Guidance for small businesses

• Go to the Environmental Justice Report Tool for Air Quality Regulation 3 web page and open the Environmental  Justice Report Tool. 
• Create and download an Environmental Justice Report for each census block group where the facility is located. 
  • Click the icon on the left side of the screen (shown below), then “+Add Location,” and select your location on the map, and “Next” to generate the Environmental Justice Report.

Figure 1. The “Generate EJ Report” tab will appear on the left side of the screen. After finding the facility location in step one, click on the large teal icon with the four white squares to proceed to the next step.

• Review the supplemental information for Air Quality Regulation 3 complete list of questions related to your source.
• Then, complete the Environmental Justice Summary Supplemental Information form and submit the completed online form.
  • Note: Use your Environmental Justice Report generated in Step 1 above to identify whether your facility is located in a Disproportionately Impacted Community.

• Submit the Environmental Justice Report generated in Step 1, which includes a satellite image of the facility, to cdphe_apcd_ejreports@state.co.us. 
• Include“EJ Summary” and the facility name in the subject line.
  • Note: There is no filing fee associated with submitting an Environmental Justice Summary.

• Once you complete steps 1-3 above, wait to receive a Letter of Concurrence from the division. The division generally sends this letter within 5-10 business days. 

• Submit the Letter of Concurrence, complete Environmental Justice Summary, and all supplemental information with your APEN.
  • Note: For sources applying for Title V permits, please note that all Title V forms, instructions, and guidance documents have been updated effective August 2023. For more information, please visit the Title V operating permits web page. We encourage all facilities – particularly those that will be reclassified as Title V facilities – to submit the required Environmental Justice Summary as soon as possible.

For more information, visit the department’s Environmental Justice Report Tool for Air Quality Regulation 3 web page.

Questions #1-6: Use facility info from the APEN.

Questions #7-9: Use information generated in the Environmental Justice Summary.

Questions #10-11: If you are not applying for a General Permit, please skip these questions and leave blank. If applying for a General Permit, indicate which General Permit will be used for each source.

Question #12: Provide a map of your location.

Question #13: Report your facility’s emissions sources by completing the appropriate template table(s) provided below. Include information about emissions from the project modification, as well as the total facility emissions.

• Note: Portable sources must complete the modeling determination form using the facility’s total annual emissions that will be emitted at all locations, including any associated modifications. When completing table(s), please provide the initial facility location. 
• Emissions estimates templates
  • Point Sources (such as stacks and isolated vents) with a vertical release (not a flare)
  • Flares
  • Volume Sources (releases at an elevation such as multiple vents, conveyor belts)
  • Area Sources (low level releases such as storage piles, slag dumps, lagoons)
  • Openpit Sources

Question #15: Please provide information on buildings/structures located on-site and adjacent to the emissions source(s). Estimates are acceptable.

Question #16: Asks if this source has been modeled before. If the answer is “yes,” provide previous modeling demonstration(s).

Send the completed APCD-114 Form to: cdphe_apcd_modelingdeterminations@state.co.us.

Note: There is no fee associated with the processing of APCD-114 Form.

Once you submit the APCD-114 Form and supplemental information, you will receive a Determination of Modeling from the Division’s Permit Modeling Unit within 2 weeks of submission. (The process will take longer if all required information is not submitted). The determination from the Permit Modeling Unit will state whether modeling is required. You will include this Determination with your APEN submission. 

Note: If a “Determination of Modeling Required” is made, follow this Modeling Procedure Guidance. 

1. For Construction Permits: the model assessment may be submitted to PMU concurrently with the CP submittal.
2. For General Permits or Title V modifications: a model assessment must be submitted to the Permit Modeling Unit prior to submitting the General Permit or Title V modification, and a final Modeling Review Report completed by the unit must be submitted with the General Permit or Title V modification.

1. Identify the appropriate APEN(s) for your operation or equipment. If there is not a specific APEN type for your emission source, you may use the “General APEN” form.
   1. Oil & Gas APENS
   2. Non-Oil & Gas Industry APENS
   3. General APEN

Review and complete the application completeness checklist.

Note: Your application will be rejected if it is filled out incorrectly, is missing information, missing required forms, or lacks payment for the filing fee. The Form APCD-100 and all applicable forms on that checklist are required with every application. The re-submittal will require a new filing fee. See our Application Rejection Frequently Asked Questions page for more information.

The following application types are exempted from the requirement to submit the Permit Application/Registration Checklist (Form APCD-100): 

• Air Pollutant Emission Notice (APEN) updates only (no changes to permit).
  • Renewal of 5-year APEN term.
  • Update to actual annual emissions, per AQCC Reg. 3, Part A, Section II.C.
• APEN exempt sources.
• Permit exempt sources.
• Administrative permit amendments (including but not necessarily limited to name changes, changes in contact information, transfers of ownership, and typographical error corrections).

Submit payment for your APEN(s). The current filing fee for each APEN is $242.00.

• To pay APEN filing fee(s) and General Permit fee(s) with a credit card, use the Air Pollution Control Division’s online payment portal. 
  • Please follow the instructions in this guidance document for online payment and electronic form submittal.
• Email your payment confirmation to cdphe_apcd_fiscal@state.co.us.
• You may alternatively mail your complete application and check payment to:
  • Colorado Department of Public Health & Environment, APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530

Please submit the APEN(s), all supplemental attachments (including Letter of Concurrence for the Environmental Justice Summary, Modeling Determination, maps, and final Modeling Review Report, if required), a cover letter (optional), and copy of your payment receipts to: cdphe_apcd_ssp_application@state.co.us.