Colorado § 25-7-114 - Permit program - definitions.

§ 25-7-114. Permit program - definitions.

As used in sections 25-7-114 to 25-7-114.7, unless the context otherwise requires:

(1) "Affected source" means a source that includes one or more fossil-fuel-fired combustion devices subject to emission reduction requirements or limitations under subchapter IV of the federal act or this article.

(2) "Construction permit" means the same as an "emission permit" as required under this section as it existed prior to July 1, 1992, and is the permit required under section 25-7-114.2 after July 1, 1992.

(3) "Major source" means any stationary source (or group of stationary sources which have the same two-digit standard industrial code, are located on one or more contiguous or adjacent properties, and are under common control) that:

(a) Subject to the provisions of section 112 (n)(4) of the federal act, emits or has the potential to emit considering enforceable controls, in the aggregate, ten tons per year or more of any hazardous air pollutant or twenty-five tons per year or more of any combination of hazardous air pollutants, or such lesser quantity of hazardous air pollutants as may be established pursuant to the federal act; or

(b) Directly emits, or has the potential to emit, one hundred tons per year or more of any air pollutant; or

(c) Meets any of the definitions of major source set forth in Part D of subchapter I of the federal act.

(4) "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitations on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable and federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

(5) "Schedule of compliance" means a schedule of required measures, including an enforceable sequence of actions or operations, leading to compliance with an applicable implementation plan, emission standard, emission limitation, emission prohibition, or emission control regulation.

(6) "Synthetic minor source" means, for purposes of this article, any source which would otherwise meet the definition of major source for any pollutants but for the existence of enforceable emission limitations contained in the permit or regulation applicable to that source.

Source: L. 79: Entire article R&RE, p. 1030, § 1, effective June 20. L. 82: (5)(b) amended, p. 423, § 1, effective April 23. L. 84: (5)(b) amended, p. 783, § 4, effective April 12; IP(4), (4)(f)(I)(A), (4)(f)(I)(B), (4)(f)(II), IP(4)(g)(I), (4)(g)(III), (4)(h), and (4)(i) amended, p. 770, § 6, effective July 1. L. 87: (5)(b) amended, p. 1140, § 1, effective June 10; (5) amended, p. 1138, § 1, effective July 1; (5)(b) amended, p. 1152, § 5, effective July 1. L. 89: (4)(m) and (5)(c) to (5)(f) added and (5)(a) amended, p. 1165, §§ 1, 2, effective May 26. L. 91: (5)(d)(III) amended and (5)(f) repealed, p. 940, §§ 1, 2, effective May 16. L. 92: Entire section R&RE, p. 1198, § 17, effective July 1. L. 94: (6) amended, p. 1421, § 4, effective May 25.

Editor's note: Amendments to subsection (5)(b) by Senate Bill 87-145, House Bill 87-1239, and House Bill 87-1372 were harmonized.