On this page: Overview | Applicability | Additional resources | Contact us
Please note: If you would like to request a Spanish interpretation, please email cdphe_apcd_outreach@state.co.us and indicate “Suncor refinery translation request” as the subject of your message.
Tenga en cuenta: Si desea solicitar interpretación al español, envíe un mensaje por correo electrónico a cdphe_apcd_outreach@state.co.us e indique “Suncor refinery translation request” como asunto de su mensaje.
Overview
The 1990 federal Clean Air Act Amendments created the Title V section. It contains the operating permit program, which applies to specific stationary sources of air pollution.
Facilities that need Title V operating permits may be subject to several requirements related to air quality. These may include, but are not limited to:
- Construction permit requirements.
- State regulations.
- Federal regulations.
- Consent decrees.
Title V permits make air quality requirements more easily enforceable by collecting all that apply to a source in one document. The CDPHE Air Pollution Control Division’s Title V permits detail exactly how each legal requirement applies to each individual emission point or piece of equipment at a source. Title V operating permits must include sufficient monitoring, recordkeeping, and reporting requirements to establish the source’s compliance with all requirements.
The division follows several steps to ensure it issues legally strong Title permits. The steps include:
- Draft a new or renewed Title V permit.
- Make the draft Title V permit available for public feedback for at least 30 days and, if requested, hold public hearings with the Colorado Air Quality Control Commission.
- Respond to comments received on draft Title V permits.
- Submit the draft Title V permit, all comments, and all division responses to the U.S. Environmental
- Protection Agency for a 45-day review period.
- Issue Title V permits after the federal review is complete.
Title V facilities must apply to renew their operating permits every five years. As long as a source submits a complete renewal application on time, its existing Title V permit remains in full effect until the division completes the renewal. The division can continue to enforce a source’s existing Title V permit as needed while working on the renewal. Each initial and renewed operating permit, as well as significant modifications, are subject to public comment requirements and an opportunity for a hearing.
The division is required by law to recover the costs of the operating permit program by charging applicants a processing fee. For more information, visit the division’s emissions and permitting fees web page.
Applicability
Sources that meet the definition of Major Source in Colorado Regulation No. 3, Part A, Section I.B.25 are subject to the Title V operating permit program. The following stationary sources are major:
- Sources that directly emit, or have the potential to emit, 10 tons per year or more of any single hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants.
- Sources that directly emit, or have the potential to emit, 100 tons per year or more of any pollutant subject to regulation.
- Sources subject to the federal Acid Rain Program.
- Sources subject to specific New Source Performance Standards under Colorado Air Quality Control Commission Regulation No. 6. For example, landfills are subject to Subpart WWW.
- Sources subject to National Emission Standards for Hazardous Air Pollutants.
- Sources that meet the definition of Major Stationary Source in Colorado Air Quality Control Commission Regulation No. 3, Part D, Section II.A.25.
In the Denver Metro/North Front Range area of Colorado, the major stationary source thresholds are lower. A source in that area that emits or has the potential to emit 25 tons per year or more of nitrogen oxides or 25 tons per year or more of volatile organic compounds is a major stationary source and subject to the Title V operating permit program. This is because those air pollutants may create ozone pollution when mixed with sunlight and heat, and the area does not meet federal health-based standards for ozone pollution.
Additional resources
- Permitting Section Memo 22-01 includes information on the severe reclassification of the Denver Metro/North Front Range ozone nonattainment area.
- Permitting Section Memo 20-01 includes information on the serious reclassification of the Denver Metro/North Front Range ozone nonattainment area.
- Permitting Section Memo 09-01 includes information on operating permit due dates.
Contact us
Questions? Email the CDPHE Air Pollution Control Division at cdphe.commentsapcd@state.co.us.