Disproportionately impacted community permitting rule
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Overview
In May 2023, the Air Quality Control Commission adopted updates to Regulation 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.
On May 16, 2024, the Air Quality Control Commission updated Regulation 3. These revisions include:
- Clarifying and enhancing permitting rules about environmental justice summaries and disproportionately impacted community air monitoring.
- Directing fees collected for the disproportionately impacted community monitoring program from the Air Quality Enterprise to the Air Pollution Control Division via the stationary source fund.
- Removing emergency affirmative defense provisions from Part C for Title V Operating Permits to correspond with revisions to federal regulations.
- Other clarifying and correcting revisions.
Source-specific air monitoring requirements
Starting July 15, 2024 air pollution sources located in disproportionately impacted communities may be subject to new source-specific air monitoring requirements. Requirement applicability will be determined based on the permit application received.
These new requirements stem from May 2023 and 2024 updates to Regulation 3.
The Air Pollution Control Division’s Guidelines for Disproportionately Impacted Community Source-Specific Monitoring Requirements provides detailed information about:
- Source-specific monitoring requirements.
- How to develop a monitoring plan.
Source-specific air monitoring requirement applicability and the timeline for monitoring plan submission and implementation depend on:
- The type of permit application submitted.
- The specific project that will be permitted.
- Whether or not the facility is located in a disproportionately impacted community.
If you’re required to design and implement a source-specific monitoring plan, the division will work with you during the plan development process. You’re encouraged to begin developing your monitoring plan as soon as possible to ensure sufficient time for development, review, and approval. For more information, read the division’s Guidelines for Disproportionately Impacted Community Source-Specific Monitoring Requirements.
Monitoring fees
Starting October 15, 2024, air pollution sources located in disproportionately impacted communities may be subject to community air monitoring fees. Requirement applicability will be determined based on the permit applications received.
These new requirements stem from May 2023 and 2024 updates to Regulation 3.
Applicability of new air monitoring requirements
To determine if these enhanced air monitoring requirements may apply to your facility:
- Use the Environmental Justice Report Tool for Air Quality Regulation 3 to determine whether the facility is located in a disproportionately impacted community.
- If the facility is located in a disproportionately impacted community, the Environmental Justice Report will clarify whether the facility is located in either a cumulatively impacted community or a socioeconomically vulnerable community.
- More information about the definition of a cumulatively impacted community or a socioeconomically vulnerable community is available in the division’s Guidance for Incorporating Environmental Justice into Permitting.
If your facility is located in a cumulatively impacted community:
- New enhanced source-specific air monitoring requirements may apply.
- Other air monitoring requirements may still apply.
If your facility is located in a socioeconomically vulnerable community:
- A new community air monitoring fee may apply.
- Other air monitoring requirements may still apply.
If your facility is not located in a disproportionately impacted community:
- The new source-specific air monitoring requirements do not apply.
- The new community air monitoring fee does not apply.
- Other air monitoring requirements may still apply.
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.
Reminder: The Permit Application/Registration Checklist Form APCD-100 is required for all permit applications unless you use the new online submission tool to submit your full application for one of the listed emissions source types. More information is available on the division’s APENs and air permits web page.
In 2024, the Air Pollution Control Division provided updates during public meetings about proposed changes to Air Quality Regulation 3. The proposed changes included updates to Colorado’s disproportionately impacted community permitting rule.
- Wednesday, Jan. 10, 2024.
- Tuesday, Feb. 6, 2024.
- Saturday, May 11, 2024.
The air division hosted public meetings in 2022 as part of the rulemaking process. Feedback from these meetings helped inform the division’s disproportionately impacted community permitting rule proposal in 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.
- Recording | Presentation
Thursday, Oct. 13, 2022.
- Private technical workshop.
Wednesday, Sept. 21, 2022.
- Public meeting.
- Recording | Presentation
Subject matter expert panel
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 supported development of an air monitoring guidance document. The guidance will serve as a resource for pollution sources that must conduct enhanced air monitoring.
During monthly meetings from fall 2023 to spring 2024, the panel discussed technical recommendations for enhanced air monitoring, including:
- 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 helped facilitate the panel’s monthly meetings. The division considered the panel’s findings, recommendations, and best practices for air quality monitoring and incorporated them into a guidance document.
The division is grateful for the panelists and their diverse air quality monitoring expertise. This panel helped ensure balanced and comprehensive recommendations for the air monitoring guidance. All panelists graciously volunteered their time.
The division hosted subject matter expert panel technical meetings from November 2023 through July 2024.
Monday, July 1, 2024.
Monday, May 20, 2024,
Monday, April 22, 2024,
Monday, March 25, 2024.
Monday, Feb. 26, 2024.
Monday, Jan. 22, 2024.
Monday, Dec. 18, 2023.
Monday, Nov. 27, 2023.
The division hosted two public informational sessions in 2024. During these meetings, the division helped explain the subject matter expert panel’s progress and decisions, provided opportunities for public comment, and answered questions.
Tuesday, Feb. 6, 2024
Tuesday, May 21, 2024
Panel members included:
- Tim Dye, TD Environmental Services
- Austin Heitmann, Montrose
- Brendan Lawlor, Denver Department of Public Health and Environment
- Kate Hoag, Bay Area Air Quality Management District
- Cassie Archuleta, City of Fort Collins
- Shelly Miller, University of Colorado Boulder
- Jamie Valdez, Mothers Out Front
- Michael Ogletree, Air Pollution Control Division, Colorado Department of Public Health and Environment
Press releases
November 7, 2023: State health department announces diverse technical panel to support development of new, enhanced air monitoring guidance
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
Contact us
Questions? Email cdphe_apcd_dicmonitoring@state.co.us and cdphe.commentsapcd@state.co.us with “Source-specific Air Monitoring Requirements” and the facility name in the subject line.