Governing Law and Regulations
Air pollutant emissions notice (APEN) and construction permits: 5 Colorado Code of Regulations (CCR) 1001-5 Part A, Sections I to VIII and 5 CCR 1001-5 Part B, Sections I to XI
Nonattainment New Source Review (NSR): 5 CCR 1001-5 Part D, Sections I to V; 5 CCR 1001-5 Part D, Section XV; and 5 CCR 1001-5 Part D, Section XV
Nonattainment areas: 40 CFR 81.306
Permitting requirements: 5 CCR 1001-5 Part D, Section V
Recordkeeping and reporting requirements: 5 CCR 1001-5 Part D, Section V.A.7
Exemptions: 5 CCR 1001-5 Part D, Section V.A.8
Prevention of Significant Deterioration (PSD): 5 CCR 1001-5 Part D, Sections I to IV; 5 CCR 1001-5 Part D, Sections VI to XV; and 40 CFR 52.323
Recordkeeping and reporting requirements: 5 CCR 1001-5 Part D, Section VI.B.5
Class I areas: 40 CFR 81.406 and 5 CCR 1001-5 Part D, Section VIII
Colorado Department of Public Health and Environment (CDPHE) Office of Environment Air Pollution Control Division (APCD)
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Colorado requires a facility to apply for and obtain a construction permit before beginning construction of a new source or modifying an existing source. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment New Source Review (NSR) and/or Prevention of Significant Deterioration (PSD), depending on the attainment status of the area where the source is located and the type and quantity of air pollutants emitted. Colorado has adopted regulations that follow the current federal requirements for nonattainment NSR and PSD. ...