Code of Colorado Regulations · Regulation Number 2

Code of Colorado Regulations · Regulation Number 2

ODOR EMISSION 5 CCR 1001-4

Colorado Regulation Number 2 addresses odor emissions. Part A contains general provisions, Part B applies specifically to housed commercial swine feeding operations, and Part C provides the statement of basis, statutory authority, and purpose for the regulation.

I.

No person may emit odorous air contaminants from any single source that result in detectable odors exceeding the dilution limits that follow. In areas used mainly for residential or commercial purposes, it is a violation if odors are detected after dilution with seven or more volumes of odor-free air. In all other land-use areas, it is a violation if odors are detected after dilution with fifteen or more volumes of odor-free air. If the source is a manufacturing process, it has an affirmative defense to those limits if it demonstrates it is using the best practical treatment, maintenance, and control currently available to keep odorous emissions as low as possible, and it need not consider methods that would result in an arbitrary and unreasonable taking of property or the practical closing of any lawful business or activity, if that would be without corresponding public benefit. For all areas, it is a violation when odors are detected after dilution with one hundred twenty-seven or more volumes of odor-free air, and the manufacturing-process defense does not apply at that level.

I.A.

This applies to any person who causes or allows odorous air contaminants to be emitted from a single source, where the odors are measured in areas that are mostly residential or commercial. You violate the odor standard if odors can still be detected after the odorous air has been diluted with seven or more volumes of odor-free air.

I.B.

This applies to any person causing odorous air emissions in all other land use areas. It is a violation if odors are still detectable after the odorous air has been diluted with 15 or more volumes of odor-free air.

I.C.1.

If you are a manufacturing process and someone claims you violated the general odor standards in Sections I.A. and I.B., you have an affirmative defense if you can show you are using the best practical treatment, maintenance, and control currently available to keep odorous gas emissions as low as possible. When deciding whether you've met that standard, you don't have to consider any control method that would amount to an arbitrary and unreasonable taking of property or would effectively force you to close your lawful business or activity if doing so would provide no corresponding public benefit.