# STATE OF 

# COLOMDO

John W. Hickenlooper

, Governor Christopher E

. Urbina, MD

, MPH

Executive Director and Chief Medical Officer

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

Located in Glendale, Colorado

http : //www

. cdphe.state.co.us

March 7, 2013 Laboratory Services Division

8100 Lowry Blvd

. Denver

, Colorado 80230-6928 (303) 692-3090

Carl Daly

, Air Program Director

U.S. Environmental Protection Agency Region 8

, Mail Code 8P-AR

1595 Wynkoop St.
Denver, Colorado 80202-1129

Dear Mr. Daly: Colorado Department of Public Health and Environment

I am submitting this letter and attachment in response to the U.S. Environmental Protection Agency ' s request to certify that Colorado meets the requirements of Section 110(a)(l) and (2) of the Clean Air Act

for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards. Colorado has a well developed regulatory program that meets the "infrastructure" elements for State Implementation Plans (SIPs) as outlined in CAA Section 110(a)(l) and (2) for all NAAQS

.

The attached document, which has been through a 30-day public comment period, outlines the Colorado provisions, programs and efforts to meet the requirements of Section 11 0( a) (1) and (2) of the Clean Air

Act. The document is not intended to modify or amend any portion or provision of Colorado ' s SIP.

Sincerely,

Christopher E. Urbina

, MD, MPH

Executive Director and Chief Medical Officer

cc : Scott Jackson:

, Acting Unit Chief

, Air Quality Planning and Management Unit, EPA Region 8 Kathy Ayala, Air Quality Planning and Management Unit, EPA Region 8

William Allison, Director

, Air Pollution Control Division, CDPHE

Michael Silverstein, Administrator and Technical Secretary

, Air Quality Cqntrol Commission

AttachmentColorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 1 State of Colorado Provisions to Meet the Requirements of Section 110(a) (1) and (2) of the Clean Air Act

Section 110 (a)(1) State Implementation Plan for National Ambient Air Quality Standards

Colorado has established the following State Implementation Plan local elements to address criteria pollutants in areas that have violated the National Ambient Air Quality Standards (NAAQS)

.

NAAQS Location Status

1

- Hour Ozone Denver Attainment since 2001

1997 8

- Hour Ozone Northern Front Range Ozone

Area Nonattainment effective November 20, 2007. Ozone Action Plan SIP revision submitted to EPA June 18, 2009. Approved by EPA, August 5, 2011 ( 76 FR 47443 )

2008 8

- Hour Ozone Northern Front Range Ozone

Area Nonattainment (marginal classification) effective July 20,

2012 . ( 77 FR 30088 ) Nitrogen Oxide Denver Attainment since 1984

Lead Denver Attainment since 1984

Carbon Monoxide Colorado Springs Attainment since 1999

Carbon Monoxide Denver Attainment since 2002

Carbon Monoxide Fort Collins Attainment since 2003

Carbon Monoxide Greeley Attainment since 1999

Carbon Monoxide Longmont Attainment since 1999

PM10 Aspen Attainment since 2003

PM10 Canon City Attainment since 2001

PM10 Denver Attainment since 2002

PM10 Lamar Attainment since 2005

PM10 Pagosa Springs Attainment since 2001

PM10 Steamboat Springs Attainment since 2004

PM10 Telluride Attainment since 2001

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 of criteria pollutants , regulated New Source Review pollutants, as well as hazardous air pollutants, CFCs, smoke and od ors. A summary of the regulations is found below under section 110 (a)(2)(C).

The enforceable emission limits also apply to periods of startup, shutdown and malfunction. The Colorado Common Provisions Regulation, Sections II. E. and II. J. contain emissi on control provisions specific to startup, shutdown and malfunction events that are in Colorado’s SIP, which was approved by EPA on August 7, 2008 ( 73 FR 45879 )

.

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 in the federally

- approved statewide monitoring

SIP (58 FR 49435)

.Colorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 2 As part of the Monitoring SIP, Colorado subm its a Colorado Annual Monitoring Network Pl an each year for EPA approval. The plan details monitoring locations for all criteria pollutants, including the

EPA’s Ozone monitoring requirements under the the 2008 Ozone NAAQS , and lists the quality

assurance accuracy audits and precision check methods perform ed for each monitor.

The Colorado Air Pollution Control Division (Division) periodically submits a Quality Management Plan and a Quality Assurance Project Plan to EPA Region VIII. These plans cover proced ures to monitor, analyze data and report data to 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 of Control Measures

Colorado has an approved SIP regulating the construction and modification of stationary sources as

nec essary to assure that the NAAQS are achieved (Colorado Air Quality Control Commission Regulation 3), including a New Source Review (NSR) permit ting program as required in Title I, Parts C and D of the federal Clean Air Act. Colorado has an approved SIP which provides for the enforcement of the control measures required by Clean Air Act Section 110 (a)(2)(C).

Many of the Colorado Air Q uality Control Commission r egulations address

, in some manner

, the programs for enforcement of cont rol measures. Some of these regulations and other relevant

Colorado

- specific programs that a re in the SIP are described belo w:

 Regulation 1, Particulates, Smokes, Carbon Monoxide, and Sulfur Dioxides

-- Regulation 1 sets forth emissions limitations, equipment requirements, and work practices (abatement and control measures) intended to control the emissions of particulates, smoke and sulfur oxides from new and existing stationary sources. Control measures specified in this regulation are designed to limit emissions into the atmosphere and thereby minimize the ambient concentrations of particulates and sulfur dioxides.

 Regulation 3, Statio nary Source Permitting and Air Pollution Emission Notice Requirements

-- Regulation 3 provides for a procedural permitting program and requires air polluti on sources to
file Air Pollutant Emissions Notices (APENs). The regulation also requires that new or modified sources of air pollution, with certain exemptions, obtain preconstruction permits , and to meet the federal requirements of Prevention of Significant Deterioration (PSD) and Non

- a ttainment New Source Review ( N NSR )

. Colorado’s NSR program applies to all regulated NSR pollutants, including GHGs.

Regulation 3 has been revised to incorporate PM2.5 emissions

. On May 16, 2008, October 20, 2010, April 6, 2011 and May 18, 2011, EPA promulgated a series of rules regarding the regulation of PM2. 5 under the NSR permitting program. On November 15, 2007, Colorado’s Air Quality Control Commission adopted rule revisions that incorporated PM2.5 into the APEN and minor source permitting progr ams. EPA promulgated its final PM2.5 NSR Implementation Rule s in 2010, which specifies how PM2.5 emissions are treated for PSD and major source NSR sources. On October 20, 2011, Colorado’s Air Quality Control Commission adopted rule revisions requiring ma jor sources in the state to be subject to PSD andColorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 3 NSR permitting thresholds for PM2.5 at the same level as PM10. The 2007 revision was

submitted to the EPA in 2008

. The 2011 revision has been submitted to EPA.

Colorado’s minor source and PSD permitting program s apply to sources that emit GHG in accordance with EPA’s Tailoring Rule. The Colorado Air Quality Control Commission on October 21, 2010, adopted revisions throughout Regulation Number 3 to address GHG regulation in Colorado. These revis ions were made to incorporate EPA’s GHG Tailoring Rule into Colorado’s Title V and PSD Permitting Programs, and to extend synthetic minor permitting to Colorado’s stationary sources seeking federally enforceable limits to avoid major source or major statio nary source applicability thresholds specific to GHG. On October 20, 2011, Colorado’s Air Quality Control Commission adopted rule revisions that incorporated EPA’s Biogenic CO2 Deferral into Regulation 3. The 2010 revision has been

s ubmitted to EPA

.

Regulation 3 also was revised in 2008 to address ozone formation in the Denver Metro Area/North Front Range Ozone nonattainment area. Specifically, the Commission adopted

revisions to remove and/or revise several categorical APEN reporting and/or permittin g exemptions in order to improve the Division’s emissions inventory and for the sake of equity

. The revisions are part of the federally

- enforceable SIP and help Colorado make progress

toward eve ntual compliance with the 2008 O zone NAAQS set at 0.075 ppm.

 Regulation 4, Woodburning Controls

-- Regulation 4 requires that new woodstove and fireplace inserts meet the federal certification requirements in specified areas of Colorado.

 Regulation 7, Control of Ozone via Ozone Precursors and Nitrogen Oxides

-- Re gulat ion 7

controls the emissions of volatile organic compounds, primarily in the Denver

- metro area. It sets standards and mandates controls for specific types of volatile organic compound sources. In

2008

, Regulation 7 was revised to increase control requirements for oil and gas condensate

tank s, glycol dehydrators and reciprocating internal combustion engines. These revisions were

submitted to EPA in 2009 as part of the state’s State Implementation Plan for the 1997 Ozone

Standard

. EPA approv ed the associated Ozone attainment demonstration.

 Regulation 11, Motor Vehicle Inspection

-- Regulation 11 requires automobile emission inspection and maintenance programs to be implemented in specified areas of the state for gasoline powered on

- road veh icles. These programs apply to businesses, industry, and the general public. In addition, the State’s Automobile Inspection and Readjustment (AIR) program’s purpose is to reduce motor vehicle related pollution through the inspection and

emissions related r epair of automobiles. The program, as defined in Regulation 11, works in specific areas of the State of Colorado and requires motor vehicles 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 in the Automobile Inspection and Readjustment program area and Denver

- metro particulate attainment/maintenance area.

 Common Provisions Reg ulation

-- The Division may require owners and operators of stationary air pollution sources to install, maintain, and use instrumentation to monitor andColorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 4 record emission data as a basis for periodic reports to the Division under the provisions of the

Color ado Air Quality Control Commission Common Provisions regulation. Also, the Common Provisions Regulation contains emission control provisions specific to startup,

shutdown and malfunction events that are in Colorado’s SIP, which was approved by EPA on Augu st 7, 2008 (73 FR 45879)

.

Section 110 (a)(2)(D) (i)

- Interstate Transport

For interstate transport, the SIP needs to contain four provisions to ensure that Colorado emissions and pollutants do not :

**•** significantly contribut e to nonattainment in another S tate (Prong 1) ;

**•** interfer e with maintenance of the NAAQS by another S tate (Prong 2) ;

**•** interfer e with another State’s measures to prevent significant deterioration of air quality (Prong 3) ; and

**•** interfe re with another State’s measures to protect visibility (Prong 4)

.

Colorado has address ed federal interstate transport requirements for the 1997 ozone and PM2.5 NAAQS with an interstate transport SIP revision submitted to EPA March 31, 2010. EPA has since approved all four prongs of Interstate Transport for both the 1997 Ozone and PM2.5 standards.

EPA has not provided Interstate Transport (IT) Guidance for the 2008 Ozone standard , the 2010 NO2 standard, or the 2010 SO2 standard. Such guidan ce should establish any additional technical requirements associated with demonstrating whether a state has transport impacts on a nearby state(s). Colorado will review such guidance when it becomes available. Since all states are currently designated by EPA as unclassifiable/attainment for NO2, it is unlikely that Colorado contributes to nonattainment or interferes with maintenance for NO2 in any other state.

With regards to th e 2006 PM2.5 standard, the Colorado Air Quality Control Commission approved an Interstate Transport SIP in December 2011, which was submitted to EPA May 11.

Prong 3 of Interstate Transport deals with prevention of significant deterioration. As expl ained under section 110 (a)(2)(C), Colorado has revised it s SIP through revisions to Regulation No. 3

in 2007, 2010 and 2011 to have a PSD program that meets all federal requirements and that applies to all regulated NSR pollutants.

Thus, the implementation of Colorado’s PSD and N NSR perm itting program s prevent significant deterioration in neighboring states and thereby satisf y the PSD portion of 1 10(a)(2)(D)(i)(II) of

the CAA. Colorado’s PSD and N NSR permitting program s require that demonstrations be made for all areas that are potentially impacted by emission s from a proposed major source or

modification. A PSD permit may not be issued unless the new or modified source demonstrates

that emissions from the construction o r operation of the 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 of the p ollutants for which an area is in nonattainment, consistent with reasonable further progress toward attainment.Colorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 5 Prong 4 of Interstate Transport relates to visibi li ty. EPA published final approval of Colorado’s Regional Haze SIP in the Federal Register on December 31, 2012 (77 FR 76871)

. Colorado

relies on its Regional Haze SIP to demonstrate that the state does no t interfere with visibility in any other state.

Section 110 (a)(2)(D)(ii)

– Interstate and International Transport

The EPA guidance from October 14, 2011, indicates that states have no obligation at this time under Sections 115, 126 (b) and 126(c) of the CAA regarding interstate or international transpor t
because there are no peti ti ons or pending actions before EPA under these sections. Fur thermore,

the control measures in the SIP protect not only Colorado from NAAQS violations, but neighboring states and countries as well.

However, the guidance indicates an obligation under Section 126(a) that directs each SIP to include provisions requiring new or modified sources to notify neighboring states of potential impacts from the sources. Colorado’s approve d NSR program has a regulatory provision in place that requires notification of neighboring state s of potential impacts from sources, specifically, Regulation No. 3, Part D, Section IV

, provides for notice to any state , tribal governing body, federal land manager or local agency that may be affected by emissions from a major source or major modificati on subject to the PSD program.

Clean Air Act Section 110 (a)(2)(E)

- Adequate Resources, State Boards, and Authority Personnel, Funding, and Authority

There are no state or federal provisions prohibiting the implementation of any provision of the Colorado SIP. In general, Colorado provides the necessary assurances that funding, personnel, and authority exist and that the State of Colorado has responsibility for implementi ng local provisions. The Air Q uality Control Commission adopted all of the regulatory provisions in the SIP pursuant to authority del egated to it by statute. The Commission ’s general authority to adopt the rules and regulations necessary to implement the S IP is set out in the Colorado Air Pollution Prevention and

Control Act Section 25

- 7

- 105 of the Colorado Revised Statutes (C.R.S.). The general authority for the Division to administer and enforce the program is set out at 25

- 7

- 111, C.R.S. Additional

author ity to regulate air pollution and implement provisions in the SIP is set out elsewhere in the Colorado Air Pollution Prevention and Control Act, Article 7 o f Title 25. In addition, the

C ommission and the Division have the authority delegated to them in Sec tions 42

- 4

- 301 through

42

- 4

- 316, C.R.S. (concerning motor vehicle emissions) and 42

- 4

- 414 , C.R.S. (concerning emissions

from diesel

- powered vehicles).

The Air Quality Control Commission ’s authority includes the authority to regulate particulate

emissions , regardless of size (Section 25

- 7

- 109 (2)(b ), C.R.S. ).

The Division has staff and an annual budget to operate its six programs (Stationary Sou rces, Mobile Sources, Indoor Environment , Technical Services, Planning and Policy, Administrative Services).

T he Division employed 161 people and had a budget of $ 21.2 million for fiscal year 2011

.Colorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 6 Of the total budget, 21 percent was derived from federal grants, 31 percent from mobile source fees,

43 perc ent fr om stationary source fees, and 5 percent from other cash sources.

State Boards Section 128 of the CAA indicates Colorado’s State Implementation Plan must contain requirements

that any board or body which approves permits or enforcement orders under the CAA must have a majority of member s who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders.

The Air Quality Control Commission ’s Procedural Rules, section 1.11.0 state that “ The

Commission shall hav e at least a majority of members who represent the public interest and do not derive a significant portion of their income from persons subject to permits or enforcement

orders under this article or under the federal act. The members of the Commission shal l disclose any potential conflicts of interest that arise during their terms of membership to the other Commissioners in a pub lic meeting of the Commission.” AQCC Procedural Rules, section 1.11.0 were incorporated into Colorado’s SIP and approved by EPA on January 4, 2012 (77 FR 235).

Relationships with other agencies responsible for carrying out State activities The Division contracts with local governments in two distinct ways:

1. Colorado grants monies to local health departments to endow them as agents of the State to provide inspections of some local stationary sources, asbestos abatement jobs, and CFC sources. Some local health departments also operate gaseous and particulate monitors under contract for the state. These efforts must comply with federal a nd state regulations.

2. Colorado grants monies to local governments to help pay for their support of SIP elements via public and private partnerships, education and informational campaigns. Most of these agencies create their own work plan that consists of programs they believe will help enhance air quality 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 of the state SIP. These regulations include The Colorado Air Quality

Control Commission SIP

- specific regulations, 5 CCR 1001

- 20. These regulations provide the necessary authority for the Division to adequately enforce the provisions of the SIP elements in

local attainm ent/maintenance areas.

In addition, Colorado retains its full authority and responsibility to enforce the SIP and the Colorado Pollution Prevention and Control Act in local jurisdictions under the local government provisions of

25

- 7

- 128

, C.R.S

.

Clean Air Act Section 110 (a)(2)(F)

- Stationary Source Monitoring and Reporting

Colorado Air Quality Control Co mmission Regulations 1, 3, and 7 , as well as the Common Provisions Regulation, address stationary source mo nitoring.

Colorado Regulation 1 sets forth emission limitations, equipment requirements and work practices (abatement and control measures) intended to control the emissions of particulates, smoke, and

sulfur dioxides from new a nd existing stationary sources.Colorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 7 An Air P ollutant Emission Program is required in the Colorado Pollution Prevention and Control

Act Section 25

- 7

- 114.1

, C.R.S . APEN requirements are further defined in Regulation 3, which requires stationary sources to report their emissions on a regular basis through APENs. These

r equirements are found in Regulation 3, Part A, Section II

, “Air Pollutant Emission Notice Requirements.”

Regulation 3 also requires stationary sources to monitor their emissions under certain conditions.

Part A

. S ection VIII requires monitoring performed in accordance with EPA accepted procedures,

and r ecord keeping of air pollutants.

Regulation 3 also provides for a permitting program that establishes emission limitat ions and

standards. E missions must be reported by sources to the state for correlation w ith applicable

emissions limitations and stan dards. Monitoring may be required for both construction and operating permits.

Regulation 7 includes requirements for owners and operators of VOC sources to conduct monitoring , keep records, and report results to the Division.

The Common Provisions Regulation may require owners and operators of stationary air pollution sources to install, maintain, and use instrumentation to monitor and record emission data as a basis for periodic reports to the Division

.

Section 110 (a)(2)(G)

- Emergency Power

The State has the authority to implement emergency powers similar to Section 303 of the Clean Air

Act. First, the EPA

- approved “Denver Emergency Episode Plan ” ( 74 FR 47888 ) address es ozone, particulate matter, and carbon monoxide for the Denver metro region and requires the State to implement protective measures when air quali ty exceeds defined thresholds.

Additionally, t he Colorado Pollution Prevention and Control Act

, Sections 25

- 7

- 112 a nd 25

- 7

- 113,

C.R.S. generally describe Colorado’s author ity regarding air pollution emergencies for any air pollutants endangering public health, welfare or the environment anywhere in the state

. These sections provide authority comparable to CAA Section 303. The Colorado act allows the Division to

issue a cease

- an d

- desist order if conditions warrant, and to apply for a restraining order or injunction

in district court. Sections 25

- 7

- 112 and 113 , C .R.S. also allow the Governor to declare a state of air pollution emergency and take any and all actions necessary to protect the health of the public.

As described in EPA’s September 25, 2009 guidance, areas that have had a PM2.5 exceedance greater than 140.4 ug/m3 should have an emergency episode plan. If no such concentration was

recorded since 2006 , the state can rely on its general emergency authorities. Colorado has never

recorded such a PM2.5 level and th us an emergency episode plan for PM2.5 is not necessary

.

Neverthe less, t he State hereby certifies that it has the appropriate emergency powers to address PM2.5 episodes, as described above.

Additionally, the State implement s EPA’s air quality index system and typically issues alerts and

adviso ries to the public when any pollutant is expected to or exceeds an AQI index value of 100 . IfColorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 8 pollutant concentrations are expected to or actually exceed EPA’s recommended index value thresholds of 201 ( alert ), 301 ( warning ), 350.5 ( significant harm ), or 401 (emergency)

, the State can invoke emergency powers.

Section 110 (a)(2)(H)

- Provisions for SIP Revisions Due to NAAQS Changes or Findings of Inadequacies

The State of Colorado has the ability and authority to address and revise the State Implementation

Pla n due to changes in the NAAQS or due to findings of inadequacies.

The Colorado Air Quality Control Commission has the authority and the duty to adopt and revise a State Implementation Plan as necessary to comply with the federal requirem ents. Colorado Air

Pollution Prevention and Control Act

, Section 25

- 7

- 105 (1)(a)(I)

, C.R.S. directs the Colorado Air Quality Control Commission to promulgate rules and regulations as related to a comprehensive SIP

which will assure attainment and maintenan ce of the NAAQS and which will prevent significant deterioration of air quality in the State of Colorado. The Colorado A ct states that t he comprehensive SIP shall meet all requirements of the federal act and shall be revised whenever necessary or appropriate.

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 pro mulgate emission control regulations.

Section 110 (a)(2)(I)

– Provisions for Nonattainment Areas to Meet the Applicable Requirements of Part D

While the EPA 110 SIP guidance of both October 2, 2007, and October 14, 2011, excludes the

need for determinati ons under Part I, Colorado meets the applicable requirements for SIPS and

SIP revisions in nonattainment areas under the Colorado Air Quality Control Commission’s Regulation 3, Part D, as explained above.

Sect ion 110 (a)(2)(J)

– Consultation wit h government officials, Public Notification, Prevention of Significant Deterioration of Air Quality and Visibility Protection

Consulta t ion with Government Officials

The Colorado Air Pollution Prevention and Control Act 25

- 7

- 105(1)(d), C.R.S. requires a satisfactory process of consultation with general purpose local governments and any federal land manager having authority over federal land to which the state implementation plan applies, pertaining to transportation controls, air quality maintenance plan requirements, preconstruction review of stationary sources of air pollution, or any measure referred to in the PSD or the NNSR permitting programs , or granting delayed compliance orders pursuant to S ection 25

- 7

- 118 , C.R.S

.

Colorado’s Transportation Conf ormity Rule, Regulation 10, Part III, specifies in detail the process for interagency consultation related to transportation conformity in SIP planning. The rule sets out the minimum requirements and roles and responsibilities for interagency consultation (Federal, State, regional and local) and resolution of conflicts.Colorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 9 Consultation requirements are also detailed in Chapters 2 and 10 of Colorado’s Regional Haze SIP. The chapters specify the consultation process with federal land managers, tribes and other states, both during the development of the plan and in future commitments under the plan.

Local government coordination and consultation is also described in 25

- 7

- 128, C.R.S. which covers local government’s authority to enact air pollution resolutions or ordinances, standards and regulations, their submission and enforceability as part of the SIP, and the coordination of air pollution plans and programs between the state and local governments.

Engineering and meteorological consultation is provided by the State to local agencies. The State assists local agencies in planning air management programs for their respective areas. The Colorado Air Quality Control Commission holds public meetings and hearings on all SIP revisions in accordance with the Air Qualit y Control Commission Procedural Rules. Public comment is solicited and accepted at Colorado Air Quality Control Commission meetings and hearings.

Public Notification

Colorado notifies the public of instances or of areas in which any national primary ambi ent air quality standard is exceeded through the website and public announcements . Included in this notification are public awareness announcements regarding health hazards and manners in which the public can participate in regulatory and other efforts to improve Colorado’s air quality. Not only does the State provide after

- the

- fact information about readings in excess of the NAAQS, the

Denver PM 10 SIP provides for advance warnings to the public that the NAAQS may be exceeded whenever meteorological conditions make it possible or likely for ambient concentrations to exceed the NAAQS.

The Air Quality Control Commission also issues an annual Report t o the Public, as part of its duties

under 25

- 7

- 105, C.R.S. which notifies the public of areas of NAAQS exceedances statewide, associated health hazards, and how the public can participate in regulatory and other efforts to improve air quality. The Report t o the Public is distributed through the C ommission’s mailing list and posted on the C ommission’s public website.

The Division prepares a daily public notification in the form of a n Air Pollution Advisory for a

nine

- county Denver

- Boulder metropolitan and North Front Range area and the communities of Grand Junction, Fort Collins, Greeley and Colorado Springs. The advisory is posted on the

Division website as well as its social media sites including Facebook and Twitter and includes details of the day’s air quality and visibility, a forecast of the coming day’s air quality, residential burning restrictions and voluntary motor vehicle driving reduction requests during the winter high pollution season. The advisory includes links to an open burning forecas t and other important information such as the day’s Air Quality Index, the health effects of specific pollutants and measures that can be taken by the public to reduce exposure. While not part of Colorado’s SIP, the advisories are part of an ongoing commit ment by the State to inform and educate citizens about air quality.

In addition to the daily Front Range and Grand Junction air quality forecasts, the state has expanded its forecasting and notification abilities statewide. The state utilizes data from mo nitorsColorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 10 throughout Colorado and will issue a health advisory if monitors show, or are expected to show,

an excee dance of air quality standards.

The state issue s statewide smoke and blowing dust advisories when conditions show that such an

event is immine nt or in process. The advisories include public notification and education elements, and inform the public about actions to take during imminent blowing dust and wildfire events that could lead to high levels of particulate matter.

The smoke and blowing d ust advisories may be issued as part of EPA

- approved Natural Events

Action Plans that have been developed for Lamar and Alamosa

, and for wildfires. T he advisories

may also be issued independently of such Natural Events Action Plans for communities not covered by the plans.

Other 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

.

Prevention of Significant Deteriora tion of Air Quality and Visibility Protection

Prevention of Significant Deterioration Colorado Air Quality Control Commission Regulation 3 ( Stationary Source Permitting and Air Pollution Emission Notice Requirements ), Regulation 6 (Standards of Performanc e for New Stationary Sources) and Colorado’s Long Term Strategy for Visibility Protection adequately address Prevention of Significant Deterioration and Visibility Protection. For example, new major stationary sources or major modifications are restricted in their emissions in order to protect the PSD increment under Colorado Air Quality Control Commission Regulation 3. PSD and visibility analyses are also required by NSR regulations of Colorado. Colorado is required to review new major stationary sources and major modifications prior to construction to assess potential impacts on visibility in any Class I Area. Colorado Air Quality Control Commission Regulation 3.XI.E,

“N ew Source Review” (Appendix D) describes the applicant’s demonstration that the proposed source will not have an adverse effect on visibility in Class I Areas.

Visibilit y

Colorado relies on its Regional Haze SIP to protect visibility.. EPA published fi nal approval of Colorado’s Regional Haze SIP in the Federal Register on December 31, 2012 (77 FR 76871)

.

In addition, The Interstate Transport SIP submitted to EPA on March 31, 2010 and approved by EPA ( 77 FR 1027, 75 FR 31306, 76 FR 22036 )

, demonstrates that t here 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

- s tate haze. Thus, air pollution sources and other types of emission activity within the State of Colorado do not interfere with measures required to

be included in the applicable implementation plan of another state to protect visibility.Colorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 11 Clean Air Act Section 110 (a)(2)(K)

- Air Quality Modeling and Data Handling

Colorado has the authority and resources to model for all criteria pollutants. Air quality modeling is done for SIP revisions and for transportation con formity. Colorado Air Quality Control Commission Regulation 3 ( Stationary Source Permitting and Air Pollution Emission Notice Requirements ) requires stationary sources to predict the effect of air pollutants in attainment areas. Regulation 3

also details the State of Colora do’s program regarding permitting as related to air quality modeling and data handling in predicting the effect of emissions of a pollu tant with an established NAAQS.

Regulation 3 Part A, Section VIII "Technical Modeling and Monitoring Requirements" state s that all estimates of ambient concentrations required under Regulation 3 shall be based on the applicable air quality models, data bases, and other requirements generally approved by EPA and specifically approved by the Division. Part A also requires all modeling data used to determine compliance to be appropriate given the topography, meteorology and other characteristics of the region.

The Modeling, Meteorology, and Emission Inventory Unit within the Division performs and reviews air quality impact ana lyses for a variety of programs, including state implementation plan revisions, transportation conformity determination, stationary source permitting, environmental impact statements, and hazardous waste site studies. The analyses include modeling, meteoro logical 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, open burning, and for special air quality stu dies. Additional information regarding these programs and authority is provided below. Some of these programs are found in the SIP. For example, both Colorado Air Quality Control Commission Regulation 4 (Woodburning) and the

Denver PM 10 SIP address State a ir quality modeling programs.

PSD and Increment Consumption

- Colorado's PSD program includes a requirement that the State periodically assess the adequacy of its plan to prevent significant deterioration of air quality. This is presented in Regulation 3 , Part D, Section X.A.4

. Part D also requires major sources to conduct air quality impact analyses for PSD increment consumption and for compliance with NAAQS. Part D also requires analysis of the impairment to visibility, water, soils, and vegetation that would occur as

a result of the emissions of a regulated pollutant in significant amounts and general commercial, residential, industrial, and other growth associated with the sourc e or modification.

SIP Development

- Modeling is performed in the development and revision of State Implementation Plans, as needed or prescribed by the U.S. EPA , to ensure that specific areas of the state will

maintain or re

- attain compliance with the NA AQS in light of development 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, Par t A, subsection VIII describes

Colorado’s technical modeling and monitoring requirements. Modeling is often required to obtain a construction permit.Colorado 110 SIP Elements

– 2010 Nitrogen Dioxide NAAQS

March 7 ,2013

– Page 12 The state submits data to the U.S. EPA as required under Regulation No. 3, Part D, Section VI.C.

req uiring the Division to transmit to the Administrator of the U. S. EPA a copy of each permit application relating to a major stationary source or major modification subject to this regulation, and provide notice of every action related to the consideration of such permit.

Clean Air Act Section 110 (a)(2)(L)

- Permitting Fees

The State of Colorado requires the owner or operator of a major stationary source to pay the Division any fee necessary to cover the reasonable costs of reviewing and acting upon any permit application. The collection of fees is described in Colorado Air Quality Control Commission Regulation 3. Specifically, Regulation 3, Part A. Section VI describes that each applicant required to obtain a permit must pay a fee, including the cost of permit review and relevant actions and that stationary source owners or operators must pay an annual fee based on total emissions. The funds are used by the State to administer programs for the control of air pollution from stationary sources.

Clean Air Act Section 110 (a)(2)(M)

- Consultation/Participation by Affected Local Entities

The Colorado Air Pollution Prevention and Control Act 25

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- 105(1)(d)

, C.R.S. requires a satisfactory process of consultation with general purpose local governments and any federal land manager having authority over federal land to which the state implementation plan applies, pertaining to transportation controls, air quality maintenance plan requirements, preconstruction review of stationary sources of air pollution, or any measure referred to in the PSD or the NNSR permitting program s , or granting delayed compliance orders pursuant to S ection 25

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- 118 , C.R.S

.

Colorado Air Quality Control Commission Regulation 3 provides for consultation and participation by local entities. Local governments receive notice and have the opportunity to comment on and participate in construction permit review procedures and operatin g permit application procedu res under the provisions of Reg. 3, Part D. Section IV.A.1., “Public Comment Requirements.”

Local government coordination and consultation is also described in 25

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- 128, C.R.S. which covers local government’s authority to enact air pollution resolutions o r ordinances, standards and regulations, their submission and enforceability as part of the SIP, and the coordination of air pollution plans and programs between the state and local governments.

Colorado Air Quality Control Commission Regulation 10, “Tran sportation Conformity,” defines the criteria the Colorado Air Quality Control Commission uses for transportation conformity determinations to develop SIP revisions in non

- attainment areas. Interagency consultation requirements are detailed in Reg. 10, and meet the federal requirements under 40 CFR 51.3 90, as published on August 15, 1997 ( 62 FR 158 ).

The Colorado Air Quality Control Commission holds a public hearing before adopting any regulatory revisions to the SIP. Local political subdivisions may participate in the hearing. The requirements for public hearings, including public notice of hearings, are established in 25

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- 110,

C.R.S. that describes the procedures to be followed in setting standards and regulations.