Colorado incorporated the EPA’s Tailoring Rule revisions into Air Quality Control Commission (AQCC) Regulation No. 3 on October 21, 2010. Effective January 2, 2011, GHG became subject to regulation for PSD “anyway” stationary sources. Beginning July 1, 2011, any stationary source with the potential to emit greater than 100,000 tpy CO2e and 100 tpy GHG may be required to obtain a Title V Operating permit and/or a PSD preconstruction permit.
Sources with a Title V permit application received by the Division prior to July 1, 2011 should supplement the application with the facility’s GHG major status (i.e. whether or not the facility’s GHG potential to emit is at or above 100,000 tpy CO2e and 100 tpy GHG). Sources submitting Title V permit applications after July 1, 2011 should identify the GHG major status as part of the application materials. A permitting engineer may request additional GHG information as part of the permit application review.
Note that there are currently no requirements for sources to submit Air Pollution Emission Notices (APENs), obtain construction permits, or pay annual fees due solely to their GHG emissions, unless a source is voluntarily requesting a synthetic minor construction permit for GHG. Other APEN and permitting requirements may apply for non GHG pollutants, including criteria pollutants and hazardous air pollutants.
For additional information on how this may affect your business, please refer to the following links:
Guidance and Fact Sheets