5 Colo. Code Regs. § 1001-20-VII
Adopted: November 15, 2001
The amendments to the "State Implementation Plan Specific Regulations for Nonattainment Areas (Local Elements)" adopted by the Commission eliminate a contingency measure for Colorado Springs that was adopted as part of the nonattainment State Implementation Plan (SIP). Colorado Springs has since been redesignated to attainment/maintenance, and this contingency measure is no longer necessary or federally required. The amendments also revise the title of the regulation to "State Implementation Plan Specific Regulations for Nonattainment-Attainment/Maintenance Areas (Local Elements)."
Federal Requirements
The federal requirements for nonattainment SIP contingency measures are set out in Section 172(c)(9) of the Clean Air Act (CAA). In November 1993, the Commission adopted a contingency measure for the Colorado Springs carbon monoxide (CO) nonattainment area that required the implementation of an enhanced inspection and maintenance program if the area failed to attain the CO National Ambient Air Quality Standards (NAAQS). EPA approved this contingency measure in December 1997.
There are no requirements in federal law or regulation for mandatory contingency measures in redesignated areas. EPA redesignated the Colorado Springs area in August 1999, and the approved maintenance plan lists enhanced I/M as a potential contingency measure should the area ever violate the CO NAAQS in the future (in compliance with the contingency plan requirements of CAA Section 175A(d)). Because the mandatory enhanced I/M program contingency measure is no longer required, the requirements are being removed from State regulation and from the EPA-approved SIP.
The regulatory revisions do not include any provisions that are not required by provisions of the federal act or that are otherwise more stringent than requirements of the federal act.
Statutory Authority
The authority to remove the contingency measure from regulation is included in the general authority to adopt a State Implementation Plan set out in Section 25-7-105(1),
C.R.S. (1999).
Findings pursuant to Section 25-7-110.8
The revisions to the SIP-Specific Regulations... will maximize the air quality benefits of the Commission's regulations in the most cost-effective manner. Removal of the enhanced I/M contingency measure from the regulation eliminates an obsolete federal requirement and prevents the automatic implementation of enhanced I/M in the Colorado Springs area if a CO NAAQS violation occurs in the future.
5 CCR 1001-20-VII