Historic Submittal Requirements
Historically, Air Pollution Emission Notices (APENs), New Source Review (NSR) construction permit applications, and Title V operating permit applications have all been submitted to the Colorado Department of Public Health and Environment (CDPHE) Air Pollution Control Division (APCD) as mailed physical packages. In recent years, CDPHE (along with most state and federal agencies) moved to a primarily electronic submittal system. However, this initial shift did not significantly impact the air permitting process, as CDPHE required use of the same forms and application structures as previously required. The only real change was allowing emailing of required materials instead of requiring physically mailed packages.
However, CDPHE has slowly been rolling out a more robust electronic submittal system over the last couple of years. This started with a selection of APEN templates available for direct submission via CDPHE’s electronic submittal system, an optional alternative to the E-mail approach. In 2024, CDPHE began shifting to mandatory use of the electronic submittal system for portions of the air permitting process. Specifically, CDPHE started requiring use of the electronic submittal system for pre-application Environmental Justice (EJ) Reporting, as well as pre-application dispersion modeling determinations (APCD Form APCD-114).
Current and Future Submittal Requirements
As of March 2026, CDPHE’s electronic submittal system includes electronic forms for all APEN templates, as well as all construction permit application materials. Notice of Startup and Relocation Notice reporting forms are also now required to be submitted online. CDPHE has recently announced that beginning June 2026, APEN and construction permit application materials will be required to be submitted via the electronic system. CDPHE will no longer allow for APEN and construction permit application elements to be submitted via physical mail or direct E-mail. CDPHE intends to extend this requirement to Title V Operating Permit materials by the end of 2026.
Implications of Fully Electronic Submittal Requirements
The CDPHE APCD transition to the new online submittal process is part of the CDPHE’s stationary source data modernization project, which aims to modernize the air permit application submittal and CDPHE review process, as well as allow public access to the data online, including GIS maps and dashboards. CDPHE anticipates that this change to the application process will result in an increase in CDPHE’s efficiency in processing APEN and construction permit (and eventually Title V operating permit) applications. Additionally, this shift will aid in streamlining some steps in the application process. For example, this system will allow for payment of all application fees (including APEN and General Permit fees) as part of the application submittal process, rather than requiring the applicant to navigate to the current and separate tool for fee payments prior to application submittal.
With the transition to fully online system and form fields, the APEN or permit application cover letter becomes even more critical to communicate project specific details or unique circumstances that may not be captured within the standardized online forms, ensuring important context and nuances are clearly conveyed.
What’s Next?
If you or your organization intend to submit APENs or construction permit applications beginning June 2026, it is advisable to plan for additional time to familiarize yourself with the new electronic submittal system. In addition, consider getting an early start on setting up a new account to be able to use the new online submission tool. For additional information or assistance with the process please contact Trinity’s Colorado office at 720.638.7647 or email Christopher Platt directly.
