Cancellation of air permit or APEN due to regulatory changes


Several revisions made to Colorado Regulation No. 3, which became effective on April 14, 2014, have affected the APEN-reporting and permitting requirements for a number of emission source types. The revisions remove the so-called catchall provisions from Part A., Section II.D.1., and Part B, Section II.D.Sources subject to a federal New Source Performance Standard (NSPS) or National Emission Standard for Hazardous Air Pollutants (NESHAP) incorporated into Regulation Numbers 6 or 8 are no longer subject to Air Pollutant Emission Notice (APEN) reporting and construction permitting solely due to being subject to that NSPS or NESHAP. Construction permits and active APENs processed in accordance with the catchall provisions will no longer be necessary due to the removal of these provisions. Owners and/or operators of these emission units shall determine if they have any emission units that are affected by the changes, and submit cancellation requests, if appropriate. Cancellation requests should state that cancellation is requested due to the removal of the catchall provision and clearly identify if cancellation is requested for the construction permit only, or both the construction permit and APEN. For more information on the removal of the catchall provisions from Regulation No. 3 please refer to PS Memo # 14-01 – 2014 Regulation No. 3 Changes.


Source specific exemption letters

The emission source types most commonly affected by this revision to Regulation No. 3 are diesel (compression-ignition) engines, crushers/screens, and dry cleaners. A general exemption letter (APEN-Required/Permit-Exempt) is available below for each of these source types.

These general exemption letters only apply to emissions units, as described within them and per PS Memo # 14-01, that are now exempt from construction permitting requirements but still subject to APEN-reporting requirements. An emissions unit will only be covered by one of these general exemption letters once the Division has received an appropriately completed Emissions Permit/APEN Cancellation Request (Form APCD-107).