SIP Submittedby: 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 ofthe National LowEmission Vehicle (NLEV) Program

Brian Rehn May 16,2013 Administrative Materials ACCEPTABLE 

# I EPA REQUIREMENT 

# I STATE SUBMITTAL 

# I

I. A formal letter ofsubmittal from the Governor orhis 

### I. A formal SIP submittal letter from David Paylor, Director designee, requesting EPA approval ofthe plan or revision ofthe Virginia Department ofEnvironmental Quality, was thereof. submitted on Mar 16, 2013. In Virginia, the DEQ Director is delegated to submit SIP revisions onthe Governor'sbehalf. 2. Evidence that the State has adopted the plan in the State 2. Virginiapublished a fast-track regulation (9 VAC 5-200) code or body ofregulations; 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 onApril23, 2012 (Volume the date ofadoption or final issuance as well as the effective 28, Issue 17). The state effective date listed in the notice was date ofthe plan, ifdifferent 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 lawto adopt and implement the plan. ofair pollution pursuant to §I0.1-1308 ofthe Code of Virginia. 4. A copy ofactual regulation, ordocument submitted for 4. Virginia submitted as part ofthe SIP a typed version of approval and incorporation by reference into the plan, the regulation showing the sections being repealed including indication ofthe changes made to the existing (Enclosure 1).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 inthe 

### Virginia Register, with a state copy ofthe official State regulation/document signed, effective date ofJune 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, wheneverpossible, be indicated in the document itself. (X) 

# I

pppp-EPAREQUIREMENT STATE SUBMITTAL (X) 5. Evidence that the State followed all ofthe procedural 5. Cover lettertransmitting the SIP revision dated March 18, requirements ofthe State's laws and constitution in conducting 2013 is included in the SIP. Copies and certification of P" and completing the adoption/issuance ofthe plan. public hearing notices are included in the SIP revision.

6. Evidence that public notice was given ofthe proposed 6. Notice ofpublic hearing (upon request) and a public P" change consistent with procedures approved by EPA, commentperiod was published in the Virginia Register of including the date ofpublication ofsuch notice. Regulations onFebruary 11, 2013 (Volume 29, Issue 12). 7. Certificationthat public hearings were held in accordance 7. No public hearing was held, since no member ofthe public P" with the information provided inthe public notice and the requested a hearing during the time period set forth in the State's laws and constitution, ifapplicable. February 11, 2013 public notice published inthe Virginia Register of Regulations. 8. Compilation ofpublic comments and the State's response 8. Virginia submitted a statement that no public comments P" thereto. were received onthis action (Enclosure 3).Technical Support EPAREQUIREMENT STATE SUBMITTAL 1. Identification ofall 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, perthe regulatory framework ofthe National LEV rule. All pollutants addressed byNLEV were subsequently addressed underthe Federal Tier 2 program, in quantities that more than fully offsetthose providedbythe NLEVprogram. (X)

2. Identification ofthe locations ofaffected sources including the EPA attainment/nonattainment designation ofthe locations and the status ofthe 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 ofthe changes inplan allowable emissions from the affected sources; estimates ofchanges in current actual emissions from affected sources or, where appropriate, quantification ofchanges in actual emissions from affected sources through calculations ofthe differences between certain baseline levels and allowable emissions anticipated as a result ofthe revision. 4. The State's demonstration that the national ambient air quality standards, prevention ofsignificant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected ifthe plan is approved and implemented. 5. Modeling informationrequired to supportthe proposed revision, including input data, output data, models used, ambient monitoring data used, meteorological dataused, justificationfor use ofoffsite data (where used), modes of models used, assumptions, and other information relevant to the determination ofadequacy ofthe modeling analysis. program was in effect in all states that did not adopt California's LEV program, including all ofVirginia. 3. NotApplicable. The NLEV framework provided for the replacement ofthe NLEV program ifEPA adopted more stringent Federal Tier 2 standards. The Tier 2 program was demonstrated by EPA to gain additional emissionreductions beyond those ofthe NLEV program it replaced.

·4. NotApplicable. 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 ofthe ozone NAAQS. 5. Not Applicable. The regulatory framework that created the NLEV programplanned for the replacement ofNLEV by Tier 2 beginning in model year 2004 (fully phased inby MY 2006). 17 The Regulatory Impact Analysis for the Federal Tier 2 rule contained the technical demonstration that Tier 2 more than offsetthe benefits ofthe NLEV program

### EPA REQUIREMENT STATE SUBMITTAL (X) 6. Evidence, where necessary, that emission limitations are 6. Not Applicable. The repeal ofVirginia's NLEV program**~** based oncontinuous emission reduction technology. does not create any new emissions limitations. The Federal Tier 2 program that replaced the NLEV program operates independent ofVirginia's action to repeal the defunctNLEV program. 7. Evidence thatthe 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 ofits NLEV program**~** compliance will be determined in practice. does not impact compliance, as the program was superseded by the Federal NLEV program priorto Virginia's action. Virginia has no authority to enforce the Federal Tier 2 program under the FMVCP. 9. Special economic and technologicaljustifications required 9. Not Applicable.**~** by any applicable EPA policies. (Ifa 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.