDDD	Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction On or Before November 30, 1999. 40 CFR Part 60, Subpart DDDD (July 1, 2022).

Designated facilities to which this subpart applies must comply with the minimum requirements in Subpart DDDD as provided in Colorado's 111(d) plan for Existing Commercial and Industrial Solid Waste Incineration Units. Colorado's 111(d) plan for Existing Commercial and Industrial Solid Waste Incineration Units will be submitted to EPA once approved by the Commission and is effective once approved by EPA in 40 CFR Part 62 , Subpart G.

Specifically, designated facilities are defined in Sections 60.2550 and 60.2555 and additional definitions are specified in Section 60.2875 . Designated facilities must comply with applicable emission and operating limits for designated facilities as specified in Sections 60.2670 -60.2680 . Designated facilities must comply with applicable operator training and qualification requirements are specified in Sections 60.2635 -60.2665 . Designated facilities must comply with applicable waste management plan requirements as specified in Section 60.2620 and specified in Sections 60.2625 and 60.2630 . Designated facilities must comply with applicable performance testing requirements as specified in Sections 60.2690 -60.2695 . Designated facilities must comply with applicable compliance requirements as specified in Sections 60.2700 -60.2725 Designated facilities must comply with applicable monitoring requirements as specified in Sections 60.2730 -60.2735 . Designated facilities must comply with applicable notification and recordkeeping requirements as specified in Sections 60.2555 -(2), (e)(1)-(4), and (f)(1)-(4). Designated facilities must comply with applicable reporting and recordkeeping requirements as specified in Sections 60.2740 -60.2800 . Designated facilities must comply with applicable air curtain incinerator requirements as specified in Sections 60.2810 -60.2870 . Designated facilities must comply with applicable compliance times as specified in Section 60.2535.

The Commission designates the effective date of Colorado's 111(d) plan as April 26, 2018, (i.e., the effective date of EPA's final rule in 40 CFR Part 62, Subpart G [83 FR 13113] approving the state plan under Section 111(d) of the Clean Air Act). The compliance schedule for designated facilities can be found in Colorado's 111(d) plan for Existing Commercial and Industrial Solid Waste Incineration Units. Colorado's 111(d) plan for Existing Commercial and Industrial Solid Waste Incineration Units was adopted May 18, 2017, and is obtainable from the Commission Office.

Subpart EEEE	Standards of Performance for Other Solid Waste Incineration Units for which Construction is Commenced after December 9, 2004 or for which Modification or Reconstruction is Commenced on or after June 16, 2006. 40 CFR Part 60, Subpart EEEE (July 1, 2022).
Subpart FFFF	Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units that Commenced Construction on or before December 9, 2004. 40 CFR Part 60, Subpart FFFF, Sections 60.2991 through 60.2994, 60.3000 through 60.3078, and Tables 1-5 (July 1, 2022).
Subpart HHHH	Emission Guidelines and Compliance Times for Coal-Fired Electric Steam Generating Units. Repealed: This rule was vacated by the February 8, 2008 D.C. Circuit Court of Appeals decision.
Subpart IIII	Standards of Performance for Stationary Compression Ignition Internal Combustion Engines. 40 CFR Part 60 , Subpart IIII, excluding the 100-hour emergency exemption in subsection 60.4211 -(iii) pursuant to the court's decision in Delaware Dept. of Natural Res. & Envt'l Control, et al. v. EPA, 785 F. 3d 1 (DC Cir. 2015) (July 1, 2022), as amended August 10, 2022.
Subpart KKKK	Standards of Performance for Stationary Combustion Turbines. 40 CFR Part 60, Subpart KKKK (July 1, 2022). (See Subpart GG for additional requirements for Stationary Gas Turbines)
Subpart LLLL	Standards of Performance for New Sewage Sludge Incineration Unit. 40 CFR Part 60, Subpart LLLL (July 1, 2022).
Subpart MMMM	Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units. 40 CFR Part 60, Subpart MMMM (July 1, 2022).
Subpart OOOO	Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution. 40 CFR Part 60, Subpart OOOO, (July 1, 2022).

APPENDIX A to Part 60 Test Methods. 40 CFR Part 60 (July 1, 2022).

APPENDIX B to Part 60 Performance Specifications. 40 CFR Part 60 (July 1, 2022).

APPENDIX C to Part 60 Determination of Emission Rate Change. 40 CFR Part 60 (July 1, 2022).

APPENDIX D to Part 60 Required Emission Inventory Information. 40 CFR Part 60 (July 1, 2022).

APPENDIX F to Part 60 Quality Assurance Procedures. 40 CFR Part 60 (July 1, 2022).

APPENDIX I to Part 60 Removable Label and Owner's Manual. 40 CFR Part 60 (July 1, 2022).

TABLE 2

40 CFR Part 75 Subpart**	Section(s)
A	75.1-75.8
B	75.10-75.19
C	75.20-75.24
D	75.30-75.39
E	75.40-75.48
F	75.50-75.59
G	75.60-75.67
H	75.70-75.75

** 40 CFR Part 75, Subparts A through H (July 1, 2022).

APPENDIX A to Part 75 Specifications and Test Procedures, 40 CFR Part 75 (July 1, 2022).

APPENDIX B to Part 75 Quality Assurance and Quality Control Procedures, 40 CFR Part 75 (July 1, 2022).

APPENDIX C to Part 75 Missing Data Estimation Procedures, 40 CFR Part 75 (July 1, 2022).

APPENDIX D to Part 75 Optional SO2 Emissions Data Protocol for Gas-Fired Peaking Units and Oil-Fired Peaking Units, 40 CFR Part 75 (July 1, 2022).

APPENDIX E to Part 75 Optional NOx Emissions Data Protocol for Gas-Fired Peaking Units and Oil-Fired Peaking Units, 40 CFR Part 75 (July 1, 2022).

APPENDIX F to Part 75 Conversion Procedures, 40 CFR Part 75 (July 1, 2022).

APPENDIX G to Part 75 Determination of CO2 Emissions, 40 CFR Part 75 (July 1, 2022).

APPENDIX H to Part 75 Revised Traceability Protocol Number 1 (Reserved), 40 CFR Part 75 (July 1, 2022).

APPENDIX I to Part 75 Optional F--Factor/Fuel Flow Method (Reserved), 40 CFR Part 75 (July 1, 2022).

APPENDIX J to Part 75 Compliance Dates for Revised Recordkeeping Requirements and Missing Data Procedures (Reserved), 40 CFR Part 75 (July 1, 2022).

STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE (For Part A)

I. Adopted: June 20, 1996

Background

This statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. 1973, Section 24-4-103(4) for adopted or modified regulations.

Basis

The EPA has promulgated revisions to the federal Standards of Performance for New Stationary Sources (NSPS). The state of Colorado is required under Section 110 of the federal Clean Air Act as amended to adopt such NSPS standards and revisions into its regulations in order to maintain agency authority with regard to the Standards.

Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act. Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-1 -6(6) provides the Commission authority to require testing, monitoring and recordkeeping. In addition, Section 25-7-102 requires the Commission to use all available practical methods that are technically feasible and economically reasonable to adopt federal regulations by reference. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C.R.S., as amended.

Purpose

The EPA has developed emission control regulations for specific categories of new sources based upon research that examines technical and economic feasibility and the current; best demonstrated controls being used on specific source categories. The Commission is adopting these revisions to the federal rules in order to maintain administrative authority and referencing accuracy.

1. Standards of Performance for New Stationary Sources Appendix A--Reference Methods; Amendments to Method 24 for the Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, 40 CFR Part 60, Section 60.17(A)(63).

This rule amends those referenced analysis procedures already in the rules to include one that can be applied to non-thin film ultraviolet radiation-cured coatings. The proposed rule does not change any emission standard, nor does it impose any new emission measurement requirements. It simply amends references to existing test methods. Method 24 is used to determine volatile matter and water content, density, volume solids and weight solids of surface coatings, such as paint, varnish, lacquer, or related surface coatings. Method 24, which references the American Society for Testing and Materials (ASTM) Method D2369-81, was meant to apply to all such coatings.

However, that ASTM method cannot be used to calculate the VOC content of ultraviolet radiation-cured coatings. This rule amends Method 24 to reference ASTM Method D5403-93, which is used to measure volatile organic compounds in non-thin ultraviolet radiation-cured coatings.

2. Standards of Performance for Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations, 40 CFR Part 60, Subpart NNN, Sections 60.665 and 60.667, and SOCMI Reactor Processes, 40 CFR Part 60, Subpart RRR, Sections 60.700, 60.705, and 60.707.

This amendment corrects the spelling of certain chemical names, the Chemical Abstract System (CAS) numbers for certain chemicals, and certain cross-referencing and drafting errors in the Standard of Performance for New Sources for new, modified and reconstructed distillation operations and reactor processes in the SOCMI. The proposed amendment would also clarify reporting and recordkeeping requirements for these processes--allowing them to be submitted in conjunction with semiannual reports or as a single separate report in order to avoid their duplication. Subparts NNN and RRR of Colorado Regulation Number 6 are corrected by this amendment.

3. Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Municipal Waste Combustors, 40 CFR, Subparts Cb, Ea and Eb of Section 60.

The rule applies to Municipal Waste Combustion (MWC) units at plants with aggregate capacities to combust more than 35 megagrams (40 tons) of municipal solid waste per day, and requires sources to achieve emission levels reflecting the maximum degree of reduction in emissions of air pollutants achievable. The 40-ton-per-day threshold is lower than the 50-ton threshold previously found in Colorado's Regulation Number 6, Part B. The standards and guidelines establish emission levels for MWC dioxins, furans, cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, sulfur dioxide, oxides of nitrogen and fugitive ash.

The standards apply to new sources that begin construction after September 20, 1994, or that begin modification or reconstruction after June 19, 1996. MWCs constructed after December 20, 1989 and on or before September 20, 1994 are subject to previously issued (1991) standards and to the 1995 retrofit guidelines for existing sources. MWCs constructed on or before September 20, 1994 are subject only to the guidelines.

Time line table for MWC NSPS:

On or Before Dec. 20, 1989	Dec. 21, 1989 to Sept. 20, 1994	Sept. 21, 1994 to June 19, 1996	After June 19, 1996
Type of Activity	Constructed, Modified, or Reconstructed	Constructed, Modified or Reconstructed	Begin Construction	Begin Modification or Reconstruction
Applicable Regulations	Subject to the 1995 retrofit guidelines (Subpart Cb)	Subject to 1991 standards (Subpart Ea) and 1995 retrofit guidelines (Subpart Cb)	Subject to revised standards (Subpart Eb)

II. Adopted: February 20, 1997

Adoption by Reference - Subpart Cc and Subpart WWW

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The Environmental Protection Agency on March 12, 1996 promulgated Standards of Performance for Municipal Solid Waste Landfills and Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. The state of Colorado is required under Section 111(c) of the federal Clean Air Act as amended to adopt such New Source Performance Standards ("NSPS") and guidelines in order to retain its authority to implement and enforce the federal Standards of Performance for New Stationary Sources.

The Commission adopted by reference Subpart WWW of Part 60, Title 40, CFR as a New Source Performance Standard in order to obtain state authority to implement and enforce this federal standard. In addition, the Commission adopted Subpart Cc of Part 60, Title 40, CFR, to provide the authority for the Division to proceed with preparation of the plan for existing sources required by that subpart. The Commission intends to review and approve a plan that meets the requirements of Section 111 of the federal act in the next few months. The Commission contemplates that the plan will include implementation and enforcement of the New Source Performance Standard in Subpart WWW as well as the emission guidelines for existing sources that are adopted as part of this rulemaking.

The Commission adopted emissions guidelines for existing municipal solid waste landfills, consistent with the required elements of a state plan set forth in 40 CFR Part 60 Subpart Cc. The language adopted complies with the requirements of Subpart Cc and refers to that subpart for applicability provisions and some other matters. However, the rule also refers directly to the substantive provisions of Subpart WWW, the NSPS, which are largely adopted by reference by Subpart Cc. This strategy was developed in discussion with the interested party to make the requirements of the emissions guidelines for existing sources clear.

Specific Statutory Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act, title 25, article 7, of the Colorado Revised Statutes. Sections 25-7-105(1)(b) and 25-7-109, C.R.S., provide authority for the Commission to adopt emission control regulations. Section 25-7-109(1)(a)(II), C.R.S., provides authority for the Commission to adopt emission control regulations for particular types of facilities, processes and activities. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Section 24-4-103 (12.5) provides authority to adopt federal regulations by reference. Commission action in promulgating these regulations is taken pursuant to the above statutory provisions. The only portion of this rulemaking which is not an adoption by reference or a duplication of federal requirements is the choice by the Commission of interim deadlines for tasks necessary to achieving full compliance with the federal minimum collection and control system requirements as required by EPA's guidance. These elements of the rule are not by themselves intended to reduce air pollution. Accordingly, the findings and determinations outlined in Section 25-7-110.8(1), C.R.S., are not applicable to this rulemaking.

III. Adopted: July 17, 1998

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The Environmental Protection Agency promulgated New Source Performance Standards (NSPS) and Emission Guidelines (EG) for Hospital, Medical, Infectious Waste Incinerators on September 15, 1997. The State of Colorado is required under Section 110 of the Federal Clean Air Act, as amended, to adopt such NSPS and EG standards and revisions into its regulations in order to maintain agency authority with regard to the Standards. The action taken today is an adoption by reference of the federal regulations and in no way deviates from the federal requirements. This regulation does impose new and more stringent requirements on the affected facilities and will cause a significant fiscal impact on the affected facilities.

Specific Statutory Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act. Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C. R. S., as amended.

Purpose

The Commission makes the following findings and determinations pursuant to Section 25-7-110.8, C.R.S.:

1. The Commission has considered, and has based its decision, on the reasonably available, validated, reviewed and sound scientific methodologies and information made available by interested parties.

2. Evidence in the record supports the conclusion that the operating limitations adopted will result in a demonstrable reduction in air pollution when taken in conjunction with the Federal New Source Performance Standard and Emissions Guideline.

3. The alternative selected maximizes the air quality benefits of the emissions standards applicable.

IV. Adopted: November 18, 1999

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The EPA has promulgated revisions to the federal Standards of Performance for New Stationary Sources (NSPS). The state of Colorado is required under Section 110 of the federal Clean Air Act as amended to adopt such NSPS standards and revisions into its regulations in order to maintain agency authority with regard to the Standards.

Specific Statutory Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act. Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. In addition, Section 25-7-102 requires the Commission to use all available practical methods that are technically feasible and economically reasonable to adopt federal regulations by reference. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C. R. S., as amended.

Purpose

The EPA has developed emission control regulations for specific categories of new sources based upon research that examines the technical and economic feasibility and the current; best demonstrated controls being used on specific source categories. The Commission is adopting these revisions to the federal rules in order to maintain administrative authority and referencing accuracy.

LANDFILL

June 16, 1998

Definitions

The definition of a new source has been changed to include modification. This change makes the landfill regulation consistent with other new source performance standards.

The definition of modification has been clarified so that changes in compaction, cover material or thickness, and bailing and compaction practices do not trigger a modification. These changes would not typically require a capital expenditure and so would not trigger the New Source Performance Standards.

The definition of design capacity is being clarified so that sources may state design capacity in terms of volume or mass.

Compliance Dates

The compliance dates section is being modified to clarify that landfills have 30 months to install a collection and control system once the landfill becomes affected.

TITLE V PERMITTING

This change clarifies that sources with design capacities of 2.5 million megagrams of 2.5 million cubic meters are subject to title V permit requirements.

MONITORING

This change clarifies that a temperature-measuring device does not need to be permanently installed at each wellhead.

February 24, 1999

Clarifies the definition of modification so that it is clear that a modification is an increase in the permitted volume of the landfill. Other changes were clarifications in the required reporting and typographical.

ELETRIC ARC FURNACES

March 2, 1999 Changes

Amends the NSPS for electric arc furnaces under 40 CFR Part 60, Subparts AA and AAa. The changes add alternative requirements for monitoring and capture systems.

COAL UPLOADING

October 5, 1998 changes

Amends 40 CFR Part 60 , Subpart Y to include coal unloading that involves conveying coal to coal plant machinery and includes and fugitive emissions from coal dumping in the determination of major source status.

UTILITY AND INDUSTRIAL STEAM GENERATION

September 16, 1998

Amends 40 CFR Part 60, Subparts Da and Db. This change reduces the numerical NOx emission limits for utility and industrial steam generating units to reflect the performance of best-demonstrated technology.

TEST METHODS

May 14, 1999

Addition of three new optional test methods for measuring velocity and volumetric flow rate of flue gas from fossil fuel fired boilers and turbines. The new methods account for velocity drop off near the wall and yaw and pitch angles of flow. NOTE: this Federal Register includes both final and proposed rules. The State of Colorado is requesting adoption of the final rules not the proposed rules.

Adoption of Subpart III for Synthetic Organic Chemical Manufacturing Industries

EPA promulgated this subpart in 1990 but it has not previously been adopted into Regulation Number 6. Colorado has seen some growth in the SOCMI industry, but currently has no sources covered by this subpart.

1. The Commission has considered, and has based its decision, on the reasonably available, validated, reviewed and sound scientific methodologies and information made available by interested parties.

2. Evidence in the record supports the conclusion that the operating limitations adopted will result in a demonstrable reduction in air pollution when taken in conjunction with the Federal New Source Performance Standard.

3. The alternative selected maximizes the air quality benefits of the emissions standards applicable.

V. Adopted: January 11, 2001

Incorporation by Reference of Federal Amendments to 40 CFR Part 60 , Subparts A, Db, Ea, and WWW into Colorado Air Quality Control Commission Regulation Number 6, Part A.

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of federal regulations incorporated by reference. Section 111 of the 1990 Clean Air Act Amendments was enacted to help reduce the levels of air pollutant emissions from new stationary sources nationwide. Pursuant to this section, the EPA was given the authority to promulgate New Source Performance Standards. These standards are set forth at 40 CFR Part 60.

Basis

The EPA has promulgated revisions to the following current new source performance standards (NSPS): 40 CFR Part 60, General Provisions (Appendices A and B), Guideline for Control of Existing Municipal Solid Waste Landfills, Industrial-Commercial-Institutional Steam Generating Units, and federal Plan Requirements for Large Municipal Waste Combustors Constructed On or Before September 20, 1994. The State of Colorado is required to adopt such revisions into its regulations. This rulemaking adopts these revisions to the current NSPSs.

Authority

Sections 25-7-105(1)(b) and 25-7-109, C.R.S. (2000) authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources.

Purpose

Adoption of the federal amendments to 40 CFR Part 60, Subparts A, Db, Ea, and WWW will make these revised NSPSs enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information.

VI. Adopted: February 21, 2002

Incorporation by Reference of Federal Amendments to and New Standards contained in 40 CFR Part 60 into Colorado Air Quality Control Commission Regulation Number 6, Part A.

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (2001), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of federal regulations incorporated by reference. Section 111 of the 1990 Clean Air Act Amendments was enacted to help reduce the levels of air pollutant emissions from new stationary sources nationwide. Pursuant to this section, the EPA was given the authority to promulgate New Source Performance Standards. These standards are set forth at 40 CFR Part 60.

Basis

The EPA has promulgated revisions to the following current new source performance standards (NSPS): 40 CFR Part 60, Subparts A, D, Da, Db, Dc, E, Ea, Eb, Ec, F, H, J, K, Ka, Kb, L-N, Na, O, P, S, T-Z, AA, Aaa, BB-EE, GG, HH, KK-NN, PP-XX, BBB, DDD, FFF, GGG-LLL, NNN-RRR, TTT, UUU, WWW, and Appendices A and B. In addition, the EPA has promulgated two new standards: 40 CFR Part 60 , Subparts AAAA (Standards of Performance for Small Municipal Waste Combustion Units for which Construction is Commenced after August 30, 1999 or for which Modification or Reconstruction is Commenced after June 6 2001), and CCCC (Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced after November 30, 1999 or for which Modification or Reconstruction is Commenced on or after June 1, 2001). The State of Colorado is required to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions to the current NSPSs and new NSPSs.

Authority

Sections 25-7-105(1)(b) and 25-7-109, C.R.S. (2001) authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources.

Purpose

Adoption of the federal amendments to and new standards contained in 40 CFR Part 60 will make these revised NSPSs and new NSPSs enforceable under Colorado law. Adoption of the amendments and new standards will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information.

VII. Adopted: July 15, 2004

Incorporation by Reference of Federal Amendments to 40 CFR Part 60 into Colorado Air Quality Control Commission Regulation Number 6, Part A.

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (2001), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of federal regulations incorporated by reference. Section 111 of the 1990 Clean Air Act Amendments was enacted to help reduce the levels of air pollutant emissions from new stationary sources nationwide. Pursuant to this section, the EPA was given the authority to promulgate New Source Performance Standards. These standards are set forth at 40 CFR Part 60.

Basis

The EPA has promulgated revisions to the following current new source performance standards (NSPS): 40 CFR Part 60, Subparts A, D, Da, Db, Dc, Ea, Eb, Ec, J, Kb, CC, GG, NN, XX, SSS, GGG, CCCC, Appendix B and Appendix F. The State of Colorado is required to adopt such revisions into its regulations. This rulemaking adopts these revisions to the current NSPSs.

Authority

Sections 25-7-105(1)(b) and 25-7-109, C.R.S. (2001) authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources.

Purpose

Adoption of the federal amendments to 40 CFR Part 60 will make these revised NSPSs enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information.

VIII. Adopted: September 21, 2008

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The EPA promulgated a new federal NSPS for Other Solid Waste Incineration Units (OSWI) on December 16, 2005 at 40 CFR Part 60, Subpart EEEE. In addition, EPA promulgated amendments to the following standards: 40 CFR Part 60, Subparts Cb, Da, Db, Dc, AA, AAa, GG, and Appendix B. The State of Colorado is required under Sections 110 of the Federal Clean Air Act, as amended, to adopt such NSPS and Emission Guidelines into its regulations in order to maintain agency authority with regard to the Standards.

Specific Statutory Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act. Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C. R. S., as amended.

Purpose

Adoption by reference of amendments to the federal regulations at 40 CFR Part 60 , Subparts Cb, Da, Db, Dc, AA, AAa, GG, and Appendix B will make these revised standards enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information. Further, these revisions will include any typographical and grammatical errors throughout the regulation.

IX. Adopted: February 6, 2007

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis for the Colorado Utility Mercury Reduction Program

The U.S. Environmental Protection Agency (EPA) promulgated the Clean Air Mercury Rule (CAMR) on May 18, 2005. The CAMR includes Emission Guidelines for Coal-Fired Electric Steam Generating Units at 40 CFR Part 60, Subpart HHHH (Model Rule); revisions to the New Source Performance Standard (NSPS) for Electric Utility Steam Generating Units at 40 CFR Part 60, Subpart Da; and revisions to definitions for the Acid Rain Program at 40 CFR Part 72 . The CAMR sets up an interstate cap and trade program for mercury (Hg) emissions.

The CAMR allocates to each state an annual mercury emissions budget, wherein each "allowance" equates to one ounce of Hg allowed to be emitted in a given year. The CAMR sets a national, first phase cap for Hg emissions of 38 tons per year (tpy) for 2010-2017 (21 percent reduction), and then a second phase cap of 15 tpy (70 percent reduction) which becomes effective in 2018. In accordance with Section 111(d) of the federal Clean Air Act, states adopting Emission Guidelines under Subpart HHHH are required to submit plans demonstrating how mercury emissions from coal-fired power plants will be limited consistent with the federal standards of performance.

In addition, the State of Colorado is required under Section 111 of the federal Clean Air Act, as amended, to adopt Standards of Performance and Emission Guidelines into its regulations in order to maintain agency authority with regard to the Standards. Section 116 of the Clean Air Act, CAMR and the Colorado Revised Statutes authorize Colorado to adopt source-specific Hg emission limitations for Coal-Fired Electric Steam Generating Units and to provide for compliance with such limitations on an advanced timetable. State plans were originally due to EPA on November 17, 2006. Colorado, like many other states, did not submit its state plan by that date. It is the Commission's intention that Colorado's state plan be submitted to EPA expeditiously, and that Colorado implement its state plan for all Hg control periods. The Commission does not intend for the Model Rule or federal plan to be imposed by default upon Colorado for any control period. The Commission's adoption of the Colorado Utility Mercury Reduction Program on February 6, 2007 will meet minimum EPA requirements help ensure timely EPA approval, and secure significant reductions in Hg emissions for the citizens and environment of Colorado.

Specific Statutory Authority

Sections 25-7-105(1)(b), 25-7-109(1)(a), (2)(h) and (4), and 25-7-109.3, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to hazardous air pollutants. Section 25-7-106(6), C.R.S. authorizes the Commission to require testing, monitoring and record keeping.

Purpose

Hg is a listed hazardous air pollutant under federal and Colorado law. Adoption of a state plan for controlling Hg emissions from coal-fired electric steam generating units, including incorporation by reference of certain provisions of the CAMR, coupled with technology-based performance standards, will ensure that Hg emission reduction objectives in Colorado are met. 40 CFR Part 60 identifies the provisions of Subpart HHHH that states must adopt to secure EPA's approval to engage in interstate trading. The CAMR provides flexibility to states to adopt methodologies for allocating Hg emission allowances, and establishes minimum guidelines for states to notify EPA of allowance allocations. The Commission adopted by reference certain provisions of Subpart HHHH, in order to secure EPA's approval for Colorado's state plan. The Commission has adopted by reference the text of the remaining provisions, CFR Title 40 Part 60, Sections 4140 through 4142, with adjustments (including state law limitations on allocations and promulgation of technology-based performance standards) to fulfill state emissions control objectives.

Mercury Emission Estimates

There is uncertainty regarding actual Hg emissions in Colorado, and a possibility that the EPA has provided Colorado with a surplus of Hg emission allowances. An excess allocation of Colorado's Hg allowances could lead to benefits for certain facilities without any concomitant reduction of their Hg emissions. An excess allocation could also delay installation of Hg controls by units that bank any surplus they receive. Excess allowances could also be transferred or traded to facilities in other states delaying regional and national Hg reductions. Finally, there is also uncertainty regarding the ultimate fate of the CAMR, as several states have sued EPA over objections to the CAMR, and various states have indicated an unwillingness to engage in Hg emissions trading or otherwise adopt the CAMR by reference.

In light of all of the foregoing, the Commission does not believe that it would be appropriate to initially allocate the full amount of Colorado's annual Hg emissions budget. The Commission instead finds that Hg allowances shall be allocated to facilities in Colorado for the sole purpose of complying with the Colorado Utility Mercury Reduction Program, reserving remaining allowances for well-controlled new Coal-Fired Electric Steam Generating Units and maximizing the remaining allowances held in trust for the people of Colorado.

Compliance Allowances

Colorado General Account. Therefore, Colorado will limit its annual allocations to Hg budget units in the following manner. EPA will annually allocate all of the Hg allowances in Colorado's budget (1412 lbs. per year in 2010-2017 and 558 lbs per year in 2018 and beyond) to the Division to be held in the Division's Clean Air Markets Division General Account. The Division, in turn, will allocate allowances out of its account to each Unit in an amount equal to that Unit's actual emissions for that year. This allocation will also be consistent with the applicable technology-based emission limit included in each Unit's permit, as discussed below. The state's allocation methodology is intended to ensure that each Unit receives the amount of allowances it needs to cover actual emissions (to the extent possible), and achieves actual and significant Hg emission reductions in a timely manner. The Division maintaining control of allowances will achieve this result. Out of the annual state budget amount, up to 95 percent will be allocated to Existing Units, and 5 percent will be allocated to New Units in 20102017.

In 2018 and beyond, these percentages will change to 97 percent (Existing Units) and 3 percent (New Units). The Division will transfer allowances to Units upon certification that the actual Hg emissions in the preceding year on the basis of advanced Hg emission monitoring systems. The state will be prohibited from distributing allowances for a control period in an amount greater than actual emissions, consistent with the applicable emission limitations. Similarly, the owners and operators of Coal-Fired Electric Steam Generating Units in Colorado will only use such allowances for compliance with Colorado's Utility Mercury Reduction Program. At the same time, Colorado will identify in advance the allowances projected to be available for such actual emissions to aid planning and compliance for owner/operators of affected facilities. Unallocated allowances will also be held in this account for new Coal-Fired Electric Steam Generating Units meeting a protective Hg emission limitation. The Division intends to commence a rulemaking prior to July 2007 to evaluate the adequacy of Hg emission limitations for such New Units and, as appropriate, adopting revised limits. Any unallocated allowances will remain in Division's General Account with EPA's Clean Air Markets Division or will be transferred to the Colorado Citizens' Mercury Reductions Trust as provided below.

Colorado Citizens' Mercury Reductions Trust. The state will establish a second account for unallocated allowances denominated the Colorado Citizens' Mercury Reductions Trust. This account will be established by October 1, 2007 for the purpose of creating a durable mechanism to hold unallocated allowances in trust for the sole benefit of human health and the environment in Colorado. The Colorado Citizens' Mercury Reductions Trust is thus provided for in these rules. On July 1, 201660 percent of all allowances held in the Division's General Account shall be immediately transferred to the Colorado Citizens' Mercury Reductions Trust. On July 1, 2019, and every five years thereafter, 60 percent of allowances that have been added to the Division's General Account since the date of the last transfer of allowances to the Colorado Citizens' Mercury Trust shall be transferred to that trust account. Provided, however, that at any time, any interested person may submit a request for rulemaking before the Commission in which it requests that a higher or lower percentage of allowances be transferred into the Colorado Citizens' Mercury Reductions Trust on a one time or periodic basis. The Commission would promptly convene a rulemaking hearing and review such request considering: the availability of allowances to cover actual emissions for new and existing Coal-Fired Electric Steam Generating Units complying with the Colorado Utility Mercury Reduction Program and the goal of maximizing allowances permanently held in the Colorado Citizens' Mercury Reductions Trust for the benefit of human health and the environment.

Safety Valve

If allowances remain in the Division's General Account after all initial allocations to New and Existing Units have been made in any given year, any units that have an allocation deficit may request additional allowances for the sole purpose of holding allowances equivalent to actual emissions, via a "safety-valve" provision. Under this provision, the Division will allocate allowances to cover emissions from:

1) Existing Units whose actual emissions exceed their allocation amount; and

2) New Units that were not considered in the current allocation period, whose actual emissions exceed their allocation amount. If a source is allocated more allowances out of the Division's General Account than are needed to cover its actual emissions for a control period, the Division will automatically reduce the next provision of additional allowances by the amount of the excess provided previously. This will provide a disincentive for requesting more additional allowances than is actually needed.

If there are not enough allowances to cover the actual emissions for new and existing Coal-Fired Electric Steam Generating Units, the available allowances will be allocated to each subject Hg Budget Unit on a pro-rata basis, in an amount determined by multiplying the total amount of Hg allowances allocated for each control period by the ratio of the baseline heat input of such subject Hg Budget Unit to the total amount of baseline heat input of all such subject Hg Budget Units in the state and rounding to the nearest whole allowance as appropriate. Provided, however, that under no circumstances shall a Unit receive allowances greater than its actual emissions under the Colorado Utility Mercury Reduction Program. Any allowances remaining in the Division's General Account after the allowance transfer deadline will continue to be held in the Division's General Account unless transferred to the Colorado Citizens' Mercury Reductions Trust as provided for above.

Limitation on CAMR Allowances

Allowances allocated to Colorado under CAMR shall not be used for purposes other than those provided for herein. Because units only receive amounts equal to their actual emissions, units will not have extra allowances from Colorado's Utility Mercury Reduction Program allocation to bank, trade, transfer, or sell.

Mercury Reductions: Technology-Based Performance Standard Under the Colorado Utility Mercury Reduction Program

Mercury Limits in Effect. The Comanche Power Station and the Lamar Power Station shall adhere to the Hg emission limits and requirements applicable to those coal-fired electric generating units under permits and agreements in effect.

Phase I Early Mercury Reduction Program in 2012. Beginning on January 1, 2012, Xcel Energy's Pawnee Power Station in Brush, and Platte River Power Authority's Rawhide power plant in Wellington, shall achieve either an 80% capture of inlet Hg or an Hg output-based emission limit of 0.0174 pounds of Hg per Gigawatt hour (lbs/GWh). Compliance with such limits shall be demonstrated on December 31, 2012 and on an annual rolling average basis thereafter. The Division and the owners and operators of Hg Budget Units recognize that achieving dates for compliance in 2012, 2014, and 2018 requires that the Division issue the relevant permits in the timeframes provided in Section IV.B. of the Rule. The Division will use its best efforts to meet the dates in the Rule for permit issuance. If a permit is not issued within the time set forth in the Rule, the parties will confer in an effort to minimize the resulting delays both in installation of Hg emissions controls and in the dates for required compliance with emissions standards.

Phase I Hg Emissions Reduction Requirements in 2014. Beginning on January 1, 2014, all existing coal-fired electric generating units in Colorado, excluding sources with limits in effect and low emitters, will be required to install and operate Hg emission controls designed as necessary to achieve either an 80% capture of inlet Hg or an Hg output-based emission limit of 0.0174 pounds of Hg per Gigawatt hour (lbs/GWh). Beginning on July 1, 2014, such sources will need to achieve either an 80% capture of inlet Hg or an Hg output-based emission limit of 0.0174 pounds of Hg per Gigawatt hour (lbs/GWh). Compliance with such limits shall be demonstrated on December 31, 2014 on the basis of 6 months of data generated beginning on July 1, 2014, and on an annual rolling average basis beginning June 30, 2015 and thereafter.

Phase II Hg Emission Limits in 2018. Beginning on January 1, 2018 all existing coal-fired electric generating units in Colorado, excluding sources with limits in effect and low emitters, shall achieve either a 90% capture of inlet Hg or an Hg output-based emission limit of 0.0087 lbs/GWh. Compliance with such limits shall be demonstrated on December 31, 2018, and on an annual rolling average basis thereafter. Low Emitters are coal-fired units emitting 29 pounds of Hg or less on an annual basis. Such units shall be exempted from the technology-based emissions standards of the Colorado Utility Mercury Reduction Program. At the end of each calendar year, if the cumulative annual Hg mass emissions from an affected unit have exceeded 29 pounds, then the owner shall install, certify, operate, and maintain a Hg concentration monitoring system or a sorbent trap monitoring system no later than 180 days after the end of the calendar year in which the annual Hg mass emissions exceeded 29 pounds. For common stack and multiple stack configurations, installation and certification of a Hg concentration or sorbent trap monitoring system on each stack (except for bypass stacks) is likewise required within 180 days after the end of the calendar year. The Low Emitter shall also be subject to the enforceability provisions of this Rule.

Alternative Standards for Compliance

Sources that demonstrate that they are unable to meet the Hg emission standards under the Colorado Utility Mercury Reduction Program can request that the Division set an alternative, unit-specific standard. This "Best Available Mercury Control Technology Alternate Standard" provides for an alternative compliance mechanism for sources that cannot achieve the underlying standard, before and/or after installation of controls, despite their best efforts to do so. The Division will review requests for alternative standards and either approve or deny such requests considering information provided by the applicant, the Division's expertise and information, and after providing adequate opportunity for public input.

The Best Available Mercury Control Technology Alternative Standard can provide what utilities have termed a "soft landing" in the event a unit is unable to achieve the base emission standards. The Commission does not intend for alternative standards to provide a perpetual "soft landing" or a mechanism to avoid compliance with applicable standards. When a unit is unable to achieve the underlying base standard (and that inability is identified either before or after the installation of Hg emission controls, and either before or after the 20102017 and 2018 and beyond control periods), the unit must submit an application for an alternative standard, which shall include a compliance plan for achieving that alternative standard. Once the Division approves or disapproves the permit application, the approved alternate standard and associated compliance plan (or the underlying base standard in the event of disapproval) shall become enforceable as to that unit. The "safe harbor" or enforcement discretion provided by Section IV.D.2 is not intended to allow a unit to avoid liability by submitting multiple permit modifications.

Review of Limits for New Sources

The Division intends to commence a rulemaking prior to July 2007, to review the adequacy of Colorado's Hg emission limitations for new coal-fired electric generating units.

Timing of Allocations

CAMR provides states with the flexibility to determine an alternative to the EPA's Model Rule for the timing of allocation determinations, in order to suit individual state objectives. The Commission believes that it is appropriate for Colorado sources to demonstrate actual Hg emissions at the conclusion of each year and for the state to distribute available allowances on the basis of actual emissions in accordance with the Colorado Utility Mercury Reduction Program strictly as necessary to assure compliance. The Commission understands that, at the same time, the Division will identify in advance the allowances projected to available for such actual emissions to aid planning and compliance for owners/operators of affected facilities.

Additional Considerations

The CAMR specifically allows states the flexibility to adopt allocation methodologies and timing that are not identical to those in the federal Model Rule. By taking advantage of this flexibility, Colorado's rule is thus consistent with the federal rule. To the extent the adopted state rule may be viewed as differing in some respects from the federal CAMR, the Commission provides the following additional statement, consistent with §§ 25-7-110.5(5)(a) and 110.8, C.R.S.

(I) Certain federal requirements are applicable. Colorado is required to submit a state plan for complying with the Hg new source performance standards, in accordance with Section 111(d) the federal Clean Air Act. Failure to submit a state plan will result of imposition of the federal plan. The Commission intends for Colorado to be in charge of its own Hg control strategy (including allocations), rather than deferring such regulation to EPA.

(II) The CAMR is performance based, as it sets forth standards of performance for coal-fired power plants. The CAMR provides flexibility to states and sources that participate in the CAMR, regarding how to reduce Hg emissions and otherwise meet the performance standards, as long as the national cap on emissions is met.

(III) Data regarding Hg emissions was considered in the federal process leading up to the CAMR. However, accurate data regarding actual Hg emissions and the fate and transport of such emissions (both in Colorado and nationwide) is limited and contains many uncertainties. The Commission concluded that the adopted rule will provide reductions in Colorado Hg emissions in a more appropriate and timely manner than the CAMR.

(IV) The adopted rule will provide certainty to sources, by providing allocations for compliance, specified technology-based performance standards, and clear timing requirements.

(V) The state and federal rules have similar time frames for implementation.

(VI) The adopted rule, and in particular the provisional allocations, safety valve, state general compliance account, and ability of units to obtain shortfall allowances via purchase, will assist in establishing and maintaining a reasonable margin for accommodation of uncertainty and future growth.

(VII) The adopted rule establishes reasonable equity for sources subject to the rule by providing the same allocation methodologies for all sources.

(VIII) If the state rule were not adopted, public health and welfare and the environment could face increased costs associated with delays in installation of Hg controls.

(IX) There are some different monitoring requirements in the state rule, which are necessary to demonstrate compliance with the state's technology-based performance standard.

(X) Demonstrated technology is available to control Hg emissions. The rule is based upon reasonably available, validated, reviewed, and sound scientific methodologies, and the Commission has considered all information submitted by interested parties.

(XI) The adopted rule will contribute to the prevention of pollution by reducing Hg emissions.

(XII) Although alternative rules were previously presented to and considered by the Commission, the Commission determined that the adopted proposal, which had consensus support amongst all parties to the rulemaking, was the most appropriate. The adopted rule provides mechanisms for early reduction of Hg in Colorado, while also providing flexibility for sources and future growth.

(XIII) After consideration of all the evidence in this rulemaking, the Commission determined that the rule will result in demonstrable reduction in Hg emissions and will concurrently bring about reduced risks to human health and the environment that justify the costs to implement and comply with the rule.

(XIV) EPA apparently believes that the model cap and trade rule is the most cost effective approach to reducing Hg emissions on a national level. In light of uncertainties associated with Hg emissions in Colorado, full allocation under the Model Rule may not result in timely and meaningful Hg emission reductions in Colorado. Full adoption of the CAMR may delay installation of Hg controls in Colorado, and lead to increased costs to public health and the environment.

(XV) The Commission determined that the selected regulatory alternative will maximize the air quality benefits of regulation, including reducing Hg emissions, in the most cost-effective manner.

X. Adopted: October 18, 2007

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The EPA promulgated a new Federal NSPS for Stationary Spark Ignition Internal Combustion Engines on June 26, 2006 at 40 CFR Part 60, Subpart IIII and for Stationary Combustion Turbines on July 6, 2006 at 40 CFR Part 60 , Subpart KKKK. In addition, EPA promulgated amendments to the following standards: 40 CFR Part 60, Subparts A, Da, Db, Dc, EEEE, and Appendices A, B and F. The State of Colorado is required under Sections 110 of the Federal Clean Air Act, as amended, to adopt such NSPS and Emission Guidelines into its regulations in order to maintain agency authority with regard to the Standards.

Specific Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Commission action in promulgating these revisions is taken pursuant to Section 25-7-105 to -109 and 25-7-114, C.R.S., as amended.

Purpose

Adoption by reference of amendments to the federal regulation at 40 CFR Part 60, including Subparts A, Da, Db, Dc, EEEE, IIII and KKKK, and Appendices A, B and F will make these revised standards enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information. Further, these revisions will include any typographical and grammatical errors throughout the regulation.

XI. Adopted: October 16, 2008

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The EPA promulgated a new federal New Source Performance Standard (NSPS) for Other Solid Waste Incineration units that commenced construction on or before December 9, 2004 on December 16, 2005 at 40 CFR Part 60. Note that in 2006, the AQCC adopted, NSPS, Subpart EEEE - Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006 - for new and modified sources. The Commission now believes it has existing sources, and is thus moving to incorporate by reference NSPS, Subpart FFFF specific to existing sources. The State of Colorado is required under Section 110 of the Federal Clean Air Act, as amended, to adopt such NSPS and Emission Guidelines into its regulations in order to maintain agency authority with regard to the Standards.

Specific Statutory Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act, Section 25-7-105(1)(b). Specific authority is found at Section 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C. R. S., as amended.

Purpose

Adoption by reference of an amendment to the federal regulations at 40 CFR Part 60 , specifically Subpart FFFF will make these revised standards enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information. Further, corrections will be made to any typographical and grammatical errors throughout the regulation. The reference to NSPS, Subpart IIII was corrected to include compression and not spark ignition engines.

XII. Adopted: November 20, 2008

Adoption of Clean Air Mercury Rule (CAMR) monitoring, recordkeeping and reporting requirements as state-only requirements into Colorado's Utility Mercury Reduction Rule (Colorado's Mercury Rule) in light of the D.C. Circuit Court of Appeals' decision to vacate CAMR.

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

In February 2008 the D.C. Circuit Court of Appeals vacated the CAMR. Colorado's mercury rule relied on EPA's CAMR for the monitoring, recordkeeping and reporting requirements. Because the CAMR has been vacated and monitoring would have started under CAMR on January 1, 2009, Colorado's Mercury Rule is incomplete. Further, if the CAMR vacature is upheld there will be incomplete monitoring, recordkeeping or reporting requirements associated with Colorado's Mercury Rule. These amendments to Regulation Number 6 set state-only Hg monitoring, recordkeeping and reporting requirements for new, modified and reconstructed electric generating units. These state-only requirements may be considered more stringent than federal requirements. The Commission intends to adopt CAMR's monitoring, recordkeeping and reporting requirements, largely verbatim, including the 2009 monitoring date, into Colorado's Mercury Rule in Regulation Number 6, Part B, Section VIII. with the following changes: The Division would require submittal of quarterly and annual summary reports in place of the electronic reporting format. The Division does not have the capability to read the electronic Excess Emission Report (EER) data format and the Colorado regulation requires a percent reduction or lb/GWh standard not addressed by EPA's EERs. The Division would not require sources to use data substitution routines. The Division would rather have the source monitor and report monitor downtime to better determine monitor availability and actual mercury emissions. Also the Commission intends to move applicable definitions from Regulation Number 6, Part A, Subpart HHHH to Regulation Number 6, Part B, Section VIII. and remove the no longer applicable mercury trust provisions of Section VIII.

Authority

Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources.

Purpose

The Commission intends that the CAMR monitoring, recordkeeping and reporting requirements agreement reached by parties and approved by the Commission in 2007 remain in effect. This regulation addresses the D.C. Circuit Court of Appeals' decision to vacate CAMR and the associated impacts on Colorado's Mercury Rule. If the CAMR vacature is upheld there will be incomplete monitoring, recordkeeping or reporting requirements associated with Colorado's Mercury Rule and thus monitoring, recordkeeping and reporting requirements intended to begin on January 1, 2009 could effectively be delayed. The Commission is adopting these monitoring, recordkeeping and reporting ("MRR") provisions in Section VIII. of Regulation Number 6 because of the Court's vacature of CAMR, which included the supporting MRR provisions in 40 CFR Parts 60 and 75. It is anticipated that at some time in the future the EPA will adopt a set of complete Hg related MRR provisions to support a federal program as well as various states' Hg reduction programs. After EPA finalizes MRR provisions for Hg, the Commission intends to revisit these state-only MRR provisions, in order to consider whether they should be repealed or otherwise amended in order to avoid duplicative requirements. This regulation also corrects typographical, grammatical and formatting errors.

Additional Considerations

The Commission provides the following additional statement, consistent with §§ 25-7-110.5(5)(a) and 110.8, C.R.S.

(I) Certain federal requirements are applicable under CAMR, however a vacature would void those requirements.

(II) CAMR's New Source Performance Standards (NSPS) are performance based, as they set forth standards of performance for coal-fired power plants. The NSPS provides flexibility to states and sources regarding how to reduce Hg emissions and otherwise meet the performance standards.

(III) Data regarding Hg emissions and control technologies was presumably considered in the federal process leading up to the NSPS. However, accurate data regarding actual Hg emissions and the fate and transport of such emissions (both in Colorado and nationwide) is limited and contains many uncertainties. The Commission concluded that the adopted rule will provide reductions in Colorado Hg emissions in a more appropriate and timely manner than the NSPS, and thus the monitoring, recordkeeping and reporting components are essential to demonstrate these reductions.

(IV) The adopted rule will provide certainty to sources, by providing necessary monitoring, recordkeeping and reporting mechanisms and clear timing requirements to ensure the achievability of the specified technology-based performance standards.

(V) The state and federal rules have similar time frames for implementation; however, this may change if the CAMR vacature is upheld.

(VI) The adopted rule will assist in establishing and maintaining a reasonable margin for accommodation of uncertainty and future growth.

(VII) The adopted rule establishes reasonable equity for sources subject to the rule by providing the same standards for similarly situated sources.

(VIII) If the state rule were not adopted, public health and welfare and the environment could face increased costs by not having the necessary Hg monitoring, recordkeeping and reporting requirements to ensure the achievability of the specified technology-based performance standards and may lead to selection of less effective Hg controls to comply with the Hg emission standards.

(IX) There are some different monitoring requirements in the state rule provisions compared to CAMR, including:

The Division would require submittal of quarterly and annual summary reports in place of the electronic reporting format. The Division does not have the capability to read the electronic Excess Emission Report (EER) data format and the Colorado regulation requires a percent reduction or lb/GWh standard not addressed by EPA's EERs.

The Division would not require sources to use data substitution routines. The Division would rather have the source monitor and report monitor downtime to better determine monitor availability and actual mercury emissions.

In addition, the state rule would differ substantially from the federal rule if the CAMR vacature were upheld.

(X) Demonstrated technology is available to control and monitor Hg emissions. The rule is based upon reasonably available, validated, reviewed, and sound scientific methodologies, and the Commission has considered all information submitted by interested parties.

(XI) The adopted rule will give assurance that the prevention of pollution efforts of the Colorado Mercury Rule Hg emission standards will be met by setting monitoring, recordkeeping and reporting requirements for Hg emissions.

(XII) A no action alternative would not address the required standard, and could essentially be a decision that monitoring requirements do not need to be in place beginning January 1, 2009. The Commission determined that monitoring, recordkeeping and reporting, consistent with the 2007 consensus agreement and the Commission's 2007 rulemaking, were appropriate.

(XIII) These amendments are largely administrative in nature, in that they reaffirm a previous Commission decision, and relate to monitoring and recordkeeping to demonstrate Hg emissions and compliance with emission standards. These amendments will provide assurance that the prevention of pollution efforts of Colorado's Mercury Rule Hg emission standards will be met by setting appropriate monitoring, recordkeeping and reporting requirements for Hg emissions.

(XIV) Mere adoption of the federal NSPS may delay or avoid installation of appropriate Hg controls in Colorado, and lead to increased costs to public health and the environment.

(XV) The Commission determined that the selected regulatory alternative would maximize the air quality benefits of regulation, including reducing Hg emissions, in the most cost-effective manner.

XIII. Adopted: June 18, 2009

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The EPA promulgated amendments to the following standards: 40 CFR Part 60 , Subparts A, D, Da, Db, Dc, and J. The State of Colorado is required under Sections 110 of the Federal Clean Air Act, as amended, to adopt such NSPS and Emission Guidelines into its regulations in order to maintain agency authority with regard to the Standards.

Specific Statutory Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act. Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C. R. S., as amended.

Purpose

Adoption by reference of amendments to the federal regulations at 40 CFR Part 60 , Subparts A, D, Da, Db, Dc, and J will make these revised standards enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information. Further, these revisions will include any typographical and grammatical errors throughout the regulation.

XIV. Adopted June 17, 2010

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The EPA promulgated amendments to the following standards: 40 CFR Part 60, Subparts A, Y, Ce, Ec, OOO, KKKK. In addition, EPA promulgated amendments and made corrections to the test methods in Subpart NNN, and Appendices A-2, A-4, and 7E. The State of Colorado is required under Sections 110 of the Federal Clean Air Act, as amended, to adopt such NSPS and Emission Guidelines into its regulations in order to maintain agency authority with regard to the Standards.

Specific Statutory Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C. R. S., as amended.

Purpose

Adoption by reference of amendments to the federal regulations at 40 CFR Part 60, Subparts A, Y, Ce, Ec, OOO, NNN, KKKK, and Appendices A-2, A-4, and 7E will make these revised standards enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information. Further, these revisions will include any typographical and grammatical errors throughout the regulation.

XV. Adopted July 21, 2011

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The EPA promulgated amendments to the following standards: 40 CFR Part 60, Subparts A, D, Da, Db, Dc, and F. The EPA also promulgated new standards not previously adopted by the State of Colorado: 40 CFR Part 60, Subparts VVa and GGGa, The State of Colorado is required under Sections 110 of the Federal Clean Air Act, as amended, to adopt such New Source Performance Standards into its regulations in order to maintain agency authority with regard to the Standards.

Specific Statutory Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b). Specific authority is found at 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C. R. S., as amended.

Purpose

Adoption by reference of new regulation and amendments to the federal regulations at 40 CFR Part 60, Subparts A, D, Da, Db, Dc, F, VVa, and GGGa will make these revised standards enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information. Further, these revisions will include corrections of any typographical, grammatical and formatting errors throughout the regulation.

XVI. Adopted February 16, 2012

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The EPA promulgated amendments to the following standards: 40 CFR Part 60, Subpart IIII. The State of Colorado is required under Sections 110 of the Federal Clean Air Act, as amended, to adopt such New Source Performance Standards into its regulations in order to maintain agency authority with regard to the Standards.

Specific Statutory Authority

The general authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b). Specific authority is found at Section 25-7-109, which provides authority to adopt emission control regulations. Section 25-7-106(6) provides the Commission authority to require testing, monitoring and record keeping. Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to -109 and 25-7-114, C. R. S., as amended.

Purpose

Adoption by reference of amendments to the federal regulations at 40 CFR Part 60, Subpart IIII will make these revised standards enforceable under Colorado law. Adoption of the amendments will not impose upon sources additional requirements beyond the minimum required by federal law, and may benefit the regulated community by providing sources with up-to-date information. Further, these revisions will include corrections of any typographical, grammatical and formatting errors throughout the regulation.

XVII. Adopted October 18, 2012

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act, Section 25-7-110.5, C.R.S.

Basis

The EPA promulgated amendments to the following standards: 40 C.F.R. Part 60 , Subparts D-Dc, Ce, Ec, KKK, LLL, and 40 C.F.R. Part 75 . The EPA also promulgated new standards not previously adopted by the State of Colorado: 40 C.F.R. Part 60 , Subparts LLLL, MMMM, and OOOO. The State of Colorado is required under Section 110 of the Clean Air Act ("CAA") to adopt such New Source Performance Standards ("NSPS") into its regulations in order to maintain agency authority with regard to the Standards. The CAA Section 111(c) provides broad flexibility for states to seek, and EPA to grant, delegation of authority to implement the NSPS, including the option for partial or full delegation of the NSPS.

Specific Statutory Authority

Colorado Air Pollution Prevention and Control Act, Colorado Revised Statues ("C.R.S.", 2011), §§ 25-7-105(1)(b) and 25-7-109 authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program. Further, C.R.S. § 25-7-106(6) authorizes the Commission to require testing, monitoring, and recordkeeping. In keeping with the legislative declaration in C.R.S. § 25-7-102, the Commission must consider the "economic, environmental, and energy impacts and other costs" of such emission control regulations. C.R.S. § 25-7-106(1) grants the Commission "maximum flexibility" in the development of the air quality control program, including flexibility in the adoption of emission control regulations. C.R.S. § 25-7-105(1)(b) authorizes the Commission to adopt emission control regulations in conformity with C.R.S. § 25-7-109. C.R.S. § 25-7-109(1) allows the Commission to adopt emission control regulations for sources which are or might be a significant source of emissions, taking into consideration state policy; federal requirements; economic, environmental, and energy costs of compliance; and whether the regulation should be in some way limited. C.R.S. §§ 25-7-109(1)(b)(II) and 25-7-109(1)(b)(V) provide for partial adoption of Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution, found in 40 C.F.R. Part 60, Subpart OOOO ("NSPS OOOO"), to allow the Commission time to evaluate evolving Federal recommendations and requirements, and understand the extent to which the emission to be controlled is significant.

Purpose

Adoption of the federal rules and amendments to federal standards in 40 C.F.R. Part 60 make these rules and revisions enforceable under Colorado law. Adoption of the rules and amendments will not impose upon sources additional requirements beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information.

Partial Adoption of NSPS OOOO

The federal NSPS OOOO applies to natural gas wells, storage vessels, centrifugal compressors with wet seals, reciprocating compressors, pneumatic controllers, leaks and leaking components, and sweetening units. While the Commission is not fully adopting NSPS OOOO, those requirements still apply and are federally enforceable. Partial adoption and partial delegation of authority does not limit the applicability of an otherwise federally enforceable NSPS OOOO. The Commission's partial adoption of NSPS OOOO is specific to provisions for storage vessels, centrifugal compressors with wet seals, reciprocating compressors, pneumatic controllers, leaking components, and sweetening units based on the following two conditions. First, the NSPS provisions for these affected facilities are only adopted to the extent that they already trigger the combination of existing reporting and permitting requirements in Colorado.

Because the emissions associated with the NSPS OOOO affected facilities can vary significantly, both within Colorado and across the nation, the Commission is concerned that adopting these provisions in full may require sources emitting well below the current Colorado reporting and permitting levels to become subject to Colorado reporting and permitting. The Commission proposes to limit the adoption to ensure that the Division can focus resources on those sources with the greatest potential to impact Colorado.

Second, the Commission is adopting the requirements for storage vessels at well sites, associated with exploration and production, only after the first 90 days of production has occurred. This limitation is consistent with the Commission's approach towards exploration and production activities (see the Commission's Regulation Number 3, Part A, Section II.D.1.lll.) allowing owners and operators time to determine if exploration and production activities will result in reportable emissions. Other affected facilities are not included in this condition because either they do not exceed Division reporting and permitting thresholds or their NSPS OOOO requirements do not apply at well sites. At this time, the Commission is delaying adoption of the NSPS OOOO natural gas well provisions.

The Commission needs to determine how best to implement these provisions and whether any revision to Colorado's current reporting and permitting framework are necessary. In addition, the requirements for gas wells prior to 2015, when the more stringent requirements become applicable, are similar to the Colorado Oil and Gas Conservation Commission's 805.b. rule requirements already in place. As a result, the Commission feels there is an opportunity to fully assess the effects of adoption of the natural gas well provisions and plan for a reporting and permitting program that will accommodate such regulation. At this time, the Commission believes these limitations on the adoption of NSPS OOOO are necessary due to the unknown number of affected facilities in Colorado and the potential impact on Commission resources, as well as the potential conflicts with existing regulations and the Commission's reporting and permitting framework. This does not preclude Colorado from pursuing full adoption and thus delegation of authority in the future. Further, these revisions correct typographical, grammatical, and formatting errors throughout the regulation.

NSPS OOOO Terminology

The terminology in Subpart OOOO of this Regulation Number 6, Part A are based on usage and definitions found in 40 C.F.R. Part 60, Subpart OOOO, §§ 60.5360 through 60.5430. It is the intent of the Commission that affected facilities located at "well sites" as defined in 40 C.F.R. § 60.5430 correspond to affected facilities at "oil and gas exploration and production operations (well site and associated equipment)" as used in the Commission's Regulation Number 3, Part A, II.D.1.lll. - temporary exemption from reporting and permitting requirements.

Additional Considerations

The incorporation by reference of NSPS OOOO does not exceed or differ from the requirements of federal rule, except to the extent the Commission is limiting its authority to implement NSPS OOOO to specified facilities. Even then, the applicable terms of Subpart OOOO are identical. Therefore, neither C.R.S. § 25-7-110.5(5)(a) nor C.R.S. § 25-7-110.8 may apply. To the extent these requirements do apply, the Commission makes the following findings under C.R.S. § 25-7-110.5(5)(b):

I. NSPS OOOO is being adopted through incorporation by reference into Colorado Regulation Number 6, Part A, as described above, only to the extent that the identified affected facilities are subject to applicable reporting and permitting thresholds, with two exceptions. At this time, the Commission will not adopt requirements for storage vessels at wells sites until ninety days after the first date of production or for oil and natural gas wells.

II. NSPS OOOO contains performance-based standards for oil and gas production, transmission and distribution facilities. The NSPS is flexible with respect to the means of accomplishing required emissions reductions.

III. EPA adopted these standards to address long-standing concerns regarding the multitude of emission points associated with the affected facilities in question, taking into account data supporting the conclusion that these facilities present a significant source of ozone precursor emissions that must be addressed. This is particularly relevant in areas such as Colorado's Front Range, a nonattainment area, where these sources contributed to ozone levels exceeding the NAAQS.

IV. NSPS OOOO provides the oil and gas production industry with certainty and clarity by establishing standards and monitoring and reporting requirements for affected facilities.

V. There is no timing issue that might justify changing the timeframe for implementation of NSPS OOOO. Federal rule establishes the timeframe.

VI. The partial adoption of NSPS OOOO will assist in establishing and maintaining a reasonable margin for accommodation of uncertainty and future growth.

VII. The partial adoption of NSPS OOOO will establish reasonable equity in the requirements for various sources by ensuring that the affected facilities subject to NSPS OOOO control their emissions in a manner consistent with other comparable sources.

VIII. The partial adoption of NSPS OOOO is not more stringent than the federal NSPS OOOO.

IX. The partial adoption of NSPS OOOO does not include procedural, reporting, or monitoring requirements that differ from federal law.

X. Demonstrated technology is available to comply with NSPS OOOO. The partial adoption of NSPS OOOO will assist in Colorado's effort to attain and maintain compliance with the NAAQS in a cost-effective manner. No alternative would fully address NSPS OOOO. If the Commission were to forego adopting this standard entirely, EPA would implement it. In this case, EPA will implement the portions of NSPS OOOO not adopted by the Commission.

XI. NSPS OOOO is based upon reasonably available, validated, reviewed, and sound scientific methodologies. All validated, reviewed, and sound scientific methodologies and information made available by interested parties was considered by the Commission.

XII. Based on the evidence in the record, NSPS OOOO will result in a demonstrable reduction in emissions and reduced risks to human health and the environment that justify the costs to implement and comply with the rule.

XVIII. Adopted: May 16, 2013

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., and the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.

Basis

The EPA promulgated new standard 40 C.F.R. Part 60 , Subpart Ga and amendments to 40 C.F.R. Part 60, Subparts F, J, Ja, CCCC, DDDD, IIII, and Appendix A.

The State of Colorado is required under Section 110 of the Clean Air Act ("CAA") to adopt such New Source Performance Standards ("NSPS") into its regulations in order to maintain agency authority with regard to the standards. The CAA Section 111(c) provides broad flexibility for states to seek, and EPA to grant, delegation of authority to implement the NSPS.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Colorado Air Quality Control Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program. Further, Section 25-7-106(6) authorizes the Commission to require testing, monitoring, and recordkeeping.

Basis and Purpose

Adoption of the federal rules in 40 C.F.R. Part 60 makes these rules and revisions enforceable under Colorado law. Adoption of the rules will not impose upon sources additional requirements beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information.

XIX. Adopted February 20, 2014

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, C.R.S. §§ 25-7-110 and 25-7-110.5, and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The State of Colorado is required under Section 111 of the Clean Air Act ("CAA") to adopt New Source Performance Standards ("NSPS") into its regulations in order to maintain agency authority with regard to the standards. The CAA Section 111(c) provides broad flexibility for states to seek and EPA to grant, delegation of authority to implement the NSPS.

The EPA promulgated new standards of performance at 40 C.F.R. Part 60 , Subpart OOOO ("NSPS OOOO"), which were adopted in part by the Commission on October 18, 2012. On September 23, 2013, the EPA amended NSPS OOOO. The Commission intends that Colorado now fully adopt NSPS OOOO as amended.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, C.R.S. §§ 25-7-105(1) directs the Commission to promulgate such rules and regulations as are consistent with the legislative declaration set forth in C.R.S. § 25-7-102 and are necessary for the proper implementation and administration of [Article 7]. C.R.S. §§ 25-7-105(1)(b) and 25-7-109 authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program. Further, C.R.S. § 25-7-106(6) authorizes the Commission to require testing, monitoring, and recordkeeping.

Purpose

Adoption of NSPS OOOO will not impose upon sources additional requirements beyond the minimum required by federal law but make this rule enforceable under Colorado law. NSPS OOOO applies to natural gas wells, storage vessels, centrifugal compressors with wet seals, reciprocating compressors, pneumatic controllers, leaks and leaking components at gas plants, and sweetening units. The Commission partially adopted the NSPS OOOO provisions for storage vessels, centrifugal compressors with wet seals, reciprocating compressors, pneumatic controllers, leaking components, and sweetening units to the extent the affected facilities triggered the combination of existing reporting and permitting requirements in Colorado as of October 18, 2012. The Commission also partially adopted the NSPS OOOO provisions for storage vessels at well sites, associated with exploration and production, after the first 90 days of production has occurred. The Commission also delayed the adoption of the NSPS OOOO natural gas well green completion provisions. As part of a larger rulemaking package also involving Regulation Numbers 3 and 7, the Commission now fully adopts all provisions in NSPS OOOO as amended, including the requirements for all affected facilities regardless of emission levels, the requirements for storage vessels and pneumatic controllers at well sites at all times, and the natural gas well green completion provisions.

Storage Vessel vs. Storage Tank

The Commission adopts NSPS OOOO, including the federal definition of "storage vessel." The federal definition of storage vessel excludes manifolded tanks and instead requires that applicability be determined for each individual storage vessel, or tank. NSPS OOOO then applies control requirements to individual storage vessels in a series of tanks, or tank battery. This approach is contrary to Colorado's longstanding approach to the regulation of storage tanks. The Commission's Regulation Number 3 and 7 regulate "storage tanks," which include any single tank or series of tanks which are manifolded together. Regulation Number 7 then applies control requirements to all storage tanks in the tank battery. This difference means that one storage vessel in a battery of storage tanks could be subject to NSPS OOOO requirements, while the remaining storage tanks in a battery would only be subject to Colorado Regulation Numbers 3 and 7 requirements.

This legal distinction between "storage vessel" under NSPS OOOO and "storage tank" under Regulation Number 7 could possibly create uncertainty and increase administrative burdens. The likely practical effect, however, will be that owners and operators will choose to utilize the Regulation Number 7 definition in complying with NSPS OOOO in order to simplify their regulatory burdens.

XX. Adopted August 21, 2014

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

EPA promulgated amendments to 40 C.F.R. Part 60, Subparts Da and Ja. The State of Colorado is required under Section 111 of the Clean Air Act ("CAA") to adopt such New Source Performance Standards ("NSPS") into its regulations in order to maintain agency authority with regard to the standards. The CAA Section 111(c) provides broad flexibility for states to seek, and EPA to grant, delegation of authority to implement the NSPS.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program. Further, Section 25-7-106(6) authorizes the Commission to require testing, monitoring, and recordkeeping.

Basis and Purpose

Adoption of the federal rules in 40 C.F.R. Part 60, Subparts Da and Ja, makes these rules and revisions enforceable under Colorado law. Adoption of the rules will not impose additional requirements upon sources beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information.

XXI. Adopted February 19, 2015

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and Control Act Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The Commission revised Regulation Number 6, Part A and Part B, Section VIII. to align state-only mercury requirements with federal mercury requirements for coal-fired electric steam generating units ("EGUs").

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b), 25-7-106(1)(c), and 25-7-109, Colorado Revised Statutes, authorize the Commission to adopt emission control regulations. Section 25-7-106(6) authorizes the Commission to require monitoring, recordkeeping, and reporting. And, Sections 25-7-109(2)(h), 25-7-109(4), and 25-7-109.3 authorize the Commission to adopt regulations pertaining to hazardous air pollutants.

Purpose

The Commission removed references to 40 CFR Part 75 from Part A as part of revisions aligning the state-only mercury monitoring and recordkeeping provisions in Part B, Section VIII. to federal mercury provisions in 40 CFR Part 63 , Subpart UUUUU. Regulation Number 6, Part B, Section VIII. relied on monitoring and recordkeeping in 40 CFR Part 75. In aligning the state-only provisions with federal provisions, the references to 40 CFR Part 75 are no longer necessary because the mercury monitoring and recordkeeping provisions are now contained in Subpart UUUUU, which the Commission incorporated into Regulation Number 8, Part E. Therefore, to remove unnecessary incorporations and improve the clarity of Part A, the Commission deleted references to 40 CFR Part 75 from Part A. The Commission also added a reference to Subpart UUUUU to the reference to Part B under the incorporation of 40 CFR Part 60 , Subpart Da (Standards of Performance for Fossil-Fuel-Fired Steam Generators) in Part A. These references further alert sources to additional requirements for electric utility steam generating units. These revisions also correct typographical, grammatical, and formatting errors.

XXII. Adopted August 20, 2015

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

EPA promulgated amendments to 40 C.F.R. Part 60, Subparts A, Da, Db, Ec, H, O, BB, BBa, GG, KK, LL, UU, NNN, IIII, OOOO and Appendixes A, B and F. The State of Colorado is required under Section 111 of the Clean Air Act ("CAA") to adopt such New Source Performance Standards ("NSPS") into its regulations in order to maintain agency authority with regard to the standards. The CAA Section 111(c) provides broad flexibility for states to seek, and EPA to grant, delegation of authority to implement the NSPS.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program. Further, Section 25-7-106(6) authorizes the Commission to require testing, monitoring, and recordkeeping.

Purpose

Adoption of the federal rules in 40 C.F.R. Part 60, Subparts A, Da, Db, Ec, H, O, BB, BBa, GG, KK, LL, UU, NNN, IIII, OOOO and Appendixes A, B and F, makes these rules and revisions enforceable under Colorado law. Additionally, approval of Colorado's HMIWI 111(d) plan and adoption of the corresponding regulatory revisions allows the Division to implement and enforce the Emission Guidelines and Compliance Times in 40 C.F.R. Part 60, Subpart Ce. Adoption of the rules will not impose additional requirements upon sources beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information. Further, these revisions will correct any typographical, grammatical and formatting errors found within the regulation.

XXIII. Adopted August 18, 2016

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

EPA promulgated amendments to 40 C.F.R. Part 60, Subparts Da, F, T, U, V, W, X, J, Ja, OOOO, and Appendix B. The State of Colorado is required under Section 111 of the Clean Air Act ("CAA") to adopt such New Source Performance Standards ("NSPS") into its regulations in order to maintain agency authority with regard to the standards. Additionally, under Section 111(d) of the Clean Air Act, States must develop and submit to EPA a plan for implementing and enforcing federal standards of performance for existing sources.

On July 18, 1998, the Commission adopted the Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators ("HMIWI") and submitted a HMIWI 111(d) plan to EPA on December 22, 1998 and October 4, 1999. EPA approved Colorado's HMIWI 111(d) plan on June 22, 2000. See 40 CFR Part 62 , Subpart G. Thereafter, on October 6, 2009 and again on April 4, 2011, EPA revised the Emission Guidelines for HMIWI. In response to these revised Emission Guidelines, the Commission approved an updated HMIWI 111(d) plan and corresponding revisions to Regulation Number 6, Part A, Subpart Ce on August 20, 2015. The updated HMIWI 111(d) plan was submitted to EPA on October 26, 2015 and EPA expressed concerns with how Colorado incorporated by reference 40 CFR Part 60 , Subpart Ce into Regulation Number 6, Part A and the inclusion of Emission Guideline requirements in Title V permitting.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program. Further, Section 25-7-106(6) authorizes the Commission to require testing, monitoring, and recordkeeping.

Purpose

Adoption of the federal rules in 40 C.F.R. Part 60, Subparts Da, F, T, U, V, W, J, Ja, OOOO, and Appendix B, makes these rules and revisions enforceable under Colorado law. Additionally, revisions to Subpart Ce, allow the Division to implement and enforce the Emission Guidelines and Compliance Times for HMIWI contained in 40 C.F.R. Part 60, Subpart Ce. Adoption of the rules will not impose additional requirements upon sources beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information. Further, these revisions will correct any typographical, grammatical and formatting errors found within the regulation.

XXIV. Adopted May 18, 2017

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The U.S. Environmental Protection Agency ("EPA") promulgated amendments to 40 C.F.R. Part 60, Subparts Ec, Ja, CCCC, OOOO, and Appendixes A and B. Additionally, the D.C. Circuit Court of Appeals vacated EPA's 100-hour emergency demand response exemption contained in 40 C.F.R. Part 60, Subpart IIII in Delaware Dept. of Natural Res. & Envt'l Control ("DNREC"), et al. v. EPA, 785 F. 3d 1 (D.C. Cir. 2015). The State of Colorado is required under Section 111 of the Clean Air Act ("CAA") to adopt such New Source Performance Standards ("NSPS") into its regulations in order to maintain agency authority with regard to the standards.

Additionally, the EPA promulgated new and revised Emission Guidelines and Compliance Times contained in 40 C.F.R. Part 60, Subparts Ce, and DDDD. Under Section 111(d) of the Clean Air Act, States must develop and submit to EPA a plan for implementing and enforcing the Emission Guidelines and Compliance Times for existing sources. The 111(d) plans are Colorado-specific plans proposed for EPA approval identifying how to implement the requirements for existing sources under 111(d) and are not themselves regulations or incorporated by reference as regulations.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program. Further, Section 25-7-106(6) authorizes the Commission to require testing, monitoring, and recordkeeping.

Purpose

Adoption of the federal rules in 40 C.F.R. Part 60, Subparts Ec, Ja, CCCC, IIII, OOOO, and Appendixes A and B, makes these rules and revisions enforceable under Colorado law. Additionally, updating citation references of 40 C.F.R. Part 60, Subparts Ce, and DDDD along with approval of 111(d) plans for Hospital/Medical/Infectious Waste Incinerators ("HMIWI"), and Commercial and Industrial Solid Waste Incineration (CISWI) Units allows the Division to implement and enforce the Emission Guidelines and Compliance Times for these source categories. The 111(d) plans for CISWI Units and HMIWI are consistent with and do not differ from the Model Rules contained in the Emission Guidelines and Compliance Times for these source categories.

The Emission Guidelines and Compliance Times and associated 111(d) plans will not be enforceable until approved by the EPA. Until EPA approves these 111(d) plans, existing sources in these source categories would be subject to a federal plan promulgated by EPA, if applicable. The Commission does not intend for these 111(d) plans to apply retroactively. The schedule for sources to comply with the Emission Guidelines and Compliance Times varies depending on when a 111(d) plan or federal plan to take effect. For the CISWI 111(d) plan, affected sources would need to achieve final compliance as expeditiously as practicable after approval of the plan, but no later than the earlier date of February 7, 2018, or three years after the effective date of the approval of the plan. For the HMIWI 111(d) plan, affected sources would need to achieve final compliance no later than three years from EPA approval of the plan, but no later than October 6, 2014. Adoption of the rules will not impose additional requirements upon sources beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information. Further, these revisions will correct any typographical, grammatical and formatting errors found within the regulation.

XXV. Adopted May 17, 2018

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The Commission has incorporated by reference New Source Performance Standards ("NSPS"), Emission Guidelines, and performance specifications amendments of 40 C.F.R. Part 60 into Regulation Number 6, Part A. These references need updated citations to ensure that the corresponding federal rules are enforceable under Colorado law. The Commission has also incorporated by reference Continuous Emission Monitoring provisions of 40 C.F.R. Part 75 into Regulation Number 6, Part A. This reference is needed to support Colorado's Regional Haze State Implementation Plan.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program. Further, Section 25-7-106(6) authorizes the Commission to require testing, monitoring, and recordkeeping.

Purpose

Updating citation references of 40 C.F.R. Part 60 allows the Division to implement and enforce the Emission Guidelines and Compliance Times for applicable source categories. Incorporating by reference 40 C.F.R Part 75 is necessary to maintain consistency between the Commission's Air Quality Regulations. Adoption of the rules will not impose additional requirements upon sources beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information and regulatory certainty. Further, these revisions will correct any typographical, grammatical and formatting errors found within the regulation.

XXVI. Adopted July 18, 2019

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The Commission has incorporated by reference New Source Performance Standards ("NSPS"), Emission Guidelines, and performance specifications amendments of 40 C.F.R. Part 60 into Regulation Number 6, Part A. These references need updated citations to ensure that the corresponding federal rules are enforceable under Colorado law.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program. Further, Section 25-7-106(6) authorizes the Commission to require testing, monitoring, and recordkeeping.

Purpose

Updating citation references of 40 C.F.R. Part 60 allows the Division to implement and enforce the Emission Guidelines and Compliance Times for applicable source categories. Adoption of the rules will not impose additional requirements upon sources beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information and regulatory certainty. Further, these revisions will correct any typographical, grammatical and formatting errors found within the regulation.

XXVII. Adopted May 21, 2020

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The Commission has incorporated by reference New Source Performance Standards ("NSPS"), Emission Guidelines, and performance specifications amendments of 40 C.F.R. Part 60 into Regulation Number 6, Part A. These references need updated citations to ensure that the corresponding federal rules are enforceable under Colorado law. The Commission also updated references to the amended NSPS and performance specifications in 40 C.F.R. Part 60, Subparts XXX, CCCC, DDDD, and IIII. The Commission approved a Section 111(d) plan for Municipal Solid Waste ("MSW") landfills, in accordance with the EPA's Model Rule set forth in the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills at 40 C.F.R. Part 60 , Subpart Cf specific to MSW landfills that Commenced Construction On or Before July 17, 2014, and the Clean Air Act Section 111(d).

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program. Further, Section 25-7-106(6) authorizes the Commission to require testing, monitoring, and recordkeeping. Colorado's updated 111(d) state plan for MSW landfills will also achieve GHG emission reductions.

Purpose

Updating citation references of 40 C.F.R. Part 60 allows the Division to implement and enforce the Emission Guidelines and Compliance Times for applicable source categories. Adoption of the rules will not impose additional requirements upon sources beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information and regulatory certainty. Further, these revisions will correct any typographical, grammatical and formatting errors found within the regulation.

XXVIII. Adopted May 20, 2021

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The Commission has incorporated by reference New Source Performance Standards ("NSPS"), Emission Guidelines, and performance specifications amendments of 40 C.F.R. Part 60 into Regulation Number 6, Part A. These references need updated citations to ensure that the corresponding federal rules are enforceable under Colorado law. The Commission also updated references to the amended NSPS and performance specifications in 40 C.F.R. Part 60, Subparts BBa and OOOO.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program.

Purpose

Updating citation references of 40 C.F.R. Part 60 allows the Division to implement and enforce the Emission Guidelines and Compliance Times for applicable source categories. Adoption of the rules will not impose additional requirements upon sources beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information and regulatory certainty. Further, these revisions will correct any typographical, grammatical and formatting errors found within the regulation.

XXIX. Adopted May 19, 2022

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The Commission has incorporated by reference New Source Performance Standards ("NSPS"), Emission Guidelines, and performance specifications amendments of 40 C.F.R. Part 60 into Regulation Number 6, Part A. These references need updated citations to ensure that the corresponding federal rules are enforceable under Colorado law. The Commission also updated references to the amended NSPS and performance specifications in 40 C.F.R. Part 60, Subpart Kb. The Commission also amended the incorporation by reference for 40 C.F.R. Part 60 , Subpart Ce to reflect that Colorado has requested to withdraw its Section 111(d) plan for HMIWI for Environmental Protection Agency ("EPA") approval. Colorado has requested delegation of the federal implementation plan going forward.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program.

Purpose

Updating citation references of 40 C.F.R. Part 60 allows the Division to implement and enforce the Emission Guidelines and Compliance Times for applicable source categories. Adoption of the rules will not impose additional requirements upon sources beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information and regulatory certainty. Further, these revisions will correct any typographical, grammatical and formatting errors found within the regulation.

XXX. Adopted May 17, 2023

Background

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., the Colorado Air Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S., and the Air Quality Control Commission's ("Commission") Procedural Rules.

Basis

The Commission has incorporated by reference New Source Performance Standards ("NSPS"), Emission Guidelines, and performance specifications amendments of 40 C.F.R. Part 60 into Regulation Number 6, Part A. These references need updated citations to ensure that the corresponding federal rules are enforceable under Colorado law. The Commission also updated references to the amended NSPS and performance specifications in 40 C.F.R. Part 60, Subpart IIII.

Specific Statutory Authority

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control regulations, including emission control regulations relating to new stationary sources, for the development of an effective air quality control program.

Purpose

Updating citation references of 40 C.F.R. Part 60 allows the Division to implement and enforce the Emission Guidelines and Compliance Times for applicable source categories. Adoption of the rules will not impose additional requirements upon sources beyond the minimum required by federal law and may benefit the regulated community by providing sources with up-to-date information and regulatory certainty. Further, these revisions will correct any typographical, grammatical and formatting errors found within the regulation.

5 CCR 1001-8, pt. A

37 CR 18, September 25, 2014, effective 10/15/2014

38 CR 05, March 10, 2015, effective 3/30/2015

38 CR 18, September 25, 2015, effective 10/15/2015

39 CR 18, September 25, 2016, effective 10/15/2016

40 CR 12, June 25, 2017, effective 7/15/2017

41 CR 11, June 10, 2018, effective 6/30/2018

42 CR 16, August 25, 2019, effective 9/14/2019

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 12, June 25, 2021, effective 7/15/2021

45 CR 12, June 25, 2022, effective 7/15/2022

46 CR 12, June 25, 2023, effective 7/15/2023