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Air Permit Public Notices

Types of Permits Subject to Public Notice


Construction permits require public notice for reasons listed in Regulation Number 3, Part B, Section III.C. The most common reasons are: New emission limits and/or limit increases in the draft permit trigger the requirement for public comment (25 tons per year in a nonattainment area or 50 tons per year in an attainment area.

  • The source could possibly emit odor above the limits found in the Air Quality Control Commission Regulation Number 2.
  • The source emits hazardous air pollutants at a level that requires them to follow the National Emissions Standards for Hazardous Air Pollutants (NESHAPS).
  • The source is requesting a federally enforceable limit on potential emissions in order to keep yearly emissions low enough to not trigger other regulatory requirements. 
  • The division decides that public comment is warranted. This decision may be based on the length of time of the operation, its location, the type and projected amount of emissions, the likelihood of public concern, or other relevant factors. 

If all emission standards and ambient air quality standards are met, we will grant an Initial Approval permit. The Initial Approval permit allows the source to construct and start operation. The source must start construction within 18 months from the date of issuance or the permit can automatically expire. 

Draft operating permits are published on our website and comments are requested for the following permit types:

  • Significant modifications
  • Initial permits
  • Renewal permits and re-openings

All preconstruction permits that include Prevention of Significant Deterioration (PSD) and/or Nonattainment New Source Review Requirements (NANSR) are published on the division's website and comments from the public are requested. 


Public Notice Period: January 30th - February 29th


Public Notice Period: January 23rd - March 23rd


Public Notice Period: January 16th - February 15th

Current Permit Public Notices


During a public notice period, we post the public notice, draft permit, and any calculations/analysis documents on this page, and request written comments from the public. 

NOTE: Comments submitted to the division will be uploaded to an online document repository and will be accessible to the public. Your comments and the division's responses are not considered confidential and will be publicly accessible, including your name, email address, phone, address and any other personal information you provide in your comments. 

If you would like to submit a public comment, please first review our Public Participation Guidance. If you have any questions, general comments, or would like to send us additional information, contact us at


Public Comment Hearings set by the Air Quality Control Commission (AQCC)


A public hearing has been set by the Air Quality Control Commission (AQCC) for this application:

CEMEX Construction Materials South, LLC - Lyons Cement Plant



Hearing Date/Time: January 5, 2024 at 4:00 pm. The hearing will conclude by 7:00 pm or earlier if all who wish to speak have been heard.

Hearing Location: Online only via Zoom.

Register for the meeting and to provide public comment: CEMEX Public Comment Hearing



All required documents for this public comment hearing can be found on the Commission website at: 010524 -- CEMEX Public Comment Hearing

The Division will continue to accept public comments until the conclusion of the public comment hearing on January 5, 2024, or the deadline set by the AQCC at the public comment hearing.


Additional guidance related to public participation at Air Quality Control Commission hearings can be found on the AQCC website.

Division Responses to Public Comments


Suncor Energy (U.S.A.), Inc. - Commerce City Refinery - Plant 2 (East) - Adams County

The Division reviewed comments received during the second public notice period for the Suncor Refinery Plant 2 Renewal Title V Operating Permit. Responses to the comments can be found here. The Division sent the revised Proposed permit and TRD to EPA on June 22, 2022. EPA's 45-day review period starts June 23, 2022 and ends August 7, 2022. The revised Proposed permit and TRD can be found here

Comments received during the second public notice period can be viewed here.

Responses to comments received during the initial public notice period can be viewed here.


Suncor Energy (U.S.A.), Inc - Commerce City Refinery - Plants 1 and 3 (West) - Adams County

The public notice period for the renewal permit for Plants 1 and 3 ended on July 13, 2022. The Division is currently reviewing comments and preparing responses. The responses will be posted to this page when they are complete. The draft permit, draft technical review document, applications and other associated documents can be found here.  Comments received during the public notice period will be posted here


The division's responses to comments on previous permitting actions can be accessed from the electronic records depository. Search Records