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

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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 will calculate zero emissions for facilities that did not operate at any point during the reporting year.

A revised list of facilities required to report calendar year 2023 TAC emissions can be accessed here: (spreadsheet 1/10/2024). As a courtesy reference, this file also includes the calendar year 2022 TAC emissions reported to the Division through the Air Pollutant Emission Notice (APEN) program. Not all facilities subject to TAC reporting have TAC emissions included in this file. 

How do I report? 

If your facility reports to the Oil and Gas Emission Annual Emission Inventory (ONGAEIR), the TAC 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: 

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 (AQCC).

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

This annual report does not replace APEN reporting requirements. Toxic air contaminant (TAC) reporting does not exempt reporting of smaller quantities of TAC that are below the reporting thresholds for APEN. While the Air Pollution Control Division will share reported APEN data to draft facility-wide TAC estimates for certification and review, facilities should still follow APEN requirements

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

APCD held a virtual discussion on the 2023 TAC reporting templates and submission procedures on Tuesday, Jan. 23, 2024.

For announcements of upcoming meetings related to reporting, visit public participation opportunities related to air toxics and air quality.

Technical assistance for small businesses

The Air Pollution Control 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 webpage or email cdphe_apcd_sbap@state.co.us.

Contact

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