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Colorado Department of Public Health and Environment <br />Air Pollution Control Division <br />Western Fuels -Colorado, A Limited Liability Company <br />Permit No. 10M02275 <br />Final Approval — Issuance 4 <br />Notes to Permit Holder: <br />1) The production or raw material processing limits and emission limits contained in this permit are based on the <br />consumption rates requested in the permit application. These limits may be revised upon request of the <br />permittee providing there is no exceedance of any specific emission control regulation or any ambient air <br />quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with <br />a request for a permit revision. <br />2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision <br />for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition <br />which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later <br />than noon of the next working day, followed by written notice to the Division addressing all of the criteria set <br />forth in Part II.E.1. of the Common Provisions Regulation. See: <br />http://www.cdphe.state.co.us/regulations/airregs/5CCR1001-2.pdf. <br />3) In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit <br />is valid for a term of five years from the date it was received by the Division. A revised APEN shall be <br />submitted no later than 30 days before the five-year term expires. Please refer to the most recent annual fee <br />invoice to determine the APEN expiration date for each emissions point associated with this permit. For any <br />questions regarding a specific expiration date call the Division at (303)-692-3150. <br />4) This facility is classified as follows: <br />Applicable Status <br />Requirement <br />Operating Permit Minor Source for all Criteria Pollutants <br />PSD Minor Source for all Criteria Pollutants <br />5) The permit holder is required to pay fees for the processing time for this permit. An invoice for these fees will <br />be issued after the permit is issued. The permit holder shall pay the invoice within 30 days of receipt of the <br />invoice. Failure to pay the invoice will result in revocation of this permit (Reference: Regulation No. 3, Part A, <br />Section VI.B.) <br />6) If this permit specifically states that final approval has been granted, then the remainder of this condition is not <br />applicable. Otherwise, the issuance of this construction permit does not provide "final' authority for this <br />activity or operation of this source. Final approval of the permit must be secured from the Division in writing in <br />accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and Regulation No. 3, Part B, Section III.G. Final <br />approval cannot be granted until the operation or activity commences and has been verified by the Division as <br />conforming in all respects with the conditions of the permit. Once self -certification of all points has been <br />reviewed and approved by the Division, it will provide written documentation of such final approval. Details for <br />obtaining final approval to operate are located in the Requirements to Self -Certify for Final Approval section of <br />this permit. <br />7) Unless specifically stated otherwise, the general and specific conditions contained in this permit have been <br />determined by the Division to be necessary to assure compliance with the provisions of Section 25-7- <br />114.5(7)(a), C.R.S. <br />8) Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or <br />appeal of a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this <br />permit shall be deemed denied ab initio. This permit may be revoked at any time prior to self -certification and <br />final authorization by the Division on grounds set forth in the Colorado Air Pollution Prevention and Control <br />AIRS ID: 085/0036/003 Page 6 of 10 <br />Appendix 2.05.6(1)-1-6 <br />