July 31, 2015 

Amended August 5, 2015, August 6, 2015 and August 17, 2015 

Memorandum to Docket ID # EPA-R08-OAR-2015-0493 

Subject: Communication with State of Colorado regarding discrepancies in SIP submittals 

From: Jaslyn Dobrahner, Environmental Protection Specialist 

 Environmental Protection Agency, Region 8 

On July 28, 2015, EPA and the State of Colorado discussed the following discrepancies with the 

state’s SIP submittal dated March 31, 2010 revising the Common Provisions Regulation: 

• EPA noted that the last two sentences in the definition of “Incinerator” of the Common 

Provisions Regulation are not in the current SIP or marked as revisions in the March 31, 

2010 submittal. 

• Likewise, there are several compounds listed in the definition of “Negligibly Reactive 

Volatile Organic Compounds” (NRVOC) that are not in the current SIP or marked as 

revisions in March 31, 2010 submittal: (‘1, 1, 1, 2, 2, 3, 3, -heptafluoro-3-methoxypropane’; ‘3-ethoxy-1, 1, 1, 2, 3, 4, 4, 5, 5, 6, 6, 6-dodecafluoro2(trifluoromethyl)hexane’; ‘methyl formate’; and ‘1, 1, 1, 2, 3, 3, 3-heptafluoropropane’) 

• EPA also noted that there is a missing quotation mark in section I.B. and an incorrect 

abbreviation for microgram in section I.F. Both of these inconsistencies may alter the 

meaning of the regulatory language and cause confusion. 

In addition to the above discrepancies, EPA also requested the state provide additional 

clarification on the following revisions from the May 16, 2012 and May 13, 2013 submittals 

revising Regulation Number 3, Part D: 

• EPA asked why the state moved section II.A.26.d. to a new section at II.A.26.c.(iii) 

• EPA also inquired as to why II.A.40.5. was deleted.

• In addition, EPA requested clarification on the intent of the addition of text related to the 

PM2.5 surrogate policy found at VI.B.3.e. 

On July 31, 2015, the state provided the following responses (via email): 

• I.G. incinerator - Colorado adopted the two sentences at issue on 3/12/2004 as 

part of a Regulation 9 rulemaking. These revisions are included in Colorado's 

SIP submitted to EPA 7/21/2004, see attached. 

• I.G. NRVOC - Colorado added these compounds on 12/17/2009 (SIP submittal to 

EPA dated 3/31/2010) to ensure consistency with the list contained in 40 CFR 

51.100(s), which added the compounds on 11/29/2004.

• I.G. NRVOC (tertiary butyl acetate) - Colorado will consider making EPA's 

suggested revision in a future rulemaking. 

• I.B. and I.F. - Colorado will consider making EPA's suggested revisions in a 

future rulemaking. 
Concerning your questions about Colorado's Regulation 3 SIP: 

• Part D, Section II.A.26.c.(iii) - this revision was a correction as, prior to the NSR 

Reform revisions and reorganization of Regulation 3, this paragraph was under 

the "increase or decrease is credible" heading. 

• Part D, Section II.A.40.5 - the definition of representative actual annual 

emissions was deleted as part of Colorado's NSR Reform revisions. The entire 

definition was underlined in Regulation 3 for future deletion in 2004 but, due to 

a formatting issue, was only partially underlined by the time Colorado was able 

to make those follow-up NSR revisions after EPA's approval of the NSR 

revisions in 2012. This definition also no longer exists in 40 CFR Part 51. 

• Part D, Section VI.B.3.e. - the January 13, 2011, letter from the Division to EPA 

concerning the PM2.5 Surrogate Policy is attached. 

Please let me know if you have additional questions about these submittals. 

On August 5, 2015, Jaslyn Dobrahner, US EPA, called Leah Martland, Colorado Department of 

Public Health and Environment, to discuss Colorado’s responses. From this call, the following 

resolutions were made: 

With respect to the state’s March 31, 2010 submittal revising the Common Provisions 

Regulation, the state will provide to EPA: 

• a request, with appropriate justification, to add the last two sentences to the definition of 

“incinerator”; 

• a request, with appropriate justification, to add several compounds to the definition of 

“NRVOC”; and 

• a commitment to fix errors in I.B. and I.F. 

With respect to the state’s May 16, 2012 and May 13, 2013 submittals revising Regulation 

Number 3, Part D, EPA noted that the July 31, 2015 state response should be sufficient to 

proceed with acting on these submittals. No further information is needed from the state at this 

time. 

On August 6, 2015, the state provided the following responses (via email): 

As a follow up to our conversation concerning your review of Colorado's SIP 

Submittals #21, #126, and #182:

Colorado requests EPA approve the definition of NRVOC in Colorado's Common 

Provisions that includes "1,1,1,2,2,3,3,- heptafluror-3-methoxy-propane; 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluror-2(trifluoromethyl)hexane; methyl formate; and 

1,1,1,2,3,3,3-heptafluroropropane." Colorado added these compounds to the definition 

of NRVOC on December 17, 2009, to ensure consistency with 40 CFR 51.100(s). 

Colorado requests EPA approve the definition of Incinerator in Colorado's Common 

Provisions that includes "Excludes devices commonly called Air Curtain Destructors 
used exclusively to burn 100% wood waste, clean lumber, or yard waste generated as a 

result of projects to reduce the risk of wildfire and is not operated at a commercial or 

industrial facility. Any Air Curtain Destructor subject to 40 CFR Part 60 incinerator 

requirements is considered an incinerator." Colorado added these two sentences to the 

definition of Incinerator on March 12, 2004, due to Colorado Regulation 9's use of the 

definition and to address the use of air curtain destructors for burning materials 

generated as a result of projects conducted to reduce the risk of wildfire. 

Colorado will revise Colorado's Common Provisions Section I.B. (add a missing 

quotation mark) and Section I.F. (correct the abbreviation for microgram) in a future 

rulemaking. 

Please let me know if you have additional questions.