Code of Colorado Regulations · Regulation Number 18

Code of Colorado Regulations · Regulation Number 18

CONTROL OF EMISSIONS OF ACID DEPOSITION PRECURSORS 5 CCR 1001-22

Colorado Regulation Number 18 controls emissions of acid deposition precursors (substances that contribute to acid rain). The regulation incorporates by reference the federal EPA acid rain program rules from 40 CFR Parts 72 and 76 (July 1, 2011 editions) to implement Title IV of the Clean Air Act in Colorado, with the Colorado Air Pollution Control Division serving as the permitting authority.

I.

Colorado adopts by reference the EPA's 40 CFR Part 72 and Part 76 (both July 1, 2011 editions) to implement the Title IV Acid Rain Program. "Permitting authority" means the Colorado Air Pollution Control Division and "Administrator" means the EPA Administrator. Where Parts 72 or 76 conflict with Regulation Number 3 or are not included in it, the federal provisions apply and take precedence.

II.A.

This is a statement of basis from May 15, 1997 explaining why the Commission adopted the federal Phase II nitrogen oxide acid rain regulations. The EPA issued Phase II NOx rules on December 19, 1996; Colorado utilities are subject to them, and states must adopt the acid rain regulations to have an acceptable Title V operating permits program. The emission limits reduce nitrogen oxides nationwide to reduce acid deposition. The federal regulations allow a NOx trading program through a SIP revision, but the Division did not intend to implement that trading option at the time because several market-based programs were under development or being submitted to EPA. The Title IV program is a delegated program and this adoption is not a SIP revision.

II.B.

This is a statement of basis – rulemaking history – not a current requirement. Dated May 21, 1998, it describes the EPA's amendments to parts 72 and 76 of the federal acid deposition regulations (exemptions, permitting procedures, substitution plans, and clarifications to the acid rain program). States must adopt the acid rain regulations to comply with the requirements for an acceptable Title V operating permits program; the Title IV program is a delegated program and this action is not a SIP revision.

II.C.

This is a statement of basis from February 15, 2001, explaining why the Commission adopted federal amendments to 40 CFR Parts 72 and 76 (the Acid Rain Program) into Regulation Number 18. It describes the purpose and authority for that 2001 adoption.