                          Technical Support Document 
                Review of the State of Colorado "111(d) Plan 
For Commercial and Industrial Solid Waste Incineration Units (that commenced construction on or before November 30, 1999)"

     Submitted by the Colorado Department of Public Health and Environment
                        Air Pollution Control Division
                          Planning and Policy Program
                                 July 14, 2017




TSD Prepared by:
Gregory Lohrke
Indoor Air Toxics and Transportation Unit
Office of Partnerships and Regulatory Assistance, 8P-AR
U.S. Environmental Protection Agency, Region 8
1595 Wynkoop Street
Denver, Colorado 80202
(303) 312-6396

                                      
                                      

                                      
                                      Reviewed by:
                                      


Monica S. Morales
Director, Air Program
Office of Partnerships and Regulatory Assistance



Date Signed


                                   Contents
Summary


Background

3
Federal Requirements for an Approvable Colorado CISWI Plan

3
Completeness and Approvability Review

4
Conclusion

4
Appendices


Appendix A - 40 CFR 60, subpart DDDD plan requirements

A-1
Appendix B - 40 CFR 60, subpart B submittal requirements

B-1
Appendix C - Demonstration of Legal Authority Elements

C-1













 Background
Section 129 of the Clean Air Act (CAA) directs the EPA to establish performance standards and other requirements for each category of solid waste incineration units. Subsection (a)(1)(D) specifically provides for the establishment of performance standards for commercial and industrial solid waste incineration (CISWI) units. The EPA is directed by this subsection to establish performance standards, guidelines and other requirements for each category of `existing' CISWI units under the authority of both sections 129 and 111(d) of the Act. Upon promulgation of such performance standards and guidelines, states with existing designated facilities operating within their jurisdiction are to submit for EPA approval a section 111(d)/129 state plan to implement and enforce standards at least as stringent as those established by the EPA emission guidelines for existing units. 
The federal emission guidelines and requirements for existing CISWI units are codified at 40 CFR part 60, subpart DDDD, "Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units." On July 14, 2017, the Colorado Department of Public Health and Environment (CDPHE) formally submitted a new CAA section 111(d)/129 State plan (the "plan") to the Region 8 EPA office for the regulation of existing CISWI units. This submittal rescinds Colorado's present negative declaration, certifying an absence of CISWI units within the state's jurisdiction, and replaces it with a plan implementing statewide control and oversight of existing CISWI units. The present negative declaration was approved and promulgated by the EPA on September 17, 2000, at 40 CFR part 62, subpart G (68 FR 54373). The current submittal intends to fulfill Colorado's plan development requirement following the EPA's May 18, 2011 revision of the CISWI rule (76 FR 15704) and the subsequent February 2013 and June 2016 final actions on reconsideration of the rule. This document will assess the approvability of the new CISWI State plan, and associated state rulemaking acceptability with respect to the federal requirements for CISWI 111(d)/129 State plan submittals.
The approval of section CISWI 111(d)/129 State plans is meant to continue improvements in the control of certain air pollutants originating from CISWI units through the requirement of more stringent pollutant controls at a facility level. The target air pollutants are: dioxins/furans, carbon monoxide, metals (cadmium, lead and mercury), particulate matter, hydrogen chloride, sulfur dioxide, oxides of nitrogen, fugitive ash and opacity. An explanation of the impacts of 111(d)/129 State plan implementation for existing CISWI units nationwide, including primary air impacts, secondary air impacts, water and solid waste impacts, energy impacts and cost and economic impacts may be found in "Section VI" of the preamble to the March 21, 2011 final NSPS and EG final rule (76 FR 15704).
II. Federal Requirements for an Approvable Colorado CISWI Plan
The revised Colorado plan for existing CISWI units must meet three sets of federal requirements: 1) The general requirements for developing and processing 111(d) plans found in 40 CFR part 60, subpart B, sections 60.23  -  60.26, excepting the provisions for electric generating units; 2) State plan requirements found in 40 CFR part 60, subpart DDDD; and 3) the pertinent requirements of 40 CFR part 62, subpart A. An approvable state plan submittal meets all of these requirements through revisions to state rules for new and existing CISWI units and by including certain facility requirements in the state plan document itself. The relevant state rule in this case is found in the Code of Colorado Regulations, Regulation Number 6 (5 CCR 1001-8) Part A. Legal authority to implement the state plan is primarily demonstrated in the provisions of the Colorado Revised Statutes (CRS), Title 25. The Colorado State plan document is specifically drafted to address emissions from existing CISWI units as defined under 40 CFR 60, subpart DDDD. The state plan submittal package under review here contains: 
1. The Colorado State plan document, including requirements for existing CISWI units referencing the most recent revisions to 40 CFR part 60, subpart DDDD, and reference to the most recent revisions to the Code of Colorado Regulations and the pertinent sections of the Colorado Revised Statutes demonstrating legal authority to implement and enforce the plan.
2. Documentation and certification of public notice of rulemaking and public participation activities.
3. A copy of the pertinent revised state rule, certified by the Colorado State Attorney General, demonstrating CDPHE legal authority to regulate CISWI units in the State of Colorado.
A summary of the Colorado plan's completeness and approvability in the context of 40 CFR part 60, subparts B and DDDD is given in the following section.
III. Completeness and Approvability Review
A completeness and approvability review of the "111(d) Plan for Commercial and Industrial Solid Waste Incineration Units (that commenced construction on or before November 30, 1999)" as submitted by the CDPHE Air Pollution Control Division has been completed prior to proposal of plan approval by the EPA. The completeness and approvability review includes: (1) a review of the plan's fulfillment of requirements under 40 CFR 60, subpart DDDD [Appendix A]; (2) a review of the plan's fulfillment of requirements under 40 CFR 60, subpart B [Appendix B]; and, (3) a review of the plan's demonstration of the CDPHE's legal authority to regulate CISWI facilities [Appendix C].
IV. Conclusion
The EPA's review of the CDPHE Colorado State plan submittal for existing CISWI units finds the plan consistent with 40 CFR part 60, subpart B and subpart DDDD, and 40 CFR part 62, subpart A. The EPA is therefore proposing to approve the plan and amend 40 CFR part 62, subpart G to reflect this approval and thereby bring the state plan into effect. Upon the final effective date of the approved plan, the EPA Administrator will retain several authorities, including the authorities specifically associated with the "EPA Administrator" in the Subpart DDDD `Model Rule'. The State of Colorado will assume responsibility for enforcement of the requirements under the current emission guidelines for existing CISWI units.










40 CFR 60, subpart DDDD plan requirements




                             Federal Requirements
                            40 CFR 60, subpart DDDD
                                Section 60.2515
                         Code of Colorado Regulations
                               Regulation No. 6
                                (5 CCR 1001-8)
                 State Rule/Plan Meeting Federal Requirements?
Comment
§60.2515(a)(1): Source Inventory
N/A
Yes
The CO State plan includes Section III. Source Inventory, which includes all CISWI units which would be considered existing under revised subpart DDDD. The list includes cancelled operations and the one operating source under CDPHE jurisdiction. All entries include AIRS ID, Unit type, description of waste materials combusted, and operating status.
§60.2515(a)(2): Emission Inventory
N/A
Yes
The CO State plan includes Section IV. Emission Inventory, including the emission inventory consequent of operating, existing CISWI units as they are catalogued in Section III.
§60.2515(a)(3): Compliance Schedules
Yes
Yes
Final, backstop compliance date is near (Feb. 2018). The plan and accompanying state rule make clear that the plan and all enforceable regulations are effective at the time of approval and promulgation of the Colorado CISWI State plan and that the timeline for final compliance will be abbreviated.
§60.2515(a)(4): Emission limitations; operator training and qualification requirements; waste management plan; operating limits at least as protective as the EG
Yes
(Model Rule)
Yes
The state rule mandates compliance with the requirements presented by the `model rule' in Subpart DDDD, including: operator training and qualification (§62635- 60.2665); waste management plan requirements (§62620- 62630); and, operating and emission limits at least as stringent as the EG (§60.2670- 60.2680).


§60.2515(a)(5): Performance testing, recordkeeping and reporting requirements
Yes
(Model Rule)
Yes
The state rule mandates compliance with the performance testing requirements (§60.2690- 60.2695), and the recordkeeping and reporting requirements (§60.2740- 60.2800) of Subpart DDDD.
§60.2515(a)(6): Certification of public hearing; Summary of attendees and comments
N/A
Yes
The state plan submittal package includes certified copies of the state's hearing notice and notice of proposed amendatory language, proposed rule docket information, public hearing agenda and meeting minutes. An AG opinion confirms all administrative procedural requirements for rule proposal and finalization were followed according to state law.
§60.2515(a)(7): Provision for state progress reports to the EPA
N/A
Yes
The CO State plan includes details of CDPHE reporting requirements for inspection reports and facility status to ICIS-AIR as specified in 40 CFR 60, Appendix D, and annual source emission data reports to the National Emission Inventory as specified in 40 CFR 60 §60.25(e). The plan also includes provision for reporting on 111(d) plan enforcement as requested by the EPA. 
§60.2515(a)(8): Identification of state mechanisms for EG implementation
N/A
Yes
The CO State plan highlights the Colorado Air Pollution Prevention and Control Act as the statute giving the Colorado Air Quality Control Commission and CDPHE the authority to adopt, promulgate and enforce the implementation of the State plan.
§60.2515(a)(9): Demonstration of legal authority
N/A
Yes
The Colorado "111(d) Plan for Commercial and Industrial Solid Waste Incineration Units" includes Section II. Demonstration of Legal Authority. A more detailed appraisal of this demonstration is found in Appendix C of this technical support document.







40 CFR 60, subpart B submittal requirements



§60.23 Adoption and submittal of State plans; public hearings

(a)(1) Unless otherwise specified in the applicable subpart, within nine months after notice of the availability of a final guideline document is published under §60.22(a), each state shall adopt and submit to the Administrator, in accordance with §60.4 of subpart A of this part, a plan for the control of the designated pollutant to which the guideline document applies.
-Subpart DDDD [§60.2535(b)(1)] specifies a final compliance date of February 7, 2018.
-CO State plan requires "final compliance as expeditiously as practicable after the EPA approval of this 111(d) plan but not later than ... February 7, 2018."  
(2) Within nine months after notice of the availability of a final revised guideline document is published as provided in §60.22(d)(2), each state shall adopt and submit to the Administrator any plan revision necessary to meet the requirements of this subpart.
- CO State plan authored on January 12, 2017, submitted July 14, 2017.
(b) If no designated facility is located within a state, the state shall submit a letter of certification to that effect to the Administrator within the time specified in paragraph (a) of this section. Such certification shall exempt the state from the requirements of this subpart for that designated pollutant.
Not applicable
(c)(1) Except as provided in paragraphs (c)(2) and (c)(3) of this section, the state shall, prior to the adoption of any plan or revision thereof, conduct one or more public hearings within the state on such plan or plan revision.
-three-month notice of public hearing given.
-Hearing given May 18, 2017
-Hearing certified by CO Secretary of State
(2) No hearing shall be required for any change to an increment of progress in an approved compliance schedule unless the change is likely to cause the facility to be unable to comply with the final compliance date in the schedule.
Not applicable
(3) No hearing shall be required on an emission standard in effect prior to the effective date of this subpart if it was adopted after a public hearing and is at least as stringent as the corresponding emission guideline specified in the applicable guideline document published under §60.22(a).
Not applicable
(d) Any hearing required by paragraph (c) of this section shall be held only after reasonable notice. Notice shall be given at least 30 days prior to the date of such hearing and shall include:
Notice was given in February 16, 2017, for a hearing in May 2017 (>30 days).
(1) Notification to the public by prominently advertising the date, time and place of such hearing in each region affected;
Certified notice included with plan submission prominently displays date, time and place of the May 18, 2017 Air Quality Control Commission meeting
(2) Availability, at the time of public announcement, of each proposed plan or revision thereof for public inspection in at least one location in each region to which it will apply;
Proposed changes to CCR included with hearing notice.
(3) Notification to the Administrator;
Administrator notified with Plan submittal
(4) Notification to each local air pollution control agency in each region to which the plan or revision will apply; and
Not applicable  -  no delegation to local air pollution control agencies.
(5) In the case of an interstate region, notification to any other state included in the region.
Not applicable
(e) The state shall prepare and retain, for a minimum of two years, a record of each hearing for inspection by any interested party. The record shall contain, as a minimum, a list of witnesses together with the text of each presentation.
Meeting minutes, with list of attending officials, from hearing included with the plan submittal. CDPHE is required to retain this record for two years. Meeting minutes will be maintained in docket folder.
(f) The state shall submit with the plan or revision:

(1) Certification that each hearing required by paragraph (c) of this section was held in accordance with the notice required by paragraph (d) of this section; and
Certified hearing documentation is included with the plan submittal.
(2) A list of witnesses and their organizational affiliations, if any, appearing at the hearing and a brief written summary of each presentation or written submission.
No written or verbal comments received on the plan or rule revision.
(g) Upon written application by a state agency (through the appropriate Regional Office), the Administrator may approve state procedures designed to insure public participation in the matters for which hearings are required and public notification of the opportunity to participate if, in the judgment of the Administrator, the procedures, although different from the requirements of this subpart, in fact provide for adequate notice to and participation of the public. The Administrator may impose such conditions on his approval as he deems necessary. Procedures approved under this section shall be deemed to satisfy the requirements of this subpart regarding procedures for public hearings
Not applicable

§60.24 Emission standards and compliance schedules.

(a) Each plan shall include emission standards and compliance schedules.
CO State plan mandates the CISWI model rule emission and operating limits specified in subpart DDDD 60.2670- 60.2680. Tables from subpart DDDD including emission limits for units after the final compliance date are included in either the plan, or 40 CFR part 60, subpart DDDD as it is incorporated in the state rule.
(b) (1) Emission standards shall either be based on an allowance system or prescribe allowable rates of emissions except when it is clearly impracticable. Such cases will be identified in the guideline documents issued under §60.22. Where emission standards prescribing equipment specifications are established, the plan shall, to the degree possible, set forth the emission reductions achievable by implementation of such specifications, and may permit compliance by the use of equipment determined by the state to be equivalent to that prescribed.
Not applicable
(2) Test methods and procedures for determining compliance with the emission standards shall be specified in the plan. Methods other than those specified in appendix A to this part may be specified in the plan if shown to be equivalent or alternative methods as defined in §60.2 (t) and (u).
The testing methods outlined in the Subpart DDDD Model Rule and specified in 40 CFR part 60, appendix A are incorporated by reference in the state rule and indicated in the state plan.
(3) Emission standards shall apply to all designated facilities within the state. A plan may contain emission standards adopted by local jurisdictions provided that the standards are enforceable by the state.
Not applicable
(c) Except as provided in paragraph (f) of this section, where the Administrator has determined that a designated pollutant may cause or contribute to endangerment of public health, emission standards shall be no less stringent than the corresponding emission guideline(s) specified in subpart C of this part, and final compliance shall be required as expeditiously as practicable but no later than the compliance times specified in subpart C of this part.
Final compliance date of February 7, 2018, is set in both Subpart DDDD, as incorporated into the state rule, and the state plan.
(d) Where the Administrator has determined that a designated pollutant may cause or contribute to endangerment of public welfare but that adverse effects on public health have not been demonstrated, states may balance the emission guidelines, compliance times, and other information provided in the applicable guideline document against other factors of public concern in establishing emission standards, compliance schedules, and variances. Appropriate consideration shall be given to the factors specified in §60.22(b) and to information presented at the public hearing(s) conducted under §60.23(c).
Not applicable
(e)(1) Any compliance schedule extending more than 12 months from the date required for submittal of the plan must include legally enforceable increments of progress to achieve compliance for each designated facility or category of facilities. Unless otherwise specified in the applicable subpart, increments of progress must include, where practicable, each increment of progress specified in §60.21(h) and must include such additional increments of progress as may be necessary to permit close and effective supervision of progress toward final compliance.
Not applicable  -  Subpart DDDD requirements apply instead of section 60.24(e)(1) [Section 60.2540(b)]
(2) A plan may provide that compliance schedules for individual sources or categories of sources will be formulated after plan submittal. Any such schedule shall be the subject of a public hearing held according to §60.23 and shall be submitted to the Administrator within 60 days after the date of adoption of the schedule but in no case later than the date prescribed for submittal of the first semiannual report required by §60.25(e).
Not applicable
(f) Unless otherwise specified in the applicable subpart on a case-by-case basis for particular designated facilities or classes of facilities, states may provide for the application of less stringent emissions standards or longer compliance schedules than those otherwise required by paragraph (c) of this section, provided that the state demonstrates with respect to each such facility (or class of facilities):
Not applicable  -  Subpart DDDD requirements for final compliance dates and emission standards apply; No allowance for case-by-case judgements on less stringent emission standards and longer compliance schedules [Section 60.2540(a) see: comment on 60.24(c)]
(1) Unreasonable cost of control resulting from plant age, location, or basic process design;
Not applicable
(2) Physical impossibility of installing necessary control equipment; or
Not applicable
(3) Other factors specific to the facility (or class of facilities) that make application of a less stringent standard or final compliance time significantly more reasonable.
Not applicable
(g) Nothing in this subpart shall be construed to preclude any state or political subdivision thereof from adopting or enforcing (1) emission standards more stringent than emission guidelines specified in subpart C of this part or in applicable guideline documents or (2) compliance schedules requiring final compliance at earlier times than those specified in subpart C or in applicable guideline documents.
Not applicable  -  Subpart DDDD Model Rule provisions for emission standards and compliance schedules has been fully incorporated into Colorado Code of Regulations. 

§60.25 Emission inventories, source surveillance, reports

(a) Each plan shall include an inventory of all designated facilities, including emission data for the designated pollutants and information related to emissions as specified in appendix D to this part. Such data shall be summarized in the plan, and emission rates of designated pollutants from designated facilities shall be correlated with applicable emission standards. As used in this subpart, "correlated" means presented in such a manner as to show the relationship between measured or estimated amounts of emissions and the amounts of such emissions allowable under applicable emission standards.
The source inventory for current, operating sources is complete, and the state has made a reasonable effort to include all shut-down, inoperable and cancelled sources.
(b) Each plan shall provide for monitoring the status of compliance with applicable emission standards. Each plan shall, as a minimum, provide for:

(1) Legally enforceable procedures for requiring owners or operators of designated facilities to maintain records and periodically report to the state information on the nature and amount of emissions from such facilities, and/or such other information as may be necessary to enable the state to determine whether such facilities are in compliance with applicable portions of the plan. Submission of electronic documents shall comply with the requirements of 40 CFR part 3 -- (Electronic reporting).
Revisions to state rules (5 CCR 1001-8) impose recordkeeping and reporting requirements as they appear in Subpart DDDD, Model Rule.
(2) Periodic inspection and, when applicable, testing of designated facilities.
-Revised state rules impose testing and inspection requirements as they appear in Subpart DDDD
-Colorado Act, Section 25-7-111(2)(c) authorizes the Division to enter and inspect any property to ascertain compliance/noncompliance with the state plan or state CISWI rule.
(c) Each plan shall provide that information obtained by the state under paragraph (b) of this section shall be correlated with applicable emission standards (see §60.25(a)) and made available to the general public.
The CO State plan requires following federal recordkeeping and reporting requirements and allows for annual inspection, source emissions, and status reports. Enforcement reports are provided as applicable.
-Colorado also generally has the authority to make source emissions reports data available to the public.
-Colorado Act, Section 25-7-132 directs the Commission and Division to make all emission data available to the public to the extent it is required by the CAA.
(d) The provisions referred to in paragraphs (b) and (c) of this section shall be specifically identified. Copies of such provisions shall be submitted with the plan unless:
These provisions are specifically identified in the state plan, contained in the discussion of legal authority.
(1) They have been approved as portions of a preceding plan submitted under this subpart or as portions of an implementation plan submitted under section 110 of the Act, and
Not applicable
(2) The state demonstrates:

(i) That the provisions are applicable to the designated pollutant(s) for which the plan is submitted, and
Not applicable
(ii) That the requirements of §60.26 are met.
Not applicable
(e) The state shall submit reports on progress in plan enforcement to the Administrator on an annual (calendar year) basis, commencing with the first full report period after approval of a plan or after promulgation of a plan by the Administrator. Information required under this paragraph must be included in the annual report required by §51.321 of this chapter.
Provision for annual progress reports as required is included in the state plan.
-The Division reports annual source emission data to the National Emission Inventory.
-The plan includes a requirement that the Division make progress reports as specified in Sec. 60.25(e) `as applicable'.
(f) Each progress report shall include:

(1) Enforcement actions initiated against designated facilities during the reporting period, under any emission standard or compliance schedule of the plan.
The reports mentioned in commentary on Sec. 60.25(e) (above) specifically refer to `progress reports in 111(d) plan enforcement.'
(2) Identification of the achievement of any increment of progress required by the applicable plan during the reporting period.
Not applicable at this time
(3) Identification of designated facilities that have ceased operation during the reporting period.
Not applicable at this time
(4) Submission of emission inventory data as described in paragraph (a) of this section for designated facilities that were not in operation at the time of plan development but began operation during the reporting period.
Not applicable at this time
(5) Submission of additional data as necessary to update the information submitted under paragraph (a) of this section or in previous progress reports.
Not applicable at this time
(6) Submission of copies of technical reports on all performance testing on designated facilities conducted under paragraph (b)(2) of this section, complete with concurrently recorded process data.
Not applicable at this time

§60.26 Legal Authority

(a) Each plan shall show that the state has legal authority to carry out the plan, including authority to:
The `111(d) Plan for Hospital/Medical/Infectious Waste Incinerators Existing in Colorado,' includes Section II  -  Demonstration of Legal Authority.
(1) Adopt emission standards and compliance schedules applicable to designated facilities.
Included in Section II.
(2) Enforce applicable laws, regulations, standards, and compliance schedules, and seek injunctive relief.
Included in Section II.
(3) Obtain information necessary to determine whether designated facilities are in compliance with applicable laws, regulations, standards, and compliance schedules, including authority to require recordkeeping and to make inspections and conduct tests of designated facilities.
Included in Section II.
(4) Require owners or operators of designated facilities to install, maintain, and use emission monitoring devices and to make periodic reports to the state on the nature and amounts of emissions from such facilities; also authority for the state to make such data available to the public as reported and as correlated with applicable emission standards.
Included in Section II.
(b) The provisions of law or regulations which the state determines provide the authorities required by this section shall be specifically identified. Copies of such laws or regulations shall be submitted with the plan unless:
These are identified in Section II under the particular subsection and plan requirement to which the identified state regulations may pertain.
(1) They have been approved as portions of a preceding plan submitted under this subpart or as portions of an implementation plan submitted under section 110 of the Act, and
Not applicable
(2) The state demonstrates that the laws or regulations are applicable to the designated pollutant(s) for which the plan is submitted.
Not applicable
(c) The plan shall show that the legal authorities specified in this section are available to the state at the time of submission of the plan. Legal authority adequate to meet the requirements of paragraphs (a)(3) and (4) of this section may be delegated to the state under section 114 of the Act.
See response to 60.26(b)
(d) A state governmental agency other than the state air pollution control agency may be assigned responsibility for carrying out a portion of a plan if the plan demonstrates to the Administrator's satisfaction that the state governmental agency has the legal authority necessary to carry out that portion of the plan.
Not applicable
(e) The state may authorize a local agency to carry out a plan, or portion thereof, within the local agency's jurisdiction if the plan demonstrates to the Administrator's satisfaction that the local agency has the legal authority necessary to implement the plan or portion thereof, and that the authorization does not relieve the state of responsibility under the Act for carrying out the plan or portion thereof.
Not applicable








Demonstration of Legal Authority Elements



1. Adopt emission standards and compliance schedules applicable to designated facilities; [40 CFR 60.26(a)(1)]
Colorado Air Pollution Prevention and Control Act ("Colorado Act")
25-7-109 C.R.S.
Adopt emission standards
§25-7-109
(1)(a) Except as provided in sections 25-7-130 and 25-7-131, as promptly as possible, the commission shall adopt, promulgate, and from time to time modify or repeal emission control regulations which require the use of effective practical air pollution controls
Adopt compliance schedules
§25-7-109
(1)(b)(II) [In the formulation of each emission control regulation, the commission shall take into consideration:] Federal recommendations and requirements;
*****
(2) Such emission control regulations may include, but shall not be limited to, regulations pertaining to: ... 
*****
(6) The commission shall establish test methods and procedures for determining compliance with emission control regulations promulgated under this section and, in so doing, shall, to the maximum degree consistent with the purposes of this article, consider the test methods and procedures established by the United States environmental protection agency and shall adopt such test methods and procedures as shall minimize the possibility of inconsistency or duplication of effort.
Applicable to designated facilities
§25-7-109
(1)(a)(I) [promulgate emission control regulations] For each significant source or category of significant sources of air pollutants [ed. i.e., CISWI units]
Also
(1)(a)(II) For each type of facility which produces or might produce significant emissions of air pollutants.
*****
(3) Emission control regulations adopted pursuant to this section shall include, but shall not be limited to, regulations pertaining to the following facilities, processes, and activities: 
(a) Incinerator and incinerator design

2. Enforce the relevant laws, regulations, standards and compliance schedules referenced in section 111(d) and section 129 and seek injunctive relief and prevent restart of CISWI that have shut down; [40 CFR 60.26(a)(2)]
Sections 25-7-111(1) and 25-7-115(1)(a)
"The division shall administer and enforce the air quality control programs adopted by the commission." AND "The division shall enforce compliance with the emission control regulations of the commission..."
Section 25-7-121(1)
"In the event any person fails to comply with a final order of the division, or the commission, that is not subject to stay pending administrative or judicial review, or in the event any person violates any emission control regulation of the commission, the requirements of the state implementation plan, or any provision of parts 1 to 4 of this article, including any term or condition contained in any permit required under this article, the division or the commission, as the case may be, may request the district attorney for the district in which the alleged violation occurs or the attorney general to bring, and if so requested it is his duty to bring, a suit for an injunction to prevent any further or continued violation."
3. Obtain information necessary to determine whether designated facilities are in compliance with applicable laws, regulations, standards, and compliance schedules, including authority to require recordkeeping and to make inspections and conduct tests of designated facilities. [40 CFR 60.26(a)(3)]
The Colorado Act
§25-7-106(6) authorizes the Commission to require owners or operators to establish and maintain reports; install, use, and maintain monitoring equipment or methods; record, monitor, and sample emissions; and provide other such information the Commission requires. 
§25-7-111(2)(c) authorizes the Division to enter and inspect any property, premises, or place to ascertain compliance or noncompliance with applicable regulation, order, or permit.
Also 
§25-7-111(2)(c) also authorizes the Division to obtain a warrant to enter and inspect should entry be denied. Further, Section 25-7-111(2)(i) authorizes the Division to require a source to furnish information relating to emissions of the source or any authorized investigation.
4. Require owners or operators of designated facilities to install, maintain, and use emission monitoring devices and to make periodic reports to the state on the nature and amounts of emissions from such facilities; also authority for the state to make such data available to the public as reported and as correlated with applicable emission standards. [40 CFR 60.26(a)(4)]
The Colorado Act
Section 25-7-106(6) authorizes the Commission to require owners or operators to establish and maintain reports; install, use, and maintain monitoring equipment or methods; record, monitor, and sample emissions; and provide other such information the Commission requires. Section 25-7-111(2)(i) authorizes the Division to require a source to furnish information relating to emissions of the source or any authorized investigation. Section 25-7-114.1(1) requires any person emitting air pollutants to file an air pollutant emission notice with the Division. Section 25-7-114.4 directs the Commission to promulgate regulations necessary for the administration of construction permits and renewable operating permits, including inspection, monitoring, recordkeeping, and reporting requirements. Section 25-7-132 directs the Commission and Division to make all emission data received or obtained available to the public to the extent required.







