New Environmental Justice Report Tool for Air Quality Regulation 3

The Environmental Justice (EJ) Report Tool for Air Quality Regulation 3 is designed for air pollution permit applicants to use when implementing the Disproportionately Impacted (DI) Community Permitting Rule adopted by the Air Quality Control Commission in May 2023.

Starting July 15, 2023, all applicable permit applicants must submit an Environmental Justice Summary (EJ Summary) prior to submitting their permit application. Disproportionately impacted communities generally have more environmental pollution exposure and may experience higher levels of environmental health harm. Many of these communities are home to people of color and low-income families. The EJ Summaries must cover environmental health data about the community where the air pollution source operates.

Using the EJ Report Tool for Regulation 3

The Environmental Justice Reporting Tool for Air Quality Regulation 3 automatically generates an Environmental Justice Report (EJ Report) that includes most of the information needed for the summary. The tool can provide information on:

• Whether a facility is located in a disproportionately impacted community.
• The Colorado EnviroScreen score and environmental, health, and sociodemographic data for the census block group where a facility is located.

The tool’s user guide and how-to video explains how to use it. Frequently asked questions are also available.

The guidance document “Air Pollution Control Division Guidance for Incorporating Environmental Justice into Permitting” provides detailed instructions for how to submit the EJ Report as part of a complete Environmental Justice Summary as required by Regulation 3.

Generating Required Aerial or Satellite Image

A complete Environmental Justice Summary includes an aerial or satellite image of the facility. 

To generate this required image:

There are a variety of free, online tools that can generate the required aerial or satellite image. One option is Google Maps.  

To obtain a satellite or aerial image via Google Maps, navigate to maps.google.com, then follow these steps:

1. In the search bar in the top left corner, enter the facility address and hit “enter” or click the “search/directions button.”
2. Once you have confirmed the facility location, change the base map from a “street map view” to a “satellite view.” To do so, click on the inset box that says “Layers” in the lower left corner of the map.
3. The map should automatically switch to “satellite view.” If it does not, click on the satellite layer from the menu that appears when clicking on the “Layers” box in the lower left corner of the map.
4. Once the “satellite view” is displayed, zoom out slightly using the “+/-” button in the lower right corner of the map.
5. To ensure the map displays a 1-mile radius from the facility, right click on the facility location. A menu will appear on your cursor. Select “measure distance” at the bottom of the menu. Right click any location on the map and select “distance to here” on the menu that appears. The map will display a line with two endpoints: one at the facility location and a second at the location just selected. The distance measured will appear at this second endpoint. Adjust the distance by clicking and dragging the second endpoint until the measurement displays approximately 1 mile. You can zoom in or out on the map as necessary - this will not change the location of your endpoints. If you need to clear your measurements or start over, right click anywhere on the map and select “clear measurement” on the menu that appears.
6. Once you’ve identified the facility and measured the 1-mile radius, you can save the image multiple ways. 
   • PC users: Use the “print screen” function on your keyboard to capture a screenshot of the map or use the “snipping tool” function on your computer.
   • Mac users: Use the “screenshot” tool or press “command+shift+3” to take a screenshot. Windows users can press “ctrl+p” and Mac users can press “command+p” to print the map. When the print menu appears, select “save as PDF.” This downloads a PDF file of the map that can then be emailed.

To submit this required image: Email the image as an attachment to cdphe_apcd_ejreports@state.co.us with “EJ Summary” and the facility name in the subject line.

Community Engagement and Outreach Considerations

Community engagement is encouraged but not currently mandated in Air Quality Regulation 3. For tips on how to conduct effective outreach, visit CDPHE’s community engagement, outreach, and public participation best practices website. Additional information on community engagement considerations for Air Quality Regulation 3 is available in these FAQs. 

Please provide documentation as an email attachment for any community engagement efforts conducted when you submit the Environmental Justice Summary and/or permit application.

If you have questions or would like to discuss specific community engagement efforts that your facility could conduct for a particular permit and community, email cdphe_apcd_ejreports@state.co.us with the facility name in the subject line.

Submitting the Environmental Justice Summary

The process for submitting a complete Environmental Justice Summary involves two steps:

1. All required attachments, including the EJ Report, must be submitted to cdphe_apcd_ejreports@state.co.us with “EJ Summary” and the facility name in the subject line.
2. The supplemental EJ Summary information must be submitted using the Air Pollution Control Division’s online form. A complete list of all the questions included in the online form is available here so you can compile all required information before submitting the form.

Both steps above must be completed to submit a complete EJ Summary as required by Regulation 3.

Next Steps and Timelines

Once the full EJ Summary materials are received, they will be reviewed by the Air Pollution Control Division’s EJ Permitting Specialist. Once reviewed, the EJ Permitting Specialist will send the facility a letter of concurrence confirming the EJ Summary was received and approved. The division works to process EJ Summary submissions as quickly as possible and generally completes this process within 5-10 business days.

Modeling Requirements Determination

If a modeling determination (form APCD-114) is required for the emission source, you should submit your modeling determination request at the same time you submit the Environmental Justice Summary by following the instructions on form APCD-114. If you are unsure whether a modeling determination is required for this emission source, please consult the Air Pollution Control Division’s Air Quality Modeling Guidance for Permits website.

Questions?

Email cdphe_apcd_ejreports@state.co.us with “EJ Summary” and the facility name in the subject line.

Small businesses can contact the Air Pollution Control Division’s Small Business Assistance Program for assistance: cdphe_apcd_sbap@state.co.us.