Revisions
to
Regulation
No.
7
I.
A.
1.
The
provisions
of
this
regulation
shall
apply
as
follows:

I.
A.
1.
a.
All
provisions
of
this
regulation
apply
to
the
Denver
1­
hour
ozone
attainment/
maintenance
area,
and
to
any
non­
attainment
area
for
the
1­
hour
ozone
standard.

I.
A.
1.
b.
The
provisions
of
Section
V,
Paragraphs
VI.
B.
1
and
2,
and
Subsection
VII.
C.
apply
statewide.

I.
A.
1.
c.
The
provisions
of
Sections
XII,
and
XVI
apply
in
the
8­
hour
Ozone
Control
Area.

I.
A.
2.
The
provision
of
this
regulation
are
included
in
the
Ozone
Redesignation
Request
and
Maintenance
Plan
for
the
Denver
Metropolitan
Area,
and
the
Early
Action
Compact
Ozone
Action
Plan.

I.
B.
Sources
I.
B.
1.
New
Sources
I.
B.
1.
a.
New
sources,
defined
as
any
sources
which
either
(
1)
submit
a
complete
permit
application
on
or
after
October
30,
1989,
or
(
2)
if
no
permit
is
required,
commence
operation
on
or
after
October
30,
1989,
must
comply
with
the
provisions
of
this
regulation
upon
commencement
of
operation.

I.
B.
1.
b.
This
section
I.
B.
1
does
not
apply
to
oil
and
gas
operations
subject
to
section
XII,
or
stationary
and
portable
engines
subject
to
section
XVI.

I.
B.
2.
Existing
Sources
.
.
.

I.
B.
2.
f.
This
section
I.
B.
2
does
not
apply
to
oil
and
gas
operations
subject
to
section
XII,
or
stationary
and
portable
engines
subject
to
section
XVI.

.
.
.
VI.
STORAGE
AND
TRANSFER
OF
PETROLEUM
LIQUID
.
.
.

VI.
A.
2.
Definitions
For
purposes
of
this
section,
the
following
definitions
apply:

VI.
A..
2.
a.
Repealed.

.
.
.

VII.
CRUDE
OIL
VII.
A.
General
Exemptions
.
.
.

VII.
A.
2.
Storage
tanks
with
capacities
of
less
than
1,590
cubic
meters
(
10,000
barrels)
used
to
store
crude
oil
and
condensate
prior
to
lease
custody
transfer
are
exempt
from
the
provisions
of
this
Regulation
No.
7
other
than
section
XII.

.
.
.

XII.
VOLATILE
ORGANIC
COMPOUND
EMISSIONS
FROM
OIL
AND
GAS
OPERATIONS
XII.
A.
Except
as
provided
in
section
XII.
A.
6
any
owner
or
operator
of
an
oil
and
gas
exploration
and
production
operation,
natural
gas
compressor
station
or
natural
gas
drip
station
located
upstream
of
a
natural
gas­
processing
plant
that
collects,
stores,
or
handles
condensate
in
the
8­
hour
Ozone
Control
Area
shall
employ
air
pollution
control
technology
to
control
emissions
of
volatile
organic
compounds
associated
with
atmospheric
condensate
storage
tanks
as
required
by
this
section
XII.
A.

XII.
A.
1.
The
owners
and
operators
shall
employ
control
technology
to
reduce
emissions
of
volatile
organic
compounds
by
the
dates
and
amounts
listed
below.
Emission
reductions
shall
not
be
required
for
each
and
every
unit,
but
instead
shall
be
based
on
overall
reductions
in
uncontrolled
actual
emissions
from
all
the
gas
exploration
and
production
operations,
natural
gas
compressor
stations,
and
natural
gas
drip
stations
located
upstream
of
a
natural
gas­
processing
plant
that
collect,
store,
or
handle
condensate
in
the
8­
hour
Ozone
Control
Area
for
which
the
owner
or
operator
filed,
or
was
required
to
file,
an
APEN
pursuant
to
Regulation
No.
3.
The
dates
and
requisite
reductions
are
as
follows:

XII.
A.
1.
a.
For
calendar
year
2005
such
emissions
shall
be
reduced
by
37.5%
from
uncontrolled
actual
emissions;

XII.
A.
1.
b.
For
calendar
year
2006
and
each
calendar
year
thereafter
such
emissions
shall
be
reduced
by
47.5%
from
uncontrolled
actual
emissions.
XII.
A.
2.
On
or
before
April
30,
2006,
and
annually
by
April
30
of
each
year
thereafter,
each
owner
or
operator
shall
submit
a
report
describing
the
emissions
controls
that
were
implemented
for
the
preceding
calendar
year
and
how
it
complied
with
the
emission
reductions
required
by
this
section
XII.
A.
Such
reports
shall
be
submitted
to
the
division
on
a
form
provided
by
the
division
for
that
purpose.
At
a
minimum,
the
report
shall
include
a
listing
of
all
sites
subject
to
this
section
XII
identifying
which
operations
are
controlled
by
what
types
of
devices;
uncontrolled
and
controlled
emissions
levels;
which
methods
of
estimating
emissions
were
used;
total
reductions
achieved;
whether
or
not
the
emissions
reduction
required
by
this
section
XII
has
been
achieved,
and,
if
not,
why
not;
and
other
information
the
Division
may
deem
necessary
to
determine
compliance
with
this
section
of
the
regulation.

XII.
A.
3.
Each
owner
or
operator
required
to
file
a
report
pursuant
to
section
XII.
A.
2
above
shall,
at
all
times,
maintain
an
updated
spreadsheet
of
information
required
by
such
report.
Such
updated
spreadsheet
shall
be
promptly
provided
by
e­
mail
or
fax
to
the
Division
upon
its
request.
The
U.
S.
mail
may
also
be
used
if
acceptable
by
the
Division.

XII.
A.
4.
The
reporting
required
in
sections
XII.
A.
2
and
XII.
A.
3
above
shall
not
apply
to
the
owner
or
operator
of
any
natural
gas
compressor
station
or
natural
gas
drip
station
that
is
authorized
to
operate
pursuant
to
a
construction
permit
or
Title
V
operating
permit
issued
by
the
Division
if
the
following
criteria
are
met:

XII.
A.
4.
a.
such
permits
are
obtained
by
the
owner
or
operator
on
or
after
the
effective
date
of
this
provision
and
contain
the
provisions
necessary
to
ensure
the
emissions
reductions
required
by
this
section
XII.
A;

XII.
A.
4.
b.
the
owners
and
operators
of
such
natural
gas
compressor
stations
or
natural
gas
drip
stations
do
not
own
or
operate
an
exploration
and
production
operation(
s);
and
XII.
A.
4.
c.
total
emissions
from
atmospheric
condensate
storage
tanks
associated
with
such
natural
gas
compressor
stations
or
drip
stations
subject
to
APEN
reporting
requirements
under
Regulation
No.
3,
taken
together,
do
not
exceed
30
tons
per
year
in
the
8­
hour
Ozone
Control
Area.

XII.
A.
5.
All
control
devices
shall
be
adequately
designed
and
sized
to
handle
fluctuations
in
emissions
of
volatile
organic
compounds.
If
a
flare
is
used
to
control
emissions
of
volatile
organic
compounds,
the
flare
shall
be
enclosed,
smokeless,
and
designed
so
that
an
observer
can,
by
means
of
visual
observation
from
the
outside
of
the
enclosed
flare,
or
by
other
convenient
means
approved
by
the
Division,
determine
whether
the
flare
is
operating
properly.

XII.
A.
6.
The
requirements
of
this
section
XII.
A
shall
not
apply
to
any
owner
or
operator
that
is
responsible
for
filing
APENs
for
oil
and
gas
exploration
and
production
operations,
natural
gas
compressor
stations
or
natural
gas
drip
stations
pursuant
to
Regulation
No.
3
if
the
APENs
for
atmospheric
condensate
storage
tanks
associated
with
such
operations
and
stations,
taken
together,
reflect
a
total
of
less
than
30
tons­
per­
year
of
actual
uncontrolled
emissions
of
VOCs
in
the
8­
hour
Ozone
Control
Area.
XII.
A.
7.
Pollution
prevention
devices
and
processes
installed
or
implemented
after
June
1,
2004
shall
qualify
as
air
pollution
control
technology
for
purposes
of
this
section
XII.
A
if
the
owner
or
operator
demonstrates
to
the
satisfaction
of
the
Division
that
such
pollution
prevention
will
result
in
a
quantifiable
reduction
in
emissions
of
volatile
organic
compounds
from
the
operation.

XII.
B.
Gas­
processing
plants
located
in
the
8­
hour
Ozone
Control
Area
shall
comply
with
requirements
of
this
section
XII.
B,
as
well
as
the
requirements
of
sections
XII.
C
and
XVI.

XII.
B.
1.
For
fugitive
VOC
emissions
from
leaking
equipment,
the
leak
detection
and
repair
(
LDAR)
program
as
provided
at
40
C.
F.
R.
Part
60,
Subpart
KKK
(
U.
S.
EPA
2003)
shall
apply,
regardless
of
the
date
of
construction
of
the
affected
facility.

XII.
B.
2.
An
enclosed
flare,
vapor
recovery
unit,
or
other
equally
effective
control
device
approved
by
the
Division,
shall
be
installed
and
properly
operated
to
reduce
emissions
of
volatile
organic
compounds
from
any
atmospheric
condensate
storage
tank
(
or
tank
battery)
used
to
store
condensate
that
has
not
been
stabilized
and
with
a
throughput
that
exceeds
the
APEN
de
minimis
levels
specified
in
Regulation
No.
3.
Flares
shall
have
at
least
a
95%
control
efficiency
and
shall
comply
with
section
XII.
A.
5.

XII.
B.
3.
Existing
natural
gas
processing
plants
within
the
8­
hour
Ozone
Control
Area
shall
comply
with
the
requirements
of
this
section
XII.
B
by
May
1,
2005.

XII.
B.
4.
The
provisions
of
this
section
XII.
B,
and
sections
XII.
C,
and
XVI,
shall
apply
upon
the
commencement
of
operations
to
any
natural
gas
processing
plant
that
commences
operation
in
the
8­
hour
Ozone
Control
Area
after
the
effective
date
of
this
subsection.

XII.
C.
On
or
after
May
1,
2005,
any
still
vent
and
vent
from
any
gas­
condensateglycol
(
GCG)
separator
(
flash
separator
or
flash
tank),
if
present,
on
a
glycol
natural
gas
dehydrator
located
at
an
oil
and
gas
exploration
and
production
operation,
natural
gas
compressor
station,
drip
station
or
gas­
processing
plant
in
the
8­
hour
Ozone
Control
Area
shall
reduce
uncontrolled
actual
emissions
of
volatile
organic
compounds
by
at
least
90
percent
through
the
use
of
a
condenser,
flare
or
other
emission
control
system.
This
section
XII.
C
shall
not
apply
to
any
single
natural
gas
dehydrator,
or
grouping
of
dehydrators
at
an
oil
and
gas
exploration
and
production
operation,
natural
gas
compressor
station,
drip
station
or
gas­
processing
plant,
with
uncontrolled
actual
emissions
of
volatile
organic
compounds
of
less
than
15
tons
per
year.
The
control
requirement
in
this
section
XII.
C.
shall
not
apply
to
a
natural
gas
dehydrator
with
emissions
below
the
APEN
reporting
thresholds
in
Regulation
No.
3
that
is
part
of
a
grouping
of
dehydrators,
but
the
emissions
from
such
dehydrator
shall
be
included
in
the
calculation
used
to
determine
whether
the
grouping
of
dehydrators
exceeds
the
15
tons
per
year
threshold.

XII.
D.
Definitions
and
general
provisions
XII.
D.
1.
A
"
glycol
natural
gas
dehydrator"
means
any
device
in
which
a
liquid
glycol
(
including,
ethylene
glycol,
diethylene
glycol,
or
triethylene
glycol)
absorbent
directly
contacts
a
natural
gas
stream
and
absorbs
water.

XII.
D.
2.
All
control
devices
required
by
this
section
XII
shall
be
operated
pursuant
to
manufacturer
specifications.
All
condensate
collection,
storage,
processing
and
handling
operations,
regardless
of
size,
shall
be
operated
and
maintained
so
as
to
minimize
leakage
of
volatile
organic
compounds
to
the
atmosphere.
To
the
extent
practicable,
scheduled
maintenance
involving
the
shutdown
of
the
air
pollution
control
technology
or
release
of
volatile
organic
compounds
shall
be
minimized
between
May
1
and
September
1,
unless
delay
or
failure
to
perform
such
maintenance
during
such
time
period
would
violate
any
other
regulatory
requirement,
violate
any
construction
permit
or
Title
V
operating
permit
term,
or
condition,
be
inconsistent
with
a
relevant
equipment
manufacturer
specification,
or
endanger
health
or
safety.

XII.
D.
3.
The
emission
estimates
and
emission
reductions
required
by
this
section
XII
shall
be
demonstrated
using
emissions
factors
or
emissions
testing
methods
that
are
based
on
good
engineering
principles
and
for
which
the
Division
has
no
objection.

XII.
D.
4.
Oil
refineries
are
not
subject
to
this
section
of
the
rule.

.
.

RENUMBER
SECTION
XVI
(
STATEMENTS
OF
BASIS,
SPECIFIC
STATUTORY
AUTHORITY,
AND
PURPOSE)
AS
SECTION
XVII,
AND
ADD
NEW
SECTION
XVI,
AS
FOLLOWS:

XVI.
CONTROL
OF
EMISSIONS
FROM
STATIONARY
AND
PORTABLE
ENGINES
IN
THE
8­
HOUR
OZONE
CONTROL
AREA
XVI.
A.
Requirements
for
new
and
existing
engines.

XVI.
A.
1
The
owner
or
operator
of
any
natural
gas­
fired
stationary
or
portable
reciprocating
internal
combustion
engine
with
a
manufacturer's
design
rate
greater
than
500
horsepower
commencing
operations
in
the
8­
hour
Ozone
Control
Area
on
or
after
June
1,
2004
shall
employ
air
pollution
control
technology
to
control
emissions,
as
provided
in
section
XVI.
B.

XVI.
A.
2
Any
existing
natural
gas­
fired
stationary
or
portable
reciprocating
internal
combustion
engine
with
a
manufacturer's
design
rate
greater
than
500
horsepower,
which
existing
engine
was
operating
in
the
8­
hour
Ozone
Control
Area
prior
to
June
1,
2004,
shall
employ
air
pollution
control
technology
on
and
after
May
1,
2005,
as
provided
in
section
XVI.
B.

XVI.
B.
Air
pollution
control
technology
requirements
XVI.
B.
1.
For
rich
burn
reciprocating
internal
combustion
engines,
a
non­
selective
catalyst
reduction
and
an
air
fuel
controller,
or
other
technology
approved
by
the
Division
as
equally
effective
at
reducing
emissions
of
volatile
organic
compounds,
shall
be
required.
A
rich
burn
reciprocating
internal
combustion
engine
is
one
with
a
normal
exhaust
oxygen
concentration
of
less
than
2%
by
volume.

XVI.
B.
2.
For
lean
burn
reciprocating
internal
combustion
engines,
an
oxidation
catalyst,
or
other
technology
approved
by
the
Division
as
equally
effective
at
reducing
emissions
of
volatile
organic
compounds,
shall
be
required.
A
lean
burn
reciprocating
internal
combustion
engine
is
one
with
a
normal
exhaust
oxygen
concentration
of
2%
by
volume,
or
greater.

XVI.
C.
The
air
pollution
control
technology
requirements
in
this
section
XVI
shall
not
apply
to:

XVI.
C.
1.
Non­
road
engines,
as
defined
in
Regulation
No.
3.

XVI.
C.
2.
Reciprocating
internal
combustion
engines
that
the
Division
has
determined
will
be
permanently
removed
from
service
or
replaced
by
electric
units
on
or
before
May
1,
2007.

XVI.
C.
3.
Any
emergency
power
generator
exempt
from
APEN
requirements
pursuant
to
Regulation
No.
3.

XVI.
C.
4.
Any
lean
burn
reciprocating
internal
combustion
engine
operating
in
the
8­
hour
Ozone
Control
Area
prior
to
June
1,
2004,
for
which
the
owner
or
operator
demonstrates
to
the
Division
that
retrofit
technology
cannot
be
installed
at
a
cost
of
less
than
$
5,000
per
ton
of
VOC
emission
reduction.
Installation
costs
and
the
best
information
available
for
determining
control
efficiency
shall
be
considered
in
determining
such
costs.
In
order
to
qualify
for
such
exemption,
the
owner
or
operator
must
submit
an
application
making
such
a
demonstration,
together
with
all
supporting
documents,
to
the
Division
by
May
1,
2005.
Any
reciprocating
internal
combustion
engine
qualifying
for
this
exemption
shall
not
be
moved
to
any
other
location
within
the
8­
hour
Ozone
Control
Area.

.
.
.

XVII.
STATEMENTS
OF
BASIS,
SPECIFIC
STATUTORY
AUTHORITY
AND
PURPOSE
 

REGULATION
NO.
7
Statement
of
Basis,
Statutory
Authority,
and
Purpose
Section
XVII.
F
(
March
2004,
sections
I.
A,
I.
B.,
XII,
and
XVI
The
March
2004
revisions
were
adopted
in
conjunction
with
the
Early
Action
Compact
Ozone
Action
Plan,
which
is
a
SIP
revision
for
attainment
of
the
8­
hour
ozone
standard
by
December
31,
2007.
The
Commission
adopted
four
new
control
measures
in
Regulation
No.
7
to
reduce
emissions
of
volatile
organic
compounds
(
VOC).
The
control
measures
require
the
installation
of
air
pollution
control
technology
to
control:
(
1)
VOC
emissions
from
condensate
operation
at
oil
and
gas
(
E&
P)
facilities;
(
2)
emissions
from
stationary
and
portable
reciprocating
internal
combustion
engines;
(
3)
certain
VOC
emissions
from
gas­
processing
plants;
and,
(
4)
emissions
from
dehydrators
at
oil
and
gas
operations.

The
new
requirements
in
sections
XII,
and
XVI
apply
to
a
larger
geographic
area
than
the
pre­
existing
requirements
of
Regulation
No.
7,
as
set
out
in
section
I.
A.
of
the
rule.
The
reference
to
the
"
Denver
Metro
Attainment
Maintenance
Area",
which
is
not
a
defined
term,
in
section
I.
A
was
changed
to
refer
to
the
"
Denver
1­
hour
ozone
attainment/
maintenance
area",
which
is
defined
in
the
Ambient
Air
Quality
Standards
Rule.
Similarly,
the
reference
to
the
"
Denver
Metropolitan
Nonattainment
Area
Ozone
Maintenance
State
Implementation
Plan"
was
changed
to
the
"
Ozone
Redesignation
Request
and
Maintenance
Plan
for
the
Denver
Metropolitan
Area,"
which
is
the
correct
name
of
the
document
submitted
to
EPA
in
May
2001.

Regarding
VOC
emissions
from
condensate
operations,
the
Commission
has
determined
that
an
overall
reduction
of
47.5%
VOCs
is
required
of
each
E&
P
operation
so
as
to
meet
the
requirements
of
the
SIP.
Further
the
Commission
decided
not
to
take
a
unit­
by­
unit
approach,
but
rather,
the
amendments
take
a
more
flexible
approach
to
regulating
such
emissions
by
requiring
sources
that
have
filed,
or
were
required
to
file,
APENs
to
choose
emission
controls
and
locations
for
applying
those
controls.
This
approach
also
minimizes
the
risk
that
sources
may
reconfigure
tanks
to
avoid
implementing
the
regulation.

Section
XII.
A.
6
provides
an
exemption
for
owners
and
operators
with
less
than
30
tpy
of
flash
emissions
subject
to
APEN
reporting
requirements.
Regulation
No.
7
previously
included
more
general
exemptions
for
emissions
from
condensate
operations,
but
such
pre­
existing
exemptions
should
have
been
repealed
as
part
of
this
revision
to
Regulation
No.
7.
To
the
extent
any
pre­
existing
exemption
for
condensate
operations
remains,
such
pre­
existing
exemption
shall
not
be
construed
to
supercede
the
requirements
of
Section
XII.

The
rule
also
requires
annual
reports
describing
how
E&
P
sources
will
achieve
the
requisite
emission
reductions.
Such
reports
are
necessary
so
that
the
Division
can
determine
whether
or
not
the
emission
reductions
are
being
achieved.

Section
XII.
B
of
Regulation
No.
7
is
required
to
ensure
that
existing
and
new
natural
gas
processing
plants
employ
air
pollution
control
technology
to
control
emissions
from
leaking
equipment,
and
atmospheric
condensate
storage
tanks
(
and
tank
batteries).
The
Commission
is
specifically
requiring
a
leak
detection
and
repair
(
LDAR)
program
for
all
gas
plants,
according
to
the
provisions
of
40
C.
F.
R.
Part
60,
Subpart
KKK,
regardless
of
the
date
of
construction
of
the
affected
facility.
This
is
necessary
to
ensure
these
large
facilities
are
well
controlled
and
VOC
emissions
minimized.

Section
XII.
C.
pertains
to
control
of
VOC
emissions
from
natural
gas
dehydration
operations.
The
Commission
determined
that,
in
order
to
meet
the
requirements
of
the
SIP,
emissions
must
be
reduced
from
all
dehydration
operations
located
in
the
8­
hour
Ozone
Control
Area
if
such
operations
produce
emissions
above
the
minimum
threshold
specified
in
the
rule.
Further
the
Commission
decided
that
flexibility
should
be
allowed
in
how
emissions
are
reduced,
so
several
options
are
listed
from
which
a
source
owner
or
operator
may
choose.
If
other
equally
effective
measures
or
control
devices
are
available,
the
Division
may,
on
a
caseby
case
basis,
approve
the
use
of
such
alternatives.

Similarly,
section
XVI
establishes
controls
for
reciprocating
internal
combustion
engines.
Both
"
lean"
and
"
rich"
burn
engines
are
addressed
and
though
the
Commission
has
specified
the
default
control
technology
to
be
applied
to
each
engine
type,
the
Division
is
allowed
to
approve
alternative
technology
if
a
demonstration
can
be
made
that
the
alternative
is
at
least
as
effective
as
the
listed
device
in
reducing
VOC
emissions.
Parties
to
the
rulemaking
hearing
provided
evidence
that
suitable,
cost­
effective
control
equipment
may
not
be
available
for
some
existing
engines.
The
rule
adopted
by
the
Commission
includes
an
exemption
for
lean
burn
engines
if
the
owner
demonstrates
that
such
emissions
controls
would
cost
$
5,000
or
more
per
ton
of
VOC
removed.
In
calculating
such
costs,
the
Division
shall
use
an
appropriate
amortization
period
and
current
discount
rate.
The
Commission
directs
the
Division
to
further
investigate
the
question
of
whether
controls
are
available
and
suitable
for
lean
burn
engines,
and
to
recommend
any
revisions
necessary
for
the
regulation
applicable
to
such
engines.
New
engines
locating
in
the
control
area
must
comply
with
the
requirements
effective
June
1,
2004,
but
existing
engines
have
until
May
1,
2005
to
come
into
compliance.
Since
the
rule
provides
an
exemption
for
existing
engines
that
cannot
be
controlled
for
less
than
$
5,000
per
ton,
the
rule
must
make
the
distinction
between
new
and
existing
engines
so
that
engines
will
not
be
moved
into
the
area
during
prior
to
May
2005
and
subsequently
apply
for
such
an
exemption.

The
Commission
recognizes
that,
at
this
point
in
time,
the
controls
required
by
the
rule
amendments
constitute
Reasonably
Available
Control
Technology
(
RACT),
at
a
minimum,
and
in
some
cases,
the
controls
mandated
by
this
regulation
may,
in
fact,
constitute
Best
Available
Control
Technology
(
BACT).
This
means
that
this
regulation
shall
not
be
used:
(
a)
to
preclude
a
source
from
asserting
that
one
of
the
controls
mandated
herein
constitutes
BACT
or
Lowest
Achievable
Emissions
Rate
(
LAER)
for
a
new
source
or
major
modification,
(
b)
require
the
Division
or
Commission
to
mandate
different
control
technologies
as
BACT,
or
(
c)
preclude
the
Division
or
Commission
from
requiring
additional
or
more
stringent
air
pollution
control
technologies
as
necessary
or
appropriate
to
comply
with
applicable
BACT
or
LAER
requirements
for
new
sources
and
major
modifications.

By
its
terms,
the
New
Source
Performance
Standard
(
NSPS)
applicable
to
leaking
equipment
at
onshore
natural
gas
processing
plants
(
40
C.
F.
R.
Part
60,
Subpart
KKK)
applies
to
"
affected
facilities"
and
"
process
units"
at
such
facilities
as
those
terms
are
defined
in
the
standard.
In
general,
plants
that
were
constructed
prior
to
January
20,
1984
are
exempt
from
the
standard,
unless
subsequently
modified
or
reconstructed,
or
newly
constructed
after
that
date.
Since
process
units
at
a
single
gas
plant
can
be
distinct,
certain
gas
plants
may
contain
equipment
that
is
not
presently
subject
to
the
NSPS
because
of
its
date
of
construction.
The
control
requirement
in
Section
XII.
B
would
extend
leak
detection
and
repair
program
requirements
to
such
equipment.

The
statutory
authority
for
the
revisions
to
regulation
No.
7
is
set
out
in
sections
25­
7­
105(
1)(
a)
and
(
1)(
b);
25­
7­
106(
1)(
c),
(
5)
and
(
6);
and
25­
7­
109(
1)(
a)
and
(
2),
C.
R.
S.

The
March
2004
revisions
to
Regulation
No.
7
are
based
on
reasonably
available,
validated,
reviewed,
and
sound
scientific
methodologies.
All
validated,
reviewed
and
sound
scientific
methodologies
and
information
made
available
by
interested
parties
has
been
considered.
Evidence
in
the
record
supports
the
finding
that
the
rule
shall
result
in
a
demonstrable
reduction
in
air
pollution.
The
Commission
chose
the
most
costeffective
mix
of
control
strategies
available
to
comply
with
the
8­
hour
ozone
NAAQS.
Where
possible,
the
regulations
provide
the
regulated
community
with
flexibility
to
achieve
the
necessary
reductions.
The
Commission
chose
the
regulatory
alternative
that
will
maximize
the
air
quality
benefits
in
the
most
cost­
effective
manner.
