Important note on initial Title V Permits
On November 7, 2022, any facilities within Colorado’s nine-county nonattainment area for ground-level ozone pollution standards that emit 25 tons per year (tpy) or more of nitrogen oxides (NOx) and volatile organic chemicals (VOCs) were reclassified as “major sources” of air pollution. These facilities must apply for an initial Title V permit on or before November 7, 2023.
Please note that all Title V forms, instructions, and guidance documents have been updated effective August 2023. For more information, please visit the Title V operating permits website.
Major sources may choose to reduce their potential to emit (PTE) to below major source thresholds by requesting limits in federally enforceable construction permit(s). These limiting permits are sometimes referred to as “synthetic minor” permits. If a facility became a major source in November 2022 and chooses to obtain a synthetic minor permit(s), that permit must be issued on or before November 7, 2023. If the synthetic minor permit is not issued by that date, the source must still submit an operating permit application on or before November 7, 2023. However, once the synthetic minor permits are issued, the source can request to withdraw the operating permit application if the Air Pollution Control Division has not yet issued the operating permit, or to cancel the operating permit if it has been issued. More information on application deadlines can be found here.
We encourage all facilities – particularly those that will be reclassified as Title V facilities – to submit the required EJ Summary as soon as possible. You should submit your EJ Summary now, even if you don’t plan to submit your Title V permit application until closer to the November 7, 2023 deadline. If a facility will submit both a synthetic minor permit application and a Title V permit application, the same EJ summary can be used for both applications provided the specifics of the permits are the same. Please clearly note this scenario in writing when submitting your EJ Summary, such as when you email your EJ Report to cdphe_apcd_ejreports@state.co.us.
If the permit application does not include a complete EJ Summary and corresponding letter of concurrence from the Air Pollution Control Division, it may be rejected as incomplete.
Update: Environmental Justice Summary Requirement for Air Quality Regulation 3
Starting July 15, 2023, all applicable permit applicants must submit an Environmental Justice Summary prior to submitting their permit application. The Air Pollution Control Division’s Environmental Justice Report Tool for Air Quality Regulation 3 is designed for permit applicants to use when implementing the Disproportionately Impacted (DI) Community Permitting Rule. The tool’s website has additional information including steps for submitting a complete environmental justice summary, user guide, FAQs, and more.
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.
Note: 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.
To apply for a new permit or modify an existing permit, follow these steps.
1. Download application completeness checklist.
2. Emissions Calculations Manual.
The APCD has published an Emissions Calculation Manual for Fixed Roof Storage Tanks (more source types coming soon) subject to APCD Oil and Gas permitting unit construction and general permits. The document is intended to serve as a companion to the Emissions Calculations & Regulatory Analysis Workbook (ECRAW) document provided by the Air Pollution Control Division (APCD) and provides valuable guidance on subjects as they relate to fixed roof storage tanks such as developing emission factors, conducting sampling, approved process simulators, calculation methods, and control device, combustion, and pilot light emissions to be used as a basis for construction permitting requirements in Regulation 3, Part B.
3. Emissions Calculations & Regulatory Analysis Workbook.
The APCD has developed a form to assist you in completing your emissions calculations and regulatory analysis, and closely reflects internal forms used for the same purpose. The use of this form is optional, and this form does not necessarily include all types of equipment or all possible regulatory scenarios. This form is updated periodically.
4. Complete Attachment A through J for your application.
Your APEN will be rejected if it is filled out incorrectly, is missing information, or lacks payment for the filing fee. The re-submittal will require a new filing fee. See our Application Rejection Frequently Asked Questions page for more information.
- A. APEN Fees
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You must pay the APEN fee for every APEN submitted. General Permits will require additional fees.
More information about our fee structure is on our Emissions and permitting fees page.
Fees may be paid by:
- Submitting a check with the mailed in application
- As of October 1, 2022, the Air Division no longer accepts Credit Card Authorizations through standard mail, email, or over the phone. If you need to pay APEN filing fee(s) and General Permit fee(s) with a credit card, you may use the Division’s online payment portal. If this is your first time using the payment portal, please follow the instructions in this guidance document.
- B. APENs - APCD Form Series 200.
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Include an APEN for each emissions point subject to APEN reporting requirements.
- C. Emission calculations and supporting documentation.
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Attachment C does not require a specific APCD form. This part of your application must contain enough documentation for the permit engineer to check your calculations. The optional Emissions Calculation & Regulatory Analysis Workbook may be used to show emissions calculations.
- D. Company contact information - Form APCD-101.
- E. Environmental Justice Summary
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All applicable permit applicants must submit an Environmental Justice Summary prior to submitting their permit application. The Air Pollution Control Division’s Environmental Justice Report Tool for Air Quality Regulation 3 is designed for permit applicants to use when implementing the Disproportionately Impacted (DI) Community Permitting Rule. The tool’s website has additional information including steps for submitting a complete environmental justice summary, user guide, FAQs, and more.
- F. Ambient air impact analysis.
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An ambient air impact analysis is required if emission increases requested in your application are above the modeling thresholds in the Colorado Modeling Guideline for Air Quality Permits. An ambient air impact analysis is not required for sources that emit only VOCs and no other criteria pollutants.
- G. Facility emissions inventory - Form APCD-102.
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Include all existing, portable, and newly-requested emission points at your facility. This form isn't needed if your facility has only one emission point.
- H. Process description, flow diagram, and plot plan of emissions unit and/or facility.
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Attachment G does not require a specific APCD form. You can represent this in a written or graphical format or both, as appropriate. This attachment is not needed if your facility has only one emissions point.
- I. Operating and maintenance (O&M) plan - APCD Form Series 300.
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The Operating & Maintenance Plan forms page has additional guidance and links to all templates available for download. O&M plans are required for each source with emission controls at a synthetic minor or major stationary source. They are not required if a source is covered by a General Permit or if the source is at a true minor facility.
- J. Regulatory analysis.
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You may opt for us to complete the regulatory analysis. Submitting a regulatory analysis along with the permit application may speed up the issuance of the permit.
Download an example of regulatory analysis.The optional Emissions Calculation & Regulatory Analysis Workbook may be used to assist in completing the regulatory analysis.
5. Mail your complete application to:
Colorado Department of Public Health & Environment
APCD-SS-B1
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Fees may be paid by:
- Submitting a check with the mailed in application
- As of October 1, 2022, the Air Division no longer accepts Credit Card Authorizations through standard mail, email, or over the phone. If you need to pay APEN filing fee(s) and General Permit fee(s) with a credit card, you may use the Division’s online payment portal. If this is your first time using the payment portal, please follow the instructions in this guidance document.
Equipment-specific forms and guidance
- Amine sweetening units
- Diesel engines
- Fugitive component leaks
- Natural gas venting
- Glycol dehydrators
- Hydrocarbon loadout
- Natural gas engines
- Storage tanks: condensate/crude oil/produced water
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