Proposed Language for Regulation No. 1
Hearing
September 21, 2006

III.B.	Incinerators
III.B.2.	Standard of Performance for all incinerators other than biomedical waste incinerators and air curtain destructors subject to 40 CFR 60.

Statement of Basis, Specific Statutory Authority, and Purpose

Revision to Regulation No. 1
September 21, 2006

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedures Act, § 24-4-103, C.R.S., and the Colorado Air Pollution Prevention and Control Act, §§ 25-7-110 and 25-7-110.5, C.R.S (“the Act”).

Specific Statutory Authority
The Colorado Air Pollution Prevention and Control Act, section 25-7-109, C.R.S., provides the commission the authority to adopt and revise rules and regulations that are consistent with state policy regarding air pollution and with federal recommendations and requirements.

Basis and Purpose
The U.S. Environmental Protection Agency (EPA) promulgated a New Source Performance Standard for Commercial and Industrial Solid Waste Incinerators (CISWI) at 40 CFR Part 60, Subpart CCCC on December 1, 2000.  The Commission incorporated the new standard by reference into Regulation No. 6, Part A in February 2002.  At that time, there were no sources in Colorado subject to Subpart CCCC.  In September 2005 a new unit subject to Subpart CCCC commenced construction, which raised an issue regarding performance testing requirements for that unit.
Subpart CCCC of 40 CFR Part 60 applies to air curtain destructors that combust wood or yard wastes at a commercial or industrial facility.  Subpart CCCC includes performance testing requirements for such units.  The Commission’s Common Provisions regulation defines air curtain destructors subject to 40 CFR Part 60 as incinerators, which also subjects them to  grain loading standards and performance testing requirements under Regulation No. 1, Section III.B.  It is not feasible, however, to conduct performance testing on air curtain destructors for grain loading emissions as specified in Section III.B. due to their lack of a stack. 
In order to ensure that appropriate and reasonable emission standards and performance testing requirements are applied to air curtain incinerators, the Commission has adopted revisions to Regulation No. 1, Section III.B. clarifying that air curtain incinerators subject to 40 CFR Part 60 are not subject to Section III.B.