" }' l 0 I 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 8 

Ref: 8P-AR 

1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://www.epa.gov/region08 

OCT 1 4 2008 

James B. Martin, Executive Director 

Colorado Department of Public Health 

and Environment 

4300 Cherry Creek Drive South 

Denver, Colorado 80246-1530 

Dear Director Martin: 

We received the State's June 11 , 2008 submittal of the revisions to Regulation 

Number 11 , Vehicle Emissions Inspection Program. 

We have reviewed these State Implementation Plan (SIP) materials for conformance with 

the completeness criteria in 40 CFR Part 51, Appendix V and have determined that the State's 

June 11 , 2008 SIP revision submittal pertaining to Regulation Number 11 , Vehicle Emissions 

Program is administratively and technically complete. 

If you have questions, you may contact me or Callie Videtich, Air Program Director, at 

(303)312-6434. 

Sincerely, 

Carol Rushin 

Acting Regional Administrator 

cc: Martha Rudolph, Director of Environmental Programs 

Colorado Department of Public Health 

and Environment 

Paul Tourangeau, Director 

Air Pollution Control Division 

Colorado Department of Public Health 

and Environment 

Douglas Lempke, Administrator 

Air Quality Control Commission 

@Printed on Recycled Paper 
STATE OF COLORl\00 

Bill Ritter, Jr., Governor 

James B. Martin, Executive Director 

Dedicated to protecting and improving the health and environment of the people of Colorado 

4300 Cherry Creek Dr. S. 

Denver, Colorado 80246-1530 

Phone (303)692-2000 

TDD Line (303) 691-7700 

located in Glendale, Colorado 

http://www.cdphe.state.co.us 

June 11, 2008 

Robert Roberts 

Regional Administrator 

US EPA Region VIII 

999 I 811i Street, Suite 500 

Laboratory Services Division 

8100 Lowry Blvd. 

Denver, Colorado 80230-6928 

(303) 692-3090 

.J 'L1'' j\; . l. !, ' .... ,,, 

USEPARN OtllCE 

o~ve,:-c;d1V2 

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Colorado Department 

of Public Health 

and Environment 

The follo~ ng;~tions are submitted to EPA for final approval and incorporation into the Colorado State 

Implementation Plan. Two copies of the materials needed for your review of each action are included with 

th is letter. 

>- Interstate Air Pollutant Transport State Implementation Plan 

>- Regulation Number I I, Vehicle Emissions Inspection Program 

)::> Regional Haze State Implementation Plan Element and Regulation Number 3, Part E 

>- Regulation Number 3, Part A; regarding Stationary Source Fees 

Colorado is working to complete the analyses on four more BART sources and to complete the reasonable 

progress analysis requirements for the federal regional haze rule. Colorado is not asking for parallel 

processing, but that you consider what we have submitted today. The BART and Reasonable Progress 

components will be forthcoming to EPA as soon as they can be resolved in our process. 

We look forward to your timely review and approval of this request. The Office of the Colorado Air Quality 

Control Commission may submit any additional technical support documentation or information that you may 

need for review directly to the EPA. Should there be any questions regarding these materials, please contact 

Doug Lempke at the Commission Office at 303-692-3478. 

Thank you . 

Sincerely, 

;\ rt~ · A\! ~ k lQh . \ox~----~ ,/ ~~svB. •Mar.ti 

\ utive Director 

' \ 'tJ. Martha Rudolph \) ( r1 1. ( L, r tJ f' ( J 

\_ « f"(/ ~ l_... d v v·~~ J I\ ~ ~i ~ l tP Paul Tourangeau I vr I V«/T 

Doug Lempke 
Completeness Determination: 

Revisions to the Regulation Number 11, 

Vehicle Emissions Inspection Program 

Governor's Submittal of June 11, 2008 

40 CFR 51 APPENDIX V CRITERIA 

2.1 Administrative Materials 

(a) A formal letter of submittal from 

the Governor or his designee, requesting 

EPA approval of the plan or revision 

thereof (hereafter "the plan"). 

(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. 

(c) Evidence that the State has the 

necessary legal authority under State law 

to adopt and implement the plan. 

(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. 

(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. 

1 

SUBMITTAL ITEM 

Letter dated June 11, 2008 

Notice of Final Adoption, July 5, 

2007, effective August 30, 2007. 

Statutory Authority C.R.S. §25-7-105 

to 110, 24-4-103, & 42-4-310. 

"Regulation Number 11, Vehicle 

Emissions Inspection Program." The 

Colorado Air Quality Control 

Commission adopted the regulation on 

June 21, 2007. The Notice of Final 

Adoption was published on July 5, 

2007. The regulation was published 

in the Colorado Code of Regulations 

on August 10, 2007 with an effective 

date of August 30, 2007. 

Submitted to Colorado Air Quality 

Control Commission (AQCC)for 

approval. Agenda Item Control Sheet 

(Colorado Air Quality Control 

Commission). June 21, 2007: 

Regulation Number 11, Vehicle 

Emissions Inspection Program, Notice 

of Final Adoption dated July 5, 2007, 

Douglas Lempke, Admin. AQCC. 
(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. -

(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. 

(h) Compilation of public comments and 

the State's response thereto. 

2.2 Technical Support 

(a) Identification of all regulated 

pollutants affected by the plan. 

(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). 

(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. 

(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. 

2 

Memorandum of Notice dated January 

24, 2007 to all affected and 

interested parties regarding the 

proposed revisions to Regulation No. 

11, Motor Vehicle Emissions 

Inspection Program. In a letter dated 

October 2, 2002, Casey Shpall, 

Colorado AG's office stated there is 

no State requirement to publish a 

notice in a newspaper for a Notice of 

AQCC rulemaking. As such, none was 

published. 

Air Quality Control Commission Public 

Hearing agenda/minutes, Opinion of 

the State Attorney General: July 9, 

2007: Regulation No. 11, Motor 

Vehicle Emissions Inspection Program. 

None included with the Governor's 

submittal. 

N/A 

Yes. Ozone 

Yes. 

N/A. No impact on emissions. 

No change in emissions. Emissions 

credit as part of the 8- hour ozone 

plan. 
(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. 

(f) Evidence, where necessary, that 

emission limitations are based on 

continuous emission reduction technology. 

(g) Evidence that the plan contains 

emission limitations, work practice 

standards and record keeping/reporting 

requirements, where necessary, to ensure 

emission levels. 

(h) Compliance/enforcement strategies, 

including how compliance will be 

determined in practice. 

(i) Special economic and technological 

justifications required by any applicable 

EPA policies. 

3 

N/A 

N/A. 

N/A. 

No changes. 

N/A