REGULATION NUMBER 8 CONTROL OF HAZARDOUS AIR POLLUTANTS
ColoradoRegulations
Ask Donna
How this section applies to your facts.
Code of Colorado Regulations › 1000 Department of Public Health and Environment › 1001 Air Quality Control Commission › 5 CCR 1001-10
Text
1
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Air Quality Control Commission
REGULATION NUMBER 8
CONTROL OF HAZARDOUS AIR POLLUTANTS
5 CCR 1001-10
[Editor’s Notes follow the text of the rules at the end of this CCR Document.]
_________________________________________________________________________
Outline of Regulation
PART A
National Emission Standards for Hazardous Air Pollutants (NESHAP)
PART B
Asbestos Control
PART C
Colorado State Standards for Hazardous Pollutants
PART D
Compliance Extensions for Early Reductions of Hazardous Air Pollutants
PART E
Federal Maximum Achievable Control Technology (MACT)
_________________________________________________________________________
PART A
National Emission Standards for Hazardous Air Pollutants (NESHAP)
I.
National Emission Standards for Hazardous Air Pollutants
The provisions of Part 61, Chapter I, Title 40, of the Code of Federal Regulations (CFR), promulgated by
the U.S. Environmental Protection Agency listed in this section are hereby incorporated by reference by
the Air Quality Control Commission and made a part of the Colorado Air Quality Control Commission
Regulations. Materials incorporated by reference are those in existence as of the dates indicated and do
not include later amendments. The material incorporated by reference is available for public inspection
during regular business hours at the Office of the Commission located at 4300 Cherry Creek Drive South,
Denver, Colorado 80246. Parties wishing to inspect these materials should contact the Technical
Secretary of the Commission, located at the Office of the Commission. The material incorporated by
reference is also available through the United States Government Printing Office, online at
www.gpo.gov/fdsys.
All new sources of air pollution and all modified or reconstructed sources of air pollution shall comply with
the standards, criteria, and requirements set forth herein
contact the Technical
Secretary of the Commission, located at the Office of the Commission. The material incorporated by
reference is also available through the United States Government Printing Office, online at
www.gpo.gov/fdsys.
All new sources of air pollution and all modified or reconstructed sources of air pollution shall comply with
the standards, criteria, and requirements set forth herein. For the purpose of this regulation
“Administrator” shall mean both the Administrator of the Environmental Protection Agency or his/her
authorized representative and the Colorado Air Pollution Control Division.
Subpart A
General Provisions 40 C.F.R. Part 61 (July 1, 2025).
Subpart B
Repealed – Reserved for National Emission Standards for Radon Emissions from
Underground Uranium Mines 40 C.F.R. Part 61.
Subpart C
National Emission Standard for Beryllium 40 C.F.R. Part 61 (July 1, 2025).
Code of Colorado Regulations
Secretary of State
State of Colorado
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
2
Subpart D
National Emission Standard for Beryllium Rocket Motor Firing 40 C.F.R. Part 61 (July 1,
2025).
Subpart E
National Emission Standard for Mercury 40 C.F.R. Part 61 (July 1, 2025).
Subpart F
National Emission Standard for Vinyl Chloride 40 C.F.R. Part 61 (July 1, 2023).
Subpart H
Repealed – Reserved for National Emission Standards for Emissions of Radionuclides
Other Than Radon from Department of Energy Facilities 40 C.F.R. Part 61.
Subpart J
National Emission Standard for Equipment leaks (fugitive Emission sources) of Benzene
40 C.F.R. Part 61 (July 1, 2025).
Subpart K
Repealed – Reserved for National Emission Standards for Radionuclide Emissions from
Elemental Phosphorous Plants 40 C.F.R. Part 61.
Subpart L
National Emission Standard for Benzene Emissions from Coke By-Product Recovery
Plants 40 C.F.R. Part 61 (July 1, 2025).
Subpart N
National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing
Plants 40 C.F.R. Part 61 (July 1, 2025)
rt K
Repealed – Reserved for National Emission Standards for Radionuclide Emissions from
Elemental Phosphorous Plants 40 C.F.R. Part 61.
Subpart L
National Emission Standard for Benzene Emissions from Coke By-Product Recovery
Plants 40 C.F.R. Part 61 (July 1, 2025).
Subpart N
National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing
Plants 40 C.F.R. Part 61 (July 1, 2025).
Subpart O
National Emission Standard for Inorganic Arsenic Emissions from Primary Copper
Smelters 40 C.F.R. Part 61 (July 1, 2023).
Subpart P
National Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioside and
Metallic Arsenic Production Facilities 40 C.F.R. Part 61 (July 1, 2025).
Subpart Q
Repealed – Reserved for National Emission Standards for Radon Emissions from
Department of Energy Facilities 40 C.F.R. Part 61.
Subpart R
Repealed – Reserved for National Emission Standards for Radon Emissions from
Phosphogypsum Stacks, 40 C.F.R. Part 61.
Subpart T
Repealed – Reserved for National Emission Standards for Radon Emissions from the
Disposal of Uranium Mill Tailings 40 C.F.R. Part 61.
Subpart V
National Emission Standard for Equipment Leaks (Fugitive Emission Sources) 40 C.F.R.
Part 61 (July 1, 2025).
Subpart W
Repealed – Reserved for National Emission Standards for Radon Emissions from
Operating Mill Tailings 40 C.F.R. Part 61.
Subpart Y
National Emission Standard for Benzene Emissions from Benzene Storage Vessels 40
C.F.R. Part 61 (July 1, 2025).
Subpart BB
National Emission Standard for Benzene Emissions from Benzene Transfer Operations
40 C.F.R. Part 61 (July 1, 2025).
Subpart FF
National Emission Standard for Benzene Waste Operations 40 C.F.R. Part 61 (July 1,
2025).
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
ion Standard for Benzene Emissions from Benzene Storage Vessels 40
C.F.R. Part 61 (July 1, 2025).
Subpart BB
National Emission Standard for Benzene Emissions from Benzene Transfer Operations
40 C.F.R. Part 61 (July 1, 2025).
Subpart FF
National Emission Standard for Benzene Waste Operations 40 C.F.R. Part 61 (July 1,
2025).
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
3
II.
Statements of Basis, Specific Statutory Authority and Purpose for Part A
II.A.
September 21, 1995, Emergency Rule with Part E
Title II of the Clean Air Act Amendments of 1990 was enacted to help reduce the levels of nationwide air
toxics emissions. Under Title III, Section 112 of the Act was amended to give the EPA authority to
establish national standards to reduce air toxics from sources that emit such pollutants.
The specific authority for this regulation is found in the Colorado Air Quality Control Act. Section 25-7-
105(12) provides the authority to promulgate regulations that are necessary to implement the minimum
elements of Title V of the Clean Air Act. Sections 25-7-105(i)(b) and 25-7-109(h) provide authority to
adopt emission control regulations and emission control regulations relating to HAPs respectively. Section
24-4-103(12.5) provides authority to adopt federal regulations by reference. Commission action in
promulgating these regulations is taken pursuant to the statutory provisions.
Authority for emergency rule making is found in the Colorado Air Quality Control Act; Section 25-7-109.1
provides that the Commission shall have the authority to adopt emergency rules under the rule making
procedure. The Commission finds that there is an emergency. This regulation provides Colorado citizens
protection from Hazardous Air Pollutants and will provide a complete operating permits program. These
changes address issues raised by the Colorado General Assembly Office of Legislative Legal Services.
II.B
at the Commission shall have the authority to adopt emergency rules under the rule making
procedure. The Commission finds that there is an emergency. This regulation provides Colorado citizens
protection from Hazardous Air Pollutants and will provide a complete operating permits program. These
changes address issues raised by the Colorado General Assembly Office of Legislative Legal Services.
II.B.
October 19, 1995, Radionuclide NESHAPS
Background
Title III of the Clean Air Act Amendments of 1990 was enacted to help reduce the levels of nationwide air
toxics emissions. Under Title II, Section 112 of the Act was amended to give the EPA the authority to
establish national standards to reduce air toxics from sources that emit such pollutants.
Specific Authority
The specific authority for this regulation is found in the Colorado Air Quality Control Act. Section 25-7-
105(12) provides authority to promulgate regulations that are necessary to implement the minimum
elements of Title V of the Clean Air Act. Sections 25-7-105(1)(i)(b) and 25-7-109(2)(h) provide authority to
adopt emission control regulations and emission control regulations relating to HAPs respectively. Section
24-4-103 (12.5) provides authority to adopt federal regulations by reference. Commission action in
promulgating these regulations is taken pursuant to the statutory provisions.
Section 25-7-109.1 provides specific authority for the emergency adoption of Federal regulations adopted
pursuant to Section 112 of the federal act and which modify or adopt MACT or GACT for new or existing
sources. The revisions proposed reinstate in Colorado Regulations a Federal MACT standard
promulgated by EPA under Section 112.
Purpose
This regulation provides Colorado citizens protection from Hazardous Air Pollutants and will provide a
complete operating permit program. These changes address issues raised by the Colorado General
Assembly Office of Legislative Legal Services.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
egulations a Federal MACT standard
promulgated by EPA under Section 112.
Purpose
This regulation provides Colorado citizens protection from Hazardous Air Pollutants and will provide a
complete operating permit program. These changes address issues raised by the Colorado General
Assembly Office of Legislative Legal Services.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
4
Existing EPA Agreements
Subpart H of 40 CFR61 is EPA's national standard that regulates non-radon radionuclide emissions from
Department of Energy (DOE) facilities. As allowed under this rule, EPA has approved an alternative
emission monitoring protocol and has entered into a memorandum of understanding with DOE that further
clarifies the methodology. In addition, DOE and EPA Region VIII have reached additional agreements
regarding the implementation of this alternative methodology, which agreements DOE has memorialized
in a letter. Each of these documents is a part of the record in this rulemaking. In adopting by reference 40
CFR 61, Subpart H, the Commission recognizes and accepts these agreements and approvals for use as
an approved alternative methodology in Colorado.
II.C.
December 21, 1995 (Section III.B - National Perchloroethylene Air Emission Standards for Dry
Cleaning Facilities)
Background
Title III of the Clean Air Act Amendments of 1990 was enacted to help reduce the levels of nationwide air
toxics emissions. Under Title III, Section 112 of the Act was amended to give the EPA the authority to
establish national standards to reduce air toxics from sources that emit such pollutants.
The Commission in 1994 originally adopted the Federal MACT for Percholorethylene dry cleaning
facilities. Legislative Legal Services in their 1994 review of Colorado regulation identified the adoption of
the Dry Cleaning MACT as having an incorrect citation to the Federal Register rather than the Code of
Federal Regulations (CFR). Because of this deficiency Regulation Number 8, Part A was allowed to
sunset
ssion in 1994 originally adopted the Federal MACT for Percholorethylene dry cleaning
facilities. Legislative Legal Services in their 1994 review of Colorado regulation identified the adoption of
the Dry Cleaning MACT as having an incorrect citation to the Federal Register rather than the Code of
Federal Regulations (CFR). Because of this deficiency Regulation Number 8, Part A was allowed to
sunset. These changes correct the identified deficiency.
Specific Authority
The specific authority for this regulation is found in the Colorado Air Quality Control Act. Section 25-7-
105(12) provides authority to promulgate regulations that are necessary to implement the minimum
elements of Title V of the Clean Air Act. Sections 25-7-105(1)(i)(b) and 25-7-109(2)(h) provide authority to
adopt emission control regulations and emission control regulations relating to HAPs respectively. Section
24-4-103 (12.5) provides authority to adopt federal regulations by reference. Commission action in
promulgating these regulations is taken pursuant to the statutory provisions.
Purpose
This regulation provides Colorado citizens protection from Hazardous Air Pollutants and will provide a
complete operating permit program. These changes address issues raised by the Colorado General
Assembly Office of Legislative Legal Services.
II.D.
July 15, 1999
Incorporation by Reference of Federal Amendments to 40 C.F.R. Part 61, Subparts A and R, and Part 63,
Subparts A, F, G, H, I, O, S, T, X, and JJ, and Federal standards in 40 C.F.R., Part 63, Subparts OO and
PP into Colorado Air Quality Control Commission Regulation Number 8, Parts A and E.
Background
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the
Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified
regulations, and with the requirements of Federal regulations incorporated by reference.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
r 8, Parts A and E.
Background
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the
Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified
regulations, and with the requirements of Federal regulations incorporated by reference.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
5
Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help
reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national
health-based standards (40 C.F.R. Part 61). However, the 1990 Clean Air Act Amendments established
Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish
national technology-based standards (40 C.F.R. Part 63) to reduce the emission of hazardous air
pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called
National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards
have also been called Maximum Achievable Control Technology (MACT) standards.
Basis
The EPA has promulgated revisions to the following standards: 40 C.F.R. Parts 61 and 63 General
Provisions, Radon Emissions from Phosphogypsum Stacks, Hazardous Organic, Halogenated Solvent
Degreasing, Ethylene Oxide Sterilization, Secondary Lead Smelting, Wood Furniture Manufacturing, and
Pulp and Paper Production NESHAPs. In addition, EPA has promulgated standards in 40 C.F.R. Part 63,
Subparts OO and PP that have never been adopted by the State. The State of Colorado is required under
Section 112 of the Clean Air Act to adopt such revisions and current standards into its regulations. This
rulemaking adopts these revisions to the NESHAPs and current NESHAPs.
Authority
Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S
PA has promulgated standards in 40 C.F.R. Part 63,
Subparts OO and PP that have never been adopted by the State. The State of Colorado is required under
Section 112 of the Clean Air Act to adopt such revisions and current standards into its regulations. This
rulemaking adopts these revisions to the NESHAPs and current NESHAPs.
Authority
Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1997) authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants
respectively.
Purpose
Adoption of amendments to 40 C.F.R. Part 61, Subparts A and R, and Part 63, Subparts A, F, G, H, I, O,
S, T, X, and JJ, and current standards in 40 C.F.R. Part 63, Subparts OO and PP will make these revised
NESHAPs and current NESHAPs enforceable under Colorado law. Adoption of the amendments will not
impose upon sources additional requirements beyond the minimum required by Federal law, and may
benefit the regulated community by providing sources with up-to-date information.
II.E.
November 18, 1999
Background
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the
Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified
regulations, and with the requirements of Federal regulations incorporated by reference.
Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help
reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national
health-based standards (40 C.F.R. Part 61). Part 61 standards are called National Emission Standards
for Hazardous Air Pollutants (NESHAPs).
Basis
The update to the CFR references brings the Regulation Number 8, Part A references up to the most
recent Government Printing Office publication. This allows the public the ability to use the most recently
published versions available.
Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S
Part 61 standards are called National Emission Standards
for Hazardous Air Pollutants (NESHAPs).
Basis
The update to the CFR references brings the Regulation Number 8, Part A references up to the most
recent Government Printing Office publication. This allows the public the ability to use the most recently
published versions available.
Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1997) authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants
respectively.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
6
Purpose
These changes provide a more user-friendly regulation.
1.
The Commission has considered, and has based its decision, on the reasonably available,
validated, reviewed and sound scientific methodologies and information made available by
interested parties.
2.
Evidence in the record supports the conclusion that the operating limitations adopted will result in
a demonstrable reduction in air pollution when taken in conjunction with the Federal New Source
Performance Standard.
3.
The alternative selected maximizes the air quality benefits of the emissions standards applicable.
II.F.
June 21, 2001
Incorporations by reference of Federal Amendments to 40 C.F.R. Parts 61 and 63, and a New Federal
Standard in 40 C.F.R. Part 63 into Regulation Number 8, Parts A and E
Background
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the
Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified
regulations, and with the requirements of Federal regulations incorporated by reference.
Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help
reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national
health-based standards (40 C.F.R. Part 61)
S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified
regulations, and with the requirements of Federal regulations incorporated by reference.
Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help
reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national
health-based standards (40 C.F.R. Part 61). However, the 1990 Clean Air Act Amendments established
Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish
national technology-based standards (40 C.F.R. Part 63) to reduce the emission of hazardous air
pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called
National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards
have also been called Maximum Achievable Control Technology (MACT) standards.
Basis
The EPA has promulgated revisions to the following: (1) the General Provisions contained in 40 C.F.R.
Parts 61 and 63, Subpart A; (2) current 40 C.F.R. Part 61 NESHAPs for the Synthetic Organic Chemical
Manufacturing Industry, and current 40 C.F.R. Part 63 NESHAPs for Hazardous Organic, Epoxy Resins
and Non-nylon Polyamides Production, Polyether Polyols Production, Halogenated Solvent Cleaning,
Aerospace Manufacturing and Rework facilities, Groups I and IV Polymers and Resins Production, Offsite
Waste and Recovery Operations, Containers, Pulp and Paper Production, Pharmaceutical Production,
and Hazardous Waste Combustion. In addition, the EPA has promulgated the following new standard: 40
C.F.R. Part 63, Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-alone Semi-
Chemical Pulp Mills. Also, the EPA has promulgated an interpretative rule to 40 C.F.R. Part 63, Subpart
B, Construction and Reconstruction of Major Sources. The State of Colorado is required under Section
112 of the Clean Air Act to adopt such revisions and new standards into its regulations
ard: 40
C.F.R. Part 63, Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-alone Semi-
Chemical Pulp Mills. Also, the EPA has promulgated an interpretative rule to 40 C.F.R. Part 63, Subpart
B, Construction and Reconstruction of Major Sources. The State of Colorado is required under Section
112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking
adopts these revisions.
Authority
Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants
respectively.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
7
Purpose
Adoption of the federal amendments to 40 C.F.R. Parts 61 and 63, and new federal standard in 40 C.F.R.
Part 63 will make these revisions enforceable under Colorado law.
Adoption of these revisions will not impose upon sources additional requirements beyond the minimum
required by federal law, and may benefit the regulated community by providing sources with up-to-date
information.
II.G.
Statement of Basis, Specific Statutory Authority and Purpose June 19, 2003
Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Parts
61 and 63 into Regulation Number 8, Parts A and E.
Background
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the
Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified
regulations, and with the requirements of Federal regulations incorporated by reference.
Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help
reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national
health-based standards (40 C.F.R. Part 61)
S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified
regulations, and with the requirements of Federal regulations incorporated by reference.
Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help
reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national
health-based standards (40 C.F.R. Part 61). However, the 1990 Clean Air Act Amendments established
Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish
national technology-based standards (40 C.F.R. Part 63) to reduce the emission of hazardous air
pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called
National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards
have also been called Maximum Achievable Control Technology (MACT) standards.
Basis
The EPA has promulgated revisions to the following current 40 C.F.R. Part 61 NESHAPs for: Emissions
of Radionuclides Other than Radon from Department of Energy Facilities and Benzene Waste
Operations. In addition, the EPA has promulgated revisions to the following current 40 C.F.R. Part 63
standards for: Generic Maximum Achievable Control Technology, Hazardous Waste Combustors,
Portland Cement Manufacturing, Pesticide Active Ingredient Production, Secondary Aluminum
Production, and Publicly Owned Treatment Works. The EPA has also promulgated the following new 40
C.F.R. Part 63 standards for: Municipal Solid Waste Landfills, Paper and Other Web Coating, and Friction
Materials Manufacturing Facilities. The State of Colorado is required under Section 112 of the Clean Air
Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these
revisions.
Authority
Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S
ing new 40
C.F.R. Part 63 standards for: Municipal Solid Waste Landfills, Paper and Other Web Coating, and Friction
Materials Manufacturing Facilities. The State of Colorado is required under Section 112 of the Clean Air
Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these
revisions.
Authority
Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants
respectively.
Purpose
Adoption of the federal amendments to and new federal standards in 40 C.F.R. Parts 61 and 63 will make
these revisions enforceable under Colorado law.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
8
II.H
July 15, 2004
Incorporations by Reference of Federal Amendments of Federal Amendments to and New Federal
Standards in 40 C.F.R. Part 63 into Regulation Number 8, Part A and E.
Background
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the
Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified
regulations, and with the requirements of Federal regulations incorporated by reference.
Basis
The EPA has promulgated revisions to current standards and new standards in 40 C.F.R. Part 63. The
State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new
standards into its regulations. This rulemaking adopts these revisions.
Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and – 109(4), C.R.S. (1999) authorize the Commission to
adopt emission control regulations and emission control regulations relating to hazardous air pollutants
respectively.
Purpose
Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these
revisions enforceable under Colorado law
dopts these revisions.
Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and – 109(4), C.R.S. (1999) authorize the Commission to
adopt emission control regulations and emission control regulations relating to hazardous air pollutants
respectively.
Purpose
Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these
revisions enforceable under Colorado law.
II.I
June 17, 2011
Incorporations by Reference of Federal Amendments of Federal Amendments to Federal Standards in 40
C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the
Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified
regulations, and with the requirements of Federal regulations incorporated by reference.
Basis
The EPA has promulgated revisions to current standards in 40 C.F.R. Part 61. The State of Colorado is
required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its
regulations. This rulemaking adopts these revisions.
Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and – 109(4), C.R.S. (1999) authorize the Commission to
adopt emission control regulations and emission control regulations relating to hazardous air pollutants
respectively.
Purpose
Adoption of the federal amendments to standards in 40 C.F.R. Part 61 will make these revisions
enforceable under Colorado law.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
25-7-109(2)(h) and – 109(4), C.R.S. (1999) authorize the Commission to
adopt emission control regulations and emission control regulations relating to hazardous air pollutants
respectively.
Purpose
Adoption of the federal amendments to standards in 40 C.F.R. Part 61 will make these revisions
enforceable under Colorado law.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
9
Further, these revisions will include corrections of any typographical, grammatical and formatting errors
throughout the regulation.
II.J
October 18, 2012
Incorporations by Reference of Federal Standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified
regulations, and with the requirements of regulations incorporated by reference.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. (2011) authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.K.
Adopted May 16, 2013
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A
and removal of the collection of Radionclude National Emission Standards Hazardous Air Pollutants, 40
C.F.R. Part 61, Subparts B, H, K, Q, R, T, and W
se revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.K.
Adopted May 16, 2013
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A
and removal of the collection of Radionclude National Emission Standards Hazardous Air Pollutants, 40
C.F.R. Part 61, Subparts B, H, K, Q, R, T, and W.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and -103(12.5) for adopted
or modified regulations, and with the requirements of regulations incorporated by reference.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
However, the EPA has not delegated authority to Colorado to implement and enforce the Radionuclide
NESHAPs, which are currently incorporated by reference into Regulation Number 8, Part A.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
10
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. (2011) authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Updating the incorporation date of the federal rules in 40 C.F.R. Part 61 in Regulation Number 8, Part A
makes these rules and revisions enforceable under Colorado law.
Regulation Number 8, Part A currently incorporates the Radionuclide NESHAPs for which EPA has not
delegated authority to Colorado to implement and enforce and for which Colorado does not intend to
pursue delegation at this time. This decision was based on the technical and resources demands
necessary to adequately implement these NESHAPs
es these rules and revisions enforceable under Colorado law.
Regulation Number 8, Part A currently incorporates the Radionuclide NESHAPs for which EPA has not
delegated authority to Colorado to implement and enforce and for which Colorado does not intend to
pursue delegation at this time. This decision was based on the technical and resources demands
necessary to adequately implement these NESHAPs. Maintaining these NESHAPs in Regulation Number
8, Part A creates an expectation that the Division will implement and enforce the regulations, regardless
of having been delegated authority. Therefore, the Commission removed these NESHAPs from the list of
NESHAPs incorporated by reference into Regulation Number 8, Part A. EPA is currently and will continue
to be the Administrator for these NESHAPs.
Further, these revisions may correct any typographical, grammatical, and formatting errors throughout the
regulation.
II.L.
Adopted August 21, 2014
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically
s to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
11
II.M.
Adopted August 20, 2015
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law
ubparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.N.
Adopted August 18, 2016
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
lemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
12
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.O.
Adopted May 18, 2017
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.P
rize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.P.
Adopted May 17, 2018
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
13
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.Q.
Adopted July 18, 2019
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A
ts,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.Q.
Adopted July 18, 2019
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.R.
Adopted May 21, 2020
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A
nts,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.R.
Adopted May 21, 2020
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
14
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.S.
Adopted May 20, 2021
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A
nts,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.S.
Adopted May 20, 2021
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.T.
Adopted May 19, 2022
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.T.
Adopted May 19, 2022
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
15
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.U.
Adopted May 17, 2023
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A
nts,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.U.
Adopted May 17, 2023
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
16
II.V.
Adopted May 16, 2024
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.W.
Adopted October 17, 2025
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A
specifically.
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
II.W.
Adopted October 17, 2025
Incorporation by reference of federal standards in 40 C.F.R. Part 61 into Regulation Number 8, Part A.
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, C.R.S., Sections 24-4-103(4) and -103(12.5) for adopted or
modified regulations, and with the requirements of regulations incorporated by reference; the Colorado Air
Pollution Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.; and the Air Quality
Control Commission’s (“Commission”) Procedural Rules.
Basis
The State of Colorado is required under Section 112 of the Clean Air Act to adopt revisions to and new
standards under 40 C.F.R. Part 61 into its regulations. This rulemaking amends the incorporation dates of
subparts already incorporated by reference.
Specific Statutory Authority
Sections 25-7-105(1)(b) and 25-7-109(2)(h) and 109(4), C.R.S. authorize the Commission to adopt
emission control regulations and emission control regulations relating to hazardous air pollutants,
specifically.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
17
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
F COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
17
Purpose
Adoption of federal amendments to standards in 40 C.F.R. Part 61 make revisions enforceable under
Colorado law. Further, these revisions may include corrections of any typographical, grammatical, and
formatting errors throughout the regulation.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
18
PART B
Asbestos Control
I.
Incorporated Materials, Definitions, and Acronyms
I.A.
Incorporated Materials
Some documents are noted in this regulation as being incorporated by reference. Materials
incorporated by reference are those in existence as of the dates indicated and do not include later
amendments. The material incorporated by reference is available for public inspection during
regular business hours at the Office of the Commission, located at 4300 Cherry Creek Drive
South, Denver, Colorado 80246-1530, or may be examined at any state publications depository
library. Parties wishing to inspect these materials should contact the Technical Secretary of the
Commission, located at the Office of the Commission. The materials incorporated by reference,
except for the ASTM Standards, are also available through the Colorado Department of Public
Health and Environment at www.colorado.gov/cdphe/asbestos.
The following materials are herein incorporated by reference:
I.A.1.
United States Environmental Protection Agency's Asbestos Hazard Emergency
Response Act (AHERA), (2010) Subpart E, 40 C.F.R. Part 763, Section 1, and Appendix
A to Subpart E.
I.A.2.
United States Environmental Protection Agency's Asbestos Hazard Emergency
Response Act (AHERA) Model Accreditation Plan (MAP), 40 C.F.R. Part 763 (2011),
Subpart E, Appendix C.
I.A.3.
United States Environmental Protection Agency's National Emission Standard for
Asbestos, Standard for Waste Disposal for Manufacturing, Fabricating, Demolition,
Renovation, And Spraying Operations, 40 C.F.R. Part 61 Section 150 (2011).
I.A.4
al Protection Agency's Asbestos Hazard Emergency
Response Act (AHERA) Model Accreditation Plan (MAP), 40 C.F.R. Part 763 (2011),
Subpart E, Appendix C.
I.A.3.
United States Environmental Protection Agency's National Emission Standard for
Asbestos, Standard for Waste Disposal for Manufacturing, Fabricating, Demolition,
Renovation, And Spraying Operations, 40 C.F.R. Part 61 Section 150 (2011).
I.A.4.
United States Environmental Protection Agency's August 1994 Method EPA /600/R-
93/116, “Method for the Determination of Asbestos in Bulk Building Materials”.
I.A.5.
National Institute for Occupational Safety and Health (NIOSH) Method 7400 entitled
“Asbestos and Other Fibers by PCM” published in the NIOSH Manual of Analytical
Methods, 5th Edition, third supplement, June 2019.
I.A.6.
ASTM International Method D5755-09 (Reapproved April 2014), “Standard Test Method
for Microvacuum Sampling and Indirect Analysis of Dust by Transmission Electron
Microscopy for Asbestos Structure Number Surface Loading.”
I.A.7.
ASTM International Method D6480-19 (January 2019), “Standard Test Method for Wipe
Sampling of Surfaces, Indirect Preparation, and Analysis for Asbestos Structure Number
Surface Loading by Transmission Electron Microscopy.”
I.B.
Definitions
All terms used in this Regulation Number 8, Part B, and that are not defined are given the same
meaning as in the definitions in Regulation Number 8, Part A Section (I.D.), and the Common
Provisions regulation:
I.B.1.
“Accessible” when referring to “asbestos containing material (ACM)” means that the
material is subject to disturbance by school or building occupants or custodial or
maintenance personnel in the course of their normal activities.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
ons in Regulation Number 8, Part A Section (I.D.), and the Common
Provisions regulation:
I.B.1.
“Accessible” when referring to “asbestos containing material (ACM)” means that the
material is subject to disturbance by school or building occupants or custodial or
maintenance personnel in the course of their normal activities.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
19
I.B.2.
“Act” means C.R.S. Sections 25-7-101 et seq., concerning the control of asbestos.
I.B.3.
“Adequately wet” means sufficiently mixed or penetrated with amended water to prevent
the release of particulates. If visible emissions are observed coming from an asbestos-
containing material, then that material has not been adequately wetted. However, the
absence of visible emissions is not sufficient evidence of being adequately wet.
I.B.4.
“Air erosion” means the passage of air over friable ACM, which may result in the release
of asbestos fibers.
I.B.5.
“Airlock” means a system of rooms or self-closing doorways permitting ingress and
egress between contaminated and uncontaminated areas with a minimum of air
movement. The airlock system must be installed to allow the flow of clean air into the
area of contamination, but automatically self-close and prevent backflow (airborne
contamination from exiting the contaminated area) in case of negative pressure system
failure.
I.B.6.
“Air monitoring” means measuring the fiber content of a known volume of air collected
over a known period of time.
I.B.7.
“Air Monitoring Specialist (AMS)” means a person who performs final visual clearance
inspections, asbestos spill delineation, or any air monitoring referred to in this regulation.
I.B.8.
“Amended water” means a mixture of water and a chemical wetting agent (surfactant) to
reduce surface tension that provides control of asbestos fiber release. Amended water
means water to which a surfactant has been added to increase the ability of water to
penetrate ACM.
I.B.9.
Area of Public Access
I.B.9.a
s, asbestos spill delineation, or any air monitoring referred to in this regulation.
I.B.8.
“Amended water” means a mixture of water and a chemical wetting agent (surfactant) to
reduce surface tension that provides control of asbestos fiber release. Amended water
means water to which a surfactant has been added to increase the ability of water to
penetrate ACM.
I.B.9.
Area of Public Access
I.B.9.a. “Area of Public Access” means any building, facility, or property, or only that
portion thereof, that any member of the general public can enter without limitation
or restriction by the owner or lessee under normal business conditions; “Area of
Public Access” includes any facility that charges the general public a fee for
admission such as any theater or arena. “General Public” does not include
employees of the entity that owns, leases, or operates such building, facility, or
property, or such portion thereof, or any service personnel or vendors connected
therewith. Except as provided in Section I.B.9.b. Area of Public Access includes
any single-family residential dwelling.
I.B.9.b. Notwithstanding the provisions of Section I.B.9.a., a single-family residential
dwelling shall not be considered an area of public access for purposes of this
Regulation Number 8, Part B, if the homeowner who resides in the single-family
residential dwelling that is the homeowner's primary residence requests,
pursuant to Section III.E.2., that the single-family residential dwelling not be
considered an area of public access.
I.B.10. “Asbestos” means asbestiform varieties of chrysotile, amosite (cummingtonite-grunerite),
crocidolite, anthophyllite, tremolite, and actinolite.
I.B.11. “Asbestos Abatement” means any of the following:
I.B.11.a.
The wrecking or removal of structural members that contain friable
asbestos-containing material;
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
c access.
I.B.10. “Asbestos” means asbestiform varieties of chrysotile, amosite (cummingtonite-grunerite),
crocidolite, anthophyllite, tremolite, and actinolite.
I.B.11. “Asbestos Abatement” means any of the following:
I.B.11.a.
The wrecking or removal of structural members that contain friable
asbestos-containing material;
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
20
I.B.11.b.
The following practices intended to prevent or control the escape of
asbestos fibers into the atmosphere:
I.B.11.b.(i)
Encapsulating coating, binding, or resurfacing of walls, ceilings,
pipes, or other structures for the purpose of minimizing friable asbestos-
containing material from becoming airborne;
I.B.11.b.(ii)
Enclosing friable asbestos-containing material to make it
inaccessible;
I.B.11.b.(iii)
Removing friable asbestos-containing material from any pipe,
duct, boiler, tank, reactor, furnace, or other structural member.
I.B.11.b.(iv)
Removing facility components that are covered with or contain
friable asbestos-containing material;
I.B.11.b.(v)
Conducting a major spill response.
I.B.12. “Asbestos Consulting Firm (ACF)” means any person that performs or offers to perform
any of the following activities, as required by Regulation Number 8, Part B, in the state of
Colorado: asbestos building inspection and bulk sampling; development of asbestos
management plans; air monitoring for asbestos fibers; development of asbestos project
designs; and, project management. A Project Designer employed by a General
Contractor (GAC) may create a project design for his/her employer without the GAC
needing to register as an ACF.
I.B.13. “Asbestos Laboratory” means any person that performs or offers to perform asbestos
analysis of bulk or air samples, as required by Regulation Number 8, Part B, in the state
of Colorado.
I.B.14
tos project
designs; and, project management. A Project Designer employed by a General
Contractor (GAC) may create a project design for his/her employer without the GAC
needing to register as an ACF.
I.B.13. “Asbestos Laboratory” means any person that performs or offers to perform asbestos
analysis of bulk or air samples, as required by Regulation Number 8, Part B, in the state
of Colorado.
I.B.14. “Asbestos Training Provider” means any person who performs or offers to perform
asbestos training courses in any of the following asbestos disciplines in the state of
Colorado: Worker, Supervisor, Project Designer, Building Inspector, Management
planner or Air Monitoring Specialist.
I.B.15. “Asbestos-containing building material (ACBM)” means surfacing ACM, thermal system
insulation ACM, or miscellaneous ACM that is found in or on interior structural members
or other parts of a school building or state building.
I.B.16. “Asbestos-containing material (ACM)” means material containing more than 1%
asbestos.
I.B.17. “Asbestos-containing waste material (ACWM)” means mill tailings or any waste that
contains commercial asbestos and is generated by a source subject to the provisions of
this Regulation. This term includes, but is not limited to, asbestos waste from control
devices, friable asbestos-containing waste material, spill debris, disposable equipment
and containment components and clothing, and bags or other similar packaging
contaminated with commercial asbestos fibers. As applied to demolition and renovation
operations, this term also includes regulated asbestos-containing material waste and
materials contaminated with asbestos including disposable equipment and clothing.
I.B.18. “Asbestos-contaminated” means any material that has had contact with or been affected
by an impacted or damaged material containing more than 1% asbestos. An
accumulation of powder, dust or debris similar in appearance to an ACM can be used as
evidence of contamination.
asbestos-containing material waste and
materials contaminated with asbestos including disposable equipment and clothing.
I.B.18. “Asbestos-contaminated” means any material that has had contact with or been affected
by an impacted or damaged material containing more than 1% asbestos. An
accumulation of powder, dust or debris similar in appearance to an ACM can be used as
evidence of contamination.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
21
I.B.19. “Asbestos debris” means pieces of ACM that can be identified by color, texture, or
composition, or means dust, if the dust is determined by a certified Inspector to be ACM.
I.B.20. “Asbestos mill” means any facility engaged in converting, or in any intermediate step in
converting, asbestos ore into commercial asbestos. Outside storage of asbestos-
containing material is not considered a part of the asbestos mill.
I.B.21. “Asbestos spill” means any release of asbestos fibers due to a breach of the containment
barrier on an abatement project, or due to any cause other than asbestos abatement.
I.B.22. “Asbestos tailings” mean any solid waste that contains asbestos and is a product of
asbestos mining or milling operation.
I.B.23. “Assessment”, when used in reference to friable ACM means an evaluation of the
condition of ACM or ACBM, or suspected ACM or ACBM, which determines the need for
a response action.
I.B.24. “Business day” means Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding state
holidays.
I.B.25. “Category I nonfriable asbestos-containing material” means asbestos-containing packing,
gaskets, resilient floor covering, and asphalt roofing products containing more than1
percent asbestos as determined using the method specified in Appendix E, Subpart E, 40
C.F.R. Part 763, Section 1, polarized light microscopy (EPA 1995).
I.B.26
Friday, 8:00 a.m. to 5:00 p.m., excluding state
holidays.
I.B.25. “Category I nonfriable asbestos-containing material” means asbestos-containing packing,
gaskets, resilient floor covering, and asphalt roofing products containing more than1
percent asbestos as determined using the method specified in Appendix E, Subpart E, 40
C.F.R. Part 763, Section 1, polarized light microscopy (EPA 1995).
I.B.26. “Category II nonfriable ACM” means any material, excluding Category I nonfriable ACM,
containing more than 1 percent asbestos as determined using the methods specified in
Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1, polarized light microscopy, (EPA
1995) that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand
pressure.
I.B.27. “Certified” means holding a certificate issued pursuant to this regulation.
I.B.28. “Certified Industrial Hygienist (CIH)” means an individual who has been certified by the
American Board of Industrial Hygiene to practice as a CIH.
I.B.29. “Clean Room” means an uncontaminated area or room, which is a part of the
decontamination unit with provisions for storage of street clothes and clean protective
equipment. The clean room must be sized to accommodate the clothes and equipment of
the work crew.
I.B.30. “Commercial asbestos” means any material containing asbestos that is extracted from
ore and has value because of its asbestos content.
I.B.31. “Commission” means the Colorado Air Quality Control Commission.
I.B.32. “Conflict of Interest” means any situation that has the potential to prevent impartiality or
create bias.
I.B.33. “Critical Barrier” means a single layer of 6-mil or greater polyethylene sheeting or an
equivalent airtight barrier installed initially over all openings between the work area and
non-work area (i.e. doors, windows, ventilation openings, drains, wall penetrations, etc.),
as an additional measure to prevent air from escaping the work area.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
er” means a single layer of 6-mil or greater polyethylene sheeting or an
equivalent airtight barrier installed initially over all openings between the work area and
non-work area (i.e. doors, windows, ventilation openings, drains, wall penetrations, etc.),
as an additional measure to prevent air from escaping the work area.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
22
I.B.34. “Curtained Doorway” means a device to allow ingress or egress from one room to
another while permitting only minimal air movement between the rooms. The curtains
must self-close should negative air pressure fail.
I.B.35. “Cutting” means to penetrate with a sharp-edged instrument and includes sawing, but
does not include shearing, slicing, or punching.
I.B.36. “Damaged friable miscellaneous ACM” means friable miscellaneous ACM which has
deteriorated or sustained physical injury such that the internal structure (cohesion) of the
material is inadequate or, if applicable, which has delaminated such that its bond to the
substrate (adhesion) is inadequate or which for any other reason, lacks fiber cohesion or
adhesion qualities. Such damage or deterioration may be illustrated by the separation of
ACM into layers; separation of ACM from the substrate; flaking, blistering, or crumbling of
the ACM surface; water damage; significant or repeated water stains, scrapes, gouges,
mars or other signs of physical injury on the ACM. Asbestos debris originating from the
ACM in question may also indicate damage.
I.B.37. “Damaged friable surfacing ACM” means friable surfacing ACM, which has deteriorated
or sustained physical injury such that the internal structure (cohesion) of the material is
inadequate or which has delaminated such that its bond to the substrate (adhesion) is
inadequate, or which, for any other reason lacks fiber cohesion or adhesion qualities
he
ACM in question may also indicate damage.
I.B.37. “Damaged friable surfacing ACM” means friable surfacing ACM, which has deteriorated
or sustained physical injury such that the internal structure (cohesion) of the material is
inadequate or which has delaminated such that its bond to the substrate (adhesion) is
inadequate, or which, for any other reason lacks fiber cohesion or adhesion qualities.
Such damage or deterioration may be illustrated by the separation of ACM into layers;
separation of ACM from the substrate; flaking, blistering, or crumbling of the ACM
surface; water damage; significant or repeated water stains, scrapes, gouges, mars or
other signs of physical injury on the ACM. Asbestos debris originating from the ACM in
question may also indicate damage.
I.B.38. “Damaged or significantly damaged thermal system insulation ACM” means thermal
system insulation ACM on pipes, boilers, tanks, ducts, and other thermal system
insulation equipment where the insulation has lost its structural integrity, or its covering,
in whole or in part, is crushed, water-stained, gouged, punctured, missing, or not intact
such that it is not able to contain fibers. Damage may be further illustrated by occasional
punctures, gouges or other signs of physical injury to ACM; occasional water damage on
the protective coverings/jackets; or exposed ACM ends or joints. Asbestos debris
originating from the ACM in question may also indicate damage.
I.B.39. “Decontamination unit” means a series of three (minimum) connected chambers,
separated from the work area and from each other by air locks or curtained doorways, to
allow for the decontamination of persons and equipment. The air locks or curtained
doorways must self-close should negative air pressure fail. The decontamination unit
must contain a shower equipped with hot and cold water adjustable at the tap.
I.B.40
unit” means a series of three (minimum) connected chambers,
separated from the work area and from each other by air locks or curtained doorways, to
allow for the decontamination of persons and equipment. The air locks or curtained
doorways must self-close should negative air pressure fail. The decontamination unit
must contain a shower equipped with hot and cold water adjustable at the tap.
I.B.40. “Demolition” means the wrecking or removal of any load-supporting structural member of
a facility together with any handling of debris related to the demolition, the intentional
burning of any facility, or moving a facility from a permanent foundation.
I.B.41. “Division” means the Colorado Air Pollution Control Division.
I.B.42. “Emergency” means an unexpected situation or sudden occurrence of a serious and
urgent nature that demands immediate action and that constitutes a threat to life, health
or that may cause major damage to a property. Delay of a contract does not constitute an
emergency, nor are demolition projects emergencies unless the facility has been
declared in imminent danger of collapse by a governmental entity.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
23
I.B.43. “Encapsulation” means application of a liquid material to asbestos-containing material
which controls the possible release of asbestos fibers from the material either by creating
a membrane over the surface (bridging encapsulant) or by penetrating into the material
and binding its components together (penetrating encapsulant). Painting for purposes
other than controlling asbestos fibers is not considered encapsulation.
I.B.44. “Enclosure” means an airtight, impermeable, permanent barrier around ACM to minimize
the release of asbestos fibers into the air.
I.B.45. “Equipment room” means a contaminated chamber or room, which is part of the
decontamination unit which provides for storage of contaminated clothing and equipment.
I.B.46
or purposes
other than controlling asbestos fibers is not considered encapsulation.
I.B.44. “Enclosure” means an airtight, impermeable, permanent barrier around ACM to minimize
the release of asbestos fibers into the air.
I.B.45. “Equipment room” means a contaminated chamber or room, which is part of the
decontamination unit which provides for storage of contaminated clothing and equipment.
I.B.46. “Fabricating” means any processing (e.g., cutting, sawing, drilling) of a manufactured
product that contains commercial asbestos, with the exception of processing at
temporary sites (field fabricating) for the construction or restoration of facilities. In the
case of friction products, fabricating includes bonding, rebonding, grinding, sawing,
drilling, or other similar operations performed as part of fabricating.
I.B.47. “Facility” means any institutional, commercial, public, industrial, or residential structure,
installation, or building (including any structure, installation, or building containing
condominiums or individual dwelling units operated as a residential cooperative), any
ship; any railcar; and any active or inactive waste disposal site. Any structure, installation
or building that was previously subject to this subpart is not excluded, regardless of its
current use or function.
I.B.48. “Facility component” means any part of a facility, or an intact component from a
previously renovated or demolished facility, including equipment.
I.B.49. “Fiber release episode” means any uncontrolled or unintentional disturbance of ACBM in
school buildings resulting in visible emissions.
I.B.50. “Final cleaning” means the cleaning of all dust and debris from the work area near the
end of the active abatement phase, immediately prior to the final visual inspection.
I.B.51. “Fixed object” means a piece of equipment or furniture in the work area (mounted or
attached), which cannot be readily removed from the work area.
I.B.52
f ACBM in
school buildings resulting in visible emissions.
I.B.50. “Final cleaning” means the cleaning of all dust and debris from the work area near the
end of the active abatement phase, immediately prior to the final visual inspection.
I.B.51. “Fixed object” means a piece of equipment or furniture in the work area (mounted or
attached), which cannot be readily removed from the work area.
I.B.52. “Friable” means that the material, when dry, may be crumbled, pulverized, or reduced to
powder by hand pressure. Friable includes previously nonfriable material after such
previously nonfriable material becomes damaged or disturbed to the extent that when dry
it may be crumbled, pulverized, or reduced to powder by hand pressure.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
24
I.B.53. “Full containment” means a pressurized system of airtight barriers constructed to isolate
a work area to prevent cross-contamination and the release of asbestos fibers. This
system must include, at minimum, the following items which are presented in more detail
in Sections III.I. Critical Barrier Installation through Section III.N. Containment
Components: Critical barriers, two (2) layers of six (6) mil polyethylene sheeting installed
on the floor extending at least twelve (12) inches up the walls, two (2) layers of four (4)
mil polyethylene sheeting installed on the walls extending at least twelve (12) inches
beyond wall/floor joints, and, if a work area has a ceiling that will not be abated as part of
the abatement work, one (1) layer of four (4)mill polyethylene installed on the ceiling
extending at least twelve (12) inches beyond wall/ceiling joints. Additionally, a
decontamination unit, a waste loadout area, a viewport, and negative air machines which
maintain a pressure differential from the work area to the clean area at a minimum of -
0.02 inches of water and exchanges air within the work area a minimum of four (4) times
per hour are required.
I.B.54
installed on the ceiling
extending at least twelve (12) inches beyond wall/ceiling joints. Additionally, a
decontamination unit, a waste loadout area, a viewport, and negative air machines which
maintain a pressure differential from the work area to the clean area at a minimum of -
0.02 inches of water and exchanges air within the work area a minimum of four (4) times
per hour are required.
I.B.54. “Functional space” means a room, group of rooms, or homogeneous area (including
crawl spaces or the space between a dropped ceiling and the floor or roof deck above),
designated by a person certified under this regulation to inspect, prepare management
plans, design abatement projects, or conduct response actions.
I.B.55. “General Abatement Contractor (GAC)” means any certified person that performs or
offers to perform asbestos abatement.
I.B.56. “Glovebag” means a manufactured or fabricated device, typically constructed of six mil
transparent polyethylene or polyvinylchloride plastic, consisting of two inward projecting
long sleeves with attached gloves, an internal tool pouch, and an attached, labeled
receptacle for asbestos waste.
I.B.57. “Grinding” means to reduce to powder or small fragments and includes mechanical
chipping or drilling.
I.B.58. “HEPA filtration” means a filtering system capable of trapping and retaining at least 99.97
percent of all monodispersed particles 0.3 microns in diameter or larger.
I.B.59. “HEPA vacuum” means a vacuum system approved by the manufacturer for use in
asbestos applications equipped with HEPA filtration.
I.B.60. “Homogeneous area” means an area of surfacing material, thermal system insulation
material, or miscellaneous material that is uniform in color, texture, and, after due
diligence on the part of the certified Asbestos Building Inspector, appears or has been
confirmed, to have the same date of application, and is unlikely to consist of more than
one type, or formulation, of material.
I.B.61
.
I.B.60. “Homogeneous area” means an area of surfacing material, thermal system insulation
material, or miscellaneous material that is uniform in color, texture, and, after due
diligence on the part of the certified Asbestos Building Inspector, appears or has been
confirmed, to have the same date of application, and is unlikely to consist of more than
one type, or formulation, of material.
I.B.61. “Independent” means that a person is not an employee, agent, representative, partner,
joint venture, shareholder, parent or subsidiary company of another person.
I.B.62. “In poor condition” means the binding of the material is losing its integrity as indicated by
peeling, cracking, flaking, or crumbling of the material.
I.B.63. “Installation” means any building or structure or any group of buildings or structures at a
single demolition or renovation site that are under the control of the same owner or
operator (or owner or operator under common control).
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
25
I.B.64. “Inspection” means an activity undertaken to determine the presence or location, or to
assess the condition of, friable or non-friable ACM or ACBM or suspected ACM or ACBM,
whether by visual or physical examination, or by collecting samples of such material. This
term includes reinspections of friable and non-friable known or assumed ACM or ACBM
which has been previously identified. The term does not include the following: a) periodic
surveillance of the type described in 40 CFR 763.92(b) and Regulation Number 8, Part B,
Section IV.I.2. solely for the purpose of recording or reporting a change in the condition of
known or assumed ACBM; b) inspections performed by employees or agents of Federal,
State, or local government solely for the purpose of determining compliance with
applicable statutes or regulations; or c) visual inspections of the type described in 40
CFR 763.90(i) or Section III.P.1. conducted solely for the purpose of determining
completion of response actions.
I.B.65
change in the condition of
known or assumed ACBM; b) inspections performed by employees or agents of Federal,
State, or local government solely for the purpose of determining compliance with
applicable statutes or regulations; or c) visual inspections of the type described in 40
CFR 763.90(i) or Section III.P.1. conducted solely for the purpose of determining
completion of response actions.
I.B.65. “Large contiguous facility complex” means a complex that has a single owner and has 3
or more buildings on a single property or adjoining properties.
I.B.66. “Leak-tight” means that solids, dust or liquids cannot escape or spill out.
I.B.67. “Local education agency (LEA)” means:
I.B.67.a.
Any local educational agency as defined in Section 198 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381).
I.B.67.b.
The operator of any nonpublic, nonprofit, elementary, or secondary
school building.
I.B.67.c.
The governing authority of any school building operated under the
Defense Department's education system provided for under the Defense
Department's Education Act of 1978 (20 U.S.C. 921, et seq.).
I.B.68. “Major asbestos spill” means an asbestos spill involving the disturbance of friable, as
defined in Section I.B.52., ACM in an amount greater than the trigger levels.
I.B.69. “Makeup air intake” means a way to provide supplemental airflow into the work area. The
opening must be installed through the polyethylene walls of the containment in order to
facilitate the flow of additional clean air into that containment. Makeup air intakes must be
fitted with a first stage (primary) filter and an interior mounted flap of 6-mil polyethylene
which is larger than the filter by a minimum of 2” in all directions, and slightly weighted at
the bottom so that if the containment loses pressure, the flap will self-close and air will
not be released from inside of the containment. Where installed, air flow into the
containment through the makeup air intake must be confirmed by the use of smoke
tubes
interior mounted flap of 6-mil polyethylene
which is larger than the filter by a minimum of 2” in all directions, and slightly weighted at
the bottom so that if the containment loses pressure, the flap will self-close and air will
not be released from inside of the containment. Where installed, air flow into the
containment through the makeup air intake must be confirmed by the use of smoke
tubes. If used, the makeup air intake must be installed prior to the removal of any ACM.
I.B.70. “Manufacturing” means the combining of commercial asbestos -or, in the case of woven
friction products, the combining of textiles containing commercial asbestos - with any
other material(s), including commercial asbestos, and the processing of this combination
into a product. Chlorine production is considered a part of manufacturing.
I.B.71. “Mini-containment” means any containment barrier small enough to restrict entry to the
asbestos work area to no more than two workers, constructed around an area where
small-scale, short-duration asbestos abatement is to be performed.
I.B. 72. “Minor asbestos spill” means an asbestos spill involving the disturbance of ACM in an
amount less than or equal to the trigger levels.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
26
I.B.73. “Miscellaneous ACM” means miscellaneous material that is ACM.
I.B.74. “Miscellaneous material” means building material on components, structural members or
fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal
system insulation.
I.B. 75. “Movable objects” means pieces of free-standing equipment or furniture, not mounted or
attached in the work area which can be readily removed from the work area. Movable
objects remaining in the work area which cannot be readily removed from the area must
be protected pursuant to Section III.M, Covering Fixed Objects and must be able to be
moved in the work area to clean under such items and to facilitate final clearance.
I.B. 76
free-standing equipment or furniture, not mounted or
attached in the work area which can be readily removed from the work area. Movable
objects remaining in the work area which cannot be readily removed from the area must
be protected pursuant to Section III.M, Covering Fixed Objects and must be able to be
moved in the work area to clean under such items and to facilitate final clearance.
I.B. 76. “Negative air machine (NAM)” means a portable exhaust system specifically
manufactured for use in the asbestos abatement industry that is equipped with HEPA
filtration and capable of maintaining a constant high velocity air flow out of the
contaminated area, resulting in a constant low velocity air flow into contaminated areas
from adjacent uncontaminated areas.
I.B. 77. “Nonfriable” means material which, when dry, may not be crumbled, pulverized, or
reduced to powder by hand pressure. Damaged nonfriable material or nonfriable
materials in poor condition may become friable.
I.B. 78. “Operations and maintenance program” means a program of work practices developed
by a certified management planner to maintain friable ACM or ACBM in good condition,
ensure clean-up of asbestos fibers previously released, and prevent further release by
minimizing and controlling friable ACM or ACBM disturbance or damage.
I.B. 79. “Particulate asbestos material” means finely divided particles of asbestos or material
containing asbestos.
I.B. 80. “Person” means any individual, any public or private company, corporation, partnership,
association, firm, trust, or estate, the state or any department, institution, or agency
thereof, any municipal corporation, county, city and county, or other political subdivision
of the state, or any other legal entity, which is recognized by law as the subject of rights
and duties.
I.B. 81. “Phase Contrast Microscopy (PCM)” is an analytical technique used for the counting of
fibers on a filter of an air sample. This technique is not specific for asbestos.
I.B. 82
itution, or agency
thereof, any municipal corporation, county, city and county, or other political subdivision
of the state, or any other legal entity, which is recognized by law as the subject of rights
and duties.
I.B. 81. “Phase Contrast Microscopy (PCM)” is an analytical technique used for the counting of
fibers on a filter of an air sample. This technique is not specific for asbestos.
I.B. 82. “Polarized Light Microscopy (PLM)” is an analytical technique used for identifying types of
asbestos fibers in bulk material samples.
I.B. 83. “Porous” means capable of trapping, retaining or holding asbestos fibers even during
aggressive cleaning methods such as wet washing, wiping and HEPA vacuuming.
I.B. 84. “Potential damage” means circumstances in which:
I.B. 84.a.
Friable ACM or ACBM is in an area regularly used by building occupants
including maintenance personnel, in the course of their normal activities.
I.B. 84.b.
There are indications that there is a reasonable likelihood that the
material or its covering will become damaged, deteriorated, or delaminated due
to factors such as changes in building use, changes in operations and
maintenance practices, changes in occupancy, or recurrent damage.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
27
I.B. 85. “Potential significant damage” means circumstances in which:
I.B. 85.a.
Friable ACM or ACBM is in an area regularly used by building occupants,
including maintenance personnel, in the course of their normal activities.
I.B. 85.b.
There are indications that there is a reasonable likelihood that the
material or its covering will become significantly damaged, deteriorated, or
delaminated due to factors such as changes in building use, changes in
operations and maintenance practices, changes in occupancy, or recurrent
damage.
I.B. 85.c.
The material is subject to major or continuing disturbance, due to factors
including, but not limited to, accessibility or, under certain circumstances,
vibration or air erosion.
I.B. 86
ill become significantly damaged, deteriorated, or
delaminated due to factors such as changes in building use, changes in
operations and maintenance practices, changes in occupancy, or recurrent
damage.
I.B. 85.c.
The material is subject to major or continuing disturbance, due to factors
including, but not limited to, accessibility or, under certain circumstances,
vibration or air erosion.
I.B. 86. “Pre-cleaning” means the cleaning of surfaces inside the work area of visible dust and
debris prior to active abatement.
I.B. 87. “Preventive measures” mean actions taken to reduce disturbance of ACBM or otherwise
eliminate the reasonable likelihood of the materials becoming damaged or significantly
damaged.
I.B.88. “Project” means planned work or activity that will be finished over a period of time and is
intended to achieve a particular purpose. Calculation to determine if activities required
under Regulation Number 8, Part B, will exceed trigger levels is done by summing up all
quantities of ACM present in the building that will be directly impacted/damaged by the
planned work that will occur during a particular project. Building owners or contractors
may not avoid the requirements of Regulation Number 8, Part B by breaking up a project
to remain below trigger levels.
I.B.89. “Project Design” means plans, specifications, project procedures, containment
design/placement, descriptions of engineering controls, and shop drawings for an
asbestos abatement project or response action. The project design must be written and
amended by a certified Project Designer and be specific and unique to each project.
I.B.90. “Public and Commercial Building” means any facility, which is not a school building.
Single-family residential dwellings are excluded from this definition. Common areas of
multi-unit dwellings including, but not limited to, hallways, entryways and boiler rooms are
considered to fall under this definition of a public and commercial building. This definition
includes all industrial buildings.
I.B.91
“Public and Commercial Building” means any facility, which is not a school building.
Single-family residential dwellings are excluded from this definition. Common areas of
multi-unit dwellings including, but not limited to, hallways, entryways and boiler rooms are
considered to fall under this definition of a public and commercial building. This definition
includes all industrial buildings.
I.B.91. “Quantify” means to measure or count or otherwise determine, to the extent practicable,
the amount of ACM.
I.B.92. “Regulated asbestos-containing material (RACM)” means (a) friable asbestos-containing
material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable
ACM that will be or has been subjected to sanding, grinding, cutting, or abrading or (d)
Category II nonfriable ACM that has a high probability of becoming or has become
crumbled, pulverized, or reduced to powder by the forces expected to act on the material
in the course of demolition or renovation operations regulated by this regulation.
I.B.93. “Removal” means the taking out or the stripping of ACM or ACBM from a damaged area,
a functional space, or a homogeneous area in or on a facility.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
28
I.B.94. “Renovation” means altering in any way one or more components in or on a facility.
Operations in which load-supporting structural members are wrecked or removed are
demolitions. Examples of renovation work include replacement or repair of mechanical
ventilation systems, pipes, ceilings, walls, flooring (including floor tiles), and insulating
materials. Renovation may also include the construction of additions or the modification
of existing components where tie-ins, joints or other intersection may occur.
I.B.95. “Repair” means returning damaged ACM or ACBM to an undamaged condition or to an
intact state so as to prevent fiber release.
I.B.96. “Resilient Floor Tile” means tile, which may include vinyl asbestos tile (VAT), asphalt tile,
and rubber tile
tion may also include the construction of additions or the modification
of existing components where tie-ins, joints or other intersection may occur.
I.B.95. “Repair” means returning damaged ACM or ACBM to an undamaged condition or to an
intact state so as to prevent fiber release.
I.B.96. “Resilient Floor Tile” means tile, which may include vinyl asbestos tile (VAT), asphalt tile,
and rubber tile. Tile often appears as 9” x 9” or 12” x 12” floor tile squares. This material
may be found in schools, offices and residential applications. Not all resilient floor tile
contains asbestos.
I.B.97. “Response action” means a method, including removal, encapsulation, enclosure, repair,
operations and maintenance that protect human health and the environment from friable
ACM or ACBM.
I.B.98. “Roadways” mean surfaces on which vehicles travel. This term includes public and
private highways, roads, streets, parking areas, and driveways.
I.B.99. “Routine maintenance area” means an area, such as a boiler room or mechanical room
that is not normally frequented by building occupants and in which maintenance
employees or contract workers regularly conduct maintenance activities.
I.B.100. “Sampling Area” means any area, whether contiguous or not, within a building which
contains friable material that is homogeneous.
I.B.101. “School” means any institution that provides elementary or secondary education (this
includes all schools, public and private, not for profit in grades K-12).
I.B.102. “School building” means:
I.B.102.a.
Any structure suitable for use as a classroom, including a school facility
such as a laboratory, library, school eating facility, or facility used for the
preparation of food.
I.B.102.b.
Any gymnasium or other facility, which is specially designed for athletic
or recreational activities for an academic course in physical education.
I.B.102.c.
Any other facility used for the instruction or housing of students or for the
administration of educational or research programs.
I.B.102.d
laboratory, library, school eating facility, or facility used for the
preparation of food.
I.B.102.b.
Any gymnasium or other facility, which is specially designed for athletic
or recreational activities for an academic course in physical education.
I.B.102.c.
Any other facility used for the instruction or housing of students or for the
administration of educational or research programs.
I.B.102.d.
Any maintenance, storage, or utility facility, including any hallway,
essential to the operation of any facility described in this definition of “school
building” under Sections I.B.87.a, b, or c.
I.B.102.e.
Any portico or covered exterior hallway or walkway of any facility
described in this definition of “school building” in Sections I.B.102.a, b, c, or d.
I.B.102.f.
Any exterior portion of a mechanical system used to condition interior
space of any facility described in this definition of “school building” in Sections
I.B.102.a, b, c, or d.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
29
I.B.103. “Secondary Containment” means a system of airtight barriers to isolate the work area to
prevent the uncontrolled migration of air from the work area. This system must include, at
minimum, critical barriers and the use of a HEPA filtered vacuum or similar HEPA filtered
ventilation unit to exhaust air from inside the secondary containment. Air flow into the
containment must be documented using smoke tubes. Secondary containment systems
are distinct from full containment systems in that they do not require the installation of a
decontamination unit, a waste loadout area or a viewport, though some or all of these
components may be included at the discretion of the individual(s) performing the work.
I.B.104. “Sheet Vinyl Flooring” means material that is usually found in 6 ft., 9 ft., and 12 ft., width
sheets. It often consists of three or more laminated layers. The upper layers are
comprised of a wear layer and design feature. The bottom layer may be an asbestos-
containing backing
ough some or all of these
components may be included at the discretion of the individual(s) performing the work.
I.B.104. “Sheet Vinyl Flooring” means material that is usually found in 6 ft., 9 ft., and 12 ft., width
sheets. It often consists of three or more laminated layers. The upper layers are
comprised of a wear layer and design feature. The bottom layer may be an asbestos-
containing backing. Sheet vinyl flooring may be installed in an adhered or loose-laid
manner. Other possible applications for this material include countertops and wall
coverings. Not all sheet vinyl flooring has an asbestos-containing backing.
I.B.105. “Shower room” means a chamber between the clean room and the equipment room in
the decontamination unit suitably arranged for complete showering during
decontamination.
I.B.106. “Significantly damaged friable miscellaneous ACM” means damaged friable
miscellaneous ACM or ACBM where the damage is extensive and severe.
I.B.107. “Significantly damaged friable surfacing ACM” means damaged friable surfacing ACM or
ACBM in a functional space where the damage is extensive and severe.
I.B.108. “Single-family residential dwelling or unit” means any structure or portion of a structure
whose primary use is for housing of a family. Residential portions of multi-unit dwellings
such as apartment buildings, condominiums, duplexes and triplexes are also considered
to be, for the purposes of this Regulation Number 8, Part B, single-family residential
dwellings. The following are not considered to be part of a single-family residential
dwelling: common areas of multi-unit dwellings including, but not limited to, hallways,
entryways, and boiler rooms.
I.B.109. “Staging area” means either the holding area or an area near the waste transfer airlock
where containerized asbestos waste has been placed prior to removal from the work
area.
I.B.110
tial
dwellings. The following are not considered to be part of a single-family residential
dwelling: common areas of multi-unit dwellings including, but not limited to, hallways,
entryways, and boiler rooms.
I.B.109. “Staging area” means either the holding area or an area near the waste transfer airlock
where containerized asbestos waste has been placed prior to removal from the work
area.
I.B.110. “State-owned or state-leased buildings” means structures occupied by any person which
are either owned by the state or utilized by the state through leases of one year's
duration or longer.
I.B.111. “Strip” means to take off RACM from any part of a facility or facility components.
I.B.112. “Structural member” means any load-supporting member of a facility, such as beams and
load supporting walls; or any non-load-supporting member, such as ceilings and non-
load-supporting walls.
I.B.113. “Surfacing ACM” means surfacing material that is ACM.
I.B.114. “Surfacing material” means material that is sprayed on, troweled on, or otherwise applied
to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural
members, or other materials on surfaces for acoustical, fireproofing, or other purposes.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
30
I.B.115. “Surfactant” means a commercially available product specifically designed to be mixed
with water for use in wetting of asbestos-containing materials to reduce surface tension
and improve water penetration.
I.B.116. “Thermal system insulation” means material applied to pipes, fittings, boilers, breeching,
tanks, ducts, or other interior structural components to prevent heat loss or gain, or water
condensation, or for other purposes.
I.B.117. “Thermal system insulation ACM” means thermal system insulation that is ACM.
I.B.118. “Transmission Electron Microscopy (TEM)” is an analytical technique used for the
definitive identification of asbestos
material applied to pipes, fittings, boilers, breeching,
tanks, ducts, or other interior structural components to prevent heat loss or gain, or water
condensation, or for other purposes.
I.B.117. “Thermal system insulation ACM” means thermal system insulation that is ACM.
I.B.118. “Transmission Electron Microscopy (TEM)” is an analytical technique used for the
definitive identification of asbestos. This technique can be used for both air and bulks
sample analyses as allowed by this regulation.
I.B.119. “Trigger levels” means amounts of material as follows:
I.B.119.a.
With regard to single-family residential dwellings, the trigger levels are 50
linear feet on pipes, 32 square feet on other surfaces, or the volume equivalent of
a 55-gallon drum.
I.B.119.b.
With regard to all areas other than single-family residential dwellings, the
trigger levels are 260 linear feet on pipes, 160 square feet on other surfaces, or
the volume equivalent of a 55-gallon drum.
I.B.120. “Vibration” means the periodic motion of friable ACM or ACBM, which may result in the
release of asbestos fibers.
I.B.121. “Visible emission” means any emissions, which are visually detectable without the aid of
instruments, coming from asbestos containing material, asbestos debris or asbestos
containing waste material.
I.B.122. “Waste load-out area” means a specially constructed airlock system utilized as a short-
term storage area for bagged or barreled waste and as a port for removing waste and
equipment from the containment. This area must be separate from the decontamination
unit.
I.B.123. “Wet wiping” means removing dust and debris from surfaces or objects in the work area
by using cloths, mops, or other cleaning utensils, which have been dampened with
amended water.
I.B.124. “Work area” means a room, group of rooms, or contiguous area sealed or contained by
polyethylene barriers and/or walls for the purpose of eliminating air exchange between
another room, group of rooms, or contiguous areas.
I.B.125
emoving dust and debris from surfaces or objects in the work area
by using cloths, mops, or other cleaning utensils, which have been dampened with
amended water.
I.B.124. “Work area” means a room, group of rooms, or contiguous area sealed or contained by
polyethylene barriers and/or walls for the purpose of eliminating air exchange between
another room, group of rooms, or contiguous areas.
I.B.125. “Working day” means Monday through Friday and including holidays that falls on any of
the days Monday through Friday.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
31
I.C.
Acronyms
I.C.1.
ABIH
American Board of Industrial Hygiene, 600 5 West St. Joseph, Suite 300 ,
Lansing, MI 48917-4876
I.C.2.
ACBM
asbestos-containing building material
I.C.3.
ACGIH
American Conference of Governmental Industrial Hygienists, 1330 Kemper
Meadow Drive, Cincinnati, OH 45240-4148
I.C.4.
ACM
asbestos-containing material
I.C.5.
ACWM
asbestos-containing waste material
I.C.6.
AHERA
Asbestos Hazard Emergency Response Act
I.C.7.
AIHA
American Industrial Hygiene Association, 3141 Fairview Park Dr., Suite 777,
Falls Church, VA 22042
I.C.8.
AMS
Air Monitoring Specialist
I.C.9.
ANSI
American National Standards Institute,1899 L Street, NW, 11th Floor,
Washington, DC 20036
I.C.10.
APCD
Air Pollution Control Division
I.C.11.
ASHARA
Asbestos School Hazard Abatement Reauthorization Act
I.C.12.
ASTM
American Society for Testing and Materials 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959
I.C.13.
AQCC
Air Quality Control Commission
I.C.14.
CCR
Code of Colorado Regulations
I.C.15.
CDPHE
Colorado Department of Public Health and Environment
I.C.16.
CFM
cubic feet per minute
I.C.17.
CFR
Code of Federal Regulations
I.C.18.
CIH
Certified Industrial Hygienist
I.C.19.
C.R.S.
Colorado Revised Statutes
I.C.20.
EPA
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania
Avenue, N.W., Washington, DC 20460
I.C.21.
f/cc
fibers per cubic centimeter
I.C.22.
f/cm3
fibers per cubic centimeter
I.C.23
of Public Health and Environment
I.C.16.
CFM
cubic feet per minute
I.C.17.
CFR
Code of Federal Regulations
I.C.18.
CIH
Certified Industrial Hygienist
I.C.19.
C.R.S.
Colorado Revised Statutes
I.C.20.
EPA
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania
Avenue, N.W., Washington, DC 20460
I.C.21.
f/cc
fibers per cubic centimeter
I.C.22.
f/cm3
fibers per cubic centimeter
I.C.23.
f/m3
fibers per cubic meter
I.C.24.
GAC
General Abatement Contractor
I.C.25.
G.E.D.
General Equivalency Diploma
I.C.26.
HEPA
high efficiency particulate air
I.C.27.
HVAC
heating, ventilation and air conditioning
I.C.28.
LCF
large contiguous facility [complex]
I.C.29.
LEA
local education agency
I.C.30.
LPM
liters per minute
I.C.31.
MAAL
Maximum Allowable Asbestos Level in air
I.C.32.
MAP
Model Accreditation Plan (EPA)
I.C.33.
NAM
negative air machine
I.C.34.
NBS
National Bureau of Standards
I.C.35.
NESHAP
National Emissions Standards for Hazardous Air Pollutants, (40 C.F.R. Part
61) (EPA), Subparts A (General Provisions), and M (National Emission
Standard for Asbestos)
I.C.36.
NIOSH
National Institute for Occupational Safety and Health, 395 E. St., SW, Suite
9200, Washington, DC 20201
I.C.37.
NIST
National Institute of Standards and Technology, 100 Bureau Drive,
Gaithersburg, MD 20899-3460
I.C.38.
NVLAP
National Voluntary Laboratory Accreditation Program, National Institute of
Standards and Technology 100 Bureau Drive, MS 2140 Gaithersburg,
Maryland 20899-2140
I.C.39.
O&M
Operations and Maintenance
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
20201
I.C.37.
NIST
National Institute of Standards and Technology, 100 Bureau Drive,
Gaithersburg, MD 20899-3460
I.C.38.
NVLAP
National Voluntary Laboratory Accreditation Program, National Institute of
Standards and Technology 100 Bureau Drive, MS 2140 Gaithersburg,
Maryland 20899-2140
I.C.39.
O&M
Operations and Maintenance
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
32
I.C.40.
OSHA
Occupational Safety and Health Administration, 200 Constitution Avenue, NW,
Washington, D.C. 20210
I.C.41.
PAT
Proficiency Analytical Testing
I.C.42.
PCM
Phase Contrast Microscopy
I.C.43.
PLM
Polarized Light Microscopy
I.C.44.
PPE
personal protective equipment
I.C.45.
PSI
pounds per square inch
I.C.46.
RACM
regulated asbestos-containing material
I.C.47.
RFCI
Resilient Floor Covering Institute,115 Broad St. Suite 201, La Grange, GA
30240
I.C.48.
s/mm2
structures per square millimeter
I.C.49.
SFRD
single-family residential dwelling
I.C.50.
TEM
Transmission Electron Microscopy
I.C.51.
TSCA
Toxic Substances Control Act, 15 U.S.C. section 2601 et seq. TSCA TITLE II
means the 1986, amendments to TSCA found at 15 U.S.C. section 2641 et
seq.
I.C.52.
TSI
thermal system insulation
I.C.53.
TWA
time weighted average
I.C.54.
VAT
vinyl asbestos [floor] tile
I.C.55.
VCT
vinyl composition tile
II.
Certification Requirements
II.A.
General Requirements
II.A.1. Persons required to be certified as a General Abatement Contractor, Building Inspector,
Management Planner, Project Designer, Worker, Supervisor or Air Monitoring Specialist
must obtain the appropriate certification from the Division in accordance with this Section
II.
II.A.1.a. No certification or registration pursuant to this Section II. will be issued to a
person who has failed to pay in full a Division-assessed penalty for violating any
provision of this Regulation Number 8, Part B, or to any person who has
otherwise failed to comply with any order of the Division, unless the penalty or
order is under appeal before the Air Quality Control Commission.
II.A.2
II.A.1.a. No certification or registration pursuant to this Section II. will be issued to a
person who has failed to pay in full a Division-assessed penalty for violating any
provision of this Regulation Number 8, Part B, or to any person who has
otherwise failed to comply with any order of the Division, unless the penalty or
order is under appeal before the Air Quality Control Commission.
II.A.2. Photo IDs and Certificates
Each individual certified under this regulation must have their state certification photo
identification (ID) card or state certificate available at each work site so that Division
representatives may check their credentials.
Each individual trained under this regulation must have a copy of their most recent training or
refresher certificates available at each work site so that Division representatives may check their
credentials.
II.A.3. Reserved
II.A.4. Ownership of Training Certificates
Training certificates are considered to be the property of the accredited individual. Training
providers must give duplicate original training certificates to the accredited individual upon
request. Training providers may charge a reasonable fee for replacement of training certificates.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
33
II.A.5. Falsification of Training Certificates
Falsification of training certificates or licenses used to obtain state certification is considered to be
a violation of these regulations, and will be sufficient reason for the denial of an application for
certification, and may result in disciplinary action being taken against an applicant submitting
such falsified training certificates or licenses.
II.A.6. An individual may hold more than one certification.
II.B.
General Abatement Contractor Certificates
II.B.1. Certificate Duration
General Abatement Contractor (GAC) certificates are valid for a period of one, two or three years.
II.B.2
cation for
certification, and may result in disciplinary action being taken against an applicant submitting
such falsified training certificates or licenses.
II.A.6. An individual may hold more than one certification.
II.B.
General Abatement Contractor Certificates
II.B.1. Certificate Duration
General Abatement Contractor (GAC) certificates are valid for a period of one, two or three years.
II.B.2. Application Procedures
A person applying for a General Abatement Contractor (GAC) certificate, renewal of existing
certification or reinstatement of expired certification must submit an application on a form
specified by the Division and, pay the applicable fee as specified in the table:
Certification
Amount
1 year
2 years
3 years
GAC (initial)
$2,000.00
N/A
N/A
GAC (renewal)
$1,000.00
$2,000.00
$3,000.00
II.B.3. Training Requirements
No training is required for GACs.
II.B.4. GAC Responsibilities
GACs must ensure that all Workers and Supervisors are appropriately certified in accordance
with this Section II (Certification Requirements). The GAC must ensure that it employs at least
one Colorado state-certified Supervisor who must be on-site at all times when abatement work is
proceeding.
II.C.
Worker, Supervisor, Building Inspector, Management Planner, Project Designer Certificates
II.C.1. Certificate Duration
Worker, Supervisor, Building Inspector, Management Planner, and Project Designer certificates
will be issued for a period of one, three, or five years and will be valid only while the provisions of
Sections II.C.3. (Training Requirements), II.C.4. (Examinations) and II.C.5. (Refresher Training
Requirements) are met.
II.C.2. Application Procedures
Anyone applying for a Worker, Supervisor, Building Inspector, Management Planner, or Project
Designer certificate, renewal of an existing certificate or reinstatement of an expired certificate
must submit an application on a form specified by the Division and, pay the applicable fee as
specified in the table:
ns) and II.C.5. (Refresher Training
Requirements) are met.
II.C.2. Application Procedures
Anyone applying for a Worker, Supervisor, Building Inspector, Management Planner, or Project
Designer certificate, renewal of an existing certificate or reinstatement of an expired certificate
must submit an application on a form specified by the Division and, pay the applicable fee as
specified in the table:
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
34
Certification
Amount
1 year
3 years
5 years
Worker
$125.00
$375.00
$625.00
Supervisor
$250.00
$750.00
$1250.00
Building Inspector
$175.00
$525.00
$875.00
Management Planner
$175.00
$525.00
$875.00
Project Designer
$250.00
$750.00
$1250.00
II.C.3. Training Requirements
Each individual seeking certification as a Worker, Supervisor, Building Inspector, Management
Planner or Project Designer must complete Division-approved training.
II.C.4. Examinations
An individual seeking certification, renewal of an existing certificate or reinstatement of an expired
certificate in a specific discipline must pass, on an annual basis, a Division-administered closed
book examination for that discipline. Each examination will cover the topics included in the
training course for that discipline. The Division will determine the testing schedule and
procedures.
II.C.4.a. If an applicant fails to achieve a passing score on a certification exam, on the 1st
attempt, the applicant must take a refresher class in the applicable discipline
before the applicant may retake the certification exam. After completion of the
refresher course, the applicant must submit to the Division the refresher
certificate and a new application, including payment of a retesting fee of $125.00.
II.C.4.b. If an applicant fails to achieve a passing score on the 2nd attempt, or any attempt
thereafter, the applicant must take an initial course in the applicable discipline
before the applicant may retake the certification exam
ion of the
refresher course, the applicant must submit to the Division the refresher
certificate and a new application, including payment of a retesting fee of $125.00.
II.C.4.b. If an applicant fails to achieve a passing score on the 2nd attempt, or any attempt
thereafter, the applicant must take an initial course in the applicable discipline
before the applicant may retake the certification exam. After completion of the
initial course, the applicant must submit to the Division the initial certificate and a
new application, including payment of a retesting fee of $125.00.
II.C.4.c. For Section II.C.4.a., an applicant will only be required to retake the portion of the
exam that the applicant fails for any two-part exam (Supervisor or Project
Designer). For Section II.C.4.b., an applicant must retake both portions of the
exam.
II.C.5. Refresher Training Requirements
II.C.5.a. Workers, Supervisors, Building Inspectors, Management Planners or Project
Designers who are certified according to this regulation must take an annual
refresher-training course from a Division-approved training provider. Prior to the
commencement of refresher training, the course provider is required to verify the
authenticity of the initial training course certificate and all refresher-training
certificates. Individuals not in possession of a valid training certificate must not be
given refresher training.
Applicants are ineligible for refresher training if their most recent training certificate has
lapsed for a year or longer, in which case the applicant must retake the initial training.
During the period in which the individual's training certificate has expired, the state
certificate is not valid. State certification becomes valid once the required training has
been completed and state certification requirements have been met.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
35
II.C.5.b. The length of annual refresher courses must be as follows:
ining.
During the period in which the individual's training certificate has expired, the state
certificate is not valid. State certification becomes valid once the required training has
been completed and state certification requirements have been met.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
35
II.C.5.b. The length of annual refresher courses must be as follows:
Certification
Length
Worker
One full day (Eight (8) hours)
Supervisor
One full day (Eight (8) hours)
Project Designer
One full day (Eight (8) hours)
Building Inspector
One half day (Four (4) hours)
Management Planner
One half day Building Inspector and one half day Management Planner
II.C.5.c. All courses, at a minimum, must cover the following topics:
●
Changes in Federal and State laws, regulations and requirements;
●
Developments and/or changes in state-of-the-art procedures;
●
Review of the key aspects of the course; and
●
Pertinent developments in the particular discipline or the industry as a
whole.
Testing of applicants to determine knowledge gained in the refresher course may be
done at the discretion of the course provider.
II.C.6. Combined Certificates
At the request of the applicant, the Division may issue a combined Supervisor/Project Designer or
combined Inspector/Management Planner certificate. The applicant must submit an application on
a form specified by the Division and pay the applicable fee as specified in the table:
ledge gained in the refresher course may be
done at the discretion of the course provider.
II.C.6. Combined Certificates
At the request of the applicant, the Division may issue a combined Supervisor/Project Designer or
combined Inspector/Management Planner certificate. The applicant must submit an application on
a form specified by the Division and pay the applicable fee as specified in the table:
Certification
Amount
1 year
3 years
5 years
Supervisor / Project Designer
$275.00
$825.00
$1375.00
Building Inspector / Management Planner
$275.00
$825.00
$1375.00
II.D.
Air Monitoring Specialist Certificates
Any Individual who performs a final visual inspection or performs any air monitoring referred to in this
regulation must be Colorado certified as an Air Monitoring Specialist (AMS).
II.D.1. Certificate Duration
AMS certificates will be issued for a period of one, three, or five years and will be valid only while
the Training (II.D.3.a.(i)) and Examination (II.D.3.a.(iv)) requirements are met.
II.D.2. Application Procedures
Anyone applying for an AMS certificate, renewal of existing certification or reinstatement of an
expired certificate must submit an application on a form specified by the Division and pay the
applicable fee as specified in the table:
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
36
Certification
Amount
1 year
3 years
5 years
Air Monitoring Specialist
$250.00
$750.00
$1250.00
II.D.3. Initial Certification Requirements
II.D.3.a. New AMS Applicants
Each Individual seeking certification as an AMS must satisfy the training, experience and
education requirements set forth in he following:
II.D.3.a.(i)
Training
Each individual seeking certification as an AMS must successfully complete a
Division-approved Air Monitoring Specialist course
ng Specialist
$250.00
$750.00
$1250.00
II.D.3. Initial Certification Requirements
II.D.3.a. New AMS Applicants
Each Individual seeking certification as an AMS must satisfy the training, experience and
education requirements set forth in he following:
II.D.3.a.(i)
Training
Each individual seeking certification as an AMS must successfully complete a
Division-approved Air Monitoring Specialist course. An individual certified by the
American Board of Industrial Hygiene as a Certified Industrial Hygienist (CIH) is
not required to attend those portions of the AMS course that instruct students
exclusively on air-monitoring techniques (e.g., pump calibration, cassette
placement, cassette handling, etc.).
II.D.3.a.(i)(A)
All initial courses required under this Section II.D.3.a.
(New AMS Applicants), must, at a minimum, cover the following
topics:
●
Roles and responsibilities of an AMS
●
Characteristics of asbestos and asbestos-containing materials
●
Federal and state laws, regulations and requirements
●
Understanding building construction and building systems
●
Asbestos abatement contracts, specification and drawings
●
Response Actions and abatement practices
●
Asbestos abatement equipment
●
Personal protective equipment
●
Air monitoring strategies
●
Safety and Health issues other than asbestos-containing
material
●
Conducting visual inspections
●
Legal responsibilities and liabilities of an AMS
●
Record keeping and report writing
●
Hands-on activities
●
Spill delineation
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
ctices
●
Asbestos abatement equipment
●
Personal protective equipment
●
Air monitoring strategies
●
Safety and Health issues other than asbestos-containing
material
●
Conducting visual inspections
●
Legal responsibilities and liabilities of an AMS
●
Record keeping and report writing
●
Hands-on activities
●
Spill delineation
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
37
The course provider must test the applicants to determine knowledge
gained in the course.
II.D.3.a.(ii)
Experience
Each individual seeking certification as an Air Monitoring Specialist must perform
the following on-the-job training activities prior to becoming certified:
II.D.3.a.(ii)(A)
Under the direct observation of a certified Air Monitoring
Specialist, participate in a minimum of 6 final visual inspections
and 6 final air clearances on Division permitted asbestos
abatement projects.
II.D.3.a.(ii)(B)
Under the supervision of a certified Air Monitoring
Specialist, successfully perform a minimum of 80 hours of
ambient air monitoring.
II.D.3.a.(ii)(C)
The Air Monitoring Specialist applicant must provide
documentation of this experience on a form specified by the
Division. The form will not be complete until signed by the
certified Air Monitoring Specialist(s) who supervised and
observed the training. This form must be submitted to the
Division at the time of application for certification.
II.D.3.a.(iii)
Education
Anyone seeking certification as an Air Monitoring Specialist must possess a high
school diploma or General Equivalency Diploma (G.E.D.).
II.D.3.a.(iv)
Examination
Each individual seeking certification as an Air Monitoring Specialist or renewal of
an existing certificate or reinstatement of an expired certificate must pass, on an
annual basis, a Division-administered closed book examination. Each
examination will cover the topics included in the training course for the discipline.
The testing schedule and procedures will be determined by the Division
ination
Each individual seeking certification as an Air Monitoring Specialist or renewal of
an existing certificate or reinstatement of an expired certificate must pass, on an
annual basis, a Division-administered closed book examination. Each
examination will cover the topics included in the training course for the discipline.
The testing schedule and procedures will be determined by the Division.
II.D.3.a.(iv)(A) If an applicant fails to achieve a passing score on a
certification exam on the 1st attempt, the applicant must take a
refresher class in the applicable discipline before the applicant
may retake the certification exam. After completion of the
refresher course, the applicant may retake the exam after
submitting to the Division the refresher certificate and a new
application, including payment of a retesting fee of $125.00.
II.D.3.a.(iv)(B) If an applicant fails to achieve a passing score on the
2nd attempt, or any attempt thereafter, the applicant must take
an initial course in the applicable discipline before the applicant
may retake the certification exam. After completion of the initial
course, the applicant must submit to the Division the initial
certificate and a new application, including payment of a
retesting fee of $125.00.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
38
II.D.3.a.(iv)(C) For Section II.D.3.a.(iv)(A), an applicant will only be
required to retake the portion of the exam that the applicant
failed for this two-part exam. For Section II.D.3.a.(iv)(B), an
applicant must retake both portions of the exam
te and a new application, including payment of a
retesting fee of $125.00.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
38
II.D.3.a.(iv)(C) For Section II.D.3.a.(iv)(A), an applicant will only be
required to retake the portion of the exam that the applicant
failed for this two-part exam. For Section II.D.3.a.(iv)(B), an
applicant must retake both portions of the exam.
II.D.3.a.(v)
Permissible Activities for AMS Applicants
Any individual seeking certification as an Air Monitoring Specialist who does not
yet meet all the requirements for certification, may perform the following activities
prior to becoming certified:
II.D.3.a.(v)(A)
Air Monitoring
Under the supervision of a certified Air Monitoring Specialist, an
individual attempting to obtain the necessary experience to fulfill the Air
Monitoring Specialist requirements may collect ambient air monitoring
samples on behalf of a certified Air Monitoring Specialist to determine
compliance with Section III.U.1. (Maximum Allowable Asbestos Level).
The certified Air Monitoring Specialist overseeing the sampling is,
responsible for compliance with Section III.U.1. (Maximum Allowable
Asbestos Level).
II.D.3.a.(v)(B)
Final Visual Inspection and Final Air Clearance
Under the direct observation of a certified Air Monitoring Specialist,
anyone attempting to obtain the necessary experience to fulfill the Air
Monitoring Specialist requirements must participate in final visual
inspections and final clearance air monitoring on Division permitted
asbestos abatement projects. The certified Air Monitoring Specialist
observing the final visual inspection and final clearance air sampling is
responsible for ensuring compliance with Section III.P. (Clearing
Abatement Projects).
II.D.4. Recertification Requirements
II.D.4.a. Air Monitoring Specialists who are certified according to this regulation must take
an annual refresher-training course from a Division-approved training provider
ied Air Monitoring Specialist
observing the final visual inspection and final clearance air sampling is
responsible for ensuring compliance with Section III.P. (Clearing
Abatement Projects).
II.D.4. Recertification Requirements
II.D.4.a. Air Monitoring Specialists who are certified according to this regulation must take
an annual refresher-training course from a Division-approved training provider.
Prior to the commencement of refresher training, the course provider is required
to verify the authenticity of the initial training course certificate and all refresher-
training certificates. Individuals not in possession of a valid training certificate
must not be given refresher training. The length of the Air Monitoring Specialist
refresher course must be one-half day (four (4) hours).
Applicants are ineligible for refresher training if their most recent training certificate has
lapsed for a year or longer, in which case the applicant must retake the initial training.
During the period in which the individual's training certificate has expired, the state
certificate is not valid. State certification becomes valid once the required training has
been completed and state certification requirements have been met.
II.D.4.b. All refresher courses required under this Section II.D.4. (Recertification
Requirements), at a minimum, must cover the following topics:
●
Changes in Federal and State laws, regulations and requirements;
●
Developments and/or changes in state-of-the-art procedures;
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
d state certification requirements have been met.
II.D.4.b. All refresher courses required under this Section II.D.4. (Recertification
Requirements), at a minimum, must cover the following topics:
●
Changes in Federal and State laws, regulations and requirements;
●
Developments and/or changes in state-of-the-art procedures;
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
39
●
Review of the key aspects of the course; and
●
Pertinent developments in the particular discipline or the industry as a
whole.
Testing of applicants to determine knowledge gained in the refresher course may be
done at the discretion of the course provider.
II.E.
Training Provided Application Procedures
II.E.1. Any person wishing to offer courses in disciplines for which training or certification is
required must be registered as an Asbestos Training Provider. Applicants must apply to
the Division for approval, except for the training referenced in Appendix C. Applicants
seeking approval for initial training or refresher training courses must submit their request
to the Division on a form specified by the Division along with the written course materials
and a fee of $250.00 per discipline in which they wish to offer courses.
II.E.1.a. After the initial course approval, Applicants must submit their renewal request to
the Division on a form specified by the Division along with a fee of $100.00 per
discipline in which they wish to offer courses.
II.E.2. In order for a course to be approved it must adequately address the topics and format
contained in the United States Environmental Protection Agency's Asbestos Model
Accreditation Plan (MAP), 40 C.F.R. Part 763 (2019), Subpart E, Appendix C. The
Commission recommends the use of audiovisual materials to complement lectures in
these courses, where appropriate.
II.E.3
y wish to offer courses.
II.E.2. In order for a course to be approved it must adequately address the topics and format
contained in the United States Environmental Protection Agency's Asbestos Model
Accreditation Plan (MAP), 40 C.F.R. Part 763 (2019), Subpart E, Appendix C. The
Commission recommends the use of audiovisual materials to complement lectures in
these courses, where appropriate.
II.E.3. After reviewing the application for course approval, and if the submission meets the
requirements in Section III.E.2., the Division will provide a response on the application no
more than 90 days after receiving a complete application packet from the Training
Provider. In the case of disapproval, a letter describing the reasons for disapproval will be
sent to the applicant. Prior to disapproval, the Division may, at its discretion, work with
the applicant to address inadequacies in the application. If the Division disapproves a
Training Provider's application, the applicant may reapply at any time.
II.E.4. If an applicant has been informed that the course is approved, the course is considered
to have contingent approval, and the applicant may begin offering courses in the State.
Final approval of the course will not be granted until the Division has audited the course
and determined that the course meets the requirements of this regulation.
II.E.5. After contingent approval has been granted by the Division, the applicant must make
application, if necessary, with the Department of Higher Education, Division of Private
Occupation Schools (DHE/DPOS), for approval as an occupational education course.
Failure to follow the DHE/DPOS regulations or failure to obtain or retain DHE/DPOS
approval may result in the de-certification of the course by the Air Pollution Control
Division (APCD).
II.E.6
the Division, the applicant must make
application, if necessary, with the Department of Higher Education, Division of Private
Occupation Schools (DHE/DPOS), for approval as an occupational education course.
Failure to follow the DHE/DPOS regulations or failure to obtain or retain DHE/DPOS
approval may result in the de-certification of the course by the Air Pollution Control
Division (APCD).
II.E.6. Applicants who wish to offer courses already approved by the Environmental Protection
Agency or by a state whose training requirements are at least as stringent as the
Commission’s and whose asbestos certification program has been approved by EPA will
be granted reciprocity to teach classes in Colorado. The approval granted to such course
provider will be at the same level as that already approved by EPA or another state. The
applicant will be subject to all requirements outlined in this regulation.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
40
II.E.7. Any substantive change to the approved initial course curriculum or agenda, daily
schedule or audiovisual materials must be approved by the Division prior to being
implemented.
II.F.
Instructor Qualifications
Qualified instructors must teach all courses. The minimum qualifications for instructors must be:
II.F.1. A high school diploma or GED;
II.F.2. AHERA training and Colorado certification for the discipline being taught must be current
at the time a course is taught by the instructor. Variances for out-of-state instructors will
be considered on a case-by-case basis;
II.F.3. Three (3) years of field experience in the discipline being taught. This may be obtained by
any of the following combinations:
II.F.3.a. Actual field experience in the discipline being taught, such as; performing
abatement activities as a Worker or Supervisor; or performing inspection and/or
management planning activities; or performing project design activities; or
performing Air Monitoring Specialist activities.
II.F.3.b
xperience in the discipline being taught. This may be obtained by
any of the following combinations:
II.F.3.a. Actual field experience in the discipline being taught, such as; performing
abatement activities as a Worker or Supervisor; or performing inspection and/or
management planning activities; or performing project design activities; or
performing Air Monitoring Specialist activities.
II.F.3.b. Teaching, as a Division approved assistant instructor in the discipline being
taught, under the direct supervision of a Division-approved full instructor, with
one (1) month of teaching equal to one (1) month of experience.
II.F.3.c. Collegiate or seminar-type classes, relevant to the discipline in which the
individual wishes to receive instructor status (e.g., NIOSH 582, 7400 courses,
etc.) with one (1) week of training equal to one (1) month of experience.
II.F.4. Applicants seeking approval as an instructor must submit their request to the Division on
a form specified by the Division along with documentation of experience claimed or
instruction received. This must include submission of a resume with telephone numbers,
and references, that are provided to allow for verification by the Division.
II.F.5. After reviewing the application for instructor approval and if the submission meets the
requirements in Sections III.F.1 - 3. the Division will provide a response on the application
no more than 90 days after receiving a complete application packet. In the case of
disapproval, a letter describing the reasons for disapproval will be sent to the applicant.
Prior to disapproval, the Division may, at its discretion, work with the applicant to address
inadequacies in their application. If the Division disapproves an application, the applicant
may reapply at any time.
II.F.6. The Division will inform the applicant in writing whether or not they have contingent
approval as a full instructor or as an assistant instructor. The applicant may then begin
instructing asbestos courses in Colorado
ay, at its discretion, work with the applicant to address
inadequacies in their application. If the Division disapproves an application, the applicant
may reapply at any time.
II.F.6. The Division will inform the applicant in writing whether or not they have contingent
approval as a full instructor or as an assistant instructor. The applicant may then begin
instructing asbestos courses in Colorado. An instructor’s contingent approval will expire
two years from the date of issuance, unless they have received final approval.
II.F. 7. Final approval will be granted once the Division has audited an instructor’s course(s) and
determined that the instructor is able to effectively communicate and teach the principles
and practices of the discipline(s) being taught. The Division will inform the applicant in
writing when they have final approval as a full instructor or as an assistant instructor.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
41
II.F.7.a. Full instructor means an individual who meets the minimum qualifications under
subsection II.F. (Instructor Qualifications). A full instructor may deliver all of the
training material for the course and supervise an assistant instructor.
II.F.7.b. Assistant instructor means an individual who does not meet the minimum
experience qualifications under Section II.F.3. An assistant instructor may
instruct one or more specific course topics if qualified and under the direct
supervision of a full instructor. An assistant instructor must have at least one (1)
year of field experience or a minimum of one thousand two hundred and fifty
(1,250) hours in the discipline being taught. Topics of instruction will be identified
by the Division.
II.F.7.c. Guest speaker means an individual who is not a full instructor or assistant
instructor, but is qualified on the basis of professional expertise to address a
specific topic of an approved training course
one (1)
year of field experience or a minimum of one thousand two hundred and fifty
(1,250) hours in the discipline being taught. Topics of instruction will be identified
by the Division.
II.F.7.c. Guest speaker means an individual who is not a full instructor or assistant
instructor, but is qualified on the basis of professional expertise to address a
specific topic of an approved training course. A guest speaker must provide
written documentation detailing the speaker’s experience training and/or
academic credentials to the training provider, prior to conducting training.
II.F.8. After approval, full instructors and assistant instructors must register with the Division on
an annual basis. Applicants seeking to be registered must submit their request to the
Division on a form specified by the Division.
II.F.9. All instructors must meet the requirements both at the time of course submission for
approval and at the time the course is being taught.
II.G.
Training Course Notifications
II.G.1. On a form specified by the Division, training providers must notify the Division in writing of
scheduled courses at least two weeks (10 working days) prior to the offering of the
course. Notification of course cancellations must be provided to the Division by 5:00 p.m.
the day prior to the course offering.
II.G.2. For any course in which training or certification is required, the Training Provider must
submit, on a form specified by the Division, a list of students who took the course and a
fee of $10.00 per student to the Division no later than 30 calendar days after the
conclusion of the course.
II.G.3
On each course notification, the training provider must show what portions of the course
will be taught by each full instructor, assistant instructor or guest speaker.
II.H.
Training Course Audits
The Division may audit any training course given for the purpose of preparing individuals for State
certification
to the Division no later than 30 calendar days after the
conclusion of the course.
II.G.3
On each course notification, the training provider must show what portions of the course
will be taught by each full instructor, assistant instructor or guest speaker.
II.H.
Training Course Audits
The Division may audit any training course given for the purpose of preparing individuals for State
certification. Any significant omissions or deficiencies may result in the de-certification of a course or the
disapproval of an instructor. There will be no charge to the Division for auditing a training course.
II.I.
Reciprocity
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
42
II.I.1.
An individual who has a valid AHERA training certificate, from another state, District of
Columbia or other territory of the United States, or other Division-approved national entity
which has a certification and testing program that has been approved by the EPA, which
is at least as stringent as the Commission’s and is compliant with Colorado requirements,
may apply for Colorado certification by submitting an application on the form specified by
the Division, along with their training documents and the applicable fee. Applicants must
successfully pass a Division-administered closed book examination for the discipline in
which they are seeking reciprocity before Colorado certification will be issued.
II.I.2.
Those individuals applying under this Section II.I. (Reciprocity) for Colorado certification
as a Supervisor or project designer must also successfully pass a Division-administered
closed book examination on state laws and regulations before Colorado certification will
be issued.
II.I.3.
Those individuals applying under this Section II.I. (Reciprocity) for Colorado certification
as an Air Monitoring Specialist must also:
II.I.3.a. provide documentation to the Division of training which is at least as stringent as
the training required in Section II.D.3.a.(i);
II.I.3.b
stered
closed book examination on state laws and regulations before Colorado certification will
be issued.
II.I.3.
Those individuals applying under this Section II.I. (Reciprocity) for Colorado certification
as an Air Monitoring Specialist must also:
II.I.3.a. provide documentation to the Division of training which is at least as stringent as
the training required in Section II.D.3.a.(i);
II.I.3.b. provide documentation to the Division showing that they have been certified to
and have been conducting Air Monitoring Specialist activities for at least 1 year,
and
II.I.3.c. pass the written examination as described in Section II.D.3.a.(iv) (examinations).
II.I.4.
After receiving Colorado certification, the applicant will be subject to all requirements
outlined in this regulation regarding training and application for renewal of Colorado
certification, including testing requirements.
II.I.5.
The applicant must provide documentation to the Division as may be necessary to allow
the Division to determine if a reciprocal certificate should be issued.
II.J.
Project Manager Qualifications
II.J.1.
There is no Project Manager certification requirement. Where a Project Manager is
required pursuant to this Regulation Number 8, Part B, the Project Manager must satisfy
the certification, academic training, experience, and educational requirements set forth in
the following:
II.J.1.a. Certification as a Project Designer in accordance with this Section II. Project
Managers must have proof of this certification with them on the project site.
II.J.1.b. Successful completion of a Division-approved Air Monitoring Specialist course. A
4-year college degree in industrial hygiene, a degree in environmental health with
a major concentration in industrial hygiene, or the possession of a certified
industrial hygienist (CIH) certificate given by the American Board of Industrial
Hygiene (ABIH), may be substituted for the Air Monitoring Specialist course.
Project Managers must have proof of the required training with them on the
project site
college degree in industrial hygiene, a degree in environmental health with
a major concentration in industrial hygiene, or the possession of a certified
industrial hygienist (CIH) certificate given by the American Board of Industrial
Hygiene (ABIH), may be substituted for the Air Monitoring Specialist course.
Project Managers must have proof of the required training with them on the
project site.
II.J.1.c. A minimum of one (1) year of experience supervising, overseeing or monitoring
asbestos abatement projects.
II.J.1.d. Possession of a high school diploma or G.E.D.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
43
II.K.
Denial, Suspension, Revocation, or Refusal to Renew Certification
The Division may deny, suspend, revoke, or refuse to renew certifications in accordance with the
provisions of § 25-7-508, C.R.S.
II.L.
Asbestos Consulting Firm Registration
Any person performing or offering to perform asbestos consulting firm activities as defined in this
regulation must be registered as an Asbestos Consulting Firm. Applicants seeking to be registered must
submit their request to the Division on a form specified by the Division along with an annual fee of
$500.00. Cities, counties, municipalities or any other governmental entity employing appropriately trained
and certified personnel will be exempt from registering and paying this fee.
II.M.
Asbestos Laboratory Registration
Any person performing or offering to perform asbestos laboratory activities as defined in this regulation
must be registered as an Asbestos Laboratory. Applicants seeking to be registered must submit their
request to the Division on a form specified by the Division along with an annual fee of $250.00.
II.N.
Exemptions
The following sections of the regulation contain exemptions from certain requirements. Please refer to the
indicated section for the specific details of the exemption.
●
Certified Industrial Hygienists are exempted from certain training requirements. See Sections
II.D.3.a. and Section II.J.
III
o the Division on a form specified by the Division along with an annual fee of $250.00.
II.N.
Exemptions
The following sections of the regulation contain exemptions from certain requirements. Please refer to the
indicated section for the specific details of the exemption.
●
Certified Industrial Hygienists are exempted from certain training requirements. See Sections
II.D.3.a. and Section II.J.
III.
Abatement, Renovation and Demolition
III.A.
Inspection
III.A.1. Prior to any renovation or demolition in an area of public access which may disturb
greater than the trigger levels of suspect asbestos-containing material (ACM), the facility
component(s) to be affected by the renovation or demolition must either be assumed to
be ACM or must be inspected to determine if abatement is required. Inspections
conducted prior to renovation may be focused on the suspect ACM to be affected by the
renovation. Inspections conducted prior to demolition must comprehensively identify all
ACM in and on the facility or on the component(s) affected by the demolition.
III.A.1.a.
Individuals performing these inspections must be a Building Inspector
certified in accordance with this regulation.
III.A.1.b.
The inspection, sampling and assessments of the suspect ACM must be
performed as required in Section III.A.3. and III.A.4. of this regulation.
III.A.1.c.
The analysis of samples collected during these inspections must be
performed as required in Section III.A.4. of this regulation.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
ccordance with this regulation.
III.A.1.b.
The inspection, sampling and assessments of the suspect ACM must be
performed as required in Section III.A.3. and III.A.4. of this regulation.
III.A.1.c.
The analysis of samples collected during these inspections must be
performed as required in Section III.A.4. of this regulation.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
44
III.A.1.d.
Buildings, or those portions thereof, that were constructed after October
12, 1988 will be exempt from this inspection requirement if, after due diligence,
the architect or project engineer responsible for the construction of the building,
or a Colorado certified Asbestos Building Inspector, completes a form specified
by the Division that no ACM was used as a building material in the initial
construction of the building or subsequent renovations (if applicable). NOTE: The
Division recommends that all buildings be inspected prior to any renovation or
demolition activities, regardless of the date of construction.
III.A.1.e.
To prevent any real or potential conflicts of interest, Building Inspectors
identifying ACM must be independent of the GAC that will subsequently abate
the ACM identified. Inspectors need not be independent of the GAC if both the
certified Inspector and the certified GAC are employees of the building owner.
III.A.2. During renovation or abatement activities which will impact suspect materials in quantities
greater than the trigger levels or during demolition activities, the asbestos inspection
report must be available onsite at all times. The inspection report is not required to be on
site during the first seventy-two (72) hours of abatement activities if the abatement is
being conducted under situations addressed in Sections III.E.1.e.(i), III.E.1.e.(ii),
III.E.2.d.(i). and III.E.2.d.(ii).
III.A.3. For each area of public access inspected to determine the presence of ACM, the certified
asbestos building inspector must:
III.A.3.a
. The inspection report is not required to be on
site during the first seventy-two (72) hours of abatement activities if the abatement is
being conducted under situations addressed in Sections III.E.1.e.(i), III.E.1.e.(ii),
III.E.2.d.(i). and III.E.2.d.(ii).
III.A.3. For each area of public access inspected to determine the presence of ACM, the certified
asbestos building inspector must:
III.A.3.a.
Identify, quantify and categorize homogenous areas of suspect ACM.
III.A.3.b.
Touch all suspect ACM to determine whether the material is friable.
III.A.3.c.
Either assume homogeneous areas are ACM or collect, in a random
manner representative of the homogeneous area, bulk samples of suspect ACM
as follows:
III.A.3.c.(i)
Surfacing material. Additional information on sampling surfacing
materials can be found in the EPA “Pink Book,” Asbestos in Buildings:
Simplified Sampling Scheme for Friable Surfacing Materials (1985).
III.A.3.c.(i)(A)
At least three bulk samples must be collected from each
homogenous area that is 1,000 square feet or less.
III.A.3.c.(i)(B)
At least five bulk samples must be collected from each
homogenous area that is greater than 1,000 square feet but less
than or equal to 5,000 square feet.
III.A.3.c.(i)(C)
At least seven bulk samples must be collected from each
homogenous area that is greater than 5,000 square feet.
III.A.3.c.(i)(D)
Surfacing material added onto base materials (e.g.
sprayed or troweled on materials, textures, paints, etc.) must be
sampled and analyzed separately from the base material.
III.A.3.c.(ii)
Thermal system insulation. Additional information on sampling
thermal system insulation can be found in the EPA “Purple Book.”
Guidance for Controlling Asbestos-containing Materials in Buildings
III.A.3.c.(i)(D)
Surfacing material added onto base materials (e.g.
sprayed or troweled on materials, textures, paints, etc.) must be
sampled and analyzed separately from the base material.
III.A.3.c.(ii)
Thermal system insulation. Additional information on sampling
thermal system insulation can be found in the EPA “Purple Book.”
Guidance for Controlling Asbestos-containing Materials in Buildings
(1985).
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
45
III.A.3.c.(ii)(A)
At least three bulk samples from each homogenous area
of thermal system insulation.
III.A.3.c.(ii)(B)
At least one bulk sample from each homogenous area of
patched thermal system insulation that is less than 6 square or
linear feet.
III.A.3.c.(ii)(C) In a manner sufficient to determine whether the material
is ACM, collect bulk samples from mechanical system fittings
such as tees, elbows, or valves.
III.A.3.c.(ii)(D) Bulk samples are not required where the certified
asbestos building inspector has determined the thermal system
insulation is fiberglass, foam glass, rubber, or other non-ACM
insulation.
III.A.3.c.(iii).
Miscellaneous
III.A.4.c.(iii)(A) In a manner sufficient to determine whether the material
is asbestos-containing, collect bulk samples from each
homogeneous area. A minimum of two samples of each
homogeneous area of miscellaneous material must be collected.
III.A.3.d.
Provide an assessment of the condition of all friable ACM which must
include:
III.A.3.d.(i)
The location and quantity or volume of the ACM.
III.A.3.d.(ii)
The condition of the ACM, including: type of damage or
significant damage, severity of damage, and extent or spread of damage
over the homogenous area including the quantity of damaged ACM and
if a major asbestos spill is present.
III.A.3.e.
Provide a written report of the asbestos inspection findings. The report
must include:
III.A.3.e.(i)
The name and address or location of the structure(s) and the
location in the structure of the facility component(s) inspected
amage, severity of damage, and extent or spread of damage
over the homogenous area including the quantity of damaged ACM and
if a major asbestos spill is present.
III.A.3.e.
Provide a written report of the asbestos inspection findings. The report
must include:
III.A.3.e.(i)
The name and address or location of the structure(s) and the
location in the structure of the facility component(s) inspected.
III.A.3.e.(ii)
The certified asbestos building inspector’s name, signature,
certification number, and asbestos consulting firm name and registration
number.
III.A.3.e.(iii)
A description of the scope and purpose of the inspection.
III.A.3.e.(iv)
A physical description of the facility component(s) inspected. The
description must also include:
III.A.3.e.(iv)(A) The location and quantity or volume of each
homogenous area of all suspect ACM.
III.A.3.e.(iv)(B) A blueprint or diagram clearly illustrating sample
locations, and each homogenous area determined or assumed
to be ACM.
CODE OF COLORADO REGULATIONS
5 CCR 1001-10
Air Quality Control Commission
46
III.A.3.e.(iv)(C) A description of the manner used to determine sampling
locations. Additional information on sampling surfacing materials
can be found in the EPA “Pink Book,” asbestos in buildings:
Simplified Sampling Scheme for Friable Surfacing Materials
(1985). Additional information on sampling thermal system
insulation can be found in the EPA “Purple Book,” Guidance for
Controlling Asbestos-containing Materials in Buildings (1985).
III.A.3.e.(v).
The assessment of friable ACM as required in Section III.A.3.d.
The Inspector shall classify the ACM and materials assumed to be ACM
into one of the following categories:
III.A.3.e.(v)(A) Damaged or significantly damaged thermal system
insulation ACM.
III.A.3.e.(v)(B) Damaged friable surfacing ACM.
III.A.3.e.(v)(C) Significantly damaged friable surfacing ACM.
III.A.3.e.(v)(D) Damaged or significantly damaged friable miscellaneous
ACM.
III.A.3.e.(v)(E) ACM with potential for damage
lassify the ACM and materials assumed to be ACM
into one of the following categories:
III.A.3.e.(v)(A) Damaged or significantly damaged thermal system
insulation ACM.
III.A.3.e.(v)(B) Damaged friable surfacing ACM.
III.A.3.e.(v)(C) Significantly damaged friable surfacing ACM.
III.A.3.e.(v)(D) Damaged or significantly damaged friable miscellaneous
ACM.
III.A.3.e.(v)(E) ACM with potential for damage.
III.A.3.e.(v)(F) ACM with potential for significant damage.
III.A.3.e.(v)(G) Any remaining friable ACM or friable suspected ACM
III.A.3.e.(vi)
The certified asbestos building inspector’s summary of findings.
III.A.3.e.(vii)
A copy of the analytical report including the name and address of
the laboratory performing the analysis, the laboratory's registration and
accreditation, the chain of custody form, the date of analysis, the name
and signature of the person performing the analysis, the method of
analysis, and the results of the analysis.
III.A.4. Analysis
III.A.4.a.
Bulk samples collected under Section III.A.3.c. and submitted for
analysis must be analyzed for asbestos using laboratories accredited by the
National Institutes of Standards and Technology (NIST). Laboratories must also
be registered as requi
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.