                          Completeness Determination
Completed by:  Tim Russ, Air Program, USEPA, Region 8
Date: June 18, 2018

40 CFR 51 APPENDIX V CRITERIA

SUBMITTAL ITEM


2.1 Administrative Materials


Colorado State Implementation Plan Approval Request; Regulation No. 11 (Reg. No. 11); Vehicle Inspection and Maintenance Program, Parts C, D & F, as adopted by the Colorado Air Quality Control Commission (AQCC) on August 17, 2017.

(a)  A formal letter of submittal from the Governor or his designee, requesting EPA approval of the plan or revision thereof (hereafter "the plan").

Submittal letter dated May 14, 2018 from Larry Wolk, Executive Director of the Colorado Department of Public Health and Environment (CDPHE), on behalf of the Governor. 

(b)  Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereafter "document") in final form.  That evidence shall include the date of adoption or final issuance as well as the effective date of the plan, if different from the adoption/issuance date.

The AQCC adopted the revisions to Reg. No. 11 on August 17, 2017.  The revisions became State effective on September 30, 2017.

(c)  Evidence that the State has the necessary legal authority under State law to adopt and implement the plan.

The State's legal authority is provided under C.R.S. 24-4-103 and C.R.S. 42-4-306.

(d)  A copy of the actual regulation, or document submitted for approval and incorporation by reference into the plan, including indication of the changes made to the existing approved plan, where applicable.  The submittal shall be a copy of the official State regulation/document signed, stamped, dated by the appropriate State official indicating that it is fully enforceable by the State.  The effective date of the regulation/document shall, whenever possible, be indicated in the document itself.

The State's submittal contained the following documents:

The proposed and effective changes to Reg. No. 11:
 Part C: "Inspection Procedures and Requirements for Exhaust Emissions, Fuel Evaporation Control, Visible Smoke Emissions, Emissions Control Systems, On-Board Diagnostics (OBD) and Practices to Ensure Proper Emissions Related Adjustments and Repairs;"
 Part D: "Qualification and Licensing of Emissions Mechanics, Emissions Inspectors, and Clean Screen Inspectors; Licensing of Emissions Inspection and Readjustment Stations, Inspection-Only Stations, Inspection-Only Facilities, Fleets, Motor Vehicle Dealer Test Facilities, Enhanced Inspection Centers; Qualification of Clean Screen Inspection Sites; and Registration of Emissions Related Repair Facilities and Technicians;"
 Part F: Maximum Allowable Emissions Limits for Motor Vehicle Exhaust, Evaporative and Visible Emissions for Light-Duty and Heavy-Duty Vehicles."


(e)  Evidence that the State followed all of the procedural requirements of the State's laws and constitution in conducting and completing the adoption/issuance of the plan.

The "Certification Page" document from the Colorado Department of Law as signed by the Colorado Attorney General's Office on August 30, 2017.

(f)  Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice.
Evidence was provided, in the Administrative Documents, of the Public Notice as was published in the Denver Post on May 20, 2017.

(g)  Certification that public hearings(s) were held in accordance with the information provided in the public notice and the State's laws and constitution, if applicable.

The Administrative Documents state that on August 17, 2017, the AQCC conducted a public hearing in accordance with the AQCC requirements and C.R.S. 24-4-103. 

(h)  Compilation of public comments and the State's response thereto.

The Administrative Documents state there were no comments. 

2.2 Technical Support


Note: There was no Technical Support Document (TSD) associated with this State rulemaking action.

(a)  Identification of all regulated pollutants affected by the plan.

In Reg. No. 11 Part F; Carbon Monoxide, Nitrogen Oxides, and Hydrocarbons cutpoints are identified.

(b)  Identification of the locations of affected sources including the EPA attainment/nonattainment designation of the locations and the status of the attainment plan for the affected areas(s).

Locations of sources (vehicles) affected by Reg. No. 11 include the following counties: Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, and parts of Larimer and Weld as described in Part A of Reg. No. 11. 

(c)  Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emission from affected sources or, where appropriate, quantification of changes in actual emission from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision.

The Governor's May 14, 2018 SIP revision submittal and Administrative Documents did not specifically identify anticipated emission reductions from the submitted revisions to Reg. No. 11. 

(d)  The State's demonstration that the national ambient air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented.

As indicated in the EPA-approved Metro-Denver/NFR 1997 8-hour ozone NAAQS ozone plan and as also indicated in the submitted Metro-Denver/NFR 2008 8-hour "Moderate" NAA ozone plan; emission reductions of NOx and VOCs, from the implementation of Reg. No. 11 for mobile sources, is incorporated into both ozone plans. 

(e)  Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selections, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis.

Specific modeling information, for the May 14, 2018 submitted revisions to Reg. No. 11, was not provided by the State nor required by EPA. The modeled emission reductions, from the implementation of Reg. No. 11, are as provided in the prior EPA-approved 1997 8-hour ozone NAAQS ozone plan and the State's ozone plan for the "Moderate" 2008 8-hour ozone NAAQS. Both SIP plans clearly quantify the NOx and VOC emission reduction achieved through the implementation of Reg. No. 11. 

(f)  Evidence, where necessary, that emission limitations are based on continuous emission reduction technology.

Not Applicable.

(g)  Evidence that the plan contains emission limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels.

The May 14, 2018 submitted Reg. No. 11 revisions do not address these requirements. However, other sections (Parts B, D and E) contain requirements for permitting I/M stations, training and certification of I/M inspectors, inspection procedures, specifications for testing equipment, quality assurance requirements, and disciplinary penalties and appeals processes.
(h)  Compliance/enforcement strategies, including how compliance will be determined in practice.

The May 14, 2018 submitted Reg. No. 11 revisions do not address these requirements. However, Part E of Reg. No. 11 does address compliance and enforcement. In addition, motorist compliance with the provisions of Reg. No. 11 is registration denial as appropriate.
(i)  Special economic and technological justifications required by any applicable EPA policies.

Not Applicable.

