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Air Permit Public Notices

Help in your language: Some documents are currently only available in English. To request assistance in Spanish or another language, email cdphe_apcd_outreach@state.co.us. Please include the topic and “language assistance” in the subject line. Please also link to the specific document or information you’d like to access.

Ayuda en el idioma de su preferencia: algunos documentos solo están disponibles en inglés por el momento. Si desea solicitar asistencia en español o en otro idioma, envíe un correo electrónico a cdphe_apcd_outreach@state.co.us. Indique el tema y la frase “language assistance” (asistencia en otro idioma) como asunto de su mensaje. Incluya también un enlace a la información o documento que desea consultar.

For questions or assistance related to the Environmental Justice Report Tool for Air Quality Regulation 3, please email cdphe_apcd_ejreports@state.co.us with “EJ Summary” and the facility name in the subject line.

Current Permit Public Notices

During a public notice period, we post the public notice, draft permit, and any calculations/analysis documents on this page, and request written comments from the public. 

NOTE: Comments submitted to the division will be uploaded to an online document repository and will be accessible to the public. Your comments and the division's responses are not considered confidential and will be publicly accessible, including your name, email address, phone, address and any other personal information you provide in your comments. 

If you would like to submit a public comment, please first review our Public Participation Guidance. If you have any questions, general comments, or would like to send us additional information, contact us at cdphe_apcd_airpermitcomments@state.co.us

 

Types of Permits Subject to Public Notice

Construction permits require public notice for reasons listed in Regulation Number 3, Part B, Section III.C. The most common reasons are: New emission limits and/or limit increases in the draft permit trigger the requirement for public comment (25 tons per year in a nonattainment area or 50 tons per year in an attainment area.

  • The source could possibly emit odor above the limits found in the Air Quality Control Commission Regulation Number 2.
  • The source emits hazardous air pollutants at a level that requires them to follow the National Emissions Standards for Hazardous Air Pollutants (NESHAPS).
  • The source is requesting a federally enforceable limit on potential emissions in order to keep yearly emissions low enough to not trigger other regulatory requirements. 
  • The division decides that public comment is warranted. This decision may be based on the length of time of the operation, its location, the type and projected amount of emissions, the likelihood of public concern, or other relevant factors. 

If all emission standards and ambient air quality standards are met, we will grant an Initial Approval permit. The Initial Approval permit allows the source to construct and start operation. The source must start construction within 18 months from the date of issuance or the permit can automatically expire. 

Draft operating permits are published on our website and comments are requested for the following permit types:

  • Significant modifications
  • Initial permits
  • Renewal permits and re-openings

All preconstruction permits that include Prevention of Significant Deterioration (PSD) and/or Nonattainment New Source Review Requirements (NANSR) are published on the division's website and comments from the public are requested. 

Public Notice Period: December 17th - January 16th

Public Notice Period: December 10th - January 9th

Division Response to Public Comments

CEMEX Construction Materials South, LLC – Lyons Cement Plant – Boulder County

The Division reviewed comments received during the public notice period for CEMEX’s Lyons Cement Plant. Responses to comments can be found here. Note that public comments received during the public comment period follow the comment responses.

The Division sent the revised proposed permit and technical review document (TRD) to EPA on November 25, 2024. EPA’s 45-day review period begins on November 26, 2024 and ends on January 10, 2025. The revised proposed permit and TRD can be found here. Changes made to the permit following the public comment period are discussed in the TRD beginning on page 50.

The division's responses to comments on previous permitting actions can be accessed from the electronic records depository. Search Records