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450 <br />■ MCC #0851 Sample <br />400 "- <br />350 • MCC #0840 Sample <br />300 <br />250 <br />A <br />PSD <br />threshold <br />200 <br />150 <br />100 <br />Title V <br />threshold <br />50 <br />i <br />Permit <br />0 <br />�:, <br />threshold <br />Oxbow -Elk MCC - West Bowie No. 2 <br />Creek Elk <br />The emission thresholds at issue include the following <br />• Emission reporting: Under Colorado AQCC regulations, "no person shall allow <br />emission of air pollutants from, or construction, modification or alteration of, any <br />facility, process or activity which constitutes a stationary source [] unless and until an <br />Air Pollutant Emission Notice and associated Air Pollutant Emission Notice fee has <br />been filed with the Division with respect to such emission." AQCC Regulation No. <br />3, 5 CCR 1001-5, FartA § II.A. The threshold for reporting is "two tons per year or <br />more of any individual criteria pollutant," including VOC emissions. AQCC <br />Regulation No. 3, 5 CCR 1001-5, Part A § II.13.3.a. <br />• Stationary source permitting: Under Colorado AQCC regulations, "no person shall <br />commence construction of any stationary source or modification of a stationary <br />source without first obtaining or having a valid construction permit from the <br />[APCD]." AQCC Regulation No. 3, 5 CCR 1001-5, Part B § II.A.1. A permit is <br />required if a source emits "[f]ive tons per year [of] volatile organic compounds" or <br />more. AQCC Regulation No. 3, 5 CCR 1001-5, Part B § II.D.3.a. <br />• Prevention of significant deterioration ("PSD") permitting: Under Colorado AQCC <br />regulations, as well as the U.S. Clean Air Act and implementing regulations, a "major <br />stationary source [of air pollution] shall not begin construction [] unless a permit has <br />been issued containing all applicable state and federal requirements." AQCC <br />Regulation No. 3, 5 CCR 1001-5, Part D § I.A.1; see also 42 U.S.C. § 7475 and 40 <br />C.F.R. § 51.166. A major stationary source of air pollution is defined as any <br />stationary source of air pollution that emits or has the potential to emit "two hundred <br />and fifty tons per year or more of any regulated NSR [new source review] pollutant." <br />AQCC Regulation No. 3, 5 CCR 1001-5, Part D § II.A.25.a(ii). Regulated NSR <br />pollutants include "any volatile organic compound." AQCC Regulation No. 3, 5 <br />CCR 1001-5, Part D § II.A.40.a. <br />12 <br />