5 CCR 1001-8 Part A

• Library: Colorado Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 46, No. 24, December 25, 2023
• Citation: 5 CCR 1001-8 Part A
• Year: 2023

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 40undefined60.32c which meet the condition in 40 CFR Part 60, Section 40undefined60.33c(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 40undefined60.757 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 40undefined60.33c(a)(2) and the initial NMOC emission rate report reflects that the facility meets the condition in 40 CFR Part 60, Section 40undefined60.33c(a)(3), the facility shall comply with the collection and control system requirements in 40 CFR Part 60, Section 40undefined60.752(b)(2)(ii), applicable control device requirements in 40 CFR Part 60, Section 40undefined60.33c(c)(1), (2) and (3), test methods and procedures requirements in 40 CFR 40undefined60.754, operational standards in 40 CFR Part 60, Section 40undefined60.753, compliance provisions in 40 CFR Part 60, Section 40undefined60.755, monitoring provisions in 40 CFR Part 60, Section 40undefined60.756 and reporting and recordkeeping provisions in 40 CFR Part 60, Sections 40undefined60.757 and 40undefined60.758, 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 40undefined60.36c(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 40undefined60.757(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 40undefined60.8 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...