Starting Jan. 1, 2024, permit applications for air pollution sources located in cumulatively impacted communities may be subject to new reasonably available control technology (RACT) requirements. These new requirements stem from May 2023 updates to Regulation Number 3. (In particular: Part B, sections III.D.2.c and III.D.2.d.)
To determine if these expanded RACT requirements apply to your facility:
- Use the Environmental Justice Report Tool for Air Quality Regulation 3 to determine whether the facility is located in a cumulatively impacted community.
- A cumulatively impacted community is a census block group that has a score above the 80th percentile in Colorado EnviroScreen.
If your facility is located in a cumulatively impacted community:
- The new expanded RACT requirements may apply.
If your facility is not located in a cumulatively impacted community:
- The new expanded RACT requirements do not apply.
- Other RACT requirements may still apply.
Once you submit your complete permit application, the Air Pollution Control Division will notify you if the new RACT requirements apply to your facility. The division’s permitting team will contact you about any information needed for the RACT analysis at that time. This process will be similar to how the division implements current RACT analyses for facilities.
Note: Projects that require an analysis for the new RACT requirements are likely not eligible to use the minor permit modification procedures.
If you have questions, please contact:
- Title V permits: cdphe_apcd_title_v@state.co.us
- Oil and gas construction permits: cdphe_apcd_ssp_application@state.co.us
- Non-oil and gas construction permits: cdphe_apcd_ssp_application@state.co.us
- Small business assistance: cdphe_apcd_sbap@state.co.us
Subject matter expert panel
Please note: If you would like to request a Spanish interpretation, please email cdphe_apcd_outreach@state.co.us.
Tenga en cuenta: Si desea solicitar interpretación al español, envíe un mensaje por correo electrónico a cdphe_apcd_outreach@state.co.us.
The Air Quality Control Commission adopted the disproportionately impacted community permitting rule in May 2023. As part of implementing the new rule, the Air Pollution Control Division convened a panel of subject matter experts. The panel will support the development of an air monitoring guidance document. The guidance will serve as a valuable resource for pollution sources that must conduct enhanced air monitoring. During monthly meetings from fall 2023 to spring 2024, the panel will discuss technical recommendations for enhanced air monitoring. Topics will include:
- Which reasonably available technologies can monitor the air pollutants in the rule.
- Evaluations of the available air monitoring technologies.
- Air monitor placement and operational requirements.
- Data collection and transmission processes.
- Reporting and sharing requirements for air pollution data.
Division staff will help facilitate the panel’s monthly meetings. The division will consider the panel’s findings, recommendations, and best practices for air quality monitoring and incorporate them into a guidance document. The division and the panel will finalize the guidance document before the deadline for sources to begin enhanced monitoring on July 15, 2024.
- Public participation opportunities
Technical panel meetings
The panel’s monthly technical meetings will be open to the public. Each meeting will be about two hours long. These meetings will include opportunities for public comment. The meetings will primarily focus on technical discussions among the panelists. The meetings will be hybrid, held on zoom and in-person at Colorado Department of Public Health and Environment. The dates for the technical panel meetings will be:
- Monday, Feb. 26, 2024, 1 - 3 p.m.
- Monday, March 25, 2024, 1 - 3 p.m.
- Monday, April 22, 2024, 1 - 3 p.m.
- Monday, May 20, 2024, 1 - 3 p.m.
Past meetings
- Monday, Jan. 22, 2024, 1 - 3 p.m.
- Monday, Dec. 18, 2023, 1 - 3 p.m.
- Monday, Nov. 27, 2023, 1 - 3 p.m.
Public informational sessions
In addition to the panel's technical monthly meetings, the division will host two public informational sessions in 2024. During these sessions the division will help explain the panel’s progress and decisions, provide opportunity for additional public comment, and answer questions. The dates for the public informational sessions will be:
Tuesday, Feb. 6, 2024, 6 - 8 p.m.
Tuesday, May 21, 2024, 6 - 8 p.m.
- Meet the panel
The division is grateful to have a panel with diverse air quality monitoring expertise. This will ensure balanced and comprehensive recommendations for the air monitoring guidance. All panelists have graciously volunteered their time.
- Press releases
November 7, 2023: State health department announces diverse technical panel to support development of new, enhanced air monitoring guidance
Disproportionately impacted community permitting rule overview
In May 2023, the Air Quality Control Commission adopted updates to Regulation Number 3 in response to Colorado’s Environmental Justice Act. Updates in the new rule include:
- Additional required modeling and monitoring for air pollution sources in disproportionately impacted communities. These include communities of color, low-income residents, and communities already being harmed by pollution.
- Pollution reduction requirements for air pollution sources in communities overburdened by pollution. These are known as cumulatively impacted communities.
The new requirements apply to stationary sources of these air pollutants:
- Volatile organic compounds.
- Fine particulate matter.
- Nitrogen oxides.
- Benzene.
- Ethylbenzene.
- Toluene.
- Xylene.
Pollution sources covered by the rule must meet one or more of these requirements:
- Include an environmental justice summary in permit applications.
- Complete enhanced permit modeling.
- Conduct enhanced air monitoring.
- Use reasonably available control technology to reduce air pollution if in a cumulatively impacted community.
- Past public participation opportunities for the rulemaking process
The Air Pollution Control Division held several meetings in late 2022 as part of the rulemaking process. Feedback from these meetings helped inform the division’s disproportionately impacted community permitting rule proposal. The rulemaking process is complete as of May 2023.
Thursday, Dec. 19, 2022.
- Private community conversation in Commerce City, CO.
Thursday, Dec.8, 2022.
- Private community conversation in Pueblo, CO.
Friday, Dec.2, 2022.
- Private technical workshop.
Saturday, Oct.29, 2022.
- Public meeting.
- October 2022 meeting recording.
- October 2022 meeting presentation.
Thursday, Oct. 13, 2022.
- Private technical workshop.
Wednesday, Sept. 21, 2022.
- Public meeting.
- September 2022 meeting recording.
- September 2022 meeting presentation.
- Press releases
May 18, 2023: Enhanced protections adopted for communities disproportionately impacted by air pollution
January 24, 2023: Community feedback helps shape proposed air pollution protections for frontline communities
September 16, 2022: State welcomes community involvement in developing a plan to advance environmental justice