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W <br />Colorado Department of Public Health and Environment <br />Air Pollution Control Division <br />Colowyo Coal Company, L. P. <br />Permit No. 95MF1040 <br />Issuance 7 <br />6) This facility is classified as follows: <br />Applicable <br />Status <br />Requirement <br />Operating Permit <br />Minor Source located at a Synthetic Minor Source for PM, PM10 <br />and PM2.5 <br />PSD <br />Minor Source located at a Synthetic Minor Source for PM, PM10 <br />and PM2.5 <br />NANSR <br />NA <br />7) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be <br />found at the website listed below: <br />httn://ecfr.aooaccess.gav/ <br />Part 60: Standards of Performance for New Stationary Sources <br />NSPS 60.250 — 60.258 Subpart Y <br />8) The permit holder is required to pay fees for the processing time for this permit. An invoice for <br />these fees will be issued after the permit is issued. Failure to pay the invoice will result in <br />revocation of this permit. The permit holder shall pay the invoice within 30 days of receipt of the <br />invoice (Reference: Regulation No. 3, Part A, Section VI.B.). <br />9) Unless specifically stated otherwise, the general and specific conditions contained in this permit <br />have been determined by the Division to be necessary to assure compliance with the provisions <br />of Section 25-7-114.5(7)(a), C.R.S. <br />10) Each and every condition of this permit is a material part hereof and is not severable. Any <br />challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit and <br />upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked <br />at any time prior to self -certification and final authorization by the Division on grounds set forth in <br />the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including <br />failure to meet any express term or condition of the permit. If the Division denies a permit, <br />conditions imposed upon a permit are contested by the applicant, or the Division revokes a <br />permit, the applicant or owner or operator of a source may request a hearing before the AQCC for <br />review of the Division's action. <br />11) Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollutant <br />Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and <br />administration. If a source or activity is to be discontinued, the owner must notify the Division in <br />writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. <br />12) Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and <br />Control Act or the regulations of the AQCC may result in administrative, civil or criminal <br />enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil <br />penalties), -122.1 (criminal penalties), C.R.S. <br />AIRS ID: 081/0007 & 103/0327/001 <br />Page 11 of 22 <br />