Air permitting for colorado stationary sources in disproportionately impacted communities.

Abstract

As the air permitting process evolves, so have environmental justice (EJ) considerations in air permitting. EJ is the concept that everyone has a fundamental right to a healthy and safe environment, equal protection from environmental hazards, and meaningful opportunities to engage in decisions about the environment. Amidst several states' EJ-specific initiatives, Colorado's Air Pollution Control Division (APCD) has embraced, and become a national leader in, addressing EJ concerns through the stationary source permitting process. Colorado began this process by publishing internal Division guidance that required longer public comment periods and other enhanced public outreach for stationary sources submitting major New Source Review applications in specific communities. Today, Colorado has enacted new laws and regulations, including the Environmental Justice Act and Air Quality Regulation Number 3 that aim to address harmful air quality disparities in certain areas by requiring Environmental Justice Summaries, enhanced modeling, and source-specific monitoring, among other measures. With the goal of EJ in mind, the APCD has worked with several partners to establish a robust data set from which state permitting authorities can identify certain permit applications for facilities that are advised to conduct more extensive public engagement prior to the start of a project; a case study of enhanced engagement is included in this article. The Division is committed to reflecting on and developing new ways to advance EJ in air permitting in the state of Colorado.Implications StatementEnvironmental justice (EJ) in air permitting is a rapidly evolving area, requiring ongoing adaptation to regulatory frameworks, data availability, and community engagement practices. The Division has sought to integrate EJ considerations into permitting through the implementation of EJ Summaries, enhanced air quality modeling, and source-specific monitoring. However, significant challenges remain, including data limitations, the complexity of regulatory compliance, ensuring meaningful community participation, and addressing historical social and economic disparities. The recent release of Colorado EnviroScreen 2.0, which incorporates updated U.S. Census Bureau data and redefines certain census block groups as SVC and CIC, introduces additional challenges. These include the necessity of rulemaking to apply the updates, effectively communicating status changes to applicants, and adapting internal processes to account for the revised data.To address these challenges, the Division is committed to refining its approach by improving data transparency, enhancing communication with affected communities, and integrating lessons learned from other state agencies. Ongoing efforts to update and enhance Regulation 3 reflect a broader strategy to incorporate EJ principles into permitting decisions while maintaining regulatory clarity.A key component of this work is the ongoing dialogue between the Division and impacted communities. Through this process, the Division seeks to ensure that communities understand regulatory requirements and how to effectively participate in public comment opportunities. Simultaneously, these conversations inform the Division's decision-making processes, helping to refine policies that mitigate health and environmental disparities. The continued exchange of knowledge between regulators and communities will be essential in advancing a more equitable approach to air permitting in Colorado.