SIP Submitted by: 

Date Submitted: 

Subject: 

Completeness 

Review 

Completed by: 

Date Completed: 

Virginia 

SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST 

(in accordance with 40 CFR Part 51 - App. V) 

March 18, 2013 

Repeal of the National Low Emission Vehicle (NLEV) Program 

Brian Rehn 

May 16,2013 

Administrative Materials ACCEPTABLE 

I EPA REQUIREMENT I STATE SUBMITTAL I 

I. A formal letter of submittal from the Governor or his I. A formal SIP submittal letter from David Paylor, Director 

designee, requesting EPA approval of the plan or revision of the Virginia Department of Environmental Quality, was 

thereof. submitted on Mar 16, 2013. In Virginia, the DEQ Director is 

delegated to submit SIP revisions on the Governor's behalf. 

2. Evidence that the State has adopted the plan in the State 2. Virginia published a fast-track regulation (9 V AC 5-200) 

code or body of regulations; or issued the permit, order, entitled "National Low Emission Vehicle Program" in the 

consent agreement in final form. That evidence shall include Virginia Register ofRegulations on April23, 2012 (Volume 

the date of adoption or final issuance as well as the effective 28, Issue 17). The state effective date listed in the notice was 

date of the plan, if different from the adoption/issuance date. June 7, 2012. 

3. Evidence that the State has the necessary legal authority 3. Virginia has authority to adopt regulations for control 

under State law to adopt and implement the plan. of air pollution pursuant to §I 0.1-1308 of the Code of 

Virginia. 

4. A copy of actual regulation, or document submitted for 4. Virginia submitted as part of the SIP a typed version of 

approval and incorporation by reference into the plan, the regulation showing the sections being repealed 

including indication of the changes made to the existing (Enclosure 1). They also submitted the official copy ofthe 

approved plan, where applicable. The submittal shall be a regulation, as published in the Virginia Register, with a state 

copy ofthe official State regulation/document signed, effective date of June 7, 2012. 

stamped, and 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. 

(X) I 

pppp-
EPA REQUIREMENT STATE SUBMITTAL (X) 

5. Evidence that the State followed all of the procedural 5. Cover letter transmitting the SIP revision dated March 18, 

requirements of the State's laws and constitution in conducting 2013 is included in the SIP. Copies and certification of P" 

and completing the adoption/issuance of the plan. public hearing notices are included in the SIP revision. 

6. Evidence that public notice was given of the proposed 6. Notice of public hearing (upon request) and a public P" change consistent with procedures approved by EPA, comment period was published in the Virginia Register of 

including the date of publication of such notice. Regulations on February 11, 2013 (Volume 29, Issue 12). 

7. Certification that public hearings were held in accordance 7. No public hearing was held, since no member of the public P" with the information provided in the public notice and the requested a hearing during the time period set forth in the 

State's laws and constitution, if applicable. February 11, 2013 public notice published in the Virginia 

Register of Regulations. 

8. Compilation of public comments and the State's response 8. Virginia submitted a statement that no public comments 

P" thereto. were received on this action (Enclosure 3). 
Technical Support 

EPA REQUIREMENT STATE SUBMITTAL 

1. Identification of all regulated pollutants affected by the plan. 1. N/ A. This action repeals an existing regulation, and does 

not regulate any pollutants. The Tier 2 Federal Motor Vehicle 

Control Program (FMVCP) superseded this rule beginning in 

model year 2004, per the regulatory framework of the National 

LEV rule. All pollutants addressed by NLEV were 

subsequently addressed under the Federal Tier 2 program, in 

quantities that more than fully offset those provided by the 

NLEV program. 

(X) 

2. Identification ofthe locations of affected sources including 

the EPA attainment/nonattainment designation of the locations 

and the status of the attainment plan for the affected area(s). 

2. The NLEV program being repealed affected all new motor 17 vehicles sold within Virginia. The replacement Tier 2 

3. Quantification of the changes in plan allowable emissions 

from the affected sources; estimates of changes in current 

actual emissions from affected sources or, where appropriate, 

quantification of changes in actual emissions from affected 

sources through calculations of the differences between certain 

baseline levels and allowable emissions anticipated as a result 

of the revision. 

4. 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. 

5. Modeling information required to support the proposed 

revision, including input data, output data, models used, 

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. 

program was in effect in all states that did not adopt 

California's LEV program, including all of Virginia. 

3. Not Applicable. The NLEV framework provided for the 

replacement of the NLEV program if EPA adopted more 

stringent Federal Tier 2 standards. The Tier 2 program was 

demonstrated by EPA to gain additional emission reductions 

beyond those of the NLEV program it replaced. 

· 4. Not Applicable. The NLEV program was replaced by the 

more stringent Tier 2 program, which achieved additional 

NOx and VOC benefits towards Virginia's plans to further 

attainment of the ozone NAAQS. 

5. Not Applicable. The regulatory framework that created the 

NLEV program planned for the replacement ofNLEV by Tier 

2 beginning in model year 2004 (fully phased in by MY 2006). 17 The Regulatory Impact Analysis for the Federal Tier 2 rule 

contained the technical demonstration that Tier 2 more than 

offset the benefits of the NLEV program 
EPA REQUIREMENT STATE SUBMITTAL (X) 

6. Evidence, where necessary, that emission limitations are 6. Not Applicable. The repeal of Virginia's NLEV program ~ based on continuous emission reduction technology. does not create any new emissions limitations. The Federal 

Tier 2 program that replaced the NLEV program operates 

independent of Virginia's action to repeal the defunct NLEV 

program. 

7. Evidence that the plan contains emission limitations, work 7. Not Applicable. See above. ~ practice standards and recordkeeping/reporting requirements, 

where necessary, to ensure emission levels. 

8. Compliance/enforcement strategies, including how 8. Not Applicable. Repeal by Virginia of its NLEV program ~ compliance will be determined in practice. does not impact compliance, as the program was superseded 

by the Federal NLEV program prior to Virginia's action. 

Virginia has no authority to enforce the Federal Tier 2 

program under the FMVCP. 

9. Special economic and technological justifications required 9. Not Applicable. ~ by any applicable EPA policies. (If a policy is not appropriate, 

explain why.) 

10. A Section 1_07 request must be accompanied by a 

10. Not Applicable. maintenance plan demonstrating maintenance to the relevant ~ 

NAAQS for at least 10 years after redesignation.