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# STATE OF COLORA.DO

Bill Ritter, Jr., Governor Martha E. Rudolph, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230-6928 TDD Line (303) 691-7700 (303) 692-3090 Located in Glendale, Colorado http://www.cdphe.state.co.us June 4, 2010 Callie Videtich, Air Program Director U.S. Environmental Protection Agency Region 8 1595 Wynkoop St. Denver, Colorado 80202-1129 Dear Ms. Videtich: Colorado Department ofPublic

### Health andEnvironment

I am submitting this letter and attachment in response to the U.S. Environmental ProtectionAgency'srequest to certify that Colorado meets the requirements ofSection llO(a)(l) and (2) ofthe Clean Air Act for the 2006 PM2.5 National Ambient Air Quality Standards. Colorado has a well developed regulatory program that meets the "infrastructure" elements for State Implementation Plans as outlined in CAA Section llO(a)(l) and (2) for all NAAQS. With regard specifically to the 2006 PM2.5 standard, the Colorado Air Quality Control Commission has full authority to regulate particulate emissions, regardless ofsize. In regardto interstate transport, Colorado commitstoprepare the appropriate demonstration showing that Colorado is complying with the significant contributions to nonattainment and the interference with maintenance provisions for the 2006 PM2.5 standard. Such a demonstration will be broughtto the Colorado Air Quality Control Commission in 2010 for submittal to EPA in 2011. Forprevention ofsignificant deterioration and visibility, Colorado submitted a SIP revision on March 31, 2010 that addresses these portions ofinterstate transport. The attached document outlines the Colorado provisions, programs and efforts to meetthe requirements of Section llO(a) (1) and (2) ofthe Clean Air Act. The document is not intended to modify or amend any portion or provision ofColorado's SIP.

MarthaE. Rudolph

.Executive Director Attachment

cc: Monica S. Morales, Unit Chief, Air Quality Planning and Management Unit, U.S. EPA Region 8 Kathy Dolan, Air Quality Planning and Management Unit, U.S. EPA Region 8 Paul Tourangeau, Director, Air Pollution Control Division, CDPHE Doug Lempke, Technical Secretary, Colorado Air Quality Control Commission

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### State ofColorado Provisions to Meet the Requirements ofSection llO(a) (1) and (2) ofthe Clean Air Act
Section 110 (a)(l) State Implementation Plan for National Ambient Air Quality Standards Colorado has established the following State Implementation Plan elements to address criteria pollutants in areas that have violated the National Ambient Air Quality Standards (NAAQS)



### Section 110 (a)(2)(A)- Emission Limits and Other Control Measures Enforceable emission limits and control measures are detailed in the various Air Quality Control Commission regulations for all sources ofcriteriapollutants as well as hazardous air pollutants, VOCs, CFCs, smoke and odors. A summary ofthe regulations is found below under section 110 (a)(2)(C). 

### Section 110 (a)(2)(B)- Ambient Air Quality Monitoring and Data System The provisions for episode monitoring, data compilation and reporting, public availability of information, and annual network reviews are found inthe statewide monitoring SIP which was approved by EPA onJuly 9, 1980 (45 FR46073) and August 11, 1980 (45 FR 53147). The State has since revised the monitoring SIP to include all newfederal requirements. The revised SIP includes a commitmentto operate a particulate monitoring network in accordance with EPA regulations (40 CFRPart 58.20 and Appendices A through G). The Colorado Air Quality Control Commission adopted monitoring SIP revisions on March 18, 1993.

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- Colorado 110 SIP Elements May 2010As part ofthe Monitoring SIP, Colorado submits a Colorado Annual Monitoring Network Plan each year for EPA approval. The plan details monitoring locations for all criteriapollutants, including PM 2.5, and lists the quality assurance accuracy audits and precision checkmethodsperformed for each monitor. The Colorado AirPollution Control Divisionperiodically submits a Quality Management Plan and a QualityAssurance Project Plan to EPARegion VIII. These plans cover procedures to monitor, analyze data and report datato an EPA central database. The State of Colorado has an approved monitoring SIP, a plan and authority for monitoring, and the ability to properly handle all related data. 

### Section 110 (a)(2)(C)- Program for Enforcement ofControlMeasures Colorado has an approved SIP regulating the construction andmodification ofstationary sources as necessaryto assure that the National Ambient AirQuality Standards are achieved (Colorado Air Quality Control Commission Regulation 3), including a permitprogram as required in Parts C and D ofthe federal Clean AirAct. Colorado has an approved SIP whichprovides for the enforcement ofthe control measures required by CleanAirAct Section 110 (a)(2)(C). Many ofthe Colorado Air Quality Control Commission (AQCC) Regulations address in some mannerthe programs for enforcement ofcontrol measures. Some ofthese AQCC regulations and otherrelevant Colorado-specific programs that are inthe SIP are described below:**~** Regulation 1, Particulates, Smokes, CarbonMonoxide, and SulfurDioxides

-- Regulation 1 sets forth emissions limitations, equipmentrequirements, and work practices (abatement and control measures) intended to control the emissions ofparticulates, smoke and sulfuroxides from new and existing stationary sources. Control measures specified inthis regulation are designed to limit emissions into the atmosphere and thereby minimize the ambient concentrations of particulates and sulfur dioxides.**~** Regulation 3, Stationary Source Permitting and Air Pollution EmissionNotice Requirements

-- Regulation 3 provides for a procedural permitting program and requires air pollution sources to file Air Pollution Emissions Notices (APENs). Theregulation also requires that new or modified sources ofair pollution, with certain exemptions, obtain preconstructionpermits. Regulation 3 has been revised to incorporate PM2.5 emissions, requiring major sources in the state to be subject to Preventions ofSignificant Deterioration (PSD) andNewSource Review (NSR) permittingthresholds for PM2.5 at the same level as PM10. EPAhas not yet promulgatedthe PM2.5 NSR Implementation Rule, which will specify howPM2.5 emissions should be treated for PSD and major source NSR sources. Uponpromulgation, the Commission intends to incorporate those changes into Regulation 3 as well. Regulation 3 also was revised in 2008 to address ozone formation in the Denver Metro

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Area/North Front Range Ozone nonattainment area. Specifically, the Commission adopted revisions to control and reduce ozone precursoremissions. The revisions are part ofthe federally-enforceable SIP and help Colorado make progress toward eventual compliance with the 2008 ozoneNAAQS set at 0.075 ppm.**~** Regulation 4, Woodburning Controls-- Regulation4 requires that newwoodstove and fireplace inserts meetthe federal certificationrequirements 

### in specified areas ofColorado.**~** Regulation 7, Volatile Organic Compounds Control

-- Regulation 7 controlsthe emissions of volatile organic compounds, primarily in the Denver-metro area. It sets standards and mandates controls for specific types ofvolatile organic compound sources. In 2008 Regulation 7 was revised to increase control requirements for oil and gas condensate tanks, glycol dehydrators and reciprocating internal combustion engines. These revisions were made as part ofthe state's Ozone State Implementation Plan**~** Regulation 11, Motor Vehicle Inspection

-- Regulation 11 requires automobile emission inspection and maintenance programs to be implemented in specified areas ofthe state for gasoline poweredon-roadvehicles. Theseprograms applyto businesses, industry, and the general public. 

### In addition, the State'sAutomobile Inspection and Readjustment (AIR) program'spurpose is to reduce motor vehicle related pollutionthrough the inspection and emissions related repair ofautomobiles. The program, as defined inRegulation 11, works in specific areas ofthe State ofColorado and requires motorvehicles to meet emission standards through periodic inspection and, as necessary, repair.**~** Regulation 16, Street Sanding and Sweeping

-- Regulation 16 sets specification standards for street sanding material and street sweeping practices inthe Automobile Inspection and Readjustmentprogram area and Denver-metro particulate attainment/maintenance area.**~** Common Provisions Regulation

-- The Colorado Air Pollution Control Division may require owners and operators ofstationary air pollution sources to install, maintain, and use instrumentation to monitor and record emission data as a basis for periodic reports to the Division under the provisions ofthe Colorado Air Quality Control Commission Common Provisions regulation. 

### Section 110 

### (a)(2)(D)- Interstate Transport For interstate transport, the State's SIP needs to contain four provisions to ensure that Colorado emissions and pollutants do not:

• significantly contribute to nonattainment in another State; • interfere with maintenance ofthe NAAQS by another state; • interfere with another State's measures to prevent significant deterioration ofair quality;

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### and • interfere with another State's measures to protect visibility. Colorado has addressed federal interstate transport requirements for the 1997 ozone and PM2.5 NAAQS with an interstate transport SIP revision submitted to EPA March 31, 2010. With regards to the 2006 PM2.5 standard, Colorado commits to prepare the appropriate demonstration showing that Colorado is complying with the significant contributions to nonattainment and the interference with maintenance provisions. Such a demonstration will be brought to the Colorado Air Quality Control Commission in 2010 for submittal to EPA in 2011. Forprevention ofsignificant deterioration and visibility, Colorado's March 31, 2010 submittal addressed these portions ofinterstate transport for 1997 ozone and PM2.5 NAAQS as well as the 2006 PM2.5 NAAQS, which is summarized below: For PSD with regard to PM2.5, in adopting revisions to RegulationNumber 3 on February 21, 2008, it was noted that a final implementationrule onPM2.5 has not been issued and the permitting thresholds were the same as PM10 emissions. This language inthe Statement ofBasis and Purpose ofthis revision demonstrates Colorado's commitmentto apply the PM10 surrogate for PM2.5 practice (see Basis and Purpose 

### 1.0.0., February 21, 2008). Thus, the implementation ofColorado's PSD and NNSRpermittingprogramprevents significant deterioration in neighboring states and thereby satisfies section 110(a)(2)(D)(i)(II) ofthe CAA. Colorado's permittingprogram requires that demonstrations be made for all areas that are potentially impacted by emission from a proposed major source ormodification. A PSD permit may not be issued unless the new ormodified source demonstrates that emissions from the construction or operation ofthe facility will not cause or contribute to air pollution in any area that exceeds any NAAQS. A NNSR permit may not be issued unless the source shows it has obtained sufficient emissions reductions to offset increases in emissions ofthe pollutants for which an area is in nonattainment, consistent with reasonable further progress toward attainment. Colorado further confirms that major sources ofPM 2.5 are subject to PSD and NNSR permittingprograms implemented in accordance with EPA's interim guidance calling for use of PM 10 as a surrogate for PM 2.5. See RegulationNumber 3, Part A Sections I.B.6 and I.B.16 and Part B, Sections II.D.2 and II.D.3. Colorado implements a transitional program satisfying 40 CFR 51.166 by expressly identifying PM 2.5 and PM10 as pollutants. Colorado is not including additional measures to prevent pollution in excess ofincrements until EPA has defined PSD increments for PM 2.5. Regarding visibility for PM2.5, Colorado's visibility protection program contains adequate

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provisions that are either in the SIP or submitted for inclusion into the SIP to prohibit any source or other type ofemission activity in the state from emitting airpollutants in amounts that will interfere with measures required to be included in the applicable implementation plan ofanother state to protect visibility. Colorado's implementationplan also adheres to the directions set forth in EPA's applicable guidance interpretingthis section ofthe Clean Air Act. The plan submitted to EPA on March 31, 2010 demonstrates that there is a significant downward trend in Colorado's visibility impairing emissions, visibility in surrounding Mandatory Class I Areas is improving overtime, and regional modeling indicates that Colorado has an extremely small contributionto out-of-state haze. Thus, air pollution sources and other types ofemission activity within the State ofColorado do not interfere with measures required to be included in the applicable implementationplan ofanother state to protect visibility. Clean Air Act Section 110 (a)(2)(E)- Adequate Resources, State Boards, and Authority Personnel, Funding, and Authority There are no state orfederal provisions prohibitingthe implementation ofany provision ofthe Colorado SIP. 

### In general, Colorado provides the necessary assurances that funding, personnel, and authority exist an.d that the State ofColorado has responsibility for implementing local provisions. The Air Quality Control Commission (AQCC) adopted all ofthe regulatory provisions 

### inthe SIP pursuant to authority delegated to it by statute. The AQCC's general authority to adopt the rules and regulations necessary to implementthe SIP is set out 

### inthe Colorado AirPollution Prevention and Control Act Section 25-7-105 ofthe Colorado Revised Statutes (C.R.S.). The general authority for the Air Pollution Control Divisionto administer and enforce the program is set out at 25-7-111, C.R.S

.. Additional authority to regulate air pollution and implementprovisions inthe SIP is set out elsewhere in the Colorado AirPollutionPrevention and Control Act, Article 7 ofTitle 25. In addition, the AQCC and the Divisionhave the authority delegated to them in Sections 42-4-301 to 42-4-316, C.R.S. (concerning motorvehicle emissions) and42-4-414 (concerning emissions from diesel-powered vehicles). The AQCC's authority includes the authority to regulate particulate emissions, regardless ofsize (C.R.S. Section 25-7-109 (2)(b)). The Colorado Air Pollution Control Division has staffand an annual budget to operate its six programs (Stationary Sources, Mobile Sources, Indoor Air, Technical Services, Planning and Policy, Administrative Services). As ofJune 30, 2009, the Division employed 159 people and had a budget of $19.7 million for fiscal year 2009. Ofthe total budget, 17 percent was derived from federal grants, 32 percent from mobile source fees, 4 7percent from stationary source fees, and 4 percent from other cash sources. State Boards

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- Colorado 110 SIP Elements May 2010Section 128 ofthe CAA indicates Colorado's State Implementation Plan must contain requirements that anybody that approves permits orenforcement orders under the CAA must have a majority of members who represent the public interest and do not derive any significant portion oftheir income from persons subject to permits or enforcement orders. The AQCC's Procedural Rules, section 1.11.0 state that "The Commission shall have at least a majority ofmembers who represent the public interest and do not derive a significantportion of their income from persons subject to permits orenforcement orders under this article or under the federal act. The members ofthe Commission shall disclose any potential conflicts ofinterest that arise during their terms ofmembership to the other Commissioners in a public meeting of the Commission." 

### Relationships with otheragencies responsiblefor carryingoutState activities The Colorado AirPollution Control Division contracts with local governments in two distinct ways: 1. Colorado grants monies to local health departmentsto endowthem as agents ofthe State to provide inspections ofsome local stationary sources, asbestos abatementjobs, and CFC sources. Some local health departments also operate gaseous and particulate monitors under contract for the state. These efforts must comply with federal and state regulations. 2. Colorado grants monies to local governments to help pay for their support ofSIP elements viapublic andprivatepartnerships, education and informational campaigns. Most ofthese agencies create their own workplanthat consists ofprograms they believe will help enhance airquality in their communities in accordance with general SIP directives. Colorado has adopted specific regulations for local attainment/maintenance areas to assure these areas meet requirements ofthe state SIP. These regulations include The Colorado Air Quality Control Commission SIP-specificregulations, 5 CCR 1001-20. These regulations providethe necessary authority for the Colorado Air Pollution Control Divisionto adequately enforce the provisions ofthe SIP elements in local attainment/maintenance areas. 

### Clean AirAct Section 110 (a)(2)(F)- Stationary SourceMonitoring System Colorado Air Quality Control Commission Regulations 1, 3, and 6 address the issue ofstationary source monitoring. Colorado Regulation 1 sets forth emission limitations, equipmentrequirements and work practices (abatement and control measures) intendedto control the emissions of particulates, smoke, and sulfur dioxides from new and existing stationary sources. Colorado Regulation 3 requires stationary sources to reporttheir emissions on a regularbasis through Air Pollution EmissionNotices (APENs). This air pollutantinventoryprogram is described in the Colorado Pollution Prevention and Control Act Section 25-7-114.1 (C.R.S.) and in Colorado Regulation 3, Part LVIII that allows for monitoring and record keeping ofairpollutants. Colorado Regulation 6 sets standards ofperformance for new stationary sources in the state and establishes monitoring system requirements.

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The Colorado Air Pollution Control Division may require owners and operators ofstationary air pollution sources to install, maintain, and use instrumentation to monitor and record emission data as a basis for periodic reports to the Division underthe provisions ofthe Colorado Air Quality Control Commission Common Provisions regulation.

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- Colorado 110 SIP Elements May 2010

### Section 110 (a)(2)(G) - Emergency Power The State has the authority to implement emergency powers similarto Section 303 ofthe Clean Air Act First, the EPA-approved "DenverEmergency Episode Plan" addresses ozone, particulate matter (PM1 0), and carbon monoxide for the Denver metro region and requires the State to implementprotective measures when air quality exceeds defined thresholds. Additionally, the Colorado Pollution Prevention and Control Act Sections 25-7-112 and 25-7-113, which have various sections similarto 42 USC 7603, generally describe Colorado's authorityregarding Emergency Episodes. Forexample, 25-7-112 (2) provides the Governorthe authorityto implement emergencyprovisions through an orderto the Colorado AirPollution Control Division. As described in EPA's September25,2009guidance, areas thathave had a PM2.5 exceedance greaterthan140.4 ug/m3 shouldhave anemergency episodeplan. Ifno such concentrationwas recorded since 2006, the state canrely on its general emergency authorities. Colorado has never recorded such a PM2.5 level and thus an emergency episode plan for PM2.5 is not necessary. Never-the-less, the State hereby certifies that it has the appropriate emergency powers to address PM2.5 episodes, as described above. Additionally, the State implements EPA's air quality index system and typically issues alerts and advisories to the public when any pollutant is expected to or exceeds an AQI index value of 100. If PM2.5 concentrations are expected to or actually exceed EPA'srecommended index value thresholds of201 (alert), 301 (warning), 350.5 (significant harm), or401 (emergency), the State can invoke emergencypowers. 

### Section 110 (a)(2)(H)- Provisions for SIP Revisions Due to NAAQS Changes or Findings ofInadequacies The State ofColorado has the ability and authorityto address andrevise the State Implementation Plan due to changes in the National Ambient Air Quality Standards (NAAQS) ordueto findings of inadequacies. The Colorado Air Quality Control Commissionhas the authority and the duty to adopt and revise a State Implementation Plan as necessaryto comply with the federal requirements. Colorado Air Pollution Prevention and Control Act Section 25-7-105 (1)(a)(I) (C.R.S.) directs the Colorado Air Quality Control Commissionto promulgate rules and regulations as related to a comprehensive State Implementation Plan which will assure attainment and maintenance ofthe NAAQS and which will prevent significant deterioration ofair quality in the State ofColorado. Colorado Air Pollution Prevention and Control Act Section 25-7-109 (C.R.S.) also gives the Colorado Air Quality Control Commission the authority to promulgate emission control regulations.

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Section 110 (a)(2)(1)- Provisions for Nonattainment Areas to Meet the Applicable Requirements ofPartD While the EPA sectionllO SIP guidance dated October 2, 2007 excludes the need for determinations under Part I, Colorado meets the applicable requirements for SIPS and SIP revisions in nonattainment areas as explained above under part D. 

### Section 110 (a)(2)(J)- Consultation Engineering and meteorological consultation is provided bythe State to local agencies. The State assists local agencies in planning airmanagement programs for theirrespective areas. The Colorado Air Quality Control Commissionholds public meetings and hearings on all State Implementation Plan revisions 

### in accordance withthe Air Quality Control Commission Procedural Rules. Public comment is solicited and accepted at Colorado Air Quality Control Commissionmeetings and hearings. Colorado's Transportation Conformity Rule, Regulation 10, specifies consultation procedures for SIP revisions 

### in Section IV.F. Also, as part ofthe State ofColorado's Visibility SIP, the Colorado Air Pollution Control Division consults with the Federal Land Managers and other states as necessary and required. 

### Section 110 (a)(2)(J)- Public Notification Colorado notifies the public ofinstances orofareas in which any national primary ambient air quality standard is exceeded. Included in this notification are public awareness announcements regarding health hazards and manners in which the public canparticipate in regulatory and other efforts to improve Colorado's air quality. Not only does the Stateprovide after-the-fact information about readings in excess ofthe NAAQS, the DenverPM10 SIP provides for advance warnings to the public that the NAAQS may be exceeded whenevermeteorological conditions make itpossible or likely for ambient concentrations to exceedthe NAAQS. The Colorado Air Pollution Control Divisionprepares a daily public notification in the form of an Air Pollution Advisory for a nine-county Denver-Boulder metropolitan and North Front Range area and the communities ofFort Collins, Greeley and Colorado Springs. The advisory is posted on the Division website and includes details ofthe day's air quality and visibility, a forecast ofthe coming day's air quality, residential burning restrictions and voluntary motor vehicle driving reduction requests during the winterhigh pollution season. The advisory includes links to an open burning forecast and other important information such as the day's Air Quality Index, the health effects ofspecific pollutants and measures that can be taken by the public to reduce exposure. While not part ofColorado's SIP, the advisories are part ofan ongoing commitment by the State to inform and educate citizens about air quality.

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- Colorado 110 SIP Elements May 2010Other Colorado communities also maintain and operate daily air quality forecasts, including Mesa County on the Western Slope and El Paso County in the Colorado Springs area. The State has developed Natural Events Action Plans that include public notification and education elements. While not a formal part ofthe state SIP, the plans include provisions to notifythe public about actions to take during imminentblowing dust and wildfire events that could leadto high levels ofparticulate matter. 

### Clean AirAct Section 110 (a)(2)(J)- Prevention ofSignificant Deterioration and Visibility Protection Prevention ofSignificant Deterioration Colorado Air Quality Control Commission Regulation 3 (Stationary Source Permitting and Air Pollution Emission Notice Requirements), Regulation 6 (Standards ofPerformance for New Stationary Sources) and Colorado's Long Term Strategy for Visibility Protection adequately address Prevention ofSignificant Deterioration and Visibility Protection. For example, new major stationary sources or major modifications are restricted intheiremissions in orderto protectthe PSD incrementunder Colorado Air Quality Control CommissionRegulation 3. Prevention of Significant Deterioration and visibility analyses are also required byNew SourceReview regulations ofColorado. Colorado is requiredto reviewnewmajorstationary sources and major modifications priorto constructionto assesspotential impacts onvisibility in any Class I Area. Colorado Air Quality Control CommissionRegulation 3.XI.E, "New Source Review" (Appendix D) describes the applicant's demonstrationthatthe proposed source will nothave an adverse effect on visibility in Class I Areas. Visibility ForPM2.5, Colorado's visibilityprotectionprogram contains adequate provisions that are either in the SIP or submitted for inclusion into the SIP to prohibit any source or othertype ofemission activity inthe state from emitting airpollutants in amounts that will interfere with measures required to be included in the applicable implementationplan ofanother state to protect visibility. Colorado's implementation plan also adheres to the directions set forth in EPA's applicable guidance interpreting this section ofthe Clean Air Act. The plan submitted to EPA onMarch 31, 2010 demonstrates that there is a significant downward trend in Colorado's visibility impairing emissions, visibility in surrounding Mandatory Class I Areas is improving over time, and regional modeling indicates that Colorado has an extremely small contribution to out-of-state haze. Thus, airpollution sources and othertypes ofemission activity within the State ofColorado do not interfere with measures required to be included in the applicable implementation plan ofanother state to protect visibility.

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### Clean Air Act Section 110 (a)(2)(K) - Air Quality Modeling and Data Handling Colorado has the authority and resources to model for criteriapollutants, including PM2

### .s. Air quality modeling is done for SIP revisions and for transportation conformity. Colorado Regulation 3 (Stationary Source Permitting and AirPollution EmissionNotice Requirements) requires stationary sources to predictthe effect ofairpollutants in attainment areas. Regulation 3 also details the State ofColorado'sprogram regarding permitting as related to airquality modeling and datahandling in predicting the effectofemissions ofapollutantwith an establishedNAAQS. Regulatory requirements for Air Quality RelatedValues as related to modeling are described within Colorado Regulation 3, Part B subsection X and XI. A permitmodification for purposes ofthe acidrain portion ofa permit are governed byregulations promulgated underTitle 

### N ofthe federal act, found in 40 CFRPart 72 as described under Colorado Regulation 3, Part C, subsectionX.K. The Modeling, Meteorology, and Emission Inventory Unit withinthe Colorado AirPollution Control Division performs andreviews airquality impact analyses for a variety ofprograms, including state implementationplanrevisions, transportation conformity determination, stationary source permitting, environmental impact statements, and hazardous waste site studies. The analyses include modeling, meteorological analysis, and emission inventory development for mobile sources and area stationary sources such as woodburning. The unit also performs air quality forecasting for the Denver-area High Pollution Season, openburning, and for special airquality studies. Additional information regarding these programs and authority is provided below. Some ofthese programs are found in the SIP. For example, both Colorado Air Quality Control Commission Regulation4 (Woodburning) and the Denver PMto SIP address State airquality modeling programs. PSD and Increment Consumption

- Colorado's PSD program includes a requirement that the State periodically assess the adequacy ofits plan to prevent significant deterioration ofair quality. This is presented in Regulation 3, Part B, Section VII. In addition, Regulation 3, PartA, SectionVIII- "Technical Modeling and Monitoring Requirements" statesthat all estimates ofambient concentrationsrequired under Regulation 3 shall bebased onthe applicable air quality models, data bases, and otherrequirements generally approved by EPA and specifically approved by the Division. State Implementation Plan (SIP) Development

- Modeling is performed in the development and revision ofState Implementation Plans, as needed, to ensure that specific areas ofthe state will maintain or re-attain compliance withthe NAAQS in light ofdevelopment and increased population and traffic. Permits- The primary Colorado regulation for air quality permits is Colorado Air Quality Control Commission Regulation No. 3. Certain new/modified air pollution sources are subject to the regulatory modeling requirements in Regulation 3. Regulation 3, Part A, subsection VIII describes Colorado's technical modeling and monitoring requirements. Modeling is often required to obtain a construction permit. While modeling is not required to obtain an operating permit, it may be

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- Colorado 110 SIP Elements May 2010required ifthe operating permitis modified (in Regulation 3, Part C, subsection X- MinorPermit Modification Procedures). Operating permits may also be subject to modeling ifthe application is for a combined construction/operatingpermit (in Regulation 3, Part C, subsection III.C.l2.d). 

### Clean AirAct Section 110 (a)(2)(L) -PermittingFees The State ofColorado requires the owner or operator ofa major stationary source to paythe Colorado Air Pollution Control Division any fee necessaryto coverthe reasonable costs of reviewing and acting upon any permit application. The collection offees is described in Colorado Air Quality Control Commission Regulation 3. Specifically, Regulation 3, Part A.VI describes how each applicant required to obtain a permit must pay a fee, including the cost ofpermit review and relevant actions. Also, stationary source owners oroperators must pay an annual fee based ontotal emissions. The funds are used by the State to administerprograms for the control ofair pollution from stationary sources. 

### Clean AirAct Section 110 (a)(2)(M)- Consultation/Participation by 

### Affected Local Entities Colorado Air Quality Control CommissionRegulation 10, "TransportationConformity," defines the criteriathe Colorado Air Quality Control Commissionuses fortransportationconformity detc1minations to develop SIP revisions innon-attainment areas. Interagency consultation requirements are detailed inReg. 10, andmeetthe federal requirements under40 CFR 51.390, as published at 62 Fed. Reg. 158 (August 15, 1997). Colorado Air Quality Control Commission Regulation 3 also provides for consultation andparticipationbylocal entities. Local governments receive notice and have the opportunityto comment on and participate in constructionpermit reviewprocedures and operating permit applicationprocedures. The Colorado Air Quality Control Commissionholds a public hearing before adopting any regulatory revisions to the SIP. Local political subdivisions may participate in the hearing.

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