Guidance for small businesses

• Go to the Environmental Justice Report Tool for Air Quality Regulation 3 web page and open the Environmental Justice Report Tool. 
• Create and download an Environmental Justice Report for each census block group where the facility is located. 
  • Click the icon on the left side of the screen (shown below), then “+Add Location,” and select your location on the map, and “Next” to generate the Environmental Justice Report.

Figure 1. The “Generate EJ Report” tab will appear on the left side of the screen. After finding the facility location in step one, click on the large teal icon with the four white squares to proceed to the next step.

• Review the complete list of Environmental Justice form questions related to your source. Then, complete and submit the online form, including all required information. Attach your Environmental Justice Report to this form.
  • Note: Use your Environmental Justice Report generated in Step 1 above to identify whether your facility is located in a Disproportionately Impacted Community.
  • Note: There is no filing fee associated with submitting an Environmental Justice Summary.

• Once you complete steps 1-2 above, you will receive a confirmation number from the division confirming receipt of the Environmental Justice Summary form. 
• Note: The division must still verify the complete Environmental Justice Summary. You cannot move forward until you receive the additional information in Step 4 below.

• Once you complete steps 1-3 above, wait to receive a verification number and letter of concurrence from the division. The division generally sends this information within 14 days. 
• The Division-issued verification number confirms the division has verified  the applicant’s complete Environmental Justice Summary. 
• The letter of concurrence provides more information and also includes the verification number for future reference.

• Submit the verification number corresponding to the letter of concurrence, division-verified Environmental Justice Summary, and all supplemental information with your APEN.
  • Note: For sources applying for Title V permits, 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 web page. We encourage all facilities – particularly those that will be reclassified as Title V facilities – to submit the required Environmental Justice Summary as soon as possible.

For more information, visit the department’s Environmental Justice Report Tool for Air Quality Regulation 3 web page.

Permit applicants are encouraged to use the division’s new electronic submission process to submit Modeling Requirements Determination Form APCD-114. As a courtesy, the division will continue to accept the Modeling Requirements Determination Form APCD-114 (August 2024) as a PDF through Dec. 1, 2024. After that date, permittees must submit APCD Form 114 using the new electronic submission process.

If an applicant is unsure if modeling will be required to conduct a required National Ambient Air Quality Standards (NAAQS) analysis, use the new electronic submission process APCD-114 Form to obtain a decision prior to submitting a permit application or a Modeling Analysis to the Air Pollution Control Division. Please view the instructions for filling out the new electronic form in the online guidebook. Form instructions are provided in the Modeling Requirements Determination Form APCD-114 Instructions. Additional clarification can be found in the Permitting Section Addendum to the Modeling Guideline. Please see below for specific instructions based on the type of permit being submitted.

• If you are submitting an APEN for a construction permit or general permit within the new online submission tool, follow the below instructions on how to include the modeling determination as part of the APEN. The following APEN categories are currently available in the new online submission tool. Others will be added over time.
  • Crematory Operations.
  • Surface coating operations.
  • Crushers/screens.
  • Fuel service stations.
• Once a determination is made, the applicant will be provided documentation of the Permit Modeling Unit Determination by the division. The APCD-114 Form and Permit Modeling Unit Determination must be included in the permit application and will be part of the source or modification's permit application record. If a determination of "Modeling Required" is made, the applicant must submit a Modeling Analysis demonstrating compliance with the NAAQS with the permit application. If a determination of “Modeling Not Required” is made, the completed APCD-114 Form and Permit Modeling Unit Determination, which demonstrates NAAQS compliance, will be included as part of the source or modification’s permit application record and no further analysis will be required. 
• Once the Modeling Determination Form is submitted via the new electronic submission process, the applicant will be issued a Modeling Determination Number. While submitting the APEN, for any of the above listed categories, include the modeling determination number when asked for in the APEN. If the applicant believes that a modeling determination is not required for the project, mark that in the APEN instead of providing a modeling determination number. Attaching a copy of the completed Modeling Determination is not necessary, as the permit engineer will be able to find the Modeling Determination with the number provided.
• The applicant will receive an email once the Modeling Determination has been reviewed and approved by the Permit Modeling Unit. This email will include a link to download the completed Modeling Determination and will inform the applicant if modeling is required for the project. If a determination of "Modeling Required" is made, the applicant must submit a Modeling Analysis demonstrating compliance with the NAAQS with the permit application. If a determination of “Modeling Not Required” is made, no further analysis will be required.
• For all other types of applications that may require a modeling determination:
  • Once the Modeling Determination Form is submitted via the new electronic submission process and the Modeling Determination has been reviewed and approved by the Permit Modeling Unit, the applicant will receive an email. This email will include a link to download the completed Modeling Determination and will inform the applicant if modeling is required for the project. If a determination of "Modeling Required" is made, the applicant must submit a Modeling Analysis demonstrating compliance with the NAAQS with the permit application. If a determination of “Modeling Not Required” is made, the determination should be downloaded by the applicant and included as an attachment to the permit application. The completed APCD-114 Form and Permit Modeling Unit Determination, which demonstrates NAAQS compliance, will be included as part of the source or modification’s permit application record.

Send the completed APCD-114 Form to: cdphe_apcd_modelingdeterminations@state.co.us.

Note: There is no fee associated with the processing of APCD-114 Form.

Once you submit the APCD-114 Form and supplemental information, you will receive a Determination of Modeling from the Division’s Permit Modeling Unit within two weeks of submission. The process will take longer if all required information is not submitted. The determination from the Permit Modeling Unit will state whether modeling is required. You will include this Determination with your APEN submission. 

Note: If a “Determination of Modeling Required” is made, follow the division's Modeling Procedure Guidance. 

1. For Construction Permits: the model assessment may be submitted to the Permit Modeling Unit concurrently with the construction permit application.
2. For General Permits or Title V modifications: a model assessment must be submitted to the Permit Modeling Unit prior to submitting the General Permit or Title V modification, and a final Modeling Review Report completed by the unit must be submitted with the General Permit or Title V modification.

1. Identify the appropriate APEN(s) for your operation or equipment. If there is not a specific APEN type for your emission source, you may use the “General APEN” form.
   1. Oil & Gas APENS
   2. Non-Oil & Gas Industry APENS
   3. General APEN

Review and complete the application completeness checklist.

Note: This form 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. Your application will be rejected if it is filled out incorrectly, is missing information, missing required forms, or lacks payment for the filing fee. The Form APCD-100 and all applicable forms on that checklist are required with every application. The re-submittal will require a new filing fee. View the Application Rejection Frequently Asked Questions.

The following application types are exempted from the requirement to submit the Permit Application/Registration Checklist (Form APCD-100): 

• Air Pollutant Emission Notice (APEN) updates only (no changes to permit).
  • Renewal of 5-year APEN term.
  • Update to actual annual emissions, per Air Quality Control Commission (AQCC) Regulation 3, Part A, Section II.C.
• APEN exempt sources.
• Permit exempt sources.
• Administrative permit amendments (including but not necessarily limited to name changes, changes in contact information, transfers of ownership, and typographical error corrections).

Submit payment for your APEN(s). The current filing fee for each APEN is $242.00.

• To pay APEN filing fee(s) and General Permit fee(s) with a credit card, use the Air Pollution Control Division’s online payment portal. 
  • Please follow the instructions in the guidance document for online payment and electronic form submittal.
• Email your payment confirmation to cdphe_apcd_fiscal@state.co.us.
• You may alternatively mail your complete application and check payment to:
  • Colorado Department of Public Health & Environment, APCD-SS-B1, 4300 Cherry Creek Drive South, Denver, CO 80246-1530

Submit the APEN(s), all supplemental attachments (including Modeling Determination, maps, and final Modeling Review Report, if required), a cover letter (optional), and copy of your payment receipts to: cdphe_apcd_ssp_application@state.co.us.