# 40 C.F.R. § 52.323 (2026): Approval status > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_323 ## Section - **Citation:** 40 C.F.R. § 52.323 (2026) - **Heading:** Approval status - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 40 CFR: Protection of Environment / Chapter I / Part 52 / Subpart G / § 52.323: § 52.323 Approval status. ## Text (a) With the exceptions set forth in this subpart, the Administrator approves Colorado's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977, except as noted below. (b)(1) Insofar as the Prevention of Significant Deterioration (PSD) provisions found in this subpart apply to stationary sources of greenhouse gas (GHGs) emissions, the Administrator approves that application only to the extent that GHGs are “subject to regulation”, as provided in this paragraph (b), and the Administrator takes no action on that application to the extent that GHGs are not “subject to regulation.” (2) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: (i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO 2 e or more; or (ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO 2 e or more; and (3) Beginning July 1, 2011, in addition to the provisions in paragraph (b)(2) of this section, the pollutant GHGs shall also be subject to regulation: (i) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO 2 e; or (ii) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO 2 e or more s shall also be subject to regulation: (i) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO 2 e; or (ii) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO 2 e or more. (4) For purposes of this paragraph (b)— (i) the term greenhouse gas shall mean the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. (ii) the term tpy CO 2 equivalent emissions (CO 2 e) shall represent an amount of GHGs emitted, and shall be computed as follows: (A) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR part 98—Global Warming Potentials. (B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this section for each gas to compute a tpy CO 2 e. (iii) the term emissions increase shall mean that both a significant emissions increase (as calculated using the procedures in paragraphs I.A.2. through I.A.3, and I.B of Part D of Colorado's Air Quality Commission's Regulation Number 3) and a significant net emissions increase (as defined in paragraphs II.A.26 and II.A.42.a of Part D of Colorado's Air Quality Commission's Regulation Number 3) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO 2 e instead of applying the value in paragraph II.A.42.b of Part D of Colorado's Air Quality Commission's Regulation Number 3. [75 FR 82553, Dec. 30, 2010] ## Nearby sections - [40 C.F.R. § 52.319 (2026) § 52.319 Conditional approval.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_319.md) - [40 C.F.R. § 52.320 (2026) § 52.320 Identification of plan.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_320.md) - [40 C.F.R. § 52.321 (2026) § 52.321 Classification of regions.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_321.md) - [40 C.F.R. § 52.322 (2026) § 52.322 Extensions.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_322.md) - [40 C.F.R. § 52.323 (2026) § 52.323 Approval status.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_323.md) - [40 C.F.R. § 52.324 (2026) § 52.324 Legal authority.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_324.md) - [40 C.F.R. § 52.326 (2026) § 52.326 Area-wide nitrogen oxides (NO X ) exemptions.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_326.md) - [40 C.F.R. § 52.329 (2026) § 52.329 Rules and regulations.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_329.md) - [40 C.F.R. § 52.330 (2026) § 52.330 Control strategy: Total suspended particulates.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_330.md) - [40 C.F.R. § 52.331 (2026) § 52.331 Committal SIP for the Colorado Group II PM 10 . areas.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_331.md) - [40 C.F.R. § 52.332 (2026) § 52.332 Control strategy: Particulate matter.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_332.md) - [40 C.F.R. § 52.343 (2026) § 52.343 Significant deterioration of air quality.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_343.md) - [40 C.F.R. § 52.344 (2026) § 52.344 Visibility protection.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_344.md) - [40 C.F.R. § 52.345 (2026) § 52.345 Stack height regulations.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_345.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T40_P52_S52_323. 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