Guidance for facilities required to submit annual air toxics reports under HB22-1244

Air toxics reporting overview

When are reports due? 

The first annual air toxics reports are due by June 30, 2024. These reports would include calendar year 2023 emissions. Subsequent reports are due on an annual basis on June 30 each year and include data on the previous calendar year.

Who must report? 

All sources required to obtain an operating permit and synthetic minor sources are required to report annual facility-wide air toxics emissions. 
If a facility changes ownership or control of the facility during the reporting year, the owner or operator as of June 30, 2024 is responsible for submitting the report. If a facility did not operate in the reporting year, it must verify the facility operating status in the provided reporting template. CDPHE’s Air Pollution Control Division will calculate zero emissions for facilities that did not operate at any point during the reporting year.
The division created a spreadsheet of facilities required to report air toxics emissions for calendar year 2023. The spreadsheet includes the calendar year 2022 air toxics emissions reported to the division through the Air Pollutant Emission Notice (APEN) program. The 2022 list does not include all facilities that are subject to new air toxics reporting requirements. 

How do I report? 

If your facility reports to the Oil and Gas Emission Annual Emission Inventory (ONGAEIR), the air toxics reporting template has been incorporated into that template. The 2023 templates and submission instructions will be made available on the ONGAEIR website.
If your facility does not report to ONGAEIR: 

• Download the air toxics reporting spreadsheet.
• Submit completed 2023 reports using the annual report form.

The division developed a reporting guidance and answers to frequently asked questions. The guidance covers best practices, resources for reporting emissions, the report submittal procedure, and more. The guidance contains information and resources about emission estimation methods, such as links to emission factor compilations, speciation methods, and material balance calculation explanations. 

Which air toxics must be reported? 

A full list of all air toxics that must be reported are available on our toxic air contaminants page. 

Is there a fee on my reported emissions? 

For the initial reports due June 30, 2024 no fee is required as part of the report submission. Any fees in future years would be dependent on rulemaking action from the Air Quality Control Commission.

How do these reports differ from Air Pollutant Emission Notice (APEN) reporting? 

This annual report does not replace APEN reporting requirements. Facilities may be exempt from APEN reporting requirements if their air toxics emissions are below a certain threshold. However, those same facilities are not exempt from these new annual air toxics reporting requirements. 
The division will share reported APEN data to draft facility-wide air toxics estimates for certification and review. However, facilities should still follow APEN requirements. 

Where can I find upcoming or previous presentations to assist reporters? 

The division held a virtual discussion on the 2023 air toxics reporting templates and submission procedures on Tuesday, Jan. 23, 2024.

• Public Protections from Toxic Air Contaminants (HB22-1244) slides.
• Recording of Public Protections from Toxic Air Contaminants meeting.

For all upcoming meetings related to air quality, visit the division’s public participation opportunities web page.

Technical assistance for small businesses

The division provides free technical assistance to small businesses impacted by the air toxic reporting requirements. Businesses with fewer than 100 employees are eligible. For more information, visit the Small Business Assistance Program web page or email cdphe_apcd_sbap@state.co.us.

Contact

Questions about reporting? Email cdphe_apcd_airtoxics@state.co.us