The first annual facility-wide toxic air contaminant (TAC) emissions report for 2023 emissions from Title V facilities or synthetic minor facilities is due on June 30, 2024. There are over 400 TACs Colorado is requesting data for and over one-third of the TACs have not previously been requested on an Air Pollutant Emissions Notice (APENs).
Basis
On June 2, 2022, Colorado signed House Bill 22-1244 into law. This set the wheels in motion for Colorado to develop an air toxics program and annual TAC reporting requirement. The TAC reports will inform additional future monitoring and a future air toxics permitting program.
Per the statute the reports will be made publicly available, and the Division will use the data to inform the following:
- Conduct a gap analysis in the TAC reporting by October 2024.
- Identify five priority TACs by April 2025.
- Consider revisions to future TACs reporting requirements via rulemaking by April 2025.
- Conduct a needs assessment for an air toxics permitting program for stationary sources by December 2025.
- Develop emission control regulations for new and existing stationary sources of priority TACs via rulemaking by April 2026.
Who Does it Impact?
Approximately 2,100 facilities across Colorado are subject to the TAC reporting requirement. More than half of the facilities are oil and gas facilities. All facilities subject to Title V Operating Permit or synthetic minor facilities are subject to Colorado TAC reporting. The Division has identified a list of facilities expected to be subject to the requirement on their webpage. If a facility is on the Division’s list but believes their facility should not have to report, email correspondence and concurrence with the Division is required.
Report Preparation and Submittal
Each reporting facility must submit a facility-wide TAC report by June 30, 2024 and annually each year on June 30. Oil and gas facilities will submit data through the ONGAEIR online system. For all other industries, the Division has developed a spreadsheet tool to enter facility information and each TAC’s facility-wide actual controlled 2023 emissions plus emission estimation methods. There are no de minimis thresholds for reporting a TAC and no identified source-type exemptions. The Division anticipates that facilities will have supporting documentation that will be maintained, but not submitted in the spreadsheet. The Division’s spreadsheet tool will be submitted via an online submittal form. For a hierarchy of emission factor sources and other useful tips, check out Trinity’s information on Preparing for Colorado’s TAC Report.
Conclusion
TAC reports will inform several important upcoming rulemakings, so ensuring accurate and consistent reports will be imperative for facilities. Some questions to consider as you are preparing your report include:
- What data did you report on your APEN and is it consistent with your TAC report? What about your EPA Toxic Release Inventory (TRI) report (where applicable)?
- Do you know what others in the same industry are reporting?
- Is there consensus within the industry on the TACs present and reportable?
- Does your facility already control TACs and are you appropriately taking credit for control devices?
- Is the facility accounting for unpermitted, miscellaneous, or fugitive TAC emissions?
If you would like to discuss this new TAC reporting requirement for Colorado and how it may impact your facility, please email Ashley V Jones in Trinity’s Denver Office or call 720.638.7647.
