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

January 2026 update: The Air Quality Control Commission adopted changes to annual emissions reporting procedures in Regulation 3 and Regulation 7 in April 2025. Learn more on the Air Quality Control Commission regulations web page.

These reporting rule changes will be fully implemented in a future reporting year and do not impact the reporting templates for calendar year 2025 reporting that are due by June 30, 2026. There are certain opportunities for sources to streamline these reports to best align with the requirements finalized in the April 2025 reporting regulations.

The division will continue to work with stakeholders and develop additional guidance and tools relating to these rule changes prior to the first deadline for the new reporting rules, June 30, 2027. 
 

Overview

In June 2022, House Bill 22-1244: The Public Protections From Toxic Air Contaminants Act was signed into state law. The law includes requirements for certain sources of air pollution to submit annual toxic air contaminant emission reports. This web page offers guidance for sources that must submit reports.

When are reports due?

The first annual air toxics reports were due by June 30, 2024. 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, 2025 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.

Beginning June 30, 2027, reporting will expand to certain other minor sources to align with requirements finalized in Regulation 3 and Regulation 7.

How do I report?

2025 Toxic Air Contaminant reporting

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 2025 templates and submission instructions are available on the ONGAEIR web page.

If your facility does not report to ONGAEIR: 

The division developed a reporting guidance document. 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.

Facilities should follow the newly established reporting thresholds and allowable exemptions. Use the following resources to ensure your report is accurate:

Historical Toxic Air Contaminant reporting from 2023 or 2024

If your facility has not yet submitted an air toxics report, follow these instructions:

Email the report(s) directly to cdphe_apcd_airtoxics@state.co.us

Which air toxics must be reported?

The Air Quality Control Commission Regulation 3, Part A, Appendix C contains a full list of all air toxics that must be reported.

Is there a fee on my reported emissions?

For the initial three years of TAC reporting, calendar years 2023 through 2025, no fee is required for report submission. Any fees in future years would depend on rulemaking action by 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 types of equipment or activities exempt from reporting differ from the exemptions allowed under the APEN program. Visit the Annual emissions reporting applicability and exemptions web page for more information.

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

In January 2025, the division held a virtual discussion on the 2024 air toxics reporting templates and submission procedures.

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

Where can I access information previously reported to the Air Pollution Control Division?

The reported data is available on the air toxics reporting web page.

Technical assistance for small businesses

Complying with Air Toxics Requirements and Annual Emissions Reporting Guidance. Provides step-by-step guidance to help small businesses meet air toxics and emissions reporting requirements.

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 us

Questions? Email cdphe_apcd_airtoxics@state.co.us