Title V operating permits

As of April 2023, The Division is no longer requiring hardcopy submittals of the Title V application forms. Applications should instead be submitted to Title V email address cdphe_apcd_title_v@state.co.us. 

• PDF: A single pdf file that represents the complete application, including signatures. The signatures may be digital or scanned ink signatures.
  • DO
    • Include all necessary forms and submit word version copies in addition to the complete pdf
    • Include the cover page, if you are submitting one; or alternatively use the space provided in OP-50 to explain the basis for the application
    • Include all calculation sheets, diagrams, maps, supplemental narrative, or any other pages that you consider part of the application, in addition to forms.
  • DO NOT
    • Include copies of checks or payment receipts (these can be attached as separate documents to the email). Note there is no filing fee for Title V applications, and no payment is required unless the submittal also includes a new/revised APEN.
    • Submit a hardcopy application after April 2023
    • Include copies of APENs previously submitted to the division. APENS are only needed if you are requesting to add new equipment or modify existing equipment.
    • Mark pages as “Trade Secret,” “Confidential Business Information” etc. unless the information meets the Division-specific definitions of Confidential Business Information. You will be required to submit both redacted and unredacted versions. Contact the Title V unit for questions on CBI.
• Word Versions: The forms also must be submitted individually in word format (either .doc or .docx)

• Attach all documents in an email to cdphe_apcd_title_v@state.co.us
• It is suggested that the permittee place multiple files in a compressed zip file before attaching to the email, using optimize/enhance tools in Adobe to reduce size of pdf files, or sending multiple emails if there are problems with file sizes.
• It is helpful if you note the type of submittal in the subject line or body of your email (e.g., Initial Application, Renewal Application, Minor Mod Application, Application Supplement, etc.)

No. The division is no longer accepting applications using antiquated forms. Please ensure you have checked the Operating Permit Forms section for the most up to date version of the forms before submitting your application.

• The document will open in a “read-only” format when opened from the website. Under the “View” tab on the top ribbon, select the “edit document” option. The content controls are now able to be edited.

• The documents are “locked” to protect inadvertent deletions. While the documents are locked, data entry into content controls are the only things that can be edited in the forms.

• Click on the content control to modify the content
• The applicant may use the up and down arrow keys or “tab” button to move through the content controls to fill out the form
• The boxes will move and re-size automatically to accommodate the text in the content controls. If the applicant finds that a box has become distorted as seen below, add spaces in the text and the box will re-size. See example below:

Stretched-out Box

Putting Spaces in Name

• AIRS ID: On some of the forms, the AIRS ID is listed in the top right corner and in the footer of the forms. Once the applicant fills out the AIRS ID in the top right of the first page, the AIRS ID in the footer will update when the document is saved, closed, and reopened, or if “print preview” is enabled.
• Creating Paragraphs/Line Breaks Within Content Controls: Pressing “Shift+Enter” inserts a new line
  inside a content control box.
• Repeating Content Controls: Several sections (listing pollutants, control device table, etc.) have the option to use the  button to re-create another section. Click the table or row and hover over the bottom right corner until the plus symbol appears. Clicking it will add additional rows and/or tables with content controls. The individual instruction documents for the forms will note when the  is available to use. In the event that the plus symbol does not appear or is not working, the applicant may attach
  pages with the additional information.

• When entering dates into the forms, please use the format MM/DD/YYYY (numbers only) for ease of use by the Division. Where a date is not specifically known, enter an approximate date and include a note regarding the approximation, where appropriate.
• If you have any questions which are not addressed in this document, contact your permit engineer. If the facility has not yet been assigned an engineer, please reach out to the Operating Permit Unit Manager at cdphe_apcd_title_V@state.co.us or (303) 692-3100.

• The Division is requiring one electronic copy submittal emailed to the Air Pollution Control Division to cdphe_apcd_title_V@state.co.us. The date received by the Division will be the date the complete electronic submittal is received with signatures as stated in (1) below. The submittal must contain the following:
• The source must submit a complete PDF copy of the full application including all signature pages which shall contain either digital signatures or a scanned ink signature.
• Forms must also be submitted individually in word format (either .doc or .docx)
• The Division suggests saving the Forms with the following naming conventions:
  • OP-301 S004.docx (using facility identifier)
  • OP-311 AIRS 001.docx (using AIRS ID)
  • Emission Calculations S001.pdf (for any attachments)
    • Attachments are welcome to be submitted in any format
  • OP-201 Minor Modification S001

• The date received by the Division will be the date the complete and signed digital copy is received in the Title V email box

In addition to the guidance below, please also refer to our Electronic Reporting Policy for more information.

• “MACT” refers to Maximum Achievable Control Technology (also known as NESHAP - National Emission Standards for Hazardous Air Pollutants) requirements in 40 CFR Part 63
• “NSPS” refers to New Source Performance Standards requirements in 40 CFR Part 60

Title V Reports

Send the following reports to the Division at cdphe_apcdreports@state.co.us. The reports should be in .pdf format and should include the appropriate digital signature or scanned ink signature. Do not send duplicate hard-copy reports to the Division.

• Semiannual Monitoring and Permit Deviation Reports (SARs)
• Annual Compliance Certification Reports (ACCs)

Landfill Reports

Send the following landfill reports to the Division at cdphe_apcdreports@state.co.us. Do not send duplicate hard-copy reports to the Division.

• NSPS Cf (NMOC) reports
• MACT AAAA (NESHAP) reports
• NSPS XXX and XXX liquid addition reports
• Initial and updated Gas Collection and Control System Design Plans (GCCS)
• Initial and updated Design Capacity Reports
  • Updated Design Capacity Reports that require submission with an APEN should come to this email address separate from the APEN
  • Submit the APEN to the Division by hard copy
• Corrective Action Timeline Requests/Alternative Timeline Requests
• Landfill Tier 2 and 3 reports should be sent to the Compliance Testing email, as noted below. Landfill Tier 4 reports should be sent to EPA Region 8.

Compliance Testing Protocols and Reports

Send the following reports to cdphe_apcd_compliancetesting@state.co.us. Do not submit hard copies of these reports to the Division.

• Excess Emission Reports (EERs)
• Stack test and CEMS Performance Evaluations protocols
• Stack test and CEMS Performance Evaluation reports
• CEMS monitor certification/recertification documents
• Landfill Tier 2 and 3 Protocols and Test Reports

MACT and NSPS Reports

Send the following MACT/NSPS reports to CEDRI/CDX, following the procedures specified. Do not submit hard copies and do not email a copy of these reports to the Division (the Division will be notified separately through CEDRI/CDX that the reports were submitted). 

• 40 CFR Part 63, Subpart DDDDD (Industrial, Commercial, and Institutional Boilers and Process Heaters at Major Sources)
• 40 CFR Part 63, Subpart EEEEEEE (Gold mine processing and production, at area sources)
• 40 CFR Part 63, Subpart JJJJJJ (Industrial, Commercial, and Institutional Boilers at area sources)
• 40 CFR Part 63, Subpart LLL (Portland Cement Manufacturing Industry)
• 40 CFR Part 63, Subpart UUU (Petroleum Refineries)
• 40 CFR Part 63, Subpart UUUUU (Coal and Oil-Fired Electric Utility Steam Generating Units)
• 40 CFR Part 63, Subpart ZZZZ (Reciprocating Internal Combustion Engines)
• 40 CFR Part 60, Subparts OOOO and OOOOa (Crude Oil and Natural Gas Facilities); please also see the Regulation No. 7 guidance below
  • Annual OOOO and OOOOa reports may also be submitted to cdphe.nspsoooo@state.co.us

Send all other MACT and NSPS reports not specified above to the Division at cdphe_apcdreports@state.co.us.

Other Reports

• To submit reports required by Colorado Regulation No. 7, please see guidance here.
• Mercury reports should be submitted to cdphe_apcd_compliancetesting@state.co.us.

At this time, the Division is allowing the electronic reporting specified in the "Where and how do I submit reports?" question above to meet the requirements for report submittals in issued operating permits.

Send forms OP-50 and OP-100 to cdphe_apcd_title_v@state.co.us. You must check Box 5.A, but do not need to check any of the options in Box 5.B or 5.C. No hardcopy submittal is required.

Yes. Send a responsible official notification, as specified in the "How do I change the Responsible Official" question. Attach a cover letter specifying the authorized representative.

Submit forms OP-50 and OP-100 as noted in the "How do I change the Responsible Official" question.

Please consult the flowchart below to determine which type of permit action your requested change qualifies as.

In many cases, the ability of the Division to enforce on a Title V facility for operating without an operating permit comes down to whether a facility has received the application shield for their current operating permit application. Per Colorado Regulation No. 3, Part C, Section II.B.: “A timely and complete application for an operating permit under the provisions of this Part C shall operate as a defense to an enforcement action for the source’s failure to have an operating permit until the Division or the Commission makes a final determination on the permit application”. As such, facilities that have been granted the application shield are not subject to enforcement action for operating without an operating permit until a final determination is made.

In the case of renewal applications, also note that, per Colorado Regulation No. 3, Part C, Section II.B., “Permit expiration terminates the source’s right to operate unless a timely and complete renewal application has been submitted to the Division.” Therefore, while permit expiration does carry the penalty of a loss of right to operate, such penalty only occurs when a timely and complete renewal application has not been received.

The requirements for a permit to be considered timely is dependent both on the type of application submitted as well as the circumstances that led to an operating permit application becoming necessary.

Initial Applications

The regulatory requirements for the timeliness of an initial application are defined in Colorado Regulation No. 3, Part C, Section III.B.2 which requires “Each source required to obtain an operating permit pursuant to Section III. of this Part C, for the first time, shall submit an application for such a permit no later than twelve months after the source becomes subject to the operating permit requirement.”

The date that triggers the twelve month window depends on what caused the facility to become subject to the operating permit program.

New legal requirements

Per Colorado Regulation No. 3, Part C, Section III.B.2.: “A source that becomes subject to the operating permit program by operation of law, such as the adoption of new legal requirements, shall submit an application for an operating permit within twelve months of the effective date of such new legal requirements unless otherwise specified by the requirements.”

A new source or existing source modification

Per Colorado Regulation No. 3, Part C, Section III.B.2.: “A new source or an existing source that modifies in a way that renders it newly subject to the operating permit requirements, shall submit a complete application for an operating permit within twelve months of commencing operation, except as otherwise provided herein.”

Renewal Applications

The regulatory requirements for the timeliness of a renewal application are defined in Colorado Regulation No. 3, Part C, Section III.B.6 which states “Each source subject to an operating permit shall submit an application for renewal of the operating permit at least twelve months, but not more than eighteen months, prior to the expiration of the operating permit.” 

Construction Permit Modifications to a Title V Facility

Per Colorado Regulation No. 3, Part C, Section III.B.2.: “Modifications made to a source with an operating permit, through a permit issued under Part B of this regulation shall apply for a modification to their operating permit within twelve months of startup”.

Supplemental information requests (Applicable to all Title V applications)

In addition to timeliness requirements for the submission of the applications, the permittee also has timeliness requirements for responding to supplemental information requests from the Division pertaining to their application. This requirement is described in Colorado Regulation No. 3, Part C, Section IV.D which states “If, after an application is deemed complete, the Division determines that additional information is necessary to evaluate or take final action on an application, the Division shall request necessary information in writing and set a reasonable deadline for response. Additional information submitted within the deadline will be evaluated by the Division. If the applicant fails to provide the requested information or does not meet the deadline, the source's ability to operate without a permit shall terminate on the date of the deadline as provided in Section II.B. of this Part C.” 

In summary, a failure to respond to an information request within the Division’s specified deadline can result in the loss of a previously obtained application shield. For additional guidance on Title V application due dates, please refer to PS Memo 09-01.

Per Colorado Regulation No. 3, Part C, Section IV.B.2., “An application shall be deemed to be complete when it contains the information required by Sections III.B., III.C., and III.D. of this Part C in sufficient detail for the Division to evaluate the subject source and the permit application, to determine all applicable requirements and to calculate all applicable fees.”

Additionally, note that per Colorado Regulation No.3, Part C, Section IV.B.1., “Within sixty calendar days after the receipt of an application or any supplemental information requested by the Division, the Division will give notice to the applicant if and in what respect the application is incomplete. If the Division fails to notify an applicant that the application is incomplete within sixty calendar days of receipt of the original application or receipt of the requested supplemental information, the application shall be deemed to have been complete as of the day of receipt by the Division of the application or the last submitted supplemental information, whichever is later, for the purposes specified in Section II.B. of this Part C (concerning the application shield).” This means that the Division has 60 days after the receipt of an application to make a completeness determination. Should the division fail to notify the applicant that their application is incomplete within those 60 days, the application is deemed to be complete as of the day of receipt.

As a note, to ensure that all necessary forms are included in your application, please consult the Operating Permit Form Applicability Matrix to ensure that all requisite documentation is present. Additionally, make sure that all forms required for the application are listed in Table 4 of form OP-50.

Generally speaking, facilities maintain the same permit requirements they already have when they are granted the application shield, although the mechanism for this is different depending on whether the facility has submitted an initial application or a renewal application.

Initial Application

Per Colorado Regulation No. 3, Part C, Section II.A.2.: “Any construction permit that has been issued pursuant to Regulation Number 3, Part B, with respect to a source that is subject to the operating permit requirements of this Part C, shall continue in full force and effect until such time as the operating permit is issued for such source, if the source has filed a timely and complete operating permit application.” Therefore, during the application waiting period, the facility with the application shield is subject to any enforceable requirements from its construction permits while the operating permit is under review.

Additionally, the facility is also subject to all regulatory requirements that are implemented after the issuance of applicable construction permits. Per Colorado Regulation No. 3, Part B, Section III.D.1.g., “Permit approval shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the state implementation plan and any other requirements under local, state, or federal law.” Therefore, obtaining a construction permit does not exempt the permittee from any new requirements a facility may become subject to.

Renewal Application

Per Colorado Regulation No. 3, Part C, Section IV.C, “If a timely and complete application is filed, but the Division fails to issue or deny a renewal operating permit prior to expiration of the operating permit for which a source is seeking renewal, the previously issued operating permit, and all of its terms and conditions, shall not expire until the renewal operating permit is issued and any previously extended permit shield continues in full force and operation.” Therefore, the facility will remain subject to all of the requirements from the previous issuance of the operating permit.

In addition to the requirements in the permit, Colorado Regulation No. 3, Part C, Section I.A.4. indicate “The permit shield does not apply to terms and conditions that become applicable to the source subsequent to permit issuance.” This is relevant as, per Colorado Regulation No. 3, Part C, Section I.A.4., the role of the permit shield is defined as follows: “Where a source operates in compliance with all operating permit terms and conditions, the source shall be deemed in compliance with the state and Federal Acts where the permit includes all applicable requirements of such acts, specifically states that other identified provisions are not applicable, and states that the permit shield applies.” As such, since the permit shield does not apply to terms and conditions that become applicable to a source subsequent to permit issuance,this indicates that a source is not shielded from the enforcement of new regulations by complying with its operating permit terms, meaning that a Title V facility is subject to any applicable regulations that were implemented after the issuance of the operating permit.