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- - •- "~~~=~=' ~ • III IIIIIIIIIIIII III <br />~ ,,. ~ ~ 1 sss <br />.~..,~~~ <br />;,~,~.~ <br />COL0;1A00 0`_PA!iTMEfdT GF F;EALTN <br />42?0 EtiSf ??TH y!!!EflUE DENl1ER,COLOJ4AD0 80220 PHONE 320-8333 <br />Anthony Robbins, M. D., l1.P.A. Eae cutlve Director <br />October 13, 197$ <br />Mr. P.. J. Castclli <br />Director of Environmental Quality <br />Idc,~l Basic Industries <br />Ccucnt Division <br />P. 0. Bor 8]89 <br />Dcnvcr, Colorado 80201 <br />Dear Mr. Ca,telli: <br />F~ECEIVED <br />OCT :'. ', i378 <br />RECL(l~"A i IC(`I ;;'EC I ION <br />Colo. Dept. of ;'aa;zl Ces~a~ces <br />In response cu your letter to the State of Colorado Air Pollution Control <br />Divisiun in which you requested a detenaina[ion as to [he need for a "fugitive <br />dust pe nnit", I ~~~ish to call your attention to the following sections of the <br />State of Colorado Air Quality Control Regulations: <br />R~~,iul,~tion No. I, Section II.D.6. deals with fugitive dust from open mining <br />~~~:tivilics and states that new mining activities must be granted a permit by <br />the Division prier to operation. The effective date of P,egulation No. 1, Section <br />II.D. is August 1, 1974. Therefore, mining activities in operation prior to <br />Auqu~t 1, 1974 need only comply with Regulation No. 1, Section II.D.9. for <br />controlling fugitive dust and do not require a "fugitive dust permit" unless <br />., "substantial alteration" in the mining activity has occurred on or after <br />J„i~unrY 19, 1976. <br />TI~,_ term "substantial alteration" is defined as follows in Regulation No. 3, <br />Section II.B.3: <br />The tern, "Substantially Alter" or "Substantial Alteration" includes any <br />change in any building, facility. structure, machine, equipment, device, <br />activity, intit.illntion, or oper,~tion ot, from, or by reason of ~~~hich air <br />cunt.niinant cmissiono may be increased or there may be a change in the <br />nature ur type of contaminants not previously so emicted except that: <br />a. P,outii~e maintenance, adjustment, repair or replacement which <br />does not increase emissions shall not be considered such a <br />ch,u,gc; and <br />b. Use of an alternative fuel or ra~~ material ~-~hich does not cause <br />an increase in, or change in type of, air contaminant emissions <br />shall not be cnnsidered a change in the method of operation. <br />Y' <br />