Appendix A

Code of Colorado Regulations · Regulation Number 8

CONTROL OF HAZARDOUS AIR POLLUTANTS 5 CCR 1001-10

Regulation Number 8 controls hazardous air pollutants. It is organized into Part A (National Emission Standards for Hazardous Air Pollutants (NESHAP)), Part B (Asbestos Control), Part C (Colorado State Standards for Hazardous Pollutants), Part D (Compliance Extensions for Early Reductions of Hazardous Air Pollutants) and Part E (Federal Maximum Achievable Control Technology (MACT)). Within the asbestos part, Appendix A is non-mandatory guidance for contractors conducting asbestos abatement, Appendix B is a brochure on recommended work practices for removing resilient floor coverings, and Appendix C is a training course outline for removing resilient floor coverings in accordance with Appendix B.

I.

Colorado incorporates by reference the federal National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61) as of the dates listed for each subpart – most are the July 1, 2025 edition, a few are July 1, 2023. All new, modified, or reconstructed sources must comply with these standards. In Colorado, "Administrator" means both the EPA Administrator and the Colorado Air Pollution Control Division. Several subparts (B, H, K, Q, R, T, and W) are repealed or reserved and do not apply.

II.A.

This is a statement of basis and statutory authority for Part A, not a requirement. It explains that the Commission adopted Part A as an emergency rule in September 1995 to provide Colorado citizens protection from Hazardous Air Pollutants and to provide a complete operating permits program, citing state statutory authority in sections 25-7-105, 25-7-109, 25-7-109.1, and 24-4-103(12.5).

II.B.

This is a statement of basis (rulemaking history) for Part A of Regulation 8, dated October 19, 1995, explaining why Colorado adopted federal radionuclide emission standards by reference. It cites the Colorado Air Quality Control Act sections that gave the Commission authority to adopt federal hazardous air pollutant rules and notes that EPA had already approved an alternative emission monitoring protocol and entered into a memorandum of understanding with the Department of Energy for Subpart H facilities, along with further agreements between DOE and EPA Region VIII memorialized in a DOE letter; Colorado accepted those existing EPA agreements as part of its adoption.

II.C.

This is a statement of basis (rulemaking history) for a December 21, 1995 amendment to Part A. It explains that the Commission originally adopted the federal MACT standard for perchloroethylene dry cleaning facilities in 1994, but Legislative Legal Services found the adoption cited the Federal Register instead of the Code of Federal Regulations, causing Regulation Number 8, Part A to sunset. The 1995 amendment corrected that citation deficiency.