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Western Fuels Colorado, LLC <br />Permit No. 88M0234F <br />Final Approval Colorado Department of Public Health and Environment <br />page 5 Air Pollution Control Division <br />GENERAL TERMS AND CONDITIONS: (IMPORTANTI READ ITEMS 5.6,7 AND 8) <br />This permit is issued in reliance upon the accuracy and completeness of information supplied by the <br />applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the <br />source, in accordance with this information and with representations made by the applicant or applicant's <br />agents. It is valid only for the equipment and operations or activity specifically identified on the permit. <br />Unless specifically stated otherwise, the general and specific conditions contained in this permit have been <br />determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7 - <br />114.5(7)(a), C.R.S. <br />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 final approval by <br />the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and <br />regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or <br />condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by <br />the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a <br />hearing before the AQCC for review of the Division's action. <br />4. This permit and any required attachments must be retained and made available for inspection upon request <br />at the location set forth herein. With respect to a portable source which is moved to a new location, a copy <br />of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is <br />relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as <br />provided in AQCC Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the <br />submittal of a revised APEN and the required fee. <br />5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or <br />operation of this source. Final approval of the permit must be secured from the APCD in writing in <br />accordance with the provisions of 25- 7- 114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section <br />III.G. Final approval cannot be granted until the operation or activity commences and has been verified by <br />the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will <br />provide written documentation of such final approval, which does constitute "final" authority to operate. <br />Compliance with the permit conditions must be demonstrated within 180 days after commencement <br />of operation. <br />6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within <br />18 months after either the date of issuance of this permit or the date on which such construction or activity <br />was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a <br />period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated <br />completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good <br />cause by the permittee prior to the expiration date. <br />7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to <br />commencement of the pennitted operation or activity. Failure to do so is a violation of Section 25-7 - <br />114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section III.G.1., and can result in the revocation <br />of the permit. You must demonstrate compliance with the permit conditions within 180 days after <br />commencement of operation as stated in condition 5. <br />8, Section 25- 7- 114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice <br />(APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity <br />is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. <br />Upon notification, annual fee billing will terminate. <br />9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control <br />Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under <br />Sections 25 -7 -115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), <br />C.R.S. <br />085/0036/001 ver. 2/00 <br />