National United States Regulations 40 CFR PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Title 40: Protection of Environment PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS -------------------------------------------------------------------------------- Authority: 42 U.S.C. 7401 et seq. Subpart A—General Provisions top Source: 37 FR 10846, May 31, 1972, unless otherwise noted. § 52.01 Definitions. top All terms used in this part but not defined herein shall have the meaning given them in the Clean Air Act and in parts 51 and 60 of this chapter. (a) The term stationary source means any building, structure, facility, or installation which emits or may emit an air pollutant for which a national standard is in effect. (b) The term commenced means that an owner or operator has undertaken a continuous program of construction or modification. (c) The term construction means fabrication, erection, or installation. (d) The phrases modification or modified source mean any physical change in, or change in the method of operation of, a stationary source which increases the emission rate of any pollutant for which a national standard has been promulgated under part 50 of this chapter or which results in the emission of any such pollutant not previously emitted, except that: (1) Routine maintenance, repair, and replacement shall not be considered a physical change, and (2) The following shall not be considered a change in the method of operation: (i) An increase in the production rate, if such increase does not exceed the operating design capacity of the source; (ii) An increase in the hours of operation; (iii) Use of an alternative fuel or raw material, if prior to the effective date of a paragraph in this part which imposes conditions on or limits modifications, the source is designed to accommodate such alternative use. (e) The term startup means the setting in operation of a source for any purpose. (f) [Reserved] (g) The term heat input means the total gross calorific value (where gross calorific value is measured by ASTM Method D2015–66, D240–64, or D1826–64) of all fuels burned. (h) The term total rated capacity means the sum of the rated capacities of all fuel-burning equipment connected to a common stack. The rated capacity shall be the maximum guaranteed by the equipment manufacturer or the maximum normally achieved during use, whichever is greater. [37 FR 19807, Sept. 22, 1972, as amended at 38 FR 12698, May 14, 1973; 39 FR 42514, Dec. 5, 1974; 43 FR 26410, June 19, 1978] § 52.02 Introduction. top (a) This part sets forth the Administrator's approval and disapproval of State plans and the Administrator's promulgation of such plans or portions thereof. Approval of a plan or any portion thereof is based upon a determination by the Administrator that such plan or portion meets the requirements of section 110 of the Act and the provisions of part 51 of this chapter. (b) Any plan or portion thereof promulgated by the Administrator substitutes for a State plan or portion thereof disapproved by the Administrator or not submitted by a State, or supplements a State plan or portion thereof. The promulgated provisions, together with any portions of a State plan approved by the Administrator, constitute the applicable plan for purposes of the Act. (c) Where nonregulatory provisions of a plan are disapproved, the disapproval is noted in this part and a detailed evaluation is provided to the State, but no substitute provisions are promulgated by the Administrator. (d) All approved plans and plan revisions listed in subparts B through DDD of this part and on file at the Office of the Federal Register are approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Notice of amendments to the plans will be published in the Federal Register. The plans and plan revisions are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition the plans and plan revisions are available at the following locations: (1) Office of Air and Radiation, Docket and Information Center (Air Docket), EPA, 401 M St., SW., Room M1500, Washington, DC 20460. (2) The appropriate EPA Regional Office as listed below: (i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Environmental Protection Agency, Region 1, John F. Kennedy Federal Building, One Congress Street, Boston, MA 02203. (ii) New York, New Jersey, Puerto Rico, and Virgin Islands. Environmental Protection Agency, Region 2, 290 Broadway, New York, NY 10007–1866. (iii) Delaware, District of Columbia, Pennsylvania, Maryland, Virginia, and West Virginia. Environmental Protection Agency, Region 3, 841 Chestnut Building, Philadelphia, PA 19107. (iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee Environmental Protection Agency, Region 4, 345 Courtland Street, N.E., Atlanta, GA 30365. (v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL 60604–3507. (vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. Environmental Protection Agency, Region 6, Fountain Place, 1445 Ross Avenue, Suite 1200, Dallas TX 75202–2733. (vii) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection Agency, Region 7, 726 Minnesota Avenue, Kansas City, KS 66101. (viii) Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. Environmental Protection Agency, Region 8, 999 18th Street, Suite 500, Denver, CO 80202–2466. (ix) Arizona, California, Hawaii, Nevada, American Samoa, and Guam. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105. (x) Alaska, Idaho, Oregon, and Washington. Environmental Protection Agency, Region 10, 1200 6th Avenue Seattle, WA 98101. (e) Each State's plan is dealt with in a separate subpart, which includes an introductory section identifying the plan by name and the date of its submittal, a section classifying regions, and a section setting forth dates for attainment of the national standards. Additional sections are included as necessary to specifically identify disapproved provisions, to set forth reasons for disapproval, and to set forth provisions of the plan promulgated by the Administrator. Except as otherwise specified, all supplemental information submitted to the Administrator with respect to any plan has been submitted by the Governor of the State. (f) Revisions to applicable plans will be included in this part when approved or promulgated by the Administrator. [37 FR 10846, May 31, 1972, as amended at 37 FR 15080, July 27, 1972; 47 FR 38886, Sept. 3, 1982; 61 FR 16060, Apr. 11, 1996] § 52.04 Classification of regions. top Each subpart sets forth the priority classification, by pollutant, for each region in the State. Each plan for each region was evaluated according to the requirements of part 51 of this chapter applicable to regions of that priority. § 52.05 Public availability of emission data. top Each subpart sets forth the Administrator's disapproval of plan procedures for making emission data available to the public after correlation with applicable emission limitations, and includes the promulgation of requirements that sources report emission data to the Administrator for correlation and public disclosure. § 52.06 Legal authority. top (a) The Administrator's determination of the absence or inadequacy of legal authority required to be included in the plan is set forth in each subpart. This includes the legal authority of local agencies and State governmental agencies other than an air pollution control agency if such other agencies are assigned responsibility for carrying out a plan or portion thereof. (b) No legal authority as such is promulgated by the Administrator. Where required regulatory provisions are not included in the plan by the State because of inadequate legal authority, substitute provisions are promulgated by the Administrator. [37 FR 10846, May 31, 1972, as amended at 60 FR 33922, June 29, 1995] § 52.07 Control strategies. top (a) Each subpart specifies in what respects the control strategies are approved or disapproved. Where emission limitations with a future effective date are employed to carry out a control strategy, approval of the control strategy and the implementing regulations does not supersede the requirements of subpart N of this chapter relating to compliance schedules for individual sources or categories of sources. Compliance schedules for individual sources or categories of sources must require such sources to comply with applicable requirements of the plan as expeditiously as practicable, where the requirement is part of a control strategy designed to attain a primary standard, or within a reasonable time, where the requirement is part of a control strategy designed to attain a secondary standard. All sources must be required to comply with applicable requirements of the plan no later than the date specified in this part for attainment of the national standard which the requirement is intended to implement. (b) A control strategy may be disapproved as inadequate because it is not sufficiently comprehensive, although all regulations provided to carry out the strategy may themselves be approved. In this case, regulations for carrying out necessary additional measures are promulgated in the subpart. (c) Where a control strategy is adequate to attain and maintain a national standard but one or more of the regulations to carry it out is not adopted or not enforceable by the State, the control strategy is approved and the necessary regulations are promulgated by the Administrator. (d) Where a control strategy is adequate to attain and maintain air quality better than that provided for by a national standard but one or more of the regulations to carry it out is not adopted or not enforceable by the State, the control strategy is approved and substitute regulations necessary to attain and maintain the national standard are promulgated. [37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972; 51 FR 40676, Nov. 7, 1986] § 52.08 Rules and regulations. top Each subpart identifies the regulations, including emission limitations, which are disapproved by the Administrator, and includes the regulations which the Administrator promulgates. § 52.09 Compliance schedules. top (a) In each subpart, compliance schedules disapproved by the Administrator are identified, and compliance schedules promulgated by the Administrator are set forth. (b) Individual source compliance schedules submitted with certain plans have not yet been evaluated, and are not approved or disapproved. (c) The Administrator's approval or promulgation of any compliance schedule shall not affect the responsibility of the owner or operator to comply with any applicable emission limitation on and after the date for final compliance specified in the applicable schedule. [37 FR 10846, May 31, 1972, as amended at 38 FR 30877, Nov. 8, 1973] § 52.10 Review of new sources and modifications. top In any plan where the review procedure for new sources and source modifications does not meet the requirements of subpart I of this chapter, provisions are promulgated which enable the Administrator to obtain the necessary information and to prevent construction or modification. [37 FR 10846, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986] § 52.11 Prevention of air pollution emergency episodes. top (a) Each subpart identifies portions of the air pollution emergency episode contingency plan which are disapproved, and sets forth the Administrator's promulgation of substitute provisions. (b) No provisions are promulgated to replace any disapproved air quality monitoring or communications portions of a contingency plan, but detailed critiques of such portions are provided to the State. (c) Where a State plan does not provide for public announcement regarding air pollution emergency episodes or where the State fails to give any such public announcement, the Administrator will issue a public announcement that an episode stage has been reached. When making such an announcement, the Administrator will be guided by the suggested episode criteria and emission control actions suggested in Appendix L of part 51 of this chapter or those in the approved plan. [37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972] § 52.12 Source surveillance. top (a) Each subpart identifies the plan provisions for source surveillance which are disapproved, and sets forth the Administrator's promulgation of necessary provisions for requiring sources to maintain records, make reports, and submit information. (b) No provisions are promulgated for any disapproved State or local agency procedures for testing, inspection, investigation, or detection, but detailed critiques of such portions are provided to the State. (c) For purposes of Federal enforcement, the following test procedures and methods shall be used, provided that for the purpose of establishing whether or not a person has violated or is in violation of any provision of the plan, nothing in this part shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test procedures or methods had been performed: (1) Sources subject to plan provisions which do not specify a test procedure and sources subject to provisions promulgated by the Administrator will be tested by means of the appropriate procedures and methods prescribed in part 60 of this chapter unless otherwise specified in this part. (2) Sources subject to approved provisions of a plan wherein a test procedure is specified will be tested by the specified procedure. [37 FR 10846, May 31, 1972, as amended at 40 FR 26032, June 20, 1975; 62 FR 8328, Feb. 24, 1997] § 52.13 Air quality surveillance; resources; intergovernmental cooperation. top Disapproved portions of the plan related to the air quality surveillance system, resources, and intergovernmental cooperation are identified in each subpart, and detailed critiques of such portions are provided to the State. No provisions are promulgated by the Administrator. § 52.14 State ambient air quality standards. top Any ambient air quality standard submitted with a plan which is less stringent than a national standard is not considered part of the plan. § 52.15 Public availability of plans. top Each State shall make available for public inspection at least one copy of the plan in at least one city in each region to which such plan is applicable. All such copies shall be kept current. § 52.16 Submission to Administrator. top (a) All requests, reports, applications, submittals, and other communications to the Administrator pursuant to this part shall be submitted in duplicate and addressed to the appropriate Regional Office of the Environmental Protection Agency. (b) The Regional Offices are as follows: (1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. EPA Region 1, John F. Kennedy Federal Building, One Congress Street, Boston, MA 02203. (2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA Region 2, 290 Broadway, New York, NY 10007–1866. (3) Delaware, District of Columbia, Pennsylvania, Maryland, Virginia, and West Virginia. EPA Region 3, 841 Chestnut Building, Philadelphia, PA 19107. (4) Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. EPA Region 4, 345 Courtland Street, N.E., Atlanta, GA 30365. (5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604–3507. (6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. EPA Region 6, Fountain Place, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202–2733. (7) Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 726 Minnesota Avenue, Kansas City, KS 66101. (8) Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. EPA Region 8, 999 18th Street, Suite 500, Denver, CO 80202–2466. (9) Arizona, California, Hawaii, Nevada, American Samoa, and Guam. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105. (10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200 6th Avenue, Seattle, WA 98101. [61 FR 16061, Apr. 11, 1996] § 52.17 Severability of provisions. top The provisions promulgated in this part and the various applications thereof are distinct and severable. If any provision of this part or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of such provision to other persons or circumstances which can be given effect without the invalid provision or application. [37 FR 19808, Sept. 22, 1972] § 52.18 Abbreviations. top Abbreviations used in this part shall be those set forth in part 60 of this chapter. [38 FR 12698, May 14, 1973] § 52.20 Attainment dates for national standards. top Each subpart contains a section which specifies the latest dates by which national standards are to be attained in each region in the State. An attainment date which only refers to a month and a year (such as July 1975) shall be construed to mean the last day of the month in question. However, the specification of attainment dates for national standards does not relieve any State from the provisions of subpart N of this chapter which require all sources and categories of sources to comply with applicable requirements of the plan— (a) As expeditiously as practicable where the requirement is part of a control strategy designed to attain a primary standard, and (b) Within a reasonable time where the requirement is part of a control strategy designed to attain a secondary standard. [37 FR 19808, Sept. 22, 1972, as amended at 39 FR 34535, Sept. 26, 1974; 51 FR 40676, Nov. 7, 1986] § 52.21 Prevention of significant deterioration of air quality. top (a)(1) Plan disapproval. The provisions of this section are applicable to any State implementation plan which has been disapproved with respect to prevention of significant deterioration of air quality in any portion of any State where the existing air quality is better than the national ambient air quality standards. Specific disapprovals are listed where applicable, in subparts B through DDD of this part. The provisions of this section have been incorporated by reference into the applicable implementation plans for various States, as provided in subparts B through DDD of this part. Where this section is so incorporated, the provisions shall also be applicable to all lands owned by the Federal Government and Indian Reservations located in such State. No disapproval with respect to a State's failure to prevent significant deterioration of air quality shall invalidate or otherwise affect the obligations of States, emission sources, or other persons with respect to all portions of plans approved or promulgated under this part. (2) Applicability procedures. (i) The requirements of this section apply to the construction of any new major stationary source (as defined in paragraph (b)(1) of this section) or any project at an existing major stationary source in an area designated as attainment or unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the Act. (ii) The requirements of paragraphs (j) through (r) of this section apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this section otherwise provides. (iii) No new major stationary source or major modification to which the requirements of paragraphs (j) through (r)(5) of this section apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements. The Administrator has authority to issue any such permit. (iv) The requirements of the program will be applied in accordance with the principles set out in paragraphs (a)(2)(iv)(a) through (f) of this section. (a) Except as otherwise provided in paragraphs (a)(2)(v) and (vi) of this section, and consistent with the definition of major modification contained in paragraph (b)(2) of this section, a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases—a significant emissions increase (as defined in paragraph (b)(40) of this section), and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) of this section). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase. (b) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to paragraphs (a)(2)(iv)(c) through (f) of this section. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition in paragraph (b)(3) of this section. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase. (c) Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defined in paragraph (b)(41) of this section) and the baseline actual emissions (as defined in paragraphs (b)(48)(i) and (ii) of this section), for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(23) of this section). (d) Actual-to-potential test for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in paragraph (b)(4) of this section) from each new emissions unit following completion of the project and the baseline actual emissions (as defined in paragraph (b)(48)(iii) of this section) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(23) of this section). (e) Emission test for projects that involve Clean Units. For a project that will be constructed and operated at a Clean Unit without causing the emissions unit to lose its Clean Unit designation, no emissions increase is deemed to occur. (f) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs (a)(2)(iv)(c) through (e) of this section as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(23) of this section). For example, if a project involves both an existing emissions unit and a Clean Unit, the projected increase is determined by summing the values determined using the method specified in paragraph (a)(2)(iv)(c) of this section for the existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the Clean Unit. (v) For any major stationary source for a PAL for a regulated NSR pollutant, the major stationary source shall comply with the requirements under paragraph (aa) of this section. (vi) An owner or operator undertaking a PCP (as defined in paragraph (b)(32) of this section) shall comply with the requirements under paragraph (z) of this section. (b) Definitions. For the purposes of this section: (1)(i) Major stationary source means: (a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant: Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants, fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants; (b) Notwithstanding the stationary source size specified in paragraph (b)(1)(i) of this section, any stationary source which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or (c) Any physical change that would occur at a stationary source not otherwise qualifying under paragraph (b)(1) of this section, as a major stationary source, if the changes would constitute a major stationary source by itself. (ii) A major source that is major for volatile organic compounds or NOX shall be considered major for ozone. (iii) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this section whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources: (a) Coal cleaning plants (with thermal dryers); (b) Kraft pulp mills; (c) Portland cement plants; (d) Primary zinc smelters; (e) Iron and steel mills; (f) Primary aluminum ore reduction plants; (g) Primary copper smelters; (h) Municipal incinerators capable of charging more than 250 tons of refuse per day; (i) Hydrofluoric, sulfuric, or nitric acid plants; (j) Petroleum refineries; (k) Lime plants; (l) Phosphate rock processing plants; (m) Coke oven batteries; (n) Sulfur recovery plants; (o) Carbon black plants (furnace process); (p) Primary lead smelters; (q) Fuel conversion plants; (r) Sintering plants; (s) Secondary metal production plants; (t) Chemical process plants; (u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (w) Taconite ore processing plants; (x) Glass fiber processing plants; (y) Charcoal production plants; (z) Fossil fuel-fired steam electric plants of more that 250 million British thermal units per hour heat input, and (aa) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act. (2)(i) Major modification means any physical change in or change in the method of operation of a major stationary source that would result in: a significant emissions increase (as defined in paragraph (b)(40) of this section) of a regulated NSR pollutant (as defined in paragraph (b)(50) of this section); and a significant net emissions increase of that pollutant from the major stationary source. (ii) Any significant emissions increase (as defined at paragraph (b)(40) of this section) from any emissions units or net emissions increase (as defined in paragraph (b)(3) of this section) at a major stationary source that is significant for volatile organic compounds or NOX shall be considered significant for ozone. (iii) A physical change or change in the method of operation shall not include: (a) Routine maintenance, repair and replacement. Routine maintenance, repair and replacement shall include, but not be limited to, any activity(s) that meets the requirements of the equipment replacement provisions contained in paragraph (cc) of this section; Note to paragraph (b)(2)(iii)(a): By court order on December 24, 2003, the second sentence of this paragraph (b)(2)(iii)(a) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. (b) Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plant pursuant to the Federal Power Act; (c) Use of an alternative fuel by reason of an order or rule under section 125 of the Act; (d) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (e) Use of an alternative fuel or raw material by a stationary source which: (1) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 40 CFR 51.166; or (2) The source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; (f) An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 40 CFR 51.166. (g) Any change in ownership at a stationary source. (h) The addition, replacement, or use of a PCP, as defined in paragraph (b)(32) of this section, at an existing emissions unit meeting the requirements of paragraph (z) of this section. A replacement control technology must provide more effective emission control than that of the replaced control technology to qualify for this exclusion. (i) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with: (1) The State implementation plan for the State in which the project is located, and (2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. (j) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis. (k) The reactivation of a very clean coal-fired electric utility steam generating unit. (iv) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under paragraph (aa) of this section for a PAL for that pollutant. Instead, the definition at paragraph (aa)(2)(viii) of this section shall apply. (3)(i) Net emissions increase means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: (a) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to paragraph (a)(2)(iv) of this section; and (b) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (b)(3)(i)(b) shall be determined as provided in paragraph (b)(48) of this section, except that paragraphs (b)(48)(i)(c) and (b)(48)(ii)(d) of this section shall not apply. (ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: (a) The date five years before construction on the particular change commences; and (b) The date that the increase from the particular change occurs. (iii) An increase or decrease in actual emissions is creditable only if: (a) The Administrator or other reviewing authority has not relied on it in issuing a permit for the source under this section, which permit is in effect when the increase in actual emissions from the particular change occurs; and (b) The increase or decrease in emissions did not occur at a Clean Unit except as provided in paragraphs (x)(8) and (y)(10) of this section. (iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. (v) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. (vi) A decrease in actual emissions is creditable only to the extent that: (a) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions; (b) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins. (c) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and (d) The decrease in actual emissions did not result from the installation of add-on control technology or application of pollution prevention practices that were relied on in designating an emissions unit as a Clean Unit under paragraph (y) of this section or under regulations approved pursuant to §51.165(d) or to §51.166(u) of this chapter. That is, once an emissions unit has been designated as a Clean Unit, the owner or operator cannot later use the emissions reduction from the air pollution control measures that the designation is based on in calculating the net emissions increase for another emissions unit (i.e., must not use that reduction in a “netting analysis” for another emissions unit). However, any new emission reductions that were not relied upon in a PCP excluded pursuant to paragraph (z) of this section or for a Clean Unit designation are creditable to the extent they meet the requirements in paragraph (z)(6)(iv) of this section for the PCP and paragraphs (x)(8) or (y)(10) of this section for a Clean Unit. (vii) [Reserved] (viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (ix) Paragraph (b)(21)(ii) of this section shall not apply for determining creditable increases and decreases. (4) Potential to emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. (5) Stationary source means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant. (6) Building, structure, facility, or installation means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same first two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U. S. Government Printing Office stock numbers 4101–0066 and 003–005–00176–0, respectively). (7) Emissions unit means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in paragraph (b)(31) of this section. For purposes of this section, there are two types of emissions units as described in paragraphs (b)(7)(i) and (ii) of this section. (i) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. (ii) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (b)(7)(i) of this section. A replacement unit, as defined in paragraph (b)(33) of this section, is an existing emissions unit. (8) Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions. (9) Commence as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has: (i) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or (ii) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. (10) Necessary preconstruction approvals or permits means those permits or approvals required under Federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable State Implementation Plan. (11) Begin actual construction means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change. (12) Best available control technology means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under Act which would be emitted from any proposed major stationary source or major modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR parts 60 and 61. If the Administrator determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. (13)(i) Baseline concentration means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: (a) The actual emissions, as defined in paragraph (b)(21) of this section, representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (b)(13)(ii) of this section; and (b) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date. (ii) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s): (a) Actual emissions, as defined in paragraph (b)(21) of this section, from any major stationary source on which construction commenced after the major source baseline date; and (b) Actual emissions increases and decreases, as defined in paragraph (b)(21) of this section, at any stationary source occurring after the minor source baseline date. (14)(i) Major source baseline date means: (a) In the case of particulate matter and sulfur dioxide, January 6, 1975, and (b) In the case of nitrogen dioxide, February 8, 1988. (ii) “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 submits a complete application under the relevant regulations. The trigger date is: (a) In the case of particulate matter and sulfur dioxide, August 7, 1977, and (b) In the case of nitrogen dioxide, February 8, 1988. (iii) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: (a) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107(d)(i) (D) or (E) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21; and (b) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant. (iv) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM–10 increments, except that the Administrator shall rescind a minor source baseline date where it can be shown, to the satisfaction of the Administrator, that the emissions increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM–10 emissions. (15)(i) Baseline area means any intrastate area (and every part thereof) designated as attainment or unclassifiable under section 107(d)(1) (D) or (E) of the Act in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than 1 µg/m 3 (annual average) of the pollutant for which the minor source baseline date is established. (ii) Area redesignations under section 107(d)(1) (D) or (E) of the Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which: (a) Establishes a minor source baseline date; or (b) Is subject to 40 CFR 52.21 and would be constructed in the same state as the state proposing the redesignation. (iii) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM–10 increments, except that such baseline area shall not remain in effect if the Administrator rescinds the corresponding minor source baseline date in accordance with paragraph (b)(14)(iv) of this section. (16) Allowable emissions means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (i) The applicable standards as set forth in 40 CFR parts 60 and 61; (ii) The applicable State Implementation Plan emissions limitation, including those with a future compliance date; or (iii) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. (17) Federally enforceable means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR parts 60 and 61, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program. (18) Secondary emissions means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. (i) Emissions from ships or trains coming to or from the new or modified stationary source; and (ii) Emissions from any offsite support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification. (19) Innovative control technology means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts. (20) Fugitive emissions means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (21)(i) Actual emissions means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (b)(21)(ii) through (iv) of this section, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under paragraph (aa) of this section. Instead, paragraphs (b)(41) and (b)(48) of this section shall apply for those purposes. (ii) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The Administrator shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (iii) The Administrator may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit. (iv) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. (22) Complete means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application. (23) (i) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate Carbon monoxide: 100 tons per year (tpy) Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy of particulate matter emissions; 15 tpy of PM10 emissions Ozone: 40 tpy of volatile organic compounds or NOX Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H2 S): 10 tpy Total reduced sulfur (including H2 S): 10 tpy Reduced sulfur compounds (including H2 S): 10 tpy Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 × 10-6 megagrams per year (3.5 × 10-6 tons per year). Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per year) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year) Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year) (ii) Significant means, in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that paragraph (b)(23)(i) of this section, does not list, any emissions rate. (iii) Notwithstanding paragraph (b)(23)(i) of this section, significant means any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 1 µg/m 3 , (24-hour average). (24) Federal Land Manager means, with respect to any lands in the United States, the Secretary of the department with authority over such lands. (25) High terrain means any area having an elevation 900 feet or more above the base of the stack of a source. (26) Low terrain means any area other than high terrain. (27) Indian Reservation means any federally recognized reservation established by Treaty, Agreement, executive order, or act of Congress. (28) Indian Governing Body means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self government. (29) Adverse impact on visibility means visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairment, and how these factors correlate with (1) times of visitor use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility. (30) Volatile organic compounds (VOC) is as defined in §51.100(s) of this chapter. (31) Electric utility steam generating unit means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility. (32) Pollution control project (PCP) means any activity, set of work practices or project (including pollution prevention as defined under paragraph (b)(39) of this section) undertaken at an existing emissions unit that reduces emissions of air pollutants from such unit. Such qualifying activities or projects can include the replacement or upgrade of an existing emissions control technology with a more effective unit. Other changes that may occur at the source are not considered part of the PCP if they are not necessary to reduce emissions through the PCP. Projects listed in paragraphs (b)(32)(i) through (vi) of this section are presumed to be environmentally beneficial pursuant to paragraph (z)(2)(i) of this section. Projects not listed in these paragraphs may qualify for a case-specific PCP exclusion pursuant to the requirements of paragraphs (z)(2) and (z)(5) of this section. (i) Conventional or advanced flue gas desulfurization or sorbent injection for control of SO2. (ii) Electrostatic precipitators, baghouses, high efficiency multiclones, or scrubbers for control of particulate matter or other pollutants. (iii) Flue gas recirculation, low-NOX burners or combustors, selective non-catalytic reduction, selective catalytic reduction, low emission combustion (for IC engines), and oxidation/absorption catalyst for control of NOX. (iv) Regenerative thermal oxidizers, catalytic oxidizers, condensers, thermal incinerators, hydrocarbon combustion flares, biofiltration, absorbers and adsorbers, and floating roofs for storage vessels for control of volatile organic compounds or hazardous air pollutants. For the purpose of this section, “hydrocarbon combustion flare” means either a flare used to comply with an applicable NSPS or MACT standard (including uses of flares during startup, shutdown, or malfunction permitted under such a standard), or a flare that serves to control emissions of waste streams comprised predominately of hydrocarbons and containing no more than 230 mg/dscm hydrogen sulfide. (v) Activities or projects undertaken to accommodate switching (or partially switching) to an inherently less polluting fuel, to be limited to the following fuel switches: (a) Switching from a heavier grade of fuel oil to a lighter fuel oil, or any grade of oil to 0.05 percent sulfur diesel (i.e., from a higher sulfur content #2 fuel or from #6 fuel, to CA 0.05 percent sulfur #2 diesel); (b) Switching from coal, oil, or any solid fuel to natural gas, propane, or gasified coal; (c) Switching from coal to wood, excluding construction or demolition waste, chemical or pesticide treated wood, and other forms of “unclean” wood; (d) Switching from coal to #2 fuel oil (0.5 percent maximum sulfur content); and (e) Switching from high sulfur coal to low sulfur coal (maximum 1.2 percent sulfur content). (vi) Activities or projects undertaken to accommodate switching from the use of one ozone depleting substance (ODS) to the use of a substance with a lower or zero ozone depletion potential (ODP,) including changes to equipment needed to accommodate the activity or project, that meet the requirements of paragraphs (b)(32)(vi)(a) and (b) of this section. (a) The productive capacity of the equipment is not increased as a result of the activity or project. (b) The projected usage of the new substance is lower, on an ODP-weighted basis, than the baseline usage of the replaced ODS. To make this determination, follow the procedure in paragraphs (b)(32)(vi)(b)(1) through (4) of this section. (1) Determine the ODP of the substances by consulting 40 CFR part 82, subpart A, appendices A and B. (2) Calculate the replaced ODP-weighted amount by multiplying the baseline actual usage (using the annualized average of any 24 consecutive months of usage within the past 10 years) by the ODP of the replaced ODS. (3) Calculate the projected ODP-weighted amount by multiplying the projected actual usage of the new substance by its ODP. (4) If the value calculated in paragraph (b)(32)(vi)(b)(2) of this section is more than the value calculated in paragraph (b)(32)(vi)(b)(3) of this section, then the projected use of the new substance is lower, on an ODP-weighted basis, than the baseline usage of the replaced ODS. (33) Replacement unit means an emissions unit for which all the criteria listed in paragraphs (b)(33)(i) through (iv) of this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (i) The emissions unit is a reconstructed unit within the meaning of §60.15(b)(1) of this chapter, or the emissions unit completely takes the place of an existing emissions unit. (ii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (iii) The replacement does not alter the basic design parameters (as discussed in paragraph (cc)(2) of this section) of the process unit. (iv) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. (34) Clean coal technology means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990. (35) Clean coal technology demonstration project means a project using funds appropriated under the heading “Department of Energy-Clean Coal Technology”, up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project. (36) Temporary clean coal technology demonstration project means a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the State implementation plans for the State in which the project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. (37) (i) Repowering means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. (ii) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy. (iii) The Administrator shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection and is granted an extension under section 409 of the Clean Air Act. (38) Reactivation of a very clean coal-fired electric utility steam generating unit means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit: (i) Has not been in operation for the two-year period prior to the enactment of the Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's emissions inventory at the time of enactment; (ii) Was equipped prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85 percent and a removal efficiency for particulates of no less than 98 percent; (iii) Is equipped with low-NOX burners prior to the time of commencement of operations following reactivation; and (iv) Is otherwise in compliance with the requirements of the Clean Air Act. (39) Pollution prevention means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain “in-process recycling” practices), energy recovery, treatment, or disposal. (40) Significant emissions increase means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in paragraph (b)(23) of this section) for that pollutant. (41)(i) Projected actual emissions means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. (ii) In determining the projected actual emissions under paragraph (b)(41)(i) of this section (before beginning actual construction), the owner or operator of the major stationary source: (a) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved State Implementation Plan; and (b) Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and (c) Shall exclude, in calculating any increase in emissions that results from he particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under paragraph (b)(48) of this section and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or (d) In lieu of using the method set out in paragraphs (a)(41)(ii)(a) through (c) of this section, may elect to use the emissions unit's potential to emit, in tons per year, as defined under paragraph (b)(4) of this section. (42) Clean Unit means any emissions unit that has been issued a major NSR permit that requires compliance with BACT or LAER, is complying with such BACT/LAER requirements, and qualifies as a Clean Unit pursuant to paragraph (x) of this section; or any emissions unit that has been designated by the Administrator as a Clean Unit, based on the criteria in paragraphs (y)(3)(i) through (iv) of this section; or any emissions unit that has been issued a major NSR permit that requires compliance with BACT or LAER, is complying with such BACT/LAER requirements, and qualifies as a Clean Unit pursuant to regulations approved into the State Implementation Plan in accordance with §51.165(c) or §51.166(u) of this chapter; or any emissions unit that has been designated by the reviewing authority as a Clean Unit in accordance with regulations approved into the plan to carry out §51.165(d) or §51.166(u) of this chapter. (43) Prevention of Significant Deterioration (PSD) program means the EPA-implemented major source preconstruction permit programs under this section or a major source preconstruction permit program that has been approved by the Administrator and incorporated into the State Implementation Plan pursuant to §51.166 of this chapter to implement the requirements of that section. Any permit issued under such a program is a major NSR permit. (44) Continuous emissions monitoring system (CEMS) means all of the equipment that may be required to meet the data acquisition and availability requirements of this section, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. (45) Predictive emissions monitoring system (PEMS) means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. (46) Continuous parameter monitoring system (CPMS) means all of the equipment necessary to meet the data acquisition and availability requirements of this section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis. (47) Continuous emissions rate monitoring system (CERMS) means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). (48) Baseline actual emissions means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with paragraphs (b)(48)(i) through (iv) of this section. (i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The Administrator shall allow the use of a different time period upon a determination that it is more representative of normal source operation. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. (c) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used For each regulated NSR pollutant. (d) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph (b)(48)(i)(b) of this section. (ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Administrator for a permit required under this section or by the reviewing authority for a permit required by a plan, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under part 63 of this chapter, the baseline actual emissions need only be adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of §51.165(a)(3)(ii)(G) of this chapter. (d) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used For each regulated NSR pollutant. (e) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs (b)(48)(ii)(b) and (c) of this section. (iii) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. (iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (b)(48)(i) of this section, for other existing emissions units in accordance with the procedures contained in paragraph (b)(48)(ii) of this section, and for a new emissions unit in accordance with the procedures contained in paragraph (b)(48)(iii) of this section. (49) [Reserved] (50) Regulated NSR pollutant, for purposes of this section, means the following: (i) Any pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the Administrator (e.g., volatile organic compounds and NOX are precursors for ozone); (ii) Any pollutant that is subject to any standard promulgated under section 111 of the Act; (iii) Any Class I or II substance subject to a standard promulgated under or established by title VI of the Act; or (iv) Any pollutant that otherwise is subject to regulation under the Act; except that any or all hazardous air pollutants either listed in section 112 of the Act or added to the list pursuant to section 112(b)(2) of the Act, which have not been delisted pursuant to section 112(b)(3) of the Act, are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act. (51) Reviewing authority means the State air pollution control agency, local agency, other State agency, Indian tribe, or other agency authorized by the Administrator to carry out a permit program under §51.165 and §51.166 of this chapter, or the Administrator in the case of EPA-implemented permit programs under this section. (52) Project means a physical change in, or change in the method of operation of, an existing major stationary source. (53) Lowest achievable emission rate (LAER) is as defined in §51.165(a)(1)(xiii) of this chapter. (54) Reasonably available control technology (RACT) is as defined in §51.100(o) of this chapter. (55)(i) In general, process unit means any collection of structures and/or equipment that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store an intermediate or a completed product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit. (ii) Pollution control equipment is not part of the process unit, unless it serves a dual function as both process and control equipment. Administrative and warehousing facilities are not part of the process unit. (iii) For replacement cost purposes, components shared between two or more process units are proportionately allocated based on capacity. (iv) The following list identifies the process units at specific categories of stationary sources. (a) For a steam electric generating facility, the process unit consists of those portions of the plant that contribute directly to the production of electricity. For example, at a pulverized coal-fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack (excluding post-combustion pollution controls), including the coal handling equipment, pulverizers or coal crushers, feedwater heaters, ash handling, boiler, burners, turbine-generator set, condenser, cooling tower, water treatment system, air preheaters, and operating control systems. Each separate generating unit is a separate process unit. (b) For a petroleum refinery, there are several categories of process units: those that separate and/or distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as steam generators and hydrogen production units; and those that load, unload, blend or store intermediate or completed products. (c) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack, including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans. Note to paragraph (b)(55): By a court order on December 24, 2003, this paragraph (b)(55) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. (56) Functionally equivalent component means a component that serves the same purpose as the replaced component. Note to paragraph (b)(56): By a court order on December 24, 2003, this paragraph (b)(56) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. (57) Fixed capital cost means the capital needed to provide all the depreciable components. “Depreciable components” refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph (b)(58) of this section. Note to paragraph (b)(57): By a court order on December 24, 2003, this paragraph (b)(57) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. (58) Total capital investment means the sum of the following: all costs required to purchase needed process equipment (purchased equipment costs); the costs of labor and materials for installing that equipment (direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and contingencies (indirect installation costs); land for the process equipment; and working capital for the process equipment. Note to paragraph (b)(58): By a court order on December 24, 2003, this paragraph (b)(58) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. (c) Ambient air increments. In areas designated as Class I, II or III, increases in pollutant concentration over the baseline concentration shall be limited to the following: ------------------------------------------------------------------------ Maximum allowable increase Pollutant (micrograms per cubic meter) ------------------------------------------------------------------------ Class I ------------------------------------------------------------------------ Particulate matter: PM-10, annual arithmetic mean.......................... 4 PM-10, 24-hr maximum................................... 8 Sulfur dioxide: Annual arithmetic mean................................. 2 24-hr maximum.......................................... 5 3-hr maximum........................................... 25 Nitrogen dioxide: Annual arithmetic mean................................. 2.5 Class II ------------------------------------------------------------------------ Particulate matter: PM-10, annual arithmetic mean.......................... 17 PM-10, 24-hr maximum................................... 30 Sulfur dioxide: Annual arithmetic mean................................. 20 24-hr maximum.......................................... 91 3-hr maximum........................................... 512 Nitrogen dioxide: Annual arithmetic mean................................. 25 ------------------------------------------------------------------------ Class III ------------------------------------------------------------------------ Particulate matter PM-10, annual arithmetic mean.......................... 34 PM-10, 24-hr maximum................................... 60 Sulfur dioxide: Annual arithmetic mean................................. 40 24-hr maximum.......................................... 182 3-hr maximum........................................... 700 Nitrogen dioxide: Annual arithmetic mean................................. 50 ------------------------------------------------------------------------ For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location. (d) Ambient air ceilings. No concentration of a pollutant shall exceed: (1) The concentration permitted under the national secondary ambient air quality standard, or (2) The concentration permitted under the national primary ambient air quality standard, whichever concentration is lowest for the pollutant for a period of exposure. (e) Restrictions on area classifications. (1) All of the following areas which were in existence on August 7, 1977, shall be Class I areas and may not be redesignated: (i) International parks, (ii) National wilderness areas which exceed 5,000 acres in size, (iii) National memorial parks which exceed 5,000 acres in size, and (iv) National parks which exceed 6,000 acres in size. (2) Areas which were redesignated as Class I under regulations promulgated before August 7, 1977, shall remain Class I, but may be redesignated as provided in this section. (3) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this section. (4) The following areas may be redesignated only as Class I or II: (i) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and (ii) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size. (f) [Reserved] (g) Redesignation. (1) All areas (except as otherwise provided under paragraph (e) of this section) are designated Class II as of December 5, 1974. Redesignation (except as otherwise precluded by paragraph (e) of this section) may be proposed by the respective States or Indian Governing Bodies, as provided below, subject to approval by the Administrator as a revision to the applicable State implementation plan. (2) The State may submit to the Administrator a proposal to redesignate areas of the State Class I or Class II provided that: (i) At least one public hearing has been held in accordance with procedures established in §51.102 of this chapter; (ii) Other States, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation were notified at least 30 days prior to the public hearing; (iii) A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation, was prepared and made available for public inspection at least 30 days prior to the hearing and the notice announcing the hearing contained appropriate notification of the availability of such discussion; (iv) Prior to the issuance of notice respecting the redesignation of an area that includes any Federal lands, the State has provided written notice to the appropriate Federal Land Manager and afforded adequate opportunity (not in excess of 60 days) to confer with the State respecting the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any Federal Land Manager had submitted written comments and recommendations, the State shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with the reasons for making such redesignation against the recommendation of the Federal Land Manager); and (v) The State has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation. (3) Any area other than an area to which paragraph (e) of this section refers may be redesignated as Class III if— (i) The redesignation would meet the requirements of paragraph (g)(2) of this section; (ii) The redesignation, except any established by an Indian Governing Body, has been specifically approved by the Governor of the State, after consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the legislature, if it is not in session (unless State law provides that the redesignation must be specifically approved by State legislation) and if general purpose units of local government representing a majority of the residents of the area to be redesignated enact legislation or pass resolutions concurring in the redesignation: (iii) The redesignation would not cause, or contribute to, a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the classification of any other area or any national ambient air quality standard; and (iv) Any permit application for any major stationary source or major modification, subject to review under paragraph (l) of this section, which could receive a permit under this section only if the area in question were redesignated as Class III, and any material submitted as part of that application, were available insofar as was practicable for public inspection prior to any public hearing on redesignation of the area as Class III. (4) Lands within the exterior boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body. The appropriate Indian Governing Body may submit to the Administrator a proposal to redesignate areas Class I, Class II, or Class III: Provided, That: (i) The Indian Governing Body has followed procedures equivalent to those required of a State under paragraphs (g)(2), (g)(3)(iii), and (g)(3)(iv) of this section; and (ii) Such redesignation is proposed after consultation with the State(s) in which the Indian Reservation is located and which border the Indian Reservation. (5) The Administrator shall disapprove, within 90 days of submission, a proposed redesignation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of this paragraph or is inconsistent with paragraph (e) of this section. If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved. (6) If the Administrator disapproves any proposed redesignation, the State or Indian Governing Body, as appropriate, may resubmit the proposal after correcting the deficiencies noted by the Administrator. (h) Stack heights. (1) The degree of emission limitation required for control of any air pollutant under this section shall not be affected in any manner by— (i) So much of the stack height of any source as exceeds good engineering practice, or (ii) Any other dispersion technique. (2) Paragraph (h)(1) of this section shall not apply with respect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before then. (i) Exemptions. (1) The requirements of paragraphs (j) through (r) of this section shall not apply to a particular major stationary source or major modification, if; (i) Construction commenced on the source or modification before August 7, 1977. The regulations at 40 CFR 52.21 as in effect before August 7, 1977, shall govern the review and permitting of any such source or modification; or (ii) The source or modification was subject to the review requirements of 40 CFR 52.21(d)(1) as in effect before March 1, 1978, and the owner or operator: (a) Obtained under 40 CFR 52.21 a final approval effective before March 1, 1978; (b) Commenced construction before March 19, 1979; and (c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or (iii) The source or modification was subject to 40 CFR 52.21 as in effect before March 1, 1978, and the review of an application for approval for the stationary source or modification under 40 CFR 52.21 would have been completed by March 1, 1978, but for an extension of the public comment period pursuant to a request for such an extension. In such a case, the application shall continue to be processed, and granted or denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or (iv) The source or modification was not subject to 40 CFR 52.21 as in effect before March 1, 1978, and the owner or operator: (a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the applicable State Implementation Plan before March 1, 1978; (b) Commenced construction before March 19, 1979; and (c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or (v) The source or modification was not subject to 40 CFR 52.21 as in effect on June 19, 1978 or under the partial stay of regulations published on February 5, 1980 (45 FR 7800), and the owner or operator: (a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the applicable State Implementation Plan before August 7, 1980; (b) Commenced construction within 18 months from August 7, 1980, or any earlier time required under the applicable State Implementation Plan; and (c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or (vi) The source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution, and the governor of the state in which the source or modification would be located requests that it be exempt from those requirements; or (vii) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories: (a) Coal cleaning plants (with thermal dryers); (b) Kraft pulp mills; (c) Portland cement plants; (d) Primary zinc smelters; (e) Iron and steel mills; (f) Primary aluminum ore reduction plants; (g) Primary copper smelters; (h) Municipal incinerators capable of charging more than 250 tons of refuse per day; (i) Hydrofluoric, sulfuric, or nitric acid plants; (j) Petroleum refineries; (k) Lime plants; (l) Phosphate rock processing plants; (m) Coke oven batteries; (n) Sulfur recovery plants; (o) Carbon black plants (furnace process); (p) Primary lead smelters; (q) Fuel conversion plants; (r) Sintering plants; (s) Secondary metal production plants; (t) Chemical process plants; (u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (w) Taconite ore processing plants; (x) Glass fiber processing plants; (y) Charcoal production plants; (z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; (aa) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act; or (viii) The source is a portable stationary source which has previously received a permit under this section, and (a) The owner or operator proposes to relocate the source and emissions of the source at the new location would be temporary; and (b) The emissions from the source would not exceed its allowable emissions; and (c) The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and (d) Reasonable notice is given to the Administrator prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Administrator not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the Administrator. (ix) The source or modification was not subject to §52.21, with respect to particulate matter, as in effect before July 31, 1987, and the owner or operator: (a) Obtained all final Federal, State, and local preconstruction approvals or permits necessary under the applicable State implementation plan before July 31, 1987; (b) Commenced construction within 18 months after July 31, 1987, or any earlier time required under the State implementation plan; and (c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable period of time. (x) The source or modification was subject to 40 CFR 52.21, with respect to particulate matter, as in effect before July 31, 1987 and the owner or operator submitted an application for a permit under this section before that date, and the Administrator subsequently determines that the application as submitted was complete with respect to the particular matter requirements then in effect in the section. Instead, the requirements of paragraphs (j) through (r) of this section that were in effect before July 31, 1987 shall apply to such source or modification. (2) The requirements of paragraphs (j) through (r) of this section shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment under section 107 of the Act. (3) The requirements of paragraphs (k), (m) and (o) of this section shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification: (i) Would impact no Class I area and no area where an applicable increment is known to be violated, and (ii) Would be temporary. (4) The requirements of paragraphs (k), (m) and (o) of this section as they relate to any maximum allowable increase for a Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than 50 tons per year. (5) The Administrator may exempt a stationary source or modification from the requirements of paragraph (m) of this section, with respect to monitoring for a particular pollutant if: (i) The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts: Carbon monoxide—575 µg/m 3 , 8-hour average; Nitrogen dioxide—14 µg/m 3 , annual average; Particulate matter—10 µg/m 3 of PM–10, 24-hour average; Sulfur dioxide—13 µg/m 3 , 24-hour average; Ozone; 1 1 No de minimis air quality level is provided for ozone. However, any net emissions increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air quality data. Lead—0.1 µg/m 3 , 3-month average; Fluorides—0.25 µg/m 3 , 24-hour average; Total reduced sulfur—10 µg/m 3 , 1-hour average; Hydrogen sulfide—0.2 µg/m 3 , 1-hour average; Reduced sulfur compounds—10 µg/m 3 , 1-hour average; or (ii) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph (i)(8)(i) of this section, or the pollutant is not listed in paragraph (i)(8)(i) of this section. (6) The requirements for best available control technology in paragraph (j) of this section and the requirements for air quality analyses in paragraph (m)(1) of this section, shall not apply to a particular stationary source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submitted an application for a permit under those regulations before August 7, 1980, and the Administrator subsequently determines that the application as submitted before that date was complete. Instead, the requirements at 40 CFR 52.21(j) and (n) as in effect on June 19, 1978 apply to any such source or modification. (7)(i) The requirements for air quality monitoring in paragraphs (m)(1) (ii) through (iv) of this section shall not apply to a particular source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submits an application for a permit under this section on or before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete with respect to the requirements of this section other than those in paragraphs (m)(1) (ii) through (iv) of this section, and with respect to the requirements for such analyses at 40 CFR 52.21(m)(2) as in effect on June 19, 1978. Instead, the latter requirements shall apply to any such source or modification. (ii) The requirements for air quality monitoring in paragraphs (m)(1) (ii) through (iv) of this section shall not apply to a particular source or modification that was not subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submits an application for a permit under this section on or before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete, except with respect to the requirements in paragraphs (m)(1) (ii) through (iv). (8)(i) At the discretion of the Administrator, the requirements for air quality monitoring of PM10 in paragraphs (m)(1) (i)—(iv) of this section may not apply to a particular source or modification when the owner or operator of the source or modification submits an application for a permit under this section on or before June 1, 1988 and the Administrator subsequently determines that the application as submitted before that date was complete, except with respect to the requirements for monitoring particulate matter in paragraphs (m)(1) (i)—(iv). (ii) The requirements for air quiality monitoring pf PM10 in paragraphs (m)(1), (ii) and (iv) and (m)(3) of this section shall apply to a particular source or modification if the owner or operator of the source or modification submits an application for a permit under this section after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (m)(1)(viii) of this section, except that if the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that paragraph (m)(1)(iii) requires shall have been gathered over a shorter period. (9) The requirements of paragraph (k)(2) of this section shall not apply to a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operator of the source or modification submitted an application for a permit under this section before the provisions embodying the maximum allowable increase took effect as part of the applicable implementation plan and the Administrator subsequently determined that the application as submitted before that date was complete. (10) The requirements in paragraph (k)(2) of this section shall not apply to a stationary source or modification with respect to any maximum allowable increase for PM–10 if (i) the owner or operator of the source or modification submitted an application for a permit under this section before the provisions embodying the maximum allowable increases for PM–10 took effect in an implementation plan to which this section applies, and (ii) the Administrator subsequently determined that the application as submitted before that date was otherwise complete. Instead, the requirements in paragraph (k)(2) shall apply with respect to the maximum allowable increases for TSP as in effect on the date the application was submitted. (j) Control technology review. (1) A major stationary source or major modification shall meet each applicable emissions limitation under the State Implementation Plan and each applicable emissions standard and standard of performance under 40 CFR parts 60 and 61. (2) A new major stationary source shall apply best available control technology for each regulated NSR pollutant that it would have the potential to emit in significant amounts. (3) A major modification shall apply best available control technology for each regulated NSR pollutant for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit. (4) For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source. (k) Source impact analysis. The owner or operator of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of: (1) Any national ambient air quality standard in any air quality control region; or (2) Any applicable maximum allowable increase over the baseline concentration in any area. (l) Air quality models. (1) All estimates of ambient concentrations required under this paragraph shall be based on applicable air quality models, data bases, and other requirements specified in appendix W of part 51 of this chapter (Guideline on Air Quality Models). (2) Where an air quality model specified in appendix W of part 51 of this chapter (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific state program. Written approval of the Administrator must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with paragraph (q) of this section. (m) Air quality analysis—(1) Preapplication analysis. (i) Any application for a permit under this section shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants: (a) For the source, each pollutant that it would have the potential to omit in a significant amount; (b) For the modification, each pollutant for which it would result in a significant net emissions increase. (ii) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Administrator determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect. (iii) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase. (iv) In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that, if the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months), the data that is required shall have been gathered over at least that shorter period. (v) For any application which becomes complete, except as to the requirements of paragraphs (m)(1) (iii) and (iv) of this section, between June 8, 1981, and February 9, 1982, the data that paragraph (m)(1)(iii) of this section, requires shall have been gathered over at least the period from February 9, 1981, to the date the application becomes otherwise complete, except that: (a) If the source or modification would have been major for that pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any monitoring data shall have been gathered over at least the period required by those regulations. (b) If the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than four months), the data that paragraph (m)(1)(iii) of this section, requires shall have been gathered over at least that shorter period. (c) If the monitoring data would relate exclusively to ozone and would not have been required under 40 CFR 52.21 as in effect on June 19, 1978, the Administrator may waive the otherwise applicable requirements of this paragraph (v) to the extent that the applicant shows that the monitoring data would be unrepresentative of air quality over a full year. (vi) The owner or operator of a proposed stationary source or modification of violatile organic compounds who satisfies all conditions of 40 CFR part 51 Appendix S, section IV may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as requried under paragraph (m)(1) of this section. (vii) For any application that becomes complete, except as to the requirements of paragraphs (m)(1) (iii) and (iv) pertaining to PM10, after December 1, 1988 and no later than August 1, 1989 the data that paragraph (m)(1)(iii) requires shall have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete, except that if the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that paragraph (m)(1)(iii) requires shall have been gathered over that shorter period. (viii) With respect to any requirements for air quality monitoring of PM10 under paragraphs (i)(11) (i) and (ii) of this section the owner or operator of the source or modification shall use a monitoring method approved by the Administrator and shall estimate the ambient concentrations of PM10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator. (2) Post-construction monitoring. The owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the Administrator determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area. (3) Operations of monitoring stations. The owner or operator of a major stationary source or major modification shall meet the requirements of Appendix B to part 58 of this chapter during the operation of monitoring stations for purposes of satisfying paragraph (m) of this section. (n) Source information. The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or make any determination required under this section. (1) With respect to a source or modification to which paragraphs (j), (l), (n) and (p) of this section apply, such information shall include: (i) A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout; (ii) A detailed schedule for construction of the source or modification; (iii) A detailed description as to what system of continuous emission reduction is planned for the source or modification, emission estimates, and any other information necessary to determine that best available control technology would be applied. (2) Upon request of the Administrator, the owner or operator shall also provide information on: (i) The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and (ii) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect. (o) Additional impact analyses. (1) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value. (2) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification. (3) Visibility monitoring. The Administrator may require monitoring of visibility in any Federal class I area near the proposed new stationary source for major modification for such purposes and by such means as the Administrator deems necessary and appropriate. (p) Sources impacting Federal Class I areas—additional requirements—(1) Notice to Federal land managers. The Administrator shall provide written notice of any permit application for a proposed major stationary source or major modification, the emissions from which may affect a Class I area, to the Federal land manager and the Federal official charged with direct responsibility for management of any lands within any such area. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis of the proposed source's anticipated impacts on visibility in the Federal Class I area. The Administrator shall also provide the Federal land manager and such Federal officials with a copy of the preliminary determination required under paragraph (q) of this section, and shall make available to them any materials used in making that determination, promptly after the Administrator makes such determination. Finally, the Administrator shall also notify all affected Federal land managers within 30 days of receipt of any advance notification of any such permit application. (2) Federal Land Manager. The Federal Land Manager and the Federal official charged with direct responsibility for management of such lands have an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the Administrator, whether a proposed source or modification will have an adverse impact on such values. (3) Visibility analysis. The Administrator shall consider any analysis performed by the Federal land manager, provided within 30 days of the notification required by paragraph (p)(1) of this section, that shows that a proposed new major stationary source or major modification may have an adverse impact on visibility in any Federal Class I area. Where the Administrator finds that such an analysis does not demonstrate to the satisfaction of the Administrator that an adverse impact on visibility will result in the Federal Class I area, the Administrator must, in the notice of public hearing on the permit application, either explain his decision or give notice as to where the explanation can be obtained. (4) Denial—impact on air quality related values. The Federal Land Manager of any such lands may demonstrate to the Administrator that the emissions from a proposed source or modification would have an adverse impact on the air quality-related values (including visibility) of those lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Administrator concurs with such demonstration, then he shall not issue the permit. (5) Class I variances. The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal land manager concurs with such demonstration and he so certifies, the State may authorize the Administrator: Provided, That the applicable requirements of this section are otherwise met, to issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, particulate matter, and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants: ------------------------------------------------------------------------ Maximum allowable increase Pollutant (micrograms per cubic meter) ------------------------------------------------------------------------ Particulate matter: PM-10, annual arithmetic mean.......................... 17 PM-10, 24-hr maximum................................... 30 Sulfur dioxide: Annual arithmetic mean................................. 20 24-hr maximum.......................................... 91 3-hr maximum........................................... 325 Nitrogen dioxide: Annual arithmetic mean................................. 25 ------------------------------------------------------------------------ (6) Sulfur dioxide variance by Governor with Federal Land Manager's concurrence. The owner or operator of a proposed source or modification which cannot be approved under paragraph (q)(4) of this section may demonstrate to the Governor that the source cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of twenty-four hours or less applicable to any Class I area and, in the case of Federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increase. If such variance is granted, the Administrator shall issue a permit to such source or modification pursuant to the requirements of paragraph (q)(7) of this section: Provided, That the applicable requirements of this section are otherwise met. (7) Variance by the Governor with the President's concurrence. In any case where the Governor recommends a variance in which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the Governor's recommendation if he finds that the variance is in the national interest. If the variance is approved, the Administrator shall issue a permit pursuant to the requirements of paragraph (q)(7) of this section: Provided, That the applicable requirements of this section are otherwise met. (8) Emission limitations for Presidential or gubernatorial variance. In the case of a permit issued pursuant to paragraph (q) (5) or (6) of this section the source or modification shall comply with such emission limitations as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which would exceed the following maximum allowable increases over the baseline concentration and to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period: Maximum Allowable Increase [Micrograms per cubic meter] ------------------------------------------------------------------------ Terrain areas Period of exposure ------------------- Low High ------------------------------------------------------------------------ 24-hr maximum....................................... 36 62 3-hr maximum........................................ 130 221 ------------------------------------------------------------------------ (q) Public participation. The Administrator shall follow the applicable procedures of 40 CFR part 124 in processing applications under this section. The Administrator shall follow the procedures at 40 CFR 52.21(r) as in effect on June 19, 1979, to the extent that the procedures of 40 CFR part 124 do not apply. (r) Source obligation. (1) Any owner or operator who constructs or operates a source or modification not in accordance with the application submitted pursuant to this section or with the terms of any approval to construct, or any owner or operator of a source or modification subject to this section who commences construction after the effective date of these regulations without applying for and receiving approval hereunder, shall be subject to appropriate enforcement action. (2) Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The Administrator may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected and approved commencement date. (3) Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the State implementation plan and any other requirements under local, State, or Federal law. (4) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements or paragraphs (j) through (s) of this section shall apply to the source or modification as though construction had not yet commenced on the source or modification. (5) [Reserved] (6) The provisions of this paragraph (r)(6) apply to projects at an existing emissions unit at a major stationary source (other than projects at a Clean Unit or at a source with a PAL) in circumstances where there is a reasonable possibility that a project that is not a part of a major modification may result in a significant emissions increase and the owner or operator elects to use the method specified in paragraphs (b)(41)(ii)(a) through (c) of this section for calculating projected actual emissions. (i) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information: (a) A description of the project; (b) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and (c) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (b)(41)(ii)(c) of this section and an explanation for why such amount was excluded, and any netting calculations, if applicable. (ii) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in paragraph (r)(6)(i) of this section to the Administrator. Nothing in this paragraph (r)(6)(ii) shall be construed to require the owner or operator of such a unit to obtain any determination from the Administrator before beginning actual construction. (iii) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in paragraph (r)(6)(i)(b) of this section; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity of or potential to emit that regulated NSR pollutant at such emissions unit. (iv) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Administrator within 60 days after the end of each year during which records must be generated under paragraph (r)(6)(iii) of this section setting out the unit's annual emissions during the calendar year that preceded submission of the report. (v) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Administrator if the annual emissions, in tons per year, from the project identified in paragraph (r)(6)(i) of this section, exceed the baseline actual emissions (as documented and maintained pursuant to paragraph (r)(6)(i)(c) of this section), by a significant amount (as defined in paragraph (b)(23) of this section) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph (r)(6)(i)(c) of this section. Such report shall be submitted to the Administrator within 60 days after the end of such year. The report shall contain the following: (a) The name, address and telephone number of the major stationary source; (b) The annual emissions as calculated pursuant to paragraph (r)(6)(iii) of this section; and (c) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection). (7) The owner or operator of the source shall make the information required to be documented and maintained pursuant to paragraph (r)(6) of this section available for review upon a request for inspection by the Administrator or the general public pursuant to the requirements contained in §70.4(b)(3)(viii) of this chapter. (s) Environmental impact statements. Whenever any proposed source or modification is subject to action by a Federal Agency which might necessitate preparation of an environmental impact statement pursuant to the National Environmental Policy Act (42 U.S.C. 4321), review by the Administrator conducted pursuant to this section shall be coordinated with the broad environmental reviews under that Act and under section 309 of the Clean Air Act to the maximum extent feasible and reasonable. (t) Disputed permits or redesignations. If any State affected by the redesignation of an area by an Indian Governing Body, or any Indian Governing Body of a tribe affected by the redesignation of an area by a State, disagrees with such redesignation, or if a permit is proposed to be issued for any major stationary source or major modification proposed for construction in any State which the Governor of an affected State or Indian Governing Body of an affected tribe determines will cause or contribute to a cumulative change in air quality in excess of that allowed in this part within the affected State or Indian Reservation, the Governor or Indian Governing Body may request the Administrator to enter into negotiations with the parties involved to resolve such dispute. If requested by any State or Indian Governing Body involved, the Administrator shall make a recommendation to resolve the dispute and protect the air quality related values of the lands involved. If the parties involved do not reach agreement, the Administrator shall resolve the dispute and his determination, or the results of agreements reached through other means, shall become part of the applicable State implementation plan and shall be enforceable as part of such plan. In resolving such disputes relating to area redesignation, the Administrator shall consider the extent to which the lands involved are of sufficient size to allow effective air quality management or have air quality related values of such an area. (u) Delegation of authority. (1) The Administrator shall have the authority to delegate his responsibility for conducting source review pursuant to this section, in accordance with paragraphs (v) (2) and (3) of this section. (2) Where the Administrator delegates the responsibility for conducting source review under this section to any agency other than a Regional Office of the Environmental Protection Agency, the following provisions shall apply: (i) Where the delegate agency is not an air pollution control agency, it shall consult with the appropriate State and local air pollution control agency prior to making any determination under this section. Similarly, where the delegate agency does not have continuing responsibility for managing land use, it shall consult with the appropriate State and local agency primarily responsible for managing land use prior to making any determination under this section. (ii) The delegate agency shall send a copy of any public comment notice required under paragraph (r) of this section to the Administrator through the appropriate Regional Office. (3) The Administrator's authority for reviewing a source or modification located on an Indian Reservation shall not be redelegated other than to a Regional Office of the Environmental Protection Agency, except where the State has assumed jurisdiction over such land under other laws. Where the State has assumed such jurisdiction, the Administrator may delegate his authority to the States in accordance with paragraph (v)(2) of this section. (4) In the case of a source or modification which proposes to construct in a class III area, emissions from which would cause or contribute to air quality exceeding the maximum allowable increase applicable if the area were designated a class II area, and where no standard under section 111 of the act has been promulgated for such source category, the Administrator must approve the determination of best available control technology as set forth in the permit. (v) Innovative control technology. (1) An owner or operator of a proposed major stationary source or major modification may request the Administrator in writing no later than the close of the comment period under 40 CFR 124.10 to approve a system of innovative control technology. (2) The Administrator shall, with the consent of the governor(s) of the affected state(s), determine that the source or modification may employ a system of innovative control technology, if: (i) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; (ii) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under paragraph (j)(2) of this section, by a date specified by the Administrator. Such date shall not be later than 4 years from the time of startup or 7 years from permit issuance; (iii) The source or modification would meet the requirements of paragraphs (j) and (k) of this section, based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Administrator; (iv) The source or modification would not before the date specified by the Administrator: (a) Cause or contribute to a violation of an applicable national ambient air quality standard; or (b) Impact any area where an applicable increment is known to be violated; and (v) All other applicable requirements including those for public participation have been met. (vi) The provisions of paragraph (p) of this section (relating to Class I areas) have been satisfied with respect to all periods during the life of the source or modification. (3) The Administrator shall withdraw any approval to employ a system of innovative control technology made under this section, if: (i) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or (ii) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or (iii) The Administrator decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety. (4) If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with paragraph (v)(3) of this section, the Administrator may allow the source or modification up to an additional 3 years to meet the requirement for the application of best available control technology through use of a demonstrated system of control. (w) Permit rescission. (1) Any permit issued under this section or a prior version of this section shall remain in effect, unless and until it expires under paragraph (s) of this section or is rescinded. (2) Any owner or operator of a stationary source or modification who holds a permit for the source or modification which was issued under 40 CFR 52.21 as in effect on July 30, 1987, or any earlier version of this section, may request that the Administrator rescind the permit or a particular portion of the permit. (3) The Administrator shall grant an application for rescission if the application shows that this section would not apply to the source or modification. (4) If the Administrator rescinds a permit under this paragraph, the public shall be given adequate notice of the rescission. Publication of an announcement of rescission in a newspaper of general circulation in the affected region within 60 days of the rescission shall be considered adequate notice. (x) Clean Unit Test for emissions units that are subject to BACT or LAER. An owner or operator of a major stationary source has the option of using the Clean Unit Test to determine whether emissions increases at a Clean Unit are part of a project that is a major modification according to the provisions in paragraphs (x)(1) through (9) of this section. (1) Applicability. The provisions of this paragraph (x) apply to any emissions unit for which a reviewing authority has issued a major NSR permit within the last 10 years. (2) General provisions for Clean Units. The provisions in paragraphs (x)(2)(i) through (iv) of this section apply to a Clean Unit. (i) Any project for which the owner or operator begins actual construction after the effective date of the Clean Unit designation (as determined in accordance with paragraph (x)(4) of this section) and before the expiration date (as determined in accordance with paragraph (x)(5) of this section) will be considered to have occurred while the emissions unit was a Clean Unit. (ii) If a project at a Clean Unit does not cause the need for a change in the emission limitations or work practice requirements in the permit for the unit that were adopted in conjunction with BACT and the project would not alter any physical or operational characteristics that formed the basis for the BACT determination as specified in paragraph (x)(6)(iv) of this section, the emissions unit remains a Clean Unit. (iii) If a project causes the need for a change in the emission limitations or work practice requirements in the permit for the unit that were adopted in conjunction with BACT or the project would alter any physical or operational characteristics that formed the basis for the BACT determination as specified in paragraph (x)(6)(iv) of this section, then the emissions unit loses its designation as a Clean Unit upon issuance of the necessary permit revisions (unless the unit re-qualifies as a Clean Unit pursuant to paragraph (x)(3)(iii) of this section). If the owner or operator begins actual construction on the project without first applying to revise the emissions unit's permit, the Clean Unit designation ends immediately prior to the time when actual construction begins. (iv) A project that causes an emissions unit to lose its designation as a Clean Unit is subject to the applicability requirements of paragraphs (a)(2)(iv)(a) through (d) and paragraph (a)(2)(iv)(f) of this section as if the emissions unit is not a Clean Unit. (3) Qualifying or re-qualifying to use the Clean Unit Applicability Test. An emissions unit automatically qualifies as a Clean Unit when the unit meets the criteria in paragraphs (x)(3)(i) and (ii) of this section. After the original Clean Unit expires in accordance with paragraph (x)(5) of this section or is lost pursuant to paragraph (x)(2)(iii) of this section, such emissions unit may re-qualify as a Clean Unit under either paragraph (x)(3)(iii) of this section, or under the Clean Unit provisions in paragraph (y) of this section. To re-qualify as a Clean Unit under paragraph (x)(3)(iii) of this section, the emissions unit must obtain a new major NSR permit issued through the applicable PSD program and meet all the criteria in paragraph (x)(3)(iii) of this section. The Clean Unit designation applies individually for each pollutant emitted by the emissions unit. (i) Permitting requirement. The emissions unit must have received a major NSR permit within the last 10 years. The owner or operator must maintain and be able to provide information that would demonstrate that this permitting requirement is met. (ii) Qualifying air pollution control technologies. Air pollutant emissions from the emissions unit must be reduced through the use of air pollution control technology (which includes pollution prevention as defined under paragraph (b)(39) of this section or work practices) that meets both the following requirements in paragraphs (x)(3)(ii)(a) and (b) of this section. (a) The control technology achieves the BACT or LAER level of emissions reductions as determined through issuance of a major NSR permit within the past 10 years. However, the emissions unit is not eligible for the Clean Unit designation if the BACT determination resulted in no requirement to reduce emissions below the level of a standard, uncontrolled, new emissions unit of the same type. (b) The owner or operator made an investment to install the control technology. For the purpose of this determination, an investment includes expenses to research the application of a pollution prevention technique to the emissions unit or expenses to apply a pollution prevention technique to an emissions unit. (iii) Re-qualifying for the Clean Unit designation. The emissions unit must obtain a new major NSR permit that requires compliance with the current-day BACT (or LAER), and the emissions unit must meet the requirements in paragraphs (x)(3)(i) and (x)(3)(ii) of this section. (4) Effective date of the Clean Unit designation. The effective date of an emissions unit's Clean Unit designation (that is, the date on which the owner or operator may begin to use the Clean Unit Test to determine whether a project at the emissions unit is a major modification) is determined according to the applicable paragraph (x)(4)(i) or (x)(4)(ii) of this section. (i) Original Clean Unit designation, and emissions units that re-qualify as Clean Units by implementing new control technology to meet current-day BACT. The effective date is the date the emissions unit's air pollution control technology is placed into service, or 3 years after the issuance date of the major NSR permit, whichever is earlier, but no sooner than March 3, 2003, that is the date these provisions become effective. (ii) Emissions units that re-qualify for the Clean Unit designation using an existing control technology. The effective date is the date the new, major NSR permit is issued. (5) Clean Unit expiration. An emissions unit's Clean Unit designation expires (that is, the date on which the owner or operator may no longer use the Clean Unit Test to determine whether a project affecting the emissions unit is, or is part of, a major modification) according to the applicable paragraph (x)(5)(i) or (ii) of this section. (i) Original Clean Unit designation, and emissions units that re-qualify by implementing new control technology to meet current-day BACT. For any emissions unit that automatically qualifies as a Clean Unit under paragraphs (x)(3)(i) and (ii) of this section or re-qualifies by implementing new control technology to meet current-day BACT under paragraph (x)(3)(iii) of this section, the Clean Unit designation expires 10 years after the effective date, or the date the equipment went into service, whichever is earlier; or, it expires at any time the owner or operator fails to comply with the provisions for maintaining the Clean Unit designation in paragraph (x)(7) of this section. (ii) Emissions units that re-qualify for the Clean Unit designation using an existing control technology. For any emissions unit that re-qualifies as a Clean Unit under paragraph (x)(3)(iii) of this section using an existing control technology, the Clean Unit designation expires 10 years after the effective date; or, it expires any time the owner or operator fails to comply with the provisions for maintaining the Clean Unit designation in paragraph (x)(7) of this section. (6) Required title V permit content for a Clean Unit. After the effective date of the Clean Unit designation, and in accordance with the provisions of the applicable title V permit program under part 70 or part 71 of this chapter, but no later than when the title V permit is renewed, the title V permit for the major stationary source must include the following terms and conditions in paragraphs (x)(6)(i) through (vi) of this section related to the Clean Unit. (i) A statement indicating that the emissions unit qualifies as a Clean Unit and identifying the pollutant(s) for which this designation applies. (ii) The effective date of the Clean Unit designation. If this date is not known when the Clean Unit designation is initially recorded in the title V permit (e.g., because the air pollution control technology is not yet in service), the permit must describe the event that will determine the effective date (e.g., the date the control technology is placed into service). Once the effective date is determined, the owner or operator must notify the Administrator of the exact date. This specific effective date must be added to the source's title V permit at the first opportunity, such as a modification, revision, reopening, or renewal of the title V permit for any reason, whichever comes first, but in no case later than the next renewal. (iii) The expiration date of the Clean Unit designation. If this date is not known when the Clean Unit designation is initially recorded into the title V permit (e.g., because the air pollution control technology is not yet in service), then the permit must describe the event that will determine the expiration date (e.g., the date the control technology is placed into service). Once the expiration date is determined, the owner or operator must notify the Administrator of the exact date. The expiration date must be added to the source's title V permit at the first opportunity, such as a modification, revision, reopening, or renewal of the title V permit for any reason, whichever comes first, but in no case later than the next renewal. (iv) All emission limitations and work practice requirements adopted in conjunction with BACT, and any physical or operational characteristics which formed the basis for the BACT determination (e.g., possibly the emissions unit's capacity or throughput). (v) Monitoring, recordkeeping, and reporting requirements as necessary to demonstrate that the emissions unit continues to meet the criteria for maintaining the Clean Unit designation. (See paragraph (x)(7) of this section.) (vi) Terms reflecting the owner or operator's duties to maintain the Clean Unit designation and the consequences of failing to do so, as presented in paragraph (x)(7) of this section. (7) Maintaining the Clean Unit designation. To maintain the Clean Unit designation, the owner or operator must conform to all the restrictions listed in paragraphs (x)(7)(i) through (iii) of this section. This paragraph (x)(7) applies independently to each pollutant for which the emissions unit has the Clean Unit designation. That is, failing to conform to the restrictions for one pollutant affects the Clean Unit designation only for that pollutant. (i) The Clean Unit must comply with the emission limitation(s) and/or work practice requirements adopted in conjunction with the BACT that is recorded in the major NSR permit, and subsequently reflected in the title V permit. The owner or operator may not make a physical change in or change in the method of operation of the Clean Unit that causes the emissions unit to function in a manner that is inconsistent with the physical or operational characteristics that formed the basis for the BACT determination (e.g., possibly the emissions unit's capacity or throughput). (ii) The Clean Unit must comply with any terms and conditions in the title V permit related to the unit's Clean Unit designation. (iii) The Clean Unit must continue to control emissions using the specific air pollution control technology that was the basis for its Clean Unit designation. If the emissions unit or control technology is replaced, then the Clean Unit designation ends. (8) Netting at Clean Units. Emissions changes that occur at a Clean Unit must not be included in calculating a significant net emissions increase (that is, must not be used in a “netting analysis”), unless such use occurs before the effective date of the Clean Unit designation, or after the Clean Unit designation expires; or, unless the emissions unit reduces emissions below the level that qualified the unit as a Clean Unit. However, if the Clean Unit reduces emissions below the level that qualified the unit as a Clean Unit, then the owner or operator may generate a credit for the difference between the level that qualified the unit as a Clean Unit and the new emissions limit if such reductions are surplus, quantifiable, and permanent. For purposes of generating offsets, the reductions must also be federally enforceable. For purposes of determining creditable net emissions increases and decreases, the reductions must also be enforceable as a practical matter. (9) Effect of redesignation on the Clean Unit designation. The Clean Unit designation of an emissions unit is not affected by re-designation of the attainment status of the area in which it is located. That is, if a Clean Unit is located in an attainment area and the area is redesignated to nonattainment, its Clean Unit designation is not affected. Similarly, redesignation from nonattainment to attainment does not affect the Clean Unit designation. However, if an existing Clean Unit designation expires, it must re-qualify under the requirements that are currently applicable in the area. (y) Clean Unit provisions for emissions units that achieve an emission limitation comparable to BACT. An owner or operator of a major stationary source has the option of using the Clean Unit Test to determine whether emissions increases at a Clean Unit are part of a project that is a major modification according to the provisions in paragraphs (y)(1) through (11) of this section. (1) Applicability. The provisions of this paragraph (y) apply to emissions units which do not qualify as Clean Units under paragraph (x) of this section, but which are achieving a level of emissions control comparable to BACT, as determined by the Administrator in accordance with this paragraph (y). (2) General provisions for Clean Units. The provisions in paragraphs (y)(2)(i) through (iv) of this section apply to a Clean Unit (designated under this paragraph (y)). (i) Any project for which the owner or operator begins actual construction after the effective date of the Clean Unit designation (as determined in accordance with paragraph (y)(5) of this section) and before the expiration date (as determined in accordance with paragraph (y)(6) of this section) will be considered to have occurred while the emissions unit was a Clean Unit. (ii) If a project at a Clean Unit does not cause the need for a change in the emission limitations or work practice requirements in the permit for the unit that have been determined (pursuant to paragraph (y)(4) of this section) to be comparable to BACT, and the project would not alter any physical or operational characteristics that formed the basis for determining that the emissions unit's control technology achieves a level of emissions control comparable to BACT as specified in paragraph (y)(8)(iv) of this section, the emissions unit remains a Clean Unit. (iii) If a project causes the need for a change in the emission limitations or work practice requirements in the permit for the unit that have been determined (pursuant to paragraph (y)(4) of this section) to be comparable to BACT, or the project would alter any physical or operational characteristics that formed the basis for determining that the emissions unit's control technology achieves a level of emissions control comparable to BACT as specified in paragraph (y)(8)(iv) of this section, then the emissions unit loses its designation as a Clean Unit upon issuance of the necessary permit revisions (unless the unit re-qualifies as a Clean Unit pursuant to paragraph (u)(3)(iv) of this section). If the owner or operator begins actual construction on the project without first applying to revise the emissions unit's permit, the Clean Unit designation ends immediately prior to the time when actual construction begins. (iv) A project that causes an emissions unit to lose its designation as a Clean Unit is subject to the applicability requirements of paragraphs (a)(2)(iv)(a) through (d) and paragraph (a)(2)(iv)(f) of this section as if the emissions unit is not a Clean Unit. (3) Qualifying or re-qualifying to use the Clean Unit applicability test. An emissions unit qualifies as a Clean Unit when the unit meets the criteria in paragraphs (y)(3)(i) through (iii) of this section. After the original Clean Unit designation expires in accordance with paragraph (y)(6) of this section or is lost pursuant to paragraph (y)(2)(iii) of this section, such emissions unit may re-qualify as a Clean Unit under either paragraph (y)(3)(iv) of this section, or under the Clean Unit provisions in paragraph (x) of this section. To re-qualify as a Clean Unit under paragraph (y)(3)(iv) of this section, the emissions unit must obtain a new permit issued pursuant to the requirements in paragraphs (y)(7) and (8) of this section and meet all the criteria in paragraph (y)(3)(iv) of this section. The Administrator will make a separate Clean Unit designation for each pollutant emitted by the emissions unit for which the emissions unit qualifies as a Clean Unit. (i) Qualifying air pollution control technologies. Air pollutant emissions from the emissions unit must be reduced through the use of air pollution control technology (which includes pollution prevention as defined under paragraph (b)(39) of this section or work practices) that meets both the following requirements in paragraphs (y)(3)(i)(a) and (b) of this section. (a) The owner or operator has demonstrated that the emissions unit's control technology is comparable to BACT according to the requirements of paragraph (y)(4) of this section. However, the emissions unit is not eligible for a Clean Unit designation if its emissions are not reduced below the level of a standard, uncontrolled emissions unit of the same type (e.g., if the BACT determinations to which it is compared have resulted in a determination that no control measures are required). (b) The owner or operator made an investment to install the control technology. For the purpose of this determination, an investment includes expenses to research the application of a pollution prevention technique to the emissions unit or to retool the unit to apply a pollution prevention technique. (ii) Impact of emissions from the unit. The Administrator must determine that the allowable emissions from the emissions unit will not cause or contribute to a violation of any national ambient air quality standard or PSD increment, or adversely impact an air quality related value (such as visibility) that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public. (iii) Date of installation. An emissions unit may qualify as a Clean Unit even if the control technology, on which the Clean Unit designation is based, was installed before March 3, 2003. However, for such emissions units, the owner or operator must apply for the Clean Unit designation before December 31, 2004. For technologies installed on and after March 3, 2003, the owner or operator must apply for the Clean Unit designation at the time the control technology is installed. (iv) Re-qualifying as a Clean Unit. The emissions unit must obtain a new permit (pursuant to requirements in paragraphs (y)(7) and (8) of this section) that demonstrates that the emissions unit's control technology is achieving a level of emission control comparable to current-day BACT, and the emissions unit must meet the requirements in paragraphs (y)(3)(i)(a) and (y)(3)(ii) of this section. (4) Demonstrating control effectiveness comparable to BACT. The owner or operator may demonstrate that the emissions unit's control technology is comparable to BACT for purposes of paragraph (y)(3)(i) of this section according to either paragraph (y)(4)(i) or (ii) of this section. Paragraph (y)(4)(iii) of this section specifies the time for making this comparison. (i) Comparison to previous BACT and LAER determinations. The Administrator maintains an on-line data base of previous determinations of RACT, BACT, and LAER in the RACT/BACT/LAER Clearinghouse (RBLC). The emissions unit's control technology is presumed to be comparable to BACT if it achieves an emission limitation that is equal to or better than the average of the emission limitations achieved by all the sources for which a BACT or LAER determination has been made within the preceding 5 years and entered into the RBLC, and for which it is technically feasible to apply the BACT or LAER control technology to the emissions unit. The Administrator shall also compare this presumption to any additional BACT or LAER determinations of which he or she is aware, and shall consider any information on achieved-in-practice pollution control technologies provided during the public comment period, to determine whether any presumptive determination that the control technology is comparable to BACT is correct. (ii) The substantially-as-effective test. The owner or operator may demonstrate that the emissions unit's control technology is substantially as effective as BACT. In addition, any other person may present evidence related to whether the control technology is substantially as effective as BACT during the public participation process required under paragraph (y)(7) of this section. The Administrator shall consider such evidence on a case-by-case basis and determine whether the emissions unit's air pollution control technology is substantially as effective as BACT. (iii) Time of comparison. (a) Emissions units with control technologies that are installed before March 3, 2003. The owner or operator of an emissions unit whose control technology is installed before March 3, 2003 may, at its option, either demonstrate that the emission limitation achieved by the emissions unit's control technology is comparable to the BACT requirements that applied at the time the control technology was installed, or demonstrate that the emission limitation achieved by the emissions unit's control technology is comparable to current-day BACT requirements. The expiration date of the Clean Unit designation will depend on which option the owner or operator uses, as specified in paragraph (y)(6) of this section. (b) Emissions units with control technologies that are installed on and after March 3, 2003. The owner or operator must demonstrate that the emission limitation achieved by the emissions unit's control technology is comparable to current-day BACT requirements. (5) Effective date of the Clean Unit designation. The effective date of an emissions unit's Clean Unit designation (that is, the date on which the owner or operator may begin to use the Clean Unit Test to determine whether a project involving the emissions unit is a major modification) is the date that the permit required by paragraph (y)(7) of this section is issued or the date that the emissions unit's air pollution control technology is placed into service, whichever is later. (6) Clean Unit expiration. If the owner or operator demonstrates that the emission limitation achieved by the emissions unit's control technology is comparable to the BACT requirements that applied at the time the control technology was installed, then the Clean Unit designation expires 10 years from the date that the control technology was installed. For all other emissions units, the Clean Unit designation expires 10 years from the effective date of the Clean Unit designation, as determined according to paragraph (y)(5) of this section. In addition, for all emissions units, the Clean Unit designation expires any time the owner or operator fails to comply with the provisions for maintaining the Clean Unit designation in paragraph (y)(9) of this section. (7) Procedures for designating emissions units as Clean Units. The Administrator shall designate an emissions unit a Clean Unit only by issuing a permit through a permitting program that has been approved by the Administrator and that conforms with the requirements of §§51.160 through 51.164 of this chapter including requirements for public notice of the proposed Clean Unit designation and opportunity for public comment. Such permit must also meet the requirements in paragraph (y)(8) of this section. (8) Required permit content. The permit required by paragraph (y)(7) of this section shall include the terms and conditions set forth in paragraphs (y)(8)(i) through (vi) of this section. Such terms and conditions shall be incorporated into the major stationary source's title V permit in accordance with the provisions of the applicable title V permit program under part 70 or part 71 of this chapter, but no later than when the title V permit is renewed. (i) A statement indicating that the emissions unit qualifies as a Clean Unit and identifying the pollutant(s) for which this designation applies. (ii) The effective date of the Clean Unit designation. If this date is not known when the Administrator issues the permit (e.g., because the air pollution control technology is not yet in service), then the permit must describe the event that will determine the effective date (e.g., the date the control technology is placed into service). Once the effective date is known, then the owner or operator must notify the Administrator of the exact date. This specific effective date must be added to the source's title V permit at the first opportunity, such as a modification, revision, reopening, or renewal of the title V permit for any reason, whichever comes first, but in no case later than the next renewal. (iii) The expiration date of the Clean Unit designation. If this date is not known when the Administrator issues the permit (e.g., because the air pollution control technology is not yet in service), then the permit must describe the event that will determine the expiration date (e.g., the date the control technology is placed into service). Once the expiration date is known, then the owner or operator must notify the Administrator of the exact date. The expiration date must be added to the source's title V permit at the first opportunity, such as a modification, revision, reopening, or renewal of the title V permit for any reason, whichever comes first, but in no case later than the next renewal. (iv) All emission limitations and work practice requirements adopted in conjunction with emission limitations necessary to assure that the control technology continues to achieve an emission limitation comparable to BACT, and any physical or operational characteristics that formed the basis for determining that the emissions unit's control technology achieves a level of emissions control comparable to BACT (e.g., possibly the emissions unit's capacity or throughput). (v) Monitoring, recordkeeping, and reporting requirements as necessary to demonstrate that the emissions unit continues to meet the criteria for maintaining its Clean Unit designation. (See paragraph (y)(9) of this section.) (vi) Terms reflecting the owner or operator's duties to maintain the Clean Unit designation and the consequences of failing to do so, as presented in paragraph (y)(9) of this section. (9) Maintaining a Clean Unit designation. To maintain the Clean Unit designation, the owner or operator must conform to all the restrictions listed in paragraphs (y)(9)(i) through (v) of this section. This paragraph (y)(9) applies independently to each pollutant for which the Administrator has designated the emissions unit a Clean Unit. That is, failing to conform to the restrictions for one pollutant affects the Clean Unit designation only for that pollutant. (i) The Clean Unit must comply with the emission limitation(s) and/or work practice requirements adopted to ensure that the control technology continues to achieve emission control comparable to BACT. (ii) The owner or operator may not make a physical change in or change in the method of operation of the Clean Unit that causes the emissions unit to function in a manner that is inconsistent with the physical or operational characteristics that formed the basis for the determination that the control technology is achieving a level of emission control that is comparable to BACT (e.g., possibly the emissions unit's capacity or throughput). (iii) [Reserved] (iv) The Clean Unit must comply with any terms and conditions in the title V permit related to the unit's Clean Unit designation. (v) The Clean Unit must continue to control emissions using the specific air pollution control technology that was the basis for its Clean Unit designation. If the emissions unit or control technology is replaced, then the Clean Unit designation ends. (10) Netting at Clean Units. Emissions changes that occur at a Clean Unit must not be included in calculating a significant net emissions increase (that is, must not be used in a “netting analysis”) unless such use occurs before March 3, 2003 or after the Clean Unit designation expires; or, unless the emissions unit reduces emissions below the level that qualified the unit as a Clean Unit. However, if the Clean Unit reduces emissions below the level that qualified the unit as a Clean Unit, then the owner or operator may generate a credit for the difference between the level that qualified the unit as a Clean Unit and the emissions unit's new emissions limit if such reductions are surplus, quantifiable, and permanent. For purposes of generating offsets, the reductions must also be federally enforceable. For purposes of determining creditable net emissions increases and decreases, the reductions must also be enforceable as a practical matter. (11) Effect of redesignation on a Clean Unit designation. The Clean Unit designation of an emissions unit is not affected by redesignation of the attainment status of the area in which it is located. That is, if a Clean Unit is located in an attainment area and the area is redesignated to nonattainment, its Clean Unit designation is not affected. Similarly, redesignation from nonattainment to attainment does not affect the Clean Unit designation. However, if a Clean Unit's designation expires or is lost pursuant to paragraphs (x)(2)(iii) and (y)(2)(iii) of this section, it must re-qualify under the requirements that are currently applicable. (z) PCP exclusion procedural requirements. PCPs shall be provided according to the provisions in paragraphs (z)(1) through (6) of this section. (1) Before an owner or operator begins actual construction of a PCP, the owner or operator must either submit a notice to the Administrator if the project is listed in paragraphs (b)(32)(i) through (vi) of this section, or if the project is not listed in paragraphs (b)(32)(i) through (vi) of this section, then the owner or operator must submit a permit application and obtain approval to use the PCP exclusion from the Administrator consistent with the requirements in paragraph (z)(5) of this section. Regardless of whether the owner or operator submits a notice or a permit application, the project must meet the requirements in paragraph (z)(2) of this section, and the notice or permit application must contain the information required in paragraph (z)(3) of this section. (2) Any project that relies on the PCP exclusion must meet the requirements of paragraphs (z)(2)(i) and (ii) of this section. (i) Environmentally beneficial analysis. The environmental benefit from the emissions reductions of pollutants regulated under the Act must outweigh the environmental detriment of emissions increases in pollutants regulated under the Act. A statement that a technology from paragraphs (b)(32)(i) through (vi) of this section is being used shall be presumed to satisfy this requirement. (ii) Air quality analysis. The emissions increases from the project will not cause or contribute to a violation of any national ambient air quality standard or PSD increment, or adversely impact an air quality related value (such as visibility) that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public. (3) Content of notice or permit application. In the notice or permit application sent to the Administrator, the owner or operator must include, at a minimum, the information listed in paragraphs (z)(3)(i) through (v) of this section. (i) A description of the project. (ii) The potential emissions increases and decreases of any pollutant regulated under the Act and the projected emissions increases and decreases using the methodology in paragraph (a)(2)(iv) of this section, that will result from the project, and a copy of the environmentally beneficial analysis required by paragraph (z)(2)(i) of this section. (iii) A description of monitoring and recordkeeping, and all other methods, to be used on an ongoing basis to demonstrate that the project is environmentally beneficial. Methods should be sufficient to meet the requirements in part 70 and part 71 of this chapter. (iv) A certification that the project will be designed and operated in a manner that is consistent with proper industry and engineering practices, in a manner that is consistent with the environmentally beneficial analysis and air quality analysis required by paragraphs (z)(2)(i) and (ii) of this section, with information submitted in the notice or permit application, and in such a way as to minimize, within the physical configuration and operational standards usually associated with the emissions control device or strategy, emissions of collateral pollutants. (v) Demonstration that the PCP will not have an adverse air quality impact (e.g., modeling, screening level modeling results, or a statement that the collateral emissions increase is included within the parameters used in the most recent modeling exercise) as required by paragraph (z)(2)(ii) of this section. An air quality impact analysis is not required for any pollutant that will not experience a significant emissions increase as a result of the project. (4) Notice process for listed projects. For projects listed in paragraphs (b)(32)(i) through (vi) of this section, the owner or operator may begin actual construction of the project immediately after notice is sent to the Administrator (unless otherwise prohibited under requirements of the applicable State Implementation Plan). The owner or operator shall respond to any requests by the Administrator for additional information that the Administrator determines is necessary to evaluate the suitability of the project for the PCP exclusion. (5) Permit process for unlisted projects. Before an owner or operator may begin actual construction of a PCP project that is not listed in paragraphs (b)(32)(i) through (vi) of this section, the project must be approved by the Administrator and recorded in a State Implementation Plan-approved permit or title V permit using procedures that are consistent with §§51.160 and 51.161 of this chapter. This includes the requirement that the Administrator provide the public with notice of the proposed approval, with access to the environmentally beneficial analysis and the air quality analysis, and provide at least a 30-day period for the public and the Administrator to submit comments. The Administrator must address all material comments received by the end of the comment period before taking final action on the permit. (6) Operational requirements. Upon installation of the PCP, the owner or operator must comply with the requirements of paragraphs (z)(6)(i) through (iv) of this section. (i) General duty. The owner or operator must operate the PCP in a manner consistent with proper industry and engineering practices, in a manner that is consistent with the environmentally beneficial analysis and air quality analysis required by paragraphs (z)(2)(i) and (ii) of this section, with information submitted in the notice or permit application required by paragraph (z)(3) of this section, and in such a way as to minimize, within the physical configuration and operational standards usually associated with the emissions control device or strategy, emissions of collateral pollutants. (ii) Recordkeeping. The owner or operator must maintain copies on site of the environmentally beneficial analysis, the air quality impacts analysis, and monitoring and other emission records to prove that the PCP operated consistent with the general duty requirements in paragraph (z)(6)(i) of this section. (iii) Permit requirements. The owner or operator must comply with any provisions in the State Implementation Plan-approved permit or title V permit related to use and approval of the PCP exclusion. (iv) Generation of emission reduction credits. Emission reductions created by a PCP shall not be included in calculating a significant net emissions increase unless the emissions unit further reduces emissions after qualifying for the PCP exclusion (e.g., taking an operational restriction on the hours of operation). The owner or operator may generate a credit for the difference between the level of reduction which was used to qualify for the PCP exclusion and the new emissions limit if such reductions are surplus, quantifiable, and permanent. For purposes of generating offsets, the reductions must also be federally enforceable. For purposes of determining creditable net emissions increases and decreases, the reductions must also be enforceable as a practical matter. (aa) Actuals PALs. The provisions in paragraphs (aa)(1) through (15) of this section govern actuals PALs. (1) Applicability. (i) The Administrator may approve the use of an actuals PAL for any existing major stationary source if the PAL meets the requirements in paragraphs (aa)(1) through (15) of this section. The term “PAL” shall mean “actuals PAL” throughout paragraph (aa) of this section. (ii) Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements in paragraphs (aa)(1) through (15) of this section, and complies with the PAL permit: (a) Is not a major modification for the PAL pollutant; (b) Does not have to be approved through the PSD program; and (c) Is not subject to the provisions in paragraph (r)(4) of this section (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major NSR program). (iii) Except as provided under paragraph (aa)(1)(ii)(c) of this section, a major stationary source shall continue to comply with all applicable Federal or State requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL. (2) Definitions. For the purposes of this section, the definitions in paragraphs (aa)(2)(i) through (xi) of this section apply. When a term is not defined in these paragraphs, it shall have the meaning given in paragraph (b) of this section or in the Act. (i) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions (as defined in paragraph (b)(48) of this section) of all emissions units (as defined in paragraph (b)(7) of this section) at the source, that emit or have the potential to emit the PAL pollutant. (ii) Allowable emissions means “allowable emissions” as defined in paragraph (b)(16) of this section, except as this definition is modified according to paragraphs (aa)(2)(ii)(a) and (b) of this section. (a) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. (b) An emissions unit's potential to emit shall be determined using the definition in paragraph (b)(4) of this section, except that the words “or enforceable as a practical matter” should be added after “federally enforceable.” (iii) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in paragraph (b)(23) of this section or in the Act, whichever is lower. (iv) Major emissions unit means: (a) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or (b) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Act for nonattainment areas. For example, in accordance with the definition of major stationary source in section 182(c) of the Act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year. (v) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (aa)(1) through (15) of this section. (vi) PAL effective date generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. (vii) PAL effective period means the period beginning with the PAL effective date and ending 10 years later. (viii) PAL major modification means, notwithstanding paragraphs (b)(2) and (b)(3) of this section (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. (ix) PAL permit means the major NSR permit, the minor NSR permit, or the State operating permit under a program that is approved into the State Implementation Plan, or the title V permit issued by the Administrator that establishes a PAL for a major stationary source. (x) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. (xi) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in paragraph (b)(23) of this section or in the Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph (aa)(2)(iv) of this section. (3) Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Administrator for approval: (i) A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal or State applicable requirements, emission limitations, or work practices apply to each unit. (ii) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction. (iii) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (aa)(13)(i) of this section. (4) General requirements for establishing PALs. (i) The Administrator is allowed to establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (aa)(4)(i)(a) through (g) of this section are met. (a) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. (b) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (aa)(5) of this section. (c) The PAL permit shall contain all the requirements of paragraph (aa)(7) of this section. (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source. (e) Each PAL shall regulate emissions of only one pollutant. (f) Each PAL shall have a PAL effective period of 10 years. (g) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (aa)(12) through (14) of this section for each emissions unit under the PAL through the PAL effective period. (ii) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under §51.165(a)(3)(ii) of this chapter unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL. (5) Public participation requirements for PALs. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with §§51.160 and 51.161 of this chapter. This includes the requirement that the Administrator provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The Administrator must address all material comments before taking final action on the permit. (6) Setting the 10-year actuals PAL level. (i) Except as provided in paragraph (aa)(6)(ii) of this section, the plan shall provide that the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in paragraph (b)(48) of this section) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under paragraph (b)(23) of this section or under the Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The reviewing authority shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable Federal or State regulatory requirement(s) that the reviewing authority is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). (ii) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in paragraph (aa)(6)(i) of this section, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units. (7) Contents of the PAL permit. The PAL permit must contain, at a minimum, the information in paragraphs (aa)(7)(i) through (x) of this section. (i) The PAL pollutant and the applicable source-wide emission limitation in tons per year. (ii) The PAL permit effective date and the expiration date of the PAL (PAL effective period). (iii) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with paragraph (aa)(10) of this section before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by a reviewing authority. (iv) A requirement that emission calculations for compliance purposes must include emissions from startups, shutdowns, and malfunctions. (v) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of paragraph (aa)(9) of this section. (vi) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as required by paragraph (aa)(13)(i) of this section. (vii) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under paragraph (aa)(12) of this section. (viii) A requirement to retain the records required under paragraph (aa)(13) of this section on site. Such records may be retained in an electronic format. (ix) A requirement to submit the reports required under paragraph (aa)(14) of this section by the required deadlines. (x) Any other requirements that the Administrator deems necessary to implement and enforce the PAL. (8) PAL effective period and reopening of the PAL permit. The requirements in paragraphs (aa)(8)(i) and (ii) of this section apply to actuals PALs. (i) PAL effective period. The Administrator shall specify a PAL effective period of 10 years. (ii) Reopening of the PAL permit. (a) During the PAL effective period, the Administrator must reopen the PAL permit to: (1) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL; (2) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under §51.165(a)(3)(ii) of this chapter; and (3) Revise the PAL to reflect an increase in the PAL as provided under paragraph (aa)(11) of this section. (b) The Administrator shall have discretion to reopen the PAL permit for the following: (1) Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date; (2) Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the State may impose on the major stationary source under the State Implementation Plan; and (3) Reduce the PAL if the reviewing authority determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public. (c) Except for the permit reopening in paragraph (aa)(8)(ii)(a)(1) of this section for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of paragraph (aa)(5) of this section. (9) Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in paragraph (aa)(10) of this section shall expire at the end of the PAL effective period, and the requirements in paragraphs (aa)(9)(i) through (v) of this section shall apply. (i) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (aa)(9)(i)(a) and (b) of this section. (a) Within the time frame specified for PAL renewals in paragraph (aa)(10)(ii) of this section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Administrator) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (aa)(10)(v) of this section, such distribution shall be made as if the PAL had been adjusted. (b) The Administrator shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Administrator determines is appropriate. (ii) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Administrator may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limitation. (iii) Until the Administrator issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph (aa)(9)(i)(b) of this section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. (iv) Any physical change or change in the method of operation at the major stationary source will be subject to major NSR requirements if such change meets the definition of major modification in paragraph (b)(2) of this section. (v) The major stationary source owner or operator shall continue to comply with any State or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to paragraph (r)(4) of this section, but were eliminated by the PAL in accordance with the provisions in paragraph (aa)(1)(ii)(c) of this section. (10) Renewal of a PAL. (i) The Administrator shall follow the procedures specified in paragraph (aa)(5) of this section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Administrator. (ii) Application deadline. A major stationary source owner or operator shall submit a timely application to the Administrator to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. (iii) Application requirements. The application to renew a PAL permit shall contain the information required in paragraphs (aa)(10)(iii)(a) through (d) of this section. (a) The information required in paragraphs (aa)(3)(i) through (iii) of this section. (b) A proposed PAL level. (c) The sum of the potential to emit of all emissions units under the PAL (with supporting documentation). (d) Any other information the owner or operator wishes the Administrator to consider in determining the appropriate level for renewing the PAL. (iv) PAL adjustment. In determining whether and how to adjust the PAL, the Administrator shall consider the options outlined in paragraphs (aa)(10)(iv)(a) and (b) of this section. However, in no case may any such adjustment fail to comply with paragraph (aa)(10)(iv)(c) of this section. (a) If the emissions level calculated in accordance with paragraph (aa)(6) of this section is equal to or greater than 80 percent of the PAL level, the Administrator may renew the PAL at the same level without considering the factors set forth in paragraph (aa)(10)(iv)(b) of this section; or (b) The Administrator may set the PAL at a level that he or she determines to be more representative of the source's baseline actual emissions, or that he or she determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Administrator in his or her written rationale. (c) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b) of this section: (1) If the potential to emit of the major stationary source is less than the PAL, the Administrator shall adjust the PAL to a level no greater than the potential to emit of the source; and (2) The Administrator shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of paragraph (aa)(11) of this section (increasing a PAL). (v) If the compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Administrator has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. (11) Increasing a PAL during the PAL effective period. (i) The Administrator may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs (aa)(11)(i)(a) through (d) of this section. (a) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL. (b) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. (c) The owner or operator obtains a major NSR permit for all emissions unit(s) identified in paragraph (aa)(11)(i)(a) of this section, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL. (d) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. (ii) The Administrator shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph (aa)(11)(i)(b)), plus the sum of the baseline actual emissions of the small emissions units. (iii) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of paragraph (aa)(5) of this section. (12) Monitoring requirements for PALs. (i) General requirements. (a) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. (b) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in paragraphs (aa)(12)(ii)(a) through (d) of this section and must be approved by the Administrator. (c) Notwithstanding paragraph (aa)(12)(i)(b) of this section, you may also employ an alternative monitoring approach that meets paragraph (aa)(12)(i)(a) of this section if approved by the Administrator. (d) Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid. (ii) Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (aa)(12)(iii) through (ix) of this section: (a) Mass balance calculations for activities using coatings or solvents; (b) CEMS; (c) CPMS or PEMS; and (d) Emission factors. (iii) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: (a) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit; (b) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and (c) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Administrator determines there is site-specific data or a site-specific monitoring program to support another content within the range. (iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, appendix B; and (b) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating. (v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and (b) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Administrator, while the emissions unit is operating. (vi) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: (a) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development; (b) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and (c) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the Administrator determines that testing is not required. (vii) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. (viii) Notwithstanding the requirements in paragraphs (aa)(12)(iii) through (vii) of this section, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Administrator shall, at the time of permit issuance: (a) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or (b) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. (ix) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Administrator. Such testing must occur at least once every 5 years after issuance of the PAL. (13) Recordkeeping requirements. (i) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of paragraph (aa) of this section and of the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date of such record. (ii) The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus 5 years: (a) A copy of the PAL permit application and any applications for revisions to the PAL; and (b) Each annual certification of compliance pursuant to title V and the data relied on in certifying the compliance. (14) Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Administrator in accordance with the applicable title V operating permit program. The reports shall meet the requirements in paragraphs (aa)(14)(i) through (iii) of this section. (i) Semi-annual report. The semi-annual report shall be submitted to the Administrator within 30 days of the end of each reporting period. This report shall contain the information required in paragraphs (aa)(14)(i)(a) through (g) of this section. (a) The identification of owner and operator and the permit number. (b) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (aa)(13)(i) of this section. (c) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions. (d) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period. (e) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. (f) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by (aa)(12)(vii). (g) A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report. (ii) Deviation report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to §70.6(a)(3)(iii)(B) of this chapter shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing §70.6(a)(3)(iii)(B) of this chapter. The reports shall contain the following information: (a) The identification of owner and operator and the permit number; (b) The PAL requirement that experienced the deviation or that was exceeded; (c) Emissions resulting from the deviation or the exceedance; and (d) A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report. (iii) Re-validation results. The owner or operator shall submit to the Administrator the results of any re-validation test or method within 3 months after completion of such test or method. (15) Transition requirements. (i) The Administrator may not issue a PAL that does not comply with the requirements in paragraphs (aa)(1) through (15) of this section after March 3, 2003. (ii) The Administrator may supersede any PAL that was established prior to March 3, 2003 with a PAL that complies with the requirements of paragraphs (aa)(1) through (15) of this section. (bb) If any provision of this section, or the application of such provision to any person or circumstance, is held invalid, the remainder of this section, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (cc) Without regard to other considerations, routine maintenance, repair and replacement includes, but is not limited to, the replacement of any component of a process unit with an identical or functionally equivalent component(s), and maintenance and repair activities that are part of the replacement activity, provided that all of the requirements in paragraphs (cc)(1) through (3) of this section are met. (1) Capital cost threshold for equipment replacement. (i) For an electric utility steam generating unit, as defined in §52.21(b)(31), the fixed capital cost of the replacement component(s) plus the cost of any associated maintenance and repair activities that are part of the replacement shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced. For a process unit that is not an electric utility steam generating unit the fixed capital cost of the replacement component(s) plus the cost of any associated maintenance and repair activities that are part of the replacement shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced. (ii) In determining the replacement value of the process unit; and, except as otherwise allowed under paragraph (cc)(1)(iii) of this section, the owner or operator shall determine the replacement value of the process unit on an estimate of the fixed capital cost of constructing a new process unit, or on the current appraised value of the process unit. (iii) As an alternative to paragraph (cc)(1)(ii) of this section for determining the replacement value of a process unit, an owner or operator may choose to use insurance value (where the insurance value covers only complete replacement), investment value adjusted for inflation, or another accounting procedure if such procedure is based on Generally Accepted Accounting Principles, provided that the owner or operator sends a notice to the reviewing authority. The first time that an owner or operator submits such a notice for a particular process unit, the notice may be submitted at any time, but any subsequent notice for that process unit may be submitted only at the beginning of the process unit's fiscal year. Unless the owner or operator submits a notice to the reviewing authority, then paragraph (cc)(1)(ii) of this section will be used to establish the replacement value of the process unit. Once the owner or operator submits a notice to use an alternative accounting procedure, the owner or operator must continue to use that procedure for the entire fiscal year for that process unit. In subsequent fiscal years, the owner or operator must continue to use this selected procedure unless and until the owner or operator sends another notice to the reviewing authority selecting another procedure consistent with this paragraph or paragraph (cc)(1)(ii) of this section at the beginning of such fiscal year. (2) Basic design parameters. The replacement does not change the basic design parameter(s) of the process unit to which the activity pertains. (i) Except as provided in paragraph (cc)(2)(iii) of this section, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on British Thermal Units content shall be used for determining the basic design parameter(s) for a coal-fired electric utility steam generating unit. (ii) Except as provided in paragraph (cc)(2)(iii) of this section, the basic design parameter(s) for any process unit that is not at a steam electric generating facility are maximum rate of fuel or heat input, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or operator should consider the primary product or primary raw material when selecting a basic design parameter. (iii) If the owner or operator believes the basic design parameter(s) in paragraphs (cc)(2)(i) and (ii) of this section is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the reviewing authority an alternative basic design parameter(s) for the source's process unit(s). If the reviewing authority approves of the use of an alternative basic design parameter(s), the reviewing authority shall issue a permit that is legally enforceable that records such basic design parameter(s) and requires the owner or operator to comply with such parameter(s). (iv) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter(s) specified in paragraphs (cc)(2)(i) and (ii) of this section. (v) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameter(s) using the maximum value achieved by the process unit in the five-year period immediately preceding the planned activity. (vi) Efficiency of a process unit is not a basic design parameter. (3) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable. Note to paragraph (cc): By a court order on December 24, 2003, this paragraph (cc) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay. [43 FR 26403, June 19, 1978] Editorial Note: For Federal Register citations affecting §52.21, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.23 Violation and enforcement. top Failure to comply with any provisions of this part, or with any approved regulatory provision of a State implementation plan, or with any permit condition or permit denial issued pursuant to approved or promulgated regulations for the review of new or modified stationary or indirect sources, or with any permit limitation or condition contained within an operating permit issued under an EPA-approved program that is incorporated into the State implementation plan, shall render the person or governmental entity so failing to comply in violation of a requirement of an applicable implementation plan and subject to enforcement action under section 113 of the Clean Air Act. With regard to compliance schedules, a person or Governmental entity will be considered to have failed to comply with the requirements of this part if it fails to timely submit any required compliance schedule, if the compliance schedule when submitted does not contain each of the elements it is required to contain, or if the person or Governmental entity fails to comply with such schedule. [39 FR 33512, Sept. 18, 1974, as amended at 54 FR 27285, June 28, 1989] § 52.24 Statutory restriction on new sources. top (a) Any area designated nonattainment pursuant to section 107(d) of the Act to which, immediately prior to the enactment of the Amendments to the Act of 1990 (November 15, 1990), a prohibition of construction or modification of major stationary sources was applied, shall retain that prohibition if such prohibition was applied by virtue of a finding of the Administrator that the State containing such an area: (1) Failed to submit an implementation plan meeting the requirements of an approvable new source review permitting program; or (2) Failed to submit an implementation plan that provided for timely attainment of the national ambient air quality standard for sulfur dioxide by December 31, 1982. This prohibition shall apply until the Administrator approves a plan for such area as meeting the applicable requirements of part D of title I of the Act as amended (NSR permitting requirements) or subpart 5 of part D of title I of the Act as amended (relating to attainment of the national ambient air quality standards for sulfur dioxide), as applicable. (b) Permits to construct and operate as required by permit programs under section 172(c)(5) of the Act may not be issued for new or modified major stationary sources proposing to locate in nonattainment areas or areas in a transport region where the Administrator has determined that the applicable implementation plan is not being adequately implemented for the nonattainment area or transport region in which the proposed source is to be constructed or modified in accordance with the requirements of part D of title I of the Act. (c) Whenever, on the basis of any information, the Administrator finds that a State is not in compliance with any requirement or prohibition of the Act relating to the construction of new sources or the modification of existing sources, the Administrator may issue an order under section 113(a)(5) of the Act prohibiting the construction or modification of any major stationary source in any area to which such requirement applies. (d) The restrictions in paragraphs (a) and (b) of this section apply only to major stationary sources of emissions that cause or contribute to concentrations of the pollutant (or precursors, as applicable) for which the transport region or nonattainment area was designated such, and for which the applicable implementation plan is not being carried out in accordance with, or does not meet, the requirements of part D of title I of the Act. (e) For any transport region or any area designated as nonattainment for any national ambient air quality standard, the restrictions in paragraphs (a) and (b) of this section shall apply to any major stationary source or major modification that would be major for the pollutant (or precursors, where applicable) for which the area is designated nonattainment or a transport region, if the stationary source or major modification would be constructed anywhere in the designated nonattainment area or transport region. (f) The provisions in §51.165 of this chapter shall apply in interpreting the terms under this section. (g) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then: (1) If the construction moratorium imposed pursuant to this section is still in effect for the nonattainment area or transport region in which the source or modification is located, then the permit may not be so revised; or (2) If the construction moratorium is no longer in effect in that area, then the requirements of §51.165 of this chapter shall apply to the source or modification as though construction had not yet commenced on the source or modification. (h) This section does not apply to major stationary sources or major modifications locating in a clearly defined part of a nonattainment area or transport region (such as a political subdivision of a State), where EPA finds that a plan which meets the requirements of part D of title I of the Act is in effect and is being implemented in that part. (i)–(j) [Reserved] (k) For an area designated as nonattainment after July 1, 1979, the Emission Offset Interpretative Ruling, 40 CFR part 51, appendix S shall govern permits to construct and operate applied for during the period between the date of designation as nonattainment and the date the NSR permit program meeting the requirements of part D is approved. The Emission Offset Interpretative Ruling, 40 CFR part 51, appendix S, shall also govern permits to construct and operate applied for in any area designated under section 107(d) of the CAA as attainment or unclassifiable for ozone that is located in an ozone transport region prior to the date the NSR permitting program meeting the requirements of part D is approved. [70 FR 71704, Nov. 29, 2005] Editorial Note: For Federal Register citations affecting §52.24, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.26 Visibility monitoring strategy. top (a) Plan Disapprovals. The provisions of this section are applicable to any State implementation plan which has been disapproved with respect to visibility monitoring. Specific disapprovals are listed where applicable in Subparts B through DD of this part. The provisions of this section have been incorporated by reference into the applicable implementation plan for various States, as provided in Subparts B through DDD of this part. (b) Definitions. For the purposes of this section: (1) Visibility protection area means any area listed in 40 CFR 81.401–81.436 (1984). (2) All other terms shall have the meaning ascribed to them in the Clean Air Act, or in the protection of visibility program (40 CFR 51.301), all as in effect on July 12, 1985. (c) Monitoring Requirements. (1) The Administrator, in cooperation with the appropriate Federal land manager, shall monitor visibility within each visibility protection area in any State whose State implementation plan is subject to a disapproval for failure to satisfy 40 CFR 51.305 (1984). (2) The Administrator, in monitoring visibility within each such area, shall determine both background visibility conditions and reasonably attributable visibility impairment caused by a source or small group of sources for that area. The extent and the form of monitoring shall be sufficient for use in determining the potential effects of a new stationary source on visibility in the area, the stationary source or sources that are causing any visibility impairment, and progress toward remedying that impairment. (3) The Administrator shall use the following as appropriate to monitor visibility within each such area: (i) photographic cameras, (ii) fine particulate matter samplers, (iii) teleradiometers, (iv) nephelometers, (v) human observation, or (vi) other appropriate technology. (4) The Administrator, in cooperation with the Federal land managers, shall prepare monitoring plans that describe, to the maximum extent practicable, the methods and instruments of data collection, the monitoring locations and frequencies, the implementation schedule, the quality assurance procedures, and the methods of data reporting that the Administrator will use for each area. The Administrator shall make these plans available to the public. (5) The Administrator shall establish a central repository of monitoring data that includes any data on background visibility conditions and reasonably attributable impairment that the Administrator collects under this section and that the Federal land manager may collect or may have collected independently. These data shall be available to any person, subject to reasonable charges for copying. (d) Monitoring Plan Revision. (1) The Administrator shall review the monitoring plan annually for each visibility protection area, revise it as necessary, and include an assessment of changes to visibility conditions since the last review. The Administrator shall make all plan revisions available to the public. (2) Any person may make a request to the Administrator, at any time, for a revision to a monitoring plan. The Administrator shall respond to any such request within one year. (e) Delegation. The Administrator may delegate, with respect to a particular visibility protection area, any of his functions under this section to any State or local air pollution control agency of any State whose boundaries encompass that area or to any Federal land manager with jurisdiction over the area. [50 FR 28550, July 12, 1985] § 52.27 Protection of visibility from sources in attainment areas. top (a) Plan disapproval. The provisions of this section are applicable to any State implementation plan which has been disapproved with respect to protection of visibility, in mandatory Class I Federal areas, from sources emitting pollutants in any portion of any State where the existing air quality is better than the national ambient air quality standards for such pollutants, and where a State PSD program has been approved as part of the applicable SIP pursuant to 40 CFR 51.24. Specific disapprovals are listed where applicable in Subparts B through DDD of this part. The provisions of this section have been incorporated by reference into the applicable implementation plans for various States, as provided in Subparts B through DDD of this part. (b) Definitions. For purposes of this section, all terms shall have the meaning ascribed to them in the Clean Air Act, in the prevention of significant deterioration (PSD) program approved as part of the applicable SIP pursuant to 40 CFR 51.24 for the State, or in the protection of visibility program (40 CFR 51.301), all as in effect on July 12, 1985. (c) Federal visibility analysis. Any person shall have the right, in connection with any application for a permit to construct a major stationary source or major modification, to request that the administrator take responsibility from the State for conducting the required review of a proposed source's impact on visibility in any Federal Class I area. If requested, the Administrator shall take such responsibility and conduct such review pursuant to paragraphs (e), (f) and (g) of this section in any case where the State fails to provide all of the procedural steps listed in paragraph (d) of this section. A request pursuant to this paragraph must be made within 60 days of the notice soliciting public comment on a permit, unless such notice is not properly given. The Administrator will not entertain requests challenging the substance of any State action concerning visibility where the State has provided all of the procedural steps listed in paragraph (d) of this section. (d) Procedural steps in visibility review. (1) The reviewing authority must provide written notification to all affected Federal land managers of any permit application for any proposed new major stationary source or major modification that may affect visibility in any Federal Class I area. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include the proposed source's anticipated impacts on visibility in any Federal Class I area as provided by the applicant. Notification must also be given to all affected Federal land managers within 30 days of receipt of any advance notification of any such permit application. (2) The reviewing authority must consider any analysis performed by the Federal land managers, provided within 30 days of the notification required by paragraph (d)(1) of this section, that shows that such proposed new major stationary source or major modification may have: (i) An adverse impact on visibility in any Federal Class I area, or (ii) An adverse impact on visibility in an integral vista codified in part 81 of this title. (3) Where the reviewing authority finds that such an analysis does not demonstrate that the effect in paragraphs (d)(2) (i) or (ii) of this section will occur, either an explanation of its decision or notification as to where the explanation can be obtained must be included in the notice of public hearing. (4) Where the reviewing authority finds that such an analysis does demonstrate that the effect in paragraph (d)(2)(i) of this section will occur, the permit shall not be issued. (5) Where the reviewing authority finds that such an analysis does demonstrate that the effect in paragraph (d)(2)(ii) of this section will occur, the reviewing authority may issue a permit if the emissions from the source or modification will be consistent with reasonable progress toward the national goal. In making this decision, the reviewing authority may take into account the costs of compliance, the time necessary for compliance, the energy and nonair quality environmental impacts of compliance, and the useful life of the source. (e) Federal land manager notification. The Administrator shall provide all of the procedural steps listed in paragraph (d) of this section in conducting reviews pursuant to this section. (f) Monitoring. The Administrator may require monitoring of visibility in any Federal Class I area near the proposed new stationary source or major modification for such purposes and by such means as the Administrator deems necessary and appropriate. (g) Public participation. The Administrator shall follow the applicable procedures at 40 CFR part 124 in conducting reviews under this section. The Administrator shall follow the procedures at 40 CFR 52.21(q) as in effect on August 7, 1980, to the extent that the procedures of 40 CFR part 124 do not apply. (h) Federal permit. In any case where the Administrator has made a finding that a State consistently fails or is unable to provide the procedural steps listed in paragraph (d) of this section, the Administrator shall require all prospective permit applicants in such State to apply directly to the Administrator, and the Administrator shall conduct a visibility review pursuant to this section for all permit applications. [50 FR 28551, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987] § 52.28 Protection of visibility from sources in nonattainment areas. top (a) Plan disapproval. The provisions of this section are applicable to any State implementation plan which has been disapproved with respect to protection of visibility, in mandatory Class I Federal areas where visibility is considered an important value, from sources emitting pollutants in any portion of any State where the existing air quality is not in compliance with the national ambient air quality standards for such pollutants. Specific disapprovals are listed where applicable in Subparts B through DDD of this part. The provisions of this section have been incorporated into the applicable implementation plans for various States, as provided in Subparts B through DDD of this part. (b) Definitions. For the purposes of this section: (1) Visibility protection area means any area listed in 40 CFR 81.401–81.436 (1984). (2) All other terms shall have the meaning ascribed to them in the protection of visibility program (40 CFR 51.301) or the prevention of significant deterioration (PSD) program either approved as part of the applicable SIP pursuant to 40 CFR 51.24 or in effect for the applicable SIP pursuant to 40 CFR 52.21, all as in effect on July 12, 1985. (c) Review of major stationary sources and major modifications—source applicability and exemptions. (1) No stationary source or modification to which the requirements of this section apply shall begin actual construction without a permit which states that the stationary source or modification would meet those requirements. The Administrator has sole authority to issue any such permit unless the authority has been delegated pursuant to paragraph (i) of this section. (2) The requirements of this section shall apply to construction of any new major stationary source or major modification that would both be constructed in an area classified as nonattainment under section 107(d)(1)(A), (B) or (C) of the Clean Air Act and potentially have an impact on visibility in any visibility proctection area. (3) The requirements of this section shall apply to any such major stationary source and any such major modification with respect to each pollutant subject to regulation under the Clean Air Act that it would emit, except as this section otherwise provides. (4) The requirements of this section shall not apply to a particular major stationary source or major modification, if: (i) The source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution, and the governor of the State in which the source or modification would be located requests that it be exempt from those requirements; or (ii) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories: (A) Coal cleaning plants (with thermal dryers); (B) Kraft pulp mills; (C) Portland cement plants; (D) Primary zinc smelters; (E) Iron and steel mills; (F) Primary aluminum ore reduction plants; (G) Primary copper smelters; (H) Municipal incinerators capable of charging more than 250 tons of refuse per day; (I) Hydrofluoric, sulfuric, or nitric acid plants; (J) Petroleum refineries; (K) Lime plants; (L) Phosphate rock processing plants; (M) Coke oven batteries; (N) Sulfur recovery plants; (O) Carbon black plants (furnace process); (P) Primary lead smelters; (Q) Fuel conversion plants; (R) Sintering plants; (S) Secondary metal production plants; (T) Chemical process plants; (U) Fossil-fuel boiler (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (V) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (W) Taconite ore processing plants; (X) Glass fiber processing plants; (Y) Charcoal production plants; (Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; (AA) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act; or (iii) The source is a portable stationary source which has previously received a permit under this section, and (A) The owner or operator proposes to relocate the source and emissions of the source at the new location would be temporary; and (B) The emissions from the source would not exceed its allowable emissions; and (C) The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and (D) Reasonable notice is given to the Administrator, prior to the relocation, identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Administrator not less than 10 days in advance of the proposed relocation, unless a different time duration is previously approved by the Administrator. (5) The requirements of this section shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as attainment under section 107 of the Clean Air Act. (6) The requirements of this section shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification: (i) Would impact no Class I area and no area where an applicable increment is known to be violated, and (ii) Would be temporary. (d) Visibility Impact Analyses. The owner or operator of a source shall provide an analysis of the impairment to visibility that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification. (e) Federal land manager notification. (1) The Federal land manager and the Federal official charged with direct responsibility for management of Federal Class I areas have an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the Administrator, whether a proposed source or modification will have an adverse impact on such values. (2) The Administrator shall provide written notification to all affected Federal land managers of any permit application for any proposed new major stationary source or major modification that may affect visibility in any visibility protection area.The Administrator shall also provide for such notification to the Federal official charged with direct responsibility for management of any lands within any such area. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis of the proposed source's anticipated impacts on visibility in any visibility protection area. The Administrator shall also notify all affected FLM's within 30 days of receipt of any advance notification of any such permit application. (3) The Administrator shall consider any analysis performed by the Federal land manager, provided within 30 days of the notification required by paragraph (e)(2) of this section, that such proposed new major stationary source or major modification may have an adverse impact on visibility in any visibility protection area. Where the Administrator finds that such an analysis does not demonstrate to the satisfaction of the Administrator that an adverse impact on visibility will result in the visibility protection area, the Administrator must, in the notice of public hearing, either explain his decision or give notice as to where the explanation can be obtained. (f) Public participation. The Administrator shall follow the applicable procedures of 40 CFR part 124 in processing applications under this section. The Administrator shall follow the procedures at 40 CFR 52.21(q) as in effect on August 7, 1980, to the extent that the procedures of 40 CFR part 124 do not apply. (g) National visibility goal. The Administrator shall only issue permits to those sources whose emissions will be consistent with making reasonable progress toward the national goal of preventing any future, and remedying any existing, impairment of visibility in visibility protection areas which impairment results from man-made air pollution. In making the decision to issue a permit, the Administrator may take into account the costs of compliance, the time necessary for compliance, the energy and nonair quality environmental impacts of compliance, and the useful life of the source. (h) Monitoring. The Administrator may require monitoring of visibility in any visibility protection area near the proposed new stationary source or major modification for such purposes and by such means as the Administrator deems necessary and appropriate. (i) Delegation of authority. (1) The Administrator shall have the authority to delegate the responsibility for conducting source review pursuant to this section to any agency in accordance with paragraphs (i)(2) and (3) of this section. (2) Where the Administrator delegates the responsibility for conducting source review under this section to any agency other than a Regional Office of the Environmental Protection Agency, the following provisions shall apply: (i) Where the delegate agency is not an air pollution control agency it shall consult with the appropriate State and local air pollution control agency prior to making any determination under this section. Similarly, where the delegate agency does not have continuing responsibility for managing land use, it shall consult with the appropriate State and local agency primarily responsible for managing land use prior to making any determination under this section. (ii) The delegate agency shall submit a copy of any public comment notice required under paragraph (f) of this section to the Administrator through the appropriate Regional Office. (3) The Administrator's authority for reviewing a source or modification located on an Indian Reservation shall not be redelegated other than to a Regional Office of the Environmental Protection Agency, except where the State has assumed jurisdiction over such land under other laws. Where the State has assumed such jurisdiction, the Administrator may delegate his authority to the States in accordance with paragraph (i)(2) of this section. [50 FR 28551, July 12, 1985] § 52.29 Visibility long-term strategies. top (a) Plan disapprovals. The provisions of this section are applicable to any State implementation plan which has been disapproved for not meeting the requirements of 40 CFR 51.306 regarding the development, periodic review, and revision of visibility long-term strategies. Specific disapprovals are listed where applicable in Subparts B through DDD of this part. The provisions of this section have been incorporated into the applicable implementation plan for various States, as provided in Subparts B through DDD of this part. (b) Definitions. For the purposes of this section, all terms shall have the meaning as ascribed to them in the Clean Air Act, or in the protection of visibility program (40 CFR 51.301). (c) Long-term strategy. (1) A long-term strategy is a 10- to 15-year plan for making reasonable progress toward the national goal specified in §51.300(a). This strategy will cover any existing impairment certified by the Federal land manager and any integral vista which has been identified according to §51.304. (2) The Administrator shall review, and revise if appropriate, the long-term strategies developed for each visibility protection area. The review and revisions will be completed no less frequently than every 3 years from November 24, 1987. (3) During the long-term strategy review process, the Administrator shall consult with the Federal land managers responsible for the appropriate mandatory Class I Federal areas, and will coordinate long-term strategy development for an area with existing plans and goals, including those provided by the Federal land managers. (4) The Administrator shall prepare a report on any progress made toward the national visibility goal since the last long-term strategy revisions. A report will be made available to the public not less frequently than 3 years from November 24, 1987. This report must include an assessment of: (i) The progress achieved in remedying existing impairment of visibility in any mandatory Class I Federal area; (ii) The ability of the long-term strategy to prevent future impairment of visibility in any mandatory Class I Federal area; (iii) Any change in visibility since the last such report, or in the case of the first report, since plan approval; (iv) Additional measures, including the need for SIP revisions, that may be necessary to assure reasonable progress toward the national visibility goal; (v) The progress achieved in implementing best available retrofit technology (BART) and meeting other schedules set forth in the long-term strategy; (vi) The impact of any exemption granted under §51.303; (vii) The need for BART to remedy existing visibility impairment of any integral vista identified pursuant to §51.304. (d) Delegation of authority. The Administrator may delegate with respect to a particular visibility protection area any of his functions under this section, except the making of regulations, to any State or local air pollution control agency of any State whose boundaries encompass that area. [52 FR 45137, Nov. 24, 1987] § 52.30 Criteria for limiting application of sanctions under section 110(m) of the Clean Air Act on a statewide basis. top (a) Definitions. For the purpose of this section: (1) The term “political subdivision” refers to the representative body that is responsible for adopting and/or implementing air pollution controls for one, or any combination of one or more of the following: city, town, borough, county, parish, district, or any other geographical subdivision created by, or pursuant to, Federal or State law. This will include any agency designated under section 174, 42 U.S.C. 7504, by the State to carry out the air planning responsibilities under part D. (2) The term “required activity” means the submission of a plan or plan item, or the implementation of a plan or plan item. (3) The term “deficiency” means the failure to perform a required activity as defined in paragraph (a)(2) of this section. (4) For purposes of §52.30, the terms “plan” or “plan item” mean an implementation plan or portion of an implementation plan or action needed to prepare such plan required by the Clean Air Act, as amended in 1990, or in response to a SIP call issued pursuant to section 110(k)(5) of the Act. (b) Sanctions. During the 24 months after a finding, determination, or disapproval under section 179(a) of the Clean Air Act is made, EPA will not impose sanctions under section 110(m) of the Act on a statewide basis if the Administrator finds that one or more political subdivisions of the State are principally responsible for the deficiency on which the finding, disapproval, or determination as provided under section 179(a)(1) through (4) is based. (c) Criteria. For the purposes of this provision, EPA will consider a political subdivision to be principally responsible for the deficiency on which a section 179(a) finding is based, if all five of the following criteria are met. (1) The State has provided adequate legal authority to a political subdivision to perform the required activity. (2) The required activity is one which has traditionally been performed by the local political subdivision, or the responsibility for performing the required activity has been delegated to the political subdivision. (3) The State has provided adequate funding or authority to obtain funding (when funding is necessary to carry out the required activity) to the political subdivision to perform the required activity. (4) The political subdivision has agreed to perform (and has not revoked that agreement), or is required by State law to accept responsibility for performing, the required activity. (5) The political subdivision has failed to perform the required activity. (d) Imposition of sanctions. (1) If all of the criteria in paragraph (c) of this section have been met through the action or inaction of one political subdivision, EPA will not impose sanctions on a statewide basis. (2) If not all of the criteria in paragraph (c) of this section have been met through the action or inaction of one political subdivision, EPA will determine the area for which it is reasonable and appropriate to apply sanctions. [59 FR 1484, Jan. 11, 1994] § 52.31 Selection of sequence of mandatory sanctions for findings made pursuant to section 179 of the Clean Air Act. top (a) Purpose. The purpose of this section is to implement 42 U.S.C. 7509(a) of the Act, with respect to the sequence in which sanctions will automatically apply under 42 U.S.C. 7509(b), following a finding made by the Administrator pursuant to 42 U.S.C. 7509(a). (b) Definitions. All terms used in this section, but not specifically defined herein, shall have the meaning given them in §52.01. (1) 1990 Amendments means the 1990 Amendments to the Clean Air Act (Pub. L. No. 101–549, 104 Stat. 2399). (2) Act means Clean Air Act, as amended in 1990 (42 U.S.C. 7401 et seq. (1991)). (3) Affected area means the geographic area subject to or covered by the Act requirement that is the subject of the finding and either, for purposes of the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section, is or is within an area designated nonattainment under 42 U.S.C. 7407(d) or, for purposes of the offset sanction under paragraph (e)(1) of this section, is or is within an area otherwise subject to the emission offset requirements of 42 U.S.C. 7503. (4) Criteria pollutant means a pollutant for which the Administrator has promulgated a national ambient air quality standard pursuant to 42 U.S.C. 7409 (i.e., ozone, lead, sulfur dioxide, particulate matter, carbon monoxide, nitrogen dioxide). (5) Findings or Finding refer(s) to one or more of the findings, disapprovals, and determinations described in subsection 52.31 (c). (6) NAAQS means national ambient air quality standard the Administrator has promulgated pursuant to 42 U.S.C. 7409. (7) Ozone precursors mean nitrogen oxides (NOX) and volatile organic compounds (VOC). (8) Part D means part D of title I of the Act. (9) Part D SIP or SIP revision or plan means a State implementation plan or plan revision that States are required to submit or revise pursuant to part D. (10) Precursor means pollutant which is transformed in the atmosphere (later in time and space from point of emission) to form (or contribute to the formation of) a criteria pollutant. (c) Applicability. This section shall apply to any State in which an affected area is located and for which the Administrator has made one of the following findings, with respect to any part D SIP or SIP revision required under the Act: (1) A finding that a State has failed, for an area designated nonattainment under 42 U.S.C. 7407(d), to submit a plan, or to submit one or more of the elements (as determined by the Administrator) required by the provisions of the Act applicable to such an area, or has failed to make a submission for such an area that satisfies the minimum criteria established in relation to any such element under 42 U.S.C. 7410(k); (2) A disapproval of a submission under 42 U.S.C. 7410(k), for an area designated nonattainment under 42 U.S.C. 7407(d), based on the submission's failure to meet one or more of the elements required by the provisions of the Act applicable to such an area; (3)(i) A determination that a State has failed to make any submission required under the Act, other than one described under paragraph (c)(1) or (c)(2) of this section, including an adequate maintenance plan, or has failed to make any submission, required under the Act, other than one described under paragraph (c)(1) or (c)(2) of this section, that satisfies the minimum criteria established in relation to such submission under 42 U.S.C. 7410(k)(1)(A); or (ii) A disapproval in whole or in part of a submission described under paragraph (c)(3)(i) of this section; or (4) A finding that any requirement of an approved plan (or approved part of a plan) is not being implemented. (d) Sanction application sequencing. (1) To implement 42 U.S.C. 7509(a), the offset sanction under paragraph (e)(1) of this section shall apply in an affected area 18 months from the date when the Administrator makes a finding under paragraph (c) of this section unless the Administrator affirmatively determines that the deficiency forming the basis of the finding has been corrected. To further implement 42 U.S.C. 7509(a), the highway sanction under paragraph (e)(2) of this section shall apply in an affected area 6 months from the date the offset sanction under paragraph (e)(1) of this section applies, unless the Administrator affirmatively determines that the deficiency forming the basis of the finding has been corrected. For the findings under paragraphs (c)(2), (c)(3)(ii), and (c)(4) of this section, the date of the finding shall be the effective date as defined in the final action triggering the sanctions clock. (2)(i) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following the findings under paragraphs (c)(2) and (c)(3)(ii) of this section, if the State has submitted a revised plan to correct the deficiency prompting the finding and the Administrator, prior to 18 months from the finding, has proposed to fully or conditionally approve the revised plan and has issued an interim final determination that the revised plan corrects the deficiency prompting the finding, application of the offset sanction under paragraph (e)(1) of this section shall be deferred unless and until the Administrator proposes to or takes final action to disapprove the plan in whole or in part. If the Administrator issues such a proposed or final disapproval of the plan, the offset sanction under paragraph (e)(1) of this section shall apply in the affected area on the later of the date the Administrator issues such a proposed or final disapproval, or 18 months following the finding that started the sanctions clock. The highway sanction under paragraph (e)(2) of this section shall apply in the affected area 6 months after the date the offset sanction under paragraph (e)(1) of this section applies, unless the Administrator determines that the deficiency forming the basis of the finding has been corrected. (ii) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following the findings under paragraphs (c)(2) and (c)(3)(ii) of this section, if the State has submitted a revised plan to correct the deficiency prompting the finding and after 18 but before 24 months from the finding the Administrator has proposed to fully or conditionally approve the revised plan and has issued an interim final determination that the revised plan corrects the deficiency prompting the finding, application of the offset sanction under paragraph (e)(1) of this section shall be stayed and application of the highway sanction under paragraph (e)(2) of this section shall be deferred unless and until the Administrator proposes to or takes final action to disapprove the plan in whole or in part. If the Administrator issues such a proposed or final disapproval of the plan, the offset sanction under paragraph (e)(1) of this section shall reapply in the affected area on the date the Administrator issues such a proposed or final disapproval. The highway sanction under paragraph (e)(2) of this section shall apply in the affected area on the later of 6 months from the date the offset sanction under paragraph (e)(1) of this section first applied in the affected area, unless the Administrator determines that the deficiency forming the basis of the finding has been corrected, or immediately if the proposed or final disapproval occurs more than 6 months after initial application of the offset sanction under paragraph (e)(1) of this section. (iii) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following the findings under paragraphs (c)(2) and (c)(3)(ii) of this section, if the State has submitted a revised plan to correct the deficiency prompting the finding and more than 24 months after the finding the Administrator has proposed to fully or conditionally approve the revised plan and has issued an interim final determination that the revised plan corrects the deficiency prompting the finding, application of the offset sanction under paragraph (e)(1) of this section and application of the highway sanction under paragraph (e)(2) of this section shall be stayed unless and until the Administrator proposes to or takes final action to disapprove the plan in whole or in part. If the Administrator issues such a proposed or final disapproval, the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section shall reapply in the affected area on the date the Administrator issues such proposed or final disapproval. (3)(i) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following the findings under paragraphs (c)(2) and (c)(3)(ii) of this section, if the State has submitted a revised plan to correct the deficiency prompting the finding and the Administrator, prior to 18 months from the finding, has conditionally-approved the revised plan and has issued an interim final determination that the revised plan corrects the deficiency prompting the finding, application of the offset sanction under paragraph (e)(1) of this section shall be deferred unless and until the conditional approval converts to a disapproval or the Administrator proposes to or takes final action to disapprove in whole or in part the revised SIP the State submits to fulfill the commitment in the conditionally-approved plan. If the conditional approval so becomes a disapproval or the Administrator issues such a proposed or final disapproval, the offset sanction under paragraph (e)(1) of this section shall apply in the affected area on the later of the date the approval becomes a disapproval or the Administrator issues such a proposed or final disapproval, whichever is applicable, or 18 months following the finding that started the sanctions clock. The highway sanction under paragraph (e)(2) of this section shall apply in the affected area 6 months after the date the offset sanction under paragraph (e)(1) of this section applies, unless the Administrator determines that the deficiency forming the basis of the finding has been corrected. (ii) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following the findings under paragraphs (c)(2) and (c)(3)(ii) of this section, if the State has submitted a revised plan to correct the deficiency prompting the finding and after 18 but before 24 months from the finding the Administrator has conditionally approved the revised plan and has issued an interim final determination that the revised plan corrects the deficiency prompting the finding, application of the offset sanction under paragraph (e)(1) of this section shall be stayed and application of the highway sanction under paragraph (e)(2) of this section shall be deferred unless and until the conditional approval converts to a disapproval or the Administrator proposes to or takes final action to disapprove in whole or in part the revised SIP the State submits to fulfill the commitment in the conditionally-approved plan. If the conditional approval so becomes a disapproval or the Administrator issues such a proposed or final disapproval, the offset sanction under paragraph (e)(1) of this section shall reapply in the affected area on the date the approval becomes a disapproval or the Administrator issues such a proposed or final disapproval, whichever is applicable. The highway sanction under paragraph (e)(2) of this section shall apply in the affected area on the later of 6 months from the date the offset sanction under paragraph (e)(1) of this section first applied in the affected area, unless the Administrator determines that the deficiency forming the basis of the finding has been corrected, or immediately if the conditional approval becomes a disapproval or the Administrator issues such a proposed or final disapproval, whichever is applicable, more than 6 months after initial application of the offset sanction under paragraph (e)(1) of this section. (iii) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following the findings under paragraphs (c)(2) and (c)(3)(ii) of this section, if the State has submitted a revised plan to correct the deficiency prompting the finding and after 24 months from the finding the Administrator has conditionally approved the revised plan and has issued an interim final determination that the revised plan corrects the deficiency prompting the finding, application of the offset sanction under paragraph (e)(1) of this section and application of the highway sanction under paragraph (e)(2) of this section shall be stayed unless and until the conditional approval converts to a disapproval or the Administrator proposes to or takes final action to disapprove in whole or in part the revised SIP the State submits to fulfill its commitment in the conditionally-approved plan. If the conditional approval so becomes a disapproval or the Administrator issues such a proposed or final disapproval, the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section shall reapply in the affected area on the date the conditional approval becomes a disapproval or the Administrator issues such a proposed or final disapproval, whichever is applicable. (4)(i) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) of this section, if the Administrator, prior to 18 months from the finding, has proposed to find that the State is implementing the approved plan and has issued an interim final determination that the deficiency prompting the finding has been corrected, application of the offset sanction under paragraph (e)(1) of this section shall be deferred unless and until the Administrator preliminarily or finally determines, through a proposed or final finding, that the State is not implementing the approved plan and that, therefore, the State has not corrected the deficiency. If the Administrator so preliminarily or finally determines that the State has not corrected the deficiency, the offset sanction under paragraph (e)(1) of this section shall apply in the affected area on the later of the date the Administrator proposes to take action or takes final action to find that the finding of nonimplementation has not been corrected, or 18 months following the finding that started the sanctions clock. The highway sanction under paragraph (e)(2) of this section shall apply in the affected area 6 months after the date the offset sanction under paragraph (e)(1) of this section first applies, unless the Administrator preliminarily or finally determines that the deficiency forming the basis of the finding has been corrected. (ii) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) of this section, if after 18 months but before 24 months from the finding the Administrator has proposed to find that the State is implementing the approved plan and has issued an interim final determination that the deficiency prompting the finding has been corrected, application of the offset sanction under paragraph (e)(1) of this section shall be stayed and application of the highway sanction under paragraph (e)(2) of this section shall be deferred unless and until the Administrator preliminarily or finally determines, through a proposed or final finding, that the State is not implementing the approved plan and that, therefore, the State has not corrected the deficiency. If the Administrator so preliminarily or finally determines that the State has not corrected the deficiency, the offset sanction under paragraph (e)(1) of this section shall reapply in the affected area on the date the Administrator proposes to take action or takes final action to find that the finding of nonimplementation has not been corrected. The highway sanction under paragraph (e)(2) of this section shall apply in the affected area on the later of 6 months from the date the offset sanction under paragraph (e)(1) of this section first applied in the affected area, unless the Administrator preliminarily or finally determines that the deficiency forming the basis of the finding has been corrected, or immediately if EPA's proposed or final action finding the deficiency has not been corrected occurs more than 6 months after initial application of the offset sanction under paragraph (e)(1) of this section. (iii) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) of this section, if after 24 months from the finding the Administrator has proposed to find that the State is implementing the approved plan and has issued an interim final determination that the deficiency prompting the finding has been corrected, application of the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section shall be stayed unless and until the Administrator preliminarily or finally determines, through a proposed or final finding, that the State is not implementing the approved plan, and that, therefore, the State has not corrected the deficiency. If the Administrator so preliminarily or finally determines that the State has not corrected the deficiency, the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section shall reapply in the affected area on the date the Administrator proposes to take action or takes final action to find that the finding of nonimplementation has not been corrected. (5) Any sanction clock started by a finding under paragraph (c) of this section will be permanently stopped and sanctions applied, stayed or deferred will be permanently lifted upon a final EPA finding that the deficiency forming the basis of the finding has been corrected. For a sanctions clock and applied sanctions based on a finding under paragraphs (c)(1) and (c)(3)(i) of this section, a finding that the deficiency has been corrected will occur by letter from the Administrator to the State governor. For a sanctions clock or applied, stayed or deferred sanctions based on a finding under paragraphs (c)(2) and (c)(3)(ii) of this section, a finding that the deficiency has been corrected will occur through a final notice in the Federal Register fully approving the revised SIP. For a sanctions clock or applied, stayed or deferred sanctions based on a finding under paragraph (c)(4) of this section, a finding that the deficiency has been corrected will occur through a final notice in the Federal Register finding that the State is implementing the approved SIP. (6) Notwithstanding paragraph (d)(1) of this section, nothing in this section will prohibit the Administrator from determining through notice-and-comment rulemaking that in specific circumstances the highway sanction, rather than the offset sanction, shall apply 18 months after the Administrator makes one of the findings under paragraph (c) of this section, and that the offset sanction, rather than the highway sanction, shall apply 6 months from the date the highway sanction applies. (e) Available sanctions and method for implementation—(1) Offset sanction. (i) As further set forth in paragraphs (e)(1)(ii)–(e)(1)(vi) of this section, the State shall apply the emissions offset requirement in the timeframe prescribed under paragraph (d) of this section on those affected areas subject under paragraph (d) of this section to the offset sanction. The State shall apply the emission offset requirements in accordance with 42 U.S.C. 7503 and 7509(b)(2), at a ratio of at least two units of emission reductions for each unit of increased emissions of the pollutant(s) and its (their) precursors for which the finding(s) under paragraph (c) of this section is (are) made. If the deficiency prompting the finding under paragraph (c) of this section is not specific to one or more particular pollutants and their precursors, the 2-to-1 ratio shall apply to all pollutants (and their precursors) for which an affected area within the State listed in paragraph (e)(1)(i) of this section is required to meet the offset requirements of 42 U.S.C. 7503. (ii) Notwithstanding paragraph (e)(1)(i) of this section, when a finding is made with respect to a requirement for the criteria pollutant ozone or when the finding is not pollutant-specific, the State shall not apply the emissions offset requirements at a ratio of at least 2-to-1 for emission reductions to increased emissions for nitrogen oxides where, under 42 U.S.C. 7511a(f), the Administrator has approved an NOX exemption for the affected area from the Act's new source review requirements under 42 U.S.C. 7501–7515 for NOX or where the affected area is not otherwise subject to the Act's new source review requirements for emission offsets under 42 U.S.C. 7501–7515 for NOX. (iii) Notwithstanding paragraph (e)(1)(i) of this section, when a finding under paragraph (c) of this section is made with respect to PM–10, or the finding is not pollutant-specific, the State shall not apply the emissions offset requirements, at a ratio of at least 2-to-1 for emission reductions to increased emissions to PM–10 precursors if the Administrator has determined under 42 U.S.C. 7513a(e) that major stationary sources of PM–10 precursors do not contribute significantly to PM–10 levels which exceed the NAAQS in the affected area. (iv) For purposes of applying the emissions offset requirement set forth in 42 U.S.C. 7503, at the 2-to-1 ratio required under this section, the State shall comply with the provisions of a State-adopted new source review (NSR) program that EPA has approved under 42 U.S.C. 7410(k)(3) as meeting the nonattainment area NSR requirements of 42 U.S.C. 7501–7515, as amended by the 1990 Amendments, or, if no plan has been so approved, the State shall comply directly with the nonattainment area NSR requirements specified in 42 U.S.C. 7501–7515, as amended by the 1990 Amendments, or cease issuing permits to construct and operate major new or modified sources as defined in those requirements. For purposes of applying the offset requirement under 42 U.S.C. 7503 where EPA has not fully approved a State's NSR program as meeting the requirements of part D, the specifications of those provisions shall supersede any State requirement that is less stringent or inconsistent. (v) For purposes of applying the emissions offset requirement set forth in 42 U.S.C. 7503, any permit required pursuant to 42 U.S.C. 7503 and issued on or after the date the offset sanction applies under paragraph (d) of this section shall be subject to the enhanced 2-to-1 ratio under paragraph (e)(1)(i) of this section. (2) Highway funding sanction. The highway sanction shall apply, as provided in 42 U.S.C. 7509(b)(1), in the timeframe prescribed under paragraph (d) of this section on those affected areas subject under paragraph (d) of this section to the highway sanction, but shall apply only to those portions of affected areas that are designated nonattainment under 40 CFR part 81. [59 FR 39859, Aug. 4, 1994] § 52.32 Sanctions following findings of SIP inadequacy. top For purposes of the SIP revisions required by §51.120, EPA may make a finding under section 179(a) (1)–(4) of the Clean Air Act, 42 U.S.C. 7509(a) (1)–(4), starting the sanctions process set forth in section 179(a) of the Clean Air Act. Any such finding will be deemed a finding under §52.31(c) and sanctions will be imposed in accordance with the order of sanctions and the terms for such sanctions established in §52.31. [60 FR 4737, Jan. 24, 1995] § 52.33 Compliance certifications. top (a) For the purpose of submitting compliance certifications, nothing in this part or in a plan promulgated by the Administrator shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed. (b) For all federal implementation plans, paragraph (a) of this section is incorporated into the plan. [62 FR 8328, Feb. 24, 1997] § 52.34 Action on petitions submitted under section 126 relating to emissions of nitrogen oxides. top (a) Definitions. For purposes of this section, the following definitions apply: (1) Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative. (2) Large Electric Generating Units (large EGUs) means: (i) For units that commenced operation before January 1, 1997, a unit serving during 1995 or 1996 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid. (ii) For units that commenced operation on or after January 1, 1997 and before January 1, 1999, a unit serving at any time during 1997 or 1998 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid. (iii) For units that commence operation on or after January 1, 1999, a unit serving at any time a generator that has a nameplate capacity greater than 25 MWe and produces electricity for sale. (3) Large Non-Electric Generating Units (large non-EGUs) means: (i) For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve during 1995 or 1996 a generator producing electricity for sale under a firm contract to the electric grid. (ii) For units that commenced operation on or after January 1, 1997 and before January 1, 1999, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve at any time during 1997 or 1998 a generator producing electricity for sale under a firm contract to the electric grid. (iii) For units that commence operation on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr that: (A) At no time serves a generator producing electricity for sale; or (B) At any time serves a generator producing electricity for sale, if any such generator has a nameplate capacity of 25 MWe or less and has the potential to use 50 percent or less of the potential electrical output capacity of the unit. (4) New sources means new and modified sources. (5) NOX means oxides of nitrogen. (6) OTAG means the Ozone Transport Assessment Group (active 1995–1997), a national work group that addressed the problem of ground-level ozone and the long-range transport of air pollution across the Eastern United States. The OTAG was a partnership between EPA, the Environmental Council of the States, and various industry and environmental groups. (7) Ozone season means the period of time beginning May 1 of a year and ending on September 30 of the same year, inclusive. (8) Potential electrical output capacity means, with regard to a unit, 33 percent of the maximum design heat input of the unit. (9) Unit means a fossil-fuel fired stationary boiler, combustion turbine, or combined cycle system. (b) Purpose and applicability. Paragraphs (c), (e)(1) and (e)(2), (g), and (h)(1) and (h)(2) of this section set forth the Administrator's findings with respect to the 1-hour national ambient air quality standard (NAAQS) for ozone that certain new and existing sources of emissions of nitrogen oxides (“NOX”) in certain States emit or would emit NOX in violation of the prohibition in section 110(a)(2)(D)(i) of the Clean Air Act (CAA) on emissions in amounts that contribute significantly to nonattainment in certain States that submitted petitions in 1997–1998 addressing such NOX emissions under section 126 of the CAA. Paragraphs (d), (e)(3) and (e)(4), (f), and (h)(3) and (h)(4) of this section set forth the Administrator's affirmative technical determinations with respect to the 8-hour NAAQS for ozone that certain new and existing sources of emissions of NOX in certain States emit or would emit NOX in violation of the prohibition in section 110(a)(2)(D)(i) of the CAA on emissions in amounts that contribute significantly to nonattainment in, or interfere with maintenance by, certain States that submitted petitions in 1997–1998 addressing such NOX emissions under section 126 of the CAA. (As used in this section, the term new source includes modified sources, as well.) Paragraph (i) of this section explains the circumstances under which the findings for sources in a specific State would be withdrawn. Paragraph (j) of this section sets forth the control requirements that apply to the sources of NOX emissions affected by the findings. Paragraph (k) of this section indefinitely stays the effectiveness of the affirmative technical determinations with respect to the 8-hour ozone standard. (1) The States that submitted such petitions are Connecticut, Maine, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and Vermont (each of which, hereinafter in this section, may be referred to also as a “petitioning State”). (2) The new and existing sources of NOX emissions covered by the petitions that emit or would emit NOX emissions in amounts that make such significant contributions are large electric generating units (EGUs) and large non-EGUs. (c) Section 126(b) findings relating to impacts on ozone levels in Connecticut—(1) Section 126(b) findings with respect to the 1-hour ozone standard in Connecticut. The Administrator finds that any existing or new major source or group of stationary sources emits or would emit NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone standard in the State of Connecticut if it is or will be: (i) In a category of large EGUs or large non-EGUs; (ii) Located in one of the States (or portions thereof) listed in paragraph (c)(2) of this section; and (iii) Within one of the “Named Source Categories” listed in the portion of Table F–1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Connecticut. (2) States or portions of States that contain sources for which the Administrator is making section 126(b) findings with respect to the 1-hour ozone standard in Connecticut. The States, or portions of States, that contain sources of NOX emissions for which the Administrator is making section 126(b) findings under paragraph (c)(1) of this section are: (i) Delaware. (ii) District of Columbia. (iii) Portion of Indiana located in OTAG Subregions 2 and 6, as shown in appendix F, Figure F–2, of this part. (iv) Portion of Kentucky located in OTAG Subregion 6, as shown in appendix F, Figure F–2, of this part. (v) Maryland. (vi) Portion of Michigan located south of 44 degrees latitude in OTAG Subregion 2, as shown in appendix F, Figure F–2, of this part. (vii) Portion of North Carolina located in OTAG Subregion 7, as shown in appendix F, Figure F–2, of this part. (viii) New Jersey. (ix) Portion of New York extending west and south of Connecticut, as shown in appendix F, Figure F–2, of this part. (x) Ohio. (xi) Pennsylvania. (xii) Virginia. (xiii) West Virginia. (d) Affirmative technical determinations relating to impacts on ozone levels in Maine—(1) Affirmative technical determinations with respect to the 8-hour ozone standard in Maine. The Administrator of EPA finds that any existing or new major source or group of stationary sources emits or would emit NOX in amounts that contribute significantly to nonattainment in the State of Maine, with respect to the 8-hour NAAQS for ozone if it is or will be: (i) In a category of large EGUs or large non-EGUs; (ii) Located in one of the States (or portions thereof) listed in paragraph (d)(2) of this section; and (iii) Within one of the “Named Source Categories” listed in the portion of Table F–1 of appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Maine. (2) States or portions of States that contain sources for which EPA is making an affirmative technical determination with respect to the 8-hour ozone standard in Maine. The States that contain sources for which EPA is making an affirmative technical determination are: (i) Connecticut. (ii) Delaware. (iii) District of Columbia. (iv) Maryland. (v) Massachusetts. (vi) New Jersey. (vii) New York. (viii) Pennsylvania. (ix) Rhode Island. (x) Virginia. (e) Section 126(b) findings and affirmative technical determinations relating to impacts on ozone levels in Massachusetts—(1) Section 126(b) findings with respect to the 1-hour ozone standard in Massachusetts. The Administrator finds that any existing major source or group of stationary sources emits NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone standard in the State of Massachusetts if it is: (i) In a category of large EGUs or large non-EGUs; (ii) Located in one of the States (or portions thereof) listed in paragraph (e)(2) of this section; and (iii) Within one of the “Named Source Categories” listed in the portion of Table F–1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Massachusetts. (2) States that contain sources for which the Administrator is making section 126(b) findings with respect to the 1-hour ozone standard in Massachusetts. The portions of States that contain sources of NOX emissions for which the Administrator is making section 126(b) findings under paragraph (e)(1) of this section are: (i) All counties in West Virginia located within a 3-county-wide band of the Ohio River, as shown in appendix F, Figure F–4, of this part. (ii) [Reserved] (3) Affirmative technical determinations with respect to the 8-hour ozone standard in Massachusetts. The Administrator of EPA finds that any existing major source or group of stationary sources emits NOX in amounts that contribute significantly to nonattainment in, or interfere with maintenance by, the State of Massachusetts, with respect to the 8-hour NAAQS for ozone if it is: (i) In a category of large EGUs or large non-EGUs; (ii) Located in one of the States (or portions thereof) listed in paragraph (e)(4) of this section; and (iii) Within one of the “Named Source Categories” listed in the portion of Table F–1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Massachusetts. (4) States or portions of States that contain sources for which EPA is making an affirmative technical determination with respect to the 8-hour ozone standard in Massachusetts. The portions of States that contain sources for which EPA is making an affirmative technical determination are: (i) All counties in Ohio located within a 3-county-wide band of the Ohio River, as shown in appendix F, Figure F–4, of this part. (ii) All counties in West Virginia located within a 3-county-wide band of the Ohio River, as shown in appendix F, Figure F–4, of this part. (f) Affirmative technical determinations relating to impacts on ozone levels in New Hampshire—(1) Affirmative technical determinations with respect to the 8-hour ozone standard in New Hampshire. The Administrator of EPA finds that any existing or new major source or group of stationary sources emits or would emit NOX in amounts that contribute significantly to nonattainment in, or interfere with maintenance by, the State of New Hampshire, with respect to the 8-hour NAAQS for ozone if it is or will be: (i) In a category of large EGUs or large non-EGUs; (ii) Located in one of the States (or portions thereof) listed in paragraph (f)(2) of this section; and (iii) Within one of the “Named Source Categories” listed in the portion of Table F–1 of appendix F of this part describing the sources of NOX emissions covered by the petition of the State of New Hampshire. (2) States or portions of States that contain sources for which EPA is making an affirmative technical determination with respect to the 8-hour ozone standard in New Hampshire. The States that contain sources for which EPA is making an affirmative technical determination are: (i) Connecticut. (ii) Delaware. (iii) District of Columbia. (iv) Maryland. (v) Massachusetts. (vi) New Jersey. (vii) New York. (viii) Pennsylvania. (ix) Rhode Island. (g) Section 126(b) findings relating to impacts on ozone levels in the State of New York—(1) Section 126(b) findings with respect to the 1-hour ozone standard in the State of New York. The Administrator finds that any existing or new major source or group of stationary sources emits or would emit NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone standard in the State of New York if it is or will be: (i) In a category of large EGUs or large non-EGUs; (ii) Located in one of the States (or portions thereof) listed in paragraph (g)(2) of this section; and (iii) Within one of the “Named Source Categories” listed in the portion of Table F–1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of New York. (2) States or portions of States that contain sources for which the Administrator is making section 126(b) findings with respect to the 1-hour ozone standard in New York. The States, or portions of States, that contain sources of NOX emissions for which the Administrator is making section 126(b) findings under paragraph (g)(1) of this section are: (i) Delaware. (ii) District of Columbia. (iii) Portion of Indiana located in OTAG Subregions 2 and 6, as shown in appendix F, Figure F–6, of this part. (iv) Portion of Kentucky located in OTAG Subregion 6, as shown in appendix F, Figure F–6, of this part. (v) Maryland. (vi) Portion of Michigan located south of 44 degrees latitude in OTAG Subregion 2, as shown in appendix F, Figure F–6, of this part. (vii) Portion of North Carolina located in OTAG Subregions 6 and 7, as shown in appendix F, Figure F–6, of this part. (viii) New Jersey. (ix) Ohio. (x) Pennsylvania. (xi) Virginia. (xii) West Virginia. (h) Section 126(b) findings and affirmative technical determinations relating to impacts on ozone levels in the State of Pennsylvania—(1) Section 126(b) findings with respect to the 1-hour ozone standard in the State of Pennsylvania. The Administrator finds that any existing or new major source or group of stationary sources emits or would emit NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone standard in the State of Pennsylvania if it is or will be: (i) In a category of large EGUs or large non-EGUs; (ii) Located in one of the States (or portions thereof) listed in paragraph (h)(2) of this section; and (iii) Within one of the “Named Source Categories” listed in the portion of Table F–1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Pennsylvania. (2) States that contain sources for which the Administrator is making section 126(b) findings with respect to the 1-hour ozone standard in Pennsylvania. The States that contain sources of NOX emissions for which the Administrator is making section 126(b) findings under paragraph (h)(1) of this section are: (i) North Carolina. (ii) Ohio. (iii) Virginia. (iv) West Virginia. (3) Affirmative technical determinations with respect to the 8-hour ozone standard in Pennsylvania. The Administrator of EPA finds that any existing or new major source or group of stationary sources emits or would emit NOX in amounts that contribute significantly to nonattainment in, or interfere with maintenance by, the State of Pennsylvania, with respect to the 8-hour NAAQS for ozone: (i) In a category of large EGUs or large non-EGUs; (ii) Located in one of the States (or portions thereof) listed in paragraph (h)(4) of this section; and (iii) Within one of the “Named Source Categories” listed in the portion of Table F–1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Pennsylvania. (4) States or portions of States that contain sources for which EPA is making an affirmative technical determination with respect to the 8-hour ozone standard in Pennsylvania. The States that contain sources for which EPA is making an affirmative technical determination are: (i) Alabama. (ii) Illinois. (iii) Indiana. (iv) Kentucky. (v) Michigan. (vi) Missouri. (vii) North Carolina. (viii) Ohio. (ix) Tennessee. (x) Virginia. (xi) West Virginia. (i) Withdrawal of section 126 findings. Notwithstanding any other provision of this subpart, a finding under paragraphs (c), (e)(1) and (e)(2), (g), and (h)(1) and (h)(2) of this section as to a particular major source or group of stationary sources in a particular State will be deemed to be withdrawn, and the corresponding part of the relevant petition(s) denied, if the Administrator issues a final action putting in place implementation plan provisions that comply with the requirements of §§51.121 and 51.122 of this chapter for such State. (j) Section 126 control remedy. The Federal NOX Budget Trading Program in part 97 of this chapter applies to the owner or operator of any new or existing large EGU or large non-EGU as to which the Administrator makes a finding under section 126(b) of the Clean Air Act pursuant to the provisions of paragraphs (c), (e)(1) and (e)(2), (g), and (h)(1) and (h)(2) of this section. (k) Stay of findings with respect to the 8-hour ozone standard. Notwithstanding any other provisions of this subpart, the effectiveness of paragraphs (d), (e)(3) and (e)(4), (f), (h)(3) and (h)(4) of this section is stayed. (l) Temporary stay of rules. Notwithstanding any other provisions of this subpart, the effectiveness of this section is stayed from July 26, 1999 until February 17, 2000. [64 FR 28318, May 25, 1999, as amended at 64 FR 33961, June 24, 1999; 65 FR 2042, Jan. 13, 2000; 65 FR 2726, Jan. 18, 2000; 69 FR 31505, June 3, 2004] Subpart B—Alabama top § 52.50 Identification of plan. top Link to an amendment published at 71 FR 12140, Mar. 9, 2006. (a) Purpose and scope. This section sets forth the applicable State implementation plan for Alabama under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraph (c) and (d) of this section with an EPA approval date prior to January 1, 2003, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after January 1, 2003, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of January 1, 2003. (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303; the EPA, Office of Air and Radiation Docket and Information Center, Room B–108, 1301 Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved Alabama regulations. EPA Approved Alabama Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-1 General Provision ---------------------------------------------------------------------------------------------------------------- Section 335-3-1-.01............. Purpose.............. 06/22/89 03/19/90 55 FR 10062 Section 335-3-1-.02............. Definitions.......... 08/10/00 12/08/00 65 FR 76940 Section 335-3-1-.03............. Ambient Air Quality 10/13/98 03/01/99 Standards. 64 FR 9918 Section 335-3-1-.04............. Monitoring, Records, 10/15/96 06/06/97 and Reporting. 62 FR 30991 Section 335-3-1-.05............. Sampling and Test 06/22/89 03/19/90 Methods. 55 FR 10062 Section 335-3-1-.06............. Compliance Schedule.. 10/15/96 06/06/97 62 FR 30991 Section 335-3-1-.07............. Maintenance and 10/15/89 03/19/90 Malfunctioning of 55 FR 10062 Equipment; Reporting. Section 335-3-1-.08............. Prohibition of Air 08/10/00 12/08/00 Pollution. 65 FR 76940 Section 335-3-1-.09............. Variances............ 10/15/96 06/06/97 62 FR 30991 Section 335-3-1-.10............. Circumvention........ 06/22/89 03/19/90 55 FR 10062 Section 335-3-1-.11............. Severability......... 10/15/96 06/06/97 62 FR 30991 Section 335-3-1-.12............. Bubble Provision..... 06/22/89 03/19/90 55 FR 10062 Section 335-3-1-.13............. Credible Evidence.... 04/13/99 11/03/99 64 FR 59633 Section 335-3-1-.14............. Emissions Reporting 04/06/01 07/16/01 Requirements 66 FR 36921 Relating to Budgets for NOX Emissions. Section 335-3-1-.15............. Emissions Inventory 04/03/03 04/24/03 Reporting 68 FR 20077 Requirements. ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-2 Air Pollution Emergency ---------------------------------------------------------------------------------------------------------------- Section 335-3-2-.01............. Air Pollution 06/22/89 03/19/90 Emergency. 55 FR 10062 Section 335-3-2-.02............. Episode Criteria..... 08/10/00 12/08/00 65 FR 76940 Section 335-3-2-.03............. Special Episode 06/22/89 03/19/90 Criteria. 55 FR 10062 Section 335-3-2-.04............. Emission Reduction 06/22/89 03/19/90 Plans. 55 FR 10062 Section 335-3-2-.05............. Two Contaminant 06/22/89 03/19/90 Episode. 55 FR 10062 Section 335-3-2-.06............. General Episodes..... 06/22/89 03/19/90 55 FR 10062 Section 335-3-2-.07............. Local Episodes....... 06/22/89 03/19/90 55 FR 10062 Section 335-3-2-.08............. Other Sources........ 10/15/96 06/06/97 62 FR 30991 Section 335-3-2-.09............. Other Authority Not 06/22/89 03/19/90 Affected. 55 FR 10062 ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-3 Control of Open Burning and Incineration ---------------------------------------------------------------------------------------------------------------- Section 335-3-3-.01............. Open Burning......... mm/dd/yy 12/28/05 70 FR 76694 Section 335-3-3-.02............. Incinerators......... 06/22/89 03/19/90 55 FR 10062 Section 335-3-3-.03............. Incineration of Wood, 08/10/00 12/08/00 Peanut, and Cotton 65 FR 76940 Ginning Waste. ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-4 Control of Particulate Emissions ---------------------------------------------------------------------------------------------------------------- Section 335-3-4-.01............. Visible Emissions.... 10/15/96 06/06/97 62 FR 30991 Section 335-3-4-.02............. Fugitive Dust and 10/15/96 06/06/97 Fugitive Emissions. 62 FR 30991 Section 335-3-4-.03............. Fuel Burning 10/15/96 06/06/97 Equipment. 62 FR 30991 Section 335-3-4-.04............. Process 10/15/96 06/06/97 Industries_General. 62 FR 30991 Section 335-3-4-.05............. Small Foundry Cupola. 06/22/89 03/19/90 55 FR 10062 Section 335-3-4-.06............. Cotton Gins.......... 06/22/89 03/19/90 55 FR 10062 Section 335-3-4-.07............. Kraft Pulp Mills..... 10/15/96 06/06/97 62 FR 30991 Section 335-3-4-.08............. Wood Waste Boilers... 08/10/00 12/08/00 65 FR 76940 Section 335-3-4-.09............. Coke Ovens........... 08/10/00 12/08/00 65 FR 76940 Section 335-3-4-.10............. Primary Aluminum 06/22/89 03/19/90 Plants. 55 FR 10062 Section 335-3-4-.11............. Cement Plants........ 10/15/96 06/06/97 62 FR 30991 Section 335-3-4-.12............. Xylene Oxidation 06/22/89 03/19/90 Process. 55 FR 10062 Section 335-3-4-.13............. Sintering Plants..... 06/22/89 03/19/90 55 FR 10062 Section 335-3-4-.14............. Grain Elevators...... 10/15/96 06/06/97 62 FR 30991 Section 335-3-4-.15............. Secondary Lead 10/15/96 06/06/97 Smelters. 62 FR 30991 Section 335-3-4-.17............. Steel Mills Located 10/15/96 06/06/97 in Etowah County. 62 FR 30991 ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-5 Control of Sulfur Compound Emissions ---------------------------------------------------------------------------------------------------------------- Section 335-3-5-.01............. Fuel Combustions..... 10/15/96 06/06/97 62 FR 30991 Section 335-3-5-.02............. Sulfuric Acid Plants. 10/15/96 06/06/97 62 FR 30991 Section 335-3-5-.03............. Petroleum Production. 08/10/00 12/08/00 65 FR 76940 Section 335-3-5-.04............. Kraft Pulp Mills..... 08/10/00 12/08/00 65 FR 76940 Section 335-3-5-.05............. Process 06/22/89 03/19/90 Industries_General. 55 FR 10062 ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-6 Control of Organic Emissions ---------------------------------------------------------------------------------------------------------------- Section 335-3-6-.01............. Applicability........ 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.02............. VOC Water Separation. 06/22/89 03/19/90 55 FR 10062 Section 335-3-6-.03............. Loading and Storage 06/22/89 03/19/90 of VOC. 55 FR 10062 Section 335-3-6-.04............. Fixed-Roof Petroleum 10/15/96 06/06/97 Liquid Storage 62 FR 30991 Vessels. Section 335-3-6-.05............. Bulk Gasoline Plants. 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.06............. Bulk Gasoline 08/10/00 12/08/00 Terminals. 65 FR 76940 Section 335-3-6-.07............. Gasoline Dispensing 10/15/96 06/06/97 Facilities_Stage I. 62 FR 30991 Section 335-3-6-.08............. Petroleum Refinery 06/22/89 03/19/90 Sources. 55 FR 10062 Section 335-3-6-.09............. Pumps and Compressors 06/22/89 03/19/90 55 FR 10062 Section 335-3-6-.10............. Ethylene Producing 06/22/89 03/19/90 Plants. 55 FR 10062 Section 335-3-6-.11............. Surface Coating...... 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.12............. Solvent Metal 10/15/96 06/06/97 Cleaning. 62 FR 30991 Section 335-3-6-.13............. Cutback Asphalt...... 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.14............. Petition for 06/22/89 03/19/90 Alternative Controls. 55 FR 10062 Section 335-3-6-.15............. Compliance Schedules. 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.16............. Test Methods and 08/10/00 12/08/00 Procedures. 65 FR 76940 Section 335-3-6-.17............. Manufacture of 10/15/95 06/06/97 Pneumatic Tires. 62 FR 30991 Section 335-3-6-.18............. Manufacture of 10/15/96 06/06/97 Synthesized 62 FR 30991 Pharmaceutical Products. Section 335-3-6-.19............. Reserved Section 335-3-6-.20............. Leaks from Gasoline 10/15/96 06/06/97 Tank Trucks and 62 FR 30991 Vapor Collection Systems. Section 335-3-6-.21............. Leaks from Petroleum 10/15/96 06/06/97 Refinery Equipment. 62 FR 30991 Section 335-3-6-.22............. Graphic Arts......... 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.23............. Petroleum Liquid 10/15/96 06/06/97 Storage in External 62 FR 30991 Floating Roof Tanks. Section 335-3-6-.24............. Applicability........ 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.25............. VOC Water Separation. 06/22/89 03/19/90 55 FR 10062 Section 335-3-6-.26............. Loading and Storage 06/22/89 03/19/90 of VOC. 55 FR 10062 Section 335-3-6-.27............. Fixed-Roof Petroleum 10/15/96 06/06/97 Liquid Storage 62 FR 30991 Vessels. Section 335-3-6-.28............. Bulk Gasoline Plants. 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.29............. Gasoline Terminals... 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.30............. Gasoline Dispensing 10/15/96 06/06/97 Facilities Stage I. 62 FR 30991 Section 335-3-6-.31............. Petroleum Refinery 06/22/89 03/19/90 Sources. 55 FR 10062 Section 335-3-6-.32............. Surface Coating...... 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.33............. Solvent Metal 06/22/89 03/19/90 Cleaning. 55 FR 10062 Section 335-3-6-.34............. Cutback Asphalt...... 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.35............. Petition for 06/22/89 03/19/90 Alternative Controls. 55 FR 10062 Section 335-3-6-.36............. Compliance Schedules. 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.37............. Test Methods and 10/15/96 06/06/97 Procedures. 62 FR 30991 Section 335-3-6-.38............. Manufacture of 06/22/89 03/19/90 Pneumatic Tires. 55 FR 10062 Section 335-3-6-.39............. Manufacture of 10/15/96 06/06/97 Synthesized 62 FR 30991 Pharmaceutical Products. Section 335-3-6-.40............. Reserved ........... Section 335-3-6-.41............. Leaks from Gasoline 10/15/96 06/06/97 Tank Trucks and 62 FR 30991 Vapor Collection Systems. Section 335-3-6-.42............. Leaks from Petroleum 10/15/96 06/06/97 Refinery Equipment. 62 FR 30991 Section 335-3-6-.43............. Graphic Arts......... 06/22/89 03/19/90 55 FR 10062 Section 335-3-6-.44............. Petroleum Liquid 10/15/96 06/06/97 Storage in External 62 FR 30991 Floating Roof Tanks. Section 335-3-6-.45............. Large Petroleum Dry 10/15/96 06/06/97 Cleaners. 62 FR 30991 Section 335-3-6-.46............. Aerospace Assembly 06/22/89 03/19/09 and Component and 55 FR 10062 Component Coatings Operation. Section 335-3-6-.47............. Leaks from Coke by- 10/15/96 06/06/97 Product Recovery 62 FR 30991 Plant Equipment. Section 335-3-6-.48............. Emissions from Coke 10/15/96 06/06/97 by-Product Recovery 62 FR 30991 Plant Coke Oven Gas Bleeder. Section 335-3-6-.49............. Manufacture of 06/22/89 03/19/90 Laminated 55 FR 10062 Countertops. Section 335-3-6-.50............. Paint Manufacture.... 10/15/96 06/06/97 62 FR 30991 Section 335-3-6-.53............. List of EPA Approved 06/26/91 09/27/91 and Equivalent Test 58 FR 50262 Methods and Procedures for the Purpose of Determining VOC Emissions. ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-7 Carbon Monoxide Emissions ---------------------------------------------------------------------------------------------------------------- Section 335-3-7-.01............. Metals Productions... 06/22/89 03/19/90 55 FR 10062 Section 335-3-7-.02............. Petroleum Processes.. 06/22/89 03/19/90 55 FR 10062 ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-8 Nitrogen Oxides Emissions ---------------------------------------------------------------------------------------------------------------- Section 335-3-8-.01............. Standards for 04/06/01 07/17/01 Portland Cement 66 FR 36921 Kilns. Section 335-3-8-.02............. Nitric Acid 10/15/96 06/06/97 Manufacturing. 62 FR 30991 Section 335-3-8-.03............. NOX Emissions from 10/24/00 11/07/01 Electric Utility 66 FR 56223 Generating Units. Section 335-3-8-.04............. Standards for mm/dd/yy 12/28/05 Stationary 70 FR 76694 Reciprocating Internal Combustion Engines. Section 335-3-8-.05............. NOX Budget Trading 04/06/01 07/17/01 Program. 66 FR 36921 Section 335-3-8-.06............. Authorized Account 04/06/01 07/17/01 Representative for 66 FR 36921 NOX Budget Sources. Section 335-3-8-.07............. Permits.............. 04/06/01 07/17/01 66 FR 36921 Section 335-3-8-.08............. Compliance 04/06/01 07/17/01 Certification. 66 FR 36921 Section 335-3-8-.09............. NOX Allowance 04/06/01 07/17/01 Allocations. 66 FR 36921 Section 335-3-8-.10............. NOX Allowance 04/03/03 04/24/03 Tracking System. 68 FR 20077 Section 335-3-8-.11............. NOX Allowance 04/06/01 07/17/01 Transfers. 66 FR 36921 Section 335-3-8-.12............. Monitoring and 04/06/01 07/17/01 Reporting. 66 FR 36921 Section 335-3-8-.13............. Individual Unit Opt- 05/07/02 07/17/01 ins. 66 FR 36921 Section 335-3-8-.14............. New Combustion 04/06/01 07/17/01 Sources. 66 FR 36921 ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-9 Control Emissions From Motor Vehicles ---------------------------------------------------------------------------------------------------------------- Section 335-3-9-.01............. Visible Emission 10/15/96 06/06/97 Restriction for 62 FR 30991 Motor Vehicles. Section 335-3-9-.02............. Ignition System and 08/10/00 12/08/00 Engine Speed. 65 FR 76940 Section 335-3-9-.03............. Crankcase Ventilation 08/10/00 12/08/00 Systems. 65 FR 76940 Section 335-3-9-.04............. Exhaust Emission 06/22/89 03/19/90 Control Systems. 55 FR 10062 Section 335-3-9-.05............. Evaporative Loss 06/22/89 03/19/90 Control Systems. 55 FR 10062 Section 335-3-9-.06............. Other Prohibited Acts 08/10/00 12/08/00 65 FR 76940 Section 335-3-9-.07............. Effective Date....... 10/15/96 06/06/97 62 FR 30991 ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-12 Continuous Monitoring Requirements for Existing Sources ---------------------------------------------------------------------------------------------------------------- Section 335-3-12-.01............ General.............. 06/22/89 03/19/90 55 FR 10062 Section 335-3-12-.02............ Emission Monitoring 02/17/98 09/14/98 and Reporting 63 FR 49005 Requirements. Section 335-3-12-.03............ Monitoring System 06/22/89 03/19/90 Malfunction. 55 FR 10062 Section 335-3-12-.04............ Alternate Monitoring 06/22/89 03/19/90 and Reporting 55 FR 10062 Requirements. Section 335-3-12-.05............ Exemptions and 06/22/89 03/19/90 Extensions. 55 FR 10062 ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-13 Control of Fluoride Emissions ---------------------------------------------------------------------------------------------------------------- Section 335-3-13-.01............ General.............. 10/15/96 06/06/97 62 FR 30991 Section 335-3-13-.02............ Superphosphoric Acid 10/15/96 06/06/97 Plants. 62 FR 30991 Section 335-3-13-.03............ Diammonium Phosphate 10/15/96 06/06/97 Plants. 62 FR 30991 Section 335-3-13-.04............ Triple 10/15/96 06/06/97 Superphosphoric 62 FR 30991 Plants. Section 335-3-13-.05............ Granular Triple 10/15/96 06/06/97 Superphosphoric 62 FR 30991 Storage Facilities. Section 335-3-13-.06............ Wet Process 10/15/96 06/06/97 Phosphoric Acid 62 FR 30991 Plants. ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-14 Air Permits ---------------------------------------------------------------------------------------------------------------- Section 335-3-14-.01............ General Provisions... 02/17/98 09/14/98 63 FR 49008 Section 335-3-14-.02............ Permit Procedures.... 10/15/96 06/06/97 62 FR 30991 Section 335-3-14-.03............ Standards for 08/10/96 12/02/00 Granting Permits. 65 FR 76940 Section 335-3-14-.04............ Air Permits 02/05/02 04/20/02 Authorizing 67 FR 17288 Construction in Clean Air Areas (prevention of Significant Deterioration (PSD)). Section 335-3-14-.05............ Air Permits 08/10/00 12/02/00 Authorizing 65 FR 76940 Construction in or Near Nonattainment Areas. ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-15 Synthetic Minor Operating Permits ---------------------------------------------------------------------------------------------------------------- Section 335-3-15-.01............ Definitions.......... 10/15/96 06/06/97 62 FR 30991 Section 335-3-15-.02............ General Provisions... 08/10/00 12/02/00 65 FR 76940 Section 335-3-15-.03............ Applicability........ 11/23/93 10/20/94 59 FR 52916 Section 335-3-15-.04............ Synthetic Minor 10/15/96 06/06/97 Operating Permit 62 FR 30991 Requirements. Section 335-3-15-.05............ Public Participation. 10/15/96 06/06/97 62 FR 30991 ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-17 Conformity of Federal Actions to State Implementation Plans ---------------------------------------------------------------------------------------------------------------- Section 335-3-17-.01............ Transportation 04/03/03 04/24/03 Conformity. 68 FR 20077 Section 335-3-17-.02............ General Conformity... 03/27/98 05/11/00 65 FR 30361 ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-20 Control of Fuels ---------------------------------------------------------------------------------------------------------------- Section 335-3-20-.01............ Definitions.......... 10/24/00 11/07/01 66 FR 56219 Section 335-3-20-.02............ Control of Fuels..... 10/24/00 11/07/01 66 FR 56219 Section 335-3-20-.03............ Recordkeeping, 10/24/00 11/07/01 Reporting, and 66 FR 56219 Testing. ---------------------------------------------------------------------------------------------------------------- (d) EPA approved Alabama source specific requirements. EPA Approved Alabama Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State EPA Name of source Permit No. effective approval Explanation date date ---------------------------------------------------------------------------------------------------------------- None. ---------------------------------------------------------------------------------------------------------------- (e) EPA approved Alabama non-regulatory provisions. EPA Approved Alabama Non-regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Applicable submittal Name of nonregulatory SIP geographic or date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- Birmingham 1990 Baseline Emissions Birmingham Ozone 11/13/92 06/04/99 Inventory. Nonattainment Area. 64 FR 29961 Alabama Interagency Transportation .................... 01/20/00 05/11/00 Conformity Memorandum of 65 FR 30362 Agreement. Alabama Fuel Waiver Request- Birmingham Ozone 12/01/00 11/07/01 Appendix II of Attainment Nonattainment Area. 66 FR 56220 Demonstration of the 1-hour NAAQS for Ozone for the Birmingham Nonattainment Area. Attainment Demonstration of the 1- Birmingham Ozone 12/01/00 11/07/01 hour NAAQS for Ozone for the Nonattainment Area. 66 FR 56224 Birmingham Nonattainment Area. Maintenance plan for the Jefferson County and 01/30/04 03/12/04 .................. Birmingham area. Shelby County. 69 FR 11800 ---------------------------------------------------------------------------------------------------------------- [63 FR 70672, Dec. 22, 1998, as amended at 64 FR 9918, Mar. 1, 1999; 64 FR 29961, June 4, 1999; 64 FR 59635, Nov. 3, 1999; 65 FR 30361, 30362, May 11, 2000; 65 FR 76939, Dec. 8, 2000; 66 FR 36920, July 16, 2001; 66 FR 56219, 56224, Nov. 7, 2001; 67 FR 4669, Jan. 31, 2002; 67 FR 17288, Apr. 10, 2002; 67 FR 76317, Dec. 12, 2002; 68 FR 5222, Feb. 3, 2003; 68 FR 7174, Feb. 12, 2003; 68 FR 20077, Apr. 24, 2003; 69 FR 11800, Mar. 12, 2004; 70 FR 76697, Dec. 28, 2005] § 52.51 Classification of regions. top The Alabama plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Alabama & Tombigbee Rivers Intrastate............ II III III III III Columbus (Georgia)-Phenix City (Alabama) Interstate.. I III III III III East Alabama Intrastate.............................. I III III III III Metropolitan Birmingham Intrastate................... I II III I I Mobile (Alabama)-Pensacola-Panama City (Florida)- I I III III I Southern Mississippi Interstate..................... Southeast Alabama Intrastate......................... II III III III III Tennessee River Valley (Alabama)-Cumberland Mountains I I III III III (Tennessee) Interstate.............................. ---------------------------------------------------------------------------------------------------------------- [37 FR 10847, May 31, 1972] § 52.53 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Alabama's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. [45 FR 37431, June 3, 1980] § 52.56 Review of new sources and modifications. top Part D conditional approval. The plan's provisions for review of new sources and modifications in nonattainment areas are approved on condition that the State submit any necessary corrections by March 9, 1984 and, during the interim, implement these regulations in a manner consistent with EPA requirements. [48 FR 9860, Mar. 9, 1983] § 52.57 Control strategy: Sulfur oxides. top (a) The requirements of Subpart G of this chapter are not met since the Alabama plan does not provide for attainment and maintenance of the national standards for sulfur oxides in the vicinity of the Widows Creek Power Plant in Jackson County, Alabama. Therefore, Part 5.1, Fuel Combustion, of Chapter 5, Control of Sulfur Compound Emissions, of the rules and regulations of the State of Alabama, as adopted by the Alabama Air Pollution Control Commission on May 29, 1973, and amended on March 25, 1975, which is part of the revised sulfur oxide control strategy, is disapproved as it applies to the Widows Creek Plant. Part 5.1 of the Alabama rules and regulations as adopted on January 18, 1972, remains the implementation plan regulation applicable to that source. (b) [Reserved] [41 FR 42674, Sept. 28, 1976, as amended at 51 FR 40676, Nov. 7, 1986] § 52.58 Control strategy: Lead. top The lead plan submitted by the State on March 24, 1982, is disapproved because it fails to provide for the attainment of the lead standard throughout Alabama. The lead plan submitted by the State on October 7, 1985, and November 13, 1986, for Jefferson County is conditionally approved on the condition that the State by October 1, 1987, determine what additional control measures may be necessary, if any, to assure attainment and maintenance as expeditiously as practicable but no later than the applicable attainment deadline and submit those measures to EPA for approval, together with an appropriate demonstration of attainment. The provisions in the regulation submitted on October 7, 1985, that give the Jefferson County Health Officer discretion to vary the requirements of the regulation are approved as limits on that discretion, but any variances that may result from those provisions are not approved in advance and hence change the applicable implementation plan only when approved by EPA on a case-by-case basis. [49 FR 18738, May 2, 1984, as amended at 52 FR 4291, Feb. 11, 1987] § 52.60 Significant deterioration of air quality. top (a) All applications and other information required pursuant to §52.21 from sources located in the State of Alabama shall be submitted to the Division of Air Pollution Control, Alabama Air Pollution Control Commission, 645 South McDonough Street, Montgomery, Alabama 36103, rather than to EPA's Region IV Office. (b) On March 24, 1987, the Alabama Department of Environmental Management submitted a letter committing the State of Alabama to require that modeling for PSD permits be done only in accordance with the “Guideline on Air Quality Models (Revised)” or other models approved by EPA. [42 FR 22869, May 5, 1977, as amended at 46 FR 55518, Nov. 10, 1981; 52 FR 48812, Dec. 28, 1987] § 52.61 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Long-term strategy. The provisions of §52.29 are hereby incorporated into the applicable plan for the State of Alabama. [52 FR 45138, Nov. 24, 1987] § 52.62 Control strategy: Sulfur oxides and particulate matter. top In a letter dated May 29, 1987, the Alabama Department of Health and Environmental Control certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. The certification does not apply to: Alabama Electric Cooperative—Lowman Steam Plant; Alabama Power Company-Gorgas Steam Plant, Gaston Steam Plant, Greene County Steam Plant, Gadsden Steam Plant, Miller Steam Plant, and Barry Steam Plant; Alabama River Pulp; Champion International Corporation; Container Corporation of America; Exxon Company's Big Escambia Creek Treating Facility; General Electric's Burkville Plant; International Paper; Scott Paper Company; Tennessee Valley Authority's Colbert, and Widows Creek Steam Plant; Union Camp Corporation; and U.S. Steel. [55 FR 5846, Feb. 20, 1990] § 52.63 PM10 State Implementation Plan development in group II areas. top On March 15, 1989, the State submitted a committal SIP for the cities of Leeds and North Birmingham in Jefferson County. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681. The SIP commits the State to submit an emissions inventory, continue to monitor for PM10, report data and to submit a full SIP if a violation of the PM10 and National Ambient Air Quality Standards is detected. [56 FR 32514, July 17, 1991] § 52.64 [Reserved] top § 52.65 Control Strategy: Nitrogen oxides. top On October 22, 1990, the Alabama Department of Environmental Management submitted a revision to Chapter 2, Control Strategy, by adding subsection 4.2.3. This revision addressed the strategy Alabama is using to implement provisions of the Prevention of Significant Deterioration regulations for nitrogen oxides. [57 FR 24370, June 9, 1992] § 52.66 Control Strategy: Ozone. top (a) The redesignation request submitted by the State of Alabama, on March 16, 1995 for the Birmingham marginal ozone nonattainment area from nonattainment to attainment was disapproved on September 19, 1997. (b) The State of Alabama is required to submit an attainment demonstration SIP for the Birmingham 1-hour ozone nonattainment area by April 27, 2001. For purposes of the SIP revision required by this section, EPA may make a finding as applicable under section 179(a)(1)–(4) of the CAA, 42 U.S.C. 7509(a)(1)–(4), starting the sanctions process set forth in section 179(a) of the CAA. Any such finding will be deemed a finding under §52.31(c) and sanctions will be imposed in accordance with the order of sanctions and the terms for such sanctions established in §52.31. [62 FR 49158, Sept. 19, 1997, as amended at 65 FR 64357, Oct. 27, 2000; 65 FR 67796, Nov. 13, 2000] § 52.69 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of Alabama” and all revisions submitted by Alabama that were federally approved prior to December 1, 1998. (b) The plan was officially submitted on January 25, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Letter informing Governor of Florida of submittal of Alabama Implementation Plan submitted on March 21, 1972, by the Alabama Air Pollution Control Commission. (2) Compliance schedules submitted on April 18, 1972, by the Alabama Air Pollution Control Commission. (3) Clarifying comments on the plan submitted on April 28, 1972, by the Alabama Air Pollution Control Commission. (4) Semi-annual report, miscellaneous non-regulatory additions to the plan, compliance schedules and miscellaneous regulatory additions to Chapters 3, 4, 5 and 9 submitted on February 15, 1973, by the Alabama Air Pollution Control Commission. (5) Transportation control plans submitted on April 24, 1973, by the Alabama Air Pollution Control Commission. (6) Miscellaneous non-regulatory additions to the plan submitted on June 29, 1973, by the Alabama Air Pollution Control Commission. (7) Miscellaneous non-regulatory additions and complex source regulation, Chapter 10, submitted on September 26, 1973, by the Alabama Air Pollution Control Commission. (8) Plan revisions to Chapter 5 concerning sulfur compound emissions submitted on October 31, 1973, by the Alabama Air Pollution Control Commission. (9) Revision to Part 4.10, Primary Aluminum Plants, and redefinition of “Solid Particulate Matter” in section 1.2.1 submitted on May 27, 1974, by the Alabama Air Pollution Control Commission. (10) AQMA identifications submitted on June 17, 1974, by the Alabama Air Pollution Control Commission. (11) Coke oven regulations, Part 4.9 excluding section 4.9.4, submitted on June 20, 1974, by the Alabama Air Pollution Control Commission. (12) Revised limits on particulate emissions from Portland cement plants, submitted on June 4, 1975, by the Alabama Air Pollution Control Commission. (13) Revised limits on sulfur dioxide and sulfuric acid mist emissions from sulfuric acid plants, submitted on July 25, 1975, by the Alabama Air Pollution Control Commission. (14) Revised area classification system for fuel combustion sources of sulfur dioxide and initial classification of Counties, submitted on May 1 and October 9, 1975, respectively, by the Alabama Air Pollution Control Commission. (15) Revised emergency level for photochemical oxidants (emergency episode control plan) submitted by the Alabama Air Pollution Control Commission on April 23, 1976. (16) Revised SO2 emissions from gas processing plants submitted by the Alabama Air Pollution Control Commission on July 21, 1976. (17) Regulations equivalent to EPA's New Source Performance Standards (40 CFR part 60) and continuous monitoring requirements for existing stationary sources (40 CFR 51.19), submitted by the Alabama Air Pollution Control Commission on October 28, 1976. (18) Revised regulations for the charging and pushing of coke in existing conventional batteries, submitted by the Alabama Air Pollution Control Commission on July 14, 1978. (19) Part 4.12, dealing with particulate emissions from xylene oxidation, submitted by the Alabama Air Pollution Control Commission on September 13, 1978. (20) 1979 implementation plan revisions for nonattainment areas (TSP and ozone), submitted on April 19, 1979, (as clarified by a letter of August 10, 1979), by the Alabama Air Pollution Control Commission. (21) Revisions in permit regulations as follows: (i) Title of 16.3.2. is changed to “Permits to Construct in or near Nonattainment Areas;” (ii) a subparagraph (9), “Significant Impact,” is added to paragraph 16.3.2.(b); (iii) paragraph 16.3.2.(c) is revised; and (iv) subparagraph 16.3.2.(d)(5) is deleted; these revisions were adopted on February 13, 1980, and submitted on February 20, 1980, by the Alabama Air Pollution Control Commission to correct deficiencies in the Part D revisions given conditional approval by EPA on November 26, 1979. (22) 1979 implementation plan revisions for sulfur dioxide nonattainment areas in Colbert, Lauderdale, and Jackson Counties, adopted on August 28, 1979, and submitted on September 6, 1979 by the Alabama Air Pollution Control Commission. (23) Request for an 18-month extension of the statutory deadline for submitting a plan to attain and maintain the secondary standard for sulfur dioxide in the Jackson County nonattainment area, submitted on September 6, 1979, by the Alabama Air Pollution Control Commission. (24) Revision to the State Implementation Plan to delete the indirect source regulations submitted by the Alabama Air Pollution Control Commission on December 12, 1978. (25) Revised emergency episode control plan, updating procedures and raising the alert level for ozone from 0.10 ppm to 0.15 ppm, submitted by the Alabama Air Pollution Control Commission on January 11, 1980. (26) Revision to the State Implementation Plan for an air quality surveillance network was submitted by the Alabama Air Pollution Control Commission on January 9, 1980. (27) Alternative compliance schedules for nine sources of volatile organic compounds, submitted by the Alabama Air Pollution Control Commission on July 3, 1980. (28) Revisions to Chapter 6 of the Alabama Rules and Regulations were submitted by the Alabama Air Pollution Control Commission on April 1, 1981. (29) Alternative TSP control strategy for 3M Company's Guin plant, submitted on February 4, 1981, by the Alabama Air Pollution Control Commission. (30) Revisions in Chapters 12 and 13, adopting Federal NSPS and NESHAPS regulations by reference, submitted by the Alabama Air Pollution Control Commission on June 26, 1981. (31) Alternative compliance schedules for VOC sources, submitted on June 25, 1981, by the Alabama Air Pollution Control Commission. (32) Regulations providing for prevention of significant deterioration (additions to Chapter 16 of the Alabama regulations), submitted on January 29, 1981, by the Alabama Air Pollution Control Commission. (33) Alternative particulate control requirements for Kimberly-Clark Corporation's #3 bark boiler, Coosa Pines (revisions in Part 4.8 of the Alabama regulations), submitted by the Alabama Air Pollution Control Commission on February 4 and August 31, 1981. (34) Request for 18-month extension of the deadline for submitting a plan to attain and maintain the secondary ambient standard for particulate matter in the Etowah County nonattainment area, submitted on May 19, 1981, by the Alabama Air Pollution Control Commission. (35) Revision for Jackson County secondary sulfur dioxide nonattainment area, submitted on June 9, 1980, by the Alabama Air Pollution Control Commission. (36) Set II VOC regulations, submitted on February 12, 1982, by the Alabama Air Pollution Control Commission and on May 5, 1983, by the Alabama Department of Environmental Management. (37) Provisions for new source review in nonattainment areas (changes in Chapter 16 of the regulations), submitted on March 31, 1981, by the Alabama Air Pollution Control Commission. (38) Bubble for Union Camp Corporation's Prattville, Alabama kraft pulp mill, submitted on January 21, 1983, January 20, 1984, and March 9, 1984, by the Alabama Department of Environmental Management (ADEM). (i) Incorporation by reference. (A) Alabama Department of Environmental Management Resolution and Regulation 4.8.4, dealing with control of particulate emissions from wood waste boilers, was adopted on December 9, 1983. (B) Alabama Environmental Management Commission Resolution and Regulation 4.7.5, dealing with particulate emissions from kraft pulp mills, was adopted on March 7, 1984. (ii) Other material. (A) None. (39) Changes to air permit requirements, submitted on February 19, 1985, and on March 28, 1985, by the Alabama Department of Environmental Management (ADEM). (i) Incorporation by reference. (A) Amendment to ADEM Air Rules & Regulations Chapter 16.1, submitted on March 28, 1985, and State-adopted on March 13, 1985. Allows delegation of permitting authority to locals. (B) Amendment to ADEM Air Rules & Regulations Chapter 16.1, 16.2, 16.3, and 16.4, submitted on February 19, 1985, and State-adopted on February 13, 1985. Consolidates Permit to Construct, Operate and Temporary Permit, into one Air Permit. (ii) Additional information. (A) None. (40) Visibility new source review regulations as visibility monitoring strategy were submitted to EPA on November 20, 1985. (i) Incorporated by reference. (A) Letter of November 20, 1985, from the Alabama Department of Environmental Management, and the following regulation Changes to Paragraphs 16.3.2 and 16.4 to Address Visibility Requirements adopted by the Alabama Environmental Management Commission on November 13, 1985: 16.3.2(b)—(Permits to Construct in or Near Nonattainment Areas—Definitions) 16.3.2(f)—(Permits to Construct in or Near Nonattainment Areas—visibility protection provisions) 16.4.2—(Permits to Construct in Clean Air Areas—Definitions) 16.4.12—(Visibility Monitoring) 16.4.15—(Sources Impacting Federal Class I Areas—Additional Requirements) (ii) Additional material. (A) Narrative Visibility SIP which includes the State's visibility monitoring strategy. (41) State implementation plan revisions, submitted by the Department of Environmental Management on May 17, 1985. (i) Incorporation by reference. (A) Amendments to Alabama Department of Environmental Management's (ADEM) Air Rules and Regulations: addition of Paragraphs 4.3.5, 4.7.6, 4.7.7, 4.8.3(a), 4.8.3(b), 4.8.3(c), revision of Paragraph 4.8.3, adopted on October 10, 1984. (B) Resolution by the Alabama Environmental Management Commission adopting the proposed regulations into the ADEM's Air Rules and Regulations on October 10, 1984. (ii) Other material. (A) Dispersion modelling of area around Kimberly Clark Corporation's Talledega County facility. (42) State implementation plan for attainment and maintenance of the lead standards in all areas except Jefferson County, submitted on March 28, 1985, by the Alabama Department of Environmental Management. (i) Incorporation by reference. (A) Regulation for existing secondary lead smelters located in Pike County, Alabama (Regulation 4.15.6), which was adopted by the Alabama Department of Environmental Management on March 13, 1985. Under applicable law, EPA approval is required for discretionary actions of the Director of the Alabama Department of Environmental Management that may increase lead concentrations in the ambient air. (B) Letter of May 6, 1985 from Ababama Department of Environmental Management to EPA, and Regulation pertaining to secondary lead smelter exhaust stack gases (Regulation 4.15.3), which was adopted by the Alabama Air Pollution Control Commission on March 23, 1982. (ii) Other material. (A) Narrative SIP, titled, “State of Alabama's Plan for the Attainment of the National Ambient Air Quality Standard for Lead,” dated December 1984. (43) [Reserved] (44) Volatile Organic Compound regulation changes were submitted to EPA on September 23, 1985. (i) Incorporation by reference. (A) Letter of September 23, 1985 to EPA from Alabama Department of Environmental Management and changes to Chapter 6 of the Alabama Air Pollution Control Rules and Regulations (Control of Volatile Organic Compounds) which were adopted by the Alabama Environmental Management Commission on September 18, 1985, specifically, the revisions to 6.1.1(a), 6.1.2, and 6.1.3 and the addition of 6.1.4 and 6.1.5. (ii) Other material. None. (45) State implementation plan for attainment and maintenance of lead standards in Jefferson County, submitted on October 7, 1985, by the Alabama Department of Environmental Management, and on November 13, 1986, by the Jefferson County Health Department. (i) Incorporation by reference. (A) Jefferson County Department of Health Regulation 611, Secondary Lead Smelters (excluding paragraphs 6.11.2(a) and 6.11.2(b)) which was adopted on September 11, 1985. (B) November 13, 1986, letter to EPA from the Jefferson County Department of Health, and Appendix C of the Alabama Lead SIP for Jefferson County (Revised Schedule for the RACT-plus study) which was adopted on November 12, 1986. (ii) Other material. (A) Narrative SIP, entitled “State Implementation Plan for the Attainment of the National Ambient Air Quality Standard for Lead in Jefferson County” dated September 1984. (46) Stack height regulations were submitted to EPA on September 26, 1986, by the Alabama Department of Environmental Management. (i) Incorporation by reference. (A) Letter of September 26, 1986, from the Alabama Department of Environmental Management, transmitting stack height regulations. (B) Section 16.3.3, Stack Heights, of the Alabama air pollution control rules and regulations, which was adopted on September 18, 1986, by the Alabama Environmental Management Commission. (ii) Other material. None. (47) Revisions to Alabama's New Source Review regulations were submitted to EPA on April 17, 1987. (i) Incorporation by reference. (A) Letter of April 17, 1987, from the Alabama Department of Environmental Management. (B) Revisions to Alabama regulation 16.3.2, adopted by the Alabama Department of Environmental Management (ADEM) on April 15, 1987. (ii) Other material. None. (48) Revised State Implementation Plan for attainment and maintenance of lead standards in Jefferson County, submitted on August 5, 1988, by the Alabama Department of Environmental Management. (i) Incorporation by reference. (A) Air permits incorporating revised regulations for existing secondary lead smelters located in Jefferson County, Alabama (Regulation 6.11), adopted by the Jefferson County Board of Health on May 11, 1988. (B) [Reserved] (ii) Other material. (A) Narrative SIP, entitled “State Implementation Plan for the Attainment of the National Ambient Air Quality Standard for Lead in Jefferson County,” dated February 19, 1988. (B) [Reserved] (49) SO2 revisions for Secondary Lead Smelters, submitted by the Alabama Department of Environmental Management on June 30, 1989. (i) Incorporation by reference. (A) The following revisions to Chapter 6 of Jefferson County Board of Health Air Pollution Control Rules and Regulations, which became effective June 14, 1989. (1) 6.11.2(o) (B) The following revisions to chapter 7 of Jefferson County Board of Health Air Pollution Control Rules and Regulations which became effective June 14, 1989 as follows: (1) 7.5.3 (3) 7.5.5 (2) 7.5.4 (4) 7.5.6 (ii) Additional material. (A) Letter of June 30, 1989, submitted by the Alabama Department of Environmental Management. (B) Modeling analysis for Interstate Lead Corporation which was submitted by Jefferson County, Alabama on April 5, 1989. (50) Changes in Alabama's Regulations which were submitted to EPA on May 29, 1987, by the Alabama Department of Health and Environmental Management. (i) Incorporation by reference. (A) Changes in Alabama's Regulation which were adopted on May 20, 1987: (1) Chapter 5, Control of Sulfur Compound Emissions: Section 5.1.1(d) & (e) and Sections 5.3.4 (Applicability), 5.3.4 (a) & (b), 5.3.5 (a) & (b), 5.3.6, 5.3.7, 5.3.8, & 5.3.9. (ii) Other material. (A) Modeling analysis for Exxon Company's Big Escambia Creek Treating Facility and Tennessee Valley Authority's Colbert Steam Plant. (51) The recodified Air Division Administrative Code Rules of the Alabama Department of Environmental Management submitted on October 31, 1989 as revisions to Alabama's State Implementation Plan. These rules became effective on June 22, 1989. (i) Incorporation by reference. (A) Alabama Department of Environmental Management Administrative Code Rules 335–3 and appendices A–F, revision effective June 22, 1989, except for the following rules: 335–3–1–.02(1)—Definitions: (b), (c), (j), (pp), (xx), (yy), (bbb), (ccc), (nnn), (sss), and (yyy). 335–3–2–.02—Episode Criteria: (4)(b); (4)(c), (d) and (e); and (5)(b), (c), (d), and (e); (6)(b), (c), (d), and (e). 335–3–4—Control of Particulate Emissions; .01(1)(a), (b), and (d)(1), (2), (3), (4), and (5); .01(2); and .04(1)(a) 335–3–5–.03—Petroleum Production: (4) 335–3–14—Permits: .03(1)(g)(1) (ii) Other material. None. (52) Provisions for PM10 submitted on June 29, 1988, and October 3, 1989, by the Alabama Department of Environmental Management. (i) Incorporation by reference. (A) The following revisions submitted on June 29, 1988, to Chapters 1, 2 and 16 were effective June 16, 1988. These Chapters were recodified as Chapters 335–3–1, 335–3–2 and 335–3–14, respectively, effective June 22, 1989. (1) Definitions—1.2.1 recodified 335–3–1–.02(1) bbb, eee, nnn, and yyy. (2) Air Pollution Emergency—Chapter 2 recodified as 335–3–2. (3) Permits—Chapter 16 recodified as 335–3–14, except .03(1)(g)(1). (B) The following revisions submitted on October 3, 1989, to Chapters 35–3–1 and 335–3–14 were effective September 21, 1989. (1) Definitions—335–1–.02 (1) (yy) and (ccc). (2) Permits—335–3–14. (i) 335–3–14–.03(1)(g)(1). (53) October 8, 1988, and March 15, 1989, revisions to Jefferson County's Implementation Plan for PM10 were submitted by the Alabama Department of Environmental Management. The submittal included a committal SIP. (i) Incorporation by reference. (A) The following revisions submitted on March 15, 1989, to chapters 1, 2, and 4 of Jefferson County Implementation Plan for PM10 were effective February 8, 1989. Chapter I—Chapter I General Provisions: 1.3 (Definitions): Soiling Index, PM10, Particulate Matter, PM10 emission, Total Suspended Particulate, Citation, Control Device, Employee, Six Minute Average, Violator. Chapter 2—Permits: 2.3.1(g)(1), (2), and (3); 2.3.2.(b)(11) and 20; 2.3.4 (a)(5); 2.3.2 (2); 2.4.2.(w) (1) and (2); 2.4.3; 2.4.8(h), 2.4.8(k) and (l); 2.4.12(a)(7) and 8; 2.4.15(e); and 2.4.19(a). Chapter 4—Air Pollution Emergency: 4.3.4(b), (c), (d), and (e); 4.3.5(b), (c), (d), and (e); and 4.3.6(b), (c), (d), and (e). (ii) Other material. (A) March 15, 1989, letter from the Alabama Department of Environmental Management. (54)–(55) [Reserved] (56) Revisions to the VOC portion of the Alabama SIP were submitted on April 20, 1987, November 7, 1990, May 22, 1991, and October 4, 1991, and July 5, 1991, by the State of Alabama. These revisions were adopted on April 15, 1987; October 10, 1990; November 14, 1990, and May 8, 1991; September 18, 1991, respectively by the Jefferson County Board of Health. (i) Incorporation by reference. (A) Jefferson County Department of Health Air Pollution Control Program Rules and Regulations, Chapter 8 (Control of VOC Emissions) and Chapter 1 (Definitions) effective April 8, 1987. (1) Chapter 1—General Provisions: Section 1.3. (2) Chapter 8—Control of Volatile Organic Compound (VOC) Emissions, except for 8.16.13. (ii) Other material. None. (57) Revisions to Chapters 335–3–1 and 335–3–6 of the Alabama Department of Environmental Management Administrative Code which were submitted on October 19, 1989, and on July 5, 1991, and adopted into the Alabama Department of Environmental Management Administrative Code on August 16, 1989 and June 26, 1991. (i) Incorporation by reference. (A) Amendments to the Alabama regulations 335–3–1–.02, 335–3–6–.02(1); 335–3–6–.03(1); 335–3–6–.24(1); 335–3–6–.26; 335–3–6–.27; 335–3–6–.28; 335–3–6–.29; 335–3–6–.30; 335–3–6–.31; 335–3–6–.32; 335–3–6–.33; 335–3–6–.34; 335–3–6–.35; 335–3–6–.36; 335–3–6–.37 with the exception of Subsection 335–3–6–.37(10)(a); 335–3–6–.38; 335–3–6–.39; 335–3–6–40; 335–3–6–.41; 335–3–6–.42; 335–3–6–43; 335–3–6–44; 335–3–6–45; 335–3–6–.46; 335–3–6–.47; 335–3–6–.49; 335–3–6–.51; 335–3–6–.53 effective July 31, 1991. (ii) Other material. None. (58) Revisions to include NO2 increment requirements in Chapter 2 of the SIP and the PSD regulations, Chapter 335–3–14 of the Alabama Department of Environmental Management Administrative Code which was submitted on October 22, 1990. (i) Incorporation by reference. (A) Revisions to 335–3–14–.04, “Air Permits Authorizing Construction in Clean Air Areas,” of the Alabama Department of Enironmental Management Administrative Code, which became effective November 1, 1990. (ii) Other material. (A) Letter dated October 22, 1990, from the Alabama Department of Environmental Management. (B) Letter dated April 30, 1991, from the Alabama Department of Environmental Management regarding minimum program elements. (59) [Reserved] (60) Provisions for visible emissions were submitted by the Alabama Department of Environmental Management on June 11, 1979. (i) Incorporation by reference. (A) 335–3–4.01 Visible Emissions, adopted May 17, 1989. (ii) Other material. (A) None. (61) Revisions to the Alabama SIP to correct errors and to add offset ratios which were submitted on November 10, 1992. (i) Incorporation by reference. (A) Amendments to the following sections of the Alabama regulations—335–3–6–.04(4), 335–3–14–.03(2)(b)15, 335–3–14–.03(2)(b)17, 335–3–14–.03(2)(b)18, 335–3–14–.03(2)(b)20, 335–3–14–.03(2)(c)2, 335–3–14–.03(2)(e), 335–3–14–.03(2)(g)1(i), 335–3–14–.03(2)(g)1(ii), and Appendix D—were adopted by the State on October 23, 1992. (ii) Other material. (A) Letter of November 10, 1992, from the Alabama Department of Environmental Management. (62) The Alabama Department of Environmental Management has submitted revisions to chapter 11 of the Alabama Statute on November 13, 1992. These revision address the requirements of section 507 of Title V of the CAA and establish the Small Business Stationary Source Technical and Environmental Assistance Program (PROGRAM). (i) Incorporation by reference. (A) Alabama statute 11.1, effective November 13, 1993. (ii) Additional information. None. (63) Provisions for coke ovens were submitted by the Alabama Department of Environmental Management on September 25, 1985. (i) Incorporation by reference. (A) Alabama Department of Environmental Management Administrative Code, Chapter 335–3–4–.17, Steel Mills Located in Etowah County, adopted September 18, 1985. (ii) Other material. (A) None. (64) Revisions to provide synthetic minor operating permit rules submitted by the Alabama Department of Environmental Management on December 20, 1993. (i) Incorporation by reference. (A) Alabama Department of Environmental Management Air Division Administrative Code, Chapter 335–3–4–.10, –11, –14, –15, and Appendix D, adopted November 23, 1993. (ii) Other material. None. (65) Revisions to the State of Alabama State Implementation Plan (SIP) concerning emission statements were submitted on November 13, 1992, by the Alabama Department of Environmental Management. (i) Incorporation by reference. The Addition of Section 11.2 of the Alabama Regulations was effective on November 13, 1992. (ii) Other material. Letter dated November 13, 1992, from the Alabama Department of Environmental Management. (66) The Alabama Department of Environmental Management has submitted revisions to Alabama SIP on September 28, 1993. These revisions address the requirements necessary to change the Leeds area of Jefferson County, Alabama, from nonattainment to attainment for lead. The submittal includes the maintenance plan for the Leeds Area. (i) Incorporation by reference. (A) Plan for Maintenance of the NAAQS for Lead in the Jefferson County (Leeds) Area after Redesignation to Attainment Status effective on September 28, 1993. (ii) Additional information. None. (67) [Reserved] (68) The State of Alabama submitted a SIP submittal to revise the ADEM Administrative Code for the Air Pollution Control Program on August 14, 1995. These revisions involve changes to Chapter 335–3–14—Air Permits. (i) Incorporation by reference. (1) Amendments to the following sections of the Alabama regulations—335–3–14–.04, and 335–3–14–.05 which were adopted on March 21, 1995. (ii) Other material. None. (69) The State of Alabama submitted revisions to the ADEM Administrative Code for the Air Pollution Control Program on October 30, 1995, and December 14, 1995. These revisions involve changes to Chapter 335–3–1—General Provisions. (i) Incorporation by reference. Section 335–3–1–.02 (gggg) of the Alabama regulations adopted on November 28, 1995. (ii) Other material. None. (70) The State of Alabama submitted revisions to the ADEM Administrative Code for the Air Pollution Control Program on October 30, 1996. These revisions involve changes to Chapters 335–3–1, –2, –3, –4, –5, –6, –8, –9, –12, –13, –14, Appendices C, E, and F. (i) Incorporation by reference. Chapters 335–3–1–.02(gggg)(23–25); 335–3–1–.04(1–2); 335–3–1–.06(3); 335–3–1–.08; 335–3–1–.09(11); 335–3–1–.11; 335–3–2–.02(c); 335–3–2–.08(3); 335–3–3–.01(8); 335–3–4–.01(1)(a–b), (3); 335–3–4–.04(5); 335–3–4–.07(6–7); 335–3–4–.08(2), (3), (3)(b), (4)(b); 335–3–4–.09(1)(4a–b), (4)(c); 335–3–4–.11(2); 335–3–4–.14(2)(a)2, (2)(b)3; 335–3–4–.15(5–6), (6)(e), (6)(g)1; 335–3–4–.17(4), (7–9); 335–3–5–.01(2), (2)(b), (4); 335–3–5–.02(1–3); 335–3–5–.03(4), (4)(b), (5)(b), (8); 335–3–5–.04(10)(d), (12)(b); 335–3–6–.01(3–6); 335–3–6–.04(4); 335–3–6–.05(3), (4), (5)(a), (5)(f), (6), (7); 335–3–6–.06(3)(a), (3)(a)3, (4–5); 335–3–6–.07(1), (2)(d), (3), (4), (4)(c), (5)(a), (5)(c), (7); 335–3–6–.11(1)(a), (1)(b–c), (2)(a), (2)(b–c), (3), (3)(b–c), (4)(a), (4)(b–d), (5)(a), (5)(b–c), (6)(a), (6)(b–c), (7)(a), (7)(b–c), (8)(a–c), (9)(a)3, (9)(b), (10)(a), (10)(b), (10)(c–d), (11)(a), (11)(b), (11)(c), (11)(d–e); 335–3–6–.12(4), (5), (6), (6)(b)3; 335–3–6–.13(2)(a); 335–3–6–.15(1)(a), (1)(b), (2)(a), (2)(c), (3)(a), (3)(b), (4)(a), (4)(c–d), (5); 335–3–6–.16(1)(e)1, (1)(e)2I, (2)(g)1, 335–3–6–.49(1), (5)(a); 335–3–6–.50(1); 335–3–6–.53(13); 335–3–8–.02(1); 335–3–9–.01(3); 335–3–12–.02(2); 335–3–13–.02(3); 335–3–13.03(3); 335–3–13–.04(3); 335–3–13–.05(3); 335–3–13–.06(3); 335–3–14–.01(1)(b–c), (1)(e), (1)(g), (1)(k), (1)(k)1–5, (6)(a), (6)(b), (6)(b)1, (6)(b)3, (6)(c), (7)(a)2, (7)(c–d); 335–3–14–.02(1)(a), (4)(b–c), (4)(e)1, (4)(e)4, (5)(a–c); 335–3–14–.03(1)(g)1–3, (1)(h)2(V), (2)(a), (2)(a)4(V), (2)(a)6(i–ii), (2)(a)7, (2)(a)7(i–ii), (2)(a)7(I), (2)(a)(7)(II)(iii), (2)(b–c), (2)(f–g); 335–3–14–.04(2), (2)(a)1(i–iii), (2)(b)1, (2)(c)2(i), (2)(c)4, (2)(c)6(i–ii), (2)(f), (2)(i), (2)(i)1, (2)(m)1, (2)(m)1(i), (2)(n)2, (2)(u)1, (2)(u)4, (2)(w)3, (6)5(b), (8)(a–d), (8)(e–f), (8)(g–h), (8)(h)3, (8)(k), (8)(l), (11)(a), (12)(a)(6–8), (12)(c), (13)(a), (15)(c), (15)(f–h), (17)(c), (18)(a), (18)(b)2–3, (18)(c), (18)(d), (19)(a), (19)(c); 335–3–14–.05(2)(c)1(ii), (2)(l), (3), (3)(c), (4)(c), (4)(c)2, (4)(d), (5–6), (6)(c), (7)(a), (9)(c)2, (9)(d), (11), (12)(a), (13)(b)7; 335–3–15–.01(b), (d–f), (h); 335–3–15–.02(3–4), (7)(c), (8)(f), (8)(h)2, (8)(h)4(i), (8)(h)4(iv), (9)(a)4(iv)1–3, (9)(a)4(iv)(V), (9)(a)6(i–ii), (9)(a)7, (9)(a)7(i–ii), (9)(a)7(ii)(I), (9)(a)7(iii), (9)(b–c), (9)(f–g); 335–3–15–.04(1)(a–d), (1)(e), (1)(g–h), (2)(a)(3)(c), (4)(a–b); and 335–3–15–.05(a) were adopted on October 15, 1996. (ii) Other material. None. (71) The State of Alabama submitted revisions to the ADEM Administrative Code for the Air Pollution Control Program on October 30, 1996. These revisions involve changes to Chapters 335–3–1, 335–3–3 and 335–3–6. (i) Incorporation by reference. Chapters 335–3–1–.02(gggg)(24–27), 335–3–3–.01(9) and 335–3–6–.16 except for (5) were adopted on August 19, 1997. (ii) Other material. None. (72) The State of Alabama submitted revisions to the ADEM Administrative Code for the Air Pollution Control Program on March 5, 1998. These revisions involve changes to Chapters 335–3–1, 335–3–12, 335–3–14 and Appendix F. (i) Incorporation by reference. Rules 335–3–1–.02(gggg), 335–3–12–.02(1)(b), 335–3–14–.01(7)(c), 335–3–14–.05(2)(c)2, 335–3–14–.05(3)(c), and Appendix F were adopted on February 17, 1998. (ii) Other material. None. [37 FR 10846, May 31, 1972. Redesignated at 63 FR 70672, Dec. 22, 1998] Editorial Note: For Federal Register citations affecting §52.69, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart C—Alaska top § 52.70 Identification of plan. top (a) Title of plan: “State of Alaska Air Quality Control Plan.” (b) The plan was officially submitted on April 25, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Modifications to the implementation plan including a revision to Title 18, Chapter 50, section 160 and other nonregulatory provisions submitted on June 22, 1972, by the Governor. (2) Compliance schedules submitted on August 2, 1973, by the State of Alaska Department of Environmental Conservation. (3) Compliance schedules submitted on August 23, 1973, by the State of Alaska Department of Environmental Conservation. (4) Compliance schedules submitted on September 30, 1975, by the State of Alaska Department of Environmental Conservation. (5) Compliance schedules submitted on January 6, 1976, by the State of Alaska Department of Environmental Conservation. (6) Compliance schedules submitted on September 30, 1975, by the State of Alaska Department of Environmental Conservation. (7) Part D attainment plans for the Anchorage and Fairbanks carbon monoxide nonattainment areas submitted by the Governor of Alaska on January 18, 1980 as follows: Volume II. Analysis of Problems, Control Actions Section III. Areawide Pollutant Control Efforts, Subsection A. Carbon Monoxide, except subparts 1.c (Other areas) and 5.h (Fairbanks Emergency Avoidance Plan) Volume III. Appendices III–1 A Review of Carbon Monoxide Emissions from Motor Vehicles during Cold Temperature Operation III–2 Cold Weather Related Strategy Support Development III–3 Preliminary Assessment of Meteorological Conditions during Days of Ambient Air Quality Violations in Anchorage III–4 Summary of the 1978 Fairbanks Voluntary Vehicle Emissions Inspection Program III–5 Approach of Evaluating an Alaska I/M Program III–6 Appendices to the Anchorage Air Quality Plan III–7 Appendices to the Fairbanks Air Quality Plan (8) On January 18, 1980, the State of Alaska Department of Environmental Conservation submitted a plan revision to meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart C, §58.20, as follows: Volume II. Analysis of Problems, Control Actions Section V. Ambient Air Monitoring A. Purpose C. Air Monitoring Network E. Annual Review (9) Provisions of a State Air Quality Control Plan submitted by the Governor of Alaska on January 18, 1980, as follows: Volume II. Analysis of Problems, Control Actions Section I. Introduction A. Summary B. Air Quality Control Regions C. Attainment/Nonattainment Designations Section II. Alaskan Air Quality Control Programs A. State Program B. Local Programs C. Resource Needs Section III. Areawide Pollutant Control Efforts A. Carbon Monoxide, Subpart 1.c (Other areas) B. Total Suspended Particulate Matter C. Ice Fog D. Open Burning—Forest Practices Section IV. Point Source Control Efforts A. Summary B. Description of Source Categories and Pollutants C. Summary of Major Emitting Sources D. History of Alaskan Point Source Program F. Local Program Enforcement G. New Source Review and Approval H. Compliance Assurance I. State Air Quality Control Regulations Section V. Ambient Air Monitoring B. Description of Previous Air Monitoring Network Volume III. Appendices I–1 Summary of Public Hearings, Written Testimony, etc. I–2 Recommendations for attainment/Nonattainment designations II–1 Alaska Statutes, except section 46.03.170 II–2 Regulations of the Fairbanks North Star Borough, except section 8.04.070 II–3 Fairbanks North Star Borough/Alaska Department of Environmental Conservation Agreement II–4 Municipality of Anchorage/Alaska Department of Environmental Conservation Agreement II–5 Alaska State Department of Law Legal Opinion IV–1 Summaries of Emission Inventories IV–2 D. Permit to Operate for the Fairbanks Municipal Utilities System IV–3 Testing Procedures V–1 Air Quality Data An amended Appendix II–5, “Alaska State Department of Law Legal Opinion” submitted by the State of Alaska Department of Environmental Conservation on February 29, 1980. Amendments to the January 18, 1980 submittal, submitted by the State of Alaska Department of Environmental Conservation on September 29, 1982 as follows: Volume II. Analysis of Problems, Control Actions Section I. Introduction C. Attainment/Nonattainment Designations Section III. Areawide Pollutant Control Efforts D. Open Burning—Forest Practices Section IV. Point Source Control Efforts C. Summary of Major Emitting Sources D. History of Alaskan Point Source Program F. Local Program Enforcement G. New Source Review and Approval H. Compliance Assurance I. State Air Quality Control Regulations Section V. Ambient Air Monitoring C. Air Monitoring Network E. Annual Review Volume III. Appendices IV–4 ADEC Ambient Analysis Procedures (10) On November 15, 1983 the State of Alaska Department of Environmental Conservation submitted a revision to add a lead strategy to the Alaska Implementation Plan. (11) Provisions of a State Air Quality Control Plan submitted by the Alaska Department of Environmental Conservation on November 15, 1983, as follows: Volume II. Analysis of Problems, Control Actions Section I. Background A. Introduction B. Air Quality Control Regions C. Attainment/Nonattainment Designations D. Prevention of Significant Deterioration Designations Section II. State Air Quality Control Program Section III. Areawide Pollutant Control Program D. Total Suspended Particulate Matter E. Ice Fog F. Open Burning G. Wood Smoke Pollution Control Section IV. Point Source Control Program A. Summary 1. Annual Review Report B. State Air Quality Regulations C. Local Programs D. Description of Source Categories and Pollutants 1. Typical Point Sources 2. Summary of Major Emitting Facilities E. Point Source Control 1. Introduction F. Facility Review Procedures 1. Who needs a permit? 2. Standard Application Procedures 3. PSD Application Procedures, Preliminary report and meeting, Pre-construction monitoring, PSD application format 4. Nonattainment Application Procedures G. Application Review and Permit Development 1. Application Review 2. Permit Development Requirement, Monitoring and Testing Requirements, Ambient Monitoring, Continuous Emissions Monitoring, Source Testing 3. Prevention of Significant Deterioration Review, Basis of Program, PSD Regulations, PSD Analysis Procedure 4. Nonattainment Area Review 5. New Source Performance Standards Source Review 6. Visibility Review 7. Sources under EPA Review H. Permit Issuance Requirements Section V. Ambient Air Monitoring A. Purpose B. Completed Air Monitoring Projects 1. Carbon Monoxide 2. Nitrogen Oxides 3. Sulfur Dioxide 4. Ozone 5. Total Suspended Particulates (TSP) 6. Lead C. Air Monitoring Network 1. Network Description 2. Station Designations 3. Air Quality Monitoring Procedures 4. Ambient Sampling for Specific Pollutants E. Annual Review Volume III. Appendices Section II. State Air Quality Control Program II.A. State Air Statutes, except section 46.03.170, State Attorney General Opinions on Legal Authority II.B. Municipality of Anchorage/Cook Inlet/ADEC Agreements II.C. Fairbanks North Star Borough Ordinances/FNSB & ADEC Agreements Section III. Areawide Pollutant Control Program III.G. Ordinance of the City and Borough of Juneau Section IV. Point Source Control Program IV.1. PSD Area Classification and Reclassifications A. Class I Area Boundaries B. Areas Protected from Visibility Degradation C. Reclassification 1. Limitations on PSD Reclassification 2. PSD Reclassification Procedures IV.2. Compliance Assurance IV.3. Testing Procedures Section V. Ambient Air Monitoring ADEC Ambient Analysis Procedures Title 18. Environmental Conservation, Chapter 50. Air Quality Control, Sections 021(d), 030(g), 040(a)(2), 040(c), 050(a)(2), 050(b)(4), 085, 300(a)(1), 300(a)(7), 400(d)(6), 500(d), 500(e), 510 (Editor's Note), 520(a), 520(b), 610(a), 620, 900(15), 900(39), 900(47), and 900(48). (12) On September 29, 1982, the Commissioner of the Alaska Department of Environmental Conservation submitted a carbon monoxide attainment plan for the cities of Anchorage (section III.B) and Fairbanks (section III.C) as a revision to the Alaska State Implementation Plan. On November 15, 1983, a revision to this plan was submitted for the city of Anchorage. Supplement to the Anchorage and Fairbanks plans revisions to section III.A (Areawide Pollutant Control Program, Statewide Transportation Control Program) and a new State Regulation 18 AAC Chapter 52 (Emissions Inspection and Maintenance Requirements for Motor Vehicles) were submitted on May 31, 1985. (i) Incorporation by reference. (A) May 31, 1985 letter from the State of Alaska to EPA, and State Regulation 18 AAC 52 (Emissions Inspection and Maintenance Requirements for Motor Vehicles) as filed by the Commissioner for the State of Alaska on May 19, 1985. (B) Page section III.B.8–3 of the Anchorage Transportation Control Program, Alaska Air Quality Control Plan, revised June 1, 1985 (emissions and air quality projections for Anchorage with vehicle inspection and maintenance program). (C) Table C.6.a of the Fairbanks Transportation Control Program, Alaska Air Quality Control Plan [reasonable further progress required reductions for Fairbanks] (page section III.C.6–2) revised November 20, 1982. (ii) Other material. (A) Section III.A Statewide Transportation Control Program. (B) Section III.B Anchorage Transportation Control Program. (C) Section III.C Fairbanks Transportation Control Program. (D) The I/M Program Design for the Fairbanks North Star Borough dated October 25, 1984. (E) The I/M Program Design for the Municipality of Anchorage dated 1984. (13) On June 26, 1987, the State of Alaska Department of Environmental Conservation submitted Section III.B.10–1 through III.B.10–6 (Anchorage Air Pollution Episode Curtailment Actions); Section III.C.10–1 through III.C.10–9 (Fairbanks Emergency Episode Prevention Plan); and minor modifications to Section III.C.5–7 (Fairbanks Inspection and Maintenance Program Design). (i) Incorporation by reference. (A) June 26, 1987 letter from the State of Alaska Department of Environmental Conservation to EPA Region 10. (B) Section III.B.10–1 through III.B.10–6 of Volume II (Anchorage Air Pollution Episode Curtailment Actions) as adopted as an ordinance by the Anchorage Assembly on September 9, 1986. (C) Section III.C.10–1 through III.C.10–9 of Volume II (Fairbanks Emergency Episode Prevention Plan) as adopted as an ordinance by the Assembly of the Fairbanks North Star Borough on December 19, 1985. (D) Page number Section III.C.5–7 of Volume II (Fairbanks Inspection and Maintenance Design). This new page supercedes the current page number Section III.C.5–7 of the Alaska Air Quality Control Plan as adopted by the Alaska Department of Environmental Conservation on June 26, 1987. (14) On June 26, 1987, the Commissioner of the Alaska Department of Environmental Conservation submitted revised rules regulating the height of stacks and the use of dispersion techniques, specifically revisions to 18 AAC 50.400(a), 18 AAC 50.530(c), 18 AAC 50.900(16), 18 AAC 50.900(20), 18 AAC 50.900(23), and 18 AAC 50.900.(29), and the deletion of 18 AAC 50.900(17). (i) Incorporation by reference. (A) June 26, 1987 letter from the State of Alaska Department of Environmental Conservation to EPA, Region 10. (B) August 11, 1987 letter from the State of Alaska Department of Environmental Conservation to EPA, Region 10. (C) 18 AAC 50.400(a) and 18 AAC 50.900 (16), (20), (23), and (29) as adopted by the State of Alaska Department of Environmental Conservation on December 31, 1986. (15) On September 12, 1988, the State of Alaska Department of Environmental Conservation submitted revisions to AAC 18 Chapter 52 (Emission Inspection and Maintenance Requirements for Motor Vehicles). Those sections amended through June 2, 1988, are: 18 AAC 51.010 [Purpose and General Requirements] (a)(3), (b), (d), (e), and (g); 18 AAC 52.020 [Vehicles Subject to this Chapter] (1); 18 AAC 52.070 [Waivers] (5)(A) through (C); and 18 AAC 52.900 [Definitions] (14). (i) Incorporation by reference. (A) September 12, 1988 letter from the State of Alaska Department of Environmental Conservation to EPA Region 10. (B) Chapter 52 [Emissions Inspection and Maintenance Requirements for Motor Vehicles] section 52.010 [Purpose and General Requirements (a)(3), (b), (d), (e), and (g); section 52.020 [Vehicles Subject to This Chapter] (1); section 52.070 [Waivers] (5)(A) through (C); and section 52.900 [Definitions] (14) as adopted by the State of Alaska Department of Environmental Conservation on March 10, 1988. (16) On September 12, 1988, the State of Alaska Department of Environmental Conservation submitted revisions to the State of Alaska state implementation plan. Specifically pages IV.F.1–1 through IV.F.1–8 of section IV.F “Project Review Procedures” and amendments to title 18, chapter 50, sections 050(a)(4), 050(b), 050(d)(1), 300(a)(5)(C), 300(a)(6)(C), 300(a)(7), 300(c), 300(g), 500(d), 510(a), 520(a), 520(b), and 620 of the Alaska Administrative Code. (i) Incorporation by reference. (A) September 12, 1988, letter from the State of Alaska Department of Environmental Conservation to EPA Region 10 submitting a revision to the Alaska state implementation plan. (B) Vol. II, Analysis of Problems, Control Actions, Pages IV.F.1–1 through IV.F.1–8 of section IV.F, “Project Review Procedures,” revised June 2, 1988. (C) Title 18, chapter 50, (Air Quality Control) section 050 (Industrial Processes and Fuel Burning Equipment) (a)(4), 050(b), 050(d)(1), 300 (Permit to Operate) (a)(5)(C), 300(a)(6)(C), 300(a)(7), 300(c), 300(g), 500 (Source Testing) (d), 510 (Ambient Analysis Methods) (a), 520 (Emission and Ambient Monitoring) 520(a), 520(b), and 620 (Air Quality Control Plan) of the Alaska Administrative Code as adopted by the State of Alaska Department of Environmental Conservation on March 10, 1988 and effective on June 2, 1988. (17) On October 17, 1991, the State of Alaska Department of Environmental Conservation submitted a PM10 nonattainment area state implementation plan for Eagle River, Alaska. (i) Incorporation by reference. (A) October 15, 1991 letter from Alaska Department of Environmental Conservation to EPA Region 10 submitting the PM10 nonattainment area state implementation plan for Eagle River, Alaska. (B) The PM10 nonattainment area state implementation plan for Eagle River, Alaska, as adopted by the Anchorage Assembly on February 6, 1990 and effective on September 24, 1991. (18) On June 22, 1993, the Governor of the State of Alaska submitted revised rules to satisfy certain Federal Clean Air Act requirements for an approvable moderate PM10 nonattainment area SIP for Mendenhall Valley, Alaska. Also included in this SIP were PM10 contingency measures for the Mendenhall Valley. On January 21, 1992, a supplement to the existing Eagle River PM10 control plan was submitted by ADEC to EPA and certified on March 8, 1993, by the Lieutenant Governor of Alaska. (i) Incorporation by reference. (A) June 22, 1993, letter from the Governor of the State of Alaska to EPA, Region 10, submitting the moderate PM10 nonattainment area SIP for Mendenhall Valley, Alaska. (B) The Control Plan for Mendenhall Valley of Juneau, effective July 8, 1993. (C) August 25, 1993, letter from ADEC showing, through enclosures, the permanent filing record for the supplement to the existing Eagle River PM10 control plan. The Lieutenant Governor certified the supplement on March 8, 1993. (D) The January 21, 1992, supplement to the existing Eagle River PM10 control plan, effective April 7, 1993. Also included is an August 27, 1991 Municipality of Anchorage memorandum listing the 1991 capital improvement project priorities and an October 11, 1991, Municipality of Anchorage memorandum summarizing the supplement to the existing PM10 control plan. (19) The Environmental Protection Agency (EPA) takes action on and/or approves regulations from three submittals received from the ADEC on July 17, 1990, October 15, 1991 and on March 24, 1994, which pertain to correcting SIP deficiencies in the CFR; amendments to regulations dealing with Air Quality Control, 18 AAC 50, for inclusion into Alaska's SIP; and additional amendments to 18 AAC 50, Air Quality Control, for inclusion into Alaska's SIP to assure compliance with new source review permitting requirements for sources located in nonattainment areas for either carbon monoxide or particulate matter. (i) Incorporation by reference. (A) July 17, 1990 letter from ADEC to EPA requesting correction for findings of SIP deficiency in 40 CFR Part 52, and including the version of Alaska Statutes, “Title 46. Water, Air, Energy, and Environmental Conservation,” in effect at the time of the July 17, 1990 letter, of which Sections 46.03.020, 46.03.030, 46.03.032, and 46.03.715, amended in 1987, were the most recently amended of the enclosed statutes. (B) October 15, 1991 letter from ADEC to EPA, and including amendments to regulations and the State Air Quality Control Plan to assure compliance with national ambient air quality standards for particulate matter; the Order Amending Regulations of the Department of Environmental Conservation, effective July 21, 1991; and the following Alaska Administrative Code, 18 AAC 50, Air Quality Control Regulations: (50.020; 50.085; 50.100; 50.300; 50.400; 50.510, 50.520, 50.610, and 50.900), effective July 21, 1991, Register 119. (C) March 24, 1994 letter from Walter J. Hickel, Governor of Alaska, to Chuck Clarke, Regional Administrator of EPA, and including amendments to 18 AAC 50, State Air Quality Control Plan; the Order Adopting and Amending Regulations of the Department of Environmental Conservation, effective April 23, 1994, Register 130; and the amendments to 18 AAC 50 (50.021, 50.300(a)(7) and (a)(8), 50.300 (d), (e), and (g), 50.400(a)(1)(A), 50.400(c)(3)(B)(ii), 50.400(c)(4), 50.400(d)(4), and 50.620), State Air Quality Control Plan, found in Volume III: Appendices, Modifications to Section III.A, effective April 23, 1994, Register 130. (20) On April 18, 1994, the Commissioner of the Alaska Department of Environmental Conservation (ADEC) submitted “The Alaska Air Quality Small Business Assistance Program State Air Quality Control Plan Amendment,” adopted April 8, 1994, as a revision to the Alaska SIP. (i) Incorporation by reference. (A) Letter dated April 8, 1994, from the Commissioner of ADEC to the Regional Administrator of EPA, submitting “The Alaska Air Quality Small Business Assistance Program State Air Quality Control Plan Amendment” to EPA; the Alaska Air Quality Small Business Assistance Program State Air Quality Control Plan Amendment (which includes Appendix A the Alaska Statutes Title 46, Chapter 14, Article 3), dated April 1994, and adopted April 8, 1994. (ii) Additional information. (A) Letter dated July 24, 1995, from Alaska Department of Environmental Conservation, submitting information necessary for approval of the SBAP revision to EPA; the July 1995 SBAP Update, Responses to EPA Comments, and the Air Quality/Small Business Assistance Compliance Advisory Panel Board Information. (21) On July 11, 1994 ADEC submitted a SIP revision for a basic motor vehicle inspection and maintenance (I/M) program in the Municipality of Anchorage (MOA) and the Fairbanks North Star Borough (FNSB). (i) Incorporation by reference. (A) July 11, 1994 letter from the Governor of Alaska to the Regional Administrator of EPA submitting Alaska's amendments to the Air Quality Control Plan and to 18 AAC 52, Emissions Inspection and Maintenance Requirements for Motor Vehicles; the amendments to 18 AAC 52 (52.005, .015, .020, .030, .035, .040, .045, .050, .055, .060, .065, .070, .075, .080, .085, .090, .095, .100, .105, .400, .405, .410, .415, .420, .425, .430, .440, .445, .500, .505, .510, .515, .520, .525, .527, .530, .535, .540, .545, .550, and .990), effective February 1, 1994; and the State Air Quality Control Plan, Vol. II: Analysis of Problems, Control Actions, Modifications to Section I, June 9, 1994; Vol. II: Analysis of Problems, Control Actions, Modifications to Section I, II, III and V, adopted January 10, 1994; Vol. III: Appendices, Modifications to Section III.A, June 9, 1994; Vol. III: Appendices, Modifications to Section III.B, June 9, 1994; and Vol. III: Appendices, Modifications to Section III.C, June 9, 1994. (22) On March 24, 1994, ADEC submitted a revision to its SIP for the State of Alaska addressing the attainment and maintenance of the National Ambient Air Quality Standards for carbon monoxide in the Anchorage carbon monoxide nonattainment area. (i) Incorporation by reference. (A) March 24, 1994 letter from Alaska Governor Walter Hickel to EPA Regional Administrator Chuck Clarke including as a revision to the SIP the State of Alaska, Department of Environmental Conservation, 18 AAC 53, “Fuel Requirements for Motor Vehicles,” (Article 1, 18 AAC 53.005—18 AAC 53.190 and Article 9, 18 AAC 53.990) with amendments adopted through March 19, 1994. (23) On March 24, 1994, ADEC submitted a SIP revision to EPA to satisfy the requirements of sections 187(a)(2)(A) and 187(a)(3) of the CAA, forecasting and tracking VMT in the Anchorage area. (i) Incorporation by reference. (A) March 24, 1994 letter from the Alaska Governor to the EPA Regional Administrator including as a revision to the SIP the VMT requirement in the Anchorage area, contained in ADEC's State Air Quality Control Plan, Volume III: Appendices, Modifications to Section III.B.6, III.B.8, III.B.10 and III.B.11, adopted January 10, 1994; and further description on pages 10–14, 57–60 and 69–75 contained in ADEC's State Air Quality Control Plan, Volume III: Appendices, Modifications to Section III.B, III.B.1, and III.B.3, adopted January 10, 1994. (24) On December 5, 1994 the Alaska Department of Environmental Conservation sent EPA revisions for inclusion into Alaska's SIP that address transportation and general conformity regulations as required by EPA under the CAA. (i) Incorporation by reference. (A) December 5, 1994 letter from the Governor of Alaska to EPA, Region 10, submitting amendments addressing transportation and general conformity revisions to the SIP: (1) Regulations to 18 AAC 50, Air Quality Control, including Article 5, Procedure and Administration, 18 AAC 620; Article 6, Reserved; Article 7, Conformity, 18 AAC 50.700–18 AAC 50.735; Article 8, Reserved; and Article 9, General Provisions, 18 AAC 50.900, all of which contain final edits (23 pages total) by the Alaska Department of Law, were filed by the Lieutenant Governor on December 5, 1994 and effective on January 4, 1995. (2) Amendments to the Alaska State Air Quality Control Plan, “Volume II: Analysis of Problems, Control Actions,” as revised on December 1, 1994, adopted by reference in 18 AAC 50.620, containing final edits by the Alaska Department of Law, all of which were certified by the Commissioner of Alaska to be the correct plan amendments, filed by the Alaska Lieutenant Governor on December 5, 1994 and effective on January 4, 1995. (25) On March 24, 1994, ADEC submitted a revision to its SIP for the State of Alaska addressing the attainment and maintenance of the NAAQS for CO in the Anchorage CO nonattainment area. (i) Incorporation by reference. (A) March 24, 1994 letter from the Alaska Governor to the EPA Regional Administrator including as a revision to the SIP the State of Alaska, Department of Environmental Conservation, 18 AAC 53, “Fuel Requirements for Motor Vehicles,” (Article 1, 18 AAC 53.005—18 AAC 53.190 and Article 9, 18 AAC 53.990, with the exception of 18 AAC 53.010(c)(2)), filed March 24, 1994 and effective on April 23, 1994. (26) Submittal to EPA from the ADEC of CO contingency measure for Fairbanks, AK. (i) Incorporation by reference. (A) Letter dated July 12, 1995 from the Commissioner of the ADEC to the EPA Regional Administrator submitting its repair technician and certification program element found in State regulation 18 AAC 52.400–410, effective June 24, 1994. (27) On October 31, 1997, ADEC submitted revisions to Fuel Requirements for Motor Vehicles, title 18, chapter 53 of the Alaska Administrative Code (18 AAC 53) regarding the use of oxygenated fuels. (i) Incorporation by reference. (A) Title 18, Chapter 53, Alaska Administrative Code (AAC), Fuel Requirements for Motor Vehicles, adopted October 31, 1997 (Article 1, 18 AAC 53 .005, .007, .010, .015, .020, .030, .035, .040, .045, .060, .070, .080, .090, .100, .105, .120, .130, .140, .150, .160, .170, .190; Article 9, 18 AAC 53.990). (28) On January 8, 1997, the Director of the Alaska Department of Environmental Conservation submitted the Alaska air quality regulations, 18 Alaska Administrative Code (AAC) 50 (with the exception of 18 AAC 50.055(a)(9), 50.085, 50.090, 50.110, 50.300(g), and 50.310(l) which were not submitted), as effective on January 18, 1997. On March 17, 1998, the Director of the Alaska Department of Environmental Conservation resubmitted 18 AAC 50.055(a)(3) and (b)(6). EPA has approved the following provisions of 18 AAC 50, as effective on January 18, 1997: Section 005; Section 010, except for subsections (7) and (8); Section 025; Section 030; Section 035; Section 045; Section 050; Section 055, except for paragraph (d)(2)(B) and (a)(9); Section 060; Section 065; Section 070; Section 075; Section 200; Section 201; Section 205; Section 220; Section 240; Section 245; Section 400, paragraphs (a), (b)(1), and (c); Section 420; Section 430; Section 900; and Section 990, subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15), (16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33), (34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51), (53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70), (71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86), (89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and (100). On January 8, 1997, the Director of the Alaska Department of Environmental Conservation submitted the current Alaska Statutes for air pollution control, specifically the 1993 Alaska Act (Chapter 74 State Legislative Act 1993). EPA has approved as federally enforceable provisions of the SIP, the following provisions of the Alaska Statutes, as effective June 25, 1993: AS 46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990(1), (2), (3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22), (24), and (25); and AS 45.45.400(a). On January 8, 1997, the Director of the Alaska Department of Conservation submitted the “In Situ Burning Guidelines for Alaska (revised 5/94).” (i) Incorporation by reference. (A) 18 AAC 50.005; 18 AAC 50.010, except for subsections (7) and (8); 18 AAC 50.025; 18 AAC 50.030; 18 AAC 50.035; 18 AAC 50.045; 18 AAC 50.050; 18 AAC 50.055, except for paragraphs (d)(2)(B) and (a)(9); 18 AAC 50.060; 18 AAC 50.065; 18 AAC 50.070; 18 AAC 50.075; 18 AAC 50.200; 18 AAC 50.201; 18 AAC 50.205; 18 AAC 50.220; 18 AAC 50.240; 18 AAC 50.245; 18 AAC 50.400, paragraphs (a), (b)(1), and (c); 18 AAC 50.420; 18 AAC 50.430; 18 AAC 50.900; and 18 AAC 50.990, subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15), (16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33), (34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51), (53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70), (71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86), (89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and (100); as effective on January 18, 1997. (B) AS 46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990(1), (2), (3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22), (24), and (25); and AS 45.45.400(a); as effective on June 25, 1993. (C) Remove the following provisions of 18 AAC 50, as effective on June 2, 1988, from the current incorporation by reference: 18 AAC 50.010; 18 AAC 50.070; 18 AAC 50.900, subsections (19), (27), (30), (45), (46), and (48). (29) The Environmental Protection Agency (EPA) approves various amendments to the Alaska State Air Quality Control Plan which are contained in three separate submittals to EPA, dated February 6, 1997, June 1, 1998, and September 10, 1998, and which include the inspection and maintenance program. (i) Incorporation by reference. (A) Air Quality Control Regulations, 18 AAC 50. Effective September 4, 1998: Section 700; Section 705; Section 710 (except for the incorporation by reference of sections 93.102(c), 93.102 (d), 93.104(d), 93.104(e)(2), 93.109(c)-(f), 93.118(e), 93.119(f)(3), 93.120(a)(2), 93.121(a)(1) and (b), and 93.124(b) of 40 CFR); Section 715; and Section 720. (B) Emissions Inspection and Maintenance Requirements for Motor Vehicles 18 AAC 52. (1) Effective January 1, 1998: Section 005; Section 010; 015; 020; 025; 035; 037; 050; 060, except for subsections (8)(c), (8)(d)(2) and (8)(e); 065; 070; 080; 085; 095; 100; 105; 400; 405; 415, except subsection (f)(1); 420, except subsection (a)(11); 425; 440; 500; 515; 520, except subsection (c)(9); 525; 527; 530, except subsections (b)(3), (c)(4)(C) and (d)(9); 535; 540; 545; 546; 990. (2) Effective January 1, 1997: Section 055; 090. (3) Remove the following provisions of 18 AAC 52, effective January 1, 1997: Section 060, subsection 8 (c) and 8 (e); Section 520, subsection (c)(9). (4) Remove the following provisions of 18 AAC 52, effective January 1, 1998: Section 060, subsection 8 (d)(2); Section 415, subsection (f)(1); Section 420, subsection (a) (11); Section 530, subsection (b)(3) and (d)(9). (5) Remove the following provisions of 18 AAC 52, effective January 4, 1995: Section 530, subsection (c) (4)(c). (C) Fuel Requirements for Motor Vehicles 18 AAC 53. (1) Effective October 31, 1997: Section 05; 07; 10; 20; 30; 35; 40; 45; 60; 70; 80; 90; 200; 105; 120; 130; 140; 150; 160; 170; 190 and effective September 4, 1998, Section 990. (2) Remove the following provision of 18 AAC 53.015, Expansion of Control Area, effective October 31, 1997. (ii) Additional material. (A) Revisions to Alaska's State Air Quality Control Plan, Volume II: Section I, “Background,” I.A; I.B., I.C., I.D., and I.E., adopted 11/26/96; Part B—Anchorage Contingency Measures, adopted 5/18/98; Section II, “State Air Quality Control Program,” pages II–1 through II–4, adopted 5/18/98; Section III.A. “Statewide Carbon Monoxide Control Program,” pages III.A.1–1 through III.A.3–4, adopted 5/18/98; III.B. “Anchorage Transportation Control Program,” pages III.B.1–1 through III.B.6–7, adopted 5/18/98; III.B.8. “Modeling and Projections,” pages III.B.8–1 through III.B.9–2, adopted 5/18/98; III.B.10, “Anchorage Air Pollution Episode Curtailment Plan,” pages III.B.10–1 and III.B.10–2, revised 12/19/93; III.B.11. “Assurance of Adequacy,” pages III.B.11–1 through III.B.11–3, revised 5/18/98; III.B.12. “Emissions Budget,” page III.B.12–1, adopted 11/26/96; and various CO SIP streamlining edits throughout Volume II and Volume III of the State Air Quality Control Plan which make the document easier to read and better organized, adopted 5/18/98. (30) On November 1, 1999, the Alaska Department of Environmental Conservation (ADEC) submitted a SIP revision to revise the visible emission limit for coal burning boilers, during startup; shutdown; soot-blowing; grate cleaning; or other routine maintenance activities, that began operation before August 17, 1971, and submitted the required demonstration. This SIP revision is approved for the following facilities that submitted the required demonstration: Golden Valley Electric Association (GVEA), Healy (Unit #1); Eielson Air Force Base, Fairbanks (6 units); Aurora Energy, Fairbanks (4 units); and Clear Air Force Base, Clear (3 units). Additionally, we are approving a revision to the definitions section that will add definitions of grate cleaning and soot-blowing. (i) Incorporation by reference. (A) 18 Alaska Administrative Code (AAC) 50.055(a)(9), Industrial Processes and Fuel-Burning Equipment; as State effective on November 4, 1999. 18 AAC 50.990, subsections (106) and (107), Definitions; as State effective on January 1, 2000. (31) The Environmental Protection Agency (EPA) approves various amendments to the Alaska State Air Quality Control Plan which are contained in two separate submittals to EPA, dated February 24, 2000 and February 2, 2001, and which include the inspection and maintenance and fuels program. (i) Incorporation by reference. (A) Air Quality Control Regulations, 18 AAC 50. Effective December 30, 2000: Section 030. (B) Emissions Inspection and Maintenance Requirements for Motor Vehicles 18 AAC 52. (1) Effective January 1, 2000: Sections 005; 015; 020; 025; 035; 037; 055; 060; 065; 070; 085; 100; 105; 410; 415; 420; 440; 500; 510; 515; 520; 525; 527; 530; 535; and 540. (2) Effective December 30, 2000: Sections 050 and 990. (C) Fuel Requirements for Motor Vehicles 18 AAC 53. Effective December 30, 2000: Section 080. (32) On August 30, 2001 the Alaska Department of Environmental Conservation submitted revisions to the Carbon Monoxide State Implementation Plan for Fairbanks, Alaska. (i) Incorporation by reference. (A) Air Quality Control Regulations, 18 AAC 50.030, as adopted 7/27/01, effective 9/21/01. (B) Assembly Ordinance 2001–17 mandating a Fairbanks North Star Borough motor vehicle plug-in program, as adopted 4/12/2001, effective 4/13/01. (ii) Additional material. Volume II, Section III.C of the State Air Quality Control Plan adopted 7/27/01, effective 9/21/01; Volume III.C3, III.C.5, C.11, and C.12 of the Appendices; adopted 7/27/01, effective 9/21/01. (33) [Reserved] (34) On February 18, 2004, the Alaska Department of Environmental Quality submitted a CO maintenance plan and requested the redesignation of Anchorage to attainment for CO. The State's maintenance plan, attainment year emissions inventory, and the redesignation request meet the requirements of the Clean Air Act. (i) Incorporation by reference. (A) 18AAC50.010, Ambient air quality standards, as effective June 21, 1998, except for subsections (7) and (8). (B) 18AAC50.015, Air quality designations, classifications, and control regions, as in effect February 20, 2004. (C) 18AAC53.010, Control periods and control areas, as in effect February 20, 2004. (D) 18AAC53.190, Suspension and reestablishment of control period, as in effect February 20, 2004. (E) 18AAC50.021, of the State Air Quality Control Plan, as referenced in (c)(19)(i)(C) of this section, effective April 23, 1994, is removed. (35) On June 21, 2004, the Alaska Department of Environmental Conservation submitted a carbon monoxide maintenance plan and requested the redesignation of Fairbanks to attainment for carbon monoxide. The State's maintenance plan and the redesignation request meet the requirements of the Clean Air Act. (i) Incorporation by reference. (A) 18AAC50.015, Air quality designations, classifications, and control regions, as in effect June 24, 2004. (B) Assembly Ordinance No. 2003–71—An Ordinance amending the Carbon Monoxide Emergency Episode Prevention Plan including implementing a Woodstove Control Ordinance, adopted October 30, 2003. [37 FR 10848, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.70, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.71 Classification of regions. top The Alaska plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control Region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Cook Inlet Intrastate..................................... I III III I III. Northern Alaska Intrastate................................ I III III I III. South Central Alaska Intrastate........................... III III III III III. Southeastern Alaska Intrastate............................ III III III III III. ---------------------------------------------------------------------------------------------------------------- [37 FR 10848, May 31, 1972, as amended at 48 FR 30625, July 5, 1983] § 52.72 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Alaska's plan for the attainment and maintenance of the national standards. The State included in the plan a regulation prohibiting idling of unattended motor vehicles. However, the plan stated that this regulation was included for informational purposes only, and was not to be considered part of the control strategy to implement the national standards for carbon monoxide. Accordingly, this regulation is not considered a partof the applicable plan. [37 FR 15080, July 27, 1972] § 52.73 Approval of plans. top (a) Carbon monoxide. (1) Anchorage. (i) EPA approves as a revision to the Alaska State Implementation Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Section III.B of the State Air Quality Control Plan, adopted January 2, 2004, effective February 20, 2004 and Volume III of the Appendices adopted January 2, 2004, effective February 20, 2004) submitted by the Alaska Department of Environmental Conservation on February 18, 2004. (ii) [Reserved] (2) Fairbanks. (i) EPA approves as a revision to the Alaska State Implementation Plan, the Fairbanks Carbon Monoxide Maintenance Plan (Volume II.C of the State Air Quality Control Plan, adopted April 27, 2004 and Volume III.C of the Appendices adopted April 27, 2004, effective June 24, 2004) submitted by the Alaska Department of Environmental Conservation on June 21, 2004. (ii) [Reserved] (b) Lead. [Reserved] (c) Nitrogen dioxide. [Reserved] (d) Ozone. [Reserved] (e) Particulate matter. [Reserved] (f) Sulfur dioxide. [Reserved] [67 FR 58712, Sept. 18, 2002, as amended at 69 FR 24936, June 23, 2004; 69 FR 44605, July 27, 2004] § 52.74 [Reserved] top § 52.75 Contents of the approved state-submitted implementation plan. top The following sections of the State Air Quality Control Plan (as amended on the dates indicated) have been approved and are part of the current State Implementation Plan: Volume II: Analysis of Problems, Control Action Section I Background A. Introduction (7/1/82) B. Air Quality Control Regions (7/1/82) C. Attainment/ Nonattainment Designations (7/1/83) Section II State Air Quality Control Program (11/1/83) Section III Areawide Pollutant Control Program A. Statewide Transportation Control Program (6/1/85) B. Anchorage Transportation Control Program (6/1/85), except B.10.1 through 10.6 Anchorage Air Pollution Curtailment Actions (6/26/87) C. Fairbanks Transportation Control Program (6/1/85), except C.10.1 through 10.9 Fairbanks Emergency Episode Prevention Plan (6/26/87) D. Total Suspended Particulate Matter (7/1/82) E. Ice Fog (7/1/82) F. Open Burning (10/30/83) G. Wood Smoke Pollution Control (7/1/83) H. Lead Pollution Control (7/1/83) Section IV Point Source Control Program A. Summary (10/30/83) 1. Annual Review Report (10/30/83) B. State Air Quality Regulations (10/30/83) C. Local Programs (10/30/83) D. Description of Source Categories And Pollutants 1. Typical Point Sources (10/30/83) 2. Summary of Major Emitting Facilities (10/30/83) E. Point Source Control 1. Introduction (10/30/83) F. Facility Review Procedures 1. Project Review Procedures (6/02/88) Who needs a permit? (10/30/83, 6/02/88) 2. Standard Application Procedures (10/30/83) 3. PSD Application Procedures (10/30/83) Preliminary report and meeting (10/30/83) Pre-construction monitoring (10/30/83) PSD application format (10/30/83) 4. Nonattainment Application Procedures (10/30/83) G. Application Review and Permit Development (10/30/83) 1. Application Review (10/30/83) 2. Permit Development Requirements (10/30/83) Monitoring and Testing Requirements (10/30/83) Ambient Monitoring (10/30/83) Continuous Emissions Monitoring (10/30/83) Source Testing (10/30/83) 3. Prevention of Significant Deterioration Review (10/30/83) Basis of Program (10/30/83) PSD Regulations (10/30/83) PSD Analysis (10/30/83) 4. Nonattainment Area Review (10/30/83) 5. New Source Performance Standards Source Review (10/30/83) 6. Visibility Review (10/30/83) 7. Sources under EPA Review (10/30/83) H. Permit Issuance Requirements (10/30/83) Section V Ambient Air Monitoring A. Purpose (7/1/82) B. Completed Air Monitoring Projects (7/1/82) 1. Carbon Monoxide (7/1/82) 2. Nitrogen Oxides (7/1/82) 3. Sulfur Dioxide (7/1/82) 4. Ozone (7/1/82) 5. Total Suspended Particulates (TSP) (7/1/82) 6. Lead (7/1/82) C. Air Monitoring Network (7/1/82) 1. Network Description (7/1/82) 2. Station Designations (7/1/82) 3. Air Quality Monitoring Procedures (7/1/82) 4. Ambient Sampling for Specific Pollutants (7/1/82) E. Annual Review (7/1/82) Volume III. Appendices Section II. State Air Quality Control Program II.A. State Air Statues, except Section 46.03.170 (11/15/83) State Attorney General Opinions on Legal Authority—(2/29/72, 2/29/80) Title 18—Environmental Conservation, Chapter 50—Air Quality Control (10/30/83), (6/7/87), (6/2/88) Title 18—Environmental Conservation, Chapter 52—Emissions Inspections and Maintenance Requirements for Motor Vehicles (5/19/85), except 18 AAC 52.010 (3), (3b), (3d), (3e), and (3g) (5/19/85) 18 AAC 52.020 (1) (5/19/85) 18 AAC 52.070 (5) (A)–(C) (5/19/85) 18 AAC 52.900 (14) (5/19/85) II.B. Municipality of Anchorage/Cook Inlet ADEC Agreements (11/15/83) II.C. Fairbanks North Star Borough Ordinances, except Section 8.04.070/FNSB & ADEC Agreements (11/15/83) Section III Areawide Pollutant Control Program III.B.3–a Anchorage Graphs of Highest and Second Highest CO readings for Each Site (11/15/83) III.B.5–a Anchorage Traffic Improvements (11/15/83) III.B.5–b Anchorage Contingency Plan (11/15/83) III.B.5–c Anchorage Transit Ridership (11/15/83) III.B.8–a Anchorage Graphs of Projected CO Concentrations for Each Site (11/15/83) III.G Ordinance of the City and Borough of Juneau (10/6/83) III.H Support Documents for Lead Plan (11/15/83) Section IV Point Source Control Program IV.1 PSD Area Classification and Reclassifications (11/15/83) A. Class I Area Boundaries (11/15/83) B. Areas Protected from Visibility Degradation (11/15/83) C. Reclassification (11/15/83) 1. Limitations on PSD Reclassification (11/15/83) 2. PSD Reclassification Procedures (11/15/83) IV.2 Compliance Assurance (11/15/83) IV.3 Testing Procedures (11/15/83) Section V Ambient Air Monitoring ADEC Ambient Analysis Procedures (11/15/83) [56 FR 19287, Apr. 26, 1991] § 52.76 1990 Base Year Emission Inventory. top (a) EPA approves as a revision to the Alaska State Implementation Plan the 1990 Base Year Carbon Monoxide Emission Inventory for the Anchorage and Fairbanks areas designated as nonattainment for CO, submitted by the Alaska Department of Environmental Conservation on December 29, 1993. This submittal consists of the 1990 base year stationary, area, non-road mobile, and on-road mobile sources for the pollutant carbon monoxide. (b) EPA approves a revision to the Alaska State Implementation Plan, submitted on December 5, 1994, of the on-road mobile source portion of the 1990 Base Year Emission Inventory for Carbon Monoxide in Anchorage and Fairbanks. [62 FR 6132, Feb. 11, 1997, as amended at 63 FR 50764, Sept. 23, 1998] §§ 52.77-52.81 [Reserved] top § 52.82 Extensions. top The Administrator, by authority delegated under section 186(a)(4) of the Clean Air Act, as amended in 1990, hereby extends for one year (until December 31, 1996) the attainment date for the MOA, Alaska CO nonattainment area. [61 FR 33678, June 28, 1996] §§ 52.83-52.95 [Reserved] top § 52.96 Significant deterioration of air quality. top (a) The State of Alaska Department of Environmental Conservation Air Quality Control Regulations as in effect on June 2, 1988 (specifically 18 AAC 50.020, 50.021, 50.300, 50.400, 50.510, 50.520, 50.530, 50.600, 50.620, and 50.900) and the State air quality control plan as in effect on June 2, 1988 (specifically, Section I.B. AIR QUALITY CONTROL REGIONS, Section I.C. ATTAINMENT/NONATTAINMENT DESIGNATIONS, Section I.D. PREVENTION OF SIGNIFICANT DETERIORATION DESIGNATIONS, Section IV.F. FACILITY REVIEW PROCEDURES, Section IV.G APPLICATION REVIEW AND PERMIT DEVELOPMENT, Section IV.H PERMIT ISSUANCE REQUIREMENTS, Appendix IV.1. PSD area Classification and Reclassification, and Appendix V ADEC Ambient Analysis Procedures), are approved as meeting the requirements of part C for preventing significant deterioration of air quality. (b) The requirements of sections 160 through 165 of the Clean Air Act are not met for Indian reservations since the plan does not include approvable procedures for preventing the significant deterioration of air quality on Indian reservations and, therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made part of the applicable reservation in the State of Alaska. [48 FR 30626, July 5, 1983, as amended at 56 FR 19288, Apr. 26, 1991; 68 FR 11321, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003] Subpart D—Arizona top § 52.111 Toll free number assignment. top Toll free numbers shall be made available on a first-come, first-served basis unless otherwise directed by the Commission. [63 FR 16441, Apr. 3, 1998] § 52.120 Identification of plan. top Link to an amendment published at 71 FR 9946, Feb. 28, 2006. (a) Title of plan: “The State of Arizona Air Pollution Control Implementation Plan.” (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Letter of intent to revise plan submitted on March 1, 1972, by the Arizona State Board of Health. (2) Letter of intent to revise plan submitted on March 2, 1972, by the Governor. (3) Revised implementation plan submitted on May 30, 1972, by the Governor. (i) Maricopa County Bureau of Air Pollution Control. (A) Previously approved on July 27, 1972 and now deleted without replacement Rules 60 to 67. (4) Transportation control plan submitted on April 11, 1973, by the Governor. (5) Amendments (Non-regulatory) to the transportation control plan submitted on May 10, 1973, by the Governor. (6) Arizona Air Pollution Control Regulations (numbers in parentheses indicate recodification of regulations as identified in the Arizona State Implementation Plan Semi-Annual Report submitted to EPA on September 4, 1975). 7–1–1.1 (R9–3–101) (Policy and Legal Authority) 7–1–1.3 (R9–3–103) (Air Pollution Prohibited) 7–1–1.5 (R9–3–105) (Enforcement) 7–1–4.3 (R9–3–403) (Sulfur Emissions: Sulfite Pulp Mills) 7–1–4.4 (R9–3–404) (Sulphur Emissions: Sulfuric Acid Plants) 7–1–4.5 (R9–3–405) (Sulphur Emissions: Other Industries) 7–1–5.1 (R9–3–501) (Storage of Volatile Organic Compounds) 7–1–5.2 (R9–3–502) (Loading of Volatile Organic Compounds) 7–1–5.3 (R9–3–503) (Organic Compound Emissions: Pumps and Compressors) 7–1–5.4 (R9–3–504) (Organic Solvents) 7–1–6.1 (R9–3–601) (Carbon Monoxide Emissions: Industrial) 7–1–7.1 (R9–3–701) (Nitrogen Oxide Emissions: Fuel Burning Installations) 7–1–7.2 (R9–3–702) (Nitrogen Oxide Emissions: Nitric Acid Plants 7–1–8.3 (R9–3–803) (New Installations) Submitted on August 20, 1973. (7) Revised transportation control plan submitted on September 11, 1973, by the Governor. (8) Letter supplementing the revised transportation control plan encouraging mass transit, carpooling, etc., submitted on September 21, 1973, by the Governor. (9) Letter supplementing the revised transportation control plan encouraging mass transit, carpooling, etc., submitted on October 2, 1973, by the Governor. (10) Maricopa County Air Pollution Control District Regulation III, Rule 31 (Particulate Matter Emissions) submitted on January 28, 1974. (11) Arizona Air Pollution Control Regulation 7–1–1.7 (R9–3–107) (Unlawful open burning) submitted on February 19, 1974. (12) Pima County Air Pollution Control District Regulation II, Rule 2 (Particulate matter emissions) submitted on March 19, 1974. (13) Air quality maintenance area designation analysis submitted on April 17, 1974, by the Arizona Department of Health Services. (14) Arizona Air Pollution Control Regulations: 7–1–2.10 (R9–3–210) (Emergency Episode Criteria) 7–1–4.2 (R9–3–402) (Sulfur Emissions: Fuel Burning Installations) Submitted on August 30, 1974. (15) Arizona Air Pollution Control regulations 7–1–8.1 (R9–3–801) (Original State jurisdiction); 7–1–8.2 (R9–3–802) (Assertions of jurisdiction); 7–1–8.3 (R9–3–803) (Delegation of authority); 7–1–11.3 (R9–3–1203) (Suspension and revocation of permits); 7–1–11.4 (R9–3–1204) (Permits non-transferable); 7–1–11.5 (R9–3–1205) (Posting of permits); 7–1–11.6 (R9–3–1206) (Notice by permit agencies); 7–1–11.7 (R9–3–1207) (Equipment covered); 7–1–11.9 (R9–3–1209) (Permit Fees); and 7–1–1.4 (R9–3–104) (Recordkeeping and reporting) submitted September 27, 1974. (16) Assertion of State Jurisdiction over Apache, Navajo, Santa Cruz and Yavapai Counties; Assertion of State Jurisdiction over Cochise County; and Assertion of State Jurisdiction over specific sources in Mohave County. Submitted on February 3, 1975. (17) Amendments to the Rules and Regulations of the Pima County Air Pollution Control District (Regulation I: Rules 2, 4D, 4E, 4J, 8G, 16C, 29, and 30) submitted on February 20, 1975, by the Director, Arizona Department of Health Services (the Governor's official representative). (18) Air pollution control regulations for various counties submitted by the Governor on July 1, 1975, as follows: (i) Coconino County Air Pollution Control Regulations. 12–1–1 (Legal Authority) 12–1–2 (Definitions) 12–1–3 (Air Pollution Prohibited) 12–2–2 (Operating Permits) 12–2–4 (Permit Fees) 12–2–5 (Permit Renewals) 12–2–7 (Testing of Installations) 12–2–8 (Compliance with Terms of Installation Permit) 12–2–9 (Notification of Denial of Permit) 12–2–10 (Appeals to the Hearing Board) 12–2–11 (Permits Not Transferable) 12–2–12 (Expiration of Installation Permit) 12–2–13 (Posting of Permits) 12–3–1 (Ambient Air Quality Standards) 12–3–2 (Emission Standards) 12–3–3 (Reporting of Emissions) 12–3–4 (Production of Records: Confidentiality) 12–3–5 (Monitoring Devices) 12–3–6 (Penalty for Violation) 12–4–1 (Shade, Density, or Opacity of Emissions) 12–4–2 (Dust Control) 12–4–3 (Processing of Animal or Vegetable Matter) 12–4–4 (Volatile and Odorous Materials) 12–4–5 (Storage and Handling of Petroleum Products) 12–5–1 (Permit Required) 12–5–2 (Performance Tests: Permit Tags) 12–5–3 (Emission Limitations) 12–5–4 (Authority of Other Public Agencies) 12–6–1 (Unlawful Open Burning) 12–6–2 (Exceptions Requiring no Permission) 12–6–3 (Exceptions Requiring Permission) 12–6–4 (Exceptions Under Special Circumstances) 12–7–1 (Misdemeanor: Penalty) 12–7–2 (Order of Abatement) 12–7–3 (Hearings on Orders of Abatement) 12–7–5 (Notice of Hearing; Publication; Service) 12–7–6 (Injunctive Relief) (A) Previously approved on November 15, 1978 and now deleted without replacement Rules 12–7–2, 12–7–3, 12–7–5, and 12–7–6. (B) Previously approved on November 15, 1978 in paragraph (i) of this section and now deleted without replacement Rules 12–1–1 through 12–1–3, 12–2–2, 12–2–4, 12–2–5, 12–2–7 through 12–2–13, 12–3–1, 12–3–3 through 12–3–6, 12–4–1 through 12–4–5, 12–5–1 through 12–5–4, 12–6–1 through 12–6–4, and 12–7–1. (ii) Mohave County Air Pollution Control Regulations. Sec. 1, Reg. 1 (Policy and Legal Authority) Sec. 1, Reg. 2 (Definitions) Sec. 1, Reg. 3 (Air Pollution Prohibited) Sec. 1, Reg. 4 (Enforcement) Sec. 2, Reg. 1 (Shade, Density or Opacity of Emissions) Sec. 2, Reg. 2 (Particulate Matter) Sec. 2, Reg. 3 (Reduction of Animal or Vegetable Matter) Sec. 2, Reg. 4 (Evaporation and Leakage) Sec. 2, Reg. 5 (Storage Tanks) Sec. 3, Reg. 1 (Particulate Matter from Fuel Burning Installations) Sec. 3, Reg. 2 (Particulate Matter from Other Sources) Sec. 3, Reg. 3 (Sulfur from Primary Copper Smelters) Sec. 3, Reg. 4 (Ground Level Concentrations) Sec. 3, Reg. 5 (Exceptions) Sec. 3, Reg. 6 (Incinerators) Sec. 4, Reg. 1 and Reg. 2 (Responsibility and Requirements of Testing) Sec. 5, Reg. 1 (Open Fires: Prohibition and Exceptions) Sec. 6, Reg. 1 (Sulfur Dioxide) Sec. 6, Reg. 2 (Non-Specific Particulate) Sec. 6, Reg. 3 (Evaluation) Sec. 6, Reg. 4 (Anti-Degradation) Sec. 7 (Violations) (A) Previously approved on November 15, 1978 in paragraph (ii) of this section and now deleted without replacement Rules 1–1 through 1–4, 2–1 through 2–5, 3–1, 3–2, 3–6, 4–1, 4–2, 5–1, 6–1 through 6–4, and 7. (iii) Yuma County Air Pollution Control Regulations. 8–1–1.1 (Policy and Legal Authority) 8–1–1.2 (Definitions) 8–1–1.3 (Air Pollution Prohibited) 8–1–1.4 (Recordkeeping and Reporting) 8–1–1.5 (Enforcement) 8–1–1.6 (Exceptions) 8–1–2.1 (Non-Specific Particulate) 8–1–2.2 (Sulfur Dioxide) 8–1–2.3 (Non-Methane Hydrocarbons) 8–1–2.4 (Photochemical Oxidants) 8–1–2.5 (Carbon Monoxide) 8–1–2.6 (Nitrogen Dioxide) 8–1–2.7 (Evaluation) 8–1–2.10 (Emergency Episode Criteria) 8–1–3.1 (Visible Emissions; General) 8–1–3.2 (Fugitive Dust) 8–1–3.3 (Particulates—Incineration) 8–1–3.4 (Particulates—Wood Waste Burners) 8–1–3.5 (Particulates—Fuel Burning Equipment) 8–1–3.6 (Particulates—Process Industries) 8–1–4.2 (Fuel Burning Installations) 8–1–4.3 (Sulfur Emissions—Sulfite Pulp Mills) 8–1–4.4 (Sulfur Emissions—Sulfuric Acid Plants) 8–1–4.5 (Sulfur Emissions—Other Industries) 8–1–5.1 (Storage of Volatile Organic Compounds) 8–1–5.2 (Loading of Volatile Organic Compounds) 8–1–5.3 (Pumps and Compressors) 8–1–5.4 (Organic Solvents; Other Volatile Compounds) 8–1–6.1 (CO2 Emissions—Industrial) 8–1–7.1 (NO2 Emissions—Fuel Burning Equipment) 8–1–7.2 (NO2 Emissions—Nitric Acid Plants) 8–1–8.1 (Open Burning—Prohibition) 8–1–8.2 (Open Burning—Exceptions) (A) Previously approved on November 15, 1978 in paragraph (iii) of this section and now deleted without replacement Rules 8–1–1.1, 8–1–2.7, 8–1–2.10, 8–1–4.2 through 8–1–4.5, 8–1–5.1 through 8–1–5.4, 8–1–6.1, 8–1–7.1, 8–1–7.2, 8–1–8.1, and 8–1–8.2. (iv) Pinal-Gila Counties Air Pollution Control Regulations. 7–1–1.1 (Policy and Legal Authority) 7–1–1.2 (Definitions) 7–1–1.3 (Air Pollution Prohibited) 7–1–2.2 (Permit Unit Description and Fees) 7–1–2.4 (Appeals to Hearing Board) 7–1–2.5 (Transfer: Posting: Expirations) 7–1–2.6 (Recordkeeping and Reporting) 7–1–2.7 (Enforcement) 7–1–2.8 (Exceptions) 7–1–4.1 and 7–1–4.2 (Orders of Abatement) 7–1–5.1 (Classification and Reporting: Production of Records: Violation: and Penalty) 7–1–5.2 (Special Inspection Warrant) 7–1–5.3 (Decisions of Hearing Boards: Subpoenas) 7–1–5.4 (Judicial Review: Grounds: Procedures) 7–1–5.5 (Notice of Hearing: Publication: Service) 7–1–5.6 (Injunctive Relief) 7–2–1.1 (Non-Specific Particulate) 7–2–1.2 (Sulfur Dioxide) 7–2–1.3 (Non-Methane Hydrocarbons) 7–2–1.4 (Photochemical Oxidants) 7–2–1.5 (Carbon Monoxide) 7–2–1.6 (Nitrogen Dioxide) 7–2–1.7 (Evalution) 7–2–1.8 (Anti-Degradation) 7–3–1.1 (Visible Emissions: General) 7–3–1.2 (Particulate Emissions—Fugitive Dust) 7–3–1.3 (Open Burning) 7–3–1.4 (Particulate Emissions—Incineration) 7–3–1.5 (Particulate Emissions—Wood-Waste Burners) 7–3–1.6 (Reduction of Animal or Vegetable Matter) 7–3–1.7 (Particulate Emissions—Fuel Burning Equipment) 7–3–1.8 (Particulate Emissions—Process Industries) 7–3–2.1 (Copper Smelters) 7–3–2.2 (SO2 Emissions—Fuel Burning Installations) 7–3–2.3 (SO2 Emissions—Sulfite Pulp Mills) 7–3–2.4 (SO2 Emissions—Sulfuric Acid Plants) 7–3–2.5 (Other Industries) 7–3–3.1 (Storage of Volatile Organic Compounds) 7–3–3.2 (Loading of Volatile Organic Compounds) 7–3–3.3 (Pumps and Compressors) 7–3–3.4 (Organic Solvents: Other Volatile Compounds) 7–3–4.1 (CO2 Emissions—Industrial) 7–3–5.1 (NO2 Emissions—Fuel Burning Equipment) 7–3–5.2 (NO2 Emissions—Nitric Acid Plants) 7–3–6.1 (Policy and Legal Authority) (A) Previously approved on November 15, 1978 and now deleted without replacement Rules 7–1–4.1 to 7–1–4.2 and 7–1–5.1 to 7–1–5.6. (B) Previously approved on November 15, 1978 and now deleted without replacement Rules 7–1–2.2, 7–1–2.4, 7–1–2.7, 7–2–1.3, and 7–3–6.1. (C) Previously approved on December 17, 1979 and now deleted without replacement Rule 7–3–2.5. (D) Previously approved on November 15, 1978 in paragraph (c)(18)(iv) of this section and now deleted without replacement Rules 7–1–1.1, 7–1–1.3, 7–1–2.5, 7–1–2.6, 7–2–1.1, 7–2–1.2, 7–2–1.4, 7–2–1.5, 7–2–1.6, 7–2–1.7, and 7–3–1.6. (E) Previously approved on December 17, 1979 in paragraph (c)(18)(iv) of this section and now deleted without replacement Rule 7–2–1.8. (F) Previously approved on November 15, 1978 in paragraph (c)(18)(iv) of this section and now deleted without replacement with respect to Gila County only Rules 7–3–1.2, 7–3–1.3, 7–3–1.4, 7–3–1.5, 7–3–1.7, 7–3–1.8, 7–3–2.2, 7–3–2.3, 7–3–2.4, 7–3–3.1, 7–3–3.2, 7–3–3.3, 7–3–4.1, 7–3–5.1, and 7–3–5.2. (G) Previously approved on December 17, 1979 in paragraph (c)(18)(iv) of this section and now deleted without replacement with respect to Gila County only Rule 7–3–2.5. (19) Arizona Air Pollution Control Regulations: R9–3–102 (Definitions) R9–3–108 (Test Methods and Procedures) R9–3–301 (Visible Emissions—General) R9–3–302 (Particulate Emissions: Fugutive Dust) R9–3–303 (Particulate Emissions: Incineration) R9–3–304 (Particulate Emissions: Wood Waste Burners) R9–3–305 (Particulate Emissions: Fuel Burning Equipment) R9–3–307 (Particulate Emissions: Portland Cement Plants) R9–3–308 (Particulate Emissions: Heater-Planers) Submitted on September 16, 1975. (20) Arizona Air Pollution Control Regulations R9–3–505 (Gasoline Volatility Testing); R9–3–506 (Gasoline Volatility Standards); R9–3–1001 (Policy and Legal Authority); R9–3–1020 (State Stations Acting as Fleet Inspection Stations); any Fleet Inspection Stations for State Stations); submitted on January 23, 1976. (21) Amendments to the rules and Regulations of the Pima County Air Pollution Control District (Regulation I: Rule 2 (paragraph uu-yy, Definitions); regulation II (Fuel Burning Equipment): Rule 2G (paragraphs 1–4c, Particulate Emissions), Rule 7A (paragraphs 1–6, Sulfur Dioxide Emissions), Rule 7B (paragraphs 1–4, Nitrogen Oxide Emission); Regulation VI: Rule 1A–H, (Ambient Air Quality Standards); Regulation VII (paragraph A–D, Standards of Performance for New Stationary Sources); and Regulation VIII (paragraphs A–C, Emission Standards for Hazardous Air Pollutants)) submitted on September 30, 1976 by the Director, Arizona Department of Health Services (the Governor's official representative). (22)–(23) [Reserved] (24) Arizona Air Pollution Control Regulations R9–3–1002 (Definitions); R9–3–1003 (Vehicles To Be Inspected by the Mandatory Vehicular Emissions Inspection Program); R9–3–1004 (State Inspection Requirements); R9–3–1005 (Time of Inspections); R9–3–1006 (Mandatory Vehicular Emissions Inspection); R9–3–1007 (Evidence of Meeting State Inspection Requirements); R9–3–1008 (Procedure for Issuing Certificates of Waiver); R9–3–1010 (Low Emissions Tune Up); R9–3–1011 (Inspection Report); R9–3–1012 (Inspection Procedure and Fee); R9–3–1013 (Reinspections); R9–3–1016 (Licensing of Inspectors); R9–3–1017 (Inspection of Governmental Vehicles); R9–3–1018 (Certificate of Inspection); R9–3–1019 (Fleet Station Procedures and Permits); R9–3–1022 (Procedure for Waiving Inspections Due to Technical Difficulties); R9–3–1023 (Certificate of Exemption); R9–3–1025 (Inspection of State Stations); R9–3–1026 (Inspection of Fleet Stations); R9–3–1027 (Registration of Repair Industry Analyzers); R9–3–1029 (Vehicle Emission Control Devices); and R9–3–1030 (Visible Emissions; Diesel-Powered Locomotives); submitted on February 11, 1977. (25) [Reserved] (26) Maricopa County Air Pollution Control District Regulation IV, rule 41, paragraph B (Continuously Monitoring and Recording Emissions) submitted on July 29, 1977. (27) The following amendments to the plan were submitted on January 4, 1979 by the Governor's designee. (i) Arizona State Rules and Regulations for Air Pollution Control. (A) R–9–3–101, A., Nos. 2, 3, 29, 41, 53, 55, 87, 88, 89, 91, 92, 95, 100 and 117; R9–3–301, paragraphs D, J, and N; R9–3–306, paragraphs D and J; and R9–3–307, paragraphs C and E. (B) New or amended Rules R9–3–101 (Nos. 1, 4, 6, (a, c, and d), 8, 9, 11, 13, 17 to 26, 28, 30 to 35, 37 to 40, 43 to 45, 48, 49, 54, 57 to 59, 61 to 73, 77 to 80, 82, 83, 86, 90, 94, 96, 98, 101, 102, 104, 105, 107 to 115, 118 to 120, 122, to 129, and 131), R9–3–217, R9–3–218, R9–3–219, R9–3–308, R9–3–310 (Paragraph C), R9–3–311 (Paragraph A), R9–3–312, R9–3–313 (Paragraphs A.1, A.2.b, A.3, A.4, B to D.1, D.3, D.4.a to F.1.2.iii, F.1.b., and F.2.b. to F.4), R9–3–314 to R9–3–319, R9–3–402 to R9–3–404, R9–3–406, R9–3–407, R9–3–409, R9–3–410, R9–3–502 (Paragraphs B, C, C.2, and D to G), R9–3–503 (Paragraph A), R9–3–504 (Paragraphs B and C), R9–3–505 (Paragraphs A, B.1.b., B.2.b, and B.3 to D), R9–3–506 (Paragraphs A.2, B, C.1.a to C.4), R9–3–507 (Paragraphs D to F), R9–3–508 (Paragraphs A and C), R9–3–510 (Paragraphs B to E), R9–3–511 (Paragraph B), R9–3–512 (Paragraph B), R9–3–513 (Paragraphs B and C), R9–3–514 (Paragraphs B and C), R9–3–516 (Paragraph B), R9–3–517 (Paragraphs B and C), R9–3–518 (Paragraphs B and C), R9–3–519 (Paragraphs A.2, A.3.a to A.3.c, A.3.e and B to C), R9–3–520 (Paragraphs B and C), R9–3–521 (Paragraphs B to D), R9–3–522 (Paragraphs A.1 to A.5, B and C), R9–3–523 (Paragraph B), R9–3–524 (Paragraphs C, D.1, D.2, D.4 to G.5), R9–3–525 (Paragraphs B to D), R9–3–526, R9–3–527, R9–3–528 (Paragraphs B to E and F.1 to F.4), R9–3–601 to R9–3–605, R9–3–1101, R9–3–1102, Appendix 10 (Sections A10.1.3.3, A10.1.4. and A10.2.2 to A10.3.4.) and Appendix 11. (28) The following amendments to the plan were submitted on January 18, 1979 by the Governor's designee. (i) Maricopa County Bureau of Air Pollution Control Rules and Regulations. (A) Rule 33, Storage and Handling of Petroleum Products. (B) New or amended Rules 21G and 41. (29) The following amendments to the plan were submitted on January 23, 1979, by the Governor's designee. (i) Arizona State Rules and Regulations for Air Pollution Control. (A) Arizona Testing Manual for Air Pollutant Emissions (excluding Sections 2.0 and 5.0). (30) Redesignation of AQCR's in Arizona, submitted on January 26, 1979, by the Governor. (31) Revisions to the Arizona Air Pollution Control Regulations submitted on March 21, 1979: R9–3–1002 (22,34); R9–3–1003 [A(A8–11),B,C]; R9–3–1005 [A, (A3)]; R9–3–1006 [A,(A1,2),B, (B2,3,4,5),D,E, (E1(c),2(c)),F,G, (G1,2), Table II]; R9–3–1008 [B,(B1,2,6,7)]; R9–3–1010 [A,(A3),C,D,F]; R9–3–1011 [A,B,(B1,2,3)];R9–3–1012(b); R9–3–1014; R9–3–1017 [B,(B4), C, E]; R9–3–1019 [A,B,D, D(1)(a)(i), D(1)(a)(ii)(6), D(1)(a)(iii), D(1)(c), D(1)(f)(11), H, (H1,2), I(I8,9,10,11,12,13), J, (J10), L, M, N, (N1,2)]; R9–3–(C,E); R9–3–1022(B); R9–3c–091023(A,B); R9–3–1027(F). (32) The following amendments to the plan were submitted on February 23, 1979 by the Governor's designee. (i) Nonatainment Area Plan for Carbon Monoxide and Photochemical Oxidants, Maricopa County Urban Planning Area. (33) The Metropolitan Pima County Nonattainment Area Plan for CO was submitted by the Governor's designee on March 20, 1979. (34) The Metropolitan Pima County Nonattainment Area Plan for TSP was submitted by the Governor's designee on March 27, 1979. (35) The following amendments to the plan were submitted on April 10, 1979, by the Governor's designee. (i) Yuma County Air Pollution Control District. (A) New or amended Rules 8–1–1.2 8–1–1.3 thru 8–1–1.6 and 8–1–1.8 thru 8–1–1.13; 8–1–2.1 thru 8–1–2.6 and 8–1–2.8; 8–1–3.1 thru 8–1–3.6, 8–1–3.7 (except paragraph “F”) and 8–1–3.8 thru 8–1–3.20; and Appendices I and II. (B) Previously approved on April 12, 1982 in paragraph (i)(A) of this section and now deleted without replacement Rules 8–1–1.2 through 8–1–1.6, 8–1–1.8 through 8–1–1.13, 8–1–2.1 through 8–1–2.6, 8–1–2.8, 8–1–3.1 through 8–1–3.20, Appendix I, and Appendix II. (36) The following amendments to the plan were submitted on July 3, 1979 by the Governor's designee. (i) Revision to the Nonattainment Area Plan for Carbon Monoxide and Photochemical Oxidants, Maricopa County Urban Planning Area. (37) The following amendments to the plan were submitted on September 20, 1979 by the Governor's designee. (i) Arizona State Rules and Regulations for Air Pollution Control. (A) New or amended rule R9–3–515 (Paragraphs C.1.a. to C.1.h.; C.2; C.3, C.3.b., C.3.c., and C.3.h.; C.4.c. to C.4.g. and C.4.i.; C.5 and C.5.b. to C.5.d.; C.6.b.i. to C.6.b.iii., C.6.b.vi., C.6.b.vii., and C.6.c.; and C.8.). (ii) “ASARCO Incorporated, Hayden Copper Smelter, State Implementation Plan Determination of Good Engineering Practice Stack Height,” September 17, 1979, issued by ADHS. (38) The following amendment to the plan were submitted on October 9, 1979, by the Governor's designee. (i) Pima County Health Department. (A) New or amended Regulation 10: Rules 101–103; Regulation 11: Rules 111–113; Regulation 12: Rules 121–123; Regulation 13: Rules 131–137; Regulation 14: Rules 141 and 143–147; Regulation 15: Rule 151; Regulation 16: Rules 161–165; Regulation 17: Rules 172–174; Regulation 18: Rules 181 and 182; Regulation 20: Rules 201–205; Regulation 22: Rules 221–226; Regulation 23: Rules 231–232; Regulation 24: Rules 241 and 243–248; Regulation 25: Rules 251 and 252; Regulation 30: Rules 301 and 302; Regulation 31: Rules 312–316 and 318; Regulation 32: Rule 321; Regulation 33: Rules 331 and 332; Regulation 34: Rules 341–344; Regulation 40: Rules 402 and 403; Regulation 41: Rules 411–413; Regulation 50: Rules 501–503 and 505–507; Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation 61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules 621–624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation 70: Rules 701–705 and 706 (Paragraphs A to C, D.3, D.4, and E); Regulation 71: Rules 711–714; Regulation 72: Rules 721 and 722; Regulation 80: Rules 801–804; Regulation 81: Rule 811; Regulation 82: Rules 821–823; Regulation 90: Rules 901–904; Regulation 91: Rules 911 (except Methods 13-A, 13-B, 14, and 15; and Rules 912, and 913; Regulation 92: Rules 921–924; and Regulation 93: Rules 931 and 932. Rules 101–103; Regulation 11: Rules 111–113; Regulation 12: Rules 121–123; Regulation 13: Rules 131–137; Regulation 14: Rules 141 and 143–147; Regulation 15: Rule 151; Regulation 16: Rules 161–165; Regulation 17: Rules 172–174; Regulation 24: Rules 241 and 243–248; Regulation 25: Rules 251 and 252; Regulation 30: Rules 301 and 302; Regulation 31: Rules 312–316 and 318; Regulation 32: Rule 321; Regulation 33: Rules 331 and 332; Regulation 34: Rules 341–344; Regulation 40: Rules 402 and 403; Regulation 41: Rules 411–413; Regulation 50: Rules 501–503 and 505–507; Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation 61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules 621–624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation 70: Rules 701–705 and 706 (Paragraphs A to C, D.3, D.4, and E); Regulation 71: Rules 711–714; Regulation 72: Rules 721 and 722; Regulation 80: Rules 801–804; Regulation 81: Rule 811; Regulation 82: Rules 821–823; Regulation 90: Rules 901–904; Regulation 91: Rules 911 (except Methods 13–A, 13–B, 14, and 15; and Rules 912, and 913; Regulation 92: Rules 921–924; and Regulation 93: Rules 931 and 932. (B) New or amended Regulation 17: Rule 171, paragraphs B.1, B.1.a, B.7, B.8, C.1.a, C.1.b, C.2.a, C.2.c, C.2.d, C.3.a, and E.1.b; Regulation 42: Rules 421, 422, 423, 424, 425, and 426; and Regulation 50: Rule 504. (C) Previously approved on April 16, 1982 and now deleted without replacement Rules 141, 143 to 147, 702, 711 to 714. (39) The following amendments to the plan were submitted on November 8, 1979 by the Governor's designee. (i) Nonattainment Area Plan for Total Suspended Particulates, Maricopa County Urban Planning Area. (40) [Reserved] (41) The following amendments to the plan were submitted on February 15, 1980, by the Governor's designee. (i) 1.0 Air Quality Surveillance Network. (42) The Technical Basis of New Source Review Regulations, Pima County, Arizona, February 6, 1980 (AQ–125–a) was submitted by the Governor's designee on February 28, 1980. (43) The following amendments to the plan were submitted on April 1, 1980 by the Governor's designee. (i) Arizona State Rules and Regulations for Air Pollution Control. (A) R9–3–101, A., Nos. 7, 27, 46, 52, 54, 72, 73, 74, 81, 84, 85, 86, 88, 89, 92, 96, 97, 98, 111, 117, 118, and 122; R9–3–301, paragraphs B–1, B–2, C, E, F, H, I, J, K, M, N, O, P, and Q; R9–3–302, (except paragraphs D, E, and I); R9–3–303; R9–3–306, paragraphs B–2, C–1, C–3, and C–5 to C–7, E, F, G–1, G–3, G–4, H, and I; and R9–3–307, paragraphs A, B, D, and F. (B) New or amended Rules R9–3–101 (Nos. 5, 15, 16, 42, 49, 51, 55, 94, 101, 103, 106, 126, 127, and 133), R9–3–201 (paragraph D.2), R9–3–202 (Paragraph D.2), R9–3–203 (Paragraph D.2), R9–3–204 (Paragraph C.2), R9–3–205 (Paragraph C.2), R9–3–206 (Paragraph C.2), R9–3–207 (Paragraph C.2), R9–3–313 (Paragraph F.1.a.i and ii), R9–3–401, R9–3–405, R9–3–408, R9–3–501 (Paragraph A to C), R9–3–502 (Paragraph A to A.4), R9–3–503 (Paragraphs B, C.1,C.2.a. to C.2.f., C.4 and C.5), R9–3–504 (Paragraph A.1 to A.4), R9–3–508 (Paragraph B.1 to B.6), R9–3–510 (Paragraph A.1 and A.2), R9–3–511 (Paragraph A.1 to A.5), R9–3–512 (Paragraph A.1 to A.5), R9–3–513 (Paragraph A.1 to A.5), R9–3–514 (Paragraph A.2), R9–3–516 (Paragraph A.1 to A.6), R9–3–517 (Paragraph A.1 to A.5), R9–3–518 (Paragraph A.1 to A.5), R9–3–520 (Paragraph A.1 to A.6), R9–3–521 (Paragraph A.1 to A.5), and Appendices 1 and 2. (ii) Arizona Lead SIP Revision. (44) The following amendments to the plan were submitted on June 23, 1980 by the Governor's designee. (i) Maricopa County Bureau of Air Pollution Control Rules and Regulations. (A) Rule 34, Organic Solvents. (B) New or amended Rules 2 (except #49 and 57), 3, 24, 25, 25, 26, 27, 30, 31(A), (B), and (H), 32, (G), (H), (J), and (K), 40, 70–72, and 74 and deletion of “ee”. (45) The following amendments to the plan were submitted on July 17, 1980 by the Governor's designee. (i) Arizona State Rules and Regulations for Air Pollution Control. (A) R–9–3–101, A., Nos. 73, 74, 75, 83, 86, 87, 88, 90, 91, 94, 98, 99, 100, 113, 119, 120, and 124; R9–3–301, paragraphs A, B–3, G, I, J, K, L, M, N, O, P, Q, and R; R9–3–306, paragraphs A, B–1, B–3, B–4, C–2, C–4, and G–2; and R9–3–320, paragraphs B and C. (B) New or amended Rules R9–3–101 (Nos. 6(b), 10, 12, 14, 36, 50, 55, 77, 84, and 92), R9–3–311 (Paragraph B), R9–3–313 (Paragraphs A.2.a., D.2, D.4, F.1.C, and F.2.a.), R9–3–320 (Paragraph A), R9–3–502 (Paragraph C.1), R9–3–503 (Paragraph C, C.2, C.2.g. and C.3), R9–3–504 (Paragraph A), R9–3–505 (Paragraph B.1.a, B.2.a), R9–3–506 (Paragraph A to A.1), R9–3–507 (Paragraphs A to C), R9–3–508 (Paragraph B), R9–3–509, R9–3–510 (Paragraph A), R9–3–511 (Paragraph A), R9–3–512 (Paragraph A), R9–3–513 (Paragraph A), R9–3–514 (Paragraphs A to A.1), R9–3–516 (Paragraph A), R9–3–517 (Paragraph A), R9–3–518 (Paragraph A), R9–3–519 (Paragraph A to A.1, A.3, and A.3.d), R9–3–520 (Paragraph A), R9–3–521 (Paragraph A), R9–3–522 (Paragraph A), R9–3–523 (Paragraph A), R9–3–524 (Paragraphs A, B, D, and D.3), R9–3–525 (Paragraph A), R9–3–528 (Paragraphs A and F.5), Section 3, Method 11; Section 3.16, Method 16; Section 3.19, Method 19; Section 3.20, Method 20; and Appendix 10 (Sections A10.2 and A10.2.1). (C) New or amended Rule R9–3–515 (Paragraphs A; and C.6, C.6.b, and C.6.b.v.). (46) The following amendments to the plan were submitted on August 7, 1980, by the Governor's designee. (i) Pinal-Gila Counties Air Quality Control District. (A) New or amended Rules 7–1–1.2, 7–1–1.3(C), 7–3–1.1, 7–3–1.4(C), 7–3–1.7(F), and 7–3–3.4. (B) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) of this section and now deleted without replacement Rules 7–1–1.2 and 7–1–1.3(C). (C) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) of this section and now deleted without replacement with respect to Gila County only Rules 7–3–1.1, 7–3–1.4(C), 7–3–1.7(F), and 7–3–3.4. (D) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) of this section and now deleted without replacement with respect to Pinal County only Rule 7–3–3.4. (47) The following amendments to the plan were submitted on September 10, 1980, by the Governor's designee. (i) Arizona State Rules and Regulations and Air Pollution Control. (A) New or amended Rules R9–3–101 (Nos. 24, 55, 102, and 115 (25–54, 56–101, 103–114, and 116–140 are renumbered only), R9–3–201 (Paragraphs A to D.1 and E), R9–3–202 (Paragraphs A to D.1 and E), R9–3–203 (Paragraphs A to D.1 and E), R9–3–204 (Paragraphs A to C.1 and D), R9–3–205 (Paragraphs A to C.1 and D), R9–3–206 (Paragraphs A to C.1 and D), R9–3–207 (Paragraphs A to C.1 and D), and R9–3–216. (48) Arizona Lead SIP Revision submitted by the State on September 26, 1980. (49) The following amendments to the plan were submitted on July 13, 1981 by the Governor's designee. (i) Arizona Revised Statute Sec. 36–1718. (50) The following amendments to the plan were submitted on July 13, 1981, by the Governor's designee. (i) Arizona State Rules and Regulations for Air Pollution Control. (A) New or amended Rules R9–3–310 (Paragraphs A and B), R9–3–501 (Paragraph D), R9–3–503 (Paragraph C.6), R9–3–506 (Paragraph C to C.1), and Appendix 10 (Sections A10.1–A10.1.3.2). (B) New or amended Rule R9–3–515 (Paragraph C.4.a. and C.4.b.). (ii) Arizona Revised Statutes. (A) Arizona County: Chapter 6, Article 8. Air Pollution, Sections 36–770 to 36–778, 36–779 to 36–779.07, 36–780, 36–780.01, 36–781 to 36–783, 36–784 to 36–784.04, 36–785, 36–785.01, 36–786 to 36–788, 36–789 to 36–789.02, 36–790, and 36–791. (B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air Pollution Control, Sections 36–1700 to 36–1702, 36–1704 to 36–1706, 36–1707 to 36–1707.06, 36–1708, 36–1720.02, and 36–1751 to 36–1753. (C) Previously approved on June 18, 1982 and now deleted without replacement Statutes 36–781, 36–782, 36–784, 36–784.01 to 36–784.04, 36–785, 36–785.01, and 36–786 to 36–788. (51) The following amendments to the plan were submitted on June 1, 1981, by the Governor's designee. (i) Pima County Health Department. (A) New or amended Regulation 14: Rule 142; Regulation 20: Rule 204; Regulation 24: Rule 242; Regulation 26: Rule 261; Regulation 50: Rule 504; Regulation 61: Rule 611 (Paragraph A); Regulation 70: Rule 706 (Paragraphs D.1 and D.2); and Regulation 91: Rule 911 (Methods 19 and 20). (B) Previously approved on April 16, 1982 and now deleted without replacement Rule 142. (52) The following amendments to the plan were submitted on August 5, 1981, by the Governor's designee. (i) Arizona State Rules and Regulations for Air Pollution Control. (A) New or amended Rules R9–3–1002, R9–3–1003, R9–3–1005, R9–3–1006, R9–3–1008, R9–3–1010 to R9–3–1014, R9–3–1016, R9–3–1019, R9–3–1023, R9–3–1025, R9–3–1027, and R9–3–1030. (ii) Arizona Revised Statutes. (A) Inspection and Maintenance—Chapter 14, Article 3. Annual Emissions Inspection of Motor Vehicles, Sections 36–1771 to 36–1775, 36–1708.01, 36–1709 to 36–1711, 36–1712 to 36–1712.04, 36–1713, 36–1713.01, 36–1714 to 36–1717, 36–1718, 36–1718.01, 36–1719, 36–1720, and 36–1776 to 36–1780. (B) Previously approved on June 18, 1982 and now deleted without replacement Statutes 36–1709 to 36–1712, 36–1712.01 to 36–1712.04, 36–1713, 36–1713.01, and 36–1714 to 36–1716. (53) The following amendments to the plan were submitted on March 8, 1982, by the Governor's designee. (i) Maricopa County Bureau of Air Pollution Control Rules and Regulations. (A) Rules 2 (Nos. 11 and 33, and deletion of Nos. 18, 49, 50, 52, and 54), 28 and 33. (ii) The Improvement Schedules for Transit System and Rideshare Program in Metropolitan Pima County. (54) The following amendments to the plan were submitted on June 3, 1982 by the Governor's designee. (i) Arizona State Rules and Regulations for Air Pollution Control. (A) New or amended Rule R9–3–515 Paragraphs C to C.1. and C.1.i.; C.3.a. and C.3.d. to C.3.g.; C.4. and C.4.h.; C.5.a.; C.6.a. and C.6.b.iv.; and C.9.). (B) New or amended rules R9–3–101 (Nos. 3, 7, 8, 17, 18, 19, 20, 21, 29, 34, 35, 37, 56, 61, 62, 63, 68, 69, 75, 77, 78, 79, 88, 89, 90, 91, 98, 99, 101, 117, 122, 129, 133, 136, 146, and 157; 53 and 123 are deleted); R9–3–217; R9–3–301; R9–3–304; R9–3–305; R9–3–306 (paragraph A only); R9–3–320 (Repealed and Reserved); R9–3–1101 (paragraphs A, C, and D); Appendix 1; and Appendix 2. (C) New or amended rules R9–3–101 (Nos. 4 to 6, 9 to 16, 22 to 28, 30 to 33, 36, 38 to 55, 57 to 60, 64 to 67, 70 to 74, 76, 80 to 87, 92 to 97, 100, 102 to 116, 118 to 121, 123 to 128, 130 to 132, 134, 135, 137 to 141, 142 to 145, 147 to 156, and 158 are renumbered only); R9–3–219; R9–3–502 (paragraph A to A.1 and A.2); R9–3–505 (paragraph B to B.1, B.2, B.3, and B.4); R9–3–508 (paragraph B to B.1, B.2, and B.5); R9–3–511 (paragraph A to A.1 and A.2); R9–3–513 (paragraph A to A.1 and A.2); R9–3–516 (paragraph A to A.1 and A.2); R9–3–517 (paragraph A to A.1); R9–3–518 (paragraph A to A.1 and A.2); R9–3–520 (paragraph A to A.1 and A.2); R9–3–521 (paragraph A to A.1 and A.2); R9–3–522 (paragraph A to A.1 and A.2); and Appendix 8 (Sections A8.3.1 and A8.3.2). (D) New or amended rules R9–3–302 (paragraphs A–H); and R9–3–303 (paragraphs A to C and E to I), adopted on May 26, 1982. (E) Previously approved and now removed (without replacement) rule R9–3–101, No. 46. (55) The following amendments to the plan were submitted by the Governor's designee on March 4, 1983. (i) Incorporation by reference. (A) Maricopa County Health Department, Bureau of Air Quality Control. (1) New or amended rule 21.0:A-C, D.1.a-d, and E adopted on October 25, 1982. (56) The following amendments to the plan were submitted on February 3, 1984, by the Governor's designee. (i) Arizona State Rules and Regulations for Air Pollution Control. (A) New or amended rules R9–101 (Nos. 98 and 158), R9–3–201 to R9–3–207, R9–3–215, R9–3–218, R9–3–310, R9–3–322, R9–3–402, R9–3–404, R9–3–502, R9–3–515 (paragraph C.3., C.5., and C.6.b.v.), R9–3–529, R9–3–1101, and Appendices 1 and 11. (B) New or amended rules R9–3–101, Nos. 135 and 157, adopted on September 19, 1983. (57) The following amendments to the plan were submitted by the Governor's designee on April 17, 1985. (i) Incorporation by reference. (A) Maricopa County Health Department, Bureau of Air Quality Control. (1) New or amended regulations: rule 21.0: D.1., D.1.e, f, and g adopted on July 9, 1984. (58) The following amendments to the plan were submitted by the Governor's designee on October 18, 1985. (i) Incorporation by reference. (A) Pima County Health Department. (1) New or amended regulations: Regulation 16: Rule 166; Regulation 17; Rules 171 and 175; Regulation 20: Rule 202; Regulation 37: Rules 371, 372, 373, Figure 371–A, Figure 371–C, and Figure 372; and Regulation 38, Rule 381, A1, 2, 3, 4, 5, and B, adopted on December 6, 1983. (59) The following amendments to the plan were submitted by the Governor's designee on October 24, 1985. (i) Incorporation by reference. (A) Arizona Department of Health Services. (1) New or amended rule R9–3–303, adopted on September 28, 1984. (60) The following amendments to the plan were submitted by the Governor's designee on October 5, 1987. (i) Incorporation by reference. (A) Arizona Department of Health Services. (1) New or amended rules R9–3–1001 (Nos. 8, 25, 33, 34, 38, 39, 40, and 43, No. 8), R9–3–1003, R9–3–1005, R9–3–1006, R9–3–1008, R9–3–1009, R9–3–1010, R9–3–1011, R9–3–1013, R9–3–1016, R9–3–1018, R9–3–1019, R9–3–1025, R9–3–1026, R9–3–1027, R9–3–1028, R9–3–1030, and R9–3–1031, adopted on December 23, 1986. (2) Previously approved and now removed (without replacement), Rule R9–3–1014. (B) The Maricopa Association of Governments (MAG) 1987 Carbon Monoxide (CO) Plan for the Maricopa County Area, MAC CO Plan Commitments for Implementation, and Appendix A through E, Exhibit 4, Exhibit D, adopted on July 10, 1987. (61) The following amendments to the plan were submitted by the Governor's designee on January 6, 1988. (i) Incorporation by reference. (A) The 1987 Carbon Monoxide State Implementation Plan Revision for the Tucson Air Planning Area adopted on October 21, 1987. (62) The following amendments to the plan were submitted by the Governor's designee on March 23, 1988. (i) Incorporation by reference. (A) Arizona Revised Statutes. (1) Senate Bill 1360: Section 6: ARS 15–1444–C (added), Section 7: QRS 15–1627–F (added), Section 21: ARS 49– 542–A (amended, Section 21: ARS 49–542–E (added), Section 21: ARS 49–542–J.3.(b) (amended), and Section 23: ARS 49–550–E (added), adopted on May 22, 1987. (2) Senate Bill 1360: Section 2: ARS 9-500.03 (added), Section 14: ARS 41–796.01 (added); Section 17: 49–454 (added), Section 18: 49–474.01 (added), and Section 25: ARS 49–571 (added), adopted on May 22, 1987. (63) The following amendments to the plan were submitted by the governor's designee on May 26, 1988: (i) Incorporation by reference. (A) Travel reduction ordinances for Pima County: Inter governmental Agreement (IGA) between Pima County, City of Tucson, City of South Tucson, Town of Oro Valley and Town of Marana, April 18, 1988; Pima County Ordinance No. 1988–72, City of Tucson ordinance No. 6914, City of South Tucson Resolutions No. 88–01, 88–05, Town of Oro Valley Resolutions No. 162, 326 and 327, Town of Marana Resolutions No. 88–06, 88–07 and Ordinance No. 88.06. (64) The following amendments to the plan were submitted by the Governor's designee on June 1, 1988. (i) Incorporation by reference. (A) Letter from the Arizona Department of Environmental Quality, dated June 1, 1988, committing to administer the provisions of the Federal New Source Review regulations consistent with EPA's requirements. The commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source or major modification as defined in 40 Code of Federal Regulations, part 51, subpart I. (65) The following amendments to the plan were submitted by the Governor's designee on July 18, 1988. (i) Incorporation by reference. (A) Arizona Revised Statutes. (1) House Bill 2206, Section 2: ARS 15–1627 (amended); Section 6: Title 28, ARS Chapter 22, Article 1, ARS 28–2701, ARS 28–2702, ARS 28–2703, ARS 28–2704, and ARS 28–2705 (added); Section 7: ARS 41.101.03 (amended); Section 9: ARS 41–2605 (amended); Section 10: ARS 41–2066 (amended); Section 11: ARS 41–2083 (amended); Section 13: Title 41, Chapter 15, Article 6, ARS 41–2121: Nos. 1, 3, 4, 5, 6, 7, 8, and 9, ARS 41–2122, ARS 41–2123, ARS 41–2124 (added); Section 15: Title 49, Chapter 3, Article 1, ARS 49–403 to 49–406 (added); Section 17: Title 49, Chapter 3, Article 3, ARS 49–506 (added); Section 18; ARS 49–542 (amended); Section 19: ARS 49–550 (amended); Section 20: ARS 49–551 (amended); Section 21: Title 49, Chapter 3, Article 5, ARS 49–553 (added), Section 22: ARS 49–571 (amended); Section 23: Title 49, Chapter 3, Article 8, ARS 49–581, ARS 49–582, ARS 49–583, ARS 49–584, ARS 49–585; ARS 49–586, ARS 49–588, ARS 49–590, and ARS 49–593 (added); Section 25: Definition of major employer, Section 27: Appropriations; Section 29: Delayed effective dates, adopted on June 28, 1988. (2) House Bill 2206 section 6 which added, under Arizona Revised Statutes, title 28, chapter 22, new sections 28–2701 through 28–2708, and section 13 which added, under Arizona Revised Statutes, title 41, chapter 15, Article 6 new sections 41–2125A and 41–2125B. (Oxygenated fuels program for Pima County.) (66) The following amendments to the plan were submitted by the Governor's designee on July 22, 1988. (i) Incorporation by reference. (A) Letter from the Pima County Health Department, Office of Environmental Quality, dated April 24, 1988 committing to administer the New Source Review provisions of their regulations consistent with EPA's requirements. The commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source of major modification as defined in 40 Code of Federal Regulations, part 51, subpart I. (B) Letter from Maricopa County Department of Health Services, Division of Public Health, dated April 28, 1988 and submitted to EPA by the Arizona Department of Environmental Quality July 25, 1988, committing to administer the New Source Review provisions of their regulations, consistent with EPA's requirements. These commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source or major modification as defined in the Code of Federal Regulations, part 51, subpart I. (C) Addendum to MAG 1987 Carbon Monoxide Plan for the Maricopa County Nonattainment Area, July 21, 1988 (supplemental information related to the SIP revision of July 18, 1988). (D) Commitment in the July 22, 1988 submittal letter to apply the oxygenated fuels program of the July 18, 1988 submittal to Pima County. (67) Regulations for the Maricopa County Bureau of Air Pollution Control were submitted on January 4, 1990 by the Governor's designee. (i) Incorporation by reference. (A) Amended regulations: Regulation II, rule 220 and Regulation III, rule 335, both adopted July 13, 1988. (B) Amended Maricopa County Division of Air Pollution Control Rule 314, adopted July 13, 1988. (C) Amended Regulation VI, Rule 600, revised on July 13, 1988. (D) Rules 312 and 314, adopted on July 13, 1998. (68) The following amendments to the plan were submitted by the Governor's designee on June 11, 1991. (i) Incorporation by reference. (A) Arizona Revised Statutes. (1) House Bill 2181 (approved, May 21, 1991), section 1: Arizona Revised Statute (A.R.S.) 41–2065 (amended); section 2: A.R.S. 41–2083 (amended); section 3: A.R.S. section 41–2122 (amended); section 4: A.R.S. Section 41–2123 (amended); and section 5: A.R.S. section 41–2124 (repealed). (69) The following amendment to the plan was submitted by the Governor's designee on May 27, 1994. (i) Incorporation by reference. (A) Maricopa County Bureau of Air Pollution Control stage II vapor recovery program, adopted on August 27, 1993. (70) New and amended regulations for the Maricopa County Environmental Services Department—Air Pollution Control were submitted on June 29, 1992, by the Governor's designee. (i) Incorporation by reference. (A) New Rules 337, 350, and 351, adopted on April 6, 1992. (71) New and amended regulations for the following agencies were submitted on August 15, 1994 by the Governor's designee. (i) Incorporation by reference. (A) Pinal County Air Quality Control District. (1) Chapter 1, Article 3, section 1–3–140, subsections 5, 15, 21, 32, 33, 35, 50, 51, 58, 59, 103, and 123, adopted on November 3, 1993; Chapter 3, Article 1, section 3–1–081(A)(8)(a), adopted on November 3, 1993; Chapter 3, Article 1, section 3–1–084, adopted on August 11, 1994; and Chapter 3, Article 1, section 3–1–107, adopted on November 3, 1993. (72) New and amended plans and regulations for the following agencies were submitted on November 13, 1992 by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on November 13, 1992. (B) Maricopa County Environmental Quality and Community Services Agency. (1) Rule 340, adopted on September 21, 1992. (73) [Reserved] (74) Plan revisions were submitted by the Governor's designee on March 3, 1994. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department new Rule 316, adopted July 6, 1993, and revised Rule 311, adopted August 2, 1993. Note: These rules are restored as elements of the State of Arizona Air Pollution Control Implementation Plan effective September 3, 1997. (B) [Reserved] (75) Program elements submitted on November 14, 1994, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Basic and Enhanced Inspection and Maintenance Vehicle Emissions Program. Adopted on September 15, 1994. (76) Program elements were submitted on February 1, 1995 by the Governor's designee. (i) Incorporation by reference. (A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on February 1, 1995. (77) Amended regulations for the following agency were submitted on December 19, 1994, by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department. (1) Rule 334, adopted on September 20, 1994. (78) New and amended regulations for the Maricopa County Environmental Services Department—Air Pollution Control were submitted on February 4, 1993, by the Governor's designee. (i) Incorporation by reference. (A) New Rule 352, adopted on November 16, 1992. (B) Rule 100, Section 504 adopted on November 16, 1992. (C) Rule 339, adopted on November 16, 1992. (79) New and amended regulations for the following agencies were submitted on June 29, 1992 by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Quality and Community Services Agency. (1) Rule 353, adopted on April 6, 1992. (80) New and amended regulations for the following agencies were submitted on August 10, 1992 by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Quality and Community Services Agency. (1) Rules 331 and 333, adopted on June 22, 1992. (81) Amended regulation for the following agency was submitted on August 16, 1994, by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department. (1) Rule 341, adopted on August 5, 1994. (82) New and amended rules and regulations for the Maricopa County Environmental Services Department—Air Pollution Control were submitted on August 31, 1995, by the Governor's designee. (i) Incorporated by reference. (A) Rule 343, adopted on February 15, 1995. (B) [Reserved] (C) Rule 351, revised on February 15, 1995. (D) Rule 318 and Residential Woodburning Restriction Ordinance, adopted on October 5, 1994. (E) Maricopa County. (1) Ordinance P–7, Maricopa County Trip Reduction Ordinance, adopted May 26, 1994. (83) New and revised rules and regulations for the Maricopa County Environmental Services Department-Air Pollution Control were submitted on February 26, 1997, by the Governor's designee. (i) Incorporation by reference. (A) Rules 331, 333, and 334, revised on June 19, 1996, and Rule 338, adopted on June 19, 1996. (B) Rule 336, adopted on July 13, 1988 and revised on June 19, 1996. (84) Amended regulations for the Pinal County Air Quality Control District were submitted on November 27, 1995, by the Governor's designee. (i) Incorporation by reference. (A) Rules 1–1–020, 1–1–030, 1–1–040, 1–1–060, 1–1–070, 1–1–080, 1–1–100, 1–2–110, 2–1–010, 2–1–020, 2–1–030, 2–1–040, 2–1–050, 2–1–060, 2–1–070, 2–2–080, 2–2–090, 2–3–100, 2–3–110, 2–4–120, 2–4–130, 2–4–140, 2–4–150, 2–5–170, 2–5–210, 2–6–220, 2–7–230, 2–7–240, 2–7–250, 2–7–260, 2–7–270, 3–1–020, 3–1–132, adopted on June 29, 1993. (B) Rules 1–1–090, 1–2–120, 3–1–010, 3–1–030, 3–1–055, 3–1–065, 3–1–070, 3–1–082, 3–1–085, 3–1–087, 3–1–090, 3–1–102, 3–1–105, 3–1–110, 3–1–120, 3–1–140, 3–1–150, 3–1–160, 3–1–170, 3–1–173, 3–1–175, 3–1–177, 3–2–180, 3–2–185, 3–2–190, 3–2–195, 3–3–200, 3–3–203, 3–3–205, 3–3–260, 3–3–270, 3–3–275, 3–3–280, adopted on November 3, 1993. (C) Rules 1–1–010, 1–1–106, 2–5–190, 2–5–200, 3–1–042, 3–1–060, 3–1–081, 3–1–083, 3–1–084, 3–1–089, 3–1–103, 3–1–107, 3–1–109, 3–3–210, 3–3–250, adopted on February 22, 1995. (D) Rules 1–3–130, 1–3–140, 2–5–160, 2–5–180, 3–1–040, 3–1–050, adopted on October 12, 1995. (E) Rules 5–22–950, 5–22–960, and 5–24–1045 codified on February 22, 1995. (F) Amendments to Rules 5–18–740, 5–19–800, and 5–24–1055 adopted on February 22, 1995. (G) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(A) of this section and now deleted without replacement, Rule 3–1–020. (H) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(D) of this section and now deleted without replacement, Rule 1–3–130. (I) Rules 2–8–280, 2–8–290, 2–8–300, 2–8–310, and 2–8–320, adopted on June 29, 1993. (J) Rules 3–8–700 and 3–8–710, amended on February 22, 1995. (K) Rule 5–24–1040, codified on February 22, 1995. (85) New and revised rules and regulations for the Maricopa County Environmental Services Department-Air Pollution Countrol were submitted on March 4, 1997, by the Governor's designee. (i) Incorporation by reference. (A) Rule 337, revised on November 20, 1996, and Rules 342 and 346, adopted on November 20, 1996. (86) [Reserved] (87) New and amended fuel regulations for the following Arizona Department of Environmental Quality plan revisions were submitted on April 29, 1997, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Revised Statutes. (1) Section 13 of H.B, 2001 (A.R.S. §41–2083(E)), adopted on November 12, 1993. (88) Plan revisions were submitted on May 7, 1997 by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department. (1) Rule 310, adopted September 20, 1994. (2) Resolution To Improve the Administration of Maricopa County's Fugitive Dust Program and to Foster Interagency Cooperation, adopted May 14, 1997. (B) The City of Phoenix, Arizona. (1) A Resolution of the Phoenix City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted April 9, 1997. (C) The City of Tempe, Arizona. (1) A Resolution of the Council of the City of Tempe, Arizona, Stating Its Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 27, 1997. (D) The Town of Gilbert, Arizona. (1) A Resolution of the Mayor and the Common Council of the Town of Gilbert, Maricopa County, Arizona, Providing for the Town's Intent to Work Cooperatively with Maricopa County, Arizona, to Control the Generation of Fugitive Dust Pollution, adopted April 15, 1997. (E) The City of Chandler, Arizona. (1) A Resolution of the City Council of the City of Chandler, Arizona, Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 27, 1997. (F) The City of Glendale, Arizona. (1) A Resolution of the Council of the City of Chandler, Maricopa County, Arizona, Stating Its Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 25, 1997. (G) The City of Scottsdale, Arizona. (1) A Resolution of the Scottsdale City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 31, 1997. (H) The City of Mesa, Arizona. (1) A Resolution of the Mesa City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Particulate Air Pollution and Directing City Staff to Develop a Particulate Pollution Control Ordinance Supported by Adequate Staffing Levels to Address Air Quality, adopted April 23, 1997. (89) Plan revisions were submitted on September 12, 1997 by the Governer's designee. (i) Incorporation by reference. (A) Arizona Cleaner Burning Gasoline Interim rule submitted as a revision to the Maricopa Country Ozone Nonattainment Area Plan, adopted on September 12, 1997. (90) Plan revisions were submitted on January 21, 1998 by the Governer's designee. (i) Incorporation by reference. (A) Arizona Cleaner Burning Gasoline Interim rule submitted as a revision to the PM–10 Maricopa County State Implementation Plan, adopted on September 12, 1997. (91) The following amendments to the plan were submitted on October 6, 1997 by the Governor's designee. (i) Incorporation by reference. (A) 1996 Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (as updated August, 1997). (1) Base year (1994) emissions inventory and contingency plan, including commitments to follow maintenance plan contingency procedures by the Pima Association of Governments and by the member jurisdictions: the town of Oro Valley, Arizona (Resolution No. (R) 96–38, adopted June 5, 1996), the City of South Tucson (Resolution No. 96–16, adopted on June 10, 1996), Pima County (Resolution and Order No. 1996–120, adopted June 18, 1996), the City of Tucson (Resolution No. 17319, adopted June 24, 1996), and the town of Marana, Arizona (Resolution No. 96–55, adopted June 18, 1996). (B) Arizona Revised Statutes. Senate Bill 1002, Sections 26, 27 and 28: ARS 41–2083 (amended), 41–2122 (amended), 41–2125 (amended), adopted on July 18, 1996. (92) Plan revisions were submitted on March 3, 1995, by the Governor's designee. (A) Arizona State Administrative Code Title 18, Chapter 2, Article 14, adopted on December 23, 1994. (93) Plan revisions were submitted on September 4, 1998 by the Governor's designee. (i) Incorporation by reference. (A) Arizona Revised Statute 49–457. (94) New and amended rules and regulations for the Maricopa County Environmental Services Department-Air Pollution Control were submitted on August 4, 1999, by the Governor's designee. (i) Incorporation by reference. (A) Rule 336, adopted on July 13, 1988 and revised on April 7, 1999 and Rule 348, adopted on April 7, 1999. (B) Rule 318 and Residential Woodburning Restriction Ordinance, revised on April 21, 1999. (C) Rule 347, adopted on March 4, 1998. (D) Rule 316, adopted on April 21, 1999. (E) Rule 344, adopted on April 7, 1999. (F) Rule 349, adopted on April 7, 1999. (G) Rule 331, revised on April 7, 1999. (95) The following amendments to the plan were submitted on August 11, 1998 by the Governor's designee. (i) Incorporation by reference. (A) Arizona Revised Statutes. (1) Senate Bill 1427, Section 14: ARS 49–401.01 (amended) and Section 15: 49–406 (amended), approved on May 29, 1998. (96) The following amendments to the plan were submitted on September 1, 1999 by the Governor's designee. (i) Incorporation by reference. (A) Arizona Revised Statutes. (1) House Bill 2254, Section 1: ARS 41–3009.01 (amended); Section 2: 49–541.01 (amended); Section 3: 49–542 (amended); Section 4: 49–545 (amended); Section 5: 49–557 (amended); Section 6: 49–573 (amended); Section 7: 41–803 (amended) and Section 8: 41–401.01 (amended), adopted on May 18, 1999. (2) House Bill 2189, Section 3: ARS 41–796.01 (amended); Section 9: 41–2121 (amended); Section 40: 49–401.01 (amended), Section 41: 49–402 (amended); Section 42: 49–404 (amended): Section 43:49–454 (amended); Section 44: 49–541 (amended); and Section 46: 49–571 (amended), adopted on May 18, 1999 (97) New and amended rules for the Arizona Department of Environmental Quality were submitted on March 26, 2001, by the Governor's designee. (i) Incorporation by reference. (A) Rules R18–2–310 and R18–2–310.01 effective on February 15, 2001. (98) Plan revisions were submitted on July 11, 2000 by the Governor's designee. (i) Incorporation by reference. (A) Arizona Administrative Code R18–2–610 and R18–2–611 effective May 12, 2000. (99) Plan revisions submitted on January 28, 2000 by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County, Arizona. (1) Residential Woodburning Restriction Ordinance adopted on November 17, 1999. (100) Plan revisions submitted on February 16, 2000 by the Governor's designee. (i) Incorporation by reference. (A) Maricopa Association of Governments, Maricopa County, Arizona. (1) Resolution to Adopt the Revised MAG 1999 Serious Area Particulate Plan for PM–10 for the Maricopa County Nonattainment Area (including Exhibit A, 2 pages), adopted on February 14, 2000. (B) City of Avondale, Arizona. (1) Resolution No. 1711–97; A Resolution of the City Council of the City of Avondale, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 14 pages), adopted on September 15, 1997. (2) Resolution No. 1949–99; A Resolution of the Council of the City of Avondale, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted on February 16, 1999. (C) Town of Buckeye, Arizona. (1) Resolution No. 15–97; A Resolution of the Town Council of the Town of Buckeye, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 5 pages), adopted on October 7, 1997. (D) Town of Carefree, Arizona. (1) Town of Carefree Resolution No. 97–16; A Resolution of the Mayor and Common Council of the Town of Carefree, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 3 pages), adopted on September 2, 1997. (2) Town of Carefree Resolution No. 98–24; A Resolution of the Mayor and Common Council of the Town of Carefree, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 4 pages), adopted on September 1, 1998. (3) Town of Carefree Ordinance No. 98–14; An Ordinance of the Town of Carefree, Maricopa County, Arizona, Adding Section 10–4 to the Town Code Relating to Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages), adopted on September 1, 1998. (E) Town of Cave Creek, Arizona. (1) Resolution R97–28; A Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on September 2, 1997. (2) Resolution R98–14; A Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 1 page), adopted on December 8, 1998. (F) City of Chandler, Arizona. (1) Resolution No. 2672; A Resolution of the City Council of the City of Chandler, Arizona To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 16 pages), adopted on August 14, 1997. (2) Resolution No. 2929; A Resolution of the City Council of the City of Chandler, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 9 pages), adopted on October 8, 1998. (G) City of El Mirage, Arizona. (1) Resolution No. R97–08–20; Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 8 pages), adopted on August 28, 1997. (2) Resolution No. R98–08–22; A Resolution of the Mayor and Common Council of the City of El Mirage, Arizona, Amending Resolution No. R98–02–04 To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 5 pages), adopted on August 27, 1998. (3) Resolution No. R98–02–04; A Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 5 pages), adopted on February 12, 1998. (H) Town of Fountain Hills, Arizona. (1) Resolution No. 1997–49; A Resolution of the Common Council of the Town of Fountain Hills, Arizona, Adopting the MAG 1997 Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area and Committing to Certain Implementation Programs (including Exhibit B, 5 pages and cover), adopted on October 2, 1997. (2) Town of Fountain Hills Resolution No. 1998–49; Resolution To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted on October 1, 1998. [Incorporation Note: Incorporated materials are pages 4 to 10 of the 11-page resolution package; pages 1 and 2 are cover sheets with no substantive content and page 11 is a summary of measures previously adopted by the Town of Fountain Hills.] (I) Town of Gilbert, Arizona. (1) Resolution No. 1817; A Resolution of the Common Council of the Town of Gilbert, Maricopa County, Arizona, Authorizing the Implementation of the MAG 1997 Serious Area Particulate Plan for PM–10 and the MAG Serious Area Carbon Monoxide Plan for the Maricopa County Area (including 15 pages of attached material), adopted on June 10, 1997. (2) Resolution No. 1864; A Resolution of the Common Council of the Town of Gilbert, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Attachment A, 5 pages), adopted on November 25, 1997. [Incorporation note: Attachment A is referred to as Exhibit A in the text of the Resolution.] (3) Ordinance 1066; An Ordinance of the Common Council of the Town of Gilbert, Arizona Amending the Code of Gilbert by Amending Chapter 30 Environment, by adding New Article II Fireplace Restrictions Prescribing Standards for Fireplaces, Woodstoves, and Other Solid-Fuel Burning Devices in New Construction; Providing for an Effective Date of January 1, 1999; Providing for Repeal of Conflicting Ordinances; Providing for Severability (3 pages), adopted on November 25, 1997. (4) Resolution No. 1939: A Resolution of the Common Council of the Town of Gilbert, Arizona, Expressing its Commitment to Implement Measures in the Maricopa Association of Governments (MAG) 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Attachment A, 5 pages), adopted on July 21, 1998. [Incorporation note: Attachment A is referred to as Exhibit A in the text of the Resolution.] (J) City of Glendale, Arizona. (1) Resolution No. 3123 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 20 pages), adopted on June 10, 1997. (2) Resolution No. 3161 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 6 pages), adopted on October 28, 1997. (3) Resolution No. 3225 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 9 pages), adopted on July 28, 1998. (K) City of Goodyear, Arizona. (1) Resolution No. 97–604 Carbon Monoxide Plan; A Resolution of the Council of the City of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 21 pages), adopted on September 9. [Incorporation note: Adoption year not given on the resolution but is understood to be 1997 based on resolution number.] (2) Resolution No. 98–645; A Resolution of the Council of the City of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Attachment III, 7 pages), adopted on July 27, 1998. (L) City of Mesa, Arizona. (1) Resolution No. 7061; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 13 pages plus index page), adopted on June 23, 1997. (2) Resolution No. 7123; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 10 pages), adopted on December 1, 1997. (3) Resolution No. 7360; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on May 3, 1999. (4) Ordinance No. 3434; An Ordinance of the City Council of the City of Mesa, Maricopa County, Arizona, Relating to Fireplace Restrictions Amending Title 4, Chapter 1, Section 2 Establishing a Delayed Effective Date; and Providing Penalties for Violations (3 pages), adopted on February 2, 1998. (M) Town of Paradise Valley, Arizona. (1) Resolution Number 913; A Resolution of the Town of Paradise Valley, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 9 pages), adopted on October 9, 1997. (2) Resolution Number 945; A Resolution of the Mayor and Town Council of the Town of Paradise Valley, Arizona, to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 5 pages), adopted on July 23, 1998. (3) Ordinance Number 454; An Ordinance of the Town of Paradise Valley, Arizona, Relating to Grading and Dust Control, Amending Article 5–13 of the Town Code and Sections 5–13–1 Through 5–13–5, Providing Penalties for Violations and Severability (5 pages), adopted on January 22, 1998. [Incorporation note: There is an error in the ordinance's title, ordinance amended only sections 5–13–1 to 5–13–4; see section 1 of the ordinance.] (4) Ordinance Number 450; An Ordinance of the Town of Paradise Valley, Arizona, Adding Section 5–1–7 to the Town Code Relating to Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages), adopted on December 18, 1997. (N) City of Peoria, Arizona. (1) Resolution No. 97–37; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibits A, 5 pages, and B, 19 pages), adopted on June 17, 1997. (2) Resolution No. 97–113; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area and Directing the Recording of This Resolution with the Maricopa County Recorder and Declaring an Emergency (including Exhibit A, 8 pages plus index page), adopted on October 21, 1997. (3) Resolution No. 98–107; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Approve and Authorize the Acceptance to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted on July 21, 1998. (O) City of Phoenix, Arizona. (1) Resolution No. 18949; A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, 19 pages), adopted on July 2, 1997. (2) Resolution No. 19006; A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, 13 pages), adopted on November 19, 1997. (3) Ordinance No. G4037; An Ordinance Amending Chapter 39, Article 2, Section 39–7 of the Phoenix City Code by Adding Subsection G Relating to Dust Free Parking Areas; and Amending Chapter 36, Article XI, Division I, Section 36–145 of the Phoenix City Code Relating to Parking on Non-Dust Free Lots, adopted on July 2, 1997 (5 pages). (4) Resolution No. 19141; A Resolution Stating the City's Intent to Implement Measures to Reduce Particulate Air Pollution (including Exhibit A, 10 pages), adopted on September 9, 1998. (5) Ordinance No. G4062; An Ordinance Amending the Phoenix City Code By Adding A New Chapter 40 “Environmental Protections,” By Regulating Fireplaces, Wood Stoves and Other Solid-Fuel Burning Devices and Providing that the Provisions of this Ordinance Shall Take Effect on December 31, 1998 (5 pages), adopted on December 10, 1997. (P) Town of Queen Creek, Arizona. (1) Resolution 129–97; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 3 pages), adopted on June 4, 1997. (2) Resolution 145–97; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 1 page), adopted on November 5, 1997. (3) Resolution 175–98; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1998 Serious Area Particulate Plan for the Maricopa County Area (including Exhibit A, 9 pages), adopted on September 16, 1998. (Q) City of Scottsdale, Arizona. (1) Resolution No. 4864; A Resolution of the City of Scottsdale, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area: Stating the Council's Intent to Implement Certain Control Measures Contained in that Plan (including Exhibit A, 21 pages), adopted on August 4, 1997. (2) Resolution No. 4942; Resolution of the Scottsdale City Council To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 13 pages), adopted on December 1, 1997. (3) Resolution No. 5100; A Resolution of the City of Scottsdale, Maricopa County, Arizona, To Strengthen Particulate Dust Control and Air Pollution Measures in the Maricopa County Area (including Exhibit A, 10 pages), adopted on December 1, 1998. (R) City of Surprise, Arizona. (1) Resolution No. 97–29; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on June 12, 1997. (2) Resolution No. 97–67; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 3 pages), adopted on October 23, 1997. (3) Resolution No. 98–51; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 6 pages), adopted on September 10, 1998. (S) City of Tempe, Arizona. (1) Resolution No. 97.39; Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 18 pages), adopted on June 12, 1997. (2) Resolution No. 97.71, Resolution of the Council of the City of Tempe Stating Its Intent to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 6 pages), adopted on November 13, 1997. (3) Resolution No. 98.42, Resolution of the Council of the City of Tempe Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on September 10, 1998. (T) City of Tolleson, Arizona. (1) Resolution No. 788, A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures in the Maricopa Association of Governments (MAG) 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 12 pages), adopted on June 10, 1997. (2) Resolution No. 808, A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures in the Maricopa Association of Governments (MAG) 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A), adopted on July 28, 1998. (3) Ordinance No. 376, N.S., An Ordinance of the City of Tolleson, Maricopa County, Arizona, Amending Chapter 7 of the Tolleson City Code by Adding a New Section 7–9, Prohibiting the Installation or Construction of a Fireplace or Wood Stove Unless It Meets the Standards Set Forth Herein (including Exhibit A, 4 pages), adopted on December 8, 1998. (U) Town of Wickenburg, Arizona. (1) Resolution No. 1308, Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on August 18, 1997. (V) Town of Youngtown, Arizona. (1) Resolution No. 97–15, Resolution To Implement Measures in the MAG 1997 Serious Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on September 18, 1997. (2) Resolution No. 98–15: Resolution To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on August 20, 1998. (3) Resolution No 98–05: Resolution Stating Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution (including Exhibit A, 2 pages), adopted February 19, 1998. (W) Maricopa County, Arizona. (1) Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1A998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 16 pages), adopted on June 25, 1997. [Incorporation note: “1A998” error in the original.] (2) Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 9 pages), adopted on November 19, 1997. (3) Resolution to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 10 pages), adopted on February 17, 1999. (4) Resolution to Implement Measures in the MAG 1999 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 10 pages), adopted on December 15, 1999. (X) Arizona Department of Transportation, Phoenix, Arizona. (1) Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 24 pages plus index page), adopted on June 20, 1997. (2) Resolution to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on July 17, 1998. (Y) Regional Public Transportation Authority, Phoenix, Arizona. (1) Resolution #9701: Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM–10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 23 pages), adopted on June 12, 1997. (Z) State of Arizona. (1) Arizona Revised Statute Section 49–542(F)(7) as added in Section 31 of Arizona Senate Bill 1002, 42nd Legislative Session, 7th Special Session (1996), approved by the Governor July 18, 1996. (101) Plan revisions submitted on March 2, 2000, by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department. (1) Rule 310 revised on February 16, 2000. (2) Rule 310.01 adopted on February 16, 2000. (3) Appendix C revised on February 16, 2000. (102) Plan revisions submitted on January 8, 2002, by the Governor's designee. (i) Incorporation by reference. (1) Maricopa County, Arizona. (1) Resolution to Update Control Measure 6 in the Revised MAG 1999 Serious Area Particulate Plan for PM–10 for the Maricopa County Area (including Exhibit A, 2 pages), adopted on December 19, 2001. (103) The following plan was submitted on February 7, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Bullhead City Moderate Area PM10 Maintenance Plan and Request for Redesignation to Attainment, adopted on February 7, 2002. (104) The following plan was submitted on March 29, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Payson Moderate Area PM10 Maintenance Plan and Request for Redesignation to Attainment, adopted on March 29, 2002. (B) [Reserved] (105) Amended rule for the following agency was submitted on March 22, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department. (1) Rule 314, revised on December 19, 2001. (106) Amended rule for the following agency was submitted on February 22, 2002, by the governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department. (1) Rule 140, revised on September 5, 2001. (107) Amended rules for the following agency were submitted on October 7, 1998 by the Governor's designee. (i) Incorporation by reference. (A) Pinal County Air Quality Control District. (1) Rule 1–3–140, adopted on June 29, 1993 and amended on July 29, 1998. (108) Revisions to the Arizona State Implementation Plan for the Motor Vehicle Inspection and Maintenance Programs, submitted on July 6, 2001. (i) Incorporation by reference. (A) Arizona Revised Statutes. (1) Section 49–551 as amended in Section 27 of Arizona Senate Bill 1427, 43rd Legislature, 2nd Regular Session (1998), approved by the Governor on May 29, 1998. (2) Section 49–544 as amended in Section 15 of Arizona Senate Bill 1007, 43rd Legislature, 4th Special Session (1998), approved by the Governor on May 20, 1998. (3) Section 49–541 as amended in Section 44 of Arizona House Bill 2189, 44th Legislature, 1st Regular Session (1999), approved by the Governor on May 18, 1999. (4) Section 49–542.01 repealed in Section 3 and Section 49–545 as amended in Section 5 of Arizona House Bill 2104, 44th Legislature, 2nd Regular session (2000), approved by the Governor on April 28, 2000. (5) Section 49–542.05 as added in Section 23 of Arizona Senate Bill 1004, 44th Legislature, 7th Special Session (2000), approved by the Governor on December 14, 2000. (B) Arizona Administrative Code. (1) Title 18, Chapter 2, Article 10 (except for AAC R 18–2–1020) “Motor Vehicles; Inspection and Maintenance” as adopted on December 31, 2000. (109) Revisions to the Arizona State Implementation Plan for the Motor Vehicle Inspection and Maintenance Programs, submitted on April 10, 2002 by the Governor's designee. (i) Incorporation by reference. (A) Arizona Revised Statutes. (1) Section 49–542 as amended in Section 9, Section 49–543 as amended in Section 11, and Section 49–541.01 repealed in Section 29 of Arizona House Bill 2538, 45th Legislature, 1st Regular Session (2001), approved by the Governor on May 7, 2001. (B) Arizona Administrative Code. (1) Amendments to AAC R 18–2–1006 and 18–2–1019, and the repeal of AAC R 18–2–1014 and R 18–2–1015 effective January 1, 2002. (110) New and amended regulations were submitted on July 15, 1998, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Rules R18–2–701, R18–2–710, R18–2–725, R18–2–727, R18–2–801, R18–2–802, R18–2–803, R18–2–804, and R18–2–805, amended on November 15, 1993. (2) Rules R18–2–715.02 and R18–2–715, Appendix 8 amended on November 15, 1993. (111) The following plan was submitted on June 18, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Ajo Sulfur Dioxide State Implementation and Maintenance Plan, adopted by Arizona Department of Environmental Quality on June 18, 2002. (112) Revised regulations were submitted on August 15, 2001, by the Governor's designee as part of the submittal entitled Arizona Cleaner Burning Gasoline Rule to Revise the State Implementation Plan for the Maricopa County Carbon Monoxide, Ozone, and PM10 Nonattainment Areas. The incorporated materials from this submittal supercede those included in the submittals entitled SIP Revision, Arizona Cleaner Burning Gasoline Permanent Rules—Maricopa County Ozone Nonattainment Area, submitted on February 24, 1999, and State Implementation Plan Revision for the Cleaner Burning Gasoline Program in the Maricopa County Ozone Nonattainment Area, submitted on March 29, 2001. (i) Incorporation by reference. (A) Arizona Administrative Code. (1) AAC R20–2–701, R20–2–716, R20–2–750 through 762, and Title 20, Chap. 2, Art. 7, Tables 1 and 2 (March 31, 2001). (113) Revised statutes were submitted on January 22, 2004, by the Governor's designee as part of the submittal entitled Supplement to Cleaner Burning Gasoline Program State Implementation Plan Revision. The incorporated materials from this submittal supercede those included in the submittals entitled SIP Revision, Arizona Cleaner Burning Gasoline Permanent Rules—Maricopa County Ozone Nonattainment Area, submitted on February 24, 1999, State Implementation Plan Revision for the Cleaner Burning Gasoline Program in the Maricopa County Ozone Nonattainment Area, submitted on March 29, 2001, and Arizona Cleaner Burning Gasoline Rule to Revise the State Implementation Plan for the Maricopa County Carbon Monoxide, Ozone, and PM10 Nonattainment Areas, submitted August 15, 2001. (i) Incorporation by reference. (A) Arizona Revised Statutes. (1) ARS sections 49–541(1)(a), (b), and (c), 41–2124, 41–2123, 41–2113(B)(4), 41–2115, and 41–2066(A)(2) (as codified on March 31, 2001). (114) The following plan was submitted on June 21, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Morenci Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan, adopted by the Arizona Department of Environmental Quality on June 21, 2002. (115) Amended regulations were submitted on January 16, 2004, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Rule 18–2–101 (Paragraphs 41 and 111), amended on November 15, 1993 and Rule R–18–2–702, amended on December 26, 2003. (116) New and amended regulations were submitted on September 12, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Rules R18–2–715 (sections F, G, and H) and R18–2–715.01 amended on August 9, 2002. (117) Amended regulation was submitted on July 28, 2004, by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department. (1) Rule 331 adopted on April 21, 2004. (118) The following plan was submitted on April 18, 2001, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Revised MAG 1999 Serious Area Carbon Monoxide Plan for the Maricopa County Nonattainment Area, dated March 2001, adopted by the Maricopa Association of Governments on March 28, 2001, and adopted by the Arizona Department of Environmental Quality on April 18, 2001. (119) The following plan was submitted on June 16, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) MAG Carbon Monoxide Redesignation Request and Maintenance Plan for the Maricopa County Nonattainment Area and Appendices, dated May 2003, adopted by the Arizona Department of Environmental Quality on June 16, 2003. (120) The following plan was submitted on September 13, 2004, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) 40 CFR 81.303, Attainment Status Designations—Arizona, Request for Technical Correction of Phoenix Planning Area (Maricopa County) PM–10 Serious Nonattainment Area Boundaries, dated September 13, 2004. (121) A plan revision was submitted on April 20, 2005 by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department. (1) Permit V98–004, condition 23, W.R. Meadows of Arizona, Inc., Goodyear, AZ, adopted on February 17, 2005. (122) A plan revision was submitted on April 25, 2005 by the Governor's designee. (i) Incorporation by reference. (A) Maricopa County Environmental Services Department. (1) Rule 358 adopted on April 20, 2005. (123) The following plan was submitted on December 7, 1998, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Letter and enclosures regarding Arizona's Intent to “Opt-out” of the Clean Fuel Fleet Program, adopted by the Arizona Department of Environmental Quality on December 7, 1998. (124) The following plan was submitted on December 14, 2000, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) Final Serious Area Ozone State Implementation Plan for Maricopa County, dated December 2000, adopted by the Arizona Department of Environmental Quality on December 14, 2000. (125) The following plan was submitted on April 21, 2004, by the Governor's designee. (i) Incorporation by reference. (A) Arizona Department of Environmental Quality. (1) One-Hour Ozone Redesignation Request and Maintenance Plan for the Maricopa County Nonattainment Area, dated March 2004, adopted by the Maricopa Association of Governments Regional Council on March 26, 2004 and adopted by the Arizona Department of Environmental Quality on April 21, 2004. (126)–(128) [Reserved] (129) The following amended rule was submitted on September 12, 2005, by the Governor's designee. (i) Incorporation by reference. (A) Pinal County Air Quality Control District. (1) Rule 2–8–300, adopted on June 29, 1993 and amended on May 18, 2005. [37 FR 10849, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.120, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.121 Classification of regions. top The Arizona plan is evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Classifications AQCR (constituent counties) ------------------------------------------------- PM SOX NO2 CO O3 ---------------------------------------------------------------------------------------------------------------- Maricopa Intrastate (Maricopa)................................ I III III I I Pima Intrastate (Pima)........................................ I II III III I Northern Arizona Intrastate (Apache, Coconino, Navajo, I III III III III Yavapai)..................................................... Mohave-Yuma Intrastate (Mohave, Yuma)......................... I III III III III Central Arizona Intrastate (Gila, Pinal)...................... I IA III III III Southeast Arizona Intrastate (Cochise, Graham, Greenlee, Santa I IA III III III Cruz)........................................................ ---------------------------------------------------------------------------------------------------------------- [45 FR 67345, Oct. 10, 1980] § 52.122 Negative declarations. top (a) The following air pollution control districts submitted negative declarations for volatile organic compound source categories to satisfy the requirements of section 182 of the Clean Air Act, as amended. The following negative declarations are approved as additional information to the State Implementation Plan. (1) Maricopa County Environmental Services Department. (i) Refinery Sources (Refinery Process Turnarounds), Automobile and Light Duty Trucks, Magnet Wire, Flatwood Paneling, Pharmaceuticals and Cosmetic Manufacturing Operations, Rubber Tire Manufacturing, Polymer Manufacturing, Industrial Wastewater, Ship Building and Repair, Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch Processing, SOCMI Reactors, and SOCMI Distillation were adopted on April 26, 2000 and submitted on December 14, 2000. (ii) Fiberglass Boat Manufacturing was adopted on March 24, 2004 and submitted on April 21, 2004. (b) [Reserved] [67 FR 54743, Aug. 26, 2002, as amended at 70 FR 7041, Feb. 10, 2005] § 52.123 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approved Arizona's plan for the attainment of the national standards. (b) With the exception set forth in §§52.130 and 52.135, the Administrator approves the inspection and maintenance (I/M) program for motor vehicles; the carpool matching program; certain transit improvements; and certain traffic flow improvement and site-specific traffic control measures. (c) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph. (1) For TSP, the portion of the Tucson TSP Air Planning Area falling both within the area described by connecting the geographic points in the order listed below in this paragraph and within the townships and sections described below in this paragraph: Latitude 32°38.5' N, Longitude 111°24.0' W Latitude 32°26.5' N, Longitude 110°47.5' W Latitude 32°12.5' N, Longitude 110°32.5' W Latitude 31°49.5' N, Longitude 110°25.5' W Latitude 31°42.0' N, Longitude 110°50.5' W Latitude 31°52.5' N, Longitude 111°12.5' W Latitude 31°24.5' N, Longitude 111°29.0' W (and return to initial point) T9S, R9–11E T10S, R9–13E T13S, R13E: sections 5, 8–10, 13–17, 20–28, 33–36, 6 (NE and SE quarters only) and 7 (NE and SE quarters only) T13S, R14E: sections 19–21, 26–35 T14S, R13E: sections 1–3, 10–14, 23–25 T14S, R14E: sections 3–9, 17–19, 30 T17S, R19E T18S, R19E T20S, R14–15E (d) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the State Implementation Plan (SIP) depends on the adoption and submittal by January 1, 1981, of reasonably available control technology (RACT) requirements for sources covered by Control Technique Guidelines (CTG's) published between January 1978 and January 1979. (1) Maricopa County Urban Planning Area for O3. (e) The Administrator finds that the plan does not satisfy all the requirements of Part D, Title I, of the Clean Air Act as amended in 1977 for the nonattainment and area pollutants listed in this paragraph. (1) Maricopa County Urban Planning Area for CO and TSP. (2) [Reserved] (3) The following portion of the Tucson TSP Air Planning Area: The area described by connecting the following geographic points in the order listed below: Latitude 32°38.5' N, Longitude 111°24.0' W Latitude 32°26.5' N, Longitude 110°47.5' W Latitude 32°12.5' N, Longitude 110°32.5' W Latitude 31°49.5' N, Longitude 110°25.5' W Latitude 31°42.0' N, Longitude 110°50.5' W Latitude 31°52.5' N, Longitude 111°12.5' W Latitude 31°24.5' N, Longitude 111°29.0' W (and return to initial point) Excluding the area within the following townships: T9S, R9–11E T10S, R9–13E T13S, R13E: sections 5, 8–10, 13–17, 20–28, 33–36, 6 (NE and SE quarters only) and 7 (NE and SE quarters only) T13S, R14E: sections 19–21, 26–35 T14S, R13E: sections 1–3, 10–14, 23–25 T14S, R14E: sections 3–9, 17–19, 30 T17S, R19E T18S, R19E T20S, R14–15E (f) Maricopa County PM–10 Nonattainment Area (Phoenix Planning Area). (1) Plan for Attainment of the 24-hour PM–10 Standard—Maricopa County PM–10 Nonattainment Area (May, 1997) submitted by the Arizona Department of Environmental Quality on May 7, 1997. (i) [Reserved] (ii) The Administrator approves the attainment and reasonable further progress demonstrations for the Maryvale PM–10 monitoring site and Salt River PM–10 monitoring site. (iii) The approvals in paragraphs (f)(1) (i) and (ii) of this section are applicable only to the plan identified in paragraph (f)(1) of this section and do not constitute the Administrator's final decision as to the State's full compliance with the requirements of Clean Air Act sections 189(a)(1)(C) and 189(b)(1)(B) for RACM and BACM and sections 189(a)(1)(B), 189(b)(1)(A) and 189(c)(1) for attainment and reasonable further progress. (g) Pursuant to the Federal planning authority in section 110(c) of the Clean Air Act, the Administrator finds that the applicable implementation plan for the Maricopa County ozone nonattainment area demonstrates the 15 percent VOC rate of progress required under section 182(b)(1)(A)(i). (h) Pursuant to the federal planning authority in section 110(c) of the Clean Air Act, the Administrator finds that the applicable implementation plan for the Maricopa County PM–10 nonattainment area provides for the implementation of reasonably available control measures as required by section 189(a)(1)(C) and demonstrates attainment by the applicable attainment date as required and allowed by sections 172(c)(2) and 189(a)(1)(B). (i) The Administrator approves the Maintenance Plan for the Tucson Air Planning Area submitted by the Arizona Department of Environmental Quality on October 6, 1997 as meeting requirements if section 175(A) of the Clean Air Act and the requirements of EPA's Limited Maintenance Plan option. The Administrator approves the Emmisions Inventory contained in the Maintenance Plan as meeting the requirements of section 172(c)(3) of the Clean Air Act. (j) The Administrator is approving the following elements of the Metropolitan Phoenix PM–10 Nonattainment Area Serious Area PM–10 Plan as contained in Revised Maricopa Association of Governments 1999 Serious Area Particulate Plan for PM–10 for the Maricopa County Nonattainment Area, February 2000, submitted February 16, 2000 and Maricopa County PM–10 Serious Area State Implementation Plan Revision, Agricultural Best Management Practices (BMP), ADEQ, June 2000, submitted on June 13, 2001: (1) 1994 Base year emission inventory pursuant to Clean Air Act section 172(c)(3). (2) The Provisions for implementing on all significant source categories reasonably available control measures (except for agricultural sources) and best available control measures for the annual and 24-hour PM–10 NAAQS pursuant to section Clean Air Act sections 189(a)(1)(c) and 189(b)(1)(b)). (3) The demonstration of the impracticability of attainment by December 31, 2001 for the annual and 24-hour PM–10 NAAQS pursuant to Clean Air Act section 189(b)(1)(A)(ii). (4) The demonstration of attainment by the most expeditious alternative date practicable for the annual and 24-hour PM–10 NAAQS pursuant to Clean Air Act section 189(b)(1)(A)(ii). (5) The demonstration of reasonable further progress for the annual and 24-hour PM–10 NAAQS pursuant to Clean Air Act section 172(c)(2). (6) The quantitative milestones for the annual and 24-hour PM–10 NAAQS pursuant to Clean Air Act section 189(c). (7) The inclusion of the most stringent measures for the annual and 24-hour PM–10 NAAQS pursuant to Clean Air Act section 188(e). (8) The demonstration that major sources of PM–10 precursors do not contribute significantly to violations for the annual and 24-hour PM–10 NAAQS pursuant to Clean Air Act section 189(e). (9) The contingency measures for the annual and 24-hour PM–10 NAAQS pursuant to Clean Air Act section 172(c)(9). (10) The transportation conformity budget for the annual and 24-hour PM–10 NAAQS pursuant to Clean Air Act section 176(c). (11) The provisions for assuring adequate resources, personnel, and legal authority to carry out the plan for the annual and 24-hour PM–10 NAAQS pursuant to Clean Air Act section 110(a)(2)(E)(i). (k) The Administrator approves the revised Enhanced Vehicle Inspection and Maintenance Program for the Maricopa County carbon monoxide and ozone nonattainment area submitted by the Arizona Department of Environmental Quality on July 6, 2001 and April 10, 2002 as meeting the requirements of Clean Air Act sections 182(c)(3) and 187(a)(6) and the requirements for high enhanced inspection and maintenance programs contained in 40 CFR part 51, subpart S. [38 FR 33373, Dec. 3, 1973, as amended at 48 FR 254, Jan. 4, 1983; 51 FR 3336, Jan. 27, 1986; 51 FR 33750, Sept. 23, 1986; 62 FR 41864, Aug. 4, 1997; 63 FR 28904, May 27, 1998; 63 FR 41350, Aug. 3, 1998; 65 FR 36358, June 8, 2000; 67 FR 48739, July 25, 2002; 68 FR 2914, Jan. 22, 2003] § 52.124 Part D disapproval. top (a) The following portions of the Arizona SIP are disapproved because they do not meet the requirements of Part D of the Clean Air Act. (1) The attainment demonstration, conformity and contingency portions of the 1987 Maricopa Association of Governments Carbon Monoxide Plan and 1988 Addendum. (2) [Reserved] (b)–(c) [Reserved] [56 FR 5478, Feb. 11, 1991, as amended at 62 FR 41864, Aug. 4, 1997; 63 FR 41350, Aug. 3, 1998; 65 FR 36358, June 8, 2000; 67 FR 48739, July 25, 2002] § 52.125 Control strategy and regulations: Sulfur oxides. top (a)(1) The requirements of subpart G of this chapter are not met since the control strategy does not analyze the impact of smelter fugitive emissions on ambient air quality (except at Hayden, Arizona) in the Central Arizona Intrastate, the Pima Intrastate, and the Southeast Arizona Intrastate (Cochise and Greenlee counties) Regions. Arizona must submit these smelter fugitive emissions control strategies to EPA by August 1, 1984. In addition, the requirements of §51.281 of this chapter are not met since the plan does not require permanent control of fugitive smelter emissions necessary to attain and maintain the national standards for sulfur oxides. The control strategy for Hayden shows that these controls are required to attain and maintain the national standards, and the fugitive control strategy analyses required above may show that they are required for some or all of the other smelter towns in Arizona. Arizona must submit all fugitive emissions control regulations necessary to attain and maintain the national standards for sulfur oxides to EPA by August 1, 1984. Therefore, the control strategies and regulations for the six smelter areas in the Central Arizona Intrastate, the Pima Intrastate and the Southeast Arizona Intrastate (Cochise and Greenlee counties) Regions are incomplete due to Arizona's failure to address the fugitive emissions problems at copper smelters. (2) Regulation 7–1–4.1 (copper smelters) of the Arizona Rules and Regulations for Air Pollution Control, as it pertains to existing copper smelters, is disapproved for the Central Arizona Intrastate, Pima Intrastate and Southeast Arizona Intrastate (Cochise and Greenlee counties) Regions. (b) The requirements of subpart G and §51.281 of this chapter are not met since the plan does not provide the degree of control necessary to attain and maintain the national standards for sulfur oxides in the Northern Arizona Intrastate Region. Therefore, Regulation 7–1–4.2(C) (fuel burning installations) of the Arizona Rules and Regulations for Air Pollution Control, as it pertains to existing sources, is disapproved in the Northern Arizona Intrastate Region for steam power generating installations having a total rated capacity equal to or greater than 6,500 million B.t.u. per hour. (c) Replacement regulation for Regulation 7–1–4.2(C) (Fossil fuel-fired steam generators in the Northern Arizona Intrastate Region). (1) This paragraph is applicable to the fossil fuel-fired steam generating equipment designated as Units 1, 2, and 3 at the Navajo Power Plant in the Northern Arizona Intrastate Region (§81.270 of this chapter). (2) No owner or operator of the fossil fuel-fired steam generating equipment to which this paragraph is applicable shall discharge or cause the discharge of sulfur oxides into the atmosphere in excess of the amount prescribed by the following equations: E = 12,245 S or e = 1,540 S Where: E = Allowable sulfur oxides emissions (lb./hr.) from all affected units. e = Allowable sulfur oxides emissions (gm./sec.) from all affected units. S = Sulfur content, in percent by weight, prior to any pretreatment of the fuel being burned. (3) For the purposes of this paragraph: (i) E shall not exceed 21,270 lb./hr. (2,680 gm./sec.). (ii) If the sum of sulfur oxides emissions from Units 1, 2, and 3 would be less than 3,780 lb./hr. (475 gm./sec.) without the use of emission control equipment, the requirements of paragraphs (2), (4)(i) and (5) of this paragraph (c), shall not apply for the period of time that the emissions remain below this level. (iii) The applicability of paragraph (c)(2)(ii) of this section may be determined through a sulfur balance utilizing the analyzed sulfur content of the fuel being burned and the total rate of fuel consumption in all affected units. (4)(i) No owner or operator of the fossil fuel-fired steam generating equipment subject to this paragraph shall discharge or cause the discharge of sulfur oxides into the atmosphere from any affected unit in excess of the amount prescribed by the following equations, except as provided in paragraph (3)(ii) of this paragraph (c). E1 = 0.333 E or e1 = 0.333 e Where: E = Allowable sulfur oxides emissions (lb./hr.) from all affected units as determined pursuant to paragraph (2) of this paragraph. e = Allowable sulfur oxides emissions (gm./sec.) from all affected units as determined pursuant to paragraph (2) of this paragraph (c). E1 = Allowable sulfur oxides emissions (lb./hr.) from each affected unit. e1 = Allowable sulfur oxides emissions (gm./sec.) from each affected unit. (ii) The owner or operator of the fossil fuel-fired steam generating equipment to which this paragraph is applicable may submit a request to redesignate the allowable emissions specified in paragraph (c)(4)(i) of this section. Such a request shall be submitted no later than December 2, 1974, and shall demonstrate that sulfur oxides emissions on a total plant basis will not exceed those specified in paragraphs (2) and (3)(i) of this paragraph (c). Upon receipt and evaluation of such request, the Administrator shall consider such and if appropriate, redesignate the allowable emissions specified in paragraph (c)(4)(i) of this section. (5) All sulfur oxides control equipment at the fossil fuel-fired steam generating equipment to which this paragraph is applicable shall be operated at the maximum practicable efficiency at all times, without regard to the allowable sulfur oxides emissions, determined according to paragraph (2) or (3) of this paragraph (c), except as provided in paragraph (3)(ii) of this paragraph (c). (6) Compliance with this paragraph shall be in accordance with the provisions of §52.134(a). (7) The test methods and procedures used to determine compliance with this paragraph shall be those prescribed in §60.46(c)(2) and (c)(4) of this chapter. The test methods for determining the sulfur content of fuel shall be those specified in §60.45(c) and (d) of this chapter. (d)–(e) [Reserved] (f)(1) Paragraphs B through E of regulation 7–1–4.2 (R9–3–402) (Sulfur Emissions: Fuel Burning Installations) of the Arizona Air Pollution Control Regulations are disapproved because they could allow existing oil fired facilities to use dispersion dependent techniques alone as a means of attaining and maintaining the national ambient air quality standards. The regulation does not assure the attainment and maintenance of the national standards in a manner which is consistent with the intent of sections 110(a)(2)(B) and 123(a)(2) of the Clean Air Act. (2) The approval of paragraphs A and F of regulation 7–1–4.2 as to coal fired facilities does not apply to the Salt River Project Agricultural Improvement and Power District-Navajo Generating Station. (3) Paragraphs B through E of regulation 8–1–4.2 (Sulfur Emissions—Fuel Burning Installations) of the Yuma County Air Pollution Control Regulations are disapproved because they could allow existing facilities to use dispersion dependent techniques alone as a means of attaining and maintaining the National Ambient Air Quality Standards. This regulation does not assure the attainment and maintenance of the national standards in a manner which is consistent with the intent of sections 110(a)(2)(B)and 123(a)(2) of the Clean Air Act. (g) Section 3, Regulation 3 (Sulfur from Primary Copper Smelters) of the Mohave County Health Department Air Pollution Control Regulations and Regulation 7–3–2.1 (Copper Smelters) of the Pinal-Gila Counties Air Quality Control District are disapproved since Section 36–1706 of the Arizona Revised Statutes grants exclusive jurisdiction to the Arizona Department of Health Services and the State Hearing Board over all existing copper smelters. (1) The requirements of §51.13 of this chapter are not met since the plan does not demonstrate that the emission limitations applicable to existing fuel burning equipment producing electrical energy will provide for the attainment and maintenance of the national standards in the Pima Intrastate Region (§81.269 of this chapter). (2) Regulation II: Rule 7A—paragraphs 2 through 5, Emission Limitations Fuel Burning Equipment—Sulfur Dioxide, of the Rules and Regulations of the Pima County Air Pollution Control District are disapproved because they could allow existing facilities to use dispersion dependent techniques along as a means of attaining and maintaining the National Ambient Air Quality Standards. The regulation does not assure the attainment and maintenance of the national standards in a manner which is consistent with the intent of section 110(a)(2)(B) of the Clean Air Act. [37 FR 15081, July 27, 1972] Editorial Note: For Federal Register citations affecting §52.125, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.126 Control strategy and regulations: Particulate matter. top (a) The requirements of subpart G and §51.281 of this chapter are not met since the plan does not provide the degree of control necessary to attain and maintain the national standards for particulate matter in Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties. Therefore, Regulation 7–1–3.6 (process industries) of the Arizona Rules and Regulations for Air Pollution Control is disapproved for Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties. (b) Replacement regulation for Regulation 7–1–3.6 of the Arizona Rules and Regulations for Air Pollution Control (Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties). (1) No owner or operator of any stationary process source in Gila, Maricopa, Pima, Pinal, or Santa Cruz County shall discharge or cause the discharge of particulate matter into the atmosphere in excess of the hourly rate shown in the following table for the process weight rate identified for such source: [In pounds per hour] ------------------------------------------------------------------------ Process Process weight rate Emission weight Emission rate rate rate ------------------------------------------------------------------------ 50..................................... 0.36 60,000 29.60 100.................................... 0.55 80,000 31.19 500.................................... 1.53 120,000 33.28 1,000.................................. 2.25 160,000 34.85 5,000.................................. 6.34 200,000 36.11 10,000................................. 9.73 400,000 40.35 20,000................................. 14.99 1,000,000 46.72 ------------------------------------------------------------------------ (2) Paragraph (b)(1) of this section shall not apply to incinerators, fuel burning installations, or Portland cement plants having a process weight rate in excess of 250,000 lb/h. (3) No owner or operator of a Portland cement plant in Gila, Maricopa, Pima, Pinal, or Santa Cruz County with a process weight rate in excess of 250,000 lb/hr shall discharge or cause the discharge of particulate matter into the atmosphere in excess of the amount specified in §60.62 of this chapter. (4) Compliance with this paragraph shall be in accordance with the provisions of §52.134(a). (5) The test methods and procedures used to determine compliance with this paragraph are set forth below. The methods referenced are contained in the appendix to part 60 of this chapter. Equivalent methods and procedures may be used if approved by the Administrator. (i) For each sampling repetition, the average concentration of particulate matter shall be determined by using method 5. Traversing during sampling by method 5 shall be according to method 1. The minimum sampling time shall be 2 hours and the minimum sampling volume shall be 60 ft 3 (1.70 m 3 ), corrected to standard conditions on a dry basis. (ii) The volumetric flow rate of the total effluent shall be determined by using method 2 and traversing according to method 1. Gas analysis shall be performed using the integrated sample technique of method 3, and moisture content shall be determined by the condenser technique of method 4. (iii) All tests shall be conducted while the source is operating at the maximum production or combustion rate at which such source will be operated. During the tests, the source shall burn fuels or combinations of fuels, use raw materials, and maintain process conditions representative of normal operation, and shall operate under such other relevant conditions as the Administrator shall specify. (c) The requirements of §51.281 of this chapter are not met since the plan does not contain regulations for Mohave and Yuma Counties in the Mohave-Yuma Intrastate Region or Pinal-Gila Counties in the Central Arizona Intrastate Region which provide enforceable and reproducible test procedures for the determination of compliance with the emission standards. Therefore paragraph C of section 3, regulation 2 (Particulates: Other Sources) of the Mohave County Air Pollution Control Regulations, paragraph B of regulation 8–1–3.6 (Particulates—Process Industries) of the Yuma County Air Pollution Control Regulations, and paragraph C of regulation 7–3–1.4 (Particulate Emissions—Incineration) and paragraph F of regulation 7–3–1.7 (Particulate Emissions—Fuel Burning Equipment) of the Rules and Regulations for Pinal-Gila Counties Air Quality Control District are disapproved. [37 FR 15081, July 27, 1972, as amended at 38 FR 12704, May 14, 1973; 43 FR 53034, Nov. 15, 1978; 45 FR 67346, Oct. 10, 1980; 51 FR 40676, 40677, Nov. 7, 1986] § 52.128 Rule for unpaved parking lots, unpaved roads and vacant lots. top (a) General—(1) Purpose. The purpose of this section is to limit the emissions of particulate matter into the ambient air from human activity on unpaved parking lots, unpaved roads and vacant lots. (2) Applicability. The provisions of this section shall apply to owners/operators of unpaved roads, unpaved parking lots and vacant lots and responsible parties for weed abatement on vacant lots in the Phoenix PM–10 nonattainment area. This section does not apply to unpaved roads, unpaved parking lots or vacant lots located on an industrial facility, construction, or earth-moving site that has an approved permit issued by Maricopa County Environmental Services Division under Rule 200, Section 305, Rule 210 or Rule 220 containing a Dust Control Plan approved under Rule 310 covering all unpaved parking lots, unpaved roads and vacant lots. This section does not apply to the two Indian Reservations (the Salt River Pima-Maricopa Indian Community and the Fort McDowell Mojave-Apache Indian Community) and a portion of a third reservation (the Gila River Indian Community) in the Phoenix PM–10 nonattainment area. Nothing in this definition shall preclude applicability of this section to vacant lots with disturbed surface areas due to construction, earth-moving, weed abatement or other dust generating operations which have been terminated for over eight months. (3) The test methods described in Appendix A of this section shall be used when testing is necessary to determine whether a surface has been stabilized as defined in paragraph (b)(16) of this section. (b) Definitions—(1) Average daily trips (ADT). The average number of vehicles that cross a given surface during a specified 24-hour time period as determined by the Institute of Transportation Engineers Trip Generation Report (6th edition, 1997) or tube counts. (2) Chemical/organic stabilizer—Any non-toxic chemical or organic dust suppressant other than water which meets any specifications, criteria, or tests required by any federal, state, or local water agency and is not prohibited for use by any applicable law, rule or regulation. (3) Disturbed surface area—Any portion of the earth's surface, or materials placed thereon, which has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed natural condition, thereby increasing the potential for emission of fugitive dust. (4) Dust suppressants—Water, hygroscopic materials, solution of water and chemical surfactant, foam, or non-toxic chemical/organic stabilizers not prohibited for use by any applicable law, rule or regulation, as a treatment material to reduce fugitive dust emissions. (5) EPA—United States Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, California 94105. (6) Fugitive dust—The particulate matter entrained in the ambient air which is caused from man-made and natural activities such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. This excludes particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from piledrivers. (7) Lot—A parcel of land identified on a final or parcel map recorded in the office of the Maricopa County recorder with a separate and distinct number or letter. (8) Low use unpaved parking lot—A lot on which vehicles are parked no more than thirty-five (35) days a year, excluding days where the exemption in paragraph (c)(2) of this section applies. (9) Motor vehicle—A self-propelled vehicle for use on the public roads and highways of the State of Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any non-motorized attachments, such as, but not limited to, trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle. (10) Off-road motor vehicle—any wheeled vehicle which is used off paved roadways and includes but is not limited to the following: (i) Any motor cycle or motor-driven cycle; (ii) Any motor vehicle commonly referred to as a sand buggy, dune buggy, or all terrain vehicle. (11) Owner/operator—any person who owns, leases, operates, controls, maintains or supervises a fugitive dust source subject to the requirements of this section. (12) Paving—Applying asphalt, recycled asphalt, concrete, or asphaltic concrete to a roadway surface. (13) Phoenix PM–10 nonattainment area—such area as defined in 40 CFR 81.303, excluding Apache Junction. (14) PM–10—Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by reference or equivalent methods that meet the requirements specified for PM–10 in 40 CFR part 50, Appendix J. (15) Reasonably available control measures (RACM)—Techniques used to prevent the emission and/or airborne transport of fugitive dust and dirt. (16) Stabilized surface—(i) Any unpaved road or unpaved parking lot surface where: (A) Any fugitive dust plume emanating from vehicular movement does not exceed 20 percent opacity as determined in section I.A of Appendix A of this section; and (B) Silt loading (weight of silt per unit area) is less than 0.33 ounces per square foot as determined by the test method in section I.B of Appendix A of this section OR where silt loading is greater than or equal to 0.33 ounces per square foot and silt content does not exceed six (6) percent for unpaved road surfaces or eight (8) percent for unpaved parking lot surfaces as determined by the test method in section I.B of Appendix A of this section. (ii) Any vacant lot surface with: (A) A visible crust which is sufficient as determined in section II.1 of Appendix A of this section; (B) A threshold friction velocity (TFV), corrected for non-erodible elements, of 100 cm/second or higher as determined in section II.2 of Appendix A of this section; (C) Flat vegetation cover equal to at least 50 percent as determined in section II.3 of Appendix A of this section; (D) Standing vegetation cover equal to or greater than 30 percent as determined in section II.4 of Appendix A of this section; or (E) Standing vegetation cover equal to or greater than 10 percent as determined in section II.4 of Appendix A of this section where threshold friction velocity, corrected for non-erodible elements, as determined in section II.2 of Appendix A of this section is equal to or greater than 43 cm/second. (17) Unpaved parking lot—A privately or publicly owned or operated area utilized for parking vehicles that is not paved and is not a Low use unpaved parking lot. (18) Unpaved road—Any road, equipment path or driveway used by motor vehicles or off-road motor vehicles that is not paved which is open to public access and owned/operated by any federal, state, county, municipal or other governmental or quasi-governmental agencies. (19) Urban or suburban open area—An unsubdivided or undeveloped tract of land adjoining a residential, industrial or commercial area, located on public or private property. (20) Vacant lot—A subdivided residential, industrial, institutional, governmental or commercial lot which contains no approved or permitted buildings or structures of a temporary or permanent nature. (c) Exemptions. The following requirements in paragraph (d) of this section do not apply: (1) In paragraphs (d)(1), (d)(2) and (d)(4)(iii) of this section: Any unpaved parking lot or vacant lot 5,000 square feet or less. (2) In paragraphs (d)(1) and (d)(2) of this section: Any unpaved parking lot on any day in which ten (10) or fewer vehicles enter. (3) In paragraphs (d)(4)(i) and (d)(4)(ii) of this section: Any vacant lot with less than 0.50 acre (21,780 square feet) of disturbed surface area(s). (4) In paragraph (d) of this section: Non-routine or emergency maintenance of flood control channels and water retention basins. (5) In paragraph (d) of this section: Vehicle test and development facilities and operations when dust is required to test and validate design integrity, product quality and/or commercial acceptance. Such facilities and operations shall be exempted from the provisions of this section only if such testing is not feasible within enclosed facilities. (6) In paragraph (d)(4)(i) of this section: Weed abatement operations performed on any vacant lot or property under the order of a governing agency for the control of a potential fire hazard or otherwise unhealthy condition provided that mowing, cutting, or another similar process is used to maintain weed stubble at least three (3) inches above the soil surface. This includes the application of herbicides provided that the clean-up of any debris does not disturb the soil surface. (7) In paragraph (d)(4)(i) of this section: Weed abatement operations that receive an approved Earth Moving permit under Maricopa County Rule 200, Section 305 (adopted 11/15/93). (d) Requirements—(1) Unpaved parking lots. Any owners/operators of an unpaved parking lot shall implement one of the following RACM on any surface area(s) of the lot on which vehicles enter and park. (i) Pave; or (ii) Apply chemical/organic stabilizers in sufficient concentration and frequency to maintain a stabilized surface; or (iii) Apply and maintain surface gravel uniformly such that the surface is stabilized; or (iv) Apply and maintain an alternative control measure such that the surface is stabilized, provided that the alternative measure is not prohibited under paragraph (b)(2) or (b)(4) of this section. (2) Any owners/operators of a low use unpaved parking lot as defined in paragraph (b)(8) of this section shall implement one of the RACM under paragraph (d)(1) of this section on any day(s) in which over 100 vehicles enter the lot, such that the surface area(s) on which vehicles enter and park is/are stabilized throughout the duration of time that vehicles are parked. (3) Unpaved roads. Any owners/operators of existing unpaved roads with ADT volumes of 250 vehicles or greater shall implement one of the following RACM along the entire surface of the road or road segment that is located within the Phoenix non-attainment area by June 10, 2000: (i) Pave; or (ii) Apply chemical/organic stabilizers in sufficient concentration and frequency to maintain a stabilized surface; or (iii) Apply and maintain surface gravel uniformly such that the surface is stabilized; or (iv) Apply and maintain an alternative control measure such that the surface is stabilized, provided that the alternative measure is not prohibited under paragraph (b)(2) or (b)(4) of this section. (4) Vacant lots. The following provisions shall be implemented as applicable. (i) Weed abatement. No person shall remove vegetation from any vacant lot by blading, disking, plowing under or any other means without implementing all of the following RACM to prevent or minimize fugitive dust. (A) Apply a dust suppressant(s) to the total surface area subject to disturbance immediately prior to or during the weed abatement. (B) Prevent or eliminate material track-out onto paved surfaces and access points adjoining paved surfaces. (C) Apply a dust suppressant(s), gravel, compaction or alternative control measure immediately following weed abatement to the entire disturbed surface area such that the surface is stabilized. (ii) Disturbed surfaces. Any owners/operators of an urban or suburban open area or vacant lot of which any portion has a disturbed surface area(s) that remain(s) unoccupied, unused, vacant or undeveloped for more than fifteen (15) calendar days shall implement one of the following RACM within sixty (60) calendar days following the disturbance. (A) Establish ground cover vegetation on all disturbed surface areas in sufficient quantity to maintain a stabilized surface; or (B) Apply a dust suppressant(s) to all disturbed surface areas in sufficient quantity and frequency to maintain a stabilized surface; or (C) Restore to a natural state, i.e. as existing in or produced by nature without cultivation or artificial influence, such that all disturbed surface areas are stabilized; or (D) Apply and maintain surface gravel uniformly such that all disturbed surface areas are stabilized; or (E) Apply and maintain an alternative control measure such that the surface is stabilized, provided that the alternative measure is not prohibited under paragraph (b)(2) or (b)(4) of this section. (iii) Motor vehicle disturbances. Any owners/operators of an urban or suburban open area or vacant lot of which any portion has a disturbed surface area due to motor vehicle or off-road motor vehicle use or parking, notwithstanding weed abatement operations or use or parking by the owner(s), shall implement one of the following RACM within 60 calendar days following the initial determination of disturbance. (A) Prevent motor vehicle and off-road motor vehicle trespass/ parking by applying fencing, shrubs, trees, barriers or other effective measures; or (B) Apply and maintain surface gravel or chemical/organic stabilizer uniformly such that all disturbed surface areas are stabilized. (5) Implementation date of RACM. All of the requirements in paragraph (d) of this section shall be effective eight (8) months from September 2, 1998. For requirements in paragraph (d)(4)(ii) and (d)(4)(iii) of this section, RACM shall be implemented within eight (8) months from September 2, 1998, or within 60 calendar days following the disturbance, whichever is later. (e) Monitoring and records. (1) Any owners/operators that are subject to the provisions of this section shall compile and retain records that provide evidence of control measure application, indicating the type of treatment or measure, extent of coverage and date applied. For control measures involving chemical/organic stabilization, records shall also indicate the type of product applied, vendor name, label instructions for approved usage, and the method, frequency, concentration and quantity of application. (2) Copies of control measure records and dust control plans along with supporting documentation shall be retained for at least three years. (3) Agency surveys. (i) EPA or other appropriate entity shall conduct a survey of the number and size (or length) of unpaved roads, unpaved parking lots, and vacant lots subject to the provisions of this section located within the Phoenix PM–10 nonattainment area beginning no later than 365 days from September 2, 1998. (ii) EPA or other appropriate entity shall conduct a survey at least every three years within the Phoenix PM–10 nonattainment area beginning no later than 365 days from September 2, 1998, which includes: (A) An estimate of the percentage of unpaved roads, unpaved parking lots, and vacant lots subject to this section to which RACM as required in this section have been applied; and (B) A description of the most frequently applied RACM and estimates of their control effectiveness. Appendix A to §52.128—Test Methods To Determine Whether A Surface Is Stabilized I. Unpaved Roads and Unpaved Parking Lots A. Opacity Observations Conduct opacity observations in accordance with Reference Method 9 (40 CFR Part 60, appendix A) and Methods 203A and 203C of this appendix, with opacity readings taken at five second observation intervals and two consecutive readings per plume beginning with the first reading at zero seconds, in accordance with Method 203C, sections 2.3.2. and 2.4.2 of this appendix. Conduct visible opacity tests only on dry unpaved surfaces (i.e. when the surface is not damp to the touch) and on days when average wind speeds do not exceed 15 miles per hour (mph). (i) Method 203A—Visual Determination of Opacity of Emissions From Stationary Sources for Time-Arranged Regulations Method 203A is virtually identical to EPA's Method 9 (40 CFR Part 60 Appendix A) except for the data-reduction procedures, which provide for averaging times other than 6 minutes. That is, using Method 203A with a 6-minute averaging time would be the same as following EPA Method 9 (40 CFR Part 60, Appendix A). Additionally, Method 203A provides procedures for fugitive dust applications. The certification procedures provided in section 3 are virtually identical to Method 9 (40 CFR Part 60, Appendix A) and are provided here, in full, for clarity and convenience. 1. Applicability and Principle 1.1 Applicability. This method is applicable for the determination of the opacity of emissions from sources of visible emissions for time-averaged regulations. A time-averaged regulation is any regulation that requires averaging visible emission data to determine the opacity of visible emissions over a specific time period. 1.2 Principle. The opacity of emissions from sources of visible emissions is determined visually by an observer qualified according to the procedures of section 3. 2. Procedures An observer qualified in accordance with section 3 of this method shall use the following procedures for visually determining the opacity of emissions. 2.1 Procedures for Emissions from Stationary Sources. These procedures are not applicable to this section. 2.2 Procedures for Fugitive Process Dust Emissions. These procedures are applicable for the determination of the opacity of fugitive emissions by a qualified observer. The qualified field observer should do the following: 2.2.1 Position. Stand at a position at least 5 meters from the fugitive dust source in order to provide a clear view of the emissions with the sun oriented in the 140-degree sector to the back. Consistent as much as possible with maintaining the above requirements, make opacity observations from a position such that the line of vision is approximately perpendicular to the plume and wind direction. As much as possible, if multiple plumes are involved, do not include more than one plume in the line of sight at one time. 2.2.2 Field Records. Record the name of the plant or site, fugitive source location, source type [pile, stack industrial process unit, incinerator, open burning operation activity, material handling (transfer, loading, sorting, etc.)], method of control used, if any, observer's name, certification data and affiliation, and a sketch of the observer's position relative to the fugitive source. Also, record the time, estimated distance to the fugitive source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position relative to the fugitive source, and color of the plume and type of background on the visible emission observation form when opacity readings are initiated and completed. 2.2.3 Observations. Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of vision. For roads, storage piles, and parking lots, make opacity observations approximately 1 meter above the surface from which the plume is generated. For other fugitive sources, make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present. For intermittent sources, the initial observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume momentarily at 15-second intervals. 2.3 Recording Observations. Record the opacity observations to the nearest 5 percent every 15 seconds on an observational record sheet. Each momentary observation recorded represents the average opacity of emissions for a 15-second period. 2.4 Data Reduction for Time-Averaged Regulations. A set of observations is composed of an appropriate number of consecutive observations determined by the averaging time specified. Divide the recorded observations into sets of appropriate time lengths for the specified averaging time. Sets must consist of consecutive observations; however, observations immediately preceding and following interrupted observations shall be deemed consecutive. Sets need not be consecutive in time and in no case shall two sets overlap, resulting in multiple violations. For each set of observations, calculate the appropriate average opacity. 3. Qualification and Testing 3.1 Certification Requirements. To receive certification as a qualified observer, a candidate must be tested and demonstrate the ability to assign opacity readings in 5 percent increments to 25 different black plumes and 25 different white plumes, with an error not to exceed 15 percent opacity on any one reading and an average error not to exceed 7.5 percent opacity in each category. Candidates shall be tested according to the procedures described in paragraph 3.2. Any smoke generator used pursuant to paragraph 3.2 shall be equipped with a smoke meter which meets the requirements of paragraph 3.3. Certification tests that do not meet the requirements of paragraphs 3.2 and 3.3 are not valid. The certification shall be valid for a period of 6 months, and after each 6-month period, the qualification procedures must be repeated by an observer in order to retain certification. 3.2 Certification Procedure. The certification test consists of showing the candidate a complete run of 50 plumes, 25 black plumes and 25 white plumes, generated by a smoke generator. Plumes shall be presented in random order within each set of 25 black and 25 white plumes. The candidate assigns an opacity value to each plume and records the observation on a suitable form. At the completion of each run of 50 readings, the score of the candidate is determined. If a candidate fails to qualify, the complete run of 50 readings must be repeated in any retest. The smoke test may be administered as part of a smoke school or training program, and may be preceded by training or familiarization runs of the smoke generator during which candidates are shown black and white plumes of known opacity. 3.3 Smoke Generator Specifications. Any smoke generator used for the purpose of paragraph 3.2 shall be equipped with a smoke meter installed to measure opacity across the diameter of the smoke generator stack. The smoke meter output shall display in-stack opacity, based upon a path length equal to the stack exit diameter on a full 0 to 100 percent chart recorder scale. The smoke meter optical design and performance shall meet the specifications shown in Table A. The smoke meter shall be calibrated as prescribed in paragraph 3.3.1 prior to conducting each smoke reading test. At the completion of each test, the zero and span drift, shall be checked, and if the drift exceeds ±1 percent opacity, the condition shall be corrected prior to conducting any subsequent test runs. The smoke meter shall be demonstrated at the time of installation to meet the specifications listed in Table A. This demonstration shall be repeated following any subsequent repair or replacement of the photocell or associated electronic circuitry including the chart recorder or output meter, or every 6 months, whichever occurs first. 3.3.1 Calibration. The smoke meter is calibrated after allowing a minimum of 30 minutes warm-up by alternately producing simulated opacity of 0 percent and 100 percent. When stable response at 0 percent or 100 percent is noted, the smoke meter is adjusted to produce an output of 0 percent or 100 percent, as appropriate. This calibration shall be repeated until stable 0 percent and 100 percent readings are produced without adjustment. Simulated 0 percent and 100 percent opacity values may be produced by alternately switching the power to the light source on and off while the smoke generator is not producing smoke. 3.3.2 Smoke Meter Evaluation. The smoke meter design and performance are to be evaluated as follows: 3.3.2.1 Light Source. Verify from manufacturer's data and from voltage measurements made at the lamp, as installed, that the lamp is operated within ±5 percent of the nominal rated voltage. 3.3.2.2 Spectral Response of Photocell. Verify from manufacturer's data that the photocell has a photopic response; i.e., the spectral sensitivity of the cell shall closely approximate the standard spectral-luminosity curve for photopic vision which is referenced in (b) of Table A. 3.3.2.3 Angle of View. Check construction geometry to ensure that the total angle of view of the smoke plume, as seen by the photocell, does not exceed 15 degrees. Calculate the total angle of view as follows: fv = 2 tan-1 d/2L Where: fv = total angle of view; d = the photocell diameter + the diameter of the limiting aperture; and L = distance from the photocell to the limiting aperture. The limiting aperture is the point in the path between the photocell and the smoke plume where the angle of view is most restricted. In smoke generator smoke meters, this is normally an orifice plate. 3.3.2.4 Angle of Projection. Check construction geometry to ensure that the total angle of projection of the lamp on the smoke plume does not exceed 15 degrees. Calculate the total angle of projection as follows: fp = 2 tan-1 d/2L Where: fp = total angle of projection; d = the sum of the length of the lamp filament + the diameter of the limiting aperture; and L = the distance from the lamp to the limiting aperture. 3.3.2.5 Calibration Error. Using neutral-density filters of known opacity, check the error between the actual response and the theoretical linear response of the smoke meter. This check is accomplished by first calibrating the smoke meter according to 3.3.1 and then inserting a series of three neutral-density filters of nominal opacity of 20, 50, and 75 percent in the smoke meter path length. Use filters calibrated within ±2 percent. Care should be taken when inserting the filters to prevent stray light from affecting the meter. Make a total of five nonconsecutive readings for each filter. The maximum opacity error on any one reading shall be ±3 percent. 3.3.2.6 Zero and Span Drift. Determine the zero and span drift by calibrating and operating the smoke generator in a normal manner over a 1-hour period. The drift is measured by checking the zero and span at the end of this period. 3.3.2.7 Response Time. Determine the response time by producing the series of five simulated 0 percent and 100 percent opacity values and observing the time required to reach stable response. Opacity values of 0 percent and 100 percent may be simulated by alternately switching the power to the light source off and on while the smoke generator is not operating. 4. References 1. U.S. Environmental Protection Agency. Standards of Performance for New Stationary Sources; appendix A; Method 9 for Visual Determination of the Opacity of Emissions from Stationary Sources. Final Rule. 39 FR 219. Washington, DC. U.S. Government Printing Office. November 12, 1974. 2. Office of Air and Radiation. “Quality Assurance Guideline for Visible Emission Training Programs.” EPA–600/S4–83–011. Quality Assurance Division. Research Triangle Park, N.C. May 1982. 3. “Method 9—Visible Determination of the Opacity of Emissions from Stationary Sources.” February 1984. Quality Assurance Handbook for Air Pollution Measurement Systems. Volume III, section 3.1.2. Stationary Source Specific Methods. EPA–600–4–77–027b. August 1977. Office of Research and Development Publications, 26 West Clair Street, Cincinnati, OH. 4. Office of Air Quality Planning and Standards. “Opacity Error for Averaging and Nonaveraging Data Reduction and Reporting Techniques.” Final Report–SR–1–6–85. Emission Measurement Branch, Research Triangle Park, N.C. June 1985. 5. The U.S. Environmental Protection Agency. Preparation, Adoption, and Submittal of State Implementation Plans. Methods for Measurement of PM10 Emissions from Stationary Sources. Final Rule. Federal Register. Washington, DC. U.S. Government Printing Office. Volumes 55. No. 74. pps. 14246–14279. April 17, 1990. (ii) Method 203C—Visual Determination of Opacity of Emissions From Stationary Sources for Instantaneous Limitation Regulations Method 203C is virtually identical to EPA's Method 9 (40 CFR Part 60, Appendix A), except for the data-reduction procedures which have been modified for application to instantaneous limitation regulations. Additionally, Method 203C provides procedures for fugitive dust applications which were unavailable when Method 9 was promulgated. The certification procedures in section 3 are identical to Method 9. These certification procedures are provided in Method 203A as well, and, therefore, have not been repeated in this method. 1. Applicability and Principle 1.1 Applicability. This method is applicable for the determination of the opacity of emissions from sources of visible emissions for instantaneous limitations. An instantaneous limitation regulation is an opacity limit which is never to be exceeded. 1.2 Principle. The opacity of emissions from sources of visible emissions is determined visually by a qualified observer. 2. Procedures The observer qualified in accordance with section 3 of this method shall use the following procedures for visually determining the opacity of emissions. 2.1 Procedures for Emissions From Stationary Sources. Same as 2.1, Method 203A. 2.1.1 Position. Same as 2.1.1, Method 203A. 2.1.2 Field Records. Same as 2.1.2, Method 203A. 2.1.3 Observations. Make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present. Do not look continuously at the plume. Instead, observe the plume momentarily at the interval specified in the subject regulation. Unless otherwise specified, a 15-second observation interval is assumed. 2.1.3.1 Attached Steam Plumes. Same as 2.1.3.1, Method 203A. 2.1.3.2 Detached Steam Plumes. Same as 2.1.3.2, Method 203A. 2.2 Procedures for Fugitive Process Dust Emissions. 2.2.1 Position. Same as section 2.2.1, Method 203A. 2.2.2 Field Records. Same as section 2.2.2, Method 203A. 2.2.3 Observations. 2.2.3.1 Observations for a 15-second Observation Interval Regulations. Same as section 2.2.3, Method 203A. 2.2.3.2 Observations for a 5-second Observation Interval Regulations. Same as section 2.2.3, Method 203A, except, observe the plume momentarily at 5-second intervals. 2.3 Recording Observations. Record opacity observations to the nearest 5 percent at the prescribed interval on an observational record sheet. Each momentary observation recorded represents the average of emissions for the prescribed period. If a 5-second observation period is not specified in the applicable regulation, a 15-second interval is assumed. The overall time for which recordings are made shall be of a length appropriate to the regulation for which opacity is being measured. 2.3.1 Recording Observations for 15-second Observation Interval Regulations. Record opacity observations to the nearest 5 percent at 15-second intervals on an observational record sheet. Each momentary observation recorded represents the average of emissions for a 15-second period. 2.3.2 Recording Observations for 5-second Observation Interval Regulations. Record opacity observations to the nearest 5 percent at 5-second intervals on an observational record sheet. Each momentary observation recorded represents the average of emissions for 5-second period. 2.4 Data Reduction for Instantaneous Limitation Regulations. For an instantaneous limitation regulation, a 1-minute averaging time will be used. Divide the observations recorded on the record sheet into sets of consecutive observations. A set is composed of the consecutive observations made in 1 minute. Sets need not be consecutive in time, and in no case shall two sets overlap. Reduce opacity observations by dividing the sum of all observations recorded in a set by the number of observations recorded in each set. 2.4.1 Data Reduction for 15-second Observation Intervals. Reduce opacity observations by averaging four consecutive observations recorded at 15-second intervals. Divide the observations recorded on the record sheet into sets of four consecutive observations. For each set of four observations, calculate the average by summing the opacity of the four observations and dividing this sum by four. 2.4.2 Data Reduction for 5-second Observation Intervals. Reduce opacity observations by averaging 12 consecutive observations recorded at 5-second intervals. Divide the observations recorded on the record sheet into sets of 12 consecutive observations. For each set of 12 observations, calculate the average by summing the opacity of the 12 observations and dividing this sum by 12. 3. Qualification and Test Same as section 3, Method 203A. TABLE A_Smoke Meter Design and Performance Specifications ------------------------------------------------------------------------ Parameter Specification ------------------------------------------------------------------------ a. Light Source........................ Incandescent lamp operated at nominal rated voltage. b. Spectral response of photocell...... Photopic (daylight spectral response of the human eye_Reference 4.1 of section 4.) c. Angle of view....................... 15 degrees maximum total angle d. Angle of projection................. 15 degrees maximum total angle. e. Calibration error................... ±3 percent opacity, maximum. f. Zero and span drift................. ±1 percent opacity, 30 minutes. g. Response time....................... [le]5 seconds. ------------------------------------------------------------------------ B. Silt Content Conduct the following test method to determine the silt loading and silt content of unpaved road and unpaved parking lot surfaces. (i) Collect a sample of loose surface material from an area 30 cm by 30 cm (1 foot by 1 foot) in size to a depth of approximately 1 cm or until a hard subsurface is reached, whichever occurs first. Use a brush and dustpan or other similar device. Collect the sample from a routinely-traveled portion of the surface which receives a preponderance of vehicle traffic, i.e. as commonly evidenced by tire tracks. Conduct sweeping slowly so that fine surface material is not released into the air. Only collect samples from surfaces that are not wet or damp due to precipitation or dew. (ii) Obtain a shallow, lightweight container and a scale with readings in half ounce increments or less. Place the scale on a level surface and zero it with the weight of the empty container. Transfer the entire sample collected to the container, minimizing escape of particles into the air. Weigh the sample and record its weight. (iii) Obtain and stack a set of sieves with the following openings: 4 mm, 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order according to size openings beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Pour the entire sample into the top sieve, minimizing escape of particles into the air by positioning the sieve/collector pan unit in an enclosed or wind barricaded area. Cover the sieve/collector pan unit with a lid. Shake the covered sieve/collector pan unit vigorously for a period of at least one (1) minute in both the horizontal and vertical planes. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately beginning with the largest sieve. As each sieve is removed, examine it for a complete separation of material in order to ensure that all material has been sifted to the finest sieve through which it can pass. If not, reassemble and cover the sieve/collector pan unit and shake it for period of at least one (1) minute. After disassembling the sieve/collector pan unit, transfer the material which is captured in the collector pan into the lightweight container originally used to collect and weigh the sample. Minimize escape of particles into the air when transferring the material into the container. Weigh the container with the material from the collector pan and record its weight. Multiply the resulting weight by 0.38 if the source is an unpaved road or by 0.55 if the source is an unpaved parking lot to estimate silt loading. Divide by the total sample weight and multiply by 100 to arrive at the percent silt content. (iv) As an alternative to conducting the procedure described above in section I.B.(ii) and section I.B.(iii) of this appendix, the sample (collected according to section I.B.(i) of this appendix) may be taken to an independent testing laboratory or engineering facility for silt loading (e.g. net weight < 200 mesh) and silt content analysis according to the following test method from “Procedures For Laboratory Analysis Of Surface/Bulk Dust Loading Samples”, (Fifth Edition, Volume I, Appendix C.2.3 “Silt Analysis”, 1995), AP–42, Office of Air Quality Planning & Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina. 1. Objective—Several open dust emission factors have been found to be correlated with the silt content(< 200 mesh) of the material being disturbed. The basic procedure for silt content determination is mechanical, dry sieving. For sources other than paved roads, the same sample which was oven-dried to determine moisture content is then mechanically sieved. 2.1 Procedure—Select the appropriate 20-cm (8-in.) diameter, 5-cm (2-in.) deep sieve sizes. Recommended U. S. Standard Series sizes are 3/8 in., No. 4, No. 40, No. 100, No. 140, No. 200, and a pan. Comparable Tyler Series sizes can also be used. The No. 20 and the No. 200 are mandatory. The others can be varied if the recommended sieves are not available, or if buildup on 1 particulate sieve during sieving indicates that an intermediate sieve should be inserted. 2.2 Obtain a mechanical sieving device, such as a vibratory shaker or a Roto-Tap d 1 without the tapping function. 1 CFR part 60, App. A, Meth. 5, 2.1.2, footnote 2. 2.3 Clean the sieves with compressed air and/or a soft brush. Any material lodged in the sieve openings or adhering to the sides of the sieve should be removed, without handling the screen roughly, if possible. 2.4 Obtain a scale (capacity of at least 1600 grams [g] or 3.5 lb) and record make, capacity, smallest division, date of last calibration, and accuracy. (See Figure A) 2.5 Weigh the sieves and pan to determine tare weights. Check the zero before every weighing. Record the weights. 2.6 After nesting the sieves in decreasing order of size, and with pan at the bottom, dump dried laboratory sample (preferably immediately after moisture analysis) into the top sieve. The sample should weigh between ¢ 400 and 1600 g (¢ 0.9 and 3.5 lb). This amount will vary for finely textured materials, and 100 to 300 g may be sufficient when 90% of the sample passes a No. 8 (2.36 mm) sieve. Brush any fine material adhering to the sides of the container into the top sieve and cover the top sieve with a special lid normally purchased with the pan. 2.7 Place nested sieves into the mechanical sieving device and sieve for 10 minutes (min). Remove pan containing minus No. 200 and weigh. Repeat the sieving at 10-min intervals until the difference between 2 successive pan sample weighings (with the pan tare weight subtracted) is less than 3.0%. Do not sieve longer than 40 min. 2.8 Weigh each sieve and its contents and record the weight. Check the zero before every weighing. 2.9 Collect the laboratory sample. Place the sample in a separate container if further analysis is expected. 2.10 Calculate the percent of mass less than the 200 mesh screen (75 micrometers [µm]). This is the silt content. Figure A. Example silt analysis form. Silt Analysis Dated: _____ By: ____________ Sample No: ____ Sample Weight (after drying) Material: ____ Pan + Sample: ______ Pan: ______ Split Sample Balance: ______ Dry Sample: _______ Make ______ Capacity: ______ Smallest Division ____ Final Weight ______ % Silt = [Net Weight <200 Mesh] ÷ [Total Net Weight × 100] =__% Sieving ------------------------------------------------------------------------ Time: Start: Weight (Pan Only) ------------------------------------------------------------------------ Initial (Tare): 10 min: 20 min: 30 min: 40 min: ------------------------------------------------------------------------ ---------------------------------------------------------------------------------------------------------------- Final weight (screen Screen Tare weight (screen) + sample) Net weight (sample) % ---------------------------------------------------------------------------------------------------------------- \3/8\ in.......................... 4 mesh............................ 10 mesh........................... 20 mesh........................... 40 mesh........................... 100 mesh.......................... 140 mesh.......................... 200 mesh.......................... Pan............................... ---------------------------------------------------------------------------------------------------------------- (v) The silt loading and percent silt content for any given unpaved road surface or unpaved parking lot surface shall be based on the average of at least three (3) samples that are representative of routinely-traveled portions of the road or parking lot surface. In order to simplify the sieve test procedures in section I.B.(ii) and section I.B.(iii) of this appendix, the three samples may be combined as long as all material is sifted to the finest sieve through which it can pass, each sample weighs within 1 ounce of the other two samples, and the combined weight of the samples and unit area from which they were collected is calculated and recorded accurately. II. Vacant Lots The following test methods shall be used for determining whether a vacant lot, or portion thereof, has a stabilized surface. Should a disturbed vacant lot contain more than one type of disturbance, soil, vegetation or other characteristics which are visibly distinguishable, test each representative surface for stability separately in random areas according to the test methods in section II. of this appendix and include or eliminate it from the total size assessment of disturbed surface area(s) depending upon test method results. A vacant lot surface shall be considered stabilized if any of the test methods in section II. of this appendix indicate that the surface is stabilized such that the conditions defined in paragraph (b)(16)(ii) of this section are met: 1. Visible Crust Determination (i) Where a visible crust exists, drop a steel ball with a diameter of 15.9 millimeters (0.625 inches) and a mass ranging from 16 to 17 grams from a distance of 30 centimeters (one foot) directly above (at a 90 degree angle perpendicular to) the soil surface. If blowsand is present, clear the blowsand from the surfaces on which the visible crust test method is conducted. Blowsand is defined as thin deposits of loose uncombined grains covering less than 50 percent of a vacant lot which have not originated from the representative vacant lot surface being tested. If material covers a visible crust which is not blowsand, apply the test method in section II.2 of this appendix to the loose material to determine whether the surface is stabilized. (ii) A sufficient crust is defined under the following conditions: once a ball has been dropped according to section II.1.(i) of this appendix, the ball does not sink into the surface so that it is partially or fully surrounded by loose grains and, upon removing the ball, the surface upon which it fell has not been pulverized so that loose grains are visible. (iii) Conduct three tests, dropping the ball once per test, within a survey area the size of one foot by one foot. The survey area shall be considered sufficiently crusted if at least two out of three tests meet the definition in section II.1.(ii) of this appendix. Select at least two other survey areas that represent the disturbed surface area and repeat this procedure. Whether a sufficient crust covers the disturbed surface area shall be based on a determination that all of the survey areas tested are sufficiently crusted. (iv) At any given site, the existence of a sufficient crust covering one portion of a disturbed surface may not represent the existence or protectiveness of a crust on another disturbed surface(s). Repeat the visible crust test as often as necessary on each representative disturbed surface area for an accurate assessment of all disturbed surfaces at a given site. 2. Determination of Threshold Friction Velocity (TFV) For disturbed surface areas that are not crusted or vegetated, determine threshold friction velocity (TFV) according to the following sieving field procedure (based on a 1952 laboratory procedure published by W. S. Chepil). (i) Obtain and stack a set of sieves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order according to size openings beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Collect a sample of loose surface material from an area at least 30 cm by 30 cm in size to a depth of approximately 1 cm using a brush and dustpan or other similar device. Only collect soil samples from dry surfaces (i.e. when the surface is not damp to the touch). Remove any rocks larger than 1 cm in diameter from the sample. Pour the sample into the top sieve (4 mm opening) and cover the sieve/collector pan unit with a lid. Minimize escape of particles into the air when transferring surface soil into the sieve/collector pan unit. Move the covered sieve/collector pan unit by hand using a broad, circular arm motion in the horizontal plane. Complete twenty circular arm movements, ten clockwise and ten counterclockwise, at a speed just necessary to achieve some relative horizontal motion between the sieves and the particles. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately beginning with the largest sieve. As each sieve is removed, examine it for loose particles. If loose particles have not been sifted to the finest sieve through which they can pass, reassemble and cover the sieve/collector pan unit and gently rotate it an additional ten times. After disassembling the sieve/collector pan unit, slightly tilt and gently tap each sieve and the collector pan so that material aligns along one side. In doing so, minimize escape of particles into the air. Line up the sieves and collector pan in a row and visibly inspect the relative quantities of catch in order to determine which sieve (or whether the collector pan) contains the greatest volume of material. If a visual determination of relative volumes of catch among sieves is difficult, use a graduated cylinder to measure the volume. Estimate TFV for the sieve catch with the greatest volume using Table 1, which provides a correlation between sieve opening size and TFV. Table 1 (Metric Units)_Determination of Threshold Friction Velocity (TFV) ------------------------------------------------------------------------ Opening TFV (cm/ Tyler Sieve No. (mm) s) ------------------------------------------------------------------------ 5.................................................. 4 >100 10................................................. 2 100 18................................................. 1 76 35................................................. 0.5 58 60................................................. 0.25 43 Collector Pan...................................... ......... 30 ------------------------------------------------------------------------ Collect at least three (3) soil samples which are representative of the disturbed surface area, repeat the above TFV test method for each sample and average the resulting TFVs together to determine the TFV uncorrected for non-erodible elements. (ii) Non-erodible elements are distinct elements on the disturbed surface area that are larger than one (1) cm in diameter, remain firmly in place during a wind episode and inhibit soil loss by consuming part of the shear stress of the wind. Non-erodible elements include stones and bulk surface material but do not include flat or standing vegetation. For surfaces with non-erodible elements, determine corrections to the TFV by identifying the fraction of the survey area, as viewed from directly overhead, that is occupied by non-erodible elements using the following procedure. Select a survey area of one (1) meter by 1 meter. Where many non-erodible elements lie on the disturbed surface area, separate them into groups according to size. For each group, calculate the overhead area for the non-erodible elements according to the following equations: (Average length) × (Average width) = Average Dimensions Eq. 1 (Average Dimensions) × (Number of Elements) = Overhead Area Eq. 2 Overhead Area of Group 1 + Overhead Area of Group 2 (etc.) = Total Overhead Area Eq. 3 Total Overhead Area/2 = Total Frontal Area Eq. 4 (Total Frontal Area/Survey Area) × 100 = Percent Cover of Non-erodible Elements Eq. 5 (Ensure consistent units of measurement, e.g. square meters or square inches when calculating percent cover.) Repeat this procedure on an additional two (2) distinct survey areas representing a disturbed surface and average the results. Use Table 2 to identify the correction factor for the percent cover of non-erodible elements. Multiply the TFV by the corresponding correction factor to calculate the TFV corrected for non-erodible elements. Table 2_Correction Factors for Threshold Friction Velocity ------------------------------------------------------------------------ Percent cover of non-erodible elements Correction factor ------------------------------------------------------------------------ >=10%...................................... 5 >=5% and < 10%.......................... 3 < 5% and >= 1%.......................... 2 < 1%.................................... None. ------------------------------------------------------------------------ 3. Determination of Flat Vegetation Cover Flat vegetation includes attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind. Flat vegetation which is dead but firmly attached shall be considered equally protective as live vegetation. Stones or other aggregate larger than one centimeter in diameter shall be considered protective cover in the course of conducting the line transect method. Where flat vegetation exists, conduct the following line transect method. (i) Stretch a one-hundred (100) foot measuring tape across a disturbed surface area. Firmly anchor both ends of the measuring tape into the surface using a tool such as a screwdriver with the tape stretched taut and close to the soil surface. If vegetation exists in regular rows, place the tape diagonally (at approximately a 45 degree angle) away from a parallel or perpendicular position to the vegetated rows. Pinpoint an area the size of a 3/32 inch diameter brazing rod or wooden dowel centered above each one-foot interval mark along one edge of the tape. Count the number of times that flat vegetation lies directly underneath the pinpointed area at one-foot intervals. Consistently observe the underlying surface from a 90 degree angle directly above each pinpoint on one side of the tape. Do not count the underlying surface as vegetated if any portion of the pinpoint extends beyond the edge of the vegetation underneath in any direction. If clumps of vegetation or vegetative debris lie underneath the pinpointed area, count the surface as vegetated unless bare soil is visible directly below the pinpointed area. When 100 observations have been made, add together the number of times a surface was counted as vegetated. This total represents the percent of flat vegetation cover (e.g. if 35 positive counts were made, then vegetation cover is 35 percent). If the disturbed surface area is too small for 100 observations, make as many observations as possible. Then multiply the count of vegetated surface areas by the appropriate conversion factor to obtain percent cover. For example, if vegetation was counted 20 times within a total of 50 observations, divide 20 by 50 and multiply by 100 to obtain a flat vegetation cover of 40 percent. (ii) Conduct the above line transect test method an additional two (2) times on areas representative of the disturbed surface and average results. 4. Determination of Standing Vegetation Cover Standing vegetation includes vegetation that is attached (rooted) with a predominant vertical orientation. Standing vegetation which is dead but firmly rooted shall be considered equally protective as live vegetation. Conduct the following standing vegetation test method to determine if 30 percent cover or more exists. If the resulting percent cover is less than 30 percent but equal to or greater than 10 percent, then conduct the Threshold Friction Velocity test in section II.2 of this appendix in order to determine whether the disturbed surface area is stabilized according to paragraph (b)(16)(ii)(E) of this section. (i) For standing vegetation that consists of large, separate vegetative structures (for example, shrubs and sagebrush), select a survey area representing the disturbed surface that is the shape of a square with sides equal to at least ten (10) times the average height of the vegetative structures. For smaller standing vegetation, select a survey area of three (3) feet by 3 feet. (ii) Count the number of standing vegetative structures within the survey area. Count vegetation which grows in clumps as a single unit. Where different types of vegetation exists and/or vegetation of different height and width exists, separate the vegetative structures with similar dimensions into groups. Count the number of vegetative structures in each group within the survey area. Select an individual structure within each group that represents the average height and width of the vegetation in the group. If the structure is dense (i.e. when looking at it vertically from base to top there is little or zero open air space within its perimeter), calculate and record its frontal silhouette area according to Equation 6 of this appendix. Also use Equation 6 if the survey area is larger than nine square feet, estimating the average height and width of the vegetation. Otherwise, use the procedure in section II.4.(iii) of this appendix to calculate the Frontal Silhouette Area. Then calculate the percent cover of standing vegetation according to Equations 7, 8 and 9 of this appendix. (Ensure consistent units of measurement, e.g. square feet or square inches when calculating percent cover.) (iii) Vegetative Density Factor. Cut a single, representative piece of vegetation (or consolidated vegetative structure) to within 1 cm of surface soil. Using a white paper grid or transparent grid over white paper, lay the vegetation flat on top of the grid (but do not apply pressure to flatten the structure). Grid boxes of one inch or one half inch squares are sufficient for most vegetation when conducting this procedure. Using a marker or pencil, outline the shape of the vegetation along its outer perimeter according to Figure B, C or D of this appendix, as appropriate. (Note: Figure C differs from Figure D primarily in that the width of vegetation in Figure C is narrow at its base and gradually broadens to its tallest height. In Figure D, the width of the vegetation generally becomes narrower from its midpoint to its tallest height.) Remove the vegetation and count and record the total number of gridline intersections within the outlined area, but do not count gridline intersections that connect with the outlined shape. There must be at least 10 gridline intersections within the outlined area and preferably more than 20, otherwise, use smaller grid boxes. Draw small circles (no greater than a 3/32 inch diameter) at each gridline intersection counted within the outlined area. Replace the vegetation on the grid within its outlined shape. From a distance of approximately two feet directly above the grid, observe each circled gridline intersection. Count and record the number of circled gridline intersections that are not covered by any piece of the vegetation. To calculate percent vegetative density, use Equations 10 and 11 of this appendix. If percent vegetative density is equal to or greater than 30, use the equation (Eq. 14, 15 or 16) that matches the outline used to trace the vegetation (Figure B, C or D) to calculate its Frontal Silhouette Area. If percent vegetative density is less than 30, use Equations 12 and 13 of this appendix to calculate the Frontal Silhouette Area. (iv) Within a disturbed surface area that contains multiple types of vegetation with each vegetation type uniformly distributed, results of the percent cover associated with the individual vegetation types may be added together. (v) Repeat this procedure on an additional two (2) distinct survey areas representing the disturbed surface and average the results. Height × Width = Frontal Silhouette Area Eq. 6 (Frontal Silhouette Area of Individual Vegetative Structure) × Number of Vegetation Structures Per Group = Group Frontal Silhouette Area of Group Eq. 7 Frontal Silhouette Area of Group 1 + Frontal Silhouette Area of Group 2 (etc.) = Total Frontal Silhouette Area Eq. 8 (Total Frontal Silhouette Area/Survey Area) × 100 = Percent Cover of Standing Vegetation Eq. 9 [(Number of circled gridlines within the outlined area counted that are not covered by vegetation / Total number of gridline intersections within the outlined area) × 100] = Percent Open Space Eq. 10 100 = Percent Open Space = Percent Vegetative Density Eq. 11 Percent Vegetative Density/100 = Vegetative Density Eq. 12 View or download PDF Alternative Test Methods Alternative test methods may be used upon obtaining the written approval of the EPA. [64 FR 71308, Dec. 21, 1999] § 52.129 Review of new sources and modifications. top (a) [Reserved] (b) National standards not met. The requirements of §51.160(a) of this chapter are not met in the Pima Intrastate Region since the Rules and Regulations of the Pima County Air Pollution Control District are not adequate to prevent construction or modification of a source which would interfere with the attainment or maintenance of the national standards. (c) Regulation for review of new sources and modifications. (1) The requirements of this paragraph are applicable to any stationary source in the Pima Intrastate Region (§81.269 of this chapter), the construction or modification of which is commenced after the effective date of this regulation. (2) No owner or operator shall commence construction or modification of any new source after the effective date of this regulation without first obtaining approval from the Administrator of the location of such source. (i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator. (ii) A separate application is required for each source. (iii) Each application shall be signed by the applicant. (iv) Each application shall be accompanied by site information, stack data, and the nature and amount of emissions. Such information shall be sufficient to enable the Administrator to make any determination pursuant to paragraph (c)(3) of this section. (v) Any additional information, plans, specifications, evidence or documentation that the Administrator may require shall be furnished upon request. (3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that the source will not prevent or interfere with attainment or maintenance of any national standard. (4)(i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (c)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator. (ii) Within thirty (30) days after receipt of a complete application, the Administrator shall: (a) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved. (b) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and (c) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source. (iii) A copy of the notice required pursuant to this paragraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated. (iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located. (v) The Administrator shall take final action on an application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located. (vi) The Administrator may extend each of the time periods specified in paragraph (c)(4) (ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator. (5) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year. (6) Approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with any local, State or Federal regulation which is part of the applicable plan. (7) Approval to construct or modify shall not be required for: (i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff. (ii) Airconditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment. (iii) Fuel burning equipment, other than smokehouse generators, which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 20.0 grain H2 S per 100 stdft 3 (45.8 g/100 stdm 3 ); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel. (iv) Mobile internal combustion engines. (v) Laboratory equipment used exclusively for chemical or physical analysis. (vi) Other sources of minor significance specified by the Administrator. (8) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for and receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act. (d) Regulation for review of new sources and modifications: Federal Regulations. (1) This requirement is applicable to any stationary source subject to the requirements of §52.126(b), the construction or modification of which is commenced after the effective date of this regulation. (2) No owner or operator shall commence construction or modification of any stationary source after the effective date of this regulation, without first obtaining approval from the Administrator of the location and design of such source. (i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator. (ii) A separate application is required for each source. (iii) Each application shall be signed by the applicant. (iv) Each application shall be accompanied by site information, plans, descriptions, specifications, and drawings showing the design of the source, the nature and amount of emissions, and the manner in which it will be operated and controlled. (v) Any additional information, plans, specifications, evidence, or documentation that the Administrator may require shall be furnished upon request. (3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that the source will operate without causing a violation of §52.126(b). (4)(i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (d)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator. (ii) Within thirty (30) days after receipt of a complete application, the Administrator shall: (a) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved. (b) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and (c) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source. (iii) A copy of the notice required pursuant to this paragraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated. (iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located. (v) The Administrator shall take final action on an application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located. (vi) The Administrator may extend each of the time periods specified in paragraph (d)(4)(ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator. (5) The Administrator may impose any reasonable conditions upon an approval including conditions requiring the source to be provided with: (i) Sampling ports of a size, number, and location as the Administrator may require, (ii) Safe access to each port, (iii) Instrumentation to monitor and record emission data, and (iv) Any other sampling and testing facilities. (6) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year. (7) Any owner or operator subject to the provisions of this regulation shall furnish the Administrator written notification as follows: (i) A notification of the anticipated date of initial startup of source not more than 60 days or less than 30 days prior to such date. (ii) A notification of the actual date of initial startup of a source within 15 days after such date. (8) Within 60 days after achieving the maximum production rate at which the source will be operated but not later than 180 days after initial startup of such source, the owner or operator of such source shall conduct a performance test(s) in accordance with the methods and under operating conditions approved by the Administrator and furnish the Administrator a written report of the results of such performance test. (i) Such test shall be at the expense of the owner or operator. (ii) The Administrator may monitor such test and also may conduct performance tests. (iii) The owner or operator of a source shall provide the Administrator 15 days prior notice of the performance test to afford the Administrator the opportunity to have an observer present. (iv) The Administrator may waive the requirement for performance tests if the owner or operator of a source has demonstrated by other means to the Administrator's satisfaction that the source is being operated in compliance with the requirements of §52.126(b). (9) Approval to construct or modify shall not relieve the owner or operator of the responsibility to comply with all local, State, or Federal regulations which are part of the applicable plan. (10) Approval to construct or modify shall not be required for: (i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff. (ii) Air-conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment. (iii) Fuel burning equipment, other than smokehouse generators, which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 20.0 grain H2 S per 100 stdft 3 (45.8 g/100 stdm 3 ); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel. (iv) Mobile internal combustion engines. (v) Laboratory equipment used exclusively for chemical or physical analyses. (vi) Other sources of minor significance specified by the Administrator. (11) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for and receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act. (e) Delegation of authority. (1) The Administrator shall have the authority to delegate responsibility for implementing the procedures for conducting source review pursuant to this section in accordance with paragraphs (g) (2), (3), and (4) of this section. (2) Where the Administrator delegates the responsibility for implementing the procedures for conducting source review pursuant to this section to any Agency, other than a Regional Office of the Environmental Protection Agency, a copy of the notice pursuant to paragraphs (c)(4)(iii) and (d)(4)(iii) of this section shall be sent to the Administrator through the appropriate Regional Office. (3) In accordance with Executive Order 11752, the Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be delegated, other than to a Regional Office of the Environmental Protection Agency, for new or modified sources which are owned or operated by the Federal government or for new or modified sources located on Federal lands; except that, with respect to the latter category, where new or modified sources are constructed or operated on Federal lands pursuant to leasing or other Federal agreements, the Federal Land Manager may at his discretion, to the extent permissible under applicable statutes and regulations, require the lessee or permittee to be subject to new source review requirements which have been delegated to a state or local agency pursuant to this paragraph. (4) The Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be redelegated, other than to a Regional Office of the Environmental Protection Agency, for new or modified sources which are located in Indian reservations except where the State has assumed jurisdiction over such land under other laws, in which case the Administrator may delegate his authority to the States in accordance with paragraphs (g)(2), (3), and (4) of this section. [37 FR 15081, July 27, 1972, as amended at 38 FR 12705, May 14, 1973; 39 FR 7279, Feb. 25, 1974; 39 FR 28285, Aug. 8, 1974; 40 FR 50268, Oct. 29, 1975; 45 FR 67346, Oct. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33922, June 29, 1995] § 52.130 Source surveillance. top (a) The requirements of §51.211 of this chapter are not met since the plan does not contain legally enforceable procedures for requiring sources in the Northern Arizona, Mohave-Yuma, Central Arizona, and Southeast Arizona Intrastate Regions to maintain records of and periodically report on the nature and amounts of emissions. (b) The requirements of §51.213 of this chapter are not met because the plan does not provide procedures for obtaining and maintaining data on actual emission reductions achieved as a result of implementing transportation control measures. (c) Regulation for source recordkeeping and reporting. (1) The owner or operator of any stationary source in the Northern Arizona, Mohave-Yuma, Central Arizona, or Southeast Arizona Intrastate Region (§§81.270, 81.268, 81.271, and 81.272 of this chapter) shall, upon notification from the Administrator, maintain records of the nature and amounts of emissions from such source or any other information as may be deemed necessary by the Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures. (2) The information recorded shall be summarized and reported to the Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31, except that the initial reporting period shall commence on the date the Administrator issues notification of the recordkeeping requirements. (3) Information recorded by the owner or operator and copies of the summarizing reports submitted to the Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures. All such emission data will be available during normal business hours at the regional office (region IX). The Administrator will designate one or more places in Arizona where such emission data and correlations will be available for public inspection. (d) The requirements of §51.214 of this chapter are not met since the plan does not contain legally enforceable procedures for requiring certain stationary sources subject to emission standards to install, calibrate, operate, and maintain equipment for continuously monitoring and recording emissions, and to provide other information as specified in Appendix P of part 51 of this chapter. (e) The requirements of §51.214 of this chapter are not met since the plan does not provide sufficient regulations to meet the minimum specifications of Appendix P in the Maricopa Intrastate Region. Additionally, Maricopa County Air Pollution Control Regulation IV, rule 41, paragraph B, sections 6.0–6.4 (Special Consideration) is disapproved since it does not contain the specific criteria for determining those physical limitations or extreme economic situations where alternative monitoring requirements would be applicable. [37 FR 15081, July 27, 1972] Editorial Note: For Federal Register citations affecting §52.130, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. §§ 52.131-52.132 [Reserved] top § 52.133 Rules and regulations. top (a) Regulation 7–1–1.4(A) (Exceptions) of the Arizona Rules and Regulations for Air Pollution Control, regulations 12–3–2 (Emission Standards) of the Coconino County Rules and Regulations for Air Pollution Control, section 3, regulation 5 (Exceptions) of the Mohave County Air Pollution Control Regulations, regulation 8–1–1.6 (Exceptions) of the Yuma County Air Pollution Control Regulations, and regulation 7–1–2.8 (Exceptions) of the Rules and Regulations for Pinal-Gila Counties Air Quality Control District all provide for an exemption from enforcement action if the violation is attributable to certain events. These events are too broad in scope and the source can obtain the exemption merely by reporting the occurrence. Therefore, the above regulations are disapproved since these regulations make all approved emission limiting regulations potentially unenforceable. (b) Paragraph E of regulation 7–1–1.3 (R9–3–103) (Air Pollution Prohibited) prohibits any person from causing ground level concentrations to exceed ambient standards outside the boundaries of this operation. This regulation could allow violations of ambient air quality standards to occur in areas to which the public has access, contrary to the requirements of section 110(a)(1) of the Clean Air Act. Therefore, paragraph E of regulation 7–1–1.3 (R9–3–103) of the Arizona Rules and Regulations for Air Pollution Control is disapproved. (c) The requirements of subpart G and §51.281 of this chapter are not met since the plan does not provide any enforceable regulations and a demonstration that such regulations will cause the attainment and maintenance of national ambient air quality standards in Graham and Greenlee Counties. (d) Section 3, regulation 4 (Ground Level Concentrations) of the Mohave County Air Pollution Control Regulations, paragraph E of regulation 8–1–1.3 (Air Pollution Prohibited) of the Yuma County Air Pollution Control Regulations, and paragraph C of regulation 7–1–1.3 (Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila Counties Air Quality Control District prohibits any person from causing ground level concentrations to exceed ambient standards outside the boundaries of hisoperation. These regulations could allow violations of ambient air quality standards to occur in areas to which the general public has access, contrary to the requirements of section 110(a)(1) of the Clean Air Act. Therefore, these regulations are disapproved. (e) Rule R18–2–702 of the Arizona Department of Environmental Quality Rules and Regulations sets an opacity standard for emissions from stationary sources of PM–10. The standard does not fulfill the RACM/RACT requirements of section 189(a) of the CAA. The rule also does not comply with enforceability requirements of section 110(a) and SIP relaxation requirements of sections 110(l) and 193. Therefore, Rule R18–2–702 submitted on July 15, 1998 is disapproved. (f) Rules 1–3–130 and 3–1–020 submitted on November 27, 1995 of the Pinal County Air Quality Control District regulations have limited enforceability because they reference rules not contained in the Arizona State Implementation Plan. Therefore, these rules are removed from the Arizona State Implementation Plan. (g) Rules 1–2–110, 1–3–130, 3–1–020, and 4–1–010 submitted on October 7, 1998 of the Pinal County Air Quality Control District regulations have limited enforceability because they reference rules not contained in the Arizona State Implementation Plan. Therefore, these rules are disapproved. [37 FR 15082, July 27, 1972, as amended at 43 FR 33247, July 31, 1978; 43 FR 53035, Nov. 15, 1978; 51 FR 40676, 40677, Nov. 7, 1986; 67 FR 59460, Sept. 23, 2002; 67 FR 68767, Nov. 13, 2002] § 52.134 Compliance schedules. top (a) Federal compliance schedule. (1) Except as provided in paragraph (a)(2) of this section, the owner or operator of any stationary source subject to §52.126(b) shall comply with such regulation on or before January 31, 1974. The owner or operator of the source subject to §52.125(c) shall comply with such regulation at initial start-up of such source unless a compliance schedule has been submitted pursuant to paragraph (a)(2) of this section. (i) Any owner or operator in compliance with §52.126(b) on the effective date of this regulation shall certify such compliance to the Administrator no later than 120 days following the effective date of this paragraph. (ii) Any owner or operator who achieves compliance with §52.125(c) or §52.126(b) after the effective date of this regulation shall certify such compliance to the Administrator within 5 days of the date compliance is achieved. (2) Any owner or operator of the stationary source subject to §52.125(c) and paragraph (a)(1) of this section may, no later than July 23, 1973, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with §52.125(c) as expeditiously as practicable but not later than July 31, 1977. Any owner or operator of a stationary source subject to §52.126(b) and paragraph (a)(1) of this section may, no later than 120 days following the effective date of this paragraph, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with §52.126(b) as expeditiously as practicable but not later than July 31, 1975. (i) The compliance schedule shall provide for periodic increments of progress toward compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Submittal of the final control plan to the Administrator; letting of necessary contracts for construction or process change, or issuance of orders for the purchase of component parts to accomplish emission control equipment or process modification; completion of onsite construction or installation of emission control equipment or process modification; and final compliance. (ii) Any compliance schedule for the stationary source subject to §52.125(c) which extends beyond July 31, 1975, shall apply any reasonable interim measures of control designed to reduce the impact of such source on public health. (3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met. [38 FR 12705, May 14, 1973, as amended at 39 FR 10584, Mar. 21, 1974; 39 FR 43277, Dec. 12, 1974; 40 FR 3994, Jan. 27, 1975; 54 FR 25258, June 14, 1989] § 52.135 Resources. top (a) The requirements of §51.280 of this chapter are not met because the transportation control plan does not contain a sufficient description of resources available to the State and local agencies and of additional resources needed to carry out the plan during the 5-year period following submittal. [38 FR 16564, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986] § 52.136 Control strategy for ozone: Oxides of nitrogen. top EPA is approving an exemption request submitted by the State of Arizona on April 13, 1994 for the Maricopa County ozone nonattainment area from the NOX RACT requirements contained in section 182(f) of the Clean Air Act. This approval exempts the Phoenix area from implementing the NOX requirements for RACT, new source review (NSR), and the applicable general and transportation conformity and inspection and maintenance (I/M) requirements of the CAA. The exemption is based on Urban Airshed Modeling as lasts for only as long as the area's modeling continues to demonstrate attainment without NOX reductions from major stationary sources. [60 FR 19515, Apr. 19, 1995] § 52.137 [Reserved] top § 52.138 Conformity procedures. top (a) Purpose. The purpose of this regulation is to provide procedures as part of the Arizona carbon monoxide implementation plans for metropolitan transportation planning organizations (MPOs) to use when determining conformity of transportation plans, programs, and projects. Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) prohibits MPOs from approving any project, program, or plan which does not conform to an implementation plan approved or promulgated under section 110. (b) Definitions. (1) Applicable implementation plan or applicable plan means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under section 110 of the Clean Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA, 42 U.S.C. 7410(c). (2) Carbon monoxide national ambient air quality standard (CO NAAQS) means the standards for carbon monoxide promulgated by the Administrator under section 109, 42 U.S.C. 7409, of the Clean Air Act and found in 40 CFR 50.8 (3) Cause means resulting in a violation of the CO NAAQS in an area which previously did not have ambient CO concentrations above the CO NAAQS. (4) Contribute means resulting in measurably higher average 8-hour ambient CO concentrations over the NAAQS or an increased number of violations of the NAAQS in an area which currently experiences CO levels above the standard. (5) Metropolitan planning organization (MPO) means the organization designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific purposes of this regulation, MPO means either the Maricopa Association of Governments or the Pima Association of Governments. (6) Nonattainment area means for the specific purpose of this regulation either the Pima County carbon monoxide nonattainment area as described in 40 CFR 81.303 or the Maricopa County carbon monoxide nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban planning area). (7) Transportation control measure (TCM) means any measure in an applicable implementation plan which is intended to reduce emissions from transportation sources. (8) Transportation improvement program (TIP) means the staged multiyear program of transportation improvements including an annual (or biennial) element which is required in 23 CFR part 450. (9) Unified planning work program or UPWP means the program required by 23 CFR 450.108(c) and endorsed by the metropolitan planning organization which describes urban transportation and transportation-related planning activities anticipated in the area during the next 1- to 2-year period including the planning work to be performed with federal planning assistance and with funds available under the Urban Mass Transportation Act (49 U.S.C.) section 9 or 9A. UPWPs are also known as overallwork programs or OWPs. (c) Applicability. These procedures shall apply only to the Maricopa Association of Governments in its role as the designated metropolitan planning organization for Maricopa County, Arizona, and the Pima Association of Governments in its role as the designated metropolitan planning organization for Pima County, Arizona. (d) Procedures—(1) Transportation Plans and Transportation Improvement Programs—(i) Documentation. The MPO shall prepare for each transportation plan and program (except for the unified planning work program), as part of the plan or program, a report documenting for each plan and program the following information: (A) the disaggregated population projections and employment which were assumed in: (1) the applicable plan, and (2) the transportation plan/program; (B) the levels of vehicle trips, vehicle miles traveled, and congestion that were: (1) assumed in the applicable plan, and (2) expected to result from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan/program; (C) for each major transportation control measure in the applicable implementation plan; (1) the TCM's implementation schedule and, if determined in the applicable plan, expected effectiveness in reducing CO emissions, (2) the TCM's current implementation status and, if feasible, its current effectiveness in reducing CO emissions, and (3) actions in the plan/program which may beneficially or adversely affect the implementation and/or effectiveness of the TCM; (D) the CO emission levels resulting from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan/program; and (E) the ambient CO concentration levels, micro-scale and regional, resulting from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan or program. (ii) Findings. Prior to approving a transportation plan/program, the MPO shall determine if the plan/program conforms to the applicable implementation plan. In making this determination, the MPO shall make and support each of the following findings for each transportation plan and program using the information documented in paragraph (d)(1)(i) of this section: (A) that implementation of the transportation plan/program will provide for the implementation of TCMs in the applicable plan on the schedule set forth in the applicable plan; (B) that CO emission levels, microscale and regional, resulting from the implementation of the plan/program will not delay attainment or achievement of any interim emission reductions needed for attainment and/or interfere with maintenance of the CONAAQS throughout the nonattainment area during the period covered by the applicable plan; and (C) that implementation of the plan/program would not cause or contribute to a violation of the CO NAAQS anywhere within the nonattainment area during the period covered by the applicable plan. (2) Amendments to a Transportation Plan or Transportation Implementation Program. Prior to approving any amendment to a transportation plan or program, the MPO shall first determine that the amendment does not substantially change the information provided under paragraph (d)(1)(i) of this section and does not change the findings in paragraph (d)(1)(ii) of this section with respect to the original plan or program. (3) Transportation Projects. As part of any individual transportation project approval made by the MPO, the MPO shall determine whether the project conforms to the applicable implementation plan using the following procedure: (i) For projects from a plan and TIP that has been found to conform under procedures in paragraph (d)(1) of this section within the last three years or from a Plan or TIP amendment that has been found to conform under procedures in paragraph (d)(2) of this section in the past three years, the MPO shall document as part of the approval document: (A) the TIP project number; (B) whether the project is an exempt project as defined in paragraph (e) of this section; and (C) whether the design and scope of the project has changed significantly from the design and scope of the project as described in the conforming TIP: (1) If the design and scope of the project has not changed significantly, the MPO may find the project conforming; or (2) If the design and scope of the project has changed significantly or the design and scope of the project could not be determined from the TIP, the MPO shall use the procedures in paragraph (d)(3)(ii) of this section to determine if the project conforms to the applicable implementation plan. (ii) For projects not exempted under paragraph (e) of this section and not in a plan or a TIP that has been found to conform under procedures in paragraph (d)(1) of this section within the last three years: (A) Documentation. The MPO shall document as part of the approval document for each such project: (1) the disaggregated population and employment projections, to the extent they are used in (i) the applicable plan, and (ii) designing and scoping the project; (2) the levels of vehicle trips, vehicle miles traveled, and congestion that are (i) assumed in the applicable plan, and (ii) expected to result over the period covered by the applicable plan from the construction of the project considering any growth likely to result from the project; (3) for each transportation control measure in the applicable plan likely to be affected by the project: (i) its implementation schedule and expected emission reduction effectiveness from the applicable plan, (ii) its current implementation status and, if feasible, its current effectiveness, and (iii) any actions as part of the project which may beneficially or adversely affect the implementation and/or effectiveness of the TCM; (4) CO emission levels which will result from the project over the period covered by the applicable plan considering any growth likely to result from the project; and (5) ambient CO concentration levels which will result from the project over the period covered by the applicable plan considering any growth likely to result from the project. (B) Findings. Prior to approving any transportation project, the MPO shall determine if the project conforms to the applicable implementation plan. In making this determination, the MPO shall make and support the following findings for each project using the information documented in paragraph (d)(2)(ii)(A) of this section: (1) that the project will provide for the implementation of TCMs affected by the project on the schedule set forth in the applicable plan; (2) that CO emission levels, microscale and regional, resulting from the implementation of the project during the period covered by the applicable plan will not delay attainment or any required interim emission reductions and/or interfere with maintenance of the CO NAAQS in an area substantially affected by the project; (3) that the project will not cause or contribute to a violation of the CO NAAQS during the period covered by the applicable plan near the project; and (4) that the projected emissions from the project, when considered together with emissions projected for the conforming plan and program within the nonattainment area, do not cause the plan and program to exceed the emission reduction projections and schedules assigned to such plans and programs in the applicable implementation plan. (e) Exempt Projects. An individual project is exempt from the requirements of paragraph (d) of this section if it is: (1) located completely outside the nonattainment area; (2) a safety project which is included in the statewide safety improvement program, will not alter the functional traffic capacity or capability of the facility being improved, and does not adversely affect the TCMs in the applicable plan; (3) a transportation control measure from the approved applicable plan; or (4) a mass transit project funded under the Urban Mass Transportation Act, 49 U.S.C. [56 FR 5485, Feb. 11, 1991] § 52.139 [Reserved] top § 52.140 Monitoring transportation trends. top (a) This section is applicable to the State of Arizona. (b) In order to assure the effectiveness of the inspection and maintenance program and the retrofit devices required under the Arizona implementation plan, the State shall monitor the actual per-vehicle emissions reductions occurring as a result of such measures. All data obtained from such monitoring shall be included in the quarterly report submitted to the Administrator by the State in accordance with §58.35 of this chapter. The first quarterly report shall cover the period January 1 to March 31, 1976. (c) In order to assure the effective implementation of §§52.137, 52.138, and 52.139, the State shall monitor vehicle miles traveled and average vehicle speeds for each area in which such sections are in effect and during such time periods as may be appropriate to evaluate the effectiveness of such a program. All data obtained from such monitoring shall be included in the quarterly report submitted to the Administrator by the State of Arizona in accordance with §58.35 of this chapter. The first quarterly report shall cover the period from July 1 to September 30, 1974. The vehicle miles traveled and vehicle speed data shall be collected on a monthly basis and submitted in a format similar to Table 1. Table 1 Time period____________________ Affected area____________________ ------------------------------------------------------------------------ VMT or average vehicle speed ----------------------- Roadway type Vehicle Vehicle type (2) type (1) \1\ ------------------------------------------------------------------------ Freeway......................................... Arterial........................................ Collector....................................... Local........................................... ------------------------------------------------------------------------ \1\ Continue with other vehicle types as appropriate. (d) No later than March 1, 1974, the State shall submit to the Administrator a compliance schedule to implement this section. The program description shall include the following: (1) The agency or agencies responsible for conducting, overseeing, and maintaining the monitoring program. (2) The administrative procedures to be used. (3) A description of the methods to be used to collect the emission data, VMT data, and vehicle speed data; a description of the geographical area to which the data apply; identification of the location at which the data will be collected; and the time periods during which the data will be collected. (e) The quarterly reports specified in paragraphs (b) and (c) of this section shall be submitted to the Administrator through the Regional Office, and shall be due within 45 days after the end of each reporting period. [38 FR 33376, Dec. 3, 1973, as amended at 39 FR 32113, Sept. 5, 1974; 44 FR 27571, May 10, 1979] § 52.141 [Reserved] top § 52.142 Federal Implementation Plan for Tri-Cities landfill, Salt River Pima-Maricopa Indian Community. top The Federal Implementation Plan regulating emissions from an Energy Project at the Tri-Cities landfill located on the Salt River Pima-Maricopa Indian Community near Phoenix, Arizona is codified at 40 CFR 49.22. [64 FR 65664, Nov. 23, 1999] § 52.143 [Reserved] top § 52.144 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Act are not met, since the plan as it applies to stationary sources under the jurisdiction of the Pima County Health Department and the Maricopa County Department of Health Services and stationary sources locating on Indian lands does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulation for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Arizona for that portion applicable to the Pima County Health Department and the Maricopa County Department of Health Services and sources locating on Indian lands. [48 FR 19879, May 3, 1983, as amended at 68 FR 11321, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003] § 52.145 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulations for visibility monitoring and new source review. The provisions of §§52.26, 52.27 and 52.28, are hereby incorporated and made part of the applicable plan for the State of Arizona. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of Arizona. (d) This paragraph is applicable to the fossil fuel-fired, steam-generating equipment designated as Units 1, 2, and 3 at the Navajo Generating Station in the Northern Arizona Intrastate Air Quality Control Region (§81.270 of this chapter). (1) Definitions. Administrator means the Administrator of EPA or his/her designee. Affected Unit(s) means the steam-generating unit(s) at the Navajo Generating Station, all of which are subject to the emission limitation in paragraph (d)(2) of this section, that has accumulated at least 365 boiler operating days since the passage of the date defined in paragraph (d)(6) of this section applicable to it. Boiler Operating Day for each of the boiler units at the Navajo Generating Station is defined as a 24-hour calendar day (the period of time between 12:01 a.m. and 12:00 midnight in Page, Arizona) during which coal is combusted in that unit for the entire 24 hours. Owner or Operator means the owner, participant in, or operator of the Navajo Generating Station to which this paragraph is applicable. Unit-Week of Maintenance means a period of 7 days during which a fossil fuel-fired steam-generating unit is under repair, and no coal is combusted in the unit. (2) Emission limitation. No owner or operator shall discharge or cause the discharge of sulfur oxides into the atmosphere in excess of 42 ng/J [0.10 pound per million British thermal units (lb/MMBtu)] heat input. (3) Compliance determination. Until at least one unit qualifies as an affected unit, no compliance determination is appropriate. As each unit qualifies for treatment as an affected unit, it shall be included in the compliance determination. Compliance with this emission limit shall be determined daily on a plant-wide rolling annual basis as follows: (i) For each boiler operating day at each steam generating unit subject to the emission limitation in paragraph (d)(2) of this section, the owner or operator shall record the unit's hourly SO2 emissions using the data from the continuous emission monitoring systems, [required in paragraph (d)(4) of this section] and the daily electric energy generated by the unit (in megawatt-hours) as measured by the megawatt-hour meter for the unit. (ii) Compute the average daily SO2 emission rate in ng/J (lb/MMBtu) following the procedures set out in method 19, appendix A, 40 CFR part 60 in effect on October 3, 1991. (iii) For each boiler operating day for each affected unit, calculate the product of the daily SO2 emission rate (computed according to paragraph (d)(3)(ii) of this section) and the daily electric energy generated (recorded according to paragraph (d)(3)(i) of this section) for each unit. (iv) For each affected unit, identify the previous 365 boiler operating days to be used in the compliance determination. Except as provided in paragraphs (d)(9) and (d)(10) of this section, all of the immediately preceding 365 boiler operating days will be used for compliance determinations. (v) Sum, for all affected units, the products of the daily SO2 emission rate-electric energy generated (as calculated according to paragraph (d)(3)(iii) of this section) for the boiler operating days identified in paragraph (d)(3)(iv) of this section. (vi) Sum, for all affected units, the daily electric energy generated (recorded according to paragraph (d)(3)(i) of this section) for the boiler operating days identified in paragraph (d)(3)(iv) of this section. (vii) Calculate the weighted plant-wide annual average SO2 emission rate by dividing the sum of the products determined according to paragraph (d)(3)(v) of this section by the sum of the electric energy generated determined according to paragraph (d)(3)(vi) of this section. (viii) The weighted plant-wide annual average SO2 emission rate shall be used to determine compliance with the emission limitation in paragraph (d)(2) of this section. (4) Continuous emission monitoring. The owner or operator shall install, maintain, and operate continuous emission monitoring systems to determine compliance with the emission limitation in paragraph (d)(2) of this section as calculated in paragraph (d)(3) of this section. This equipment shall meet the specifications in appendix B of 40 CFR part 60 in effect on October 3, 1991. The owner or operator shall comply with the quality assurance procedures for continuous emission monitoring systems found in appendix F of 40 CFR part 60 in effect on October 3, 1991. (5) Reporting requirements. For each steam generating unit subject to the emission limitation in paragraph (d)(2) of this section, the owner or operator: (i) Shall furnish the Administrator written notification of the SO2, oxygen, and carbon dioxide emissions according to the procedures found in 40 CFR §60.7 in effect on October 3, 1991. (ii) Shall furnish the Administrator written notification of the daily electric energy generated in megawatt-hours. (iii) Shall maintain records according to the procedures in 40 CFR 60.7 in effect on October 3, 1991. (iv) Shall notify the Administrator by telephone or in writing within one business day of any outage of the control system needed for compliance with the emission limitation in paragraph (d)(2) of this section and shall submit a follow-up written report within 30 days of the repairs stating how the repairs were accomplished and justifying the amount of time taken for the repairs. (6) Compliance dates. The requirements of this paragraph shall be applicable to one unit at the Navajo Generating Station beginning November 19, 1997, to two units beginning November 19, 1998, and to all units beginning on August 19, 1999. (7) Schedule of compliance. The owner or operator shall take the following actions by the dates specified: (i) By June 1, 1992, award binding contracts to an architectural and engineering firm to design and procure the control system needed for compliance with the emission limitation in paragraph (d)(2) of this section. (ii) By January 1, 1995, initiate on-site construction or installation of a control system for the first unit. (iii) By May 1, 1997, initiate start-up testing of the control system for the first unit. (iv) By May 1, 1998, initiate start-up testing of the control system for the second unit. (v) By February 1, 1999, initiate start-up testing of the control system for the third unit. The interim deadlines will be extended if the owner or operators can demonstrate to the Administrator that compliance with the deadlines in paragraph (d)(6) of this section will not be affected. (8) Reporting on compliance schedule. Within 30 days after the specified date for each deadline in the schedule of compliance (paragraph (d)(7) of this section, the owner or operator shall notify the Administrator in writing whether the deadline was met. If it was not met the notice shall include an explanation why it was not met and the steps which shall be taken to ensure future deadlines will be met. (9) Exclusion for equipment failure during initial operation. For each unit, in determining compliance for the first year that such unit is required to meet the emission limitation in paragraph (d)(2) of this section, periods during which one of the following conditions are met shall be excluded: (i) Equipment or systems do not meet designer's or manufacturer's performance expectations. (ii) Field installation including engineering or construction precludes equipment or systems from performing as designed. The periods to be excluded shall be determined by the Administrator based on the periodic reports of compliance with the emission limitation in paragraph (d)(2) of this section which shall identify the times proposed for exclusion and provide the reasons for the exclusion, including the reasons for the control system outage. The report also shall describe the actions taken to avoid the outage, to minimize its duration, and to reduce SO2 emissions at the plant to the extent practicable while the control system was not fully operational. Whenever the time to be excluded exceeds a cumulative total of 30 days for any control system for any affected unit, the owner or operators shall submit a report within 15 days addressing the history of and prognosis for the performance of the control system. (10) Exclusion for catastrophic failure. In addition to the exclusion of periods allowed in paragraph (d)(9) of this section, any periods of emissions from an affected unit for which the Administrator finds that the control equipment or system for such unit is out of service because of catastrophic failure of the control system which occurred for reasons beyond the control of the owner or operators and could not have been prevented by good engineering practices will be excluded from the compliance determination. Events which are the consequence of lack of appropriate maintenance or of intentional or negligent conduct or omissions of the owner or operators or the control system design, construction, or operating contractors do not constitute catastrophic failure. (11) Equipment operation. The owner or operator shall optimally operate all equipment or systems needed to comply with the requirements of this paragraph consistent with good engineering practices to keep emissions at or below the emission limitation in paragraph (d)(2) of this section, and following outages of any control equipment or systems the control equipment or system will be returned to full operation as expeditiously as practicable. (12) Maintenance scheduling. On March 16 of each year starting in 1993, the owner or operator shall prepare and submit to the Administrator a long-term maintenance plan for the Navajo Generating Station which accommodates the maintenance requirements for the other generating facilities on the Navajo Generating Station grid covering the period from March 16 to March 15 of the next year and showing at least 6 unit-weeks of maintenance for the Navajo Generating Station during the November 1 to March 15 period, except as provided in paragraph (d)(13) of this section. This plan shall be developed consistent with the criteria established by the Western States Coordinating Council of the North American Electric Reliability Council to ensure an adequate reserve margin of electric generating capacity. At the time that a plan is transmitted to the Administrator, the owner or operator shall notify the Administrator in writing if less than the full scheduled unit-weeks of maintenance were conducted for the period covered by the previous plan and shall furnish a written report stating how that year qualified for one of the exceptions identified in paragraph (d)(13) of this section. (13) Exceptions for maintenance scheduling. The owner or operator shall conduct a full 6 unit-weeks of maintenance in accordance with the plan required in paragraph (d)(12) of this section unless the owner or operator can demonstrate to the satisfaction of the Administrator that a full 6 unit-weeks of maintenance during the November 1 to March 15 period should not be required because of the following: (i) There is no need for 6 unit-weeks of scheduled periodic maintenance in the year covered by the plan; (ii) The reserve margin on any electrical system served by the Navajo Generating Station would fall to an inadequate level, as defined by the criteria referred to in paragraph (d)(12) of this section. (iii) The cost of compliance with this requirement would be excessive. The cost of compliance would be excessive when the economic savings to the owner or operator of moving maintenance out of the November 1 to March 15 period exceeds $50,000 per unit-day of maintenance moved. (iv) A major forced outage at a unit occurs outside of the November 1 to March 15 period, and necessary periodic maintenance occurs during the period of forced outage. If the Administrator determines that a full 6 unit-weeks of maintenance during the November 1 to March 15 period should not be required, the owner or operator shall nevertheless conduct that amount of scheduled maintenance that is not precluded by the Administrator. Generally, the owner or operator shall make best efforts to conduct as much scheduled maintenance as practicable during the November 1 to March 15 period. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 56 FR 50186, Oct. 3, 1991; 61 FR 14975, Apr. 4, 1996] § 52.146 Particulate matter (PM–10) Group II SIP commitments. top (a) On December 28, 1988, the Governor's designee for Arizona submitted a revision to the State Implementation Plan (SIP) for Casa Grande, Show Low, Safford, Flagstaff and Joseph City, that contains commitments, from the Director of the Arizona Department of Environmental Quality, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM–10 Group II SIPs. (b) The Arizona Department of Environmental Quality has committed to comply with the PM–10 Group II State Implementation Plan (SIP) requirements for Casa Grande, Show Low, Safford, Flagstaff and Joseph City as provided in the PM–10 Group II SIPs for these areas. (c) On December 28, 1988, the Governor's designee for Arizona submitted a revision to the State Implementation Plan (SIP) for Ajo, that contains commitments from the Director of the Arizona Department of Environmental Quality, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM–10 Group II SIPs. (d) The Arizona Department of Environmental Quality has committed to comply with the PM–10 Group II State Implementation Plan (SIP) requirements. [55 FR 17437, Apr. 25, 1990 and 55 FR 18108, May 1, 1990] § 52.150 Yavapai-Apache Reservation. top (a) The provisions for prevention of significant deterioration of air quality at 40 CFR 52.21 are applicable to the Yavapai-Apache Reservation, pursuant to §52.21(a). (b) In accordance with section 164 of the Clean Air Act and the provisions of 40 CFR 52.21(g), the Yavapai-Apache Indian Reservation is designated as a Class I area for the purposes of preventing significant deterioration of air quality. [61 FR 56470, Nov. 1, 1996] Subpart E—Arkansas top § 52.170 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for Arkansas under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to December 1, 2005, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after December 1, 2005, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 6 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations that have been approved as part of the State implementation plan as of December 1, 2005. (3) Copies of the materials incorporated by reference may be inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700, Dallas, Texas, 75202–2733; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 401 M St., SW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA-Approved Regulations in the Arkansas SIP ---------------------------------------------------------------------------------------------------------------- State submittal/ State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Regulation 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control ---------------------------------------------------------------------------------------------------------------- Chapter 1: Title, Intent and Purpose ---------------------------------------------------------------------------------------------------------------- Section 19.101................. Title............. 01/22/99 10/16/00 (65 FR 61103). Section 19.102................. Applicability..... 01/22/99 10/16/00 (65 FR 61103). Section 19.103................. Intent and 01/22/99 10/16/00 (65 FR Construction. 61103). Section 19.104................. Severability...... 01/22/99 10/16/00 (65 FR 61103). ---------------------------------------------------------------------------------------------------------------- Chapter 2: Definitions ---------------------------------------------------------------------------------------------------------------- Chapter 2...................... Definitions....... 01/22/99 10/16/00 (65 FR 61103). ---------------------------------------------------------------------------------------------------------------- Chapter 3: Protection of the NAAQS ---------------------------------------------------------------------------------------------------------------- Section 19.301................. Purpose........... 01/22/99 10/16/00 (65 FR 61103). Section 19.302................. Department 01/22/99 10/16/00 (65 FR Responsibilities. 61103). Section 19.303................. Regulated Sources 01/22/99 10/16/00 (65 FR Responsibilities. 61103). Section 19.304................. Delegated Federal 01/22/99 10/16/00 (65 FR Programs. 61103). ---------------------------------------------------------------------------------------------------------------- Chapter 4: Minor Source Review ---------------------------------------------------------------------------------------------------------------- Section 19.401................. General 01/22/99 10/16/00 (65 FR Applicability. 61103). Section 19.402................. Approval Criteria. 01/22/99 10/16/00 (65 FR 61103). Section 19.403................. Owner/Operator's 01/22/99 10/16/00 (65 FR Responsibilities. 61103). Section 19.404................. Required 01/22/99 10/16/00 (65 FR Information. 61103). Section 19.405................. Action on 01/22/99 10/16/00 (65 FR Application. 61103). Section 19.406................. Public 01/22/99 10/16/00 (65 FR Participation. 61103). Section 19.407................. Permit Amendments. 01/22/99 10/16/00 (65 FR 61103). Section 19.408................. Exemption from 01/22/99 10/16/00 (65 FR Permitting. 61103). Section 19.409................. Transition........ 01/22/99 10/16/00 (65 FR 61103). Section 19.410................. Permit Revocation 01/22/99 10/16/00 (65 FR and Cancellation. 61103). Section 19.411................. General Permits... 01/22/99 10/16/00 (65 FR 61103). Section 19.412................. Dispersion 01/22/99 10/16/00 (65 FR Modeling. 61103). Section 19.413................. Confidentiality... 01/22/99 10/16/00 (65 FR 61103). ---------------------------------------------------------------------------------------------------------------- Chapter 5: General Emission Limitations Applicable to Equipment ---------------------------------------------------------------------------------------------------------------- Section 19.501................. Purpose........... 01/22/99 10/16/00 (65 FR 61103). Section 19.502................. General 01/22/99 10/16/00 (65 FR Regulations. 61103). Section 19.503................. Visible Emission 01/22/99 10/16/00 (65 FR Regulations. 61103). Section 19.504................. Stack Height/ 01/22/99 10/16/00 (65 FR Dispersion 61103). Regulations. Section 19.505................. Revised Emission 01/22/99 10/16/00 (65 FR Limitation. 61103). ---------------------------------------------------------------------------------------------------------------- Chapter 6: Upset and Emergency Conditions ---------------------------------------------------------------------------------------------------------------- Section 19.601................. Upset Conditions.. 01/22/99 10/16/00 (65 FR 61103). Section 19.602................. Emergency 01/22/99 10/16/00 (65 FR Conditions. 61103). ---------------------------------------------------------------------------------------------------------------- Chapter 7: Sampling, Monitoring, and Reporting Requirements ---------------------------------------------------------------------------------------------------------------- Section 19.701................. Purpose........... 01/22/99 10/16/00 (65 FR 61103). Section 19.702................. Air Emission 01/22/99 10/16/00 (65 FR Sampling. 61103). Section 19.703................. Continuous 01/22/99 10/16/00 (65 FR Emission 61103). Monitoring. Section 19.704................. Notice of 01/22/99 10/16/00 (65 FR Completion. 61103). Section 19.705................. Recordkeeping and 01/22/99 10/16/00 (65 FR Reporting 61103). Requirements. Section 19.706................. Public 01/22/99 10/16/00 (65 FR Availability of 61103). Emissions Data. ---------------------------------------------------------------------------------------------------------------- Chapter 9: PSD ---------------------------------------------------------------------------------------------------------------- Section 19.901................. Title............. 01/22/99 10/16/00 (65 FR 61103). Section 19.902................. Purposes.......... 01/22/99 10/16/00 (65 FR 61103). Section 19.903................. Definitions....... 01/22/99 10/16/00 (65 FR 61103). Section 19.904................. Adoption of 01/22/99 10/16/00 (65 FR Regulations. 61103). ---------------------------------------------------------------------------------------------------------------- Chapter 10: Regulations for the Control of Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- Section 19.1001................ Title............. 01/22/99 10/16/00 (65 FR 61103). Section 19.1002................ Purpose........... 01/22/99 10/16/00 (65 FR 61103). Section 19.1003................ Definitions....... 01/22/99 10/16/00 (65 FR 61103). Section 19.1004................ General Provisions 01/22/99 10/16/00 (65 FR 61103). Section 19.1005................ Provisions for 01/22/99 10/16/00 (65 FR Specific 61103). Processes. Section 19.1006................ Severability...... 01/22/99 10/16/00 (65 FR 61103). ---------------------------------------------------------------------------------------------------------------- Chapter 11: Major Source Permitting Procedures ---------------------------------------------------------------------------------------------------------------- Chapter 11..................... Major Source 01/22/99 10/16/00 (65 FR Permitting 61103). Procedures. ---------------------------------------------------------------------------------------------------------------- Appendix A: Insignificant Activities List ---------------------------------------------------------------------------------------------------------------- Appendix A..................... Insignificant 01/22/99 10/16/00 (65 FR Activities List. 61103). ---------------------------------------------------------------------------------------------------------------- Regulation 26: Regulations of the Arkansas Operating Permit Program ---------------------------------------------------------------------------------------------------------------- Chapter 3: Requirements for Permit Applicability ---------------------------------------------------------------------------------------------------------------- Section 26.301................. Requirement for a 08/10/00 10/9/01 (66 FR permit. 51312). Section 26.302................. Sources subject to 08/10/00 10/9/01 (66 FR permitting. 51312). ---------------------------------------------------------------------------------------------------------------- Chapter 4: Applications for Permits ---------------------------------------------------------------------------------------------------------------- Section 26.401................. Duty to apply..... 08/10/00 10/9/01 (66 FR 51312). Section 26.402................. Standard 08/10/00 10/9/01 (66 FR application form 51312). and required information. Section 26.407................. Complete 08/10/00 10/9/01 (66 FR application. 51312). Section 26.409................. Applicants duty to 08/10/00 10/9/01 (66 FR supplement 51312). correct application. Section 26.410................. Certification by 08/10/00 10/9/01 (66 FR responsible 51312). official. ---------------------------------------------------------------------------------------------------------------- Chapter 5: Action on Application ---------------------------------------------------------------------------------------------------------------- Section 26.501................. Action on part 70 08/10/00 10/9/01 (66 FR Subsection B Not in SIP. permit 51312). applications. Section 26.502................. Final action on 08/10/00 10/9/01 (66 FR permit 51312). application. ---------------------------------------------------------------------------------------------------------------- Chapter 6: Permit Review by the Public, Affected States, and EPA ---------------------------------------------------------------------------------------------------------------- Section 26.601................. Untitled 08/10/00 10/9/01 (66 FR introduction to 51312). Chapter 6. Section 26.602................. Public 08/10/00 10/9/01 (66 FR Only Subsection A(1), A(2), participation. 51312). A(5) and D in SIP. Section 26.603................. Transmission of 08/10/00 10/9/01 (66 FR permit 51312). information to the Administrator. Section 26.604................. Review of draft 08/10/00 10/9/01 (66 FR permit by 51312). affected States. ---------------------------------------------------------------------------------------------------------------- Arkansas Regulation No. 9: Permit Fees ---------------------------------------------------------------------------------------------------------------- Section 1...................... Purpose........... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 2...................... Short Title....... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 3...................... Definitions....... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 4...................... Applicability..... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 5...................... Maximum Fees...... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 6...................... Retroactivity..... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 7...................... Permit Fee Payment 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 8...................... Refunds........... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 9...................... Solid Waste Fee... ........... ................. NOT IN SIP. Section 10..................... Fee Schedule...... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 11..................... Review of Fees.... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 12..................... Severability...... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 13..................... Appeals........... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). Section 14..................... Effective Date.... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24). 40975). ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State source-specific requirements. EPA-Approved Arkansas Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State approval/ EPA Name of source Permit No. effective approval Comments date date ---------------------------------------------------------------------------------------------------------------- None. ---------------------------------------------------------------------------------------------------------------- (e) EPA-approved nonregulatory provisions and quasi-regulatory measures. EPA-Approved Statutes in the Arkansas SIP ---------------------------------------------------------------------------------------------------------------- State submittal/ State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Arkansas Water and Air Pollution Control Act_Part I ---------------------------------------------------------------------------------------------------------------- 82.1901........................ Title of Act...... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). 10841). 82.1902........................ Definitions....... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). 10841). 82.1903........................ Pollution Control 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Commission. 10841). 82.1904........................ Powers and Duties 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). of Commission. 10841). 82.1905........................ Persons Operating 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Disposal 10841). System_Furnishing Information and Permitting Examinations and Surveys. 82.1906........................ Hearing Before 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Commission or 10841). Member_Appeal Procedure. 82.1907........................ Co-operation with 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Agency of Another 10841). State or United States. 82.1908........................ Actions Declared 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Public 10841). Nuisance_Permit to Construct, Make Changes in or Operate Disposal System_Submission of Plans. 82.1909........................ Violation of Act a 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Misdemeanor_Pollu 10841). tion a Nuisance_Abatemen t. ---------------------------------------------------------------------------------------------------------------- Arkansas Environmental Permit Fees Act (Act 817 of 1983) ---------------------------------------------------------------------------------------------------------------- 82-1916 thru 82-1921........... Permit Fees Act... 12/16/85 11/12/86 (51 FR Ref 522.200(c)(24). 40975). ---------------------------------------------------------------------------------------------------------------- Arkansas Water and Air Pollution Control Act_Part II ---------------------------------------------------------------------------------------------------------------- 82-1931........................ Air Pollution- 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). State Policy. 10841). 82-1932........................ Purpose of Act.... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). 10841). 82-1933........................ Definitions....... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). 10841). 82-1934........................ Exemptions........ 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). 10841). 82-1935........................ Powers of 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Commission. 10841). 82-1936........................ Factors in 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Exercise of 10841). Commission Powers. 82-1937........................ Industrial Secrets 11/25/85 08/04/86 (51 FR Ref 52.200(c)(23). Confidential_Reve 27840). aling a Misdemeanor. 82-1938........................ Unlawful Acts..... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). 10841). 82-1939........................ Variance from 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Regulations. 10841). 82-1940........................ Application of 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Water Pollution 10841). Provisions. 82-1941........................ Political 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Subdivision 10841). Forbidden to Legislate on Air Pollution. 82-1942........................ Radiation Control 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Law Not Amended 10841). or Repealed_No Authority to Commission Over Employer-Employee Relationships. 82-1943........................ Private Rights 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b). Unchanged. 10841). ---------------------------------------------------------------------------------------------------------------- Small Business Assistance Program Act (Act 251 of 1993) ---------------------------------------------------------------------------------------------------------------- Act 251........................ SBAP Act.......... 02/26/93 03/08/95 (60 FR Ref 52.200(c)(31). 12691). ---------------------------------------------------------------------------------------------------------------- EPA-Approved Control Measures in the Arkansas SIP ---------------------------------------------------------------------------------------------------------------- State Applicable submittal/ Control measures geographic or effective EPA approval date Explanation nonattainment area date ---------------------------------------------------------------------------------------------------------------- Air Quality Surveillance....... Statewide......... 04/24/80 08/06/81 (46 FR Ref 52.200(c)(6) & 40005). (20). Lead SIP....................... Statewide......... 12/10/79 04/16/82 (47 FR Ref 52.200(c)(17). 16328). Protection of Visibility in Statewide......... 06/12/85 02/10/86 (51 FR Ref 52.200(c)(22). Mandatory Class I Federal 4910). Areas. Part II of the Visibility Statewide......... 10/09/87 07/21/88 (53 FR Ref 52.200(c)(25). Protection Plan. 27514). Good Engineering Practice Stack Statewide......... 06/1/87 02/23/89 (54 FR Ref 52.200(c)(26). Height Regulations. 7764). Small Business Stationary Statewide......... 11/06/92 03/08/95 (60 FR Ref 52.200(c)(31). Source Technical and 12691). Environmental Compliance Assistance Program. ---------------------------------------------------------------------------------------------------------------- [63 FR 56927, Oct. 23, 1998, as amended at 65 FR 61107, Oct. 16, 2000; 66 FR 51316, Oct. 9, 2001; 71 FR 13545, Mar. 16, 2006] § 52.171 Classification of regions. top The Arkansas plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Central Arkansas Intrastate............................... II III III III III Metropolitan Fort Smith Interstate........................ II III III III III Metropolitan Memphis Interstate........................... I III III III I Monroe (Louisiana)-El Dorado (Arkansas) Interstate........ II III III III III Northeast Arkansas Intrastate............................. III III III III III Northwest Arkansas Intrastate............................. III III III III III Shreveport-Texarkana-Tyler Interstate..................... II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 6571, Jan. 29, 1980] § 52.172 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Arkansas' plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Further, the Administrator finds that the plan satisfies all requirements of Part D of the Clean Air Act, as amended in 1977, except as noted below. [45 FR 6571, Jan. 29, 1980] §§ 52.173-52.180 [Reserved] top § 52.181 Significant deterioration of air quality. top (a) The plan submitted by the Governor of Arkansas as follows: (1) April 23, 1981—submittal of the PSD Supplement Arkansas Plan of Implementation for Pollution Control (the “PSD Supplement”) submitted April 23, 1981 (as adopted by the Arkansas Commission on Pollution Control and Ecology (ACPCE) on April 10, 1981); (2) June 3, 1988—submittal of revisions to the PSD Supplement (revised and adopted by the ACPCE on March 25, 1988); (3) June 19, 1990—submittal of revisions to the PSD Supplement (revised and adopted by the ACPCE on May 25, 1990), and; (4) March 5, 1999—submittal of Regulation 19, Chapter 9, Prevention of Significant Deterioration which recodified Arkansas' PSD regulations (as adopted by the Arkansas Pollution Control and Ecology Commission on January 22, 1999) (b) The requirements of sections 160 through 165 of the Clean Air Act are not met for federally designated Indian lands. Therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable implementation plan and are applicable to sources located on land under the control of Indian governing bodies. [56 FR 20139, May 2, 1991, as amended at 63 FR 17683, Apr. 10, 1998; 63 FR 32981, June 17, 1998; 65 FR 61108, Oct. 16, 2000; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003] § 52.183 Small business assistance program. top The Governor of Arkansas submitted on November 6, 1992, a plan revision to develop and implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM) to meet the requirements of section 507 of the Clean Air Act by November 15, 1994. The plan commits to provide technical and compliance assistance to small businesses, hire an Ombudsman to serve as an independent advocate for small businesses, and establish a Compliance Advisory Panel to advise the program and report to the EPA on the program's effectiveness. On April 23, 1993, the Governor submitted Act 251 of 1993 which establishes the Compliance Advisory Panel for the PROGRAM. [60 FR 12695, Mar. 8, 1995] § 52.200 Original identification of plan section. top (a) This section identifies the original “Arkansas Plan for Implementation for Air Pollution Control” and all revisions submitted by Arkansas that were federally approved prior to July 1, 1998. (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) A certification that the public hearings on the plan were held was submitted by the State Department of Pollution Control and Ecology on January 25, 1972. (Non-regulatory) (2) State Department of Pollution Control and Ecology letter outlining projected emission reductions, ASA forecasts, source surveillance, legal authority and interstate cooperation was submitted on February 24, 1972. (Non-regulatory) (3) Revision of section 16 of the State air code was submitted by the Department of Pollution Control and Ecology on July 7, 1972. (4) June 27, 1975, letter from the Governor submitting sections 1 through 10 of the Regulations and Strategy of the Arkansas Plan of Implementation for Air Pollution Control except those portions relating to delegation of authority to enforce Federal requirements. (5) August 16, 1976, statement issued by Director of the Arkansas Department of Pollution Control and Ecology specifying the test and reference methods for determining compliance with emission limitations. (6) Administrative changes to the Arkansas Air Quality Surveillance Network were submitted by the Arkansas Department of Pollution Control and Ecology on February 15, 1977, January 10, 1978, and March 27, 1978. (Non-regulatory.) (7) On April 4, 1979, the Governor submitted the nonattainment area plan for the area designated nonattainment as of March 3, 1978. (8) On August 14, 1979, the Governor submitted supplemental information clarifying the plan. (9) Revisions to Arkansas Regulation 4.5(a) for the “Control of Volatile Organic Compounds” showing a final compliance date of June 1, 1981, was submitted by the Arkansas Governor on December 10, 1979. (10) A modification to the definition for lowest achievable emission rate (LAER), consistent with the definition contained in section 171(3) of the Act, was submitted by the Arkansas Governor on December 10, 1979. (11) On July 11, 1979, the Governor submitted revisions to section 6(a) malfunction or upset and section 7(e) continuous emission monitoring of the Arkansas Regulations. (12) Revisions to section 3 (i.e., 3.(a), (b), (k), (l), (n), (o), (z), (bb), (dd), (ee), (ff), and (gg)), section 4 (i.e., 4.1(b), 4.2(a), 4.5(a)(1), 4.5(a)(2), 4.6(c), and 4.6(d)), and section 5 (i.e., 5.4 and 5.5) were adopted by the Arkansas Commission on Pollution Control and Ecology on September 26, 1980 and submitted by the Governor on October 10, 1980. (13) Revisions to section 3 (i.e., 3.(ii) through 3.(nn)), section 4 (i.e., 4.1, 4.5(a)(1), 4.5(a)(2), and 4.6(e)), and section 5 (i.e., 5.6) of the Arkansas Regulations for the Control of Volatile Organic Compounds were adopted by the Arkansas Commission on Pollution Control and Ecology on April 10, 1981 and submitted by the Governor on April 23, 1981. (14) A variance to Regulation 8 for Weyerhaeuser Gypsum Plant in Nashville, Arkansas was submitted by the Governor on June 29, 1981. (15) On April 23, 1981, the Governor submitted revisions to the plan to incorporate Federal Prevention of Significant Deterioration (PSD) Regulations 40 CFR 52.21 by reference. (16) On September 11, 1981, the Governor submitted a revision to section 8 of the Regulations of the Arkansas Plan of Implementation for Air Pollution Control which implements an emission limit for Energy Systems Company of El Dorado, Arkansas. (17) The Arkansas State Implementation Plan for lead was submitted to EPA on December 10, 1979, by the Governor of Arkansas as adopted by the Arkansas Department of Pollution Control and Ecology on November 16, 1979. A letter of clarification dated January 5, 1982, also was submitted. (18) Revisions to the plan for intergovernmental consultation, interstate pollution abatement, and composition of the Arkansas Commission on Pollution Control and Ecology were submitted to EPA by the Arkansas Department of Pollution Control and Ecology on January 9, 1980. (19) Revision to the plan for maintenance of employee pay was submitted to EPA by the Arkansas Department of Pollution Control and Ecology on January 9, 1980. (20) On April 24, 1980, the Governor submitted final revisions to the ambient monitoring portion of the plan. (21) On December 10, 1979, the Governor submitted a revision to Section 5.1(a) of the Regulation of the Arkansas Plan of Implementation for Air Pollution Control, which controls VOC emissions. This revision was adopted by the Arkansas Commission on Pollution Control and Ecology on November 16, 1979. (22) On July 12, 1985, the Governor submitted a revision entitled, “Protection of Visibility in Mandatory Class I Federal Areas, May 6, 1985.” This submittal included new source review regulations and visibility monitoring strategy as adopted by the Arkansas Commission on Pollution Control and Ecology on May 24, 1985. (i) Incorporation by reference. (A) New source review regulations include amendments to rules and regulations of the Arkansas Department of Pollution Control and Ecology entitled, “Prevention of Significant Deterioration Supplement to the Arkansas Plan of Implementation for Air Pollution Control,” Sections 1 through 6, adopted on May 24, 1985. (B) Arkansas Department of Pollution Control and Ecology Minute Order No. 85–12, adopted May 24, 1985. (ii) Additional material. (A) Narrative submittal, including introduction, and visibility monitoring strategy. (23) A revision to the Arkansas Plan of Implementation of Air Pollution Control was submitted by the Governor on November 25, 1985. (i) Incorporation by reference. (A) Act 763 of 1985 (public availability of emission data) approved April 3, 1985. Act 763 of 1985 amends section 82–1937 (Industrial secrets confidential—Revealing a misdemeanor) of the Arkansas Water and Air Pollution Control Act. (24) A revision to the Arkansas Plan of Implementation for Air Pollution Control was submitted by the Governor on December 16, 1985. (i) Incorporation by reference. (A) Act 817 of 1983 (permit fees) adopted March 25, 1983. Act 817 of 1983 added sections 82–1916 thru 82–1921 to the Arkansas Statutes. (B) Arkansas Department of Pollution Control and Ecology Regulation No. 9 (Regulations for Development and Implementation of a Permit Fee System for Environmental Permits) adopted by the Arkansas Commission on Pollution Control and Ecology on November 16, 1984. Only those portions of Regulation No. 9 related to air permits are incorporated. (25) Part II of the Visibility Protection Plan was submitted by the Governor on October 9, 1987. (i) Incorporation by reference. (A) Revision entitled “Arkansas Plan of Implementation for Air Pollution Control—Revision: Protection of Visibility in Mandatory Class I Federal Areas: Part II—Long-Term Strategy, September 29, 1987”. This submittal includes a visibility long-term strategy and general plan provisions as adopted by the Arkansas Commission on Pollution Control and Ecology on September 25, 1987. (B) Arkansas Department of Pollution Control and Ecology, Minute Order No. 87–24, adopted September 25, 1987. (ii) Additional material. (A) None. (26) A revision to the Arkansas Plan of Implementation for Air Pollution Control, as adopted by the Arkansas Commission on Pollution Control and Ecology on May 22, 1987, was submitted by the Governor of Arkansas on July 1, 1987. This revision adds the definitions and dispersion technique regulations required to implement the Federal stack height regulations. (i) Incorporation by reference. (A) Sections 3(r), 3(s), 3(t), 3(u), 3(v), 3(w), 3(x), 3(y), 5(f), and 5(g) of the Arkansas Plan of Implementation for Air Pollution Control as adopted by the Arkansas Commission on Pollution Control and Ecology on May 22, 1987. (ii) Additional material. None. (27) Revisions to the Arkansas State Implementation Plan for (1) the National Ambient Air Quality Standards and particulate matter definitions (subsections (z) through (ff) of “Section 3. Definitions”). (2) Prevention of Significant Deterioration of Air Quality and its Supplement, and (3) subsection f(ix) of “Section 4. Permits”, as adopted on March 25, 1988, by the Arkansas Commission on Pollution Control and Ecology, were submitted by the Governor on June 3, 1988. (i) Incorporation by reference. (A) Regulations of the Arkansas Plan of Implementation for Air Pollution Control “Section 3. Definitions”, subsections (z) through (ff), as promulgated on March 25, 1988. (B) Prevention of Significant Deterioration Supplement Arkansas Plan of Implementation For Air Pollution Control, as amended on March 25, 1988. (C) Regulations of the Arkansas Plan for Implementation for Air Pollution Control “Section 4. Permits”, subsection f(ix), as promulgated on March 25, 1988. (ii) Other material. None. (28) Revisions to the Arkansas State Implementation Plan for Prevention of Significant Deterioration (PSD) of Air Quality Supplement Arkansas Plan of Implementation for Air Pollution Control (PSD nitrogen dioxide increments), as adopted on May 25, 1990, by the Arkansas Commission on Pollution Control and Ecology, were submitted by the Governor on June 19, 1990. (i) Incorporation by reference. (A) Prevention of Significant Deterioration Supplement Arkansas Plan of Implementation For Air Pollution Control as amended on May 25, 1990. (ii) Additional material. None. (29)–(30) [Reserved] (31) The State is required to implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM) as specified in the plan revision submitted by the Governor on November 6, 1992. This plan submittal, as adopted by the Arkansas Commission on Pollution Control and Ecology on November 5, 1992, was developed in accordance with section 507 of the Clean Air Act. On April 23, 1993, the Governor submitted Act 251 of 1993 which establishes the Compliance Advisory Panel (CAP) for the PROGRAM. (i) Incorporation by reference. (A) Act 251 of 1993 approved by the Governor on February 26, 1993. Included in this Act are provisions creating a CAP, establishing membership of the CAP, and addressing the responsibilities and duties of the CAP. (B) Arkansas Department of Pollution Control and Ecology, Minute Order No. 92–81, adopted November 5, 1992. (ii) Additional material. (A) Revision entitled, “Arkansas Small Business Stationary Source Technical and Environmental Compliance Assistance Program SIP Revision”, adopted November 5, 1992. (B) Legal opinion letter dated November 5, 1992, from Steve Weaver, Chief Counsel, Arkansas Department of Pollution Control and Ecology, regarding legality of Commission teleconference meeting. [37 FR 10850, May 31, 1972. Redesignated at 63 FR 56827, Oct. 23, 1998] Editorial Note: For Federal Register citations affecting §52.200, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart F—California top § 52.219 Identification of plan—conditional approval. top The plan revision commitments listed in paragraph (a) of this section were submitted on the date specified. (a) On November 13, 1992, California submitted a commitment to prepare a revision to the California State Implementation Plan (SIP) for the California ozone nonattainment areas to address the requirement in section 182(c)(4)(B) of the 1990 Clean Air Act Amendments that requires the States to develop a SIP revision for all ozone nonattainment areas classified as serious and above to opt-out of the Clean-Fuel Fleet Program by submitting for EPA approval a substitute program(s) resulting in as much or greater long-term reductions in ozone-producing and toxic air emissions. The State submittal contained an interim milestone to supply more accurate emission reduction data demonstrating equivalence no later than one year after the publication date of the Federal Register notice approving the State's committal SIP revision. California is required to submit the final SIP revision by May 15, 1994. The State held a public meeting on this committal SIP on March 17, 1992. The California SIP revisions are met automatically when the SIP revision concerns a regulation previously adopted by the Board. (b) [Reserved] [58 FR 62533, Nov. 29, 1993] § 52.220 Identification of plan. top Link to an amendment published at 71 FR 14654, Mar. 23, 2006. Link to an amendment published at 71 FR 18218, Apr. 11, 2006. (a) Title of plan: “The State of California Implementation Plan for Achieving and Maintaining the National Ambient Air Quality Standards”. (b) The plan was officially submitted on February 21, 1972. (1) Mendocino County APCD. (i) Previously approved on May 31, 1972 and now deleted without replacement parts XI, XII, and part XIII. (ii) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Part X, Paragraph 3. (2) Placer County APCD. (i) Previously approved on May 31, 1972 and now deleted without replacement Rule 42 (Mountain Counties Air Basin), Rules 40 and 42 (Lake Tahoe Air Basin). (ii) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rules 40 and 42. (iii) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement for implementation in the Lake Tahoe Air Basin, Rules 2–17, 2–18, 2–19, and 2–20. (iv) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement for implementation in the Mountain Counties Air Basin, Rules 2–17, 2–18, 2–19, 2–20. (3) Tehama County APCD. (i) Previously approved on May 31, 1972 and now deleted without replacement Rule 5.1. (ii) Previously approved on May 31, 1972 and now deleted without replacement Rule 4.13. (4) San Bernardino County APCD. (i) Previously approved on May 31, 1972 and now deleted without replacement Regulation VI, Rules 100 to 104, 109, 110, 120, and 130 to 137. (ii) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Regulation 3, Rules 40, 42, 43, and 44. (5) Ventura County Air Pollution Control District. (i) Previously approved on September 22, 1972 and now deleted without replacement Rule 18. (6) Lassen County APCD. (i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rules 1.4, 3.2, 3.3 (Schedules 1–6), 3.4, and 3.5. (7) Nevada County APCD. (i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rule 41. (ii) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rules 17, 18, and 19. (8) Orange County APCD. (i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rule 120. (9) Sierra County APCD. (i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rules 46 and 50. (10) Siskiyou County APCD. (i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rules 3.1, 3.2, and 3.3. (ii) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rules 2.4, 2.6, and 5.1 to 5.18. (11) Yolo-Solano AQMD. (i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rules 1.7 and 2.18. (12) California Air Resources Board. (i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, California Health & Safety Code §§24292, 24296 to 24303 (Variances); §§24310 to 24323 (Procedure); and §§24362.6 to 24363 and 24365.1 to 24365.12 (Rules and Regulations). (13) El Dorado County Air Pollution Control District. (i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rules 77, 78, 79, and 80. (14) Imperial County Air Pollution Control District. (i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement, Rule 110. (c) The plan revisions listed below were submitted on the dates specified. (1) Air quality data submitted on April 10, 1972, by the Air Resources Board. (2) Report on status of regulations submitted on April 19, 1972, by the Air Resources Board. (3) Emission inventory submitted on April 21, 1972, by the Air Resources Board. (4) Air quality data submitted on April 26, 1972, by the Air Resources Board. (5) Air quality data submitted on May 5, 1972, by the Air Resources Board. (6) Revised regulations for all APCD's submitted on June 30, 1972, by the Governor, except for: (i) San Diego County Air Pollution Control District. (A) Rule 65 is now removed without replacement as of March 14, 1989. (B) Previously approved on September 22, 1972 and now deleted without replacement Rules 44, 75, 77 to 80, 82 to 84, and 86 to 91. (C) Previously approved on September 22, 1972 and now deleted without replacement, Rules 12 and 13. (D) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rules 18, 22, 23, and 24. (ii) Calaveras County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rule 305. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rule 109. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rules 204, 206, 210, 211, 212, and 213. (iii) Colusa County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 3.1 and 5.1 to 5.17. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 1.4, 2.13, 6.11 and 6.12. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rules 1.6, 2.9, 2.10, 2.11, 2.12, and 4.2. (iv) Fresno County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 501, 502, 504, 506, 508 to 512, 514, 516, and 517. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 104, 105, 107, 109, 303, and 304. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rule 206. (v) Glenn County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 111, 113 to 117, 119 to 125, and 150. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 151 and 153. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rules 53, 54, 55, and 97. (vi) Kern County APCD (including Southeast Desert). (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 502, 505 to 510, 512 to 515, and 517. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 107, 109, 303, and 304. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement for implementation in Kern County, Southeast Desert Air Basin, Rules 204, 206, 210, 211, 212, and 213. (D) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement for implementation in Kern County, San Joaquin Valley Air Basin, Rules 107, 109, 206, 303, and 304. (E) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement Rule 403 (Southeast Desert). (vii) Kings County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 502 to 509, 511 to 517. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rule 109. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rules 206 and 518. (viii) Lassen County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 1.5, 3.1, and 5.1 to 5.17. (B) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rules 2.02, 2.04, 2.06, 2.10, 2.11, 2.12, and 2.13. (ix) Madera County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 507 to 510 and 512 to 517. (B) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rule 206. (x) Merced County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 502, 503, 506 to 510, and 512 to 517. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 107, 301 (Paragraphs c to g, i, and j), 303, and 304. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rule 206. (xi) Modoc County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 1.5 and 4.1 to 4.17. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rule 1.4. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rules 2.02, 2.04, 2.06, 2.10, 2.12, and 2.13. (xii) San Joaquin County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 502 and 506 to 509. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 107 and 109. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rule 206. (xiii) Stanislaus County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 303, 304, 502, 505 to 510 and 512 to 517. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rule 107. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rule 206. (xiv) Tulare County APCD. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 303, 304, 501, 502, 506 to 514, 516 to 518. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 107 and 109. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rule 206. (xv) San Bernardino County Air Pollution Control District. (A) Previously approved on December 21, 1975 and now deleted without replacement Rule 68. (xvi) Northern Sonoma County Air Pollution Control District. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 56, 64, 64.1 and 64.2. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 42 and 100. (C) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rules 013, 015, 019, 020, 021, and 022. (xvii) Los Angeles County Air Pollution Control District. (A) Previously approved on September 22, 1972 and now deleted without replacement Rule 51. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 43, 44, and Rule 120. (xviii) Orange County Air Pollution Control District. (A) Previously approved on September 22, 1972 and now deleted without replacement Rules 51, 67.1 and 68. (xix) Riverside County Air Pollution Control District. (A) Previously approved on September 22, 1972 and now deleted without replacement Rule 51. (B) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 43 and 44 (Mojave Desert AQMD only). (xx) Mariposa County APCD. (A) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rule 17. (B) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rule 16. (xxi) Plumas County APCD. (A) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rules 3, 4, and 40. (xxii) Sutter County APCD. (A) Previously approved on September 22, 1972 in paragraph (c) of this section and now deleted without replacement, Rule 2.20. (xxiii) Shasta County Air Pollution Control District. (A) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rule 2.17 and 2.22. (xxiv) Ventura County Air Pollution Control District. (A) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rule 22. (B) Previously approved on September 22, 1972 in paragraph (c)(6) of this section and now deleted without replacement, Rule 100. (7) Information (Non-regulatory) regarding air quality surveillance submitted on July 19, 1972, by the Air Resources Board. (8) Compliance schedules submitted on December 27, 1973, by the Air Resources Board. (9) Compliance schedules submitted on February 19, 1974, by the Air Resources Board. (10) Compliance schedules submitted on April 22, 1974, by the Air Resources Board. (11) Compliance schedules submitted on June 7, 1974, by the Air Resources Board. (12) Compliance schedules submitted on June 19, 1974, by the Air Resources Board. (13) Compliance schedules submitted on September 4, 1974, by the Air Resources Board. (14) Compliance schedules submitted on September 19, 1974, by the Air Resources Board. (15) Compliance schedules submitted on October 18, 1974, by the Air Resources Board. (16) Compliance schedules submitted on December 4, 1974, by the Air Resources Board. (17) Compliance schedules submitted on January 13, 1975, by the Air Resources Board. (18) Air quality maintenance area designations submitted on July 12, 1974, by the Governor. (19)–(20) [Reserved] (21) Revised regulations for the following APCD's submitted on July 25, 1973, by the Governor. (i) Lassen County APCD. (A) Appendix A (Implementation Plan for Agricultural Burning) and Appendix B (Enforcement). (ii) Modoc County APCD. (A) Rule 3:10A and Regulation V (Rules 5:1 to 5:7). (iii) Siskiyou County APCD. (A) Rules 2.13, 4.5, 4.12, 4.13, 4.14, and Implementation Plan for Agricultural Burning. (iv) Bay Area APCD. (A) Regulation 1. (1) Division 1, Sections 1000–1010. (2) Division 2, Section 2000. (3) Division 3, Sections 3000–3004, 3100–3111, 3115–3118, 3120, and 3200–3500. (4) Division 4. (B) Regulation 4. (1) Sections 1–2. (C) Regulation 2. (1) Division 1, Sections 1214 to 1214.3. (D) Regulation 3. (1) Division 1, Sections 1205 to 1205.3. (v) Butte County APCD. (A) Sections 1–1 to 1–35, 2–8, 2–10 to 2–11, 2A–1 to 2A–18, 3–2 to 3–2.1, 3–6, 3–9, 3–10.1, 3–11.1, 3.14, and 3.16. (vi) San Diego County APCD. (A) Rules 41, 55, 58, and 101–113. (B) Previously approved on May 11, 1977 and now deleted without replacement Rule 41. (C) Previously approved on May 11, 1977 and now deleted without replacement, Rule 55. (D) Previously approved on May 11, 1977 in paragraph (c)(21)(vi)(A) of this section and now deleted Rules 105, 106, 107, 110, 111, and 112 (now replaced by Rule 101). (vii) Tehama County APCD. (A) Rules 1:2, 3:1–3, 3:3a, 3:3b, 3:4–3:5, 3:5a, 3:6–3:14, 4:6, and Implementation Plan for Agricultural Burning. (B) Previously approved on May 11, 1977 and now deleted without replacement Rule 41. (viii) Yuba County APCD. (A) Rules 1.1, 2.1–2.2, 2.10, 4.11, and Agricultural Burning Regulations, Sections 1 to 6. (B) Rule 4.5. (C) Previously approved on August 22, 1977 in paragraph (c)(21)(viii)(A) of this section and now deleted without replacement, Rule 4.11. (ix) Kings County APCD. (A) Rules 102, 105–108, 110, 404–406, 409, 417–I, II, IV, and 510. (B) Rule 111. (C) Previously approved on August 22, 1977 and now deleted without replacement Rule 510. (D) Previously approved on August 22, 1977 in paragraph (c)(21)(ix)(A) of this section and now deleted without replacement, Rule 107. (x) Colusa County APCD. (A) Rule 6.5 and Amendment Number 3. (B) Rule 4.4g. (xi) Imperial County APCD. (A) Agricultural Burning Implementation Plan (Rules 200–206). (xii) Sacramento County APCD (A) Rules 72, 90, 91, and 92. (xiii) Ventura County APCD. (A) Rules 2, 37, 56, 59, 60, and 101. (B) Previously approved on August 15, 1977 in paragraph (c)(21)(xiii)(A) of this section and now deleted without replacement, Rule 60. (xiv) Yolo-Solano APCD. (A) New or amended Rules 1.2 (a, b, d to g, i to x, and z to ae), 1.4, 2.4(e), 2.8, 2.9, 4.1 to 4.5, 5.1 to 5.18, 6.1 (i) and (j), 6.2 to 6.5, and 6.7 to 6.8. (B) Previously approved on June 14, 1978 and now deleted without replacement Rules 4.4, 4.5, 5.2, 5.3, 5.5, 5.7 to 5.9, and 5.13 to 5.17. (C) Previously approved on June 14, 1978 in paragraph (c)(21)(xiv)(A) of this section and now deleted without replacement, Rule 5.18. (xv) San Bernardino County APCD. (A) New or amended Rules 5(a), 53A, 57, 57.1, 57.2. (xvi) Santa Barbara County APCD. (A) Rules 2(a, b, k, l, m, n, o, p, q, r, s, t, u, v, w), 40 [with the exception of 40(4)(m)]. (xvii) Calaveras County APCD. (A) Rules 110 and 402(f). (xviii) Los Angeles County APCD (Metropolitan Los Angeles portion). (A) Amended Rule 45. (B) Previously approved on September 8, 1978 in paragraph (c)(21)(xviii)(A) of this section and now deleted without replacement, Rule 45. (22) Revised regulations for the following APCD's submitted on November 2, 1973 by the Governor's designee. (i) Bay Area APCD. (A) Regulation 2. (1) Division 1, Section 1222. (2) Division 3, Section 3211. (3) Division 4, Section 4113. (4) Division 8, Sections 8414–8416. (5) Division 9, Sections 9613, 9615, 9711.3, and 9711.5. (6) Division 11, Section 11101. (23) Revised regulations for the following APCD's submitted on January 22, 1974 by the Governor's designee. (i) Sacramento County APCD. (A) Rule 30. (ii) Santa Barbara County APCD. (A) Rules 22, 24.1, 24.2. (24) Revised regulations for the following APVD's submitted on July 19, 1974, by the Governor's designee. (i) Sutter County APCD. (A) Rule 1.3 (ii) Bay Area APCD. (A) Regulation 1: (1) Sections 3112–3114, 3119 and 3122. (iii) San Diego County APCD. (A) Regulation IX. (B) Rule 61. (iv) Stanislaus County APCD. (A) Rules 103, 108, 108.1, 113, 401, 402, 403, 404, 405, 409.1, 409.2, 418, 421, 505, 518, and 401.1. (B) Rule 110. (C) Previously approved on August 22, 1977 in paragraph (c)(iv)(A) of this section and now deleted without replacement, Rule 518. (v) Tehama County APCD. (A) Rules 3:14 and 4:18. (B) Rule 4:17. (vi) Shasta County APCD. (A) Rules 1:1 to 1:2, 2:6(1.)(a), 2:6(1.)(b) (i–ii and iv–vii) 2:6(1.)(c)(i–vi), 2:6(1.)(d–e), 2:6(2–4), 2:7, 2:8(a–c), 2:9, 2:11, 2:14, 2:25, 3:1 to 3:9, 3:11 to 3:12, and 4:1 to 4:23. (B) Rule 3:10. (C) Previously approved on August 22, 1977 and now deleted without replacement Rules 4.2 to 4.4, 4.8 to 4.10, 4.15, and 4.23. (D) Previously approved on August 22, 1977 in paragraph (c)(24)(vi)(A) of this section and now deleted without replacement, Rule 3.7. (vii) Kern County APCD. (A) Rules 102, 103, 108, 108.1, 110, 113, 114, 301, 305, 401, 404, 405, 407.3, 409, 411, 413, 414, 417–I and II, 504, 516, and 518 (B) Rule 111. (C) Rules 601–615, except those portions pertaining to sulfur dioxide and the 12-hour carbon monoxide criteria levels. (D) Previously approved on August 22, 1977 and now deleted without replacement Rule 516 (including Southeast Desert). (E) Previously approved on August 22, 1977 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 404. (F) Previously approved on August 22, 1977 in paragraph (c)(vii)(A) of this section and now deleted without replacement for implementation in Kern County, Southeast Desert Air Basin, Rule 518. (G) Previously approved on August 22, 1977 in paragraph (c)(vii)(A) of this section and now deleted without replacement for implementation in Kern County, San Joaquin Valley Air Basin, Rule 518. (viii) Sacramento County APCD. (A) Rules 11, 39, 44, 70, 73, and 111. (B) Rules 123 and 124, except those portions that pertain to the 12-hour CO criteria level. (ix) Yolo-Solano APCD. (A) Rule 2.22. (B) New or amended Rules 1.2(c, h, and y), 1.3, 2.11 to 2.16, 2.19, 4.3, 5.4, 5.6, and 5.12. (C) Previously approved on June 14, 1978 and now deleted without replacement Rules 5.6 and 5.12. (x) Ventura County APCD. (A) Rules 2, 3, 31, 32, 200, 203, and 204. (B) Rule 32. (C) Rules 70, 73. (D) Rule 96. (E) Rule 111. (F) Previously approved on August 15, 1977 in paragraph (c)(x)(A) of this section and now deleted without replacement, Rule 3. (xi) Santa Barbara County Air Pollution Control District. (A) Rules 150 to 152, 154 to 159, 160A, and 161 to 164, except those portions pertaining to nitrogen oxides, sulfur dioxide and the 12-hour carbon monoxide criteria levels. (25) Revised regulations for the following APCD's submitted on October 23, 1974 by the Governor's designee. (i) Fresno County APCD. (A) Rules 102, 103, 108, 108.1, 111–114, 401, 404–406, 408, 409.1, 409.2, 416, 416.1a, b, c(2), c(3), d, e(2), and f, 505 and 518. (B) Rule 110. (C) New or amended Rules 402 (a to g), 416.1(c)(1), 416.1(e)(1), 416.1(e)(3), and 416.1(e)(4). (D) Rules 601–615, except those portions pertaining to sulfur dioxide and the 12-hour carbon monoxide criteria levels. (E) Previously approved on August 22, 1977 and now deleted without replacement Rule 505. (F) Previously approved on August 22, 1977 in paragraph (c)(25)(i)(A) of this section and now deleted without replacement, Rule 518. (ii) San Joaquin County APCD. (A) Rules 102, 103, 108, 108.1, 108.2, 113, 305, 404–406, 407.2, 407.3, 408, 408.1, 409.1, 409.2, 410, 413, 414, 416, 416.1A to C, and D.3 to E., 417, 420, 420.1, 421, 504, 505, and 510–520. (B) Rule 110. (C) New or amended Rules 416.1 (D)(1) and (D)(2). (D) Previously approved on August 22, 1977 and now deleted without replacement Rules 504, 505, 510, 512 to 518, and 520. (E) Previously approved on August 22, 1977 in paragraph (c)(25)(ii)(A) of this section and now deleted without replacement, Rule 519. (iii) Lake County APCD. (A) Parts II—V, Sections 3–7 of Part VI, Parts XI–XIII, Appendix A (Agricultural Burning Definitions A–M, Burning Regulations/Agricultural Burning (Farm) 1–9, /Farm 1–3, /Range 1–2), Appendix B (Parts I–II, Part IV–1, 2, 5, and 6, Part V–1, 4, 5 and 6, Parts VI–VII, Part VIII–1–7 and 9, Parts IX–X), Tables I–IV. (iv) Tulare County APCD. (A) Rules 102, 103, 108.1, 110, 112–114, 302, 401, 404–406, 407.3, 408, 410, 410.1, 410.2, 411, 420, 503–505, and 515. (B) Previously approved on August 22, 1977 and now deleted without replacement Rules 503 to 505, 515, and 519. (v) Ventura County APCD. (A) Rules 2 and 125. (vi) Santa Barbara County Air Pollution Control District. (A) Rule 160B, except those portions pertaining to nitrogen oxides, sulfur dioxide and the 12-hour carbon monoxide criteria levels. (vii) Monterey Bay Unified APCD. (A) Rules 100 to 106, 300 to 303, 400 to 401, 403, 404(a)(b)(d), 405 to 408, 412 to 417, 419 to 420, 500 to 508, 600 to 616, and 800 to 816. (B) Previously approved on October 27, 1977 in paragraph (c)(25)(vii)(A) of this section and now deleted without replacement, Rules 302 and 303. (26) Revised regulations for the following APCD's submitted on January 10, 1975, by the Governor's designee. (i) Sutter County APCD (A) Rule 4.1 (ii) Bay Area APCD (A) Regulation 2: (1) Sections 2018.1–2. (B) Regulation 7. (C) Regulation 8. (D) Previously approved on May 11, 1977 in paragraph (c)(26)(ii)(B) of this section and now deleted without replacement, Regulation 7. (iii) Butte County APCD. (A) Sections 3–11, 3–12, and 3–12.1. (iv) Glenn County APCD. (A) Sections 2, 3.1, 10–14.3, 16, 17, 21, 21.1, 24, 57, 58, 81, 85, 86, 95.1, 118, 122.1–122.3, 154 and 155. (B) Rules 95.2 and 95.3. (C) Previously approved on May 11, 1977 and now deleted without replacement Rules 118 and 122.1 to 122.3. (D) Previously approved on May 11, 1977 in paragraph (c)(26)(iv)(A) of this section and now deleted without replacement, Rule 155. (E) Previously approved on August 22, 1977 in paragraph (c)(26)(iv)(A) of this section and now deleted without replacement, Rule 3.1. (v) Yuba County APCD. (A) Agricultural Burning Regulations, sections 1 and 3. (vi) Colusa County APCD. (A) Rules 6.2 and 6.4.d. (1–2). (vii) Fresno County APCD. (A) Rules 409, 417, 503, 507, 513, and 515. (B) Previously approved on August 22, 1977 and now deleted without replacement Rules 503, 507, 513, and 515. (viii) Mariposa County APCD. (A) Rules 101, 102, 201, 202, 203 (a–f, h, i, and k), 204–216, 301–303, 305–306, 308–313, 315–323, 401–403, 405–409, and 600–618. (B) Rule 203(j). (C) Previously approved on August 22, 1977 and now deleted without replacement Rules 601, 602, 604 to 609, 611 to 616, and 618. (D) Previously approved on August 22, 1977 in paragraph (c)(26)(viii)(A) of this section and now deleted without replacement, Rule 617. (ix) Sierra County APCD. (A) Rules 101, 102, 201–216, 301–323, 405–409, 601–620, 6, 27, 29, and 51–56. (B) Previously approved and now deleted, Rule 102. (C) Previously approved on August 22, 1977 in paragraph (c)(26)(ix)(A) of this section and now deleted without replacement Rules 619 and 620. (x) Shasta County APCD. (A) Rules 2:6(5)(b), 3:1, 3:2, 4:6, and 4:14. (xi) Tulare County APCD. (A) Rules 417 and 417.1a. thru d., e.2., and f. (B) New or amended Rules 417.1 (e)(1), (e)(3) and (e)(4). (xii) Kern County APCD. (A) Rules 410 and 503. (xiii) Madera County APCD. (A) Rules 102, 103, 105, 108, 112–114, 301, 305, 401, 402, (a–e, and g), 404–406, 407.2, 407.3, 408, 409, 409.1 409.2, 412, 416, 416.1a, b, c(2), c(3), d, e(2), f, 504, 505, and 518. (B) Rule 402(f). (C) Rule 110. (D) New or amended Rules 416.1 (c)(1), (e)(1), (e)(3), and (e)(4). (xiv) Yolo-Solano APCD. (A) New or amended Rule 6.1 (a), (b), (c), (d), (e), and (g) (1, 2, and 3). (xv) Monterey Bay Unified APCD. (A) Rules 49 to 411 and 421. (xvi) Plumas County APCD. (A) Rule 203(j). (B) New or amended Rules 101, 102, 201, 202, 204, 206, 209, 210(a), 214, 216, 216–49, 216–50, 216–51, 216–54, 216–55, 216–56, 216–1, 216–2, 216–3, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 403, 405, 406, 408, 701, 702, 704, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717. (C) Previously approved and now deleted (without replacement) Rules 51.7, 57.5, 62, 70. (D) Previously approved on June 14, 1978 and now deleted without replacement Rules 705 to 709. (E) Previously approved and now deleted, Rule 102. (F) Previously approved on June 14, 1978 in paragraph (c)(26)(xvi)(B) of this section and now deleted without replacement, Rule 717. (xvii) Placer County APCD. (A) New or amended Rules 102, 105, 201, 202, 204, 209, 312, 403, 405, 406, 701, 705, 707, 711, 712, 713, 714, 716, 717. (B) Previously approved on June 14, 1978 and now deleted without replacement Rules 701, 707, 711 to 714, and 716 (Mountain Counties Air Basin). (C) Previously approved on June 14, 1978 and now deleted without replacement Rules 701, 705, 707, 711 to 714, and 716 (Lake Tahoe Air Basin). (D) Previously approved on June 14, 1978 in paragraph (c)(26)(xvii)(A) of this section and now deleted without replacement, Rule 105. (E) Previously approved on June 14, 1978 in paragraph (c)(26)(xvii)(A) of this section and now deleted without replacement Rule 717 (Lake Tahoe Air Basin). (F) Previously approved on June 14, 1978 in paragraph (c)(26)(xvii)(A) of this section and now deleted without replacement Rules 705 and 717 (Mountain Counties Air Basin). (G) Previously approved on June 14, 1978 in paragraph (c)(26)(xvii)(A) of this section and now deleted without replacement Rules 701, 705, 707, 711 to 714, 716, and 717 (Sacramento Valley Air Basin). (27) Revised regulations for the following APCD's submitted on April 10, 1975, by the Governor's designee. (i) Stanislaus County APCD. (A) Rule 409. (ii) Tehama County APCD. (A) Rule 4:6. (iii) Sacramento County APCD. (A) Rules 12, 22a, 22b, 25, 32–34, and 40. (iv) Bay Area APCD. (A) Regulation 2, section 1302.2 and section 1302.22. (B) Rules 32, 33, 34, 38, 40. (v) San Bernardino County APCD. (A) New or amended Rule 73. (vi) Riverside County APCD. (A) New or amended Rule 57. (vii) Nevada County APCD. (A) New or amended Rules 101, 102, 105, 106, 107, 201, 202, 203 [with exception of (g)], 204, 206, 208, 209, 210(a), 212, 214, 215, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 322, 401, 403, 405, 406, 408, 601, 602, 701, 702, 703, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717. (B) Previously approved on June 14, 1978 and now deleted without replacement Rules 701 to 703, 705 to 709, and 712 to 716. (C) Previously approved and now deleted, Rule 102. (D) Previously approved on June 14, 1978 in paragraph (c)(27)(vii)(A) of this section and now deleted without replacement, Rules 105, 601, and 602. (E) Previously approved on June 14, 1978 in paragraph (c)(27)(vii)(A) of this section and now deleted without replacement Rule 717. (viii) El Dorado County APCD. (A) New or amended Rules 101, 102, 202, 204, 206, 209, 210(a), 212, 214, 301, 305, 306, 309, 310, 311, 312, 313, 315, 316, 317, 318, 323, 401, 403, 405, 406, 408, 601, 602, 701, 702, 704, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717. (B) Previously approved and now deleted (without replacement) Rules 5, 6, 7. (C) Previously approved on June 14, 1978 in paragraph (c)(27)(viii)(A) of this section and now deleted Rule 101. (D) Previously approved on June 14, 1978 in paragraph (c)(27)(viii)(A) of this section and now deleted without replacement, Rules 323, 601, and 602. (E) Previously approved on June 14, 1978 in paragraph (c)(27)(viii)(A) and now deleted without replacement Rules 701, 702, 704 to 709, and 711 to 717. (ix) [Reserved] (x) Santa Barbara County APCD. (A) Rules 32, 36, 36.3, 36.4, 36.5, 37, 38. (28) Revised regulations for the following APCD's submitted on July 22, 1975, by the Governor's designee. (i) Sutter County APCD (A) Rules 1.2, 2.82, and 4.11. (ii) San Diego County APCD. (A) Rule 66. (iii) Yuba County APCD (A) Rule 1.1. (iv) Calaveras County APCD. (A) Rules 102, 201–215, 301–323, 401–403, 405–408, 409 (Public Records), 601–604, 700–717, 105, 106, 110, 407(b), 409 (Organic Solvents), 409.1 (Architectural Coatings), 409.2 (Disposal and Evaporation of Solvents), 412, and 413. (B) Previously approved on August 22, 1977 and now deleted without replacement Rules 701, 704 to 709, 711 to 714, and 716. (C) Previously approved on August 22, 1977 in paragraph (c)(28)(iv)(A) of this section and now deleted without replacement Rule 717. (v) Tuolumne County APCD. (A) Rules 102, 201, 202, 203, (a–f, h, i, and k), 204–216, 301–303, 305–306, 308–313, 315–323, 400–403, 405–408, 409 (Public Records), 600–618, 105–110, 301–304, 409 (Fuel Burning Equipment, Oxides of Nitrogen), 410, and 412–414. (vi) Kings County APCD. (A) Rule 410. (vii) Shasta County APCD. (A) Rule 2.8(e). (viii) Kern County APCD. (A) Rules 115, 407.1, 422, and 423. (B) Previously approved on August 22, 1977 in paragraph (c)(28)(viii)(A) of this section and now deleted without replacement, Rules 422 and 423. (ix) Sacramento County APCD. (A) Rule 93. (x) Riverside County APCD. (A) New or amended Rule 53. (xi) Orange County APCD (Metropolitan Los Angeles portion). (A) Amended Rule 53. (29) Revised regulations for the following APCD's submitted on November 3, 1975 by the Governor's designee. (i) Lake County APCD. (A) Part III, Number 59a. (ii) Sacramento County APCD. (A) Rules 13 and 14. (B) Rules 71, 112, and 113. (iii) Monterey Bay Unified APCD. (A) Rule 418. (iv) Bay Area APCD. (A) Regulation 2, section 1302.21 and section 1302.23. (v) San Diego County. (A) Rule 63. (B) Rules 112, 113. (vi) Ventura County APCD. (A) Rules 65, 66, 72, and 73. (B) Previously approved on August 15, 1977 and now deleted without replacement Rules 65 and 66. (C) Previously approved on August 15, 1977 in paragraph (c)(29)(vi)(A) of this section and now deleted without replacement, Rule 72 (72–72.8). (30) Revised regulations for the following APCD's submitted on February 10, 1976 by the Governor's designee. (i) Bay Area APCD (A) Regulation 1: (1) Section 3121. (B) Regulation 6. (ii) Butte County APCD (A) Section 3–11.2 (iii) Yuba County APCD. (A) Agricultural Burning Regulations, sections 1 and 3. (iv) Colusa County APCD. (A) Rule 6.6A.I and 6.6A.II–1. (a–f). (v) Fresno County APCD. (A) Rules 115, 422, 423, and 407. (B) Previously approved on August 22, 1977 in paragraph (c)(30)(v)(A) of this section and now deleted without replacement, Rules 422 and 423. (vi) San Joaquin County APCD. (A) Rules 114, 401, 402, 407.1, 409, 411, 422 and 423. (B) Previously approved on August 22, 1977 in paragraph (c)(30)(vi)(A) of this section and now deleted without replacement, Rules 422 and 423. (C) Rule 411.1 and 411.2. (vii) Lake County APCD. (A) Table V. (viii) Sacramento County APCD. (A) Rules 94–97. (ix) Ventura County APCD. (A) Rules 70 and 71. (x) Southern California APCD. (A) New or amended Rules 501, 502, 506, 507, 508, 509, 511, 512, 513, 514, 515, 516, 517, 518, 801, 803, 804, 807, 808, 809, 810, 811, 813, 814, 815, 817. (B) Previously approved on June 14, 1978 and now deleted without replacement Rules 501, 502, 506 to 509, 511 to 518, 801, 803 to 804, 807 to 811, 813 to 815, and 817. (xi) Santa Barbara County APCD. (A) Rule 32.1. (31) Revised regulations for the following APCD's submitted on April 21, 1976, by the Governor's designee. (i) Great Basin Unified APCD. (A) Rules 200 to 216. (B) Rules 100 to 107, 215, 300 to 303, 400 to 402, 404 to 413, 416 to 421, 500 to 501, 600 to 616, and 800 to 817. (C) Alpine County APCD: Rules 1.4, 3.1, 4.2–1, 4.7, 4.7–1, 4.8, 4.10, 4.11, and 5.18. (D) Inyo County APCD: Rules 1.3, 3.1, 4.1, 4.10, 4.11, 4.12, and 5.1. (E) Mono County APCD: Rules 1.4, 3.1, 4.2–1, 4.7, 4.7–1, 4.8, 4.10, 4.11, 5.1, and 5.18. (F) Previously approved on June 6, 1977 and now deleted without replacement Rules 600 to 615 and 800 to 817. (G) Previously approved on June 6, 1977 in paragraph (c)(31)(i)(B) of this section and now deleted without replacement, Rules 105, 302, and 303. (H) Previously approved on December 8, 1976 in paragraph (c)(31)(i)(A) of this section and now deleted without replacement Rules 211 and 214. (I) Previously approved on June 6, 1977 in paragraph (c)(31)(i)(B) of this section and now deleted without replacement Rules 107 and 616. (ii) Sutter County APCD (A) Rule 4.1 (iii) San Diego County APCD. (A) Rule 5. (B) Previously approved on May 11, 1977 in paragraph (c)(31)(iii)(A) of this section and now deleted without replacement, Rule 5. (iv) Glenn County APCD (A) Sections 14.3 and 15. (v) Kings County APCD. (A) Rule 411. (B) Rules 412 and 412.1. (vi) Southern California APCD. (A) Rules 461 and 462. (B) New or amended Rules 103, 104, 105, 106. (C) Rules 201–207, 209–212, 214–217, and 219. (D) Previously approved on November 9, 1978 and now deleted without replacement Rule 211. (E) Previously approved on June 14, 1978 in paragraph (c)(31)(vi)(B) of this section and now deleted without replacement, Rule 105. (F) Previously approved on November 9, 1978 in paragraph (c)(31)(vi)(C) of this section and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District, Rules 211, 214, 215, and 216. (vii) Santa Barbara County APCD. (A) Rule 35.1 and 35.2. (B) Rule 2(x). (C) Rule 63, except those portions pertaining to sulfur dioxide and the 12-hour carbon monoxide criteria levels. (viii) Fresno County APCD. (A) Rule 411 and 411.1. (ix) Kern County APCD. (A) Rule 412 and 412.1. (x) Stanislaus County APCD. (A) Rule 411 and 411.1. (xi) Tulare County APCD. (A) Rule 412 and 412.1. (xii) Madera County APCD. (A) Rule 411.1 and 411.2. (xiii) Ventura County APCD. (A) Rules 2, 4, 36, 40, 41, 42, 43, 104, 201, and 202. (B) Previously approved on August 15, 1977 and now deleted without replacement Rule 43. (xiv) Yolo-Solano APCD. (A) New or amended Rules 6.1(f) (1 and 2), (g)(4), (h) (1 and 2) and 6.6. (xv) Nevada County APCD. (A) Amended Rule 211. (xvi) Bay Area APCD. (A) Regulation 2, section 3212. (B) Regulation 3, section 3203. (xvii) [Reserved] (xviii) Amador County APCD. (A) Rule 404. (B) New or amended Rules 101, 102, 104, 105, 106, 107, 201, 202, 204, 206, 207.1, 209, 210(A), 211, 212, 213.2, 213.3, 214, 305, 307, 308, 312, 401, 402, 403, 405, 406, 408, 409, 601, 602, 603, 702, 704, 705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717. (C) Previously approved and now deleted (without replacement) Rules 18.1 (Regulation V), 22 (Regulation V). (D) Previously approved on January 24, 1978 and now deleted without replacement Rules 705 to 709 and 712 to 716. (E) Previously approved on January 24, 1978 and now deleted without replacement Rules 213.2 and 213.3. (F) Previously approved on June 14, 1978 in paragraph (c)(31)(xvii)(B) of this section and now deleted without replacement, Rule 105. (G) Previously approved on January 24, 1978 in paragraph (c)(31)(xviii)(B) of this section and now deleted without replacement Rule 717. (32) Revised regulations for the following APCD's submitted on August 2, 1976 by the Governor's designee. (i) Bay Area APCD. (A) Regulation 2: (1) Sections 2022.1–2, 2035.1, 3211.1, and Divisions 16–18. (ii) Stanislaus County APCD. (A) Rules 102, 104, 105, 111, 112, 114, 301, 305, 407.1, 416, 416.1, 422, 423, 501, 504, and 511. (B) Previously approved on August 22, 1977 and now deleted without replacement Rules 501, 404, and 511. (C) Previously approved on August 22, 1977 in paragraph (c)(32)(ii)(A) of this section and now deleted without replacement, Rules 104, 105, 112, 422, and 423. (iii) Merced County APCD. (A) Rules 411 and 411.1. (B) Rule 109. (C) New or amended Rules 102, 103, 103.1, 104, 105, 108.1, 110 to 115, 302, 401, 404, 405, 407.1, 408.1, 408.2, 409, 409.1, 409.2, 410, 412, 416, 416.1[(I), (II) (A–L), (II) (N–O), (III), (IV), (V), and (VI)], 421(a), 501, 504, 505, 511, and 518. (D) Previously approved and now deleted (without replacement) Rules 102(hh) and 102(ii). (E) Previously approved on June 14, 1978 and now deleted without replacement Rules 105, 501, and 504. (F) Previously approved on June 14, 1978 in paragraph (c)(32)(iii)(C) of this section and now deleted without replacement, Rule 302. (G) Previously approved on June 14, 1978 in paragraph (c)(32)(iii)(C) of this section and now deleted without replacement Rules 505 and 518. (iv) Southern California APCD. (A) New or amended Rules 403, 404, 405, 407, 408, 409, 432, 441, 443, 464, 465, 467, 470, 471, 472, 473, 504, 505, 510, 802, 805, 806, 812, 816. (B) Previously approved and deleted (without replacement). (1) Los Angeles County APCD Rules 53.1, 55. (2) San Bernardino County APCD Rules 50, 51. (3) Riverside County APCD Rule 55. (4) Orange County APCD Rule 55. (C) Rules 202 and 219. (D) Previously approved on June 14, 1978 and now deleted without replacement Rules 504, 505, 510, 802, 805, 806, 812, and 816. (E) Previously approved on June 14, 1978 and now deleted without replacement. (1) Los Angeles County APCD Rule 505. (2) Riverside County APCD Rule 505. (3) San Bernadino County APCD Rule 505. (F) Previously approved on June 14, 1978 and now deleted without replacement Rule 432. (v) Plumas County APCD. (A) Amended Rule 324. (vi) El Dorado County APCD. (A) Amended Rule 211. (33)–(34) [Reserved] (35) Revised regulations for the following APCDs submitted on November 10, 1976 by the Governor's designee. (i) Sacramento County APCD. (A) Rules 1, 2, 11, 12, 21, 22a, 22b, 24, 25, 27, 28, 29, 33, 39, 44, 70, 71, 90, 92, 93, 94, 95, 96, 97, 98, and definitions list addition to Regulation VII. (B) Rule 14. (ii) Southern California APCD. (A) Rule 461. (iii) Ventura County APCD. (A) Rule 70. (B) Rules 2, 57, 72, and 73 and Regulation VII (Rules 110–129). (C) Previously approved on August 15, 1977 and now deleted without replacement Rules 115 to 119, 122, and 128 to 129. (D) Previously approved on August 15, 1977 in paragraph (c)(35)(iii)(B) of this section and now deleted without replacement, Rules 72 (72.9–72.10) and 73. (iv) Santa Barbara County APCD. (A) Rule 35.2. (v) San Joaquin County APCD. (A) Rules 102, 103, 103.1, 104, 105, 111, 112, 301, 305, 402, 416.1, 501, 504, 511. (B) Previously approved on October 4, 1977 and now deleted without replacement Rule 501. (C) Previously approved on October 4, 1977 in paragraph (c)(35)(v)(A) of this section and now deleted without replacement, Rules 104, 105, and 112. (vi) Tulare County APCD. (A) Rules 102, 103, 103.1, 104, 105, 110, 112, 115, 305 (402 paragraphs a. through e. and g.), 405, 407.1, 407.3, 409, 417.1, and 421. (B) Rules 111 and 402(f). (C) Previously approved on September 21, 1976 and now deleted without replacement Rules 105 and 305. (vii) Fresno County APCD. (A) Rules 407 and 408. (viii) Imperial County APCD. (A) Rules 100, 114.5, 131.5, and 148.D(3). (ix) Del Norte County APCD. (A) Rule 540. (B) [Reserved] (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300, 310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following portions of Regulation 2: General prohibitions (all of page 1), Articles I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, and Articles IV to VII. (x) San Diego County APCD. (A) Rules 2(k), 3, 50, 52, 53, 60, 62. (xi) Monterey Bay Unified APCD. (A) Rules 101, 104, 106, 214, 301, 404(c), 406, 407, 415, 601 to 603, 609, 801, 805, and 811. (xii) San Luis Obispo County APCD. (A) New or amended Rules 101 Title, 102, 103, 105(A)(2) through 105(A)(46), 106, 108, 109, 110 Enforcement, 111, 401, 403, 405, 408, 409, 410, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817. (B) Rule 107. (C) Rules previously approved and now deleted (without replacement) 101(1)(b), 101(2), 101(3), and 101(4) Effective Date, 110 Prohibitions, 116(1), 116(3), 119(1) and 119(4). (D) Amended Rules 501 and 502 (sections A–F, H–I, K–N, O(1), P–Q). (E) New or amended Rules 202, 205, 206, 207, 208, 209, 210, and 211. (F) Previously approved on August 4, 1978 and now deleted without replacement Rules 801 to 817. (G) Previously approved on August 4, 1978 and now deleted without replacement Rules 102 and 408. (H) Previously approved on August 4, 1978 in paragraph (c)(35)(xii)(A) of this section and now deleted without replacement, Rules 110 and 111. (I) Previously approved on February 1, 1984 in paragraph (c)(35)(xii)(E) of this section and now deleted without replacement Rules 202, 206, 207, and 208. (xiii) Kern County APCD. (A) New or amended Rules 102, 102(d), 102(oo), 103, 103.1, 104 to 105, 110, 112, 301(f), 305(a), 402 (c) and (e), 417(I)(A), 417(II)(B)(L), 501, and 511. (B) Rule 504. (C) Previously approved on March 22, 1978 and now deleted without replacement Rules 105, 501, 504, and 511 (including Southeast Desert). (D) Previously approved on March 22, 1978 in paragraph (c)(35)(xiii)(A) of this section and now deleted without replacement, Rule 104. (E) Previously approved on March 22, 1978 in paragraph (c)(35)(xiii)(A) of this section and now deleted without replacement for implementation in the San Joaquin Valley Air Basin, Rule 104. (xiv) Humboldt County APCD. (A) Rule 540. (B) [Reserved] (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300, 310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following portions of Regulation 2: General prohibitions (all of page 1), Articles I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, Articles IV to VII, and Appendix A. (D) Previously approved and now deleted (without replacement) Rules 5, 6, 80, 87, and 95. (E) Previously approved on August 2, 1978 and now deleted without replacement Rules 340, 510, and 620 to 650. (xv) Mendocino County APCD. (A) Rule 540. (B) [Reserved] (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) and noncriteria pollutants), 190, 300 (except paragraph (a)), 310, 340, 400(b), 410(b), 410(c), 430, 440, 460, 470, 480, 482, 500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following portions of regulation 2: General prohibitions (all of page 1), Articles I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and V, Article VI(a) to (i), Article VII, and Appendices B and C. (D) Previously approved and now deleted (without replacement) Parts IV, V–5–B, VI–1, and VI–4. (E) Previously approved on November 7, 1978 and now deleted without replacement Rules 510, 620, 640, and 650. (F) Previously approved on November 7, 1978 in paragraph (c)(35)(xv)(C) of this section and now deleted without replacement, Rules 340. (G) Previously approved on November 7, 1978 in paragraph (c)(35)(xv)(C) of this section and now deleted without replacement Rule 630. (xvi) Northern Sonoma County APCD. (A) Rule 540. (B) New or amended Rules 100, 110, 120, 130, 150, 160, (except 160(a) and non-criteria pollutants), 190, 300, 310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following portions of Regulation 2: General prohibitions (all of page 1), Articles I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and V, paragraphs (a) to (i) of Article VI, and Article VII. (C) Previously approved on August 16, 1978 and now deleted without replacement Rules 340, 510, 600, 610, 620, 630, 640, and 650. (xvii) Trinity County APCD. (A) Rule 540. (B) [Reserved] (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) and non-criteria pollutants), 190, 240(d) except paragraph (3)), 300, 310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following portions of regulation 2: General prohibitions (all of page 1), articles I and II, paragraphs A1, A2, A3, A4, 5, 7 and 8 of article III, articles IV and V, paragraphs (a) to (i) of article VI, and article VII. (D) Previously approved on August 2, 1978 and now deleted without replacement Rules 340, 510, and 620 to 650. (36) Revised regulations for the following APCD were submitted on November 19, 1976, by the Governor's designee. (i) Southern California APCD. (A) Rules 213, 213.1, and 213.2. (B) Previously approved on November 9, 1978 and now deleted without replacement Rule 213, 213.1, and 213.2. (37) Revised regulations for the following APCD's submitted on February 10, 1977, by the Governor's designee. (i) Southern California APCD. (A) New or amended Rules 102, 468, 469, 474, 475, 476. (B) Rule 430. (C) Amended Rule 431. (ii) San Diego County APCD. (A) Rule 68. (iii) San Luis Obispo County APCD. (A) Rule 112, and Rules 404(A) through 404(B)(1)(a), 404(B)(1)(c), 404(B)(2), 404(B)(3), 404(B)(4), 404(c), 404(D), and 404(E). (iv) Lake County APCD. (A) Rules 500, 510, and 511. (B) New or amended sections 100, 200 to 205.1, 207 to 234, 236, 238 to 260, 300, 301, 400, 401, 402 (A to E, and G), 410, 411, 412 (A and C), 430 to 439, 520, 530 to 533, 800, 900 to 902, 1000 to 1003, 1100, 1200, 1300, 1400, 1500, 1600, 1601, 1610, 1611, 1612, 1620, 1700, 1701, 1710 to 1714, 1720 to 1725, 1730, 1731 to 1736, and tables I, II, III, IV, and V. (C) Previously approved and now deleted (without replacement) part II; sections 9, 15, 18, 28, 42, 43, 49a, 49b, 50, 52, and 54 of part III; sections 1 to 4 of part IV; section (1)(B) of part V; and parts IV and VI of Appendix B. (D) Previously approved on August 4, 1978 and now deleted without replacement Rules 300, 800, 1600, 1601, 1610 to 1612, 1620, 1700 to 1701, 1710 to 1714, 1720 to 1725, 1730 to 1736, and Tables I to V. (E) Previously approved on August 4, 1978 in paragraph (c)(37)(iv)(B) of this section and now deleted without replacement, Rules 531, 901, and 1500. (v) Tuolumne County APCD. (A) Rule 404. (B) New or amended Rules 102, 202, 203, 206, 207, 208, 209, 213, 215, 216, 217, 301, 302, 303, 304, 308, 319, 321, 322, 323, 324, 402, 407, 409, 601, 602, 603, 604, 605, 700, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, and 717 and rescinded Rules 413 and 414. (C) Previously approved on December 6, 1979 and now deleted without replacement Rules 601 to 605, 700 to 704, and 705 to 716. (D) Previously approved on December 6, 1979 in paragraph (c)(37)(v)(B) of this section and now deleted without replacement, Rules 216, 323, and 324. (E) Previously approved on December 6, 1979 in paragraph (c)(37)(v)(B) of this section and now deleted without replacement Rule 717. (38) Revisions to air pollution emergency episode plans submitted on June 1, 1977 by the Governor's designee. (i) South Coast Air Quality Management District's Regulation VII Emergencies as revised on May 6, 1977. No action has been taken on those portions of Rules 702, 703, 704, 706, 708, 708.2, 710, 711, 712 and 714 that pertain to sulfate, oxidant in combination with sulfate, or oxidant in combination with sulfur dioxide. No action has been taken on Rules 708.2(b)(3)(B), 708.2(b)(4)(B), 708.2(b)(4)(C) and 708.2(b)(5)(C). (39) Revised regulations for the following APCDs submitted on June 6, 1977, by the Governor's designee. (i) Great Basin Unified APCD. (A) Rule 403. (ii) San Bernardino County APCD (Southeast Desert portion). (A) Rule 430. (B) Rules 201–207, 209–212, 213, 213.1, 213.2, 214–217, and 219. (C) New or amended Rules 104, 106, 208, 218, 401, 403, 53–A(a), 407 to 409, 431, 432, 441 to 443, 464 to 470, 472, 473, 475, 476, 503 to 508, 510 to 518, 801 to 817. (D) [Reserved] (E) Rules 703, 704 (except those portions that pertain to the criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707, 708, 709, 710, 711, 713, and 714. (F) Previously approved on September 8, 1978 and now deleted without replacement Rules 503 to 508, 510 to 516, 518, and 801 to 817. (G) Previously approved on September 8, 1978 and now deleted without replacement Rules 466 and 467. (H) Previously approved on September 8, 1978 in paragraph (c)(39)(ii)(C) of this section and now deleted without replacement for implementation in the Mojave Desert Air Quality Management District, Rule 517. (I) Previously approved on November 9, 1978 in paragraph (c)(39)(ii)(B) of this section and now deleted without replacement for implementation in the Mojave Desert Air Quality Management District, Rules 210, 211, and 214 to 216. (iii) Los Angeles County APCD (Southeast Desert portion). (A) Rule 430. (B) Rules 201–207, 209–212, 213, 213.1, 213.2, 214–217, and 219. (C) New or amended Rules 101, 102, 2, 103 to 106, 208, 218, 301, 42, 401, 403 to 405, 407 to 409, 431, 432, 441 to 444, 461, 463 to 476, 502 to 518, 801 to 817. (D) Deleted without replacement Rule 53.1, and Regulation VI—Orchard or Citrus Grove Heaters. (E) Rules 701, 702, 703, 704 (except those portions that pertain to the criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, and 715. (F) Previously approved on September 8, 1978 and now deleted without replacement Rules 502 to 516, 518, and 801 to 817. (G) Previously approved on September 8, 1978 in paragraph (c)(39)(iii)(C) of this section and now deleted without replacement, Rules 42 and 105. (iv) Riverside County APCD (Southeast Desert portion). (A) Rule 430. (B) Rules 201–207, 209–212, 213, 213.1, 213.2, 214–217 and 219. (C) New or amended Rules 103, 104, 208, 218, 301, 42, 401, 403 to 405, 53, 56, 407 to 409, 431, 432, 441 to 444, 463 to 476, 73, 503 to 518, 801 to 817. (D) Deleted without replacement Regulation V—Orchard, Field or Citrus Grove Heaters. (E) Rules 702, 703, 704 (except those portions that pertain to the criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, and 715. (F) Previously approved on September 8, 1978 and now deleted without replacement Rules 503 to 516, 518, and 801 to 817. (G) Previously approved on September 8, 1978 in paragraph (c)(39)(iv)(C) of this section and now deleted without replacement, Rules 42 and 301. (H) Previously approved on November 9, 1978 in paragraph (c)(39)(iv)(B) of this section and now deleted without replacement for implementation in the Mojave Desert Air Quality Management District, Rules 210, 211, and 214 to 216. (I) Previously approved on September 8, 1978 in paragraph (c)(39)(iv)(C) of this section and now deleted without replacement for implementation in the Mojave Desert Air Quality Management District, Rule 517. (v) Yolo-Solano APCD. (A) Amended Rule 2.21. (vi) South Coast Air Quality Management District. (A) Amended Rule 461. (B) Amended Rule 431. (vii) Mariposa County APCD. (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 203 (with the exception of (D)), 206(B), 207, 208, 211, 215, 216, 301, 302, 303, 304, 308, 319, 320, 321, 322, 324, 402, 404, 407, 507, 514, 600, 603, and 610. (B) Previously approved and now deleted (without replacement) Rule 203(k). (C) Previously approved on June 6, 1977 and now deleted without replacement Rules 600, 603, and 610. (D) Previously approved on August 16, 1978 in paragraph (c)(39)(vii)(A) of this section and now deleted without replacement, Rules 216 and 402. (E) Previously approved on August 16, 1978 in paragraph (c)(39)(vii)(A) of this section and now deleted without replacement Rule 514. (viii) Sierra County APCD. (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215, 216, 301, 302, 303, 308, 319, 320, 321, 322, 324, 402, 404, 407, 409, 507, 514, 516, 600 to 617. (B) Previously approved and now deleted (without replacement) Rules 203(j) and 620. (C) Previously approved on September 14, 1978 and now deleted without replacement Rules 601 to 602, 604 to 609, and 611. (D) Previously approved and now deleted, Rule 102. (E) Previously approved on September 14, 1978 in paragraph (c)(39)(viii)(A) of this section and now deleted without replacement Rules 600, 612, 613, 614, 615, 616, and 617. (ix) Plumas County APCD. (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215, 216, 301, 302, 303, 304, 307, 308, 319, 320, 321, 322, 324, 402, 404, 407, 409, 507, 514, 602 to 605, 700, 703, and 710. (B) Previously approved on September 14, 1978 and now deleted without replacement Rules 602 to 605, 700, and 710. (C) Previously approved and now deleted, Rule 102. (x) Nevada County APCD. (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 103, 104, 203(e and i), 206(B), 207, 216, 304, 319, 320, 321, 402, 407, 409, 507, 514, 700, 703(E and I), 704, 710 and 711(A). (B) Previously approved on September 14, 1978 and now deleted without replacement Rules 704, 710, and 711(A). (C) Previously approved and now deleted, Rule 102. (D) Previously approved on September 14, 1978 in paragraph (c)(39)(x)(A) of this section and now deleted without replacement, Rule 402. (E) Previously approved on September 14, 1978 in paragraph (c)(39)(x)(A) of this section and now deleted without replacement Rule 514. (40) [Reserved] (41) Revised regulations for the following APCD's submitted on October 13, 1977, by the Governor's designee. (i) Kings County APCD. (A) New or amended Rules 412 and 412.2. (ii) San Diego County Air Pollution Control District. (A) New or amended Rules 2(b), 2(t), 2(u), 2(v), 2(w), 3, 19.2, 40, 42, 50, 52, 53, 54, 61.5, 64, 65, 66, 68, 71, 76, 77, 85, 95, 96, 101(f), 102(d), 102(e), 103(d), 103(g), 104, 109, and 177. (1) Rule 65 is now removed without replacement as of March 14, 1989. (B) Previously approved and now deleted (without replacement) Rule 113. (C) Regulation VIII, Rules 126–138 and Appendix A, except as these rules apply to the 12-hour carbon monoxide episode criteria specified in Rule 127. (D) Previously approved on August 31, 1978 and now deleted without replacement Rules 77, 85, and 96. (E) Previously approved on August 31, 1978 and now deleted without replacement Rule 3. (F) Previously approved on August 31, 1978 in paragraph (c)(41)(ii)(A) of this section and now deleted Rule 104 (now replaced by Rule 101). (iii) Bay Area APCD. (A) New or amended rules: Regulation 1, section 3121 and Regulation 2, sections 3210.5 to 3210.11. (iv) Ventura County APCD. (A) New Rule 105. (v) Kern County APCD. (A) Rule 108. (vi) San Luis Obispo County APCD. (A) New Rule 113. (vii) Monterey Bay Unified APCD. (A) New Rules 215, 422. (viii) Amador County APCD. (A) New or amended Rules 102(C), 102(F), 102(AW), 103, 205(A)(1), 207, 212, 216, 302(A), 304, 305(C), 313(A), 507, 602.1, 604, 605, 701, 703(E) and 710. (ix) Calaveras County APCD. (A) New or amended Rules 102, 203 (with the exception of (D) and (G)), 206(B), 207, 208, 209, 211, 215, 216, 217, 301, 302, 303, 304, 319, 320, 321, 322, 323, 324, 402, 404, 407, 507, 602 to 604, 700, 702, 703, 710, and 715. (B) Previously approved and now deleted (without replacement) Rule 203(J). (C) Previously approved on November 7, 1978 and now deleted without replacement Rules 700, 702, 703, 710, 715. (D) Previously approved on November 7, 1978 in paragraph (c)(41)(ix)(A) of this section and now deleted without replacement, Rules 216, 324, 402, 602, 603, and 604. (x) Placer County APCD. (A) New or amended Rules 101, 102, 103, 104, 203 (with the exception of (G)), 206, 207, 208, 210, 211, 213, 214, 301 to 311, 313 to 322, 401, 402, 404, 407, 408, 409, 507, 603 to 605, 702 to 704, 706, 708, 709, 710, 715, 801 to 804. (B) Previously approved on November 15, 1978 and now deleted without replacement Rules 703, 704, 708 to 710, and 715 (Mountain Counties Air Basin). (C) Previously approved on November 15, 1978 and now deleted without replacement Rules 603 to 605, 702 to 704, 706, 708 to 710, and 715 (Lake Tahoe Air Basin). (D) Previously approved on November 15, 1978 in paragraph (c)(41)(x)(A) of this section and now deleted without replacement, Rule 402. (E) Previously approved on November 15, 1978 in paragraph (c)(41)(x)(A) of this section and now deleted without replacement, Rules 801 to 804 (Lake Tahoe Air Basin). (F) Previously approved on November 15, 1978 in paragraph (c)(41)(x)(A) of this section and now deleted without replacement, Rules 801, 802, 803 (paragraphs B and C), and 804 (Mountain Counties Air Basin). (G) Previously approved on November 15, 1978 in paragraph (c)(41)(x)(A) of this section and now deleted without replacement, Rules 603, 604, 605, and 801 to 804 (Sacramento Valley Air Basin). (H) Previously approved on November 15, 1978 in paragraph (c)(41)(x)(A) of this section and now deleted without replacement Rule 706 (Mountain Counties Air Basin). (I) Previously approved on November 15, 1978 in paragraph (c)(41)(x)(A) of this section and now deleted without replacement Rules 702 to 704, 706, 708 to 710, and 715 (Sacramento Valley Air Basin). (xi) Tulare County APCD. (A) New or amended Rules 108 and 412.1 (xii) Shasta County APCD. (A) New or amended Rules 1:2 (with the exception of the definition of “person”); 2:6(1)(a), (1)(b), (i–ii), (1)(b)(iii), (a, b, and d), (1)(b), (iv–vii), (1)(c), (i–vi and viii), (1) (d and e), (2) (a–d and f), (3) (a–c and e–g), (4) (a–c and e–i), (5) (b–d); 2:7, 2:8; 3:2 (except part VI and VII of table II, and explanatory notes 6 and 7); 3:4, 4:1, 4:5, 4:6, 4:14, and 4:19. (B) Previously approved on November 14, 1978 and now deleted without replacement Rules 4.5 and 4.6. (xiii) Madera County APCD. (A) Amended Rule 412.1. (xiv) South Coast Air Quality Management District. (A) New or amended Rules 101 and 102 (except for the definition of “agricultural burning”). (xv) Northern Sonoma County APCD. (A) New or amended Rules 420(e) and (f), and 455(a) and (d). (42) Revised regulations for the following APCD's submitted on November 4, 1977 by the Governor's designee. (i) Imperial County APCD. (A) New or amended Rules 100 to 110, 113 to 115, 301 to 303, 305, 401, 403 to 406, 408, 409, 411 to 416, 419 to 422, 501 to 516, and 701 to 706. (B) Previously approved and now deleted (without replacement), Rules 106B, 113, 126, 131 and 147. (C) Rules 601, 602 (except those portions that pertain to the criteria levels for carbon monoxide and sulfur dioxide), 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, and 614. (D) New Rule 417 (A–H, and J). (E) Previously approved on August 11, 1978 and now deleted without replacement Rules 501 to 512 and 514 to 516. (F) Previously approved on August 11, 1978 in paragraph (c)(42)(i)(A) of this section and now deleted without replacement, Rules 104, 106, and 303. (ii) Sacramento County APCD. (A) Rules 3, 7(a) to 7(b)(2), 7b(4) to 7(d), 9, 11, 12, 13, 14, 15, 21, 22a, 23, 24, 25, 26, 94, 95, 96, 97, and 98. (B) Rules 120, 121, 122, 125, and 126, except those portions that pertain to the 12-hour CO criteria level. (iii) Kings County APCD. (A) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110, 111, 112, 113, 401, 402(a) to 402(d), 402(f), 402(g), 404, 404.1, 405, 405.1, 405.2, 405.3, 406, 407.1, 409, 410, 416.1, 417, 417.1, 418, 421, and 501. (B) Previously approved and now deleted, Rule 405.1. (C) Previously approved on August 4, 1978 and now deleted without replacement Rules 105 and 501. (D) Previously approved on August 4, 1978 in paragraph (c)(42)(iii)(A) of this section and now deleted without replacement, Rules 104 and 110. (iv) Stanislaus County APCD. (A) New or amended Rules 103.1, 108, 411.1. (v) Merced County APCD. (A) Amended Rules 411(b) and 411.1. (vi) Kern County APCD. (A) Rule 412.1. (vii) San Luis Obispo County APCD. (A) New or amended Rules 105(A)(1), 407, 501(A)(7), 502(A)(3). (viii) Glenn County APCD. (A) New or amended Rules 82, 152, and 154. (B) Previously approved on September 14, 1978 in paragraph (c)(42)(viii)(A) of this section and now deleted without replacement, Rules 152 and 154. (ix) Great Basin Unified APCD. (A) New or amended Rules 300, 423, and 617. (B) Previously approved and now deleted (without replacement) Rules 411 and 418. (x) El Dorado County APCD. (A) New or amended Rules 102, 201, 203 [with the exception of (G)], 206(B), 207, 208, 215, 216, 217, 217–49 to 217–50, 217–51(A to D), 217–53 to 217–56, 217–1 to 217–3, 302, 303, 304, 307, 308, 319, 320, 321, 322, 324, 402, 407, 409, 507, 700, 703 and 710. (B) Previously approved on November 6, 1978 in paragraph (c)(42)(x)(A) of this section and now deleted Rule 102. (C) Previously approved on November 6, 1978 in paragraph (c)(42)(x)(A) of this section and now deleted without replacement, Rules 216, 324, and 402. (D) Previously approved on November 6, 1978 in paragraph (c)(42)(x)(A) of this section and now deleted without replacement Rules 700, 703, and 710. (xi) Fresno County APCD. (A) New or amended Rules 411.1 and 416.1(g). (xii) San Joaquin County APCD. (A) New or amended Rules 108 and 411.2. (xiii) San Bernardino County Desert APCD. (A) New or amended Rules 101, 102, 103, 105, 404, 405, 406(a), 444, 461, 462, 463, 471, 474, 501, 502 and 509. (B) Previously approved and now deleted without replacement Rules 44 and 53.1. (C) Rules 701, 702, 712, and 715. (D) Previously approved on December 21, 1978 and now deleted without replacement Rules 501, 502, and 509. (xiv) Riverside County APCD. (A) New or amended Rules 101, 102, 105, 461, and 501. (B) Rule 701. (C) Previously approved on December 21, 1978 and now deleted without replacement Rule 501. (D) Previously approved on December 21, 1978 in paragraph (c)(42)(xiv)(A) of this section and now deleted without replacement, Rule 105 (Mojave Desert AQMD only). (xv) Del Norte County APCD. (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and (d), and Appendix D to regulation 1. (xvi) South Coast Air Quality Management District. (A) New or amended Rules 218, 463, and 466. (B) Rules 702 (map only) and 708.2. (C) Rules 714 and 715.1 (except those portions that pertain to sulfate, oxidant in combination with sulfate, and oxidant in combination with sulfur dioxide). (xvii) Humboldt County APCD. (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and (d), and Appendix D to Regulation 1. (xviii) Santa Barbara County APCD. (A) New Rule 39.3. (xix) Mendocino County APCD. (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and (d), and Appendix D to Regulation 1. (xx) Trinity County APCD. (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and (d), and Appendix D to Regulation 1. (xxi) Northern Sonoma County APCD. (A) New or amended Rules 240(e), 310, and Appendix D to Regulation 1. (xxii) Monterey Bay Unified APCD. (A) Regulation VII, Rules 700–713. (43) [Reserved] (44) Revised regulations for the following APCD's submitted on June 22, 1978, by the Governor's designee. (i) Great Basin Unified APCD. (A) Amended Rule 419. (ii) Santa Barbara County APCD. (A) New Rule 24.15. (iii) Ventura County APCD. (A) New or amended Rules 2, 7, and 56 (with the exception of Sections B(2)(c) and C). (iv) Yolo-Solano APCD. (A) Amended Rules 1.2 (preamble), 1.4, 2.8(c)(2), 2.13(h)(4), 2.15, 2.17, 2.20, 4.4(b), 5.1, 5.4(e)(1), 5.10, 5.11, and 6.7(f). (B) Previously approved and now deleted (without replacement) Rule 2.8(b)(4). (C) Previously approved on January 29, 1979 and now deleted without replacement Rules 5.1, 5.10 and 5.11. (D) Previously approved on January 29, 1979 in paragraph (c)(44)(iv)(A) of this section and now deleted without replacement, Rule 1.4. (v) South Coast Air Quality Management District. (A) Rules 102, 501.1, and 503. (B) Previously approved on March 28, 1979, and now deleted without replacement Rule 503. (vi) San Diego County APCD. (A) New or amended Rules 66, 67.0, and 67.1. (45) Revised regulations for the following APCD's submitted on July 13, 1978 by the Governor's designee. (i) Bay Area APCD. (A) New or amended Regulation 2, Division 3, sections 3210.11(B), 3211.2; Regulation 3, Division 3, §3102.1; Regulation 9. (ii) South Coast AQMD. (A) Rules 302, 461, 465, 1102, and 1113. (iii) San Diego County APCD. (A) New or amended Rules 42, 76, and 97. (B) Previously approved on July 30, 1979 and now deleted without replacement Rules 76 and 97. (46) The following Administrative Chapters of the California SIP, submitted on December 29, 1978, by the Governor's designee. (i) Chapter 2—Statewide Perspective. (ii) Chapter 20—Compliance. (iii) Chapter 23—Source Surveillance. (iv) Chapter 24—Resources. (v) Chapter 25—Intergovernmental Relations. (47) Revised regulations for the following APCD's submitted on January 2, 1979 by the Governor's designee. (i) South Coast AQMD. (A) New or amended Rules 301, 303, 708.3, 1201–1206, 1209–1211, 1214, 1217, 1220–1221, 1223–1224 and 1231. (B) New or amended Rules 462, 481, and 1104. (C) Previously approved on May 9, 1980 and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rules 1201–1205, 1209–1211, 1214, 1217, 1220–1221, and 1223–1224. (D) Previously approved on May 9, 1980 and now deleted without replacement for implementation in the South Coast Air Quality Management District, Rule 1231. (JR) (E) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of this section and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rule 1231. (F) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of this section and now deleted without replacement for implementation in the Mojave Desert Air Quality Management District (Riverside County), Rules 1201 to 1205, 1209 to 1211, 1214, 1217, 1220, 1221, 1223, and 1224. (G) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of this section and now deleted without replacement for implementation in the South Coast Air Quality Management District, Rules 1201 to 1205, 1209 to 1211, 1214, 1217, 1220, 1221, 1223, and 1224. (ii) Fresno County APCD. (A) New or amended Rules 110, 416.1, and 519. (B) New or amended Rule 409.1. (iii) Kern County APCD. (A) New or amended Rules 111, 301, and 519. (B) Rule 412. (iv) Lake County APCD. (A) New or amended Rules 435, and 436, and Tables V and VI. (v) Monterey Bay Unified APCD. (A) Amended Rule 301. (vi) Siskiyou County APCD. (A) Amended Rule 4.3. (vii) San Luis Obispo County APCD. (A) Rule 407. (B) New or amended Rule 201. (48) Chapter 3—Legal Authority of the California SIP, submitted on March 16, 1979, by the Governor's designee. (49) Addendum to Chapter 23 of the California SIP submitted on March 29, 1979, by the Governor's designee. (50) Revised regulations for the following APCD's submitted on May 7, 1979, by the Governor's designee. (i) Del Norte County APCD. (A) New or amended Rules 240, 410 (a) and (c), and 615. (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 615. (ii) Humboldt County APCD. (A) New or amended Rules 240, 410 (a) and (c), 615. (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 615. (iii) Mendocino County APCD. (A) New or amended Rules 240, 410, and 615. (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 615. (iv) Trinity County APCD. (A) New or amended Rules 240, 410 (a) and (c), and 615. (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 615. (v) Northern Sonoma County APCD. (A) New or amended Rules 240, 300, 310, 320, 410 (a) and (c), 420, 540, 615. (B) Previously approved on October 31, 1980 and now deleted without replacement Rules 320 and 615. (vi) Merced County APCD. (A) New or amended Rule 409.1. (B) New or amended Rule 519. (vii) Modoc County APCD. (A) New or amended Rules 1:2 w, 2:11, 2:15, 3:3 and 3:4. (viii) Monterey Bay Unified APCD. (A) Rules 403 and 602. (ix) Ventura County APCD. (A) New or amended Rules 71 and 71.3. (B) New or amended Rule 11. (x) San Diego County APCD. (A) New or amended Rule 10(h) and deletion of Rule 43. (51) Revised regulations for the following APCD's submitted May 23, 1979, by the Governor's designee. (i) Kern County APCD. (A) Amended Rules 305 and 503. (B) Rules 410.1 and 424. (C) Previously approved on August 11, 1980 and now deleted without replacement Rule 503 (including Southeast Desert). (ii) Monterey Bay Unified APCD. (A) Rule 417. (B) Rule 617. (iii) Del Norte County APCD. (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 1/Appendix D. (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 320. (iv) Humboldt County APCD. (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 1/Appendix D. (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 320. (v) Mendocino County APCD. (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 1/Appendix D. (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 320. (vi) Trinity County APCD. (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 1/Appendix D. (B) Previously approved on October 31, 1980 and now deleted without replacement Rule 320. (vii) San Diego County APCD. (A) Amended Rules 2(t), 61.5, and 61.7. (B) New or amended Rules 19.2(d)(4), 50, 62(a), 66(P) and (W), 95, and 98. (C) New or amended Rule 11. (D) Previously approved on September 28, 1981 and now deleted without replacement Rules 95 and 98. (viii) San Joaquin County APCD. (A) New or amended Rule 409.1. (B) New or amended Rules 110 (a), (b), and (d)–(i), 301, 303–311, and 511. (C) New or amended Rules 102, 108.2, 110(c), 302, 401, and 521. (D) Previously approved on December 9, 1981 and now deleted without replacement Rules 301, 303 to 311, and 511. (E) Previously approved on June 18, 1982 and now deleted without replacement Rule 302. (ix) Stanislaus County APCD. (A) New or amended Rule 409.1. (B) New or amended Rule 110 (A), (B) and (D)–(I). (C) New or amended Rules 110(c) and 519. (D) Previously approved on June 18, 1982 and now deleted without replacement Rule 519. (x) Tulare County APCD. (A) New or amended Rules 410.1 and 413. (B) New or amended Rules 111 (a), (b), and (d)–(i), 402, and 417. (C) New or amended Rules 108, 111(c), 201, 410 and 519. (xi) Lake County APCD. (A) New Rules 227.1, 254.1, and 660. (B) Previously approved on January 27, 1981 in paragraph (c)(51)(xi)(A) of this section and now deleted without replacement, Rule 660. (xii) San Bernardino County Desert APCD. (A) New Rules 480 and 501.1. (B) New or amended Rules 442, 463, and 1113. (C) Previously approved on January 27, 1981 and now deleted without replacement Rule 501.1. (xiii) Santa Barbara County APCD. (A) New or amended Rules 101, 102, 103, 104, 201(A, B, D, E, F, and G), 202, 203, 204, 205(A and B), 206, 207, 208, 209, 210, 211, 301, 302, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 317, 319, 322, 324, 328, 401, 402, 403, 501, 502, 503, 504, 505, 505–A, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 601, 602, 603, 604, 605, 606, 607, 608, 609, and 610. (B) Previously approved on May 18, 1981 and now deleted without replacement Rules 210 to 211, 501 to 504, 506 to 512, 514 to 516, and 518. (C) Previously approved on May 18, 1981 in paragraph (c)(51)(xiii)(A) of this section and now deleted without replacement, Rule 402. (D) Previously approved on May 18, 1981 in paragraph (c)(51)(xiii)(A) of this section and now deleted without replacement Rules 204, 207, 208, 209, 513, 517, and 519. (xiv) El Dorado County APCD—Lake Tahoe Air Basin Portion. (A) New or amended Rules 101, 102 (except LAER, stationary source, modification definitions), 103, 104, 201–203, 206A–212, 217, 301–305, 307–310, 312–321, 404, 702–704, 706–710, and 801–804. Deleted Rules 59(g)(1), 102I, 102S, 102BB, 102FF, 102GG, 102LL, 102RR, 208, 214, 601, 602, and 700. (B) Amended Rule 306. (C) New or amended Rules 102, LAER, stationary source, and modifications; 213; and 214. (D) Previously approved on May 18, 1981 in paragraph (c)(51)(xiv)(A) of this section and now deleted without replacement, Rules 801 to 804. (E) Previously approved on May 18, 1981 in paragraph (c)(51)(xiv)(A) of this section and now deleted without replacement Rules 702 to 704 and 707 to 710. (xv) Placer County APCD—Mountain Counties Air Basin Portion. (A) New or amended Rules 404, 602, and 603. (B) Deletion of Rules 604 and 605. (C) Previously approved on May 18, 1981 and now deleted without replacement Rules 404, 602, and 603. (xvi) Sacramento County APCD. (A) Amended Rule 71. (B) Previously approved on January 26, 1982 and now deleted without replacement Rule 71. (xvii) Shasta County APCD. (A) Amended Rule 3.4. (xviii) Sierra County APCD. (A) New or amended Rules 207, 210, 211, 218 and 618. (B) Previously approved on January 25, 1982 in paragraph (c)(51)(xviii)(A) of this section and now deleted without replacement, Rule 618. (xix) Tehama County APCD. (A) Amended Rule 2.1 and previously approved and now deleted Rule 2.9 (Action on Applications). (xx) Ventura County APCD. (A) New or amended Rules 6, 8, 9, 13, 24, 40, 63, 75, 102, 103, 110, 111, 112, 113, 114, 120, 121, 123, 124, 125, 126, 127, and 130. (B) Previously approved on June 18, 1982 and now deleted without replacement Rules 40, 110 to 114, 120 to 121, 123 to 126, and 130. (C) Previously approved on June 18, 1982 in paragraph (c)(51)(xx)(A) of this section and now deleted without replacement, Rule 9. (D) Previously approved on June 18, 1982 in paragraph (c)(51)(xx)(A) of this section and now deleted without replacement Rules 8 and 127. (52) Revised regulations for the following APCD's submitted October 15, 1979, by the Governor's designee. (i) Kern County APCD. (A) Amended Rule 302 (B) Rules 410.4, 410.5, and 414.2. (C) Previously approved on August 21, 1981 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 414.2. (ii) Imperial County APCD. (A) Rules 415.1 and 424. (B) New or amended Rules 101 L, 110, 201B, 301, 302, 304, 306, 401, 404, 406, 408, 410, 417 I, 418, 419, 422, Regulation VI, 701, 702, 703 (deletion), 705, and 706. (C) Previously approved on January 27, 1981 in paragraph (c)(52)(ii)(B) of this section and now deleted without replacement, Rules 304 and 706. (iii) [Reserved] (iv) Kings County APCD. (A) New or amended Rules 210.1 (except paragraphs (3)(D) and (5)(B)(8)), 210.2, 410.1, 410.2, 410.3, 410.5, 412.1, 413, 414.1, and 414.2. (B) New or amended Rules 111 (A), (B), and (D)–(I), 301, 302, and 401. (C) New or amended Rules 111(c), and 519. (D) Previously approved on October 9, 1981 and now deleted without replacement Rule 302. (E) Previously approved on June 18, 1982 and now deleted without replacement Rule 519. (F) Previously approved on December 9, 1981 in paragraph (c)(52)(iv)(B) of this section and now deleted without replacement, Rule 301. (v) Madera County APCD. (A) New or amended Rules 210.2, 410.1, 410.3, 410.5, 411, and 412. (B) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110, 115, 210.3, 301, 305, 402(a)–(e), 409, 410, 416, 417, 418, 501, 504, 511, 601, 602, 603, 606–611, and 612. (C) New or amended Rules 111(c) 402(f) and 519. (vi) Merced County APCD. (A) New or amended Rules 210.1 (except paragraphs (3)(D) and (5)(B)(8)), 210.2, 409.5, and 411. (B) New or amended Rules 109 (A), (B), and (D)–(I). (C) New or amended Rule 109(c). (vii) San Joaquin County APCD. (A) New or amended Rules 209.1 (except paragraphs (B)(3) and (D)(2)(b)), 209.2, 409.3, 410, 411.1, 413, 413.1, 413.2, and 413.3. (B) New or amended Rule 209.3. (C) New or amended Rule 209.4. (viii) Stanislaus County APCD. (A) New or amended Rules 209.2 and 411. (ix) Tulare County APCD. (A) New or amended Rules 210.1 (except paragraphs (C)(4) and (e)(2)(H)), 210.2 and 410.5. (B) New or amended Rules 301 and 302. (C) Previously approved on December 9, 1981 and now deleted without replacement Rules 301 and 302. (x) Lake County APCD. (A) Amended Rule 433. (xi) Amador County APCD. (A) New or amended Rules 102, 103, 107, 203, 206B, 207, 209–211, 213, 215, 216, 301–313, 315–324, 401, 402, 404, 407, 409, Regulation VI, 700–704, 710, and 711. (B) Previously approved on May 18, 1981 and now deleted without replacement Rules 605, 700 to 704, and 710 to 711. (C) Previously approved on May 18, 1981 in paragraph (c)(52)(xi)(A) of this section and now deleted without replacement, Rules 103, 402, and 601 to 604. (xii) Nevada County APCD. (A) New or amended Rules 207, 210, 211, 218, 306, 307, and 404. (B) Previously approved on May 18, 1981 and now deleted without replacement Rule 404. (xiii) Placer County APCD—Mountain Counties Air Basin Portion. (A) New or amended Rules 101, 102, 104, 201, 202, 207, 210, 211, 220–222, 301–310, and 312–323. (B) New or amended Rules 215 and 219. (C) Rule 508 (except paragraph (c)(3)(h)). (D) New or amended Rules 501B, 502, 504, 506, 512, and 513. (E) Previously approved and now deleted, Rule 104. (F) Previously approved on May 18, 1981 in paragraph (c)(52)(xiii)(D) of this section and now deleted without replacement Rules 504, 506, 512, and 513. (xiv) Tuolumne County APCD. (A) New or amended Rules 207, 210, 218, and 404. (xv) Fresno County APCD. (A) New or amended Rules 210.1 [except paragraphs (3)(D) and (5)(B)(8)], 210.2, 409.5, 409, 409.3, 409.4, and 411. (B) New or amended Rules 301, 302, and 305. (C) Previously approved on December 9, 1981 and now deleted without replacement Rule 305. (D) Previously approved on December 9, 1981 in paragraph (c)(52)(xv)(B) of this section and now deleted without replacement, Rule 302. (xvi) Yuba County APCD. (A) New or amended Rules 1, Section 1 (except Silviculture Deletion), 1.1 (except PPM), 2.0–2.2, 2.4 except (a), 2.5–2.12, 2.15–2.20, 2.22–2.24, 2.27, 2.30, Section 5 (Deletion), 5.0–5.3, 5.5–5.19, 6.1–6.7, 7, 7.1 and 8.1. (B) New or amended Rules 2.3 and 2.4(a). (C) Previously approved on January 26, 1982 in paragraph (c)(52)(xvi)(A) of this section and now deleted without replacement, Rules 7.0, 7.1, and 8.1. (D) Previously approved on January 26, 1982 in paragraph (c)(52)(xvi)(A) of this section and now deleted without replacement Rules 5.0 to 5.3, 5.5 to 5.19, and 6.1 to 6.7. (xvii) San Diego County APCD. (A) New or amended Rule 67.7 and 67.2. (xviii) Shasta County APCD. (A) New or amended Rules 1.1, 1.2, 2.11, 2.12, and 3.2 (except rows (vi) and (vii)). (B) Amended Rule 2:5. (xix) Yolo—Solano APCD. (A) New or amended Rules 4.1–4.3. (B) New or amended Rules 301, 302, and 305. (C) Previously approved on January 26, 1982 and now deleted without replacement Rule 4.3. (xx) Sacramento County APCD. (A) New or amended Rule 1. (xxi) Siskiyou County APCD. (A) New or amended Rules 2.14–2.16. (53) Revisions to air pollution emergency episode plans submitted on February 14, 1980 by the Governor's designee. (i) Bay Area Air Quality Management District Rules 100, 101, 300, 301, 302, 303, 304, 305, 400, 401, 402, 403, and 404. (54) Revised regulations for the following APCD's submitted on February 25, 1980, by the Governor's designee. (i) Ventura County APCD. (A) Rules 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, and 162. (B) New or amended Rule 71.1. (C) New or amended Rules 56, 80, 81, and deletion of Rules 17, 151, 163, and 164. (ii) Monterey Bay Unified APCD. (A) Rule 422 and deletion of Rule 508. (B) Amended Rule 416. (iii) San Luis Obispo County APCD. (A) Rules 301, 302, 303, and 304. (B) Previously approved on May 18, 1981 and now deleted without replacement Rules 303 and 304. (iv) Yolo—Solano APCD. (A) Amended Rule 5.4. (B) New or amended Rules 2.21, 2.21.1, 2.24 and 2.25. (C) New or amended Rule 3.13. (D) Previously approved on January 26, 1982 and now deleted without replacement Rule 5.4. (v) Sacramento County APCD. (A) New or amended Rule 17. (B) [Reserved] (C) New or amended Rules 3.13, 3.4.1, and 3.4.2. (vi) Sutter County APCD. (A) New or amended Rules 1.4, 2.8.1 (Deletion), 2.17, and 2.82. (B) Previously approved on January 26, 1982 in paragraph (c)(54)(vi)(A) of this section and now deleted without replacement, Rule 1.4. (vii) Yuba County APCD. (A) Amended Rule 2.26. (viii) Butte County APCD. (A) New Rule 2–12.e. (B) Amended Rules 4.5A and 4.5B. (C) Previously approved on May 27, 1982 in paragraph (viii)(B) of this section and now deleted Rules 4.5A and 4.5B. (ix) Tehama County APCD. (A) Amended Rules 2.5A and 2.5B. (x) Colusa County APCD. (A) New or amended Rules 2.7 A and B. (xi) Glenn County APCD. (A) New or amended Rules 51.1 and 51.2. (xii) Shasta County APCD. (A) New or amended Rules 1:2 (Best Available Control Technology, Stationary Source and Precursor) and 2:1 A. (55) The following material for Imperial County was submitted on October 11, 1979 by the Governor's designee. (i) Summary of Plan Compliance with Clean Air Act Requirements. (ii) Imperial County plan to attain National Ambient Air Quality Standards for oxidants, October 31, 1978. (iii) SIP Revision—Imperial County ARB Staff Report, No. 79–4–2. (iv) ARB resolution 79–9, February 21, 1979. (v) Copies of Board hearing testimony. (56) Revised regulations for the following APCDs submitted on March 17, 1980, by the Governor's designee. (i) Imperial County APCD. (A) Rules 207 [except Subparagraph C.4.], 208, and 209. (ii) Ventura County APCD. (A) Amended Rule 26.3. (B) New or amended Rules 10, 25, and 27. (C) Previously approved on June 18, 1982 and now deleted without replacement Rule 25. (D) Previously approved on June 18, 1982 in paragraph (c)(56)(ii)(B) of this section and now deleted without replacement Rule 27. (57) The North Central Coast Air Basin Strategy (Chapter 10 of the comprehensive revisions to the State of California Implementation Plan for the Attainment and Maintenance of Ambient Air Quality Standards) submitted on September 12, 1979 by the Governor's designee. (58) Revised regulations for the following APCDs submitted on December 17, 1979 by the Governor's designee. (i) Monterey Bay Unified APCD. (A) Rules 418, 425 and 426. (B) New or amended Rules 300, 405, and 601. (ii) South Coast AQMD. (A) New or amended Rules 1107, 1108, 1108.1 and 1128. (B) New or amended Rules 404, 442, 501.1, 502, 504.1(b), (c), and (d), and 1124. (C) Previously approved on September 28, 1981 and now deleted without replacement Rule 501.1. (iii) Great Basin Unified APCD. (A) New or amended Rules 205, 210, 300A, and G, 403, 408, 419, and 617. (B) New or amended Rules 203, 209–A and B, 212, and 213. (C) Previously approved on June 18, 1982 in paragraph (c)(51)(iii)(B) of this section and now deleted without replacement Rule 203. (iv) Ventura County APCD. (A) New or amended Rule 74.3. (v) Butte County APCD. (A) New or amended Rules 2.12a, 2.12b, 2.12c, and 2.12d. (vi) Shasta County APCD. (A) New or amended Rules 1.2, 3.14, and 3.15. (vii) Yolo—Solano APCD. (A) Amended Rules 2.8 and 6.6. (viii) San Luis Obispo County APCD. (A) New or amended Rule 407. (ix) Modoc County APCD. (A) New or amended Rule 2:8–e. (59) Revised regulations for the following APCD submitted on March 4, 1980 by the Governor's designee. (i) Monterey Bay Unified APCD. (A) Rules 207 (except B.4.) and 208. (B) New or amended Rules 205, 211, 212, 213, and 214. (60) Chapter 4, California Air Quality Control Strategies, of the California SIP, submitted on May 23, 1979, by the Governor's designee. (61) Redesignation of AQCR's in California, submitted on September 11, 1978, by the Governor's designee. (62) The San Diego Air Basin Control Strategy (Chapter 14 of the Comprehensive Revisions to the State of California Implementation Plan for the Attainment and Maintenance of Ambient Air Quality Standards) submitted on July 5, 1979, by the Governor's designee, except the inspection/maintenance portion. Additional documents were also submitted as appendices. Those portions of the San Diego Air Basin Control Strategy, including Appendices, identified by Table 14–1, “Location of Plan Elements Which Meet Clean Air Act Requirements” (pages 6–7), comprise the submitted nonattainment area plan, except the inspection/maintenance portion. The remaining portions are for informational purposes only. (63) The following portions of the California Environmental Quality Act submitted on October 20, 1980, by the Governor's designee: Sections 21000; 21001; 21002; 21002.1; 21061; 21063; 21065; 21080.1; 21080.4; 21080.5 (a), (b), (c) and (d); 21081; 21082; 21100; 21104; 21151; 21153; 21160. (64) Revised regulations for the following APCD submitted on February 13, 1980, by the Governor's designee. (i) San Diego County APCD. (A) Rules 20.1, 20.2, 20.3, 20.4, 20.5 and 20.6. (65) The following amendments to the South Coast Air Basin Control Plan were submitted on July 25, 1979, by the Governor's designee. (i) The South Coast Air Basin Control Strategy (Chapter 18 of the Comprehensive Revision to the State of California Implementation Plan for the Attainment and Maintenance of Ambient Air Quality Standards). Those portions of the South Coast Air Basin Control Strategy identified by Table 18–1, “Location of Plan Elements Which Meet Clean Air Act Requirements,” together with Rules 1115 and 1126, comprise the submitted nonattainment area plan control strategy. The remaining portions are for informational purposes only. (ii) New or amended Rules 218, 431, 431.1–431.3, 1120, 1206–1208, 1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225–1230. (iii) Previously approved on September 28, 1981 and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rules 1206, 1208, 1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225–1230. (iv) Previously approved on September 28, 1981 in paragraph (c)(65)(ii) of this section and now deleted without replacement Rules 1206, 1208, 1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225 to 1230. (v) Previously approved on September 28, 1981 in paragraph (c)(65)(ii) of this section and now deleted without replacement for implementation in the Mojave Desert Air Quality Management District (Riverside County), Rules 1206, 1208, 1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225 to 1230. (66) Revised regulations for the following APCD's, submitted on February 7, 1980, by the Governor's designee. (i) South Coast AQMD. (A) New or amended Rule 461. (B) Amended Rule 466. (ii) Bay Area AQMD. (A) Regulation 8: Rule 1, 2 (except paragraph 301), 4, 7, 8, 9, 10, 11, 13, 14, 15, 16, 18 and 19. (67) Revised regulations for the following APCD's, submitted on April 2, 1980, by the Governor's designee. (i) South Coast AQMD. (A) New or amended Rule 1122. (B) New or amended Rules 107, 709(c), 1111, 1121 and 1140. (ii) Bay Area AQMD. (A) New or amended Regulation 9, Rules 9–4–100, 9–4–101, 9–4–200 to 9–4–203, 9–4–300, 9–4–301, 9–4–303, and 9–4–400 to 9–4–404. (iii) Kern County APCD. (A) New or amended Rules 412.1(b)–(f). (B) New Rule 411.1. (C) Previously approved on July 8, 1982 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 411.1. (iv) Sacramento County APCD. (A) New or amended Rules 7, 24, 25, 28, 30, and 53. (B) New or amended Rules 120, 121, and 122. (68) Revised regulations for the South Coast AQMD, submitted on April 3, 1980, by the Governor's designee. (i) New or amended Rules 1301, 1303, 1304, 1305, 1306, 1307, 1310, 1311, and 1313. (ii) Previously approved on January 21, 1981 and now deleted without replacement Rule 1311. (69) Revised regulations for the South Coast AQMD submitted on April 23, 1980, by the Governor's designee. (i) New or amended Rules 464, 465, 1123, and 1125. (ii) New or amended Rules 301, 405, 431.2(c)(5), 701, 702 (a), (d), (e), (f), (h) and (i), 703–706, 708.3(a), (b)(8)–(b)(10), 708.4(g) and (h), 709(a), 710(a) and (b)(4), 711(a)(1), (a)(4), (b)(1) and (b)(4), and 713–715. (iii) New Rule 1103. (iv) California Health and Safety Code, Sections 41950 to 41962, 94000 to 94004; and Stationary Source Test Methods—Volume 2: Certification and Test Procedures for Gasoline Vapor Recovery Systems submitted on April 23, 1980. (v) Previously approved on July 8, 1982 in paragraph (c)(69)(iii) of this section and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rule 1103. (70) Revised regulations for the following APCD's submitted on August 15, 1980, by the Governor's designee. (i) South Coast AQMD. (A) New or amended Rules 1302 and 1308. (B) New or amended Rule 1101. (C) New or amended Rules 702(b), 707, 708, 708.3 (a)(2) and (c), 708.4 (a) and (b), 709(e), 710 (b)(1)(D), (b)(2)(D), (b)(3)(B), and (c)(3)(B), 711 (a)(1)(E), (a)(2)(D), (a)(3)(B), (a)(4)(F), (b)(3)(B), and (b)(4)(f), and 1102. (D) Amended Rule 401 (except subparagraph 401(b)). (ii) San Diego County APCD. (A) New or amended Rules 2 (z) and (aa), 40, and 10 (f) and (i). (iii) Shasta County APCD. (A) Amended Rule 3.3. (iv) El Dorado County APCD (Mountain Counties and Lake Tahoe Air Basin). (A) New or amended Rules 601–613. (B) Previously approved on May 27, 1982 in paragraph (c)(70)(iv)(A) of this section and now deleted without replacement, Rules 601 to 613. (71) The San Joaquin Valley Air Basin Control Strategy (Chapter 16 of the Comprehensive Revisions to the State of California Implementation Plan for the Attainment and Maintenance of Ambient Air Quality Standards) submitted on October 11, 1979, by the Governor's designee. Those portions of the San Joaquin Valley Air Basin Control Strategy identified by Tables 16–1a, 1b and 1c (Summary of Plan Compliance with Clean Air Act Requirements) except for those portions which pertain to Fresno County and the six transportation control measures for Stanislaus County, comprise the submitted plan. The remaining portions are for informational purposes only. The following rules were also submitted on October 11, 1979 as part of the enforceable plan: (i) Kings County APCD. (A) New or amended Rules 411 and 413.3. (ii) Madera County APCD. (A) New or amended Rule 210.1 (except paragraphs (3)(D) and (5)(B)(8)). (iii) Merced County APCD. (A) New or amended Rules 409.3 and 410. (iv) Tulare County APCD. (A) New or amended Rule 410.3. (72) The San Francisco Bay Area Basin Control Strategy (Chapter 15 of the Comprehensive Revisions to the State of California Implementation Plan for the Attainment and Maintenance of Ambient Air Quality Standards) including appendices, submitted on July 25, 1979, by the Governor's designee. (73) Revised regulations for the following APCD's submitted on January 14, 1980, by the Governor's designee. (i) Bay Area AQMD. (A) Regulation 2: Rule 1: 2–1–200, 2–1–300, 2–1–307, and 2–1–400, Rule 2: 2–2–100, 2–2–200, 2–2–209, 2–2–210, 2–2–300, and 2–2–400; Rule 3: 2–3–100, 2–3–101, 2–3–200, 2–3–201, 2–3–300, 2–3–301, 2–3–302, 2–3–401, 2–3–401.1 to 2–3–401.3, 2–3–402, 2–3–403, 2–3–404, and 2–3–405. (B) New or amended Regulation 2, Rule 1: 2–1–100 to 2–1–102, 2–1–111, 2–1–112, and 2–1–408. (74) Revised regulations for the following APCD's submitted on December 24, 1979, by the Governor's designee. (i) Imperial County APCD. (A) New or amended Rules 111, 413, 414, 416, 416 (deletion), and 517. (B) Previously approved on January 27, 1981 and now deleted without replacement Rule 517. (ii) Santa Barbara County. (A) Rule 316. (iii) Ventura County APCD. (A) New Rule 70 (except paragraph E). (75) Revised regulations for the Kern County APCD, submitted on January 8, 1980, by the Governor's designee. (i) Rules 210.2, 410.3, 411, 414, 414.1, and 414.3. (ii) New or amended Rule 424(F). (iii) Previously approved on August 21, 1981 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 414.3. (76) Revised regulations for the following APCD's, submitted on April 15, 1980, by the Governor's designee. (i) Kern County APCD. (A) Amended Rule 210.1 (77) The following amendments to the plan were submitted on October 18, 1979, by the Governor. (i) San Luis Obispo County APCD. (A) New or amended Rules 415, 416, 420, and 422. (ii) The South Central Coast Air Basin Control Strategy [Chapter 17 of the Comprehensive Revision to the State of California Implementation Plan for the Attainment and Maintenance of Ambient Air Quality Standards]. Those portions of the South Central Coast Air Basin Control Strategy identified by Tables 17–1 and 17–2 “Location of Plan Elements Which Meet Clean Air Act Requirements” together with the rules identified below comprise the submitted nonattainment area plan. The remaining portions are for informational purposes only. (A) Santa Barbara County APCD Rules 320, 321, 323, 327, 329 to 332, 201.C and 205.C. (except subparagraph 5.b.8.). (B) Ventura County APCD Rules 26 (except 26.2, 26.3 and 26.4), 74.4, 74.7, and 74.8. (78) Revised regulations for the following APCD submitted on November 19, 1979, by the Governor's designee. (i) South Coast AQMD. (A) Deletion of Rules 67 and 72. (ii) California Lead SIP. (79) Revised regulations for the following APCD's submitted on June 2, 1980, by the Governor's designee. (i) Monterey Bay Unified APCD. (A) Rule 427. (ii) Bay Area AQMD. (A) New or amended Regulation 1, Rules 1–100 to 1–111, 1–114, 1–200 to 1–205, 1–207 to 217, 1–219 to 1–232, 1–400 to 1–402, 1–410 to 1–412, 1–420, 1–430 to 1–434, 1–440, 1–441, 1–500 to 1–502, 1–510, 1–521, 1–530, 1–540, 1–541, 1–543, 1–544; Regulation 5, Rules 5–100, 5–101, 5–110, 5–111, 5–200 to 5–207, 5–300, 5–301, 5–400 to 5–404; Regulation 6, Rules 6–100, 6–101, 6–200 to 6–204, 6–300 to 6–304, 6–310, 6–312,6–320, 6–330, 6–400, 6–401, 6–500 to 6–502; Regulation 11, Rules 11–1–100 to 11–1–102, 11–1–300 to 11–1–303; Regulation 12, Rules 12–2–100, 12–2–101, 12–2–200, 12–2–201, 12–2–300, 12–2–301, 12–2–500, 12–2–501, 12–3–100, 12–3–101, 12–3–300, 12–3–301, 12–3–500, 12–3–501–12–4–100 to 12–4–102, 12–4–200 to 12–4–212, and 12–4–300 to 12–4–307. (B) New or amended Regulation 1: 1–206, 1–520, 1–542, and 1–600 to 1–604; Regulation 6: 6–305, 6–311, 6–600, and 6–601; and Regulation 11: 11–1–500, 11–1–501, and 11–1–600 to 11–1–603. (iii) Ventura County APCD. (A) New or amended Rule 2. (B) New or amended Rule 59. (iv) South Coast AQMD. (A) Deletion of Rule 471. (B) New Rule 466.1. (v) San Diego County APCD. (A) New or amended Rules 1, 2 (a), (b), (t), (v), (u), (x), and (y), 14, 17, 67.0, and 67.1. (B) Previously approved on September 28, 1981 in paragraph (c)(79)(v)(A) of this section and now deleted without replacement Rule 14. (vi) Shasta County APCD. (A) New Rule 3.17. (80) The following amendments to the plan were submitted on August 21, 1979 by the Governor's designee. (i) Revised regulations for Placer County APCD—Lake Tahoe Air Basin Portion. (A) New or amended Rules 101–104, 201–204, 206–211, 215, 217, 301–308, and 310–319. (B) New Rule 507. (C) New or amended Rules 502–506 and 511–513. (D) Previously approved and now deleted, Rule 104. (E) New or amended Rules 212, 213, 508 (except Paragraph (1)(C)(3)(h), and 514. (F) Previously approved on June 23, 1982 in paragraph (c)(80)(i)(C) of this section and now deleted without replacement Rules 504, 506, and 511 to 513. (ii) Chapter 8, Lake Tahoe Basin Control Strategy, including Support Documents and Appendices. The Transportation Improvement Program and Regional Transportation Plan are for informational purposes only. (81) Revised regulations for the following APCD, submitted on February 11, 1980 by the Governor's designee. (i) El Dorado County APCD—Lake Tahoe Air Basin Portion. (A) New or amended Rules 507, 511–515, and 519–528. (B) New or amended Rules 501 to 506, 508 to 510, and 516 to 518. (C) Previously approved on May 18, 1981 in paragraph (c)(81)(i)(A) of this section and now deleted without replacement Rules 512, 514, 519, and 520 to 524. (82) [Reserved] (i) Ventura County APCD. (A) New or amended Rule 74.6. (83)(i)(A) [Reserved] (B) New Rules 22, 23, and 27. (C) New or amended Regulation 8: Rule 21. (ii) Kings County APCD. (A) New or amended Rule 414. (iii) [Reserved] (A) Rule 410. (B) New or amended Rules 411.1 and 416.1. (84) Revised regulations for the following APCDs submitted on October 10, 1980, by the Governor's designee. (i) Madera County APCD. (A) New or amended Rule 410.4. (ii) Merced County APCD. (A) New or amended Rule 409.4. (iii) Kings County APCD. (A) New or amended Rule 410.4. (iv) San Joaquin County APCD. (A) New or amended Rule 409.4. (v) Stanislaus County APCD. (A) New or amended Rule 409.4. (vi) Tulare County APCD. (A) New or amended Rule 410.4. (vii) Modoc County APCD. (A) Amended Rule 3:12. (85) Revised regulations for the following APCDs submitted on December 15, 1980, by the Governor's designee. (i) Tulare County APCD. (A) New or amended Rule 412. (B) New or amended Rule 412.1. (C) New or amended Rules 201 and 417.1. (ii) Madera County APCD. (A) New or amended Rule 412.1 (B) New or amended Rules 201, 202, 301, and 417.1. (iii) Sacramento County APCD. (A) New or amended Rule 13. (iv) San Diego County APCD. (A) New or amended Rules 61.0, 61.0 (n) and (o), 61.1, 61.1(a)(1) (i) and (h), 61.2, 61.2(a), 61.3 and 61.4 (v) San Bernardino County APCD, Southeast Desert Air Basin portion. (A) New or amended Rules 461 and 462. (vi) Tehama County APCD. (A) New or amended Rules 1.2, 1.3, 2.7, 2.8, 2.9, 3.1, 3.2, 3.3–3.14, 4.1, 4.2, 4.6, and 4.7. (B) Previously approved and now deleted Rule 2.8 (Further Information). (C) Previously approved on April 12, 1982 in paragraph (c)(85)(vi)(A) of this section and now deleted without replacement, Rules 1.3 and 2.9. (D) Previously approved on April 12, 1982 in paragraph (c)(85)(vi)(A) of this section and now deleted without replacement Rules 2.7 and 2.8. (vii) Santa Barbara County APCD. (A) New or amended Rule 210. (B) Previously approved on June 18, 1982 in paragraph (c)(85)(vii)(A) of this section and now deleted without replacement, Rule 210. (viii) South Coast AQMD. (A) New Rule 1130. (ix) Kings County APCD. (A) New or amended Rule 417.1. (x) Kern County APCD. (A) New or Amended Rules 110 and 417.1. (B) Previously approved on July 6, 1982 in paragraph (c)(85)(x)(A) of this section and now deleted without replacement, Rule 110. (C) Previously approved on July 6, 1982 in paragraph (c)(85)(x)(A) of this section and now deleted without replacement for implementation in Kern County, Southeast Desert Air Basin Rule 110. (86) Revised regulations for the following APCD's submitted on July 10, 1980 by the Governor's designee. (i) Bay Area AQMD. (A) Regulation 8: Rule 2 (Paragraph 301). (B) New Rules 17 (paragraphs 112, 302, 400, and 401) and 26. (C) New or amended Regulations, Rules 1–206, 1–218, 6–311, 9–1–100, 9–1–101, 9–1–110 9–1–200 to 9–1–204, 9–1–300 to 9–1–308, 9–1–310, 9–1–311, 9–1–400 to 9–1–404, 9–1–500 to 9–1–502, and 9–4–302. (D) New or amended Rule 1–541 and Regulation 9, Rules 9–1–600 to 9–1–605. (ii) Butte County APCD. (A) Amended Rule 4.9. (B) Previously approved on May 27, 1982 in paragraph (ii)(A) of this section and now deleted Rule 4.9. (87) Revised regulations for the following APCD's submitted on September 5, 1980 by the Governor's designee. (i) Bay Area AQMD. (A) Regulation 8: Rule 5, Rule 6, and Rule 12. (B) New Rules 25 and 28 (except section 401). (ii) San Diego County APCD. (A) New or amended Rule 19. (iii) San Joaquin County APCD. (A) New or amended Rule 411.2. (B) New or amended Rules 202 and 416.1. (iv) San Bernardino County APCD, Southeast Desert Air Basin portion. (A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1310, 1311, and 1313. (v) Los Angeles County APCD, Southeast Desert Air Basin portion. (A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1310, 1311, and 1313. (vi) Sacramento County APCD. (A) New or amended Rules 74, 90, 92, 93, 94, 95, 96, 98, and Regulation VII. (B) Previously approved on June 18, 1982 and now deleted without replacement Rule 74. (vii) Ventura County APCD. (A) New or amended Rules 2 and 55. (viii) Shasta County APCD. (A) New Rule 2:6. (88) Revised regulations for the following APCDs submitted on July 25, 1980, by the Governor's designee. (i) Stanislaus County APCD. (A) New or amended Rule 209.1 (except paragraphs (3)(E) and (5)(B)(8)). (B) New or amended Rules 103 and 305. (C) New or amended Rules 202 and 416.1. (D) Previously approved on December 9, 1981 and now deleted without replacement Rule 305. (ii) Bay Area AQMD. (A) New or amended Regulation 3, Rules 3–100 to 3–103, 3–200 to 3–206, 3–208 to 3–211, 3–300 to 3–311, and 3–400 to 3–408. (iii) South Coast AQMD. (A) New or amended Rule 1119. (B) Amended Rule 462. (iv) [Reserved] (v) Merced County APCD. (A) New or amended Rule 411.1. (B) New or amended Rules 202 and 416.1. (89) Revised regulations for the following APCDs submitted on March 30, 1981, by the Governor's designee. (i) Kings County APCD. (A) New or amended Rule 411. (ii) Yolo-Solano County APCD. (A) New or amended Rule 2.13(h)(6). (iii) Yuba County APCD. (A) Amended Rules 3.8, 3.12, and 3.15. (B) New or amended rules 1.3, 3.0–3.7, 3.9, 3.10, 3.13, 4.0–4.5, 4.7 to 4.10, 4.12, 5.4, 6.0, 8.0, 8.2, 9.0–9.5, 9.7, and 9.8. (C) Previously approved on April 12, 1982 in paragraph (c)(89)(iii)(B) of this section and now deleted without replacement, Rules 8.0, 8.2 and 9.0 to 9.4. (D) Previously approved on April 12, 1982 in paragraph (c)(89)(iii)(B) of this section and now deleted without replacement Rules 4.7, 4.8, 4.9, 4.10, 5.4, and 6.0. (iv) Imperial County APCD. (A) New Rule 418.1. (v) Monterey Bay Unified APCD. (A) New Rule 425. (vi) Lake County APCD. (A) New or amended Sections 101, 227.4, 301, 1602, and Table VI. (B) Previously approved on April 13, 1982 and now deleted without replacement Rule 301 and Table VI. (vii) South Coast AQMD. (A) Amended Rule 1102.1. (90) The following amendments to the plan were submitted on December 31, 1979, by the Governor's designee. (i) Chapter 22—Air Quality Monitoring by State and Local Air Monitoring Stations (SLAMS). (91) The following amendments to the plan were submitted on November 13, 1979, by the Governor's designee. (i) The Sacramento Valley Air Basin Control Strategy (Chapter 13 of the Comprehensive Revisions to the State of California Implementation Plan for the Attainment and Maintenance of Ambient Air Quality Standards): those portions pertaining to the Sacramento Metropolitan Area including the following rules: (A) Placer County APCD (Mountain Counties Air Basin portion) Rules 212, 217, and 218. (B) Sacramento County APCD Rules 6, 11, 12, 16, 19, and 56 (except paragraph (5)(a)(8)). (C) Yolo-Solano County APCD Rules 2.14 and 3.4 [except paragraph (5)(a)(8)]. (ii) The Sacramento Valley Air Basin Control Strategy [Chapter 13 of the Comprehensive Revisions to the State of California Implementation Plan for the Attainment and Maintenance of Ambient Air Quality Standards]: those portions pertaining to Butte, Yuba, and Sutter Counties, including the following rules: (A) Butte County APCD Rules 2.12f and 4–5. (92) Revised regulations for the following APCDs submitted on May 28, 1981, by the Governor's designee. (i) Stanislaus County APCD. (A) New or amended Rule 409.5. (ii) Placer County (Mountain Counties Air Basin portion). (A) New or amended Rules 213, 216, and 223. (B) New or amended Rules 102, 203, 211, 301, 305, 306, 324, 325, 601, and 702. (C) Rule 214. (D) Previously approved and now deleted without replacement Rules 601 and 702. (iii) Lake County APCD. (A) New Rule 216.1. (iv) Great Basin Unified APCD. (A) New or amended Rules 101, 300, 404–A, 423, and 424. (B) Previously approved on April 13, 1982 in paragraph (c)(92)(iv)(A) of this section and now deleted without replacement, Rule 300. (v) San Diego County APCD. (A) New or amended Rules 127, 130, 131, 132, and 134. (B) New or amended Rule 21. (vi) South Coast AQMD. (A) New or amended Rule 1113. (93) Revised regulations for the following APCDs submitted on June 22, 1981, by the Governor's designee. (i) Stanislaus County APCD. (A) New or amended Rule 409.3. (B) New or amended Rule 409.8. (ii)(A) [Reserved] (B) New Rule 28, Section 401. (C) New or amended Regulation 5, Rule 5–401.3. (iii) Plumas County APCD. (A) New or amended Rules 203, 301–319, 512–516, 703, and 710. (B) New or amended Rules 501–511 and 517–521. (C) Previously approved on June 18, 1982 in paragraph (c)(93)(iii)(B) of this section and now deleted without replacement, Rule 509. (D) Previously approved on June 18, 1982 in paragraph (c)(93)(iii)(B) of this section and now deleted without replacement Rules 503, 504, 506, and 518 to 521. (iv) Sierra County APCD. (A) New or amended Rules 203, 301–319, 512–516, 522, 523, 703, and 710. (B) New or amended Rules 501–511 and 517–521. (C) Previously approved on April 23, 1982 and now deleted without replacement Rule 522. (D) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B) of this section and now deleted without replacement, Rule 509. (E) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B) of this section and now deleted without replacement Rules 503, 504, 506, and 518 to 521. (v) Kern County APCD. (A) New or amended Rule 410.6. (vi) El Dorado County APCD (Mountain Counties Air Basin Portion). (A) Rules 318, 319, and 320. (94) Revised regulations for the following APCD's submitted on October 7, 1980, by the Governor's designee. (i) Stanislaus County APCD. (A) New or amended Rule 411.1. (ii) [Reserved] (iii) San Bernardino County APCD. (A) New or amended Rules 701, 704, 705, 707–711, and 712. Previously approved Rule 707, “Plans”, submitted on June 6, 1977 is retained. (95) Revised regulations for the following APCD's submitted on March 23, 1981, by the Governor's designee. (i) Kern County APCD. (A) New or amended Rule 412.1(a). (B) Amended Rule 412.1. (C) New or amended Rules 202, 202.1, and 426. (ii) Ventura County APCD. (A) Amended Rule 26.2. (B) New or amended Rules 21, 29, 30, and 64. (C) Previously approved on June 18, 1982 and now deleted without replacement Rule 21. (iii) Northern Sonoma County APCD. (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, and 320. (iv) South Coast AQMD. (A) Amended Rule 461. (v) Stanislaus County APCD. (A) New Rule 409.7. (B) New or amended Rule 301. (C) Previously approved on June 18, 1982 and now deleted without replacement Rule 301. (vi) Humboldt County APCD. (A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260. (B) Previously approved on June 18, 1982 in paragraph (c)(95)(vi)(A) of this section now deleted without replacement for implementation in the North Coast Unified Air Quality Management District, Rule 250. (96) Revised regulations for the following APCDs submitted on November 3, 1980, by the Governor's designee. (i) South Coast AQMD. (A) New or amended Rule 1113. (ii) Butte County APCD. (A) New or amended Rules 1–8, 1–8.1, 1–10, 1–13, 1–14, 3–1, 3–2, 3–6, 3–11, 3–11.2, 3–11.3, 3–12, 3–12.1, 3–12.2, 3–14, 3–15, 3–16, and 3–16.1. (iii) Glenn County APCD. (A) New or amended Rules 2 (a,i,v, and aa), 3, 11, 11.1, 11.2, 13, 13.1, 14, 14.1, 14.2, 14.3, 15, 16, 19, 21, 21.1, 22, 75, 81, 83, 83.1, 83.2, 96, 110, and 112. (B) Previously approved on January 26, 1982 and now deleted without replacement Rules 110 and 112. (C) Previously approved on January 26, 1982 in paragraph (c)(96)(iii)(A) of this section and now deleted without replacement, Rule 3. (D) Previously approved on January 26, 1982 in paragraph (c)(96)(iii)(A) of this section and now deleted without replacement Rule 96. (iv) Yolo-Solano APCD. (A) New or amended Rules 1.2 (a and g), 6.1 and 6.3. (v) Bay Area AQMD. (A) New Rule 20. (97) Revised regulations for the following APCDs submitted on June 24, 1980, by the Governor's designee. (i) Sacramento County APCD. (A) New or amended Rule 18. (98) Revised regulations for the following APCDs, submitted on January 28, 1981, by the Governor's designee. (i) Sutter County APCD. (A) Amended Rules 3.8, 3.14, and 3.15. (B) New or amended Rules 1.0–1.3, 2.1–2.12, 2.15, 2.16, 3.0–3.7, 3.9, 3.10, 3.12, 3.13, 4.0–4.5, 4.7–4.10, 4.12–4.15, 5.0–5.19, 6.0–6.7, 7.0, 7.1, 7.2, 8.0, 8.1, 8.2, 9.0–9.7, and 9.8. (C) Previously approved and now deleted Rules 2.1 (Control of Emissions), 2.7 (Wet Plumes), 2.15 (Fuel Burning Equipment), 2.20 (Payment of Order Charging Costs), 3.7 (Information), 4.5 (Standards for Granting Applications), 4.6 (Permits, Daily Limits, and 4.8 (Permit Forms). (D) Previously approved on April 12, 1982 and now deleted without replacement Rules 5.0 to 5.17, 5.19, 6.0 to 6.7, and 7.0 to 7.2. (E) Previously approved on April 12, 1982 in paragraph (c)(98)(i)(B) of this section and now deleted without replacement, Rules 8.0 to 8.2 and 9.0 and 9.4. (F) Previously approved on April 12, 1982 in paragraph (c)(98)(i)(B) of this section and now deleted without replacement Rules 4.7, 4.9, 4.10, 5.18, 9.7, and 9.8. (ii) Siskiyou County APCD. (A) New or amended agricultural burning regulations consisting of “General Provisions” and Articles I–VII. (iii) Mendocino County APCD. (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 320, Appendices A, B, and C. (iv) Del Norte County APCD. (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 320, Appendices A, B, and C. (v) Humboldt County APCD. (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 320, Appendices A, B, and C. (vi) Trinity County APCD. (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 320, Appendices A, B, and C. (vii) El Dorado County APCD. (A) New Rule 313. (B) Rules 313, 314, 315, 316, and 317. (viii) Ventura County APCD. (A) New Rule 71.2. (ix) Bay Area AQMD. (A) New or amended Rules 1–112, 1–113, 1–115 and Regulation 9, Rule 9–3–202. (x) South Coast AQMD. (A) New or amended Rule 1115. (xi) San Diego County APCD. (99) Commitments by the Bay Area AQMD, Fresno County APCD, Kern County APCD, Monterey Bay Unified APCD, Sacramento County APCD, San Diego County APCD, Santa Barbara County APCD, South Coast AQMD, and Ventura County APCD to carry out public notification programs as required by section 127 of the Clean Air Act and in accordance with EPA guidance. These commitments were submitted by the Air Resources Board on January 22, 1981. (100) Revised regulations for the following APCDs submitted on October 25, 1979, by the Governor's designee. (i) San Diego County APCD. (A) New or amended Rules 67.3 and 67.5. (101) Revised regulations for the following APCD's submitted on July 30, 1981 by the Governor's designee. (i) Bay Area AQMD. (A) Regulation 8, Rule 1 (Paragraph 202) and Rule 16 (paragraph 110). (B) New or amended Regulation 2, Rule 2–2–114; Regulation 5, Rule 5–401.13; and Manual of Procedures—Volume I to Volume VI. (C) New or amended Regulation 8, Rule 24. (ii) Kern County APCD. (A) New or amended Rules 603, 609, 610, 611, and 613. (B) New or amended Rules 108, 201, 301, 302, and 305. (C) New or amended Rules 414 and 410.3. (D) New or amended Rules 410.7, 412, and 414.4. (E) Previously approved on July 6, 1982 and now deleted without replacement Rule 305 (including Southeast Desert). (F) Previously approved on October 11, 1983 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 414.4. (G) Previously approved on July 6, 1982 in paragraph (c)(101)(ii)(B) of this section and now deleted without replacement, Rules 301 and 302 (including Southeast Desert). (102) Revised rules for the following APCDs submitted on July 14, 1981 by the Governor's designee. (i) San Joaquin County. (A) New Rules 409.5 and 409.6. (ii) Stanislaus County. (A) New Rule 409.6. (B) New or amended Rules 409.7 and 409.8. (iii) Merced County APCD. (A) New or amended Rules 409.6. (iv) South Coast AQMD. (A) New or amended Rule 301. (103) Revised rules for the following APCDs, submitted on October 23, 1981 by the Governor's designee. (i) Kings County. (A) Amended Rule 412.2. (ii) San Diego County APCD. (A) New or amended Rule 67.4 and 67.6. (B) New or amended Rules 42, 64, 101–103, and 109. (C) New Rule 67.8. (D) Previously approved on July 6, 1982 and now deleted without replacement Rule 42. (E) Previously approved on July 6, 1982 in paragraph (c)(103)(ii)(B) of this section and now deleted Rule 109 (now replaced by Rule 101). (iii) Santa Barbara County APCD. (A) Rule 325. (B) New or amended Rules 601–608 and 609. (C) Previously approved and now deleted Rules 609 (Scientific Committee) and 610 (Emergency Action Committee). (iv) Ventura County APCD. (A) Amended Rule 70(E). (B) New or amended Rules 2, 12, 16, 23, 41, 42, and 74.2. (C) New Rule 74.5. (D) Amended Rule 74.9. (E) Previously approved on June 18, 1982 and now deleted without replacement Rule 42. (v) Sacramento County APCD. (A) Amended Rule 20. (B) New or amended Rules 50, 70, and 14. (C) New Rules 4A, 4B, 10 and 51. (vi) Del Norte County APCD. (A) Amended Rules 300 and 310. (B) Previously approved on April 13, 1982 and now deleted without replacement Rules 300 and 310. (vii) Humboldt County APCD. (A) Amended Rules 300 and 310. (B) Previously approved on April 13, 1982 and now deleted without replacement Rules 300 and 310. (viii) Mendocino County APCD. (A) Amended Rules 300 and 310. (B) Previously approved on April 13, 1982 and now deleted without replacement Rules 300 and 310. (ix) Northern Sonoma County APCD. (A) Amended Rules 300 and 310. (B) Previously approved on April 13, 1982 and now deleted without replacement Rules 300 and 310. (x) Trinity County APCD. (A) Amended Rules 300 and 310. (B) Previously approved on April 13, 1982 and now deleted without replacement Rules 300 and 310. (xi) Great Basin Unified APCD. (A) Amended Rule 301. (B) Previously approved on April 13, 1982 in paragraph (c)(103)(xi)(A) of this section and now deleted without replacement, Rule 301. (xii) San Luis Obispo County APCD. (A) New or amended Rules 301, 302, and 411. (B) Previously approved on June 18, 1982 and now deleted without replacement Rule 301. (C) Previously approved on June 18, 1982 and now deleted without replacement Rule 301. (xiii) El Dorado County APCD (Mountain Counties Air Basin). (A) New or amended Rules 301–319, 501, 703, and 710. (B) Previously approved on May 27, 1982 and now deleted without replacement rule 501. (C) Previously approved on May 27, 1982 in paragraph (c)(103)(xiii)(A) of this section and now deleted without replacement, Rules 318 and 319. (D) Previously approved on May 27, 1982 in paragraph (c)(103)(xiii)(A) of this section and now deleted without replacement Rule 710. (xiv) Imperial County APCD. (A) New or amended Rules 101, 301, 302, 305–307. (B) Previously approved on May 27, 1982 and now deleted without replacement Rule 305. (C) Previously approved on May 27, 1982 in paragraph (c)(103)(xiv)(A) of this section and now deleted without replacement, Rules 301, 302, 306, and 307. (xv) Shasta County APCD. (A) Amended Rule 2:11. (xvi) Monterey Bay Unified APCD. (A) Amended Rules 301, 601, and 602. (xvii) Tuolumne County APCD. (A) New or amended Rules 203, 301–319, 501–521, 703, and 710. (B) Previously approved on May 27, 1982 and now deleted without replacement Rule 516. (C) Previously approved on May 27, 1982 in paragraph (c)(103)(xvii)(A) of this section and now deleted without replacement, Rule 509. (D) Previously approved on May 27, 1982 in paragraph (c)(103)(xvii)(A) of this section and now deleted without replacement Rules 503, 504, 506, and 518 to 521. (xviii) South Coast AQMD. (A) New or amended Rules 504.1, 218, 219, 220, 409, and 502. (B) Previously approved on July 6, 1982 and now deleted without replacement Rule 504.1. (104) Revised regulations for the following APCD's submitted on November 5, 1981 by the Governor's designee. (i) Bay Area AQMD. (A) Regulation 2, Rule 1: 2–1–101, 2–1–102, 2–1–111, 2–1–112, 2–1–201 to 2–1–205, 2–1–301 to 2–1–306, 2–1–401 to 2–1–410, and 2–1–420 to 2–1–423; Rule 2: 2–2–101 to 2–2–114, 2–2–201 to 2–2–208, 2–2–301 to 2–2–306, 2–2–310, and 2–2–401 to 2–2–410. (ii) South Coast AQMD. (A) New or amended Rule 444. (iii) Fresno County APCD. (A) New or amended Rule 409.6. (105) Schedule to study Nontraditional Total Suspended Particulate Sources and commitment to implement control measures necessary to provide for attainment, submitted on November 18, 1981 by the Governor's designee. (106) The Southeast Desert Air Basin Control Strategy for ozone (Chapter 19 of the Comprehensive Revisions to the State of California Implementation Plan for the Attainment and Maintenance of the Ambient Air Quality Standards) was submitted by the Governor's designee on February 15, 1980. The portions of the Southeast Desert Air Basin Control Strategy identified in Table 19–1 (Summary of Plan Compliance with Clean Air Act Requirements), except those which pertain to Imperial County, comprise the plan. The remaining portions are for informational purposes only. (107) On August 11, 1980, the Governor's designee submitted a revision to the State Implementation Plan which adds the Southeast Desert Air Basin portion of Riverside County into the South Coast Air Quality Management District. (108) On November 28, 1980, the Governor's designee submitted a revision to the State Implementation Plan which deletes Rule 67, for the San Bernardino County APCD as applied to new sources. (109) Three items submitted for Fresno County and the Sacramento Metropolitan Area by the Governor's designee on October 9, 1980: (i) Air Quality Planning Addendum-Council of Fresno County Governments 1979–84 Overall Work Program. (ii) Emission Inventory, 1976 for the Sacramento Metropolitan Area. (iii) Air Quality Plan Technical Appendix, January 1979 for the Sacramento Metropolitan Area. (110) Five items submitted for Ventura County by the Governor's designee on April 1, 1980: (i) Appendix B–81, Empirical Kinetic Modeling Approach: Ozone Formation, Transport, and Concentration Relationships in Ventura County; Update of Emission Reduction Required for Attainment of Ozone NAAQS. (ii) Letter: Jan Bush to Mike Redemer, January 23, 1981. (iii) Letter and enclosures: Janet Lyders to Mike Scheible, February 6, 1981. (iv) Letter and enclosures: Jan Bush to William Lockett, December 15, 1980. (v) Letter and enclosures: Jan Bush to William Lockett, October 23, 1980. (111) Four items submitted for Ventura County by the Governor's designee on July 16, 1981: (i) Attachment V—Transportation Control Measures. (ii) Ventura Air Quality Management Plan, Appendix O, Plan for Attainment of Standards for Total Suspended Particulates In Ventura County: Interim Report, July, 1980. (iii) Attachment IV—Population Forecasts. (iv) Attachment VI—Implementation of Emission Reductions Required for Attainment of TSP Standards. (112) Plan for Attainment of the Federal Secondary Total Suspended Particulate Standard in Santa Clara County, an addendum to the San Francisco Bay Area Air Basin Control Strategy (Chapter 15) submitted on March 16, 1981, by the Governor's designee. (113) Supplemental material for the San Diego Nonattainment Area Plan submitted on July 13, 1981, by the Governor's designee. (114) Supplemental material for the San Diego Nonattainment Area Plan submitted on August 31, 1981, by the Governor's designee. (115) Supplemental material for the San Diego Nonattainment Area Plan submitted on December 8, 1981, by the Governor's designee. (116) Supplemental material for the South Coast Nonattainment Area Plan submitted on July 24, 1981, by the Governor's designee. (117) Supplemental material for the South Coast Nonattainment Area Plan submitted on December 24, 1981, by the Governor's designee. (118) Supplemental material for the South Coast Nonattainment Area Plan submitted on February 18, 1982, by the Governor's designee. (119) Revised regulations for the following APCDs submitted on April 17, 1980, by the Governor's designee. (i) El Dorado County APCD (Mountain Counties Air Basin). (A) New or amended Rules 502–520. (B) Rule 102. (C) Previously approved on May 27, 1982 and now deleted without replacement Rules 502 to 508, 510 to 513, 515, 517 to 519, and 521. (D) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A) of this section and now deleted without replacement, Rule 509. (E) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A) of this section and now deleted without replacement Rule 520. (ii) Mendocino County APCD. (A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260. (B) Previously approved on June 18, 1982 in paragraph (c)(119)(ii)(A) of this section and now deleted without replacement Rule 250. (120) The Mountain Counties Air Basin Control Strategy for ozone (Chapter 9 of the “Comprehensive Revisions to the State of California Implementation Plan for the Attainment and Maintenance of the Ambient Air Quality Standards” was submitted by the Governor's designee on April 3, 1981. The submittal also included revised regulations for the following APCD's. (i) El Dorado County APCD (Mountain Counties Air Basin portion). (A) Rules 401, 402, 403, 404, 405, 406, 407, 410, 411, 415, 416, 418, 419, 420, 421, 422, 423, 424, and 425. (B) Previously approved on July 7, 1982 and now deleted without replacement Rules 401 to 407, 410 to 411, 415 to 416, and 418 to 424. (C) Previously approved on July 7, 1982 in paragraph (c)(120)(i)(A) of this section and now deleted without replacement Rule 425. (121) Revised regulations for the following APCDs submitted on March 1, 1982 by the Governor's designee. (i) South Coast AQMD. (A) New or amended Rule 474. (B) Amended Rules 107, 1107, 1108.1, 1125 and 1126. (C) Amended Rule 1110. (D) Previously approved on October 11, 1983 and now deleted without replacement Rule 107. (ii) San Diego County APCD. (A) New or amended Rules 62 and 53. (B) Amended Rule 67.6(e). (C) Amended Rule 17, adopted on November 25, 1981. (iii) Lake County APCD. (A) New or amended Rule 655. (iv) Bay Area AQMD. (A) Amended Regulation 8, Rules 2–112 and 5–313.4. (v) Ventura County APCD. (A) Amended Rule 74.6. (122) [Reserved] (123) Supplemental material for the Kern County Nonattainment Area Plan submitted on March 4, 1982, by the Governor's designee. (124) Revised regulations for the following APCDs submitted on August 6, 1982, by the Governor's designee. (i) Bay Area AQMD. (A) New or amended Regulation 1: Rules 1–100, 1–112, 1–205, 1–233, 1–234, 1–235, 1–520, 1–522, 1–530, 1–540, 1–543, 1–544, and 1–602; Regulations 4: Rule 4–303; Regulation 5: Rules 5–208 and 5–402; and deletion of Regulation 6: Rule 6–132. (B) [Reserved] (C) Amended Regulation 8, Rules 2, 4, 5, 8 and 10. (D) New or amended Regulation 2: Rules 2–1–207, 2–1–208, 2–1–301, 2–1–304, and 2–1–307. (E) Amended Regulation 8, Rule 23. (ii) Lake County APCD. (A) New or amended Rules 630, 631, 660.1, 660.2, and 660.3. (B) Previously approved on November 10, 1982 in paragraph (c)(124)(ii)(A) of this section and now deleted without replacement, Rules 660.1, 660.2, and 660.3. (C) Previously approved on November 10, 1982 in paragraph (c)(124)(ii)(A) of this section and now deleted without replacement Rules 631 and 660.1 to 660.3. (iii) San Joaquin County APCD. (A) New or amended Rules 203, 415, 503, and 521. (B) Previously approved on November 10, 1982 and now deleted without replacement Rules 503 and 521. (iv) South Coast AQMD. (A) New or amended Rule 407. (B) Amended Rule 1107. (C) [Reserved] (v) Stanislaus County APCD. (A) New or amended Rules 203 and 503. (B) New or amended Rules 409.4 and 409.8. (C) Previously approved on November 10, 1982 and now deleted without replacement Rule 503. (vi) Del Norte County APCD. (A) New or amended Rules 616, 618, and 620. (B) New or amended Rule 230, adopted December 14, 1981. (C) Previously approved on November 10, 1982 and now deleted without replacement Rules 616 and 618. (vii) Humboldt County APCD. (A) New or amended Rules 616, 618, and 620. (B) New or amended Rule 230, adopted December 8, 1981. (C) Previously approved on November 10, 1982 and now deleted without replacement Rules 616 and 618. (D) Previously approved on November 10, 1982 in paragraph (c)(124)(vii)(A) of this section and now deleted without replacement Rule 620. (viii) Mendocino County APCD. (A) New or amended Rules 610, 616, 618, and 620. (B) New or amended Rules 130 (introductory text, b1, m1, p5, and s2), and 230, adopted January 5, 1982. (C) Previously approved on November 10, 1982 and now deleted without replacement Rules 616 and 618. (ix) Northern Sonoma County APCD. (A) New or amended Rules 616, 618, and 620. (B) New or amended Rules 130 (introductory text, b1, n1, p5, and s2), 220(c), 230, and 260, adopted February 23, 1982 and rule 200, adopted June 15, 1982. (C) Previously approved on November 10, 1982 and now deleted without replacement Rules 616 and 618. (x) Trinity County APCD. (A) New or amended Rules 616, 618, and 620. (B) New or amended Rule 230, adopted December 7, 1981. (C) Previously approved on November 10, 1982 and now deleted without replacement Rules 616 and 618. (xi) Kern County APCD. (A) New or amended Rule 411. (xii) Butte County APCD. (A) New or amended Rules 4–6 and 4–6A. (B) Previously approved on June 1, 1983 in paragraph (xii)(A) of this section and now deleted Rules 4–6 and 4–6A. (125) Revised Regulations for the following APCDs submitted on May 20, 1982 by the Governor's designee. (i) San Diego County APCD. (A) New or amended Rule 40. (ii) South Coast AQMD. (A) New or amended Rule 431.1. (B) New or amended Rules 303 and 304. (C) [Reserved] (D) Amended Rules 442, 467 and 1128. (iii) Monterey Bay Unified APCD. (A) New or amended Rule 422. (B) New Rule 428. (iv) Shasta County APCD. (A) New or amended Rules 2:6, 2:7, 2:8, 2:9, 2:11 and 4:4. (B) Previously approved on November 10, 1982 and now deleted without replacement Rule 4.4. (C) Previously approved on November 10, 1982 in paragraph (c)(125)(iv)(A) of this section and now deleted without replacement, Rule 2:11. (v) Tulare County APCD. (A) New or amended Rules 104 and 405. (B) Amended Rule 410.1. (C) Previously approved on November 10, 1982 in paragraph (c)(125)(v)(A) of this section and now deleted without replacement, Rule 104. (vi) Yolo-Solano APCD. (A) New or amended Rules 4.1 and 4.2. (B) Previously approved on November 10, 1982 and now deleted without replacement Rules 4.1 and 4.2. (vii) Yuba County APCD. (A) New or amended Rule 9.6. (viii) Bay Area AQMD. (A) Manual of Procedures: Volumes I, V and VI. (B) Amended Regulation 8, Rules 7, 14, 18 and 19. (ix) San Joaquin County APCD. (A) Amended Rule 412. (126) Revised regulations for the following APCDs submitted on November 8, 1982 by the Governor's designee. (i) Sacramento County APCD. (A) New or amended Rules 59 and 70. (B) Amended Rules 16 and 19. (C) Previously approved on June 1, 1983 and now deleted without replacement Rule 70. (ii) Santa Barbara County APCD. (A) New or amended Rule 210D. (B) Previously approved on June 1, 1983 in paragraph (c)(126)(ii)(A) of this section and now deleted without replacement, Rule 210D. (iii) Stanislaus County APCD. (A) New or amended Rules 110, 202, and 302. (B) Amended Rules 409.8, 411 and 411.1(G). (C) Previously approved on June 18, 1982 and now deleted without replacement Rule 302. (iv) South Coast AQMD. (A) New or amended Rules 708.3 and 1105. (v) Tulare County APCD. (A) New or amended Rule 519. (B) Amended Rules 410.3 and 410.4. (C) Previously approved on June 1, 1983 and now deleted without replacement Rule 519. (vi) Yolo-Solano County APCD. (A) New or amended Rule 6.1. (B) Amended Rule 2.22. (127) New and amended regulations for the following APCD's submitted on February 3, 1983 by the Governor's designee. (i) Bay Area Air Quality Management District. (A) [Reserved] (B) Amended Regulation 3: Rules 3–102, 3–302, 3–302.1, 3–303, and Schedule A. (C) Amended Rules 13 and 29. (D) New or amended Regulation 2: Rules 2–2–113.2, 2–2–115, 2–2–209, 2–2–210, 2–2–211, 2–2–303.2, 2–2–304.1, 2–2–304.2, and 2–2–404; and Regulation 3: Rule 3–312. (ii) Fresno County APCD. (A) Amended Rules 406 and 408. (B) Amended Rule 409.1. (iii) North Coast Unified AQMD. (A) New Rule 350. (B) Previously approved on November 18, 1983 and now deleted without replacement Rule 350. (iv) Imperial County APCD. (A) Amended Rule 409. (B) Amended Rule 424. (v) Monterey Bay Unified APCD. (A) New or amended Rule 601. (B) Amended Rule 301, submitted on February 3, 1983. (C) Previously approved on August 9, 1985 in paragraph (c)(127)(v)(B) of this section and now deleted without replacement, Rule 301. (vi) San Luis Obispo County APCD. (A) Amended Rule 302. (B) Previously approved on November 18, 1983 and now deleted without replacement Rule 302. (vii) South Coast AQMD. (A) New or amended Rules 301.1, 302, 303, and Resolutions 82–23 and 82.35. (B) New or amended Rules 461, 1102, and 1102.1. (C) New or amended Rules 301, 304, 401(b) and 1148. (D) Previously approved on November 18, 1983 and now deleted without replacement Rule 303. (E) Previously approved on October 19, 1984 and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rule 1148. (F) Previously approved on November 18, 1983 in paragraph (c)(127)(vii)(A) of this section and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District and the South Coast Air Quality Management District, Rule 302. (G) Previously approved on October 19, 1984 in paragraph (c)(127)(vii)(C) of this section and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District and the South Coast Air Quality Management District, Rule 304. (H) Previously approved on October 19, 1984 in paragraph (c)(127)(vii)(C) of this section and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District and the Mojave Desert Air Quality Management District (Riverside County), Rule 304. (I) Previously approved on November 18, 1983 in paragraph (c)(127)(vii)(A) of this section and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District and the Mojave Desert Air Quality Management District, Rules 302 and 303. (viii) Ventura County APCD. (A) New or amended Rule 41. (B) Amended Rule 74.2. (128) The 1982 Ozone Air Quality Plan for the Monterey Bay Region was submitted on December 31, 1982 and January 14, 1983 by the Governor's designee. (129) The 1982 Ozone Air Quality Plan for Stanislaus County and the 1982 Ozone and CO plan for San Joaquin County were submitted on December 1, 1982 by the Governor's designee. (130) The 1982 Ozone Air Quality Plan for Santa Barbara County was submitted on December 31, 1982 by the Governor's designee. (131) [Reserved] (132) Revised regulations for the following APCDs submitted on June 28, 1982, by the Governor's designee. (i) Kern County APCD. (A) Amended Rule 425. (B) Previously approved on May 3, 1984 and now deleted without replacement, Rule 425. (133) The enabling legislation, Chapter 892, Statutes of 1982, (Senate Bill No. 33) for a California motor vehicle inspection and maintenance program and the California Air Resources Board's Executive Order G–125–15 submitted on September 17, 1982 by the Governor's designee. (134) A schedule to implement the California motor vehicle inspection and maintenance (I/M) program, the California Air Resources Board's Executive Order G–125–33, and local resolutions and requests from the Bay Area Air Quality Management District, Sacramento County APCD, Placer County APCD, Yolo-Solano APCD, San Diego County APCD, South Coast Air Quality Management District and Ventura County APCD to have the State implement the I/M program, submitted on July 26, 1983 by the Governor's designee. (135) The 1982 Ozone and CO Air Quality Plan for the San Francisco Bay Air Basin was submitted on February 4, 1983 by the Governor's designee. (136) The 1982 Ozone and CO Air Quality Plan for the San Diego Air Basin was submitted on February 28 and August 12, 1983 by the Governor's designee. (137) Revised regulations for the following APCDs was submitted on July 19, 1983 by the Governor's designee. (i) Kern County APCD. (A) New or amended Rules 301.1 and 302. (B) Amended Rule 410.1 (C) Previously approved on February 1, 1984 in paragraph (c)(137)(i)(A) of this section and now deleted without replacement, Rules 301.1 and 302 (including Southeast Desert). (ii) Merced County APCD. (A) New or amended Rules 104, 108, 113, 202, 209.1, 301, 305, 407 and 519. (B) Amended Rule 409.1. (C) New or amended Rules 409.4, 409.5, 411 and 411.1. (D) Previously approved on February 1, 1984 and now deleted without replacement Rules 305 and 319. (E) Previously approved on February 1, 1984 in paragraph (c)(137)(ii)(A) of this section and now deleted without replacement, Rules 104, 113, and 301 (paragraphs a, b, and h). (iii) Sacramento County APCD. (A) New or amended Rule 7. (B) Amended Rule 17. (iv) San Diego County APCD. (A) New or amended Rules 10 and 40. (B) Amended Rules 67.3, 67.4 and 67.6. (C) Previously approved on February 1, 1984 and now deleted without replacement Rule 40. (v) San Luis Obispo County APCD. (A) New or amended Rule 212. (vi) Shasta County APCD. (A) New or amended Rules 2.18, 3.4, and 3.15. (B) Amended Rules 3.3(b), 3.4(d) and 3.15(c). (C) Previously approved on February 1, 1984 in paragraph (c)(137)(vi)(A) of this section and now deleted without replacement Rule 2.18. (vii) South Coast AQMD. (A) New or amended Rules 502, 1207 and deletion of 301.1. (B) New or amended Rules 301, 301.1, 301.2 and 431.1. (C) Previously approved on February 1, 1984 and now deleted without replacement Rule 502. (D) Previously approved on February 1, 1984 and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rule 1207. (E) Previously approved on October 19, 1984 in paragraph (c)(137)(vii)(B) of this section and now deleted without replacement Rules 301, 301.1, and 301.2. (F) Previously approved on October 19, 1984 in paragraph (c)(137)(vii)(B) of this section and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District, Rules 301 to 301.2. (G) Previously approved on February 1, 1984 in paragraph (c)(137)(vii)(A) of this section and now deleted without replacement for implementation in the Mojave Desert Air Quality Management District (Riverside County) Rule 1207. (H) Previously approved on February 1, 1984 in paragraph (c)(137)(vii)(A) of this section and now deleted without replacement for implementation in the South Coast Air Quality Management District Rule 1207. (viii) Ventura County APCD. (A) Amended Rule 41. (B) Previously approved on February 1, 1984 and now deleted without replacement Rule 41. (ix) Monterey Bay Unified APCD. (A) Amended Rule 426. (x) Placer County APCD (Mountain Counties Air Basin portion). (A) Amended Rule 218. (xi) Fresno County APCD. (A) Amended Rule 409.4. (138) Revised regulations for the following APCDs was submitted on April 11, 1983 by the Governor's designee. (i) Butte County APCD. (A) Amended Rules 1–36, 4–2, 4–3, 4–11, and 5–3. (B) Previously approved on November 18, 1983 in paragraph (i)(A) of this section and now deleted without replacement Rules 4–3 and Rule 4–11. (C) Previously approved on November 18, 1983 in paragraph (c)(138)(i)(A) of this section and now deleted without replacement, Rules 4–2, 4–11, and 5–3. (ii) El Dorado County APCD. (A) New or amended Rules 203, 206, 207, 209–212, 221–226, 521, 609–612 and 700–703. (B) Amended Rules 214–220. (C) New Rule 213. (D) Previously approved on November 18, 1983 and now deleted without replacement Rule 521. (E) Previously approved on November 18, 1983 in paragraph (c)(138)(ii)(A) of this section and now deleted without replacement, Rules 609 to 612 (Mountain Counties Air Basin). (F) Previously approved on November 18, 1983 in paragraph (c)(138)(ii)(A) of this section and now deleted without replacement Rules 700, 702, and 703 (Mountain Counties Air Basin). (iii) Fresno County APCD. (A) New or amended Rule 301. (B) Previously approved on November 18, 1983 in paragraph (c)(138)(iii)(A) of this section and now deleted without replacement, Rule 301. (iv) Lake County APCD. (A) New or amended Rules 900 and 902. (B) Previously approved on November 18, 1983 in paragraph (c)(138)(iv)(A) of this section and now deleted without replacement, Rules 900 and 902. (v) Madera County APCD. (A) New or amended Rules 103–117, 301–305, 401–405, 421–425, 501–503, 519, 606, 610 and 611. (B) Amended Rules 409, 410, and 417–419. (C) New or amended Rules 406, 407, 408, 411 and 420. (D) Previously approved on November 18, 1983 and now deleted without replacement Rules 305 and 502 to 503. (E) Previously approved on November 18, 1983 in paragraph (c)(138)(v)(A) of this section and now deleted without replacement, Rules 105, 108, 111, and 301 to 304. (vi) Monterey Bay Unified APCD. (A) New or amended Rules 200, 201(p), 501, 503, 506, 507 and 508. (B) Amended Rule 425. (vii) Ventura County APCD. (A) New or amended Rule 59c. (viii) Kern County APCD. (A) Amended Rule 414.1. (ix) Kings County APCD. (A) Amended Rule 410.1. (139) Amendments to “Chapter 27—California Lead Control Strategy” was submitted on April 8, 1983 by the Governor's designee. (140) Revised regulations for the following APCDs were submitted on August 30, 1983 by the Governor's designee. (i) Bay Area AQMD. (A) Amended Regulation 3: Rules 3–100 through 3–103, 3–200 through 3–211, 3–300 through 3–313 and 3–400 through 3–409. (B) New Regulation 8, Rule 30. (C) Previously approved on May 3, 1984 and now deleted without replacement Rule 3–301. (D) Previously approved on May 3, 1984 in paragraph (c)(140)(i)(A) of this section and now deleted without replacement, Regulation 3: Rules 3–100 through 3–103, 3–200 through 3–211, 3–300, 3–302 through 3–313, and 3–400 through 3–409. (ii) Kern County APCD. (A) New or amended Rules 405, 408, 409, and 424. (B) Previously approved on May 3, 1994 and now deleted without replacement for implementation in the Southeast Desert Air Basin, Rule 408. (C) Previously approved on May 3, 1984 and now deleted without replacement for implementation in the Southeast Desert Air Basin Rule 424. (iii) Stanislaus County APCD. (A) New or amended Rules 109 and 213. (B) Amended Rule 409.1. (C) Previously approved on May 3, 1984 in paragraph (c)(140)(iii)(A) of this section and now deleted without replacement, Rule 109. (iv) Yolo-Solano APCD. (A) Amended Rule 2.13(1). (141) The 1982 CO Air Quality Plan for the Lake Tahoe Air Basin was submitted on December 20, 1982 by the Governor's designee. (142) The 1982 ozone and CO Air Quality Plan for the Sacramento nonattainment area submitted on January 10, 1984 by the Governor's designee, except for the attainment and RFP demonstration portions of the ozone plan. (143) Revisions to the 1982 ozone and CO Air Quality Plan for the Sacramento nonattainment area submitted on February 10, 1984. (144) The 1982 Ozone and CO Air Quality Management Plan for the South Coast Air Basin submitted on December 31, 1982 and subsequently amended on February 15, and June 28, 1984 by the Governor's designee, except for: (i) The attainment and RFP demonstration portions of the plan. (ii) The emission reduction credit for the New Source Review control measure. (145) The 1982 Ozone Air Quality Management Plan for Ventura County submitted on December 31, 1982 by the Governor's designee except for the attainment and RFP demonstration portions of the plan. (146) The 1982 Ozone and CO Clean Air Plan for the Fresno nonattainment area submitted on December 1, 1982 by the Governor's designee, except for the attainment and RFP demonstration portions of the plans. (147) [Reserved] (148) Revised regulations for the following APCDs were submitted on October 27, 1983 by the Governor's designee. (i) Bay Area AQMD. (A) New or amended Regulations 6–303.4, 9–1–100, 9–1–101, 9–1–110, 9–1–200 through 9–1–205, 9–1–300 through 9–1–312, 9–1–400 through 9–1–404, 9–1–500 through 9–1–503, 9–1–600 through 9–1–605 and 5–401.13. (B) Amended Regulation 8, Rules 3, 9, 10, 20, 22, 25 and 28. (ii) El Dorado County APCD. (A) New or amended Rules 102, 226, 227, and 228. (B) New Rules 224 and 225. (C) Previously approved on May 3, 1984 in paragraph (c)(148)(ii)(A) of this section and now deleted without replacement, Rule 226. (iii) Monterey Bay Unified APCD. (A) New or amended Rules 407, 410, and 411. (B) Previously approved on May 3, 1984 in (c)(148)(iii)(A) of this section and now deleted without replacement Rule 407. (iv) San Diego County APCD. (A) New or amended Rule 68. (B) New Rule 67.9. (v) Shasta County APCD. (A) New or amended Rule 2.6. (vi) South Coast AQMD. (A) New or amended Rules 1105 and 1111. (B) New or amended Rules 1113, 1122, 1136, 1141 and 1145. (vii) Ventura County APCD. (A) New or amended Rule 30. (viii) Madera County APCD. (A) Amended Rule 416. (149) Revised regulations for the following APCD's submitted on January 20, 1983 by the Governor's designee. (i) California State. (A) New or amended California statewide regulations: Test Procedures for Determining the Efficiency of Gasoline Vapor Recovery Systems at Service Stations; Certification and Test Procedures for Vapor Recovery Systems of Gasoline Delivery Tanks; Test Procedure for Gasoline Vapor Leak Detection Using Combustible Gas Detector. (150) Revised regulations for the following APCD's submitted August 2, 1983, by the Governor's designee. (i) Kings County APCD. (A) New Rule 414.4. (ii) Yuba County APCD. (A) Amended Rule 3.9. (151) [Reserved] (152) Amendments to “Chapter 27—California Lead Control Strategy” were submitted on February 22, 1984 by the Governor's designee. (153) Revised regulations for the following APCD's were submitted on March 14, 1984 by the Governor's designee. (i) Lake County APCD. (A) New or amended Rule 602. (ii) North Coast Unified AQMD. (A) New or amended Rules 100, 120, 130 [Paragraphs (d1) and (s5)], 160 (except (a) and non-criteria pollutants), 240, 500, 520, 600, 610 and Appendix B (except (D)(1)(e)). (B) New or amended Rules, 130, 130 (b1, m2, n1, p5, s2), 200 (a), (b), (c)(1–2), and (d), 220(c), and 260. (C) Previously approved on December 5, 1984 and now deleted without replacement Rules 600 and 610. (D) Previously approved on December 5, 1984 in paragraph (c)(153)(ii)(A) of this section and now deleted without replacement, Rules 500 and 520. (iii) San Diego APCD. (A) New or amended Rules 2, 52 and 53. (B) Amended Rules 67.0 and 67.1 (deletion). (iv) San Joaquin APCD. (A) New or amended Rules 110, 202 and 407. (B) Amended Rules 409.1 and 409.4. (v) Bay Area AQMD. (A) New Regulation 8, Rules 31 and 32. (vi) Kern County APCD. (A) Amended Rule 410.1. (vii) South Coast AQMD. (A) New or amended Rules 1108.1 and 1141.1. (B) New Rule 1158, adopted 12–2–83. (viii) Ventura County APCD. (A) Amended Rule 74.2 (154) Revised regulations for the following APCD's were submitted on April 19, 1984 by the Governor's designee. (i) Mendocino County APCD. (A) New or amended Regulation 1: Rules 100, 120, 130 [Paragraphs (d1) and (s5)], 160 (except (a) and non-criteria pollutants), 240, 500, 520, 600, 610 and Appendix B (except (D)(1)(e)) and Regulation 2: Rules 101, 102, 200, 301, 302, 303, 304, 305, 401, 501, and 502. (B) New or amended Rules, 130, 200, 220(a)(1&3), (b)(1, 2, 5, and 7), (c), and 260. (C) Previously approved on December 5, 1984 and now deleted without replacement Rules 600 and 610. (D) Previously approved on December 5, 1984 in paragraph (c)(154)(i)(A) of this section and now deleted without replacement, Rules 500, 520, and Regulation 2: Rule 502.1. (ii) Monterey Bay Unified APCD. (A) New or amended Rules 101, 200, 203 and 422. (B) Amended Rule 426. (iii) Sacramento County APCD. (A) New or amended Rules 101, 102, 103, 403–410, 420, 501, 601, 602 and 701. (B) Amended Rules 441, 442, 444–446 and 448–455. (C) Previously approved on December 5, 1984 and now deleted without replacement Rules 601 and 602. (iv) San Luis Obispo County APCD. (A) New or amended Rule 105. (v) Shasta County APCD. (A) New or amended Rules 1:2, 2:2 (repealed), 2:3 (repealed), 2:6 2:26 (repealed), 2:27 (repealed), and 3:2. (B) Amended Rule 3:4, adopted on January 3, 1984. (vi) Bay Area AQMD. (A) New or amended Regulation 8, Rules 6, 7, 29 and 33. (B) Amended Regulation 9, Rule 4 adopted December 7, 1983. (vii) South Coast AQMD. (A) Amended Rule 1124. (B) [Reserved] (155) Revised regulations for the following APCD's submitted July 10, 1984, by the Governor's designee. (i) Bay Area AQMD. (A) New or amended Regulation 8, Rules 11, 34 and 35. (ii) El Dorado County APCD. (A) New or amended Rules 215, 216 (deletion), 216 and 217 (deletion). (B) New or amended Rule 217. (iii) Madera County APCD. (A) New or amended Rules 409 and 410. (B) New or amended Rules 203 and 404. (iv) South Coast AQMD. (A) Amended Rule 1113. (B) New or amended Rules 401 and 1305. (v) North Coast Unified AQMD. (A) New or amended Regulation 2. (B) New or amended Rules 130 (b2, m1, p3, and s7), Chapter II, 200 (c)(3–6) and 220 (a) and (b). (C) Previously approved on January 29, 1985 in paragraph (c)(155)(v)(A) of this section and now deleted without replacement, Regulation 2: Rule 502. (D) Previously approved on January 29, 1985 in paragraph (c)(155)(v)(A) of this section and now deleted without replacement Regulation 2, Rule 2–502. (vi) Shasta County APCD. (A) Amended Rule 1:2. (156) Revised regulations for the following APCD's were submitted on October 19, 1984 by the Governor's designee. (i) Bay Area AQMD. (A) New or amended Rules 2–1 and 8–36. (ii) Merced County APCD. (A) New or amended Rules 112, 409.1, and 409.4. (B) Previously approved on January 29, 1985 in paragraph (c)(156)(ii)(A) of this section and now deleted without replacement, Rule 112. (iii) North Coast Unified AQMD. (A) New or amended Rules 160 and 460. (B) Amended Rules 130(c, 1) and 240(e). (iv) San Diego County APCD. (A) New or amended Rules 61.0, 61.2, 61.8, and 67.3. (v) Yolo-Solano APCD. (A) New or amended Rule 2.21. (vi) Northern Sonoma County APCD. (A) New or amended Rules 130 (b2, m1, p3, p3a, and s7), Chapter II, 220(B). (vii) South Coast AQMD. (A) New or amended Rule 463, adopted 6–1–84 and 1141.2, adopted 7–6–84. (B) Previously approved on January 15, 1987 in paragraph (c)(156)(vii)(A) of this section and now deleted without replacement for implementation in the Antelope Valley Air Quality Management District Rule 1141.2. (157) [Reserved] (158) Revised regulations for the following Districts were submitted on December 3, 1984 by the Governor's designee. (i) Mendocino County APCD. (A) New or amended Rules 1–160, 1–240, 1–460 and 2–502.2. (B) New or amended Rules 130 (b2, m1, p3, s7), Chapter II, 220 (a)(2) and (b)(3, 4, 6, 8 and 9). (C) Previously approved on May 9, 1985 in paragraph (c)(158)(i)(A) of this section and now deleted without replacement, Rule 2–502.2. (159) Revised regulations for the following APCD's were submitted on February 6, 1985 by the Governor's designee. (i) Sacramento County APCD. (A) Amended Rule 202 (except for a) sections 104 and 105 as they apply to volatile organic compounds and nitrogen oxides, b) sections 109 and 229, and c) the portion of section 405 which concerns stack heights [under NSR]). (ii) Fresno County APCD. (A) New or amended Rules 409.7 and 413.1, adopted on October 2, 1984. (iii) Monterey Bay Unified APCD. (A) New or amended Rules 100 to 106, 200 to 206, 208 to 214, 400, 401, 405, 406, 408 to 415, 417 to 422, 425 to 428, 500 to 506, 600 to 617, 700 to 713, 800 to 816, and 900 to 904, adopted on December 13, 1984. (B) Previously approved on July 13, 1987 and now deleted without replacement Rules 600 to 617 and 800 to 816. (C) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this section and now deleted without replacement Rules 405 and 406. (D) Previously approved on July 13, 1987 in paragraph (c)(159)(iii)(A) of this section and now deleted without replacement, Rule 104. (E) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this section and now deleted without replacement, Rule 209. (F) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this section and now deleted without replacement Rules 409, 410, 411, and 422. (G) Previously approved on July 13, 1987 in paragraph (c)(159)(iii)(A) of this section and now deleted without replacement Rules 203, 210, and 211. (iv) Sacramento County APCD. (A) New or amended Rules 201 (sections 100–400), 404 (sections 100–300), and 443 (sections 100–400), adopted on November 20, 1984. (B) Amended Rule 447 adopted November 20, 1984. (v) South Coast AQMD. (A) New or amended Rules 1104 and 1125, adopted on December 7, 1984. (B) Amended Rule 1141, adopted on November 2, 1984. (C) Amended Rule 1105 adopted September 21, 1984. (D) New Rule 1117 adopted January 6, 1984. (E) Previously approved on July 12, 1990 and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rules 1105 and 1117. (vi) Stanislaus County APCD. (A) New or amended Rules 202(O), 411, and 416.1, adopted on September 18, 1984. (vii) Yolo-Solano County APCD. (A) Amended Rule 2.21.a.7. (a) and (b) adopted November 21, 1984. (160) Revised regulations for the following APCD's were submitted on April 12, 1985, by the Governor's designee. (i) Incorporation by reference. (A) Bay Area AQMD. (1) Revisions to Regulation 8, Rule 33, adopted on January 9, 1985. (B) San Luis Obispo County APCD. (1) New or amended Rules 201, 205, 405, and 406, adopted on November 13, 1984. (C) Shasta County APCD. (1) Amended Rule 2:1.514, adopted on May 29, 1984. (D) San Diego County APCD. (1) New Rule 67.10 adopted January 30, 1985. (E) South Coast AQMD. (1) Amended Rule 1108 adopted February 1, 1985. (161) Revisions to the ozone and carbon monoxide nonattainment area plans for the Fresno County portion of the San Joaquin Valley Air Basin were submitted by the Governor on June 11, 1984. (i) Incorporation by reference. (A) State of California Air Resources Board Executive Order G–125–46 adopted May 11, 1984. (B) Letters from the County of Fresno to the Bureau of Automotive Repair dated March 14, 1984 and February 14, 1984 requesting implementation of an I/M program in Fresno County. (C) County of Fresno Resolution File Number 18–13 adopted February 14, 1984. (D) Schedule to implement I/M in Fresno County, adopted on February 14, 1984. (ii) Additional information. The State submitted no additional information. (162) Revised regulations for the following APCD were submitted on June 21, 1985 by the Governor's designee. (i) Northern Sonoma County APCD. (A) Amended Rule 220 (a). (163) Rule 1304(e), Resource Conservation and Energy Projects, adopted on March 7, 1980, submitted on April 3, 1980 (See §52.220(c)(68)(i)), and conditionally approved on January 21, 1981 [See §52.232(a)(3)(i)(A)] is disapproved but only with respect to projects whose application for a permit is complete after January 1, 1986. (164) Revised regulations for the following APCD's were submitted on October 16, 1985 by the Governor's designee. (i) Incorporation by reference. (A) Amador County APCD. (1) New or amended Rules 301–319 and 501, adopted 6/16/81; and Rules 502–514 and 517–521, adopted 1/8/80. (2) Previously approved on April 17, 1987 in paragraph (c)(164)(i)(A)(1) of this section and now deleted without replacement, Rules 318, 319, and 509. (3) Previously approved on April 17, 1987 in paragraph (c)(164)(i)(A)(1) of this section and now deleted without replacement Rules 504, 506, 519, and 520. (B) Northern Sonoma County APCD. (1) Amended Rules 100, 120, 130 (d1 and s5), 500, 520, 600, and 610, adopted 2/22/84, and amended Rule 200(a), adopted 7/19/83. (2) Appendices A and B adopted on February 22, 1984. (3) Previously approved on April 17, 1987 in paragraph (c)(164)(i)(B)(1) of this section and now deleted without replacement, Rules 500 and 520. (C) Ventura County APCD. (1) Amended Rules 15, 54, 61, 64, 67, 69, 70, 74.3, 74.4, 74.5, 74.6, 74.8, 80, and 103, revised 7/5/83. (2) Previously approved and now removed (without replacement), Rule 84. (3) Previously approved on April 17, 1987 and now deleted without replacement Rule 61. (4) Rule 74.11 adopted on April 9, 1985. (D) Yuba County APCD. (1) Amended Rules 1.1, 2.0, 2.1, 2.3, 2.5, 2.6, 2.7, 2.9, 2.11, and 2.16, adopted 3/5/85. (E) South Coast Air Quality Management District. (1) Rule 1150.1, adopted on April 5, 1985. (165) Revised regulations for the following APCD's were submitted by the Governor's designee on November 12, 1985. (i) Incorporation by reference. (A) Northern Sonoma County APCD. (1) Amended Rule 130 s4, adopted 7/9/85. (B) South Coast Air Quality Management District. (1) Amended Rule 221, adopted 1/4/85. (166) A revised regulation for the following district was submitted on December 2, 1983, by the Governor's designee. (i) Incorporation by reference. (A) South Coast AQMD. (1) Amended Rule 466 adopted 10/7/83. (167) A revised regulation for the following district was submitted on August 1, 1984, by the Governor's designee. (i) Incorporation by reference. (A) Ventura County APCD. (1) Amended Rule 74.7 adopted 7–3–84. (168) Revised regulations for the following APCD's were submitted by the Governor's designee on February 10, 1986. (i) Incorporation by reference. (A) Butte County APCD. (1) New or amended Rules 101, 102, 250, 260, 261, 270, 301, 302, 303, 304, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 322, 323, 324, 325, 401, 402, 403, 405, 406, 407, 420, 421, 422, 423, 425, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 701, 702, 703, 704, 801, 802, 901, 902, and 3–3 (repealed), adopted August 6, 1985. (2) New or amended Rules 202, 203, 204, 205, 210, 211, 212, 213, 214, 215, 220, 225, and 231 adopted August 6, 1985. (3) Previously approved on February 3, 1987 and now deleted without replacement Rules 601 to 618, 620 to 621, and 801 to 802. (4) Rule 424, adopted on August 6, 1985. (5) Previously approved on February 3, 1987 in paragraph (c)(168)(i)(A)(1) of this section and now deleted without replacement, Rules 701, 702, 703, and 902. (6) Previously approved on February 3, 1987 in paragraph (c)(168)(i)(A)(1) of this section and now deleted without replacement Rules 423 and 425. (B) Lake County APCD. (1) New Rules 650D, 651, and 1701Q, adopted December 10, 1985. (C) Placer County APCD (Mountain Counties portion). (1) Amended Rules 102, 312, 314, 315, 320, 505, 507, 803, 211A (repealed), and 219M (repealed), adopted May 20, 1985. (2) New or amended Rules 213, 307, and 324 adopted May 20, 1985. (3) Previously approved on February 3, 1987 in paragraph (c)(168)(i)(C)(1) of this section and now deleted without replacement, Rule 803. (D) Sutter County APCD. (1) Amended Rule 2.5, adopted October 15, 1985. (E) Tehama County APCD. (1) Amended Rules 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 5.2, 5.3, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.15, 5.16, 5.17, 5.18, 5.20, 5.21, 5.22, and 5.23, adopted September 19, 1985. (2) New or amended Rules 4.3, 4.8, 4.9 (a) and (b), 4.10, and 4.14 adopted September 10, 1985. (3) Previously approved on February 3, 1987 and now deleted without replacement Rules 5.2 to 5.3, 5.6 to 5.9, 5.11 to 5.12, 5.13, 5.15 to 5.18, and 5.20 to 5.23. (4) Previously approved on February 3, 1987 in paragraph (c)(168)(i)(E)(1) of this section and now deleted without replacement Rules 2.12 and 5.10. (F) Monterey Bay Unified APCD. (1) New or amended Rules 416 and 418 adopted September 18, 1985. (2) Rule 204, amended on July 17, 1985. (G) San Diego County APCD. (1) New or amended Rules 66 (w) and 67.8 (d) adopted September 17, 1985. (H) South Coast AQMD. (1) Amended Rule 1159 adopted December 6, 1985. (2) Rule 1150.2, adopted on October 18, 1985. (3) Previously approved on July 12, 1990 in paragraph (i)(H)(1) of this section and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rule 1159. (169) New and amended regulations submitted on June 4, 1986 by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rules 404 and 405 adopted on May 7, 1976 and amended on February 7, 1986. Rule 1112.1 adopted on February 7, 1986. (170) Revised regulations for the following APCD's were submitted on August 12, 1986, by the Governor's designee. (i) Incorporation by reference. (A) Placer County Air Pollution Control District. (1) Amended rules 101, 201, 305 (Mountain Counties portion), adopted May 27, 1986. (171) Revised regulations for the following APCD's were submitted on November 21, 1986 by the Governor's designee. (i) Incorporation by reference. (A) Mendocino County APCD. (1) Amended Rule 200(d), adopted on July 8, 1986. (B) Placer County APCD. (1) New Rule 225, adopted on June 17, 1986. (C) San Joaquin County APCD. (1) Amended Rules 411.2, 416, and 416.1, adopted on June 24, 1986. (D) Shasta County APCD. (1) New or amended Rules 1:1, 1:2 (except “fugitive emissions”), 2:10, 2:23, 2:26, 2:27, 3:2, 3:3, 4:1, 4:2, and 4:7 adopted on July 22, 1986. (2) Previously submitted to EPA on June 30, 1972 and approved in the Federal Register on September 22, 1972 and now removed without replacement, Rule 2:13. (3) Previously submitted to EPA on July 19, 1974 and approved in the Federal Register on August 22, 1977 and now removed without replacement, Rules 3:8, 4:7, 4:9, 4:10, 4:11, 4:12, 4:13, 4:15, 4:16, 4:17, 4:18, 4:20, 4:21, and 4:22. (4) Previously submitted to EPA on October 13, 1977 and approved in the Federal Register on November 14, 1978 and now removed without replacement, Rules 4:14 and 4:19. (5) Previously approved on April 12, 1989 and now deleted without replacement Rule 4.1. (6) Previously approved on April 12, 1989 in paragraph (c)(171)(i)(D)(1) of this section and now deleted without replacement Rules 2:10, 2:26, 2:27, and 4:7. (172) Revised regulations for the following APCD's were submitted on March 11, 1987, by the Governor's designee. (i) Incorporation by reference. (A) Siskiyou County APCD. (1) New or amended Rules 1.1, 1.2 (A3, A4, A8, A9, B3, B4, C1, C5, C6, C8, C10, D1, D2, E1, F1, H2, I2, I3, M3, M4, O1, P1, P3, P4, P8, R3, R4, R6, S1, S2, S3, S5, S6, T2, V1), 1.3, 1.5, 2.3, 2.7, 2.8, 2.9, 2.10, 2.11, and 2.12 adopted on November 25, 1986. (2) Previously submitted to EPA on February 21, 1972 and approved in the Federal Register on May 31, 1972 and now removed without replacement, Rule 1.2 (M). (3) Previously submitted to EPA on July 25, 1973 and approved in the Federal Register on August 22, 1977 and now removed without replacement, Rule 2.13. (4) Previously approved on April 12, 1989 in paragraph (c)(172)(i)(A)(1) of this section and now deleted without replacement Rules 2.8 and 2.9. (B) Ventura County APCD. (1) Amended Rule 23, adopted on October 21, 1986. (173) Revised regulations for the following APCD's were submitted on June 9, 1987 by the Governor's designee. (i) Incorporation by reference. (A) Bay Area AQMD. (1) New Rules 2–1–401.6 and 2–1–401.7, adopted January 7, 1987. (B) Imperial County APCD. (1) New or amended Rules 102, 105, 108, 110, 113, 115, 203, 204, 205, 210, 401, 402, 403, 420, 421, 422, and 423, adopted November 19, 1985. (2) Previously approved on February 3, 1989 in paragraph (c)(173)(i)(B)(1) of this section and now deleted without replacement, Rules 105 and 108. (3) Previously approved on February 3, 1989 in paragraph (c)(173)(i)(B)(1) of this section and now deleted without replacement Rules 204 and 210. (C) Monterey Bay Unified APCD. (1) Amended Rule 201 (introductory paragraph and subparagraphs (1) through (8.6)), adopted December 17, 1986. (2) Rule 200, amended on December 17, 1986. (D) Tulare County APCD. (1) Amended Rules 110 and 202 (introductory paragraph and subparagraphs (a) through (d.7)), adopted May 13, 1986. (2) Previously approved on February 3, 1989 in paragraph (c)(173)(i)(D)(1) of this section and now deleted without replacement, Rule 110. (E) San Diego County Air Pollution Control District. (1) Amended Rules 61.7 and 61.8, adopted on January 13, 1987. (F) South Coast Air Quality Management District. (1) Rule 443.1, adopted on December 5, 1986. (174) Revised regulations for the following APCD's were submitted on September 1, 1987 by the Governor's designee. (i) Incorporation by reference. (A) South Coast AQMD. (1) Amended Rule 212, adopted May 1, 1987. (B) Ventura County APCD. (1) Amended Rule 12, adopted June 16, 1987. (175) Revised regulations for the following APCD's were submitted on November 25, 1987, by the Governor's designee. (i) Incorporation by reference. (A) Shasta County AQMD. (1) Amended rules 1:2, 2:6.a.4.(c), 2:6.b, 2:7.a, 2:7.c, 2:8.c.2.(a), 2:8.c.3.(a), 2:8.c.4, and 2:19, adopted on July 28, 1987. (2) Previously approved on April 17, 1989 in paragraph (c)(175)(i)(A)(1) of this section and now deleted without replacement Rule 2:19. (B) Tehama County APCD. (1) New or amended rules 1:2, 3:1, 3:6(1), 3:11(a), 3:12, 3:13.j, 3:14(10), 3:15, 4:3, and 4:24, adopted on August 4, 1987. (2) Rule 4.22, adopted on August 4, 1987. (3) Previously approved on April 17, 1989 in paragraph (c)(175)(i)(B)(1) of this section and now deleted without replacement Rule 3:15. (C) Yolo-Solano APCD. (1) Amended rule 3:7(d), adopted on August 12, 1987. (176) Revised regulations for the following APCD's were submitted on March 23, 1988 by the Governor's designee. (i) Incorporation by reference. (A) Siskiyou County Air Pollution Control District. (1) New and amended rules 4.1, 4.1–1, 4.1–2, 4.2–1, 4.3, 4.4, 4.5, 4.6, 4.6–1, 4.7, 4.8, 4.9, 4.10, 4.11, 7.1, 7.2, 7.3, 7.4, 7.5–1, 7.5–2, 7.5–3, 7.6, and 7.7 adopted on October 27, 1987. (B) Lake County Air Pollution Control District. (1) Amended rules 431.5, 431.7, 432, 432.5, 433, 434, 436.5, 442, 1105, and 1107 adopted October 20, 1987. (2) Previously approved on October 23, 1989 in paragraph (c)(176)(i)(B)(1) of this section and now deleted Section 442 (now replaced by Section 436). (C) Lassen County Air Pollution Control District. (1) Amended Articles I, II, III, IV, V, VI, and VII adopted August 11, 1987. (D) Monterey Bay Unified Air Pollution Control District. (1) Rule 429 adopted on September 16, 1987. (E) South Coast Air Quality Management District. (1) Rule 444, adopted on October 2, 1987. (177) Revised regulations for the following APCD's were submitted by the Governor's designee on February 7, 1989. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Amended Rules 2 and 55 adopted May 24, 1988. (2) Amended Rule 56 adopted May 24, 1988. (3) Previously approved on August 6, 1990 in paragraph (c)(177)(i)(A) of this section and now deleted without replacement, Rule 55. (B) Bay Area Air Quality Management District. (1) Amended Regulation 4 adopted September 7, 1988. (C) Mariposa County Air Pollution Control District. (1) Amended Regulation III and Rules 300, 301, 302, 303, 304, 305, 306, 307, and 308 adopted July 19, 1988. (D) Madera County Air Pollution Control District. (1) Amended rules 106, 112, 114, 401, 403, 422, 424, 425, 501, 504, 505, 506, 518, 519, 601, 603, 605, 606, 609, 610, 611, 613, and 614 adoped on January 5, 1988. (2) Previously approved on April 16, 1991 and now deleted without replacement Rules 106, 501, 504 to 506, and 519. (3) Previously approved on April 16, 1991 in paragraph (c)(177)(i)(D)(1) of this section and now deleted without replacement, Rule 112. (4) Previously approved on April 16, 1991 in paragraph (c)(175)(i)(D)(1) of this section and now deleted without replacement Rule 518. (E) Bay Area Air Quality Management District. (1) Rule 8–5 adopted on May 4, 1988. (F) Lake County Air Quality Management District. (1) Rules 248.5 and 270, adopted on December 6, 1988. (2) Section (Rule) 1150, adopted on December 6, 1988. (178) [Reserved] (179) Revised regulations for the following APCD's were submitted on March 26, 1990, by the Governor's designee. (i) Incorporation by reference. (A) Kings County Air Pollution Control District. (1) Amended Rules 417 and 417.1 adopted on February 28, 1989. (B) San Bernardino County Air Pollution District. (1) Amended Rules 101, 102 (except fugitive liquid leak and fugitive vapor leak), 103, 104, 105, and 106 adopted on December 19, 1988. (2) Previously approved on November 27, 1990 in paragraph (c)(179)(i)(B)(1) of this section and now deleted without replacement, Rule 105. (C) Bay Area Air Quality Management District. (1) Rule 8–44, adopted January 4, 1989. (D) Ventura County Air Pollution Control District. (1) Rule 74.7, adopted on January 10, 1989. (2) Rule 30 adopted on May 30, 1989. (E) Siskiyou County Air Pollution Control District. (1) Rules 1.2 (except section V1), 1.4, 2.1, 2.2, 2.10. 4.1, 4.6, 6.1, and Appendix A, adopted on January 24, 1989. (2) Rule 4.10 adopted on January 24, 1989. (3) Rule 4.3, adopted on January 24, 1989. (4) Previously approved on November 4, 1996 in paragraph (c)(179)(i)(E)(1) of this section and now deleted without replacement, Rule 1.4. (5) Previously approved on November 4, 1996 in paragraph (c)(179)(i)(E)(1) of this section and now deleted without replacement Rule 2.10. (F) Lake County Air Quality Management District. (1) Rule 1010, adopted on June 13, 1989. (2) Section (Rule) 431.5, adopted on June 13, 1989. (G) Tuolumne County Air Pollution Control District. (1) Rules 101, 102, and Rule 300, adopted November 22, 1988. (2) Rules 302 to 310, adopted on November 22, 1988. (180) [Reserved] (181) New and amended regulations for the following APCD were submitted on October 16, 1990, by the Governor's designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Rule 71.2, adopted on September 26, 1989. (182) New and amended regulations for the following APCDs were submitted on December 31, 1990, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rules 1175 and 1176, adopted on January 5, 1990. (2) Rule 109, adopted on May 5, 1989. (3) Rule 108, adopted on April 6, 1990. (4) Rule 461, adopted on July 7, 1989. (5) Rule 431.2, amended on May 4, 1990. (B) Bay Area Air Quality Management District. (1) Regulation 8, Rule 8, adopted on November 1, 1989. (2) Amended Rule 8-28, adopted September 6, 1989. (3) Rule 8–46, adopted July 12, 1989. (4) Amended Regulation 8, Rule 16, adopted on August 2, 1989. (5) Amended Regulation 8, Rule 11, adopted on September 20, 1989. (6) Regulation 2, Rule 1 adopted on November 1, 1989. (C) San Luis Obispo County Air Pollution Control District. (1) Rule 424, adopted on July 18, 1989. (D) Santa Barbara County Air Pollution Control District. (1) Amended Rule 323, adopted on February 20, 1990. (E) San Diego County Air Pollution Control District. (1) Amended Rules 101, 102, 103, and 108, adopted March 27, 1990. (2) Previously approved on March 11, 1988 in paragraph (c)(182)(i)(E)(1) of this section and now deleted Rules 101, 102, 103, and 108 (now replaced by Rule 101). (F) Modoc County Air Pollution Control District. (1) Rules 4.1–2, 4.6, 4.6–1, and 4.9 adopted on January 3, 1989. (2) Rule 4.11, adopted on January 3, 1989. (3) Rule 1.2 and Rule 7.1, adopted May 1, 1989. (4) Rule 4.1, adopted on January 15, 1989. (G) Siskiyou County Air Pollution Control District. (1) Rule 4.14, adopted on July 11, 1989. (2) Rule 7.1, adopted July 11, 1989. (183) New and amended regulations for the following APCD's were submitted on April 5, 1991, by the Governor's designee. (i) Incorporation by reference. (A) San Diego County Air Pollution Control District. (1) Rule 67.8, adopted on December 18, 1990. (2) Rule 61.9, adopted on March 14, 1989, is now removed without replacement as of April 19, 1994. (3) Revised Rule 67.3, adopted on October 16, 1990. (4) Amended Rule 61.4, adopted on October 16, 1990. (5) Amended Rule 67.4, adopted July 3, 1990. (6) Amended Rule 61.0, adopted on September 16, 1990. (7) New Rule 67.12, adopted December 4, 1990. (8) Previously approved on March 24, 1992 and now deleted without replacement Rule 67.8. (9) Amended Rule 67.18, adopted on July 3, 1990. (10) Revised Rules 61.2, 61.3, and 67.5, adopted October 16, 1990. (11) Amended Rule 61.1, adopted October 16, 1990. (12) Rule 67.6, adopted on October 16, 1990. (13) Rule 67.15, adopted on December 18, 1990. (B) Ventura County Air Pollution Control District. (1) Rules 74.5.1 and 74.5.2, adopted on December 4, 1990. (2) Rule 71, adopted on September 11, 1990. (3) Rule 74.13, adopted on January 22, 1991. (4) Rule 74.16, adopted January 8, 1991. (C) Placer County Air Pollution Control District. (1) Amended Rule 217, adopted on September 25, 1990. (2) Amended Rule 213, adopted on September 25, 1990. (3) New Rule 410 and Amended Rule 223, adopted on September 25, 1990. (4) Amended Rule 212, adopted September 25, 1990. (5) Rule 216, adopted on September 25, 1990. (D) Sacramento Metropolitan Air Quality Management District. (1) Amended rules 443, adopted September 25, 1990, and 452, adopted August 21, 1990. (E)(1) [Reserved] (2) Rule 316, adopted on July 10, 1990. (F) Bay Area Air Quality Management District. (1) Amended Regulation 8, Rule 43, adopted on June 20, 1990. (2) Regulation 8, Rule 17, adopted on September 5, 1990. (G) [Reserved] (H) El Dorado County Air Pollution Control District. (1) Regulation IX, Rules 900 through 914, adopted September 18, 1990. (2) Previously approved on October 1, 1999 in paragraph (c)(183)(i)(H)(1) of this section and now deleted Rules 900, 901, 902, 903, and 904 (now replaced by Rule 238). (3) Previously approved on October 1, 1999 in paragraph (c)(183)(i)(H)(1) of this section and now deleted Rules 905, 906, 907, 908, 910, 911, and 912 (now replaced by Rule 244). (4) Previously approved on October 1, 1999 in paragraph (c)(183)(i)(H)(1) of this section and now deleted Rule 909 (now replaced by a Negative Declaration adopted on April 3, 2001). (5) Previously approved on October 1, 1999 in paragraph (c)(183)(i)(H)(1) of this section and now deleted without replacement Rule 913. (6) Previously approved on October 1, 1999 in paragraph (c)(183)(i)(H)(1) of this section and now deleted Rule 914 (now replaced by Rule 501). (184) New and amended regulations for the following APCDs were submitted on May 13, 1991, by the Governor's designee. (i) Incorporation by reference. (A) Sacramento Metropolitan Air Quality Management District. (1) Amended rule 445, adopted November 6, 1990. (2) Amended Rules 442, adopted October 2, 1990, and 446, adopted December 4, 1990. (3) Previously approved on August 20, 1991 and now deleted without replacement Rule 445. (B) South Coast Air Quality Management District. (1) Rules 1102 and 1102.1, adopted on December 7, 1990. (2) Rule 465, adopted on December 7, 1990, and Rule 1123, adopted on December 7, 1990. (3) Rules 1153 and 1164, adopted on January 4, 1991, and December 7, 1990, respectively. (4) New Rule 1174, adopted on October 5, 1990. (5) Rule 1103, adopted on December 7, 1990. (6) Rule 464, adopted on December 7, 1990. (7) Rules 201, 203, 205, 209, 214 to 217 amended on January 5, 1990 and Rule 201.1 adopted on January 5, 1990. (8) Rule 208, adopted on January 5, 1990. (9) Previously approved on August 11, 1992 and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rule 1123. (10) Rules 1162 and 1173, adopted on December 7, 1990. (11) Previously approved on May 13, 1999 in paragraph (c)(184)(i)(B)(7) of this section and now deleted without replacement Rules 214, 215, and 216. (C) Bay Area Air Quality Management District. (1) Rule 8-37, adopted on October 17, 1990. (2) Regulation 6, adopted on December 19, 1990. (D) San Diego County Air Pollution Control District. (E) Yolo-Solano Air Quality Management District. (1) Rule 2.24, adopted on November 14, 1990. (F) Tehama County Air Pollution Control District. (1) Rule 1.2, adopted April 25, 1989. (2) Rule 3.12, adopted on April 25, 1989. (185) New and amended regulations for the following APCD's were submitted on May 30, 1991, by the Governor's designee. (i) Incorporation by reference. (A) Kern County Air Pollution Control District. (1) Rules 410.6 and 410.6A, adopted on May 6, 1991. (2) Rule 410.5, adopted on May 6, 1991. (3) Rule 410.4A, adopted on May 6, 1991. (4) Amended Rule 410.1, adopted on May 6, 1991. (5) Amended Rules 414 and 414.1 and New Rule 414.5, adopted on May 6, 1991. (6) Revised Rule 410.4, adopted on May 6, 1991. (7) Rule 410.3 and Rule 412, adopted on May 6, 1991. (8) [Reserved] (9) Rule 410.7, adopted May 6, 1991. (B) San Diego County Air Pollution Control District. (1) Rule 67.2, adopted on May 21, 1991. (2) Rule 67.7, adopted on May 21, 1991. (3) [Reserved] (4) Amended Rule 67.16, adopted on May 21, 1991. (5) Rule 67.1, adopted on May 21, 1991. (C) San Joaquin Valley Unified Air Pollution Control District. (1) Rules 467.1 and 467.2, adopted on April 11, 1991. (2) Rule 460.2, adopted on April 11, 1991. (3) New Rule 460.1, adopted on April 11, 1991. (4) New Rules 463.4, 464.1, and 464.2, adopted on April 11, 1991. (5) New Rule 461.2, adopted on April 11, 1991. (6) Amended Rules 465.3 and 466.1, adopted April 11, 1991. (7) Previously approved on April 24, 1992 and now deleted without replacement Rule 467.1. (D) Placer County Air Pollution Control District. (1) Amended Rule 215, adopted on September 25, 1990. (186) New and amended regulations for the following APCDs were submitted on October 25, 1991, by the Governor's designee. (i) Incorporation by reference. (A) Sacramento Metropolitan Air Quality Management District. (1) Amended Rules 447 adopted April 30, 1991. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 468.1, adopted on May 16, 1991. (C) South Coast Air Quality Management District. (1) Rule 1104, adopted March 1, 1991. (D) Ventura County Air Pollution Control District. (1) Rule 62.6, adopted on July 16, 1991. (2) Rule 103, adopted on June 4, 1991. (E) Santa Barbara County Air Pollution Control District. (1) Rule 105 adopted on July 30, 1991. (F) Northern Sierra Air Pollution Control District. (1) Rules 302 to 312, adopted on November 10, 1988. (187) New and amended regulations for the following APCDs were submitted on January 28, 1992, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 463.1, adopted on September 19, 1991. (2) Rule 460.2 adopted on September 19, 1991. (3) New Rule 463.2, adopted on September 19, 1991. (4) New Rule 460.4, adopted on September 19, 1991. (5) Rule 461.1 and Rule 465.2, adopted on September 19, 1991. (6) Rule 465.1, adopted on September 19, 1991. (B) Ventura County Air Pollution Control District. (1) New Rule 74.17, adopted on September 17, 1991. (2) Rule 74.1, adopted on November 12, 1991. (3) New rules 150 to 159 amended on September 17, 1991. (4) Rules 26.A (“General”), 26.8 and 26.9 adopted on October 22, 1991. (C) South Coast Air Quality Management District. (1) Rule 1142, adopted on June 19, 1991. (2) Rule 1135, adopted on July 19, 1991. (3) Previously approved on December 13, 1994 and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rule 1142. (D) San Diego County Air Pollution Control District. (1) New rules 127, 128, and 130 amended on September 17, 1991. (188) New and amended regulations for the following APCDs were submitted on June 19, 1992, by the Governor's designee. (i) Incorporation by reference. (A) Santa Barbara County Air Pollution Control District. (1) Rule 339, adopted on November 5, 1991. (2) Rule 331, adopted on December 10, 1991. (3) Rule 342, adopted on March 10, 1992. (4) Rule 329, adopted on February 25, 1992. (B) San Bernardino County Air Pollution Control District. (1) Rule 1116, adopted on March 2, 1992. (C) South Coast Air Quality Management District. (1) Rule 1171, adopted on August 2, 1991. (2) Rule 465, amended on November 1, 1991. (D) Ventura County Air Pollution Control District. (1) Rule 74.18, adopted on January 28, 1992. (2) Rule 74.6, adopted on December 10, 1991. (3) Rule 74.3, adopted on December 10, 1991. (4) Rule 29 adopted on October 22, 1991. (E) [Reserved] (F) Sacramento Metropolitan Air Quality Management District. (1) Rules 448 and 449 adopted on December 17, 1991. (189) New and amended regulations for the following APCDs were submitted on September 14, 1992, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1115, adopted on March 6, 1992. (2) Rule 1126, adopted on March 6, 1992. (3) Rule 1128, adopted on February 7, 1992, and Rule 1141, adopted on April 3, 1992. (4) Rules 1125 and 1136, adopted on August 2, 1991. (5) New Rule 1179, adopted March 6, 1992. (6) Rule 109 adopted on March 6, 1992, and Rule 1106.1 adopted on May 1, 1992. (7) Rule 1141.1, adopted on November 4, 1983 and amended on March 6, 1992. (8) Previously approved on December 20, 1993 in paragraph (c)(189)(i)(A)(3) of this section and now deleted without replacement for implementation in the Antelope Valley Air Quality Management District Rule 1141. (B) Ventura County Air Pollution Control District. (1) Rule 71.1 and Rule 71.3, adopted on June 16, 1992. (2) Rule 74.10, adopted on June 16, 1992. (3) Rule 74.14, adopted on May 26, 1992. (C) Bay Area Air Quality Management District. (1) Rule 8–49, adopted on August 21, 1992. (2) Regulation 9 Rule 1, amended on May 20, 1992. (190) New and amended regulations for the following APCDs were submitted on November 12, 1992, by the Governor's designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Revised Rule 74.19, adopted August 11, 1992. (2) Rule 74.2 revised on August 11, 1992. (3) Rule 24 adopted on September 15, 1992. (B) Bay Area Air Quality Management District. (1) Rule 8–18, adopted on March 4, 1992. (C) El Dorado County Air Pollution Control District. (1) Rule 1000 adopted on September 21, 1992. (D) Feather River Air Pollution Control District. (1) Rule 4.8 adopted on September 14, 1992. (E) Kern County Air Pollution Control District. (1) Rule 108.2 adopted on July 13, 1992. (F) San Bernardino County Air Pollution Control District (now Mojave Desert Air Quality Management District). (1) Rule 107 adopted on September 14, 1992. (G) Santa Barbara County Air Pollution Control District. (1) Rule 212 adopted on October 20, 1992. (191) New and amended regulations for the following APCDs were submitted on January 11, 1993, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1145, adopted on January 10, 1992. (B) Santa Barbara County Air Pollution Control District. (1) Rule 346, adopted on October 13, 1992. (C) San Bernardino County Air Pollution Control District. (1) Rule 463, adopted on November 2, 1992. (D) Kern County Air Pollution Control District. (1) Rule 412.1, adopted on November 9, 1992. (192) New and amended regulations for the following APCDs were submitted on April 6, 1993, by the Governor's designee. (i) Incorporation by reference. (A) Sacramento Air Quality Management District. (1) Rule 456, adopted on February 23, 1993. (2) Rule 454, adopted on February 23, 1993. (3) Revised Rule 450, adopted February 23, 1993. (193) New and amended regulations for the following APCDs were submitted on May 13, 1993, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1106, adopted on August 2, 1991; Rule 1107, adopted on August 2, 1991; and Rule 1151, adopted on September 6, 1991. (2) Rule 1130 adopted on March 6, 1992. (3) Rule 1122, adopted on April 5, 1991. (B) San Luis Obispo County Air Pollution Control District. (1) Rule 417, adopted February 9, 1993. (C) Butte County Air Pollution Control District. (1) Rule 241, adopted on January 12, 1993. (D) Glenn County Air Pollution Control District. (1) Section 51, adopted on March 16, 1993. (E) Ventura County Air Pollution Control District (1) Rule 26.7 adopted on December 22, 1992. (194) New and amended regulations for the following APCDs were submitted on November 18, 1993, by the Governor's designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Rule 70, adopted on May 4, 1993; Rule 71, adopted on June 8, 1993; and Rule 71.4, adopted on June 8, 1993. (2) Rule 59, adopted on September 15, 1992. (3) Rule 74.15.1, adopted on May 11, 1993. (4) Rule 74.21, adopted on April 6, 1993. (5) Rule 74.20, adopted on June 8, 1993. (B) Kern County Air Pollution Control District. (1) Rule 410.4, adopted on July 12, 1993. (2) Rule 425, adopted on August 16, 1993. (3) Previously submitted to EPA on June 28, 1982 and approved in the Federal Register on May 3, 1984 and now removed without replacement, Rule 425. (4) Rule 424 adopted on April 19, 1993. (C) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4603, adopted on May 20, 1993. (2) Rule 4621, adopted on May 20, 1993. (3) Rule 4802, adopted on May 21, 1992, and amended on December 17, 1992. (4) Rules 2031, 2070, 2080, and 2092 adopted on May 21, 1992 and amended on December 17, 1992. (5) Rule 4201, adopted on December 17, 1992. (D) Santa Barbara County Air Pollution Control District. (1) Rule 349, adopted on April 27, 1993. (E) San Diego County Air Pollution Control District. (1) Rule 67.12, adopted on April 6, 1993. (2) Amended Rule 19, adopted April 6, 1993. (F) Monterey Bay Unified Air Pollution Control District (1) Rule 417, Rule 418, and Rule 427, adopted on August 25, 1993. (2) Rule 425, adopted on August 25, 1993. (3) Rule 420 and Rule 426, adopted on August 25, 1993. (4) Previously submitted to EPA on February 6, 1975 and approved in the Federal Register on July 13, 1987 and now removed without replacement, Rule 428. (5) Rule 300—Regulation 3, Part 4, Paragraph 4.4 adopted on June 9, 1993. (G) Mendocino County Air Quality Management District. (1) Rule 130 (p6), (t2), and (t3) adopted April 6, 1993. (2) Rule 400(b) adopted on April 6, 1993. (H) South Coast Air Quality Management District. (1) Rule 403.1, adopted on January 15, 1993. (I) Sacramento Metropolitan Air Quality Management District. (1) Rule 105 adopted on April 20, 1993. (J) Yolo-Solano Air Quality Management District. (1) Rule 3.18 adopted on July 28, 1993. (195) New and amended regulations for the following APCDs were submitted on February 11, 1994, by the Governor's designee. (i) Incorporation by reference. (A) San Diego Air Pollution Control District. (1) Rule 67.17, adopted on September 21, 1993. (B) Ventura County Air Pollution Control District. (1) Rule 74.22, adopted on November 9, 1993. (2) Rule 59, adopted on October 12, 1993. (196) New and amended regulations for the following APCDs were submitted on March 29, 1994 by the Governor's designee. (i) Incorporation by reference. (A) Sacramento Metropolitan Air Quality Management District. (1) Sacramento Metropolitan AQMD rules 442, 443, 446, 447, and 452 adopted on November 16, 1993. (B) Ventura County Air Pollution Control District. (1) Rule 74.9, adopted on December 21, 1993. (2) Rule 15.1 adopted on October 12, 1993. (C) Santa Barbara County Air Pollution Control District. (1) Rule 316, adopted on December 14, 1993. (2) Rules 325 & 326, adopted on January 25, 1994 and December 14, 1993, respectively. (3) Rule 343, adopted on December 14, 1993. (D) Yolo-Solano Air Quality Management District. (1) Rule 3.2, adopted on August 25, 1993; and rules 3.14 and 3.15, adopted on September 22, 1993. (E) Monterey Bay Unified Air Pollution Control District. (1) Rule 213, amended on February 16, 1994. (F) [Reserved] (4) Rule 401, adopted on April 18, 1972 and amended on November 29, 1993. (197) New and amended regulations for the following APCDs were submitted on May 24, 1994, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rules 1162, 1173, 1175 and 1176, adopted on May 13, 1994. (2) Rule 463, adopted on March 11, 1994. (B) Bay Area Air Quality Management District. (1) Rule 8–6, adopted on February 2, 1994. Rule 8–5, adopted on January 20, 1993. (C) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4622, adopted on February 17, 1994. (2) Rule 4681, adopted on December 16, 1993. (3) Rules 4302 and 4303, adopted on May 21, 1992 and amended on December 16, 1993. (4) Rule 4103, adopted on December 16, 1993. (5) Rule 1081, originally adopted on April 11, 1991 and amended on December 16, 1993. (D) Ventura County Air Pollution Control District. (1) Rule 74.24, adopted on March 8, 1994. (2) Rule 56, adopted on October 22, 1968, as amended on March 29, 1994. (E) El Dorado County Air Pollution Control District. (1) Rules 501, 523, 524, and 525 adopted on April 26, 1994. (198) New and amended regulations for the following APCDs were submitted on July 13, 1994, by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Revised Rule 8–8, adopted on June 15, 1994. (B) Placer County Air Pollution Control District. (1) Rule 230, adopted on June 28, 1994. (2) Rule 229, adopted on June 28, 1994. (C) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4407, adopted on May 19, 1994. (2) Rule 4682 adopted on June 16, 1994 and Rule 4684 adopted on May 19, 1994. (3) Rule 4607, adopted on May 19, 1994. (D) Sacramento Metropolitan Air Quality Management District. (1) Rule 458, adopted on June 7, 1994. (E) Mojave Desert Air Quality Management District. (1) Rules 461 and 462, adopted on May 25, 1994. (2) Rule 1117 adopted June 22, 1994. (F) Monterey Bay Unified Air Pollution Control District. (1) Rule 430, adopted on May 25, 1994. (2) Rule 416, adopted April 20, 1994. (G) [Reserved] (H) South Coast Air Quality Management District. (1) Rule 1146 and Rule 1146.1, adopted May 13, 1994. (I) San Diego County Air Pollution Control District. (1) Rule 67.10, adopted on June 15, 1994. (2) Rule 60 adopted on May 17, 1994. (J) Ventura County Air Pollution Control District. (1) Rule 74.28, adopted on May 10, 1994. (2) Rule 74.30 adopted May 17, 1994. (3) Rule 64, amended June 14, 1994. (4) Rule 54, amended on June 14, 1994. (K) Santa Barbara County Air Pollution Control District. (1) Rule 354, adopted June 28, 1994. (2) Rule 359, adopted on June 28, 1994. (199) New and amended regulations for the following APCDs were submitted on September 28, 1994 by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Regulation 8, Rules 11 and 16 adopted on June 15, 1994, and Regulation 8, Rule 28 adopted on June 1, 1994. (2) Regulation 8, Rules 14 and 43 adopted on June 1, 1994, and regulation 8, Rules 13, 23, 47 adopted on June 15, 1994. (3) Rules 8–25 and 8–42, adopted on June 1, 1994 and Rule 8–50, adopted on June 15, 1994. (4) Rule 8–22, adopted on June 1, 1994. (5) Rules 8–29, 8–33, and 8–39, adopted on June 1, 1994, and Rules 8–19 and 8–38, adopted on June 15, 1994. (6) Rules 8–4, 8–7, 8–15, 8–31, and 8–41 adopted on June 1, 1994. Rules 8–1, 8–2, 8–12, 8–20, 8–24, 8–30, 8–34, 8–35, and 8–40 adopted on June 15, 1994. Rule 8–32 adopted on July 6, 1994. (7) [Reserved] (8) Regulation 2, Rule 2 and Rule 4 adopted on June 15, 1994. (B) San Luis Obispo County Air Pollution Control District. (1) Rule 419, adopted July 12, 1994. (C) Monterey Bay Unified Air Pollution Control District. (1) Rules 433 and 434, adopted June 15, 1994. (D) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4352, adopted on September 14, 1994. (2) Rule 4354, adopted on September 14, 1994. (3) Rules 6010, 6020, 6040, 6050, 6060, 6070, 6080, 6081, 6090, 6100, 6110, 6120, 6130, 6140, and 6150 were adopted on May 21, 1992; amended on December 17, 1992. (4) Rule 4301, adopted on May 21, 1992, as amended on December 17, 1992. (5) Rule 1010 adopted on June 18, 1992 and Rule 1130 adopted on June 18, 1992 and amended on December 17, 1992. (6) Rules 1110, 1140, 1150, 2010, and 2040 amended on December 17, 1992. (7) Rule 4202, adopted on December 17, 1992. (8) Rule 1080, originally adopted on June 18, 1992 and amended on December 17, 1992. (9) Previously approved on June 3, 1999 in paragraph (c)(199)(i)(D)(6) of this section and now deleted without replacement Rule 2040. (E) Yolo-Solano Air Quality Management District. (1) Rule 2.34, adopted on July 13, 1994. (2) Rule 2.32 adopted on August 10, 1994. (200) Program elements were submitted on November 13, 1992 by the Governor's designee. (i) Incorporation by reference. (A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on October 15, 1992. (201) A plan for the following agency was submitted on November 7, 1994 by the Governor's designee. (i) Incorporation by reference. (A) California Air Resources Board. (1) California's Opt-out Program, Executive Order G–125–145, dated November 7, 1994. (202) New and amended regulations for the following APCDs were submitted on October 19, 1994, by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Rule 2–1–249, adopted on June 15, 1994. (B) Kern County Air Pollution Control District. (1) Rule 425.3, adopted on October 13, 1994. (2) Rule 425.1 adopted on October 13, 1994. (C) San Diego County Air Pollution Control District. (1) Rule 67.4, adopted on September 27, 1994. (2) Rule 67.16, adopted on September 20, 1994. (3) Rule 69.2, adopted on September 27, 1994. (4) Rule 68, adopted on September 20, 1994. (5) Rule 69.4, adopted on September 27, 1994. (6) Rule 69.3, adopted on September 27, 1994. (D) Mojave Desert Air Quality Management District. (1) Rule 464, adopted August 24, 1994. (E) Placer County Air Pollution Control District. (1) Rule 250, adopted on October 17, 1994. (2) Rule 233, adopted on October 6, 1994. (F) Yolo-Solano Air Quality Management District. (1) Rule 3.1, adopted on February 23, 1994. (2) Previously approved on July 7, 1997 in paragraph (c)(202)(i)(F)(1) of this section and now deleted without replacement Rule 3.1, paragraphs 403 and 406. (203) New and amended regulations for the following APCDs were submitted on October 20, 1994, by the Governor's designee. (i) Incorporation by reference. (A) El Dorado County Air Pollution Control District. (1) Rule 233 adopted on October 18, 1994. (2) Rule 229 adopted on September 27, 1994. (204) New and amended plans and regulations for the following agencies were submitted on November 15, 1994, by the Governor's designee. (i) Incorporation by reference. (A) California Air Resources Board. (1) Title 17, California Code of Regulations, Subchapter 8.5, Consumer Products, Article 1, Antiperspirants and Deodorants, Sections 94500–94506.5 and Article 2, Consumer Products, Sections 94507–94517, adopted on December 27, 1990, August 14, 1991, and September 21, 1992. (2) Title 13, California Code of Regulations, Diesel Fuel Regulations, Sections 2281–2282, adopted on August 22, 1989, June 21, 1990, April 15, 1991, October 15, 1993, and August 24, 1994. (3) Title 13, California Code of Regulations, Reformulated Gasoline Regulations, Sections 2250, 2252, 2253.4, 2254, 2257, 2260, 2261, 2262.1, 2262.2, 2262.3, 2262.4, 2262.5, 2262.6, 2262.7, 2263, 2264, 2266–2272, and 2296, 2297, adopted on April 1, 1991, May 23, 1991, and September 18, 1992. (4) Long Term Measures, Improved Control Technology for Light-Duty Vehicles (Measure M2), Off-Road Industrial Equipment (Diesel), Consumer Products Long-Term Program (Measure CP4), and Additional Measures (Possible Market-Incentive Measures and Possible Operational Measures Applicable to Heavy-Duty Vehicles), as contained in “The California State Implementation Plan for Ozone, Volume II: The Air Resources Board's Mobile Source and Consumer Products Elements,” adopted on November 15, 1994. (5) Mid-Term Measures, Accelerated Ultra-Low Emission Vehicle (ULEV) requirement for Medium-Duty Vehicles (Measure M3), Heavy-Duty Vehicles NOX regulations (Measure M5), Heavy-Duty Gasoline Vehicles lower emission standards (Measure M8), Industrial Equipment, Gas & LPG—3-way catalyst technology (Measure M11), Mid-Term Consumer Products (Measure CP–2), as contained in The California State Implementation Plan for Ozone, Volume II: The Air Resources Board's Mobile Source and Consumer Products Elements, adopted on Nov. 15, 1994. (6) State control measures: Accelerated Retirement of LDV's (Measure M1), Early Introduction of 2g/bhp-hr Heavy Duty Diesel Vehicles (Measure M4), Accelerated Retirement of Heavy-Duty Vehicles (Measure M7), Aerosol Paints (Measure CP3), and California Department of Pesticide Regulation's Pesticide Plan, as contained in “The California State Implementation Plan for Ozone, Volume II: The Air Resources Board's Mobile Source and Consumer Products Elements,” adopted on November 15, 1994, and tables of local agency control measures and revisions to local Rate-of-Progress plan elements as contained in “The California State Implementation Plan for Ozone, Volume IV: “Local Plans,” adopted on November 15, 1994. (B) South Coast Air Quality Management District. (1) Long Term Measures, Advance Technology for Coating Technologies (Measure ADV–CTS–01), Advance Technology for Fugitives (Measure ADV–FUG), Advance Technologies for Process Related Emissions (Measure ADV–PRC), Advance Technologies for Unspecified Stationary Sources (Measure ADV–UNSP), and Advance Technology for Coating Technologies (Measure ADV–CTS–02), as contained in the “1994 Air Quality Management Plan,” adopted on September 9, 1994. (2) Control measures, emissions inventory, modeling, and ozone attainment demonstration, as contained in “1994 Air Quality Management Plan,” adopted on September 9, 1994. (C) San Diego Air Pollution Control District. (1) Emissions inventory, 15% Rate-of-Progress plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment demonstration, as contained in “1994 Ozone Attainment and Rate-of-Progress Plans for San Diego County,” adopted on November 1, 1994. (D) San Joaquin Valley Unified Air Pollution Control District. (1) Control measures, emissions inventory, 15% Rate-of-Progress plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment demonstration, as contained in “San Joaquin Valley Attainment and Rate-of-Progress Plans,” adopted on November 14, 1994. (E) Ventura County Air Pollution Control District. (1) Control measures, emissions inventory, 15% Rate-of-Progress plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment demonstration, as contained in “1994 Air Quality Management Plan for Ventura County,” adopted on November 8, 1994. (F) Mojave Desert Air Quality Management District. (1) Control measures, emissions inventory, modeling, and ozone attainment demonstration, as contained in “Rate-of-Progress and Attainment Demonstration Plans for the Mojave Desert,” adopted on October 26, 1994. (205) New and amended plans for the following APCDs were submitted on December 28, 1994, by the Governor's designee. (i) Incorporation by reference. (A) Kern County Air Pollution Control District. (1) Emissions inventory, modeling, and ozone attainment demonstration, as contained in “Rate-of-Progress and Attainment Demonstration Plans for the Kern County Air Pollution Control District,” adopted on December 1, 1994. (B) Bay Area Air Quality Management District. (1) Amendments to the San Francisco Bay Area Redesignation Request and Maintenance Plan for the National Ozone Standard and 1990 Emissions Inventory adopted on September 7, 1994 by the Bay Area Air Quality Management District, October 5, 1994 by the Metropolitan Transportation Commission, and August 24, 1994 by the Association of Bay Area Governments. (2) Federal General Conformity Regulation, adopted on September 7, 1994. (206) Amended rule for the following APCD was submitted on November 23, 1994, by the Governor's designee. (i) Incorporation by reference. (A) San Diego County Air Pollution Control District. (1) Rule 67.3, adopted on November 1, 1994. (207) New and amended regulations for the following APCDs were submitted on November 30, 1994, by the Governor's designee. (i) Incorporation by reference. (A) Placer County Air Pollution Control District. (1) Rule 223, adopted on October 6, 1994. (2) Rules 101, 102, 103, 201, 202, 203, 204, 208, 209, 210, 211, 213, 214, 217, 219, 220, 221, 222, 225, 226, 228, 406, 407, and 408, adopted on October 19, 1993; deletion of 104 for Lake Tahoe Air Basin and Mountain Counties Air Basin submitted on 08/21/ 79 and 10/15/79, respectively. (B) El Dorado County Air Pollution Control District. (1) Rule 224, adopted on September 27, 1994. (2) Rule 231, adopted September 27, 1994. (3) Rule 215, adopted on September 27, 1994. (4) Rules 225 and 230 adopted September 27, 1994. (5) Rule 502, adopted on November 8, 1994. (C) Yolo-Solano Air Quality Management District. (1) Rule 2.21, adopted on March 23, 1994. (2) Rule 2.28, adopted on May 25, 1994. (3) Rules 2.25 and 2.33, adopted April 27, 1994 and September 14, 1994, respectively. (4) Rule 2.13 adopted May 25, 1994. (5) Rule 2.35, adopted on September 14, 1994. (6) Rule 2.29, adopted on May 25, 1994. (7) Rule 2.31, adopted on April 27, 1994. (8) Rule 2.23 adopted on March 23, 1994. (D) Mojave Desert Air Quality Management District. (1) Rule 1102, adopted October 26, 1994. (2) Rule 1104 adopted September 28, 1994. (3) Rule 1157 and Rule 1160, adopted on October 26, 1994. (E) Monterey Bay Unified Air Pollution Control District. (1) Rule 419, adopted on November 23, 1994. (2) Appendix G General Conformity, adopted on October 19, 1994. (F) Great Basin Unified Air Pollution Control District. (1) Regulation XIII, adopted on October 5, 1994. (G) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 9110, adopted on October 20, 1994. (H) Santa Barbara County Air Pollution Control District. (1) Rule 702, adopted on October 20, 1994. (I) South Coast Air Quality Management District. (1) Rule 1901, adopted on September 9, 1994. (208) New and amended regulations for the following APCDs were submitted on December 19, 1994, by the Governor's designee. (i) Incorporation by reference. (A) Placer County Air Pollution Control District. (1) Rule 410, adopted on November 3, 1994. (2) Rule 212, adopted on November 3, 1994. (209) Redesignation Request and Ozone Maintenance Plan for the redesignation of the Monterey Bay Unified Air Pollution Control District submitted on July 14, 1994 and November 14, 1994, respectively, by the Governor's designee. (i) Incorporation by reference. (A) Maintenance Plan for the redesignation of the Monterey Bay Area adopted on October 19, 1994 by the Monterey Bay Unified Air Pollution Control District, October 12, 1994 by the Association of Monterey Bay Area Governments, and October 6, 1994 by the Council of San Benito County Governments. (210) New and amended regulations for the following APCDs were submitted on December 22, 1994 by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Rule 8–45, adopted on November 2, 1994. (B) San Diego County Air Pollution Control District. (1) Rule 67.18, adopted on December 13, 1994. (C) Mojave Desert Air Quality Management District. (1) Rule 1103, adopted on December 21, 1994. (2) Rule 471, adopted on December 21, 1994. (D) Monterey Bay Unified Air Pollution Control District. (1) Rule 1002, adopted on November 23, 1994. (E) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4651, adopted on December 17, 1992. (F) Feather River Air Quality Management District. (1) Rule 10.4, adopted on November 7, 1994. (G) Placer County Air Pollution Control District. (1) Rule 508, adopted on November 3, 1994. (H) Sacramento Metropolitan Air Quality Management District. (1) Rule 104, adopted on November 3, 1994. (211) Revised Clean Air Plans for ozone for the following APCDs submitted on November 14, 1994, by the Governor's designee. (i) Incorporation by reference. (A) Santa Barbara Air Pollution Control District (1) TCM–5, Improve Commuter Public Transit Service, adopted on November 2, 1994 (2) Emissions inventory, 15% Rate-of-Progress plan, and control measures, as contained in “1994 Clean Air Plan for Santa Barbara County,” adopted on November 2, 1994. (212) Ozone redesignation request for the Bay Area Air Quality Management District submitted on November 5, 1993, by the Governor's designee. (i) Incorporation by reference. (A) Redesignation request for the San Francisco Bay Area and the Ozone Maintenance Plan for the National Ozone Standard adopted on September 1, 1993 by the Bay Area Air Quality Management District, September 22, 1993 by the Metropolitan Transportation Commission, and September 16, 1993 by the Association of Bay Area Governments. (213) California Statewide emission inventory submitted on March 30, 1995, by the Governor's designee. (i) Incorporation by reference. (A) California Air Resources Board. (1) 1990 Base-Year Emission Inventory for Ozone Nonattainment Areas in California. (i) Sacramento, San Diego, San Joaquin Valley, South Coast, Southeast desert, Ventura. (ii) Santa Barbara. (iii) Monterey Bay Area. (214) New and amended regulations for the following APCDs were submitted on January 24, 1995, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1151, adopted on December 9, 1994. (B) San Diego County Air Pollution Control District. (1) Rule 61.1 adopted on January 10, 1995. (C) Santa Barbara County Air Pollution Control District. (1) Rule 337, adopted October 20, 1994. (2) Rule 344, adopted on November 10, 1994. (D) Ventura County Air Pollution Control District. (1) Rule 74.15, adopted on November 8, 1994. (2) Rule 74.26 and Rule 74.27, adopted on November 8, 1994. (E) Placer County Air Pollution Control District. (1) Rule 215, adopted on November 3, 1994. (215) New and amended regulations for the following APCDs were submitted on February 24, 1995, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rules 1125 and 1126, adopted on January 13, 1995. (2) Rule 1153 adopted on January 13, 1995. (3) Rule 1106, adopted on January 13, 1995. (4) Rule 1164, adopted on January 13, 1995. (5) Rule 1124, adopted January 13, 1995. (6) Previously approved on July 14, 1995 and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rule 1106. (7) Previously approved on June 13, 1995 in paragraph (c)(215)(i)(A)(1) of this section and now deleted without replacement for implementation in the Antelope Valley Air Quality Management District Rules 1125 and 1126. (B) Ventura County Air Pollution Control District. (1) Rule 74.12 adopted on January 10, 1995. (2) Rule 71 and Rule 71.5, adopted on December 13, 1994. (3) Rule 74.18 adopted December 13, 1994. (C) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4403, adopted on February 16, 1995. (D) Yolo-Solano Air Pollution Control District. (1) Rule 2.26 adopted November 9, 1994. (2) Rule 2.37 adopted on November 9, 1994. (E) Imperial County Air Pollution Control District. (1) Rule 925, adopted on November 29, 1994. (F) Monterey Bay Unified Air Pollution Control District. (1) Rule 421 adopted on December 21, 1994. (216) New and amended regulations for the following APCDs were submitted on March 31, 1995, by the Governor's designee. (i) Incorporation by reference. (A) Mojave Desert Air Quality Management District. (1) Rule 1116, adopted on February 22, 1995. (2) Rule 221, adopted December 21, 1994. (3) Rule 1159, adopted on February 22, 1995. (4) Rule 1114 adopted February 22, 1995. (B) Bay Area Air Quality Management District. (1) Amended Regulation 2, Rule 1, Section 129 adopted on February 1, 1995; Amended Regulation 2, Rule 6, Sections 232, 234, 310, 311, 403, 404, 420, 421, 422, 423 adopted on February 1, 1995. (217) New and amended regulations for the following APCDs were submitted on February 28, 1994, by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Amended Regulation 2, Rule 1, Sections 102, 129, 204, 213, 214, 215, 216, 217, 218, 219, 302, 408, 411 adopted November 3, 1993; and New Regulation 2, Rule 6, Sections 206, 207, 210, 212, 213, 214, 218, 222, 230, 231, 301, 311, 401, 402, 403, 404, 420, 421, 422, 602 adopted November 3, 1993. (B) Lake County Air Pollution Control District. (1) New Regulation 12, section 12.200 (a4), (c2), (d1), (d2), (d3), (e3), (f1), (f2), (m1), (o1), (p1), (p2), (s3), and sections 12.800–12.850, adopted October 19, 1993. (C) South Coast Air Quality Management District. (1) Rules 204, 206, and 210 amended on October 8, 1993. (218) New and amended regulations for the Bay Area Air Quality Management District were submitted on April 29, 1994 by the Governor's designee. (i) Incorporation by reference. (A) New Regulation 2, Rule 6, Sections 310 and 423 adopted November 3, 1993. (219) New and amended regulations for the following APCDs were submitted on April 13, 1995, by the Governor's designee. (i) Incorporation by reference. (A) Santa Barbara County Air Pollution Control District. (1) Rule 339, adopted December 15, 1994. (220) New and amended regulations for the following APCDs were submitted on May 24, 1995, by the Governor's designee. (i) Incorporation by reference. (A) Santa Barbara County Air Pollution Control District. (1) Rule 323, adopted March 16, 1995. (B) Placer County Air Pollution Control District. (1) Rule 218, adopted on February 9, 1995. (2) Rule 236 adopted on February 9, 1995. (3) Rule 244, adopted on February 9, 1995. (C) South Coast Air Quality Management District. (1) Rule 1121, adopted on March 10, 1995. (D) San Diego County Air Pollution Control District. (1) Rule 1501, adopted on March 7, 1995. (E) Ventura County Air Pollution Control District. (1) Rule 34 adopted on March 14, 1995. (221) New and amended regulations for the following APCDs were submitted on May 25, 1995 by the Governor's designee. (i) Incorporation by reference. (A) Kern County Air Pollution Control District. (1) Rule 411 and Rule 413, adopted on April 6, 1995. (2) Rule 410.4, adopted on April 6, 1995. (3) Rule 425.2, adopted on April 6, 1995. (B) Butte County Air Quality Management District. (1) Rule 1103, adopted on February 16, 1995. (222) New and amended regulations for the following APCDs were submitted on June 16, 1995, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rules 1107, 1115, and 1171 adopted on May 12, 1995. (2) Previously approved on July 14, 1995 and now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District Rule 1115. (B) El Dorado County Air Pollution Control District. (1) Rule 234, adopted on April 25, 1995. (C) Sacramento Metropolitan Air Quality Management District. (1) Rule 411, adopted on February 2, 1995. (2) Rule 413, adopted on April 6, 1995. (3) Rule 412, adopted on June 1, 1995. (D) San Diego County Air Pollution Control District. (1) Rule 67.24, adopted on March 7, 1995. (E) Butte County Air Quality Management District. (1) Rule 403, adopted on November 9, 1993. (223) Revised ozone transportation control measure (TCM) for the San Joaquin Valley submitted on March 2, 1995, by the Governor's designee. (i) Incorporation by reference. (A) Railroad Grade Separations TCM, adopted on September 14, 1994. (224) New and amended regulations for the following APCDs were submitted on August 10, 1995, by the Governor's designee. (i) Incorporation by reference. (A) Sacramento Metropolitan Air Quality Management District. (1) Rule 448 and rule 449, adopted on February 2, 1995. (B) Ventura County Air Pollution Control District. (1) Rule 70, adopted on May 9, 1995. (2) Rule 220, adopted on May 9, 1995. (3) Rule 74.5.2, adopted on May 5, 1995. (C) Mojave Desert Air Quality Management District. (1) Rules 1400, 1401, 1402, 1404. Adopted on June 28, 1995. (2) Rule 103 amended on June 28, 1995. (D) Monterey Bay Unified Air Pollution Control District. (1) Rule 436, adopted on May 17, 1995. (E) Santa Barbara County Air Pollution Control District. (1) Amended Rule 370 adopted on June 15, 1995. (225) New and amended regulations for the following APCDs were submitted on October 13, 1995 by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rules 1130 and 1136 adopted September 8, 1995. (2) Rule 462, revised on June 9, 1995. (3) Rule 1166, adopted on July 14, 1995. (4) Rule 1149, adopted on December 4, 1987 and amended on July 14, 1995. (B) Placer County Air Pollution Control District. (1) Rule 238, adopted June 8, 1995. (2) Rule 212, adopted on June 8, 1995. (3) Rule 239, revised June 8, 1995. (4) Rule 235, adopted on June 8, 1995. (5) Rule 216 adopted on June 8, 1995. (C) El Dorado County Air Pollution Control District. (1) Rules 236 and 237, adopted on July 25, 1995 and June 27, 1995, respectively. (2) Rule 235 adopted on June 27, 1995. (3) Rule 520 adopted on June 27, 1995. (D) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4602, adopted June 15, 1995. (E) Monterey Bay Unified Air Pollution Control District. (1) Rule 431, adopted on August 16, 1995. (F) Santa Barbara County Air Pollution Control District. (1) Rule 330, adopted on April 21, 1995. (G) Ventura County Air Pollution Control District. (1) Rule 74.15.1 revised on June 13, 1995. (2) Rules 10, 11, 12, 13, 14, 15 and 16 adopted on June 13, 1995. (H) Mohave Desert Air Quality Management District. (1) Rule 222, adopted on July 31, 1995. (226) Air Quality Management Plan for the following APCD was submitted on September 11, 1991, by the Governor's designee. (i) Incorporation by reference. (A) Great Basin Unified Air Pollution Control District. (1) Air Quality Management Plan for the Mammoth Lakes PM–10 Planning Area adopted December 12, 1990. (227) New regulation for the following APCD was submitted on October 18, 1995, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 2530, adopted on June 15, 1995. (228) Air Quality Management Plans for the following APCD were submitted on January 9, 1992, by the Governor's designee. (i) Incorporation by reference. (A) Great Basin Unified Air Pollution Control District. (1) Revisions to the Air Quality Management Plan for Mammoth Lakes PM–10 Planning Area adopted November 6, 1991. (i) Rule 431 adopted November 6, 1991. (ii) Town of Mammoth Lakes Municipal Code Chapter 8.30 dated October 2, 1991. (229) New and amended regulations for the following APCDs were submitted on January 31, 1996, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 461, adopted on September 8, 1995. (2) Rule 701, adopted on September 9, 1995. (230) New and amended regulations for the following APCDs were submitted on March 26, 1996, by the Governors designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Rule 74.7, adopted on October 10, 1995. (2) Rule 74.23, adopted on October 10, 1995. (3) Rule 74.29, adopted on October 10, 1995. (B) South Coast Air Quality Management District. (1) Rule 1134, adopted on December 7, 1995. (2) Rule 102 amended on November 17, 1995. (C) Kern County Air Pollution Control District. (1) Rule 427, adopted on January 25, 1996. (2) Rule 427 adopted on July 2, 1998. (D) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4352, amended on October 19, 1995. (2) Rule 4304 adopted on October 19, 1995. (3) Rule 4351 adopted on October 19, 1995. (E) Butte County Air Quality Management District. (1) Rule 422, adopted on September 18, 1990. (2) Previously approved on May 2, 2001 in paragraph (c)(230)(i)(E)(1) of this section and now deleted without replacement Rule 422. (231) New and amended regulations for the following APCDs were submitted on May 10, 1996, by the Governor's designee. (i) Incorporation by reference. (A) Monterey Bay Unified APCD. (1) Rules 207 and 215, adopted on March 20, 1996. (B) Kern County Air Pollution Control District. (1) Rule 102 and Rule 410.3, adopted on March 7, 1996. (2) Rule 410.1, Rule 410.5, Rule 411, and Rule 414.5 amended on March 7, 1996. (3) Rule 414, adopted on March 7, 1996. (4) Rule 410.4A, adopted on May 6, 1991 and amended on March 7, 1996 and Rule 410.7, adopted on June 29, 1981 and amended on March 7, 1996. (5) [Reserved] (6) Rule 410.4, adopted on June 26, 1979 and amended on March 7, 1996. (7) Rules 413 adopted on April 18, 1972 and Rule 414.1 adopted on January 9, 1979, both amended on March 7, 1996. (C) Mojave Desert Air Quality Management District. (1) Rule 2002, adopted on October 26, 1994. (D) Butte County Air Quality Management District. (1) Rule 1105, adopted on February 15, 1996. (E) Great Basin Unified Air Pollution Control District. (1) Rules 218 and 219, adopted on December 4, 1995. (232) New regulations for the following APCD were submitted on March 21, 1994, by the Governor's designee: (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Regulation XX, adopted October 15, 1993. (2) Previously approved on November 8, 1996 now deleted without replacement for implementation in the Antelope Valley Air Pollution Control District, Regulation XX. (233) New and amended plans for the following agencies were submitted on December 29, 1994, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) 15% Rate-of-Progress plan and Post-1996 Rate-of-Progress plan for the Los Angeles-South Coast Air Basin Area, as contained in the “Rate-of-Progress Plan Revision: South Coast Air Basin & Antelope Valley & Coachella/San Jacinto Planning Area,” adopted on December 9, 1994. (B) Sacramento Metropolitan Air Quality Management District. (1) Emissions inventory, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment demonstration, as contained in “Sacramento Area Attainment and Rate-of-Progress Plans,” adopted by Sacramento Metropolitan Air Quality Management District on December 1, 1994; by Feather River Air Quality Management District on December 12, 1994; by El Dorado County Air Pollution Control District on December 13, 1994; by Yolo-Solano Air Pollution Control District on December 14, 1994; and by Placer County Air Pollution Control District on December 20, 1994. (234) The California Vehicle Inspection and Maintenance Program was submitted on January 22, 1996, by the Governor's designee. (i) Incorporation by reference. (A) California Air Resources Board. (1) Motor Vehicle Inspection and Maintenance Program adopted on January 22, 1996. (i) Health and Safety Code: Division 26, Part 5 §39032.5; Chapter 5. Motor Vehicle Inspection Program, Article 1, Article 2, Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, Article 9. (ii) Business and Professions Code, Chapter 20.3, Automotive Repair, Article 4, §9886, §9886.1, §9886.2, §9886.4. (iii) Vehicle Code §4000.1, §4000.2, §4000.3, §4000.6. (iv) Title 16, California Code or Regulations, Division 33, Bureau of Automotive Repair, Article 5.5, Motor Vehicle Inspection Program, §3340.1, §3340.5, §3340.6, §3340.10, §3340.15, §3340.16, §3340.16.5, §3340.16.6, §3340.17, §3340.18, §3340.22, §3340.22.1, §3340.22.2, §3340.22.3, §3340.23, §3340.24, §3340.28, §3340.29, §3340.30, §3340.31, §3340.32, §3340.32.1, §3340.33, §3340.33.1, §3340.35, §3340.35, §3340.36, §3340.41, §3340.41.3, §3340.41.5, §3340.42, §3340.42.1., §3340.50, §3340.50.1, §3340.50.3, §3340.50.4, §3340.50.5. (235) New and amended regulations for the following APCD were submitted on December 10, 1993, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4901, adopted on July 15, 1993. (236) New and amended plans for the following agencies were submitted on June 13, 1996, by the Governor's designee. (i) Incorporation by reference. (A) California Air Resources Board. (1) Letter dated June 13, 1996, from James D. Boyd to David Howekamp, including “Corrections to State and Local Measures” (Attachment A) and “Summary Emission Reduction Spreadsheets” (Attachment C). (237) New and amended plans for the following agencies were submitted on July 10, 1996, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Revised rule adoption schedule, adopted on April 12, 1996. (238) New and amended plans for the following agencies were submitted on July 12, 1996, by the Governor's designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) “Revised Rule Adoption and Implementation Schedule” (Table 4–2) and “Architectural Coatings” (Appendix E–95, Tables E–43 and E–45) contained in “Ventura County 1995 Air Quality Management Plan Revision,” adopted on December 19, 1995. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Post-1996 Rate-of-Progress plan, as contained in “San Joaquin Valley Revised Post-1996 Rate-of-Progress Plans,” adopted on September 20, 1995. (239) New and amended regulations for the following APCDs were submitted on July 23, 1996, by the Governor's designee: (i) Incorporation by reference. (A) Mojave Desert Air Quality Management District. (1) Rules 1300–1306, adopted on March 25, 1996. (2) Rule 1115, adopted on March 2, 1992, and amended on April 22, 1996. (B) South Coast Air Quality Management District. (1) Rule 1128, adopted on May 4, 1979 and amended on March 8, 1996, and Rule 1130, adopted on October 3, 1980 and amended on March 8, 1996. (C) Kern County Air Pollution Control District. (1) Rules 101, 112, 113, 114, and 115 amended on May 2, 1996. (2) Rules 108 and 108.1 adopted on May 2, 1996. (D) Ventura County Air Pollution Control District. (1) Rule 2 amended on April 9, 1996. (E) Bay Area Air Quality Management District. (1) Rule 9–7 adopted on September 15, 1993, Rule 9–8 adopted on January 20, 1993, Rule 9–9 adopted on September 21, 1994, and Rule 9–12 adopted on January 19, 1994. (2) Rule 8–4, Rule 8–11, Rule 8–12, Rule 8–13, Rule 8–14, Rule 8–19, Rule 8–20, Rule 8–23, Rule 8–29, Rule 8–31, Rule 8–32, Rule 8–38, Rule 8–43, Rule 8–45, Rule 8–50 amended on December 20, 1995. (3) Rule 8–3, adopted on March 1, 1978, revised on December 20, 1995. (4) Rule 9–11 amended November 15, 1995. (5) Rule 8–26, adopted on May 7, 1980 and amended on December 20, 1995. (6) Rule 9–10 adopted on January 5, 1994. (7) Manual of Procedures, volume I, section 5, adopted on September 16, 1993. (F) San Joaquin Valley Unified Air Pollution Control District. (1) Rules 8010, 8020, 8030, 8040, 8060, and 8070 adopted on April 25, 1996. (240) New and amended regulations for the following APCD were submitted on August 28, 1996 by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rules 212, 1301, 1302, 1309, 1309.1, 1310, and 1313, adopted on December 7, 1995, Rule 1303, adopted on May 10, 1996, and Rules 1304 and 1306, adopted on June 14, 1996. (2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2011, 2011—Appendix A, 2012, 2012—Appendix A, and 2015 adopted on October 15, 1993 and amended on December 7, 1995. (3) Rule 2012(j)(3)—Testing Guidelines (Protocol) for Alternative Nitrogen Oxides Emission Rate Determination at Process Units, dated March 31, 1994, adopted on December 7, 1995. (4) Rule 2005 adopted on October 15, 1993 and amended on May 10, 1996. (5) Rule 1136 adopted on September 16, 1983 and amended on June 14, 1996. (241) New and amended regulations for the following APCD were submitted on October 18, 1996 by the Governor's designee. (i) Incorporation by reference. (A) San Diego County Air Pollution Control District. (1) Rules 2, Definitions; 67.0, Architectural Coatings; 67.1, Alternative Emission Control Plans; 67.2, Dry Cleaning Equipment Using Petroleum-Based Solvents; 67.3, Metal Parts and Products Coating Operations; 67.5, Paper, Film, and Fabric Coating Operations; 67.7, Cutback and Emulsified Asphalts; 67.12, Polyester Resin Operations; 67.15, Pharmaceutical and Cosmetic Manufacturing Operations; 67.16, Graphic Arts Operations; 67.17, Storage of Materials Containing Volatile Organic Compounds; 67.18, Marine Coating Operations; and 67.24, Bakery Ovens, adopted on May 15, 1996. (2) Rule 67.4, revised on May 15, 1996. (3) Rule 66, adopted on July 1, 1972, revised on July 25, 1995. (4) Rule 19.3 adopted on May 15, 1996. (5) Rule 67.19, adopted May 15, 1996. (B) Yolo-Solano Air Quality Management District. (1) Rule 2.27, revised on August 14, 1996. (C) Ventura County Air Pollution Control District. (1) Rule 74.19.1, adopted on June 11, 1996. (2) Rules 74.6.1, 74.6.2, and 74.6.3, adopted on July 9, 1996. (3) Rule 23 adopted on July 9, 1996. (D) Kern County Air Pollution Control District. (1) Rules 416 and 417, adopted on April 18, 1972 and amended on July 11, 1996. (242) New and amended regulations for the following APCDs were submitted on November 26, 1996, by the Governor's designee. (i) Incorporation by reference. (A) Mojave Desert AQMD. (1) Rule 1118, adopted on October 28, 1996. (B) South Coast Air Quality Management District. (1) Rule 1113, adopted on September 2, 1977 and amended on November 8, 1996. (2) Rule 1176, adopted on November 3, 1989 and amended on September 13, 1996. (243) Transportation Air Quality Conformity Procedures and Transportation Conformity Consultation Procedures for the following AQMD were submitted on December 16, 1996, by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) “The San Francisco Bay Area Transportation Air Quality Conformity Procedures,” which includes sections 93.100-93.104 and sections 93.106–93.136, adopted on November 6, 1996. (2) “The San Francisco Bay Area Transportation Air Quality Conformity Interagency Consultation Procedures,” adopted on November 6, 1996. (244) New and amended regulations for the following APCDs were submitted on March 3, 1997, by the Governor's designee. (i) Incorporation by reference. (A) Monterey Bay Unified Air Pollution Control District. (1) Rule 101 revised on November 13, 1996. (2) Rule 404, adopted on October 16, 1996. (3) Rule 207, amended on December 18, 1996. (4) Rule 434, adopted on December 18, 1996. (5) Rule 426 revised December 18, 1996. (B) San Diego County Air Pollution Control District. (1) Amended Rule 10, adopted July 25, 1995. (C) Mojave Desert Air Quality Management District. (1) Rule 1114 adopted on March 2, 1992 and amended on November 25, 1996. (D) South Coast Air Quality Management District. (1) Rule 1130.1, adopted on August 2, 1991 and amended on December 13, 1996. (E) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 6030 adopted on May 21, 1992; amended on November 13, 1996. (2) Rule 4305 adopted on December 19, 1996. (F) Santa Barbara County Air Pollution Control District. (1) Rule 323 revised July 18, 1996. (G) Ventura County Air Pollution Control District. (1) Rules 74.12, 74.13, 74.18, 74.19, 74.24, and 74.30, amended on September 10, 1996. (2) Rule 74.20, revised on January 14, 1997. (245) New and amended regulations for the following APCDs were submitted on March 26, 1997, by the Governor's designee. (i) Incorporation by reference. (A) Yolo-Solano Air Quality Management District. (1) Rule 3.4, adopted on December 11, 1996. (B) San Diego County Air Pollution Control District. (1) Amended Rule 21, adopted November 29, 1994. (C) Monterey Bay Unified Air Pollution Control District. (1) Rule 430, amended on January 15, 1997. (2) Previously approved on February 9, 1999 in (245)(i)(C)(l) and now deleted without replacement Rule 430. (246) New and amended regulations for the following APCDs were submitted on October 28, 1996, by the Governor's designee. (i) Incorporation by reference. (A) Northern Sierra Air Quality Management District. (1) Rules 101, 202, 203, 204, 206, 207, 208, 209, 210, 221, 222, 223, 225, 300, 301, 314, 315, and 317, adopted on September 11, 1991, Rule 102 adopted on May 11, 1994, Rule 313 adopted on June 10, 1992, and Rule 316 adopted on August 14, 1996. (2) Rule 211, adopted on September 11, 1991. (3) Previously approved on September 16, 1997 in paragraph (c)(246)(i)(A)(1) of this section and now deleted without replacement, Rule 223. (247) New and amended plans for the following agency were submitted on February 5, 1997, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Carbon monoxide emissions inventory, VMT forecasts and commitments to monitor actual VMT levels and revise and replace the VMT projections as needed in the future, as contained in the South Coast 1997 Air Quality Management Plan. (2) Nitrogen dioxide attainment plan and maintenance plan, as contained in the South Coast 1997 Air Quality Management Plan, adopted on November 15, 1996. (3) Baseline and projected emissions inventories and ozone attainment demonstration, as contained in the South Coast 1997 Air Quality Management Plan for ozone. (4) Baseline and projected emissions inventories, SCAQMD commitment to adopt and implement control measures, reasonable further progress, contingency measures, attainment demonstration, PM–10 attainment date extension request to December 31, 2006, as contained in the South Coast 1997 Air Quality Management Plan, with respect to PM–10. (5) SCAQMD commitment to adopt and implement control measures, as contained in the Coachella Request for Redesignation and Maintenance Plan for PM–10. (248) New and amended regulations for the following APCDs were submitted on August 1, 1997, by the Governor's designee. (i) Incorporation by reference. (A) San Diego County Air Pollution Control District (1) Rule 67.10 adopted on June 25, 1997. (2) Rule 67.9, adopted on April 30, 1997. (3) Rules 52, 53, 54, amended on January 27, 1997. (B) South Coast AQMD. (1) Rule 1124, adopted on December 13, 1996. (2) Rule 403, amended on February 14, 1997, and Rule 1186, adopted on February 14, 1997. (3) Rule 1145, adopted on July 8, 1983 and amended on February 14, 1997. (C) Placer County Air Pollution Control District. (1) Rule 239, adopted on November 3, 1994 and amended on February 13, 1997. (D) Mojave Desert Air Quality Management District. (1) Rule 1157, amended May 19, 1997. (E) Ventura County Air Pollution Control District. (1) Rule 70 revised on May 13, 1997. (F) Bay Area Air Quality Management District. (1) Regulation 8, Rule 45, adopted on November 6, 1996. (249) New and amended regulations for the following APCD's were submitted on September 8, 1997, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1122, adopted on March 2, 1979 and amended on July 11, 1997. (2) Rule 701, amended on June 13, 1997. (B) Kern County Air Pollution Control District. (1) Rule 425.2 adopted on October 13, 1994 and amended on July 10, 1997. (250) New regulations for the following APCD were submitted on October 31, 1997, by the Governor's designee. (i) Incorporation by reference. (A) Santa Barbara County Air Pollution Control District. (1) Rule 1301 adopted on September 18, 1997. (251) New and amended plans for the following agency were submitted on November 5, 1997, by the Governor's designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Commitments to adopt and implement control measures contained in the Ventura 1997 Air Quality Management Plan, adopted on October 21, 1997. (252) Air Quality Management Plan for the following APCD was submitted on December 28, 1992, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Federal 1992 Air Quality Attainment Plan for Carbon Monoxide and Appendices adopted on November 18, 1992. (253) Carbon Monoxide Redesignation Request and Maintenance Plan for ten federal planning areas submitted on July 3, 1996, by the Governor's designee. (i) Incorporation by reference. (A) California Air Resources Board. (1) Carbon Monoxide Redesignation Request and Maintenance Plan for the following areas: Bakersfield Metropolitan Area, Chico Urbanized Area, Fresno Urbanized Area, Lake Tahoe North Shore, Lake Tahoe South Shore, Modesto Urbanized Area, Sacramento Area, San Diego Area, San Francisco-Oakland-San Jose Area, and Stockton Urbanized Area adopted on April 26, 1996. (254) New and amended regulations for the following APCDs were submitted on March 10, 1998, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District (1) Rule 4401 adopted on January 15, 1998. (2) Rule 4605, adopted on December 19, 1991 and amended on December 19, 1996. (3) Rules 4602 and 4607, adopted on April 11, 1991 and amended on September 17, 1997. (4) Rule 4661, adopted on December 17, 1992. (5) Rule 4701 adopted on December 19, 1996, and Rule 4703 adopted on October 16, 1997. (B) Northern Sonoma County Air Pollution Control District. (1) Rule 130 amended on July 25, 1995. (C) Santa Barbara County Air Pollution Control District. (1) Rule 102 amended on April 17, 1998. (2) Rule 339, adopted on November 5, 1991 and revised on April 17, 1997. (3) Rule 321, adopted on February 24, 1971 and revised on September 18, 1997. (4) Rule 342 amended on April 17, 1997. (5) Rule 316 revised on April 17, 1997. (D) South Coast Air Quality Management District. (1) Rule 102 amended on June 13, 1997. (2) Rule 1151, adopted on July 8, 1988 and amended on June 13, 1997, and Rule 1171, adopted on August 2, 1991 and amended on June 13, 1997. (3) Rule 1302, amended December 7, 1995. (4) Rule 1134 adopted on August 8, 1997. (5) Rule 1138, adopted on November 14, 1997. (E) Antelope Valley Air Pollution Control District. (1) Resolution No. 97–01 dated July 1, 1997. (2) Rules 101 and 102 amended on August 19, 1997 and Rule 103 amended on September 16, 1997. (3) Rules 201, 203, 204, 205, and 217, adopted on January 9, 1976 and amended on August 19, 1997. (F) Bay Area Air Quality Management District. (1) Regulation 5, adopted on November 2, 1994. (G) Monterey Bay Unified Air Pollution Control District. (1) Rule 431, adopted on December 17, 1997. (H) Mojave Desert Air Quality Management District. (1) Rules 474, 475, and 476 adopted on August 25, 1997. (2) Rule 1158, adopted on February 22, 1995 and amended on August 25, 1997. (I) Sacramento Metropolitan Air Quality Management District. (1) Rule 414, adopted August 1, 1996. (J) Lake County Air Quality Management District. (1) Rule 640, as amended on July 15, 1997; and Rule 1350, adopted on October 15, 1996. (2) Sections (Rules) 433, adopted on July 15, 1997. (K) Ventura County Air Pollution Control District. (1) Rule 59, adopted on October 6, 1969 and amended on July 15, 1997. (L) Great Basin Unified Air Pollution Control District. (1) Rule 432, adopted on May 8, 1996. (255) New and amended regulations for the following APCD's were submitted on May 18, 1998, by the Governor's designee. (i) Incorporation by reference. (A) Sacramento Metropolitan Air Quality Management District. (1) Rule 450, adopted on July 23, 1981 and amended on December 5, 1996, and Rule 459, adopted on December 7, 1995 and amended on October 2, 1997. (2) Rules 101, 442, 443, 447, 452, 456, and 458, adopted on September 5, 1996. (3) Rule 454, adopted on June 5, 1979 and amended on April 3, 1997. (4) Rule 413, amended May 1, 1997. (5) Rule 449, adopted on April 3, 1997. (B) North Coast Unified Air Quality Management District. (1) Rule 130 amended September 26, 1997. (C) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 1020, amended December 18, 1997. (D) Lake County Air Quality Management District. (1) Rule 1002, as amended on March 19, 1996. (2) Section (Rule) 439.5, adopted on July 15, 1997. (E) Placer County Air Pollution Control District. (1) Rule 102, adopted June 19, 1997. (F) South Coast Air Quality Management District. (1) Rule 1146.2, adopted on January 9, 1998. (G) Ventura County Air Pollution Control District. (1) Rules 26.1, 26.2, 26.3, 26.4, 26.5, 26.6 and 26.10 adopted on January 13, 1998. (256) New and amended regulations for the following APCDs were submitted on June 23, 1998, by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Regulation 1, revised on November 3, 1993. (2) Rule 8–51, adopted on November 18, 1992 and amended on January 7, 1998. (B) San Diego County Air Pollution Control District. (1) Rule 50, adopted on August 13, 1997. (C) Kern County Air Pollution Control District. (1) Rule 410.3, adopted on June 26, 1979 and revised on May 7, 1998. (2) Rule 409, adopted on April 18, 1972, as amended on May 7, 1998. (D) Antelope Valley Air Pollution Control District. (1) Rule 701 was amended on January 20, 1998. (E) El Dorado County Pollution Control District . (1) Rule 239 adopted on March 24, 1998. (F) Ventura County Air Pollution Control District. (1) Rule 74.10, adopted on September 29, 1981 and amended on March 10, 1998. (G) Sacramento Metropolitan Air Quality Management District. (1) Rule 447 amended on April 2, 1998. (257) Plan revisions for the Coachella Valley Planning Area were submitted on February 16, 1995, by the Governor's designee. (i) Incorporation by reference. (A) Fugitive dust control ordinances for: City of Cathedral City Ordinance No. 377, adopted on February 18, 1993; City of Coachella Ordinance No. 715, adopted on October 6, 1993; City of Desert Hot Springs Ordinance No. 93–2, adopted on May 18, 1993; City of Indian Wells Ordinance No. 313, adopted on February 4, 1993; City of Indio Ordinance No. 1138, adopted on March 17, 1993; City of La Quinta Ordinance No. 219, adopted on December 15, 1992; City of Palm Desert Ordinance No. 701, adopted on January 14, 1993; City of Palm Springs Ordinance No. 1439, adopted on April 21, 1993; City of Rancho Mirage Ordinance No. 575, adopted on August 5, 1993; and County of Riverside Ordinance No. 742, adopted on January 4, 1994. (258) New and amended regulations for the following APCD's were submitted on June 3, 1997, by the Governor's designee. (i) Incorporation by reference. (A) Monterey Bay Unified Air Pollution Control District. (1) Rule 433, adopted on June 15, 1994 and revised on March 26, 1997. (2) Rule 215, amended on March 26, 1997. (3) Rule 425, adopted on March 26, 1997. (259) New and amended regulations for the following APCDs were submitted on December 3, 1998, by the Governor's designee. (i) Incorporation by reference. (A) Yolo-Solano Air Quality Management District. (1) Rule 10.3, adopted on February 8, 1995. (260) New and amended regulations for the following APCDs were submitted on October 27, 1998, by the Governor's designee. (i) Incorporation by reference. (A) Sacramento Metropolitan Air Quality Management District. (1) Rule 101, amended on September 3, 1998. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 2020 adopted on September 17, 1998. (C) Kern County Air Pollution Control District. (1) Rule 208, originally adopted on April 18, 1972, amended on September 17, 1998. (261) New and amended regulations for the following APCDs were submitted on January 12, 1999, by the Governor's designee. (i) Incorporation by reference. (A) Monterey Bay Unified Air Pollution Control District. (1) Rule 101, adopted November 12, 1998. (262) New and amended regulations for the following APCDs were submitted on February 16, 1999, by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Regulation 1, adopted on October 7, 1998. (2) Previously approved on June 28, 1999 in paragraph (c)(262)(i)(A)(1) of this section and now deleted without replacement Regulation 1, Rules 402 and 402.1. (B) Ventura County Air Pollution Control District. (1) Rule 2, adopted November 10, 1998. (2) Rule 74.24.1, adopted on November 10, 1998. (3) Rule 74.6, revised on November 10, 1998. (C) South Coast Air Quality Management District. (1) Rule 1107, adopted on June 1, 1979 and amended on August 14, 1998. (2) Rule 1151, adopted on December 11, 1998. (D) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4606 adopted on December 19, 1991 and amended on December 17, 1998. (E) Antelope Valley Air Pollution Control District. (1) Rule 1171, adopted on November 17, 1998. (2) [Reserved] (3) Rule 226, adopted on March 17, 1998 and amended on July 21, 1998. (263) New and amended regulations for the following APCDs were submitted on May 13, 1999, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1103, adopted on March 12, 1999. (2) Rule 102 adopted on February 4, 1977 and amended on June 12, 1998. (3) Rules 403 and 1186, amended on December 11, 1998. (B) Santa Barbara County Air Pollution Control District. (1) Rule 102 adopted on January 21, 1999. (2) Rule 351 adopted on August 24, 1993 and amended on August 20, 1998. (C) Sacramento Metropolitan Air Quality Management District. (1) Rule 464, adopted on July 23, 1998. (D) Tehama County Air Pollution Control District. (1) Rule 4:31 adopted on March 14, 1995, Rule 4:34 adopted on June 3, 1997, and Rule 4.37 adopted on April 21, 1998. (2) Rule 4.14 adopted on November 3, 1998. (264) New and amended regulations for the following APCDs were submitted on June 3, 1999, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 462, adopted on May 14, 1999. (2) Rule 1106.1, adopted on May 1, 1992, and amended on February 12, 1999. (B) Yolo-Solano Air Quality Management District. (1) Rule 2.30, adopted on April 14, 1999. (C) Ventura County Air Pollution Control District. (1) Rule 64, adopted on April 13, 1999. (2) Rule 103 adopted on February 9, 1999. (D) Monterey Bay Unified Air Pollution Control District. (1) Rule 1002, adopted on April 21, 1999. (265) New and amended plans for the following agencies were submitted on May 20, 1999, by the Governor's designee. (i) Incorporation by reference. (A) California Air Resources Board. (1) Executive Order G–99–037, dated May 20, 1999, State commitment to continue working with U.S. EPA and the affected parties to achieve the emission reductions identified in the SIP for federal measures, and to adopt by December 31, 2000, and submit as a SIP revision, a revised attainment demonstration for the federal one-hour ozone standard in the South Coast Air Basin, and adopt by December 31, 2001, control measures needed to achieve any additional emission reductions which are determined to be appropriate for ARB; Attachment A, update to the 1994 ozone SIP for the South Coast. (266) New and amended regulations for the following APCDs were submitted on September 29, 1998 by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1168, adopted on April 7, 1989, and amended February 13, 1998. (2) Rule 431.1, adopted on November 4, 1997 and amended on June 12, 1998. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4653, adopted on March 19, 1998. (2) Rule 4354, adopted on April 16, 1998. (3) Rule 2201 adopted on August 20, 1998. (4) Rule 4642, adopted on April 16, 1998. (267) New plan for Owens Valley PM–10 Planning Area for the following agency was submitted on December 10, 1998 by the Governor's designee. (i) Incorporation by reference. (A) Great Basin Unified APCD. (1) Owens Valley PM–10 Planning Area Demonstration of Attainment State Implementation Plan, Section 7–4, Commitment to adopt 2003 SIP Revision and Section 8–2, the Board Order adopted on November 16, 1998 with Exhibit 1. (268) New and amended regulations for the following agencies were submitted on July 23, 1999, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 2005 adopted on April 9, 1999. (B) Mojave Desert Air Quality Management District. (1) Rule 1116 revised on April 26, 1999. (C) Lake County Air Quality Management District. (1) Section (Rule) 226.5, adopted on September 13, 1988. (269) New and amended regulations for the following APCDs were submitted on September 7, 1999, by the Governor's designee. (i) Incorporation by reference. (A) Kern County Air Pollution Control District. (1) Rule 102, adopted on April 18, 1972 and amended on July 1, 1999. (B) San Diego County Air Pollution Control District. (1) Rule 2, adopted on June 30, 1999. (C) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 1020, adopted on June 18, 1992 and amended on June 17, 1999. (2) Rule 4452 adopted on December 17, 1992. (D) South Coast Air Quality Management District. (1) Rule 102, adopted on February 4, 1997 and amended on April 9, 1999. (270) New and amended regulations for the following APCDs were submitted on October 29, 1999, by the Governor's designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Rule 37 adopted September 14, 1999. (B) Monterey Bay Unified Air Pollution Control District. (1) Rule 207, amended on September 15, 1999. (C) South Coast Air Quality Management District. (1) Amended Rule 465, adopted on August 13, 1999. (2) Rule 1104 adopted on April 7, 1978 and amended on August 13, 1999. (3) Rule 1158, adopted on June 11, 1999. (D) Santa Barbara County Air Pollution Control District. (1) Rule 353, adopted on August 19, 1999. (E) Antelope Valley Air Pollution Control District. (1) Rule 1151 adopted on July 20, 1999. (271) New and amended regulations for the following agencies were submitted on August 22, 1997, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 2002 adopted on February 14, 1997. (272) New and amended plan for the following agency was submitted on February 4, 2000, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) SCAQMD commitment to adopt and implement short- and intermediate-term control measures; SCAQMD commitment to adopt and implement long-term control measures; SCAQMD commitment to achieve overall emissions reductions for the years 1999–2008; SCAQMD commitment to implement those measures that had been adopted in regulatory form between November 1994 and September 1999; rate-of-progress plan for the 1999, 2002, 2005, 2008, and 2010 milestone years; amendment to the attainment demonstration in the 1997 Air Quality Management Plan for ozone; and motor vehicle emissions budgets for purposes of transportation conformity, as contained in the 1999 Amendment to the South Coast 1997 Air Quality Management Plan. (2) SCAQMD commitment to adopt and implement control measures, as contained in the 1999 Amendment to the South Coast Air Quality Management Plan, with respect to PM–10. (273) New and amended regulations for the following APCD's were submitted on August 21, 1998, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4621, amended on June 18, 1998. (2) Rule 4622, adopted on June 18, 1998. (274) New and amended regulations for the following APCD were submitted on June 29, 1995, by the Governor's designee. (i) Incorporation by reference. (A) Mojave Desert Air Quality Management District. (1) Rule 1161, adopted on June 28, 1995. (275) New and amended plan for the following agency was submitted on March 19, 1999, by the Governor's designee. (i) Incorporation by reference. (A) Santa Barbara County Air Pollution Control District. (1) Control measures 333, 352, 353, T13, T18, T21, and T22; 1999 rate-of-progress plan; and motor vehicle emissions budgets (cited on page 5–4), as contained in the Santa Barbara 1998 Clean Air Plan. (ii) Additional materials. (A) Santa Barbara County Air Pollution Control District. (1) Baseline and projected emissions inventories, and ozone attainment demonstration, as contained in the Santa Barbara 1998 Clean Air Plan. (276) New and amended regulations for the following APCDs were submitted on February 23, 2000, by the Governor's designee. (i) Incorporation by reference. (A) Monterey Bay Unified Air Pollution Control District. (1) Rules 101 and 102, adopted on December 15, 1999. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4661, adopted on December 9, 1999. (277) New and amended regulations for the following APCDs were submitted on March 28, 2000, by the Governor's designee. (i) Incorporation by reference. (A) Santa Barbara County Air Pollution Control District. (1) Rule 330, adopted on June 11, 1979 and amended on January 20, 2000. (B) Sacramento Metropolitan Air Quality Management District. (1) Rule 701, adopted on May 27, 1999. (C) Bay Area Air Quality Management District. (1) Rule 8–11 adopted on January 24, 1979 and amended on November 19, 1997. (2) Rule 8.20, amended on March 3, 1999. (3) Rule 8–16, adopted on March 7, 1979 and amended on September 15, 1998. (4) Rule 8–40 amended December 15, 1999. (5) Bay Area Air Quality Management District Rule 8–52, adopted on July 7, 1999. (6) Rule 8–7, adopted on November 17, 1999. (7) Rule 8–5 adopted on December 15, 1999 and Rule 8–18 adopted on January 7, 1998. (8) Rule 8–28, adopted on July 16, 1980 and amended on March 18, 1998. (D) South Coast Air Quality Management District. (1) Rule 1121 adopted on December 10, 1999. (278) New and amended regulations for the following APCDs were submitted on January 21, 2000, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1130 amended on October 8, 1999. (2) Rule 1186, adopted on September 10, 1999. (B) Santa Barbara County Air Pollution Control District. (1) Rule 352 adopted on September 16, 1999. (C) Ventura County Air Pollution Control District. (1) Rule 74.11.1 adopted on September 14, 1999. (2) Rules 57 and 68, adopted on June 14, 1977. (279) New and amended regulations for the following APCDs were submitted on May 26, 2000, by the Governor's designee. (i) Incorporation by reference. (A) Imperial County Air Pollution Control District. (1) Rule 426 amended September 14, 1999 (2) Rules 101, 408, 409, 420, 421, 701, and 702, adopted on September 14, 1999. (3) Rule 416, adopted on September 14, 1999. (4) Rules 109 and 110 adopted on September 14, 1999. (5) Rule 427, adopted on September 14, 1999. (6) Rules 100 and 113, adopted on September 14, 1999. (7) Rule 405, adopted on September 14, 1999. (8) Rule 417 adopted on September 14, 1999. (9) Rule 415, adopted on September 14, 1999. (10) Rule 115 adopted on November 19, 1985 and amended on September 14, 1999. (11) Rule 400, revised on September 14, 1999. (B) Monterey Bay Unified Air Pollution Control District. (1) Rule 404, Monterey Bay Unified APCD, adopted on March 22, 2000. (2) Rule 403, adopted on March 22, 2000. (3) Rule 400, adopted July 1, 1969 and amended on March 22, 2000. (280) New and amended regulations for the following APCDs were submitted on July 26, 2000, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1189, adopted on January 21, 2000. (2) Rule 461, adopted on April 21, 2000. (3) Rule 1150.1, adopted on April 5, 1985 and amended on March 17, 2000. (B) El Dorado County Air Pollution Control District. (1) Rule 240, adopted on February 15, 2000. (C) Yolo-Solano Air Quality Management District. (1) Rule 1.1, revised on August 13, 1997. (2) Rule 101, adopted on February 15, 2000. (281) New and amended regulations for the following APCDs were submitted on May 23, 2001, by the Governor's designee. (i) Incorporation by reference. (A) El Dorado County Air Pollution Control District. (1) Rules 238, 244, and 245, adopted on March 27, 2001. (2) Rule 229, adopted on January 23, 2001. (B) Monterey Bay Unified Air Pollution Control District. (1) Rule 213 adopted on March 21, 2001. (282) New and amended regulations for the following APCDs were submitted on May 31, 2001, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rules 1631, 1632, 1633, and 2507 adopted on May 11, 2001. (2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2010, 2011, 2012, 2015, and 2020 adopted on May 11, 2001; and Rules 2011–2 and 2012–2 adopted on March 16, 2001. (B) Bay Area Air Quality Management District. (1) Rule 8–51, revised on May 2, 2001. (283) San Francisco Bay Area Ozone Attainment Plan for the 1-Hour National Ozone Standard, June 1999, was submitted on August 13, 1999 by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Tables 10 and 12 of the San Francisco Bay Area Ozone Attainment Plan for the 1-Hour National Ozone Standard, June 1999, which detail the commitment to adopt and implement any combination of new control measures to achieve 11 ton per day reduction in VOC emissions by June 2000. (2) Contingency measures, Table 18, “Post-Attainment Year (2000–2003) Inventory Reductions Reflected in the SIP”. (284) New and amended regulations for the following APCDs were submitted on May 8, 2001, by the Governor's designee. (i) Incorporation by reference. (A) Monterey Bay Unified Air Pollution Control District. (1) Rules 429 adopted on September 16, 1987 and amended on January 17, 2001 and Rule 434 adopted on June 15, 1994 and amended on January 17, 2001. (2) Rules 418 and 419, adopted on December 13, 2000. (3) Rule 416, adopted on September 1, 1974 and amended on January 17, 2001. (4) Rule 433, adopted on January 17, 2001. (B) South Coast Air Quality Management District. (1)Rule 1612.1 adopted on March 16, 2001. (2) Rule 1146, adopted on November 17, 2000. (3) Rule 442 adopted on May 7, 1976 and amended on December 15, 2000. (4) Rule 1102, adopted on January 6, 1978 and amended on November 17, 2000. (5) Rule 1131 adopted on September 15, 2000. (6) Rule 1132, adopted on January 19, 2001. (C) Santa Barbara County Air Pollution Control District. (1) Rule 326 adopted on December 14, 1993, and amended on January 18, 2001. (2) Rule 346, adopted on January 18, 2001. (D) Ventura County Air Pollution Control District. (1) Rule 74.9, adopted on July 21, 1981 and amended on November 14, 2000. (2) Rule 70, adopted on November 14, 2000. (285) New and amended regulations for the following APCDs were submitted on December 11, 2000 by Governor's designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Rule 74.15.1, adopted on June 13, 2000. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4603 adopted on April 11, 1991 and amended on September 21, 2000. (C) Bay Area Air Quality Management District. (1) Rule 9–11, adopted on May 17, 2000. (2) Regulation 8, Rule 34, adopted on October 6, 1999. (D) Antelope Valley Air Pollution Control District. (1) Rule 701, adopted on July 18, 2000. (E) San Diego County Air Pollution Control District. (1) Rule 61.2, amended on July 26, 2000. (286) New and amended regulations for the following APCDs were submitted on March 14, 2001 by Governor's designee. (i) Incorporation by reference. (A) South Coast AQMD. (1) Rule 109 amended on August 18, 2000, Rule 481 amended on November 17, 2000, Rule 1107 amended on November 17, 2000, Rule 1141.1 amended on November 17, 2000, Rule 1141.2 amended on November 17, 2000, and Rule 1162 amended on November 17, 2000. (2) Rule 1168, amended on September 15, 2000. (3) Rule 1141 adopted on July 8, 1983, and amended on November 17, 2000. (287) New and amended regulations for the following APCD were submitted on November 8, 2001 by the Governor's designee. (i) Incorporation by reference. (A) Mojave Desert Air Quality Management District. (1) Rule 1161 adopted on October 22, 2001. (288) New and amended regulations for the following APCDs were submitted on October 30, 2001, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rules 4103 and 4106, adopted on June 21, 2001. (B) Lake County Air Quality Management District. (1) Sections [Rules] 203, 204.5, 208.3, 208.8, 226.4, 226.5, 240.8, 246, 248.3, 248.5, 249.5, 251.7, 270, 431, 431.5, 433, 434, 1000, 1001, 1003, 1105, 1107, 1130, 1140, 1145, 1150, 1160, and 1170, adopted on June 19, 2001. (C) Ventura County Air Pollution Control District. (1) Rule 74.19 adopted on August 11, 1992 and amended on April 10, 2001. (D) Imperial County Air Pollution Control District. (1) Rules 412 and 413 adopted on January 16, 2001. (2) Rule 403, adopted on November 19, 1985 and revised on July 24, 2001. (E) South Coast Air Quality Management District. (1) Rule 2005 adopted on April 20, 2001. (289) New and amended regulation for the following AQMD were submitted on November 28, 2001, by the Governor's designee. (i) Incorporation by reference. (A) Yolo-Solano Air Quality Management District. (1) Rule 2.32 adopted on October 10, 2001. (290) New and amended regulations for the following APCDs were submitted on December 14, 2001, by the Governor's designee. (i) Incorporation by reference. (A) Kern County Air Pollution Control District. (1) Rule 427, adopted on November 1, 2001. (291) [Reserved] (292) New and amended regulations for the following APCDs were submitted on November 7, 2001, by the Governor's designee. (i) Incorporation by reference. (A) Monterey Bay Air Pollution Control District. (1) Rule 431, adopted on October 17, 2001. (B) Santa Barbara County Air Pollution Control District. (1) Rule 325 adopted on January 25, 1994, and amended on July 19, 2001. (293) New and amended regulations for the following APCDs were submitted on January 22, 2002, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rules 208 and 444, adopted on December 21, 2001. (2) Rule 1124 adopted on July 6, 1979, and amended on September 21, 2001. (3) Rule 1634, adopted on November 9, 2001. (B) Yolo-Solano Air Quality Management District. (1) Rule 2.14, adopted on November 14, 2001. (294) New and amended regulations for the following APCD were submitted on February 20, 2002, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4653, amended on December 20, 2001. (2) Rule 4603 adopted on April 11, 1991, and amended on December 20, 2001. (3) Rule 4602 adopted on April 11, 1991 and amended on December 20, 2001; Rule 4604 adopted on April 11, 1991 and amended on December 20, 2001; Rule 4606 adopted on December 19, 1991 and amended on December 20, 2001; Rule 4607 adopted on April 11, 1991 and amended on December 20, 2001; and, Rule 4684 adopted on May 19, 1994 and amended on December 20, 2001. (4) Rule 4661, adopted on May 21, 1992 and amended on December 20, 2001, Rule 4662, adopted April 11, 1991 and amended on December 20, 2001, and Rule 4663, adopted on December 20, 2001. (5) Rule 4605 adopted on December 19, 1991 and amended on December 20, 2001. (295) New and amended regulations for the following APCD were submitted on February 8, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Tehama County Air Pollution Control District. (1) Rules 4:31 and 4:37 adopted on January 29, 2002. (296) New and amended regulations for the following APCD were submitted on November 9, 2001, by the Governor's designee. (i) Incorporation by reference. (A) El Dorado County Air Pollution Control District. (1) Rule 244 adopted on March 27, 2001, and amended on September 25, 2001. (2) Rule 232, adopted on October 18, 1994 and amended on September 25, 2001. (297) New and amended regulations for the following APCDs were submitted on March 15, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Rule 74.6, adopted on January 8, 2002. (2) Rule 74.29 adopted on October 10, 1995, and amended on January 8, 2002. (3) Rule 74.24.1 adopted on November 10, 1998, and amended on January 8, 2002. (4) Rule 74.23, adopted on January 8, 2002. (5) Rule 74.2, adopted on November 13, 2001. (B) Imperial County Air Pollution Control District. (1) Rule 101, adopted on July 28, 1981 and amended on December 11, 2001. (C) South Coast Air Quality Management District. (1) Rule 1107 adopted on June 1, 1979, and amended on November 9, 2001. (2) Rule 518.2 adopted on January 12, 1996, amended on December 21, 2001. (D) Monterey Bay Unified Air Pollution Control District. (1) Rule 427, adopted on January 16, 1980 and amended on December 19, 2001. (2) Rule 417 adopted on September 1, 1974, and amended on December 19, 2001. (E) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4601, adopted on October 31, 2001. (2) Rule 4623, adopted on April 11, 1991 and amended on December 20, 2001. (F) Santa Barbara County Air Pollution Control District. (1) Rule 323, adopted on November 15, 2001. (298) New and amended contingency measures for the following APCDs were submitted on May 29, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Santa Barbara County Air Pollution Control District. (1) 2001 Clean Air Plan Contingency Control Measures R–SC–1 (Architectural Coatings); N–IC–1 and N–IC–3 (Control of Emissions from Reciprocating Internal Combustion Engines); N–XC–2 (Large Water Heaters and Small Boilers, Steam Generators, and Process Heaters); R–SL–2 (Solvent Degreasers) [incorrectly identified as CAP Control Measure R–SL–1 in Table 4–3, “Proposed APCD Control Measures”]; R–SL–2 (Solvent Cleaning Operations); N–IC–2 (Gas Turbines); R–SL–4 (Electronic Industry—Semiconductor Manufacturing); N–XC–4 (Small Industrial and Commercial Boilers, Steam Generators, and Process Heaters), adopted on November 15, 2001. (299) Amended regulation for the following APCD was submitted on July 2, 2002, by the Governor's designee. (i) Incorporation by reference. (A) El Dorado County Air Pollution Control District. (1) Rule 233, adopted on October 18, 1994, and amended on June 11, 2002. (300) Amended regulations for the following APCDs were submitted on June 18, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Mojave Desert Air Quality Management District. (1) Rule 1161 amended on March 25, 2002. (B) Bay Area Air Quality Management District. (1) Rule 8–3, adopted on November 21, 2001. (C) Monterey Bay Unified Air Pollution Control District. (1) Rule 426, adopted on April 17, 2002. (D) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4703 adopted on April 25, 2002. (301) Amended regulation for the following APCD was submitted on March 5, 2002, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4354, adopted September 14, 1994 and amended February 21, 2002. (302) New and amended regulations for the following APCDs were submitted on October 16, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Imperial County Air Pollution Control District. (1) Rule 701, revised on August 13, 2002. (2) Rule 101, adopted on August 13, 2002. (3) Rule 420 adopted on November 11, 1985, and amended on August 13, 2002. (B) Monterey Bay Unified Air Pollution Control District. (1) Rule 408, adopted on September 1, 1974 and revised on August 21, 2002. (2) Rule 415, adopted on August 21, 2002. (3) Rule 414, adopted on August 21, 2002. (4) Rules 412 and 413, adopted on September 1, 1974 and revised on August 21, 2002. (303) New and amended regulations for the following APCDs were submitted on August 6, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Santa Barbara County Air Pollution Control District. (1) Rule 401, adopted on October 18, 1971 and revised on May 16, 2002. (B) Yolo Solano Air Quality Management District. (1) Rule 2.22, revised on June 12, 2002. (2) Rule 2.21, adopted on March 23, 1994 and amended on June 12, 2002. (C) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4311 adopted on June 20, 2002. (2) Rule 4661, adopted on May 16, 2002. (3) Rule 4693, adopted on May 16, 2002. (304) New and amended regulations for the following APCD were submitted on December 6, 2001, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rules 8011, 8021, 8031, 8041, 8051, 8061, 8071, and 8081, adopted on November 15, 2001. (305) Amended regulations for the following APCD were submitted on May 20, 2002 by the Governor's designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Rules 10, 26.1, 26.2, 26.3, 26.4, 26.6, and 26.11 adopted on May 14, 2002. (306) The following plan was submitted on December 5, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Kern County Air Pollution Control District. (1) PM–10 (Respirable Dust) Attainment Demonstration, Maintenance Plan, and Redesignation Request (excluding pages 4–1, 4–2, 6–1, 6–2, Appendix A, and pages D–12 through D–37 of Appendix D) adopted on September 5, 2002. (B) California Air Resources Board, California. (1) California Air Resources Board Executive Order G–125–295 adopted on December 4, 2002. (307) New and amended regulations for the following APCDs were submitted on November 19, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Sacramento Metropolitan Air Quality Management District. (1) Rule 449, adopted on February 5, 1975 and amended on September 26, 2002. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4622, adopted on May 21, 1992 and amended on September 19, 2002. (C) San Diego County Air Pollution Control District. (1) Rule 101, adopted on September 25, 2002. (2) Rule 67.11.1, adopted on September 25, 2002. (D) South Coast Air Quality Management District. (1) Rule 1137 adopted on February 1, 2002. (308) New and amended regulations for the following APCDs were submitted on December 12, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Rule 8–7, amended on November 6, 2002. (B) Lake County Air Quality Management District. (1) Sections 226.5, 232.1, 238.5, 249.3, 250.5, 433.5, 436, and 436.5, adopted on October 1, 2002 and Sections 431.5, 431.7, 432.5, and 433, amended on October 1, 2002. (C) Sacramento Metropolitan Air Quality Management District. (1) Rule 307, adopted on September 26, 2002. (D) South Coast Air Quality Management District. (1) Rule 1631, amended on October 4, 2002. (309) New and amended plan for the following agency was submitted on November 18, 2002, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District (SCAQMD). (1) SCAQMD commitment to adopt and implement control measures, and reasonable further progress, as contained in the Implementation Status of the PM–10 Portion of the 1997 AQMP and PM–10 Emissions Budgets for Transportation Conformity use (2002 status report) adopted by SCAQMD on June 7, 2002. (2) Baseline and projected emissions inventories, SCAQMD commitment to adopt and implement control measures, reasonable further progress, contingency measures, attainment demonstration, PM–10 attainment date extension, and motor vehicle emissions budgets, as contained in Chapters 3, 4, 5, 6 and 8 of the 2002 Coachella Valley PM–10 SIP adopted by SCAQMD on June 21, 2002, and the 2002 Coachella Valley PM–10 SIP Addendum (Appendix E) adopted by SCAQMD on September 13, 2002. (310) New and amended rules for the following districts were submitted on May 21, 2002, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4692, adopted on March 21, 2002. (B) South Coast Air Quality Management District. (1) Rule 1178 adopted on December 21, 2001; Rule 481 adopted on October 7, 1977 and amended on January 11, 2002; and, Rule 1141.2 adopted on July 6, 1984 and amended on January 11, 2002. (311) New and amended rules for the following districts were submitted on December 23, 2002, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1171, adopted on August 2, 1991 and amended on August 2, 2002. (2) Previously approved on June 3, 2003 in paragraph (c)(311)(i)(A)(1) of this section and now deleted without replacement, Subsection (c)(1) (July 1, 2005 VOC limits) of Rule 1171. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rules 2020 and 2201 adopted on December 19, 2002. (312) New and amended rules for the following districts were submitted on January 21, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Rules 8.5 and 8.18, amended on November 27, 2002, and adopted on January 1, 1978 and October 1, 1980, respectively. (B) Santa Barbara County Air Pollution Control District. (1) Rule 360, adopted on October 17, 2002. (313) New and amended plan for the following agency was submitted on December 20, 2002, by the Governor's designee. (i) Incorporation by reference. (A) San Diego County Air Pollution Control District. (1) Ozone Redesignation Request and Maintenance Plan for San Diego County, including motor vehicle emissions budgets for 2010 and 2014, Resolution #02–389, adopted on December 11, 2002. (314) New and amended plan for the following agency was submitted on February 21, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Santa Barbara County Air Pollution Control District. (1) Emission Inventories, 1-hour ozone maintenance demonstration, commitments to continue ambient monitoring and to track progress, and contingency measures, as contained in the Final 2001 Clean Air Plan adopted on December 19, 2002. (315) New and amended regulations for the following APCDs were submitted on April 1, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District. (1) Rule 8–4, amended on October 16, 2002 and Rule 8–16, adopted on March 7, 1979 and amended on October 16, 2002. (2) Rule 8–31 adopted on September 7, 1983 and amended on October 16, 2002; and Rule 8–43 adopted on November 23, 1988 and amended on October 16, 2002. (3) Rule 8–14, adopted on March 7, 1979 and amended on October 16, 2002; and Rule 8–19, adopted on January 9, 1980 and amended on October 16, 2002. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4408, adopted on December 19, 2002. (2) Rule 4610, adopted on December 19, 2002. (C) Mojave Desert Air Quality Management District. (1) Rule 1113, adopted on February 24, 2003. (316) New and amended regulations for the following APCDs were submitted on June 5, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Kern County Air Pollution Control District. (1) Rule 417, originally adopted on April 18, 1972, amended on March 13, 2003. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4313, adopted on March 27, 2003. (C) San Diego County Air Pollution Control District. (1) Rule 67.3 adopted on May 9, 1979 and amended on April 9, 2003. (D) South Coast Air Quality Management District. (1) Rule 1133 adopted on January 10, 2003; Rule 1133.1 adopted on January 10, 2003; and, Rule 1133.2 adopted on January 10, 2003. (E) Yolo-Solano Air Quality Management District. (1) Rule 2.33, revised on March 12, 2003. (F) Antelope Valley Air Quality Management District. (1) Rule 1113, adopted on March 18, 2003. (317) The plan and amended regulation for the following APCD were submitted on August 19, 2003, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4901, adopted on July 15, 1993 and amended on July 17, 2003. (2) 2003 PM10 Plan, San Joaquin Valley Plan to Attain Federal Standards for Particulate Matter 10 Microns and Smaller (all except “Contingency Control Measures” section, pages 4–53 to 4–55), adopted on June 19, 2003, and “Regional Transportation Planning Agency Commitments for Implementation,” dated April 2003 (Volume 3). (318) Amended regulation for the following APCD was submitted on September 19, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District. (1) Rule 74.20, adopted on September 9, 2003. (319) Amended regulation for the following APCD was submitted on November 14, 2003, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1168, amended on October 3, 2003. (320) New and amended regulations for the following APCDs were submitted on August 11, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Monterey Bay Unified Air Pollution Control District. (1) Rule 438, adopted on April 16, 2003. (2) Rule 1002, adopted on February 22, 1989 and revised on April 16, 2003. (3) Rule 418, adopted on September 1, 1974 and revised on April 16, 2003. (4) Rule 101, adopted on April 16, 2003. (B) South Coast Air Quality Management District. (1) Rule 109 adopted on May 5, 1989 and amended on May 2, 2003; and, Rule 1131 adopted on September 15, 2000 and amended on June 6, 2003. (C) Santa Barbara County Air Pollution Control District. (1) Rule 102, adopted on June 19, 2003. (321) New and amended regulations for the following APCDs were submitted on November 4, 2003, by the Governor's designee. (i) Incorporation by reference. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4902, adopted on June 17, 1993. Editorial Note: The following paragraph (B) (1) was added at 69 FR 21715, Apr. 22, 2004. (B) Kern County Air Pollution Control District. (1) Rules 108 and 417, originally adopted on April 18, 1972, amended on July 24, 2003. (C) Great Basin Air Pollution Control District. (1) Rule 101, adopted on September 24, 2003. (2) Rule 406, adopted on January 21, 1976 and revised on September 24, 2003. (3) Rule 407, adopted on September 5, 1974 and revised on September 24, 2003. (D) San Diego County Air Pollution Control District. (1) Rule 69.4, adopted on September 27, 1994 and amended on July 30, 2003. (322) New and amended plan for the following agency was submitted on December 9, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Kern County Air Pollution Control District. (1) East Kern County Ozone Attainment Demonstration, Maintenance Plan and Redesignation Request, adopted on May 1, 2003: Chapter 5—“Regional Forecast,” including emissions inventory summary (Table 5–1) and motor vehicle emissions budgets (Table 5–2); Chapter 6—“Emission Control Measures,” including contingency measures (Table 6–1); and Appendix B—“Emission Inventories.” (323) The following plan was submitted on November 30, 2001 by the Governor's designee. (i) Incorporation by reference. (A) Bay Area Air Quality Management District (1) San Francisco Bay Area Ozone Attainment Plan for the 1-hour National Ozone Standard (Section 3: Emission Inventory; Section 5: Control Strategy, except subsection “Demonstrating Reasonable Further Progress” Appendix B: Control Measure Descriptions; Appendix C: Reasonably Available Control Measure Analysis; Appendix E: Further Study Measure Descriptions;) adopted on October 24, 2001. (324) Amended regulation for the following AQMD was submitted on April 1, 2004, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 1132, adopted on January 19, 2001 and amended on March 5, 2004. (325) Amended regulations for the following APCD were submitted on September 29, 2003, by the Governor's Designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rules 4305 and 4351 adopted on August 21, 2003, and Rule 4306 adopted on September 18, 2003. (326) Amended regulations for the following APCD were submitted on October 9, 2003, by the Governor's Designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rules 4701 and 4702 adopted on August 21, 2003. (327) The following plan was submitted on December 30, 2003 by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Amendments to the 2003 San Joaquin Valley Plan to Attain Federal Standards for Particulate Matter 10 Microns and Smaller, adopted December 18, 2003. (328) Amended regulations for the following APCDs were submitted on January 15, 2004, by the Governor's Designee. (i) Incorporation by reference. (A) Ventura County Air Pollution Control District (1) Rule 70, adopted on June 25, 1974 and revised on November 11, 2003. (2) Rule 56, adopted on October 22, 1968 and amended on November 11, 2003. (B) South Coast Air Quality Management District. (1) Rule 1171, adopted on November 7, 2003. (2) Previously approved on July 27, 2004 in paragraph (c)(328)(i)(B)(1) of this section and now deleted without replacement, Subsection (c)(1) (July 1, 2005 VOC limits) of Rule 1171. (C) Monterey Bay Unified Air Pollution Control District. (1) Rule 400, adopted on July 1, 1969, and amended on October 15, 2003. (329) Amended regulations for the following APCDs were submitted on February 20, 2004, by the Governor's Designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rules 2007, 2011 including protocol for Rule 2011, and 2012 including protocol for Rule 2012 amended on December 5, 2003. (330) The following plan was submitted on April 10, 2003 by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Amended 2002 and 2005 Ozone Rate of Progress Plan for San Joaquin Valley, adopted on December 19, 2002. (i) Appendix E, “Regional Transportation Planning Agency Commitments for Implementation.” (331) New and amended regulations for the following APCDs were submitted on June 3, 2004, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4610 amended on April 17, 2003. (2) Rule 4604, adopted on April 11, 1991, and amended on January 15, 2004. (B) South Coast Air Quality Management District. (1) Rule 461, originally adopted on January 9, 1976 and amended on January 9, 2004. (2) Rule 1105.1, adopted on November 7, 2003. (332) Amended regulations for the following APCDs were submitted on July 19, 2004, by the Governor's designee. (i) Incorporation by reference. (A) Imperial County Air Pollution Control District. (1) Rule 403, adopted on November 19, 1985 and revised on May 18, 2004 and Rule 405, adopted prior to November 4, 1977 and revised on May 18, 2004. (2) Rule 415, originally adopted on November 4, 1977 and revised on May 18, 2004. (3) Rule 425, adopted on August 5, 1989, and amended on May 18, 2004. (B) Ventura County Air Pollution Control District. (1) Rule 2, adopted on October 22, 1968, and amended on April 13, 2004. (2) Rules 50, 52, and 53, adopted on July 2, 1968 and revised on April 13, 2004. (3) Rules 68 and 102, adopted on May 23, 1972 and revised on April 13, 2004. (333) New and amended regulations for the following AQMD were submitted on July 29, 2004, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District. (1) Rule 2015 adopted on October 15, 1993 and amended on June 4, 2004. (2) Amended Rules 403 (except for subdivision h), 403.1 (except for subdivision j), and 1186, as adopted on April 2, 2004. (334) New and amended regulations for the following APCDs were submitted on September 23, 2004, by the Governor's designee. (i) Incorporation by reference. (A) Kern County Air Pollution Control District. (1) Rule 416.1, adopted on July 8, 2004. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4550 and the List of Conservation Management Practices, adopted on May 20, 2004, re-adopted on August 19, 2004. (2) Rules 8011, 8021, 8031, 8041, 8051, and 8061, amended on August 19, 2004 and Rules 8071 and 8081, amended on September 16, 2004. (335) New and amended regulations for the following APCDs were submitted on January 13, 2005, by the Governor's designee. (i) Incorporation by reference. (A) Monterey Bay Unified Air Pollution Control District. (1) Rule 408, adopted on September 1, 1974 and revised on September 15, 2004. (2) Rule 438, adopted on April 16, 2003 and revised on September 15, 2004. (3) Rule 404, adopted on December 15, 2004. (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4103, adopted on June 18, 1992 and amended on September 16, 2004. (C) Ventura County Air Pollution Control District. (1) Rule 74.25, adopted on October 12, 2004. (D) South Coast Air Quality Management District. (1) Rule 1122, adopted on October 1, 2004. (336) New and amended regulations for the following APCDs were submitted on April 26, 2005, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4101, adopted on May 21, 1992, and amended on February 17, 2005. (B) Ventura County Air Pollution Control District. (1) Rules 74.6, 74.6.1, 74.12, 74.13, 74.19, 74.19.1, 74.24, and 74.30, adopted on November 11, 2003. (C) Imperial County Air Pollution Control District. (1) Rule 101, adopted on January 11, 2005. (D) Santa Barbara County Air Pollution Control District. (1) Rule 102, adopted on January 20, 2005. (337) New and amended regulations for the following APCDs were submitted on July 15, 2005, by the Governor's designee. (i) Incorporation by reference. (A) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4623, adopted on April 11, 1991 and amended on May 19, 2005. (B) Ventura County Air Pollution Control District. (1) Rule 74.14, adopted on November 24, 1987 and revised on April 12, 2005. (338) New and amended regulations for the following agency were submitted on March 13, 2002, by the Governor's designee. (i) Incorporation by reference. (A) California Air Resources Board. (1) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Consumer Products, Article 3, Aerosol Coating Products, Sections 94520 to 94528, and Subchapter 8.6, Maximum Incremental Reactivity, Article 1, Tables of Maximum Incremental Reactivity (MIR) Values, Sections 94700 to 94701, both adopted on May 1, 2001. (339) New and amended plans for the following agency were submitted on January 9, 2004, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District (SCAQMD). (1) South Coast 2003 Air Quality Management Plan (AQMP), as adopted by SCAQMD on August 1, 2003, and by California Air Resources Board on October 23, 2003. (i) Baseline and projected emissions inventories in AQMP Chapter III Tables 3–1A and 3–3A, in Appendix III Tables A–1, A–2, A–3, A–5, and A–7, and in Appendix V Attachment 4; SCAQMD commitment to adopt and implement control measures CMB–07, CMB–09, WST–01, WST–02, PRC–03, BCM–07, BCM–08, MSC–04, MSC–06, TCB–01 in AQMP Chapter 4 Table 4–8A, and in Appendix IV–A); PM–10 reasonable further progress in AQMP Chapter 6, Table 6–1 and in Appendix V Chapter 2; contingency measures CTY–01, CTY–14, TCB–01 in Appendix IV–A Section 2; PM–10 attainment demonstration in AQMP Chapter 5, and in Appendix V Chapter 2; and motor vehicle emissions budgets in “2003 South Coast AQMP On-Road Motor Vehicle Emissions Budgets.” (2) 2003 Coachella Valley PM–10 State Implementation Plan, as adopted by SCAQMD on August 1, 2003, and by California Air Resources Board on October 23, 2003. (i) Baseline and projected emissions inventories in Tables 2–2, 2–3, 2–4, and 2–5; reasonable further progress in Tables 2–9 and 2–7; attainment demonstration in Chapter 3; and motor vehicle emissions budgets in “2003 Coachella Valley PM–10 SIP On-Road Motor Vehicle Emissions Budgets.” (340) New and amended rules for the following agencies were submitted on November 16, 2004, by the Governor's designee. (i) Incorporation by reference. (A) South Coast Air Quality Management District (SCAQMD). (1) Amended Handbooks for Rules 403 (Chapters 5, 7, and 8) and 403.1 (Chapters 2, 3, 4, and 7), as adopted on April 2, 2004. (B) Plan revisions for the Coachella Valley Planning Area. (1) Fugitive dust control ordinances for: City of Cathedral City Ordinance No. 583 (1/14/04), City of Coachella Ordinance No. 896 (10/8/03), City of Desert Hot Springs Ordinance No. 2003–16 (10/7/03), City of Indian Wells Ordinance No. 545 (11/6/03), City of Indio Ordinance No. 1357 (12/3/03), City of La Quinta Ordinance No. 391 (12/2/03), City of Palm Desert Ordinance No. 1056 (11/13/03), City of Palm Springs Ordinance No. 1639 (11/5/03), City of Rancho Mirage Ordinances No. 855 (12/18/03) and No. 863 (4/29/04), and County of Riverside Ordinance No. 742.1 (1/13/04). (341) The 2004 Revision to the California State Implementation Plan for Carbon Monoxide, Updated Carbon Monoxide Maintenance Plan for the Ten Federal Planning Areas, submitted on November 8, 2004 by the Governor's designee. (i) Incorporation by reference. (A) California Air Resources Board. (1) 2004 Revision to the California State Implementation Plan for Carbon Monoxide, Updated Maintenance Plan for Ten Federal Planning Areas, adopted by the California Air Resources Board on July 22, 2004. The ten Federal planning areas include Bakersfield Metropolitan Area, Chico Urbanized Area, Fresno Urbanized Area, Lake Tahoe North Shore Area, Lake Tahoe South Shore Area, Modesto Urbanized Area, Sacramento Urbanized Area, San Diego Area, San Francisco-Oakland-San Jose Area, and Stockton Urbanized Area. (342) New and amended regulations for the following APCDs were submitted on October 20, 2005, by the Governor's designee. (i) Incorporation by reference. (A) [Reserved] [37 FR 10850, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.220, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.221 Classification of regions. top The California plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- North Coast Intrastate............................... II III III III III San Francisco Bay Area Intrastate.................... II II III I I North Central Coast Intrastate....................... II III III III I South Central Coast Intrastate....................... III III III III III Metropolitan Los Angeles Intrastate.................. I II I I I Northeast Plateau Intrastate......................... III III III III III Sacramento Valley Intrastate......................... II III III I I San Joaquin Valley Intrastate........................ I III III I I Great Basin Valley Intrastate........................ III III III III III Southeast Desert Intrastate.......................... I III III III I San Diego Intrastate................................. II III III I I Lake County Intrastate............................... II III III III III Lake Tahoe Intrastate................................ II III III I I Mountain Counties Intrastate......................... II III III I I ---------------------------------------------------------------------------------------------------------------- [37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 46 FR 3884, Jan. 16, 1981] § 52.222 Negative declarations. top (a) The following air pollution control districts submitted negative declarations for volatile organic compound source categories to satisfy the requirements of section 182 of the Clean Air Act, as amended. The following negative declarations are approved as additional information to the State Implementation Plan. (1) Mojave Desert Air Quality Management District. (i) Natural Gas and Gasoline Processing Equipment and Chemical Processing and Manufacturing were submitted on July 13, 1994 and adopted on May 25, 1994. (ii) Asphalt Air Blowing was submitted on December 20, 1994 and adopted on October 26, 1994. (iii) Vacuum Producing Devices or Systems was submitted on December 29, 1994 and adopted on December 21, 1994. (iv) Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset Lithography, Industrial Wastewater, Plastic Parts Coating (Business Machines), Plastic Parts (Other), and Ship Building were submitted on August 7, 1995 and adopted on June 28, 1995. (2) Sacramento Metropolitan Air Quality Management District. (i) Plastic Parts Coating: Business Machines and Plastic Parts Coating: Other were submitted on June 6, 1996 and adopted on May 2, 1996. (3) Santa Barbara County Air Pollution Control District. (i) Industrial Wastewater, Plastic Parts Coating: Business Machines, Plastic Parts Coating: Other, Industrial Cleaning Solvents, Offset Lithography, and Shipbuilding Coatings were submitted on July 12, 1996 and adopted on May 16, 1996. (ii) Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch Processing, SOCMI Reactors, and SOCMI Distillation; and Wood Furniture Manufacturing Operations were submitted on April 9, 2002 and adopted on February 21, 2002. (4) Placer County Air Pollution Control District. (i) Aerospace Coatings; Industrial Waste Water Treatment; Plastic Parts Coating: Business Machines; Plastic Parts Coating: Other; Shipbuilding and Repair; Synthetic Organic Chemical Manufacturing, Batch Plants; and Synthetic Organic Chemical Manufacturing, Reactors were submitted on February 25, 1998 and adopted on October 7, 1997. (5) San Diego County Air Pollution Control District. (i) Synthetic organic chemical manufacturing (distillation), synthetic organic chemical manufacturing (reactors), wood furniture, plastic parts coatings (business machines), plastic parts coatings (other), offset lithography, industrial wastewater, autobody refinishing, and volatile organic liquid storage were submitted on February 25, 1998 and adopted on October 22, 1997. (6) Antelope Valley Air Pollution Control District. (i) Motor Vehicle Assembly Line Coating Operations submitted on January 12, 1999 and adopted on November 18, 1997. (ii) Refinery Process Turnarounds submitted on February 16, 1999 and adopted on November 18, 1997. (iii) Marine Vessel Coating Operations, Marine Tank Vessel Operations, and Thermal Enhanced Oil Recovery Wells submitted on June 23, 1998 and adopted on January 20, 1998. (iv) Pharmaceuticals and Cosmetic Manufacturing Operations submitted on March 28, 2000 and adopted on January 18, 2000. (v) Metal Container, Closure and Coil Coating Operations and Magnet Wire Coating Operations submitted on June 3, 2004 and adopted on February 17, 2004. (vi) Control of Volatile Compound Emissions from Resin Manufacturing and Surfactant Manufacturing submitted on July 19, 2004 and adopted on March 16, 2004. (7) El Dorado County Air Pollution Control District. (i) Bulk Terminal Facilities or External or Internal Floating Roof Tank Sources was submitted on May 23, 2001 and adopted on April 3, 2001. (b) The following air pollution control districts submitted negative declarations for oxides of nitrogen source categories to satisfy the requirements of section 182 of the Clean Air Act, as amended. The following negative declarations are approved as additional information to the State Implementation Plan. (1) Sacramento Metropolitan Air Quality Management District. (i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers, Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and Steel Manufacturing Plants were submitted on March 4, 1996, and adopted on August 3, 1995. (2) San Joaquin Valley Unified Air Pollution Control District. (i) Nitric and Adipic Acid Manufacturing Plants, Cement Manufacturing Plants, Asphalt Batch Plants, Iron and Steel Manufacturing Plants, and Driers were submitted on October 17, 1994 and adopted on September 14, 1994. (3) Placer County Air Pollution Control District. (i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers, Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and Steel Manufacturing Plants were submitted on February 25, 1998 and adopted on October 9, 1997. (4) Antelope Valley Air Pollution Control District. (i) Boilers and Process Heaters In Petroleum Refineries submitted on May 13, 1999 and adopted on April 21, 1998. (ii) Cement Kilns and Glass Melting Furnaces submitted on July 23, 1999 and adopted on March 16, 1999. (iii) Nitric Acid Units submitted on March 28, 2000 and adopted on January 18, 2000. [60 FR 47076, Sept. 11, 1995 as amended at 61 FR 56474, 56476, Nov. 1, 1996; 62 FR 40937, July 31, 1997; 62 FR 43647, Aug. 15, 1997; 63 FR 50766, 50769, Sept. 23, 1998; 65 FR 31270, May 17, 2000; 65 FR 66177, Nov. 3, 2000; 66 FR 44978, Aug. 27, 2001; 67 FR 54741, Aug. 26, 2002; 69 FR 56357, Sept. 21, 2004] § 52.223 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves California's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. (b) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the State Implementation Plan (SIP) depends on the adoption and submittal of reasonably available control technology (RACT) requirements by July 1, 1980, for sources covered by Control Technique Guidelines (CTGs) issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. (1) Imperial County for O3. (2) North Central Coast Air Basin for O3. (3) South Coast Air Basin for O3, CO, NO2, and PM. (4) San Diego Air Basin for O3, CO, and TSP. (5) San Joaquin Valley Air Basin. (i) Kern County nonattainment area for ozone, CO, SO2, and PM. (ii) Kings County for O3 and TSP. (iii) Madera County for O3 and TSP. (iv) Merced County for O3 and TSP. (v) San Joaquin County for CO, O3 and TSP. (vi) Stanislaus County for CO, O3 and TSP. (vii) Tulare County for O3 and TSP. (viii) Fresno County for O3, CO, and TSP. (6) South Central Coast Air Basin. (i) Santa Barbara County nonattainment area for O3, CO and TSP. (ii) Ventura County for O3, CO and TSP. (7) Sacramento Valley Air Basin. (i) Butte County for O3 and CO. (ii) Sutter County for O3. (iii) Yuba County for O3. (iv) Sacramento AQMA for O3. (v) Sacramento County Metropolitan Area for CO. (8) Southeast Desert Air Basin. (i) Los Angeles County for Ozone. (ii) San Bernardino County for Ozone. (iii) Riverside County for Ozone. (9) San Francisco Bay Area Air Basin for O3, CO and TSP. (10) Mountain Counties Air Basin. (i) El Dorado County (Mountain Counties Air Basin portion) for O3. (ii) Placer County (Mid-County portion) for O3. (c) [Reserved] (d) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph. (1) Lake Tahoe Basin for CO. (2) EPA approves the CO plan for the Lake Tahoe Basin as meeting the requirements of Part D. This approval includes the resolution of the Lake Tahoe Regional Planning Agency banning new source construction pending the adoption of a new regional plan and ordinances. However, EPA disapproves the plan for any future time during which the Tahoe Regional Planning Agency may remove its construction ban prior to EPA approval of the new regional plan and ordinances. (e) The Administrator approves the following portions of the 1999 Ozone Attainment Plan for the San Francisco Bay Area submitted by the California Air Resources Board on August 13, 1999: the 1995 baseline emissions inventory, the reasonable further progress demonstration, and the deletion of transportation control measures #6 and #16. [45 FR 74484, Nov. 11, 1980] Editorial Note: For Federal Register citations affecting §52.223, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.224 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met except in certain Air Pollution Control Districts (APCD) as indicated in this paragraph since the plan does not provide procedures by which emission data, as correlated with applicable emission limitations, will be made available to the public. (1) The following APCD's meet the requirements of §51.116(c) of this chapter: (i) Siskiyou County APCD. (ii) San Diego County APCD. (iii) Great Basin Unified APCD. (iv) Del Norte County APCD. (v) Humboldt County APCD. (vi) Mendocino County APCD. (vii) Northern Sonoma County APCD. (viii) Trinity County APCD. (ix) Amador County APCD. (2) The following APCD's do not provide for the correlation of emission data with applicable emission limitations as required by §51.116(c) of this chapter. In these APCD's, only the requirements of §52.224(b)(4) are in effect: (i) Merced County APCD. (ii) Stanislaus County APCD. (iii) Fresno County APCD. (iv) Calaveras County APCD. (v) Tuolumne County APCD. (vi) San Joaquin County APCD. (vii) Mariposa County APCD. (viii) Tulare County APCD. (ix) Kern County APCD. (x) Madera County APCD. (xi) Yolo-Solano APCD. (xii) Sutter County APCD. (xiii) Glenn County APCD. (xiv) Tehama County APCD. (xv) Sierra County APCD. (xvi) Shasta County APCD. (xvii) Sacramento County APCD. (xviii)–(xix) [Reserved] (xx) Lake County APCD. (xxi) Imperial County APCD. (xxii) [Reserved] (xxiii) Ventura County APCD. (xxiv) Monterey Bay Unified APCD. (xxv) [Reserved] (xxvi) San Luis Obispo County APCD. (xxvii) Kings County APCD. (xxviii) Plumas County APCD. (xxix) Nevada County APCD. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, except for those APCD's specified in paragraph (a) of this section, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. (c) The deletion of the following rules or portions of rules is disapproved, since these regulations are necessary to fulfill the requirements of 40 CFR 51.116(c). (1) Northcoast intrastate region: (i) Lake County APCD. (A) Section 49a, Public Records, and Section 49b, Record, of Part III, Definitions; and Part II, Authorization and Disclosure, submitted on October 23, 1974 and previously approved under 40 CFR 52.223, are retained. [40 FR 55328, Nov. 28, 1975] Editorial Note: For Federal Register citations affecting §52.224, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.225 Legal authority. top (a) The requirements of §51.230(c) of this chapter are not met since the State Emergency Services Act does not apply to air pollution emergencies in a manner comparable to section 303 of the Clean Air Act, as amended. (b) The requirements of §51.230(f) of this chapter are not met since authority to make emission data available to the public inadequate. Such release is precluded under certain circumstances. [37 FR 10852, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986] § 52.226 Control strategy and regulations: Particulate matter, San Joaquin Valley and Mountain Counties Intrastate Regions. top (a) [Reserved] (b) The following regulatory changes represent a relaxation of previously submitted regulations and an adequate control strategy has not been submitted showing that the relaxation will not interfere with attainment and maintenance of the National Ambient Air Quality Standards for particulate matter: (1) Kings County APCD. (i) Rule 405, Process Weight, submitted on July 25, 1973 is disapproved; and Rule 405, submitted on June 30, 1972, and previously approved in 40 CFR 52.223 is retained. (ii) Rule 407.1, Disposal of Solid and Liquid Wastes, submitted on November 4, 1977, is disapproved; and Rule 407.1, Disposal of Solid and Liquid Wastes, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 is retained. (2) Calaveras County APCD. (i) The revocation of Rule 407(b), Combustion Contaminants, is disapproved; and Rule 407(b), submitted on June 30, 1972, and previously approved in 40 CFR 52.223 is retained. (ii) The revocation of Rule 408, Fuel Burning Equipment, is disapproved; and Rule 408, submitted on June 30, 1972, and previously approved in 40 CFR 52.223 is retained. (iii) The addition of Rule 209, Fossil Fuel-Steam Generator Facility, is disapproved; and Rule 408, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. (3) Tuolumne County APCD. (i) Rule 207, Particulate Matter, submitted on July 22, 1975, is disapproved; and Rules 404 and 407(b), submitted on June 30, 1972 and previously approved in 40 CFR 52.223 are retained. (ii) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on July 22, 1975, is disapproved; and Rule 408, submitted on June 30, 1972, and previously approved in 40 CFR 52.223 is retained. (iii) Rule 207, Particulate Matter, submitted on February 10, 1977, is disapproved and the previously approved Rules 404 and 407(b), submitted on June 30, 1972, remain in effect. (iv) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on February 10, 1977, is disapproved and the previously approved Rule 408, submitted on June 30, 1972, remains in effect. (4) Fresno County APCD. (i) Rule 407, Disposal of Solid or Liquid Wastes, submitted on February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 1972, and previously approved in 40 CFR 52.223 is retained. (ii) Rule 407, Disposal of Solid or Liquid Wastes, submitted on November 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. (5) San Joaquin County APCD. (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. (6) Mariposa County APCD. (i) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on January 10, 1975, is disapproved; and Rule 6.4, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. (7) Kern County APCD. (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on July 22, 1975, is disapproved; and Rule 407.1, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. (8) Madera County APCD. (i) Rule 405, Process Weight, submitted on January 10, 1975 is disapproved; and Rule 405, submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. (9) Tulare County APCD. (i) Paragraph b. of Rule 407.1. (10) Merced County APCD. (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on August 2, 1976 is disapproved; and Rule 407.1 submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. [37 FR 10850, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.226, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.227 Control strategy and regulations: Particulate matter, Metropolitan Los Angeles Intrastate Region. top (a) The requirements of Subpart G of this chapter are not met since the plan does not provide for attainment and maintenance of the secondary standards for particulate matter in the Metropolitan Los Angeles Intrastate Region. (b) The following regulations are disapproved since they are not part of the approved control strategy and do not provide for the degree of control needed for the attainment and maintenance of the primary standards for particulate matter in the Metropolitan Los Angeles Intrastate Region. (1) Los Angeles County Air Pollution Control District: (i) Regulation IV, Rule 68.1. (2) Riverside County Air Pollution Control District: (i) Regulation IV, Rule 54 for process sources with a process weight rate in excess of 62,000 lbs. per hour. Rule 54 is approved for process sources with a process weight of 62,000 lbs. per hour or less. (3) Southern California APCD: (i) Regulation IV, Rule 404 Particulate Matter—Concentration, submitted on August 2, 1976. (ii) Regulation IV, Rule 473 Disposal of Solid and Liquid Wastes, submitted on August 2, 1976. (4) South Coast AQMD. (i) Rule 401(b) submitted on August 15, 1980. (c) The rescission by the Southern California APCD of the following rules, which were previously approved in the May 31, 1972 (37 FR 10850) and September 22, 1972 (37 FR 19813) Federal Register issues, is disapproved since adequate replacement rules have not been submitted and no analysis has been presented to show that this rescission will not interfere with the attainment and maintenance of the NAAQS for particulate matter as required by section 110 of the Clean Air Act. In addition, the following rules, as submitted in June 1972 and approved for the SIP, remain federally enforceable: (1) Los Angeles County APCD. (i) Regulation IV, Rule 52 Particulate Matter—Concentration. (ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes. (2) San Bernardino County APCD. (i) Regulation IV, Rule 52A Particulate Matter—Concentration. (ii) Regulation IV, Rule 58A Disposal of Solid and Liquid Wastes. (3) Riverside County APCD. (i) Regulation IV, Rule 52 Particulate Matter—Concentration. (ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes. (4) Orange County APCD. (i) Regulation IV, Rule 52 Particulate Matter—Concentration. (ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes. [37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972; 43 FR 25687, June 14, 1978; 49 FR 18824, May 3, 1984; 51 FR 40676, Nov. 7, 1986] § 52.228 Regulations: Particulate matter, Southeast Desert Intrastate Region. top (a) The following regulations are disapproved since they are not part of the approved control strategy and do not provide for the degree of control needed for the attainment and maintenance of the national standards for particulate matter in the Southeast Desert Intrastate Region. (1) Imperial County Air Pollution Control District: (i) Rule 114A. (ii) Rule 116B. (2) Los Angeles County Air Pollution Control District: (i) Regulation IV, Rule 68.1. (3) Riverside County Air Pollution Control District: (i) Regulation IV, Rule 54 for process sources with a process weight rate in excess of 160,000 lbs. per hour. Rule 54 is approved for process sources with a process weight of 160,000 lbs. per hour or less. (b) The following regulatory changes represent a relaxation of previously submitted regulations, and an adequate control strategy has not been submitted showing that the relaxation will not interfere with the attainment and maintenance of the national ambient air quality standards for particulate matter: (1) Southeast Desert Intrastate Region: (i) Imperial County APCD. (A) Rule 406, Disposal of Solid and Liquid Wastes submitted on November 4, 1977 is disapproved; and Rule 116 C, Specific Contaminants submitted on June 30, 1972 and previously approved under 40 CFR 52.223 is retained. (ii) Los Angeles County Air Pollution Control District. (A) Regulation IV, Rule 404 Particulate Matter-Concentration, and Rule 473, Disposal of Solid and Liquid Wastes, submitted on June 6, 1977 are disapproved. Rules 52 and 58, titled as above, respectively, and submitted on June 30, 1972 and previously approved under 40 CFR 52.223 are retained. (iii) Riverside County Air Pollution Control District. (A) Regulation IV, Rules 404 Particulate Matter-Concentration, 405 Particulate Matter-Weight, and Rule 473, Disposal of Solid and Liquid Wastes, submitted on June 6, 1977 are disapproved. Rules 52, Particulate Matter-Weight, 54, Dust and Fumes, and 58, Disposal of Solid and Liquid Wastes, submitted in 1972 and approved under 40 CFR 52.223, are retained. [37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972; 43 FR 35695, Aug. 11, 1978; 43 FR 40014, Sept. 8, 1978; 64 FR 49400, Sept. 13, 1999] § 52.229 Control strategy and regulations: Photochemical oxidants (hydrocarbons), Metropolitan Los Angeles Intrastate Region. top (a) [Reserved] (b) The following rules are disapproved because they would result in a relaxation of control requirements contained in the presently approved State Implementation Plan, and no analysis has been presented to show that this relaxation will not interfere with the attainment and maintenance of NAAQS for photochemical oxidants (hydrocarbons) as required by section 110 of the Clean Air Act. (1) Southern California APCD. (i) Regulation IV, Rule 465 Vacuum Producing Devices or Systems, submitted on August 2, 1976. (2) South Coast Air Quality Management District. (i) Regulation IV, Rule 461 Gasoline Transfer and Dispensing, submitted on June 6, 1977. The version of this rule by the same number and title submitted on April 21, 1976 and approved under 40 CFR 52.223 is retained. (ii) Rule 1115, Automotive Coatings, adopted on March 16, 1984 by the District and submitted by the state to EPA on July 10, 1984. (iii) Rule 1113, Architectural Coatings, adopted on August 2, 1985 and submitted to EPA on November 12, 1985. The version of this rule by the same number and title submitted on July 10, 1984 and approved by EPA on January 24, 1985 is retained. (c) The rescission by the Southern California APCD of the following rules, which were previously approved in the September 22, 1972 (37 FR 19813) Federal Register issue, is disapproved since adequate replacement rules have not been submitted anderfere with the attainment and maintenance of the NAAQS for photochemical oxidants (hydrocarbons) as required by section 110 of the Clean Air Act. In addition, the following rules, as submitted in June 1972 and approved for the SIP, remain federally enforceable: (1) Los Angeles County APCD, Regulation IV, Rule 69, Vacuum Producing Devices or Systems. (2) San Bernardino County APCD, Regulation IV, Rule 69, Vacuum Producing Devices or Systems. (3) Riverside County APCD, Regulation IV, Rule 74, Vacuum Producing Devices or Systems. (4) Orange County APCD, Regulation IV, Rule 69, Vacuum Producing Devices or Systems. [37 FR 10850, May 31, 1972, as amended at 43 FR 25687, June 14, 1978; 43 FR 40014, Sept. 8, 1978; 46 FR 5978, Jan. 21, 1981; 54 FR 5237, Feb. 2, 1989; 54 FR 34515, Aug. 21, 1989] § 52.230 Control strategy and regulations: Nitrogen dioxide. top (a) The requirements of §52.14(c)(3) of this chapter as of September 22, 1972 (47 FR 1983), are not met since the plan does not provide for the degree of nitrogen oxides emission reduction attainable through application of reasonably available control technology in the Metropolitan Los Angeles Intrastate Region. Therefore, Rule 68.b of the Orange County Air Pollution Control District is disapproved. (b) The following rules are disapproved since they are not part of the approved control strategy and do not provide for the degree of control necessary for the attainment and maintenance of NAAQS for nitrogen dioxide in the Metropolitan Los Angeles Intrastate AQCR: (1) Orange County APCD, Regulation IV, Rule 474, Fuel Burning Equipment—Oxides of Nitrogen, submitted on February 10, 1977. (c) The rescission by the Southern California APCD of the following rules is disapproved since adequate replacement rules have not been submitted and no analysis has been presented to show that this rescission will not interfere with the attainment and maintenance of the National Ambient Air Quality Standards as required by section 110 of the Clean Air Act. In addition, the following rules, as submitted in June 1972 and approved for the SIP, remain federally enforceable: (1) Orange County APCD, Regulation IV, Rule 68, Fuel Burning Equipment—NOx. (2) Orange County APCD, Regulation IV, Rule 67.1, Fuel Burning Equipment. [43 FR 25687, June 14, 1978, as amended at 46 FR 3884, Jan. 16, 1981; 51 FR 40677, Nov. 7, 1986] § 52.231 Regulations: Sulfur oxides. top (a) [Reserved] (b) The deletion of the following rules or portions of rules is disapproved, since an adequate control strategy demonstration has not been submitted indicating that the deletions of the control requirements contained in those rules would not interfere with the attainment or maintenance of the National Ambient Air Quality Standard for Sulfur Oxides. (1) Lake County Intrastate Region. (i) Lake County, APCD. (A) Section 3(F), Sulfur of Part V, Prohibitions and Standards, submitted on October 23, 1974 and previously approved under 40 CFR 52.223, is retained as applicable to sources other than sulfur recovery units. [43 FR 34464, 34466, Aug. 4, 1978, as amended at 46 FR 3884, Jan. 16, 1981; 46 FR 42461, Aug. 21, 1981] § 52.232 Part D conditional approval. top (a) The following portions of the California SIP contain deficiencies with respect to Part D of the Clean Air Act which must be corrected by meeting the indicated conditions of Part D plan approval. (1) Imperial County for ozone. (i) By May 7, 1981, the NSR rules must be revised and submitted as an SIP revision. The rules must satisfy section 173 and 40 CFR Subpart I, “Review of new sources and modifications.” In revising the Imperial County APCD's NSR rules, the State/APCD must address (A) any new requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (August 7, 1980, 45 FR 52676) which the APCD rules do not now satisfy and (B) those deficiencies cited in EPA's Evaluation Report Addendum (contained in Document File NAP–CA–06 at the EPA Library in Washington, DC and the Region IX office). (ii) By January 1, 1981, a cutback asphalt rule which reflects reasonably available control technology (RACT) must be submitted as an SIP revision. (2) North Central Coast Air Basin for ozone. (i) By May 7, 1981, the NSR rules must be revised and submitted as an SIP revision. The rules must satisfy section 173 and 40 CFR 51.18, “Review of new sources and modifications.” In revising the Monterey Bay Unified APCD's NSR rules, the State/APCD must address (a) any new requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (August 7, 1980, 45 FR 52676) which the APCD rules do not now satisfy and (b) those deficiencies with respect to the September 5, 1979 notice cited in EPA's Evaluation Report Addendum (contained in Document File NAP–CA–14 at the EPA Library in Washington, DC and the Region IX office). (ii) By March 4, 1981, one of the following must be submitted as an SIP revision: (a) Adequate justification that the cutback asphalt rule represents RACT, (b) amendment of the cutback asphalt rule to conform with the controls recommended in the CTG document for cutback asphalt, or (c) adequate documentation that the cutback asphalt rule will result in emission reductions which are within 5 percent of the reductions achievable with the controls recommended in the cutback asphalt CTG document. (3) South Coast Air Basin. (i)(A) By May 7, 1981, the NSR rules must be revised and submitted as an SIP revision. The rules must satisfy section 173 of the Clean Air Act and 40 CFR 51.18, “Review of new sources and modifications.” In revising the South Coast AQMD's NSR rules, the State/AQMD must address (1) any new requirements in EPA's amended regulations for NSR (45 FR 31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the AQMD rules do not currently satisfy and (2) those deficiencies cited in EPA's Evaluation Report Addendum which still apply despite EPA's new NSR requirements (contained in Document File NAP–CA–9 at the EPA Library in Washington, DC and the Regional Office). (4) San Diego Air Basin. (i) For ozone, CO, TSP, and NO2: (A) By May 7, 1981, the NSR rules submitted on March 17, 1980 must be revised and submitted as an SIP revision. In revising the NSR rules, the State/APCD must address (1) any new requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980, 45 FR 31307; and August 7, 1980, 45 FR 52676) which the APCD rules do not currently satisfy and (2) the deficiencies cited in EPA's Evaluation Report Addendum which still apply despite EPA's new NSR requirements. The Evaluation Report Addendum is contained in document file NAP–CA–19 and available at the EPA Region IX Office and the EPA Library in Washington, DC (5) The Kern County APCD. (i) For ozone, CO, and PM: (A) By November 19, 1981, the NSR rules must be revised and submitted as an SIP revision. The rules must satisfy section 173 of the Clean Air Act and 40 CFR Subpart I, “Review of new sources and modification.” In revising Kern County's NSR rules, the State/APCD must address all the requirements in EPA's amended regulations for NSR (45 FR 31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the APCD rules do not currently satisfy including those deficiencies cited in EPA's Evaluation Report Addendum which still apply despite EPA's new NSR requirements (contained in Document File NAP–CA–07 at the EPA Library in Washington, DC and the Regional Office). (ii) [Reserved] (6) The San Joaquin Valley Air Basin Nonattainment Area. (i) For O3, PM and CO in San Joaquin County. (A) By October 30, 1985 the NSR rules must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980 (45 FR 31307) and August 7, 1980 (45 FR 52676)) and submitted as a SIP revision. (7) San Francisco Bay Area Air Basin. (i) For ozone and CO: (A) By June 17, 1982, submittal of implementation commitments and schedules and additional commitments to provide annually the financial and personnel resources necessary to carry out the plan for transportation sources. (8) [Reserved] (9) The Santa Barbara County nonattainment areas. (i) For O3, TSP, and CO by (90 days from the date of publication of this notice). (A) The new source review (NSR) rules must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (45 FR 31307, May 13, 1980 and 45 FR 52676, August 7, 1980) and submitted as an SIP revision. (ii) For O3 by (90 days from the date of publication of this notice), a revised cutback asphalt paving materials rule which does not allow for indefinite compliance date extensions and submitted as an SIP revision. (10) Kings, Madera, Merced, Stanislaus and Tulare County APCDs. (i) For O3 and PM [and CO in Stanislaus County]. (A) By September 7, 1982 the NSR rules must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980, 45 FR 31307 and August 7, 1980, 45 FR 52676) as an SIP revision. (11) Fresno County and Ventura County nonattainment areas. (i) For ozone, CO (for Fresno County), and PM: (A) By November 1, 1982, the NSR rules must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR 52676), and October 14, 1981 (46 FR 50766)). (12) Butte, Sutter and Yuba County APCDs. (i) For Ozone: (A) By August 2, 1982, the NSR rules for the counties discussed in this notice must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980, 45 FR 31307 and August 7, 1980, 45 FR 52676). (13) Los Angeles and Riverside portions of the Southeast Desert Air Basin. (i) For Ozone: (A) By August 9, 1982, the new source review rules for the three county areas must be revised to meet the requirements in EPA's amended regulations under section 173 (May 13, 1980, (45 FR 31307), August 7, 1980, (45 FR 52676), and October 14, 1981, (46 FR 50766)). (B) By August 9, 1982, the State must provide adopted regulations for degreasing operations in the Los Angeles County portion of the SEDAB which represent RACT. (14)–(15) [Reserved] (16) San Bernardino County portion of the Southeast Desert Air Basin. (i) For ozone: (A) By October 30, 1985, the NSR rules must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR 52676), and October 14, 1981 (46 FR 50766)). (17) Yolo and Solano Counties. (i) For ozone and CO in those portions of Yolo and Solano Counties that are part of the Sacramento Metropolitan Area: (A) By October 30, 1985, the NSR rules must be revised to meet the requirements in EPA's amended regulations for NSR under section 173 of the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR 52676), and October 14, 1981 (46 FR 50766)). (ii) For ozone: By November 1, 1982, the State must provide either (A) an adequate demonstration that the following regulations represent RACT, (B) amend the regulations so that they are consistent with the CTG, or (C) demonstrate that the regulations will result in VOC emission reductions which are within five percent of the reductions which would be achieved through the implementation of the CTG recommendations: Yolo-Solano County APCD Rule 2.24, “Solvent Cleaning Operations (Degreasing).” [45 FR 74485, Nov. 10, 1980] Editorial Note: For Federal Register citations affecting §52.232, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.233 Review of new sources and modifications. top (a) The following regulations are disapproved because they are not consistent with Clean Air Act requirements. (1) Imperial County APCD. (i) Subparagraph C.5. of Rule 207, Standards for Permit to Construct, submitted March 17, 1980. (2) Monterey Bay Unified APCD. (i) Subparagraph B.5. of Rule 207, Standards for Permit to Construct, submitted March 17, 1980. (3) South Coast AQMD. (i) In Rule 1306(a)(i), submitted on April 3, 1980, sentence 3 is disapproved. (ii) In Rule 1306(d)(1)(B)(ii), submitted on April 3, 1980, the following portion of the rule is disapproved: “Which have occurred during the highest three years of the last five year period, divided by three, provided the applicant demonstrates that such permit units have been operated at least 90 days during each of such three years.” (iii) In Rule 1307(a) submitted on April 3, 1980, the following portion of the rule is disapproved: “Greater than 68 kilograms (150 pounds) per day except carbon monoxide, for which the value is an increase greater than 340 kilograms (750 pounds) per day.” (4) Kern County APCD. (i) Those portions of paragraph (3)(E) of Rule 210.1, submitted on April 15, 1980, which allow new sources and modifications to be exempt from LAER. (b) [Reserved] (c) The requirements of §51.160(a) of this chapter are not met in the following Air Pollution Control Districts since the regulations of the APCD's do not provide the means to prevent construction of sources which would violate applicable portions of the control strategy or would interfere with the attainment or maintenance of a national standard. (1) Mariposa County APCD. (2) Santa Barbara County APCD. (d) The requirements of §51.160(a) of this chapter are not met in the following Air Pollution Control Districts since the regulations of the APCD's do not include a means to prevent construction or modification if such construction or modification would interfere with the attainment or maintenance of a national standard. (1) Amador County APCD. (2) Calaveras County APCD. (3) El Dorado County APCD (Mountain Counties Intrastate portion). (4) [Reserved] (5) Glenn County APCD. (6) Humboldt County APCD. (7)–(8) [Reserved] (9) Lake County APCD. (10) Lassen County APCD. (11) [Reserved] (12) Mendocino County APCD. (13) [Reserved] (14) Modoc County APCD. (15) Monterey Bay Unified APCD. (16) Nevada County APCD. (17) Northern Sonoma County APCD. (18) [Reserved] (19) Plumas County APCD. (20) [Reserved] (21) Shasta County APCD. (22) Sierra County APCD. (23) Siskiyou County APCD. (24) [Reserved] (25) Sutter County APCD. (26) [Reserved] (27) Tuolumne County APCD. (e) [Reserved] (f) Regulation for review of new sources and modifications. (1) The requirements of this paragraph are applicable to: (i) Any stationary source in the APCD's listed below, the construction or modification of which is commenced after the effective date of this regulation. (a) Mariposa County APCD. (b) [Reserved] (c) Santa Barbara County APCD. (ii) Any stationary source subject to the requirements of §§52.226(c), 52.227(c), 52.228(b), or 52.230(b), the construction or modification of which is commenced after the effective date of this regulation. (2) No owner or operator shall commence construction or modification of a stationary source after the effective date of this regulation without first obtaining approval from the Administrator of the location and design of such source. (i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator. (ii) A separate application is required for each source. (iii) Each application shall be signed by the applicant. (iv) Each application shall be accompanied by site information, plans, descriptions, specifications, and drawings showing the design of the source, the nature and amount of emissions, and the manner in which it will be operated and controlled. (v) Any additional information, plans, specifications, evidence, or documentation that the Administrator may require shall be furnished upon request. (3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that: (i) The source will be operated without causing a violation of any local, State, or Federal regulations which are part of the applicable plan. (ii) The source will not prevent or interfere with attainment or maintenance of any national standard. (4) (i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (f)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator. (ii) Within thirty (30) days after receipt of a complete application, the Administrator shall: (a) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved. (b) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and (c) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source. (iii) A copy of the notice required pursuant to this paragraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated. (iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located. (v) The Administrator shall take final action on the application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for ocnditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located. (vi) The Administrator may extend each of the time periods specified in paragraph (f)(4)(ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator. (5) The Administrator may impose any reasonable conditions upon an approval, including conditions requiring the source to be provided with: (i) Sampling ports of a size, number, and location as the Administrator may require, (ii) Safe access to each port, (iii) Instrumentation to monitor and record emission data, and (iv) Any other sampling and testing facilities. (6) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year. (7) Any owner or operator subject to the provisions of this regulation shall furnish the Administrator written notification as follows: (i) A notification of the anticipated date or initial startup of the source not more than 60 days or less than 30 days prior to such date. (ii) A notification of the actual date of initial startup of the source within 15 days after such date. (8) Within 60 days after achieving the maximum production rate at which the source will be operated but not later than 180 days after initial startup of such source the owner or operator of such source shall conduct a performance test(s) in accordance with methods and under operating conditions approved by the Administrator and furnish the Administrator a written report of the results of such performance test. (i) Such test shall be at the expense of the owner or operator. (ii) The Administrator may monitor such test and may also conduct performance tests. (iii) The owner or operator of a source shall provide the Administrator 15 days prior notice of the performance test to afford the Administrator the opportunity to have an observer present. (iv) The Administrator may waive the requirement for performance tests if the owner or operator of a source has demonstrated by other means to the Administrator's satisfaction that the source is being operated in compliance with all local, State and Federal regulations which are part of the applicable plan. (9) Approval to construct or modify shall not be required for: (i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff. (ii) Air-conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment. (iii) Fuel burning equipment, other than smokehouse generators which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 0.5 grain H2 S per 100 stdft 3 (5.7 g/100 stdm 3 ); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel. (iv) Mobile internal combustion engines. (v) Laboratory equipment used exclusively for chemical or physical analyses. (vi) Other sources of minor significance specified by the Administrator. (10) Approval to construct or modify shall not relieve any person of the responsibility to comply with any local, State, or Federal regulation which is part of the applicable plan. (11) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for any receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act. (g) Regulation for review of new sources and modifications. (1) The requirements of this paragraph are applicable to any stationary source in the APCD's listed below, the construction or modification of which is commenced after the effective date of this regulation. (i) Amador County APCD. (ii) Calaveras County APCD. (iii) El Dorado County APCD (Mountain Counties Intrastate portion). (iv) [Reserved] (v) Glenn County APCD. (vi) Humboldt County APCD. (vii)–(viii) [Reserved] (ix) Lassen County APCD. (x) Madera County APCD. (xi) Mendocino County APCD. (xii) Merced County APCD. (xiii) Modoc County APCD. (xiv) Monterey Bay Unified APCD. (xv) Nevada County APCD. (xvi) [Reserved] (xvii) Plumas County APCD. (xviii) San Joaquin County APCD. (xix) Shasta County APCD. (xx) Sierra County APCD. (xxi) Siskiyou County APCD. (xxii) Stanislaus County APCD. (xxiii) Sutter County APCD. (xxiv) Tulare County APCD. (xxv) Tuolumne County APCD. (2) No owner or operator shall commence construction or modification of any new source after the effective date of this regulation without first obtaining approval from the Administrator of the location of such source. (i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator. (ii) A separate application is required for each source. (iii) Each application shall be signed by the applicant. (iv) Each application shall be accompanied by site information, stack data, and the nature and amount of emissions. Such information shall be sufficient to enable the Administrator to make any determination pursuant to paragraph (g)(3) of this section. (v) Any additional information, plans, specifications, evidence, or documentation that the Administrator may require shall be furnished upon request. (3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that the source will not prevent or interfere with attainment or maintenance of any national standard. (4) (i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (g)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator. (ii) Within thirty (30) days after receipt of a complete application, the Administrator shall: (a) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved. (b) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and (c) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source. (iii) A copy of the notice required pursuant to this subparagraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated. (iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located. (v) The Administrator shall take final action on an application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located. (vi) The Administrator may extend each of the time periods specified in paragraph (g)(4) (ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator. (5) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year. (6) Approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with any local, State, or Federal regulation which is part of the applicable plan. (7) Approval to construct or modify shall not be required for: (i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff. (ii) Air-conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment. (iii) Fuel burning equipment, other than smokehouse generators, which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 20.0 grain H2 S per 100 stdft 3 (54.8 g/100 stdm 3 ); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel. (iv) Mobile internal combustion engines. (v) Laboratory equipment used exclusively for chemical or physical analyses. (vi) Other sources of minor significance specified by the Administrator. (8) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for and receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act. (h)–(i) [Reserved] (j) Delegation of authority. (1) The Administrator shall have the authority to delegate responsibility for implementing the procedures for conducting source review pursuant to this section in accordance with paragraphs (j) (2), (3), and (4) of this section. (2) Where the Administrator delegates the responsibility for implementing the procedures for conducting source review pursuant to this section to any Agency, other than a Regional Office of the Environmental Protection Agency, a copy of the notice pursuant to paragraphs (f)(4)(iii) and (g)(4)(iii) of this section shall be sent to the Administrator through the appropriate Regional Office. (3) In accordance with Executive Order 11752, the Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be delegated, other than to a Regional Office of the Environmental Protection Ands; except that, with respect to the latter category, where new or modified sources are constructed or operated on Federal lands pursuant to leasing or other Federal agreements, the Federal Land Manager may at his discretion, to the extent permissible under applicable statutes and regulations, require the lessee or permittee to be subject to new source review requirements which have been delegated to a state or local agency pursuant to this paragraph. (4) The Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be redelegated, other than to a Regional Office of the Environmental Protection Agency, for new or modified sources which are located in Indian reservations except where the State has assumed jurisdiction over such land under other laws, in which case the Administrator may delegate his authority to the States in accordance with paragraphs (j) (2), (3), and (4) of this section. (k) Conditions on steam production. (1) Notwithstanding any provisions to the contrary in the California State Implementation Plan, the Watson petroleum refinery owned by Atlantic Richfield Company, located at 1801 East Sepulveda Boulevard, Carson, California, shall operate under the following conditions listed in paragraphs (k)(2) through (6) of this section. (2) The total steam load comprised of the steam purchased from Watson Energy Systems and the amount generated by boilers #31, #32, #33, #42, #51, and #52 at the ARCO Watson Refinery shall not exceed 1,355,000 pounds per hour at 680 °F, 600 psig. (3) Continuous written records of steam purchased from Watson Energy Systems and of the steam produced by boilers #31, #32, #42, #51, or #52 at the ARCO Watson Refinery, during receipt of steam from Watson Energy Systems, shall be maintained and made available for inspection by the EPA and the South Coast Air Quality Management District. These records shall be kept in terms of pounds per hour of steam at 680 °F, 600 psig. (4) The steam purchased from the Watson Energy Systems facility shall be used as a “first-on, last-off” source of steam for the ARCO Watson Refinery, except for steam produced by waste heat or as part of the refining process, or as required to maintain fired boilers in service for emergency use. (5) Any proposed changes in equipment or fuel that would increase the oil fired steam generating capacity or decrease oil fired steam generating efficiency of boilers #31, #32, #33, #42, #51, and #52 at the ARCO Watson Refinery must be reviewed and approved by the EPA prior to implementation of the proposed changes. (6) ARCO shall maintain written records of oil consumption at boilers #31, #32, #33, #42, #51, and #52 during receipt of steam from Watson Energy Systems. These records shall be available for inspection by the South Coast Air Quality Management District and the EPA. The total oil consumption of these boilers shall not exceed a monthly average of 226,000 gallons per day when receiving steam from the Watson Energy systems plant at a rate of 350,000 pounds per hour. When receiving steam at a lower rate, ARCO shall be allowed to increase its boiler fuel oil consumption to achieve a total steam load not to exceed the limit of condition two (2). (l) The following rules and regulations are disapproved because they do not meet the requirements of sections 110, 172, and 173 of the Clean Air Act, since they exempt certain source categories from the offset requirements of the Act: (1) South Coast Air Quality Management District. (i) Rule 1304(e), Resource Conservation and Energy Projects, submitted on April 3, 1980, but only with respect to projects whose application for a permit is complete after January 1, 1986, (ii) Rule 1304(b)(2), Resource and Energy Conservation Projects, submitted on November 8, 1982, but only with respect to projects whose application for a permit is complete after January 1, 1986, (m) Revised South Coast Regulation XIII, submitted on November 8, 1982, is not approved inasmuch as action on it is temporarily deferred. [37 FR 19813, Sept. 22, 1972] Editorial Note: For Federal Register citations affecting §52.233, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.234 Source surveillance. top (a) Except in the Air Pollution Control Districts (APCDs) listed in this paragraph, the requirements of §51.211 of this chapter are not met since the plan does not provide for recordkeeping and periodic reporting of emission data by sources. (1) Amador County APCD. (2) Bay Area AQMD. (3) Calaveras County APCD. (4) Del Norte County APCD. (5) El Dorado County APCD. (6) Humboldt County APCD. (7) Imperial County APCD. (8) Lake County APCD. (9) Mariposa County APCD. (10) Mendocino County APCD. (11) Nevada County APCD. (12) Northern Sonoma County APCD. (13) Placer County APCD. (14) Plumas County APCD. (15) Sierra County APCD. (16) Trinity County APCD. (17) Ventura County APCD. (b) The requirements of §51.212 of this chapter are not met since the plan does not adequately provide for periodic testing and inspection of stationary sources within the Bay Area Air Pollution Control District portion of the San Francisco Bay Area Intrastate Region. (c) The requirements of §51.212 of this chapter are not met since the system for detecting violations through enforcement of visible emission regulations and complaint handling is not adequately described. (d) Regulation for source recordkeeping and reporting. (1) The owner or operator of any stationary source in the State of California, except for those APCD's specified in paragraph (a) of this section, shall, upon notification from the Administrator, maintain records of the nature and amounts of emissions from such source and/or any other information as may be deemed necessary by the Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures. (2) The information recorded shall be summarized and reported to the Administrator, on forms furnished by the Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31, except that the initial reporting period shall commence on the date the Administrator issues notification of the recordkeeping requirements. (3) Information recorded by the owner or operator and copies of the summarizing reports submitted to the Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (e) The requirements of §51.214 of this chapter are not met in the following air pollution control districts (APCD's) since all of the applicable requirements of Appendix P of part 51 are not included in the district regulations. (1) Amador County APCD. (2) Bay Area AQMD (3) Calaveras County APCD. (4) El Dorado County APCD. (5) Imperial County APCD. (6) Kern County APCD. (7) Kings County APCD. (8) Los Angeles County APCD. (9) Mariposa County APCD. (10) Monterey Bay Unified APCD. (11) Nevada County APCD. (12) Placer County APCD. (13) Plumas County APCD. (14) San Bernardino County Desert APCD. (15) San Diego County APCD. (16) San Joaquin County APCD. (17) San Luis Obispo County APCD. (18) Santa Barbara County APCD. (19) Sierra County APCD. (20) South Coast AQMD. (21) Stanislaus County APCD. (22) Tulare County APCD. (23) Ventura County APCD. [37 FR 10850, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.234, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.235 Control strategy for ozone: Oxides of nitrogen. top EPA is approving an exemption request submitted by the Monterey Bay Unified Air Pollution Control District on April 26, 1994 for the Monterey Bay ozone nonattainment area from the NOX RACT requirements contained in section 182(f) of the Clean Air Act. This approval exempts the area from implementing the oxides of nitrogen (NOX) requirements for reasonably available control technology (RACT), new source review (NSR), the related requirements of general and transportation conformity regulations, and applicable inspection and maintenance (I/M). The exemption is based on ambient air monitoring data and lasts for only as long as the area's monitoring efforts continue to demonstrate attainment without NOX reductions from major stationary sources. [60 FR 20237, Apr. 25, 1995] § 52.236 Rules and regulations. top (a) Since the following Air Pollution Control District (APCD) rules do not define the term “agricultural operations,” the rules are disapproved because they could render certain emission limitations rules unenforceable. (1) Imperial County APCD. (i) Rule 114.5, submitted on November 10, 1976. (ii) Rule 148.D(3), submitted on November 10, 1976. (b) The following Air Pollution Control District (APCD) rules are disapproved because they contain the term “agricultural operations” and/or the term “other equipment in agricultural operations,” both of which are either undefined or inadequately defined, thus rendering certain emission control rules unenforceable: (1) San Luis Obispo County APCD. (i) Rules 401(B)(4) and 401(B)(6), submitted on November 10, 1976. (2) Sacramento County APCD. (i) Rule 7(b)(5), submitted on November 4, 1977. (3) Glenn County APCD. (i) Section 77(e), submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (4) Mariposa County APCD. (i) Rule 203(G), submitted on June 6, 1977. (5) Kern County APCD. (i) Rules 402(c) and 402(e), submitted on; November 10, 1976. (6) Fresno County APCD. (i) Rules 402(c) and 402(e), submitted on October 23, 1974. (ii) Rules 402(c) and 402(e), submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (7) Tulare County APCD. (i) Section 402(c), submitted on November 10, 1976, and previously approved under 40 CFR 52.223 (42 FR 47556). (8) Madera County APCD. (i) Rules 402(c) and 402(e), submitted on January 10, 1975, and previously approved under 40 CFR 52.223 (42 FR 42219). (9) Amador County APCD. (i) Rules 203(G), submitted on October 15, 1979, and 205(G), submitted on June 30, 1972. (c) Since the following Air Pollution Control Districts have deleted definitions which could allow a relaxation of emission limitations, the deletions are disapproved: (1) Merced County APCD. (i) Rule 102(hh), submitted on June 30, 1972, previously approved under 40 CFR 52.223, and deleted by the August 2, 1976 submittal, is retained. (2) El Dorado County APCD. (i) Rule 102(LL), submitted on November 4, 1977, previously approved at 43 FR 51632, and deleted by the May 23, 1979 submittal, is retained. (d) The following rules or portions of rules are disapproved since they contain provisions which are inconsistent with 40 CFR part 58, Ambient Air Quality Surveillance. (1) Lake County APCD. (i) Section 224, Equivalent Method, and Table V, Table of Standards, Applicable Statewide, submitted on February 10, 1977. (ii) Table V, Concentrations and Methods, submitted on January 2, 1979, and Table V, submitted on February 10, 1976 and previously approved at 42 FR 42224. (e) Since the following air pollution control districts have revised definitions so as to render the associated emission control requirements less stringent without a control strategy demonstration, the revisions are disapproved. (1) Mendocino County APCD. (i) Rule 130(p4), submitted on November 10, 1976. (Part III–49, previously submitted on February 21, 1972, and approved in 40 CFR 52.223, is retained). (ii) Rule 130(s3), submitted on November 10, 1976. (Part III–55, previously submitted on February 21, 1972, and approved in 40 CFR 52.233, is retained). (2) Shasta County APCD. (i) The definition of “modification” in Rule 1:2, Definitions, submitted on October 13, 1977, is disapproved. (3) San Bernardino County Desert APCD. (i) Rule 103, Definition of Terms, submitted on November 4, 1977, is disapproved with respect to the deletion of the following terms: “Distilling type heater”, “Noncomplying orchard heater”, “Pipe line systems”, and “Return stack heater”. (Rule 2, Definitions, submitted on February 21, 1972 and approved in 40 CFR 52.223, is retained for the above terms.) (4) Southeast Desert Intrastate Region. (i) San Bernardino County Desert APCD. (A) Rule 102, Definition of Terms, submitted November 4, 1977 is disapproved with respect to the deletion of the following terms: Distilling type heater, Non-complying orchard heater, Pipe line systems, and Return stack heater. Rule 2, Definitions, submitted February 21, 1972 and approved in 40 CFR 52.223, is retained for the above terms. (f) The following APCD rules are disapproved because they exempt some portions of the districts from the existing air pollution control regulations without setting forth substitute rules for the exempted areas. (1) El Dorado County APCD. (i) Rule 201, submitted on November 4, 1977, is disapproved. (The previously approved Rule 49, submitted on June 30, 1972, is retained for Federal enforcement purposes.) (g) The following Air Pollution Control District (APCD) rules are disapproved pursuant to section 110(a)(2)(K) of the Clean Air Act because they could allow recovery of legal expenses associated with permit enforcement actions. (1) Monterey Bay Unified APCD. (i) Rule 300 (i)(1), Permit Fee, submitted on December 17, 1979. (2) El Dorado County APCD. (i) Rule 104, submitted on May 23, 1979. [42 FR 39664, Aug. 5, 1977] Editorial Note: For Federal Register citations affecting §52.236, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.237 Part D disapproval. top (a) The following portions of the California SIP are disapproved because they do not meet the requirements of Part D of the Clean Air Act. (1) The ozone and CO attainment demonstrations for the South Coast Air Basin. No major stationary source, or major modification of a stationary source, of carbon monoxide or volatile organic compounds may be constructed in the South Coast Air Basin unless the construction permit application is complete on or before August 30, 1988. (2) The ozone attainment demonstration for Ventura County. No major stationary source, or major modification of a stationary source, of volatile organic compounds may be constructed in the Ventura County nonattainment area unless the construction permit application is complete on or before November 4, 1988. (3) The ozone attainment demonstration for the Sacramento AQMA. No major stationary source, or major modification of a stationary source, of volatile organic compounds may be constructed in the Sacramento nonattainment area unless the construction permit application is complete on or before January 3, 1989. (4) The ozone attainment demonstration for the Fresno County APCD. (5) The ozone attainment demonstration for the Kern County APCD. (6) The attainment assessment, motor vehicle emissions budgets, and Reasonably Available Control Measure (RACM) portions of the San Francisco Bay Area Ozone Attainment Plan for the 1–Hour National Ozone Standard, June 1999. [46 FR 5979, Jan. 21, 1981, as amended at 48 FR 53118, Nov. 25, 1983; 50 FR 35798; Sept. 4, 1985; 53 FR 1781, Jan. 22, 1988; 53 FR 39088, Oct. 5, 1988; 53 FR 48537, Dec. 1, 1988; 55 FR 9878, 9880, Mar. 16, 1990; 56 FR 2853, Jan. 25, 1991; 66 FR 48347, Sept. 20, 2001] § 52.238 Commitment to undertake rulemaking. top (a) The Administrator shall undertake rulemaking, after the South Coast mobile source public consultative process, to promulgate any VOC and NOX mobile source controls which are determined to be appropriate for EPA and needed for ozone attainment in the Los Angeles-South Coast Air Basin Area. (b) [Reserved] [62 FR 1187, Jan. 8, 1997] § 52.239 Alternate compliance plans. top (a) Alternative compliance plans (bubble plans) developed under the District rules listed below must be submitted to EPA by the State of California as SIP revisions. The emission limits contained in the District rule will continue to be enforceable by EPA and private citizens under sections 113 and 304(a) of the Act until the alternative compliance plans are approved by EPA for inclusion in the SIP. (1) Bay Area AQMD. (i) Rule 4 of Regulation 8, submitted on February 7, 1980. (b) Alternative compliance plans (bubble plans) developed under the District rules listed below are considered the applicable requirements in the SIP which are enforceable by EPA and private citizens under section 113 and 304(a) of the Act. Alternative compliance plans must be submitted to EPA after their approval by the District. The District rules do not apply to or supersede the conditions that a source must meet under nonattainment or PSD permit programs, new source performance standards, or national emission standards for hazardous air pollutants. (1) Bay Area AQMD. (i) Rules 11, 13 and 19 of Regulation 8, submitted on February 7, 1980. [47 FR 11870, Mar. 19, 1982] § 52.240 Compliance schedules. top (a) The requirements of §51.262(a) of this chapter are not met in the following Air Pollution Control Districts since the regulations cited do not provide increments to progress toward compliance. (1) Rules 50–A, 52–A, 53–A(a), 53–A(b), 53–A(c), 53.2, 53.3, 54.A, 58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD. (2) Rules 53, 72.1, and 72.2 of the Riverside County APCD. (3) Rules 53, 66.c, and 68.a of the Orange County APCD. (4) Rule 39.1 of the Santa Barbara County APCD. (5) Rule 59 of the Ventura County APCD. (6) Rule 66(c) of the Los Angeles County APCD. (7) Rule 4.5 of the Siskiyou County APCD. (8) Rule 64(c) of the Northern Sonoma County APCD. (9) Rule 409 of the Tulare County APCD. (b) The requirements of §51.261 are not met since Rule 68.a of the Orange County Air Pollution Control District does not provide for compliance within 3 years after the Administrator's approval of the plan. (c) Federal compliance schedule. (1) Except as provided in paragraph (c)(2) of this section, the owner or operator of any stationary source subject to Rule 68.a of the Orange County Air Pollution Control District shall comply with such rule or regulation on or before January 31, 1974. (i) Any owner or operator in compliance with this rule on the effective date of this regulation shall certify such compliance to the Administrator no later than 120 days following the effective date of this paragraph. (ii) Any owner or operator who achieves compliance with such rule or regulation after the effective date of this regulation shall certify such compliance to the Administrator within 5 days of the date compliance is achieved. (2) Any owner or operator of a stationary source subject to paragraph (c)(1) of this section may, not later than 120 days following the effective date of this paragraph, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with the rules and regulations specified in paragraph (c)(1) of this section as expeditiously as practicable but no later than July 31, 1975. The compliance schedule shall provide for increments of progress toward compliance. The dates for achievement of such increments of progress shall be specified. Increments of progress shall include, but not be limited to: Submittal of final control plan to the Administrator; letting of necessary contracts for construction or process changes or issuance of orders for the purchase of component parts to accomplish emission control or process modification; initiation of onsite construction or installation of emission control equipment or process modification; completion of onsite construction or installation of emissioncontrol equipment or process modification; and final compliance. (3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met. (d) Regulation for increments of progress. (1) The requirements of this paragraph are applicable to any stationary source in the following Air Pollution Control Districts subject to the indicated regulations. (i) Rules 50–A, 52–A, 53–A(a), 53–A(b), 53–A(c), 53.2, 53.3, 54.A, 58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD. (ii) Rules 53, 72.1, and 72.2 of the Riverside County APCD. (iii) Rules 53 and 66.c of the Orange County APCD. (iv) Rule 39.1 of the Santa Barbara County APCD. (v) Rule 59 of the Ventura County APCD. (vi) Rules 66(c) and 68 of the Los Angeles County APCD. (vii) Rule 4.5 of the Siskiyou County APCD. (viii) Rule 64(c) of the Northern Sonoma County APCD. (ix) Rule 409 of the Tulare County APCD. (2) Except as provided in paragraph (3) of this section, the owner or operator of any stationary source shall, no later than 120 days following the effective date of this paragraph, submit to the Administrator for approval, a proposed compliance schedule that demonstrates compliance with the applicable regulations as expeditiously as practicable but no later than the final compliance date specified by such applicable regulation. The compliance schedule shall provide for periodic increments of progress toward compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Submittal of final control plan to the Administrator; letting of necessary contracts for construction or process changes or issuance of orders for the purchase of component parts to accomplish emission control or process modification; initiation of onsite construction or installation of emission control equipment or process modification; completion of onsite construction or installation of emission control equipment or process modification; and final compliance. (3) Where any such owner or operator demonstrates to the satisfaction of the Administrator that compliance with the applicable regulations will be achieved on or before January 31, 1974, no compliance schedule shall be required. (4) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met. (5) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (e) [Reserved] (f) State compliance schedules. (1) [Reserved] (2) The compliance schedules for the sources identified below are disapproved as not meeting the requirements of Subpart N of this chapter. All regulations cited are air pollution control regulations of the county in which the source is located, unless otherwise indicated. -------------------------------------------------------------------------------------------------------------------------------------------------------- Rule or regulation Source Location (county) involved Date of adoption Effective date Final compliance date -------------------------------------------------------------------------------------------------------------------------------------------------------- Simpson Lee Paper Co. (Order No. 72- Shasta................ 3.2................... Oct. 31, 1973........ Immediately.......... Jan. 15, 1976. V-7). Monolith Portland Cement Co. (Order Kern.................. 401(b), 404.1, 406.... Dec. 31, 1973........ ......do............. July 1, 1976. No. 73-6 as amended Mar. 11, 1974). -------------------------------------------------------------------------------------------------------------------------------------------------------- [37 FR 19814, Sept. 22, 1972] Editorial Note: For Federal Register citations affecting §52.240, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.241 Interim approval of enhanced inspection and maintenance program. top (a) Under section 348(c) of the National Highway Systems Designation Act (Pub. L. 104–59), the California SIP is approved as meeting the provisions of section 182(c)(3) for applicable ozone areas and section 187(a)(6) for applicable carbon monoxide areas with respect to the requirements for enhanced motor vehicle inspection and maintenance. This approval expires on August 7, 1998, or earlier if by such earlier date the State has submitted as a SIP revision the required demonstration that the credits are appropriate and that the program is otherwise in compliance with the Clean Air Act and EPA takes final action approving that revision. [62 FR 1187, Jan. 8, 1997] § 52.242 Disapproved rules and regulations. top (a) The following Air Pollution Control District rules are disapproved because they do not meet the requirements of section 110 of the Clean Air Act. (1) South Coast Air Quality Management District. (i) Rule 1623, Credits for Lawn and Garden Equipment, submitted on August 28, 1996 and adopted on May 10, 1996. (ii) Rule 118, Emergencies, submitted on May 21, 1998. (2) Antelope Valley Air Pollution Control District. (i) Rule 118, Emergencies, submitted on March 10, 1998. (3) Imperial County Air Pollution Control District. (i) Rule 401, Opacity of Emissions submitted on May 26, 2000. Rule 401 submitted on June 9, 1987, is retained. (4) San Joaquin Valley Unified Air Pollution Control District. (i) Rule 4101, Visible Emissions, submitted on December 6, 2001 and adopted on November 15, 2001. [65 FR 10717, Feb. 29, 2000, as amended at 66 FR 49297, Sept. 27, 2001; 67 FR 62385, Oct. 7, 2002; 69 FR 1273, Jan. 8, 2004] § 52.243 Interim approval of the Carbon Monoxide plan for the South Coast. top The Carbon Monoxide plan for the Los Angeles-South Coast Air Basin is approved as meeting the provisions of sections 171(1), 172(c)(2), and 187(a)(7) for quantitative milestones and reasonable further progress, and the provisions of section 187(a)(7) for attainment demonstration. This approval expires on August 7, 1998, or earlier if by such earlier date the State has submitted as a SIP revision a demonstration that the carbon monoxide emission reduction credits for the enhanced motor vehicle inspection and maintenance program are appropriate and that the program is otherwise in compliance with the Clean Air Act and EPA takes final action approving that revision, as provided by section 348(c) of the National Highway System Designation Act (Public Law 104–59). [63 FR 19662, Apr. 21, 1998] § 52.244 Motor vehicle emissions budgets. top (a) Approval of the motor vehicle emissions budgets for the following ozone rate-of-progress and attainment SIPs will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes. (1) Antelope Valley, approved January 8, 1997; (2) Coachella, approved January 8, 1997; (3) Kern, approved January 8, 1997; (4) Mojave, approved January 8, 1997; (5) Sacramento, approved January 8, 1997; (6) South Coast, approved April 10, 2000; (7) Ventura, approved January 8, 1997. (b) Approval of the motor vehicle emissions budgets for the following ozone maintenance SIP will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes. (1) Monterey, approved January 17, 1997. (2) [Reserved] (c) Approval of the motor vehicle emissions budgets for the following carbon monoxide maintenance SIPs will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes. (1) Bakersfield, approved March 31, 1998; (2) Chico, approved March 31, 1998; (3) Fresno, approved March 31, 1998; (4) Lake Tahoe-North, approved March 31, 1998; (5) Lake Tahoe-South, approved March 31, 1998; (6) Modesto, approved March 31, 1998; (7) Sacramento, approved March 31, 1998; (8) San Diego, approved March 31, 1998; (9) San Francisco Bay Area, approved March 31, 1998; (10) Stockton, approved March 31, 1998. (d) Approval of the motor vehicle emissions budgets for the following nitrogen dioxide maintenance SIP will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes. (1) South Coast, approved on July 24, 1998. (2) [Reserved] (e) Approval of the motor vehicle emissions budgets for the following PM–10 reasonable further progress and attainment SIPs will apply for transportation conformity purposes only until new budgets based on updated planning data and models have been submitted and EPA has found the budgets to be adequate for conformity purposes. (1) South Coast, approved April 18, 2003. (2) Coachella Valley, approved April 18, 2003. [67 FR 69146, Nov. 15, 2002, as amended at 68 FR 19317, 19319, Apr. 18, 2003] § 52.245 [Reserved] top § 52.246 Control of dry cleaning solvent vapor losses. top (a) For the purpose of this section, “dry cleaning operation” means that process by which an organic solvent is used in the commercial cleaning of garments and other fabric materials. (b) This section is applicable in the Metropolitan Los Angeles, Sacramento Valley, and San Joaquin Valley Intrastate Air Quality Control Regions (the “Regions”), as described in 40 CFR part 81, dated July 1, 1979, except as follows: (1) In the following portions of the Sacramento Valley Region, this section is rescinded: (i) Sacramento County APCD. (ii) Placer County APCD (Mountain Counties Air Basin portion). (iii) Yuba County APCD. (iv) Sutter County APCD. (2) In the following portions of the Metropolitan Los Angeles Intrastate Region, this section is rescinded: (i) Ventura County APCD. (3) In the following portions of the San Joaquin Valley Intrastate Region, this section is rescinded: (i) San Joaquin County APCD. (ii) Stanislaus County APCD. (iii) Tulare County APCD. (iv) Fresno County APCD. (c) Any dry cleaning establishment that uses solvents containing 4 percent or more by volume of any reactive organic material listed under paragraphs (k) (1), (2), and (3) of §52.254 except perchloroethylene or any saturated halogenated hydrocarbon shall reduce the emissions of the discharged organics by 90 percent by use of activated carbon adsorption, or other appropriate means, not later than January 1, 1975. (d) If incineration is used as a control technique, 90 percent or more of the carbon in the organic compounds being incinerated must be oxidized to carbon dioxide. [38 FR 31246, Nov. 12, 1973, as amended at 42 FR 41122, Aug. 15, 1977; 42 FR 42226, Aug. 22, 1977; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR 26385, June 18, 1982; 47 FR 28622, July 1, 1982; 47 FR 29670, July 8, 1982; 47 FR 50865, Nov. 10, 1982] §§ 52.247-52.251 [Reserved] top § 52.252 Control of degreasing operations. top (a) “Degreasing” means any operation using an organic solvent as a surface cleaning agent prior to fabricating, surface coating, electroplating, or any other process. (b) This section is applicable in the Sacramento Valley, San Joaquin Valley, and San Francisco Bay Area Intrastate Air Quality Control Regions (the “Regions”), as described in 40 CFR part 81, dated July 1, 1979, except as follows: (1) In the following portions of the Sacramento Valley Region, this section is rescinded: (i) Sacramento County APCD. (ii) Placer County APCD (Mountain Counties Air Basin portion). (iii) Yuba County APCD. (iv) Sutter County APCD. (c) Any organic emissions discharged from degreasing operations must either be reduced by at least 85 percent, or the degreasing solvent must be classified as non-photochemically reactive as defined by paragraph (k) of §52.254 not later than January 1, 1975. This regulation shall not be construed as lessening any emission control requirement specified under EPA approved regulations or §52.254. Degreasing operations using perchloroethylene or saturated halogenated hydrocarbons shall be exempt from the requirements of this section. [38 FR 31249, Nov. 12, 1973, as amended at 42 FR 42226, Aug. 22, 1977; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR 19332, May 5, 1982; 47 FR 28622, July 1, 1982] § 52.253 Metal surface coating thinner and reducer. top (a) All terms defined in §52.254 are used herein with the meanings so defined. (b) This section is applicable in the Metropolitan Los Angeles, San Diego, Sacramento Valley, San Joaquin Valley, and San Francisco Bay Area Intrastate Air Quality Control Regions (the “Regions”), as described in 40 CFR part 81, dated July 1, 1979, except as follows: (1) In the following portions of the Sacramento Valley Intrastate Region, this section is either fully rescinded or partially rescinded subject to the conditions specified as follows: (i) Sacramento County APCD. (ii) Placer County APCD (Mountain Counties Air Basin portion). (iii) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Yolo-Solano County Rule 2.25 submitted on February 25, 1980. (iv) Yuba County APCD. (v) Sutter County APCD. (2) In the following portions of the Metropolitan Los Angeles Intrastate Region, this section is either fully rescinded or partially rescinded subject to the conditions specified as follows: (i) This section is fully rescinded for the Ventura County APCD. (ii) This section is rescinded for magnet wire insulators, can and coil coaters, metal parts coaters, and auto assembly line coaters which are subject to and in full compliance with Rules 1107, 1115, 1125, and 1126 in the South Coast AQMD. (iii) This section is rescinded for metal parts coaters that are subject to and in full compliance with Rule 330 submitted on October 18, 1979, in the Santa Barbara County APCD. (3) In the following portions of the San Joaquin Valley Intrastate Region, this section is rescinded for certain sources subject to the conditions specified: (i) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Kern County Rule 410.4, submitted on October 15, 1979. (ii) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Madera County APCD's Rule 410.4 submitted on October 10, 1980. (iii) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Merced County Rule 409.4 submitted on October 10, 1980. (iv) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with San Joaquin County Rule 409.4 submitted on October 10, 1980. (v) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Stanislaus County Rule 410.4 submitted on October 10, 1980. (vi) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Tulare County Rule 410.4 submitted on October 10, 1980. (vii) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Kings County Rule 410.4 submitted on October 10, 1980. (viii) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with Fresno County Rule 409.4 submitted on October 15, 1979. (4) In the San Francisco Bay Area Intrastate Region this section is rescinded for certain operations, subject to the conditions specified below: (i) This section is rescinded for metal container, closure and coil coating operations, light and medium-duty motor vehicle assembly plants, large appliance and metal furniture coaters, and miscellaneous metal parts and products coating operations, which are subject to and in full compliance with Rules 11, 13, 14, and 19 of Regulation 8 in the Bay Area AQMD. (5) In the San Diego Intrastate Region, this section is rescinded: (i) This section is rescinded for metal parts and products coaters which are subject to and in full compliance with San Diego APCD Rule 67.3, submitted on October 25, 1979. (c) The composition of the organics in all metal surface coating thinners and reducers that are manufactured after January 1, 1975, and are used in the Regions, shall conform to paragraph (k) of §52.254 so as to be defined as a nonphotochemically reactive solvent. (d) After July 1975, the composition of the organics in all metal surface coating thinners and reducers that are used in the Regions, shall conform to paragraph (k) of §52.254 so as to be defined as a non-photochemically reactive solvent. (e) If there is an inadequate supply of necessary solvent ingredients needed in the manufacture of metal surface coating thinners and reducers for the purpose of meeting the composition requirements of this section in the time constraint required by this section; then evidence of such a supply inadequacy must be presented to the Administrator by the manufacturers of the metal surface coating thinners and reducers, so that the Administrator may grant to the industry an appropriate implementation time extension for meeting the requirements of this section, if and as warranted by the evidence presented. [38 FR 31249, Nov. 12, 1973, as amended at 42 FR 28123, June 2, 1977; 46 FR 5979, Jan. 21, 1981; 46 FR 42461, Aug. 21, 1981; 47 FR 11870, Mar. 19, 1982; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR 19332, May 5, 1982; 47 FR 19698, May 7, 1982; 47 FR 24308, June 4, 1982; 47 FR 28622, July 1, 1982] § 52.254 Organic solvent usage. top (a) This section is applicable in the Sacramento Valley, San Francisco Bay Area, and San Joaquin Valley Intrastate Air Quality Control Regions (the “Regions”), as described in 40 CFR part 81, dated July 1, 1979, except as follows: (1) In the following portions of the San Joaquin Valley Region, only the hourly emission limitations contained in paragraphs (b), (c), and (d) of this section are in effect; the following paragraphs, needed for interpretation are also in effect: Paragraphs (e) through (l) and (o) through (q) of this section. In addition, this section is entirely rescinded for specific operations for some of the counties noted below: (i) This section is rescinded entirely for metal parts and products coaters which are subject to and in full compliance with Rule 409.4 for the Fresno County APCD, Rule 410.4 for the Kings County APCD, Rule 410.4 for the Madera County APCD, Rule 409.4 for the Merced County APCD, Rule 409.4 for the San Joaquin County APCD, Rule 409.4 for the Stanislaus County APCD, and Rule 410.4 for the Tulare County APCD. (ii) Kern County APCD. This section is rescinded entirely for metal parts and product coaters which are subject to and in full compliance with Rule 410.4. (iii) Fresno County APCD. (iv) San Joaquin County APCD. (v) Madera County APCD. (vi) Merced County APCD. (2) In the following portions of the San Joaquin Valley Region, only the hourly emission limitations contained in paragraphs (b), (c), and (d) of this section and the architectural coatings and solvent disposal emission limitations contained in paragraphs (m) and (n) of this section are in effect; the following paragraphs, needed for interpretation and enforcement of these emission limitations, are also in effect: Paragraphs (e) through (l) and (o) through (q) of this section. (i) Kings County APCD. (3) In the following portions of the Sacramento Valley Region, this section is rescinded: (i) Sacramento County APCD. (ii) Yolo-Solano APCD. (iii) Shasta County APCD. (iv) Placer County APCD (Mountain Counties Air Basin portion). (v) Yuba County APCD. (vi) Sutter County APCD. (vii) El Dorado County (Mountain Counties Air Basin portion). (4) This section is rescinded for the San Francisco Bay Area Intrastate Region except for paragraph (d), which is retained until December 31, 1982 for sources constructed prior to October 2, 1974. The following paragraphs, needed for interpretation and enforcement of paragraph (d) are also in effect: Paragraphs (e) through (l) and (o) through (q) of this section. (5) In the following portions of the Sacramento Valley Intrastate Region, paragraph (m) of this section is rescinded. (i) Butte County APCD. (ii) Sutter County APCD. (b) No person shall discharge into the atmosphere more than 15 pounds of organic materials in any 1 day or more than 3 pounds in any 1 hour from any article, machine, equipment, or other contrivance in which any organic solvent or any material containing organic solvent comes into contact with flame or is baked, heat-cured, or heat-polymerized in the presence of oxygen, unless said discharge has been reduced by at least 85 percent. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing continuous web, strip, or wire that emit organic materials in the course of using operations described in this section shall be collectively subject to compliance with this section. (c) A person shall not discharge to the atmosphere more than 40 pounds of organic materials in any 1 day or more than 8 pounds in any 1 hour from any article, machine, equipment, or other contrivance used under conditions other than those described in paragraph (b) of this section for employing or applying any photochemically reactive solvent, as defined in paragraph (k) of this section, or material containing such photochemically reactive solvent, unless said discharge has been reduced by at least 85 percent. Emissions of organic materials into the atmosphere resulting from air- or heated-drying of products for the first 12 hours after their removal from any article, machine, or other contrivance described in this section shall be included in determining compliance with this paragraph. Emissions resulting from baking, heat-curing, or heat-polymerizing as described in paragraph (b) of this section shall be excluded from determination of compliance with this section. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing a continuous web, strip, or wire that emit organic materials in the course of using operations described in this section shall be collectively subject to compliance with this section. (d) A person shall not, after August 31, 1976, discharge into the atmosphere more than 3,000 pounds of organic materials in any 1 day or more than 450 pounds in any 1 hour from any article, machine, equipment, or other contrivance in which any non-photochemically reactive organic solvent or any material containing such a solvent is employed or applied, unless said discharge has been reduced by at least 85 percent. Emissions of organic materials into the atmosphere resulting from air- or heated-drying of products for the first 12 hours after their removal from any article, machine, equipment, or other contrivance described in this section shall be included in determining compliance with this section. Emissions resulting from baking, heat-curing, or heat-polymerizing as described in paragraph (b) of this section shall be excluded from determination of compliance with this section. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing a continuous web, strip, or wire that emit organic materials in the course of using operations described in this section shall be collectively subject to compliance with this section. (e) Emissions of organic materials to the atmosphere from the cleaning with photochemically reactive solvent, as defined in paragraph (k) of this section, of any article, machine, equipment, or other contrivance described in paragraph (b), (c), or (d) of this section, shall be included with the other emissions of organic materials for determining compliance with this rule. (f) Emissions of organic materials into the atmosphere required to be controlled by paragraph (b), (c), or (d) of this section, shall be reduced by: (1) Incineration, provided that 90 percent or more of the carbon in the organic material being incinerated is oxidized to carbon dioxide, or (2) Adsorption, or (3) Processing in a manner determined by the Administrator to be not less effective than the methods outlined in paragraph (f) (1) or (2) of this section. (g) A person incinerating, adsorbing, or otherwise processing organic materials pursuant to this section shall provide, properly install and maintain in calibration, in good working order and in operation, devices as specified in the authority to construct or permit to operate, or as specified by the Administrator, for indicating temperatures, pressures, rates of flow, or other operating conditions necessary to determine the degree and effectiveness of air pollution control. (h) Any person using organic solvents or any materials containing organic solvents shall supply the Administrator upon request and in the manner and form prescribed by him, written evidence of the chemical composition, physical properties, and amount consumed for each organic solvent used. (i) The provisions of this section shall not apply to: (1) The manufacture of organic solvents, or the transport or storage of organic solvents or materials containing organic solvents. (2) The use of equipment for which other requirements are specified by rules or which are exempted from air pollution control requirements by applicable rules affecting the storage of petroleum products, effluent oil-water separators, and the transfer of gasoline. (3) The spraying or other employment of insecticides, pesticides, or herbicides. (4) The employment, application, evaporation, or drying of saturated halogenated hydrocarbons or perchloroethylene. (5) The use of any material in any article, machine, equipment, or other contrivance described in paragraph (b), (c), (d), or (e) of this section, if: (i) The volatile content of such materials consists only of water and organic solvent, and (ii) The organic solvents comprise not more than 20 percent by volume of said volatile content, and (iii) The volatile content is not photochemically reactive as defined in paragraph (k) of this section, and (iv) The organic solvent or any material containing organic solvent does not come into contact with flame. This last stipulation applies only for those articles, machines, equipment, or contrivances that are constructed or modified after the effective date of this section. (6) The use of any material in any article, machine, equipment or other contrivance described in paragraph (b), (c), (d), or (e) of this section, if: (i) The organic solvent content of such material does not exceed 30 percent by volume of said material; this to be effective until January 1, 1977. After January 1, 1977, the organic solvent content of such material must not exceed 20 percent by volume of said material. (ii) The volatile content is not photochemically reactive as defined in paragraph (k) of this section, and (iii) The organic solvent or any material containing organic solvent does not come into contact with flame. This last stipulation applies only for those articles, machines, equipment, or contrivances that are constructed or modified after the effective date of this section. (j) For the purposes of this section, organic solvents include diluents, thinners, and reducers and are defined as organic materials that are liquids at standard conditions and are used as dissolvers, viscosity reducers, or cleaning agents, except that such materials exhibiting a boiling point higher than 220 °F at 0.5 millimeter mercury absolute pressure or having an equivalent vapor pressure shall not be considered to be solvents unless exposed to temperatures exceeding 220 °F. (k) For the purpose of this section, a photochemically reactive solvent is any solvent with an aggregate of more than 20 percent of its total volume composed of the chemical compounds classified below or which exceeds any of the following individual percentage composition limitations, referred to the total volume of solvent: (1) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones having an olefinic or cycloolefinic type of unsaturation; 5 percent; (2) A combination of aromatic compounds with 8 or more carbon atoms to the molecule except ethylbenzene, phenyl acetate, and methyl benzoate; 8 percent; (3) A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichloroethylene or toluene: 20 percent. Whenever any organic solvent or any constituent of an organic solvent may be classified from its chemical structure into more than one of the above groups of organic compounds, it shall be considered as a member of the most reactive chemical group, that is, that group having the least allowable percent of the total volume of solvents. (l) For the purpose of this section, organic materials are defined as chemical compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbonates, and ammonium carbonate. (m) Architectural coatings and their use shall conform to the following requirements, on or before January 1, 1975: (1) A person shall not sell or offer for sale or use in the areas in which this section applies, in containers of 1-quart capacity or larger, any architectural coating containing photochemically reactive solvent, as defined in paragraph (k) of this section. (2) A person shall not employ, apply, evaporate, or dry in the areas in which this section applies, any architectural coating purchased in containers of 1–quart capacity or larger containing photochemically reactive solvent, as defined in paragraph (k) of this section. (3) A person shall not thin or dilute any architectural coating with a photochemically reactive solvent, as defined in paragraph (k) of this section. (4) For the purpose of this section, an architectural coating is defined as a coating used for residential or commercial buildings and their appurtenances, or for industrial buildings. (n) A person shall not during any one day dispose of a total of more than 1.5 gallons of any photochemically reactive solvent as defined in paragraph (k) of this section, or of any material containing more than 1.5 gallons of any such photochemically reactive solvent by any means that will permit the evaporation of such solvent into the atmosphere. (o) Compliance schedule. (1) Except where other final compliance dates are provided in this section, the owner or operator of any stationary source subject to this section shall comply with this section on or before March 31, 1974. In any event: (i) Any owner or operator in compliance with this section on the effective date of this section shall certify such compliance to the Administrator no later than 120 days following the effective date of this section. (ii) Any owner or operator who achieves compliance with this section after the effective date of this section shall certify such compliance to the Administrator within 5 days of the date compliance is achieved. (p) Any owner or operator of a stationary source subject to paragraph (o)(1) of this section may, not later than 120 days following the effective date of this section, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with the provisions in paragraph (o)(1) of this section as expeditiously as practicable but no later than July 31, 1975. The compliance schedule shall provide for increments of progress toward compliance. The dates for achievement of such increments of progress shall be specified. Increments of progress shall include, but not be limited to: Submittal of a final control plan to the Administrator; letting of necessary contracts for construction or process changes or issuance of orders for the purchase of component parts to accomplish emission control or process modification; initiation of onsite construction or installation of emission control equipment or process modification; completion of onsite construction or installation of emission control equipment or process modification and final compliance. (q) Any owner or operator who submits a compliance schedule pursuant to this section shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met. [38 FR 31249, Nov. 12, 1973] Editorial Note: For Federal Register citations affecting §52.254, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.255 Gasoline transfer vapor control. top (a) “Gasoline” means any petroleum distillate having a Reid vapor pressure of 4 pounds or greater. (b) This section is applicable in the Metropolitan Los Angeles and Sacramento Valley Intrastate Air Quality Control Regions, as described in 40 CFR part 81, dated July 1, 1979, with the following exceptions: (1) The control requirements of this section are limited to facilities with a total throughput less than 20,000 gallons per day, the refilling of delivery vessels at these facilities, and storage containers serviced by these facilities for those air pollution control districts identified below. (i) Ventura County APCD. (2) The control requirements of this section are rescinded in the following air pollution control districts. (i) South Coast AQMD. (ii) Santa Barbara County APCD. (iii) Placer County APCD (Mountain Counties Air Basin portion). (iv) Sacramento County APCD. (v) Yolo-Solano County APCD. (vi) Butte County APCD. (vii) Glenn County APCD. (viii) El Dorado County APCD (Mountain Counties Air Basin portion). (3) The control requirements of this section are rescinded in the following air pollution control districts: (i) South Coast AQMD. (ii)–(viii) [Reserved] (ix) Santa Barbara County APCD. (x) Placer County APCD (Mountain Counties Air Basin portion). (xi) Sacramento County APCD. (xii) Yolo-Solano County APCD. (xiii) Butte County APCD. (xiv) Glenn County APCD. (c) No person shall transfer gasoline from any delivery vessel into any stationary storage container with a capacity greater than 250 gallons unless such container is equipped with a submerged fill pipe and unless the displaced vapors from the storage container are processed by a system that prevents release to the atmosphere of no less than 90 percent by weight of organic compounds in said vapors displaced from the stationary container location. (1) The vapor recovery portion of the system shall include one or more of the following: (i) A vapor-tight return line from the storage container to the delivery vessel and a system that will ensure that the vapor return line is connected before gasoline can be transferred into the container. (ii) Refrigeration-condensation system or equivalent designed to recover no less than 90 percent by weight of the organic compounds in the displaced vapor. (2) If a “vapor-tight vapor return” system is used to meet the requirements of this section, the system shall be so constructed as to be readily adapted to retrofit with an adsorption system, refrigeration-condensation system, or equivalent vapor removal system, and so constructed as to anticipate compliance with §52.256. (3) The vapor-laden delivery vessel shall be subject to the following conditions: (i) The delivery vessel must be so designed and maintained as to be vapor-tight at all times. (ii) The vapor-laden delivery vessel may be refilled only at facilities equipped with a vapor recovery system or the equivalent, which can recover at least 90 percent by weight of the organic compounds in the vapors displaced from the delivery vessel during refilling. (iii) Facilities that do not have more than a 20,000 gallon per day throughput, and distribute less than 10% of daily volume to delivery vehicles that in turn service storage tanks that are required to have a vapor return or balance system, will not be required to comply with the provisions of paragraph (c) of this section before May 31, 1977. Facilities that service delivery vehicles that in turn deliver not more than 500,000 gallons per year to storage tanks that are required to comply with the provisions of paragraph (c) of this section will not be required to comply with the provisions of paragraph (c) of this section before January 1, 1977. Facilities that exclusively service storage tanks that do not have a required vapor return or balance system, will not be required to have a vapor recovery system. (iv) Gasoline storage compartments of 1,000 gallons or less in gasoline delivery vehicles presently in use on the promulgation date of this regulation will not be required to be retrofitted with a vapor return system until May 31, 1977. (v) Storage containers served by delivery vessels filled at distribution facilities with extended compliance dates will not be required to comply with the provisions of paragraph (c) of this section until May 31, 1977. (d) The provisions of paragraph (c) of this section shall not apply to the following: (1) Storage containers used primarily for the fueling of implements of husbandry, if such container is equipped by May 31, 1977 with a permanent submerged fill pipe, or at the time of installation for containers installed after this date. (2) Any storage container having a capacity of 2,000 gallons or less and installed prior to July 1, 1975, if such container is equipped with a permanent submerged fill pipe by May 31, 1977. (3) Transfer made to storage tanks equipped with floating roofs or their equivalent. (4) Storage containers installed after July 1, 1975 in Kings County. (5) Storage containers installed after January 1, 1975 in Madera County. (e) Compliance schedule: (1) June 1, 1974—Submit to the Administrator a final control plan, which describes at a minimum the steps that will be taken by the source to achieve compliance with the provisions of paragraph (c) of this section. (2) March 1, 1975—Negotiate and sign all necessary contracts for emission control systems, or issue orders for the purchase of component parts to accomplish emission control. (3) May 1, 1975—Initiate on-site construction or installation of emission control equipment. (4) February 1, 1976—Complete on-site construction or installation of emission control equipment. (5) July 1, 1976—Assure final compliance with the provisions of paragraph (c) of this section. (6) Any owner or operator of sources subject to the compliance schedule in this paragraph shall certify to the Administrator, within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met. (f) Paragraph (e) of this section shall not apply: (1) To a source which is presently in compliance with the provisions of paragraph (c) of this section and which has certified such compliance to the Administrator by June 1, 1974. The Administrator may request whatever supporting information he considers necessary for proper certification. (2) To a source for which a compliance schedule is adopted by the State and approved by the Administrator. (3) To a source whose owner or operator submits to the Administrator, by June 1, 1974, a proposed alternative schedule. No such schedule may provide for compliance after March 1, 1976. If promulgated by the Administrator, such schedule shall satisfy the requirements of this section for the affected source. (g) Nothing in this section shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (e) of this section fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. (h) Any gasoline-dispensing facility subject to this section that installs a storage tank after the effective date of this section shall comply with the requirements of paragraph (c) of this section by March 1, 1976 and prior to that date shall comply with paragraph (e) of this section as far as possible. Any facility subject to this section that installs a storage tank after March 1, 1976, shall comply with the requirements of paragraph (c) of this section at the time of installation. [38 FR 31251, Nov. 12, 1973] Editorial Note: For Federal Register citations affecting §52.255, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.256 Control of evaporative losses from the filling of vehicular tanks. top (a) “Gasoline” means any petroleum distillate having a Reid vapor pressure of 4 pounds or greater. (b) This section is applicable in the Metropolitan Los Angeles and Sacramento Valley Intrastate Air Quality Control Regions, except as follows: (1) In the following portions of the Metropolitan Los Angeles Intrastate Region, this section is rescinded. (i) South Coast AQMD. (ii) Santa Barbara County APCD. (2) In the following portions of the San Joaquin Valley Intrastate Region, this section is rescinded. (i) Kings County APCD. (3) In the following portion of the Sacramento Valley Intrastate Region, this section is rescinded. (i) Sacramento County APCD. (ii) El Dorado County APCD (Mountain Counties Air Basin portion). (iii) Placer County APCD (Mountain Counties Air Basin portion). (c) A person shall not transfer gasoline to an automotive fuel tank from a gasoline dispensing system unless the transfer is made through a fill nozzle designed to: (1) Prevent discharge of hydrocarbon vapors to the atmosphere from either the vehicle filler neck or dispensing nozzle; (2) Direct vapor displaced from the automotive fuel tank to a system wherein at least 90 percent by weight of the organic compounds in displaced vapors are recovered; and (3) Prevent automotive fuel tank overfills or spillage on fill nozzle disconnect. (d) The system referred to in paragraph (c) of this section can consist of a vapor-tight vapor return line from the fill nozzle/filler neck interface to the dispensing tank or to an adsorption, absorption, incineration, refrigeration-condensation system or its equivalent. (e) Components of the systems required by paragraph (c) of §52.255 can be used for compliance with paragraph (c) of this section. (f) If it is demonstrated to the satisfaction of the Administrator that it is impractical to comply with the provisions of paragraph (c) of this section as a result of vehicle fill neck configuration, location, or other design features for a class of vehicles, the provisions of this paragraph shall not apply to such vehicles. However, in no case shall such configuration exempt any gasoline dispensing facility from installing and using in the most effective manner a system required by paragraph (c) of this section. (g) Compliance schedule: (1) January 1, 1975—Submit to the Administrator a final control plan, which describes at a minimum the steps that will be taken by the source to achieve compliance with the provisions of paragraph (c) of this section. (2) March 1, 1975—Negotiate and sign all necessary contracts for emission control systems, or issue orders for the purchase of component parts to accomplish emission control. (3) May 1, 1975—Initiate on-site construction or installation of emission control equipment. Compliance with the requirements of paragraph (c) of this section shall be as soon as practicable, but no later than specified in paragraphs (g) (4) and (5)of this section. (4) May 1, 1977—Complete on-site construction or installation of emission control equipment or process modification. (5) May 31, 1977—Assure final compliance with the provisions of paragraph (c) of this section. (6) Any owner or operator of sources subject to the compliance schedule in this paragraph (g) shall certify to the Administrator, within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met. (h) Paragraph (g) of this section shall not apply: (1) To a source which is presently in compliance with the provisions of paragraph (c) of this section and which has certified such compliance to the Administrator by January 1, 1975. The Administrator may request whatever supporting information he considers necessary for proper certification. (2) To a source for which a compliance schedule is adopted by the State and approved by the Administrator. (3) To a source whose owner or operator submits to the Administrator, by June 1, 1974, a proposed alternative schedule. No such schedule may provide for compliance after May 31, 1977. If promulgated by the Administrator, such schedule shall satisfy the requirements of this section for the affected source. (i) Nothing in this section shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (g) of this section fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. (j) Any gasoline dispensing facility subject to this section that installs a gasoline dispensing system after the effective date of this section shall comply with the requirements of paragraph (c) of this section by May 31, 1977, and prior to that date shall comply with paragraph (g) of this section as far as possible. Any facility subject to this section that installs a gasoline dispensing system after May 31, 1977, shall comply with the requirements of paragraph (c) of this section at the time of installation. [38 FR 31251, Nov. 12, 1973, as amended at 39 FR 4881, Feb. 8, 1974; 39 FR 21053, June 18, 1974; 46 FR 5979, Jan. 21, 1981; 46 FR 60203, Dec. 9, 1981; 47 FR 19332, May 5, 1982; 47 FR 19698, May 7, 1982; 47 FR 28622, July 1, 1982; 47 FR 29538, July 7, 1982; 51 FR 40676, Nov. 7, 1986] §§ 52.257-52.262 [Reserved] top § 52.263 Priority treatment for buses and carpools—Los Angeles Region. top (a) Definitions: (1) “Carpool” means a vehicle containing three or more persons. (2) “Bus/carpool lane” means a lane on a street or highway open only to buses (or to buses and carpools), whether constructed especially for that purpose or converted from existing lanes. (3) “Preferential treatment” for any class of vehicles, means either the setting aside of one traffic lane for the exclusive use of such vehicles or other measures (for example, access metering or setting aside the entire street), which the Administrator finds would be at least equal in VMT reduction effect to the establishment of such a lane. (b) This regulation is applicable in the Metropolitan Los Angeles Intrastate Air Quality Control Region (the “Region”). (c) On or before May 31, 1974, the State of California, through the State Department of Transportation or through other agencies to which legal authority has been delegated, shall establish the following system of bus/carpool lanes. (1) Ventura/Hollywood Corridor—a concurrent flow exclusive bus/carpool lane from Topanga Canyon Boulevard, Woodland Hills (U.S. 101) to junction of the Hollywood Freeway, and contraflow on the Hollywood Freeway (U.S. 101) from the junction with Ventura Freeway in North Hollywood to Vermont Avenue, and bus preferential treatment on arterial surface streets from Vermont Avenue to the Los Angeles central business district (CBD). (2) Harbor Freeway Corridor—contraflow on Harbor Freeway (California 11) from vicinity of Pacific Coast Highway, in Wilmington, to junction of Santa Monica Freeway (I–10), then by surface street preferential treatment to LA/CBD. (3) Wilshire Corridor—surface street preferential bus treatment from vicinity of San Vincente Boulevard, to LA/CBD. (4) San Bernardino Freeway Corridor–Bus/carpool lane, either contraflow, or concurrent flow on San Bernardino Freeway from El Monte terminus of existing San Bernardino Freeway bus lane (I–10), to vicinity of Ontario Airport. (5) Priority Treatment in CBD—provide preferential treatment in CBD on surface streets to connect Wilshire and San Bernardino corridors. (d) On or before May 31, 1976, the State of California, through the State Department of Transportation or other agencies to which legal authority has been delegated, shall establish the following system of bus and bus/carpool lanes: (1) Contraflow lane on the Golden State Freeway (I–5) from junction of Ventura Freeway (California 134) in Los Angeles to San Bernardino Freeway (I–10). (2) Contraflow on Pasadena Freeway (California 11) from terminus in City of Pasadena to Hollywood Freeway (U.S. 101). (3) Contraflow on Pomona Freeway from San Gabriel Freeway (I–605) to Santa Ana Freeway (I–5). (4) Concurrent flow in San Diego Freeway (I–405) from Ventura Freeway (U.S. 101) in Sherman Oaks to Newport Freeway (California 55), Costa Mesa. (5) Concurrent flow on Long Beach Freeway (California 7) from Santa Ana Freeway (I–5), City of Commerce to San Diego Freeway (I–405), Long Beach. (6) Artesia Freeway (California 91) from Santa Ana Freeway (I–5) to Long Beach Freeway (California 7), Long Beach. (e) State III will include specific routes in other portions of the Region. (f) On or before December 31, 1973, the State of California shall submit to the Administrator a compliance schedule showing the steps it will take to establish the system of bus/carpool lanes required by paragraphs (c) and (d) of this section, with each schedule to include the following: (1) A schedule for the establishment of the lanes. The schedule for the lanes required by paragraph (d) of this section shall provide for the first such lane to be set aside no later than June 1, 1974. (2) Bus/carpool lanes must be prominently indicated by overhead signs at appropriate intervals and at each intersection of entry ramps. (3) Bus/carpool lanes must be prominently indicated by distinctive painted, pylon, or physical barriers. (4) Vehicles using a bus/carpool lane shall have the right of way when crossing other portions of the road to enter or leave such lanes. (5) At a minimum, the bus/carpool lanes so set aside shall operate from 6:30 a.m. to 9:30 a.m. and from 3:30 to 6:30 a.m. each weekday. (g) No deviation from the system of bus/carpool lanes required under paragraphs (c) and (d) of this section shall be permitted except upon application made by the State of California to the Administrator at the time of submittal of compliance schedules and approved by him, which application must contain a satisfactory designation of alternate routes for the establishment of such lanes. [38 FR 31254, Nov. 12, 1973] §§ 52.264-52.268 [Reserved] top § 52.269 Control strategy and regulations: Photochemical oxidants (hydrocarbons) and carbon monoxide. top (a) The requirements of subpart G of this chapter are not met because the plan does not provide for attainment and maintenance of the national standards for photochemical oxidants (hydrocarbons) and carbon monoxide in the San Francisco Bay Area, San Diego, Sacramento Valley, San Joaquin Valley, and Southeast Desert Intrastate Regions by May 31, 1975. (b) The following regulatory changes represent a relaxation of previously submitted regulations, and an adequate control strategy demonstration has not been submitted showing that the relaxation would not interfere with the attainment and maintenance of the national standards for photochemical oxidants. (1) Mountain Counties Intrastate Region. (i) Calaveras County APCD. (A) The revocation of Rule 412, Organic Liquid Loading, is disapproved. Rule 412 submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. (B) The revocation of Rule 413, Effluent Oil Water Separators, is disapproved; and Rule 413 submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. (ii) Tuolumne County APCD. (A) The revocation of Rule 413, Organic Liquid Loading, is disapproved; and Rule 413 submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. (B) The revocation of Rule 414, Effluent Oil Water Separators, is disapproved; and Rule 414 submitted on June 30, 1972 and previously approved in 40 CFR 52.223 is retained. (C) The revocation of Rule 413, Organic Liquid Loadings, submitted February 10, 1977, is disapproved; and the previously approved Rule 413 submitted on June 30, 1972 remains in effect. (D) The revocation of Rule 414, Effluent Oil Water Separators, submitted on February 10, 1977, is disapproved; and the previously approved Rule 414 submitted on June 30, 1972, remains in effect. (1–1) San Joaquin Valley Intrastate Region. (i) Stanislaus County APCD. (A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule 411.1 submitted on April 21, 1976 remains in effect. (ii) Merced County APCD. (A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule 411.1, submitted on August 2, 1976, remains in effect. (iii) Fresno County APCD. (A) Rules 411.1, Gasoline Transfer Into Vehicle Fuel Tanks, submitted on November 4, 1977, is disapproved; and Rule 411.1 submitted on April 21, 1976, and previously approved under 40 CFR 52.223, is retained. (iv) Tulare County APCD. (A) Section 412.1, Transfer of Gasoline Into Vehicle Fuel Tanks, submitted on October 13, 1977, is disapproved; and Section 412.1, submitted on April 21, 1976, and previously approved under 40 CFR 52.223, is retained. (v) Madera County APCD. (A) Rule 412.1, Transfer of Gasoline Into Stationary Storage Containers, submitted on October 13, 1977, is disapproved; and Rules 411, Gasoline Storage and 411.1, Transfer of Gasoline Into Stationary Storage Containers, submitted on June 30, 1972, and April 10, 1976, respectively, and previously approved under 40 CFR 52.223 are retained. (vi) San Joaquin County APCD. (A) Rule 411.2, Transfer of Gasoline Into Vehicle Fuel Tanks, submitted on November 4, 1977, is disapproved; and rule 411.2, submitted on February 10, 1976 and previously approved under 40 CFR 52.223, is retained. (2) Sacramento Valley intrastate region: (i) Sacramento County APCD. (A) Rule 13 submitted on November 4, 1977, is disapproved. (ii) Placer County APCD. (A) Rule 218, Architectural Coatings, adopted on May 20, 1985 and submitted to EPA on February 10, 1986 is disapproved. The version of this rule by the same number and title submitted on July 19, 1983 and approved by EPA on May 3, 1984 is retained. (iii) Sutter County APCD. (A) Rule 3.15, Architectural Coatings, adopted on October 15, 1985 and submitted to EPA on February 10, 1986 is disapproved. The version of this rule by the same number and title submitted on January 1, 1981 and approved by EPA on May 3, 1982 is retained. (3) Southeast Desert Intrastate AQCR. (i) Los Angeles County APCD. (A) Regulation IV, rule 465, Vacuum Producing Devices or Systems, submitted on June 6, 1977, is disapproved. Rule 74 with the same title, submitted on June 6, 1977, is disapproved. Rule 69 with the same title, submitted on June 30, 1972 and approved under 40 CFR 52.223, is retained. (ii) Riverside County APCD. (A) Regulation IV, rule 465, Vacuum Producing Devices or Systems, submitted on June 6, 1977, is disapproved. Rule 74 with the same title, submitted on June 30, 1972 and approved under 40 CFR 52.223, is retained. (B) Rule 461, Gasoline Transfer and Dispensing, submitted November 4, 1977, is disapproved. The version of this rule submitted on April 21, 1977 (same number and title), which was previously approved in 40 CFR 52.223, is retained. (iii) Antelope Valley APCD. (A) Rule 461, Gasoline Transfer and Dispensing, submitted on May 13, 1999, is disapproved. The version of this rule submitted on January 31, 1996 (same title and number), which was previously approved in 40 CFR 52.220, is retained. (4) Great Basin Valleys Intrastate Region. (i) Great Basin Unified APCD. (A) Rule 418 submitted on November 4, 1977, is disapproved. Rule 418 submitted on April 21, 1976 remains in effect. (B) Rule 419, Gasoline Loading into Stationary Tanks, submitted on June 22, 1978, is disapproved, and rule 419, submitted April 21, 1976, and previously approved in 40 CFR 52.223, is retained. (c) The following rules and regulations are disapproved because they represent a relaxation of promulgated EPA regulations, and an adequate control strategy demonstration has not been submitted showing that the relaxation would not interfere with the attainment and maintenance of the national standrds for photochemical oxidants: (1) Sacramento Valley Intrastate AQCR. (i) Yolo-Solano APCD. (A) Rules 2.21(b)(1), 2.21(b)(2), 2.21(b)(4), 2.21(b)(5) and 2.21(b)(6), submitted on June 6, 1977. (d) Imperial County APCD Rule 415, Gasoline Loading from Tank Trucks and Trailers, submitted by the State on November 4, 1977 is approved as applicable to facilities installed after July 1, 1977. District Rule 125, Gasoline Loading into Tank Trucks and Trailers and Rule 129, Gasoline loading into Tanks, submitted on February 21, 1972 and previously approved under 40 CFR 52.223 are retained as part of the State implementation plan, as applicable to facilities installed prior to July 1, 1977. (e) The emission reduction credits for the following control measures contained in Ventura County's 1982 Ozone nonattainment area plan, submitted by the Governor's designee on December 31, 1982, are disapproved since the control measures are of an intermittent and voluntary nature and are therefore not approvable under Sections 110(a)(2)(F)(v) and 123 of the Clean Air Act: R–38/N–16, “No Use Day”; R–39/N–17, “No Drive Day”; R–40, “No Spray Day”; R–41/N–18 “Stationary Source Curtailments.” [38 FR 16564, June 22, 1973. Redesignated at 40 FR 3767, Jan. 24, 1975] Editorial Note: For Federal Register citations affecting §52.269, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.270 Significant deterioration of air quality. top (a) With the exception of the areas listed in paragraph (b) of this section: (1) The requirements of Sections 160 through 165 of the Clean Air Act are not met in California. (2) The plan does not include approvable procedures for preventing the significant deterioration of air quality. (3) The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of California. (b) District PSD Plans. (1) The PSD rules for Sacramento County Air Pollution Control District are approved under Part C, Subpart 1, of the Clean Air Act. However, EPA is retaining authority to apply §52.21 in certain cases. The provisions of §52.21 except paragraph (a)(1) are therefore incorporated and made a part of the State plan for California for the Sacramento County Air Pollution Control District for: (i) Those cogeneration and resource recovery projects which are major stationary sources or major modifications under §52.21 and which would cause violations of PSD increments. (ii) Those projects which are major stationary sources or major modifications under §52.21 and which would either have stacks taller than 65 meters or would use “dispersion techniques” as defined in §51.1. (iii) Sources for which EPA has issued permits under §52.21, including the following permit and any others for which applications are received by June 19, 1985. Procter & Gamble, SAC 83–01, 5/6/83. (2) The PSD rules for North Coast Unified Air Quality Management District are approved under Part C, Subpart 1, of the Clean Air Act. However, EPA is retaining authority to apply §52.21 in certain cases. The provisions of §52.21 except paragraph (a)(1) are therefore incorporated and made a part of the State plan for California for the North Coast Unified Air Quality Management District for: (i) Those cogeneration and resource recovery projects which are major stationary sources or major modifications under §52.21 and which would cause violations of PSD increments. (ii) Those projects which are major stationary sources of major modifications under §52.21 and which would either have stacks taller than 65 meters or would use “dispersion techniques” as defined in §51.1. (iii) Sources for which EPA has issued permits under §52.21, including the following permits and any others for which applications are received by July 31, 1985; (A) Arcata Lumber Co. (NC 78–01; November 8, 1979), (B) Northcoast Paving (NC 79–03; July 5, 1979), (C) PG&E Buhne Pt. (NC 77–05). (3) The PSD rules for Mendocino County Air Pollution Control District are approved under Part C, Subpart 1, of the Clean Air Act. However, EPA is retaining authority to apply §52.21 in certain cases. The provisions of §52.21 except paragraph (a)(1) are therefore incorporated and made a part of the State plan for California for the Mendocino County Air Pollution Control District for: (i) Those cogeneration and resource recovery projects which are major stationary sources or major modifications under §52.21 and which would cause violations of PSD increments. (ii) Those projects which are major stationary sources or major modifications under §52.21 and which would either have stacks taller than 65 meters or would use “dispersion techniques” as defined in §51.1. (iii) Any sources for which EPA has issued permits under §52.21, including any permits for which applications are received by July 31, 1985. (4) The PSD rules for Northern Sonoma County Air Pollution Control District are approved under Part C, Subpart 1, of the Clean Air Act. However, EPA is retaining authority to apply §52.21 in certain cases. The provisions of §52.21 except paragraph (a)(1) are therefore incorporated and made a part of the State plan for California for the Northern Sonoma County Air Pollution Control District for: (i) Those cogeneration and resource recovery projects which are major stationary sources or major modifications under §52.21 and which would cause violations of PSD increments. (ii) Those projects which are major stationary sources or major modifications under §52.21 and which would either have stacks taller than 65 meters or would use “dispersion techniques” as defined in §51.1. (iii) Any sources for which EPA has issued permits under §52.21, including any permits for which applications are received by July 31, 1985. [50 FR 25419, June 19, 1985, as amended at 50 FR 30943, July 31, 1985; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003] § 52.271 Malfunction, startup, and shutdown regulations. top (a) The following regulations are disapproved because they would permit the exemption of sources from the applicable emission limitations and therefore do not satisfy the enforcement imperatives of section 110 of the Clean Air Act. (1) Amador County APCD. (i) Rule 404, submitted on April 21, 1976. (ii) Rule 4f, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (2) Bay Area APCD. (i) Regulation 2, Section 3212, and Regulation 3, Section 3203, submitted on April 21, 1976. (ii) Regulation 2, Section 3212, submitted on February 21, 1972, and previously approved under 40 CFR 52.223 (37 FR 10842). (3) Calaveras County APCD. (i) Rules 110 and 402(f), submitted on July 25, 1973. (ii) Rule 404, submitted on October 13, 1977. (4) Colusa County APCD. (i) Rule 4.4g, submitted on July 25, 1973, and Rule 4.4g, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (5) Del Norte County APCD. (i) Rule 540, submitted on November 10, 1976. (ii) Rule 45, submitted on February 21, 1972, and previously approved under 40 CFR 52.223 (37 FR 10842). (6) Fresno County APCD. (i) Rule 110, submitted on June 30, 1972, and previously approved under 40 CFR 52.223. (ii) Rules 110 and 402(f), submitted on October 23, 1974. (7) Glenn County APCD. (i) Rules 95.2 and 95.3, submitted on January 10, 1975. (8) Great Basin Unified APCD. (i) Rule 403, submitted on June 6, 1977. (ii) Rule 617, submitted on November 4, 1977. (9) Humboldt County APCD. (i) Rule 540, Submitted on November, 10, 1976. (ii) Rule 59, Submitted on February 21, 1972 and previously approved under 40 CFR 52.223 (37 FR 10842). Editorial Note: At 46 FR 27118, May 18, 1981, the following paragraph (a)(9) was added to §52.271. (9) Monterey Bay Unified APCD. (i) Rule 214, submitted on March 4, 1980. (ii) Rule 617, submitted on May 23, 1979. (10) Kern County APCD. (i) Rule 111, submitted on July 19, 1974. (11) Kings County APDC. (i) Rule 111, submitted on July 25, 1973, and Rule 111, submitted on July 30, 1972, and previously approved under 40 CFR 52.223. (ii) Rule 111, submitted on November 4, 1977. (12) Lake County APCD. (i) Chapter III, Article I, Section 500, and Article II, Sections 510 and 511, submitted on February 10, 1977. (ii) Part VI, Sections 1 and 2, submitted on June 30, 1972, and previously approved under 40 CFR 52.223. (13) Los Angeles County APCD. (i) Rule 430, submitted on June 6, 1977. (14) Madera County APCD. (i) Rule 402(f), submitted on January 10, 1975, and Rule 110, submitted on June 30, 1972, and previously approved under 40 CFR 52.223. (ii) Rule 110, submitted on January 10, 1975. (15) Mariposa County APCD. (i) Rule 203(j), submitted on January 10, 1975, and Rule 4.3(g), submitted on February 21, 1972, and previously approved under 40 CFR 52.223. (ii) Rule 404, submitted on June 6, 1977. (16) Mendocino County APCD. (i) Rule 540, submitted on November 10, 1976. (ii) Sections 1 and 2 of Part VI, submitted on February 21, 1972, and previously approved under 40 CFR 52.223 (37 FR 10842). (17) Merced County APCD. (i) Rule 109, submitted on August 2, 1976. (ii) Rule 109, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (18) Nevada County APCD. (i) Rule 55(f), submitted on February 21, 1972, and previously approved under 40 CFR 52.223 (37 FR 10842). (19) Northern Sonoma County APCD. (i) Rule 540, submitted on November 10, 1976. (20) Placer County APCD. (i) Rule 55(f), submitted on February 21, 1972, and previously approved under 40 CFR 52.223 (37 FR 10842). (ii) Rule 404, submitted on October 13, 1977. (21) Plumas County APCD. (i) Rule 203(j), submitted on January 10, 1975. (ii) Rule 404, submitted on June 6, 1977. (22) Riverside County APCD. (i) Rule 430, submitted on June 6, 1977. (23) San Bernardino County APCD. (i) Rule 430, submitted on June 6, 1977. (ii) Rule 55, submitted on February 21, 1972, and previously approved under 40 CFR 52.223 (37 FR 10842). (24) San Joaquin County APCD. (i) Rule 110, submitted on October 23, 1974, and Rule 110, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (25) San Luis Obispo County APCD. (i) Rule 107, submitted on November 10, 1976. (ii) Rule 102, submitted on February 21, 1972, and previously approved under 40 CFR 52.223 (37 FR 10842). (26) Shasta County APCD. (i) Rule 3:10, submitted on July 19, 1974. (ii) Rule 3:10, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (27) Sierra County APCD. (i) Rule 51, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812), and Rule 203(j), submitted on January 10, 1975, and previously approved under 40 CFR 52.223 (42 FR 23805). (ii) Rule 404, submitted on June 6, 1977. (28) Southern California APCD. (i) Rule 430, submitted on February 10, 1977. (29) Stanislaus County APCD. (i) Rule 110, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812), and Rule 110, submitted on July 19, 1974. (30) Tehama County APCD. (i) Rule 417, submitted on July 19, 1974. (ii) Rule 4:1g, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (31) Trinity County APCD. (i) Rule 540, submitted on November 10, 1976. (ii) Rule 44, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (32) Tulare County APCD. (i) Rules 111 and 402(f), submitted on November 10, 1976. (33) Tuolumne County APCD. (i) Rule 404, submitted on February 10, 1977, and Rule 402(f), submitted on June 30, 1972, and previously approved under 40 CFR 52.223. (34) Ventura County APCD. (i) Rule 32, submitted on July 19, 1974. (ii) Rule 32, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (35) Yuba County APCD. (i) Rule 4.5, submitted on July 25, 1973. (b) The following regulations are disapproved since they lack explicit provisions to assure that that NAAQS will not be exceeded while equipment breakdown periods are in effect. (1) Fresno County APCD. (i) Rules 110(B), Variance Required, and 519, Emergency Variance, submitted on January 2, 1979. (2) Kern County APCD. (i) Rules 111 (b), Equipment Breakdown, and 519, Emergency Variance, submitted on January 2, 1979. (3) Modoc County APCD. (i) Rule 2:15, Breakdown Conditions; Emergency Variances, submitted on May 7, 1979. (4) Imperial County APCD. (i) Rule 111 (B), Equipment Breakdown, submitted on December 24, 1979. (ii) Rule 517, Emergency Variance, submitted on December 24, 1979. (5) Butte County AQMD. (i) Rule 275, Reporting Procedures for Excess Emissions, submitted on May 10, 1996. (6) Shasta County AQMD. (i) Rule 3:10, Excess Emissions, submitted on May 10, 1996. (7) Monterey Bay Unified Air Pollution Control District. (i) Rule 214, Breakdown Condition, submitted on October 30, 2001. (c) The following regulations are disapproved because they exempt sources from applicable emissions limitations during malfunctions and/or fail to sufficiently limit startup and shutdown exemptions to those periods where it is technically infeasible to meet emissions limitations. (1) South Coast Air Quality Management District. (i) Rule 429, submitted on January 28, 1992. (d) The following regulations are disapproved because they merely describe how state agencies intend to apply their enforcement discretion and thus, if approved, the regulations would have no effect on the State Implementation Plan. (1) Antelope Valley AQMD. (i) Rule 430, Breakdown Provisions, submitted on February 16, 1999. (2) Kern County APCD. (i) Rule 111, Equipment Breakdown, submitted on July 23, 1996. (3) Mojave Desert AQMD. (i) Rule 430, Breakdown Provisions, submitted on January 24, 1995. [43 FR 3277, Jan. 24, 1978] Editorial Note: For Federal Register citations affecting §52.271, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.272 Research operations exemptions. top (a) The requirements of §51.281 of this chapter are not met because the following regulations allow exemptions to be granted from the applicable emission limitations, thereby potentially rendering the applicable limitations unenforceable. Furthermore, the regulations are inconsistent with the Clean Air Act, because the regulations could permit violations of the National Ambient Air Quality Standards under some circumstances. Therefore, the following regulations are disapproved: (1) Bay Area APCD. (i) Regulation 2, Division 1, sections 1214 to 1214.3, submitted on July 25, 1973. (ii) Regulation 3, Division 1, sections 1205 to 1205.3, submitted on July 25, 1973. (2) El Dorado County APCD. (i) Rule 203(D), submitted on November 4, 1977. (3) Great Basin Unified APCD. (i) Rule 423, submitted on November 4, 1977. (4) Los Angeles County APCD. (i) Rule 441, submitted on June 6, 1977. (5) Placer County APCD. (i) Rule 203(D), submitted on October 13, 1977. (6) Riverside County APCD. (i) Rule 441, submitted on June 6, 1977. (7) Sacramento County APCD. (i) Rule 30, submitted on January 22, 1974. (8) San Bernardino County APCD. (i) Rule 441, submitted on June 6, 1977. (9) Southern California APCD. (i) Rule 441, submitted on August 2, 1976. [42 FR 42226, Aug. 22, 1977] Editorial Note: For Federal Register citations affecting §52.272, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.273 Open burning. top (a) The following rules or portions of rules are disapproved because they contain exemptions to open burning (including open agricultural burning) prohibitions, that do not satisfy the requirements of section 110 of the Clean Air Act: (1) Amador County APCD. (i) Rules 308 and 312, submitted on April 21, 1976. (ii) Rule 304, submitted on October 13, 1977. (iii) Rules 302(G) and 322, submitted on October 15, 1979. (2) Calaveras County APCD. (i) Rules 304 and 322, submitted on October 13, 1977. (3) Del Norte County APCD. (i) Rule 410(c)(2) and the following portions of Regulation 2: General prohibitions (all of page 1), paragraph (f) of Article I, paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, submitted on November 10, 1976. (4) El Dorado County APCD. (i) Rules 302(C), 304, 307, 319, and 322, submitted on November 4, 1977. (ii) Rules 302 (C), 318, and 321, submitted on May 23, 1979. (5) Fresno County APCD. (i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on October 23, 1974. (ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (6) Humboldt County APCD. (i) Rule 410(c)(2) and the following portions of Regulation 2: General prohibitions (all of page 1), paragraph (f) of Article I, paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, submitted on November 10, 1976. (ii) (A)–(C) [Reserved] (D) Rules 312 (B) and (C), and 401 (D.1) and (D.2). (7) Kern County APCD. (i) Rule 417(I)(A), submitted on November 10, 1976. (8) Madera County APCD. (i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on January 10, 1975. (ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (9) Mariposa County APCD. (i) Rules 302(C), 304, 319, and 322, submitted on June 6, 1977. (10) Mendocino County APCD. (i) Rule 410(c)(2) and the following portions of Regulation 2: General prohibitions (all of page 1), paragraph (f) of Article I, paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, submitted on November 10, 1976. (11) Merced County APCD. (i) Rule 416(h), submitted on August 2, 1976. (ii) Rules 416.1(III)(A), (V)(A), (V)(B), (V)(C), and (V)(D), submitted on August 2, 1976. (Rule 416.1(c)(2), submitted on June 30, 1972, and previously approved, is retained. Rule 416.1(a)(1), submitted on June 30, 1972, and previously approved, is retained for the purpose of enforcing Rule 416.1(c)(2).) (12) Monterey Bay Unified APCD. (i) Rules 409(a), 409(a)(5), and 410(b)(1), submitted on January 10, 1975. (13) Nevada County APCD. (i) Rules 302(C), 307, 314, and 322, submitted on April 10, 1975. (ii) Rules 304 and 319, submitted on June 6, 1977. (iii) Rule 307, submitted on October 15, 1979. (14) Northern Sonoma County APCD. (i) Rule 410(c)(2) and the following portions of Regulation 2: General prohibitions (all of page 1), paragraph (f) of Article I, paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, submitted on November 10, 1976. (15) Placer County APCD. (i) Rules 302(C), 302(G), 304, 307, 314, 319, and 322, submitted on October 13, 1977. (ii) Rules 303, 306, and 322, submitted on October 15, 1979. (16) Plumas County APCD. (i) Rule 314, submitted on January 10, 1975. (ii) Rules 302(C), 304, 307, 319, and 322, submitted on June 6, 1977. (17) Sacramento County APCD. (i) Rule 96(a), submitted on November 10, 1976. (ii) Rule 96(a), submitted on November 4, 1977. (18) San Joaquin County APCD. (i) Rule 402(e), submitted on November 10, 1976. (ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (iii) Rules 416.1(D)(1) and (D)(2), submitted on October 23, 1974. (19) Santa Barbara County APCD. (i) Rules 40(4)(a) and 40(4)(1), submitted on July 25, 1973. (The analogous Rules 40(4)(a) and 40(4)(g), previously approved in the February 21, 1972 submittal, are retained.) Rule 40(4)(c), submitted on July 25, 1973, is also disapproved. (ii) Rule 22, submitted on January 22, 1974. (The analogous Rule 22, previously approved in the February 21, 1972 submittal, is retained.) Rules 24.1 and 24.2, submitted on January 22, 1974, are also disapproved. (20) Shasta County APCD. (i) Rule 2:6, sections (1)(b)(iii) (a, b, and d), (1)(c)(viii), 2(c), 3(f), 4(e), 5(c), and 5(d). (Previously approved Rule 2:6, sections (2)(c), (3)(f), and (4)(e), submitted on July 19, 1974, are retained.) (21) Sierra County APCD. (i) Rules 302(C), 319, and 322, submitted on June 6, 1977. (22) Trinity County APCD. (i) Rule 410(c)(2) and the following portions of Regulation 2: General prohibitions (all of page 1), paragraph (f) of Article I, paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI, submitted on November 10, 1976. (23) Tulare County APCD. (i) Rule 402(e), submitted on November 10, 1976. (ii) Section 417(III)(A), submitted on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR 19812). (iii) Section 417.1(e)(1), (e)(3), and (e)(4), submitted on January 10, 1975. (24) Tuolumne County APCD. (i) Rule 322, submitted on February 10, 1977. (25) Yolo-Solano APCD. (i) Rules 2.8(c) (4) and (5), 6.3, and 6.5(a), submitted on July 25, 1973. (ii) Rules 6.1(a), (e)(6), and (g), submitted on January 10, 1975. (Rules 4.1 (a) and (g), submitted on February 21, 1972, and previously approved under 40 CFR 52.223, are retained.) (b) The following rules or portions of rules are disapproved because they relax the control on open burning (including agricultural burning) without accompanying analyses demonstrating that these relaxations will not interfere with the attainment and maintenance of the National Ambient Air Quality Standards: (1) Del Norte County APCD. (i) Regulation 2, Article I, paragraph (e), submitted on November 10, 1976. (ii) Rule 410(c)(2), submitted on May 7, 1979. (2) Fresno County APCD. (i) Rule 416.1(c)(1), submitted on October 23, 1974. (ii) Rule 416.1(g), submitted on November 4, 1977. (3) Humboldt County APCD. (i) Regulation 2, Article I, paragraph (e), submitted on November 10, 1976. (ii) Rule 410(c)(2), submitted on May 7, 1979. (4) Imperial County APCD. (i) Rule 422, submitted on November 4, 1977. (The requirements of Rule 115, submitted on February 21, 1972, and previously approved under 40 CFR 52.223, are retained as applicable to the burning of wood waste.) (ii) Regulation VII (Rules 701 to 706), submitted on November 4, 1977. (Regulation VII (Rules 200 to 206), submitted on July 25, 1973 and previously approved under 40 CFR 52.223, is retained.) (5) Kings County APCD. (i) Rules 416.1 and 417.1, submitted on November 4, 1977. (6) Lake County APCD. (i) Sections 435, 436, 1003, and 1200(A), submitted on February 10, 1977. (ii) Section 435, submitted on January 2, 1979. (7) Los Angeles County APCD. (i) Rule 444, submitted on June 6, 1977. (Rules 57.1, 57.2, 57.3, and 57.4, submitted on June 30, 1972, and previously approved under 40 CFR 52.223, are retained.) (8) Madera County APCD. (i) Rule 416.1(c)(1), submitted on January 10, 1975. (9) Mendocino County APCD. (i) Regulation 2, Article I, paragraph (e), submitted on November 10, 1976. (ii) Rule 410(c)(2), submitted on May 7, 1979. (10) Merced County APCD. (i) Rule 416.1(I)(A)(2), submitted on August 2, 1976. (11) Northern Sonoma County APCD. (i) Regulation 2, Article I, paragraph (e), submitted on November 10, 1976. (ii) Rule 410(c)(2), submitted on May 7, 1979. (12) San Bernardino County Desert APCD. (i) Rule 444 and the definition of “Agricultural Burning” in Rule 102, submitted on November 4, 1977. (Rule 57, submitted on February 21, 1972, and previously approved under 40 CFR 52.223, is retained.) (13) San Diego County APCD. (i) Rules 102(e) and 103(g), submitted on October 13, 1977. (14) San Luis Obispo County APCD. (i) Rule 501(B), submitted on November 10, 1976, and Rule 501(A)(7), submitted on November 4, 1977. (Previously approved Rule 115(2), submitted on February 21, 1972, is retained.) (15) Santa Barbara County APCD. (i) Rules 2(b), 40(3), and 40(4)(e), submitted on July 25, 1973. (Analogous Rules 2(b), 40(3), and 40(4)(c), submitted on February 21, 1972, and previously approved, are retained.) (16) Shasta County APCD. (i) Rule 2:8, submitted on October 13, 1977. (Rule 2:8, submitted on July 19, 1974, and July 22, 1975, and previously approved, is retained.) (17) Siskiyou County APCD. (i) Rule 4.3(2), submitted on January 2, 1979. (18) Trinity County APCD. (i) Regulation 2, Article I, paragraph (e), submitted on November 10, 1976. (ii) Rule 410(c)(2), submitted on May 7, 1979. (19) Placer County APCD. (i) Rule 316, submitted on August 21, 1979. (ii) Rules 318 and 323, submitted on October 15, 1979. [42 FR 41122, Aug. 15, 1977] Editorial Note: For Federal Register citations affecting §52.273, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.274 California air pollution emergency plan. top (a) Since the California Air Pollution Emergency Plan does not provide complete, implementable provisions for taking emission control actions necessary to prevent ambient pollutant concentrations from reaching significant harm levels, the requirements of subpart H of this chapter for Priority I and II areas are not met, except in the following areas: (1) South Coast Air Quality Management District (SCAQMD). (2) Sacramento County Air Pollution Control District. (3) Monterey Bay Unified APCD (MBUAPCD). (4) Santa Barbara Air Quality Management Area portion of the Santa Barbara County Air Pollution Control District. (5) Bay Area Air Quality Management District. (6) Ventura County Air Pollution Control District. (7) San Diego County APCD. (8) Los Angeles County Air Pollution Control District. (9) Riverside County Air Pollution Control District. (10) San Bernardino County Desert Air Pollution Control District. (11) Imperial County Air Pollution Control District. (12) Fresno County Air Pollution Control District. (13) Kern County Air Pollution Control District. (b) The requirements of subpart H of this chapter are met in the SCAQMD with the following exceptions: SCAQMD Regulation VII has no schedule to assure that the emission control actions are fully implementable; does not provide specific emission control actions for interdistrict coordination; has no provisions for nitrogen dioxide, particulate matter, and sulfur dioxide and particulate matter combined episodes; has no criteria or provisions to protect the eight-hour averaged carbon monoxide significant harm level; and has no provisions for implementation of abatement plans for stage 2 or 3 carbon monoxide or oxidant episodes that are attained without being predicted. (c) Regulation for prevention of air pollution emergency episodes—plan scheduling, interdistrict coordination, episode criteria, and declaration. (1) The requirements of this paragraph are applicable in the SCAQMD. (2) The owner or operator of any governmental, industrial, business, or commercial activity listed in Rules 708.1 and 708.3 of Regulation VII of the SCAQMD, as revised on May 6, 1977, shall submit a Stationary Source Curtailment Plan and/or Traffic Abatement Plan to the Administrator within sixty days after the effective date of this paragraph. (3) The plans submitted pursuant to the requirements of this paragraph, shall be reviewed by the Administrator for approval or disapproval according to the following schedule: (i) For sources with emissions of hydrocarbons (HC) or nitrogen oxides (NOX) greater than or equal to 454 metric tons (500 tons) per year, or for establishments employing 400 or more employees per shift, within 45 days after receipt. (ii) For sources with emissions of HC or NOX greater than or equal to 91 metric tons (100 tons) per year and less than 454 metric tons (500 tons) per year, or for establishments employing more than 200 and less than 400 employees per shift, within 90 days after receipt. (iii) For sources or establishments other than those addressed in paragraphs (c)(3) (i) through (ii) of this section, within 180 days after receipt. (4) The owner or operator of an industrial, business, governmental or commercial establishment required to submit a plan by this paragraph shall be notified by the Administrator within thirty days after the plan has been evaluated if the plan is disapproved. Any plan disapproved by the Administrator shall be modified to overcome the disapproval and resubmitted to the Administrator within 30 days of the receipt of the notice of disapproval. (5) In the event specific sources or source areas within the SCAQMD are determined to significantly contribute to a declared air pollution episode in a nearby Air Pollution Control District, emission control actions specified in Regulation VII of the SCAQMD, as revised on May 6, 1977, for that declared episode stage shall be taken in the SCAQMD to abate that episode. (6) For the purposes of this paragraph, the following episode criteria shall apply to carbon monoxide concentrations averaged over eight hours: (i) For stage 1, 15 parts per million. (ii) For stage 2, 30 parts per million. (iii) For stage 3, 40 parts per million. (7) The provisions of SCAQMD Regulation VII, as revised on May 6, 1977, relating to carbon monoxide episodes averaged over 12 hours shall apply to carbon monoxide episodes averaged over 8 hours except that the Administrator shall provide for declaration, notification, source inspections, and termination of the episodes. (8) Whenever the Administrator has determined that the stage 2 or 3 episode level for oxidant or carbon monoxide as specified in Rule 703 of Regulation VII of the SCAQMD, as amended May 6, 1977, is being attained or has been attained, and is predicted to remain at such level for 12 or more hours, or increase, or in the case of oxidant to reoccur within the next 24 hours, unless control actions are taken, the existence of the appropriate episode level and the location of the source-receptor areas shall be declared, and the actions specified in Rules 710(b)(1), 710(b)(2), 711(b)(1), or 711(b)(2) shall be taken by the Administrator. (d) Regulation for prevention of air pollution emergency episodes—nitrogen dioxide, particulate matter, and sulfur dioxide and particulate matter combined. (1) The requirements of this paragraph are applicable in the SCAQMD. (2) For the purposes of this regulation the following definitions apply: (i) “Ppm” means parts per million by volume. (ii) “COH” means coefficient of haze. (iii) “Ugm 3 ” means micrograms per cubic meter. (iv) “Administrator” means the Administrator of the Environmental Protection Agency or his authorized representative. (v) “Major National Holiday” means a holiday such as Christmas, New Year's Day, or Independence Day. (vi) “Source/Receptor Areas” are defined for each episode occurrence based on air monitoring, geographical, and meteorological factors: Source area is that area in which contaminants are discharged and a receptor area is that area in which the contaminants accumulate and are measured. (vii) “Air Contaminants” means nitrogen dioxide, particulate matter, and/or sulfur dioxide and particulate matter combined. (3) For the purposes of this regulation, the following episode criteria shall apply: ---------------------------------------------------------------------------------------------------------------- Averaging Contaminants time Stage 1 Stage 2 Stage 3 (hours) ---------------------------------------------------------------------------------------------------------------- Nitrogen dioxide.................. 1 0.6 ppm............. 1.2 ppm............. 1.6 ppm. 24 0.15 ppm............ 0.3 ppm............. 0.4 ppm. Particulate matter................ 24 3.0 COH............. 5.0 COH............. 7.0 COH. 24 375 ugm-3........... 625 ugm-3........... 875 ugm-3. Sulfur dioxide and particulate 24 0.2\1\.............. 0.8\1\.............. 1.2\1\. matter combined. 24 65,000\2\........... 261,000\2\.......... 393,000\2\. ---------------------------------------------------------------------------------------------------------------- \1\ Product of sulfur dioxide (ppm) and particulate matter (COH). \2\ Product of sulfur dioxide (ugm-3 ) and particulate matter (ugm-3 ). (4) Whenever the Administrator has determined that any episode level specified in paragraph (d)(3) of this section is being attained or has been attained, and is predicted to remain at such level for 12 or more hours, or increase, unless control actions are taken, the existence of the appropriate episode level and the location of the source-receptor areas shall be declared. (5) Whenever the available scientific and meteorological data indicate that any episode level declared by paragraph (d)(4) of this section is no longer occurring and is not predicted to immediately increase again to episode levels, such episode shall be declared terminated. (6) The following shall be notified by the Administrator whenever an episode is predicted, attained or terminated: (i) Public officials; (ii) persons operating any facility or activity named in paragraph (d)(8) of this section; (iii) public health, safety, and emergency agencies; (iv) news media. (7) Upon request of the Administrator, persons operating any facility or activity named in paragraph (d)(8) of this section shall install, properly maintain, and operate radio-receiving equipment with decoding device capable of receiving broadcasts of the declaration and termination of episodes required under this paragraph and instructions as to the actions to be taken. (8) Stationary source curtailment plans and traffic abatement plans shall be prepared by industrial, business, commercial, and governmental establishments as follows: (i) The owner or operator of any industrial, business, commercial, or governmental activity listed below shall submit to the Administrator plans to curtail operations causing stationary source air contaminants in such activity: (A) Petroleum refinery emitting 23 metric tons (25 tons) or more per year of air contaminants. (B) Metal-melting plant requiring molten metal temperatures in excess of 540 °C (1,000 °F) or metal-refining plant or metal-smelting plant, in which a total of 1,135 kilograms (2,500 pounds) or more of metal are in a molten state at any one time or are poured in any 1 hour. (C) Fossil fuel-fired electric generating facility having a total rated capacity of 50 megawatts or more. (D) Any facility or plant emitting 91 metric tons (100 tons) or more per year of air contaminants. (ii) The plans required by paragraph (d)(8)(i) of this section shall include the following: (A) A list of equipment which emits nitrogen oxides, particulate matter, and/or sulfur dioxide, including the SCAQMD permit number, the daily amount of air contaminants emitted, and a statement of the minimum time and recommended time to implement the abatement actions for each episode stage for the equipment listed and the percent reduction in emissions at each episode stage. (B) The total number of employees at the facility during each shift on a normal weekday and on a major national holiday. (C) The normal amount of electricity used on a normal weekday and on a major national holiday. (D) The actions to inform employees of the procedures to be taken in the event of an episode declaration. (E) The name and telephone numbers of the facility's episode action coordinator and alternate, who are responsible for implementation of the plan. (F) For stage 1 episodes: (1) The measures to voluntarily curtail equipment emitting air contaminants. (2) The measures to curtail or postpone electrically intensive industrial operations, where feasible. (3) The measures for electric utilities to import power from outside the basin to the extent feasible. (G) For stage 2 episodes: (1) The measures to curtail as much as possible, without upsetting production, equipment operations which emit air contaminants. (2) The measures to postpone operations which can be postponed until after the episode. (3) For fossil fuel-fired combustion sources, including electric utilities, with a heat input greater than 50 million BTU per hour: (i) The measures to burn natural gas. (ii) To the extent that natural gas is not available, the measures to burn fuel oil with a sulfur content of not more than 0.25 percent by weight or the measures to reduce air contaminant emissions to equivalent discharge. Any combustion source may be exempt from the provisions of this paragraph upon demonstration that fuel oil with the specified sulfur content is not available. (4) For electric utilities the measures, in addition to those in paragraph (d)(8)(ii)(F)(3) of this section, to: (i) Shift oil burning power generation to non-source areas to the maximum extent consistent with the public health, safety, and welfare. (ii) Shift oil burning power generation to combined cycle gas turbine generating equipment burning fuel oil containing less than 0.15 percent sulfur to the maximum extent consistent with the public health, safety, and welfare. (5) For refineries and chemical plants the measures to be taken to reduce air contaminant emissions by 20 percent without jeopardizing the public health or safety, without causing an increase in the emissions of other air contaminants, withoutdamaging the equipment or without reducing production by more than 20 percent. (6) The measures in paragraph (d)(8)(ii)(F) of this section. (H) For stage 3 nitrogen dioxide episodes: (1) The measures for petroleum refineries to reduce emissions of nitrogen dioxide by 33 percent, without damaging the equipment or increasing the emissions of other air contaminants. (2) The measures in paragraph (d)(8)(ii)(G) of this section. (3) A list of equipment and the permit numbers of such equipment not operated on a major national holiday. (4) A statement as to whether or not the facility operates on a major national holiday. (I) For stage 3 particulate matter episodes: (1) The measures for petroleum refineries to reduce emissions of particulate matter by 33 percent, without damaging the equipment or increasing the emissions of other air contaminants. (2) The measures described in paragraph (d)(8)(ii)(G) of this section. (3) The measures for any facility or plant, except electrical generating facilities and petroleum refineries, normally emitting 91 metric tons (100 tons) or more per year of particulate matter to eliminate such emissions by starting no new batches, by ceasing feed of new materials, and by phasing down as rapidly as possible without damage to the equipment. (4) The measures for metal melting, refining, or smelting plants to eliminate emissions of particulate matter by starting no new batches, by ceasing feed of new materials, and by phasing down as rapidly as possible without damage to the equipmen (J) For stage 3 sulfur dioxide and particulate matter combined episodes: (1) The measures described in paragraphs (d)(8)(ii) (G) and (I) of this section. (2) The measures for petroleum refineries to reduce emissions of sulfur dioxide by 33 percent, without damaging the equipment or increasing the emissions of other air contaminants. (3) The measures for any facility or plant, except electrical generating facilities and petroleum refineries, normally emitting 91 metric tons (100 tons) or more per year of sulfur dioxide to eliminate such emissions by starting no new batches, by ceasing feed of new materials, and by phasing down as rapidly as possible without damage to the equipment. (K) An estimate of the resultant reduction in air contaminant emissions. (iii) The owner or operator of any industrial, business, commercial, or governmental activity listed below shall submit to the Administrator plans to curtail or cease operations causing air contaminants from vehicle use: (A) Operators of 50 or more fleet vehicles. (B) Industrial, business, commercial, or governmental establishments employing more than 100 persons per shift at one business address. (iv) The plans required by paragraph (d)(8)(iii) of this paragraph shall include the following: (A) The total number of employees at the facility during each shift on a normal weekday and on a major national holiday. (B) The number of motor vehicles and vehicle miles traveled for motor vehicles operated: (1) By the company on company business on a normal weekday and on a major national holiday. (2) By employees commuting from home to the place of business on a normal weekday and on a major national holiday. (C) The number of parking spaces used on a normal weekday and on a major national holiday. (D) The minimum number of motor vehicles to be operated that are necessary to protect public health or safety. (E) The actions to inform employees of the procedures to be taken in the event of an episode declaration. (F) The name and telephone numbers of the facility's episode action coordinator and alternate, who are responsible for implementation of the plan. (G) For stage 1 episodes, the methods by which employers will encourage the utilization of car pools or otherwise reduce employee motor vehicle travel. (H) For stage 2 and 3 episodes, the measures within the reasonable control of the employer to reduce the number of vehicle miles driven by employees in commuting to and from work. (I) An estimate of the reduction in vehicle miles traveled as a result of the measures in this paragraph. (v) Each owner or operator required to submit a plan by this paragraph shall submit to the Administrator such plan within 60 days of the effective date of this paragraph. (vi) The plans submitted in accordance with the provisions of this paragraph shall be approved or disapproved by the Administrator according to the following schedule: (A) For sources with emissions of air contaminants greater than or equal to 454 metric tons (500 tons) per year, or for establishments employing 400 or more employees per shift, within 45 days after receipt. (B) For sources with emissions of air contaminants greater than or equal to 91 metric tons (100 tons) per year and less than 454 metric tons (500 tons) per year, or for establishments employing more than 200 and less than 400 employees per shift, within 90 days after receipt. (C) For sources with emissions of air contaminants less than 91 metric tons (100 tons) per year, or for establishments employing 100 to 200 employees per shift, within 180 days after receipt. (vii) The owner or operator required to submit a plan by this paragraph shall be notified by the Administrator within 30 days after the plan has been evaluated if the plan is disapproved. Any plan disapproved by the Administrator shall be modified to (viii) A copy of the plan approved in accordance with the provisions of this paragraph shall be on file and readily available on the premises to any person authorized to enforce the provisions of this section. (9) The following actions shall be taken in the source and receptor areas upon declaration of a stage 1 episode: (i) The notifications required by paragraph (d)(6) of this section. (ii) The Administrator shall advise the public that those individuals with special health problems should follow the precautions recommended by their physicians and health officials. (iii) The Administrator shall advise school officials to cancel, postpone, or reschedule programs which require outdoor physical activity. (iv) The Administrator shall request the public to stop all unnecessary driving. (v) The Administrator shall request the public to operate all privately owned vehicles on a pool basis. (vi) Persons operating any facility or activity named in paragraph (d)(8) of this section shall implement the appropriate plans specified in paragraph (8) for the declared stage 1 episode and air contaminant(s). (10) The following actions shall be taken in the source and receptor areas upon declaration of a stage 2 episode: (i) The actions described in paragraphs (d)(9) (i) through (v) of this section. (ii) The Administrator shall request suspension of programs that involve physical exertion by participants using public parks or public recreational facilities located in receptor areas. (iii) The burning of combustible refuse shall be postponed until the episode has been terminated. (iv) The Administrator shall request the public to reduce the use of electricity by 10 percent. (v) Persons operating any facility or activity named in paragraph (d)(8) of this section shall implement the appropriate plans specified in paragraph (d)(8) of this section for the declared stage 2 episode and air contaminant(s). (11) The following actions shall be taken in the source and receptor areas upon declaration of a stage 3 episode: (i) The actions described in paragraphs (d)(10) (i) through (iii) of this section. (ii) The Administrator shall request the public to reduce the use of electricity by 40 percent. (iii) Persons operating any facility or activity named in paragraph (d)(8) of this section shall implement the appropriate plans specified in paragraph (d)(8) of this section for the declared stage 3 episode and air contaminant(s). (iv) For nitrogen dioxide, the general public, schools, industrial, business, commercial, and governmental activities throughout the District shall operate as though the day were a major national holiday. (v) For particulate matter and/or sulfur dioxide and particulate matter combined, the Administrator shall request the public to reduce as much as possible activities causing dust emissions including agricultural operations, off-road vehicle use, anddriving on unpaved roads. Construction and demolition operation shall be postponed until the episode has been terminated. (12) In the event specific sources or source areas within the SCAQMD are determined to significantly contribute to a declared air pollution episode in a nearby Air Pollution Control District, emission control actions specified in this paragraph for that declared episode stage shall be taken in the SCAQMD to abate that episode. (13) A source inspection plan shall be implemented by the Administrator upon the declaration of any episode stage. (14) The Administrator shall provide for daily acquisition of forecasts of atmospheric stagnation conditions during any episode stage and updating of such forecasts at least every 12 hours. (15) Any source that violates any requirement of this section shall be subject to enforcement action under section 113 of the Act. (16) All submittals or notifications required to be submitted to the Administrator by this section shall be sent to: Environmental Protection Agency, Air and Hazardous Materials Division (A–4), Attn: Air Programs Branch, 215 Fremont Street, San Francisco, Calif. 94105. (e) The requirements of subpart H of this chapter are met in the Sacramento County Air Pollution Control District with the following exceptions: There are no episode criteria levels, declaration procedures, notification procedures, source inspections, emission control actions or episode termination procedures for carbon monoxide episodes based on 4- and 8-hour averaging times; communication procedures for transmitting status reports and orders as to emission control actions to be taken during an episode stage are not provided for; there are no provisions for the inspection of those sources covered under Rule 122; there is no time schedule for the Air Pollution Control Officer to initiate the call for the submittal of individual abatement plans; the requirements for the content of the abatement plans are not sufficiently specific to ensure that adequate plans are submitted; no provisions exist for the daily acquisition of atmospheric stagnation conditions; a Priority II particulate matter episode contingency plan is not provided for in the regulation. (f) Regulation for prevention of air pollution emergency episodes—4- and 8-hour carbon monoxide criteria levels, public announcement, source inspections, preplanned abatement strategies, acquisition of atmospheric stagnation forecasts. (1) The requirements of this paragraph are applicable in the Sacramento County Air Pollution Control District. (2) For the purposes of this regulation the following definitions apply: (i) “Administrator” means the Administrator of the Environmental Protection Agency or his authorized representative. (ii) “ppm” means parts per million by volume. (iii) “ug/m 3 ” means micrograms per cubic meter. (3) For the purposes of this paragraph, the following episode criteria shall apply: ------------------------------------------------------------------------ Averaging Pollutant time Stage Stage Stage (hours) 1 2 3 ------------------------------------------------------------------------ Carbon monoxide...................... 4 \1\ 25 \1\ 45 \1\ 60 8 \1\ 15 \1\ 30 \1\ 40 ------------------------------------------------------------------------ \1\ Parts per million by volume. (4) The provisions of the Sacramento County Air Pollution Control District's Regulation IX, as submitted on November 4, 1977, relating to carbon monoxide episodes averaged over 1 hour shall apply to carbon monoxide episodes averaged over 4 and 8 hours except that the Administrator shall insure that declaration, notification, source inspections, and termination of such episodes will occur. (5) Stationary source curtailment plans shall be prepared by business, commercial, industrial, and governmental establishments as follows: (i) The owner or operator of any business, commercial, industrial, or governmental facility or activity listed below shall submit to the Administrator plans to curtail or cease operations causing stationary source air contaminants in such activity: (A) Stationary sources which can be expected to emit 100 tons or more per year of hydrocarbons or carbon monoxide. (ii) The plans required by paragraph (f)(5)(i)(A) of this section shall include the following information: (A) The information requested by Regulation IX, Rule 125, section d, as submitted to the EPA on November 4, 1977. (B) The total number of employees at the facility during each shift on a normal weekday. (C) The amount of energy (gas, fuel oil, and electricity) used on a normal weekday. (D) For first-stage episodes, the measures to voluntarily curtail equipment emitting air pollutants. (E) For second-stage episodes: (1) The measures to curtail, as much as possible, equipment operations that emit air pollutants specific to the type of episode and, in the case of oxidant episodes, the equipment operations that emit hydrocarbons. (2) The measures to postpone operations which can be postponed until after the episode. (F) For third-stage episodes: (1) A list of equipment, with permit numbers if applicable, which can be shut down without jeopardizing the public health or safety, and an estimate of the resultant reductions in air contaminant emissions. (2) A list of all equipment, with permit numbers if applicable, which must be operated to protect the public health or safety, and an estimate of the air contaminant emissions from such equipment. (iii) Copies of the stationary source curtailment plans approved in accordance with the provisions of this paragraph shall be on file and readily available on the premises to any person authorized to enforce the provisions of this paragraph. (6) The owner or operator of any governmental, business, commercial, or industrial activity or facility listed in paragraph (f)(5) of this section shall submit a stationary source curtailment plan to the Administrator within 60 days after promulgation of final rulemaking. (7) The plans submitted pursuant to the requirements of this paragraph shall be reviewed by the Administrator for approval or disapproval according to the following schedule: (i) For sources with emissions of hydrocarbons and carbon monoxide greater than or equal to 454 metric tons (500 tons) per year, within 45 days after receipt. (ii) For sources with emissions of hydrocarbons and carbon monoxide greater than or equal to 91 metric tons (100 tons) per year and less than 454 metric tons (500 tons) per year, within 90 days after receipt. (iii) For sources with emissions of hydrocarbons and carbon monoxide less than 91 metric tons (100 tons) per year, within 180 days after receipt. (8) The owner or operator of any industrial, business, governmental, or commercial establishment required to submit a plan by this paragraph shall be notified by the Administrator within 30 days after the plan has been evaluated. Any plan disapproved by the Administrator shall be modified to overcome the disapproval and resubmitted to the Administrator within 30 days of receipt of the notice of disapproval. (9) A source inspection plan shall be implemented by the Administrator upon the declaration of any episode stage, and the following facilities shall be inspected to ensure compliance: (i) Those sources covered under Rule 122, as submitted to the EPA on November 4, 1977, as appropriate. (10) The Administrator shall insure that forecasts of atmospheric stagnation conditions during any episode stage and updating of such forecasts are acquired. (11) Any source that violates any requirement of this regulation shall be subject to enforcement action under section 113 of the Clean Air Act. (12) All submittals or notifications required to be submitted to the Administrator by this regulation shall be sent to: Regional Administrator, Attn: Air and Hazardous Materials Division, Air Technical Branch, Technical Analysis Section (A–4–3) Environmental Protection Agency, 215 Fremont Street, San Francisco, CA 94105. (g) Regulation for the prevention of air pollution emergency episodes—Priority II particulate matter emergency episode contingency plan. (1) The requirements of this paragraph are applicable in the Sacramento County Air Pollution Control District. (2) For the purposes of this paragraph the following episode criteria shall apply: ------------------------------------------------------------------------ Averaging Pollutant time Stage Stage Stage (hours) 1 2 3 ------------------------------------------------------------------------ Particulate matter................... 24 \1\ \1\ \1\ 375 625 875 ------------------------------------------------------------------------ \1\ Micrograms per cubic meter. (3) Whenever it is determined that any episode level specified in paragraph (g)(2) of this section is predicted to be attained, is being attained, or has been attained and is expected to remain at such levels for 12 or more hours, the appropriate episode level shall be declared. (4) Whenever the available scientific and meteorological data indicate that any episode level specified in paragraph (g)(2) of this section is no longer being attained and is not predicted to increase again to episode levels, such episode shall be declared terminated. (5) The following shall be notified whenever an episode is predicted, attained, or terminated: (i) Public officials. (ii) Public health, safety, and emergency agencies. (iii) News media. (h) The requirements of Subpart H of this chapter are met in the MBUAPCD which the following exceptions: There is no time schedule to assure that stationary source and traffic curtailment plans are submitted and reviewed in a timely manner; curtailment plans are not sufficiently specific; there are no provisions for the acquisition of forecasts of atmospheric stagnation conditions; and adequate mandatory emission control actions are not specified for Third-Stage oxidant episodes. (i) Regulation for prevention of oxidant air pollution emergency episodes within the MBUAPCD. (1) The requirements of this paragraph are applicable in the MBUAPCD. (2) For the purposes of this regulation the following definitions apply: (i) “Administrator” means the Administrator of the Environmental Protection Agency or his authorized representative. (ii) “Major national holiday” means a holiday such as Christmas, New Year's Day or Independence Day. (iii) “Regulation VII” in this paragraph means Regulation VII, “Emergencies”, of the MBUAPCD, adopted May 25, 1977, and submitted to the Environmental Protection Agency as a revision to the California State Implementation Plan by the California Air Resources Board on November 4, 1977. (3) The plans required by Rule 705(a) of Regulation VII shall include the following information in addition to that required in Rule 705(b) of Regulation VII, and shall be submitted and processed as follows: (i) Stationary sources. (A) The total number of employees at the facility during each shift: (1) On a normal weekday. (2) On a major national holiday. (B) The amount and type of fuel used: (1) On a normal weekday. (2) On a major national holiday. (C) For Third-Stage episodes: (1) A list of equipment and the permit numbers of such equipment not operated on a major national holiday. (2) A statement as to whether or not the facility operates on a major national holiday. (ii) Indirect sources. (A) The total number of employees at the facility during each shift: (1) On a normal weekday. (2) On a major national holiday. (B) The number of motor vehicles and vehicle miles traveled for motor vehicles operated: (1) By the company, on company business, on a normal weekday and on a major national holiday. (2) By employees commuting between home and the place of business on a normal weekday and on a major national holiday. (C) The number of parking spaces: (1) Available. (2) Normally used on a weekday. (3) Normally used on a major national holiday. (D) The minimum number of motor vehicles to be operated that are necessary to protect the public health or safety. (E) For Third-Stage episodes, a statement as to whether or not the facility operates on a major national holiday. (iii) Each owner or operator required to submit a plan as specified under Rule 705(a) of Regulation VII shall submit such plans within 60 days after promulgation of the final rulemaking. (iv) The plans submitted in accordance with the provisions of this paragraph shall be approved or disapproved by the Administrator within 120 days after receipt. (v) Each owner or operator required to submit a plan as specified under Rule 705(a) of Regulation VII shall be notified within 90 days after the Administrator's decision. (vi) Any plan disapproved by the Administrator shall be modified to overcome this disapproval and resubmitted to the Administrator within 30 days of the notice of disapproval. (vii) A copy of the plan approved in accordance with the provisions of this paragraph shall be on file and readily available on the premises to any person authorized to enforce the provisions of this section. (4) The following actions shall be implemented by the Administrator upon declaration of a Third-Stage oxidant episode: the general public, schools, industrial, business, commercial, and governmental activities throughout the MBUAPCD shall operate as though the day were a major national holiday. (5) The Administrator shall ensure the acquisition of forecasts of atmospheric stagnation conditions during any episode stage and updating of such forecasts. (j)–(o) [Reserved] (p) Regulation for prevention of air pollution emergency episodes—requirements for stationary source curtailment plans and particulate matter episodes. (1) The requirements of this paragraph are applicable in the Los Angeles County, Riverside County, San Bernardino County Desert and Imperial County Air Pollution Control Districts. (2) For the purposes of this regulation, the following definitions apply: (i) “Administrator” means the Administrator of the Environmental Protection Agency or his authorized representative. (ii) “ug/m 3 ” means micrograms per cubic meter. (iii) “Major national holiday” means a holiday such as Christmas or New Year's Day. (3) Stationary source curtailment plans shall be prepared by major stationary sources, as defined by section 169(1) of the Act: (i) The plans required by this paragraph shall include the following information: (A) The information requested in the California Air Resources Board's Criteria for Approval of Air Pollution Emergency Abatement Plans (Executive Order G–63). (B) The total number of employees at the facility during each work shift on a normal weekday and on a major national holiday. (C) The amount of energy (gas, fuel oil, and electricity) used on a normal weekday and on a major national holiday. (D) For first-stage episodes: (1) The measures to voluntarily curtail equipment emitting air pollutants. (E) For second-stage episodes: (1) The measures to curtail, as much as possible, equipment operations that emit air pollutants specific to the type of episode and, in the case of oxidant episodes, the equipment operations that emit hydrocarbons and nitrogen oxides. (2) The measures to postpone operations which can be postponed until after the episode. (F) For third-stage episodes: (1) A list of equipment, with permit numbers if applicable, which can be shut down without jeopardizing the public health or safety, and an estimate of the resultant reductions in hydrocarbons, nitrogen oxides, and particulate matter emissions. (2) A list of all equipment, with permit numbers if applicable, which must be operated to protect the public health or safety, and an estimate of the hydrocarbons, nitrogen oxides and particulate matter emissions from such equipment. (4) A copy of the stationary source curtailment plan approved in accordance with the provisions of this paragraph shall be on file and readily available on the premises to any person authorized to enforce the provisions of this paragraph. (5) The owner or operator of any governmental, business, commercial, or industrial activity or facility listed in paragraph (p)(3) of this section shall submit a stationary source curtailment plan to the Administrator within 60 days after promulgation of final rulemaking. (6) The plans submitted pursuant to the requirements of this paragraph shall be reviewed by the Administrator within 90 days. (7) The owner or operator of any major stationary source required to submit a plan by this paragraph shall be notified by the Administrator within 30 days after the plan has been evaluated as to whether the plan has been approved or disapproved. Any plan disapproved by the Administrator shall be modified to overcome the disapproval and resubmitted to the Administrator within 30 days of receipt of the notice of disapproval. (8) All submittals or notifications required to be submitted to the Administrator by this regulation shall be sent to: Regional Administrator, Attn: Air and Hazardous Materials Division, Air Technical Branch, Technical Analysis Section (A–4–3), Environmental Protection Agency, 215 Fremont Street, San Francisco CA 94105. (9) Any source that violates any requirement of this regulation shall be subject to enforcement action under section 113 of the Act. (10) For the purposes of this regulation the following episode criteria shall apply to particulate matter episodes: ------------------------------------------------------------------------ µg/m\3\ Averaging ----------------------- Pollutant time Stage Stage Stage (hours) 1 2 3 ------------------------------------------------------------------------ Particulate matter................... 24 375 625 875 ------------------------------------------------------------------------ (q) The requirements of Subpart H of this chapter are met in the Fresno County Air Pollution Control District, with the following exceptions: There are no episode criteria levels, declaration procedures, notification procedures, source inspection procedures, emission control actions, or episode termination procedures for carbon monoxide episodes based on 4- and 8-hour averaging times, or for particulate matter emergency episodes based on 24-hour averaging times; there is no time schedule to initiate the call for the submittal of individual abatement plans; the requirements for the content of the abatement plans are not sufficiently specific to ensure the adequate plans are submitted; there are no provisions for requiring abatement plans from operations which attract large numbers of motor vehicles with their related emissions; the Stage 3 photochemical oxidants (ozone) criterion level equals the Federal significant harm level; there are no provisions for adequate mandatory emission control actions. (r) Regulation for prevention of air pollution emergency episodes—4- and 8-hour carbon monoxide criteria levels, mandatory emission control actions, preplanned abatement strategies, and a Priority I particulate matter emergency episode contingency plan. (1) The requirements of this paragraph are applicable in the Fresno County Air Pollution Control District. (2) For the purposes of this regulation the following definitions apply: (i) “Administrator” means the Administrator of the Environmental Protection Agency or his authorized representative. (ii) “ppm” means parts per million by volume. (iii) “µg/m 3 ” means micrograms per cubic meter. (iv) “Major national holiday” means a holiday such as Christmas or New Year's Day. (3) For the purposes of this regulation, the following episode criteria shall apply to carbon monoxide episodes: ------------------------------------------------------------------------ Averaging Stage Stage Stage Pollutant time 1 2 3 (hours) (ppm) (ppm) (ppm) ------------------------------------------------------------------------ Carbon monoxide...................... 4 25 45 60 8 15 30 40 ------------------------------------------------------------------------ (4) The provisions of the Fresno County Air Pollution Control District's Regulation VI, as submitted on October 23, 1974, relating to carbon monoxide episodes averaged over 1 hour shall apply to carbon monoxide episodes averaged over 4 and 8 hours except that the Administrator shall insure that declaration procedures, notification procedures, source inspections, and termination of such episodes occur. (5) Stationary source curtailment plans and traffic abatement plans shall be prepared by business, commercial, industrial, and governmental establishments in Fresno County as follows: (i) The owner or operator of any business, commercial, industrial, or governmental stationary source which can be expected to emit 100 tons or more per year of carbon monoxide, hydrocarbons, or particulate matter shall submit to the Administrator plans to curtail or cease operations causing stationary source air contaminants in such activity: (ii) The plans required by paragraph (r)(5)(i) of this section shall include the following information: (A) The information requested in the California Air Resources Board's “Criteria for Approval of Air Pollution Emergency Abatement Plans” (Executive Order G–63). (B) The total number of employees at the facility during each shift on a normal weekday and on a major national holiday. (C) The amount of energy (gas, fuel oil, and electricity) used on a normal weekday and on a major national holiday. (D) For first-stage episodes, the measures to voluntarily curtail equipment emitting air pollutants. (E) For second-stage episodes: (1) The measures to curtail, as much as possible, equipment operations that emit air pollutants specific to the type of episode and, in the case of oxidant episodes, the equipment operations that emit hydrocarbons or nitrogen oxides. (2) The measures to postpone operations which can be postponed until after the episode. (F) For third-stage episodes: (1) A list of equipment, with permit numbers if applicable, which can be shut down without jeopardizing the public health or safety, and an estimate of the resultant reductions in carbon monoxide, hydrocarbons, nitrogen oxides, and particulate matter emissions. (2) A list of all equipment, with permit numbers if applicable, which must be operated to protect the public health or safety, and an estimate of the carbon monoxide, hydrocarbons, nitrogen oxides, and particulate matter emissions from such equipment. (iii) The owner or operator of any industrial, business, commercial, or governmental facility or activity employing more than 100 persons per shift at any one business address shall submit to the Administrator plans to curtail or cease operations causing air contaminants from vehicle use. (iv) The plans required by paragraph (r)(5)(iii) of this section shall include the following information: (A) The information requested in the California Air Resources Board's “Criteria for Approval of Air Pollution Emergency Abatement Plans” (Executive Order G–63). (B) The total number of employees at the facility during each shift. (C) The total number of motor vehicles and vehicle miles traveled for motor vehicles operated: (1) By the company on company business on a normal weekday and a major national holdiay. (2) By employees commuting between home and the place of business on a normal weekday and a major national holiday. (3) The minimum number of motor vehicles to be operated that are necessary to protect public health or safety. (6) A copy of the stationary source curtailment and/or traffic abatement plans approved in accordance with the provisions of this paragraph shall be on file and readily available on the premises to any person authorized to enforce the provisions of this paragraph. (7) The owner or operator of any governmental, business, commercial, or industrial activity or facility listed in paragraph (r)(5) of this section shall submit a stationary source curtailment plan and/or traffic abatement plan to the Administrator within 60 days after promulgation of final rulemaking. (8) The plans submitted pursuant to the requirements of this paragraph shall be reviewed by the Administrator for approval or disapproval according to the following schedule: (i) For sources with emissions of hydrocarbons, carbon monoxide, or particulate matter greater than or equal to 454 metric tons (500 tons) per year, or for establishments employing 400 or more employees per shift, within 45 days after receipt. (ii) For sources with emissions of hydrocarbons, carbon monoxide, or particulate matter greater than or equal to 91 metric tons (100 tons) per year and less than 454 metric tons (500 tons) per year, or for establishments employing more than 200 and less than 400 employees per shift, within 90 days after receipt. (iii) For establishments employing 100 to 200 employees per shift, within 180 days after receipt. (9) The owner or operator of any industrial, business, governmental or commercial establishment required to submit a plan by this paragraph shall be notified by the Administrator within 30 days after the plan has been evaluated as to whether the plan has been approved or disapproved. Any plan disapproved by the Administrator shall be modified to overcome the disapproval and resubmitted to the Administrator within 30 days of receipt of the notice of disapproval. (10) Any source that violates any requirement of this regulation shall be subject to enforcement action under section 113 of the Act. (11) All submittals or notifications required to be submitted to the Administrator by this regulation shall be sent to: Regional Administrator, ATTN: Air and Hazardous Materials Division, Air Technical Branch, Technical Analysis Section (A–4–3), Environmental Protection Agency, 215 Fremont Street, San Francisco, CA 94105. (12) For the purposes of this regulation the following episode criteria shall apply to particulate matter episodes and Stage 3 photochemical oxidants episodes: ------------------------------------------------------------------------ µg/m\3\ Averaging ----------------------- Pollutant time Stage Stage Stage (hours) 1 2 3 ------------------------------------------------------------------------ Particulate matter................... 24 375 625 875 Photochemical oxidants............... 1 ...... ...... \1\ 0.5 ------------------------------------------------------------------------ \1\ Parts per million. (13) The Fresno County Air Pollution Control District's Regulation VI, as submitted on October 23, 1974, relating to episodes for carbon monoxide and photochemical oxidants averaged over 1 hour, shall apply to particular matter episodes averaged over 24 hours, except that the Administrator shall insure that declaration procedures, notification procedures, source inspections, and termination of such episodes occur. (14) The Administrator shall insure that the following actions will be taken in the source and receptor areas on the declaration of a Stage 1, Stage 2 or Stage 3 episode: (i) For a Stage 1 or Stage 2 episode: (A) Persons operating any facility or activity named in paragraph (r)(5) of this section shall implement the appropriate plans submitted in accordance with subparagraph (5) of the declared Stage 1 or Stage 2 episode for the appropriate air contaminant(s). (ii) For a Stage 3 episode: (A) The general public, schools, industrial, business, commercial, and governmental activities throughout Fresno County shall operate as though the day were a major national holiday. [43 FR 22721, May 26, 1978] Editorial Note: For Federal Register citations affecting §52.274, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.275 Particulate matter control. top (a) The following rules or portions of rules are retained because they control emissions of particulate matter, and because there is no demonstration that their deletion would not interfere with the attainment and maintenance of the national standards for particulate matter: (1) Lake County APCD. (i) Part III–50 and Part V–1B, submitted on October 23, 1974, and previously approved under 40 CFR 52.223. (2) San Luis Obispo County APCD. (i) Rule 113, submitted on February 21, 1972, and previously approved under 40 CFR 52.223. (b) The following regulations are disapproved because they relax the control on particulate matter emissions without any accompanying analyses demonstrating that these relaxations will not interfere with the attainment and maintenance of the National Ambient Air Quality Standards. (1) Amador County APCD. (i) Rules 211 and 212, submitted on April 21, 1976. (Regulation V, Rules 13 and 14, submitted on June 30, 1972, and previously approved, are retained.) (ii) Rules 207 and 212, submitted on October 13, 1977. (The analogous Rules 10 and 14 of Regulation V, submitted on June 30, 1972, and previously approved, are retained and shall remain in effect for Federal enforcement purposes.) (2) Calaveras County APCD. (i) Rule 211, submitted on October 13, 1977. (Rule 211, submitted on July 22, 1975, and previously approved, is retained and shall remain in effect for Federal enforcement purposes.) (3) Del Norte County APCD. (i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976. (ii) Rules 420(e) and (f), submitted on November 4, 1977. (4) El Dorado County APCD. (i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted on August 2, 1976. (The analogous Rule 55, submitted on February 21, 1972, and previously approved, is retained and shall remain in effect for Federal enforcement purposes.) (5) Humbolt County APCD. (i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976. (ii) Rules 420(e) and (f), submitted on November 4, 1977. (6) Mariposa County APCD. (i) Rule 211, submitted on June 6, 1977. (Rule 211, submitted on January 10, 1975, and previously approved, is retained and shall remain in effect for Federal enforcement purposes.) (7) Mendocino County APCD. (i) Rule 410(c)(7), submitted on November 10, 1976. (ii) Rules 420(e) and (f), submitted on November 4, 1977. (8) Nevada County APCD. (i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted on April 21, 1976. (Rule 52.1, submitted on June 30, 1972, and previously approved, is retained and shall remain in effect for Federal enforcement purposes.) (9) Northern Sonoma County APCD. (i) Rule 420(e), submitted on November 10, 1976. (ii) Rules 420(e) and (f), submitted on October 13, 1977. (10) Placer County APCD. (i) Rule 211, submitted on October 13, 1977. (The analogous Rule 61, submitted on June 30, 1972, and previously approved, is retained and shall remain in effect for Federal enforcement purposes.) (ii) Rules 202, 207, and 211, submitted on October 15, 1979; and Section 61, and Rules 202 and 207, previously approved in the June 30, 1972, January 10, 1975, and October 13, 1977 submittals, are retained. (11) Plumas County APCD. (i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211, submitted on January 10, 1975, and previously approved, is retained and shall remain in effect for Federal enforcement purposes.) (12) San Luis Obispo County APCD. (i) Rule 403, submitted on November 10, 1976. (13) Sierra County APCD. (i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211, submitted on January 10, 1975, and previously approved, is retained and shall remain in effect for Federal enforcement purposes.) (14) Trinity County APCD. (i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976. (ii) Rules 420(e) and (f), submitted on November 4, 1977. (c) The following regulations are disapproved because they relax the control on visible emissions without any accompanying analyses demonstrating that these relaxations will not interfere with the attainment and maintenance of the National Ambient Air Quality Standards or any other applicable requirement of the Clean Air Act. (1) South Coast Air Quality Management District. (i) Rule 401, submitted on January 12, 1999. [43 FR 25675, June 14, 1978] Editorial Note: For Federal Register citations affecting §52.275, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.276 Sulfur content of fuels. top (a) The following rules or portions of rules are disapproved since they represent a relaxation of previously submitted regulations and an adequate control strategy demonstration has not been submitted showing that the relaxation will not interfere with the attainment and maintenance of the National Ambient Air Quality Standards: (1) North Central Coast Intrastate Region: (i) Monterey Bay Unified APCD. (A) Rule 412(a)(8), Sulfur Content of Fuels, submitted on October 23, 1974. (b) The deletion of the following rules from the State implementation plan is disapproved since their deletion represents a relaxation of the control strategy, and an adequate demonstration showing that the relaxation will not interfere with the attainment and maintenance of the national ambient air quality standards has not been submitted: (1) Southeast Desert Intrastate Region: (i) Imperial County APCD. (A) Rule 126, Sulfur Contents of Fuels, submitted on June 30, 1972 and previously approved under 40 CFR 52.223. [42 FR 56606, Oct. 27, 1977, as amended at 43 FR 35695, Aug. 11, 1978] § 52.277 Oxides of nitrogen, combustion gas concentration limitations. top (a) The following rules are being retained to the extent that the new rules are less stringent than the previously approved rules: (1) North Central Coast Intrastate Region: (i) Monterey Bay Unified APCD. (A) Rule 404(c) submitted on February 21, 1972 by the Monterey-Santa Cruz Unified APCD and previously approved as part of the SIP, is being retained for sources combusting gaseous fuels. Rule 404(c) will be in effect for Monterey and Santa Cruz Counties only. Rule 404(c), submitted on November 10, 1976 by the Monterey Bay Unified APCD, will only be in effect for sources combusting liquid or solid fuels with heat input rates greater than 1 1/2 billion BTU per hour in the Monterey and Santa Cruz portions of the Unified APCD. (B) Rule 408(b), submitted on February 21, 1972 by the San Benito County APCD and previously approved as part of the SIP, is being retained for sources combusting liquid, solid, or gaseous fuels with heat input rates less than 1 1/2 billion BTU per hour. Rule 408(b) will be in effect for San Benito County only. Rule 404(c), submitted on November 10, 1976 by the Monterey Bay unified APCD, will only be in effect for sources combusting liquid, solid, or gaseous fuels with heat input rates greater than 1 1/2 billion BTU per hour in the San Benito County portion of the Unified APCD. [42 FR 56606, Oct. 27, 1977] § 52.278 Oxides of nitrogen control. top (a) The following regulations are disapproved because they relax the control of nitrogen oxides emissions without an accompanying analysis demonstrating that this relaxation will not interfere with the attainment and maintenance of the National Ambient Air Quality Standards. (1) South central coast intrastate AQCR. (i) San Luis Obispo County APCD. (A) Rule 405(A)(1), Nitrogen Oxides Emission Standards Limitations and Prohibitions submitted on November 10, 1976, is disapproved; and Rule 114(4), Gaseous Contaminants Oxides of Nitrogen submitted on February 21, 1972 and previously approved in 40 CFR 52.223, is retained. [43 FR 34467, Aug. 4, 1978] § 52.279 Food processing facilities. top (a) The following regulations are disapproved because they conflict with the requirements of 40 CFR Subpart I [formerly §51.18], “Review of new sources and modifications,” and relax the control on emissions from food processing facilities without any accompanying analyses demonstrating that these relaxations will not interfere with the attainment and maintenance of the National Ambient Air Quality Standards. (1) Merced County APCD Rules 210.1–II–J, 210.1–VII–F, 408–C (new sentences two and three), adopted on August 21, 1984, and submitted on October 5, 1984. (2) Bay Area Air Quality Management District sections 2–2–119, 2–2–120. Adopted on September 19, 1984, and submitted on October 5, 1984. [52 FR 3646, Feb. 5, 1987, as amended at 55 FR 31835, Aug. 6, 1990] § 52.280 Fuel burning equipment. top (a) The following rules and regulations are disapproved because they relax the control on emissions from fuel burning equipment without any accompanying analyses demonstrating that these relaxations will not interfere with the attainment and maintenance of the National Ambient Air Quality Standards. (1) Mountain Counties Intrastate AQCR: (i) Amador County APCD. (A) Rules 209, submitted on April 21, 1976 and October 15, 1979, are disapproved; and Regulation V, Rule 19, previously approved in the June 30, 1972 submittal, is retained. (B) Rule 210(B)(1), submitted on October 15, 1979, is disapproved; and Rules 11 and 210, previously approved in the June 30, 1972 and April 21, 1976 submittals, are retained. (ii) Calaveras County APCD. (A) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on October 13, 1977, is disapproved; and Rule 408, Fuel Burning Equipment, previously approved in the June 30, 1972, submittal, is retained and shall remain in effect for Federal enforcement purposes. (iii) Tuolumne County APCD. (A) Rule 210, submitted on October 15, 1979, is disapproved; and Rule 407, previously approved in the June 30, 1972 submittal, is retained. (iv) Placer County APCD. (A) Rule 210, submitted on October 15, 1979, is disapproved, and Rule 210, previously approved in the October 13, 1977 submittal, is retained. (2) Sacramento Valley Intrastate AQCR: (i) Yolo-Solano APCD. (A) Rule 2.16, Fuel Burning Heat or Power Generators, submitted on July 19, 1974 is disapproved; and Rule 2.16, Fuel Burning Equipment, submitted on June 30, 1972 and previously approved as part of the SIP in 40 CFR 52.223, is retained. (3) Southeast Desert Intrastate AQCR. (i) San Bernardino County Desert APCD. (A) Rule 474, Fuel Burning Equipment—Oxides of Nitrogen, submitted November 4, 1977, is disapproved. Rule 68 (same title) submitted June 30, 1972 and approved in 40 CFR 52.223 is retained. (b) The deletion of the following rules or portions of rules from the State implementation plan is disapproved since their deletion represents a relaxation of the control strategy and an adequate demonstration showing that the relaxation will not interfere with the attainment and maintenance of the national ambient air quality standards has not been submitted: (1) Southeast Desert Intrastate Region: (i) Imperial County APCD. (A) Rule 131, Fuel Burning Equipment, submitted on February 21, 1972 and previously approved under 40 CFR 52.223. (ii) San Bernardino County. (A) Rule 67, Fuel Burning Equipment as applied to new sources. The emission limit of Rule 67 is retained and is applicable only to existing sources already granted a permit. (c) The emission limits of Rules 67 and 72 are partially retained, applicable only to (existing) sources granted permits prior to June 17, 1981. (1) South Coast Air Quality Management District. (i) Rules 67, Fuel Burning Equipment, and 72, Fuel Burning Equipment, submitted on November 19, 1979. [43 FR 25677, 25684 June 14, 1978, as amended at 43 FR 35696, Aug. 11, 1978; 43 FR 51774, Nov. 7, 1978; 43 FR 59490, Dec. 21, 1978; 44 FR 5664, Jan. 29, 1979; 46 FR 3889, Jan. 16, 1981; 46 FR 27116, 27118, May 18, 1981; 47 FR 25016, June 9, 1982] § 52.281 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulations for visibility monitoring. The provisions of §52.26 are hereby incorporated and made part of the applicable plan for the State of California. (c) Regulations for visibility new source review. The provisions of §52.27 are hereby incorporated and made part of the applicable plan for the State of California only with respect to: (1) Mendocino County air pollution control district, (2) Monterey County air pollution control district, (3) North Coast Unified air quality management district, (4) Northern Sonoma County air pollution control district, and (5) Sacramento County air pollution control district. (d) The provisions of §52.28 are hereby incorporated and made part of the applicable plan for the State of California, except for: (1) Monterey County air pollution control district, and (2) Sacramento County air pollution control district. (e) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of California. [50 FR 28553, July 12, 1985, as amended at 52 FR 45138, Nov. 24, 1987] Subpart G—Colorado top § 52.320 Identification of plan. top Link to an amendment published at 71 FR 14652, Mar. 23, 2006. (a) Title of plan: “Air Quality Implementation Plan for State of Colorado”. (b) The plan was officially submitted on January 26, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Request for legal authority submitted February 14, 1972, by the Governor. (2) Request for 110(e) extensions submitted March 20, 1972, by the Governor. (3) Statements by State Air Pollution Control Commission (APCC) related to public inspection of emission data, emergency episodes, and transportation control submitted May 1, 1972, by the APCC. (Non-regulatory) (4) List of sources under compliance schedules submitted May 1, 1972, by the State Department of Health. (5) Transportation Control Plans submitted June 4, 1973, by the Governor. (6) Statements relating to transportation control plans submitted July 16, 1973, by the Governor. (Non-regulatory) (7) Plan revisions submitted November 21, 1973, by the Governor which delete Section III of Regulation No. 1 only as it relates to existing sources in Appendix P concerning SO2. (8) On June 7, 1974, the Governor submitted five Air Quality Maintenance Area designations. (9) Supplemental information about the Air Quality Maintenance Areas was submitted by the Governor on January 29, 1975. (10) Procedural rules for all proceedings before the Air Pollution Control Commission, submitted May 5, 1977, by the Governor. (11) On January 2, 1979, the Governor submitted the nonattainment area plan for all areas designated nonattainment as of March 3, 1978. EPA is taking no action on areas for which the Governor has requested redesignations (Larimer-Weld TSP and ozone; El Paso County ozone). (i) Regulation 9, “Trip Reduction,” previously approved on October 5, 1979, and now deleted without replacement. (12) Extension request for attainment of CO and O3 was submitted by the Governor on January 5, 1979. (13) On July 5, 1979, the governor submitted the Air Pollution Control Commission's final comment on our May 11, 1979, proposal. This included a clarification that the “No-Drive Day” was not part of the State Implementation Plan and transportation control measures schedules for Larimer-Weld. (14) On July 18, 1979, the Commission committed to revising Regulation 7. (15) On July 23, 1979, the Governor submitted House Bill 1090 and Senate Bill 1 as part of the plan. (16) On July 27, 1979, the Governor submitted the Denver Regional Council of Governments schedules for implementing the transportation control strategies, and clarified that the Transportation Development Plan was part of the plan. (17) On March 4, 1980, the Governor submitted a plan revision to meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart C, §58.20. (18) On May 29, 1980, the Governor submitted written evidence of the State's legal authority to implement and enforce an automobile emissions control program as well as schedules for implementing that program and a demonstration that it will achieve a 25% reduction in exhaust emissions by 1987. (19) On January 22 and February 6, 1980 the Governor submitted schedules for the implementation of transportation control measures for Denver and Larimer-Weld elements of the State Implementation Plan, respectively. (20) On April 21, 1980, the Governor submitted a plan revision to meet the data reporting requirements of section 127 of the Clean Air Act. (21) On June 22, 1980, the Governor submitted the following amended rules: REPEAL AND REPROMULGATION OF REGULATION NO. 3 “A Regulation Requiring Air Pollutant Emission Notice, Emission Permits and Fees.” REVISIONS TO COMMON PROVISIONS REGULATION as they relate to changes in Regulation No. 3. (22) On June 5, 1980, the Governor submitted the following rules: REPEAL AND REPROMULGATION OF REGULATION NO. 7 “A Regulations to Control Emissions of Volatile Organic Compounds” and revisions to the Common Provisions Regulations as they relate to changes in Regulation No. 7. (23) On August 25, 1980, the Governor of Colorado submitted a site specific revision to the State Implementation Plan for Coors Container Corporation, Paper Packaging Division, in regard to alternative volatile organic compound emissions reduction for its printing presses. (24) Provisions to meet the requirements of sections 110 and 172 of the Clean Air Act, as amended in 1977, regarding control of Group II VOC sources were submitted on January 6, 1981, and the supplemental information received on August 20, 1981. (25) On December 29, 1980, the Governor submitted the following rule: Regulation No. 11, covering procedures for garage licensing (including mechanic testing and licensing), equipment requirements (including standards and specifications for exhaust gas analyzers), requirements for inspections, and emission standards as part of the Colorado motor vehicle inspection program. (26) On March 23, 1981, the Governor submitted revised regulations limiting sulfur dioxide emissions from certain oil shale production facilities. (27) On April 12, 1982, the Governor submitted the plan revisions to show attainment of the lead National Ambient Air Quality Standard. (28) Regulation Number 7 is part of the plan. (29) Provisions to meet the requirements of Part D of the Clean Air Act for carbon monoxide in Colorado Springs, Fort Collins, and Greeley and ozone in Denver were submitted on June 24, 1982, and supplemented by information submitted on May 4, 1983,by the Colorado Air Quality Control Commission. (30) Revisions to Air Pollution Control Commission Regulation No. 1 related to fugitive particulate emissions, were submitted by the Governor on June 22, 1982; on December 6, 1982; and on March 23, 1983, with a technical clarification dated August 5, 1982. Included is approval of requirements for continuous emission monitoring (CEM) of sulfur dioxide on fossil fuel fired steam generator with greater than 250 million BTU per hour heat input. Also addressed is the reinstatement of the 40% opacity limitation for wigwam waste-wood burners into Regulation No. 1. With this is the addition of operation and maintenance (O&M) requirements to promote improved operation of the wigwam burners. (i) Incorporation by reference. (A) Emission Control Regulations for Particulates, Smokes and Sulfur Oxides for the State of Colorado, Regulation No. 1.II (Smoke and Opacity); III (Particulates); IV (Continuous Emission Monitoring Requirements for Existing Sources; VII (Statements of Basis and Purpose); and Appendices A and B; which were effective on May 30, 1982. (B) Colorado Air Quality Control Commission Common Provisions Regulation which was effective on May 30, 1982. (C) Letter of August 5, 1982, from the State of Colorado to EPA. Clarification of the SIP Re: Continuous Emission Requirements for Oxides of Sulfur from Fossil Fueled Steam Generators. (31) Revisions to Air Pollution Control Commission Regulation No. 11 related to the Colorado Inspection and Maintenance (I/M) program for exhaust emission inspection of motor vehicles, submitted by the Governor on December 10, 1984. (32) Revisions to Air Pollution Control Commission Regulation No. 1, section II.A.6 and III.C.2 (a) and (b), submitted by the Governor on April 9, 1985. (i) Incorporation by reference. (A) Revisions to Air Pollution Control Commission Regulation No. 1, “Emission Control Regulation for Particulates, Smokes, and Sulfur Oxides for the State of Colorado,” sections II.A.6 and III.C.2 (a) and (b), effective March 2, 1985. (33) A revision to Regulation No. 4, “Regulation on the Sale of New Woodstoves”, to control emissions from new woodstoves was submitted by the Governor on October 24, 1986. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission Regulation No. 4, “Regulation on the Sale of New Woodstoves” (Section III.A., E., F., G. and Section VI.B. and C.) adopted June 27, 1985. (34) [Reserved] (35) Colorado Air Pollution Control Commission Regulation No. 4, “Regulation on the Sale of New Wood Stoves”, submitted by the Governor on July 18, 1985. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission Regulation No. 4., “Regulation on the Sale of New Wood Stoves”, adopted June 27, 1985. (36) “Revisions to Colorado Regulation No. 3 Requiring Air Contaminant Emission Notices, Emission Permits and Fees as it Relates to the Prevention of Significant Deterioration” and “Revisions to Common Provision Regulation as Related to Regulation 3.” Changes submitted April 18, 1983, by the Governor. (37) Supplemental information submitted on December 16, 1985, by the Colorado Department of Health concerning compliance with EPA's stack height regulations in issuing PSD permits. (i) Incorporation by reference. (A) Revisions to Regulation 3 and Common Provisions Regulation adopted March 10, 1983, by the Colorado Air Quality Control Commission. (B) Supplemental information submitted on December 16, 1985, by the Colorado Department of Health concerning compliance with EPA's stack height regulation in issuing PSD permits. (38) Revisions to Regulation 1 to control emissions from alfalfa dehydrators were submitted by the Governor on July 29, 1987. (i) Incorporation by reference. (A) Section II.A.6 and introductory text of Section III.C.2.a of Regulation 1 adopted by the Colorado Air Quality Control Commission on January 15, 1987, effective on March 2, 1987. (39) Regulation 12, to control emissions from diesel fleets with nine or more vehicles over 7,500 pounds empty weight, registered in the AIR Program area (the Colorado I/M program), was submitted by the Governor on December 21, 1987. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission, Regulation No. 12, adopted December 18, 1986, and effective January 30, 1987. (40) A revision to the Colorado SIP was submitted by the Governor on May 8, 1986, for Visibility New Source Review. (i) Incorporation by reference. (A) Revision to the Colorado State Implementation Plan regarding Revision to Regulation No. 3, Section XIV was submitted by the Governor on April 18, 1983, and was adopted on March 10, 1983. (B) Revision to the Colorado State Implementation Plan regarding Revision to Regulation No. 3, Section IV was submitted by the Governor on May 8, 1986, and was adopted on March 20, 1986. (41) A revision to the SIP was submitted by the Governor on December 21, 1987, for visibility general plan requirements, monitoring, and long-term strategies. (i) Incorporation by reference. (A) Letter dated December 21, 1987, from Governor Roy Romer submitting the Colorado Visibility SIP revision. (B) The visibility SIP revision, Regulation No. 3, “Regulation requiring an air contaminant emission notice, Emission Permit Fees”, section XV, adopted by the Colorado Air Quality Control Commission on November 19, 1987. (42) Revisions to Air Pollution Control Regulation No. 1, requiring reasonably available control technology RACT for carbon monoxide control on petroleum refinery catalytic cracking units were submitted by the Governor on May 8, 1986. (i) Incorporation by reference. (A) Revisions to Section IV., paragraphs IV.A., IV.D.2. and IV.E., and Section VII., Regulation No. 1, emission control regulations for particulates, smokes, carbon monoxide, and sulfur oxides for the State of Colorado requiring CEM and RACT on petroleum refinery catalytic cracking units in the metro Denver area effective on April 30, 1986. (43) On June 15, 1988, the Governor submitted revisions to the CO SIP for Colorado Springs. The revisions contain a new measure, the Clean Air Campaign. EPA considers all other aspects of the submittal to be surplus. (i) Incorporation by reference. (A) Clean Air Campaign portion of the Carbon Monoxide State Implementation Plan for the Colorado Springs urbanized area, revised August 12, 1987. (44) A revision to Regulation No. 4 of the Colorado SIP which exempts certain woodburning devices from the certification requirements of Regulation No. 4 was submitted by the Governor of Colorado on September 10, 1988. (i) Incorporation by reference. (A) In a letter dated September 10, 1988, Roy Romer, Governor of Colorado, submitted a revision to Regulation No. 4 of the Colorado SIP. (B) Paragraph (I)(A)(10)–(13) and (II)(C), revisions to Regulation No. 4, “Regulation on the Sale of New Woodstoves,” of the Colorado SIP became effective on June 30, 1988. (45) In a letter dated May 8, 1986, the Governor submitted revisions to the Colorado Regulation No. 3 (Regulation Requiring an Air Contaminant Emission Notice, Emission Permit Fees) of the Colorado SIP modifying stack evaluations. The changes consisted of (1) new definitions of dispersion techniques, good engineering practice, nearby, and excessive concentrations (Section XII.D.) and (2) rules clarifying technical modeling and monitoring requirements (Section XII.C.). (i) Incorporation by reference. (A) Revisions to the Colorado Regulation No. 3 (Regulation Requiring and Air Contaminant Emission Notice, Emission Permit Fees), Section XII, adopted March 20, 1986, by the Colorado Air Quality Control Commission. (46) On July 29, 1987, the Governor submitted: (1) Amendments to Colorado Regulation No. 11 (Inspection/Maintenance (I/M) program) and (2) Regulation No. 13 (oxygenated fuels program). (i) Incorporation by reference. (A) Regulation No. 11, revised January 15, 1987, effective March 2, 1987. (B) Regulation No. 13, adopted June 29, 1987, effective July 30, 1987. (47) In a letter dated October 23, 1985, the Director of the Air Pollution Control Division submitted the stack height demonstration analysis. Supplemental information was submitted on June 20, 1986, December 4, 1986, February 3, 1987, March 3, 1988, March 15, 1988, July 6, 1988 and August 16, 1988. (i) Incorporation by reference. Stack height demonstration analyses submitted by the State on October 23, 1985, June 20, 1986, December 4, 1986, February 3, 1987, March 3, 1988, March 15, 1988, July 6, 1988 and August 16, 1988. (48) [Reserved] (49) A revision to Regulation No. 4 of the Colorado SIP submitted on June 29, 1990, prohibits persons from operating a wood-burning stove or fireplace during a high pollution day in specified areas. (i) Incorporation by reference. (A) Revisions to Regulation No. 4, “Regulation on the Sale of New Woodstoves,” effective on June 30, 1990. (50) [Reserved] (51) On June 29, 1990, the Governor of Colorado submitted revisions to the plan. The revisions include amendments to the Common Provisions Regulation and Regulation No. 3 for emission permit fees and prevention of significant deterioration of air quality (PSD) regulations to incorporate the nitrogen dioxide (NO2) increments. (i) Incorporation by reference. (A) Revisions to the Colorado Air Quality Control Regulations, Common Provisions Regulation and Regulation No. 3, which were effective on June 30, 1990. (ii) Additional material. (A) October 22, 1990 letter from Douglas Skie, EPA, to Bradley Beckham, Director, Air Pollution Control Division. (B) November 5, 1990 letter from Bradley Beckham, Director, Air Pollution Control Division, to Douglas Skie, EPA. (52) [Reserved] (53) Revisions to the Colorado State Implementation Plan were submitted by the Governor of Colorado on July 13, 1990. The revision adds a voluntary educational Better Air Campaign to the Ft. Collins Carbon Monoxide element of the Colorado SIP. (i) Incorporation by reference. (A) The Fort Collins Better Air Campaign as defined in Exhibit “A” and adopted on September 5, 1989, through Resolution 89–161. (54) On November 17, 1988 the Governor submitted revisions to Regulation No. 3 and the Common Provisions Regulation which included: Provisions for the review of new sources to protect the PM–10 national ambient air quality standards (NAAQS) and for consistency with EPA requirements; Amendments to address deficiencies and previous EPA disapprovals as identified in the May 26, 1988 SIP Call; Provisions for the certification and trading of emission offset credits; and Amendments to increase permit processing and annual fees. (i) Incorporation by reference. (A) Regulation No. 3: Sections I.B.2.c.(i)–(vi), I.B.3.a., II.B.1.d & e, II.B.3.c., II.C.1.h., II.C.3., III.A.1., IV.C.4.e., IV.C.4.f.(i) & (iv)–(v), IV.C.6–10, IV.D.1.e., IV.D.2.a.(iv), IV.D.2.b., IV.D.2.c.(i) & (ii), IV.D.3.a.(vi), IV.D.3.b.(i)(D), IV.D.3.b.(iii)(A)(3), (5), (7), & (11), IV.D.3.d.(ii), IV.D.3.e., IV.G.3., IV.H.7., V.C–I, VI.A.2., VI.C.1., VI.D., VII.A., VIII.D., IX.K., XIII.B., XIV.B.1, XIV.B.4.c.; and the Common Provisions Regulation: Section I.G., definitions of “Best Available Control Technology,” “Complete,” “Construction,” “Enforceable,” “Fixed Capital Cost,” “Lowest Achievable Emission Rate (LAER),” “Modification,” Net Emissions Increase,” “Particulate Matter,” “Particulate Matter Emissions,” “PM10,” “PM10 Emissions,” “Reconstruction,” “Significant,” “Total Suspended Particulate;” revised August 18, 1988, effective September 30, 1988. (ii) Additional material. (A) Letter dated April 29, 1991 from the Colorado Air Pollution Control Division to EPA. (55) [Reserved] (56) Revisions to the Colorado State Implementation Plan were submitted by the Governor in letters dated October 25, 1989, and October 30, 1991. The revisions consist of amendments to Regulation No. 12, “Reduction of Diesel Vehicle Emissions.” (i) Incorporation by reference. (A) Regulation No. 12 revisions adopted on July 20, 1989, and effective on August 30, 1989, as follows: Part A (Diesel Fleet Self-Certification Program): I.B.2.; I.C.1.; I.D.; II.A.2.b., c.; all of IV. except those sections noted below; and add new Parts B (Diesel Opacity Inspection Program) and C (Standards for Visible Pollutants from Diesel Engine Powered Vehicles—Operating on Roads, Streets and Highways), except those sections noted below. Regulation No. 12 revisions adopted on September 19, 1991, and effective on October 30, 1991, as follows: Part A: I.A.; I.B.3–18.; I.C.2.; II.A.1.; II.A.2.d., f., g., III.A.; IV.A.2.; IV.C.1.c., g.; IV.C.2.c., h.; IV.C.3.f., i.; IV.C.4.k.; IV.C.5.a.iv.; IV.C.5.b.; V.; VI.; VII.; VIII.; Part B: I.B.2., 7., 19., 30.–37., 40., 50., 51.; I.C.2.; I.D.; I.E.3.; II.C.1.b.iv.; II.E.2.c., e.; II.E.8.; III.A.; III.B.4.; III.C.4.b.viii.–ix.; III.D.3.b.vi., xi.; III.D.3.c.viii., xiii.; V.; VI.; and Part C: A.–F. (57) Revision to the State Implementation Plan for Carbon Monoxide: Greeley Element. (i) Incorporation by reference. (A) Letter and submittal dated November 25, 1987, from the Governor of Colorado to the EPA Region VIII Administrator, to revise the SIP to include the Greeley Element. The revision was adopted by the State on September 17, 1987. (58) On November 17, 1988, the Governor submitted an amendment to Colorado Regulation No. 1, Section II.A.9., to exempt the destruction of Pershing missiles under the Intermediate-Range Nuclear Forces (INF) Treaty from meeting the opacity limits. (i) Incorporation by reference. (A) Regulation No. 1, Section II.A.9., adopted September 15, 1988, effective October 30, 1988. (59) Revisions to the State's new source review and prevention of significant deterioration permitting rules in the Common Provisions Regulation and Regulation No. 3, which were submitted by the Governor on April 9, 1992. (i) Incorporation by reference. (A) Regulation No. 3: Sections I.A., I.B.2.c. through e., I.B.3.e. and f., II.B.1., II.B.2., II.C., III.A.1., III.B., III.D., IV.B.2., IV.C.4., IV.C.7., IV.C.9, IV.D.1., IV.D.2.a.(ii) and (iv), IV.D.2.b.(i), IV.D.3.a.(iii) and (vi), IV.D.3.b.(iv), IV.H., IV.I., V.A., V.C.1., V.C.3., V.D.1., V.D.2., V.D.4., V.D.5., V.D.11., V.E.1., V.E.5., V.F.10., V.F.11., V.F.13., V.G.7., V.G.8., V.H.3., V.H.7. and 8., V.I.3., VI.A.1., VI.C.2., IX.D., XII.D., XIII.B.4., XIII.B.6., and XV.D.2.; and the Common Provisions Regulation: Sections I.D.2., I.F., II.C.1., II.C.4., IV., and Section I.G.- definitions of “best available control technology,” “commenced construction,” “complete,” “federally enforceable,” “modification,” “potential to emit,” “reasonable further progress,” and “stationary source;” revised October 17, 1991, effective November 30, 1991. (60) Revisions to the Long-Term Strategy of the Colorado State Implementation Plan for Class I Visibility Protection were submitted by the Governor in a letter dated November 18, 1992. The submittal completely replaces the previous version of the Long-Term Strategy and includes amendments to Air Quality Control Commission Regulation No. 3, “Air Contaminant Emissions Notices.” (i) Incorporation by reference. (A) Revisions to the Visibility Chapter of Regulation No. 3 as follows: XV.F.1.c. as adopted on August 20, 1992, and effective on September 30, 1992. (61) The Governor of Colorado submitted a portion of the requirements for the moderate nonattainment area PM10 State Implementation Plan (SIP) for Denver, Colorado with a letter dated June 7, 1993, and subsequent submittals dated September 3, 1993, and October 20, 1993, fulfilling most of the commitments made in the June 7, 1993, letter. The submittals were made to satisfy those moderate PM10 nonattainment area SIP requirements due for the Denver PM10 nonattainment area on November 15, 1991. EPA is approving, for the limited purpose of strengthening the SIP, the control measures contained in the SIP revisions identified above. (EPA is not approving, at this time, the control measures limiting the emissions from Purina Mills and Electron Corporation.) (i) Incorporation by reference. (A) Revisions to Regulation No. 4, “Regulation on the Sale of New Woodstoves and the Use of Certain Woodburning Appliances During High Pollution Days,” as adopted by the Air Quality Control Commission on June 24, 1993, effective August 30, 1993, as follows: insert new Section VIII and recodification of References Section. This revision pertains to local jurisdiction implementation and enforcement of ordinances and resolutions restricting wood burning on high pollution days. (B) Regulation No. 16, “Concerning Material Specifications for, Use of, and Clean-up of Street Sanding Material,” as adopted by the Air Quality Control Commission on June 24, 1993, effective August 30, 1993, as follows: recodification of Regulation and addition of Sections II and III, which regulate emissions from street sanding and sweeping in the Denver PM10 nonattainment area. (C) Revisions to Regulation No. 1, “Emission Control Regulations for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the State of Colorado,” as adopted by the Air Quality Control Commission on August 19, 1993, effective October 30, 1993, as follows: insert new Sections VII and VIII and recodification of the two following Sections, “Emission Regulations Concerning Areas Which are Nonattainment for Carbon Monoxide—Refinery Fluid Bed Catalytic Cracking Units”, and “Statements of Basis and Purpose” Sections. The revisions pertain to restrictions on the use of oil as a back-up fuel for certain sources and set new emission limits at the following Public Service Company Power Plants: Cherokee, Arapahoe, and Valmont. (D) Coors Glass Plant allowable emission limitations on three furnaces. 1. Permit 92JE129–1, effective date January 19, 1993, regulating emissions at the KTG glass melting furnace #1. 2. Permit 92JE129–2, effective date January 19, 1993, regulating emissions at the KTG glass melting furnace #2. 3. Permit 92JE129–3, effective date January 19, 1993, regulating emissions at the KTG glass melting furnace #3. (E) Conoco Refinery allowable emission limitations from the refinery. 1. Permit 90AD524, effective date March 20, 1991, regulating a Tulsa natural gas fired 20MMbtu/hour heater equipped with low-Nox burners. 2. Permit 90AD053, effective date March 20, 1991, regulating process heaters H–10, H–11 and H–27 and process boilers B4, B6, and B8 all burning fuel gas only. 3. Permit 91AD180–3, effective December 28, 1992, regulating the three stage Claus sulfur recovery unit with tail gas recovery unit. (ii) Additional material. (A) Regional Air Quality Council, “Guidelines for Reducing Air Pollution from Street Sanding” sets voluntary guidelines for public works departments to follow to reduce the amount of street sand applied, and includes recommendations for increasing the effectiveness of street cleaning operations. (B) Adolph Coors Company Brewery permit emission limitations on five boilers. Permits: C–12386–1&2, C–12386–3, C–10660, C–11199, and C–11305. (62) On February 24, 1993, and December 9, 1993, the Governor of Colorado submitted revisions to the Colorado State implementation plan (SIP) to satisfy those moderate PM–10 nonattainment area SIP requirements for Pagosa Springs, Colorado due to be submitted by November 15, 1991. Included in the December 9, 1993 submittal were PM–10 contingency measures for Pagosa Springs to satisfy the requirements of section 172(c)(9) of the Act due to be submitted by November 15, 1993. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission Nonattainment Areas regulation, section I. “Pagosa Springs Nonattainment Area,” adopted on November 19, 1992, effective on December 30, 1992, with revisions adopted on November 12, 1993, effective on December 30, 1993. (63) On November 18, 1992, the Governor of Colorado submitted a plan for the establishment and implementation of a Small Business Assistance Program to be incorporated into the Colorado State Implementation Plan as required by section 507 of the Clean Air Act. (i) Incorporation by reference. (A) Colorado Revised Statutes, Sections 25–7–109.2 and 25–7–114.7, to establish and fund a small business stationary source technical and environmental compliance assistance program, effective July 1, 1992. (ii) Additional materials. (A) November 18, 1992 letter from the Governor of Colorado submitting a Small Business Assistance Program plan to EPA. (B) The State of Colorado plan for the establishment and implementation of a Small Business Assistance Program, adopted by the Colorado Air Quality Control Commission on October 15, 1992, effective October 15, 1992. (64) On December 9, 1993, the Governor of Colorado submitted PM10 contingency measures for the moderate nonattainment PM10 areas of Canon City and Lamar, Colorado. The submittal was made to satisfy the moderate PM10 nonattainment area requirements for contingency measures due for Canon City and Lamar on November 15, 1993. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission Nonattainment Area Regulation, Section IV. “Lamar Nonattainment Area,” and Section V. “Canon City Nonattainment Area—PM–10,” adopted on November 12, 1993, and effective December 30, 1993. (65) On January 15, 1992, March 17, 1993, and December 9, 1993, the Governor of Colorado submitted revisions to the Colorado State implementation plan (SIP) to satisfy those moderate PM–10 nonattainment area SIP requirements for Aspen, Colorado due to be submitted by November 15, 1991. Included in the December 9, 1993 submittal were PM–10 contingency measures for Aspen to satisfy the requirements of section 172(c)(9) of the Act due to be submitted by November 15, 1993. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission Nonattainment Areas regulation, all of Section III. “Aspen/Pitkin County PM–10 Nonattainment Area” except Section III.C.6., adopted on January 21, 1993 effective on March 2, 1993, with revisions adopted on November 12, 1993, effective on December 30, 1993. (66) On January 14, 1993, the Governor of Colorado submitted revisions to the new source review and prevention of significant deterioration requirements in the Common Provisions Regulation and Regulation No. 3, as well as a revision to Regulation No. 7 pertaining to volatile organic compounds of negligible photochemical reactivity. (i) Incorporation by reference. (A) Air Quality Control Commission Common Provisions Regulation, Section I.C. and Section I.G., definitions of “adverse environmental effect,” “air pollutant,” “best available control technology,” “federal act,” “federally enforceable,” “hazardous air pollutant,” paragraph h. in “net emissions increase,” “ozone depleting compound,” and “significant;” revised 11/19/92, effective 12/30/92. (B) Air Quality Control Commission Regulation No. 3 Air Contaminant Emission Notices, Sections I.B.1., I.B.2.c-e., I.B.3.e-f., IV.B.3–5, IV.D.2.a.(iii), IV.D.2.c., IV.D.3., IV.D.4., IV.E., IV.F., IV.H., V.E.9., VI.B.1., VI.B.4., VI.B.5., VI.C., VII.C., VIII.A., VIII.C.1., XI.A., and XIII.A. and B.; revised 11/19/92, effective 12/30/92. (C) Air Quality Control Commission Regulation No. 7 Emissions of Volatile Organic Compounds, Section II.B.; revised 11/19/92, effective 12/30/92. (67) On November 27, 1992, the Governor of Colorado, submitted a revision to the Colorado SIP. This revision replaces previous versions of Regulation No. 13 with the amended Regulation No. 13 (oxygenated gasoline program) adopted September 17, 1992. Regulation No. 13 requires the oxygenated gasoline programs to be implemented in the Fort Collins-Loveland, Colorado Springs, and Boulder-Denver Metropolitan Statistical Areas (MSA) as required by Section 211(m) of the Clean Air Act Amendments of 1990. (i) Incorporation by reference. (A) Revision to Regulation No. 13, “Oxygenated Gasoline Program,” as adopted by the Colorado Air Quality Control Commission on September 17, 1992, effective October 10, 1992, as follows: entire Regulation revision. This regulation supersedes and replaces all previous revisions to Regulation No. 13, (40 CFR, 52.320(46)(2)). (68) The Governor of Colorado submitted a portion of the requirements for the moderate nonattainment area PM10 State Implementation Plan (SIP) for Telluride, Colorado with a letter dated March 17, 1993. The submittal was made to satisfy those moderate PM10 nonattainment area SIP requirements due for Telluride on November 15, 1991; however, the submittal did not contain quantitative milestones to provide for maintenance of the PM10 National Ambient Air Quality Standards through December 1997. The Governor of Colorado submitted moderate PM10 nonattainment area contingency measures for Telluride with a letter dated December 9, 1993. This submittal was intended to satisfy the requirements of section 172(c)(9) of the Clean Air Act due on November 15, 1993. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission Nonattainment Areas regulation, Section II., Telluride Nonattainment Area, adopted January 21, 1993 and effective on March 2, 1993, with revisions adopted November 12, 1993 and effective December 30, 1993. (ii) Additional material. (A) The commitment and schedule for the adoption and implementation of PM10 control measures that are necessary to demonstrate maintenance of the 24-hour PM10 standard in Telluride, which were submitted in an April 21, 1994 letter from Thomas Getz, Air Pollution Control Division, to Douglas M. Skie, EPA. (69) On January 14, 1994 and on June 24, 1994, Roy Romer, the Governor of Colorado, submitted SIP revisions to the Implementation Plan for the Control of Air Pollution. This revision establishes and requires the implementation of an enhanced motor vehicle inspection and maintenance program in the Denver and Boulder urbanized areas as required by section 187(a)(6) of the Clean Air Act Amendments of 1990. This material is being incorporated by reference for the enforcement of Colorado's enhanced I/M program only. (i) Incorporation by reference. (A) Colo. Rev. Stat. Sections 42–4–306.5—42–4–316 adopted June 8, 1993 as House Bill 93–1340, effective July 1, 1993. (B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by the Colorado Air Quality Control Commission (AQCC) on March 17, 1994. (ii) Additional materials. (A) SIP narrative and technical appendices 1–20 as corrected and approved by the AQCC on June 21, 1994. The narrative is entitled “State of Colorado Motor Vehicle Inspection and Maintenance State Implementation Plan”, dated December 16, 1993 with technical corrections. (70) Revisions to the Colorado State Implementation Plan were submitted by the Governor on September 27, 1989, and August 30, 1990. The revisions consist of amendments to the Ozone provisions in Regulation No. 7, “Regulation To Control Emissions of Volatile Organic Compounds.” (i) Incorporation by reference. (A) Revisions to Regulation No. 7, Sections 7.I (Applicability), 7.II (General Provisions), 7.III (General Requirements for Storage and Transfer of Volatile Organic Compounds), 7.IV (Storage of Highly Volatile Organic Compounds), 7.V (Disposal of Volatile Organic Compounds), 7.VI (Storage and Transfer of Petroleum Liquid), 7.VIII (Petroleum Processing and Refining), 7.IX (Surface Coating Operations), 7.X (Use of Solvents for Degreasing and Cleaning), 7.XI (Use of Cutback Asphalt), 7.XII (Control of VOC Emissions from Dry Cleaning Facilities Using Perchloroethylene as a Solvent), 7.XIII (Graphic Arts), 7.XIV (Pharmaceutical Synthesis), 7.XV (Control of Volatile Organic Compound Leaks from Vapor Collection Systems Located at Gasoline Terminals, Bulk Plants, and Gasoline Dispensing Facilities), and Appendices A (Criteria for Control of Vapors from Gasoline Transfer to Storage Tanks), B (Criteria for Control of Vapors from Gasoline Transfer at Bulk Plants-Vapor Balance System), and D (Test Procedures for Annual Pressure/Vacuum Testing of Gasoline Transport Trucks). The following new emission sources and appendices were added to Regulation No. 7: 7.IX.A.7 (Fugitive Emission Control), 7.IX.M (Flat Wood Paneling Coating), 7.IX.N. (Manufacture of Pneumatic Rubber Tires), and Appendix E (Emission Limit Conversion Procedure). These revisions became effective on October 30, 1989, and August 30, 1990. (ii) Additional material. (A) February 5, 1992, letter from John Leary, Acting Director, Colorado Air Pollution Control Division, to Douglas Skie, EPA. This letter contained the State's commitment to conduct capture efficiency testing using the most recent EPA capture efficiency protocols, and the commitment to adopt federal capture efficiency test methods after they are officially promulgated by EPA. (71) The Governor of Colorado submitted carbon monoxide contingency measures for Colorado Springs and Fort Collins with a letter dated February 18, 1994. This submittal was intended to satisfy the requirements of section 172(c)(9) of the Clean Air Act for contingency measures which were due on November 15, 1993. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission Nonattainment Areas regulation, 5 CCR 1001–20, Section VI, City of Fort Collins Nonattainment Area, and Section VII, Colorado Springs Nonattainment Area, adopted on November 12, 1993, effective on December 30, 1993. (72) On November 12, 1993, August 25, 1994, September 29, 1994, November 17, 1994, and January 29, 1996, the Governor of Colorado submitted revisions to the State's construction permitting requirements in Regulation No. 3 and the Common Provisions Regulation. These revisions included nonattainment new source review permitting requirements for new and modified major sources of PM–10 precursors locating in the Denver moderate PM–10 nonattainment area, changing from the dual source definition to the plantwide definition of source in nonattainment new source review permitting, other changes to Regulation No. 3 to make the construction permitting program more compatible with the State's title V operating permit program, and correction of deficiencies. In addition, the Governor submitted revisions to the Common Provisions Regulation on April 9, 1992 and January 14, 1993. (i) Incorporation by reference. (A) Common Provisions Regulation, 5 CCR 1001–2, Section I.G., definitions of “baseline area” and “reconstruction;” adopted 10/17/91, effective 11/30/91. (B) Common Provisions Regulation, 5 CCR 1001–2, Section I.G., definitions of “net emissions increase” and “stationary source;” adopted 8/20/92, effective 9/30/92. (C) Common Provisions Regulation, 5 CCR 1001–2, Section I.A. and Section I.G., definitions of “emission control regulation” and “volatile organic compound;” adopted 11/19/92, effective 12/30/92. (D) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001–5, revisions adopted 8/18/94, effective 9/30/94, as follows: Part A (with the exception of the last sentence in the definition of “Federally enforceable” in Section I.B.22 and with the exception of Section IV.C.) and Part B (with the exception of Sections V.B. and VII.A.5.). This version of Regulation No. 3, as incorporated by reference here, supersedes and replaces all versions of Regulation No. 3 approved by EPA in previous actions. (E) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001–5, revisions adopted on 3/16/95, effective 5/30/95, as follows: Part A: Sections I.B.12., I.B.31., I.B.32., I.B.35.B., I.B.36., I.B.37., I.B.41., I.B.50., I.B.57., I.B.66., II.D.5.c., II.D.5.d., V.B., V.C.6., V.C.10., V.E.1.c., V.E.1.d., V.H.4. through V.H.8., V.I.1., VI.C.1.f., and VII.A.; Part B: Sections III.D.2., III.D.3., IV.B.4., IV.C.1., IV.D.1.a., IV.D.2.c.(i)(E), IV.D.4.a., and IV.J. (ii) Additional material. (A) July 3, 1995 letter from Martha E. Rudolph, First Assistant Attorney General, Colorado Office of the Attorney General, to Jonah Staller, EPA. (73) On January 14, 1994 and on June 24, 1994, Roy Romer, the Governor of Colorado, submitted SIP revisions to the State Implementation Plan for the Control of Air Pollution. This revisions requires the implementation of a basic motor vehicle inspection and maintenance program in the urbanized areas of El Paso (Colorado Springs), Larimer (Fort Collins), and Weld (Greeley) Counties meeting the requirements of the Clean Air Act Amendments of 1990. This material is being incorporated by reference for the enforcement of Colorado's basic I/M program only. (i) Incorporation by reference. (A) Colo. Rev. Stat. §§42–4–306.5—42–4–316 adopted June 8, 1993 as House Bill 93–1340, effective July 1, 1993. (B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by the Colorado Air Quality Control Commission (AQCC) on March 17, 1994, effective April 30, 1994. (74) The Governor of Colorado submitted PM10 contingency measures for Denver, Colorado in a letter dated November 17, 1995. (i) Incorporation by reference. (A) Section IV. of Regulation No. 16, Street Sanding Emissions, adopted March 16, 1995, effective May 30, 1995. (75) The Governor of Colorado submitted revisions to the PM10 moderate nonattainment area State Implementation Plan (SIP) for Telluride, Colorado with a letter dated April 22, 1996. The submittal was made to satisfy the State's commitment to adopt additional control measures necessary to demonstrate continued maintenance of the PM10 National Ambient Air Quality Standards through 1997. Due to the satisfaction of this commitment, the SIP now adequately meets the quantitative milestone requirement. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission State Implementation Plan-Specific Regulation for Nonattainment Areas, 5 CCR 1001–20, Section II.C., Telluride Nonattainment Area Street Sanding Requirements, adopted August 17, 1995 and effective October 30, 1995. (76) The Governor of Colorado submitted the moderate nonattainment area PM10 State Implementation Plan (SIP) for Steamboat Springs, Colorado with a letter dated September 16, 1997. The submittal was made to satisfy those moderate PM10 nonattainment area SIP requirements due for Steamboat Springs on July 20, 1995, including among other things, control measures, technical analyses, quantitative milestones, and contingency measures. The September 16, 1997 submittal also included the Steamboat Springs emergency episode plan. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission Nonattainment Areas, 5 CCR 1001–20, Section VIII., Steamboat Springs PM10 Nonattainment Area, adopted October 17, 1996 and effective on December 30, 1996. (ii) Additional material. (A) An October 29, 1997 letter from Margie M. Perkins, APCD, to Richard R. Long, EPA, clarifying that the regulation entitled “Ambient Air Quality Standards for the State of Colorado” was included in the September 16, 1997 Steamboat Springs SIP submittal for informational purposes only. (77) On September 29, 1995, Roy Romer, the Governor of Colorado, submitted a SIP revision to the State Implementation Plan for the Control of Air Pollution. This revision provides a replacement Regulation No. 11, Inspection/Maintenance Program which limits dealer self-testing. This material is being incorporated by reference for the enforcement of Colorado's I/M program. (i) Incorporation by reference. (A) Department of Health, Air Quality Control Commission, Regulation No. 11 (Motor Vehicle Emissions Inspection Program) as adopted by the Colorado Air Quality Control Commission (AQCC) on September 22, 1994, effective November 30, 1994. (78) Revisions to the Colorado State Implementation Plan were submitted by the Governor of the State of Colorado on August 25, 1995, and October 16, 1995. The revisions consist or amendments to Regulation No. 3, “Air Contaminant Emissions Notices” and to Regulation No. 7, “Regulation To Control Emissions of Volatile Organic Compounds.” These revisions involve source-specific State Implementation Plan requirements for emission trading for Pioneer Metal Finishing Inc. and crossline averaging for Lexmark International Inc. (i) Incorporation by reference. (A) Revisions to Regulation No. 3, 5 CCR 1001–5, sections V.A. (Purpose), V.C.1 , V.C.3, V.C.5 (Definitions), V.D.6, V.D.7, V.D.9 (Procedure for Certification of Emissions Reductions and Approval of Transactions), V.E. (Criteria for Certification of Emissions Reductions), V.F., V.F.5, V.F.7, V.F.8.l, V.F.14, and V.F.15 (Criteria for Approval of all Transactions) and Revisions to Regulation No. 7, 5 CCR 1001–9, section II.D.1.a (Alternative Control Plans and Test Methods) became effective on December 30, 1994. The new section IX.L.2.c through IX.L.2.c.xv (Manufactured Metal Parts and Metal Products) to Regulation No. 7, 5 CCR 1001–9, applicable to Pioneer Metal Finishing Inc., became effective on April 30, 1995. The new section IX.A.12 through IX.A.12.a.(xi) (General Provisions) to Regulation No. 7, 5 CCR 1001–9, applicable to Lexmark International Inc., became effective July 30, 1995. (79) On August 23, 1996, the Governor of Colorado submitted a revision to the long-term strategy portion of Colorado's State Implementation Plan (SIP) for Class I Visibility Protection. The revision was made to incorporate into the SIP, among other things, emissions reduction requirements for the Hayden Station (a coal-fired steam generating plant located near the town of Hayden, Colorado) that are based on a consent decree addressing numerous air pollution violations at the plant. This SIP revision replaces the previous existing impairment portion of the long-term strategy as it relates to the Mt. Zirkel Wilderness Area. (i) Incorporation by reference. (A) Long-Term Strategy Review and Revision of Colorado's State Implementation Plan for Class I Visibility Protection Part I: Hayden Station Requirements, as follows: Section VI., effective on August 15, 1996. (80) On July 11, 1994, July 13, 1994, September 29, 1995, and December 22, 1995, the Governor of Colorado submitted revisions to the Colorado State Implementation Plan (SIP) to satisfy those CO nonattainment area SIP requirements for Denver and Longmont, Colorado due to be submitted by November 15, 1992, and further revisions to the SIP to shorten the effective period of the oxygenated fuels program. EPA is not taking action on the SIP provision submitted on July 11, 1994 that calls for a prohibition of the re-registration of abandoned and impounded vehicles. (i) Incorporation by reference. (A) Regulation No. 11, Motor Vehicle Emissions Inspection Program, 5 CCR 1001–13, as adopted on September 22, 1994, effective November 30, 1994. Regulation No. 13, Oxygenated Fuels Program, 5 CCR 1001–16, as adopted on October 19, 1995, effective December 20, 1995. (81) On August 1, 1996, the Governor of Colorado submitted revisions to the prevention of significant deterioration regulations in Regulation No. 3 to incorporate changes in the Federal PSD permitting regulations for PM–10 increments and to make other minor administrative revisions. (i) Incorporation by reference. (A) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001–5, revisions adopted 8/17/95, effective 10/30/95, as follows: Part A, Section I.B., as follows: the definition of “baseline area” in subsection 10, the definition of “minor source baseline date” in subsection 35, and the definition of “net emissions increase” in subsection 37; Part A: Sections IV.B., V.C.1., and V.D.11.c.; Part B: Sections IV.D.3.b.(v), VII.A.1., and X.D. (82) The Governor of Colorado submitted the Denver moderate nonattainment area PM10 State Implementation Plan (SIP) with a letter dated March 30, 1995. The Governor submitted revisions to Regulation No. 13, one of the control measures relied on in the PM10 SIP, on December 22, 1995. These submittals as well as support documentation submittals made on June 8, 1993, June 10, 1993, June 25, 1993, July 19, 1993, August 5, 1993, September 3, 1993, September 21, 1993, October 20, 1993, December 12, 1993, January 19, 1994, December 23, 1994, March 3, 1995, and November 8, 1995 satisfy those moderate PM10 nonattainment area SIP requirements due for the Denver PM10 nonattainment area on November 15, 1991. EPA is approving the SIP. This approval replaces the previous limited approval at 40 CFR 52.320(c)(61). (i) Incorporation by reference. (A) Regulation No. 4, “Regulation on the Sale of New Woodstoves and the Use of Certain Woodburning Appliances During High Pollution Days,” 5 CCR 1001–6, as adopted by the Air Quality Control Commission on June 24, 1993, effective August 30, 1993. (B) Local woodburning ordinances and resolutions. (1) Arvada, Colorado. Ordinance number 2451, effective November 2, 1987, regarding woodburning restrictions. (2) Aurora, Colorado. Ordinance numbers 87–118 and 92–14, effective May 22, 1987 and May 22, 1992, respectively, regarding woodburning restrictions. (3) Boulder, Colorado. Ordinance numbers 5007 and 5445, adopted November 25, 1986 and April 21, 1992, respectively, regarding woodburning restrictions. (4) Broomfield, Colorado. Ordinance number 794, effective November 24, 1988, regarding woodburning restrictions. (5) Denver, Colorado. Ordinance numbers 293 and 1018, approved May 30, 1990 and December 16, 1993, respectively, regarding woodburning restrictions. (6) Douglas County, Colorado. Resolution number 991–128, adopted November 14, 1991, regarding woodburning restrictions. (7) Englewood, Colorado. Ordinance numbers 31 and 39, passed on July 20, 1992, regarding woodburning restrictions. (8) Federal Heights, Colorado. Ordinance number 565, adopted January 5, 1988, regarding woodburning restrictions. (9) Glendale, Colorado. Ordinance numbers 2 and 14, adopted January 5, 1988 and effective on October 20, 1992, respectively, regarding woodburning restrictions. (10) Greenwood Village, Colorado. Ordinance numbers 17 and 9, effective July 9, 1988 and March 25, 1992, respectively, regarding woodburning restrictions. (11) Jefferson County, Colorado. Resolution numbers CC89–873 and CC90–617, dated December 29, 1989 and August 7, 1990, respectively, regarding woodburning restrictions. (12) Lafayette, Colorado. Ordinance number 24; series 1988, effective November 15, 1988, regarding woodburning prohibitions. (13) Lakewood, Colorado. Ordinance numbers 0–86–113 and 0–92–61, effective December 1, 1986 and November 28, 1992, respectively, regarding woodburning restrictions. (14) Littleton, Colorado. Ordinance numbers 51 and 26, passed on December 6, 1988 and August 18, 1992, respectively, regarding woodburning restrictions. (15) Longmont, Colorado. Ordinance number 0–89–1, adopted December 27, 1988, regarding woodburning restrictions. (16) Mountain View, Colorado. Ordinance number 90–5, approved on January 7, 1991, regarding woodburning restrictions. (17) Sheridan, Colorado. Ordinance numbers 22 and 1, approved October 25, 1988 and February 9, 1993, respectively, regarding woodburning restrictions. (18) Thornton, Colorado. Ordinance numbers 2120 and 2194, adopted October 28, 1991 and September 28, 1992, respectively, regarding woodburning restrictions. (19) Westminster, Colorado. Ordinance numbers 1742 and 2092, enacted on November 9, 1987 and December 28, 1992, respectively, regarding woodburning restrictions. (C) Regulation No. 16, “Concerning Material Specifications for, Use of, and Clean-up of Street Sanding Material,” 5 CCR 1001–18, as adopted by the Air Quality Control Commission on September 22, 1994, effective November 30, 1994. (D) Regulation No. 1, “Emission Control Regulations for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the State of Colorado,” 5 CCR 1001–3, Sections I–IV and VI–IX, and Appendices A and B, as adopted by the Air Quality Control Commission on August 19, 1993, effective October 20, 1993; with revisions to Sections VII and VIII, adopted by the Air Quality Control Commission on September 22, 1994, effective November 30, 1994. (E) Public Service Company Cherokee facility SO2 emission limitations for the power facility. (1) Permit 86AD352(1), effective date November 13, 1986, regulates SO2 emissions at Unit #1. (2) Permit 86AD352–2, effective date April 30, 1992, regulates SO2 emissions at Unit #4. (F) Purina Mills Inc. total PM10 emissions limitations at the animal feed manufacturing facility. (1) Permit 93AD1008–1, effective date October 19, 1993, regulating emissions at the finished product loadout facility. (2) Permit 93AD1008–2, effective date October 19, 1993, regulating emissions at the grain receiving facility. (G) Electron Corporation total PM10 emission limitations at the gray iron foundry. (1) Permit 93AR1363–1, effective date January 12, 1994, regulating emissions at the Table shot blaster and associated baghouse. (2) Permit 93AR1363–2, effective date January 12, 1994, regulating emissions at the five grinding booths-stand and associated baghouse. (3) Permit 93AR1363–3, effective date January 12, 1994, regulating emissions at the five grinding booths-hand and associated baghouse. (4) Permit 93AR1363–4, effective date January 12, 1994, regulating emissions at the Muller-25 sand system and associated baghouse. (5) Permit 93AR1363–5, effective date January 12, 1994, regulating emissions at the Coleman core oven-sand. (6) Permit 93AR1363–6, effective date January 12, 1994, regulating emissions at the Spinner wheelabrator and associated baghouse. (7) Permit 93AR1363–7, effective date January 12, 1994, regulating emissions at the Sand sile-core room and associated baghouse. (8) Permit 93AR1363–8, effective date January 12, 1994, regulating emissions from pouring of molten iron (casting) and castings cooling. (9) Permit 93AR1363–9 effective date January 12, 1994, regulating emissions at three tumble blast machines and associated baghouse. (10) Permit 93AR1363–10, effective date January 12, 1994, regulating emissions at two mullers-80A and associated baghouse. (11) Permit 93AR1363–11, effective date January 12, 1994, regulating emissions at the Casting shakeout hood and associated baghouse. (12) Permit 93AR1363–12, effective date January 12, 1994, regulating emissions at the Casting-disamatic mold and associated baghouse. (13) Permit 93AR1363–13, effective date January 12, 1994, regulating emissions at the Sand silo-disamatic and associated baghouse. (14) Permit 93AR1363–14, effective date January 12, 1994, regulating emissions at the Sand silo-air set room and associated baghouse. (15) Permit 93AR1363–15, effective date January 12, 1994, regulating emissions at two electric induction furnaces and associated baghouse. (16) Permit 93AR1363–16, effective date January 12, 1994, regulating emissions at two Inducto-Therm electric induction furnaces model #2000/4, serial nos. 40102 and 40103, and associated baghouse. (17) Permit 93AR1363–17, effective date January 12, 1994, regulating emissions from chemicals used in core making process. (18) Permit 93AR1363–18, effective date January 12, 1994, regulating emissions at the Loop shakeout and associated baghouse. (19) Permit 93AR1363–19, effective date January 12, 1994, regulating emissions at the Floor shakeout and associated baghouse. (20) Permit 93AR1363–20, effective date January 12, 1994, regulating emissions at the Reclaim sand and associated baghouse. (21) Permit 93AR1363–21 effective date January 12, 1994, regulating emissions at the Sand heater/cooler and associated baghouse. (22) Permit 93AR1363–22, effective date January 12, 1994, regulating emissions at the Paint spray booth. (H) TRIGEN-Colorado Energy Corporation permit emissions limitations at two boilers. (1) Permit 10JE660, effective date February 25, 1997, regulating emissions at the #4 boiler: tangential fired cogeneration steam boiler. (2) Permit 11JE305–1, effective date February 19, 1997, regulating emissions at the #5 boiler: tangential fired cogeneration steam boiler. (I) Rocky Mountain Bottle Company emission limitations on three furnaces. (1) Permit 92JE129–1, effective date June 29, 1995, regulating emissions at the KTG glass melting furnaces #1, #2 and #3. (J) Conoco Refinery allowable emission limitations from the refinery. (1) Permit 90AD524, effective date March 20, 1991, regulating a Tulsa natural gas fired 20MMbtu/hour heater equipped with low-NOX burners. (2) Permit 90AD053, effective date March 20, 1991, regulating process heaters H–10, H–11 and H–27 and process boilers B4, B6, and B8 all burning fuel gas only. (3) Permit 91AD180–3, effective December 28, 1992, regulating the three stage Claus sulfur recovery unit with tail gas recovery unit. (ii) Additional material. (A) Regional Air Quality Council, “Guidelines for Reducing Air Pollution from Street Sanding” sets voluntary guidelines for public works departments to follow to reduce the amount of street sand applied, and includes recommendations for increasing the effectiveness of street cleaning operations. (83) A revision to the Colorado State Implementation Plan was submitted by the Governor of the State of Colorado on April 22, 1996. The revision consists of an amendment to Colorado Air Quality Control Commission Regulation No. 7, “Regulation To Control Emissions of Volatile Organic Compounds,” to provide an exemption for beer production and associated beer container storage and transfer operations involving volatile organic compounds under 1.5 psia from certain bottom or submerged filling requirements that Regulation No. 7 otherwise imposes. The revision consists of the addition of paragraph C to section III, “General Requirements for Storage and Transfer of Volatile Organic Compounds,” of Regulation No. 7. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission Regulation No. 7, 5 CCR 1001–9, section III, paragraph C, adopted by the Colorado Air Quality Control Commission on March 16, 1995, State effective May 30, 1995. (84) The Governor of Colorado submitted the Denver PM10 mobile source emissions budget State Implementation Plan (SIP) with a letter dated July 18, 1995. The Governor submitted the Denver NOX mobile source emissions budget State Implementation Plan (SIP) with a letter dated April 22, 1996. The PM10 and NOX mobile source emissions budgets and other provisions in these SIP submittals are used to assess conformity of transportation plans, transportation improvement programs, and transportation projects. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission, “Ambient Air Quality Standards” regulation 5CCR 1001–14, Section A.1. Budgets for the Denver Nonattainment Area (Modeling Domain) PM10, Sections A.2. and A.3., and Sections B and C, adopted on February 16, 1995, effective April 30, 1995, as amended by the Colorado General Assembly through enactment of Colorado Senate Bill 95–110, which Bill was enacted on May 5, 1995 and signed by the Governor of Colorado on May 31, 1995. (See paragraph (c)(84)(i)(B) of this section). (B) Colo. Rev. Stat. section 25–7–105(1)(a)(III), enacted by the Colorado General Assembly on May 5, 1995 as part of Colorado Senate Bill 95–110 and signed by the Governor of Colorado on May 31, 1995. (C) Colorado Air Quality Control Commission “Ambient Air Quality Standards” regulation 5CCR 1001–14, Section A.1. Budgets for the Denver Nonattainment Area (Modeling Domain) Nitrogen Oxides, as adopted June 15, 1995, effective August 30, 1995. (85) On September 16, 1997, the Governor of Colorado submitted revisions to Regulation No. 10 “Criteria for Analysis of Conformity” that incorporate the General Conformity requirements of 40 CFR part 51, Subpart W into State regulation. (i) Incorporation by reference. (A) Regulation No. 10 “Criteria for Analysis of Conformity”, 5 CCR 1001–12, as adopted on October 17, 1996, effective December 30, 1996. (86) On October 1, 1998, the Governor of Colorado submitted revisions to Regulation No. 13 “Oxygenated Fuels Program” that shortened the effective time period of the oxygenated fuels program for Denver/Boulder, Colorado Springs, Fort Collins, and Longmont carbon monoxide nonattainment areas and also reduced the required oxygen content during certain periods. (i) Incorporation by reference. (A) Regulation No. 13 “Oxygenated Fuels Program”, 5 CCR 1001–16, as adopted on January 16, 1998, effective March 30, 1998. (87) On September 16, 1997, the Governor of Colorado submitted revisions to Regulations No. 3 and 7 and the Common Provisions Regulation to update the State's list of negligibly reactive volatile organic compounds (VOCs) and to consolidate the list of negligibly reactive VOCs from Regulations No. 3 and 7 into the Common Provisions Regulation. The Governor also submitted revisions to Parts A and B of Regulation No. 3 on September 16, 1997 to amend the definition of “applicable requirement” and to correct typographical errors. On August 19, 1998, the Governor submitted revisions to the Common Provisions Regulation to update its list of negligibly reactive VOCs. The Governor also submitted revisions to Regulation No. 7 to repeal the requirements for control of VOC emissions from dry cleaning facilities using perchloroethylene as a solvent. (i) Incorporation by reference. (A) Common Provisions Regulation, 5 CCR 1001–2, Section I.G., definition of “negligibly reactive VOCs (NRVOCs)” and subsection h. of the definition of “net emissions increase,” adopted 12/21/95, effective 3/1/96. (B) Regulation No. 3, “Air Contaminant Emission Notices,” 5 CCR 1001–5, adopted 12/21/95, effective 3/1/96, as follows: Part A, subsection h. of the definition of “net emissions increase” in Section I.B.37.; and Part B, Section IV.D.4. (C) Regulation No. 7, “Emissions of Volatile Organic Compounds,” 5 CCR 1001–9, Section II.B., adopted 12/21/95, effective 3/1/96. (D) Regulation No. 3, “Air Contaminant Emission Notices,” 5 CCR 1001–5, adopted 6/20/96, effective 8/30/96, as follows: Part A, definition of “applicable requirement” in Section I.B.9., definition of “major source (for the purposes of Part C—operating permits)” in Section I.B.59., and Section V.C.12; and Part B, Section III.D.2. (E) Common Provisions Regulation, 5 CCR 1001–2, Section I.G., definition of “negligibly reactive VOCs (NRVOCs)” adopted 11/21/96, effective 1/30/97. (F) Regulation No. 7, “Emissions of Volatile Organic Compounds,” 5 CCR 1001–9, Section XII., adopted 11/21/96, effective 1/30/97. (88) On April 26, 1996, the Governor of Colorado submitted revisions to Regulation No. 3 to allow a source to voluntarily request a permit to limit potential to emit and to require that such permits be subject to public participation. (i) Incorporation by reference. (A) Regulation No. 3, “Air Contaminant Emissions Notices,” 5 CCR 1001–5, revisions adopted 5/18/95, effective 7/30/95, as follows: part B, sections III.A.4, III.A.7, and IV.C.4. (89) On May 10, 2000, the Governor of Colorado submitted revisions to Regulation No. 13 “Oxygenated Fuels Program” that eliminated the Oxygenated Fuels Program for El Paso County and the Colorado Springs CO attainment/maintenance area. (i) Incorporation by reference. (A) Regulation No. 13 “Oxygenated Fuels Program”, 5 CCR 1001–16, as adopted on February 17, 2000, effective April 30, 2000, as follows: Sections I.D.19, II.A, II.A.1, II.A.2, II.C.1.a, II.C.1.b., and II.C.1.c. (90) On May 10, 2000, the State of Colorado submitted maintenance plans for the Telluride and Pagosa Springs PM10 nonattainment areas and requested that these areas be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation requests and maintenance plans satisfy all applicable requirements of the Clean Air Act. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission, “State Implementation Plan Specific Regulations for Nonattainment—Attainment/Maintenance Areas (Local Elements),” 5 CCR 1001–20, revisions adopted 3/16/00, effective 5/30/00, as follows: Section I., Pagosa Springs Attainment/Maintenance Area and Section II., Telluride Attainment/Maintenance Area. (ii) Additional material. (A) January 24, 2001 letter from Margie Perkins, Director, Colorado Air Pollution Control Division, to Richard Long, Director, EPA Region VIII Air and Radiation Program, clarifying the commitments of the Verification of Continued Attainment section of the Telluride and Pagosa Springs maintenance plans. (91) On May 10, 2000, the Governor of Colorado submitted revisions to the Colorado State Implementation Plan consisting of: Revisions to Regulation 12 to remove the “Reduction of Diesel Vehicle Emissions” program from areas outside the Denver PM10 non-attainment area, and Regulation 9 “Trip Reduction,” effective on January 30, 1979, is rescinded. (i) Incorporation by reference. (A) Revisions to Colorado Air Quality Control Commission Regulation No. 12, 5 CCR 1001–15, adopted by the Colorado Air Quality Control Commission on March 16, 2000, State effective May 30, 2000. (92) On November 5, 1999, the Governor of Colorado submitted Regulation No. 10, Criteria for Analysis of Conformity, Part B—Conformity to State Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, that incorporates conformity consultation requirements implementing 40 CFR Part 93, Subpart A into State regulation. (i) Incorporation by reference. (A) Regulation No. 10, Criteria for Analysis of Conformity, Part B—Conformity to State Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, 5 CCR 1001–12, as adopted October 15, 1998, effective November 30, 1998. (93) On June 7, 2001, the Governor of Colorado submitted a revision to the long-term strategy portion of Colorado's State Implementation Plan (SIP) for Class I Visibility Protection. The revision was made to incorporate into the SIP emissions reduction requirements for the Craig Station (a coal-fired steam generating plant located near the town of Craig, Colorado). This SIP revision is expected to remedy Craig Station's contribution to visibility impairment in the Mt. Zirkel Wilderness Area. (i) Incorporation by reference. (A) Revision of Colorado's State Implementation Plan for Class I Visibility Protection: Craig Station Units 1 and 2 Requirements, Section III, effective on April 19, 2001. (94) On August 8, 1996, the Governor of Colorado submitted revisions to Regulation No. 3, “Air Contaminant Emissions Notices,” that exempt gasoline stations located in ozone attainment areas from construction permit requirements, with the exception of those gasoline stations located in the Denver Metro ozone attainment maintenance area. The Governor also submitted revisions to Regulation No. 7, “Emissions of Volatile Organic Compounds,” that state the provisions of Regulation No. 7 shall apply only to ozone nonattainment areas and the Denver Metro Attainment Maintenance Area with the exception of Section V, Paragraphs VI.B.1 and 2., and Subsection VII.C., which shall apply statewide. (i) Incorporation by reference. (A) Part B, section III. D.1.f of Regulation No. 3 “Air Contaminant Emissions Notices”, 5 CCR 1001–5, as adopted on March 21, 1996, effective May 30, 1996. (B) Section I.A.1 of Regulation No. 7 “Emissions of Volatile Organic Compounds”, 5 CCR 1001–9, as adopted on March 21, 1996, effective May 30, 1996. (95) On July 30, 2001, the State of Colorado submitted a maintenance plan for the Denver PM10 nonattainment area and requested that the area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The maintenance plan deletes from the SIP Regulation No. 12, “Diesel Inspection/Maintenance Program” and permits for six stationary sources incorporated by reference in paragraphs (c)(91)(i)(A) and (c)(82)(i)(E) through (J), of this section respectively. In conjunction with the maintenance plan, Colorado revised previously approved regulations and requirements to control particulate matter (Regulation No. 1 and Regulation No. 16.) Among other changes, the revision to Regulation No. 1 includes the deletion of section VII.B of Regulation No. 1 from the SIP. Among other changes, the revision to Regulation No. 16 includes the deletion of sections III and IV of Regulation No. 16 from the SIP. The redesignation request, maintenance plan, and revisions to Regulations Nos. 1 and 16 satisfy all applicable requirements of the Clean Air Act. (i) Incorporation by reference. (A) Section VII and VIII.A of Regulation No. 1, “Emission Control for Particulates, Smokes, Carbon Monoxide, & Sulfur Oxides,” 5 CCR 1001–3, as adopted August 16, 2001 and effective September 30, 2001. (See paragraph (c)(95)(ii)(I) of this section regarding clerical error in section VIII.A of Regulation No. 1.) (B) Sections I and II, Regulation No. 16, “Street Sanding Emissions,” 5 CCR 1001–18, as adopted April 19, 2001, effective June 30, 2001. (ii) Additional material. (A) Letter dated September 5, 2001 from Casey Shpall, Colorado Office of the Attorney General to Cindy Rosenberg, EPA Region 8, clarifying that public notice was given of the proposed changes and transmitting the appropriate documentation. (B) Fax dated September 6, 2001 from Doug Lempke, Colorado Department of Public Health and Environment, to Cindy Rosenberg, EPA Region 8, submitting Colorado Attorney General's opinion concerning revisions to Regulation No. 16. (C) Letter dated September 10, 2001 from Kevin Briggs, Colorado Department of Public Health and Environment, to Kevin Golden, EPA Region 8, transmitting model input files for maintenance demonstration. (D) Letter dated September 13, 2001 from Casey Shpall, Colorado Office of the Attorney General to Cindy Rosenberg, EPA Region 8, explaining that an error occurred in the publication of Colorado Regulation No. 1. (E) Letter dated November 27, 2001 from Margie Perkins, Colorado Department of Public Health and Environment, to Richard Long, EPA Region 8, transmitting the justification for the revised street sweeping credits used in the PM10 maintenance plan. (F) Letter dated April 5, 2002 from Margie Perkins, Colorado Department of Public Health and Environment, to Richard Long, EPA Region 8, transmitting a supplement to the Technical Support Documentation correcting the emission rates used in the PM10 maintenance plan for Conoco and Ultramar Diamond Shamrock. (G) Complaint and Consent Decree in United States v. Conoco Inc., entered by the United States District Court for the Southern District of Texas on April 29, 2002. (H) July 31, 2002 memorandum from Cindy Rosenberg, EPA Region 8, to the Denver PM10 Redesignation and Maintenance Plan Docket, regarding the August 16, 2001 version of Regulation No. 1, “Emission Control for Particulates, Smokes, Carbon Monoxide, & Sulfur Oxides.” (I) Letter dated July 31, 2002 from Frank R. Johnson, Assistant Attorney General, Colorado Department of Law, to Jonah Staller, EPA Region 8, explaining a clerical error in the version of Regulation No. 1 referenced in paragraph (c)(95)(i)(A) of this section, assuring the continued enforceability of section VIII.A of Regulation No. 1 regardless of the air quality classification of the Denver area, and indicating that the clerical error will be promptly remedied. (96) On May 10, 2000, the Governor of Colorado submitted SIP revisions to Colorado's Regulation No. 11 “Motor Vehicle Emissions Inspection Program” that supersede and replace all earlier versions of the Regulation (except Appendices A and B of Regulation No. 11 as approved in paragraph (c)(80)) and make several changes to the motor vehicle inspection and maintenance requirements including the implementation of a remote sensing device (RSD) program for the Denver metropolitan area. On May 10, 2000, the Governor also submitted SIP revisions to Colorado's Regulation No. 13 : “Oxygenated Fuels Program” that supersede and replace all earlier versions of the Regulation and modify the oxygenated fuel requirements for the Denver metropolitan area. (i) Incorporation by reference. (A) Regulation No. 11 “Motor Vehicle Emissions Inspection Program”, 5 CCR 1001–13, as adopted on January 10, 2000, effective March 1, 2000, as follows: Part A, Part B, Part C, Part D, Part E, and Part F. (B) Regulation No. 13 “Oxygenated Fuels Program”, 5 CCR 1001–16, as adopted on January 10, 2000, effective March 1, 2000, as follows: Sections I.A., I.B., I.C., I.D., I.E., II.A, II.B., II.C., II.D., II.E., II.F., II.G., and II.H. (97) On November 9, 2001, the State of Colorado submitted a maintenance plan for the Aspen PM10 nonattainment area and requested that this area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. (i) Incorporation by reference. (A) Colorado Air Pollution Control Division, “State Implementation Plan—Specific Regulations for Nonattainment—Attainment/Maintenance Areas (Local Areas),” 5 CCR 1001–20, revisions adopted January 11, 2001, effective February 28, 2001 as follows: Section III, which is titled “Aspen/Pitkin County PM10 Attainment/Maintenance Area,” and which supersedes and replaces all prior versions of Section III. (98) On November 5, 1999 the Governor of Colorado submitted a revision to Regulation No. 1, “Emission Control for Particulates, Smokes, Carbon Monoxide and Sulfur Dioxide.” The November 5, 1999 submittal exempts military training exercises at the United States Army Installation Fort Carson and United States Army Pinon Canon Maneuver Site (PCMS) from opacity limits. A new subsection D to Regulation No. 1, section II, has been approved into the SIP. (i) Incorporation by reference. (A) Colorado Regulation No. 1, section II, subsection D effective September 30, 1998. (99) On August 9, 2002, the Governor of Colorado submitted SIP revisions to Colorado's Regulation No. 11 “Motor Vehicle Emissions Inspection Program” that eliminate the requirement in the SIP for the implementation of a motor vehicle inspection and maintenance program in Larimer County (which includes the Fort Collins area) after January 1, 2004. On August 9, 2002, the Governor also submitted SIP revisions to Colorado's Regulation No. 13 “Oxygenated Fuels Program” that eliminate the oxygenated fuel requirements for Larimer County (which includes the Fort Collins area) after January 1, 2004, and make changes to sections I.D., II.A., II.B., II.C., II.D., II.E., II.F., II.G., and II.H. On August 9, 2002, the Governor also submitted SIP revisions to Colorado's State Implementation Plan Specific Regulations for Nonattainment and Attainment/Maintenance Areas (Local Elements) that eliminate Clean Air Act section 172(c)(9) carbon monoxide contingency measures for the Fort Collins area. We originally approved these contingency measures on December 23, 1997, and our approval was codified in paragraph (c)(71) of this section. (i) Incorporation by reference. (A) Regulation No. 11 “Motor Vehicle Emissions Inspection Program”, 5 CCR 1001–13, Part A.I, as adopted on July 18, 2002, and effective September 30, 2002. (B) Regulation No. 13 “Oxygenated Fuels Program”, 5 CCR 1001–16, except for section III, the last sentence in Section II.C.1.c.v., “This Section II.C.1.c.v. is repealed effective February 1, 2019 and is replaced by the requirements in Section II.C.1.c.vi. below beginning November 1, 2019.,” and Section II.C.1.c.vi., as adopted on July 18, 2002, effective September 30, 2002, which supersedes and replaces all prior versions of Regulation No. 13. (100) EPA is approving a SIP revision submitted by the Governor of Colorado on July 31, 2002, concerning the use of credible evidence for determining compliance and establishing violations. The July 31, 2002 submittal revises Colorado Air Quality Control Commission (AQCC) Common Provisions Regulation by adding Section II.I, Compliance Certifications. Section II.I of Colorado AQCC Common Provisions Regulation is approved into the SIP. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission Common Provisions Regulation, Section II.I, effective September 30, 2001. (101) On July 31, 2002, the State of Colorado submitted a maintenance plan for the Steamboat Springs PM10 nonattainment area and requested that this area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation request and maintenance plan satisfies all applicable requirements of the Clean Air Act. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission, “State Implementation Plan—Specific Regulations for Nonattainment—Attainment/Maintenance Areas (Local Elements),” 5 CCR 1001–20, revisions adopted November 15, 2001, effective December 30, 2001 as follows: Section VIII., titled “Steamboat Springs PM10 Attainment/Maintenance Area” and supersedes and replaces all prior versions of Section VIII. (102) [Reserved] (103) On April 12, 2004, the Governor of Colorado submitted revisions to Regulation No. 11 “Motor Vehicle Emissions Inspection Program” that eliminated the Federal applicability of the Basic I/M program for El Paso County and the Colorado Springs CO attainment/maintenance area. (i) Incorporation by reference. (A) Regulation No. 11 “Motor Vehicle Emissions Inspection Program”, 5 CCR 1001–13, as adopted on December 18, 2003, effective March 1, 2004, as follows: Part A.I., “Applicability,” final sentence of paragraph 2. (104) On June 20, 2003, the Governor of Colorado submitted SIP revisions to Colorado's Regulation No. 11 “Motor Vehicle Emissions Inspection Program” that eliminate the requirement in the SIP to implement a motor vehicle inspection and maintenance program in Weld County (which includes the Greeley area) after January 1, 2004. On June 20, 2003, the Governor also submitted SIP revisions to Colorado's Regulation No. 13 “Oxygenated Fuels Program” that eliminate the oxygenated fuel requirements for Weld County (which includes the Greeley area) after January 1, 2004. (i) Incorporation by reference. (A) Regulation No. 11 “Motor Vehicle Emissions Inspection Program”, 5 CCR 1001–13, Part A.I, second sentence that reads, “The provisions of this regulation applicable to Larimer and Weld counties shall not be included in the state implementation plan after January 1, 2004.”, as adopted on December 19, 2002, and effective March 2, 2003. (B) Regulation No. 13 “Reduction of Carbon Monoxide Emissions from Gasoline Powered Motor Vehicles through the use of Oxygenated Gasolines,” 5 CCR 1001–16, Part I.D.15, Part II.A, Part II.C, as adopted on December 19, 2002, and effective March 2, 2003. (105) Revisions to the Long-Term Strategy of Colorado's State Implementation Plan for Class I Visibility Protection (Visibility SIP), as submitted by the Governor on April 12, 2004. The revisions update strategies, activities, and plans that constitute reasonable progress toward the National visibility goal. (i) Incorporation by reference. (A) “Revision of the Long-Term Strategy,” (Part II of the January 31, 2002 document entitled “Long-Term Strategy Review and Revision of Colorado's State Implementation Plan for Class I Visibility Protection,”) effective on February 21, 2002. (106) On July 31, 2002, the State of Colorado submitted a maintenance plan for the Lamar PM10 nonattainment area and requested that this area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. (i) Incorporation by reference. (A) Colorado Air Quality Control Commission, “State Implementation Plan—Specific Regulations for Nonattainment—Attainment/Maintenance Areas (Local Elements),” 5 CCR 1001–20, revisions adopted November 15, 2001, effective December 30, 2001 as follows: Section IV, titled “Lamar Attainment/Maintenance Area,” and which supersedes and replaces all prior versions of Section IV. (ii) Additional material. (A) Colorado Department of Public Health and Environment, “Natural Events Action Plan for High Wind Events, Lamar, Colorado,” submitted to EPA on February 9, 1998 and subsequently approved by EPA, June 5, 1998 and Lamar's revised 2003 “Natural Events Action Plan for High Wind Events, Lamar, Colorado,” submitted to EPA on April 16, 2003 and subsequently approved by EPA, February 9, 2004. (107) On July 21, 2004, the Governor submitted revisions to the Colorado State Implementation Plan for Colorado's Common Provisions Regulation that contained a definition for condensate. On July 21, 2004, and on March 24, 2005, the Governor also submitted revisions to the Colorado State Implementation Plan for Colorado's Regulation No. 7 “Emissions of Volatile Organic Compounds” that made several changes and additions to sections I.A., I.B., II.A and added new sections XII and XVI. The March 24, 2005 version of Regulation No. 7 superceded and replaced portions of the July 21, 2004 version of Regulation No. 7. On June 20, 2003, April 12 2004, and July 21, 2004, the Governor of Colorado submitted revisions to the Colorado State Implementation Plan for Colorado's Regulation No. 11 “Motor Vehicle Emissions Inspection Program.” (i) Incorporation by reference. (A) Common Provisions Regulation, 5 CCR 1001–2, as adopted on March 12, 2004, effective on May 30, 2004, as follows: Section I.G, definition of “Condensate.” (B) Regulation No. 7 “Emissions of Volatile Organic Compounds,” 5 CCR 1001–9, as adopted on March 12, 2004, effective on May 31, 2004, as follows: Sections I.A.1, I.A.1.a, I.A.1.b, I.A.1.c, I.B.1.b, and I.B.2.f. As adopted on December 16, 2004, effective March 2, 2005, as follows: Sections I.A.2, II.A.16, II.A.17, XII, and XVI. (C) Regulation No. 11 “Motor Vehicle Emissions Inspection Program,” 5 CCR 1001–13, with changes most recently adopted on March 12, 2004, effective May 31, 2004, as follows: Part A, Part B, Part C, Part D, Part E, Part F, and Appendices A and B, except for the following sentence in Part A.I, which is being acted on separately: “The provisions of this regulation applicable to Larimer and Weld counties shall not be included in the state implementation plan after January 1, 2004.” (ii) Additional material. (A) March 22, 2005, letter from Margie Perkins, Director, Air Pollution Control Division, Colorado Department of Public Health and Environment, to Richard Long, Director, Air and Radiation Program, EPA Region VIII. This letter contained commitments from the State to adhere to and address the continuing planning process requirements contained in the “Maintenance for Growth” provisions of EPA's “Protocol for Early Action Compacts Designed to Achieve and Maintain the 8–Hour Ozone Standards.” (108) [Reserved] (109) A revision to the State Implementation Plan was submitted by the State of Colorado on July 31, 2002. The submittal revises the Common Provisions regulation by adding affirmative defense provisions for source owners and operators for excess emissions during periods of startup and shutdown. (i) Incorporation by reference. (A) Common Provisions Regulation, 5 CCR 1001–2, sections II.J.1 through II.J.4, adopted August 16, 2001, effective September 30, 2001. [37 FR 10855, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.320, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.321 Classification of regions. top The Colorado plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Pawnee Intrastate......................................... I III III III III Metropolitan Denver Intrastate............................ I III III I I Comanche Intrastate....................................... III III III III III San Isabel Intrastate..................................... I III III III III San Luis Intrastate....................................... III III III III III Four Corners Interstate................................... IA IA III III III Grand Mesa Intrastate..................................... III III III III III Yampa Intrastate.......................................... III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10855, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 44 FR 57409, Oct. 5, 1979] § 52.322 Extensions. top The Administrator, by authority delegated under section 188(d) of the Clean Air Act, as amended in 1990, extends for one year (until December 31, 1995) the attainment date for the Denver, Colorado, PM–10 nonattainment area. [60 FR 52315, Oct. 6, 1995] § 52.323 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Colorado's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisifies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977, except as noted below. [44 FR 57410, Oct. 5, 1979] § 52.324 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met since the State lacks the authority to require owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the State on the nature and amounts of emissions from such stationary sources. (b) Delegation of authority: Pursuant to section 114 of the Act, Colorado requested a delegation of authority to enable it to require sources to install and maintain monitoring equipment and to report periodically on the nature and amount of their emissions. The Administrator has determined that Colorado is qualified to receive a delegation of the authority it requested. Accordingly, the Administrator delegates to Colorado his authority under section 114(a)(1)(B) and (C) of the Act, i.e., authorityto require sources within the State of Colorado to install and maintain monitoring equipment and to report periodically on the nature and amount of their emissions. [37 FR 10855, May 31, 1972, as amended at 46 FR 24182, Apr. 30, 1981; 51 FR 40676, Nov. 7, 1986; 62 FR 2914, Jan. 21, 1997] § 52.325 [Reserved] top § 52.326 Area-wide nitrogen oxides (NOX) exemptions. top The Denver Regional Council of Governments (DRCOG) submitted a NOX exemption petition to the EPA on May 25, 1994 and submitted supporting documentation via a letter dated August 1, 1994. This petition requested that the Denver metropolitan area, a transitional ozone nonattainment area, be exempted from the requirement to meet the NOX provisions of the Federal transportation and general conformity rule with respect to ozone. The exemption request was based on monitoring data which demonstrated that the National Ambient Air Quality Standard for ozone had been attained in this area for the 3 years prior to the petition. The EPA approved this exemption request on July 28, 1995. [60 FR 40291, Aug. 8, 1995] §§ 52.327-52.328 [Reserved] top § 52.329 Rules and regulations. top (a) On January 14, 1993, the Governor of Colorado submitted revisions to the State's nonattainment new source review permitting regulations to bring the State's regulations up to date with the 1990 Amendments to the Clean Air Act. With these revisions, the State's regulations satisfy the part D new source review permitting requirements for the following nonattainment areas: the Canon City, Lamar, Pagosa Springs, Aspen, Telluride, and Steamboat Springs moderate PM10 nonattainment areas, the Denver/Metro Boulder, Longmont, Colorado Springs, and Fort Collins moderate carbon monoxide nonattainment areas, the Greeley not classified carbon monoxide nonattainment area, and the Denver transitional ozone nonattainment area. (b) On January 14, 1993 and on August 25, 1994, the Governor of Colorado submitted revisions to the State's nonattainment new source review permitting regulations to bring the State's regulations up to date with the 1990 Amendments to the Clean Air Act. With these revisions, the State's regulations satisfy the part D new source review permitting requirements for the Denver metropolitan moderate PM–10 nonattainment area. (c) A revision to the State Implementation Plan was submitted by the State of Colorado on July 31, 2002. The submittal revises the Common Provisions regulation by adding affirmative defense provisions for source owners and operators for excess emissions during periods of startup and shutdown. The affirmative defense provisions are contained in section II.J. As indicated in 40 CFR 52.320(c)(109), EPA approved the affirmative defense provisions contained in sections II.J.1 through II.J.4 of the Common Provisions regulation, adopted August 16, 2001 and effective September 30, 2001. Section II.J.5 of the Common Provisions regulation, adopted August 16, 2001 and effective September 30, 2001, is disapproved. [59 FR 64336, Dec. 14, 1994, as amended at 62 FR 2914, Jan. 21, 1997; 62 FR 68195, Dec. 31, 1997; 71 FR 8961, Feb. 22, 2006] § 52.330 Control strategy: Total suspended particulates. top (a) Part D—Conditional Approval: The Pueblo plan is approved assuming the State demonstrates by December 31, 1981, through air quality modeling, attainment of the 24-hour and annual standards, while considering emissions from all sources in the nonattainment area. In addition, the State must repromulgate Regulation No. 1 to satisfy reasonably available control technology requirements in accordance with the following schedule: (1) The Commission will consider and adopt for public hearing any changes or additions to Regulation No. 1 by February 15, 1981. (2) The proposed regulations will be published in the Colorado Register by March 10, 1981. (3) Public hearing will be held by May 14, 1981. (4) Regulations will be approved with an effective date no later than July 1, 1981, and submitted to EPA by the same date. [46 FR 26302, May 12, 1981] § 52.331 Committal SIP for the Colorado Group II PM10 areas. top On April 14, 1989, the Governor submitted a Committal SIP for the Colorado Group II PM10 areas. The SIP commits the State to continue to monitor for PM10, report data and to submit a full SIP if a violation of the PM10 National Ambient Air Quality Standards is detected. [54 FR 43178, Oct. 23, 1989] § 52.332 Control strategy: Particulate matter. top (a) On April 9, 1992, the Governor of Colorado submitted the moderate PM–10 nonattainment area plan for the Canon City area. The submittal was made to satisfy those moderate PM–10 nonattainment area SIP requirements which were due for Canon City on November 15, 1991. (b)(1) On February 24, 1992, and December 9, 1993, the Governor of Colorado submitted the moderate PM–10 nonattainment area plan for the Pagosa Springs area. The submittal was made to satisfy those moderate PM–10 nonattainment area SIP requirements which were due for Pagosa Springs on November 15, 1991. (2) On August 2, 1996, the Governor of Colorado submitted minor revisions to the Pagosa Springs Element of the Colorado PM–10 SIP. (c) On May 27, 1993, the Governor of Colorado submitted the moderate PM–10 nonattainment area plan for the Lamar area. The submittal was made to satisfy those moderate PM–10 nonattainment area SIP requirements which were due for Lamar on November 15, 1991. (d) On December 9, 1993, the Governor of Colorado submitted PM10 contingency measures for the moderate PM10 nonattainment areas of Canon City, Lamar, and Pagosa Springs. The submittal was made to satisfy the moderate PM10 nonattainment area requirements for contingency measures due for Canon City, Lamar, and Pagosa Springs on November 15, 1993. (e)(1) On January 15, 1992, March 17, 1993, and December 9, 1993, the Governor of Colorado submitted the moderate PM–10 nonattainment area plan for the Aspen area. The submittals were made to satisfy those moderate PM–10 nonattainment area SIP requirements which were due for Aspen on November 15, 1991. The December 9, 1993 submittal was also made to satisfy the PM–10 contingency measure requirements which were due for Aspen on November 15, 1993. (2) On March 13, 1995, the Governor of Colorado submitted minor revisions to the Aspen Element of the Colorado PM–10 SIP. (f) On March 30, 1995, and November 17, 1995, the Governor of Colorado submitted the moderate PM10 nonattainment area plan for the Denver area. The March 30, 1995 submittal was made to satisfy those moderate PM10 nonattainment area SIP requirements due for the Denver PM10 nonattainment area on November 15, 1991. The November 17, 1995 submittal was also made to satisfy the PM10 contingency measure requirements which were due for Denver on November 15, 1993. (g) On March 17, 1993, December 9, 1993, and April 22, 1996, the Governor of Colorado submitted the moderate PM10 nonattainment area plan for Telluride. The submittals were made to satisfy those moderate PM10 nonattainment area SIP requirements which were due for Telluride on November 15, 1991. The December 9, 1993 submittal was also made to satisfy the PM10 contingency measure requirements which were due for Telluride on November 15, 1993. (h) On September 16, 1997 the Governor of Colorado submitted the moderate PM10 nonattainment area plan for Steamboat Springs. The submittal was made to satisfy those moderate PM10 nonattainment area SIP requirements which were due for Steamboat Springs on July 20, 1995. (i) On September 22, 1997, the State of Colorado submitted a maintenance plan for the Canon City PM10 nonattainment area and requested that the area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. An April 24, 2000 letter from Margie Perkins, Director, Colorado Air Pollution Control Division, to Richard Long, Director, EPA Region VIII Air and Radiation Program, was sent to clarify the requirements of the contingency plan section of the Canon City maintenance plan. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. (j) On May 10, 2000, the State of Colorado submitted maintenance plans for the Telluride and Pagosa Springs PM10 nonattainment areas and requested that these areas be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation requests and maintenance plans satisfy all applicable requirements of the Clean Air Act. (k) Determination—EPA has determined that the Steamboat Springs PM10 “moderate” nonattainment area attained the PM10 national ambient air quality standard by December 31, 2000. This determination is based on air quality monitoring data from 1998, 1999, and 2000. (l) On July 30, 2001, the State of Colorado submitted a maintenance plan for the Denver PM10 nonattainment area (“PM–10 Redesignation Request and Maintenance Plan For the Denver Metropolitan Area,” Chapter 4: “Maintenance Plan,” adopted April 19, 2001 by the Colorado Air Quality Control Commission and effective April 19, 2001) and requested that the area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. (m) On November 9, 2001, the State of Colorado submitted a maintenance plan for the Aspen PM10 nonattainment area and requested that this area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. (n) On July 31, 2002, the State of Colorado submitted a maintenance plan for the Steamboat Springs PM10 nonattainment area and requested that this area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation request and maintenance plan satisfies all applicable requirements of the Clean Air Act. (o) On July 31, 2002, the State of Colorado submitted a maintenance plan for the Lamar PM10 nonattainment area and requested that this area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. [58 FR 68038, Dec. 23, 1993, as amended at 59 FR 26128, May 19, 1994; 59 FR 29734, June 9, 1994; 59 FR 47095, Sept. 14, 1994; 59 FR 64336, Dec. 14, 1994; 62 FR 18723, Apr. 17, 1997; 62 FR 66008, Dec. 17, 1997; 62 FR 68195, Dec. 31, 1997; 65 FR 34404, May 30, 2000; 66 FR 32562, June 15, 2001; 66 FR 55105, Nov. 1, 2001; 67 FR 58338, Sept. 16, 2002; 68 FR 26219, May 15, 2003; 69 FR 62216, Oct. 25, 2004; 70 FR 61566, Oct. 25, 2005] §§ 52.333-52.342 [Reserved] top § 52.343 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met for the following categories of sources for preventing the significant deterioration of air quality: (1) Sources locating on Indian lands. (2) Sources locating on Indian Reservations. (3) Sources which constructed prior to September 2, 1986 and which have not otherwise subjected themselves to Colorado's PSD permitting regulations after September 2, 1986, either through application to Colorado for a PSD permit (in the case of those sources which improperly constructed without obtaining a PSD permit) or through application to Colorado for a major modification to the source. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Colorado for the sources identified in paragraph (a) of this section as not meeting the requirements of sections 160–165 of the Clean Air Act. (c) The State of Colorado has clarified the generalized language contained in the Colorado Air Quality Control Regulations on the use of “applicable air quality models.” In a letter to Douglas M. Skie, EPA, dated May 19, 1989, Bradley J. Beckham, Director of the Air Pollution Control Division stated: * * * All PSD permits reviewed by the Division will use the revised modeling guideline mentioned above [Guideline on Air Quality Models (Revised), EPA 450/2–78–027R including Supplement A (July 1987)] for determining if the air quality models, data bases, and other requirements are generally approved by EPA. Any future revisions (including appendices or supplement) will be incorporated into the Division's protocol for reviewing modeling for PSD permits. [51 FR 31126, Sept. 2, 1986, and 52 FR 4622, Feb. 13, 1987, as amended at 52 FR 22638, June 15, 1987; 54 FR 27881, July 3, 1989; 57 FR 27000, June 17, 1992; 59 FR 42506, Aug. 18, 1994; 62 FR 2914, Jan. 21, 1997; 62 FR 13336, Mar. 20, 1997; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003] § 52.344 Visibility protection. top (a) A revision to the SIP was submitted by the Governor on December 21, 1987, for visibility general plan requirements, monitoring, and long-term strategies. (b) The Visibility NSR regulations are approved for industrial source categories regulated by the NSR and PSD regulations which have previously been approved by EPA. However, Colorado's NSR and PSD regulations have been disapproved for certain sources as listed in 40 CFR 52.343(a)(1). The provisions of 40 CFR 52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of Colorado for these sources. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 53 FR 30431, Aug. 12, 1988; 53 FR 48539, Dec. 1, 1988; 59 FR 51379, Oct. 11, 1994] § 52.345 Stack height regulations. top The State of Colorado has committed to revise its stack height regulations should EPA complete rulemaking to respond to the decision in NRDC v. Thomas, 838 F. 2d 1224 (DC Cir. 1988). In a letter to Mr. Douglas M. Skie, EPA, dated May 9, 1988, Bradley J. Beckham, Director of the Colorado Air Pollution Control Division stated: * * * We are submitting this letter to allow EPA to continue to process our current SIP submittal with the understanding that if EPA's response to the NRDC remand modified the July 8, 1985, regulations, EPA will notify the state of the rules that must be changed to comply with the EPA's modified requirements. The State of Colorado agrees to make appropriate changes. [54 FR 24340, June 7, 1989] § 52.346 Air quality monitoring requirements. top In a letter and submittal dated July 7, 1993, from the Governor of Colorado to the EPA Region VIII Administrator, the State submitted a revised Air Quality Monitoring State Implementation Plan. The plan was adopted by the State on March 18, 1993, and completely replaces the previous version of the Air Quality Monitoring plan as identified at 40 CFR 52.320 (c)(17). The revisions updated the plan to bring it into conformance with the Federal requirements for air quality monitoring as found in 40 CFR part 58. The State commits to meet these Federal requirements. [58 FR 49435, Sept. 23, 1993] § 52.347 [Reserved] top § 52.348 Emission inventories. top (a) The Governor of the State of Colorado submitted the 1990 carbon monoxide base year emission inventories for the Colorado Springs, Denver/Longmont, and Fort Collins nonattainment areas on December 31, 1992, as a revision to the State Implementation Plan (SIP). The Governor submitted revisions to the Colorado Springs and Fort Collins inventories by a letter dated March 23, 1995. The Governor submitted revisions to the Denver/Longmont inventory by letters dated July 11, 1994, and October 21, 1994. The inventories address emissions from point, area, on-road mobile, and non-road sources. These 1990 base year carbon monoxide inventories satisfy the requirements of section 187(a)(1) of the Clean Air Act for each of these nonattainment areas. (b) On September 16, 1997, the Governor of Colorado submitted the 1993 Carbon Monoxide Periodic Emission Inventories for Colorado Springs, Denver, Fort Collins, and Longmont as revisions to the Colorado State Implementation Plan. These inventories address carbon monoxide emissions from stationary point, area, non-road mobile, and on-road mobile sources. (c) On September 16, 1997, the Governor of Colorado submitted the 1990 Carbon Monoxide Base Year Emission Inventory for Greeley as a revision to the Colorado State Implementation Plan. This inventory addresses carbon monoxide emissions from stationary point, area, non-road, and on-road mobile sources. (d) On May 10, 2000, the Governor of Colorado submitted the 1996 Carbon Monoxide Periodic Emission Inventories for Denver and Fort Collins, as a revision to the Colorado State Implementation Plan. The inventories address carbon monoxide emissions from stationary point, area, non-road mobile, and on-road mobile sources. [61 FR 67469, Dec. 23, 1996, as amended at 63 FR 38089, July 15, 1998; 64 FR 11782, Mar. 10, 1999; 65 FR 63548, Oct. 24, 2000] § 52.349 Control strategy: Carbon monoxide. top (a) Revisions to the Colorado State Implementation Plan, Carbon Monoxide Redesignation Request and Maintenance Plan for Greeley, as adopted by the Colorado Air Quality Control Commission on September 19, 1996, State effective November 30, 1996, and submitted by the Governor on September 16, 1997. (b) On June 25, 1996, the Governor of Colorado submitted a revision to the Colorado Springs element of the carbon monoxide (CO) portion of the Colorado State Implementation Plan (SIP). The revision to the Colorado Springs element was submitted to satisfy certain requirements of part D and section 110 of the Clean Air Act (CAA) as amended 1990. The revision substitutes Colorado's oxygenated gasoline program for the Colorado Springs bus purchase program as a source of emissions reductions credits in the Colorado Springs CO element of the SIP. This revision removes the bus purchase program from the EPA-approved SIP. EPA originally approved the bus purchase program as part of the Colorado Springs CO element of the SIP on December 12, 1983 (48 FR 55284). (c) Revisions to the Colorado State Implementation Plan, Carbon Monoxide Redesignation Request and Maintenance Plan for Colorado Springs, as adopted by the Colorado Air Quality Control Commission on January 15, 1998, State effective March 30, 1998, and submitted by the Governor on August 19, 1998. The Maintenance Plan removes the Clean Air Campaign from the SIP. The Clean Air Campaign was approved into the SIP at 40 CFR 52.320(c)(43)(i)(A). (d) Revisions to the Colorado State Implementation Plan, Carbon Monoxide Redesignation Request and Maintenance Plan for Longmont, as adopted by the Colorado Air Quality Control Commission on December 18, 1997, State effective March 2, 1998, and submitted by the Governor on August 19, 1998. (e) Revisions to the Colorado State Implementation Plan, Carbon Monoxide Revised Maintenance Plan for Colorado Springs, as adopted by the Colorado Air Quality Control Commission on February 17, 2000, State effective April 30, 2000, and submitted by the Governor on May 10, 2000. (f) Determination. EPA has determined that the Denver carbon monoxide “serious” nonattainment area attained the carbon monoxide national ambient air quality standard by December 31, 2000. This determination is based on air quality monitoring data from 1998, 1999, and 2000. (g) Revisions to the Colorado State Implementation Plan, carbon monoxide NAAQS Redesignation Request and Maintenance Plan for Denver entitled “Carbon Monoxide Redesignation Request and Maintenance Plan for the Denver Metropolitan Area, “excluding Chapter 1, Chapter 2, and Appendix C, as adopted by the Colorado Air Quality Control Commission on January 10, 2000, State effective March 1, 2000, and submitted by the Governor on May 10, 2000. (h) Revisions to the Colorado State Implementation Plan, carbon monoxide NAAQS Redesignation Request and Maintenance Plan for Fort Collins entitled “Carbon Monoxide Redesignation Request and Maintenance Plan for the Fort Collins Area,” excluding Part I—Chapter 1 and Part I—Chapter 2, as adopted by the Colorado Air Quality Control Commission on July 18, 2002, State effective September 30, 2002, and submitted by the Governor on August 9, 2002. (i) Revisions to the Colorado State Implementation Plan, revised Carbon Monoxide Maintenance Plan for Denver, as adopted by the Colorado Air Quality Control Commission on June 19, 2003, State effective on August 30, 2003, and submitted by the Governor on October 15, 2003. (j) Revisions to the Colorado State Implementation Plan, carbon monoxide NAAQS, revised maintenance plan for Colorado Springs entitled “Revised Carbon Monoxide Maintenance Plan for the Colorado Springs Attainment/Maintenance Area”, as adopted by the Colorado Air Quality Control Commission on December 18, 2003, State effective March 1, 2004, and submitted by the Governor on April 12, 2004. (k) Revisions to the Colorado State Implementation Plan, carbon monoxide NAAQS, revised maintenance plan for Longmont entitled “Revised Carbon Monoxide Maintenance Plan for the Longmont Attainment/Maintenance Area”, as adopted by the Colorado Air Quality Control Commission on December 18, 2003, State effective March 1, 2004, and submitted by the Governor on April 12, 2004. (l) Revisions to the Colorado State Implementation Plan entitled “Revised Carbon Monoxide Maintenance Plan for the Greeley Attainment/Maintenance Area,” as adopted by the Colorado Air Quality Control Commission on December 19, 2002, and submitted by the Governor on June 20, 2003. [64 FR 11782, Mar. 10, 1999, as amended at 64 FR 17105, Apr. 8, 1999; 64 FR 46288, Aug. 25, 1999; 64 FR 51701, Sept. 24, 1999; 65 FR 80783, Dec. 22, 2000; 66 FR 34116, June 27, 2001; 66 FR 64757, Dec. 14, 2001; 68 FR 35791, June 17, 2003; 68 FR 43325, July 22, 2003; 69 FR 54025, Sept. 7, 2004; 69 FR 55759, Sept. 16, 2004; 69 FR 58269, Sept. 30, 2004; 70 FR 48652, Aug. 19, 2005] § 52.350 Control strategy: Ozone. top (a) Revisions to the Colorado State Implementation Plan, 1-hour ozone NAAQS Redesignation Request and Maintenance Plan for Denver entitled “Ozone Redesignation Request and Maintenance Plan for the Denver Metropolitan Area,'excluding Chapter 1 and Appendix B, as adopted by the Colorado Air Quality Control Commission on January 11, 2001, State effective March 4, 2001, and submitted by the Governor on May 7, 2001. (b) Revisions to the Colorado State Implementation Plan, 8-hour ozone NAAQS Early Action Compact plan for the metropolitan Denver area entitled “Early Action Compact Ozone Action Plan,” excluding sections entitled “Introduction” and “Ozone Monitoring Information,” as adopted by the Colorado Air Quality Control Commission on March 12, 2004, and submitted by the Governor to us on July 21, 2004. [66 FR 47092, Sept. 11, 2001, as amended at 70 FR 48654, Aug. 19, 2005] § 52.351 United States Postal Service substitute Clean Fuel Fleet Program. top Revisions to the Colorado State Implementation Plan, carbon monoxide NAAQS, United States Postal Service substitute clean-fuel vehicle program, as allowed under section 182(c)(4)(B) of the Clean Air Act, to address the requirements of section 246 of the Clean Air Act for the Denver Metropolitan carbon monoxide nonattainment area. The revisions were adopted by the Colorado Air Quality Control Commission on March 16, 2000, State effective May 30, 2000, and submitted by the Governor on May 7, 2001. Administrative corrections to the Governor's May 7, 2001, submittal were submitted by the Colorado Attorney General's office on May 30, 2001. [66 FR 64758, Dec. 14, 2001] Subpart H—Connecticut top § 52.369 [Reserved] top § 52.370 Identification of plan. top (a) Title of plan: “State of Connecticut Air Implementation Plan.” (b) The plan was officially submitted on March 3, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Miscellaneous non-regulatory addition to the plan and addition of amendment to Chapter 360 of General Statutes which provides authority for delegation of enforcement authority submitted on March 21, 1972, by the Connecticut Department of Environmental Protection. (2) Miscellaneous non-regulatory additions to the plan submitted on April 6, 1972, by the Connecticut Department of Environmental Protection. (3) Attainment dates submitted on August 10, 1972, by the Connecticut Department of Environmental Protection. (4) Regulation 19–508–100 requiring a review of indirect sources submitted on January 9, 1974, by the Connecticut Department of Environmental Protection. (5) AQMA identification material submitted on April 15, 1974, by the Connecticut Department of Environmental Protection. (6) Indirect Source Review Regulation 19–508–100 resubmitted on August 26, 1974, by the Connecticut Department of Environmental Protection. (7) [Reserved] (8) Revision to Chapter 8, Air Quality Surveillance, submitted on June 30, 1977, by the Governor. (9) Revision to Indirect Source Review Regulation 19–508–100 submitted on June 13, 1977, by the Connecticut Department of Environmental Protection. (10) A revision to Regulation 19–508–19(a)(2)(i) submitted by the Commissioner of the Connecticut Department of Environmental Protection on April 16, 1979, granting a variance until April 1, 1981, to Northeast Utilities. (11) State Implementation Plan revisions to meet the requirements of part D of the Clean Air Act, as amended in 1977, were submitted on June 22, 1979, and received on June 27, 1979; submitted on December 18, 1979 and received on December 28, 1979; submitted on January 28, 1980, and received on February 1, 1980; submitted and received on May 1, 1980; submitted and received on June 5, 1980; submitted on September 2, 1980, and received on September 8, 1980; and submitted and received on November 12, 1980. Included are plans to attain: The primary TSP standard in Greenwich and Waterbury and the carbon monoxide and ozone standards statewide. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions are also included. (12) A revision to Regulation 19–508–19(a)(2)(i), submitted by the Commissioner of the Connecticut Department of Environmental Protection on September 8, 1980, granting a variance until March 27, 1983, to the Federal Paperboard Company, Inc. (13) A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted by the Connecticut Department of Environmental Protection Commission on June 9, 1980, and November 17, 1980. (14) Non-regulatory additions to the plan which were submitted on December 19, 1980, and amended on March 11, 1981, by the Connecticut Department of Environmental Protection amending the sulfur control strategy to include an “Air Pollution Control/Energy Trade Option” except for submittal attachments #1 and #2, “Sulfur Dioxide” and “Transport of Sulfur Dioxide” and the section of attachment #3 “Control of Sulfur Oxides” entitled “Sample Analysis of a Btu Bubble Application”. (15) Non-regulatory addition to the plan of the state New Source Ambient Impact Analysis Guideline, for use in State program actions, submitted on December 19, 1980, and amended on March 11, 1981, and July 15, 1981. (16) Revisions to regulation 19–508–4 (source monitoring requirements) and regulation 19–508–5 (stack emissions testing) submitted on November 7, 1977, by the Commissioner of the Connecticut Department of Environmental Protection. (17) A revision to Regulation 19–508–19(a)(2)(i), submitted by the Commissioner of the Connecticut Department of Environmental Protection on June 23, 1981, granting a temporary variance to Uniroyal Chemical, Division of Uniroyal, Inc. (18) Revisions to Regulation 19–508–19 (Control of Sulfur Compound Emissions), Regulation 19–508–24 (Connecticut Primary and Secondary Standards), and accompanying narrative submitted by the Commissioner of the Connecticut Department of Environmental Protection on October 23, 1981, and November 4, 1981. (19) Revisions submitted by the Commissioner of the Connecticut Department of Environmental Protection on November 16, 1981. These provisions supersede portions of the revisions identified under paragraph (c)(18). (20) Revisions to meet the requirements of part D and certain other sections of the Clean Air Act, as amended, were submitted on December 15, 1980, May 29, 1981, and May 5, 1982. Included are changes to the State Ozone Control Plan involving adoption of Regulation 19–508–20(k) controlling the use of cutback asphalt, the approval of the RFP demonstration for ozone attainment, a refined inventory of miscellaneous stationary sources of Volatile Organic Compounds, changes to Regulation 19–508–3(1) dealing with review of new and modified stationary sources, and an amendment to the State's Smoke and Opacity monitoring requirements. (21) [Reserved] (22) Revisions to the narrative and State Regulation 19–508–18, subparts (d), f(1), f(2), and part of f(3), governing total suspended particulate emissions, submitted by the Commissioner of the Connecticut Department of Environmental Protection on April 8, 1982. (23) Regulation 19–508–20(cc), Alternative Emission Reductions as it applies to Regulation 19–508–20: (m), can coating; (n), coil coating; (o), fabric and vinyl coating; (p), metal furniture coating; (q), paper coating; (r), wire coating; (s), miscellaneous metal parts; (t), manufacture of synthesized pharmaceutical products and (v), graphic arts—rotogravure and flexography, was submitted on December 15, 1980, and January 11, 1982, by the Commissioner of the Department of Environmental Protection. (24) Revision for Sikorsky Aircraft Division of United Technologies received from the Commissioner of the Connecticut Department of Environmental Protection on June 2 and July 16, 1982. This provision supersedes a portion of the revisions identified under (c)(18). (25) Revisions to meet ozone attainment requirements of Part D (Group II CTG regulations), the adoption of a lead standard and the revision of the ozone standard, submitted on December 15, 1980, are approved as follows: Regulations 19–508–20 (s), (t), (v), (w), (aa), (bb), and (dd), Regulation 19–508–8 and Regulation 19–508–24(i)(l). (26) Revision for Dow Chemical U.S.A. in Gale's Ferry submitted by the Commissioner of the Connecticut Department of Environmental Protection on December 20, 1982, including state order 7002B signed on May 27, 1982. This provision supersedes a portion of the revisions identified under paragraph (c)(18). (27) Revision for Lydall and Foulds Division of Lydall, Inc., submitted by the Commissioner of the Connecticut Department of Environmental Protection on December 17, 1982, and January 5, 1983, allowing the facility to burn higher sulfur oil under the State Energy Trade Program. (28) Revision for Simkins Industries, Inc., in New Haven submitted by the Commissioner of the Connecticut Department of Environmental Protection on January 19, 1983, allowing the facility to burn higher sulfur oil under the Sulfur Energy Trade Program. (29) Attainment plan revisions to meet the requirements of Part D for ozone were submitted by the Department of Environmental Protection on December 10, 1982, and May 19, 1983. These revisions control volatile organic compound (VOC) emissions from solvent metal cleaners through emission limitations contained in Regulation 19–508–20(1) and supporting narrative committing the DEP to implement an educational program for automobile repair facilities. Approval of these revisions allowed EPA to rescind the moratorium on construction and modification of major sources of VOCs which had been in effect since October 1982. (30) Revision for Loomis Institute in Windsor, submitted by the Commissioner of the Connecticut Department of Environmental Protection on March 30 and July 13, 1983, allowing the facility to burn 2.0 percent sulfur oil under the Sulfur Energy Trade Program. (31) Revisions demonstrating the attainment and maintenance of the lead standard were submitted on October 18, 1983. (32) Attainment plan revisions to meet the requirements of part D for ozone and carbon monoxide were submitted by the Department of Environmental Protection on December 10, 1982, January 7, 1983, January 21, 1983, May 19, 1983, June 15, 1983, September 19, 1983, and December 15, 1983. The revisions control volatile organic compound (VOC) and carbon monoxide emissions through a mix of stationary and mobile source controls. EPA approval includes the following regulatory provisions: (i) Regulation 22a–174–20(ee) limiting emissions from major nonCTG source categories, and (ii) Regulations 22a–174–27 and 14–164c describing the requirements for Connecticut's motor vehicle Inspection and Maintenance Program. (33) Revision to Regulation 19–508–20(cc), “Alternative Emission Reductions” [made part of the SIP under paragraph (c)(23) of this section] to add Regulation 19–508–20(ee) to the list of VOC regulations that may be met by bubbling under Connecticut's generic rule after source-specific RACT determinations have been made part of the SIP. Revisions requiring sources subject to Regulation 19–508–20(ee) to comply with 19–508–20 (aa), (bb), and (dd). These revisions were submitted by the Connecticut Department of Environmental Protection on September 20, 1983. (34) Revisions to the Ozone Attainment Plan were submitted by the Commissioner of the Connecticut Department of Environmental Protection on April 22, 1985. (i) Incorporation by reference. (A) Amendments to Regulation 22a–174–1, Definitions; Regulation 22a–174–20(a), Storage of Volatile Organic Compounds; Regulation 22a–174–20(b), Loading of Gasoline and Other Volatile Organic Compounds; and Regulation 22a–174–20(k), Restrictions on Cutback Asphalt, effective December 17, 1984. (ii) Additional material. (A) Source Test Guidelines and Procedures. (B) Workshop Manual for Gasoline Tank Truck Certification. (C) Appendix B of Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems (EPA–450/2–78–051). (35) Revisions to the State Implementation Plan were submitted December 15, 1980, and May 16, 1985, by the Commissioner of the Department of Environmental Protection. (i) Incorporation by reference. (A) Amendments to Department of Environmental Protection Regulation 19–508–24(a)(4), “Acceptable Method” adopted by the State on October 8, 1980. (ii) Additional material. (A) A letter dated May 16, 1985, certifying that an “Acceptable Method” shall be interpreted to mean that any monitoring method used to collect ambient air pollution data used for attainment status evaluation or designation must be approved by EPA. (36) Revision to the State Implementation Plan submitted on April 18, 1986, by the Commissioner of the Department of Environmental Protection. (i) Incorporated by reference. (A) State Order No. 943 for Connecticut Charcoal Co., effective April 18, 1986, establishing and requiring reasonably available control technology for the control of volatile organic compounds from this facility. (37) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on April 18, 1986, and February 3, 1987. (i) Incorporation by reference. (A) State Order No. 944 for King Industries, Inc. dated April 18, 1986, which establishes and requires reasonably available control technology for the control of volatile organic compounds from this facility. (B) A letter from the Connecticut Department of Environmental Protection dated February 3, 1987, which states that the effective date of State Order No. 944 is May 28, 1986. (38) Revisions to the State Implementation Plan were submitted by the Connecticut Department of Environmental Protection (DEP) on April 14, 1987. (i) Incorporation by reference. (A) Letter dated April 14, 1987, from the Connecticut Department of Environmental Protection submitting revisions to the State Implementation Plan for EPA approval. (B) Letter dated April 1, 1987, from the Secretary of State of Connecticut to EPA. (C) Section 22a–174–20(x) of Connecticut's Regulations for the Abatement of Air Pollution titled, “Control of Volatile Organic Compound Leaks from Synthetic Organic Chemical & Polymer Manufacturing Equipment,” effective April 1, 1987. (D) Section 22a–174–20(y) of Connecticut's Regulations for the Abatement of Air Pollution titled, “Manufacture of Polystyrene Resins,” effective April 1, 1987. (E) Amendments to subsection 22a–174–20(bb) of Connecticut's Regulations for the Abatement of Air Pollution titled, “Compliance Methods,” effective April 1, 1987. (ii) Additional material. (A) Letter from the Connecticut DEP dated July 3, 1986, committing the Connecticut DEP to use only EPA approved test methods when requiring the testing of sources emitting volatile organic compound emissions. (B) Letter from the Connecticut DEP dated May 29, 1987, certifying that there are no polypropylene or high-density polyethylene manufacturers in the State of Connecticut. (39) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on August 24, 1987. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated August 24, 1987, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8007 for Belding Corticelli Thread Company dated July 13, 1987. (40) [Reserved] (41) Revision to the Connecticut State Implementation Plan submitted by the Commissioner of the Department of Environmental Protection on February 3, 1987. (i) Incorporation by reference. (A) A letter from the Connecticut Department of Environmental Protection dated February 3, 1987, which states that the effective date of State Order No. 943, approved previously, for Connecticut Charcoal Co. is May 28, 1986. (42) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on October 27, 1987. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated October 27, 1987, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8013 and attached Compliance Timetable for Raymark Industries, Incorporated in Stratford, Connecticut effective on September 24, 1987. (ii) Additional material. (A) Technical Support Document prepared by the Connecticut Department of Environmental Protection providing a complete description of the reasonably available control technology determination imposed on the facility. (43) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on February 5, 1988. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated February 5, 1988, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8012 and attached Compliance Timetable, Appendix A (allowable limits on small, uncontrolled vents), and Appendix B (fugitive leak detection program) for American Cyanamid Company in Wallingford, Connecticut. State Order No. 8012 was effective on January 6, 1988. (ii) Additional material.(A) Technical Support Document prepared by the Connecticut Department of Environmental Protection providing a complete description of the reasonably available control technology determination imposed on the facility. (44) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on August 31, 1987. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated August 31, 1987, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8008 and attached Compliance Timetable and Appendix A (allowable limits by product classification) for Spongex International, Ltd. in Shelton, Connecticut. State Order No. 8008 was effective on August 21, 1987. (ii) Additional materials. (A) Technical Support Document prepared by the Connecticut Department of Environmental Protection providing a complete description of the reasonably available control technology determination imposed on the facility. (45) [Reserved] (46) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on July 26, 1988. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated July 26, 1988, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8023 and attached Compliance Timetable for New Departure Hyatt, Division of General Motors Corporation in Bristol, Connecticut. State Order No. 8023 was effective on July 8, 1988. (ii) Additional material. (A) Technical Support Document prepared by the Connecticut Department of Environmental Protection providing a complete description of the reasonably available control technology determination imposed on the facility. (47) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on November 5, 1987. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated November 5, 1987, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8001 and attached Compliance Timetable for Frismar, Incorporated in Clinton, Connecticut. State Order No. 8001 was effective on October 20, 1987. (ii) Additional material.(A) Technical Support Document prepared by the Connecticut Department of Environmental Protection providing a complete description of the alternative reasonably available control technology determination imposed on the facility. (48) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on December 5, 1988. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated December 5, 1988, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8011 and attached Compliance Timetable and Appendix A (allowable limits by product classification) for Dow Chemical, U.S.A. in Gales Ferry, Connecticut. State Order No. 8011 was effective on October 27, 1988. (ii) Additional material.(A) Technical Support Document prepared by the Connecticut Department of Environmental Protection providing a complete description of the reasonable available control technology determination imposed on the facility. (49) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 11, 1989. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated January 11, 1989, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8010 and attached Compliance Timetable for Stanadyne, Incorporated in Windsor, Connecticut. State Order No. 8018 was effective on January 3, 1989. (ii) Additional material. (A) Technical Support Document prepared by the Connecticut Department of Environmental Protection providing a complete description of the reasonably available control technology determination imposed on the facility. (50) Revisions to federally approved section 22a-174-20(a) of the Regulations of Connecticut State Agencies, submitted on January 27, 1989, by the Department of Environmental Protection, limiting the volatility of gasoline from May 1 through September 15, beginning 1989 and continuing every year thereafter, including any waivers to such limitations that Connecticut may grant. In 1989, the control period will begin on June 30. (51) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection (DEP) on April 7, 1989. (i) Incorporation by reference. (A) Letter from the Connecticut DEP dated April 7, 1989, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8014 and attached Compliance Timetable for Pratt & Whitney Division of United Technologies Corporation in East Hartford, Connecticut. State Order No. 8014 was effective on March 22, 1989. (C) State Order No. 8027 and attached Compliance Timetable for Pratt & Whitney Division of United Technologies Corporation in North Haven, Connecticut. State Order No. 8027 was effective on March 31, 1989. (ii) Additional material. (A) Technical Support Document prepared by the Connecticut DEP providing a complete description of the reasonably available control technology determination imposed on Pratt and Whitney's East Hartford facility. (B) Technical Support Document prepared by the Connecticut DEP providing a complete description of the reasonably available control technology determination imposed on Pratt and Whitney's North Haven facility. (52) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on February 7 and August 30, 1989. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated February 7, 1989, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8021 and attached Compliance Timetable, and Appendix A (allowable limits on small, uncontrolled vents and allowable outlet gas temperatures for surface condensers) for Pfizer, Incorporated in Groton, Connecticut. State Order No. 8021, Compliance Timetable and Appendix A were effective on December 2, 1988. (C) Letter from the Connecticut Department of Environmental Protection dated August 30, 1989, and reorganized Appendix C (fugitive leak detection program) and Appendix D (operation and maintenance program for pollution abatement equipment) to State Order No. 8021. Appendices C and D were effective on December 2, 1988. (ii) Additional material. (A) Technical Support Document prepared by the Connecticut Department of Environmental Protection providing a complete description of the reasonably available control technology determination imposed on the facility. (53) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on September 8, 1989. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated September 8, 1989, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8009 and attached Compliance Timetable, Appendix A, Appendix B, and Appendix C for Uniroyal Chemical Company, Inc. in Naugatuck, Connecticut. State Order No. 8009 was effective on September 5, 1989. (ii) Additional material.(A) Technical Support Document prepared by the Connecticut Department of Environmental Protection providing a complete description of the reasonably available control technology determination imposed on the facility. (54) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on December 22, 1989. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated December 22, 1989, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8029, attached Compliance Timetable, and Tables A through I for Hamilton Standard Division of United Technologies Corporation in Windsor Locks, Connecticut. State Order No. 8029 was effective on November 29, 1989. (ii) Additional material. (A) Technical Support Document prepared by the Connecticut DEP providing a complete description of the reasonably available control technology determination imposed on Hamilton Standard. (55) Revision to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 10, 1990. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated January 10, 1990, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8032 and attached Compliance Timetable for the Heminway & Bartlett Manufacturing Company in Watertown, Connecticut. State Order No. 8032 was effective on November 29, 1989. (ii) Additional material. (A) Technical Support Document prepared by the Connecticut DEP providing a complete description of the reasonably available control technology determination imposed on The Heminway & Bartlett Manufacturing Company. (56) Revisions of the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 19, 1989, July 28, 1989, and January 26, 1990 (with attached letter of November 28, 1989). (i) Incorporation by reference. (A) Letters from the Connecticut Department of Environmental Protection dated January 19, 1989, July 28, 1989, and January 26, 1990, (with attached letter of November 28, 1989) submitting revisions to the Connecticut State Implementation Plan. (B) Section 22a–174–1 of the Regulations of the Connecticut State Agencies Concerning Abatement of Air Pollution entitled “Definitions,” effective in the State of Connecticut on October 3, 1989. (C) Subsection 22a–174–3(k) of the Regulations of the Connecticut State Agencies Concerning Abatement of Air Pollution entitled “Requirements for the Prevention of Significant Deterioration (PSD) Program,” effective in the State of Connecticut on October 3, 1989. (D) Section 22a–174–2, subsections 22a–174–3(a) through (j) and (l), subsection 22a–174–8(c), subsection 22a–174–20(ee), and subsection 22a–174–4(d) of the Regulations of the Connecticut State Agencies Concerning Abatement of Air Pollution entitled “Permits to Construct and Permits to Operate Stationary Sources or Modifications,” effective in the State of Connecticut on February 1, 1989. (E) Connecticut's Ambient Impact Analysis Guideline dated July 1989 as revised by letter on January 26, 1990. (ii) Additional materials. (A) State Implementation Plan narrative entitled “New Source Review.” (B) Letter from the Connecticut Department of Environmental Protection regarding implementation of BACT. (C) Nonregulatory portions of the State Submittal. (57) [Reserved] (58) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on November 9, 1989, and September 12, 1991. (i) Incorporation by reference. (A) Letters from the Connecticut Department of Environmental Protection dated November 9, 1989, and September 12, 1991, submitting revisions to the Connecticut State Implementation Plan. (B) Section 22a–174–20 of the Regulations of the Connecticut Department of Environmental Protection Concerning Abatement of Air Pollution, effective October 31, 1989, except for the last sentence of 22a–174–20(aa)(7). (59) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on March 24 and April 23, 1992. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated April 14, 1992, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 1073B and attached compliance timetable for the Stone Connecticut Paperboard Corporation of Uncasville, CT. State Order No. 1073B was effective on February 14, 1992. (C) Letter from the Connecticut Department of Environmental Protection dated March 24, 1992, submitting a revision to the Connecticut State Implementation Plan. (D) State Order No. 7016A and attached compliance timetable for the Hartford Hospital of Hartford, CT. State Order No. 7016A was effective on February 5, 1992. (ii) Additional materials. (A) Memorandum dated August 17, 1989, approving the modeling analysis for the Stone Container Co. (B) Modeling Study dated August 9, 1989, for the Stone Container Co. (C) State Order No 1073A, dated June 12, 1990, and effective July 9, 1990. (D) Memorandum dated January 3, 1990, approving the modeling analysis for the Hartford Hospital. (E) Modeling study dated December 28, 1989, for the Hartford Hospital. (60) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on February 16, 1996. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated February 16, 1996, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8010 dated October 25, 1989 for Sikorsky Aircraft Corporation, effective on January 29, 1990, as well as Addendum A and Addendum B to Order No. 8010, effective on February 7, 1996 and September 29, 1995, respectively. The State order and two addenda define and impose RACT on certain VOC emissions at Sikorsky Aircraft Corporation in Stratford, Connecticut (61) Revisions to the State Implemetation Plan submitted by the Connecticut Department of Environmental Protection on February 28, 1991. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated February 28, 1991, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 7017 and attached compliance timetable for the Connecticut Light and Power Company of Montville, Connecticut. State Order No. 7017 was effective on February 25, 1991. (ii) Additional materials. (A) Memorandum dated September 14, 1990, approving the modeling analysis for Connecticut Light and Power. (B) Letter dated April 23, 1991, confirming that the revised configuration approved by State Order No. 7017 will not lead to violations. (C) Modeling Study dated January 26, 1990, for Connecticut Light and Power. (62) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 12, 1993. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection, dated January 12, 1993, submitting a revision to the Connecticut State Implementation Plan. (B) Section 22a–174–30 of the Connecticut Regulations for the Abatement of Air Pollution, entitled “Dispensing of Gasoline/Stage II Vapor Recovery,” dated November 1992. (C) Letter from the Connecticut Secretary of State's office indicating that the regulation entitled “Dispensing of Gasoline/Stage II Vapor Recovery” became effective on November 24, 1992. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (B) Connecticut Department of Environmental Protection document entitled “Narrative of SIP Revision: Stage II Vapor Recovery,” dated January 1993. (63) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on March 11, 1993. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated March 11, 1993, submitting a revision to the Connecticut State Implementation Plan. (B) Connecticut State Order No 7019 dated March 11, 1993, and effective in the State of Connecticut on February 19, 1993. (ii) Additional materials. (A) Air Quality Modeling Analysis to Demonstrate SO2 CAAQS/NAAQS Compliance at the Hamilton Standard Division of United Technologies Corporation Windsor Locks CT; June 1991. (64) [Reserved] (65) Revisions to the State Implementation Plan establishing a Small Business Stationary Source Technical and Environmental Compliance Assistance Program were submitted by the Connecticut Department of Environmental Protection on January 12 and August 9, 1993. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated January 12, 1993, submitting a revision to the Connecticut State Implementation Plan. (B) Revisions to the State Implementation Plan for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program dated January 1993 and effective on January 12, 1993. (C) Letter from the Connecticut Department of Environmental Protection dated August 9, 1993, clarifying and updating the January 12, 1993, submittal. (ii) Additional materials. (A) Letter from the Connecticut Department of Environmental Protection dated April 6, 1994, clarifying the January 12, 1993, submittal. (B) Other non-regulatory portions of the State's submittal. (66) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 12, 1993. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated January 12, 1993 submitting a revision to the Connecticut State Implementation Plan. (B) Section 22a–174–4(c)(1) of Connecticut Regulations for the Abatement of Air Pollution, under the section entitled “Recordkeeping and Reporting.” Section 22a–174–4(c)(1) was previously numbered as 19–508–4(c)(1) in Connecticut's SIP. 19–508–4(c)(1) in Connecticut's SIP. 19–508–4 became effective in the State of Connecticut on October 31, 1977. Connecticut developed an emission statement program using the existing regulatory authority given by section 22a–174–4(c)(1) under the section entitled “Reporting and Recordkeeping”. (ii) Additional information. (A) State implementation Plan narrative entitled “Revision to State Implementation Plan for Air Quality Emission Statements” which addresses emission statement requirements not discussed specifically in Section 22a–174–4(c)(1). (B) Nonregulatory portions of the submittal. (67) [Reserved] (68) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on March 24, 1994, May 20, 1994, and March 4, 1994. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated March 24, 1994 submitting a revision to the Connecticut State Implementation Plan. (B) Letter from the Connecticut Department of Environmental Protection dated May 20, 1994 submitting a supplemental revision to the Connecticut State Implementation Plan. (C) State Order No. 8073: State of Connecticut vs. City of New Haven (effective September 24, 1993) and attached plan titled “Remedial Action Plan for Prevention of Airborne Particulate Matter and Fugitive Discharge of Visible Emissions in the Alabama Street/East Shore Parkway Area of New Haven.” (D) State Order No. 8074: State of Connecticut vs. Waterfront Enterprises, Inc. (effective November 5, 1993) and attached plan titled “Proposed Operation Plan in Response to Unilateral Order (September 20, 1993).” (E) State Order No. 8075: State of Connecticut vs. Laydon Construction, (effective September 21, 1993) and attached plan titled “Plan for Control of Fugitive Emissions of PM10 (September 21, 1993).” (F) State Order No. 8076: State of Connecticut vs. United Illuminating Company (effective December 2, 1993) and attached plan titled “Remediation Plan for Fugitive Emissions: Alabama Street and Connecticut Avenue, New Haven, Connecticut (November 19, 1993).” (G) State Order No. 8076c: State of Connecticut vs. M. J. Metals, Inc. (effective June 18, 1993). (H) State Order No. 8078: State of Connecticut vs. New Haven Terminal, Inc. (effective November 15, 1993) and attached plan titled “Fugitive Dust Control Plan (Revised January 19, 1994).” (I) State Order No. 8079: State of Connecticut vs. Yankee Gas Services Company (effective September 24, 1993) and attached plan titled “Revised Compliance Plan for Consent Order No. 8079 (August 31, 1993).” (J) Letter from the Connecticut Department of Environmental Protection dated March 4, 1994 (received March 16, 1995) submitting two amendments to the Regulations of Connecticut State Agencies concerning abatement of air pollution: amended Sections 22a–174–24(f) and –24(g) “Connecticut primary and secondary ambient air quality standards for particulate matter” and amended Sections 22a–174–6(a) and –6(b) “‘Air Pollution’ emergency episode procedures” (both effective July 7, 1993). (K) Amended Regulations of Connecticut State Agencies: amended Sections 22a–174–24(f) and –24(g) “Connecticut primary and secondary ambient air quality standards for particulate matter” and amended Sections 22a–174–6(a) and –6(b) “‘Air Pollution^rsquo; emergency episode procedures” (both effective July 7, 1993). (ii) Additional materials. (A) An attainment plan and demonstration which outlines Connecticut's control strategy and for attainment and maintenance of the PM10 NAAQS, implements and meets RACM and RACT requirements, and provides contingency measures for New Haven. (B) Nonregulatory portions of the submittal. (69) Connecticut submitted the Oxygenated Gasoline Program and revisions on January 11, 1993, January 12, 1993, January 14, 1993, and August 1, 1995. This submittal satisfied the requirements of section 211(m) of the Clean Air Act, as amended. (i) Incorporation by reference. (A) Letters dated January 11, 1993 and January 12, 1993 which included the oxygenated gasoline program, Regulations of Connecticut State Agencies (RCSA) Section 22a–174–28, with an effective date of November 2, 1992. (B) A letter dated January 14, 1993 requesting that the RCSA Section 22a–174–28, as submitted on January 11, 1993 and January 12, 1993, be adopted as part of Connecticut's SIP. (C) A letter dated August 1, 1995, requesting that a revision to RCSA Section 22a–174–28(a), with an effective date of July 26, 1995, be approved and adopted as part of Connecticut's SIP. (ii) Additional materials. (A) The Technical Support Document for the Redesignation of the Hartford Area as Attainment for Carbon Monoxide submitted on September 30, 1994. (B) Nonregulatory portions of submittals. (70) Revision to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 13, 1995. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated January 13, 1995 submitting a revision to the Connecticut State Implementation Plan. (B) Amended Regulation of Connecticut State Agencies: amended Subsection 22a–174–3(k) “Abatement of air pollution—New Source Review” (effective December 2, 1994). (ii) Additional materials. (A) Nonregulatory portions of the submittal. (71) Revisions to the Connecticut State Implementation Plan (SIP) for carbon monoxide concerning the control of carbon monoxide from mobile sources, dated January 12, 1993, January 14, 1993, April 7, 1994, and August 1, 1995 submitted by the Connecticut Department of Environmental Protection (CT DEP). (i) Incorporation by reference. (A) Letter dated August 1, 1995 which included the amendments and revisions to the Regulation of Connecticut State Agencies (RCSA), Section 22a-174–28(a) regarding the definition for the Southwestern Control Area and that portion of the definition of “control period” that applies to the Southwestern Control Area with an effective date of July 26, 1995. (ii) Additional materials. (A) January 12, 1993 and April 7, 1994, VMT forecasts beginning with the year 1993 and including all subsequent years up to the year of attainment (1995). (B) January 12, 1993 and April 7, 1994, Carbon Monoxide Attainment Demonstration and Contingency Measures. (72) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on: May 18, 1995; August 21, 1995; January 17, 1996; January 30, 1996; January 30, 1996; January 30, 1996; January 30, 1996; June 17, 1996; June 20, 1996; June 24, 1996; July 9, 1996; July 11, 1996; February 18, 1997; March 20, 1997; March 24, 1997; March 24, 1997; March 24, 1997; March 24, 1997; March 24, 1997; April 22, 1997; April 22, 1997; May 19, 1997; May 19, 1997; and May 20, 1997. (i) Incorporation by reference. (A) Twenty-four letters from the Connecticut Department of Environmental Protection dated: May 18, 1995; August 21, 1995; January 17, 1996; June 24, 1996; January 30, 1996; January 30, 1996; January 30, 1996; January 30, 1996; June 20, 1996; June 17, 1996; July 11, 1996; July 9, 1996; March 24, 1997; May 19, 1997; March 24, 1997; March 20, 1997; March 24, 1997; February 18, 1997; May 19, 1997; March 24, 1997; March 24, 1997; May 20, 1997; April 22, 1997; and April 22, 1997; submitting revisions to the Connecticut State Implementation Plan. (B) Connecticut Trading Agreement and Order no. 8092 issued to United Illuminating Company's Station #3 in Bridgeport, effective on May 18, 1995. (C) Connecticut Trading Agreement and No. 8095 issued to American Ref-Fuel Company of Southeastern Connecticut in Preston, effective on June 2, 1995. (D) Connecticut Trading Agreement and Order no. 8093 issued to Pfizer, Inc., in Groton, effective on July 19, 1995. (E) Connecticut Trading Agreement and Order no. 8096 issued to Food Ingredients Company in New Milford, effective on August 25, 1995. (F) Connecticut Trading Agreement and Order no. 8106 issued to Connecticut Light and Power Company in Middletown, effective on October 10, 1995. (G) Connecticut Trading Agreement and Order no. 8107 issued to Northeast Nuclear Energy Company in Waterford, effective on October 13, 1995. (H) Connecticut Trading Agreement and Order no. 8105 issued to Electric Boat Division of General Dynamics in Groton, effective on October 31, 1995. (I) Connecticut Trading Agreement and Order no. 8100 issued to Bridgeport RESCO Company in Bridgeport, effective on November 2, 1995. (J) Connecticut Trading Agreement and Order no. 8102 issued to United Illuminating's auxiliary boiler in New Haven, effective on December 15, 1995. (K) Connecticut Trading Agreement and Order no. 8103 issued to United Illuminating Company's Station #4 in New Haven, effective on February 14, 1996. (L) Connecticut Trading Agreement and Order no. 8119 issued to the City of Norwich, Department of Public Utilities, effective on March 4, 1996. (M) Connecticut Trading Agreement and Order no. 8118 issued to South Norwalk Electric Works, South Norwalk, effective on March 19, 1996. (N) Connecticut Trading Agreement and Order no. 8101 issued to the State of Connecticut Department of Mental Health and Addiction Services, effective on July 16, 1996. (O) Connecticut Trading Agreement and Order no. 8110 issued to Yale University, effective on July 29, 1996. (P) Connecticut Trading Agreement and Order no. 8132 issued to Bridgeport Hospital, effective on September 10, 1996. (Q) Connecticut Trading Agreement and Order no. 1494 issued to Connecticut Light and Power, involving Branford, Cos Cob, Devon, Franklin Drive, Montville, Middletown, South Meadow, Torrington, Tunnel Road, and Norwalk Harbor Stations, effective on October 15, 1996. (R) Connecticut Trading Agreement and Order no. 8130 issued to the State of Connecticut Department of Public Works, effective on October 18, 1996. (S) Connecticut Trading Agreement and Order no. 8115 issued to the University of Connecticut in Storrs, effective on November 19, 1996. (T) Connecticut Trading Agreement and Order no. 8113 issued to Simkins Industries, effective on November 19, 1996. (U) Connecticut Trading Agreement and Order no. 8135 issued to Bridgeport Hydraulic Company, effective on December 24, 1996. (V) Connecticut Trading Agreement and Order no. 8141 issued to the Town of Wallingford Department of Public Utilities, effective on December 27, 1996. (W) Regulations 22a–174–22 “Control of Nitrogen Oxides Emissions,” adopted on January 23, 1997, which establishes reasonably available control technology requirements for major stationary sources of nitrogen oxides. (X) Connecticut Trading Agreement and Order no. 8123 issued to the Algonquin Gas Transmission Company, effective on April 18, 1997. (Y) Connecticut Trading Agreement and Order no. 8116 issued to the Connecticut Resource Recovery Authority, effective on April 22, 1997. (ii) Additional materials. (A) Letter, dated June 18, 1996, from Carmine DiBattista, Chief of the Bureau of Air Management for the Connecticut DEP, to Susan Studlien, Deputy Director of the Office of Ecosystem Protection at U.S. EPA, Region I. (B) SIP narrative materials, dated May 1995, submitted with Connecticut Trading Agreement and Order no. 8092 for United Illuminating Company's Station #3 in New Haven. (C) SIP narrative materials, dated August 3, 1995, submitted with Connecticut Trading Agreement and Order no. 8095 for American Ref-Fuel Company of Southeastern Connecticut in Preston. (D) SIP narrative materials, dated December 1995, submitted with Connecticut Trading Agreement and Order no. 8093 issued to Pfizer, Inc., in Groton. (E) SIP narrative materials, dated November 1995, submitted with Connecticut Trading Agreement and Order no. 8096 issued to Food Ingredients Company in New Milford. (F) SIP narrative materials, dated November 1995, submitted with Connecticut Trading Agreement and Order no. 8106 issued to Connecticut Light and Power Company in Middletown. (G) SIP narrative materials, dated November 1995, submitted with Connecticut Trading Agreement and Order no. 8107 issued to Northeast Nuclear Energy Company in Waterford. (H) SIP narrative materials, dated October 6, 1995, submitted with Connecticut Trading Agreement and Order no. 8105 issued to Electric Boat Division of General Dynamics in Groton. (I) SIP narrative materials, dated September 29, 1995, submitted with Connecticut Trading Agreement and Order no. 8100 issued to Bridgeport RESCO Company in Bridgeport. (J) SIP narrative materials, dated December 1995, submitted with Connecticut Trading Agreement and Order no. 8102 issued to United Illuminating's auxiliary boiler in New Haven. (K) SIP narrative materials, dated March 1996, submitted with Connecticut Trading Agreement and Order no. 8103 issued to United Illuminating Company's Station #4 in Bridgeport. (L) SIP narrative materials, dated May 31, 1995, submitted with Connecticut Trading Agreement and Order no. 8119 issued to the City of Norwich, Department of Public Utilities. (M) SIP narrative materials, dated May 31, 1995, submitted with Connecticut Trading Agreement and Order no. 8118 issued to South Norwalk Electric Works, South Norwalk. (N) SIP narrative materials, dated March 1997, submitted with Connecticut Trading Agreement and Order no. 8101 issued to the State of Connecticut Department of Mental Health and Addiction Services. (O) SIP narrative materials, dated May 1997, submitted with Connecticut Trading Agreement and Order no. 8110 issued to Yale University. (P) SIP narrative materials, dated March 1997, submitted with Connecticut Trading Agreement and Order no. 8132 issued to Bridgeport Hospital. (Q) SIP narrative materials, dated March 1997, submitted with Connecticut Trading Agreement and Order no. 1494 issued to Connecticut Light and Power, involving Branford, Cos Cob, Devon, Franklin Drive, Montville, Middletown, South Meadow, Torrington, Tunnel Road, and Norwalk Harbor Stations. (R) SIP narrative materials, dated March 1997, submitted with Connecticut Trading Agreement and Order no. 8130 issued to the State of Connecticut Department of Public Works. (S) SIP narrative materials, dated February 1996, submitted with Connecticut Trading Agreement and Order no. 8115 issued to the University of Connecticut in Storrs. (T) SIP narrative materials, dated May 1997, submitted with Connecticut Trading Agreement and Order no. 8113 issued to Simkins Industries. (U) SIP narrative materials, dated March 1997, submitted with Connecticut Trading Agreement and Order no. 8135 issued to Bridgeport Hydraulic Company. (V) SIP narrative materials, dated March 1997, submitted with Connecticut Trading Agreement and Order no. 8141 issued to the Town of Wallingford Department of Public Utilities. (W) SIP narrative materials, dated April 1997, submitted with Connecticut Trading Agreement and Order no. 8123 issued to the Algonquin Gas Transmission Company. (X) SIP narrative materials, dated April 1997, submitted with Connecticut Trading Agreement and Order no. 8116 issued to the Connecticut Resource Recovery Authority. (73) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on June 3, 1996. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated June 3, 1996, submitting a revision to the Connecticut State Implementation Plan. (B) State Order No. 8036, dated May 6, 1996, for Risdon Corporation, effective on that date. The State order define and impose alternative RACT on certain VOC emissions at Risdon Corporation in Danbury, Connecticut. (74) A revision to the Connecticut SIP regarding ozone monitoring. Connecticut will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. Connecticut's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements. (i) Incorporation by reference. (A) PAMS SIP Commitment Narrative, which incorporates PAMS into the ambient air quality monitoring network of State or Local Air Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS). (ii) Additional material. (A) Letter from the Connecticut Department of Environmental Protection dated March 2, 1995 submitting a revision to the Connecticut State Implementation Plan. (75) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 5, 1994. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated January 5, 1994 submitting a revision to the Connecticut State Implementation Plan. (B) Regulations sections 22a–174–20(s), “Miscellaneous Metal Parts and Products,” sections 22a–174–20(v), “Graphic Arts Rotogravures and Flexography,” sections 22a–174–20(ee), “Reasonably Available Control Technology for Large Sources,” adopted and effective on November 18, 1993, which establish reasonably available control technology requirements for major stationary sources of volatile organic compounds. (76) Revision to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on January 5, 1994. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated January 5, 1994 submitting a revision to the Connecticut State Implementation Plan. (B) Regulation section 22a–174–32, “Reasonably Available Control Technology for Volatile Organic Compounds,” adopted and effective on November 18, 1993, which establishes reasonably available control technology requirements for major stationary sources of volatile organic compounds. (ii) Additional materials. (A) Letter from Connecticut dated June 27, 1994 clarifying language in section 22a–174–32(A). (77) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on December 30, 1994, and May 8, 1998. This revision is for the purpose of satisfying the rate-of-progress requirement of section 182(b) and the contingency measure requirements of sections 172(c)(9) and 182(c)(9) of the Clean Air Act, for the Greater Hartford serious ozone nonattainment area, and the Connecticut portion of the NY–NJ–CT severe ozone nonattainment area. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated December 30, 1994, submitting a revision to the Connecticut State Implementation Plan. (B) Letter from the Connecticut Department of Environmental Protection dated May 8, 1998, submitting a revision to the Connecticut State Implementation Plan. (78) Revision to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on June 24, 1998. (i) Incorporation by reference. (A) State of Connecticut Regulation of Department of Environmental Protection Section 22a–174–27, Emission Standards for Periodic Motor Vehicle Inspection and Maintenance as revised on March 26, 1998. (B) State of Connecticut Regulation of Department of Motor Vehicles Concerning Periodic Motor Vehicle Emissions Inspection and Maintenance Section 14–164c as revised on April 7, 1998. (ii) Additional materials. (A) Letter from the Connecticut Department of Environmental Protection dated June 24, 1998 submitting a revision to the Connecticut State Implementation Plan. (B) Letter from Connecticut Department of Environmental Protection dated November 13, 1998, submitting a revision to the Connecticut State Implementation Plan. (79) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on February 7, 1996 and February 18, 1999. (i) Incorporation by reference. (A) Connecticut regulation section 22a–174–36, entitled “Low Emission Vehicles” as dated and effective by determination of the Secretary of State on December 23, 1994. (B) Connecticut regulation section 22a–174–36(g), entitled “Alternative Means of Compliance via the National Low Emission Vehicle (LEV) Program” as dated and effective by determination of the Secretary of State on January 29, 1999. (ii) Additional material. (A) Letter from the Connecticut Department of Environmental Protection dated February 7, 1996 submitting a revision to the Connecticut State Implementation Plan for the Low Emission Vehicle program. (B) Letter from the Connecticut Department of Environmental Protection dated February 18, 1999 submitting a revision to the Connecticut State Implementation Plan for the National Low Emission Vehicle program to be a compliance option under the State's Low Emission Vehicle Program. (80) Revision to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on March 26, 1999. (i) Incorporation by reference. (A) Letter from the Connecticut Department of Environmental Protection dated March 26, 1999, submitting a revision to the Connecticut State Implementation Plan. (B) Regulation section 22a–174–22a, “The Nitrogen Oxides (NOX) Budget Program” adopted on December 15, 1998, and effective on March 3, 1999. (ii) Additional materials. (A) Nonregulatory portions of the submittals. (81) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on May 12, 1994. (i) Incorporation by reference. (A) “Clean Fuel Fleet Substitute Plan,” prepared by the Connecticut Department of Environmental Protection, dated May 12, 1994. (ii) Additional materials. (A) Letter from the Connecticut Department of Environmental Protection dated May 12, 1994 submitting a revision to the Connecticut State Implementation Plan. (82) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on July 11, 1997, September 12, 1997, and December 8, 1997. (i) Incorporation by reference. (A) Letters from the Connecticut Department of Environmental Protection dated July 11, 1997, September 12, 1997, and December 8, 1997, submitting revisions to the Connecticut State Implementation Plan. (B) Trading Agreement and Order Number 8137 issued to AlliedSignal, Inc., and U.S. Army Tank-Automotive and Armaments Command in Stratford, effective on November 19, 1996. (C) Trading Agreement and Order Number 8138 issued to Connecticut Natural Gas Corporation in Rocky Hill, effective on November 19, 1996. (D) Trading Agreement and Order Number 8114 issued to Cytec Industries, Inc., in Wallingford, effective on December 20, 1996. (E) Modification to Trading Agreement and Order Number 8138 issued to Connecticut Natural Gas Corporation effective June 25, 1997. (F) Modification to Trading Agreement and Order Number 8137 issued to AlliedSignal, Inc., and U.S. Army Tank-Automotive and Armaments Command in Stratford, effective July 8, 1997. (G) Trading Agreement and Order Number 8094 issued to Ogden Martin Systems of Bristol, Inc., in Bristol, effective on July 23, 1997. (ii) Additional materials. (A) Nonregulatory portions of the submittals. (B) Policy materials concerning the use of emission credits from New Jersey at Connecticut sources. (83) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on October 7, 1999 to discontinue the oxygenated gasoline program in the Connecticut portion of the New York—N. New Jersey—Long Island Area. (i) Incorporation by reference. (A) CTDEP; “Abatement of Air Pollution: Oxygenated Gasoline,” State Regulation 22a–174–28. (ii) Additional materials. (A) Letter from the Connecticut Department of Environmental Protection dated October 7, 1999 submitting a revision to the Connecticut State Implementation Plan. (84) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on April 15, 1997, April 20, 1998, and September 2, 1999. (i) Incorporation by reference. (A) Section 22a–174–1(97) of the Regulation of the Connecticut State Agencies, definition of the term “Volatile organic compound” or “VOC,” effective in the State of Connecticut on December 22, 1997. (B) Section 22a–174–20(b) of the Regulation of the Connecticut State Agencies, entitled “Loading of gasoline and other volatile organic compounds,” effective in the State of Connecticut on April 1, 1998. (C) Section 22a–174–20(l) of the Regulation of the Connecticut State Agencies, entitled “Metal cleaning,” effective in the State of Connecticut on August 23, 1996. (D) Section 22a–174–20(s) of the Regulation of the Connecticut State Agencies, “Miscellaneous metal parts and products,” effective in the State of Connecticut on March 1, 1995. (E) Section 22a–174–32 of the Regulation of the Connecticut State Agencies, entitled “Reasonably Available Control Technology (RACT) for volatile organic compounds,” effective in the State of Connecticut on August 27, 1999. (ii) Additional materials. (A) Letters from the Connecticut Department of Environmental Protection dated April 15, 1997, April 20, 1998, and September 2, 1999 submitting revisions to the Connecticut State Implementation Plan. (85) [Reserved] (86) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on September 30, 1999. (i) Incorporation by reference. (A) Regulations of Connecticut State Agencies, Section 22a–174–22b, State of Connecticut Regulation of Department of Environmental Protection Concerning The Post-2002 Nitrogen Oxides (NOX) Budget Program, which became effective on September 29, 1999. (ii) Additional materials. (A) Letter from Connecticut Department of Environmental Protection dated September 30, 1999 submitting Regulations of Connecticut State Agencies, Section 22a–174–22b and associated administrative materials as a revision to the Connecticut State Implementation Plan. (B) The SIP narrative “Connecticut State Implementation Plan Revision to Implement the NOX SIP Call,” dated September 30, 1999. (C) Letter from Connecticut Department of Environmental Protection dated August 1, 2002. (D) The SIP narrative “Connecticut State Implementation Plan Revision to Revise the State's NOX Emissions Budget,” dated July 22, 2002. (87) [Reserved] (88) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on May 19, 2000. (i) Incorporation by reference. (A) Connecticut Trading Agreement and Order No. 8177 issued to Wisvest Bridgeport Harbor's Unit No. 3 in Bridgeport on May 31, 2000. (B) Connecticut Trading Agreement and Order No. 8187 issued to Wisvest Bridgeport Harbor's Unit No. 2 on January 12, 2000. (C) Connecticut Trading Agreement and Order No. 8094, Modification No. 2, issued to Ogden Martin Systems of Bristol, Inc. on May 22, 2000. (D) Connecticut Trading Agreement and Order No. 8095, Modification No. 2, issued to American Ref-Fuel Company of Southeastern Connecticut in Preston on May 22, 2000. (E) Connecticut Trading Agreement and Order No. 8100, Modification No. 2, issued to Bridgeport Resco Company, Limited Partnership in Bridgeport on May 22, 2000. (F) Connecticut Trading Agreement and Order No. 8116, Modification No. 2, issued to the Connecticut Resources Recovery Authority in Hartford on May 22, 2000. (G) Connecticut Trading Agreement and Order No. 8178 issued to Wisvest's New Haven Harbor's auxiliary boiler in New Haven on May 22, 2000. (H) Connecticut Trading Agreement and Order No. 8179 issued to Wisvest's Bridgeport Harbor's Unit No. 4 on May 22, 2000. (I) Connecticut Trading Agreement and Order No. 8176, issued to Wisvest's New Haven Harbor Station's Unit No. 1 in New Haven on May 31, 2000. (ii) Additional materials. (A) Letter from the Connecticut Department of Environmental Protection dated May 19, 2000, submitting a revision to the Connecticut State Implementation Plan. (B) SIP narrative materials, dated December 1999, submitted with Connecticut Trading Agreement and Order Nos. 8176, 8177, 8178, 8179, and 8187. (89) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on November 16, 1999. (i) Incorporation by reference. (A) Subsection (b) of Section 14–164c-11a of the Regulations of Connecticut State Agencies Concerning Emissions Repairs Expenditure Requirement to Receive Waiver, adopted and effective June 24, 1999. (ii) Additional materials. (A) Letter from Connecticut Department of Environmental Protection dated November 19, 1999 submitting a revision to the Connecticut State Implementation Plan. (B) Narrative portion of the Revision to State Implementation Plan for Enhanced Motor Vehicle Inspection and Maintenance Program, dated October 7, 1999. (90) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on October 15, 2001, to incorporate the nitrogen oxide limits and related regulatory provisions of regulation 22a–174–38, Municipal Waste Combustors. (i) Incorporation by reference. (A) The nitrogen oxide emission limits and related regulatory provisions of State of Connecticut Regulation of Department of Environmental Protection Section 22a–174–38, Municipal Waste Combustors effective October 26, 2000, included in sections 22a–174–38 (a), (b), (c), (d), (i), (j), (k), (l), and (m). (ii) Additional material. (A) Letter from the Connecticut Department of Environmental Protection dated October 15, 2001, submitting a revision to the Connecticut State Implementation Plan. (91) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on June 14, 2002. (i) Incorporation by reference. (A) Connecticut's amendments to Section 22a–174–1, Definitions except for the following sections: (4), (18), (20), (29), (44), (45), (60), (111), (112) and, (117). These regulations are effective in the state of Connecticut on March 15, 2002. (B) Connecticut's new Section 22a–174–2a, Procedural Requirements for New Source Review and Title V Permitting except for the following sections: (a)(1) through (6); (b)(1) through (4); introduction to (b)(5); (b)(5)(D), (F) and, the last sentence of (G); (b)(9); (c)(2); clause after first comma “ * * * or order pursuant to section 22a–174–33(d) of regulations of Connecticut State Agency * * * ” in the introduction to (c)(6); (c)(6)(B) and (C); clause after first comma “ * * * or order pursuant to section 22a–174–33(d) of Regulations of Connecticut State Agencies * * * ” in (c)(9); reference to “Title V” in title of (d); (d)(4)(A) through (D); (d)(7)(A) through (D); (d)(8)(A) and (B); reference to “Title V” in title of (e); (e)(2)(A) and (B); (e)(3)(D); (e)(5)(A) through (F); reference to “Title V permit” in (e)(6); reference to “22a–174–33” in first clause of introduction to (f)(2); (f)(2)(F); (f)(5); (f)(6); (g)(1) and (2); (h)(1) through (3) and; (i)(1) through (3). These regulations are effective in the state of Connecticut on March 15, 2002. (C) Connecticut's new Section 22a–174–3a, Permit to Construct and Operate Stationary Sources except for the following sections: (a)(1)(C); (c)(1)(H); (d)(3)(J) and (M); references to “Dioxin,” “PCDDs” and, “PCDFs” in Table 3a(i)–1 of (i)(1) and; (m)(1) through (8). These regulations are effective in the state of Connecticut on March 15, 2002. (ii) Additional materials. (A) Letter from the Connecticut Department of Environmental Protection dated June 14, 2002 submitting a revision to the Connecticut State Implementation Plan. (92)–(95) [Reserved] (96) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on April 30, 2002, and October 17, 2002. (i) Incorporation by reference. (A) Consent Order No. 8229A issued by the Connecticut Department of Environmental Protection to Hitchcock Chair Company, Ltd., on April 15, 2002. (B) Consent Order No. 8190 issued by the Connecticut Department of Environmental Protection to Kimberly Clark Corporation on April 23, 2002. (C) Consent Order No. 8200 issued by the Connecticut Department of Environmental Protection to Watson Laboratories, Inc., on October 3, 2002. (D) Consent Order No. 8237 issued by the Connecticut Department of Environmental Protection to Ross & Roberts, Inc., on October 4, 2002. (ii) Additional materials. (A) Nonregulatory portions of the submittal. [37 FR 10855, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.370, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.371 Classification of regions. top The Connecticut plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- New Jersey-New York-Connecticut Interstate................ I I I I I Hartford-New Haven-Springfield Interstate................. I I III I I Northwestern Intrastate................................... III III III III III Eastern Intrastate........................................ II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10855, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 84787, Dec. 23, 1980] § 52.372 Extensions. top (a) [Reserved] (b) The Administrator hereby extends until December 31, 1996, the attainment date for particulate matter for the New Haven PM10 nonattainment area, as requested by the State of Connecticut on March 22, 1996 and based on monitored air quality data for the national ambient air quality standard for PM10 during the years 1993–95. [61 FR 56900, Nov. 5, 1996, as amended at 62 FR 14331, Mar. 26, 1997; 64 FR 67192, Dec. 1, 1999] § 52.373 Approval status. top (a) The Administrator approves the general procedures of the state's sulfur control regulations (19–508–19) and accompanying narrative submitted on October 23, 1981, and November 4, 1981 and identified under §52.370(c)(18), provided that any individual source approvals granted by the state under the Air Pollution Control/Energy Trade Option and solid fuel burning permitting system are submitted to EPA as SIP revisions. (b) The Administrator approves the total suspended particulate regulation for foundry sand processes as submitted and identified under paragraph (c)(22) of this section. This includes only the requirement to remove ninety percent of the particulate matter and not the requirement to emit not more than 0.75 pounds of particulate per ton of material cast, a provision which may be found in state regulation 19–508–18(f)(3). [61 FR 38576, July 25, 1996] § 52.374 Attainment dates for national standards. top The following table presents the latest dates by which the national standards are to be attained. The dates reflect the information presented in Connecticut's plan. ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------------------------------------- Air quality control region SO2 ---------------------------- PM10 NO2 CO O3 Primary Secondary ---------------------------------------------------------------------------------------------------------------- AQCR 41: Eastern Connecticut (\a\) (\b\) (\a\) (\a\) (\a\) (\d\) Intrastate (See 40 CFR 81.183).................... AQCR 42: Hartford-New Haven- Springfield Interstate Area (See 40 CFR 81.26)......... All portions except City (\a\) (\b\) (\a\) (\a\) (\a\) (\d\) of New Haven........... City of New Haven....... (\a\) (\b\) (\c\) (\a\) (\a\) (\d\) AQCR 43: New Jersey-New York- (\a\) (\a\) (\a\) (\a\) (\a\) (\d\) Connecticut Interstate Area (See 40 CFR 81.13)......... AQCR 44: Northwestern (\a\) (\b\) (\a\) (\a\) (\a\) (\d\) Connecticut Intrastate (See 40 CFR 81.184)............. ---------------------------------------------------------------------------------------------------------------- a. Air quality levels presently below primary standards or area is unclassifiable. b. Air quality levels presently below secondary standards or area is unclassifiable. c. December 31, 1996 (two 1-year extensions granted). d. November 15, 2007. [45 FR 84787, Dec. 23, 1980, as amended at 61 FR 38576, July 25, 1996; 62 FR 14331, Mar. 26, 1997; 64 FR 12013, Mar. 10, 1999; 66 FR 663, Jan. 3, 2001] § 52.375 Certification of no sources. top The State of Connecticut has certified to the satisfaction of EPA that no sources are located in the state which are covered by the following Control Technique Guidelines: (a) Large Petroleum Dry Cleaners. (b) Natural Gas/Gasoline Processing Plants. (c) Air Oxidation Processes/SOCMI. (d) Manufacturers of High-density Polyethylene and Polypropylene Resins. (e) Synthetic organic chemical manufacturing industry (SOCMI) distillation. (f) Synthetic organic chemical manufacturing industry (SOCMI) reactor vessels. [50 FR 37178, Sept. 12, 1985, as amended at 53 FR 17936, May 19, 1988; 65 FR 62623, Oct. 19, 2000] § 52.376 Control strategy: Carbon monoxide. top (a) Approval—On January 12, 1993, the Connecticut Department of Environmental Protection submitted a revision to the carbon monoxide State Implementation Plan for the 1990 base year emission inventory. The inventory was submitted by the State of Connecticut to satisfy Federal requirements under sections 172(c)(3) and 187(a)(1) of the Clean Air Act as amended in 1990, as a revision to the carbon monoxide State Implementation Plan for the Hartford/New Britain/Middletown carbon monoxide nonattainment area, the New Haven/Meriden/Waterbury carbon monoxide nonattainment area, and the Connecticut Portion of the New York-N. New Jersey-Long Island carbon monoxide nonattainment area. (b) Approval—On September 30, 1994, the Connecticut Department of Environmental Protection submitted a request to redesignate the Hartford/New Britain/Middletown Area carbon monoxide nonattainment area to attainment for carbon monoxide. The redesignation request and the 1995–2005 initial ten-year maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. (c) Approval—On January 12, 1993 and April 7, 1994, the Connecticut Department of Environmental Protection submitted revisions to the carbon monoxide State Implementation Plan for VMT forecasts, contingency measures, and attainment demonstration for CO. These VMT forecasts, contingency measures, and attainment demonstration were submitted by Connecticut to satisfy Federal requirements under sections 187(a)(2)(A), 187(a)(3) and 187(a)(7) of the Clean Air Act, as amended in 1990, as revisions to the carbon monoxide State Implementation Plan. (d) Approval—On January 17, 1997, the Connecticut Department of Environmental Protection submitted a request to redesignate the New Haven/Meriden/Waterbury carbon monoxide nonattainment area to attainment for carbon monoxide. The redesignation request and the 1998–2008 initial ten-year maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. (e) Approval—In December, 1996, the Connecticut Department of Environmental Protection submitted a revision to the carbon monoxide State Implementation Plan for the 1993 periodic emission inventory. The inventory was submitted by the State of Connecticut to satisfy Federal requirements under section 187(a)(5) of the Clean Air Act as amended in 1990, as a revision to the carbon monoxide State Implementation Plan. (f) Approval—On May 29, 1998, the Connecticut Department of Environmental Protection submitted a request to redesignate the Connecticut portion of the New York-N. New Jersey-Long Island carbon monoxide nonattainment area to attainment for carbon monoxide. The redesignation request and the 2000–2010 initial ten-year maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. (g) Approval—On October 7, 1999, the Connecticut Department of Environmental Protection submitted a revision to the carbon monoxide State Implementation Plan that removes the oxygenated fuel requirement for the Connecticut portion of the New York—N. New Jersey—Long Island area and converts the program to a contingency measure. If a violation of the carbon monoxide ambient air quality standard were to occur, the State would be required to reimplement the program. (h) Approval—On June 28, 2004, the Connecticut Department of Environmental Protection (CT DEP) submitted a request to establish limited maintenance plans for the Hartford-New Britain-Middletown Connecticut carbon monoxide attainment area, the New Haven-Meriden-Waterbury Connecticut carbon monoxide attainment area, and the Connecticut portion of the New York-Northern New Jersey-Long Island carbon monoxide attainment area for the remainder of the individual area's initial ten-year maintenance plan. As part of the maintenance plan request, CT DEP also requested approval of a second follow-on ten-year carbon monoxide maintenance plan for the Hartford-New Britain-Middletown carbon monoxide attainment area (period 2006 to 2015), for the New Haven-Meriden-Waterbury carbon monoxide attainment area (period 2009 to 2018), and for the Connecticut portion of the New York-Northern New Jersey-Long Island carbon monoxide attainment area (period 2011 to 2020). The State of Connecticut has committed to: maintain a continuous carbon monoxide monitoring network in each carbon monoxide maintenance area; implement contingency measures in the event of an exceedance of the carbon monoxide National Ambient Air Quality Standard (NAAQS) in any of the three maintenance areas; coordinate with EPA in the event the carbon monoxide design value(s) in any maintenance area(s) exceed 7.65 ppm, to verify the validity of the data and, if warranted based on the data review, develop a full maintenance plan(s) for the affected maintenance area(s); and, ensure that project-level carbon monoxide evaluations of transportation projects in each area are carried out as part of environmental reviews or Connecticut's indirect source permitting program. The limited maintenance plans satisfy all applicable requirements of section 175A of the Clean Air Act. Approval of a Limited Maintenance Plan is conditioned on maintaining levels of ambient carbon monoxide levels below the required limited maintenance plan 8-hour carbon monoxide design value criterion of 7.65 parts per million. If the Limited Maintenance Plan criterion is no longer satisfied, Connecticut must develop a full maintenance plan to meet Clean Air Act requirements. [60 FR 55320, Oct. 31, 1995, as amended at 61 FR 38577, July 25, 1996; 63 FR 53286, Oct. 5, 1998; 64 FR 12014, Mar. 10, 1999; 64 FR 67192, Dec. 1, 1999; 69 FR 50073, Aug. 13, 2004] § 52.377 Control strategy: Ozone. top (a) Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on December 30, 1997 and January 7, 1998. These revisions are for the purpose of satisfying the rate of progress requirement of section 182(c)(2) through 1999, and the contingency measure requirements of sections 172(c)(9) and 182(c)(9) of the Clean Air Act, for the Greater Hartford serious ozone nonattainment area, and the Connecticut portion of the NY-NJ-CT severe ozone nonattainment area. (b) Approval—Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on September 16, 1998, February 8, 2000 and June 17, 2003. The revisions are for the purpose of satisfying the attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act for the Greater Connecticut serious ozone nonattainment area. The revision establishes an attainment date of November 15, 2007 for the Greater Connecticut serious ozone nonattainment area. Connecticut commits to conduct a mid-course review to assess modeling and monitoring progress achieved toward the goal of attainment by 2007, and submit the results to EPA by December 31, 2004. The June 17, 2003 revision establishes MOBILE6-based motor vehicle emissions budgets for 2007 of 51.9 tons per day of volatile organic compounds (VOC) and 98.4 tons per day of nitrogen oxides (NOX) to be used in transportation conformity in the Greater Connecticut serious ozone nonattainment area. (c) Approval—Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on October 15, 2001 and June 17, 2003. These revisions are for the purpose of satisfying the rate of progress requirement of section 182 (c)(2)(B) through 2007, and the contingency measure requirements of section 182 (c)(9) of the Clean Air Act, for the Connecticut portion of the NY-NJ-CT severe ozone nonattainment area. The October 15, 2001 revision establishes motor vehicle emissions budgets for 2002 of 15.20 tons per day of VOC and 38.39 tons per day of NOX to be used in transportation conformity in the Connecticut portion of the NY-NJ-CT severe ozone nonattainment area. The June 17, 2003 revision establishes motor vehicle emissions budgets for 2005 of 19.5 tons per day of VOC and 36.8 tons per day of NOX to be used in transportation conformity in the Connecticut portion of the NY-NJ-CT severe ozone nonattainment area. (d) Approval—Revisions to the State Implementation Plan submitted by the Connecticut Department of Environmental Protection on September 16, 1998, February 8, 2000, October 15, 2001 and June 17, 2003. The revisions are for the purpose of satisfying the attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act for the Connecticut portion of the NY-NJ-CT severe ozone nonattainment area. The June 17, 2003 revision establishes MOBILE6-based motor vehicle emissions budgets for 2007 of 16.4 tons per day of VOC and 29.7 tons per day of NOX to be used in transportation conformity in the Connecticut portion of the NY-NJ-CT severe ozone nonattainment area. Connecticut commits to adopt and submit by October 31, 2001, additional necessary regional control measures to offset the emission reduction shortfall in order to attain the one-hour ozone standard by November 2007. Connecticut commits to adopt and submit by October 31, 2001, additional necessary intrastate control measures to offset the emission reduction shortfall in order to attain the one-hour ozone standard by November 2007. Connecticut commits to adopt and submit additional restrictions on VOC emissions from mobile equipment and repair operations; and requirements to reduce VOC emissions from certain consumer products. Connecticut also commits to conduct a mid-course review to assess modeling and monitoring progress achieved toward the goal of attainment by 2007, and submit the results to EPA by December 31, 2004. [65 FR 62626, Oct. 19, 2000, as amended at 66 FR 663, Jan. 3, 2001; 66 FR 63938, Dec. 11, 2001; 69 FR 5288, Feb. 4, 2004] § 52.378 Control strategy: PM10 top (a) Approval—On June 23, 2005, the Connecticut Department of Environmental Protection submitted a request to redesignate the City of New Haven PM10 nonattainment area to attainment for PM10. The redesignation request and the initial ten-year maintenance plan (2006–2015) meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. (b) Approval—On June 23, 2005, the Connecticut Department of Environmental Protection (CT DEP) submitted a request to establish a Limited Maintenance Plan (LMP) for the City of New Haven PM10 attainment area for the area's initial ten-year maintenance plan (2006–2015). The State of Connecticut has committed to: maintain a PM10 monitoring network in the New Haven PM10 maintenance area; implement contingency measures in the event of an exceedance of the PM10 National Ambient Air Quality Standards (NAAQS) in the maintenance area; coordinate with EPA in the event the PM10 design value in the maintenance area exceeds 98 µg/m 3 for the 24-hour PM10 NAAQS or 40 µg/m 3 for the annual PM10 NAAQS; and to verify the validity of the data and, if warranted based on the data review, develop a full maintenance plan for the maintenance area. The LMP satisfies all applicable requirements of section 175A of the Clean Air Act. Approval of the LMP is conditioned on maintaining levels of ambient PM10 below a PM10 design value criteria of 98 µg/m 3 for the 24-hour PM10 NAAQS and 40 µg/m 3 for the annual PM10 NAAQS. For the Criscuolo Park site, Connecticut still qualifies for the LMP option if, based on five years of site data, the average design values (ADVs) of the continuous PM10 monitor are less than the site-specific critical design value (CDV). If the LMP criteria are no longer satisfied, Connecticut must develop a full maintenance plan to meet Clean Air Act requirements. [70 FR 59663, Oct. 13, 2005] § 52.379 [Reserved] top § 52.380 Rules and regulations. top (a) All facilities owned, operated or under contract with the Connecticut Transportation Authority shall comply in all respects with Connecticut Regulations for the Abatement of Air Pollution sections 19–508–1 through 19–508–25 inclusive, as approved by the Administrator. (b) For the purposes of paragraph (a) of this section the word “Administrator” shall be substituted for the word “Commissioner” wherever that word appears in Connecticut Regulations for the Abatement of Air Pollution sections 19–508–1 through 19–508–25 inclusive, as approved by the Administrator. (c) The June 27 and December 28, 1979, February 1, May 1, September 8 and November 12, 1980, revisions are approved as satisfying Part D requirements under the following conditions: (1) [Reserved] (2) [Reserved] (d) Non-Part D-No Action: EPA is neither approving nor disapproving the following elements of the revisions: (1)–(2) [Reserved] (3) The program to review new and modified major stationary sources in attainment areas (prevention of significant deterioration). (4) Permit fees (5) Stack height regulations (6) Interstate pollution requirements (7) Monitoring requirements (8) Conflict of interest provisions. (9) Use of 1 percent sulfur content fuel by the following residual oil burning sources, identified under §52.370, paragraph (c)(18). (i) Northeast Utilities, HELCO Power Station in Middletown, (10) Emergency Fuel Variance provisions of Regulation 19–508–19 (a)(2)(ii) identified under §52.370 paragraph (c)(18). (e) Disapprovals. (1) Regulation 19–508–19(a)(9) concerning coal use at educational and historical exhibits and demonstrations, identified under §52.370, (c)(18). (2) Regulation 19–508–19, subsection (a)(4)(iii)(C) and (a)(4)(iii)(E) concerning fuel merchants, identified under §52.370, paragraph (c)(18). [40 FR 23280, May 29, 1975, as amended at 45 FR 84787, Dec, 23, 1980; 46 FR 34801, July 6, 1981; 46 FR 56615, Nov. 18, 1981; 46 FR 62062, Dec. 22, 1981; 47 FR 763, Jan. 7, 1982; 47 FR 36823, Aug. 24, 1982; 47 FR 41959, Sept. 23, 1982; 47 FR 49646, Nov. 2, 1982; 47 FR 51129, Nov. 12, 1982; 48 FR 5724, Feb. 8, 1983; 50 FR 50907, Dec. 13, 1985; 65 FR 62623, Oct. 19, 2000] § 52.381 Requirements for state implementation plan revisions relating to new motor vehicles. top Connecticut must comply with the requirements of §51.120. [60 FR 4737, Jan. 24, 1995] § 52.382 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable provisions for the NO2 increments under the prevention of significant deterioration program. (b) The increments for nitrogen dioxide promulgated on October 17, 1988 (53 FR 40671), and related requirements in 40 CFR 52.21 except paragraph (a)(1), are hereby incorporated and made part of the applicable implementation plan for the State of Connecticut. [58 FR 10964, Feb. 23, 1993, as amended at 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003] § 52.383 Stack height review. top The State of Connecticut has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion techniques as defined on EPA's stack height regulations as revised on July 8, 1985. Such declarations were submitted to EPA on February 21, 1986, and May 27, 1986. [52 FR 49407, Dec. 31, 1987] § 52.384 Emission inventories. top (a) The Governor's designee for the State of Connecticut submitted the 1990 base year emission inventories for the Connecticut portion of the New York-New Jersey-Connecticut severe ozone nonattainment area and the Greater Hartford serious ozone nonattainment area on January 13, 1994 as revisions to the State's SIP. Revisions to the inventories were submitted on February 3, 1994, February 16, 1995, and December 30, 1997. The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for these areas. (b) The inventories are for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventories covers point, area, non-road mobile, on-road mobile, and biogenic sources. (c) Taken together, the Connecticut portion of the New York-New Jersey-Connecticut severe nonattainment area and the Hartford serious nonattainment area encompass the entire geographic area of the State. [62 FR 55340, Oct. 24, 1997, as amended at 65 FR 62626, Oct. 19, 2000] § 52.385 EPA-approved Connecticut regulations. top The following table identifies the State regulations which have been submitted to and approved by EPA as revisions to the Connecticut State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory effect. To determine regulatory requirements for a specific situation, consult the plan identified in §52.370. To the extent that this table conflicts with §52.370, §52.370 governs. Table 52.385_EPA-Approved Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- Dates -------------------------- Connecticut State citation Title/subject Date Date Federal Register Section 52.370 Comments/description adopted by approved by citation State EPA -------------------------------------------------------------------------------------------------------------------------------------------------------- 19-508............................ Connecticut Air 3/3/72 5/31/72 37 FR 10842.......... (c) 1&2.......... State of CT Air Implementation Plan. Implementation Plan. 8/10/72 5/14/73 38 FR 12696.......... (c) 3................ Correction to submission dates for supplemental information. 4/9/74 6/2/75 40 FR 23746.......... (c) 5................ Identification of Air Quality Maintenance Areas. 8/10/76 11/29/77 42 FR 60753.......... (c) 7................ Adds carbon monoxide/ oxidant control strategy and regulations. 6/30/77 9/29/78 43 FR 44840.......... (c) 8................ Describes air quality surveillance program. 22a-171........................... Small Business 1/12/93 5/19/94 59 FR 26123.......... (c) 65............... Established small Assistance. business compliance and technical assistance program. 22a-174-1......................... Definitions.......... 03/15/02 02/27/03 68 FR 9011........... Adopting definitions applicable to PSD/ NSR program.. 22a-174-2......................... Registration 4/04/72 5/31/72 37 FR 23085.......... (b). requirements for existing stationary sources of air pollutants. 8/31/79 12/23/80 45 FR 84769.......... (c) 11............... In tandem with changes to Regulation 3, sources existing prior to 1972 must register. 22a-174-2a........................ Procedural 03/15/02 02/27/03 68 FR 9011........... Provisions applicable Requirements for New to PSD/NSR in Source Review and consolidated permit Title V Permitting. procedural requirements.. 22a-174-3......................... Permits for 4/04/72 5/31/72 37 FR 23085.......... (b).................. Conditional approval construction and of NSR program. operation of stationary sources. 8/30/79 12/23/80 45 FR 84769.......... (c)11................ EPA conditionally approved changes to meet federal New Source Review (NSR) requirements. CT did not submit Prevention of Significant Determination program. 8/31/79 1/07/82 47 FR 762............ (c) 20............... Final approval of NSR Rules removing conditions of 12/23/ 80. 10/10/80 1/07/82 47 FR 762............ (c) 20............... Allows conditional exemption of resource recovery facilities from offset transactions. 10/10/80 1/07/82 47 FR 762............ (c) 20............... Replaces the word ``actual'' with word ``allowable''. 12/27/88 2/23/93 58 FR 10957.......... (c) 56............... Changes to NSR and PSD requirements. 22a-174-3a........................ Permit to Construct 03/15/02 02/27/03 68 FR 9011........... PSD/NSR program and Operate requirements as Stationary Sources. revised by the CAAA.. 22a-174-4......................... Source monitoring, 4/04/72 5/31/72 37 FR 23085.......... (b). record keeping, reporting and authorization of inspection of air pollution sources. 10/31/77 12/23/80 45 FR 84769.......... (c) 11............... Clarifies record keeping and reporting requirements and rescinds smoke monitoring requirements for small sources. 12/15/80 8/24/82 47 FR 36822.......... (c) 20............... Rescinded requirements for smoke monitors on sources less than 250 mmBtu. 12/27/88 2/23/93 58 FR 10957.......... (c) 56............... Changes to opacity continuous emission monitoring (CEM) requirements. 22a-174-5......................... Methods for sampling, 4/04/72 5/31/72 37 FR 23085.......... (b). emission testing, and reporting. 10/05/77 12/23/80 45 FR 84769.......... (c) 11............... Tied State testing method requirement to federal requirements, clarified requirements for stack testing, and eliminated record keeping and reporting requirements. 12/19/80 8/28/81 46 FR 43418.......... (c) 16............... Revisions to source monitoring and stack testing requirements for SO2. 22a-174-6......................... Air Pollution 4/04/72 5/31/72 37 FR 23085.......... (b). Emergency Episode Procedures. 8/31/79 12/23/80 45 FR 84769.......... (c) 11............... Allows DEP to separately limit mobile and stationary sources depending upon the cause of the episode. 22a-174-7......................... Malfunction of 4/04/72 5/31/72 37 FR 23085.......... (b). Control Equipment; Reporting. 22a-174-8......................... Compliance Plans and 4/04/72 5/31/72 37 FR 23085.......... (b). Schedules. 22a-174-9......................... Prohibition of air 4/04/72 5/31/72 37 FR 23085.......... (b). pollution. 8/31/79 12/23/80 45 FR 84769.......... (c) 11............... Non-substantive numbering change. 8/31/79 8/12/83 48 FR 36579.......... (c) 11............... Full authority delegated for NSPS and NESHAPS. 12/6/91 56 FR 63875.......... Delegation of new subparts. 22a-174-10........................ Public Availability 4/04/72 5/31/72 37 FR 23085.......... (b). of Information. 22a-174-11........................ Prohibition against 4/04/72 5/31/72 37 FR 23085.......... (b). concealment of circumvention. 22a-174-12........................ Violations and 4/4/72 5/31/72 37 FR 23085.......... (b). enforcement. 22a-174-13........................ Variances............ 4/4/72 5/31/72 37 FR 23085.......... (b). 8/31/79 12/23/80 45 FR 84769.......... (c) 11............... Non-substantive numbering change. 22a-174-14........................ Compliance with 4/04/72 5/31/72 37 FR 10842.......... (b). regulation no defense to nuisance claim. 22a-174-15........................ Severability......... 4/4/72 5/31/72 37 FR 10842.......... (b). 22a-174-16........................ Responsibility to 4/4/72 5/31/72 37 FR 10842.......... (b). comply with applicable regulations. 22a-174-17........................ Control of open 4/04/72 5/31/72 37 FR 10842.......... (b). burning. 22a-174-18........................ Control of 4/4/72 5/31/72 37 FR 10842.......... (b). particulate emissions. 11/30/73 4/16/74 39 FR 13651.......... 52.375............... Allowed Hartford Electric Light & Connecticut Light & Power Supplies to use nonconforming fuel from 12/3/73 to 1/1/74. 7/11/81 9/23/82 47 FR 41958.......... (c) 22............... Defines TSP RACT for fuel burning equipment and process sources including cupolas, foundries, and hot mix asphalt plants. 22a-174-19........................ Control of sulfur 4/4/72 5/31/72 37 FR 23085.......... (b). compound emissions. 11/30/73 4/16/74 39 FR 13651.......... 52.375............... Allowed Hartford Electric Light and Connecticut Power and Light to use nonconforming fuel. 4/3/79 7/30/79 44 FR 44498.......... (c) 10............... Allowed Northeast Utilities to purchase, store, and burn nonconforming fuel. 9/8/80 4/27/81 46 FR 23412.......... (c) 12............... Variance for Federal Paperboard, Inc. 12/19/80 8/28/81 46 FR 43418.......... (c) 14............... Amends sulfur control & 3/11/ strategy. 81 3/11/81 8/28/81 46 FR 43418.......... (c) 15............... Amends New Source & 7/15/ Ambient Impact 81 Analysis Guideline. 3/17/81 10/23/81 46 FR 51914.......... (c) 17............... Variance for Uniroyal, Inc. 11/2/81 11/18/81 46 FR 56612.......... (c) 18............... Approval State Energy Trade program. 11/14/75 11/18/81 46 FR 56612.......... 52.380 (e)(1)........ EPA disapproval revision which allows exemption for home heating with coal, historic demonstrations, and other small sources. 11/12/81 12/22/81 46 FR 62062.......... (c) 19............... Variances for United Technologies Corp., Pratt & Whitney Aircraft Division facilities in New Haven and Middletown. 7/7/81 11/12/82 47 FR 51129.......... (c) 24............... Variance for Sikorsky Aircraft_approved under the State Energy Trade Program. 5/27/82 2/8/83 48 FR 5723........... (c) 26............... Variance for Dow Chemical_approved under the State Energy Trade Program. 12/15/82 5/4/83 48 FR 20051.......... (c) 27............... Variance for Lydall, Inc._approved under the State Energy trade (SET) Program. 11/1/82 6/28/83 48 FR 29689.......... (c) 28............... Simkins Industries_approved under the State Energy Trade Program. 3/28/83 12/20/83 48 FR 56218.......... (c) 30............... Variance for Loomis Institute_approved under the State Energy Trade Program. 2/19/93 1/18/94 59 FR 2531........... (c) 63............... Changes requirements at Himilton Standard Division of UTC. 22a-174-20........................ Control of organic 4/4/72 5/31/72 37 FR 23085.......... (b). compound emissions. 8/31/79 12/23/80 45 FR 84769.......... (c) 11............... Requirements for certain Group I CTG source categories. Conditionally approved cutback asphalt and solvent metal cleaning categories. 10/10/80 1/17/82 47 FR 762............ (c) 20............... Requirements for cutback asphalt (Group I_CTG). 10/10/80 2/17/82 47 FR 6827........... (c) 25............... Requirements for Group II CTGs exclusive of controlling gasoline tank truck leaks, petroleum liquid storage external floating roof tanks, manufacture of vegetable oil, pneumatic rubber tire categories. Other VOC rules. 10/10/80 6/7/82 47 FR 24452.......... (c) 23............... Alternative emission reduction provisions. 12/10/82 2/1/84 49 FR 3989........... (c) 29............... Requirements for small open top degreasers (Group I_CTG). 9/24/83 2/1/84 49 FR 3989........... (c) 29............... Exempts colds cleaners at auto repair facilities. 9/24/83 3/21/84 49 FR 10542.......... (c) 32............... Adds degreasing requirements for conveyorized and cold cleaning operations. 8/31/79 3/21/84 49 FR 10542.......... (c) 32............... Requirements for solvent metal cleaning (Group I CTG). 9/24/83 3/21/84 49 FR 10542.......... (c) 32............... Exempts storage vessels from submerged fill. Delays effective date of Stage I vapor recovery by 1 year. Requires RACT for all major sources of VOC not covered under a CTG document. 9/24/83 10/19/84 49 FR 41026.......... (c) 33............... Adds major non-ctg sources covered by 20(ee) to applicability, compliance, alternative emission reduction and seasonal operation after burner provisions. 12/13/84 7/18/85 50 FR 29229.......... (c) 34............... Revision to cutback asphalt regulation. Requires facilities with external floating roofs to install secondary seats. Changes to gasoline tank truck regulation. 4/23/86 11/20/86 51 FR 41963.......... (c) 36............... VOC RACT for Connecticut Charcoal Company. 4/28/86 2/19/87 52 FR 5104........... (c) 37............... VOC RACT for King Industries. 8/8/87 12/17/87 52 FR 47925.......... (c) 39............... VOC RACT for Belding Corticelli Thread Company. 5/28/86 2/17/88 51 FR 4621........... (c) 41............... Effective date clarification for Connecticut Charcoal. 9/24/87 4/11/88 53 FR 11847.......... (c) 42............... VOC RACT for Raymark Industries, Inc. 2/2/87 5/19/88 53 FR 17934.......... (c) 38............... Clarifies applicability of VOC compliance methods for surface coating sources. 3/17/87 5/19/88 53 FR 17934.......... (c) 38............... Adds regulations for SOCMI fugitive leaks and polystyrene resins. 8/21/87 7/12/88 53 FR 26256.......... (c) 44............... VOC RACT for Spongex International Ltd. 12/26/86 8/1/88 53 FR 28884.......... (c) 43............... VOC RACT for American Cyanamid Company. 10/27/88 3/8/89 54 FR 9781........... (c) 48............... VOC RACT for Dow Chemical, U.S.A. 6/7/88 3/24/89 54 FR 12193.......... (c) 46............... VOC RACT for New Departure Hyatt. 12/14/88 4/10/89 54 FR 14226.......... (c) 49............... VOC RACT for Stanadyne. 3/22/89 5/30/89 54 FR 22891.......... (c) 51............... VOC RACT for Pratt & Whitney Division of UTC. 12/30/88 6/2/89 54 FR 23650.......... (c) 50............... Changes limit on volatility of gasoline. 10/19/87 11/28/89 54 FR 48885.......... (c) 47............... VOC RACT for Frismar, Inc. 10/18/88 11/39/89 54 FR 49284.......... (c) 52............... VOC RACT for Pfizer, Inc. 9/5/89 12/22/89 54 FR 52798.......... (c) 53............... VOC RACT for Uniroyal Chemical Co. 11/29/89 3/12/90 55 FR 9121........... (c) 54............... VOC RACT for Hamilton Standard Division of United Technologies Corp. 11/2/88 3/14/90 55 FR 9442........... (c) 55............... VOC RACT for Heminway & Bartlett Manufacturing Company. 10/31/89 10/18/91 56 FR 52205.......... (c) 58............... Changes applicability to facilities with >=15 pounds VOC per day. 10/31/89 10/18/91 56 FR 52205.......... (c) 58............... Various changes to Section 20 approved. 9/1/93 11/19/93 58 FR 61041.......... ..................... Withdrawal of NPR for Sikorsky Aircraft Division of UTC, Bridgeport. 1/29/90, 9/ 2/9/98 63 FR 6484........... (c) (60)............. VOC RACT for Sikorsky 29/95, Aircraft Corporation & 2/7/ in Stratford. 96 6/3/96 4/24/98 63 FR 20318.......... (c) (73)............. Alternative VOC RACT for Risdon Corporation in Danbury. 11/18/93 3/10/99 64 FR 12024.......... (c)(75).............. Changes to subsection 22a-174-20(s), 20(v), and 20(ee). Loading gasoline and 4/1/98 10/19/00 65 FR 62624.......... (c)(84).............. Changes to gasoline other volatile and volatile organic organic compounds. loading regulations. Metal cleaning....... 8/23/96 10/19/00 65 FR 62624.......... (c)(84).............. Changes to metal cleaning regulations. Miscellaneous metal 8/1/95 10/19/00 65 FR 62624.......... (c)(84).............. Changes to parts and products. regulations to add emission limit for architectural aluminum panels. 22a-174-21........................ Control of carbon 4/4/72 5/31/72 37 FR 23085.......... (b). monoxide emissions. 9/21/82 3/21/84 49 FR 10542.......... (c) 32............... CO attainment plan. 22a-174-22........................ Control of Nitrogen 11/19/96 9/28/99 64 FR 52238.......... (c)(82).............. Case-specific trading Oxides Emissions. order for AlliedSignal, Inc., and U.S. Army Tank- Automotive and Armaments Command in Stratford. 22a-174-22........................ Control of Nitrogen 11/19/96 9/28/99 64 FR 52238.......... (c)(82).............. Case-specific trading Oxides Emissions. order for Connecticut Natural Gas Corporation in Rocky Hill. 22a-174-22........................ Control of Nitrogen 12/20/96 9/28/99 64 FR 52238.......... (c)(82).............. Case-specific trading Oxides Emissions. order for Cytec Industries, Inc., in Wallingford. 22a-174-22........................ Control of Nitrogen 6/25/97 9/28/99 64 FR 52238.......... (c)(82).............. Amendments to case- Oxides Emissions. specific trading order for Connecticut Natural Gas Corporation. 22a-174-22........................ Control of Nitrogen 7/8/97 9/28/99 64 FR 52238.......... (c)(82).............. Amendments to case- Oxides Emissions. specific trading order for AlliedSignal, Inc., and U.S. Army Tank- Automotive and Armaments Command in Stratford. 22a-174-22........................ Control of Nitrogen 7/23/97 9/28/99 64 FR 52238.......... (c)(82).............. Case-specific trading Oxides Emissions. order for Ogden Martin Systems of Bristol, Inc., in Bristol. 22a-174-22........................ Control of NOX 1/12/00 3/23/01 66 FR 16137.......... (c)(88).............. Case-specific trading nitrogen oxide order for Wisvest emissions. Bridgeport Harbor Station's Unit No. 2 in Bridgeport. 5/22/00 3/23/01 66 FR 16137.......... (c)(88).............. Amendment to case- specific trading order for Ogden Martin System's facility in Bristol. 5/22/00 3/23/01 66 FR 16137.......... (c)(88).............. Amendment to case- specific trading order for Connecticut Resources Recovery Authority. 5/22/00 3/23/01 66 FR 16137.......... (c)(88).............. Amendment to case- specific order for American Ref-Fuel Company. 5/22/00 3/23/01 66 FR 16137.......... (c)(88).............. Amendment to case- specific trading order for Bridgeport Resco Company. 5/22/00 3/23/01 66 FR 16137.......... (c)(88).............. Case-specific trading order for Wisvest Bridgeport Harbor Station's Unit No. 4 in Bridgeport. 5/22/00 3/23/01 66 FR 16137.......... (c)(88).............. Case-specific trading order for Wisvest New Haven Harbor Station's auxiliary Boiler in New Haven. 5/31/00 3/23/01 66 FR 16137.......... (c)(88).............. Case-specific trading order for Wisvest Bridgeport Harbor Station's Unit No. 3 in Bridgeport. 5/31/00 3/23/01 66 FR 16137.......... (c)(88).............. Case-specific trading order for Wisvest New Haven Harbor Station's Unit No. 1 in New Haven. 22a-174-22a....................... Nitrogen Oxides 12/15/98 9/28/99 64 FR 52238.......... (c)(80).............. Approval of NOX cap (NOX)Budget Program. and allowance trading regulations. 22a-174-22b....................... Post-2002 Nitrogen 9/29/99 12/27/00 65 FR 81746.......... (c)86................ Oxides (NOX) Budget Program. 22a-174-23........................ Control of Odors..... 4/4/72 5/31/72 37 FR 23085.......... (b). Rescinded from 8/31/79 12/23/80 45 FR 84769.......... (c) 11............... EPA has no authority Federal SIP. to control odors. 22a-174-24........................ Connecticut primary 4/4/72 5/31/72 37 FR 23085.......... (b). and secondary standards. 7/11/81 11/18/81 46 FR 56612.......... (c) 18............... Eliminated State 24- hour and annual standard for SO2. 10/8/80 2/17/82 47 FR 6827........... (c) 25............... Adopted ambient air quality standards for lead and revised the ozone standard. 10/8/80 8/24/82 47 FR 36822.......... (c) 20............... EPA took ``no action'' on definition of the term ``acceptable method'' because did not ensure consistency with EPA monitoring regulations. 10/8/80 11/2/82 47 FR 49646.......... (c) 20............... Correction to subparagraph designation. 10/8/80 12/13/85 50 FR 50906.......... (c) 35............... Approved definition of acceptable method. 2/25/91 3/24/92 57 FR 10139.......... (c) 61............... Requires use of low sulfur fuels at Connecticut Light & Power in Montville. 2/14/92 11/20/92 57 FR 54703.......... (c) 59............... Requires use of low sulfur fuels at Stones CT Paperboard Corp. 2/5/92 11/20/92 57 FR 54703.......... (c) 59............... Requires use of low sulfur fuel at Hartford Hospital. 22a-174-25........................ Effective date....... 4/4/72 5/31/72 37 FR 23085.......... (b). 22a-174-27........................ Emissions standards 3/26/98 3/10/99 64 FR 12005.......... (c)78................ Revised Department of for periodic motor Environmental vehicle inspection Protection and maintenance. regulation contain I/ M emission standards. 22a-174-28........................ SIP revision 09/28/99 01/31/00 64 FR 67188.......... (c)(83).............. This SIP revision concerning removes the Oxygenated Gasoline. oxygenated gasoline requirement for the Connecticut portion of the New York_N. New Jersey_Long Island area and changes it to a continency measure for maintaining the carbon monoxide National Ambient Air Quality Standard in the southwest Connecticut area. 14-164c........................... Periodic Motor 4/7/98 3/10/99 64 FR 12005.......... (c)78................ Revised Department of Vehicle Inspection Motor Vehicles and Maintenance. regulation for the Connecticut I/M Program. 6/24/99 10/27/00 10/27/00, 65 FR 64360 (c)89................ Revised subsection (b) of Section 14- 164c-11a of the Department of Motor Vehicles regulation concerning emissions repairs expenditure requirement to receive waver. 22a-174-30........................ Gasoline Vapor 1/12/93 12/17/93 58 FR 65930.......... (c) 62............... Requires Stage II Recovery. vapor recovery from gasoline dispensers. 1/18/94 59 FR 2649........... (c) 62............... Correction to 12/17/ 93 notice. 22a-174-32........................ Reasonably available 11/18/93 3/10/99 64 FR 12024.......... (c)(76).............. Conditional approval control technology of the addition of for volatile organic non-CTG VOC RACT compounds. requirements. 174 8/27/99 10/19/00 65 FR 62624.......... (c)(84).............. Changes to the non- CTG regulation. 22a-174-32........................ Reasonably available 4/15/02 10/24/05 70 FR 61384.......... (c)(96).............. VOC RACT for control technology Hitchcock Chair. for volatile organic compounds. 22a-174-32........................ Reasonably available 4/23/01 10/24/05 70 FR 61384.......... (c)(96).............. VOC RACT for Kimberly control technology Clark. for volatile organic compounds. 22a-174-32........................ Reasonably available 10/03/02 10/24/05 70 FR 61384.......... (c)(96).............. VOC RACT for Watson control technology Laboratories. for volatile organic compounds. 22a-174-32........................ Reasonably available 10/04/02 10/24/05 70 FR 61384.......... (c)(96).............. VOC RACT for Ross control technology & Roberts. for volatile organic compounds. 22a-174-36........................ Low Emission Vehicles 12/23/94 3/9/00 65 FR 12479.......... (c)(79).............. Approval of Low Emission Vehicle Program. 22a-174-36(g)..................... Alternative Means of 1/29/99 3/9/00 65 FR 12479.......... (c)(79).............. Approval of Compliance via the Alternative Means of National Low Compliance via the Emission Vehicle National Low (LEV) Program. Emission Vehicle (LEV) Program for the ``California'' low emission vehicle program adopted above. 22a-174-38........................ Municipal Waste 10/26/00 12/6/01 66 FR 63312.......... c(90)................ The nitrogen oxide Combustors. emission limits and related regulatory provisions of 22a- 174-38, Municipal Waste Combustors, included in sections 22a-174-38 (a), (b), (c), (d), (i), (j), (k), (l), and (m). 22a-174-100....................... Permits for 1/9/74 2/25/74 39 FR 7280........... (c) 4................ Requires review of construction of air impacts of indirect sources indirect sources. Rescinded from federal SIP. 8/20/74 2/13/76 41 FR 6765........... (c) 6................ Added indirect source review (ISR) regulations. 6/30/77 1/26/79 44 FR 5427........... (c) 9. NA 12/23/79 45 FR 84769.......... (c) 11............... SIP shown to attain standards as expeditiously as practicable without ISR regulation. -------------------------------------------------------------------------------------------------------------------------------------------------------- [62 FR 52022, Oct. 6, 1997; 62 FR 65224, Dec. 11, 1997, as amended at 63 FR 6487, Feb. 9, 1998; 63 FR 20318, Apr. 24, 1998; 64 FR 12024, Mar. 10, 1999; 64 FR 52238, Sept. 28, 1999; 64 FR 67192, Dec. 1, 1999; 65 FR 12479, Mar. 9, 2000; 65 FR 62624, Oct. 19, 2000; 65 FR 64360, Oct. 27, 2000; 65 FR 81746, Dec. 27, 2000; 66 FR 16137, Mar. 23, 2001; 66 FR 63312, Dec. 6, 2001; 68 FR 9011, Feb. 27, 2003; 70 FR 61387, Oct. 24, 2005] Subpart I—Delaware top § 52.420 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for Delaware under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates on or after June 1, 2004 will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region III certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the Delaware State implementation plan as of June 1, 2004. (3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA-Approved Regulations in the Delaware SIP -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Additional explanation date -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 1_Definitions and Administrative Principles -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 5/28/74 03/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Definitions............ 10/11/98 3/11/99 64 FR 12085 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Definitions............ 2/8/95 9/9/99 New Definitions: 64 FR 48961 (Effective date: 1/7/77) ........... ......................... _Capacity factor. _Continuous monitoring system. _Emission standard. ........... ......................... _Equipment shutdown. _Excess Emissions. ........... ......................... (Effective Date: 9/26/78). _Sulfuric Acid Plant. ........... ......................... Revised Definitions: (Effective date: 1/7/77). ........... ......................... _Existing Installation, Equipment, Source, or Operation. ........... *_New Installation, Equipment, Source, or Operation. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Definitions............ 02/11/2003 11/1/2005, 70 FR 65847 Added definition of PM2.5. Section 3........................... Administrative 1/7/72 05/31/72 Principles. 37 FR 10842 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Abbreviations.......... 2/1/81 3/15/82 Abbreviation of ``CAA'' only. 48 FR 11013 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 2_Permits -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 6/1/97 1/13/00 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Applicability.......... 6/1/97 1/13/00 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Applications Prepared 6/1/97 1/13/00 by Interested Parties. 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Cancellation of 6/1/97 1/13/00 Construction Permits. 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Action on Applications. 6/1/97 1/13/00 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... Denial, Suspension or 6/1/97 1/13/00 Revocation of 65 FR 2048 Operating Permits. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 7........................... Transfer of Permit/ 6/1/97 1/13/00 Registration 65 FR 2048 Prohibited. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 8........................... Availability of Permit/ 6/1/97 1/13/00 Registration. 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 9........................... Registration Submittal. 6/1/97 1/13/00 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 10.......................... Source Category Permit 6/1/97 1/13/00 Application. 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 11.......................... Permit Application..... 6/1/97 1/13/00 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 12.......................... Public Participation... 6/1/97 1/13/00 Limited approval. 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 13.......................... Department Records..... 6/1/97 1/13/00 65 FR 2048 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 3_Ambient Air Quality Standards -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 02/11/03 11/1/05, 70 FR 65847 Addition of section 1.6.j. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... General Restrictions... 3/11/80 10/30/81 46 FR 53663 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Suspended Particulates. 3/11/80 10/30/81 46 FR 53663 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Sulfur Dioxide......... 3/11/80 10/30/81 46 FR 53663 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Carbon Monoxide........ 3/11/80 10/30/81 46 FR 53663 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... Ozone.................. 2/11/03 11/1/05, 70 FR 65847 Addition to section 6.1_``This standard shall be applicable to New Castle and Kent Counties.'' Addition of section 6.2. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 8........................... Nitrogen Dioxide....... 3/11/80 10/30/81 46 FR 53663 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 10.......................... Lead................... 3/11/80 3/11/82 48 FR 10535 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 11.......................... PM10 and PM2.5 02/11/03 11/1/05, 70 FR 65847 Section title added ``and PM2.5.'' Particulates. Addition of sections 11.2.a. and 11.2.b. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 4_Particulate Emissions From Fuel Burning Equipment -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 5/28/74 3/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Emission Limits........ 5/28/74 3/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 5_Particulate Emissions From Industrial Process Operations -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 5/28/74 3/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... General Restrictions... 5/28/74 3/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Restrictions on Hot Mix 5/28/74 3/23/76 Asphalt Batching 41 FR 12010 Operations. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Restrictions on 12/2/77 07/30/79 Secondary Metal 44 FR 44497 Operations. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Restrictions on 9/26/78 9/9/99 Petroleum Refining 64 FR 48961 Operations. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... Restrictions on Prill 9/26/78 08/01/80 Tower Operations. 45 FR 51198 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 7........................... Control of Potentially 1/7/72 5/31/72 Hazardous Particulate 37 FR 10842 Matter. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 6_Particulate Emissions From Construction and Materials Handling -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 1/7/72 05/31/72 37 FR 10842 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Demolition............. 5/28/74 03/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Grading, Land Clearing, 5/28/74 03/23/76 Excavation and Use of 41 FR 12010 Non-Paved Roads. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Material Movement...... 5/28/74 03/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Sandblasting........... 5/28/74 03/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... Material Storage....... 5/28/74 03/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 7_Particulate Emissions From Incineration -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 05/28/74 03/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Restrictions........... 12/8/83 10/3/84 Provisions were revised 10/13/89 by State, but 49 FR 39061 not submitted to EPA as SIP revisions. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 8_Sulfur Dioxide Emissions From Fuel Burning Equipment -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 12/8/83 10/3/84 49 FR 39061 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Limit on Sulfur Content 5/9/85 12/08/86 of Fuel. 51 FR 44068 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Emissions Control in 5/9/85 12/08/86 Lieu of Sulfur Content 51 FR 44068 Limits of Section 2. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 9_Emissions of Sulfur Compounds From Industrial Operations -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 5/9/85 12/08/86 51 FR 44068 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Restrictions on 9/26/78 9/9/99 1. On 3/11/1982 (47 FR 10535), EPA approved Sulfuric Acid 64 FR 48961 revisions to Section 2 with a State effective Manufacturing date of 12/29/1980. Operations. ........... ......................... 2. Section 2.2 (State effective date: 9/26/1980) is federally enforceable as a Section 111(d) plan and codified at 40 CFR 62.1875. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Restriction on Sulfur 5/28/74 03/23/76 Recovery Operations. 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Stack Height 4/18/83 09/21/83 Requirements. 48 FR 42979 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 10_Control of Sulfur Dioxide Emissions_Kent and Sussex Counties -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Requirements for 1/7/72 05/31/72 Existing Sources of 37 FR 10842 Sulfur Dioxide. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Requirements for New 5/28/74 03/23/76 Sources of Sulfur 41 FR 12010 Dioxide. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 11_Carbon Monoxide Emissions from Industrial Process Operations_New Castle County -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 5/28/74 03/23/76 41 FR 12010 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Restrictions on 1/7/72 05/31/72 Citation revised 3/23/76, 41 FR 12010. Petroleum Refining 37 FR 10842 Operations. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 12_Control of Nitrogen Oxide Emissions -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Applicability.......... 11/24/93 6/14/01 66 FR 32234 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Definitions............ 11/24/93 6/14/01 66 FR 32234 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Standards.............. 11/24/93 6/14/01 66 FR 32234 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Exemptions............. 11/24/93 6/14/01 66 FR 32234 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Alternative and 11/24/93 6/14/01 Equivalent RACT 66 FR 32234 Determinations. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... RACT Proposals......... 11/24/93 6/14/01 66 FR 32234 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 7........................... Compliance, 11/24/93 6/14/01 Certification, 66 FR 32234 Recordkeeping, and Reporting Requirements. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 13_Open Burning -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Prohibitions-All 2/8/95 03/12/97 EPA effective date is 5/1/98. Counties. 62 FR 11329 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Prohibitions-Specific 2/8/95 03/12/97 EPA effective date is 5/1/98. Counties. 62 FR 11329 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... General Restrictions- 2/8/95 03/12/97 EPA effective date is 5/1/98. All Counties. 62 FR 11329 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Exemptions-All Counties 2/8/95 03/12/97 EPA effective date is 5/1/98. 62 FR 11329 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 14_Visible Emissions -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 7/17/84 07/02/85 50 FR 27244 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Requirements........... 7/17/84 07/02/85 50 FR 27244 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Alternate Opacity 7/17/84 07/02/85 Requirements. 50 FR 27244 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Compliance with Opacity 7/17/84 07/02/85 Standards. 50 FR 27244 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 15_Air Pollution Alert and Emergency Plan -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 1/7/72 05/31/72 37 FR 10842 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Stages and Criteria.... 3/29/88 04/06/94 59 FR 16140 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Required Actions....... 1/7/72 5/31/72 Delaware removed the word ``standby'' from Table 37 FR 10842 III, section 3B effective 5/28/74, but did not submit as a SIP revision. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Standby Plans.......... 1/7/72 05/31/72 37 FR 10842 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 16_Sources Having an Interstate Air Pollution Potential -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 1/7/72 05/31/72 Delaware revised provision effective 5/28/74, but 37 FR 10842 did not submit as a SIP revision. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Limitations............ 1/7/72 05/31/72 37 FR 10842 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Requirements........... 1/7/72 05/31/72 37 FR 10842 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 17_Source Monitoring, Record-keeping and Reporting -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Definitions and 1/11/93 02/28/96 Administrative 61 FR 7453 Principles. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Sampling and Monitoring 7/17/84 07/02/85 Former SIP Sections 1 through 5 respectively; 50 FR 27244 citation revised 2/28/96, 62 FR 7453. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Minimum Emission 1/10/77 8/25/81 Monitoring 46 FR 43150 Requirements for Existing Sources. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Performance 1/11/93 9/9/99 Specifications. 64 FR 48961 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Minimum Data 1/10/77 8/25/81 Requirements. 46 FR 43150 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... Data Reduction......... 1/11/93 9/9/99 64 FR 48961 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 7........................... Emission Statement..... 1/11/93 02/28/96 61 FR 7453 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 23_Standards of Performance for Steel Plants: Electric Arc Furnaces -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Applicability.......... 12/2/77 07/30/79 Correction published 8/20/80, 45 FR 55422. 44 FR 44497 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Definitions............ 04/18/83 09/21/83 49 FR 39061 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Standard for 04/18/83 09/21/83 Particulate Matter. 49 FR 39061 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Monitoring of 12/2/77 07/30/79 Correction published 8/20/80, 45 FR 55422. Operations. 44 FR 44497 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Test Methods and 12/2/77 07/30/79 Correction published 8/20/80, 45 FR 55422. Procedures. 44 FR 44497 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 24_Control of Volatile Organic Compound Emissions -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 1/11/93 5/3/95 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Definitions............ 1/11/02 11/14/03 68 FR 64540 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Applicability.......... 1/11/93 5/3/95 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Compliance 11/29/94 01/26/96 Certification, 61 FR 2419 Recordkeeping, and Reporting Requirements for Coating Sources. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Compliance 1/11/93 5/3/95 Certification, 60 FR 21707 Recordkeeping, and Reporting Requirements for Non-Coating Sources. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... General Recordkeeping.. 1/11/93 5/3/95 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 7........................... Circumvention.......... 1/11/93 5/3/95 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 8........................... Handling, Storage, and 11/29/94 01/26/96 Disposal of Volatile 61 FR 2419 Organic Compounds (VOCs). -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 9........................... Compliance, Permits, 1/11/93 5/3/95 Enforceability. 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 10.......................... Aerospace Coatings..... 2/11/03 3/24/04 SIP effective date is 5/24/04. 69 FR 13737 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 11.......................... Mobile Equipment Repair 11/11/01 11/22/02 and Refinishing. 67 FR 70315 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 12.......................... Surface Coating of 11/29/94 01/26/96 Plastic Parts. 61 FR 2419 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 13.......................... Automobile and Light- 1/11/93 5/3/95 Duty Truck Coating 60 FR 21707 Operations. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 14.......................... Can Coating............ 1/11/93 5/3/95 60 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 15.......................... Coil Coating........... 1/11/93 5/3/95 60 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 16.......................... Paper Coating.......... 1/11/93 5/3/95 60 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 17.......................... Fabric Coating......... 1/11/93 5/3/95 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 18.......................... Vinyl Coating.......... 1/11/93 5/3/95 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 19.......................... Coating of Metal 1/11/93 5/3/95 Furniture. 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 20.......................... Coating of Large 1/11/93 5/3/95 Appliances. 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 21.......................... Coating of Magnet Wire. 11/29/94 01/26/96 60 FR 2419 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 22.......................... Coating of 1/11/93 5/3/95 Miscellaneous Metal 60 FR 21707 Parts. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 23.......................... Coating of Flat Wood 1/11/93 5/3/95 Panelling. 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 24.......................... Bulk Gasoline Plants... 1/11/93 5/3/95 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 25.......................... Bulk Gasoline Terminals 11/29/94 01/26/96 61 FR 2419 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 26.......................... Gasoline Dispensing 1/11/02 11/14/03 Facility-Stage I Vapor 68 FR 64540 Recovery. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 27.......................... Gasoline Tank Trucks... 1/11/93 5/3/95 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 28.......................... Petroleum Refinery 1/11/93 5/3/95 Sources. 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 29.......................... Leaks from Petroleum 11/29/94 01/26/96 Refinery Equipment. 61 FR 2419 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 30.......................... Petroleum Liquid 11/29/94 01/26/96 Storage in External 61 FR 2419 Floating Roof Tanks. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 31.......................... Petroleum Liquid 11/29/94 01/26/96 Storage Fixed Roof 61 FR 2419 Tanks. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 32.......................... Leaks from Natural Gas/ 11/29/94 01/26/96 Gasoline Processing 61 FR 2419 Equipment. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 33.......................... Solvent Metal Cleaning 11/11/01 11/22/02 and Drying. 67 FR 70315 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 34.......................... Cutback and Emulsified 1/11/93 5/3/95 Asphalt. 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 35.......................... Manufacture of 11/29/94 01/26/96 Synthesized 61 FR 2419 Pharmaceutical Products. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 36.......................... Stage II Vapor Recovery 1/11/93 6/10/94 59 FR 29956 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 37.......................... Graphic Arts Systems... 11/29/94 01/26/96 61 FR 2419 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 38.......................... Petroleum Solvent Dry 1/11/93 5/3/95 Cleaners. 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 39.......................... Perchloroethylene Dry 1/11/93 5/3/95 Cleaning. 60 FR 21707 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 40.......................... Leaks from Synthetic 1/11/93 5/3/95 Organic Chemical, 60 FR 21707 Polymer, and Resin Manufacturing Equipment. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 41.......................... Manufacture of High- 1/11/93 5/3/95 Density Polyethylene, 60 FR 21707 Polypropylene and Polystyrene Resins. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 42.......................... Air Oxidation Processes 1/11/93 5/3/95 in the Synthetic 60 FR 21707 Organic Chemical Manufacturing Industry. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 43.......................... Bulk Gasoline Marine 11/29/94 01/26/96 Tank Vessel Loading 61 FR 2419 Facilities. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 44.......................... Batch Processing 11/29/94 01/26/96 Operations. 61 FR 2419 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 45.......................... Industrial Cleaning 11/29/94 01/26/96 Solvents. 61 FR 2419 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 47.......................... Offset Lithographic 11/29/94 05/14/97 Printing. 62 FR 26399 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 48.......................... Reactor Processes and 11/29/94 01/26/96 Distillation 61 FR 2419 Operations in the Synthetic Organic Chemical Manufacturing Industry. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 49.......................... Control of Volatile 11/29/94 01/26/96 Organic Compound 61 FR 2419 Emissions from Volatile Organic Liquid Storage Vessels. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 50.......................... Other Facilities that 11/29/94 03/12/97 EPA effective date for Sections 50(a)(5) and Emit Volatile Organic 62 FR 11329 50(b)(3) is 5/1/98 Compounds (VOCs). -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``A''...................... Test Methods and 11/29/94 01/26/96 Compliance Procedures: 61 FR 2419 General Provisions. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``B''...................... Test Methods and 1/11/93 5/3/95 Compliance Procedures: 60 FR 21707 Determining the Volatile Organic Compound (VOC) Content of Coatings and Inks. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``C''...................... Test Methods and 1/11/93 5/3/95 Compliance Procedures: 60 FR 21707 Alternative Compliance Methods for Surface Coating. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``D''...................... Test Methods and 11/29/94 01/26/96 Compliance Procedures: 61 FR 2419 Emission Capture and Destruction or Removal Efficiency and Monitoring Requirements. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``E''...................... Test Methods and 1/11/93 5/3/95 Compliance Procedures: 60 FR 21707 Determining the Destruction or Removal Efficiency of a Control Device. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``F''...................... Test Methods and 1/11/93 5/3/95 Compliance Procedures: 60 FR 21707 Leak Detection Methods for Volatile Organic Compounds (VOCs). -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``G''...................... Performance 1/11/93 5/3/95 Specifications for 60 FR 21707 Continuous Emissions Monitoring of Total Hydrocarbons. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``H''...................... Quality Control 1/11/93 5/3/95 Procedures for 60 FR 21707 Continuous Emission Monitoring Systems (CEMS). -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``I''...................... Method to Determine 11/29/94 01/26/96 Length of Rolling 61 FR 2419 Period for Liquid- Liquid Material Balance Method. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``J''...................... Procedures for 1/11/93 6/10/94 Implementation of 59 FR 29956 Regulations Covering Stage II Vapor Recovery Systems for Gasoline Dispensing Facilities. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``J1''..................... Certified Stage II 1/11/93 6/10/94 Vapor Recovery Systems. 59 FR 29956 -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``J2''..................... Pressure Decay/Leak 1/11/93 6/10/94 Test Procedure for 59 FR 29956 Verification of Proper Functioning of Stage I & Stage II Vapor Recovery Equipment. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``J3''..................... Dynamic Backpressure 1/11/93 6/10/94 (Dry) Test and Liquid 59 FR 29956 Blockage (Wet) Test Procedure for Verification of Proper Functioning of Stage II Vapor Balance Recovery Systems. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``K''...................... Emission Estimation 11/29/94 01/26/96 Methodologies. 61 FR 2419 -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``L''...................... Method to Determine 11/29/94 01/26/96 Total Organic Carbon 61 FR 2419 for Offset Lithographic Solutions. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``M''...................... Test Method for 11/29/94 01/26/96 Determining the 61 FR 2419 Performance of Alternative Cleaning Fluids. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 25_Requirements for Preconstruction Review -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 1/1/93 (As 2/7/01 Excluding § § 1.2, 1.6, 1.9(L), 1.9(M), Revised 66 FR 9211 1.9(N), 1.9(O), which relate to Prevention of 5/1/99) Significant Deterioration. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Emission Offset 1/1/93 (As 2/7/01 Provisions (EOP). Revised 66 FR 9211 5/1/99) -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Prevention of 5/15/90 01/27/93 Significant 58 FR 26689 Deterioration of Air Quality. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 26_Motor Vehicle Emissions Inspection Program -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Applicability and 2/12/01 11/27/03 Regulation 26 provisions apply to Sussex County Definitions. 68 FR 66343 only, effective November 1, 1999. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... General Provisions..... 2/12/01 11/27/03 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Registration 5/9/85 12/08/86 Requirement. 51 FR 44068 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Exemptions............. 2/12/01 11/27/03 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Enforcement............ 7/6/82 10/17/83 48 FR 46986 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... Compliance, Waivers, 2/12/01 11/27/03 Extensions of Time. 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 7........................... Inspection Facility 7/6/82 10/17/83 Requirements. 48 FR 46986 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 8........................... Certification of Motor 7/6/82 10/17/83 Vehicle Officers. 48 FR 46986 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 9........................... Calibration and Test 2/12/01 11/27/03 Procedures and 68 FR 66343 Approved Equipment. -------------------------------------------------------------------------------------------------------------------------------------------------------- Technical Memorandum 1.............. Delaware Division of 2/12/01 11/27/03 Motor Vehicles Vehicle 68 FR 66343 Exhaust Emissions Test. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 27_Stack Heights -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 4/18/83 09/21/83 48 FR 42979 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Definitions Specific to 12/7/88 06/29/90 this Regulation. 55 FR 26689 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Requirements for 2/18/87 06/29/90 Existing and New 55 FR 26689 Sources. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Public Notification.... 2/18/87 06/29/90 55 FR 26689 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 31_Low Enhanced Inspection and Maintenance Program -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Applicability.......... 10/11/01 11/27/03 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Low Enhancement I/M 10/11/01 1/27/03 performance standard. 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Network Type and 10/11/01 11/27/03 program evaluation. 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Test Frequency and 6/11/99 9/30/99 Convenience. 64 FR 52657 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Vehicle Coverage....... 10/11/01 11/27/03 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... Test Procedures and 10/11/01 11/27/03 Standards. 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 7........................... Waivers and Compliance 10/11/01 11/27/03 via Diagnostic 68 FR 66343 Inspection. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 8........................... Motorist Compliance 10/11/01 11/27/03 Enforcement. 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 9........................... Enforcement Against 10/11/01 11/27/03 Operators and Motor 68 FR 66343 Vehicle Techniques. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 10.......................... Improving Repair 8/13/98 9/30/99 Effectiveness. 64 FR 52657 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 11.......................... Compliance with Recall 8/13/98 9/30/99 Notices. 64 FR 52657 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 12.......................... On-Road Testing........ 8/13/98 9/30/99 64 FR 52657 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 13.......................... Implementation 10/11/01 11/27/03 Deadlines. 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 1(d)....................... Commitment to Extend 8/13/98 9/30/99 the I/M Program to the 64 FR 52657 Attainment Date From Secretary Tulou to EPA Administrator W. Michael McCabe. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 3(a)(7).................... Exhaust Emission Limits 8/13/98 9/30/99 According to Model 64 FR 52657 Year. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 3(c)(2).................... VMASTM Test Procedure.. 6/11/99 9/30/99 64 FR 52657 -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 4(a)....................... Sections from Delaware 8/13/98 9/30/99 Criminal and Traffic 64 FR 52657 Law Manual. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 5(a)....................... Division of Motor 8/13/98 9/30/99 Vehicles Policy on Out 64 FR 52657 of State Renewals. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 5(f)....................... New Model Year Clean 10/11/01 11/27/03 Screen. 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 6(a)....................... Idle Test Procedure.... 10/11/01 11/27/03 68 FR 66343 -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 6(a)(5).................... Vehicle Emission Repair 8/13/98 9/30/99 Report Form. 64 FR 52657 -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 6(a)(8).................... Evaporative System 10/11/01 11/27/03 Integrity (Pressure) 68 FR 66343 Test. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 6(a)(9).................... Onboard Diagnostic Test 10/11/01 11/27/03 Procedure OBD II Test 68 FR 66343 Procedure. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 7(a)....................... Emission Repair 8/13/98 9/30/99 Technician 64 FR 52657 Certification Process. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 8(a)....................... Registration Denial 8/13/98 9/30/99 System Requirements 64 FR 52657 Definition. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix 9(a)....................... Enforcement Against 10/11/01 11/27/03 Operators and 68 FR 66343 Inspectors. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 35_Conformity of General Federal Actions to the State Implementation Plans -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Purpose................ 8/14/96 7/15/97 62 FR 37722 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Definitions............ 8/14/96 07/15/97 62 FR 37722 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Applicability.......... 8/14/96 07/15/97 62 FR 37722 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Conformity Analysis.... 8/14/96 07/15/97 62 FR 37722 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Reporting Requirements. 8/14/96 07/15/97 62 FR 37722 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... Public Participation 8/14/96 07/15/97 and Consultation. 62 FR 37722 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 7........................... Frequency of Conformity 8/14/96 07/15/97 Determinations. 62 FR 37722 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 8........................... Criteria for 8/14/96 07/15/97 Determining Conformity 62 FR 37722 of General Federal Actions. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 9........................... Procedures for 8/14/96 07/15/97 Conformity 62 FR 37722 Determinations of General Federal Actions. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 10.......................... Mitigation of Air 8/14/96 07/15/97 Quality Impacts. 62 FR 37722 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 11.......................... Savings Provision...... 8/14/96 07/15/97 62 FR 37722 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 37_NOX Budget Program -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... General Provisions..... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Applicability.......... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Definitions............ 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Allowance Allocation... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... Permits................ 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... Establishment of 12/11/99 3/9/00 Compliance Accounts. 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 7........................... Establishment of 12/11/99 3/9/00 General Accounts. 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 8........................... Opt In Provisions...... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 9........................... New Budget Source 12/11/99 3/9/00 Provisions. 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 10.......................... NOX Allowance Tracking 12/11/99 3/9/00 System (NATS). 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 11.......................... Allowance Transfer..... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 12.......................... Allowance Banking...... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 13.......................... Emission Monitoring.... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 14.......................... Recordkeeping.......... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 15.......................... Emissions Reporting.... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 16.......................... End-of-Season 12/11/99 3/9/00 Reconciliation. 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 17.......................... Compliance 12/11/99 3/9/00 Certification. 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 18.......................... Failure to Meet 12/11/99 3/9/00 Compliance 65 FR 12481 Requirements. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 19.......................... Program Audit.......... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 20.......................... Program Fees........... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix ``A''...................... NOX Budget Program..... 12/11/99 3/9/00 65 FR 12481 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 39_Nitrogen Oxides (NOX) Budget Trading Program -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Purpose................ 12/11/00 5/17/01 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Emission Limitation.... 12/11/00 5/17/01 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Applicability.......... 12/11/00 5/17/01 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 4........................... Definitions............ 12/11/00 5/17/01 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 5........................... General Provisions..... 12/11/00 5/17/01 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 6........................... NOX Authorized Account 12/11/00 5/17/01 Representative for NOX 66 FR 27459 Budget Sources. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 7........................... Permits................ 12/11/00 5/17/01 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 8........................... Monitoring and 12/11/00 5/17/01 Reporting. 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 9........................... NATS................... 12/11/00 5/17/01 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 10.......................... NOX Allowance Transfers 12/11/00 5/17/01 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 11.......................... Compliance 12/11/00 5/17/01 Certification. 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section12........................... End-of-Season 12/11/00 5/17/01 Reconciliation. 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 13.......................... Failure to Meet 12/11/00 5/17/01 Compliance 66 FR 27459 Requirements. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 14.......................... Individual Unit Opt-Ins 12/11/00 5/17/01 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 15.......................... General Accounts....... 12/11/00 5/17/01 66 FR 27459 -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix A.......................... Allowance Allocations 12/11/00 5/17/01 to NOX Budget Units 66 FR 27459 Under Section 3(a)(1)(i) and 3(a)(1)(ii) of sRegulation No. 39. -------------------------------------------------------------------------------------------------------------------------------------------------------- Appendix B.......................... Regulation No. 12/11/00 5/17/01 37_Regulation No. 39 66 FR 27459 Program Transition. -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 40_Delaware's National Low Emission Vehicle (NLEV) Regulation -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Applicability.......... 10/11/99 12/28/99 Issued on September 1, 1999 by Secretary's Order 64 FR 72564 No. 99-A-0046. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Definitions............ 10/11/99 12/28/99 64 FR 72564 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Program Participation.. 10/11/99 12/28/99 64 FR 72564 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 41_Limiting Emissions of Volatile Organic Compounds From Consumer and Commercial Products -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Architectural and 03/11/02 11/22/02 Industrial Maintenance 67 FR 70315 Coatings. -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 2........................... Commercial Products.... 01/11/02 11/22/02 67 FR 70315 -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 3........................... Portable Fuel 11/11/01 11/22/02 Containers. 67 FR 70315 -------------------------------------------------------------------------------------------------------------------------------------------------------- Regulation 42_Specific Emission Control Requirements -------------------------------------------------------------------------------------------------------------------------------------------------------- Section 1........................... Control of (NOX) 12/11/01 11/22/02 Emissions from 67 FR 70315 Nitrogen Industrial Boilers. -------------------------------------------------------------------------------------------------------------------------------------------------------- (d) EPA approved State source specific requirements. EPA-Approved Regulations in the Delaware SIP -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Additional explanation date -------------------------------------------------------------------------------------------------------------------------------------------------------- Getty Oil Co........................ 75-A-4................. 8/5/75 3/7/79 52.420(c)(11). 44 FR 12423 -------------------------------------------------------------------------------------------------------------------------------------------------------- Phoenix Steel Co._Electric Arc 77-Ac-8................ 12/2/77 7/30/79 52.420(c)(12). Furnaces Charging & Tapping #2. 44 FR 25223 -------------------------------------------------------------------------------------------------------------------------------------------------------- Delmarva Power & Light_Indian 89-A-7/ APC 89/197..... 2/15/89 1/22/90 52.420(c)(38). River. 55 FR 2067 -------------------------------------------------------------------------------------------------------------------------------------------------------- SPI Polyols, Inc.................... Secretary's Order No. 07/11/00 6/14/01 Polyhydrate Alcohol's Catalyst Regenerative 2000-A-0033. 66 FR 32231 Process_Approved NOX RACT Determination. -------------------------------------------------------------------------------------------------------------------------------------------------------- Citisteel........................... Secretary's Order No. 07/11/00 6/14/01 Electric Arc Furnace_Approved NOX RACT 2000-A-0033. 66 FR 32231 Determination. -------------------------------------------------------------------------------------------------------------------------------------------------------- General Chemical Corp............... Secretary's Order No. 07/11/00 6/14/01 (1) Sulfuric Acid Process & Interstage 2000-A-0033. 66 FR 32231 Absorption System. ........... ......................... (2) Metallic Nitrite Process_Approved NOX RACT Determinations. -------------------------------------------------------------------------------------------------------------------------------------------------------- (e) EPA-approved non-regulatory and quasi-regulatory material. ---------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP Applicable submittal EPA approval date Additional explanation revision geographic area date ---------------------------------------------------------------------------------------------------------------- Commitment to adopt a clean fuel Philadelphia- 2/26/93 9/29/93 52.422 (b). fleet program. Wilmington- 58 FR 50846 Trenton Ozone Nonattainment Area. ---------------------------------------------------------------------------------------------------------------- 1990 Base Year Emissions Philadelphia- 5/27/94 1/24/96 52.423 Inventory. Wilmington- 61 FR 1838 VOC, CO, NOX. Trenton Ozone Nonattainment Area. ---------------------------------------------------------------------------------------------------------------- 15% Rate of Progress Plan....... Philadelphia- 2/17/95 10/12/99 52.426(a). Wilmington- 64 FR 55139 Trenton Ozone Nonattainment Area. ---------------------------------------------------------------------------------------------------------------- Post-1996 Rate of Progress Plan Philadelphia- 12/29/97 10/29/01 52.426(b). & contingency measures. Wilmington- 6/17/99 66 FR 54598 Trenton Ozone 2/3/00 Nonattainment 12/20/00 Area. ---------------------------------------------------------------------------------------------------------------- Ozone Attainment Plan Philadelphia- 5/22/98 10/29/01 52.426(c). Demonstration & enforceable Wilmington- 10/8/98 66 FR 54598 commitments. Trenton Ozone 1/24/00 Nonattainment 12/20/00 Area. 10/9/01 9/2/03 12/5/03 68 FR 6794 ---------------------------------------------------------------------------------------------------------------- Mobile budgets.................. Kent & New *1/5/98 10/29/01 52.426(d), (e). Castle Counties. *5/28/98 66 FR 54598 2/3/00 12/20/00 9/2/03 12/5/03 68 FR 67948 ---------------------------------------------------------------------------------------------------------------- Photochemical Assessment Philadelphia- 3/24/94 9/11/95 52.430. Monitoring Stations (PAMS) Wilmington- 60 FR 47081 Program. Trenton Ozone Nonattainment Area. ---------------------------------------------------------------------------------------------------------------- Small Business stationary source Statewide......... 5/16/95 5/17/94 52.460. technical and environmental 59 FR 25771 compliance assistance program. ---------------------------------------------------------------------------------------------------------------- Commitment to establish an Statewide......... 3/19/80 5/15/81 52.465(c)(15). ambient air quality monitoring 46 FR 26767 network. ---------------------------------------------------------------------------------------------------------------- Commitment to use available New Castle County. 8/15/79 9/30/81 52.465(c)(19). grants and funds to provide for 46 FR 47777 basic transportation needs.. ---------------------------------------------------------------------------------------------------------------- Executive order pertaining to Statewide......... 8/7/78 9/29/81 52.465(c)(22). financial disclosures by State 46 FR 47544 officials [CAA Section 128]. ---------------------------------------------------------------------------------------------------------------- Lead (Pb) SIP................... Statewide......... 12/23/80 9/10/81 52.465(c)(24). 46 FR 45160 ---------------------------------------------------------------------------------------------------------------- Procedures to notify EPA of PSD Statewide......... 2/27/81 3/15/82 52.465(c)(29). sources locating within 100 km 47 FR 11014 of a Class I PSD area. ---------------------------------------------------------------------------------------------------------------- * (rec'd). [63 FR 67410, Dec. 7, 1998, as amended at 64 FR 12087, Mar. 11, 1999; 64 FR 32189, June 16, 1999; 64 FR 48963, Sept. 9, 1999; 64 FR 52659, Sept. 30, 1999; 65 FR 2051, Jan. 13, 2000; 65 FR 12483, Mar. 9, 2000; 66 FR 9211, Feb. 7, 2001; 66 FR 27462, May 17, 2001; 66 FR 32234, June 14, 2001; 67 FR 70316, Nov. 22, 2002; 69 FR 34287, June 21, 2004; 70 FR 65849, Nov. 1, 2005] § 52.421 Classification of regions. top The Delaware plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Metropolitan Philadelphia Interstate................. I I III I I Southern Delaware Intrastate......................... III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10856, May 31, 1972, as amended at 39 FR 16345, May 8, 1974] § 52.422 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves Delaware's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of part D, title 1, of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980, for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. (b) Letter of February 26, 1993, from the Delaware Department of Natural Resources and Environmental Control transmitting a commitment to adopt either the Federal clean fuel fleet program or an alternative substitute program by May 15, 1994. [45 FR 14558, Mar. 6, 1980, as amended at 58 FR 50848, Sept. 29, 1993] § 52.423 1990 Base Year Emission Inventory. top EPA approves as a revision to the Delaware State Implementation Plan the 1990 base year emission inventories for the Delaware ozone nonattainment areas submitted by the Secretary of the Department of Natural Resources and Environmental Control on May 27, 1994. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories in area for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX). [61 FR 1841, Jan. 24, 1996] § 52.424 Conditional approval. top (a)–(d) [Reserved] [62 FR 27197–27199, May 19, 1997, as amended at 63 FR 1368, Jan. 9, 1998; 63 FR 16435, Apr. 3, 1998; 64 FR 32189, June 16, 1999; 64 FR 52660, Sept. 30, 1999; 64 FR 55141, Oct. 12, 1999; 66 FR 9211, Feb. 7, 2001; 66 FR 32234, June 14, 2001] § 52.425 [Reserved] top § 52.426 Control strategy plans for attainment and rate-of-progress: ozone. top (a) EPA fully approves, as a revision to the Delaware State Implementation Plan, the 15 Percent Rate of Progress Plan for the Delaware portion of the Philadelphia-Wilmington-Trenton severe ozone nonattainment, namely Kent and New Castle Counties, submitted by the Secretary of Delaware Department of Natural Resources and Environmental Control on February 17, 1995. (b)(1) EPA approves revisions to the Delaware State Implementation Plan consisting of the Post 1996 ROP plans for milestone years 1999, 2002, and 2005 for the Delaware portion of the Philadelphia-Wilmington-Trenton severe ozone nonattainment area, namely Kent and New Castle Counties. These revisions were submitted by the Secretary of Delaware Department of Natural Resources and Environmental Control on December 29, 1997, and revised on June 17, 1999, February 3, 2000, and December 20, 2000. (2) EPA approves Delaware's contingency plans for failure to meet ROP in the Delaware portion of the Philadelphia-Wilmington-Trenton severe ozone nonattainment area, namely Kent and New Castle Counties, for milestone years 1999, 2002 and 2005. These revisions were submitted by the Secretary of Delaware Department of Natural Resources and Environmental Control on December 29, 1997, June 17, 1999, February 3, 2000, and December 20, 2000. (c) EPA approves the attainment demonstration SIP for the Philadelphia-Wilmington-Trenton area submitted by the Secretary of the Delaware Department of Natural Resources and Environmental Control on May 22, 1998, and amended October 8, 1998, January 24, 2000, December 20, 2000, and October 9, 2001 including its RACM analysis and determination. EPA is approving the enforceable commitments made to the attainment plan for the Philadelphia-Wilmington-Trenton severe ozone nonattainment area submitted by the Secretary of Delaware Department of Natural Resources and Environmental Control on January 24, 2000 and December 20, 2000. The enforceable commitments are to: (1) Submit measures by October 31, 2001 for additional emission reductions as required in the attainment demonstration test, and to revise the SIP and motor vehicle emissions budgets by October 31, 2001 if the additional measures affect the motor vehicle emissions inventory, (2) [Reserved] (3) Perform a mid-course review by December 31, 2003. (d) EPA is approving the following mobile budgets, explicitly quantified as sub-budgets for each of Kent and New Castle Counties, of the Post 1996 ROP Plans and the 1–Hour Ozone Attainment Demonstration Plan: Transportation Conformity Emission Budgets for the Delaware Portion of the Philadelphia Area ---------------------------------------------------------------------------------------------------------------- Kent County New Castle County Effective date of -------------------------------------------- adequacy Type of control strategy SIP Year determination or SIP VOC NOX VOC NOX approval ---------------------------------------------------------------------------------------------------------------- Post-1996 ROP Plan................ 1999 7.55 11.17 22.49 29.41 April 29, 1999, (64 FR 31217, published June 10, 1999). Post-1996 ROP Plan................ 2002 6.30 9.81 18.44 27.29 June 23, 2000, (65 FR 36440, published June 8, 2000). Post-1996 ROP Plan................ 2005 4.84 7.90 14.76 22.92 May 2, 2001, (66 FR 19769, published April 17, 2001). Attainment Demonstration.......... 2005 5.14 8.42 15.08 21.28 SIP approval on December 5, 2003; Effective on February 3, 2004. ---------------------------------------------------------------------------------------------------------------- (1)–(2) [Reserved] (e) EPA approves Delaware's revised 2005 VOC and NOX motor vehicle emission budgets for the 1-hour ozone attainment plan for the Delaware portion of the Philadelphia-Wilmington-Trenton severe ozone nonattainment area as a SIP revision. The revisions were submitted by the Delaware Department of Natural Resources and Environmental Control on September 2, 2003. Submittal of these revised MOBILE6-based motor vehicle emissions budgets was a requirement of EPA's approval of the attainment demonstration under paragraph (c) of this section. [64 FR 55141, Oct. 12, 1999, as amended at 66 FR 54614, Oct. 29, 2001; 68 FR 67952, Dec. 5, 2003] §§ 52.427-52.429 [Reserved] top § 52.430 Photochemical Assessment Monitoring Stations (PAMS) Program. top On March 24, 1994 the Delaware Department of Natural Resources & Environmental Control submitted a plan for the establishment and implementation of a Photochemical Assessment Monitoring Stations (PAMS) Program as a state implementation plan (SIP) revision, as required by section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and made it part of the Delaware SIP. As with all components of the SIP, Delaware must implement the program as submitted and approved by EPA. [60 FR 47084, Sept. 11, 1995] § 52.431 [Reserved] top § 52.432 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulation for preventing significant deterioration of air quality. The provisions of §52.21(l)(2) and (p) are hereby incorporated and made a part of the applicable State plan for the State of Delaware. (c) Pursuant to 40 CFR 52.21(u) full delegation of authority for all portions of the Federal PSD program, as described in 40 CFR 52.21, was relinquished to the State of Delaware as of June 15, 1981. All applications submitted as of that date and supporting information required pursuant to §52.21 from sources located in the State of Delaware shall be submitted to: Delaware Department of Natural Resources and Environmental Control, Air Resources Section, Division of Environmental Control, Edward Tatnall Building, P.O. Box 1401, Dover, Delaware 19901. [45 FR 52741, Aug. 7, 1980, and 46 FR 31262, June 15, 1981, as amended at 47 FR 11014, Mar. 15, 1982] § 52.433 Requirements for state implementation plan revisions relating to new motor vehicles. top Delaware must comply with the requirements of §51.120. [60 FR 4737, Jan. 24, 1995] § 52.460 Small business stationary source technical and environmental compliance assistance program. top (a) On January 11, 1993, the Director of the Delaware Department of Natural Resources and Environmental Control submitted a plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program as a State Implementation Plan revision, as required by title V of the Clean Air Act. EPA approved the Small Business Stationary Source Technical and Environmental Compliance Assistance Program on May 17, 1994, and made it a part of the Delaware SIP. As with all components of the SIP, Delaware must implement the program as submitted and approved by EPA. [59 FR 25572, May 17, 1994] § 52.465 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of Delaware” and all revisions submitted by Delaware that were federally approved prior to July 1, 1998. (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Certification that public hearing was held on plan submitted on February 11, 1972, by the Department of Natural Resources and Environmental Control. (2) Information on the geometric standard deviations of air quality data submitted on March 7, 1972, by the Department of Natural Resources and Environmental Control. (3) Miscellaneous non-regulatory clarifications and amendments to the plan submitted on May 5, 1972, by the Department of Natural Resources and Environmental Control. (4) Specification of attainment dates submitted on June 2, 1972, by the Department of Natural Resources and Environmental Control. (5) Periodic stack sampling requirements submitted on June 5, 1972, by the Department of Natural Resources and Environmental Control. (6) Miscellaneous non-regulatory additions to the plan submitted on July 20, 1972, by the Delaware Water and Air Resource Commission. (7) Backup information for the attainment of the Secondary SO2 standards in New Castle County submitted on November 14, 1972, by the Department of Natural Resources and Environmental Control. (8) Backup information for the attainment of the Secondary SO2 standards in New Castle County submitted on December 19, 1972, by the Department of Natural Resources and Environmental Control. (9) Amendments to Regulations I through XIV inclusive of the Delaware Regulations Governing Air Pollution, and Amendments to the Delaware Environmental Protection Act; submitted on January 16, 1975 by the Delaware Department of Natural Resources and Environmental Control. (10) Amendments to Section V (Surveillance) of the Delaware State Implementation Plan and amendments to Section V (Surveillance) of the New Castle County Portion of the Delaware State Implementation Plan, covering changes to the air pollution monitoring system; submitted on September 3, 1975 by the Delaware Department of Natural Resources and Environmental Control. (11) A Consent Order for the Getty Oil Company and the Delmarva Power and Light Company submitted on August 5, 1975 by the Delaware Department of Natural Resources and Environmental Control. (12) Amendments to Regulations No. V, XIV, XVII, and a newly adopted Regulation No. XXIII (Standards of Performance for Steel Plants: Electric Arc Furnaces); and a Court of Chancery injunction to control charging and tapping emissions for the Phoenix Steel Corporation's plant in Claymont, Delaware submitted on December 2, 1977 and October 5, 1978, respectively, by the Department of Natural Resources and Environmental Control. (13) On May 3, 1979, the Governor submitted the nonattainment area plan for New Castle County with respect to ozone. (14) A revision submitted by the State of Delaware on October 5, 1978 to eliminate certain outdated requirements relating to Regulations V and XVIII and correction of typographical errors relating to Regulations III, VIII, and XV. (15) A revision submitted by the State of Delaware on March 19, 1980 which is intended to establish an Ambient Air Quality Monitoring Network. (16) Revisions to Delaware's Regulations I, II, III, IV, VIII, XII, XIV, XV, and XVII submitted by the Delaware Department of Natural Resources and Environmental Control on March 19, 1980. (17) A revision submitted by the State of Delaware on September 7, 1977, consisting of an amendment to Delaware Regulations Governing Air Pollution, Regulation XVII, establishing continuous emission monitoring regulations. (18) A revision submitted by the District of Columbia on May 16, 1979 which is intended to establish an Ambient Air Quality Monitoring Network. (19) A commitment to use available grants and funds to establish, expand, and improve public transportation to meet basic transportation needs, submitted on August 15, 1979 by the Delaware Transportation Authority. (20) A revised schedule for implementation of Delaware's inspection and maintenance program submitted by September 10, 1980 by the Secretary, Delaware Department of Natural Resources and Environmental Control. (21) [Reserved] (22) A revision submitted by the State of Delaware on August 7, 1978 consisting of two Executive Orders for financial disclosure of certain State officials. (23) Amendments to Regulations I (Definitions) and XXIV (Control of Organic Compounds Emissions) submitted on December 23, 1980 by the Secretary, Delaware Department of Natural Resources and Environmental Control. (24) A State Implementation Plan for the Control of lead emissions submitted on December 23, 1980 by the Secretary, Delaware Department of Natural Resources and Environmental Control. (25) A revised schedule for implementation of Delaware's inspection and maintenance program submitted on December 29, 1980 by the Secretary, Delaware Department of Natural Resources and Environmental Control. (26) Amendments to Regulation II (Registration and Permits) and XIII (Open Burning) [non-regulatory] of the Delaware Regulations governing the Control of Air Pollution submitted on September 22, 1981 by the Secretary, Department of Natural Resources and Environmental Control. (27) Amendments to Section 9.4 (Surface Coating operations) and 13.2 (Dry Cleaning) of Regulation XXIV (Control of Volatile Organic Compound Emissions) of the Delaware Regulations governing the Control of Air Pollution submitted on September 22, 1981 by the Secretary, Department of Natural Resources and Environmental Control. (28) Amendments to Regulations I (Definitions) and XXV Section (Requirements for Preconstruction Review) pertaining to prevention of significant deterioration submitted on December 29, 1980 by the Secretary, Delaware Department of Natural Resources and Environmental Control. (29) A February 27, 1981 letter from the Delaware Department of Natural Resources and Environmental Control to EPA pertaining to procedures of notifying EPA of any PSD application for sources locating within 100 kilometers of a Class I PSD area, as well as ensuring EPA in any monitoring procedure, that the requirements of 40 CFR part 58 will be specified. (30) A revision submitted by the State of Delaware on October 14, 1982, consisting of amendments to Regulation No. II—Permits. (31) Plan Revision providing for attainment of the Ozone standard submitted by John E. Wilson, III to EPA on July 6, 1982. (32) Stack height regulation, public notification plan, and other miscellaneous revisions submitted to EPA on April 20, 1983. (33) A revision submitted by the State of Delaware on September 26, 1983 consisting of amendments to Section 2.3 of Regulation Number XIV, Section 2.3 of Regulation Number VII, and Section 9.7 and Table I(a) to Regulation Number XXIV of the Delaware Regulations Governing the Control of Air Pollution. (34) Revisions to the Delaware Regulations Governing the Control of Air Pollution were submitted by the Secretary on August 8, 1984. (i) Incorporation by reference. (A) Amendments to Regulations II (Permits); XIII (Open Burning); XIV (Visible Emissions); and XVII (Source Monitoring, Record Keeping and Reporting). (35) Revisions submitted by the State of Delaware on June 5, 1985 amending the State of Delaware Regulations Governing the Control of Air Pollution, Regulation Nos. VIII, XIII, and XXVI. (i) Incorporation by reference. (A) Revisions via Order No. 85–A–3 Exhibit A Amendment Nos. 2, 3, and 5, to the State of Delaware Regulations Governing the Control of Air Pollution, Regulations VIII sections 2.1–2.4, XIII section 1.2, and XXVI Table 2, pertaining to sulfur in fuel oil, open burning, and motor vehicle emission testing, respectively. These revisions were adopted by the Department of Natural Resources and Environmental Control on May 9, 1985. (ii) Additional information. (A) A letter dated July 9, 1985 from Secretary John E. Wilson, III to Mr. James M. Seif, withdrawing certain portions of the original SIP revision request pertaining to asbestos, New Source Performance Standards (Regulation No. XX), and Emission Standards for Hazardous Air Pollutants (Regulation No. XXI). (B) A letter dated July 9, 1986 from Mr. Robert R. French to Mr. James Sydnor withdrawing the request to delete the definitions of “Reconstruction” and “Capital Expenditure” from their new source review regulations (Regulations I and XXV). (36) [Reserved] (37) Revision submitted by the State of Delaware on March 6, 1987, consisting of amendment to Regulation II-Permits. (i) Incorporation by reference. State of Delaware Order No. 87–A–2 (Introduction, Findings of Fad and (1) of the order which amends section 2.7 of Regulation II) which was issued on February 18, 1987. (38) Revision to the Delaware State Implementation Plan incorporation of a Conciliatory Order, was submitted on May 31, 1989. The order is designed to reduce ambient sulfur dioxide levels around the Delmarva Power and Light Company's Indian River power plant. (i) Incorporation by reference. (A) Letter dated May 31, 1989 from the State of Delaware containing the Conciliatory Order for incorporation into the Delaware State Implementation Plan. (B) Conciliatory Order issued on May 31, 1989, for Delmarva Power and Light Company's Indian River power plant. (39) Revisions to the State Implementation Plan were submitted by the Delaware Department of Natural Resources and Environmental Control on March 6, 1987 (Secretary's Order No. 87–A–2). Revisions to the State Implementation Plan submitted by the Delaware Department of Natural Resources and Environmental Control on March 21, 1988 (Secretary's Order No. 89–A–5). (i) Incorporation by reference. (A) Letter received on March 6, 1987, from the Delaware Department of Natural Resources and Environmental Control submitting revisions to the State Implementation Plan for EPA approval (portions of Secretary Order No. 87–A–2). (B) Letter dated December 21, 1988, from the Delaware Department of Natural Resources and Environmental Control submitting revisions to the State Implementation Plan for EPA approval (portions of Secretary Order No. 89–A–5). (C) Only those portions of Secretary's Order No. 87–A–2 issued on February 18, 1987, which amend Regulation No. II, Stack Heights at sections 2.2, 2.3, 2.4, and 2.5, pertaining to the definitions of the terms excessive concentrations, nearby stack, and stack in existence; and at sections 3.1, 3.2, and 3.3, pertaining to the requirements for new and existing sources. (D) Only those portions of Secretary's Order No. 89–A–5, issued on December 7, 1988, which amend Regulation No. XXV, Requirements for Preconstruction Review, at section 3.9(A) and Regulation No. XXVII, Stack Heights at section 2 to include definitions of the terms emission limitation and emission standard. (40) [Reserved] (41) Revision submitted by the State of Delaware on April 28, 1988 amending the hydrocarbon motor vehicle emission testing standards in Regulation XXVI of the Delaware Regulations Governing the Control of Air Pollution. (i) Incorporation by reference. (A) Revisions via Order 88–A–2, exhibit A, parts A and B, which is an amendment to Table 2 of Technical Memorandum Number 2 entitled “Motor Vehicle Inspection and Maintenance Program Emission Limit Determination”. This revision was issued by the State on December 29, 1987. (42) Revisions to the State Implementation Plan submitted by the Delaware Department of Natural Resources and Environmental Control on December 12, 1985, pertaining to Delaware Regulation No. XXIV which includes an alternative RACT standard for the zinc-rich weld-through primer coating. (i) Incorporation by reference. (A) Letter from the Delaware Department of Natural Resources and Environmental Control dated December 12, 1985 submitting a revision to the Delaware State Implementation Plan, regarding changes to Regulation No. XXIV to remove the word “yearly” from Tables I and I(a) and to propose an alternative RACT standard for the zinc-rich primer coating. (B) Those portions of Exhibit 13 of Order No. 85–A–5 amending Regulation No. XXIV by 1) deleting the word “yearly” in Tables I and I(a) and (2) adopting 4.0 as the Reasonably Available Control Technology (RACT) emission limit for Zinc-rich Primer used in automobile surface coating. (ii) Additional materials. (A) Remainder of the State submittal. (43) Revision to the State Implementation Plan submitted by the Delaware Department of Natural Resources and Environmental Control on March 6, 1990, amending portions of Regulation XXVI (26) of the Delaware Regulations Governing the Control of Air Pollution by expanding the I/M program statewide, adopting CO cutpoints statewide, modifying the test procedures, and increasing the waiver cost repair limit. (i) Incorporation by reference. (A) Letter from the Delaware Department of Natural Resources and Environmental Control dated March 6, 1990 submitting a revision to the Delaware State Implementation Plan. (B) Sections 1, 2, 4 and 6 of Regulation XXVI (26), Motor Vehicle Emissions Inspection Program, of the Delaware Regulations Governing the Control of Air Pollution and the two (2) Technical Memoranda, Numbers 1 and 2, which are appendices to Regulation XXVI (26), of the Delaware Regulations Governing the Control of Air Pollution. (ii) Additional materials. Remainder of State submittal. (44) Revisions to the State Implementation Plan submitted by the Delaware Department of Natural Resources and Environmental Control on July 6, 1990. (i) Incorporation by reference. (A) A letter from the Delaware Department of Natural Resources and Environmental Control dated July 6, 1990 submitting a revision to the Delaware State Implementation Plan, effective July 3, 1990. (B) Regulation 1—Definitions and Administrative Principles. (C) Regulation 24—Section 1, General Provisions; section 6, Bulk Gasoline Plants; section 8, Petroleum Liquid Storage; section 9, Surface Coating Operations; section 14, Petroleum Refinery Component Leaks; and section 15, Rotogravure and Flexographic Printing. (45) Revisions to the State Implementation Plan submitted by the Delaware Department of Natural Resources and Environmental Control on March 9, 1990. (i) Incorporation by reference. (A) Letter from the Delaware Department of Natural Resources and Environmental Control dated March 6, 1990, submitting a revision to the Delaware State Implementation Plan. (B) The portion of Secretary Order 90–A–1 that amends Regulation II—Permits—Section 3.1.b.1; and Regulation XXV—Requirements for Preconstruction Review—Sections 1.9 (N) 1–4, 3.1, and 3.9. The amendments to Regulation II and Regulation XXV were adopted on January 31, 1990, and were effective on May 15, 1990, in the state of Delaware. (46) Revisions to the Delaware State Implementation Plan submitted on January 11, 1993 by the Delaware Department of Natural Resources & Environmental Control: (i) Incorporation by reference. (A) Letter of January 11, 1993 from the Delaware Department of Natural Resources & Environmental Control transmitting Regulation 24—“Control of Volatile Organic Compound Emissions”, effective January 11, 1993. (B) Regulation 24—“Control of Volatile Organic Compound Emissions”, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, and Appendices A, B, C, D, E, F, G, & H. (47) Revisions to the Delaware regulations for particulate matter (PM–10) submitted on April 26, 1988 by the Delaware Department of Natural Resources and Environmental Control: (i) Incorporation by reference. (A) Letter of April 26, 1988 from the Department of Natural Resources and Environmental Control transmitting a revision to the Delaware State implementation plan for particulate matter (PM–10) Group III areas. (B) Revisions via Order No. 88–A–5, exhibit A, and Table 1. The Order amends the following Delaware Regulations Governing the Control of Air Pollution: Regulation 1—“Definitions and Administrative Principles”; Regulation 3—“Ambient Air Quality Standards”; Regulation 15—“Air Pollution Alert and Emergency Plan”; and Regulation 25—“Requirements for Preconstruction Review”. The revisions were adopted on March 29, 1988 and became effective immediately. (ii) Additional materials. (A) Remainder of the State implementation plan revision submitted by the Delaware Department of Natural Resources and Environmental Control on April 26, 1988. (48) Revisions to the Delaware State Implementation Plan submitted on January 20, 1994 by the Delaware Department of Natural Resources & Environmental Control: (i) Incorporation by reference. (A) Letter of January 20, 1994 from the Delaware Department of Natural Resources & Environmental Control transmitting Regulation 24—Control of Volatile Organic Compound Emissions—Sections 50(a)(5) and 50(b)(3), effective November 24, 1993. (B) Regulation 24—Control of Volatile Organic Compound Emissions, Section 50—Other Facilities that Emit Volatile Organic Compounds—Sections 50(a)(5) and 50(b)(3)—Non-CTG RACT, effective November 24, 1993. (ii) Additional material. (A) Remainder of January 20, 1994 State submittal pertaining to Regulation 24, sections 50(a)(5) and 50(b)(30) referenced in paragraph (c)(48)(i) of this section. (49) Revisions to the Delaware State Implementation Plan submitted on February 17, 1995 by the Delaware Department of Natural Resources & Environmental Control: (i) Incorporation by reference. (A) Letter of February 17, 1995 from the Delaware Department of Natural Resources & Environmental Control transmitting Regulation 13—Open Burning, effective February 8, 1995. (B) Regulation 13—Open Burning, effective February 8, 1995. (C) Administrative changes to Regulation 1, Definitions and Administrative Principles: addition of the following definitions: “ceremonial fires”, “conservation practices”, “prescribed burning”, and “silviculture”; and revision to the following definitions: “open burning”, “rubbish”, and “trade waste” adopted February 8, 1995. (ii) Additional material. (A) Remainder of the February 17, 1995 State submittal pertaining to Regulation 13—Opening Burning referenced in paragraph (c)(49)(i) of this section. (50) Revisions to the Delaware State Implementation Plan submitted on January 11, 1993, by the Delaware Department of Natural Resources & Environmental Control: (i) Incorporation by reference. (A) Letter of January 11, 1993, from the Delaware Department of Natural Resources & Environmental Control submitting and requesting approval of Stage II Vapor Recovery Regulations for Gasoline Dispensing Facilities. (B) Addition of Section 36–Stage II Vapor Recovery and Appendix J–Procedures for Implementation of Regulations Covering Stage II Vapor Recovery Systems for Gasoline Dispensing Facilities to Regulation No. 24, “Control of Volatile Organic Compound Emissions.” Section 36 and Appendix J have an effective date of January 11, 1993. (ii) Additional materials. (A) Delaware Secretary's Order No. 93–00078, issued January 11, 1993, adopting Stage II Vapor Recovery Regulations in the State. (B) Remainder of the January 11, 1993, State submittal pertaining to Section 36 and Appendix J of Regulation No. 24, Stage II Vapor Recovery at Gasoline Dispensing Facilities. (51) Revisions to the Delaware State Implementation Plan submitted on January 20, 1994 by the Delaware Department of Natural Resources & Environmental Control: (i) Incorporation by reference. (A) Letter dated January 20, 1994, from the Delaware DNREC transmitting an amendment to Regulation 24, “Control of Volatile Organic Compound Emissions”, Section 43—“Other Facilities that Emit VOCs”, effective November 24, 1993. (B) Amendment to Regulation 24, “Control of VOC Emissions”, Section 43—“Other Facilities that Emit VOCs”, Sections 43(a)(1), 43(a)(2), 43(a)(3), 43(a)(4), 43(b)(1), 43(b)(2), 43(c), 43(d), 43(e), and 43(f). (ii) Additional material. (A) Remainder of January 11, 1993 and January 20, 1994 State submittal pertaining to Regulation 24 referenced in paragraphs (c)(46)(i) and (c)(51)(i) of this section. (iii) Additional Information. (A) These rules supersede paragraph (c)(44)(i)(C) of this section. (52) Revisions to the Delaware State Implementation Plan submitted by the Secretary, Delaware Department of Natural Resources and Environmental Control, on January 11, 1993. (i) Incorporation by reference. (A) Letter dated January 11, 1993 from the Secretary, Delaware Department of Natural Resources and Environmental Control, submitting a revision to the Delaware State Implementation Plan. (B) Amended section 2, Regulation 1 (Definitions and Administrative Principles). Amended section 1, and added new section 7 of Regulation 17 (Source Monitoring, Recordkeeping and Reporting). The amendments to Regulations 1 and 17, and the addition of section 7 of Regulation 17, were effective on January 11, 1993. This revision consists of an emission statement program for stationary sources which emit volatile organic compounds (VOC) and/or nitrogen oxides (NOX) at or above specified actual emission threshold levels. This program is applicable state-wide. (ii) Additional material. (A) Remainder of January 11, 1993 state submittal pertaining to Delaware Emission Statement Program. (53) Revisions to the Delaware Regulations on the control of volatile organic compound emissions from marine vessel transfer operations submitted on August 26, 1994 by the Delaware Department of Natural Resources & Environmental Control: (i) Incorporation by reference. (A) Letter of August 26, 1994 from the Delaware Department of Natural Resources & Environmental Control transmitting Regulation 24, “Control of Volatile Organic Compound Emissions”, by renumbering existing Section 43, “Other Facilities that Emit Volatile Organic Compounds,” to Section 50 and adding a new Section 43, “Bulk Gasoline Marine Tank Vessel Loading Facilities”. (B) Administrative changes to Section 50: renumbering existing Section 43 to Section 50, and Section 50(a)(1): renumbering 42 to 43; and the new Section 43, effective August 26, 1994. (ii) Additional material. (A) Remainder of August 26, 1994 State submittal pertaining to Regulation 24 referenced in paragraph (c)(53)(i) of this section. (54) Revisions to the Delaware State Implementation Plan submitted on December 19, 1994 by the Delaware Department of Natural Resources & Environmental Control: (i) Incorporation by reference. (A) Letter of December 19, 1994 from the Delaware Department of Natural Resources & Environmental Control transmitting Regulation 24—“Control of Volatile Organic Compound Emissions”, effective November 29, 1994. (B) Regulation 24—“Control of Volatile Organic Compound Emissions”, Sections 10, 11, 12, 44, 45, 48, and 49 and appendices I, K, L, and M, effective November 29, 1994. (C) Administrative changes to Regulation 24, Section 2—Definitions: Addition of sections 2(c) Basecoat; 2(j) Clearcoat; 2(x) Gloss flattener; 2(bb) Internal Floating Roof; 2(gg) Liquid-mounted seal; 2(ss) Petroleum; 2(tt) Petroleum Liquid; 2(xx) Primer; 2(jjj) Storage Vessel; 2(mmm) Transfer efficiency; 2(ppp) Vapor-mounted seal; and 2(ttt) Volatile Organic Liquid (VOL); and section 2(zz) by changing ASTM D323–89 to ASTM D323–82, effective November 29, 1994. (D) An Errata sheet of Regulation 24 with administrative changes to Section 4—4(b) by renumbering section 13 to 10 and section 22 to 23, 4(b)(1)(iii) by renumbering section 13 to 10 and section 22 to 23, 4(c) by renumbering section 22 to 23, 4(d) by renumbering section 22 to 23, 4(e) by renumbering section 13 to 10 and section 22 to 23, 4(e)(2)(iv) by adding the following lines: section 10(e)(1)(iii), section 11(d), section 12(e)(1)(iii), and section 23(e)(1)(iii), 4(e)(x) correcting 50 degrees F to 82 degrees F; Section 8—8(a)(2) by renumbering section 13 to 10; Section 21—21(a)(5) correcting the number 4 to 5; Section 25—25(c)(4)(vi) by changing calibrated to calculated; Section 29—29(i)(3)(i)(A) by correcting 0.09 to 0.044 in Hg, 29(i)(3)(i)(B) by correcting 0.09 to 0.044 in Hg; Section 30—30(b) by deleting definitions of liquid mounted seal and vapor mounted seal that were added in Section 2—Definitions; Section 31—31(b) by deleting definition of internal floating roof that was added to Section 2—Definitions, 31(e)(ii) by correcting letter i to ii; Section 33—33(f)(3) by correcting (c)(3)(i)(B) to (c)(3)(ii)(B), Section 35—35(c)(2)(i) by adding weight, 35(c)(3)(i) by adding by weight; Section 37—37(a)(1) by deleting of press ready ink; Section 43—43(a)(1) by renumbering section 13 to 10 and section 42 to 49; Appendix A—(a) by renumbering section 13(c)(1) or section 14 through 43 to section 19 through 50; Appendix D—(a)(2)(iii)(4) by deleting to be published, effective November 29, 1994. (ii) Additional material. (A) Remainder of December 19, 1994 State submittal pertaining to Regulation 24 referenced in paragraphs (c)(54)(i). (55) Revisions to the Delaware Regulations, Regulation 24, Section 47—Offset Lithographic Printing submitted on December 19, 1994 by the Delaware Department of Natural Resources & Environmental Control (DNREC): (i) Incorporation by reference. (A) Letter of December 19, 1994 from the Delaware DNREC transmitting Regulation 24, Section 47—Offset Lithographic Printing, effective November 29, 1994. (B) Regulation 24, Section 47—Offset Lithographic Printing, effective November 29, 1994. (ii) Additional material from Delaware's December 19, 1994 submittal pertaining to Section 47 of Regulation 24. (56)–(57) [Reserved] (58) Revisions to the Delaware State Implementation Plan on October 2, 1996 by the Delaware Department of Natural Resources & Environmental Control: (i) Incorporation by reference. (A) A letter of October 2, 1996 from the Delaware Department of Natural Resources & Environmental Control transmitting the General Conformity Rule. (B) Delaware Regulation 35—Conformity of General Federal Actions to the State Implementation Plans (General Conformity), effective August 14, 1996. (ii) Additional material from the Delaware's October 2, 1996 submittal pertaining to Regulation 35. [37 FR 10856, May 31, 1972. Redesignated at 63 FR 67410, Dec. 7, 1998] Editorial Note: For Federal Register citations affecting §52.465, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart J—District of Columbia top § 52.470 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for the District of Columbia under section 110 of the Clean Air Act (42 U.S.C. 7401) and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The material incorporated is as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates on or after August 1, 2005 will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region III certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of August 1, 2005. (3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 1301 Constitution Avenue NW., Room B108, Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA-approved regulations. EPA-Approved District of Columbia Regulations ---------------------------------------------------------------------------------------------------------------- State Additional State citation Title/subject effective date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- District of Columbia Municipal Regulations (DCMR), Title 20_Environment ---------------------------------------------------------------------------------------------------------------- Chapter 1_General ---------------------------------------------------------------------------------------------------------------- Section 100............ Purpose, Scope and 3/15/85 8/28/95, 60 FR 44431... Construction. Section 101............ Inspection............ 3/15/85 8/28/95, 60 FR 44431... Section 102............ Orders for Compliance. 3/15/85 8/28/95, 60 FR 44431... Section 104............ Hearings.............. 3/15/85 8/28/95, 60 FR 44431... Section 105............ Penalty............... 3/15/85 8/28/95, 60 FR 44431... Section 106............ Confidentiality of 3/15/85 8/28/95, 60 FR 44431... Reports. Section 107............ Control Devices or 3/15/85 8/28/95, 60 FR 44431... Practices. Section 199............ Definitions and 4/29/97 7/31/97, 62 FR 40937... Abbreviations. Section 199............ Definitions and 4/29/97 12/7/99, 62 FR 68293... Definitions of the Abbreviations. terms Actual emissions, allowable emissions, begin actual construction, commence, complete, major modification, necessary preconstruction approvals or permits, net emissions increase, new source, potential to emit, shutdown, and significant. Section 199............ Defintions and 12/8/00 5/9/01, 66 FR 23614.... defintion of Abbreviations. ``carrier''. Section 199............ Definitions and 4/16/04 12/28/04, 69 FR 77647.. Revised Definition of Abbreviations. Major Stationary Source. Section 8-2: 702....... Definitions; 7/7/72 9/22/72, 37 FR 19806... definition of ``stack''. Section 8-2: 724....... Variances............. 7/7/72 9/22/72, 37 FR 19806... ---------------------------------------------------------------------------------------------------------------- Chapter 2_General and Non-attainment Area Permits ---------------------------------------------------------------------------------------------------------------- Section 200............ General Permit 4/29/97 7/31/97, 62 FR 40937... Requirements. Section 201............ General Requirements 4/29/97 7/31/97, 62 FR 40937... for Permit Issuance. Section 202............ Modification, 4/29/97 7/31/97, 62 FR 40937... Revocation and Termination of Permits. Section 204............ Permit Requirements 4/16/04 12/28/04, 69 FR 77647.. Revised Paragraph for Sources Affecting 204.4. Nonattainment Areas. Section 206............ Notice and Comment 4/29/97 7/31/97, 62 FR 40937... Prior to Permit Issuance. Section 299............ Definitions and 4/29/97 7/31/97, 62 FR 40937... Abbreviations. Section 8-2:720(c)..... Permits to Construct 7/7/72 9/22/72, 37 FR 19806... Requirement for or Modify; Permits to Operating Permit. Operate. ---------------------------------------------------------------------------------------------------------------- Chapter 3_Operating Permits ---------------------------------------------------------------------------------------------------------------- Section 307............ Enforcement for Severe 4/16/04 12/28/04, 69 FR 77639.. Provision allowing for Ozone Nonattainment the District to Areas. collect penalty fees from major stationary sources if the nonattainment area does not attain the ozone standard by the statutory attainment date. ---------------------------------------------------------------------------------------------------------------- Chapter 4_Ambient Monitoring, Emergency Procedures, Chemical Accident Prevention and Conformity ---------------------------------------------------------------------------------------------------------------- Section 400............ Air Pollution 3/15/85 8/28/95, 60 FR 44431... Reporting Index. Section 401............ Emergency Procedures.. 3/15/85 8/28/95, 60 FR 44431... Section 403............ Determining Conformity 11/6/98 6/5/03, 68 FR 33638.... of Federal Actions to State or Federal Implementation Plans. Section 499............ Definitions and 3/15/85 8/28/95, 60 FR 44431... Abbreviations. ---------------------------------------------------------------------------------------------------------------- Chapter 5_Source Monitoring and Testing ---------------------------------------------------------------------------------------------------------------- Sections 500.1 through Records and Reports... 3/15/85 8/28/95, 60 FR 44431... 500.3. Sections 500.4, 500.5.. Records and Reports... 9/30/93 1/26/95, 60 FR 5134.... Section 500.6.......... Records and Reports... 9/30/93 10/27/99, 64 FR 57777.. Section 500.7.......... Records and 9/30/93 5/26/95, 60 FR 27944... Reports_Emission Statements. Section 501............ Monitoring Devices.... 3/15/85 8/28/95, 60 FR 44431... Sections 502.1 through Sampling, Tests and 3/15/85 8/28/95, 60 FR 44431... Exceptions: Paragraphs 502.15. Measurements. 5.11, 5.12 and 5.14 are not part of the SIP. Section 502.17......... Sampling Tests, and 9/30/93 10/27/99, 64 FR 57777.. Measurements. Section 502.18......... Sampling Tests, and 12/8/00 5/9/01, 66 FR 23614.... Measurements. Section 599............ Definitions and 9/30/93 10/27/99, 64 FR 57777.. Abbreviations. ---------------------------------------------------------------------------------------------------------------- Chapter 6_Particulates ---------------------------------------------------------------------------------------------------------------- Section 600............ Fuel-Burning 4/16/04 12/28/04, 69 FR 77645.. Revision to paragraph Particulate Emissions. 600.1. Section 601............ Rotary Cup Burners.... 3/15/85 8/28/95, 60 FR 44431... Section 602............ Incinerators.......... 3/15/85 8/28/95, 60 FR 44431... Section 603............ Particulate Process 3/15/85 8/28/95, 60 FR 44431... Emissions. Section 604............ Open Burning.......... 3/15/85 8/28/95, 60 FR 44431... Section 605............ Control of Fugitive 3/15/85 8/28/95, 60 FR 44431... Dust. Section 606............ Visible Emissions..... 3/15/85 8/28/95, 60 FR 44431... Section 699............ Definitions and 3/15/85 8/28/95, 60 FR 44431... Abbreviations. ---------------------------------------------------------------------------------------------------------------- Chapter 7_Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- Section 700............ Organic Solvents...... 3/15/85 10/27/99, 64 FR 57777.. Section 701.1 through Storage of Petroleum 3/15/85 10/27/99, 64 FR 57777.. 701.13. Products. Section 702............ Control of VOC leaks 3/15/85 10/27/99, 64 FR 57777.. from Petroleum Refinery Equipment. Section 703.2, 703.3... Terminal Vapor 3/15/85 10/27/99, 64 FR 57777.. Recovery_Gasoline or VOCs. Section 703.1, 703.4 Terminal Vapor 9/30/93 10/27/99, 64 FR 57777.. through 703.7. Recovery_Gasoline or VOCs. Section 704............ Stage I_Vapor Recovery 3/15/85 10/27/99, 64 FR 57777.. Section 705.1 through Stage II_Gasoline 9/30/93 10/27/99, 64 FR 57777.. 705.3. Vapor Recovery. Section 705.4 through Stage II_Gasoline 3/15/85 10/27/99, 64 FR 57777.. 705.14. Vapor Recovery. Section 706............ Petroleum Dry Cleaners 3/15/85 10/27/99, 64 FR 57777.. Section 707............ Perchloroethylene Dry 3/15/85 10/27/99 64 FR 57777... Cleaning. Section 708............ Solvent Cleaning 3/15/85 10/27/99, 64 FR 57777.. (Degreasing). Section 709............ Asphalt Operations.... 3/15/85 10/27/99, 64 FR 57777.. Section 710............ Engraving and Plate 3/15/85 8/4/92, 57 FR 34249.... Printing. Section 711............ Pumps and Compressors. 3/15/85 10/27/99, 64 FR 57777.. Section 712............ Waste Gas Disposal 3/15/85 10/27/99, 64 FR 57777.. from Ethylene Producing Plant. Section 713............ Waste Gas Disposal 3/15/85 10/27/99, 64 FR 57777.. from Vapor Blow-down System. Section 715............ Reasonably Available 4/16/04 12/28/04, 69 FR 77647.. Revised paragraphs Control Technology. 715.2, 715.3, and 715.4(b). Section 716............ Offset Lithography.... 10/2/98 10/27/99, 64 FR 57777.. Section 718............ Mobile Equipment 11/26/04 12/23/05, 69 FR 76855.. Repair and Refinishing. Section 719............ Consumer 4/16/04, 12/28/04, 69 FR 77642.. Products_General 11/26/04 Requirements. Section 720............ Consumer Products_VOC 4/16/04, 12/28/04, 69 FR 77642.. Standards. 11/28/04 Section 721............ Consumer 04/16/04, 12/28/04, 69 FR 77642.. Products_Exemptions 11/28/04 from VOC Standards. Section 722............ Consumer 04/16/04, 12/28/04, 69 FR 77642.. Products_Registered 11/28/04 Under FIFRA. Section 723............ Consumer 04/16/04, 12/28/04, 69 FR 77642.. Products_Products 11/28/04 Requiring Dilution. Section 724............ Consumer 04/16/04, 12/28/04, 69 FR 77642.. Products_Ozone 11/28/04 Depleting Compounds. Section 725............ Consumer 4/16/04, 12/28/04, 69 FR 77642.. Products_Aerosol 11/28/04 Adhesives. Section 726............ Consumer 4/16/04, 12/28/04, 69 FR 77642.. Products_Antiperspira 11/28/04 nts or Deodorants. Section 727............ Consumer 4/16/04, 12/28/04, 69 FR 77642.. Products_Charcoal 11/28/04 Lighter Materials. Section 728............ Consumer 4/16/04, 12/28/04, 69 FR 77642.. Products_Floor Wax 11/28/04 Strippers. Section 729............ Consumer 4/16/04, 12/28/04, 69 FR 77642.. Products_Labeling of 11/28/04 Contents. Section 730............ Consumer 4/16/04, 12/28/04, 69 FR 77642.. Products_Reporting 11/28/04 Requirements. Section 731............ Consumer Products_Test 4/16/04, 12/28/04, 69 FR 77642.. Methods. 11/28/04 Section 732............ Consumer 4/16/04, 12/28/04, 69 FR 77642.. Products_Alternative 11/28/04 Control Plans. Section 733............ Consumer 4/16/04, 12/28/04, 69 FR 77642.. Products_Innovative 11/28/04 Products Exemption. Section 734............ Consumer 4/16/04, 12/28/04, 69 FR 77642.. Products_Variance 11/28/04 Requests. Section 735............ Portable Fuel 4/16/04, 12/29/04, 69 FR 77903.. Containers and 11/26/04 Spouts_General Requirements. Section 736............ Portable Fuel 4/16/04, 12/29/04, 69 FR 77903.. Containers and 11/26/04 Spouts_Performance Standards. Section 737............ Portable Fuel 4/16/04 12/29/04, 69 FR 77903.. Containers and 11/26/04 Spouts_Exemptions From Performance Standards. Section 738............ Portable Fuel 4/16/04, 12/29/04, 69 FR 77903.. Containers and 11/26/04 Spouts_Labeling Requirements. Section 739............ Portable Fuel 4/16/04, 12/29/04, 69 FR 77903.. Containers and 11/26/04 Spouts_Testing Procedures. Section 740............ Portable Fuel 4/16/04, 12/29/04, 69 FR 77903.. Containers and 11/26/04 Spouts_Innovative Product Exemption. Section 741............ Portable Fuel 4/16/04, 12/29/04, 69 FR 77903.. Containers and 11/26/04 Spouts_Variance. Section 742............ Solvent 4/16/04, 12/29/04, 69 FR 77906.. Cleaning_General 11/26/04 Requirements. Section 743............ Solvent Cleaning_Cold 4/16/04, 12/29/04, 69 FR 77906.. Cleaning. 11/26/04 Section 744............ Solvent Cleaning_Batch 4/16/04, 12/29/04, 69 FR 77906.. Vapor Cleaning. 11/26/04 Section 745............ Solvent Cleaning_In- 4/16/04, 12/29/04, 69 FR 77906.. Line Vapor Cleaning. 11/26/04 Section 746............ Solvent 4/16/04, 12/29/04, 69 FR 77906.. Cleaning_Airless and 11/26/04 Air-Tight Cleaning. Section 747............ Solvent 4/16/04, 12/29/04, 69 FR 77906.. Cleaning_Alternative 11/26/04 Compliance. Section 748............ Solvent 4/16/04, 12/29/04, 69 FR 77906.. Cleaning_Recordkeepin 11/26/04 g and Monitoring. Section 749............ Architectural and 4/16/04, 5/12/05, 70 FR 24959... Correction FRN Industrial 11/26/04 published 5/19/05 (70 Maintenance FR 28988). Coating_General Requirements. Section 750............ Architectural and 4/16/04, 5/12/05, 70 FR 24959... Industrial 11/26/04 Maintenance Coating_Standards. Section 751............ Architectural and 4/16/04, 5/12/05, 70 FR 24959... Industrial 11/26/04 Maintenance Coating_Exemptions. Section 753............ Architectural and 4/16/04, 5/12/05, 70 FR 24959... Industrial 11/26/04 Maintenance Coating_Reporting Requirements. Section 754............ Architectural and 4/16/04, 5/12/05, 70 FR 24959... Industrial 11/26/04 Maintenance Coating_Testing Requirements. Section 799............ Definitions and 09/30/93 10/27/99, 64 FR 57777.. Abbreviations. ...................... 11/26/04 12/23/04, 69 FR 76855.. Definitions related to Section 718 ...................... 4/16/04 12/28/04, 69 FR 77642.. Definitions related to 11/26/04 Sections 719 through 734 ...................... 4/16/04, 12/29/04, 69 FR 77903.. Definitions related to 11/26/04 Sections 735 through 741 ...................... 4/16/04, 12/29/04, 69 FR 77906.. Definitions related to 11/26/04 Sections 742 through 748 ...................... 4/16/04, 5/12/05, 70 FR 24959... Definitions related to 11/26/04 Sections 748 through 754. Correction FRN published 5/19/05 (70 FR) 28988. ---------------------------------------------------------------------------------------------------------------- Chapter 8_Asbestos, Sulfur and Nitrogen Oxides ---------------------------------------------------------------------------------------------------------------- Section 801............ Sulfur Content of Fuel 3/15/85 8/28/95, 60 FR 44431... Oils. Section 802............ Sulfur Content of Coal 3/15/85 8/28/95, 60 FR 44431... Section 803............ Sulfur Process 3/15/85 8/28/95, 60 FR 44431... Emissions. Section 804............ Nitrogen Oxide 3/15/85 8/28/95, 60 FR 44431... Emissions. Section 805............ Reasonably Available 4/16/04 12/28/04, 69 FR 77645, Revised paragraphs Control Technology 69 FR 77647. 805.1(a), 805.1(a)(3) for Major Stationary and (4), 805.1(b) and Sources of Oxides of (c), 805.5(b) and Nitrogen. (c), 805.6, and 805.7. Section 899............ Definitions and 3/15/85 8/28/95, 60 FR 44431... Abbreviations. ---------------------------------------------------------------------------------------------------------------- Chapter 9_Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants ---------------------------------------------------------------------------------------------------------------- Section 904............ Oxygenated Fuels...... 7/25/97 5/9/01, 66 FR 23614.... Addition of subsection 904.3 to make the oxygenated gasoline program a CO continency measure. Section 915............ National Low Emissions 2/11/00 7/20/00, 65 FR 44981... Vehicle Program. Section 999............ Definitions and 2/11/00 7/20/00, 69 FR 44981... Abbreviations. ---------------------------------------------------------------------------------------------------------------- Chapter 10_Nitrogen Oxides Emissions Budget Program ---------------------------------------------------------------------------------------------------------------- Section 1000........... Applicability......... 12/8/00 12/22/00, 65 FR 80783.. Section 1001........... General Provisions.... 12/8/00 12/22/00, 65 FR 80783.. Section 1002........... Allowance Allocation.. 12/8/00 12/22/00, 65 FR 80783.. Section 1003........... Permits............... 12/8/00 12/22/00, 65 FR 80783.. Section 1004........... Allowance Transfer and 12/8/00 12/22/00, 65 FR 80783.. Use. Section 1005........... Allowance Banking..... 12/8/00 12/22/00, 65 FR 80783.. Section 1006........... NOX Allowance Tracking 12/8/00 12/22/00, 65 FR 80783.. system. Section 1007........... Emission Monitoring... 12/8/00 12/22/00, 65 FR 80783.. Section 1008........... Record Keeping........ 12/8/00 12/22/00, 65 FR 80783.. Section 1009........... Reporting............. 12/8/00 12/22/00, 65 FR 80783.. Section 1010........... End-of-Season 12/8/00 12/22/00, 65 FR 80783.. Reconciliation. Section 1011........... Compliance 12/8/00 12/22/00, 65 FR 80783.. Certification. Section 1012........... Penalties............. 12/8/00 12/22/00, 65 FR 80783.. Section 1013........... Program Audit......... 12/8/00 12/22/00, 65 FR 80783.. Section 1014........... NOX Budget Trading 5/1/01 11/1/01, 66 FR 55099... Program for State Implementation Plans. Section 1099........... Definitions and 12/8/00 12/22/00, 65 FR 80783.. Abbreviations. ---------------------------------------------------------------------------------------------------------------- Appendices ---------------------------------------------------------------------------------------------------------------- Appendix 1............. Emission Limits for 3/15/85 8/28/95, 60 FR 44431... Nitrogen Oxide. Appendix 2............. Table of Allowable 3/15/85 8/28/95, 60 FR 44431... Particulate Emissions from Process Sources. Appendix 3............. Graphic Arts Sources.. 3/15/85 8/28/95, 60 FR 44431... Appendix 5............. Test Methods for 09/30/93 10/27/99, 64 FR 57777.. Sources of Volatile Organic Compounds. ---------------------------------------------------------------------------------------------------------------- District of Columbia Municipal Regulations (DCMR), Title 18_Vehicles and Traffic ---------------------------------------------------------------------------------------------------------------- Chapter 4_Motor Vehicle Title and Registration ---------------------------------------------------------------------------------------------------------------- Section 411............ Registration of Motor 10/10/86 6/11/99, 64 FR 31498... Vehicles: General Provisions. Section 412............ Refusal of 10/17/97 6/11/99, 64 FR 31498... Registration. Section 413............ Application for 9/16/83 6/11/99, 64 FR 31498... Registration. Section 429............ Enforcement of 3/4/83 6/11/99, 64 FR 31498... Registration and Reciprocity Requirements. ---------------------------------------------------------------------------------------------------------------- Chapter 6_Inspection of Motor Vehicles ---------------------------------------------------------------------------------------------------------------- Section 600............ General Provisions.... 4/23/82 6/11/99, 64 FR 31498... Section 602............ Inspection Stickers... 3/15/85 6/11/99, 64 FR 31498... Section 603............ Vehicle Inspection: 6/29/74; 6/11/99, 64 FR 31498... Approved Vehicles. Recodified 4/1/ 81 Section 604............ Vehicle Inspection: 11/23/84 4/10/86, 51 FR 12322... Rejected Vehicles. Section 606............ Vehicle Inspecton: 6/29/74; 6/11/99, 64 FR 31498... Condemned Vehicles. Recodified 4/1/ 81 Section 607............ Placement of 4/7/77; 6/11/99, 64 FR 31498... Inspection Stickers Recodified 4/1/ on Vehicles. 81 Section 608............ Lost, Mutilated or 6/30/72; 6/11/99, 64 FR 31498... Detached Inspection Recodified 4/1/ Stickers. 81 Section 609............ Inspection of Non- 6/30/72; 6/11/99, 64 FR 31498... Registered Motor Recodified 4/1/ Vehicles. 81 Section 617............ Inspector 7/22/94 6/11/99, 64 FR 31498... Certification. Section 618............ Automotive Emissions 7/22/94 6/11/99, 64 FR 31498... Repair Technician. Section 619............ Vehicle Emission 10/17/97 6/11/99, 64 FR 31498... Recall Compliance. ---------------------------------------------------------------------------------------------------------------- Chapter 7_Motor Vehicle Equipment ---------------------------------------------------------------------------------------------------------------- Section 701............ Historic Motor 2/25/78; 6/11/99, 64 FR 31498... Vehicles. Recodified 4/1/ 81 Section 750............ Exhaust Emission 4/26/77; 6/11/99, 64 FR 31498... Systems. Recodified 4/1/ 81 Section 751............ Compliance with 7/22/94 6/11/99, 64 FR 31498... Exhaust Emission Standards. Section 752............ Maximum Allowable 10/17/97 6/11/99, 64 FR 31498... Levels of Exhaust Components. Section 753............ Inspection of Exhaust 5/23/83 4/10/86, 51 FR 12322... Emission Systems. Section 754............ Federal Transient 7/22/94 6/11/99, 64 FR 31498... Emissions Test: Testing Procedures. Section 755............ Federal Transient 7/22/94 6/11/99, 64 FR 31498... Emissions Test: Equipment. Section 756............ Federal Transient 7/22/94 6/11/99, 64 FR 31498... Emissions Test: Quality Assurance Procedures. ---------------------------------------------------------------------------------------------------------------- Chapter 11_Motor Vehicle Offenses and Penalties ---------------------------------------------------------------------------------------------------------------- Section 1101........... Offenses Related to 6/30/72; 6/11/99, 64 FR 31498... Title, Registration, Recodified 4/1/ and Identification 81 Tags. ---------------------------------------------------------------------------------------------------------------- Section 1103........... Offenses Related to 6/30/72; 6/11/99, 64 FR 31498... Inspection Stickers. Recodified 4/1/ 81 Section 1104........... False Statements, 11/29/91 6/11/99, 64 FR 31498... Alterations, Forgery, and Dishonored Checks. Section 1110........... Penalties for 11/29/91 6/11/99, 64 FR 31498... Violations. ---------------------------------------------------------------------------------------------------------------- Chapter 26_Civil Fines for Moving and Non-Moving Violations ---------------------------------------------------------------------------------------------------------------- Section 2600.1......... Infraction: 8/31/90 6/11/99, 64 FR 31498... Inspection, Registration Certificate, Tags. ---------------------------------------------------------------------------------------------------------------- Chapter 99_Definitions ---------------------------------------------------------------------------------------------------------------- Section 9901........... Definitions........... 10/17/97 6/11/99, 64 FR 31498... Definition of ``Emission Recall Notice.'' ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State source-specific requirements. EPA-Approved District of Columbia Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- Additional Name of source Permit number State effective date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- General Services N/A_it is the 10/17/97 9/30/99 The following Administration Central operating permit 64 FR 52654 portions of GSA's Heating and Refrigeration issued to GSA by operating permit Plant and West Heating Plant. the District of are not included Columbia on in the SIP: The October 17, 1997. portion of Condition 3 referring to Table 1; Table 1; Condition 4; Table 3; and Condition 17. ---------------------------------------------------------------------------------------------------------------- (e) EPA-approved non-regulatory and quasi-regulatory material. ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable Additional revision geographic area State submittal date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- 1990 Base Year Emissions Washington, DC 1/13/94 1/30/96 52.474(a) CO. Inventory. carbon monoxide 10/12/95 61 FR 2931 maintenance area. 1990 Base Year Emissions Metropolitan 1/13/94 4/23/97 52.474(b) VOC, Inventory. Washington ozone 62 FR 19676 NOX, CO. nonattainment area. 1990 Base Year Emissions Metropolitan 11/3/97 7/8/98 52.474(c) VOC, Inventory. Washington ozone 63 FR 36854 NOX. nonattainment area. 15% Rate of Progress Plan...... Metropolitan 4/16/98 08/05/1999 52.476(a). Washington ozone 64 FR 42600 nonattainment area. Negative Declaration-VOC Source Metropolitan 4/8/93 and 10/27/99 52.478(a), Categories. Washington ozone 9/4/97 64 FR 57777 52.478(b). nonattainment area. Photochemical Assessment Metropolitan 1/14/94 9/11/95 52.480. Monitoring Stations (PAMS) Washington ozone 60 FR 47081 Program. nonattainment area. Small Business stationary Statewide......... 10/22/93 8/17/94 52.510. source technical and 59 FR 42165 environmental compliance assistance program. Establishment of air quality Statewide......... 5/16/79 8/31/81 Subpart I, monitoring Network. 46 FR 43676 section 52.465(c)(18). Lead (Pb) SIP.................. Washington, DC.... 10/7/82 8/18/83 52.515(c)(22). 48 FR 37401 Plan for public notification of Metropolitan 12/5/83 6/1/84 52.515(c)(23). air quality. Washington ozone 49 FR 22810 nonattainment area. Revision for conflict of Metropolitan 12/6/83 6/1/84 52.515(c)(24). interest procedures [CAA Washington ozone 49 FR 22810 Section 128 SIP]. nonattainment area. Carbon Monoxide Maintenance Washington, DC.... 10/12/95 1/30/96, 61 FR 52.515(c)(36) Plan. 3/9/04 2931 Revised Carbon 70 FR 16958, 4/4/ Monoxide 05 Maintenance Plan Base Year Emissions Inventory using MOBILE6. 1996-1999 Rate-of-Progress plan Washington 1-hour 11/3/1997, 5/13/05 1999 motor SIP. ozone 5/25/1999 70 FR 25688 vehicle nonattainment. emissions budgets of 128.5 tons per day (tpy) of VOC and 196.4 tpy of NOX. 1990 Base Year inventory Washington 1-hour 9/5/2003, 5/13/05 Revisions,. ozone 2/25/2004 70 FR 25688 nonattainment area. 1999-2005 Rate-of-Progress Plan Washington 1-hour 9/5/2003, 5/13/05 Only the TCMs in SIP Revision and the ozone 2/25/2004 70 FR 25688 Appendix J of Transportation Control nonattainment the 2/25/2004 Measures (TCMs) in Appendix J. area. revision, 2002 motor vehicle emissions budgets (MVEBs) of 125.2 tons per day (tpy) for VOC and 290.3 tpy of NOX, and, 2005 MvEBs of 97.4 tpy for VOC and 234.7 tpy of NOX. VMT Offset SIP Revision........ Washington 1-hour 9/5/2003, 5/13/05 ozone 2/25/2004 70 FR 25688 nonattainment area. Contingency Measure Plan....... Washington 1-hour 9/5/2003, 5/13/05 ozone 2/25/2004 70 FR 25688 nonattainment area. 1-hour Ozone Modeled Washington 1-hour 9/5/2003, 5/13/05 2005 motor Demonstration of Attainment ozone 2/25/2004 70 FR 25688 vehicle and Attainment Plan. nonattainment emissions area. budgets of 97.4 tons per day (tpy) for VOC and 234.7 tpy of NOX. ---------------------------------------------------------------------------------------------------------------- [63 FR 67417, Dec. 7, 1998, as amended at 64 FR 31500, June 11, 1999; 64 FR 52657, Sept. 30, 1999; 64 FR 57780, Oct. 27, 1999; 64 FR 68294, Dec 7, 1999; 65 FR 44984, July 20, 2000; 65 FR 80784, Dec. 22, 2000; 65 FR 81370, Dec. 26, 2000; 66 FR 23614, May 9, 2001; 66 FR 55102, Nov. 1, 2001; 68 FR 33639, June 5, 2003; 69 FR 47775, Aug. 6, 2004; 69 FR 76858, Dec. 23, 2004; 69 FR 77641, 77644, 77647, 77649, Dec. 28, 2004; 69 FR 77905, 77908, Dec. 29, 2004; 70 FR 16963, Apr. 4, 2005; 70 FR 24969, May 12, 2005; 70 FR 25717, May 13, 2005; 70 FR 28988, May 19, 2005; 70 FR 52920, Sept. 6, 2005] § 52.471 Classification of regions. top The District of Columbia plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- National Capital Interstate............................... I I III I I ---------------------------------------------------------------------------------------------------------------- [37 FR 10857, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 46 FR 61263, Dec. 16, 1981] § 52.472 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves the District of Columbia's plan for the attainment and maintenance of the national standards. (b) With respect to the transportation control strategies submitted on April 19, July 9, and July 16, 1973, the Administrator approves the measures for parking surcharge, car pool locator, vehicle inspection, express bus lanes, increased bus fleet and service, elimination of free parking by private employers, with exceptions set forth in §§52.476, 52.483, 52.486, and 52.479. (c) With the exceptions set forth in this subpart, the Administrator approves the District of Columbia's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977. (d) Section 710 of title 20 of the District of Columbia Regulations is approved with the following condition: Any alternative controls or exemptions under section 710.8 approved or granted by the District of Columbia are subject to a public notice and public hearing requirements and must be submitted to EPA as SIP revisions. Such alternatives or exemptions are not effective until approved as SIP revisions by EPA. (e) [Reserved] (f) Disapproval of revisions to the District of Columbia State Implementation Plan, District of Columbia Municipal Regulations (DCMR) Title 20, Sections 200, 201, 202, 204 and 299, pertaining to permitting of sources, and associated definitions in Section 199 submitted on June 21, 1985 and October 22, 1993 by the Mayor of the District of Columbia (1985 submittal) and by the Administrator of the District of Columbia Environmental Regulation Administration (1993 submittal). The disapproved regulations include those applicable to major new and major modified sources wishing to locate in the District. A new source review program for such major sources is required under sections 182 and 184 of the Clean Air Act. There are many deficiencies in the DCMR permitting regulations. Some of these deficiencies are the lack of public notice and comment procedures for new and modified sources applying for construction permits, the existence of a provision that allows the Mayor to grant indefinite 1-month temporary permits to those sources whose permits he/she determines have been delayed because of his/her office, the inclusion of a major source operating permit program, the inclusion of a minor source operating permit program that does not meet Part D requirements of the Act, the exemption of certain fuel burning (nitrogen oxide emitting) sources, incorrect citations of the Clean Air Act, a provision that allows circumvention of the offset requirement, and the lack of the de minimis special modification provisions required in serious and severe ozone nonattainment areas (section 182(c)(6) of the Clean Air Act). [38 FR 33709, Dec. 6, 1973, as amended at 46 FR 61263, Dec. 16, 1981; 57 FR 34251, Aug. 4, 1992; 60 FR 5136, Jan. 26 1995; 60 FR 15486, Mar. 24, 1995; 61 FR 2936, Jan. 30, 1996] § 52.473 Conditional approval. top The District of Columbia's severe ozone nonattainment area SIP for the Metropolitan Washington area, which includes the 1996–1999 portion of the rate-of-progress plan submitted on November 3, 1997, and May 25, 1999 and the transportation control measures in Appendix H of the May 25, 1999 submittal, and the severe ozone attainment demonstration submitted on April 24, 1998, October 27, 1998, February 16, 2000 and section 9.1.1.2 of the March 22, 2000 submittal, is conditionally approved contingent on the District submitting a revised SIP by April 17, 2004 that satisfies certain conditions. This conditional approval also establishes motor vehicle emissions budgets for 2005 of 101.8 tons per day of volatile organic compounds (VOC) and 161.8 tons per day of nitrogen oxides (NOX) to be used in transportation conformity in the Metropolitan Washington, DC serious ozone nonattainment area until revised budgets based upon the MOBILE6 model are submitted and found adequate. The District must submit a revised SIP by April 17, 2004 that satisfies the following conditions. (1) Revises the 1996–1999 portion of the severe area ROP plan to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented should EPA determine that the Washington area failed to achieve the required 9 percent rate-of-progress reductions by November 15, 1999. (2) Revises the 1999–2005 portion of the severe area rate-of-progress plan to provide MOBILE6-based mobile source emission budgets and adopted measures sufficient to achieve emission reductions of ozone precursors of at least 3 percent per year from November 15, 1999 to the November 15, 2005 severe ozone attainment date. (3) Revises the severe area ROP plan to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented should EPA determine that the Washington area failed to achieve the ROP reductions required for the post-1999 period. (4) Revises the Washington area severe attainment demonstration to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented for the failure of the Washington area to attain the one-hour ozone standard for serious areas by November 15, 1999. (5) Revises the Washington area severe attainment demonstration to reflect revised MOBILE6-based motor vehicle emissions budgets, including revisions to the attainment modeling/weight of evidence demonstration and adopted control measures, as necessary, to show that the SIP continues to demonstrate attainment by November 15, 2005. (6) Revises the Washington area severe attainment demonstration to include a contingency plan containing those measures to be implemented if the Washington area does not attain the one-hour ozone standard by November 15, 2005. (7) Revises the Washington area severe attainment demonstration to include a revised RACM analysis and any revisions to the attainment demonstration including adopted control measures, as necessitated by such analysis. (8) Revises the major stationary source threshold to 25 tons per year. (9) Revises Reasonably Available Control Technology (RACT) rules to include the lower major source applicability threshold. (10) Revises new source review offset requirement to require an offset ratio of at least 1.3 to 1. (11) Includes a fee requirement for major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) should the area fail to attain by November 15, 2005. (12) Includes a revision that identifies and adopts specific enforceable transportation control strategies and transportation control measures to offset any growth in emissions from growth in vehicle miles traveled or number of vehicle trips and to attain reductions in motor vehicle emissions as necessary, in combination with other emission reduction requirements in the Washington area, to comply with the rate-of-progress requirements for severe areas. Measures specified in section 108(f) of the Clean Air Act will be considered and implemented as necessary to demonstrate attainment. [68 FR 19131, Apr. 17, 2003] Effective Date Note: At 69 FR 19937, Apr. 15, 2004, §52.473 was stayed indefinitely. § 52.474 1990 Base Year Emission Inventory. top (a) EPA approves as a revision to the District of Columbia Implementation Plan the 1990 base year emission inventory for the Washington Metropolitan Statistical Area, submitted by Director, District of Columbia Consumer and Regulatory Affairs, on January 13, 1994 and October 12, 1995. This submittal consist of the 1990 base year stationary, area and off-road mobile and on-road mobile emission inventories in the Washington Statistical Area for the pollutant, carbon monoxide (CO). (b) EPA approves as a revision to the District of Columbia State Implementation Plan the 1990 base year emission inventory for the District's portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Director, DCRA, on January 13, 1994. This submittal consists of the 1990 base year point, area, highway mobile, non-road and biogenic source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX). (c) EPA approves as a revision to the District of Columbia State Implementation Plan an amendment to the 1990 base year emission inventories for the District's portion of the Metropolitan Washington, D.C. ozone nonattainment area submitted by the Director, Department of Consumer and Regulatory Affairs, on November 3, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile, and non-road source emission inventories in the area for the following pollutants: volatile organic compounds (VOC), and oxides of nitrogen (NOX). [61 FR 2936, Jan. 30, 1996, as amended at 62 FR 19679, Apr. 23, 1997; 63 FR 36858, July 8, 1998] § 52.475 [Reserved] top § 52.476 Control strategy: ozone. top (a) EPA approves as a revision to the District of Columbia State Implementation Plan the 15 Percent Rate of Progress Plan for the District of Columbia's portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Director of the District of Columbia Department of Health on April 16, 1998. (b)–(c) [Reserved] [64 FR 42602, Aug. 5, 1999, as amended at 66 FR 631, Jan. 3, 2001; 69 FR 43522, July 21, 2004] § 52.477 [Reserved] top § 52.478 Rules and Regulations. top (a) On April 8, 1993, the District of Columbia submitted a letter to EPA declaring that there are no sources located in the District belonging to the following VOC categories: (1) Automobile and light-duty truck manufacturing; (2) Coating of cans, coils, paper, fabric and vinyl, metal furniture, large appliances, magnet wire, miscellaneous metal parts and products, and flatwood paneling; (3) Storage of petroleum liquids in fixed-roof tanks and external floating-roof tanks; (4) Bulk gasoline plants and terminals; (5) Petroleum refinery sources; (6) Petroleum refinery equipment leaks; (7) Manufacture of synthesized pharmaceutical products, pneumatic rubber tires, vegetable oil, synthetic organic chemicals (fugitive VOCs and air oxidation), and high density polyethylene, polypropylene and polystyrene resins; (8) Graphic arts systems; (9) Storage, transportation and marketing of VOCs (fugitive VOCs from oil and gas production and natural gas and gasoline processing). (b) On September 4, 1997, the District of Columbia submitted a letter to EPA declaring that there are no sources located in the District which belong to the following VOC categories: (1) Coating of plastic parts (business machines and other); (2) Aerospace; (3) Shipbuilding and repair; (4) Automobile refinishing; (5) Industrial wastewater; (6) Distillation or reactor or batch processes in the synthetic organic chemical manufacturing industry; (7) Volatile organic storage; (8) Wood furniture coatings; (9) Offset lithography; (10) Clean-up solvents. [64 FR 57781, Oct. 27, 1999] § 52.479 Source surveillance. top (a) [Reserved] (b) The requirements of §51.213 are not met with respect to the strategies for carpool locator service. The remaining transportation measures in the previously federally-promulgated implementation plan have been mooted by court decision (District of Columbia v. Costle, 567 F. 2d 1091 (D.C. Cir 1977)) or rescinded by EPA. [46 FR 61263, Dec. 16, 1981, as amended at 51 FR 40677, Nov. 7, 1986] § 52.480 Photochemical Assessment Monitoring Stations (PAMS) Program. top On January 14, 1994 the District of Columbia's Department of Consumer and Regulatory Affairs submitted a plan for the establishment and implementation of a Photochemical Assessment Monitoring Stations (PAMS) Program as a state implementation plan (SIP) revision, as required by section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and made it part of the District of Columbia SIP. As with all components of the SIP, the District of Columbia must implement the program as submitted and approved by EPA. [60 FR 47084, Sept. 11, 1995] §§ 52.481-52.497 [Reserved] top § 52.498 Requirements for state implementation plan revisions relating to new motor vehicles. top The District of Columbia must comply with the requirements of §51.120. [60 FR 4737, Jan. 24, 1995] § 52.499 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the District of Columbia. [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003] § 52.510 Small business assistance program. top On October 22, 1993, the Administrator of the District of Columbia Environmental Regulation Administration submitted a plan for the establishment and implementation of a Small Business Technical and Environmental Compliance Assistance Program as a state implementation plan revision (SIP), as required by title V of the Clean Air Act. EPA approved the Small Business Technical and Environmental Compliance Assistance Program on August 17, 1994 and made it part of the District of Columbia SIP. As with all components of the SIP, the District of Columbia must implement the program as submitted and approved by EPA. [59 FR 42168, Aug. 17, 1994] § 52.515 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the District of Columbia” and all revisions submitted by the District of Columbia that were federally approved prior to July 1, 1998. (b) The above plan was officially submitted on January 31, 1972, by the Mayor/Commissioner. (c) The plan revisions listed below were submitted on the dates specified. (1) Control strategies for sulfur oxides and particulate matter were defined by the District's “Implementation Plan for Controlling Sulfur Oxide and Particulate Air Pollutants” submitted on August 14, 1970, by the District of Columbia. (2) Addition to Permit to Construct regulation, Section 8–2:720 of the District of Columbia Control Regulations, plus miscellaneous non-regulatory revisions to the plan submitted April 28, 1972, by the District of Columbia. (3) Particulate matter emission rate graph submitted on January 29, 1973, by the Department of Environmental Services. (4) Plan revisions were submitted on January 29, 1973, by the Department of Environmental Services. (5) Transportation Control Plans for the District of Columbia's portion of National Capital AQCR submitted on April 20, 1973, by the Mayor/Commissioner. (6) Amendments to the Transportation Control Plan for the District of Columbia submitted on July 9, 1973, by the Mayor/Commissioner. (7) Amendments to the Transportation Control Plan for the District of Columbia submitted on July 16, 1973, by the Mayor/Commissioner. (8) Amendments to Sections 8–2:702 (Definitions) and 8–2:707, (Control of Organic Compounds), subsections (a), (b), (c), (d), (e), and (f) of the District of Columbia Air Quality Control Regulations submitted on March 22, 1974 by the Mayor/Commissioner. (9) Amendments to Sections 8–2:704 and 8–2:705 of the District of Columbia Air Quality Control Regulations submitted on February 25, 1976 by the Mayor. (10) Section 8–2:709 and Section 8–2:724 are amended to limit particulate emissions to .08 grains per day standard cubic foot at Solid Waste Reduction Center #1 (S.W.R.C. #1) and allow continued operation of S.W.R.C. #1 respectively; submitted July 17, 1975 by the District of Columbia. (11) Amendments to Sections 8–2:704 (Use of Certain Fuel Oils Forbidden), 8–2:705 (Use of Certain Coal Forbidden), and 8–2:713 (Visible Emissions) of the District of Columbia Air Quality Control Regulations submitted on March 3, 1977 by the Mayor. (12) Amendments to Sections 8–2:702 (Definitions), 8–2:708 (Fuel Burning Particulate Emission) and 8–2:720 (Permits to Construct or Modify, Permits to Operate); an amendment deleting Appendix 1 from the District of Columbia Air Quality Control Regulations submitted by the Mayor on May 25, 1978. (13) Amendments to Sections 8–2:704 (Allowable Sulfur Content in Fuel Oil) and 8–2:705 (Allowable Sulfur Content in Coal) of the District's Air Quality Control Regulations submitted on December 27, 1978, by Mayor Walter E. Washington is hereby approved until December 31, 1980. (14)–(15) [Reserved] (16) Amendments to Sections 8–2:702 (Definition Changes), 8–2:708 (Performance Testing), 8–2:713 (Visible Emissions), 8–2:718 (Emission Testing), 8–2:726 (Penalties) of the District's Air Quality Control Regulations, and Section 6–812(a)(5) (Penalties) of the District of Columbia's Air Quality Control Act submitted on December 27, 1978 by Mayor Walter E. Washington. (17) Amendments to Sections 8–2:704 (Allowable Sulfur Content in Fuel Oil) and 8–2:705 (Allowable Sulfur Content in Coal) of the District's Air Quality Control Regulations submitted on December 27, 1978, by Mayor Walter E. Washington are approved indefinitely. (18) Amendments to Regulations I (Definitions), XXIV (Control of Volatile Organic Compounds Emissions) and XXV (Requirements for Preconstruction Review) submitted on March 19, 1980 by the Secretary, Delaware Department of Natural Resources and Environmental Control. (19) The Plan revision entitled “Revisions to the Implementation Plan for the District of Columbia for Attainment of the National Ambient Air Quality Standards for Particulates, Oxidants and Carbon Monoxide” for all areas designated nonattainment as of March 3, 1978 and September 12, 1978 submitted on December 26, 1979 by the Mayor. Included was a request for revocation and/or revision of sections of subpart J which have been mooted by court decision (District of Columbia v. Costle, 567 F. 2d 1091 (D.C. Cir. 1977)), Congressional action, or rescission by EPA. (20) Inspection and Maintenance Program Amendments to the transportation control portion of the nonattainment plan were submitted by the Mayor on September 7, 1979 and May 6, 1981. (21) Amendments to the District's Air Quality Control Regulations for control of particulate matter, carbon monoxide and ozone were submitted by the Mayor on June 23, 1981. (22) The Washington, DC Implementation Plan for maintaining the National Ambient Air Quality Standard for lead submitted on October 7, 1982 by the Mayor. (23) Revision for Public Notification of Air Quality, submitted on December 5, 1983. (24) Revision for Conflict of Interest procedures, submitted on December 6, 1983. (25) Plan revision, excluding the required vehicle emission inspection program, providing for attainment of the Ozone and Carbon Monoxide Standards, submitted by the District of Columbia on December 28, 1982 and April 15, 1983. (26) Revision to the 1982 District of Columbia Ozone and Carbon Monoxide Attainment Plan consisting of an approvable vehicle emission inspection and maintenance program, therefore, completing all necessary requirements for attainment of the Ozone and Carbon Monoxide standards; submitted by the Mayor on May 3, 1985. See paragraph (c)(25) of this section for date of original submittal. (i) Incorporation by reference. (A) Amendment to section 604 (Vehicle Inspection: Rejected Vehicles) of Title 18 of the District of Columbia Municipal Regulations as published in the District of Columbia Register on November 23, 1984. (27) Revisions to the State Implementation Plan submitted by the Mayor of the District of Columbia on June 21, 1985, which define and impose RACT to control volatile organic compound emissions from engraving and plate printing sources. (i) Incorporation by reference. (A) A letter from the Mayor of the District of Columbia dated June 21, 1985, submitting revision to the District of Columbia State Implementation Plan, and a letter from the District of Columbia Department of Consumer and Regulatory Affairs dated April 1, 1992, formally submitting additional information supplementing the June 21, 1985 submittal. (B) Section 710 of title 20, submitted June 21, 1985 and effective March 15, 1985. (28) Revisions to 20 District of Columbia Municipal Regulations (DCMR) pertaining to oxygenated gasoline submitted on October 22, 1993 by the District of Columbia's Department of Consumer and Regulatory Affairs. (i) Incorporation by reference. (A) Letter of October 22, 1993 from the District of Columbia's Department of Consumer and Regulatory Affairs transmitting the oxygenated gasoline regulations. (B) District of Columbia Register dated July 30, 1993 containing 20 DCMR chapter 1, Section 199 definitions for the terms blending plant, distributor, non-oxygenated gasoline, oxygenate, oxygenated gasoline, oxygenated gasoline control period, oxygenated gasoline control area, refiner, refinery, retailer, retail outlet, terminal, wholesale purchaser-consumer; Chapter 5, Section 500, subsections 500.4 and 500.5; chapter 5, section 502, subsection 502.18; Chapter 9, section 904, subsections 904.1 and 904.2, effective September 30, 1993. (ii) Additional material. (A) Remainder of October 22, 1993 District of Columbia submittal. (29)–(31) [Reserved] (32) Revisions to the District of Columbia Regulations State Implementation Plan submitted on October 22, 1993 by the Government of the District of Columbia Department of Consumer and Regulatory Affairs. (i) Incorporation by reference. (A) Letter of October 22, 1993 from the Government of the District of Columbia Department of Consumer and Regulatory Affairs transmitting a revised regulation which require owners of stationary sources to submit emission statements annually. (B) D.C. ACT 10–56 amendments to District of Columbia Air Pollution Control Act of 1984, Section 20 DCMR 199, specifically the addition of new definitions, and the addition of Section 20 DCMR 500.7. Effective on September 30, 1993. (33) [Reserved] (34) Revisions to Title 20 the District of Columbia Municipal Regulations (DCMR) on June 21, 1985 by the District of Columbia: (i) Incorporation by reference. (A) Letter of June 21, 1985 from the Mayor of the District of Columbia transmitting Act 5–165, representing the air pollution control regulations codified in 20 DCMR. (B) The revised provisions of 20 DCMR, effective March 15, 1985, as described below: (1) Chapter 1—General. Section 100 (Purpose, Scope, and Construction), subsections 100.1 through 100.5 Section 101 (Inspection), subsection 101.1 Section 102 (Orders for Compliance), subsections 102.1 through 102.3 Section 104 (Hearings), subsections 104.1 through 104.5 Section 105 (Penalty), subsections 105.1 through 105.4 Section 106 (Confidentiality of Reports), subsections 106.1 and 106.2 Section 107 (Control Devices or Practices), subsections 107.1 through 107.4 Section 199 The following definitions and abbreviations: Definitions (Section 199.1)—Added: Affected facility, Building, structure, facility, or installation, Cartridge filter, Component, Containers and conveyers of solvent, Crude oil, Cylinder wipe, Emission unit, Federally enforceable, Flexography, Fugitive emission, Gas services, Gas services for pipeline/valves and pressure relief valves, Gravure, Heatset, Hydrocarbon, Ink, Inking cylinder, Innovative control technology, Intaglio, Leaking component, Lease custody transfer, Letterpress, Letterset, Liquid service, Necessary preconstruction, Net emission increase, Offset printing process, Offset lithography, Paper wipe, Perceptible, leak, Petroleum solvent, Plate, Printing, Printing operation, Printing Unit, Refinery operator, Refinery unit, Routing, Secondary emissions, Substrate, Vacuum still, Valves not externally regulated, Water-based solvent, Wiping solution. Revised: Air pollution, Distillate oil, Dry cleaning, Existing source, Fugitive dust, Incinerator, Loading facilities, Person, Start-up, Stationary source, Vapor tight, Wipe cleaning. Unchanged from Section 8–2:702: Air Pollutant, Control Device, Conveyorized Degreaser, Cutback Asphalt, Cold Cleaner, District, Emission, Episode Stage, Fossil Fuel, Fossil-Fuel-Fired Steam-Generating Unit, Freeboard, Fuel Burning Equipment, Gasoline, Malfunction, Multiple Chamber Incinerator, Opacity, Open-top Vapor Degreaser, Organic Solvents, Particulate Matter, Photochemically Reactive Solvent, Process, Process Weight, Process Rate Per Hour, Ringelmann Smoke Chart, Smoke, Solid Waste, Standard Conditions, Submerged Fill Pipe, Volatile Organic Compounds. Abbreviations (Section 199.2)—Added: CFR, EPA, ppmv Unchanged from Section 8–2:702: B.T.U., cal., CO, COHs, cfm, g., Hi-Vol., hr., lb., max., NO2, No., ppm, psia, SO2, µg/m 3 , U.L. Note: Section 199 of Chapter 1 lists all of the applicable definitions and abbreviations, while Sections X99.1 and X99.2 of each chapter contain a cross-reference to definitions listed in Section 199.1 and abbreviations listed in Section 199.2. (2) Chapter 4—Ambient Monitoring and Emergency Procedures. Section 400 (Air Pollution Reporting Index), subsection 400.1 Section 401 (Emergency Procedures), subsections 401.1 through 401.4, 401.2 through 401.8, 401.7 (duplicate) and 401.8 (duplicate) Section 499 (Definitions and Abbreviations), subsections 499.1 and 499.2 (3) Chapter 5—Source Monitoring and Testing. Section 500 (Source Monitoring and Testing), subsections 500.1 through 500.3 Section 501 (Monitoring Devices), subsections 501.1 through 501.3 Section 502 (Sampling, Tests, and Measurements), subsections 502.1 through 502.15 (except for subsections 502.11, 502.12, and 502.14) Section 599 (Definitions and Abbreviations), subsections 599.1 and 599.2 (4) Chapter 6—Particulates. Section 600 (Fuel-Burning Particulate Emission), subsections 600.1 through 600.7 Section 601 (Rotary Cup Burners), subsections 601.1 and 601.2 Section 602 (Incinerators), subsections 602.1 through 602.6 Section 603 (Particulate Process Emissions), subsections 603.1 through 603.3 Section 604 (Open Burning), subsections 604.1 and 604.2 Section 605 (Control of Fugitive Dust), subsections 605.1 through 605.4 Section 606 (Visible Emissions), subsections 606.1 through 606.9 Section 699 (Definitions and Abbreviations), subsections 699.1 and 699.2 (5) Chapter 8—Asbestos, Sulfur and Nitrogen Oxides. Section 801 (Sulfur Content of Fuel Oils), subsection 801.1 Section 802 (Sulfur Content of Coal), subsections 802.1 and 802.2 Section 803 (Sulfur Process Emissions), subsections 803.1 through 803.4 Section 804 (Nitrogen Oxide Emissions), subsection 804.1 Section 899 (Definitions and Abbreviations), subsections 899.1 and 899.2 (6) Appendices. Appendix No. 1 (Emission Limits for Nitrogen Oxide) Appendix No. 2 [Table of Allowable Particulate Emissions from Process Sources] Appendix No. 3 [Allowable VOC Emissions under Section 710] (7) Deletion of the following SIP provisions: Section 8–2:721 (Complaints and Investigations) Section 8–2:730 (Independence of Sections) Section 8–2:731 (Effective Date) The following definitions and abbreviations: Definitions: Act, Air quality standard of the District of Columbia, Dry cleaning operation, Freeboard ratio, Mayor, Vehicular fuel tank. Abbreviations: (Degree), VOC, “%”. (ii) Additional material. (A) Remainder of June 21, 1985 District of Columbia submittal pertaining to the provisions listed above. (35) [Reserved] (36) The carbon monoxide redesignation and maintenance plan for the District of Columbia submitted by the District of Columbia Department of Consumer and Regulatory Affairs on October 12, 1995, as part of the District of Columbia SIP. The emission inventory projections are included in the maintenance plan. (i) Incorporation by reference. (A) Letter of October 12, 1995 from the District of Columbia Department of Consumer and Regulatory Affairs requesting the redesignation and submitting the maintenance plan. (B) Maintenance Plan for the Metropolitan Washington Carbon Monoxide Nonattainment Area adopted on September 20, 1995. (ii) Additional material. (A) Remainder of October 12, 1995 State submittal. (37) Revisions to the District of Columbia Municipal Regulations submitted on May 2, 1997 and May 9, 1997 by the District of Columbia Department of Consumer and Regulatory Affairs: (i) Incorporation by reference. (A) Letter of April 29, 1997 from the Department of Consumer and Regulatory Affairs transmitting new source review (NSR) program. (B) Regulations adopted on April 29, 1997; Title 20 of the District of Columbia Municipal Regulations (DCMR) Chapter 2, sections 200 (as amended), 201, 202, 204 (as amended), 206, 299 and the amended definition of “modification” in Chapter 1, section 199. (ii) Additional material. (A) Remainder of May 2, 1997 State submittal. (B) District Register for May 9, 1997. [37 FR 19814, Sept. 22, 1972. Redesignated at 63 FR 67417, Dec. 7, 1998] Editorial Note: For Federal Register citations affecting §52.515, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart K—Florida top § 52.519 Identification of plan-conditional approval. top EPA is conditionally approving a revision to the Florida State Implementation Plan (SIP) consisting of a new citrus statute (Florida Statute 403.08725), as well as implementing regulations (62–210.340 F.A.C.) based upon a commitment from the State to adopt specific enforceable measures by March 7, 2006. If the State fails to meet its commitment by March 7, 2006, the approval is treated as a disapproval. [70 FR 5929, Feb. 4, 2005] § 52.520 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for Florida under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to January 1, 2003, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after January 1, 2003, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of January 1, 2003. (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303; at the EPA, Office of Air and Radiation Docket and Information Center, Room B–108, 1301 Constitution Avenue, (Mail Code 6102T), NW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA-approved regulations. EPA-Approved Florida Regulations ---------------------------------------------------------------------------------------------------------------- State State citation (Section) Title/subject effective EPA approval Explanation date date ---------------------------------------------------------------------------------------------------------------- Chapter 62-204 Air Pollution Control_General Provisions ---------------------------------------------------------------------------------------------------------------- 62-204.100..................... Purpose and Scope...... 3/13/96 6/16/99 64 FR 32346 62-204.200..................... Definitions............ 3/13/96 6/16/99 64 FR 32346 62-204.220..................... Ambient Air Protection. 3/13/96 6/16/99 64 FR 32346 62-204.240..................... Ambient Air Quality 3/13/96 6/16/99 Standards. 64 FR 32346 62-204.260..................... Prevention of 3/13/96 6/16/99 Significant 64 FR 32346 Deterioration Increments. 62-204.320..................... Procedures for 3/13/96 6/16/99 Designation and 64 FR 32346 Redesignation of Areas. 62-204.340..................... Designation of 3/13/96 6/16/99 Attainment, 64 FR 32346 Nonattainment, and Maintenance Areas. 62-204.360..................... Designation of 3/13/96 6/16/99 Prevention of 64 FR 32346 Significant Deterioration Areas. 62-204.400..................... Public Notice and 11/30/94 6/16/99 Hearing Requirements 64 FR 32346 for State Implementation Plan Revisions. 62-204.500..................... Conformity............. 08/31/98 08/11/03, 68 FR Except for the 47473 incorporation by reference of 40 CFR 93.104(e) of the Transportation Conformity Rule. ---------------------------------------------------------------------------------------------------------------- Chapter 62-210 Stationary Sources_General Requirements ---------------------------------------------------------------------------------------------------------------- 62-210.100..................... Purpose and Scope...... 11/23/94 6/16/99 64 FR 32346 62-210.200..................... Definitions............ 10/15/96 5/27/98 63 FR 28905 62-210.220..................... Small Business 10/15/96 5/27/98 Assistance Program. 63 FR 28905 62-210.300..................... Permits Required....... 8/15/96 1/17/97 62 FR 2587 62-210.350..................... Public Notice and 11/23/94 6/16/99 Comment. 64 FR 32346 62-210.360..................... Administrative Permit 11/23/94 6/16/99 Corrections. 64 FR 32346 62-210.370..................... Reports................ 11/23/94 6/16/99 64 FR 32346 62-210.550..................... Stack Height Policy.... 11/23/94 6/16/99 64 FR 32346 62-210.650..................... Circumvention.......... 10/15/92 10/20/94 59 FR 52916 62-210.700..................... Excess Emissions....... 11/23/94 6/16/99 64 FR 32346 62-210.900..................... Forms and Instructions. 2/9/93 11/7/94 59 FR 46157 ---------------------------------------------------------------------------------------------------------------- Chapter 62-212 Stationary Souces_Preconstruction Review ---------------------------------------------------------------------------------------------------------------- 62-212.100..................... Purpose and Scope...... 3/13/96 6/16/99 64 FR 32346 62-212.300..................... General Preconstruction 11/23/94 6/16/99 Review Requirements. 64 FR 32346 62-212.400..................... Prevention of 3/13/96 6/16/99 Significant 64 FR 32346 Deterioration (PSD). 62-212.500..................... Preconstruction Review 3/13/96 6/16/99 for Nonattainment 64 FR 32346 Areas. 62-212.600..................... Sulfur Storage and 3/13/96 6/16/99 Handling Facilities. 64 FR 32346 ---------------------------------------------------------------------------------------------------------------- Chapter 62-242 Motor Vehicle Emissions Standards and Test Procedures ---------------------------------------------------------------------------------------------------------------- 62-242.100..................... Purpose and Scope...... 3/21/91 3/22/93 58 FR 15277 62-242.200..................... Definitions............ 3/13/96 6/16/99 64 FR 32346 62-242.400..................... Standards and 2/2/93 10/11/94 Procedures for Inspection of Gasoline Fueled Vehicles; Pass/ Fail Criteria. 62-242.500..................... Standards and 2/2/93 10/11/94 Procedures for 59 FR 51382 Inspection of Diesel Fueled Vehicles; Pass/ Fail Criteria. 62-242.600..................... Equipment Performance 2/2/93 10/11/94 Specifications. 59 FR 51382 62-242.700..................... Tampering Inspection... 2/2/93 10/11/94 59 FR 51382 62-242.800..................... Low Emissions 2/2/93 10/11/94 Adjustment. 59 FR 51382 62-242.900..................... Training Criteria For 2/2/93 10/11/94 Motor Vehicle 59 FR 51382 Emissions Inspection Personnel. ---------------------------------------------------------------------------------------------------------------- Chapter 62-243 Tampering With Motor Vehicle Air Pollution Control Equipment ---------------------------------------------------------------------------------------------------------------- 62-243.100..................... Purpose and Scope...... 5/29/90 6/9/92 57 FR 24370 62-243.200..................... Definitions............ 1/2/91 6/9/92 57 FR 24378 62-243.300..................... Exemptions............. 1/2/91 6/9/92 57 FR 24378 62-243.400..................... Prohibitions........... 1/2/91 6/9/92 57 FR 24378 62-243.500..................... Certification.......... 1/2/91 6/9/92 57 FR 24378 62-243.600..................... Enforcement............ 1/2/91 6/9/92 57 FR 24378 62-243.700..................... Penalties.............. 5/29/90 6/9/92 57 FR 24370 ---------------------------------------------------------------------------------------------------------------- Chapter 62-244 Visible Emissions From Motor Vehicles ---------------------------------------------------------------------------------------------------------------- 62-244.100..................... Purpose and Scope...... 5/29/90 6/9/92 57 FR 24370 62-244.200..................... Definitions............ 1/2/91 6/9/92 57 FR 24378 62-244.300..................... Exemptions............. 1/2/91 6/9/92 57 FR 24378 62-244.400..................... Prohibitions........... 1/2/91 6/9/92 57 FR 24378 62-244.500..................... Enforcement............ 1/2/91 6/9/92 57 FR 24378 62-244.600..................... Penalties.............. 5/29/90 6/9/92 57 FR 24370 ---------------------------------------------------------------------------------------------------------------- Chapter 62-252 Gasoline Vapor Control ---------------------------------------------------------------------------------------------------------------- 62-252.100..................... Purpose and Scope...... 2/2/93 3/24/94 59 FR 13883 62-252.200..................... Definitions............ 2/2/93 3/24/94 59 FR 13883 62-252.300..................... Gasoline Dispensing 2/2/93 3/21/94 Facilities-Stage I 59 FR 13883 Vapor Recovery. 62-252.400..................... Gasoline Dispensing 11/23/94 6/16/99 Facilities_Stage II 64 FR 32346 Vapor Recovery. 62-252.500..................... Gasoline Tanker Trucks. 9/10/96 7/21/97 62 FR 38918 62-252.800..................... Penalties.............. 2/2/93 3/24/94 59 FR 13883 62-252.900..................... Form................... 2/2/93 7/21/97 62 FR 38918 ---------------------------------------------------------------------------------------------------------------- Chapter 62-256 Open Burning and Frost Protection Fires ---------------------------------------------------------------------------------------------------------------- 62-256.100..................... Declaration and Intent. 12/09/75 11/1/77 42 FR 57124 62-256.200..................... Definitions............ 11/30/94 6/16/99 64 FR 32346 62-256.300..................... Prohibitions........... 11/30/94 6/16/99 64 FR 32346 62-256.400..................... Agricultural and 7/1/71 5/31/72 Silvicultural Fires. 37 FR 10842 62-256.450..................... Burning for Cold or 6/27/91 9/9/94 Frost Protection. 59 FR 46552 62-256.500..................... Land Clearing.......... 11/30/94 6/16/99 64 FR 32346 62-256.600..................... Industrial, Commercial, 7/1/71 5/31/72 Municipal, and 37 FR 10842 Research Open Burning. 62-256.700..................... Open Burning Allowed... 11/30/94 6/16/99 64 FR 32346 62-256.800..................... Effective Date......... 7/1/71 5/31/72 37 FR 10842 ---------------------------------------------------------------------------------------------------------------- Chapter 62-296 Stationary Sources_Emission Standards ---------------------------------------------------------------------------------------------------------------- 62-296.100..................... Purpose and Scope...... 3/13/96 6/16/99 64 FR 32346 62-296.320..................... General Pollutant 3/13/96 6/16/99 Emission Limiting 64 FR 32346 Standards. 62-296.401..................... Incinerators........... 3/13/96 6/16/99 64 FR 32346 62-296.402..................... Sulfuric Acid Plants... 3/13/96 6/16/99 64 FR 32346 62-296.403..................... Phosphate Processing... 3/13/96 6/16/99 64 FR 32346 62-296.404..................... Kraft (Sulfate) Pulp 3/13/96 6/16/99 Mills and Tall Oil 64 FR 32346 Plants. 62-296.405..................... Fossil Fuel Steam 3/13/96 6/16/99 Generators with more 64 FR 32346 than 250 million Btu per Hour Heat Input. 62-296.406..................... Fossil Fuel Steam 3/13/96 6/16/99 Generator with less 64 FR 32346 than 250 million Btu per Hour Heat Input, New and Existing Emissions Units. 62-296.407..................... Portland Cement Plants. 11/23/94 6/16/99 64 FR 32346 62-296.408..................... Nitric Acid Plants..... 11/23/94 6/16/99 64 FR 32346 62-296.409..................... Sulfur Recovery Plants. 11/23/94 6/16/99 64 FR 32346 62-296.410..................... Carbonaceous Fuel 11/23/94 6/16/99 Burning Equipment. 64 FR 32346 62-296.411..................... Sulfur Storage and 11/23/94 6/16/99 Handling Facilities. 64 FR 32346 62-296.412..................... Dry Cleaning Facilities 06/05/96 01/16/03 68 FR 2205 62-296.413..................... Synthetic Organic Fiber 3/13/96 6/16/99 Production. 64 FR 32346 62-296.414..................... Concrete Batching 3/13/96 6/16/99 Plants. 64 FR 32346 62-296.415..................... Soil Thermal Treatment 3/13/96 6/16/99 Facilities. 64 FR 32346 62-296.500..................... Reasonably Available 11/23/94 6/16/99 Control Technology 64 FR 32346 (RACT)_Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities. 62-296.501..................... Can Coating............ 11/23/94 6/16/99 64 FR 32346 62-296.502..................... Coil Coating........... 11/23/94 6/16/99 64 FR 32346 62-296.503..................... Paper Coating.......... 11/23/94 6/16/99 64 FR 32346 62-296.504..................... Fabric and Vinyl 11/23/94 6/16/99 Coating. 64 FR 32346 62-296.505..................... Metal Furniture Coating 11/23/94 6/16/99 64 FR 32346 62-296.506..................... Surface Coating of 11/23/94 6/16/99 Large Appliances. 64 FR 32346 62-296.507..................... Magnet Wire Coating.... 11/23/94 6/16/99 64 FR 32346 62-296.508..................... Petroleum Liquid 11/23/94 6/16/99 Storage. 64 FR 32346 62-296.509..................... Bulk Gasoline Plants... 10/15/92 10/20/94 59 FR 52916 62-296.510..................... Bulk Gasoline Terminals 11/23/94 6/16/99 64 FR 32346 62-296.511..................... Solvent Metal Cleaning. 06/05/96 01/16/03 68 FR 2205 62-296.512..................... Cutback Asphalt........ 11/23/94 6/16/99 64 FR 32346 62-296.513..................... Surface Coating of 11/23/94 6/16/99 Miscellaneous Metal 64 FR 32346 Parts and Products. 62-296.514..................... Surface Coating of Flat 11/23/94 6/16/99 Wood Paneling. 64 FR 32346 62-296.515..................... Graphic Arts Systems... 11/23/94 6/16/99 64 FR 32346 62-296.516..................... Petroleum Liquid 11/23/94 6/16/99 Storage Tanks with 64 FR 32346 External Floating Roofs. 62-296.570..................... Reasonably Available 11/23/94 6/16/99 Control Technology 64 FR 32346 (RACT)_Requirements for Major VOC and NOX_Emitting Facilities. 62-296.600..................... Reasonably Available 3/13/96 6/16/99 Control Technology 64 FR 32346 (RACT)_Lead. 62-296.601..................... Lead Processing 8/8/94 9/18/96 Operations in General. 61 FR 49064 62-296.602..................... Primary Lead Acid 3/13/96 9/18/96 Battery Manufacturing 61 FR 49064 Operations. 62-296.603..................... Secondary Lead Smelting 8/8/94 9/18/96 Operations. 61 FR 49064 62-296.604..................... Electric Arc Furnace 8/8/94 9/18/96 Equipped Secondary 61 FR 49064 Steel Manufacturing Operations. 62-296.605..................... Lead Oxide Handling 8/8/94 9/18/96 Operations. 61 FR 49064 62-296.700..................... Reasonably Available 11/23/94 6/16/99 Control Technology 64 FR 32346 (RACT)_Particulate Matter. 62-296.701..................... Portland Cement Plants. 11/23/94 6/16/99 64 FR 32346 62-296.702..................... Fossil Fuel Steam 11/23/94 6/16/99 Generators. 64 FR 32346 62-296.703..................... Carbonaceous Fuel 11/23/94 6/16/99 Burners. 64 FR 32346 62-296.704..................... Asphalt Concrete Plants 11/23/94 6/16/99 64 FR 32346 62-296.705..................... Phosphate Processing 11/23/94 6/16/99 operations. 64 FR 32346 62-296.706..................... Glass Manufacturing 11/23/94 6/16/99 Process. 64 FR 32346 62-296.707..................... Electric Arc Furnaces.. 11/23/94 6/16/99 64 FR 32346 62-296.708..................... Sweat of Pot Furnaces.. 11/23/94 6/16/99 64 FR 32346 62-296.709..................... Lime Kilns............. 11/23/94 6/16/99 64 FR 32346 62-296.710..................... Smelt Dissolving Tanks. 11/23/94 6/16/99 64 FR 32346 62-296.711..................... Materials Handling, 11/23/94 6/16/99 Sizing, Screening, 64 FR 32346 Crushing and Grinding operations. 62-296.712..................... Miscellaneous 11/23/94 6/16/99 Manufacturing Process 64 FR 32346 Operations. ---------------------------------------------------------------------------------------------------------------- Chapter 62-297 Stationary Sources_Emissions Monitoring ---------------------------------------------------------------------------------------------------------------- 62-297.100..................... Purpose and Scope...... 3/13/96 6/16/99 64 FR 32346 62-297.310..................... General Test 3/13/96 6/16/99 Requirements. 64 FR 32346 62-297.400..................... EPA Methods Adopted by 11/23/94 6/16/99 Reference. 64 FR 32346 62-297.401..................... Compliance Test Methods 3/13/96 6/16/99 64 FR 32346 62-297.411..................... DEP Method 1........... 11/23/94 6/16/99 64 FR 32346 62-297.412..................... DEP Method 2........... 10/15/92 10/20/94 59 FR 52916 62-297.413..................... DEP Method 3........... 10/15/92 10/20/94 59 FR 52916 62-297.415..................... DEP Method 5........... 11/23/94 6/16/99 64 FR 32346 62-297.416..................... DEP Method 5A.......... 10/15/92 10/20/94 59 FR 52916 62-297.417..................... DEP Method 6........... 11/23/94 6/16/99 64 FR 32346 62-297.423..................... EPA Method 11/23/94 6/16/99 12_Determination of 64 FR 32346 Inorganic Lead Emissions from Stationary Emissions Units. 62-297.440..................... Supplementary Test 11/23/94 6/16/99 Procedures. 64 FR 32346 62-297.450..................... EPA VOC Capture 11/23/94 6/16/99 Efficiency Test 64 FR 32346 Procedures. 62-297.620..................... Exceptions and Approval 11/23/94 6/16/99 .................. of Alternate 64 FR 32346 Procedures and Requirements. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State Source-specific requirements. EPA-Approved Florida Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State EPA approval Name of source Permit No. effective date date Explanation ---------------------------------------------------------------------------------------------------------------- Harry S Truman, animal import NA 11/26/96 1/19/00 center. 65 FR 2882 Martin Gas Sales, Inc.......... 0570477-007-AC 1/17/03 5/1/03 68 FR 23209 Broward County Aviation ....................... 8/15/03 6/17/03 Order Granting Department. 69 FR 33862 Variance from Rule 62-252.400. ---------------------------------------------------------------------------------------------------------------- (e) EPA-approved Florida non-regulatory provisions. EPA-Approved Florida Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Federal Provision effective EPA approval Register Explanation date date notice ---------------------------------------------------------------------------------------------------------------- Revision to Maintenance Plan for 12/20/02 2/13/04 69 FR 7132 10 year update. Southeast Florida Area. Revision to Maintenance Plan for the 12/20/02 3/29/04 69 FR 16172 10 year update. Tampa, Florida Area. Revision to Maintenance Plan Update 12/20/02 07/22/03 68 FR 43315 for Jacksonville Area, Florida. ---------------------------------------------------------------------------------------------------------------- [64 FR 32348, June 16, 1999, as amended at 65 FR 2882, Jan. 19, 2000; 66 FR 40139, Aug. 2, 2001; 67 FR 53317, Aug. 15, 2002; 68 FR 2205, Jan. 16, 2003; 68 FR 9554, Feb. 28, 2003; 68 FR 20075, Apr. 24, 2003; 68 FR 23209, May 1, 2003; 68 FR 43315, July 22, 2003; 68 FR 47473, Aug. 11, 2003; 69 FR 7132, Feb. 13, 2004; 69 FR 16172, Mar. 29, 2004; 69 FR 33862, June 17, 2004] § 52.521 Classification of regions. top The Florida plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Mobile (Alabama)-Pensacola-Panama City (Florida)- I I III III I Southern Mississippi Interstate..................... Jacksonville (Florida)-Brunswick (Georgia) Interstate I II III III I West Central Florida Intrastate...................... I I III III III Central Florida Intrastate........................... II III III III III Southwest Florida Intrastate......................... III III III III III Southeast Florida Intrastate......................... II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10858, May 31, 1972, as amended 39 FR 16346, May 8, 1974] § 52.522 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Florida's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D, for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for those sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. [45 FR 17143, Mar. 18, 1980] § 52.523 [Reserved] top § 52.524 Compliance schedules. top (a) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. (b) Federal compliance schedules. (1) Except as provided in paragraph (b)(6) of this section, the owner or operator of any stationary source subject to the following emission limiting regulations in the Florida implementation plan shall comply with the compliance schedule in paragraph (b)(2) of this section, Rules of the State of Florida, Department of Pollution Control, Air Pollution, subsections 17–2.04(2); 17–2.04(3); 17–2.04(6)(a); 17–2.04(6)(b); 17–2.04(6)(d); 17–2.04(6) (e)2.a; 17–2.04(6)(e)3.b; 17–2.04(6)(f); and 17–2.04(6)(h). (2) Compliance schedule. (i) November 1, 1973—Submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations. (ii) January 1, 1974—Negotiate and sign all necessary contracts for emission control systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modification. (iii) February 1, 1974—Initiate onsite construction or installation of emission control equipment or process modification. (iv) May 1, 1975—Complete onsite construction or installation of emission control equipment or process modification. (v) July 1, 1975—Achieve compliance with the applicable regulations, and certify such compliance to the Administrator. (vi) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (vii) Five days after the deadline for completing paragraphs (b)(2) (ii) through (iv) in this section, certify to the Administrator whether the increment has been met. (3) Except as provided in paragraph (b)(6) of this section, the owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to the requirements of Rules of the State of Florida, Department of Pollution Control, Air Pollution, subsections 17–2.04(6)(e)2. c. and d. contained as part of the Florida Implementation Plan shall notify the Administrator, no later than October 1, 1973, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to meet these requirements. (4) Any owner or operator of a stationary source subject to paragraph (b)(3) of this section who elects to utilize low-sulfur fuel shall be subject to the following compliance schedule: (i) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with the applicable regulation on July 1, 1975, and for at least one year thereafter. (ii) December 31, 1973—Sign contracts with fuel suppliers for fuel requirements as projected above. (iii) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (iv) March 15, 1974—Let contracts for necessary boiler modifications, if applicable. (v) June 15, 1974—Initiate onsite modifications, if applicable. (vi) March 31, 1975—Complete onsite modifications, if applicable. (vii) July 1, 1975—Achieve compliance with the requirements of Florida Air Pollution Rules subsections 17–2.04(6)(e)2. c. and d. and certify such compliance to the Administrator. (viii) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (ix) Five days after the deadline for completing paragraphs (b)(4) (ii) through (vi) of this section, certify to the Administrator whether the increment has been met. (5) Any owner or operator subject to paragraph (b)(3) of this section, who elects to utilize stack gas desulfurization shall be subject to the compliance schedule in paragraph (b)(2) of this section. (6) (i) None of the above paragraphs shall apply to a source which is presently in compliance with applicable regulations and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification. (ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date on the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (7) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (b) (2) or (4) of this section fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. [38 FR 16145, June 20, 1973, as amended at 38 FR 22740, Aug. 23, 1973; 38 FR 24333, 24342, Sept. 7, 1973; 38 FR 26325, Sept. 19, 1973; 40 FR 11724, 11725, Mar. 13, 1975; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989] § 52.525 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55328, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] § 52.526 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met, since section 403.111 of the Florida Statutes could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, section 403.111 is disapproved. [39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986] § 52.527 Control strategy: General. top (a) Since the testing and research rule (FAC 17–1.585) submitted by the Florida Department of Environmental Regulation on April 7, 1980, as a revision of the plan does not meet the requirements of Section 110 of the Clean Air Act and the requirements of section 51.8 of this chapter, it is disapproved, and is not part of the plan. (b) [Reserved] [48 FR 52303, Nov. 17, 1983] § 52.528 Control strategy: Sulfur oxides and particulate matter. top (a) In a letter dated October 10, 1986, the Florida Department of Environmental Regulation certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. (b) The variance granted to the Turkey Point and Port Everglades plants of Florida Power and Light Company from the particulate emission limits of the plan is disapproved because the relaxed limits would cause violation of the Class I increment for sulfur dioxide in the Everglades National Park. These plants must meet the 0.1#/MMBTU particulate limit of the plan. [48 FR 33868, July 26, 1983, as amended at 54 FR 25455, June 15, 1989] § 52.529 [Reserved] top § 52.530 Significant deterioration of air quality. top (a) EPA approves the Florida Prevention of Significant Deterioration (PSD) rule on condition that the State submit to EPA by December 14, 1983, a demonstration that its method of calculating increment consumption is consistent with Federal law and regulations. After receipt of the submittal and consideration of additional comments, EPA will, if it finds the State's method to be consistent, fully approve the Florida plan. If not, the State will change its regulation to implement EPA's approach. (b) Pending final full approval of the State's PSD plan by EPA, if a source's application can be approved under Florida's rules, but not under EPA's rules, solely because of the different methods of calculating increment consumption, the source must obtain a PSD permit from EPA before beginning construction. (c) All applications and other information required pursuant to §52.21 of this part from sources located in the State of Florida shall be submitted to the Florida Department of Environmental Regulation, Bureau of Air Quality Management, Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32301. (d) The requirements of sections 160 through 165 of the Clean Air Act are not met since the Florida plan, as submitted, does not apply to certain sources. Therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated by reference and made a part of the Florida plan for: (1) Sources proposing to locate on Indian reservations in Florida; and (2) Permits issued by EPA prior to approval of the Florida PSD rule. [45 FR 52741, Aug. 7, 1980, as amended at 46 FR 17020, Mar. 17, 1981; 48 FR 52716, Nov. 22, 1983; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003] § 52.532 Extensions. top (a) The Administrator hereby extends for 18 months (until July 1, 1980) the statutory timetable for submittal of Florida's plans to attain and maintain the secondary ambient standard for particulate matter in the Jacksonville and Tampa nonattainment areas (40 CFR 81.310). [45 FR 2033, Jan. 10, 1980; 45 FR 28112, Apr. 28, 1980] § 52.533 Source surveillance. top The plan lacks test methods for several source categories. As required by §52.12(c)(1) of this part, EPA test methods (found at 40 CFR part 60) will be used by EPA to determine compliance with the following emission limiting standards: (a) Particulate emissions from citrus plants controlled by a scrubber and subject to the process weight table (submitted as 17–2.05(2) and reformatted as 17–2.610(1)1.a). (b) TRS emissions from recovery furnaces at kraft pulp mills (submitted as 17–2.05(6)D and reformatted as 17–2.600(4)1). (c) Sulfur dioxide emissions from fossil fuel steam sources (submitted as 17–2.05(6)E and reformatted as 17–2.600 (5) and (6)). (d) Emissions from portland cement plants (submitted as 17–2.05(6)F and reformatted as 17–2.600(7)). (e) Particulate and visible emissions from carbonaceous fuel burning equipment (submitted as 17–2.05(6)I and reformatted as 17–2.600(10)). [47 FR 32116, July 26, 1982] § 52.534 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures meeting the requirements of 40 CFR 51.305 and 51.307 for protection of visibility in mandatory Class I Federal areas. (b) Regulations for visibility new source review. The provisions of §52.28 are hereby incorporated and made part of the applicable plan for the State of Florida. [51 FR 5505, Feb. 13, 1986] § 52.536 Original identification of plan section. top (a) This section identifies the original “State of Florida Air Implementation Plan” and all revisions submitted by Florida that were federally approved prior to July 1, 1998. (b) The plan was officially submitted on January 27, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Notification of adoption of standard procedures to test and evaluate air pollution sources submitted on April 10, 1972, by the Florida Department of Pollution Control. (2) Miscellaneous non-regulatory additions to the plan submitted on May 5, 1972, by the Florida Department of Pollution Control. (3) Compliance schedules submitted on June 1, 1973, by the Florida Department of Pollution Control. (4) Compliance schedules submitted on August 6, 1973, by the Florida Department of Pollution Control. (5) Revision of the State permit system to include indirect sources, Section III, Chapter 17–2, submitted on September 25, 1973, by the Florida Department of Pollution Control. (6) Compliance schedules submitted on February 26, 1974, by the Florida Department of Pollution Control. (7) Identification of ten AQMA's submitted on May 30, 1974, by the Florida Department of Pollution Control. (8) Request that EPA defer identification of seven AQCR's submitted on September 25, 1974, by the Florida Department of Pollution Control. (9) Additional information relating to the September 25, 1974, deferral request submitted on November 21, 1974, by the Florida Department of Pollution Control. (10) Additional information relating to the September 25, 1974, deferral request submitted on January 9, 1975, by the Florida Department of Pollution Control. (11) Revision to SO2 emission limits for sulfur recovery plants and sulfuric acid plants submitted on February 12, 1975, by the Florida Department of Pollution Control. (12) Request for deletion of four AQMA's from the AQMA identification list submitted on March 31, 1975, by the Florida Department of Pollution Control. (13) Additional information supporting the March 31, 1975, deletion request submitted on April 9, 1975, by the Florida Department of Pollution Control. (14) Additional information supporting the March 31, 1975, deletion request submitted on April 15, 1975, by the Florida Department of Pollution Control. (15) Revised limits on sulfur dioxide emissions from fossil-fuel-fired steam generators were submitted on July 26, 1975, by the Department of Environmental Regulation. (No action is taken on these new limits as they apply to Duval County.) (16) Revised ambient sulfur dioxide standards for Broward, Dade, and Palm Beach Counties, submitted on December 15, 1975, by the Florida Department of Environmental Regulation. (17) Revised burning rule for cold or frost protection, submitted on January 14, 1976, by the Florida Department of Environmental Regulation. (18) 1979 implementation plan revisions for nonattainment areas, (sulfur dioxide and ozone), submitted on April 30, 1979, as supplemented with August 27, 1979 and January 23, 1980 submittals by the Florida Department of Environmental Regulation. (19) Variance from particulate, sulfur dioxide, and visible emission limits of the plan for units of Florida Power and Light Company's Cape Canaveral, Ft. Myers, Manatee, Riviera, and Sanford plants, submitted on August 31, 1979, and June 23, 1980, by the Florida Department of Environmental Regulation. (The particulate variance for the Port Everglades and Turkey Point plants is disapproved.) (20) Limited variance from particulate, visible, and excess emissions limits granted to Florida Power and Light for Unit 4 of its Sanford station, submitted on February 4, 1980, by the Department of Environmental Regulation. (21) The implementation plan revision developed by the Florida DER for the Jacksonville and Tampa TSP secondary nonattainment areas under Part D of Title I of the CAA was submitted for EPA's approval on February 27, 1981. The control strategies, as approved and adopted for the local program agencies (the Duval County Bio-Environmental Services Division and the Hillsborough County Environmental Protection Commission) were submitted to EPA on March 16 and April 20, 1982, respectively. (22) Pursuant to section 127 of the Clean Air Act, the Florida Department of Environmental Regulation submitted on April 15, 1980 a revision to the SIP concerning provisions for public notification and awareness. (23) The air quality surveillance plan revision was submitted by the Florida Department of Environmental Regulation on December 11, 1979 and updates Florida's SIP to meet EPA requirements as set forth in 40 CFR part 58 (44 FR 27558, May 10, 1979). (24) Reformatting of the Rules and Regulations portion of the Florida State Implementation Plan, submitted on May 8, 1978, by the Florida Department of Environmental Regulation. (25) Revisions to the Sulfur Dioxide Emission Limiting Regulations applicable to specific Fossil Fuel Steam Generators, submitted on November 6, 1978, and February 3, 1979, by the Florida Department of Environmental Regulation. (26) Request for delegation of authority for PSD submitted on September 22, 1980, by the Department of Environmental Regulation. (27) Corrections in 1979 revisions for ozone nonattainment areas (Broward, Dade, Duval, Hillsborough, Orange, Palm Beach, and Pinellas Counties) submitted on May 28, 1980, by the Florida Department of Environmental Regulation to meet conditions of the conditional approval of March 18, 1980 (45 FR 17140). (28) Revised limits on visible emissions from new sulfuric and nitric acid plants and mass particulate emission limits new Portland cement plants, submitted on July 16, 1976, by the Department of Environmental Regulation. (29) Revised Opacity Limits for Monsanto Textile Co., Pensacola, Florida, submitted on December 19, 1979, by the Florida Department of Environmental Regulation. (30) Operating permit for Stauffer Chemical Company, submitted on August 4, 1980, by the Florida Department of Environmental Regulation, to satisfy a condition of the approval of the 1979 revisions for the Pinellas County SO2 nonattainment area. (31) Revised ambient CO and TSP standards applicable in Broward, Dade, and Palm Beach Counties, submitted on August 6, 1976, by the Florida Department of Environmental Regulation. (32) Set II VOC regulations, submitted on August 28, 1980, by the Florida Department of Environmental Regulation. (33) Amendments to Florida's continuous monitoring rule, submitted on January 27, 1978, by the Department of Environmental Regulation. (34) Revisions in Sections 17–2.21 and 17–2.32 of the Florida Administrative Code, adopting, in part, Federal NSPS and NESHAPS regulations, submitted by the Florida Department of Environmental Regulation on August 28, 1980. (35) Revision of gasoline bulk plant rule, submitted on October 15, 1980, by the Florida Department of Environmental Regulation. (36) Variance granted to Florida Power and Light Company for Unit 4 of its Sanford station, submitted on August 11, 1981, by the Department of Environmental Regulation. This variance is applicable until July 1, 1984, or until thirty months after EPA approval, whichever, is later, for particulate, visible, and sulfur dioxide emissions. (37) RACT emission limits and bubble provision for General Portland Inc., Tampa (FAC 17–2.650(2)(c)1.c.), submitted by the Florida Department of Environmental Regulation on August 11, 1981. (38) Revocation of complex source rules, submitted on August 11, 1981, by the Florida Department of Environmental Regulation. (39) Emission limits for sources burning carbonaceous fuel, submitted on May 22, 1974, and January 21, 1981, and reformatted on August 11, 1981, by the Florida Department of Environmental Regulation. (40) Amendments to upset, startup and malfunction rule, submitted on August 12, 1976; revisions to section 17–2.05(14) FAC (excess emissions) and 17–2.05(6) Table II, E., FAC, fossil fuel steam generators-visible emissions, submitted on October 19, 1979; revision describing compliance testing for amendments in section 17–2.05 (14) and (6), submitted on September 24, 1980, by the Department of Environmental Regulation. (41) Reformatting of the rules and regulations portion of the Florida State Implementation Plan, submitted on August 11, 1981, by the Florida Department of Environmental Regulation. (42) Revised open burning and frost protection rule and ambient lead standard, submitted on December 23, 1981, by the Florida Department of Environmental Regulation. (43) On July 14, 1980, the Florida Department of Environmental Regulation (FDER) submitted a revision pertaining to deletion of the regulation on existing petroleum refineries in nonattainment areas and adding test methods for gasoline truck tanks, vapor collection systems, volatile organic compound (VOC) content of coating materials and gasoline bulk terminals for sources located in ozone nonattainment areas. On May 30, 1980, FDER submitted a revision establishing incremental compliance dates for existing VOC sources and extending final compliance dates for certain gasoline service stations. On December 23, 1981, FDER submitted a revision establishing test methods for certain VOC sources, adopting three definitions used in the test methods, and exempting six VOCs. (44) Revised SO2 limits for the Gannon Station of Tampa Electric Company, submitted on December 3, 1980, and associated methods of coal sampling and analysis, submitted on February 16, 1982, by the Florida Department of Environmental Regulation. (45) Revision of the commencement date of the COM test burn period for Florida Power and Light Co.'s Sanford Plant, Unit 4, submitted on March 30, 1982, by the Florida Department of Environmental Regulation. (46) Miscellaneous regulation changes, submitted on August 11, 1981, by the Florida Department of Environmental Regulation. (47) Point source emission testing methods submitted on December 30, 1980, and May 29, 1981, by the Florida Department of Environmental Regulation. (48) Revised ambient standards and episode alert level for ozone, submitted on April 26, 1982, by the Florida Department of Environmental Regulation. (49) Changes in Open Burning and Frost Protection Fire Rule, submitted on November 15, 1982, by the Florida Department of Environmental Regulation. (50) Miscellaneous amendments to Chapter 17–2, submitted on December 23, 1982, by the Florida Department of Environmental Regulation. (51) Regulations for Prevention of Significant Deterioration, submitted on December 23, 1981, and December 23, 1982, by the Florida Department of Environmental Regulation. (No action is taken on the provisions for review involving vessel emissions or nonattainment areas.) (52) Amendments to Chapter 17–2.650(1)(a) and 17–2.650(2)(a) submitted on February 18, 1983, by the Florida Department of Environmental Regulation. The amendments require all new and modified sources of particulate and volatile organic compounds located in nonattainment areas or in areas of influence for particulate matter to utilize Reasonably Available Control Technology (RACT) if they are not subject to Lowest Achievable Emissions Rate (LAER) provisions. (53) Changes to Florida Administrative Code (FAC), Chapter 17–2, submitted on August 12, 1983, and June 13, 1984, by the Florida Department of Environmental Regulation (FDER). (i) Incorporation by reference. (A) August 12, 1983, letter and April 17, 1984, certification of Administrative Rules filed with the Department of State, from the Florida Department of Environmental Regulation. (B) Amendments to Florida Administrative Code Rules 17–2.100(132), 17–2.300 (1) and (2), 17–2.400 (1) through (5), 17–2.500(2)(e)3, 17–2.500(2)(e)4.c.(i), 17–2.500(4)(b), 17–2.650(1)(a). These revisions were adopted on July 1, 1983, by the State of Florida Department of Environmental Regulation. (C) Amendments to Florida Administrative Code Rules 17–2.410 (1) and (3), and 17–2.460, approved on April 17, 1984, by the State of Florida Department of Environmental Regulation. (ii) Additional material None. (54) TSP variance for Jacksonville Kraft Paper Company, submitted on September 2, 1983, by the Florida Department of Environmental Regulation. (55) State implementation plan for lead, submitted by the Department of Environmental Regulation on September 17, 1984. (i) Incorporation by reference. (A) Amendments to Florida Administrative Code, Chapter 17.2–100, Definitions, and 17.2–500 and 510, Applicability (for New Source Review), adopted by the State on January 25, 1984, and September 17, 1984 letter from the Florida Department of Environmental Regulation to EPA. (ii) Additional material (A) Narrative submittal, including an attainment demonstration. (B) Emissions inventories for lead sources. (56) Amendments to the Florida Administrative Code (FAC) submitted by the Secretary of the Florida Department of Environmental Regulation (FDER) on May 30, 1985, which deals with source sampling. (i) Incorporation by reference. (A) Amendments to 17–2.700 FAC, which deals with source sampling procedures and conditions, adopted on April 3, 1985, by the FDER. (ii) Additional material. (A) None. (57) Changes to Florida Administrative Code (FAC) Chapter 17–2, submitted on May 31, 1985, by the Florida Department of Environmental Regulation (FDER). (i) Incorporation by reference. (A) May 31, 1985 letter from the Florida DER, and Amendments to FAC Chapters 17–2.100, 17–2.215, 17–2.540, 17–2.600, 17–2.700 and 17–2.753 which were adopted by the FDER on April 11, 1985. Allow sulfur in the pelletized form to be shipped and handled in the State. Also establish new source review requirements, emission estimating procedures, emission limiting standards, and test procedures for elemental sulfur storage and handling facilities. (ii) Additional information. (A) None. (58) Visibility new source review regulations were submitted to EPA on September 23, 1985. (i) Incorporation by reference. (A) Letter of September 23, 1985, from the State of Florida Department of Environmental Regulation, and amendments to Rule 17–2.100 FAC (Definitions), Rule 17–2.220 FAC (Public Notice and Comment), and Rule 17–2.500 FAC (Prevention of Significant Deterioration), adopted by the Florida Department of Environmental Regulation on July 25, 1985. (59) Post-1982 CO SIP revision for Dade County, submitted on September 19, 1986, by the Florida Department of Environmental Regulation. (i) Incorporation by reference. None. (ii) Other material. (A) Narrative description of analysis performed for CO. (B) Analysis of East Flagler Street Carbon Monoxide Exceedances—Downtown Miami. (C) Description of Methodologies to Assess Eight-Hour Nighttime Carbon Monoxide Exceedances. (D) Identification and Analysis of Potential Carbon Monoxide Hotspots in Dade County, Florida. (E) Analysis of Transportation Control Measures (TCMs), Dade County/Miami. (60) Stack height regulations were submitted on July 1 and November 19, 1986, by the Florida Department of Environmental Regulation. (i) Incorporation by reference. (A) Revised FAC 17–2.100(177), added FAC 17–2.100(178), added FAC 17–2.500(5)(h)6., and added FAC 17–2.510(4)(f), adopted on May 8, 1986. (B) Revised FAC 17–2.100(61) and revised FAC 17–2.270, adopted on September 30, 1986. (ii) Other material. None. (61) [Reserved] (62) Consent Order was submitted by EPA on August 14, 1986, by the Florida Department of Environmental Regulation. (i) Incorporation by reference. (A) A Consent Order for Smart-Pak Industries was adopted by the Florida Department of Environmental Regulation on June 17, 1986. (ii) Additional material. None. (63) Florida plan for the protection of visibility in Federal Class I areas submitted to EPA on August 27, 1987, by the Florida Department of Environmental Regulation (FDER) to satisfy the Part 2 visibility requirements. (i) Incorporation by reference. (A) May 26, 1988, letter from the Florida Department of Environmental Regulation, and pages 20 and 21 of the Florida plan for the protection of visibility in Federal Class I areas containing the periodic review requirements satisfying 40 CFR 51.306(c), adopted by the Florida Department of Environmental Regulation on August 27, 1987. (ii) Additional material. (A) Narrative SIP titled “The Florida Plan for the Protection of Visibility in Federal Class I Areas.” (64) [Reserved] (65) Changes to the Florida Administrative Code (FAC), Chapter 17–2, submitted to EPA on November 19, 1986, and June 12, 1987, by the Florida Department of Environmental Regulations. (i) Incorporation by reference. (A) November 19, 1986, and June 12, 1987, letters from the Florida Department of Environmental Regulation. (B) Amendments to Florida Administrative Code Rules 17–2.100(6), (21) and (118); 17–2.210 introductory text, (1) and (3)(r); 17–2.220(1), (2)(a)–(h); 17–2.300(3)(c)1. and (3)(c)2.; 17–2.310 introductory text; 17–2.450(1)(a) and (2)(a);17–2.500(2)(e)4.a. (i) and (ii), (4)(a)1.a. and (4)(b)1.; 17–2.600(1)(d); and 17–2.700(2)(a)3.; Tables 500–1, 500–2, 500–3, Table 700–1 and Table 700–2. These revisions were adopted on July 1, 1983, and September 30, 1986, by the Florida Department of Environmental Regulation. (ii) Additional material. None. (66) PM10 revisions for the Florida State Implementation FPlan were submitted on May 19, 1988 and July 18, 1989, by the Florida Department of Environmental Regulation. Miscellaneous corrective revisions were also submitted by the Florida Department of Environmental Regulation on July 18, 1989. (i) Incorporation by reference. (A) Revised regulations which became state-effective on May 30, 1988: 17–2.100—Definitions: (16)(a), (17), (61), (143), (173)(b), (202) 17–2.300—Ambient Air Quality Standards: (3)(b) 17–2.310—Maximum Allowable Increases (Prevention of Significant Deterioration Increments): (1)(a) and (2)(a) 17–2.330—Air Alert: (1)(b) thru (f) 17–2.340—Air Warning: (1)(b) 17–2.350—Air Emergency: (1) Introductory paragraph, (1)(b) thru (e) 17–2.400—Procedures for Designation and Redesignation of Areas: (1)(b) 17–2.410—Designation of Areas Not Meeting Ambient Air Quality Standards (Nonattainment Areas): (2)(b), (3) thru (7) 17–2.420—Designation of Areas Meeting Ambient Air Quality Standards (Attainment Areas): (2) 17–2.430—Designation of Areas Which Cannot Be Classified As Attainment or Nonattainment (Unclassifiable Areas): (1) 17–2.450—Designation of Prevention of Significant Deterioration (PSD) Areas: (1) Introductory paragraph and subparagraph (a) 17–2.460—Designation of Air Quality Maintenance Areas: (4) 17–2.500—Prevention of Significant Deterioration: (2)(e)4.b., (4)(e)3., (5)(f)3, Table 500–2 and Table 500–3 17–2.600—Specific Source Emission Limiting Standards: (11)(a)3., 7., 9., (11)(b)3.a., (11)(b)5. (B) Revised regulations which became state-effective on July 9, 1989: 17–2.100—Definitions: (37) and (145) 17–2.210—Permits Required: (1) and (3) 17–2.260—Air Quality Models 17–2.300—Ambient Air Quality Standards: (2) 17–2.340—Air Warning: (1)(c) 17–2.410—Designation of Areas Not Meeting Ambient Air Quality Standards (Nonattainment Areas): (1) and (2)(a) 17–2.420—Designation of Areas Meeting Ambient Air Quality Standards (Attainment Areas): (3) thru (5) 17–2.430—Designation of Areas Which Cannot Be Classified As Attainment or Nonattainment (Unclassifiable Areas): (2) Introductory Paragraph 17–2.460—Designation of Air Quality Maintenance Areas: (1) and (2) 17–2.500—Prevention of Significant Deterioration: (1)(a)—(c) 17–2.520—Sources Not Subject to Prevention of Significant Deterioration or Nonattainment Requirements.: Title 17–2.540—Source Specific New Source Review Requirements: (2)(a) 17–2.600—Specific Emission Limiting and Performance Standards: Title, Introductory paragraph, (1)(a)1., (2)(a)2.a.; (2)(b)1.; (4)(b)2.; (5)(a)1., 2., 3a.(i), and 4. Introductory paragraph; (5)(b); (6); (12)(a)1.; (12)(a)7.; (12)(b); (12)(c) Introductory paragraph; (12)(c)4., (13); and (14) 17–2.610—General Particulate Emission Limiting Standards: Table 610–1 and (3)(c)7. 17–2.650—Reasonably Available Control Technology (RACT): (1)(c)3.a.(ii) and (iii); (1)(f) introductory paragraph; (1)(f)10.c.(i) and (iv); (2)(a)1., (b), (c) Introductory paragraph, (c)1.b. and c., (c)2.b.(ii), (c)3.b.(ii), (c)4.b, (c)5.a. Introductory paragraph, (c)5.a.iv. and v., (c)5.b.(i)–(iv), (c)6.b.(i) and (iii), (c)7.b.(i) and (ii), (c)8. thru 10., (c)11.a. Introductory paragraph, (c)11.a.(vi), (c)11.b., and (c)12.; (2)(d)2.a., b. and c. 17–2.660—Standard of Performances for New Stationary Sources (NSPS): (2)(b) 17–2.700—Stationary Point Source Emissions Test Procedures: (1)(b) Introductory paragraph; (1)(d)1.b.(i), (2)(a)2., (2)(a)4. thru 9.; Table 700–1; (4)(c)1.c.(i) and (ii); (6)(a)1.a., (b)1., (b)2.a. and b., (b)3.a. and b., (b)5., (b)6.a. thru c.,(b)7.b. thru e., (b)10., (b)(12), (b)16.b. and c., (b)18 thru 22, (b)24. thru 31., and (c)6.d. 17–2.710—Continuous Monitoring Requirements: (1)(a)2. 17–2.960—Compliance Schedules for Specific Source Emission Limiting Standards: (1)(c) and (d) Introductory paragraph; (1)(e). (ii) Additional material. (A) Letter of May 19, 1988, from the Florida Department of Environmental Regulation (FDER) submitting the SIP revisions. (B) Letter of July 18, 1989, from the FDER submitting additional SIP revisions. (67) [Reserved] (68) Revisions which were submitted on August 16 and November 8, 1989, concerning Biological Waste Incinerators (i) Incorporation by reference. (A) Revisions to Florida Administrative Code, Chapter 17–2 which became state effective on August 30, 1989. 17–2.100 Definitions; 27, 28, 181, and 182 17.2.600 Specific Source Emission Limiting Standards: (1)(a)1., (1)(b) Introductory paragraph, (1)(c) Introductory paragraph, (1)(d) 17.2.700 Stationary Point Source Emissions Test Procedures: Table 700–1: 17–2.600(1)(a)–(e) 17.2.710 Continuous Monitoring Requirements: paragraph (5) (B) Revisions to Florida Administrative Code, chapter 17–2 which became state effective on November 9, 1989. 17–2.100 Definitions: 26 and 175 (ii) Additional material.(A) Letter of August 16, 1989, from the Florida Department of Environmental Regulation submitting the SIP revision. (B) Letter of November 8, 1989, from the Florida Department of Environmental Regulation submitting the amendments to the August 16, 1989, submittal. (69) Vehicle Anti-tampering and visible emissions regulations (Chapter 17–243 and Chapter 17–244 of the Florida Administrative Code respectively) which were submitted to EPA on March 20, 1990, and revisions to Chapter 17–243 submitted on June 18, 1990. (i) Incorporation by reference. (A) New Florida Administrative Code (FAC) regulations 17–243 (Tampering with Motor Vehicle Pollution Control Equipment) and 17–244 (Visible Emissions from Motor Vehicles) which became state effective on February 21, 1990. (B) Revisions to FAC Chapter 17–243 (Tampering with Motor Vehicle Air Pollution Control Equipment) which became state effective May 29, 1990. (ii) Other material. (A) March 20, 1990, and June 18, 1990, letters from the Florida Department of Environmental Regulation. (70) Revisions to chapter 17–2 of the Florida Administrative Code which were submitted on July 12, 1990. (i) Incorporation by reference. (A) Amendments to the following rules of F.A.C. which become effective on July 13, 1990: 17–2.100 (21), (22), (119) and (126); 17–2.310 (preamble), (1)(c), (2)(c), and (3)(c); 17–2.450 (1)(a), (2)(a), and (3); and 17–2.500 (2)(e)4.b., (3)(f)3., 4(a)3., 4(b)1. thru 3.a. Introductory paragraph, 4(b)3.b. thru d., 4(b)3.e. introductory paragraph and 4(b)3.e.(ii). (ii) Other material. (A) Letter of July 12, 1990, from the Florida Department of Environmental Regulation. (B) Minimum program elements. (71) The Florida Department of Environmental Regulation submitted an Order authorizing research and testing by the Florida Power & Light Company and the operating permit for the Orimulsion Fuel Test Burn at the Sanford Power Plant Unit No. 4 to EPA on October 11, 1990. (i) Incorporation by reference. (A) Florida Department of Environmental Regulation Order authorizing research and testing by the Florida Power & Light Company adopted on October 4, 1990. (B) Florida Power & Light operating permit number AC 64–180842, PSD–FL–150 which becomes State-effective on January 7, 1991. (ii) Other materials. (A) Letter of October 11, 1990, from the Florida Department of Environmental Regulation. (72) Revisions to Chapter 17–2 of the Florida Administrative Code which were submitted on August 16, 1989, and August 27, 1990. (i) Incorporation by reference. (A) Amendments to FAC 17–2.100(41), (153) and (217); 17–2.510(2)(a) introductory paragraph, 17–2.650(1)(a), (1)(b) title, (1)(b)2., (1)(c)1, (1)(d), (1)(e), (1)(f) introductory paragraph, (1)(f)2.a., (1)(f)3.a., (1)(f)5.b., (1)(f)6.a.(i), and (1)(f)14.a.(iii); which became State effective on August 30, 1989. (B) Amendments to FAC 17–2.100(220); 17–2.650(1)(b)2, (1)(d), (1)(e), (1)(f)4.a., and (1)(f)16.a.; 17–2.700 TABLE 700–1; and 17–2.965, which became State effective on September 13, 1990. (ii) Other material. None. (73) Regulations for a centralized vehicle Inspection/Maintenance (I/M) program. These revisions were submitted by the State of Florida, through the Florida Department of Environmental Regulation (FDER) on March 20, 1989. (i) Incorporated by reference. (A) Florida Administrative Code, Chapter 17–242, Mobile Source—Vehicle Emission Standards and Test Procedures Rule which were adopted on January 31, 1989. (ii) Other material. (A) Letter of March 20, 1989, from the Florida Department of Regulation (FDER). (74) Vehicle Anti-tampering revisions (Chapter 17–243 of the Florida Administrative Code) which were submitted to EPA on January 24, 1991. (i) Incorporation by reference. (A) Revisions to FAC Chapter 17–243 (Tampering with Motor Vehicle Air Pollution Control Equipment) which became state effective January 2, 1991, as follows: 17–243.200—Definitions: (1); (2) Introductory Paragraph and (a); and (3) Introductory paragraph 17–243.300—Exemptions: (2); (3) Introductory paragraph and (b); (4) Introductory paragraph, (b), (c) and (d) 17–243.400—Prohibitions 17–243.500—Certification: (1)(a) thru (d) 17–243.600—Enforcement: (2); (3) Introductory paragraph and (b), (4); (6); and (7) (ii) Other material. (A) Letter dated January 24, 1991, from the Florida Department of Environmental Regulation. (75) Revisions to F.A.C. Chapter 17–242 (Motor Vehicle Emission Standards and Testing Procedures) which were submitted to EPA on March 25, 1991. (i) Incorporation by reference. (A) Revision to F.A.C. 17–242 (Motor Vehicle Emission Standards and Testing Procedures) which were adopted March 1, 1991. Revision to F.A.C. Chapter 17–242 as follows: 17–242.100; and 17–242.200 (1), (6), (9), (11), (12), (15), (18), (26), (29) and (30); and 17–242.300; and 17–242.400; and 17–242.500; and 17–242.600 (1–3(a)(3)), 3(a)(6–10), 5(a–f), 5(h), 6 and 17–242.700; and 17–242.800; and 17–242.900 (1), (2)(a), (2)(b), (2)(d) through (2)(g), (3), (4) and (5) (ii) Other material. (A) Letter of March 25, 1991, from the Florida Department of Environmental Regulation. (76) The Florida Department of Environmental Regulation submitted revisions to chapter 17–2 of the Florida Administrative Code which were submitted on January 14, 1992. These revisions incorporate Capture Efficiency Test Procedures for Volatile Organic Compound sources into the Florida Administrative Code. (i) Incorporation by reference. (A) Florida Administrative Code (FAC) 17–2.100 (32), (37), (38), (39), (40), (60), (61), (68), (95), (101), (117), (155), (163), (180), (218), (237), effective December 31, 1991. (B) FAC 17–2.650(1)(f) Introductory paragraph, 1., 2., 3., 4., 5., 6., 7., 12., 14., 15., and 16., effective December 31, 1991. (C) FAC 17–2.700(6)(c)7, effective December 31, 1991. (D) FAC 17–2.700(7), effective December 31, 1991. (ii) Other material. None. (77) [Reserved] (78) State Implementation Plan for chapters 17–296, and 17–297, Soil Thermal Treatment and Recodification of the Florida Administrative Code, chapter 17–2, Air Pollution, submitted by the Department of Environmental Regulation on November 23, 1992, and January 11, 1993, respectively. (i) Incorporation by reference. (A) The following chapters of the Florida Administrative Code, effective October 15, 1992: (1) 17–209, Local Air Pollution Programs, (2) 17–210, Stationary Sources General Requirements, (3) 17–212, Preconstruction Review, (4) 17–252, Gasoline Vapor Control, (5) 17–272, Ambient Air Quality Standards, (6) 17–273, Air Pollution Episodes, (7) 17–275, Air Quality Areas, (8) 17–296, Stationary Sources—Emission Standards, (9) 17–297, Stationary Sources—Emission Monitoring. (B) Revisions to the following Florida Administrative Code: Chapters 17–296.200(162), 17–296.415, table 297.330–1: entry 17–296.415, 17–297.500(6), Soil Thermal Treatment, effective November 17, 1992. (ii) Other material. None. (79) Revisions to the F.A.C. Chapter 17–252 which were submitted by the Florida Department of Environmental Protection on January 8, 1993. The submittal revised the regulations for vapor recovery. (i) Incorporation by reference. (A) Revision to F.A.C. 17–252 which was effective on February 2, 1993: 17–252.100; 17–252.200(2–12); 17–252.300; 17–252.400; 17–252.500; 17–252.800; 17–252.900 (ii) Other material. (A) Letter of January 8, 1993, from the Florida Department of Environmental Regulation. (80) The Florida Department of Environmental Regulation has submitted revisions to chapter 403.0852 of the Florida Statutes on February 24, 1993. These revisions address the requirements of section 507 of title V of the CAA and establish the Small Business Stationary Source Technical and Environmental Assistance Program (PROGRAM). (i) Incorporation by reference. Florida Statutes 403.031(20), 403.0852 (1), (2), (3), (4), 403.0872(10)(b), 403.0873, 403.8051, effective on April 28, 1992. (ii) Other material. None. (81) The maintenance plan for Duval County submitted by the Florida Department of Environmental Protection on June 23, 1993, as part of the Florida SIP. (i) Incorporation by reference. (A) Duval County Ozone Ten Year Maintenance Plan including Emissions Inventory Summary and Projections effective on August 23, 1994. (ii) Other material. None. (82) Revisions to chapter 17–296 and 17–297 of the Florida Administrative Code (FAC) regarding animal crematories and human crematories submitted on October 8, 1992, and December 9, 1993, respectively. (i) Incorporation by reference. (A) Amendments to FAC 17–2.600(d) and 17–2.700 and Table 700–1, adopted September 24, 1992. (B) Amendments to FAC 17–296.200(84), 17–296.401(5), 17–297.330, Table 17–297.330–1 and 17–297.500(7), adopted November 12, 1992. (ii) Additional information. None. (83) Revisions to Chapter 17–296 of the Florida Administrative Code (FAC) regarding Stationary Sources submitted on July 2, 1993. (i) Incorporation by reference. (A) Amendments to FAC 17–296.405 and 17–296.406, adopted June 9, 1993. (84) Revisions to Florida Administrative Code Chapters 1709242 and 1709275 which were effective February 2, 1993. (i) Incorporation by reference. (A) Revisions to Florida Administrative Code 1709242 and 1709275 which were effective February 2, 1993.17.242.200(2), (16), (22), (250926), (29), (31); 17.242.400(2093), (4)(a), (4)(b), (5) introductory text and (5)(a);1709242.500(1)(a-b), (3)(b)1.; 1709242.600(2), (3) introductory text, (3)(a)1., (3)(a)7., (3)(c), (5)(d); 1709242.700 (4) introductory text, (4)(a), (4)(c-d), (5); 1709242.800(1), 1709242.900(1)(b), (2), (3)(c), (4); 1709275.100; 1709275.200 introductory text, (15), (170918); 275.300(1)(c), (3) introductory text,(3)(a), (3)(b)introductory text, (3) introductory text, (3)(b) introductory text, (3)(b)2. introductory text, (3)(b)2.b.-c., (3)(b)3. introductory text, (3)(b)3.a.; 17.275.400(2095); 1709275.410(1093),(6); 1709275.420(1);1709275.600(1),(2) introductory text, (2)(b-c) (ii) Other material. None. (85) Revisions to the State of Florida State Implementation Plan (SIP) concerning emission statements were submitted on January 12, 1993 by the Florida Department of Environmental Protection. (i) Incorporation by reference. (A) Revisions to the following Florida Regulations were effective February 9, 1993. F.A.C. 17–210.100; 17–210.200(47), (49), (52) and (64); 17–210.370; and 17–210.900. (ii) Other material. None. (86) The maintenance plan for Southeast Florida submitted by the Florida Department of Environmental Protection on November 8, 1993, as part of the Florida SIP. (i) Incorporation by reference. (A) Southeast Florida Ozone Ten Year Maintenance Plan including Emissions Inventory Summary and Projections effective on November 8, 1993. (ii) Other material. None. (87) Revisions to the Florida State Implementation Plan submitted by the Department of Environmental Protection on December 10, 1996. (i) Incorporation by reference. Section 62–210.200(1), (29)(g), (77)(a), (b), (137), (145)(a)29., (167), (259)(a)3–5 and (b), (309(y), and 62–210.220 of the Florida SIP effective October 15, 1996. (ii) Other material. None. (88) Revisions to the F.A.C. Chapters 17–212 and 17–296 which were effective February 2, 1993 (i) Incorporation by reference. (A) Revision to F.A.C. 17–212, and 17–296 which were effective on : February 2, 1993. 17–212.100; 17–212.200 introductory paragraph, (5),(12),(57),(63)(e),(64),(75); 17–212.400 introductory paragraph,(2) introductory paragraph, (2)(f)3; 17–212.500(2)(a), (2)(a) introductory paragrpah, 2(a)2. introductory paragraph, 2(a)2.a., (2)(a)2.e.4.,(4)(b), (4)(c),(4)(d)1., (4)(d)2.a.–c., (4)(g), (5)(a), (5)(b)2.,4.–7.. 9.;17–296.200(13), (50), (198); 17.500 introductory paragraph,(1); 17–296.570(3). (B) Revision to F.A.C. 17–296 which became effective on April 17, 1994. 17–296.500(1)(b), (2)(a)(1), (2)(b)(1), (2)(c), (6); 17–296.570(1–2), (4). (ii) Other material. (A) Letters of January 8, 1993 and April 25, 1994, from the Florida Department of Environmental Protection. (89) The maintenance plan for Tampa, Florida, submitted by the Florida Department of Environmental Protection on February 7, 1995. (i) Incorporation by reference. Tampa Redesignation Request and Attainment/Maintenance Plan for the Tampa Bay Florida Ozone Nonattainment Area including Emissions Inventory Summary and Projections adopted on November 16, 1994. (ii) Other material. None. (90) Revisions to Chapter 62–210, Stationary Sources—General Requirements, submitted by the Florida Department of Environmental Protection on December 21, 1994 and April 24, 1995. (i) Incorporation by reference. (A) Revised Sections 62–210.300, “Permits Required”, except 62–210.300(2)(b)1., and 62–210.350, “Public Notice and Comment”, effective November 23, 1994. Revised Section 62–210.300(2)(b)1., effective April 18, 1995. (91) The State of Florida submitted revisions to the FDEP Administrative Code for the Air Pollution Control Program on August 18, 1994. These revisions provide for the control of lead emissions from facilities in the State of Florida, and will replace the Federal Implementation Plan requirements codified in 40 CFR 52.535. (i) Incorporation by reference. Chapters 17–296.200 (97) and (163) introductory paragraph and (e), 17–296.600–605 effective on August 8, 1994. (ii) Other material. None. (92) The Florida Department of Environmental Protection has submitted revisions to the Florida State Implementation Plan on August 12, 1994. These revisions address including the Small Business Stationary Source Technical and Environmental Program in the Florida Administrative Code, Chapter 17–202. (i) Incorporation by reference. (A) Chapter 17–202, Small Business Stationary Source Technical and Environmental Compliance Assistance Program adopted on June 30, 1994. (ii) Additional material.None. (94) Revisions to the Florida SIP regarding perchloroethylene dry cleaning facilities submitted on April 24, 1995. (i) Incorporation by reference. Sections 62–210.200(17) and (48)(c); 62–210.300(2)(b) and (4); 62–296.200(58); and 62–296.412 of the F.A.C., effective April 18, 1995. (ii) Other material. None. (95) The maintenance plan for Southeast Florida submitted by the Florida Department of Environmental Protection on November 15, 1995, as part of the Florida SIP. (i) Incorporation by reference. Revision of the Attainment/Maintenance Plan for the Southeast Florida Ozone Nonattainment Area (Dade, Broward, and Palm Beach Counties) effective on November 15, 1995. (ii) Other material. None. (96) Nine variances to F.A.C. Chapter 62–252 were submitted by the Florida Department of Environmental Protection on April 8, 1996. The submittal granted variances from the regulations for vapor recovery for nine facilities. (i) Incorporation by reference. (A) Florida Department of Environmental Protection Order Granting Variance effective February 28, 1996 for: FAC #508514770; FAC #508944721; FAC #508630588; FAC #50863023; FAC #508514723; FAC #508514722; FAC #508514484; FAC #508513991; FAC #508841861. (ii) Other material. None. (97) General permit rules and exclusionary rules for the State of Florida Department of Environmental Protection submitted by the Florida Department of Environmental Protection as part of the Florida SIP. (i) Incorporation by reference. (A) Florida Administrative Code Regulation 62–210.300(3)(c) and 62–210.300(4) of the Florida SIP as adopted by the Secretary of the Florida Department of Environmental Protection on July 26, 1996 and which became effective on August 15, 1996. (ii) Other material. None. (98) Revisions to the Florida SIP to amend the gasoline tanker truck leak testing procedures, change the requirements to submit test results and update the gasoline tanker truck leak test form which were submitted on September 25, 1996. (i) Incorporation by reference. 62–252.500(3) and 62–252.900, effective September 10, 1996. (ii) Other material. None. (99) [Reserved] (100) Revisions to Chapter 62–204, Stationary Sources—General Requirements, of the Florida SIP submitted by the Department of Environmental Protection on November 22, 1994. (i) Incorporation by reference. Sections 62–204.100, 62–204.200, and 62–204.400 of the Florida SIP, effective November 30, 1994. (ii) Other material. None. (101) Revisions to the Florida SIP adding SO2 permits to specify SO2 emission limits for three sources in Duvall County, Florida submitted on January 28, 1997. (i) Incorporation by reference. The following source specific SO2 permits of the Florida Department of Environmental Protection. SO2 Permits: (A) Permit AO16–169138 SCM Glidco Organics conditions 1 through 18. (B) Permit AO16–222421 Anheuser-Busch, Inc., conditions 1 through 18. (C) Permit AO16–185805 The Celotex Corporation conditions 11 through 16. (ii) Other material. None. [37 FR 10858, May 31, 1972. Redesignated at 64 FR 32348, June 16, 1999] Editorial Note: For Federal Register citations affecting §52.536, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart L—Georgia top § 52.569 [Reserved] top § 52.570 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for Georgia under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraph (c) of this section with an EPA approval date prior to July 1, 2005, and paragraph (d) with an EPA approval date prior to April 10, 2003, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraph (c) of this section with EPA approval dates after July 1, 2005, and paragraph (d) with an EPA approval date after April 10, 2003, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the state implementation plan as of July 1, 2005. (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information Center, Air Docket, 1301 Constitution Avenue NW., Room B102, Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_ register/code_of_ federal_regulations/ibr_locations.html (c) EPA approved regulations. EPA Approved Georgia Regulations ---------------------------------------------------------------------------------------------------------------- State effective State citation Title/subject date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- 391-3-1-.01.................... Definitions........ 12/03/02.......... 7/09/03 68 FR 40786. 391-3-1-.02.................... Provisions......... 391-3-1-.02(1)................. General 03/20/79.......... 09/18/79, 44 FR Requirements. 54047. 391-3-1.02(2).................. Emission Standards. 06/23/96.......... 06/27/96, 61 FR 33372. 391-3-1-.02(2)(a).............. General Provisions. 01/09/91.......... 3/16/06, 71 FR Except for 13551. paragraph 391-3-1- .02(2)(a)1. 391-3-1-.02(2)(b).............. Visible Emissions.. 01/17/79.......... 09/18/79, 44 FR 54047. 391-3-1-.02(2)(c).............. Incinerators....... 06/15/98.......... 12/02/99, 64 FR 67491. 391-3-1-.02(2)(d).............. Fuel-burning 01/17/79.......... 09/18/79, 44 FR Equipment. 54047. 391-3-1-.02(2)(e).............. Particulate 01/17/79.......... 09/18/79, 44 FR Emission from 54047. Manufacturing Processes. 391-3-1-.02(2)(f).............. Normal 01/17/79.......... 09/18/79, 44 FR Superphosphate 54047. Manufacturing Facilities. 391-3-1-.02(2)(g).............. Sulfur Dioxide..... 07/17/02.......... 07/09/03, 68 FR 40789. 391-3-1-.02(2)(h).............. Portland Cement 01/17/79.......... 09/18/79, 44 FR Plants. 54047. 391-3-1-.02(2)(i).............. Nitric Acid Plants. 01/17/79.......... 09/18/79, 44 FR 54047. 391-3-1-.02(2)(j).............. Sulfuric Acid 01/17/79.......... 09/18/79, 44 FR Plants. 54047. 391-3-1-.02(2)(k).............. Particulate 01/17/79.......... 09/18/79, 44 FR Emission from 54047. Asphaltic Concrete Hot Mix Plants. 391-3-1-.02(2)(l).............. Conical Burners.... 01/17/79.......... 09/18/79, 44 FR 54047. 391-3-1-.02(2)(m).............. repealed........... 06/30/75.......... 10/03/75, 40 FR 45818. 391-3-1-.02(2)(n).............. Fugitive Dust...... 01/17/79.......... 09/18/79, 44 FR 54047. 391-3-1-.02(2)(o).............. Cupola Furnaces for 01/27/72.......... 05/31/72, 37 FR Metallurgical 10842. Melting. 391-3-1-.02(2)(p).............. Particulate 12/16/75.......... 08/20/76, 41 FR Emissions from 35184. Kaolin and Fuller's Earth Processes. 391-3-1-.02(2)(q).............. Particulate 01/27/72.......... 05/31/72, 37 FR Emissions from 10842. Cotton Gins. 391-3-1-.02(2)(r).............. Particulate 01/27/72.......... 05/31/72, 37 FR Emissions from 10842. Granular and Mixed Fertilizer Manufacturing Units. 391-3-1-.02(2)(t).............. VOC Emissions from 12/20/94.......... 02/02/96, 61 FR Automobile and 3817. Light Duty Truck Manufacturing. 391-3-1-.02(2)(u).............. VOC Emissions from 01/09/91.......... 10/13/92, 57 FR Can Coating. 46780. 391-3-1-.02(2)(v).............. VOC Emissions from 01/09/91.......... 10/13/92, 57 FR Coil Coating. 46780. 391-3-1-.02(2)(w).............. VOC Emissions from 01/09/91.......... 10/13/92, 57 FR Paper Coating. 46780. 391-3-1-.02(2)(x).............. VOC Emissions from 01/09/91.......... 10/13/92, 57 FR Fabric and Vinyl 46780. Coating. 391-3-1-.02(2)(y).............. VOC Emissions from 01/09/91.......... 10/13/92, 57 FR Metal Furniture 46780. Coating. 391-3-1-.02(2)(z).............. VOC Emissions from 01/09/91.......... 10/13/92, 57 FR Large Appliance 46780. Surface Coating. 391-3-1-.02(2)(aa)............. VOC Emissions from 01/09/91.......... 10/13/92, 57 FR Wire Coating. 46780. 391-3-1-.02(2)(bb)............. Petroleum Liquid 01/09/91.......... 10/13/92, 57 FR Storage. 46780. 391-3-1-.02(2)(cc)............. Bulk Gasoline 01/09/91.......... 10/13/92, 57 FR Terminals. 46780. 391-3-1-.02(2)(dd)............. Cutback Asphalt.... 01/17/79.......... 09/18/79, 44 FR 54047. 391-3-1-.02(2)(ee)............. Petroleum Refinery. 01/09/91.......... 10/13/92, 57 FR 46780. 391-3-1-.02(2)(ff)............. Solvent Metal 05/29/96.......... 04/26/99, 64 FR Cleaning. 20186. 391-3-1-.02(2)(gg)............. Kraft Pulp Mills... 06/03/88.......... 09/30/88, 53 FR 38290. 391-3-1-.02(2)(hh)............. Petroleum Refinery 06/24/94.......... 02/02/96, 61 FR Equipment Leaks. 3817. 391-3-1-.02(2)(ii)............. VOC Emissions from 10/7/99........... 7/10/01, 66 FR Surface Coating of 35906. Miscellaneous Metal Parts and Products. 391-3-1-.02(2)(jj)............. VOC Emissions from 04/03/91.......... 10/13/92, 57 FR Surface Coating of 46780. Flat Wood Paneling. 391-3-1-.02(2)(kk)............. VOC Emissions from 12/18/80.......... 11/24/81, 46 FR Synthesized 57486. Pharmaceutical Manufacturing. 391-3-1-.02(2)(ll)............. VOC Emissions from 12/18/80.......... 11/24/81, 46 FR the Manufacture of 57486. Pneumatic Rubber Tires. 391-3-1-.02(2)(mm)............. VOC Emissions from 04/03/91.......... 10/13/92, 57 FR Graphic Arts 46780. Systems. 391-3-1-.02(2)(nn)............. VOC Emissions from 12/18/80.......... 11/24/81, 46 FR External Floating 57486. Roof Tanks. 391-3-1-.02(2)(oo)............. Fiberglass 12/18/80.......... 11/24/81, 46 FR Insulation 57486. Manufacturing Plants. 391-3-1-.02(2)(pp)............. Bulk Gasoline 04/03/91.......... 10/13/92, 57 FR Plants. 46780. 391-3-1-.02(2)(qq)............. VOC Emissions from 04/03/91.......... 10/13/92, 57 FR Large Petroleum 46780. Dry Cleaners. 391-3-1-.02(2)(rr)............. Gasoline Dispensing 12/26/01.......... 7/11/02, 67 FR Facility_Stage I. 45909. 391-3-1-.02(2)(ss)............. Gasoline Transport 12/26/01.......... 7/11/02, 67 FR Vehicles and Vapor 45909. Collection Systems. 391-3-1-.02(2)(tt)............. VOC Emissions from 2/16/00........... 7/10/01, 66 FR Major Sources. 35906. 391-3-1-.02(2)(uu)............. Visibility 10/31/85.......... 01/28/86, 51 FR Protection. 3466. 391-3-1-.02(2)(vv)............. Volatile Organic 2/16/00........... 7/10/01, 66 FR Liquid Handling 35906. and Storage. 391-3-1-.02(2)(ww)............. Perchloroethylene 11/15/94.......... 06/27/96, 61 FR Repealed. Dry Cleaners. 33372. 391-3-1-.02(2)(yy)............. Emissions of 7/08/04........... 5/09/05, 70 FR Nitrogen Oxides 24310. from Major Sources. 391-3-1-.02(2)(zz)............. Gasoline Dispensing 12/26/01.......... 7/11/02, 67 FR Facilities_Stage 45909. II. 391-3-1-.02(2)(aaa)............ Consumer and 10/27/93.......... 04/26/99, 64 FR Commercial 20186. Products. 391-3-1-.02(2)(bbb)............ Gasoline Marketing. 6/24/03........... 6/17/04, 69 FR 33864. 391-3-1-.02(2)(ccc)............ VOC Emissions from 2/16/00........... 7/10/01, 66 FR Bulk Mixing Tanks. 35906. 391-3-1-.02(2)(ddd)............ VOC Emissions from 2/16/00........... 7/10/01, 66 FR Offset Lithography. 35906. 391-3-1-.02(2)(eee)............ VOC Emissions from 2/16/00........... 7/10/01, 66 FR Expanded 35906. Polystyrene Products Manufacturing. 391-3-1-.02(2)(fff)............ Particulate Matter 06/15/98.......... 12/02/99, 64 FR Emissions from 67491. Yarn Spinning Operations. 391-3-1-.02(2)(hhh)............ Wood Furniture 2/16/00........... 7/10/01, 66 FR Finishing and 35906. Cleaning Operations. 391-3-1-.02(2)(jjj)............ NOX Emissions from 7/17/02........... 07/09/03, 68 FR Electric Utility 40789. Steam Generating Units. 391-3-1-.02(2)(kkk)............ VOC Emissions from 2/16/00........... 7/10/01, 66 FR Aerospace 35906. Manufacturing and Rework Facilities. 391-3-1-.02(2)(lll)............ NOX Emissions from 2/16/00........... 7/10/01, 66 FR Fuel-burning 35906. Equipment. 391-3-1-.02(2)(mmm)............ NOX Emissions from 2/16/00........... 7/10/01, 66 FR Stationary Gas 35906. Turbines and Stationary Engines used to Generate Electricity. 391-3-1-.02(2)(nnn)............ NOX Emissions from 2/16/00........... 7/10/01, 66 FR Large Stationary 35906. Gas Turbines. 391-3-1-.02(2)(ooo)............ Heavy-Duty Diesel 12/28/01.......... 7/11/02, 67 FR Engine 45909. Requirements. 391-3-1-.02(2)(3).............. Sampling........... 06/15/98.......... 12/02/99, 64 FR 67491. 391-3-1-.02(2)(4).............. Ambient Air 01/09/91.......... 12/14/92, 57 FR Standards. 58989. 391-3-1-.02(2)(5).............. Open Burning....... 8/16/00........... 7/10/01, 66 FR 35906. 391-3-1-.02(2)(6).............. Source Monitoring.. 12/28/00.......... 7/11/02, 67 FR 45909. 391-3-1-.02(2)(7).............. Prevention of 06/15/98.......... 12/02/99, 64 FR Significant 67491. Deterioration of Air Quality (PSD). 391-3-.02(2)(11)............... Compliance 06/15/98.......... 12/02/99, 64 FR Assurance 67491. Monitoring. 391-3-1-.03.................... Permits............ 7/8/04............ 5/09/05, 70 FR Paragraph (9) 24310. Permit Fees; Paragraph (10) Title V Operating Permits are not federally approved. 391-3-1-.04.................... Air Pollution 11/20/75.......... 08/20/76, 41 FR Episodes. 35184. 391-3-1-.05.................... Regulatory 11/22/92.......... 02/02/96, 61 FR Exceptions. 3819. 391-3-1-.07.................... Inspections and 11/20/75.......... 08/20/76, 41 FR Investigations. 35184. 391-3-1-.08.................... Confidentiality of 11/20/75.......... 08/20/76, 41 FR information. 35184. 391-3-1-.09.................... Enforcement........ 11/22/92.......... 02/02/96, 61 FR 3819. 391-3-1-.10.................... Continuance of 11/22/92.......... 02/02/96, 61 FR Prior Rules. 3819. 391-3-20....................... Enhanced Inspection 12/25/03.......... 4/12/05, 70 FR and Maintenance. 18991. 391-3-22....................... Clean Fueled Fleets 06/15/98.......... 12/02/99, 64 FR 67491. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State Source specific requirements. EPA-Approved Georgia Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State effective Name of source Permit No. date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Georgia Power Plant Bowen...... EPD-AQC-180........ 11/17/80.......... 08/17/81, 46 FR 41498.. Georgia Power Plant Harllee 4911-117-6716-0.... 04/23/80.......... 05/05/81, 46 FR Branch. 25092.. ITT Rayonier, Inc.............. 2631-151-7686-C.... 11/04/80.......... 08/14/81, 46 FR 41050.. Georgia Power Plant Bowen...... EPD-AQC-163........ 05/16/79.......... 01/03/80, 45 FR 781.. Union Camp..................... 2631-025-7379-0.... 12/18/81.......... 04/13/82, 47 FR 15794.. Blue Bird Body Company......... 3713-111-8601...... 01/27/84.......... 01/07/85, 50 FR 765.. Plant McDonough................ 4911-033-5037-0 12/27/95.......... 03/18/99, 64 FR conditions 10 13348.. through 22. Plant Yates.................... 4911-038-4838-0 12/27/95.......... 03/18/99, 64 FR conditions 19 13348.. through 32. Plant Yates.................... 4911-038-4839-0 12/27/95.......... 03/18/99, 64 FR conditions 16 13348.. through 29. Plant Yates.................... 4911-038-4840-0 12/27/95.......... 03/18/99, 64 FR conditions 16 13348.. through 29. Plant Yates.................... 4911-038-4841-0 12/27/95.......... 03/18/99, 64 FR conditions 16 13348.. through 29. Plant Atkinson................. 4911-033-1321-0 11/15/94.......... 03/18/99, 64 FR conditions 8 13348.. through 13. Plant Atkinson................. 4911-033-1322-0 11/15/94.......... 03/18/99, 64 FR conditions 8 13348.. through 13. Plant Atkinson................. 4911-033-6949 11/15/94.......... 03/18/99, 64 FR conditions 5 13348.. through 10. Plant Atkinson................. 4911-033-1320-0 11/15/94.......... 03/18/99, 64 FR conditions 8 13348.. through 13. Plant Atkinson................. 4911-033-1319-0 11/15/94.......... 03/18/99, 64 FR conditions 8 13348.. through 13. Plant McDonough................ 4911-033-6951 11/15/94.......... 03/18/99, 64 FR conditions 5 13348.. through 10. Atlanta Gas Light Company...... 4922-028-10902 11/15/94.......... 03/18/99, 64 FR conditions 20 and 13348.. 21. Atlanta Gas Light Company...... 4922-031-10912 11/15/94.......... 03/18/99, 64 FR conditions 27 and 13348.. 28. Austell Box Board Corporation.. 2631-033-11436 11/15/94.......... 03/18/99, 64 FR conditions 1 13348.. through 5. Emory University............... 8922-044-10094 11/15/94.......... 03/18/99, 64 FR conditions 19 13348.. through 26. General Motors Corporation..... 3711-044-11453 11/15/94.......... 03/18/99, 64 FR conditions 1 13348.. through 6 and Attachment A. Georgia Proteins Company....... 2077-058-11226 11/15/94.......... 03/18/99, 64 FR conditions 16 13348.. through 23 and Attachment A. Owens-Brockway Glass Container, 3221-060-10576 11/15/94.......... 03/18/99, 64 FR Inc. conditions 26 13348.. through 28 and Attachment A. Owens-Corning Fiberglass 3296-060-10079 11/15/94.......... 03/18/99, 64 FR .................. Corporation. conditions 25 13348.. through 29. ---------------------------------------------------------------------------------------------------------------- (e) EPA Approved Georgia Nonregulatory Provisions. ---------------------------------------------------------------------------------------------------------------- Applicable geographic State submittal date/ Name of nonregulatory SIP Provision or nonattainment area effective date EPA approval date ---------------------------------------------------------------------------------------------------------------- 1. High Occupancy Vehicle (HOV) lane Atlanta Metropolitan 11/15/93 and amended on 03/18/99 and 04/26/99. on I-85 from Chamblee-Tucker Road to Area. 06/17/96. State Road 316. 2. Clean Fuel Vehicles Revolving Loan Program. 3. Regional Commute Options Program and HOV Marketing Program. 4. HOV lanes on I-75 and I-85........ 5. Two Park and Ride Lots: Rockdale County-Sigman at I-20 and Douglas County-Chapel Hill at I-20. 6. MARTA Express Bus routes (15 buses). 7. Signal preemption for MARTA routes #15 and #23. 8. Improve and expand service on MARTA's existing routes in southeast DeKalb County. 9. Acquisition of clean fuel buses for MARTA and Cobb County Transit. 10. ATMS/ Incident Management Program on I-75/I-85 inside I-285 and northern ARC of I-285 between I-75 and I-85. 11. Upgrading, coordination and computerizing intersections. 12. Georgia Interagency Atlanta Metropolitan 2/16/99................ 11/26/02 Transportation Conformity Memorandum Area. of Agreement, except for the following sections: Section 103(4)(d); Section 105(e); Section 106(c); Section 110(c)(1)(ii); Section 110(c)(2)(ii); Section 110(d)(2)(i); Section 110(d)(3)(i); Section 110(e)(2)(i); Section 110(e)(3)(i); Section 119(e)(1); Section 119b(a)(2); Section 130(1); and Section 133. 13. Atlantic Steel Transportation Atlanta Metropolitan 03/29/00............... 8/28/00 Control Measure. Area. 14. Procedures for Testing and Atlanta Metropolitan 7/31/00................ 7/10/01 Monitoring Sources of Air Pollutants. Area. 15. Enhanced Inspection/Maintenance Atlanta Metropolitan 9/20/00................ 7/10/01 Test Equipment, Procedures and Area. Specifications. 16. Preemption Waiver Request for Low- Atlanta Metropolitan 5/31/00................ 2/22/02 RVP, Low-Sulfur Gasoline Under Air Area. Quality Control Rule 391-3-1- .02(2)(bbb). 17. Technical Amendment to the Atlanta Metropolitan 11/09/01............... 2/22/02 Georgia Fuel Waiver Request of May Area. 31, 2000. 18. Georgia's State Implementation Atlanta Metropolitan 7/17/01................ 5/7/02 Plan for the Atlanta Ozone Area. Nonattainment Area. 19. Post-1999 Rate of Progress Plan.. Atlanta Metropolitan 12/24/03............... 7/19/04, 69 FR 42884 Area. 20. Severe Area Vehicle Miles Atlanta 1-hour ozone 6/30/04................ 6/14/05, 70 FR 34358 Traveled (VMT SIP) for the Atlanta 1- severe nonattainment hour severe ozone nonattainment area. area. 21. Atlanta 1-hour ozone attainment Atlanta severe 1-hour 2/1/05................. 6/14/05, 70 FR 34660 area 2015 maintenance plan. ozone maintenance area. 22. Attainment Demonstration for the Walker and Catoosa 12/31/04............... 8/26/05, 70 FR 50199 Chattanooga Early Action Area. Counties. 23. Attainment Demonstration for the Columbia and Richmond 12/31/04............... 8/26/05, 70 FR 50195 Lower Savannah_Augusta Early Action Counties.. Compact Area. ---------------------------------------------------------------------------------------------------------------- [64 FR 27701, May 21, 1999, as amended at 64 FR 35004, June 30, 1999; 64 FR 67494, Dec. 2, 1999; 64 FR 72940, Dec. 29, 1999; 65 FR 4136, Jan. 26, 2000; 65 FR 13241, Mar. 13, 2000; 65 FR 18249, Apr. 7, 2000; 65 FR 39822, June 28, 2000; 65 FR 52040, Aug. 28, 2000; 66 FR 35909, July 10, 2001; 67 FR 8202, Feb. 22, 2002; 67 FR 30589, May 7, 2002; 67 FR 19336, Apr. 19, 2002; 67 FR 45913, 45915, July 11, 2002; 67 FR 60871, Sept. 27, 2002; 68 FR 33015, June 3, 2003; 68 FR 40789, July 9, 2003; 68 FR 48558, Aug. 14, 2003; 69 FR 33864, June 17, 2004; 69 FR 42884, July 19, 2004; 70 FR 18993, Apr. 12, 2005; 70 FR 34362, June 14, 2005; 70 FR 34664, June 15, 2005; 70 FR 24313, May 9, 2005; 70 FR 50198, 50202, Aug. 26, 2005; 71 FR 9931, Feb. 28, 2006; 71 FR 13555, Mar. 16, 2006] § 52.571 Classification of regions. top The Georgia plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Augusta (Georgia)-Aiken (South Carolina) Interstate.. I II III III III Metropolitan Atlanta Intrastate...................... I I III III III Chattanooga Interstate............................... I II III III III Columbus (Georgia)-Phenix City (Alabama) Interstate.. I III III III III Central Georgia Intrastate........................... I I III III III Jacksonville (Florida)-Brunswick (Georgia) Interstate I II III III I Northeast Georgia Intrastate......................... II III III III III Savannah (Georgia)-Beaufort (South Carolina) I I III III III Interstate.......................................... Southwest Georgia Intrastate......................... II II III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10859, May 31, 1972, as amended at 39 FR 16346, May 8, 1974] § 52.572 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Georgia's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977, except as noted below. [44 FR 54050, Sept. 18, 1979] § 52.573 Control strategy: General. top The generic rules and procedures for emission trades (bubbles), submitted on October 27, 1982, by the Georgia Department of Natural Resources, are disapproved because they do not meet the requirements of the Clean Air Act. [49 FR 44464, Nov. 7, 1984] §§ 52.574-52.575 [Reserved] top § 52.576 Compliance schedules. top (a) [Reserved] (b) The extended compliance schedule for the General Motors Lakewood Assembly Plant submitted on July 30, 1982, is disapproved because the State has failed to show that the schedule would not interfere with the attainment of the ozone standard in the Atlanta nonattainment area. [40 FR 3413, Jan. 22, 1975, as amended at 40 FR 18432, Apr. 28, 1975; 40 FR 42352, Sept. 12, 1975; 51 FR 3778, Jan. 30, 1986; 51 FR 40675, 40676, Nov. 7, 1986; 54 FR 25258, June 14, 1989] § 52.577 [Reserved] top § 52.578 Control Strategy: Sulfur oxides and particulate matter. top In a letter dated March 26, 1987, the Georgia Department of Natural Resources certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to Georgia Power plants; Hammond (Coosa), McDonough (Smyrna), Arkwright (Macon), Branch (Milledgeville), Wansley (Roopville), Scherer (Juliette), and Yates (Newnan), Savannah Electric Plants McIntosh (Rincon) and Port Wentworth (Port Wentworth); Inland (Rome); Buckeye Cellulose (Oglethorpe); Georgia Kraft (Macon), Union Camp (Savannah); and Stone Container (Savannah). [54 FR 40002, Sept. 29, 1989] § 52.579 Economic feasibility considerations. top Section 88–906(h), (i), (k), (o) and (q) of the Georgia Code is disapproved, since consideration of economic feasibility could, in some cases, conflict, with the requirements of the Act that primary standards be attained as expeditiously as practicable, but in no case later than July 1975. [39 FR 34536, Sept. 26, 1974] § 52.580 [Reserved] top § 52.581 Significant deterioration of air quality. top (a) All applications and other information required pursuant to §52.21 of this part from sources located in the State of Georgia shall be submitted to the Environmental Protection Division, Georgia Department of Natural Resources, 270 Washington Street, S.W., Atlanta, Georgia 30334, instead of the EPA Region IV office. (b) A letter of commitment concerning the incorporation of EPA's revised modeling guidelines for PSD into the Georgia regulations was submitted to EPA on May 11, 1987, by the Georgia Department of Natural Resources. [41 FR 24885, June 21, 1976, as amended at 47 FR 6018, Feb. 10, 1982; 52 FR 32918, Sept. 1, 1987] § 52.582 Control strategy: Ozone. top (a) Approval—The Administrator approves the incorporation of the photochemical assessment ambient monitoring system submitted by Georgia on November 8, 1993, into the Georgia State Implementation Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State to provide for the establishment and maintenance of photochemical assessment monitoring stations (PAMS). (b) On August 29, 1997, Harold F. Reheis, Director, Georgia Department of Natural Resources submitted to John Hankinson, Regional Administrator, United States Environmental Protection Agency Region IV, a State Implementation Plan revision including the following transportation control measures. (1) HOV Lane—This project referred to as AR 073B is the addition of HOV lanes on I–85 from Chamblee-Tucker Road to State Route 316. (2) Ridershare Program—This project is referred to as AR–220 and is a lump sum eligible to all colleges and universities with the 10 county ARC region. (3) Transportation Management Associations—Referred to as project AR 221 is to set up a “pot” of funds set aside specially to assist in the development of transportation management associations and start-up ridershare services in the areas that are considered to be highly congested throughout the Region. (4) MARTA Transit Incentives Program—This project is referred to as AR–231. (5) Alternative Fuel Refueling Station/Park and Ride Transportation Center—This project is referred to as DO–AR–211. (c) EPA is giving final interim approval to the Georgia Inspection and Maintenance (I/M) Program submitted on March 27, 1996, with supplemental information submitted on January 31, 1997, until November 11, 1999. [59 FR 46178, Sept. 7, 1994, as amended at 63 FR 23390, Apr. 29, 1998; 63 FR 34302, June 24, 1998; 64 FR 4570, Jan. 29, 1999] § 52.583 Additional rules and regulations. top Section 391–3–1–.02(2)(e), Particulate Emissions from Manufacturing Processes, is hereby approved only to the extent that it provides for the establishment, as permit conditions, of emission limits more stringent than those otherwise applicable under the currently approved Georgia regulations. Any application of this regulation which would result in permit provisions less stringent than those otherwise required by the State's regulations must be formally submitted to EPA for prior approval as a plan revision pursuant to section 110(a) of the Clean Air Act. [41 FR 35185, Aug. 20, 1976] § 52.590 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of Georgia” and all revisions submitted by Georgia that were federally approved prior to December 1, 1998. (b) The plan was officially submitted on January 27, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Revisions to paragraph (a)(2) of Code Chapter 88–9 submitted on March 28, 1972, by the Assistant Attorney General. (2) Certification of public hearing submitted on February 14, 1972, by the Georgia Department of Health. (3) Miscellaneous non-regulatory additions to the plan submitted on March 9, 1972, by the Georgia Department of Health. (4) Clarifying comments on the plan submitted on May 5, 1972, by the Georgia Department of Health. (5) Certification of public hearing and miscellaneous additions to Chapter 391–3–1, Sections .02(2)(d), .02(2)(q), .02(2)(r) and .02(6) submitted on July 31, 1972, by the Governor. (6) Amendments concerning operating permits, Section 391–3–1–.03, submitted on March 20, 1974, by the Georgia Department of Natural Resources. (7) AQMA identification material submitted on May 17, 1974, by the Georgia Department of Natural Resources. (8) Revisions to Sections 391–3–1–02(2)(a) and 391–3–1–.02(2)(g) and revocation of Section 391–3–1–02(2)(i) submitted on July 23, 1974, by the Georgia Department of Natural Resources. (9) Compliance schedules submitted on August 2, 1974, by the Georgia Department of Natural Resources. (10) Temporary operating permits submitted as compliance schedules on October 8, 1974, by the Georgia Department of Natural Resources. (11) Temporary operating permits submitted as compliance schedules on November 7, 1974, by the Georgia Department of Natural Resources. (12) Compliance schedules submitted on January 23, 1975, by the Georgia Department of Natural Resources. (13) AQMA identification material submitted on March 10, 1975, by the Georgia Department of Natural Resources. (14) Permit to operate for Georgia Power Company's Plant Atkinson submitted on May 22, 1975, by the Georgia Department of Natural Resources. (15) Deletion of Section 391–3–1–.02(2)(m), the last sentence in Section 391–3–1–.03(2)(c) and the last sentence in Section 391–3–1–.03(3) submitted on June 30, 1975, by the Georgia Department of Natural Resources. (16) Miscellaneous plan revisions, submitted on December 16, 1975, by the Georgia Department of Natural Resources. (17) 1979 Implementation plan revisions for nonattainment areas for ozone, total suspended particulates, and carbon monoxide, submitted on January 17, March 9, 16, 20, June 29, December 27, 1979 and April 8, 1980, by the Georgia Department of Natural Resources. (18) Order for Georgia Power Company's Plant Bowen, Units 1 and 2, Taylorsville, submitted on May 16, 1979, by the Georgia Department of Natural Resources. (19) Miscellaneous implementation plan revisions, submitted on March 9, 1979, by the Georgia Department of Natural Resources. (20) Alternate VOC compliance schedules for Ford and General Motors plants in the Atlanta area, submitted on April 14, 1980 by the Georgia Department of Natural Resources. (21) Order for Georgia Power Company's Plant Harllee Branch, Unit 3 and 4 submitted on May 13, 1980, by the Georgia Department of Natural Resources. (22) Air quality surveillance plan submitted on January 29, 1980, by the Georgia Department of Natural Resources. (23) Permit revision affecting the allowable particulate emission rates from the No. 6 Recovery Boiler, No. 3 Power Boiler and No. 5 Smelt Dissolving Tank at the ITT Rayonier, Inc. in Jesup, Georgia submitted on December 18, 1980, by the Georgia Department of Natural Resources. (24) Order on Units 1 and 2 of Georgia Power Company's Plant Bowen submitted on December 20, 1980, by the Georgia Department of Natural Resources. (25) Georgia lead SIP submitted on December 18, 1980, by the Georgia Department of Natural Resources. (26) Prevention of significant deterioration SIP, submitted on December 18, 1980, by the Georgia Department of Natural Resources. (27) A modified permit submitted on December 22, 1981, by the Georgia Department of Natural Resources which imposes special reporting and opacity limitations on Union Camp Corporation's Power Boilers 11 and 12 in Savannah, Georgia. (28) Set II VOC regulations, submitted on December 18, 1980, by the Georgia Department of Natural Resources. (29) Alternative VOC compliance schedules for three sources in the Atlanta area (St. Regis Paper Co., Printpack, Inc., and American Can Co.), submitted on December 18, 1980, and May 7, 1981, by the Georgia Department of Natural Resources. (30) Revisions to the Part D plan for the Atlanta CO nonattainment area, submitted on July 30, 1982, by the Georgia Department of Natural Resources. (31) Bubble permit for Blue Bird Body Company in Fort Valley, submitted on January 27, 1984, by the Georgia Department of Natural Resources. (32) Visibility new source review regulations and visibility monitoring strategy were submitted to EPA on May 22, 1985, and October 31, 1985. (i) Incorporation by reference. (A) Letter of May 22, 1985, from the Georgia Department of Natural Resources and new paragraph (2)(uu) of Rule No. 391–3–1–.02, titled “Visibility Protection”, adopted by the Georgia Board of Natural Resources on May 1, 1985. (ii) Additional material. (A) Narrative SIP, titled “Georgia's Plan for Visibility Protection in Class I Areas” which includes the State's Visibility Monitoring Strategy. (B) Letter dated October 31, 1985, from the Georgia Department of Natural Resources, providing a schedule for the completion of Georgia's Visibility Monitoring Strategy. (33) [Revised] (34) Revision to Georgia's plan for visibility protection in Class I areas entitled “Visibility SIP” submitted to EPA on August 31, 1987, by the Georgia Environmental Protection Division (GEPD) to satisfy the Part 2 visibility requirements. (i) Incorporation by reference. (A) June 10, 1988, letter from the Georgia Department of Natural Resources, and page 5 of the section entitled “Visibility SIP” which is part of the Georgia plan for visibility protection in Class I areas. This page contains the periodic review requirements satisfying 40 CFR 51.306(c), and was adopted by the Georgia Department of Natural Resources on August 31, 1987. (ii) Additional material. (A) Narrative entitled “Visibility SIP”, a revision to Georgia's plan for visibility protection in Class I areas. (35) A revised subsection (2)(c), “Incinerators,” of rule 391–3–1–02 was submitted by the Georgia Department of Natural Resources on May 22, 1985. (i) Incorporation by reference. (A) Letter of May 22, 1985, from the Georgia Department of Natural Resources and revised subsection (2)(c) of rule 391–3–1–.02, titled “Incinerators,” adopted by the Georgia Board of Natural Resources on May 1, 1985. (ii) Additional material. None. (36) Revised subsections (b) and (d) of rule 391–3–1–.02 (5), “Open Burning,” were submitted by the Georgia Department of Natural Resources on May 22, 1985. (i) Incorporation by reference. (A) Letter of May 22, 1985, from the Georgia Department of Natural Resources and revised subsections (b) and (d) of rule 391–3–1–.02(5), entitled “Open Burning,” adopted by the Georgia Board of Natural Resources on May 1, 1985, to be effective May 27, 1985. (ii) Additional material. (A) Modeling demonstration, submitted on February 19, 1988, by the Georgia Department of Natural Resources. (37) Revisions to the VOC regulations, to correct RACT deficiencies; Chapter 391–3–1–.01, and .02 of the Georgia Department of Natural Resources Rules for Air Quality Control, which was submitted on January 3, 1991, and April 3, 1991. Change to Chapter 391–3–1–.02(3) to reference a new version of the test manual which includes capture efficiency protocols, which was submitted on September 30, 1991, and November 15, 1991. (i) Incorporation by reference. (A) The following Rules of the Georgia Department of Natural Resources, Chapter 391–3–1, Air Quality Control, became State effective on January 9, 1991. 391–3–1–.01(jjj); 391–3–1–.02(2)(a)4.; 391–3–1–.02(2)(t); 391–3–1–.02(2)(u)2.(i) and (iii); 391–3–1–.02(2)(v)2.(i) and (iii); 391–3–1–.02(2)(w)2.(i) and (iii); 391–3–1–.02(2)(x)2.(i), (iii), and (x)3.(v); 391–3–1–.02(2)(y)2.(i) and (iii); 391–3–1–.02(2)(z)2.(i) and (iii); 391–3–1–.02(2)(aa)2.(i) and (iii); 391–3–1–.02(2)(bb)1.(ii); 391–3–1–.02(2)(cc); 391–3–1–.02(2)(ee)1.(iii); 391–3–1–.02(2)(ff)2.(ii)(V) and 3.(iii)(III); 391–3–1–.02(2)(ii)4.(i) and (iii); 391–3–1–.02(2)(jj)2.(i) and (iii); 391–3–1–.02(2)(mm)1.(i), (ii), and (iii); 391–3–1–.02(2)(pp); 391–3–1–.02(2)(qq); 391–3–1–.0292)(rr); 391–3–1–.02(2)(ss); 391–3–1–.02(3)(a); 391–3–1–.02(6)(a)3. (B) A revised Rule 391–3–1–.02(3)(a) “Sampling” which became State effective October 17, 1991. (ii) Other material. None. (38) State implementation plan for PM10 which was submitted on April 15, 1988, January 3, 1991, and April 3, 1991, by the Georgia Department of Natural Resources. (i) Incorporation by reference. (A) Revisions to Chapter 391–3–1, “Air Quality Control” which became State effective April 14, 1988. Rule 391–3–1–.01, “Definitions”, mm, yyy, zzz, aaaa; Rule 391–3–1–.02(4)(c), “Ambient Air Standards”; Rule 391–3–1.–02(7), “Prevention of Significant Deterioration of Air Quality”. (B) Revisions to Rule 391–3–1–.02(4)(c), “PM10”, which became State effective January 9, 1991. (ii) Other material. (A) April 15, 1988, January 3, 1991, and April 3, 1991, letters from the Georgia Department of Natural Resources. (39) On December 15, 1986, and November 13, 1992, the Georgia Department of Natural Resources, Environmental Protection Division submitted regulations for Part D New Source Review. (i) Incorporation by reference. Revisions to the following Rules of Georgia Department of Natural Resources, Environmental Protection Division, effective November 22, 1992: (A) 391–3–1–.01 introductory paragraph (B) 391–3–1–.03(8)(c) (ii) Other material. Letter dated February 28, 1989, from the Georgia Department of Natural Resources, page 3 regarding change in operation of a source. (40) Revisions to include NO2 increment requirements in the PSD regulations, Chapter 391–3–.02(7) of the Georgia Department of Natural Resources Administrative Code which was submitted on January 3, 1991. (i) Incorporation by reference. (A) Rule 391–3–1–.02(7) entitled “Prevention of Significant Deterioration of Air Quality” which became state effective on January 9, 1991. (ii) Other material. (A) Letters dated January 3, 1991, and April 3, 1991, from the Georgia Department of Natural Resources. (B) Letter dated August 6, 1991, from the Georgia Department of Natural Resources regarding minimum program elements. (41) Revisions to Chapters 391–3–1–.01, 391–3–1–.02, and 391–3–1–.03 of the Georgia Department of Natural Resources Rules for Air Quality Control, adopted on May 29, 1996, October 27, 1993, and August 23, 1995. (i) Incorporation by reference. (A) Rules of the Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391–3–1, Air Quality Control, adopted on May 29, 1996: (1) 391–3–1–.01(llll). (2) 391–3–1–.01(mmmm). (3) 391–3–1–.02(2)(ff)4. (4) 391–3–1–.02(2)(ff)5. (5) 391–3–1–.02(7). (6) 391–3–1–.03(6). (7) 391–3–1–.03(6)(b)11. (8) 391–3–1–.03(6)(b)13. (9) 391–3–1–.03(6)(c). (10) 391–3–1–.03(6)(g). (11) 391–3–1–.03(6)(h). (B) Rules of the Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391–3–1, Air Quality Control, adopted October 27, 1993: (1) 391–3–1–.02(2)(aaa). (2) 391–3–1–.02(5)(a)3. (3) 391–3–1–.02(5)(a)13. (4) 391–3–1–.02(5)(b). (C) Rules of the Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391–3–1, Air Quality Control, adopted August 23, 1995: (1) 391–3–1–.02(2)(ii)6. (2) 391–3–1–.02(2)(rr)1. (3) 391–3–1–.02(2)(rr)3(vii). (4) 391–3–1–.02(2)(rr)6. (5) 391–3–1–.02(2)(zz)3. (6) 391–3–1–.02(2)(zz)7. (7) 391–3–1–.02(2)(zz)8. (8) 391–3–1–.02(2)(zz)9. (9) 391–3–1–.02(2)(zz)10. (10) 391–3–1–.02(2)(zz)11. (11) 391–3–1–.02(2)(zz)13. (12) 391–3–1–.02(2)(zz)20. (13) 391–3–1–.02(2)(aaa)4. (ii) Other material. None. (42) Revisions to the Georgia stack height regulations; Chapter 391–3–1 of the Georgia Department of Natural Resources Administrative Code which were submitted on December 15, 1986, and January 3, 1991. (i) Incorporation by reference. (A) Rule 391–3–1–.02 (2)(g), which was adopted by the Georgia Dept. of Natural Resources on December 3, 1986. (B) Rule 391–3–1–.01 (Definitions) to include definitions (bbbb) and (cccc) for “stack” and “stack in existence”; and Rule 391–3–1–.02 (2)(a)4., which were adopted on December 5, 1990 by the Georgia Department of Natural Resources, and became State law effective January 9, 1991. (43) The Georgia Environmental Protection Division has submitted revisions to the Georgia State Implementation Plan on September 27, 1995. These revisions address the requirements of section 507 of Title V of the Clean Air Act and establish the Small Business Stationary Source Technical and Environmental Program. (i) Incorporation by reference. (A) The submittal of the state of Georgia's Small Business Stationary Source Technical and Environmental Compliance Assistance Program which was adopted on July 20, 1995. (ii) Additional material. None. (44) Revisions to the Georgia State Implementation Plan; Chapter 391–3–1 and Chapter 391–3–10 of the Georgia Department of Natural Resources Administrative Code which were submitted to EPA on November 13, 1992. (i) Incorporation by reference. (A) Georgia Department of Natural Resources Air Quality Rules submitted by the Georgia Department of Natural Resources, Environmental Protection Division for inclusion in the Georgia state implementation plan which were adopted on October 28, 1992, are as follows: 391–3–1–.05, 391–3–1–.09, 391–3–1–.10, 391–3–1–.02(2)(zz), 391–3–1–.02(6)(a)4., 391–3–1–.03(5), 391–3–1–.03(6)(h), 391–3–10.01(d)(e), 391–3–10–.04(d), 391–3–10–.07(2), 391–3–10–.10(b), 391–3–10–.12, 391–3–10–.24(11), 391–3–10–.30(1), 391–3–10–.30(2). (ii) Other material. None. (45) The State of Georgia submitted a lead SIP for the Muscogee County lead nonattainment area dated September 28, 1998. (i) Incorporation by reference. State Implementation Plan for Lead Columbus, Georgia Muscogee County, Requirements for the GNB facility that were adopted on September 28, 1998. (ii) Other material. None. (46) Revisions to minor source permit rules submitted by the Georgia Environmental Protection Division on March 15, 1995. (i) Incorporation by reference. Revised Rule 391–3–1–.03, “Permits”, sections (1), (2), and (12), effective August 17, 1994. (ii) Other material. None. (47) Chapter 391–3–1–.01, .02(2), and .02(7), of the Georgia Department of Natural Resources Rules for Air Quality Control, submitted on June 24, 1994, and November 15, 1994. Change to Chapters 391–3–1–.02(3) and 391–3–1–.02(6) to reference a new version of the Georgia Department of Natural Resources Manual of Procedures for Testing and Monitoring Sources of Air Pollutants, submitted on November 15, 1994. (i) Incorporation by reference. (A) The following revised Rules of the Georgia Department of Natural Resources, Chapter 391–3–1, Air Quality Control, became State effective on June 13, 1994: 391–3–1–.02(2)(hh)(iii); 391–3–1–.02(7); (B) The following revised Rules of the Georgia Department of Natural Resources, Chapter 391–3–1, Air Quality Control, became State effective on November 20, 1994: 391–3–1–.01; 391–3–1–.02(2)(t); 391–3–1–.02(2)(ccc); 391–3–1–.02(2)(eee); 391–3–1–.02(3)(a); 391–3–1–.02(6)(a)2.(v)(I); 391–3–1–.02(6)(a)2.(vii)(I); 391–3–1–.02(6)(a)2.(vii)(II)I.; 391–3–1–.02(6)(b)1.(vi) (ii) Other material. None. (48) Clean Fuel Fleet program submitted to EPA by the Georgia Department of Natural Resources on May 5, 1994. (i) Incorporation by reference. (A) Addition of Regulations 391–3–21–.01, “Definitions,” 391–3–21–.02, “Covered Area,” 391–3–21–.03, “Covered Fleet Operators,” 391–3–21–.04, “Covered Fleet Vehicles,” 391–3–21–.05, “Determination of Capable of Being Centrally Fueled,” 391–3–21.06, “Purchase Requirements,” 391–3–21.07, “Emission Standards,” 391–3–21.08, “Credit Program,” 391–3–21.09, “Transportation Control Exemptions,” 391–3–21.10, “Requirements for Fuel Providers,” 391–3–21–.11, “ Enforcement” which became effective on May 22, 1994. (ii) Other material. None. (49) Addition of NOX RACT permits to specify RACT for specific sources, submitted on November 15, 1994, and March 19, 1998. (i) Incorporation by reference. (A) The following source specific NOX RACT permits of the Georgia Department of Natural Resources, Chapter 391–3–1, Air Quality Control, effective on December 27, 1995. NOX RACT Permits: (1) Permit 4911–033–5037–0 Plant McDonough conditions 10 through 22; (2) Permit 4911–038–4838–0 Plant Yates conditions 19 through 32; (3) Permit 4911–038–4839–0 Plant Yates conditions 16 through 29; (4) Permit 4911–038–4840–0 Plant Yates conditions 16 through 29; and (5) Permit 4911–038–4841–0 Plant Yates conditions 16 through 29. (B) The following source specific NOX RACT permits of the Georgia Department of Natural Resources, Chapter 391–3–1, Air Quality Control, effective on November 15, 1994. NOX RACT Permits: (1) Permit 4911–033–1321–0 Plant Atkinson conditions 8 through 13. (2) Permit 4911–033–1322–0 Plant Atkinson conditions 8 through 13. (3) Permit 4911–033–6949 Plant Atkinson conditions 5 through 10. (4) Permit 4911–033–1320–0 Plant Atkinson conditions 8 through 13. (5) Permit 4911–033–1319–0 Plant Atkinson conditions 8 through 13. (6) Permit 4911–033–6951 Plant McDonough conditions 5 through 10. (7) Permit 4922–028–10902 Atlanta Gas Light Company conditions 20 and 21. (8) Permit 4922–031–10912 Atlanta Gas Light Company conditions 27 and 28. (9) Permit 2631–033–11436 Austell Box Board Corp. conditions 1 through 5. (10) Permit 8922–044–10094 Emory University conditions 19 through 26. (11) Permit 3711–044–11453 General Motors Corporation conditions 1 thorough 6 and Attachment A. (12) Permit 2077–058–11226 Georgia Proteins Company conditions 16 through 23 and Attachment A. (13) Permit 3221–060–10576 Owens-Brockway Glass Container, Inc. conditions 26 through 28 and Attachment A. (14) Permit 3296–060–10079 Owens-Corning Fiberglass Corporation conditions 25 through 29. (15) Permit 3354–038–6686–0 William L. Bonnell Co. conditions 17 through 30. (16) Permit 4922–075–10217 Transcontinental Gas Pipe Line Corporation conditions 21 through 24. (17) Permit 9711–033–11456 Lockheed-Georgia Company conditions 1 through 11. (18) Permit 3241–060–8670 Blue Circle Incorporated conditions 48 through 54. (ii) Other material. None. (50) Georgia Enhanced Inspection and Maintenance submitted to EPA by the Georgia Department of Natural Resources on March 27, 1996. (i) Incorporation by reference. (A) Chapter 391–3–20 Enhanced Inspection and Maintenance program effective on September 24, 1996. (ii) Other material. None. [37 FR 10859, May 31, 1972. Redesignated at 64 FR 27701, May 21, 1999] Editorial Note: For Federal Register citations affecting §52.590, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart M—Hawaii top § 52.620 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for State of Hawaii under section 110 of the Clean Air Act, 42 U.S.C. 7401–7671q and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to June 1, 2005, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after June 1, 2005, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region IX certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of June 1, 2005. (3) Copies of the materials incorporated by reference may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, N.W., Room B108, Washington, D.C.; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. Table 52.620._EPA Approved State of Hawaii Regulations ---------------------------------------------------------------------------------------------------------------- EPA approval State citation Title/subject Effective date date Explanation ---------------------------------------------------------------------------------------------------------------- Department of Health, Title 11, Chapter 60, Air Pollution Control Regulations: 11-60-1........................ Definitions................ 11/29/1982 08/18/1983 48 FR 37403 11-60-2........................ Permit system, 11/29/1982 08/18/1983 48 FR 37403 applicability. 11-60-3........................ Permit system, applications 11/29/1982 08/18/1983 48 FR 37403 11-60-4........................ Permit system, conditions 11/29/1982 08/18/1983 48 FR 37403 for considering application. 11-60-5........................ Permit system, action on 11/29/1982 08/18/1983 48 FR 37403 applications. 11-60-6........................ Permit system, performance 11/29/1982 08/18/1983 48 FR 37403 testing. 11-60-7........................ Permit system, cancellation 11/29/1982 08/18/1983 48 FR 37403 of authority to construct. 11-60-8........................ Permit system, suspension 11/29/1982 08/18/1983 48 FR 37403 or revocation of permit to operate. 11-60-9........................ Permit system, transfer of 11/29/1982 08/18/1983 48 FR 37403 permit to operate. 11-60-10....................... Permit system, reporting 11/29/1982 08/18/1983 48 FR 37403 discontinuance or dismantlement. 11-60-11....................... Permit system, posting of 11/29/1982 08/18/1983 48 FR 37403 permit to operate. 11-60-12....................... Permit system, fees........ 11/29/1982 08/18/1983 48 FR 37403 11-60-13....................... Permit system, fee schedule 11/29/1982 08/18/1983 48 FR 37403 for a permit to operate. 11-60-14....................... Permit system, period of 11/29/1982 08/18/1983 48 FR 37403 permit. 11-60-15....................... Sampling, testing, and 11/29/1982 08/18/1983 48 FR 37403 reporting methods. 11-60-16....................... Malfunction of equipment 11/29/1982 08/18/1983 48 FR 37403 reporting. 11-60-17....................... Prohibition of air 11/29/1982 08/18/1983 48 FR 37403 pollution. 11-60-18....................... Control of open burning.... 11/29/1982 08/18/1983 48 FR 37403 11-60-19....................... Agricultural burning, 11/29/1982 08/18/1983 48 FR 37403 permit requirement. 11-60-20....................... Agricultural burning, 11/29/1982 08/18/1983 48 FR 37403 applications. 11-60-21....................... Agricultural burning, ``No 11/29/1982 08/18/1983 48 FR 37403 burn'' days. 11-60-22....................... Agricultural burning, 11/29/1982 08/18/1983 48 FR 37403 recordkeeping and monitoring. 11-60-23....................... Agricultural burning, 11/29/1982 08/18/1983 48 FR 37403 action on application. 11-60-24....................... Visible emissions.......... 11/29/1982 08/18/1983 48 FR 37403 11-60-25....................... Control of motor vehicles.. 11/29/1982 08/18/1983 48 FR 37403 11-60-26....................... Fugitive dust.............. 11/29/1982 08/18/1983 48 FR 37403 11-60-27....................... Incineration............... 11/29/1982 08/18/1983 48 FR 37403 11-60-28....................... Bagasse-burn vehicles...... 11/29/1982 08/18/1983 48 FR 37403 11-60-29....................... Process industries......... 11/29/1982 08/18/1983 48 FR 37403 11-60-35....................... Prevention of air pollution 11/29/1982 08/18/1983 48 FR 37403 emergency episodes. 11-60-37....................... Penalties and remedies..... 11/29/1982 08/18/1983 48 FR 37403 11-60-38....................... Severability............... 11/29/1982 08/18/1983 48 FR 37403 ---------------------------------------------------------------------------------------------------------------- (d) EPA approved State source specific requirements. ---------------------------------------------------------------------------------------------------------------- EPA approval Name of source Permit No. Effective date date Explanation ---------------------------------------------------------------------------------------------------------------- None. ---------------------------------------------------------------------------------------------------------------- (e) [Reserved] [70 FR 44854, Aug. 4, 2005; 70 FR 49377, Aug. 23, 2005] § 52.621 Classification of regions. top The Hawaii plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant --------------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- State of Hawaii................................. II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10860, May 31, 1972] § 52.622 Original identification of plan. top (a) This section identified the original “Implementation Plan for Compliance With the Ambient Air Quality Standards for the State of Hawaii” and all revisions submitted by the State of Hawaii that were federally approved prior to June 1, 2005. (b) The plan was officially submitted on January 28, 1972. (1) Previously approved on May 31, 1972 and now deleted without replacement chapter 43, section 7. (c) The plan revisions listed below were submitted on the dates specified. (1) Certification that the plan was adopted submitted on April 4, 1972, by the Department of Health. (2) Telegram and letters (Non-regulatory) clarifying the plan submitted on May 8, 1972, by the Governor. (3) Telegram (Non-regulatory) clarifying the particulate matter control strategy submitted on May 22, 1972, by the Governor. (4) Letter (Non-regulatory) clarifying disapproval of the plan submitted on June 15, 1972, by the Governor. (5) Revised regulations (in their entirety) for the State of Hawaii submitted on November 21, 1972, by the Governor. (6) Regulations establishing a permit system for agricultural burning submitted on May 15, 1973, by the Governor. (7) Compliance schedule submitted on July 27, 1973, by the Governor. (8) 18-month extension plan for particulate matter submitted on August 15, 1973, by the Governor. (9) Date for attainment of the national ambient air quality standards for particulate matter submitted on April 25, 1974, by the Governor. (10) Previously approved on April 23, 1979 and now deleted without replacement: A variance to the Hawaii Public Health Regulations, chapter 43, section 7(b)(5) submitted on September 12, 1978, by the Governor. (11) A variance to the Hawaii Public Health Regulations, Chapter 43, Section 7(b)(5) submitted on February 22, 1979 by the Governor. (12) The following amendments to the plan were submitted on August 21, 1980, by the Governor. (i) XII. Air Quality Surveillance Network. (13) A variance to the Hawaii Public Health Regulations, Chapter 43, section 8 (b)(1) submitted on November 25, 1980 by the Governor. (14) Previously approved on September 30, 1982 and now deleted without replacement: A variance of the Hawaii Public Health Regulations, chapter 43, section 8(b)(1) submitted on April 6, 1982, by the Governor. (15) Hawaii State Lead SIP Revision submitted on October 29, 1982, by the State. (16) The following amendments to the plan were submitted on December 20, 1982 by the State. (i) Title 11—Department of Health, Chapter 60, Air Pollution Control. (A) Amended sections 11–60–01 thru 11–60–29, 11–60–35 thru 11–60–38. (B) Previously approved on August 18, 1983 and now deleted without replacement section 11–60–36. (17) The following amendment to the plan was submitted on September 14, 1988, by the Governor's designee. (i) Incorporation by reference. (A) Hawaii Department of Health. (1) Section XII, Air Quality Surveillance Network adopted on August 16, 1988. [37 FR 10861, May 31, 1972, as amended at 41 FR 8959, Mar. 2, 1976; 44 FR 23828, Apr. 23, 1979; 44 FR 46274, Aug. 7, 1979; 46 FR 40513, Aug. 10, 1981; 47 FR 3111, Jan. 22, 1982; 48 FR 37403, Aug. 18, 1983; 62 FR 34648, June 27, 1997; 69 FR 41432, July 9, 2004. Redesignated and amended at 70 FR 44854, Aug. 4, 2005] § 52.623 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Hawaii's plan for attainment and maintenance of the national standards. The State included various provisions in its plan to provide for the attainment of State ambient air quality standards. As described in the Governor's letters of January 28, May 8, and May 22, 1972, these provisions were included for information purposes only and were not to be considered a part of the plan to implement national standards. Accordingly, these additional provisions are not considered a part of the applicable plan. [37 FR 10861, May 31, 1972, as amended at 38 FR 12712, May 14, 1973; 39 FR 7280, Feb. 25, 1974] § 52.624 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55329, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] § 52.625 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met, since sections 322–64(5) and 322–66 of the Hawaii Revised Statutes could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, sections 322–64(5) and 322–66 are disapproved. [39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986] § 52.626 Compliance schedules. top (a) [Reserved] (b) The compliance schedules for the sources identified below are disapproved as not meeting the requirements of Subpart N of this chapter. The regulations cited are air pollution control regulations of the State. ---------------------------------------------------------------------------------------------------------------- Regulation sections Source Location involved Date of adoption ---------------------------------------------------------------------------------------------------------------- Nanakuli Paving & Rock Co., Ltd.. Molokai................ 8, 13.................. 7/27/73. Kohala Corp.......................... Halaula................ 8, 12.................. Do. ---------------------------------------------------------------------------------------------------------------- [39 FR 16348, May 8, 1974, as amended at 51 FR 40676, Nov. 7, 1986; 54 FR 25258, June 14, 1989] §§ 52.627-52.631 [Reserved] top § 52.632 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Hawaii. [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003] § 52.633 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulations for visibility monitoring and new source review. The provisions of §§52.26, 52.27 and 52.28, are hereby incorporated and made part of the applicable plan for the State of Hawaii. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of Hawaii. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987] § 52.634 Particulate matter (PM–10) Group III SIP. top (a) On September 14, 1988, the Governor of Hawaii submitted a revision to the State Implementation Plan (SIP) for implementing the required monitoring activities and other tasks necessary to satisfy the requirements of the PM–10 Group III SIP. (b) The Hawaii Department of Health has committed to meet the ongoing requirements for PM–10 Group III areas. [55 FR 18110, May 1, 1990] Subpart N—Idaho top § 52.670 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for Idaho under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to November 12, 2004, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after November 12, 2004, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 10 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of November 12, 2004. (3) Copies of the materials incorporated by reference may be inspected at the Region 10 EPA Office at 1200 Sixth Avenue, Seattle, WA 98101; the EPA, Air and Radiation Docket and Information Center, Air Docket, 1301 Constitution Avenue, NW., Washington, DC 20004; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA_Approved Idaho Regulations [Idaho Administrative Procedures Act (IDAPA) Chapter 58, Rules for the Control of Air Pollution in Idaho, Previously Codified at IDAPA Chapter 39 (Appendix A.3)] ---------------------------------------------------------------------------------------------------------------- State citation Title/subject State effective date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- 58.01.01_Rules for the Control of Air Pollution in Idaho ---------------------------------------------------------------------------------------------------------------- 001............... Title and Scope..... 5/1/94.............. 01/16/03, 68 FR 2217...... 004............... Catchlines.......... 5/1/94.............. 01/16/03, 68 FR 2217...... 005............... Definitions......... 5/1/94.............. 01/16/03, 68 FR 2217...... 006............... General Definitions. 4/5/00, 3/20/97, 5/1/ 01/16/03, 68 FR 2217 10/6/ Except (84)(f) 95, 5/1/94. 05, 70 FR 58311. 007............... Definitions for the 4/5/00.............. 01/16/03, 68 FR 2217...... Purposes of 6/30/95............. Sections 200 5/1/95.............. Through 225 and 400 5/1/94.............. Through 461. 106............... Abbreviations....... 5/1/94.............. 01/16/03, 68 FR 2217...... 107............... Incorporations by 7/1/97.............. 01/16/03, 68 FR 2217...... (Except subsection Reference. 5/1/94.............. 107.03). 121............... Compliance 5/1/94.............. 01/16/03, 68 FR 2217...... Requirements by Department. 122............... Information Orders 4/5/00.............. 01/16/03, 68 FR 2217...... by the Department. 5/1/94.............. 123............... Certification of 5/1/94.............. 01/16/03, 68 FR 2217...... Documents. 124............... Truth, Accuracy 5/1/94.............. 01/16/03, 68 FR 2217...... Completeness of Documents. 125............... False Statements.... 3/23/98............. 01/16/03, 68 FR 2217...... 126............... Tampering........... 3/23/98............. 01/16/03, 68 FR 2217...... 127............... Format of Responses. 5/1/94.............. 01/16/03, 68 FR 2217...... 130............... Startup, Shutdown, 4/5/00.............. 01/16/03, 68 FR 2217...... Scheduled Maintenance, Safety Measures, Upset and Breakdown. 131............... Excess Emissions.... 4/5/00.............. 01/16/03, 68 FR 2217...... 132............... Correction of 4/5/00.............. 01/16/03, 68 FR 2217...... Condition. 133............... Startup, Shutdown 4/5/00.............. 01/16/03, 68 FR 2217...... and Scheduled 3/20/97............. Maintenance Requirements. 134............... Upset, Breakdown, 4/5/00.............. 01/16/03, 68 FR 2217...... and Safety 3/20/97............. Requirements. 135............... Excess Emission 4/5/00.............. 01/16/03, 68 FR 2217...... Reports. 3/20/97............. 136............... Excess Emission 4/5/00.............. 01/16/03, 68 FR 2217...... Records. 3/23/98............. 3/20/97............. 155............... Circumvention....... 4/5/00.............. 01/16/03, 68 FR 2217...... 156............... Total Compliance.... 5/1/94.............. 01/16/03, 68 FR 2217...... 157............... Test Methods and 4/5/00.............. 01/16/03, 68 FR 2217...... Procedures. 160............... Provisions Governing 4/5/00.............. 01/16/03, 68 FR 2217...... Specific Activities and Conditions. 162............... Modifying Physical 5/1/94.............. 01/16/03, 68 FR 2217...... Conditions. 163............... Source Density...... 5/1/94.............. 01/16/03, 68 FR 2217...... 164............... Polychlorinated 5/1/94.............. 01/16/03, 68 FR 2217...... Biphenyls (PCBs). 200............... Procedures and 4/5/00.............. 01/16/03, 68 FR 2217...... Requirements for Permits to Construct. 201............... Permit to Construct 3/30/01............. 01/16/03, 68 FR 2217...... Required. 202............... Application 4/5/00.............. 01/16/03, 68 FR 2217...... Procedures. 5/1/94.............. 203............... Permit Requirements 5/1/94.............. 01/16/03, 68 FR 2217...... (Except subsection for New and 203.03). Modified Stationary Sources. 204............... Permit Requirements 3/30/01............. 4/17/01, 66 FR 19722...... for New Major 4/5/00.............. Facilities or Major 5/1/94.............. Modifications in Nonattainment Areas. 205............... Permit Requirements 4/5/00.............. 01/16/03, 68 FR 2217...... for New Major 5/1/94.............. Facilities or Major Modifications in Attainment or Unclassifiable Areas. 206............... Optional Offsets for 6/30/95............. 01/16/03, 68 FR 2217...... Permits to Construct. 207............... Requirements for 5/1/94.............. 01/16/03, 68 FR 2217...... Emission Reduction Credit. 208............... Demonstration of Net 4/5/00.............. 01/16/03, 68 FR 2217...... Air Quality Benefit. 5/1/94.............. 209............... Procedures for 4/5/00.............. 01/16/03, 68 FR 2217...... Issuing Permits. 3/19/99............. 3/23/98............. 5/1/94.............. 211............... Conditions for 5/1/94.............. 01/16/03, 68 FR 2217...... Permits to Construct. 212............... Obligation to Comply 5/1/94.............. 01/16/03, 68 FR 2217...... 213............... Pre-permit 4/5/00.............. 01/16/03, 68 FR 2217...... Construction. 3/23/98............. 220............... General Exemption 4/5/00.............. 01/16/03, 68 FR 2217...... Criteria for Permit to Construct Exemptions. 221............... Category I Exemption 4/5/00.............. 01/16/03, 68 FR 2217...... 222............... Category II 4/5/00.............. 01/16/03, 68 FR 2217...... (Except subsection Exemption. 7/1/97.............. 222.03). 5/1/94.............. 400............... Procedures and 5/1/94.............. 01/16/03, 68 FR 2217...... Requirements for Tier II Operating Permits. 401............... Tier II Operating 4/5/00.............. 01/16/03, 68 FR 2217...... (Except subsections Permit. 3/19/99............. 401.01.a and 5/1/94.............. 401.04). 402............... Application 4/5/00.............. 01/16/03, 68 FR 2217...... Procedures. 5/1/94.............. 403............... Permit Requirements 5/1/94.............. 01/16/03, 68 FR 2217...... for Tier II Sources. 404............... Procedure for 4/5/00.............. 01/16/03, 68 FR 2217...... Issuing Permits. 5/1/94.............. 405............... Conditions for Tier 5/1/94.............. 01/16/03, 68 FR 2217...... II Operating Permits. 406............... Obligation to Comply 5/1/94.............. 01/16/03, 68 FR 2217...... 460............... Requirements for 4/5/00.............. 01/16/03, 68 FR 2217...... Emission Reduction 5/1/94.............. Credit. 461............... Requirements for 4/5/00.............. 01/16/03, 68 FR 2217...... Banking Emission 5/1/94.............. Reduction Credits (ERC's). 470............... Permit Application 3/7/95.............. 01/16/03, 68 FR 2217...... Fees for Tier II Permits. 500............... Registration 5/1/94.............. 01/16/03, 68 FR 2217...... Procedures and Requirements for Portable Equipment. 510............... Stack Heights and 5/1/94.............. 01/16/03, 68 FR 2217...... Dispersion Techniques. 511............... Applicability....... 4/5/00.............. 01/16/03, 68 FR 2217...... 512............... Definitions......... 4/5/00.............. 01/16/03, 68 FR 2217...... 5/1/94.............. 513............... Requirements........ 4/5/00.............. 01/16/03, 68 FR 2217...... 514............... Opportunity for 5/1/94.............. 01/16/03, 68 FR 2217...... Public Hearing. 515............... Approval of Field 5/1/94.............. 01/16/03, 68 FR 2217...... Studies and Fluid Models. 516............... No Restriction on 5/1/94.............. 01/16/03, 68 FR 2217...... Actual Stack Height. 550............... Air Pollution 5/1/94.............. 01/16/03, 68 FR 2217...... Emergency Rule. 551............... Episode Criteria.... 5/1/94.............. 01/16/03, 68 FR 2217...... 552............... Stages.............. 3/15/02............. 01/16/03, 68 FR 2217...... 5/1/94.............. 553............... Effect of Stages.... 3/15/02............. 01/16/03, 68 FR 2217...... 556............... Criteria for 3/15/02............. 01/16/03, 68 FR 2217...... Defining Levels 4/5/00.............. Within Stages. 557............... Public Notification. 5/1/94.............. 01/16/03, 68 FR 2217...... 558............... Information to Be 3/15/02............. 01/16/03, 68 FR 2217...... Given. 5/1/94.............. 559............... Manner and Frequency 5/1/94.............. 01/16/03, 68 FR 2217...... of Notification. 560............... Notification to 4/5/00.............. 01/16/03, 68 FR 2217...... Sources. 561............... General Rules....... 3/15/02............. 01/16/03, 68 FR 2217...... 4/5/00.............. 5/1/94.............. 562............... Specific Emergency 5/1/94.............. 01/16/03, 68 FR 2217...... Episode Abatement Plans for Point Sources. 563............... Transportation 3/30/01............. 04/12/01, 66 FR 18873..... Conformity. 564............... Incorporation by 3/30/01............. 04/12/01, 66 FR 18873..... Reference. 565............... Abbreviations....... 3/30/01............. 04/12/01, 66 FR 18873..... 566............... Definitions for the 3/30/01............. 04/12/01, 66 FR 18873..... Purpose of Sections 563 Through 574 and 582. 567............... Agencies Affected by 3/30/01............. 04/12/01, 66 FR 18873..... Consultation. 568............... ICC Member Roles in 3/30/01............. 04/12/01, 66 FR 18873..... Consultation. 569............... ICC Member 3/30/01............. 04/12/01, 66 FR 18873..... Responsibilities in Consultation. 570............... General Consultation 3/30/01............. 04/12/01, 66 FR 18873..... Process. 571............... Consultation 3/30/01............. 04/12/01, 66 FR 18873..... Procedures. 572............... Final Conformity 3/30/01............. 04/12/01, 66 FR 18873..... Determinations by USDOT. 573............... Resolving Conflicts. 3/30/01............. 04/12/01, 66 FR 18873..... 574............... Public Consultation 3/30/01............. 04/12/01, 66 FR 18873..... Procedures. 575............... Air Quality 4/5/00.............. 01/16/03, 68 FR 2217...... Standards and Area Classification. 576............... General Provisions 5/1/94.............. 01/16/03, 68 FR 2217...... for Ambient Air Quality Standards. 577............... Ambient Air Quality 5/1/94.............. 01/16/03, 68 FR 2217...... (Except subsection Standards for 577.06). Specific Air Pollutants. 578............... Designation of 5/1/94.............. 01/16/03, 68 FR 2217...... Attainment, Unclassifiable, and Nonattainment Areas. 579............... Baselines for 4/5/00.............. 01/16/03, 68 FR 2217...... Prevention of 5/1/94.............. Significant Deterioration. 580............... Classification of 4/5/00.............. 01/16/03, 68 FR 2217...... Prevention of 5/1/94.............. Significant Deterioration Areas. 581............... Prevention of 4/5/00.............. 01/16/03, 68 FR 2217...... Significant 7/1/97.............. Deterioration (PSD) 5/1/94.............. Increments. 582............... Interim Conformity 3/30/01............. 04/12/01, 66 FR 18873..... Provisions for Northern Ada County Former Nonattainment Area for PM-10. 600............... Rules for Control of 3/21/03............. 07/11/05, 70 FR 39658..... Open Burning. 601............... Fire Permits, 3/21/03............. 07/11/05, 70 FR 39658..... Hazardous Materials and Liability. 602............... Nonpreemption of 3/21/03............. 07/11/05, 70 FR 39658..... Other Jurisdictions. 603............... General Restrictions 3/21/03............. 07/11/05, 70 FR 39658..... 5/1/94.............. 606............... Categories of 3/21/03............. 07/11/05, 70 FR 39658..... Allowable Burning. 607............... Recreational and 3/21/03............. 07/11/05, 70 FR 39658..... Warming Fires. 608............... Weed Control Fires.. 5/1/94.............. 07/11/05, 70 FR 39658..... 609............... Training Fires...... 3/21/03............. 07/11/05, 70 FR 39658..... 610............... Industrial Flares... 3/21/03............. 07/11/05, 70 FR 39658..... 611............... Residential Solid 5/1/94.............. 01/16/03, 68 FR 2217...... Waste Disposal Fires. 612............... Landfill Disposal 3/21/03............. 07/11/05, 70 FR 39658..... Site Fires. 613............... Orchard Fires....... 3/21/03............. 07/11/05, 70 FR 39658..... 5/1/94.............. 614............... Prescribed Burning.. 5/1/94.............. 01/16/03, 68 FR 2217...... 615............... Dangerous Material 3/21/03............. 07/11/05, 70 FR 39658..... Fires. 616............... Infectious Waste 3/21/03............. 07/11/05, 70 FR 39658..... Burning. 617............... Crop Residue 3/21/03............. 07/11/05, 70 FR 39658..... Disposal. 625............... Visible Emissions... 4/5/00.............. 01/16/03, 68 FR 2217...... 5/1/94.............. 626............... General Restrictions 4/5/00.............. 01/16/03, 68 FR 2217...... on Visible Emissions from Wigwam Burners. 650............... Rules for Control of 5/1/94.............. 01/16/03, 68 FR 2217...... Fugitive Dust. 651............... General Rules....... 5/1/94.............. 01/16/03, 68 FR 2217...... 675............... Fuel Burning 4/5/00.............. 01/16/03, 68 FR 2217...... Equipment_Particula te Matter. 676............... Standards for New 5/1/94.............. 01/16/03, 68 FR 2217...... Sources. 677............... Standards for Minor 5/1/94.............. 01/16/03, 68 FR 2217...... and Existing Sources. 678............... Combinations of 5/1/94.............. 01/16/03, 68 FR 2217...... Fuels. 679............... Averaging Period.... 4/5/00.............. 01/16/03, 68 FR 2217...... 5/1/94.............. 680............... Altitude Correction. 5/1/94.............. 01/16/03, 68 FR 2217...... 681............... Test Methods and 4/5/00.............. 01/16/03, 68 FR 2217...... Procedures. 700............... Particulate 4/5/00.............. 01/16/03, 68 FR 2217...... Matter_Process Weight Limitations. 701............... Particulate 4/5/00.............. 01/16/03, 68 FR 2217...... Matter_New Equipment Process Weight Limitations. 702............... Particulate 4/5/00.............. 01/16/03, 68 FR 2217...... Matter_Existing 5/1/94.............. Equipment Process Weight Limitations. 703............... Particulate 4/5/00.............. 01/16/03, 68 FR 2217...... Matter_Other Processes. 725............... Rules for Sulfur 4/5/00.............. 01/16/03, 68 FR 2217...... Content of Fuels. 726............... Definitions as Used 5/1/94.............. 01/16/03, 68 FR 2217...... in Sections 727 Through 729. 727............... Residual Fuel Oils.. 5/1/94.............. 01/16/03, 68 FR 2217...... 728............... Distillate Fuel Oil. 5/1/94.............. 01/16/03, 68 FR 2217...... 729............... Coal................ 5/1/94.............. 01/16/03, 68 FR 2217...... 785............... Rules for Control of 5/1/94.............. 01/16/03, 68 FR 2217...... Incinerators. 786............... Emission Limits..... 4/5/00.............. 01/16/03, 68 FR 2217...... 787............... Exceptions.......... 3/23/98............. 01/16/03, 68 FR 2217...... 805............... Rules for Control of 5/1/94.............. 01/16/03, 68 FR 2217...... Hot-mix Asphalt Plants. 806............... Emission Limits..... 5/1/94.............. 01/16/03, 68 FR 2217...... 807............... Multiple Stacks..... 5/1/94.............. 01/16/03, 68 FR 2217...... 808............... Fugitive Dust 5/1/94.............. 01/16/03, 68 FR 2217...... Control. 815............... Rules for Control of 5/1/94.............. 01/16/03, 68 FR 2217...... Kraft Pulping Mills. 816............... Statement of Policy. 5/1/94.............. 01/16/03, 68 FR 2217...... 817............... General Rules....... 5/1/94.............. 01/16/03, 68 FR 2217...... 821............... Recovery Furnace 5/1/94.............. 01/16/03, 68 FR 2217...... Particulate Standards. 822............... Lime Kiln Standards. 5/1/94.............. 01/16/03, 68 FR 2217...... 823............... Smelt Tank Standards 5/1/94.............. 01/16/03, 68 FR 2217...... 824............... Monitoring and 4/5/00.............. 01/16/03, 68 FR 2217...... (Except subsection Reporting. 5/1/94.............. 824.01). 825............... Special Studies..... 5/1/94.............. 01/16/03, 68 FR 2217...... 826............... Exceptions.......... 5/1/94.............. 01/16/03, 68 FR 2217...... 845............... Rules for Control of 5/1/94.............. 01/16/03, 68 FR 2217...... Sulfur Oxide Emissions from Sulfuric Acid Plants. 846............... Emission Limits..... 4/5/00.............. 01/16/03, 68 FR 2217...... 847............... Monitoring and 4/5/00.............. 01/16/03, 68 FR 2217...... Testing. 848............... Compliance Schedule. 5/1/94.............. 01/16/03, 68 FR 2217...... ---------------------------------------------------------------------------------------------------------------- City and County Ordinances ---------------------------------------------------------------------------------------------------------------- City of Sandpoint Material 02/22/94 (City 06/26/02, 67 FR 43006..... Sandpoint PM10 Ordinance No. 939. Specifications for adoption date). Nonattainment Area Street Sanding Plan. Material. City of Sandpoint Solid Fuel Heating 02/21/95 (City 06/26/02, 67 FR 43006..... Sandpoint PM10 Ordinance No. 965. Appliance Ordinance. adoption date). Nonattainment Area Plan. Ada County The 1999 Motor 06/15/99 (County 10/28/02, 67 FR 65713..... Northern Ada County Ordinance. Vehicle Emissions approval date). CO Maintenance Control Ordinance. Plan. City of Boise The 1999 Motor 07/20/99 (City 10/28/02, 67 FR 65713..... Northern Ada County Ordinance. Vehicle Emissions approval date). CO Maintenance Control Ordinance. Plan. City of Eagle The 1999 Motor 04/27/99 (City 10/28/02, 67 FR 65713..... Northern Ada County Ordinance. Vehicle Emissions approval date). CO Maintenance Control Ordinance. Plan. City of Garden The 1991 Vehicle 08/13/96 (Most 10/28/02, 67 FR 65713..... Northern Ada County City Ordinance. Emission Control recently amended). CO Maintenance Ordinance. Plan. City of Meridian The 1999 Motor 06/01/99 (City 10/28/02, 67 FR 65713..... Northern Ada County Ordinance. Vehicle Emissions approval date). CO Maintenance Control Ordinance. Plan. Boise City Parking Permits..... 08/13/79 (City 06/06/85, 50 FR 23810..... Transportation Ordinance 4432. approval date). Control Plan for carbon monoxide, Ada County. City of Garden Solid Fuel Heating 05/14/87, 01/10/89, 05/30/96, 61 FR 27019..... Northern Ada County City Ordinance Appliance Ordinance 09/13/94 (City PM10 Nonattainment 514,533, and 624. of the City of approval dates). Area Plan. Garden City, Idaho. Meridian Ordinance Meridian Clean Air 08/16/94 (City 05/30/96, 61 FR 27019..... Northern Ada County 667. Ordinance. approval date). PM10 Nonattainment Area Plan. City of Eagle City of Eagle Clean 04/26/94 (City 05/30/96, 61 FR 27019..... Northern Ada County Ordinance 245. Air Ordinance. approval date). PM10 Nonattainment Area Plan. Ada County Ada County Clean Air 11/03/92 (County 05/30/96, 61 FR 27019..... Northern Ada County Ordinance 254. Ordinance. adoption date). PM10 Nonattainment Area Plan. Table: Ordinance-1 Explanation of 12/30/94 (date of 05/30/96, 61 FR 27019..... Northern Ada County enforcement table). PM10 Nonattainment procedures, Area Plan. responsibilities and sources of funding for the Northern Ada County Wood Burning Control Ordinances. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State Source-specific requirements. EPA-Approved Idaho Source-Specific Requirements \1\ ---------------------------------------------------------------------------------------------------------------- Permit State effective Name of source number date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- LP Wood Polymers, Inc., 001-00115 07/12/02.......... 10/27/03, 68 FR 61106... The following Meridian, Idaho. conditions: 1.1, 1.3, 3.1, and the Appendix. (Boise/ Ada County Maintenance Plan). Consolidated Concrete Company, 001-00046 12/03/01.......... 10/27/03, 68 FR 61106... The following Boise, Idaho. conditions: 1.1, 1.3, 2.3, 3.1, 3.2, and the Appendix. (Boise/ Ada County Maintenance Plan). Crookham Company, Caldwell, 027-00020 01/18/02.......... 10/27/03, 68 FR 61106... The following Idaho. conditions: 1.1, 1.3, 2.1, 2.3, 3.1, 3.1.1, 3.1.2, 3.2, and the Appendix. (Boise/Ada County Maintenance Plan). Double D Service Center, 001-00168 02/04/02.......... 10/27/03, 68 FR 61106... The following Meridian, Idaho. conditions: 1.1, 1.3, 3.1, 3.2.1, 3.2.2, 3.2.3, and the Appendix. (Boise/Ada County Maintenance Plan). Plum Creek Northwest Lumber, 001-00091 07/12/02.......... 10/27/03, 68 FR 61106... The following Inc., Meridian, Idaho. conditions: 1.1, 1.3, 2.1.2, 3.1, and the Appendix. (Boise/Ada County Maintenance Plan). C. Wright Construction, Inc., T2-000033 07/08/03.......... 10/27/03, 68 FR 61106... The following Meridian, Idaho. conditions: 2 (heading only), 2.5, (2.12, Table 2.2 as it applies to PM10), 2.14, 3 (heading only), 3.3, Table 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 3.10, 4 (heading only), 4.2, 4.3, 4.4, 4.7, 5, and Table 5.1.(Boise/Ada County Maintenance Plan). Nelson Construction Co., Boise, T2-020029 07/21/03.......... 10/27/03, 68 FR 61106... The following Idaho. conditions: 2 (heading only), 2.12, 2.14, 3 (heading only), 3.3, 3.4, 3.6, 3.7, 3.9, 3.10, 3.11, 3.12, 4 (heading only), 4.3, 4.4, 4.5, 4.6, 5, and Table 5.1. (Boise/Ada County Maintenance Plan). Mike's Sand and Gravel, Nampa, 001-00184 07/12/02.......... 10/27/03, 68 FR 61106... The following Idaho. conditions: 1.1, 1.3, 2.2.1, 3.1, and the Appendix. (Boise/Ada County Maintenance Plan). Idaho Concrete Co., Eagle, Idaho T2-020031 07/08/03.......... 10/27/03, 68 FR 61106... The following conditions: 2 (heading only), 2.5, 2.13, 3 (heading only), 3.3, 3.4, 3.6, 3.7, 3.8, 4 (heading only), and Table 4.1.(Boise/Ada County Maintenance Plan). Idaho Concrete Co., Eagle, Idaho T2-020032 07/08/03.......... 10/27/03, 68 FR 61106... The following conditions: 2 (heading only), 2.5, 2.13, 3 (heading only), 3.3, 3.4, 3.6, 3.7, 3.8, 4 (heading only), and Table 4.1.(Boise/Ada County Maintenance Plan). Idaho Concrete Co. Eagle, Idaho. T2-020033 07/08/03.......... 10/27/03, 68 FR 61106... The following conditions: 2 (heading only), 2.5, 2.13, 3 (heading only), 3.3, 3.4, 3.6, 3.7, 3.8, 4 (heading only), and Table 4.1. (Boise/Ada County Maintenance Plan). The Amalgamated Sugar Company 027-00010 09/30/02.......... 10/27/03, 68 FR 61106 The following LLC, Nampa, Idaho. and 11/01/04, 69 FR conditions: 2 63324. (heading only), (2.7, Table 2.2 as it applies to PM10,) 2.10, 2.10.1, 2.10.2, 2.11, 2.11.1, 2.11.2, 2.11.3, 2.11.4, 2.11.5, 2.12, 2.12.1, 2.12.2, 2.12.3, 2.13, 2.13.1, 2.13.2, 2.13.3, 2.14, 2.14.1, 2.14.2, 2.16, 3 (heading only), (3.3, Table 3.2 as it applies to PM10), 3.5, 3.7, 3.8, 3.8.1, 3.8.2, 3.8.3, 3.8.4, 3.8.5, 3.8.6, 3.8.7, 3.8.8, 3.9, 4 (heading only), (4.3, Table 4.1 as it applies to PM10), 4.5, 4.6, 4.7, 5 (heading only), (5.3, Table 5.3 as it applies to PM10), 5.5, 5.9, 5.9.1, 5.9.2, 5.9.3, 5.9.4, 5.9.5, 5.9.6, 5.9.7, 5.9.8, 5.9.9, 5.10, 5.11, 6 (heading only), 6.3, Table 6.1, 6.5, 6.6, 6.7, 6.7.1, 6.7.2, 6.8, 7 (heading only), 7.3, Table 7.1 as it applies to PM10, 7.5, 7.7, 7.7.1, 7.7.2, 7.8, 8 (heading only), 8.3, Table 8.1, 8.5, 8.7, 8.7.1, 8.7.2, 8.8, 9 (heading only), 9.3, Table 9.1, 9.5, 9.7, 9.7.1, 9.7.2, 9.8, 10 (heading only), 10.3, Table 10.1, 10.6, 10.8, 10.8.1, 10.8.2, 10.9, 11 (heading only), 11.3, Table 11.2, 11.6, 11.8, 11.8.1, 11.8.2, 11.9, 12 (heading only), 12.3, Table 12.1, 12.5, 12.7, 12.7.1, 12.7.2, 12.8, 13 (heading only), 13.1 (except as it applies to condition 13.3, 13.3.1, 13.3.2, 13.5, 13.5.1, 13.5.2, 13.5.3, 13.6, 13.6.1, 13.6.2 and 13.9), Table 13.1 (except conditions 13.3, 13.5 and 13.6), (13.2, Table 13.2 as it applies to PM10), 13.2.1, 13.4, 13.4.1, 13.4.2, 13.4.3, 13.7, 13.7.1, 13.7.2, 13.8, 13.8.1, 13.8.2, 13.8.3, 13.10, and 13.11. (Boise/ Ada County PM10 Maintenance Plan). Lake Pre-Mix, Sandpoint, Idaho.. 777-00182 05/17/96.......... 06/26/02, 67 FR 43006... The following conditions for the cement silo vent: 1.1, 2.1.1, 2.1.2, 3.1.1, and 3.1.2. (Sandpoint nonattainment area plan). Interstate Concrete and Asphalt, 017-00048 08/02/99.......... 06/26/02, 67 FR 43006... The following Sandpoint, Idaho. conditions: for the asphalt plant, 2.2, 3.1.1, 4.1, 4.1.1, 4.1.2, 4.2.1 (as it applies to the hourly PM10 emission limit in Appendix A), 4.2.2, 4.2.2.1, 4.2.2.2, and 4.2.2.3; for the concrete batch plant, 2.1, 3.1.1, 4.1, 4.1.1, and 4.1.2; Appendix A (as it applies to PM10 emission rates after 7/1/96) and Appendix B (as it applies after 7/1/ 96). (Sandpoint nonattainment area plan). Louisiana Pacific Corporation, 017-00003 10/31/01.......... 06/26/02, 67 FR 43006... The following Sandpoint, Idaho. conditions: for the Kipper and Sons Hog Fuel Boiler, 2.3 (as it applies to PM10), 2.5, 2.7, 2.13, 2.14, 2.17, 2.19; Natural Gas Boilers, 3.2 (as it applies to PM10); Pneumatic Conveyance, 4.2, 4.4, 4.7; Drying Kilns, 5.2, 5.4, 5.5; Fugitive Emission Sources, 6.5, 6.7, 6.13; and the Appendix (as it applies to PM10).(Sandpoint nonattainment area plan). Whiteman Lumber Company, 13-1420-062 7/16/79 (date 07/28/82, 47 FR 32530... Silver Valley TSP Cataldo, ID. issued). Nonattainment Area Plan. Potlatch Corporation, Pulp and 13-1140-0001- 07/05/79 (date 07/28/82, 47 FR 32530... Lewiston TSP Paper Unit, Lewiston, ID. 00 issued). Nonattainment Area Plan. Potlatch Corporation, Clearwater 13-1140-0003 07/05/79 (date 07/28/82, 47 FR 32530... Lewiston TSP Unit, Lewiston, ID. issued). Nonattainment Area Plan. Coast Trading Company, Inc., 13-1140_0011 06/29/79 (date 07/28/82, 47 FR 32530... Lewiston TSP Lewiston, ID. issued). Nonattainment Area Plan. Lewis-Clark Terminal 13-1140-0010 06/29/79 (date 07/28/82, 47 FR 32530... Lewiston TSP Association, Lewiston, ID. issued). Nonattainment Area Plan. Poe Asphalt, Lewiston, ID....... 0880-0008 03/01/76 07/28/82, 47 FR 32530... Lewiston TSP (effective date). Nonattainment Area Plan. FMC Corporation, Pocatello, ID 13-1260-0005 02/26/80 (date 07/28/82, 47 FR 32530... Pocatello TSP \2\. issued). Nonattainment Area Plan. J.R. Simplot, Pocatello, ID..... 13-1260-0006- 03/04/80 (date 07/28/82, 47 FR 32530... Pocatello TSP 00 issued). Nonattainment Area Plan. Idaho Portland Cement Company, 13-0080-0004- 07/18/79 (date 07/28/82, 47 FR 32530... Pocatello TSP Inkom, ID. 00 issued). Nonattainment Area Plan. J.R. Simplot Company, Conda, ID. 13-0420-0021- 07/18/79 (date 07/28/82, 47 FR 32530... Soda Springs TSP 00 issued). Nonattainment Area Plan. Beker Industries, Conda, ID..... 13-0420-0003- 07/18/79 (date 07/28/82, 47 FR 32530... Soda Springs TSP 00 issued). Nonattainment Area Plan. Monsanto, Soda Springs, ID...... 13-0420-0001- 07/18/79 (date 07/28/82, 47 FR 32530... Soda Springs TSP 00 issued). Nonattainment Area Plan. Kerr McGee, Soda Springs, ID.... 13-0420-0002- 07/18/79 (date 07/28/82, 47 FR 32530... Soda Springs TSP 00 issued). Nonattainment Area Plan. ---------------------------------------------------------------------------------------------------------------- \1\ EPA does not have the authority to remove these source-specific requirements in the absence of a demonstration that their removal would not interfere with attainment or maintenance of the NAAQS, violate any prevention of significant deterioration increment or result in visibility impairment. Idaho Department of Environmental Quality may request removal by submitting such a demonstration to EPA as a SIP revision. \2\ Only a small portion of this facility is located on State lands. The vast majority of the facility is located in Indian Country. It is EPA's position that unless EPA has explicitly approved a program as applying in Indian country, State or local regulations or permits are not effective within the boundaries of that Indian country land for purposes of complying with the CAA. 68 FR 2217, 2220 (January 16, 2003). (e) EPA Approved Nonregulatory provisions and Quasi-Regulatory Measures. EPA-Approved Idaho Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- Applicable Name of SIP provision geographic or State submittal EPA approval date Comments nonattainment area date ---------------------------------------------------------------------------------------------------------------- Chapter I_Introduction.......... State-wide........ 01/15/80.......... 07/28/82, 47 FR 32530. Chapter II_Administration....... State-wide........ 01/15/80.......... 07/28/82, 47 FR 32530. Chapter III_Emission Inventory.. State-wide........ 01/15/80, 02/14/80 07/28/82, 47 FR 32530. Chapter IV_Air Quality State-wide........ 01/15/80.......... 07/28/82, 47 FR Monitoring. 32530. Chapter V_Source Surveillance... State-wide........ 01/15/80.......... 07/28/82, 47 FR 32530. Chapter VI_Emergency Episode State-wide........ 01/15/80.......... 07/28/82, 47 FR Plan. 32530. ---------------------------------------------------------------------------------------------------------------- Chapter VIII_Nonattainment Area Plans ---------------------------------------------------------------------------------------------------------------- Chapter VIII-a.................. Silver Valley TSP 01/15/80.......... 07/28/82, 47 FR Nonattainment 32530. Area Plan. Chapter VIII-b.................. Lewiston TSP 01/15/80, 12/04/ 07/28/82, 47 FR Nonattainment 80, and 02/05/81. 32530. Area Plan. Chapter VIII-c.................. Transportation 05/24/84, 01/03/ 7/28/82, 47 FR Control Plan for 85, 03/25/85, and 32530, 06/06/85, carbon monoxide, 06/29/94. 50 FR 23810, and Ada County. 12/1/94, 59 FR 61546. Chapter VIII-d.................. Pocatello TSP 03/07/80 and 02/05/ 07/28/82, 47 FR Nonattainment 81. 32530. Area Plan. Chapter VIII-e.................. Soda Springs TSP 01/15/80.......... 07/28/82, 47 FR Nonattainment 32530. Area Plan. Chapter VIII-f.................. Pinehurst PM-10 04/14/92.......... 08/25/94, 59 FR Nonattainment 43745. Area Plan. Chapter VIII-g.................. Northern Ada 11/14/91, 12/30/ 05/30/96, 61 FR County PM10 94, and 7/13/95. 27019. Nonattainment Area Plan. Chapter VIII-h.................. Sandpoint PM10 08/16/96.......... 06/26/02, 67 FR Nonattainment 43006. Area Plan. Chapter VIII-i.................. Northern Ada 01/17/02.......... 10/28/02, 67 FR County CO Limited 65713. Maintenance Plan. Chapter VIII-j.................. Ada County/Boise 09/27/02, 07/10/ 10/27/03, 68 FR Idaho PM-10 03, and 07/21/03. 61106. Maintenance Plan. Chapter IX_Reserved............. Chapter X_Plan for Maintenance State-wide........ 02/03/84.......... 06/04/84 (EPA of National Ambient Air Quality effective date). Standards for Lead. Small Business Assistance State-wide........ 01/03/94.......... 09/19/94, 59 FR Program. 47801. Appendix A_Legal Authority and State-wide........ 01/15/80.......... 07/28/82, 47 FR Other Administrative Matters. 32530. Appendix A.2_Idaho Environmental State-wide........ 03/15/01.......... 01/16/03, 68 FR Protection and Health Act, 2217. Idaho Code Section 39-101 et seq. Four sections of Appendix State-wide........ 05/17/94.......... 01/16/03, 68 FR IDAPA 58.01.01000 A.3_Rules and Regulations for 2217. (legal Control of Air Pollution in authority), Idaho_that were approved but 58.01.01002 not incorporated by reference (written in section (c). interpretations), 58.01.01003 (administrative appeals), and 58.01.01128 (confidential business information). ---------------------------------------------------------------------------------------------------------------- [70 FR 3481, Jan. 25, 2005, as amended at 70 FR 39661, July 11, 2005; 70 FR 58312, Oct. 6, 2005] § 52.671 Classification of regions. top The Idaho plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutants ------------------------------------------------------------------------------- Air quality control region Particulate Sulfur matter oxides Nitrogen dioxide Carbon monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Eastern Idaho Intrastate........ I............... II.......... III............. III............ III. Eastern Washington Northern I............... II.......... III............. III............ III. Idaho Interstate (Idaho). Idaho Intrastate................ I............... III......... III............. III............ III. Metropolitan Boise Intrastate... II.............. III......... III............. I.............. III. ---------------------------------------------------------------------------------------------------------------- [37 FR 10861, May 31, 1972, as amended at 45 FR 70261, Oct. 23, 1980; 47 FR 32534, July 28, 1982] § 52.672 Approval of plans. top (a) Carbon Monoxide. (1) EPA approves as a revision to the Idaho State Implementation Plan, the Limited Maintenance Plan for the Northern Ada County Carbon Monoxide Not-Classified Nonattainment Area, submitted by the State on January 17, 2002. (2) [Reserved] (b) Lead. [Reserved] (c) Nitrogen Dioxide. [Reserved] (d) Ozone. [Reserved] (e) Particulate Matter. (1) EPA approves as a revision to the Idaho State Implementation Plan, the Northern Ada County PM10 SIP Maintenance Plan, adopted by the State on September 26, 2002. (2) [Reserved] (f) Sulfur Dioxide. [Reserved] [67 FR 65718, Oct. 28, 2002, as amended at 68 FR 61110, Oct. 27, 2003] § 52.673 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Idaho's plan for the attainment and maintenance of the national standards. § 52.674 [Reserved] top § 52.675 Control strategy: Sulfur oxides—Eastern Idaho Intrastate Air Quality Control Region. top (a)(1) Regulation R of the Rules and Regulations for the Control of Air Pollution in Idaho, which is part of the sulfur dioxide (SO2) control strategy, is disapproved since it is inconsistent with the purposes and provisions of subpart G of this chapter. These requirements are not met by Regulation R in that the SO2 control strategy contained therein is not adequate for the attainment and maintenance of SO2 national ambient air quality standards (NAAQS). (2) Rules 1–1801 through 1–1804 (Rules for Control of Sulfur Oxide Emissions from Sulfuric Acid Plants) of the “Rules and Regulations for the Control of Air Pollution in Idaho” are inadequate to ensure attainment and maintenance of Sulfur Dioxide National Ambient Air Quality Standards in the Eastern Idaho Intrastate Air Quality Control Region. Special limits have previously been established for certain existing acid plants in this Air Quality Control Region (§§52.670(c)(15) and 52.675(b)). Therefore, Rules 1–1801 through 1–1804 are approved except as they apply to existing acid plants with approved or promulgated emission limits that are more stringent than the limit found in 1–1802. (b) Regulation for control of sulfur dioxide (SO2) emissions: Sulfuric Acid Plants. (1) The provisions of this paragraph shall apply to the owner(s) and operator(s) of The J. R. Simplot Company's Minerals and Chemical Division, located in Power County, Idaho, in the Eastern Idaho Intrastate Air Quality Control Region. (2) The owner(s) and operator(s) of The J. R. Simplot Company facility shall utilize best engineering techniques in the operation of their plant to prevent fugitive SO losses. Such techniques shall include but are not limited to: (i) Operating and maintaining all conducts, flues, and stacks in a leakfree condition. (ii) Operating and maintaining all process equipment and gas collection systems in such a fashion that leakage of SO2 gases will be prevented to the maximum extent possible. (3) The owner(s) and operator(s) of The J. R. Simplot Company facility shall limit SO2 emissions from their sulfuric acid plants per the following: (i) The combined SO2 emissions from the designated 100 and 200 sulfric acid plants shall not exceed 2 kilograms (kg) per metric ton (4 pounds per ton) of 100 percent sulfuric acid produced. (ii) The SO2 emissions from the designated 300 sulfuric acid plant and stack shall not exceed 994 kg per hour (2190 pounds per hour). (4) (i) The owner(s) and operator(s) of The J. R. Simplot Company shall achieve compliance with the requirements specified in paragraphs (b)(2) and (b)(3) of this section in accordance with the following schedule: (A) Advise EPA as to status of contract(s) and construction schedules for pollution abatement projects within 30 days of the effective date of this regulation. (B) Attain final compliance by July 31, 1976. (ii) A performance test of the 300 acid plant shall be necessary to determine whether compliance has been achieved with the requirements of paragraph (b)(3) of this section. Such test must be completed within 15 days of the final compliance date specified in paragraph (b)(4)(i) of this section. Notice must be given to the Administrator at least 10 days prior to such a test to afford him an opportunity to have an observer present. (iii) Within 60 days after achieving the maximum production rate at which the 100 and 200 acid plant will be operated, but not later than 180 days after initial start-up of these plants and at such other times as may be required by the Administrator under section 114 of the Clean Air Act, the owner(s) and operator(s) of the facility shall conduct performance test(s) in accordance with the requirements of 40 CFR 60.8. (iv) If the owner(s) and operator(s) of the J. R. Simplot Company facility are presently in compliance with the requirements of paragraphs (b)(2) and (b)(3) of this section or in compliance with a portion of these requirements, such compliance shall be certified to the Administrator within 15 days following the date of the publication of these requirements as a final regulation in the Federal Register. If the owner(s) or operator(s) of The J. R. Simplot Company achieve compliance prior to July 31, 1976, such compliance shall be certified to the Administrator within 15 days of the date of achieving compliance. The Administrator may request whatever supporting information he considers necessary to determine the validity of the certification. (5) (i) By no later than September 30, 1976, the owner(s) and operator(s) of The J. R. Simplot Company facility shall install, calibrate, maintain and operate measurement system(s) for: (A) Continuously monitoring and recording SO2 concentration rates in each sulfuric acid plant discharge stack per the requirements of 40 CFR 60.13 and 60.84. (B) Continuously monitoring and recording gas volumetric flow rates in the exhaust stack of the designated 300 sulfuric acid plant. (ii) By no later than October 30, 1976, and at such other times following that date as the Administrator may specify, the SO2 concentration measurement system(s) and stack gas volumetric flow rate system(s) installed and used pursuant to this paragraph shall be demonstrated to meet the measurement system performance specifications prescribed in 40 CFR 60.13 and Appendix E to this part, respectively. The Administrator shall be notified at least 10 days prior to the start of this field test period to afford the Administrator the opportunity to have an observer present. (iii) The sampling point for monitoring the concentration of SO2 emissions shall be in the duct at the centroid of the cross section of the discharge stack if the cross sectional area is less than 4.65 m 2 (50 ft 2 ) or at a point no closer to the wall than 0.91 m (3 ft) if the cross sectional area is 4.65 m 2 (50 ft 2 ) or more. The monitor sample point shall be representative of the average concentration in the duct. (iv) The measurement system(s) shall be maintained, operated and calibrated in accordance with the methods prescribed by the manufacturers. Records of maintenance and/or calibration shall be kept and submitted to the Administrator upon request. These records shall clearly show instrument readings before and after such calibration and/or maintenance. (v) The owner(s) and operator(s) of The J. R. Simplot Company facility shall maintain a daily record of three hour average emission rate measurements for each sulfuric acid plant. Three hour average emission rates shall be calculated for each day beginning at midnight. For the 100 and 200 acid plants, the calculations shall be in conformance with 40 CFR 60.84. For the 300 acid plant, average SO2 emission rates expressed in kg SO2 per hour shall be calculated. The results of these calculations for each month shall be submitted to the Administrator within 15 days following the end of each month. Such submission shall identify each period of excess emissions that occurred and the nature and cause of any malfunction (if known), the corrective action taken or preventative measures adopted. The records of such measurements including strip charts and other appropriate raw data shall be retained for a minimum of two years following the date of such measurements. (vi) The continuous monitoring and recordkeeping requirements of paragraph (b)(5) of this section shall become applicable September 30, 1976. (6)(i) Compliance with the requirements set forth in paragraph (b)(3) of this section shall be determined using the emission rates measured by the continuous measurement system(s) installed, calibrated, maintained and operated in accordance with the requirements of paragraph (b)(5) of this section. (ii) At the Administrator's discretion, compliance may also be determined using the manual source test methods per 40 CFR 60.85 and Appendix A to part 60 of this title. Emission rates for each stack shall be expressed in units consistent with those in paragraph (b)(3) of this section. (iii) A violation of the requirements of paragraph (b)(3) of this section shall occur whenever the SO2 emission rates determined according to paragraph (b)(6)(i) or (b)(6)(ii) of this section exceed the corresponding SO2 emission rates specified in paragraph (b)(3) of this section. (7) The owner(s) and operator(s) of The J. R. Simplot Company facility shall by September 30, 1976, install, calibrate, maintain and operate a network for continuously monitoring ground level ambient SO2 concentrations and wind speed and direction. (i) The monitoring network shall consist of at least four ambient SO2 monitoring stations and one meteorological station placed at locations approved by the Administrator. (ii) The SO2 monitoring network shall be consistent with automated equivalent methods for measurement of ambient concentrations of SO2 as defined in part 53 of this chapter. (iii) The monitoring network installed and used pursuant to this subparagraph shall be maintained, operated and calibrated in accordance with the methods prescribed by the manufacturers. Records of maintenance and/or calibration shall be kept and submitted to the Administrator upon request. These records shall clearly show instrument readings before and after such calibration and/or maintenance. (iv) The owner(s) and operator(s) of The J. R. Simplot Company facility shall maintain a daily record of all measurements required by this subparagraph. Strip charts and other raw data from the monitoring network shall be retained for a minimum of two years following the date of such measurement. (v) The owner(s) and operator(s) of The J. R. Simplot Company shall calculate hourly average ambient SO2 concentrations, wind speed, and wind direction from each monitoring station and submit such values to the Administrator within 15 days following the end of each month. (vi) The continuous monitoring and recordkeeping requirements of paragraph (b)(7) of this section shall become applicable September 30, 1976 and shall remain applicable until such time as the Administrator declares that an adequate ambient air data base has been established, which shall be no earlier than at least one calendar year. (vii) Within 90 days of the Administrator's declaration of an adequate data base, Simplot shall submit to the Administrator a technical analysis of the degree of permanent control required on the 300 acid plant to ensure attainment and maintenance of NAAQS. (8) Nothing in paragraph (b) of this section shall be construed to relieve the owner(s) and operator(s) of The J. R. Simplot Company to comply with any applicable requirements of part 60 of this title. In the event of conflicting requirements or interpretations between part 60 of this title and this paragraph, the more restrictive interpretation or requirement shall apply. (9) In the event that measurement systems cannot be installed and operational by the date specified in this section, The J. R. Simplot Company shall propose the earliest possible date by which such requirements can be met. Such proposal shall include adequate justification and supporting documentation. [41 FR 23202, June 9, 1976, as amended at 47 FR 32534, July 28, 1982; 51 FR 40676, Nov. 7, 1986] § 52.676 [Reserved] top § 52.677 Original identification of plan section. top (a) This section identifies the original “Idaho Air Quality Implementation Plan” and all revisions submitted by Idaho that were federally approved prior to November 12, 2004. (b) The plan was officially submitted on January 31, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Miscellaneous additions (compliance schedules and non-regulatory provisions) to the plan submitted on February 23, 1972, by the Idaho Air Pollution Control Commission. (2) Request for delegation of legal authority submitted on March 2, 1972, by the Governor. (3) Compliance schedules submitted on April 12, 1972, by the Governor. (4) Request for an 18-month extension for particulate matter in all AQCR's submitted on May 5, 1972, by the Governor. (5) Miscellaneous additions (Non-regulatory) to the plan submitted on May 26, 1972, by the Idaho Air Pollution Control Commission. (6) Appendices D and E of the plan submitted on June 9, 1972, by the Governor. (7) Revisions to the Rules and Regulations for the Control of Air Pollution in Idaho submitted on February 15, 1973, by the Governor. (8) Compliance schedules submitted on July 23, 1973, by the Governor. (9) Amendment to Chapter IX of the plan to provide for review of indirect sources and a new Chapter XIV which sets forth the control strategy for attaining secondary particulate matter standards on October 16, 1973, by the Governor. (10) Revisions to 1972 Session Laws, Chapter 347; 1973 Session Laws, Chapter 87, 136, 137, 138, 139, and 143; Chapters 18 and 52, Idaho Code; and the accompanying Attorney General's opinion submitted August 15, 1973, by the Governor. (11) A new section 4 of Regulation A (General Provisions) and revised Regulation T (Air Pollution Sources Permits) of the Rules and Regulations for the Control of Air Pollution in Idaho (Chapter VII of the plan), an addition to Chapter XI of the plan to include administrative procedures for indirect source review, and compliance schedules submitted on July 1, 1974, by the Governor. (12) Air quality maintenance area designation submitted on June 11, 1974, by the Idaho Department of Environmental and Community Services. (13) An amendment to Regulation C (Ambient Air Quality Standards) and Regulation S (Control of Sulfur Oxide Emissions from Combined Lead/Zinc Smelters) of the Rules and Regulations for the Control of Air Pollution in Idaho and revisions to Chapter IV and Appendix F of the Implementation Plan submitted on January 10, 1975, by the Governor. (14) Revised sections 2 and 6 of Regulation A (General Provisions) of the Rules and Regulations for the Control of Air Pollution in Idaho submitted on January 24, 1975, by the Governor. (15) Consent Order for Beker Industries submitted on July 28, 1975 by the Governor. (16) On January 15, 1980 the Governor submitted the transportation portion of the Boise-Ada County carbon monoxide plan. (17) On July 1, 1980 the Governor submitted a SIP revision containing a variance from the indirect source regulation for an urban renewal project located in downtown Boise, as well as an adjustment to the TCP which had been submitted to EPA in January 1980. (18) On February 14, 1980 the State of Idaho Department of Health and Welfare submitted a plan revision to meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart C, §58.20. (19) Revisions to the “Implementation Plan for the Control of Air Pollution in the State of Idaho” submitted by the Governor of Idaho on January 15, 1980: Chapter I “Introduction;” Chapter II “General Administration;” Chapter III “Emissions Inventory;” Chapter IV “Air Quality Monitoring;” Chapter V “Source Surveillance;” Chapter VI “Emergency Episode Plan;” Chapter VII “Approval Procedures for New and Modified Sources;” Chapter VIII “Non-Attainment Area Plans;” Chapter VIII-a “Silver Valley Non-Attainment Plan;” Chapter VIII-e “Soda Springs Non-Attainment Plan;” Appendix A.2 Legal Authority (Section 39–100, Idaho Code); Appendix A.3, Title I, Chapter I, Rules and Regulations for the Control of Air Pollution in Idaho, except indirect source review provisions (1–1002.37, 1–1002.76 and 1–1004), variance provisions (1–1007 and 1–1904) and “Sulfur Dioxide Emission Limitations for Combined Zinc and Lead Smelters” (1–1851 through 1–1868); Appendix B “Emission Inventory, Ada County Carbon Monoxide Non-Attainment Area;” Appendix G “Permits—Silver Valley” (six permits); and Appendix K “Permits—Soda Springs” (four permits). (20) Chapter VIII-b “Lewiston Non-Attainment Plan” submitted by the Governor of Idaho on January 15, 1980. On December 4, 1980, the Governor submitted revised pages 31–39, an operating permit for a kraft pulp and paper mill (Appendix H.1), operating permits for two grain loading terminals (Appendices H.3 and H.4), and an operating permit for an asphalt plant (Appendix H.5). On February 5, 1981 the Governor further revised the nonattainment area plan by submitting a permit for a wood products operation (Appendix H.2). (21) Chapter VIII-d “Pocatello TSP Non-Attainment Plan” submitted by the Governor of Idaho on March 7, 1980. This submittal included operating permits for an elemental phosphorus plant (Appendix J.1), a phosphate fertilizer manufacturing plant (Appendix J.2), and a Portland cement plant (Appendix J.3). On February 5, 1981, the Governor submitted a revised Chapter VIII-d. (22) On February 3, 1984 the State of Idaho Department of Health and Welfare submitted a revision to add a lead maintenance strategy to the Idaho Implementation Plan. (23) On May 29, 1984, the State of Idaho Department of Health and Welfare submitted the Boise-Ada County carbon monoxide attainment plan as an official State Implementation Plan revision. The submittal was then supplemented on January 3, 1985. (24) A revised Chapter VII Approval Procedures for New and Modified Facilities; revised sections 1–1002, 1–1012, 1–1013, 1–1014, and 1–1101 of Appendix A. 3 “Title 1, Chapter 1, Rules and Regulations for the Control of Air Pollution in Idaho Manual;” and the repeal of sections 1–1003, 1–1102 through 1–1112, and 1–1900 through 1–1906 of Appendix A. 3 “Title 1, Chapter 1, Rules and Regulations for the Control of Air Pollution in Idaho Manual;” of the Implementation Plan for the Control of Air Pollution in the State of Idaho, submitted by the Director of the State of Idaho Department of Health and Welfare on April 19, 1985. (Sections 1–1003, 1–1102 through 1–1112, and 1–1900 through 1–1906 of Appendix A. 3 “Title 1, Chapter 1, Rules and Regulations for the Control of Air Pollution in Idaho Manual” were previously approved by EPA at 40 CFR 52.670(c)(19).) An April 3, 1986, commitment letter from the Director of the State of Idaho Department of Health and Welfare regarding stack height provisions. (i) Incorporation by reference. (A) Revised sections 1–1002, 1–1012, 1–1013, 1–1014, and 1–1101 of Appendix A. 3, “Title 1, Chapter 1, Rules and Regulations for the Control of Air Pollution in Idaho Manual” of the Implementation Plan for the Control of Air Pollution in the State of Idaho, as adopted by the Idaho Board of Health and Welfare on November 1, 1984. An April 3, 1986, commitment letter from the Director of the State of Idaho Department of Health and Welfare regarding stack height provisions. (ii) Other materials. (A) Revised Chapter VII Approval Procedures for New and Modified Facilities of the Implementation Plan for the Control of Air Pollution in the State of Idaho, submitted by the Director of the Idaho Department of Health and Welfare on April 19, 1985. (This revised chapter replaces an earlier version which was approved by EPA and incorporated by reference at 40 CFR 52.670(c)(19).) (B) Sections 1–1003, 1–1102 through 1–1112, and 1–1900 through 1–1906 of Appendix A. 3 “Title 1, Chapter 1, Rules and Regulations for the Control of Air Pollution in Idaho,” of the Implementation Plan for the Control of Air Pollution in the State of Idaho, repealed by the Idaho Board of Health and Welfare on November 1, 1984. (These sections, noted as repealed, replace the earlier versions which were approved by EPA and incorporated by reference at 40 CFR 52.670(c)(19).) (25) On March 27, 1987, the State of Idaho Department of Health and Welfare submitted revised rules regulating the use of stack heights and dispersion techniques (section 16.01.1002.94 and section 16.01.1014) as revisions to the Idaho state implementation plan. Additional revisions included clarifications to section 16.01.1009 (Total Compliance), and section 16.01.1201.03 (Visible Emissions-Exception). (i) Incorporation by reference. (A) March 27, 1987 letter from the State of Idaho Department of Health and Welfare to EPA, Region 10. (B) Section 16.01.1002.94 (Stack), section 16.01.1014 (Stack Heights and Dispersion Techniques), section 16.01.1009 (Total Compliance) and section 16.01.1201.03 (Visible Emissions-Exception) adopted by the State of Idaho Department of Health and Welfare on February 11, 1987. (26) On June 15, 1990, the Administrator of the Idaho Department of Health and Welfare submitted amendments to State of Idaho's Rules and Regulations for the Control of Air Pollution in Idaho Manual as revisions to the Idaho state implementation plan as follows: Idaho Administrative Procedures Act, Section 16.01.01002 Definitions, Section 16.01.01012 Procedures and Requirements for Permits to Construct and Operating Permits, and Section 16.01.01101 Air Quality Standards and Area Classification. (27) On September 4, 1992, the Administrator of the Idaho Department of Health and Welfare submitted a revised and recodified Rules and Regulations for the Control of Air Pollution in Idaho Manual (Idaho Administrative Procedures Act Sections 16.01.01000 through 16.01.01999) as a revision to the Idaho state implementation plan. (i) Incorporation by reference. (A) June 15, 1990, letter from the Administrator of the Idaho Department of Health and Welfare to EPA Region 10 submitting amendments to the Idaho state implementation plan. (B) September 4, 1992, letter from the Administrator of the Idaho Department of Health and Welfare to EPA Region 10 submitting amendments to the Idaho state implementation plan. (C) Idaho's Rules and Regulations for the Control of Air Pollution in Idaho Manual (except for sections IDAPA 16.01.01007 Variances, IDAPA 16.01.01853 through 16.01.01856 Combined Zinc and Lead Smelters, IDAPA 16.01.0951 through 16.01.01968 Regulation of Standards of Performance for New Stationary Sources, and IDAPA 16.01.01997 Confidentiality of Records) as adopted by the Board of the Idaho Department of Health and Welfare on July 30, 1992, and effective on August 21, 1992. (28) On April 14, 1992, the State of Idaho submitted a revision to the SIP for Pinehurst, ID, for the purpose of bringing about the attainment of the national ambient air quality standards for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers. This submittal includes an additional area in Shoshone County adjacent to the City of Pinehurst which EPA designated nonattainment and moderate for PM–10 on January 20, 1994. (i) Incorporation by reference. (A) April 7, 1992 letter from Idaho Department of Health and Welfare to EPA Region 10 submitting the Pinehurst Particulate Air Quality Improvement Plan as a revision to the Implementation Plan for the Control of Air Pollution in the State of Idaho. The plan has been adopted in accordance with the authorities and requirements of the Federal Clean Air Act and the Idaho Environmental Protection and Health Act (Idaho Code section 39–10/et seq). (B) SIP revision for Pinehurst Particulate Air Quality Improvement Plan, February 5, 1992 (adopted on April 7, 1992). (29) On June 29, 1994, the Idaho Department of Health and Welfare submitted a CO State Implementation Plan for Northern Ada County, Idaho. (i) Incorporation by reference. (A) June 29, 1994 letter from Idaho Department of Health and Welfare to EPA Region 10 submitting the CO SIP for Northern Ada County, Idaho. (B) Minor Revision of the Northern Ada County, Idaho 1984 State Implementation Plan for CO, June 1994 (including Ada County Ordinance 228, City of Boise Ordinance 5273, City of Meridian Ordinance 547, City of Garden City Ordinance 558, and City of Eagle Ordinance 177), as adopted by the Idaho Department of Health and Welfare on June 28, 1994. (30) On January 7, 1994, the Administrator for the Idaho Department of Health and Welfare, Division of Environmental Quality, submitted the State PROGRAM as a revision to the Idaho SIP. (i) Incorporation by reference. (A) The January 3, 1994 letter from the Administrator of the Idaho Department of Health and Welfare, Division of Environmental Quality, submitting the PROGRAM to EPA. (B) The State Implementation Plan Revision to Establish a State Small Business Stationary Source Technical and Environmental Compliance Assistance Program (which includes the text of Idaho Code 39–118E, Small Business Assistance, signed into law Senate bill 1236 by Idaho Governor, Cecil D. Andrus, on March 29, 1993), dated December 29, 1993, and adopted on January 3, 1994. (31) On November 14, 1991, and on December 30, 1994, the Idaho Department of Health and Welfare (IDHW) submitted revisions to the Idaho State Implementation Plan (SIP) for the Northern Ada County/Boise Particulate (PM10) Air Quality Improvement Plan. (i) Incorporation by reference. (A) November 14, 1991, letter from the IDHW Administrator to the EPA Region 10 Regional Administrator submitting a revision to the Idaho SIP for the Northern Ada County/Boise Particulate Air Quality Improvement Plan; The Northern Ada County Boise Particulate (PM10) Air Quality Improvement Plan adopted on November 14, 1991. (B) December 30, 1994, letter from the IDHW Administrator to the EPA Region 10 Regional Administrator including a revision to the Idaho SIP for the Northern Ada County/Boise PM10 Air Quality Improvement Plan; Appendix C–1, Supplemental Control Strategy Documentation, Northern Ada County/Boise PM10 Air Quality Improvement Plan, adopted December 30, 1994, with the following attachments: Garden City Ordinances #514 (May 14, 1987), #533 (January 10, 1989) and #624 (September 13, 1994); Meridian Ordinance #667 (August 16, 1994); Eagle Ordinance #245 (April 26, 1994); Ada County Ordinance #254 (November 3, 1992); and Table Ordinance-1 (December 30, 1994). (32) On December 6, 2000, the Idaho Department of Environmental Quality submitted amendments to State of Idaho's Rules and Regulations for the Control of Air Pollution in Idaho as revisions to the Idaho state implementation plan as follows: sections 58.01.01.563 through 58.01.01.574. (i) Incorporation by reference. (A) Section 58.01.01.563 Transportation Conformity, Section 58.01.01.564 Incorporation by Reference, Section 58.01.01.565 Abbreviations, Section 58.01.01.566 Definitions for the Purpose of Sections 563 Through 574 and 582, Section 58.01.01.567 Agencies Affected by Consultation, Section 58.01.01.568 ICC Member Roles in Consultation, Section 58.01.01.569 ICC Member Responsibilities in Consultation, Section 58.01.01.570 General Consultation Process, Section 58.01.01.571 Consultation Procedures, Section 58.01.01.572 Final Conformity Determinations by USDOT, Section 58.01.01.573 Resolving Conflicts, Section 58.01.01.574 Public Consultation Procedures. (33) On February 9, 2001, the Idaho Department of Environmental Quality submitted amendments to State of Idaho's Rules and Regulations for the Control of Air Pollution in Idaho as revisions to the Idaho state implementation plan as follows: Section 58.01.01.582 (i) Incorporation by reference. (A) Section 58.01.01.582 Interim Conformity Provisions for Northern Ada County Former Nonattainment Area for PM–10. (34) On February 9, 2001, the Idaho Department of Environmental Quality submitted amendments to State of Idaho's Rules and Regulations for the Control of Air Pollution in Idaho as revisions to the Idaho state implementation plan as follows: Section 58.01.01.204. (i) Incorporation by reference. (A) IDAPA 58.01.01.204 Permit Requirements for New Major Facilities or Major Modifications in Nonattainment Areas and in the Former PM–10 Northern Ada County Nonattainment Area (as Defined in Section 582), state adopted January 26, 2001. (35) On August 16, 1996, the State of Idaho adopted and submitted a revision to the SIP for Sandpoint, Idaho, for the purpose of bringing about the attainment of the national ambient air quality standards for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers. (i) Incorporation by reference. (A) Ordinance No. 939, Material Specifications for Street Sanding Material, as adopted by the City of Sandpoint on February 22, 1994. (B) Ordinance No. 965, Solid Fuel Heating Appliance Ordinance, as adopted by the City of Sandpoint on February 21, 1995. (C) The following terms and conditions limiting particulate matter emissions in the following permits: (1) State of Idaho Air Pollution Operating Permit for Lake Pre-Mix concrete, Permit No. 777–00182, issued May 17, 1996, the following conditions for the cement silo vent: 1.1, 2.1.1, 2.1.2, 3.1.1, and 3.1.2. (2) State of Idaho Air Pollution Operating Permit for Interstate Concrete & Asphalt, Permit No. 017–00048, issued August 2, 1999, the following conditions: for the asphalt plant, 2.2, 3.1.1, 4.1, 4.1.1, 4.1.2, 4.2.1 (as it applies to the hourly PM10 emission limit in Appendix A), 4.2.2, 4.2.2.1, 4.2.2.2, and 4.2.2.3; for the concrete batch plant, 2.1, 3.1.1, 4.1, 4.1.1, and 4.1.2; Appendix A (as it applies to PM10 emission rates after 7/1/96) and Appendix B (as it applies after 7/1/96). (3) State of Idaho Department of Environmental Quality Air Quality Tier II Operating Permit for Louisiana-Pacific Corporation, Permit No. 017–00003, issued October 31, 2001, the following conditions: for the Kipper and Sons Hog Fuel Boiler, 2.3 (as it applies to PM10), 2.5, 2.7, 2.13, 2.14, 2.17, 2.19; Cleaver-Brooks Natural Gas-Fired Boilers, 3.2 (as it applies to PM10); Pneumatic Conveyance System, 4.2, 4.4, 4.7; Drying Kilns, 5.2, 5.4, 5.5; Fugitive Emission Sources, 6.5, 6.7, 6.13; and the Appendix (as it applies to PM10). (ii) Additional materials. (A) Sandpoint PM10 Air Quality Improvement Plan, adopted August 16, 1996. (36) [Reserved] (37) On May 17, 1994, May 11, 1995, November 21, 1996, February 28, 1997, December 18, 1997, April 9, 1998, May 5, 1999, December 5, 2000, and May 30, 2002, the Idaho Department of Environmental Quality submitted amendments to State of Idaho Rules for Control of Air Pollution in Idaho (IDAPA 58.01.01) as revisions to the Idaho State implementation plan. (i) Incorporation by reference. (A) IDAPA 58.01.01 as in effect on March 30, 2001 except for the following provisions: section 000; section 002; section 003; section 008; section 009; section 010; subsections 107.03; section 128; sections 140 through 149; section 161; subsection 203.03; section 209; section 210; section 214; subsection 222.03; section 223; sections 300 through 387; subsection 401.01.a. and 401.04; sections 440 and 441; sections 525 through 538; sections 552, 553, 556, 558, and 561; subsection 577.06; sections 585, 586, 587, 590 and 591; section 700; section 710; sections 750 and 751; sections 775 and 776; section 818; section 819; section 820; subsection 824.01; sections 835 through 839; and sections 855 through 862. (B) IDAPA 58.01.01 sections 209 and 700 as in effect on April 5, 2000. (C) IDAPA 58.01.01 sections 552, 553, 556, 558, and 561 as in effect on March 15, 2002. (38) The Idaho Department of Environmental Quality (Idaho DEQ, the State, or Idaho) submitted a PM10 maintenance plan and redesignation request for the Ada County/Boise, Idaho area on September 27, 2002, and provided supplemental information on July 10, 2003 and July 21, 2003. (i) Incorporation by reference. (A) The following terms and conditions limiting particulate matter emissions in the following permits: (1) State of Idaho Air Pollution Operating Permit for LP Wood Polymers, Inc. Permit No. 001–00115, issued July 12, 2002, the following conditions: 1.1, 1.3, 3.1, and the Appendix. (2) State of Idaho Air Pollution Operating Permit for Consolidated Concrete Company, Permit No. 001–00046, issued December 03, 2001, the following conditions: 1.1, 1.3, 2.3, 3.1, 3.2, and the Appendix. (3) State of Idaho Air Pollution Operating Permit for Crookham Company, Permit No. 027–00020, issued January 18, 2002, the following conditions: 1.1, 1.3, 2.1, 2.3, 3.1, 3.1.1, 3.1.2, 3.2, and the Appendix. (4) State of Idaho Air Pollution Operating Permit for Double D Service Center, Permit No. 001–00168, issued February 4, 2002, the following conditions: 1.1, 1.3, 3.1, 3.2.1, 3.2.2, 3.2.3, and the Appendix. (5) State of Idaho Air Pollution Operating Permit for Plum Creek Northwest Lumber, Inc., Permit No. 001–00091, issued July 12, 2002, the following conditions: 1.1, 1.3, 2.1.2, 3.1, and the Appendix. (6) State of Idaho Air Pollution Operating Permit for C. Wright Construction, Inc., Permit No. T2–000033, issued July 08, 2003, the following conditions: 2 (heading only), 2.5, (2.12, Table 2.2 as it applies to PM10), 2.14, 3 (heading only), 3.3, Table 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 3.10, 4 (heading only), 4.2, 4.3, 4.4, 4.7, 5, and Table 5.1. (7) State of Idaho Air Pollution Operating Permit for Nelson Construction Co., Permit No. T2–020029, issued July 21, 2003, the following conditions: 2 (heading only), 2.12, 2.14, 3 (heading only, 3.3, 3.4, 3.6, 3.7, 3.9, 3.10, 3.11, 3.12, 4 (heading only), 4.3, 4.4, 4.5, 4.6, 5, and Table 5.1. (8) State of Idaho Air Pollution Operating Permit for Mike's Sand and Gravel, Permit No. 001–00184, issued July 12, 2002, the following conditions: 1.1, 1.3, 2.2.1, 3.1, and the Appendix. (9) State of Idaho Air Pollution Operating Permit for Idaho Concrete Co., Permit No. T2–020031, issued July 8, 2003, the following conditions: 2 (heading only), 2.5, 2.13, 3 (heading only), 3.3, 3.4, 3.6, 3.7, 3.8, 4 (heading only), and Table 4.1. (10) State of Idaho Air Pollution Operating Permit for Idaho Concrete Co., Permit No T2–020032, issued July 8, 2003, the following conditions: 2 (heading only), 2.5, 2.13, 3 (heading only), 3.3, 3.4, 3.6, 3.7, 3.8, 4 (heading only), and Table 4.1. (11) State of Idaho Air Pollution Operating Permit for Idaho Concrete Co., Permit No. T2–020033, issued July 8, 2003, the following conditions: 2 (heading only), 2.5, 2.13, 3 (heading only), 3.3, 3.4, 3.6, 3.7, 3.8, 4 (heading only), and Table 4.1. (12) State of Idaho Air Pollution Operating Permit for The Amalgamated Sugar Company LLC, Permit No. 027–00010, issued September 30, 2002, the following conditions: 2 (heading only), (2.7, Table 2.2 as it applies to PM10), 2.10, 2.10.1, 2.10.2, 2.11, 2.11.1, 2.11.2, 2.11.3, 2.11.4, 2.11.5, 2.12, 2.12.1, 2.12.2, 2.12.3, 2.13, 2.13.1, 2.13.2, 2.13.3, 2.14, 2.14.1, 2.14.2, 2.16, 3 (heading only), (3.3, Table 3.2 as it applies to PM10), 3.5, 3.7, 3.8, 3.8.1, 3.8.2, 3.8.3, 3.8.4, 3.8.5, 3.8.6, 3.8.7, 3.8.8, 3.9, 4 (heading only), (4.3, Table 4.1 as it applies to PM10), 4.5, 4.6, 4.7, 5 (heading only), (5.3, Table 5.3 as it applies to PM10), 5.5, 5.9, 5.9.1, 5.9.2, 5.9.3, 5.9.4, 5.9.5, 5.9.6, 5.9.7, 5.9.8, 5.9.9, 5.10, 5.11, 6 (heading only), 6.3, Table 6.1, 6.5, 6.6, 6.7, 6.7.1, 6.7.2, 6.8, 7 (heading only), (7.3, Table 7.1 as it applies to PM10), 7.5, 7.7, 7.7.1, 7.7.2, 7.8, 8 (heading only), 8.3, Table 8.1, 8.5, 8.7, 8.7.1, 8.7.2, 8.8, 9 (heading only), 9.3, Table 9.1, 9.5, 9.7, 9.7.1, 9.7.2, 9.8, 10 (heading only), 10.3, Table 10.1, 10.6, 10.8, 10.8.1, 10.8.2, 10.9, 11 (heading only), 11.3, Table 11.2, 11.6, 11.8, 11.8.1, 11.8.2, 11.9, 12 (heading only), 12.3, Table 12.1, 12.5, 12.7, 12.7.1, 12.7.2, 12.8, 13 (heading only), 13.1 (except as it applies to conditions 13.3, 13.3.1, 13.3.2, 13.5, 13.5.1, 13.5.2, 13.5.3, 13.6, 13.6.1, 13.6.2 and 13.9), Table 13.1 (except conditions 13.3, 13.5 and 13.6), (13.2, Table 13.2 as it applies to PM10), 13.2.1, 13.4, 13.4.1, 13.4.2, 13.4.3, 13.7, 13.7.1, 13.7.2, 13.8, 13.8.1, 13.8.2, 13.8.3, 13.10, and 13.11. [37 FR 10861, May 31, 1972, as amended at 41 FR 8959, Mar. 2, 1976; 41 FR 23202, June 9, 1976; 45 FR 70261, Oct. 23, 1980; 46 FR 15136, Mar. 4, 1981; 47 FR 32533, July 28, 1982; 49 FR 18833, May 3, 1984; 50 FR 23811, June 6, 1985; 51 FR 22810, June 23, 1986; 53 FR 48540, Dec. 1, 1988; 58 FR 39447, July 23, 1993; 59 FR 43751, Aug. 25, 1994; 59 FR 47804, Sept. 19, 1994; 59 FR 61549, Dec. 1, 1994; 60 FR 27893, May 26, 1995; 61 FR 27023, May 30, 1996; 66 FR 18876, Apr. 12, 2001; 66 FR 19724, Apr. 17, 2001; 67 FR 43012, June 26, 2002; 68 FR 2222, Jan. 16, 2003; 68 FR 61109, Oct. 27, 2003; 69 FR 63325, Nov. 1, 2004. Redesignated and amended at 70 FR 3481, Jan. 25, 2005] §§ 52.678-52.680 [Reserved] top § 52.681 Permits to construct and tier II operating permits. top (a) Except as otherwise provided in paragraph (b) of this section, emission limitations and other provisions contained in Permits to Construct and Tier II Operating Permits issued by the Idaho Department of Environmental Quality in accordance with the Federally-approved State of Idaho Rules for Control of Air Pollution in Idaho, incorporated by reference in section 52.670 (IDAPA 58.01.01.200 through 222, IDAPA 58.01.01.400 through 406), shall be applicable requirements of the Federally-approved Idaho SIP (in addition to any other provisions) for the purposes of section 113 of the Clean Air Act and shall be enforceable by EPA and by any person in the same manner as other requirements of the SIP. (b) Operating Permits authorizing the use of alternative emission limits (bubbles) under IDAPA 58.01.01.401.01.a, 58.01.01.440, and 58.01.01.441 (including the use of banked emission reduction credits in a bubble pursuant to IDAPA 58.01.01.461), and Tier II Operating Permits authorizing compliance schedule extensions under IDAPA 58.01.01.401.04 must be submitted to EPA for approval as revisions to the Idaho SIP before they become applicable requirements of the Idaho SIP. [68 FR 2225, Jan. 16, 2003] § 52.682 [Reserved] top § 52.683 Significant deterioration of air quality. top (a) The State of Idaho Rules for Control of Air Pollution in Idaho, specifically, IDAPA 58.01.01.005 through 007 (definitions), IDAPA 58.01.01.200 through 222 (permit to construct rules), IDAPA 58.01.01.510 through 516 (stack height rules), and IDAPA 58.01.01.575 through 581 (standards, increments and area designations) are approved as meeting the requirements of title I, part C, subpart 1 of the Clean Air Act for preventing significant deterioration of air quality. (b) The requirements of sections 160 through 165 of the Clean Air Act are not met for Indian reservations since the plan does not include approvable procedures for preventing significant deterioration of air quality on Indian reservations. Therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made part of the applicable plan for Indian reservations in the State of Idaho. (c) The requirements of section 165 of the Clean Air Act are not met for sources subject to prevention of significant deterioration requirements prior to August 22, 1986, the effective date of EPA's approval of the rules cited in paragraph (a) of this section. Therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made part of the applicable plan for sources subject to §52.21 prior to August 22, 1986. [68 FR 2226, Jan. 16, 2003, as amended at 68 FR 20072, Apr. 24, 2003; 68 FR 74489, Dec. 24, 2003] §§ 52.684-52.689 [Reserved] top § 52.690 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring. The provisions of §52.26 are hereby incorporated and made a part of the applicable plan for the State of Idaho. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of Idaho. [50 FR 28553, July 12, 1985; 51 FR 23759, July 1, 1986, as amended at 52 FR 45137, Nov. 24, 1987] § 52.691 Extensions. top (a) The Administrator, by authority delegated under section 188(d) of the Clean Air Act, as amended in 1990, hereby extends for one year (until December 31, 1995) the attainment date for the Power-Bannock Counties PM–10 nonattainment area and the Sandpoint PM–10 nonattainment area. (b) The Administrator, by authority delegated under section 188(d) of the Clean Air Act, as amended in 1990, hereby grants a second one-year extension (until December 31, 1996) to the attainment date for the Power-Bannock Counties PM–10 nonattainment area. [61 FR 20732, May 8, 1996, as amended at 61 FR 66606, Dec. 18, 1996] Subpart O—Illinois top § 52.719 [Reserved] top § 52.720 Identification of plan. top (a) Title of plan: “State of Illinois Air Pollution Implementation Plan.” (b) The plan was officially submitted on January 31, 1972. (c) The plan revision listed below were submitted on the dates specified. (1) The role of the City of Chicago as a local agent was defined in a letter from the State Environmental Protection Agency on March 13, 1972. (2) Copies of the Illinois Pollution Control Board Regulations, Chapter 2, Parts I, II and III were submitted May 4, 1972, by the Governor. (3) A document describing the role of the Chicago Department of Environmental Control was submitted July 28, 1972, by the State Environmental Protection Agency. (4) Copies of the revisions to the State air episode regulations were submitted on August 29, 1972, by the Governor. (5) Compliance schedules submitted on March 13, 1973, by the Pollution Control Board. (6) Compliance schedules submitted on April 3, 1973, by the Pollution Control Board. (7) Transportation control plan submitted on April 17, 1973, by the Pollution Control Board. (8) Compliance schedules submitted on May 3, 1973, by the Pollution Control Board. (9) Compliance schedules submitted on June 15, 1973, by the Pollution Control Board. (10) Compliance schedules submitted on August 7, 1973, by the Pollution Control Board. (11) Information concerning the coal ban in the Chicago area was submitted on October 22, 1973, by Governor Walker. (12) On July 22, 1976, the Director of the Illinois Environmental Protection Agency submitted revised emergency episode regulations. (13) On November 29, 1977, the Director of the Illinois Environmental Protection Agency submitted grain handling and drying emission limitations as revisions to Rule 203. (14) Revision consisting of an Illinois Pollution Control Board Order issued on July 20, 1978 to Commonwealth Edison Company, Christian County, Illinois and submitted on August 14, 1978 by the Illinois Environmental Protection Agency. (15) Revision consisting of an Illinois Pollution Control Board Order issued to Shell Oil Company's Wood River refinery on December 14, 1978 by the Illinois Environmental Protection Agency. (16) On April 4, 1979, the State submitted its draft nonattainment area plan for all areas designated nonattainment as of March 3, 1978 and as revised on October 5, 1978. This submittal contained a request for extensions of the statutory attainment deadline for CO and 03. The submittal also included a vehicle emission inspection and maintenance program and a new source review plan. Although the State submittal also included the following provisions, U.S. EPA is taking no action to include them in the federally approved SIP at this time: the portions of Rules 101, 103 and 105 relating to the provisions addressing malfunctions, general requirements of the Clean Air Act which are not Part D requirements, and the provisions covering open burning, mobile source emission standards, diesel locomotive emission standards, sulfur dioxide emissions for certain fuel combustion sources located outside major metropolitan areas, compliance dates for organic emission limitations, particulate emissions from low carbon waste incinerators, and adoption of Federal New Source Performance Standards. In addition, U.S. EPA is not rulemaking at this time on those portions of the following rules which contain specified changes made between the publication of the notice of proposed rulemaking and the final rulemaking action: (i)—(iii) [Reserved] (iv) The new materials in Section 4.11 of the Rules for Issuance of Permits to New or Modified Air Pollution Sources; (v) The addition of a definition of “reconstruction” in Section 4.7 of the Rules for Issuance of Permits; (vi) The procedure allowing external offsets contained in Section 10 of the Rules for Issuance of Permits. (17) On August 29, 1979, the State submitted additional information and clarification for the nonattainment area plan in response to USEPA's July 2, 1979 notice of proposed rulemaking. (18) On September 20, 1979, the State submitted a summary of public hearing comments on the plan. (19) On October 30, 1979, the State submitted copies of Illinois Pollution Control Board final orders for control of VOC emissions from stationary sources (Rule 205), sources of fugitive particulate (Rule 203(f)), and particulate emissions from iron and steel sources (Rule 203(d)). (20) On December 20, 1979, the State submitted a letter containing the dates that most of the regulatory and nonregulatory portions of the nonattainment area plans were finally adopted by the Illinois Pollution Control Board. Rule 205 containing RACT controls for stationary sources of VOC was effective in the State on July 18, 1979. Rule 203(f) governing fugitive dust emissions was effective in the State on September 18, 1979. (21) On January 25, 1980, the State submitted a copy of finally enacted “Rules for the Issuance of Permits to New or Modified Air Pollution Sources Affecting Nonattainment Areas.” Sections 5.1(a)(2)(ii) and 5.1(a)(2)(iii) of these rules were reserved by the State. The effective date of these Rules was January 16, 1980. (22) On March 21, 1979, the State of Illinois submitted to the USEPA revised regulations for control of sulfur dioxide emissions. On September 19, 1979, the State submitted additional information on these revised regulations to the USEPA. (23) On January 17, 1980 and on February 7, 1980 the State submitted further information and clarifications to Rule 204. (24) On September 19, 1979, the State of Illinois submitted a revision to Rule 204(e)(1) for the Commonwealth Edison Company. The revision approves an emission limitation of 105,162 lbs SO2/hour for the Kincaid Generating Station in Christian County, Illinois. (25) On April 30, 1980, the State submitted revisions to the transportation control plan for northeast Illinois (Chicago). (26) On December 20, 1979, the State of Illinois submitted a revision to provide for modification of the existing air quality surveillance network. (27) On January 8, 1980, the State submitted an Opinion and Final Order of the Pollution Control Board (dated November 19, 1979) which deletes Rule 206(d) of Chapter 2 from the Illinois Air Pollution Control Regulations. (28) On September 18, 1979, the State submitted a Final Order of the Pollution Control Board (dated April 12, 1979) which amended Rule 205(g)(1) of Chapter 2 of the Illinois Air Pollution Control Regulations. (29) On July 21, 1981, the State submitted Volume 9 Lead, of the Illinois State Implementation Plan for Air Pollution Control for incorporation in the Illinois State Implementation Plan. This plan covers all areas in Illinois except for Granite City in the St. Louis Interstate AQCR. (30) On July 29, 1980, the State submitted a May 29, 1980, Opinion and Order of the Illinois Pollution Control Board granting a variance from the requirements Rule 203(d)(8)(B) of Chapter 2 of the Air Pollution Control Regulations to Continental Grain Company's grain elevator located in Crossville, White County, Illinois. This variance expired July 1, 1980. (31) On April 4, 1980, the State submitted a November 29, 1979, Opinion and Order of the Illinois Pollution Control Board (IPCB) and Supplementary IPCB Orders dated January 24, 1980, and February 7, 1980. These Orders grant 13 Caterpillar Tractor Company boilers a variance from the requirements of IPCB (A), Rule 203(g)(1)(C)(i) and/or Rule 203(g)(1)(D) which regulate particulate emissions from new and existing sources. No action is taken at this time on variance provisions for Mapleton facility boilers #2, 3, 4, and 5. This variance expired on October 8, 1981. (32) On August 31, 1981, the State of Illinois submitted a revision to the Illinois State Implementation Plan in the form of a July 9, 1981, Order of the Illinois Pollution Control Board (R–77–15). This Order creates Rule 204(c)(1)(E) which establishes sulfur dioxide (SO2 ) emission limitations of 5.5 lbs/SO/MMBTU for solid fuel combustion sources having actual heat input not greater than 250 million BTU's per hour owned or operated by Bemis Company, Inc., Celotex Corporation or Sherex Corporation. On November 17, 1981, the State submitted additional information in support of this revision. (33) On August 20, 1980, and March 20, 1981, the State submitted additional information on the transportation control plans for the Northeast Illinois (Chicago) Area. (34) On October 15, 1980, the State submitted additional information on the transportation control plans for the Peoria Metropolitan Area. (35) On April 1, 1981, the State submitted additional information on the transportation control plans for the St. Louis Metropolitan (Illinois) Area. (36) On December 10, 1980, the State submitted a July 24, 1980, Opinion and Order of the Illinois Pollution Control Board and a September 18, 1980, Order of the Board granting Bunge Corporation's Cairo, Illinois soybean processing plant and grain elevator variance from Illinois Pollution Control Board's particulate emission standards under Rules 203(g)(1)(D) and 103(b)(1) of Chapter 2 of the Air Pollution Control Regulations through October 15, 1981. (37) On July 17, 1980, the State submitted an April 3, 1980, Opinion and Order of the Illinois Pollution Control Board adopting a December 13, 1979, Proposed Opinion and Order of the Board which exempted certain small explosive waste incinerators from the requirements of Rule 203(e) Particulate Emission Standards and Limitations for incinerators and Rule 206(b) Carbon Monoxide Emissions Standards and Limitations for incinerators. (38) On May 10, 1982, the State submitted a February 4, 1982, Illinois Pollution Control Board Opinion and Order (PCB 81–184) granting a variance from the requirements of Rules 205(m)(1)(B) and 204(n)(1)(G) of Chapter 2 of the Air Pollution Control Regulations to the Lyon Metal Products, Incorporated, Montgomery, Illinois facility. This variance expires on May 31, 1985. (39) On October 1, 1981, the State submitted a report in satisfaction of the Total Suspended Particulate Control Strategy approval condition in which the State agreed to conduct an analysis of the potential air quality impact from storage piles with uncontrolled emissions of less than 50 tons per year, to submit the results of any analysis to EPA, to submit any necessary regulations to the Illinois Pollution Control Board, and promulgate and submit any necessary regulations to EPA. This report concluded that no further regulations were needed. (40) EPA Study Volatile Organic Compound Emissions from Solvent Cleaning Operations in the State of Illinois (EPA 905/4–80–008) was prepared to satisfy the Ozone Control Strategy approval condition in which the State agreed to conduct a study to demonstrate that the three pound per hour, 15 pound per day exemption for solvent metal cleaners contained in Rule 205(k) represents RACT, to submit the results of the study to EPA, to submit the necessary regulations to the Illinois Pollution Control Board and promulgate and submit any necessary regulations to EPA. The State reviewed this report and in a February 11, 1981, letter to EPA noted their agreement with the findings of the report and indicated that because there was no need for further regulations, this condition is satisfied. (41) On December 7, 1981, the State submitted a October 8, 1981, Illinois Pollution Control Board Final Order (R79–11). This Final Order amends Rule 203(g)(1) by adding subsection (E). (42) On January 4, 1983, the State submitted a revision to the Illinois State Implementation Plan in the form of an October 27, 1982, Illinois Pollution Control Board (IPCB) Opinion and Order (PCB 82–88). This Opinion and Order grants a variance from the requirements of Rule 203(a) of Chapter 2 of the Air Pollution Control Regulations to a proposed fluidized bed combustion boiler at B.F. Goodrich's Henry County, Illinois facility. This variance continues until October 1, 1987, or until the facility is no longer subject to Rule 206(a), whichever comes first. (43) On July 29, 1982, the State submitted a revision to the Illinois State Implementation Plan in the form of a May 28, 1981, Illinois Pollution Control Board (IPCB) Final Opinion of the Board (R78–17). This Final Opinion deletes Rule 204(c)(1)(D) and the reference to it in Rule 204(h) from the IPCB Air Pollution Control Regulations. (44) On March 17, 1983, the Illinois Environmental Protection Agency (IEPA) submitted a revision to its ozone SIP for Chrysler's Belvidere facility. The revision request contains an alternative compliance time schedule with interim emission limitations which is in the form of a variance for prime coating and prime surface coating operations. Final compliance is changed from December 31, 1982 to December 31, 1987. (45) On August 19, 1983, the State of Illinois submitted a revision to the Illinois State Implementation Plan in the form of a July 26, 1983, Order of the Illinois Pollution Control Board (R82–12). This Order creates Rule 313 which establishes 1.5 micrograms per cubic meter, maximum arithmetic mean, averaged over a calendar quarter as the State's ambient air quality standard for lead. The Board also adopted, as part of Rule 313, a measurement method for determining compliance with the standard. (46) On August 15, 1983, the Illinois Environmental Protection Agency submitted a May 19, 1983, Opinion and Order (PCB–82–147) of the Illinois Pollution Control Board (IPCB) granting Del Monte Corporation's Can Manufacturing Plant No. 115 located in Rochelle, Ogle County, Illinois, a variance from the IPCB volatile organic compound emission standards under Rule 205(n)(1)(B)(i) and Rule 205(n)(1)(B)(vi) of Chapter 2: Air Pollution Regulations. The variance expires on December 31, 1984. (47) On March 24, 1983, and May 3, 1983, the State submitted information that indicated that a February 21, 1980 (45 FR 11472), conditional approval of the incorporation of a revised Part D sulfur dioxide control strategy into the Illinois State Implementation Plan has been satisfied for Cincinnati, Pekin and Elm Grove Townships in Tazewell County and for Logan and Limestone Townships in Peoria County. This approval condition required that the SIP include a reanalysis of the Pekin, Illinois area; a submittal of the analysis results to USEPA; the proposal of any necessary regulations to the Illinois Pollution Control Board necessary to insure attainment and maintenance of the sulfur dioxide standard; and the promulgation of any necessary regulations. Any promulgated regulations must be submitted to USEPA. (48)–(49) [Reserved] (50) On May 3, 1983, the State requested that USEPA incorporate IPCB Rule 204 (f)(2) into the Illinois SIP. Rule 204(f)(2) was adopted by Illinois as part of a February 24, 1983, Order of the Board (R80–22). USEPA approves the incorporation of Rule 204(f)(2) as it pertains to Pekin Energy, a source in the Peoria major metropolitan area. (51) On January 30, 1984, the State submitted Rule 204(f) as contained in a February 24, 1983, Order of the IPCB (R80–22) as it applies to sources in the Peoria Major Metropolitan area for incorporation in the SIP. USEPA approves the incorporation of Rule 204(f) into the SIP as it applies to all sources in Peoria and Tazewell Counties except Caterpillar Tractor Mapleton and East Peoria Plants. No action is taken on Rule 204(f) as it applies to the Chicago or St. Louis (Illinois—portion) Major Metropolitan Areas or on Rule 204(f) (1) and (2). (52) [Reserved] (53) On September 30, 1983, the State submitted a revision to the Illinois State Implementation Plan in the form of a lead plan to assure attainment and maintenance of the NAAQS in the Granite City area. The Illinois plan includes a discussion of air quality data measured since 1978, an emission inventory of three source categories capable of emitting lead, atmospheric modeling analyses and proposed necessary control strategies. On March 19, 1984, the State submitted five consent decrees entered by the State of Illinois with the Circuit Court for the Third Judicial Circuit of Madison County and filed March 16, 1984, for incorporation in the lead plan. These include People of the State of Illinois vs. Taracorp, Inc.; People of the State of Illinois vs. St. Louis Lead Recyclers; People of the State of Illinois vs. First Granite City National Bank; People of the State of Illinois, vs. Stackorp Inc.; and People of the State of Illinois vs. B.V. and G.V. Transport Company. (54) [Reserved] (55) On November 14, 1985, the State of Illinois submitted a negative declaration for natural gas/gasoline processing plants. (i) Incorporation by reference. (A) Letter dated November 14, 1985, from Michael J. Hayes, Manager, Division of Air Pollution Control, Illinois Environmental Protection Agency. (56) On June 19, 1984, the State submitted Illinois Environmental Protection Agency Rule 252 entitled, “Rules for Governing Public Participation in the Air Pollution Permit Program for Major Source in Nonattainment Areas.” (i) Incorporation by reference. (A) Illinois Environmental Protection Agency Rule 252 entitled, “Rule for Governing Public Participation in the Air Pollution Permit Program for Major Sources in Nonattainment Areas,” published on June 8, 1984. (57)–(60) [Reserved] (61) On March 15, 1984 and June 14, 1984 the Illinois Environmental Protection Agency submitted commitments for satisfying several outstanding conditions to the sulfur dioxide [52.724(a)(1)] State Implementation Plan. (62) On January 16, 1985, the Illinois Environmental Protection Agency submitted a variance from Illinois Rule 206(a). (i) Incorporation by reference. (A) June 14, 1984, Opinion and Order of the Illinois Pollution Control Board (IPCB), PCB 84–19. This is a variance from Illinois Rule 206(a) until June 14, 1987, for CO emissions from a fluidized bed combustion boiler at Midwest Solvents Company's facility in Tazewell County, Illinois. (63) On February 6, 1985, the Illinois Environmental Protection Agency (IEPA) submitted a site-specific revision to its total suspended particulates State Implementation Plan for Villa Grove's “Dump and Boot Pit” emissions in Champaign County, Illinois. (i) Incorporation by reference. (A) Illinois Pollution Control Board, Opinion and Order of the Board, PCB 84–53, Villa Grove's “Dump and Boot Pit” site-specific TSP revision. This revision extends the compliance date for control requirements on these emissions until September 1, 1987, and was adopted on July 14, 1984. (64) On May 13, 1985, the Illinois Environmental Protection Agency (IEPA) submitted a variance from Illinois Rule 202(b) for a Brule pathological waste incinerator (BPWI) at NPWC's facility located at the Great Lakes Naval Base, Great Lakes, Shields Township, Illinois, as a revision to its TSP SIP. Shields Township is an attainment area for both the primary and secondary national ambient air quality standards (NAAQS) for TSP. (i) Incorporation by reference. (A) Opinion and Order of the Illinois Pollution Control Board 84–156 adopted on March 22, 1985. (65) Submitted from the Illinois Environmental Protection Agency (IEPA) dated July 22, 1985, requesting an extended compliance schedule for Precision Coatings Incorporated (PCI) coating Machine Number 2. (i) Incorporation by reference. (A) Illinois Pollution Control Board Opinion and Order of the Board, PCB 84–117, which was adopted on February 20, 1985, and a modification to PCB 84–117 which was adopted on April 14, 1985. (66) On March 27, 1985, the Illinois Environmental Protection Agency (IEPA) submitted a site-specific revision to its Carbon Monoxide State Implementation Plan for Anderson Clayton Foods, Inc. (ACF), a variance from 35 Illinois Administrative Code (IAC) 216.121 which governs Carbon Monoxide emissions from the Fluidized Bed Combuster retrofitted boiler at ACF's Jacksonville, Illinois facility. IAC 216.121 was incorporated in the Illinois SIP on May 31, 1972 (37 FR 10862), as Illinois Pollution Control Board Rule 206(a). (i) Incorporation by reference. (A) Illinois Pollution Control Board Opinion and Order of the Board, PCB 84–147, which was adopted on January 24, 1985. (67) On April 18, 1983, the State of Illinois submitted a 0.60 lb TSP/MMBTU emission limit for the City of Rochelle Municipal Steam Power Plant. On May 24, 1985, it submitted a revised modeling analysis. (i) Incorporation by reference. Illinois Pollution Control Board Order (R78–15), Rule 203(g)(1)(C)(iii) which is dated February 24, 1983. (68) On May 8, 1985, the Illinois Environmental Protection Agency submitted a variance until December 31, 1987, from Illinois Rule 205(n)(1)(b)(v) and Rule 205(n)(1)(b)(vi), for American Can Corporation's Hoopeston, Illinois facility in the form of a January 24, 1985, Opinion and Order of the Illinois Pollution Control Board (PCB 84–106). (i) Incorporation by reference. (A) A January 24, 1985, Opinion and Order of the Illinois Pollution Control Board (ICPB), PCB 84–106. This is a variance until December 31, 1987, for the coating reformulation programs at American Can Corporation's Hoopeston facility located in Hoopeston, Illinois. (69) On January 28, 1983, the Illinois Environmental Protection Agency submitted a December 30, 1982, Illinois Pollution Control Board Order (R80–5). Illinois Pollution Control Board Rules 205(l) (4) through (10), 205(t) and 205(u) are approved. (i) Incorporation by reference. (A) Ilinois Pollution Control Board Rules 205(l)(4) through (10), 205(t) and 205(u) as contained in December 30, 1982, Illinois Pollution Control Board Order R80–5. (ii) Additional material. None. (70) On February 13, 1986, the Illinois Environmental Protection Agency (IEPA) submitted a revision to its ozone SIP for the Fedders-USA's facility located in Effingham, Effingham County, Illinois. It grants Fedders-USA a compliance date extension for control requirements from October 1, 1982, to April 1, 1986, and provides for a legally enforceable compliance program. (i) Incorporation by reference. (A) A January 9, 1986, Opinion and Order of the Illinois Pollution Control Board (IPCB), PCB 83–47. (71) On October 20, 1983, the Illinois Environmental Protection Agency submitted a site-specific revision to Illinois' sulfur dioxide plan for Illinois Power Company's Baldwin Power Station. The revised SO2 emission limitations are 101,966 lbs/hour, in the aggregate, and 6 lbs/MMBTU. (i) Incorporation by reference. (A) Emission limits within Paragraph 1 of Illinois Pollution Control Board Final Order PCB 79–7, which was adopted September 8, 1983. (72) [Reserved] (73) On May 6, 1985, the Illinois Environmental Protection Agency, requested an extended compliance schedule for National Can Corporation's Rockford facility. (i) Incorporation by reference. (A) Illinois Pollution Control Board, April 1, 1982, Opinion and Order of the Board, PCB 81–189 and a January 24, 1985, Opinion and Order PCB 84–108. These orders grant National Can Corporation (Rockford Plant) a variance from the existing VOC SIP requirements from December 31, 1982, until December 31, 1983, and from December 31, 1983, until December 31, 1985, respectively. (74) On October 30, 1986, the Illinois Environmental Protection Agency submitted a September 25, 1986, Final Order of the Illinois Pollution Control Board R85–33 revises the State's coke oven pushing and charging rules and recodifies some related rules. (i) Incorporation by reference. (A) Order of the Illinois Pollution Control Board R85–33, which was adopted September 25, 1986. (75)–(77) [Reserved] (78) On January 28, 1983, June 25, 1987, August 21, 1987, September 28, 1987, October 2, 1987, December 22, 1987, January 8, 1988, March 29, 1988, and May 2, 1988 the State submitted stationary source control measures for incorporation in the ozone plan. (i) Incorporation by reference. (A) The following sections of title 35, Environmental Protection; subtitle B: Air Pollution; Chapter 1: Pollution Control Board of the Illinois Administrative Code, (June 1989): section 211.122 (definitions of bead-dipping; component; dry cleaning facility; external floating roof; gas service; green tire spraying; green tires; heavy liquid; liquid mounted seal; liquid service; pneumatic rubber tire manufacture; refinery unit, process unit, or unit; tread end cementing; undertread cementing; valves not externally regulated; vapor collection system; vapor mounted primary seal; volatile organic liquid; and volatile organic material) of subpart B (part 211); section 215.104 (definitions of continuous process; in vacuum service; material recovery section; open-ended valve; polystyrene plant; polystyrene resin; repaired; styrene devolatilizer unit; and styrene recovery unit) of subpart A (part 215); sections 215.124, 215.125, and 215.126 of subpart B (part 215); section 215.205 of subpart F (part 215); sections 215.240, 215.241, and 215.249 of subpart H (part 215); section 215.408 of subpart P (part 215); sections 215.420 through 215.431, 215.433, 215.434, 215.435, 215.437, and 215.438, all of subpart Q (part 215); section 215.453 of subpart R (part 215); sections 215.465 and 215.466 of subpart S (part 215); sections 215.520, 215.521, 215.525, 215.526, and 215.527 all of subpart V (part 215); sections 215.582, 215,583, and 215.584 of subpart Y (part 215); sections 215.607 through 215.613 of subpart Z (part 215); and sections 215.875, 215.877, 215.879, 215.881, 215.883, and 215.886 all of subpart BB (part 215) are approved. (ii) Additional material. (79) On March 20, 1986, November 17, 1986, and July 1, 1987, Illinois submitted its vehicle inspection and maintenance plan for the Chicago and East St. Louis areas. (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter II: Environmental Protection Agency, Part 276, Procedures To Be Followed in the Performance of Annual Inspections of Motor Vehicle Exhaust Emissions, Adopted at 10 Illinois Register 13954, effective August 13, 1986. (ii) Additional material. (A) “Technical Procedures Memorandum—Enforcement” between the Illinois Secretary of State and the Illinois Environmental Protection Agency, as submitted by Michael J. Hayes, Manager, Division of Air Pollution Control on July 1, 1987. (80) [Reserved] (81) On April 6, 1990, and May 4, 1990, Illinois submitted a regulation which reduced the maximum allowable volatility for gasoline sold in Illinois during July and August 1990 to 9.5 pounds per square inch. (i) Incorporation by reference. (A) Title 35: Environmental protection, Subtitle B: Air pollution, Chapter I: Pollution control board, Part 215, Organic material emission standards and limitations, §215.585, Gasoline volatility standards, Adopted at 14 Illinois register 6434, effective April 11, 1990. (82)–(83) [Reserved] (84) On September 18, 1991, and November 18, 1991, the State submitted documents intended to satisfy federal requirements for an operating permit program which can issue federally enforceable operating permits. (i) Incorporation in reference. (A) Public Act 87–555, an Act to amend the Environmental Protection Act by changing section 9.1, effective September 17, 1991. (Ch. 111 1/2, par. 1009.1) par. 1009.1(a), (b), (c), (d) and (f). (85) On March 24, 1988, the State submitted rules for issuance of construction permits to new and modified air pollution sources located in or affecting nonattainment areas (New Source Review rules). (i) Incorporation by reference. (A) Illinois Administrative Code, Title 35 Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Part 203: Major Stationary Sources. (86) On February 8, 1991, the State submitted revisions to its sulfur dioxide measurement methodology. (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Part 214 Sulfur Limitations, Subpart A: General Provisions, section 214.101 Measurement Methods. Adopted December 20, 1990, effective January 15, 1991. (87) On March 13, 1985, the State submitted revisions to its sulfur dioxide limitations. (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Part 214 Sulfur Limitations, Subpart C: Existing Solid Fuel Combustion Emission Sources, Section 214.141 Sources Located in Metropolitan Areas, through paragraph (a) only, effective March 28, 1983; Subpart F: Alternative Standards for Sources Inside Metropolitan Areas, Section 214.201 Alternative Standards for Sources in Metropolitan Areas and Section 214.202 Dispersion Enhancement Techniques, effective March 28, 1983. (88) On June 9, 1986, the State submitted revisions to its sulfur dioxide limitations in the form of a April 24, 1986, opinion and order of the Illinois Pollution Board in proceeding R84–28. (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subtitle B: Air Pollution Chapter 1: Pollution Control Board Part 214 Sulfur Limitations, Subpart C: Existing Solid Fuel Combustion Emission Sources, §214.141 Sources Located in Metropolitan Areas, paragraphs b), c) and d), and Subpart X: Utilities, §214.560 Scope and §214.561 E.D. Edwards Electric Generating Station effective May 20, 1986. (89) On March 17, 1989, and August 28, 1990, the State of Illinois submitted a revision to the Illinois State Implementation Plan. The revision is contained in subpart J, §201.281 and subpart L, §§201.401-.408 of part 210 of title 35 of the Illinois Administrative Code. This revision provides a legally enforceable procedure for continuously monitoring and recording emissions to determine the status of compliance of certain stationary source categories and complies with 40 CFR 51.214 and part 51, appendix P. The rules were adopted by the Illinois Pollution Control Board on December 15, 1988, published (13 Ill. Reg. 2066) and became effective February 3, 1989. The rules were corrected for an omission, published on November 15, 1989, (13 Ill Reg. 19444), and became effective December 5, 1989. In a November 18, 1991, letter from Bharat Mathur, then Manager, Division of Air Pollution Control, Illinois Environmental Protection Agency (IEPA) to Stephen Rothblatt, Chief, Regulation Development Branch, Region 5, USEPA, Illinois committed to notify USEPA of any pending construction or operating permit application during the 30 day public comment period which is part of Illinois' permit issuance process (Section 203.150). This commitment is part of the administrative record of USEPA's approval of the Illinois' operating permit program for the purpose of issuing federally enforceable operating permits at 40 CFR 52.720 (c) (84) and 52.737 on December 17, 1992 (57 FR 59928). USEPA may deem a permit not federally enforceable if monitoring provisions do not comply with the requirements of 40 CFR 51.214, part 51, appendix P or §51.165. (i) Incorporation by reference. (A) Title 35: Environmental Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control Board; Subchapter a: Permits and General Provisions; Part 201: Permits and General Provisions, Subpart J: Monitoring and Testing, Section 201.281; and Subpart L: Continuous Monitoring, Sections 201.401 through 201.408, adopted at Ill. Reg. 2066, effective February 3, 1989. (90) On June 11, 1991, Illinois submitted regulations concerning the emission of volatile organic compounds from pharmaceutical manufacturing. (i) Incorporation by reference. (A) Title 35 of the Illinois Administrative Code: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Subchapter C: Emissions Standards and Limitations for Stationary Sources, Part 215: Organic Material Emission Standards and Limitations, Subpart T: Pharmaceutical Manufacturing, Subpart A: General Provisions: Amendments to sections 215.102 and 215.105 and Creation of section 215.108. Adopted at 15 Illinois Register 80 18, effective May 14, 1991. (B) Title 35 of the Illinois Administrative Code: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Subchapter C: Emissions Standards and Limitations for Stationary Sources, Part 211: Definitions and General Provisions, Subpart B: Definitions. Adopted at 15 Illinois Register 79 01, effective May 14, 1991. (91) [Reserved] (92) On June 4, 1992, the State submitted particulate matter regulations adopted as part of Pollution Control Board Proceeding R91–35. These regulations concern particulate matter ambient limits and episode regulations. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board (A) Part 212 Visible and Particulate Matter Emissions: Section 212.113 Incorporations by Reference; section 212.424 Fugitive Particulate Matter Control for the Portland Cement Manufacturing Plant and Associated Quarry Operations located in LaSalle County, South of the Illinois River; section 212.443 Coke Plants; section 212.445 Blast Furnace Cast Houses; adopted at 16 Illinois Register 8204, effective May 15, 1992. (B) Part 243 Air Quality Standards: Section 243.108 Incorporations by Reference; section 243.120 PM-10; section 243.121 Repealed; adopted at 16 Illinois Register 8185, effective May 15, 1992. (C) Part 244 Episodes: Section 244.101 Definitions; section 244.106 Monitoring; section 244.107 Determination of Areas Affected; section 244.121 Local Agency Responsibilities; section 244.161 Advisory Alert and Emergency Levels; section 244.162 Criteria for Declaring and Advisory; section 244.163 Criteria for Declaring a Yellow Alert; section 244.166 Criteria for Terminating Advisory, Alert and Emergency; section 244.167 Episode Stage Notification; section 244.168 Contents of Episode Stage Notification; section 244.169 Actions During Episode Stages Adopted; section 244 appendix D; adopted at 16 Illinois Register 8191, effective May 15, 1992. (93) On September 30, 1992, the State submitted rules regulating volatile organic compound emissions from gasoline dispensing facilities' motor vehicle fuel operations. (i) Incorporation by reference. (A) Illinois Administrative Code, title 35 Environmental Protection, subtitle B: Air Pollution, chapter I: Pollution Control Board part 218: Organic Material Emission Standards and Limitations for the Chicago Area; subpart Y: Gasoline Distribution; §218.583 Gasoline Dispensing Facilities—Storage Tank Filling Operations, amended at 16 Illinois Register 13864 effective August 24, 1992, and; §218.586 Gasoline Dispensing Facilities—Motor Vehicle Fueling Operations, added at 16 Illinois Register 13864, effective August 24, 1992. (B) [Reserved] (ii) Additional materials. (A) Stage II Vapor Recovery SIP Program Description dated September 29, 1992. (94) On July 30, 1986, the State submitted particulate boiler rules intended to replace rule 203(g)(1) which was vacated by the Courts. No action is taken on §212.209 because the variance which it authorized has expired. On July 22, 1988, the State submitted opacity rules intended to replace rule 202(b) which had been vacated by the Courts. Also on July 22, 1988, the State submitted Illinois Pollution Control Board procedural rules for considering Air Adjusted Standard Procedures. (i) Incorporation by reference. (A) Title 35: Environmental Protection, Illinois Administrative Code, Subtitle B: Air Pollution; Chapter 1: Pollution Control Board; part 212 Visible and Particulate Matter Emissions; subpart E: Particulate Matter Emission from Fuel Combustion Emission Sources; §§212.201, 212.202, 212.203 and 212.204. Amended or added at 10 Ill Reg. 12637, effective July 9, 1986. (B) Title 35: Environmental Protection, Illinois Administrative Code, Subtitle B: Air Pollution; Chapter 1: Pollution Control Board; part 212 Visible and Particulate Matter Emissions; subpart B: Visible Emissions. Amended or added at 12 Ill. Reg 12492, effective July 13, 1988. (C) Title 35: Environmental Protection, Illinois Administrative Code; Subtitle A: General Provisions; Chapter 1: Pollution Control Board; part 106: Hearings Pursuant to Specific Rules; subpart E: Air Adjusted Standards Procedures. Added at 12 Ill. Reg 12484, effective July 13, 1988. (95) On October 16, 1991, and November 13, 1991, the State submitted particulate matter regulations adopted as part of Pollution Control Board Proceeding R91–6. These regulations concern particulate matter controls for LaSalle County, Illinois. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board. (A) The addition of definitions for “Condensible PM–10”, “PM–10”, “Portland Cement Manufacturing Process Emission Source”, and the modification of the definition of “Portland Cement Process” to Part 211 Definitions and General Provisions: Section 211.122 Definitions; adopted at 15 Illinois Register 15673, effective October 14, 1991. (B) Part 212 Visible and Particulate Matter Emissions: Section 212.110 Measurement Methods; the addition of an abbreviation for pounds per hour to Section 212.111 Abbreviations and Units; additions and deletions to Section 212.113 Incorporations by Reference including the addition and/or renumbering of paragraphs (a), (b), (c), (d), (e), and (h) and the deletion of paragraphs earlier numbered as (a) and (f); Section 212.423 Emission Limits for Portland Cement the Manufacturing Plant Located in LaSalle County, South of the Illinois River; adopted at 15 Illinois Register 15708, effective October 4, 1991. (96) On November 12, 1992, the State of Illinois submitted a Small Business Stationary Source Technical and Environmental Assistance Program for incorporation in the Illinois State Implementation Plan as required by section 507 of the Clean Air Act Amendments of 1990. Included in the State's submittal were a program description, newly adopted enabling legislation including new subsection 20 of section 39.5 of the Environmental Protection Act, Public Act 87–1213, and new subsection 46.13(a) of the Civil Administrative Code, Public Act 87–1177, and a May 4, 1992, State of Illinois, Illinois Department of Commerce and Community Affairs (DCCA), Illinois Environmental Protection Agency (IEPA) Interagency Agreement defining the responsibilities of DCCA and IEPA in developing and implementing the Small Business Stationary Source Technical and Environmental Compliance Assistance Program (Program). (i) Incorporation by reference. (A) Subsection 20 of section 39.5 of the Environmental Protection Act adopted as Public Act 87–1213 signed into law on September 26, 1992, and effective upon signature. (B) Subsection 46.13(a) of the Civil Administrative Code adopted as Public Act 87–1177 signed into law on September 21, 1992, and effective upon signature. (ii) Other material. (A) Program description. (B) May 4, 1992, Interagency Agreement between DCCA and IEPA defining the responsibilities of each agency in developing and implementing the program. (97) On October 12, 1992, and June 2, 1993, the State of Illinois submitted a requested revision to the Illinois State Implementation Plan (SIP) intended to satisfy the requirements of section 182(a)(3)(B) of the Clean Air Act as amended in 1990. Included were State rules establishing procedures for the annual reporting of emissions of volatile organic material (VOM) and oxides of nitrogen (NOX) as well as other regulated air pollutants by stationary sources in ozone nonattainment areas. Also included was a June 2, 1993, commitment letter from the Illinois Environmental Protection Agency (IEPA) to fulfill the reporting requirements of the United States Environmental Protection Agency by performing the following tasks: (i) Update the AIRS Facility Subsystem using the annual emissions report data. The 1992 data will be updated by December 31, 1993, and subsequent updates will be made by July 1st of each year. (ii) Retain annual emissions reports for at least three (3) years. (iii) Develop and submit Emissions Statement Status Reports (ESSR) on a quarterly basis each year until all applicable sources have submitted the required annual emissions reports. The report will show the total number of facilities from which emission statement data was requested, the number of facilities that met the provisions, and the number of facilities that failed to meet the provisions. Sources that are delinquent in submitting their emissions statements will be individually listed if they emit 500 tons per year or more of VOM or 2500 tons per year or more of NOX. The report will also contain the emission data requested in Appendix F of the July 6, 1992, Draft Guidance on the Implementation of an Emission Statement Program. (iv) All sources subject to the emission statement requirements must report, at a minimum, the information specified under subpart C of part 254 of chapter II of subtitle B of title 35 of the Illinois Administrative Code. (A) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter II: Environmental Protection Agency, Part 254: Annual Emissions Report, adopted at 17 Illinois Register 7782, effective May 14, 1993. (B) Other material. June 2, 1993, commitment letter. (98) On July 21, 1986, the State a submitted revision to its particulate matter regulations to incorporate an emission limit for continuous automatic stoking animal pathological waste incinerators. (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Part 212 Visible and Particulate Matter Emissions, subpart D: Particulate Matter Emissions from Incinerators, section 212.185 Continuous Automatic Stoking Animal Pathological Waste Incinerators. Adopted December 18, 1986, added at 11 Ill. Reg. 1410, effective December 30, 1986. (99) On January 4, 1989, the State submitted revisions to its sulfur dioxide rules. (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 214 Sulfur Limitations, Subpart A: General Provisions, section 214.102 Abbreviations and Units. Amended at 12 Ill. Reg. 20778, effective December 5, 1988. (B) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 214 Sulfur Limitations, Subpart A: General Provisions, section 214.104 Incorporations by Reference. Amended at 15 Ill. Reg. 1017, effective January 15, 1991. (C) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 214 Sulfur Limitations, Subpart O: Petroleum Refining, Petrochemical and Chemical Manufacturing, section 214.382 Petroleum and Petrochemical Processes. Amended at 12 Ill. Reg. 20778, effective December 5, 1988. (100) On October 21, 1993, the State submitted definitions codified as part of the Illinois Administrative Code for incorporation in the Illinois State Implementation Plan. (i) Incorporation by reference. Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 211 Definitions and General Provisions, Subpart A: General Provisions: Sections 211.101 and 211.102, Subpart B: Definitions, Sections 211.121, 211.130, 211.150, 211.170, 211.210, 211.230, 211.250, 211.290, 211.310, 211.330, 211.350, 211.370, 211.390, 211.410, 211.430, 211.450, 211.470, 211.490, 211.510, 211.530, 211.550, 211.570, 211.590, 211.610, 211.630, 211.650, 211.670, 211.690, 211.710, 211.730, 211.750, 211.770, 211.790, 211.810, 211.830, 211.850, 211.870, 211.890, 211.910, 211.930, 211.950, 211.970, 211.990, 211.1010, 211.1050, 211.1090, 211.1110, 211.1130, 211.1150, 211.1170, 211.1190, 211.1210, 211.1230, 211.1250, 211.1270, 211.1290, 211.1310, 211.1330, 211.1350, 211.1370, 211.1390, 211.1410, 211.1430, 211.1470, 211.1490, 211.1510, 211.1530, 211.1550, 211.1570, 211.1590, 211.1610, 211.1630, 211.1650, 211.1670, 211.1690, 211.1710, 211.1730, 211.1750, 211.1770, 211.1790, 211.1810, 211.1830, 211.1850, 211.1870, 211.1890, 211.1910, 211.1930, 211.1950, 211.1970, 211.1990, 211.2010, 211.2050, 211.2070, 211.2090, 211.2110, 211.2130, 211.2150, 211.2170, 211.2190, 211.2210, 211.2230, 211.2250, 211.2270, 211.2310, 211.2330, 211.2350, 211.2370, 211.2390, 211.2410, 211.2430, 211.2450, 211.2470, 211.2490, 211.2510, 211.2530, 211.2550, 211.2570, 211.2590, 211.2650, 211.2670, 211.2690, 211.2710, 211.2730, 211.2750, 211.2770, 211.2790, 211.2810, 211.2830, 211.2850, 211.2870, 211.2890, 211.2910, 211.2930, 211.2950, 211.2970, 211.2990, 211.3010, 211.3030, 211.3050, 211.3070, 211.3090, 211.3110, 211.3130, 211.3150, 211.3170, 211.3190, 211.3210, 211.3230, 211.3250, 211.3270, 211.3290, 211.3310, 211.3330, 211.3350, 211.3370, 211.3390, 211.3410, 211.3430, 211.3450, 211.3470, 211.3490, 211.3510, 211.3530, 211.3550, 211.3570, 211.3590, 211.3610, 211.3630, 211.3650, 211.3670, 211.3690, 211.3710, 211.3730, 211.3750, 211.3770, 211.3790, 211.3810, 211.3830, 211.3850, 211.3870, 211.3890, 211.3910, 211.3930, 211.3970, 211.3990, 211.4010, 211.4030, 211.4050, 211.4070, 211.4090, 211.4110, 211.4130, 211.4150, 211.4170, 211.4190, 211.4210, 211.4230, 211.4250, 211.4270, 211.4290, 211.4310, 211.4330, 211.4350, 211.4370, 211.4390, 211.4410, 211.4430, 211.4450, 211.4470, 211.4490, 211.4510, 211.4530, 211.4550, 211.4590, 211.4610, 211.4630, 211.4650, 211.4670, 211.4690, 211.4710, 211.4730, 211.4750, 211.4770, 211.4790, 211.4810, 211.4870, 211.4890, 211.4910, 211.4930, 211.4950, 211.4990, 211.5030, 211.5050, 211.5070, 211.5090, 211.5110, 211.5130, 211.5150, 211.5170, 211.5185, 211.5190, 211.5210, 211.5230, 211.5250, 211.5270, 211.5310, 211.5330, 211.5350, 211.5370, 211.5410, 211.5430, 211.5450, 211.5470, 211.5490, 211.5510, 211.5550, 211.5570, 211.5590, 211.5610, 211.5630, 211.5650, 211.5670, 211.5690, 211.5710, 211.5730, 211.5750, 211.5770, 211.5790, 211.5810, 211.5830, 211.5850, 211.5870, 211.5890, 211.5910, 211.5930, 211.5950, 211.5970, 211.5990, 211.6010, 211.6030, 211.6050, 211.6070, 211.6090, 211.6130, 211.6150, 211.6190, 211.6210, 211.6230, 211.6270, 211.6290, 211.6310, 211.6330, 211.6350, 211.6370, 211.6390, 211.6410, 211.6430, 211.6450, 211.6470, 211.6490, 211.6510, 211.6530, 211.6550, 211.6570, 211.6590, 211.6610, 211.6670, 211.6690, 211.6730, 211.6750, 211.6770, 211.6790, 211.6810, 211.6850, 211.6870, 211.6890, 211.6910, 211.6930, 211.6950, 211.6970, 211.6990, 211.7010, 211.7030, 211.7070, 211.7090, 211.7110, 211.7130, 211.7150, 211.7170, 211.7190, 211.7210, 211.7230, 211.7250, 211.7270, 211.7290, 211.7310, 211.7330, 211.7350. These section were added at 17 Ill. Reg. 16504, effective September 27, 1993. (101) On October 21, 1993, the state submitted volatile organic compound (VOC) control regulations for incorporation in the Illinois State Implementation for ozone. (i) Incorporation by reference. (A) Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 218: Organic Material Emission Standards and Limitations for the Chicago Area Subparts A, B, C, E, F, G, H, Q, R, S, T, V, W, X, Y, Z, AA, BB, and Section 218. Appendix A, B, C, and D. These regulations were adopted at R91–7 at 15 Ill. Reg. 12231, effective August 16, 1991; amended in R91–23 at Ill. Reg. 13564, effective August 24, 1992; amended in R91–28 and R91–30 at 16 Ill. Reg. 13864, effective August 24, 1992; amended in R93–9 at 17 Ill. Reg. 16636, effective September 27, 1993. The specific adoption and effective dates of the rules incorporated by reference follow. (1) Adopted at R91–7 at 15 Ill. Reg. 12231, effective August 16, 1991. Subpart A 218.108; Subpart C: 218.142; Subpart R: 218.442, 218.444, 218.448, 218.451; Subpart T: 218.484, 218.488; Subpart V: 218.526; Subpart X: 218.561, 218.563; Subpart Z: 218.607; Subpart AA: 218.625, 218.626 and 218.630. (2) Amended in R93–9 at 17 Ill. Reg. 16636, effective September 27, 1993. Subpart A: 218.100, 218.101, 218.102, 218.103, 218.104, 218.105, 218.106, 218.107, 218.109, 218.110, 218.111, 218.112; Subpart B: 218.121, 218.122, 218.123, 218.124; Subpart C: 218.141, 218.143, 218.144; Subpart E: 218.181, 218.182, 218.183, 218.184, 218.186; Subpart F: 218.204, 218.205, 218.206, 218.207, 218.208, 218.209, 218.210, 218.211; Subpart G: 218.301, 218.302, 218.303, 218.304; Subpart H: 218.401, 218.402, 218.403, 218.404, 218.405; Subpart Q: 218.421, 218.422, 218.423, 218.424, 218.425, 218.426, 218.427, 218.428, 218.429; Subpart R: 218.441, 218.443, 218.445, 218.446, 218.447, 218.449, 218.450, 218.452; Subpart S: 218.461, 218.462, 218.463, 218.464; Subpart T: 218.480, 218.481, 218.482, 218.483, 218.485, 218.486, 218.487, 218.489; Subpart V: 218.525; Subpart W: 218.541; Subpart X: 218.562; Subpart Y: 218.581, 218.582, 218.583, 218.584, 218.585, 218.586; Subpart Z: 218.601, 218.602, 218.603, 218.608, 218.609, 218.610, 218.611; Subpart AA: 218.620, 218.621, 218.623, 218.624, 218.628, 218.636, 218.637; Subpart BB: 218.640, 218.642, 218.644, Section 218: Appendix A, Appendix B, Appendix C, Appendix D. (B) Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 219: Organic Material Emission Standards and Limitations for Metro East Area Subparts A, B, C, E, F, G, H, Q, R, S, T, V, W, X, Y, Z, AA, BB and Section 219 Appendix A, B, C, and D. These regulations were adopted at R91–8 at Ill. Reg. 12491, effective August 16, 1991; amended in R91–24 at 16 Ill. Reg. 13597, effective August 24, 1992; amended in R91–30 at 16 Ill. Reg. 13833, effective August 24, 1992, emergency amendment in R93–12 at Ill. Reg. 8295, effective May 24, 1993, for a maximum of 150 days, amended in R93–9 at 17 Ill. Reg. 16918, effective September 27, 1993 and October 21, 1993. The specific adoption and effective dates of the rules incorporated by reference follow. (1) Adopted at R91–8 at 15 Ill. Reg. 12491, effective August 16, 1991: Subpart A: 219.103, 219.108; Subpart C: 219.142; Subpart R: 219.442, 219.444, 219.448, 219.451; Subpart T: 219.484, 219.488; Subpart V: 219.526; Subpart X: 219.561, 219.563; Subpart Z: 219.607; Subpart AA: 219.625, 219.626, 219.630. (2) Amended in R93–9 at 17 Ill. Reg. 16918, effective September 27, 1993: Subpart A: 219.100, 219.101, 219.102, 219.104, 219.105, 219.106, 219.107, 219.109, 219.110, 219.111, 219.112; Subpart B: 219.121, 219.122, 219.123, 219.124; Subpart C: 219.141, 219.143, 219.144; Subpart E: 219.181, 219.182, 219.183, 219.184, 219.186; Subpart F: 219.204, 219.205, 219.206, 219.207, 219.208, 219.209, 219.210, 219.211; Subpart G: 219.301, 219.302, 219.303, 219.304; Subpart H: 219.401, 219.402, 219.403, 219.404, 219.405; Subpart Q: 219.421, 219.422, 219.423, 219.424, 219.425, 219.426, 219.427, 219.428, 219.429; Subpart R: 219.441, 219.443, 219.445, 219.446, 219.447, 219.449, 219.450, 219.452; Subpart S: 219.461, 219.462, 219.463, 219.464; Subpart T: 219.480, 219.481, 219.482, 219.483, 219.485, 219.486, 219.487, 219.489; Subpart V: 219.525; Subpart W: 219.541; Subpart X: 219.562; Subpart Y: 219.581, 219.582, 219.583, 219.584, 219.585, 219.586; Subpart Z: 219.601, 219.602, 219.603, 219.608, 219.609, 219.610, 219.611; Subpart AA: 219.620, 219.621, 219.623, 219.624, 219.628, 219.636, 219.637; Subpart BB: 219.640, 219.642, 219.644; Section 219: Appendix A, Appendix B, Appendix C, Appendix D. (102) On October 21, 1993 and March 4, 1994, the State submitted volatile organic compound control regulations for incorporation in the Illinois State Implementation Plan for ozone. (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 211: Definitions and General Provisions, Subpart B: Definitions, Sections 211.270, 211.1070, 211.2030, 211.2610, 211.3950, 211.4050, 211.4830, 211.4850, 211.4970, 211.5390, 211.5530, 211.6110, 211.6170, 211.6250, 211.6630, 211.6650, 211.6710, 211.6830, 211.7050. These sections were adopted on January 6, 1994, Amended at 18 Ill. Reg. 1253, and effective January 18, 1994. (B) Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 218: Organic Material Emissions Standards and Limitations for the Chicago Area, Subpart PP: 218.927, 218.928; Subpart QQ: 218.947, 218.948; Subpart RR: 218.967, 218.968; Subpart TT: 218.987, 218.988; Subpart UU: 218.990. These sections were adopted on September 9, 1993, Amended at 17 Ill. Reg. 16636, effective September 27, 1993. (C) Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 218: Organic Material Emissions Standards and Limitations for the Chicago Area, Subpart A: 218.106, 218.108, 218.112, 218.114; Subpart H: 218.402; Subpart Z: 218.602, 218.611; Subpart AA: 218.620, 218.623 (repealed); Subpart CC; Subpart DD; Subpart PP: 218.920, 218.926; Subpart QQ: 218.940, 218.946; Subpart RR: 218.960, 218.966; Subpart TT: 218.980, 218.986; Subpart UU: 218.991. These sections were adopted on January 6, 1994, Amended at 18 Ill. Reg. 1945, effective January 24, 1994. (103) On February 11, 1993, Illinois submitted a site specific revision to its carbon monoxide State Implementation Plan for a General Motors Corporation iron foundry located adjacent to Interstate 74 at G Street in Vermilion County, Illinois. (i) Incorporation by reference. (A) Illinois Administrative Code; Title 35 Environmental Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control Board; Subchapter C: Emission Standards and Limitations for Stationary Sources; P 216: Carbon Monoxide Emissions; Subpart O: Primary and Fabricated Metal Products; Section 216.382 Exception, General Motors Ferris Foundry in Vermilion County. Added at 16 Illinois Register 18075, effective November 13, 1992. (104) [Reserved] (105) On February 7, 1994, the State submitted revisions intended to create a permit program for small sources. The purpose of these revisions is to lessen the permitting burden on small sources and the permitting authority by reducing the frequency and/or the requirement of operating permit renewal for sources emitting a total of less than 25 tons per year of regulated air pollutants. A permit obtained through these procedures is intended to continue as a legally binding State document until the source modifies its operations, withdraws its permit or becomes subject to a new applicable requirement. At that time, the State will determine whether the small source procedures continue to be appropriate and issue a revised small source permit or direct the source in following the correct permit procedures. Since small source permits are not subject to a public comment period or review by USEPA, they are not federally enforceable and cannot be used to limit sources' potential to emit and thereby exempt them from the requirements of the title v operating permit program. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board. (A) Subchapter a: Permits and General Provisions, Part 201: Permits and General Provisions. (1) Subpart D: Permit Applications and Review Process, Section 201.162 Duration and Section 201.163 Joint Construction and Operating Permits. Amended at 17 Ill. Reg., effective December 7, 1993. (2) Subpart E: Special Provisions for Operating Permits for Certain Smaller Sources, Section 201.180 Applicability, Section 201.181 Expiration and Renewal and Section 201.187 Requirement for a Revised Permit Added at 17 Ill. Reg., effective December 7, 1993. (B) Subchapter C: Emission Standards and Limitations for Stationary Sources, Part 211: Definitions and General Provisions, Subpart B: Definitions, Section 211.5500 Regulated Air Pollutant. Adopted at 17 Ill. Reg., effective December 7, 1993. (106) On November 23, 1994, the State submitted amended marine vessel loading rules which consisted of revised definitions, and revisions to the Ozone Control Plan for the Chicago and Metro-East St. Louis areas. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 211: Definitions and General Provisions, Subpart B: Definitions, Sections 211.3480 Loading Event and 211.3660 Marine Vessel added at 18 Ill. Reg. 166769, effective October 25, 1994; Sections 211.3650 Marine Terminal, and 211.6970 Vapor Collection System, and Section 211.6990 Vapor Control System amended at 18 Ill. Reg. 16769, effective October 25, 1994. (B) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart A; General Provisions, Sections 218.101 Savings Clause and 218.106 Compliance Dates amended at 18 Ill. Reg. 16392, effective October 25, 1994; Subpart GG: Marine Terminals, Sections 218.760 Applicability, 218.762 Control Requirements, 218.764 Compliance Certification, 218.766 Leaks, 218.768 Testing and Monitoring, and 218.770 Recordkeeping and Reporting added at 18 Ill. Reg. 16392, effective October 25, 1994; Appendix E: List of Affected Marine Terminals amended at 18 Ill. Reg. 16392, effective October 25, 1994. (C) Part 219: Organic Material Emissions Standards and Limitations for the Metro-East Area, Subpart A; General Provisions, Sections 219.101 Savings Clause and 219.106 Compliance Dates amended at 18 Ill. Reg. 16415, effective October 25, 1994; Subpart GG: Marine Terminals, Sections 219.760 Applicability, 219.762 Control Requirements, 219.764 Compliance Certification, 219.766 Leaks, 219.768 Testing and Monitoring, and 219.770 Recordkeeping and Reporting added at 18 Ill. Reg. 16415, effective October 25, 1994. (D) Part 219: Organic Material Emissions Standards and Limitations for the Metro-East Area, Appendix E: List of affected Marine Terminals amended at 20 Ill. Reg. 3848. Effective February 15, 1996. (107) On October 25, 1994, Illinois submitted a regulation which requires gasoline dispensing operations in the Chicago and Metro-East St. Louis ozone nonattainment areas that have storage tanks of at least 575 gallons to install pressure/vacuum relief valves on storage tank vent pipes. Tanks installed before January 1, 1979, are exempt from the rule if they have a capacity of less than 2000 gallons, as are tanks that are equipped with floating roofs or equivalent control devices that have been approved by the State and USEPA. (i) Incorporation by reference. Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 201 Permits and General Provisions, Section 201.302 Reports. Amended at 18 Ill. Reg. 15002. Effective September 21, 1994. (B) Part 211 Definitions and General Provisions, Section 211.5060 Pressure/Vacuum Relief Valve. Added at 18 Ill. Reg. 14962. Effective September 21, 1994. (C) Part 218 Organic Material Emission Standards and Limitations for Chicago Area, Section 218.583 Gasoline Dispensing Operations-Storage Tank Filling Operations. Amended at 18 Ill. Reg. 14973. Effective September 21, 1994. (D) Part 219 Organic Material Emission Standards and Limitations for Metro East Area, Section 219.583 Gasoline Dispensing Operations-Storage Tank Filling Operations. Amended at 18 Ill. Reg. 14987. Effective September 21, 1994. (108) On January 25, 1994, the State submitted a revision to its ozone State Implementation Plan (SIP) for Quantum Chemical Corporation's facility located in Morris, Aux Sable Township, Grundy County, Illinois. It grants an adjusted standard from Parts 35 Illinois Administration Code (IAC) 218.966 and 218.986 as they apply to specific units or plants within this facility. (i) Incorporation by reference. (A) Illinois Pollution Control Board Final Opinion and Order, AS 92–14, adopted on October 7, 1993, and effective on October 7, 1993. (109) On October 25, 1994, Illinois submitted a regulation that reduces the maximum allowable volatility for gasoline sold in the Metro-East St. Louis ozone nonattainment area, which includes Madison, Monroe, and St. Clair Counties, to 7.2 pounds per square inch Reid Vapor Pressure (RVP) during the summer control period. On May 14, 1996, Illinois submitted an amendment to its RVP rule which changes the summer regulatory control period of the program. The summer control period for the Illinois RVP program is June 1 to September 15. (i) Incorporation by reference. Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 219 Organic Material Emission Standards and Limitations for Metro East Area. (A) Section 219.112 Incorporation by Reference. Amended at 18 Ill. Reg. 14987. Effective September 21, 1994. (B) [Reserved] (C) Section 219.585 Gasoline Volatility Standards. Amended at 20 Ill. Reg. 3848: Effective February 15, 1996. (110) On September 26, 1994, the State of Illinois submitted a revision to its ozone State Implementation Plan for the J. M. Sweeney Company located in Cicero, Cook County, Illinois. It grants a compliance date extension from Stage II vapor control requirements (35 Ill. Adm. Code 218.586) from November 1, 1993, to March 31, 1995. (i) Incorporation by reference. (A) Illinois Pollution Control Board Final Opinion and Order, PCB 93–257, adopted on September 1, 1994, and effective on September 1, 1994. Certification dated 9/23/94 of Acceptance by J. M. Sweeney. (111) On July 29, 1994, Illinois submitted regulations which require adoption and implementation of particulate matter contingency measures for Illinois' four moderate particulate matter nonattainment areas. Sources in the nonattainment areas which emit at least 15 tons of particulate matter must submit two levels of contingency measures, which will then become Federally enforceable. Sources will be required to implement the contingency measures if an exceedance of the National Ambient Air Quality Standard for Particulate Matter is measured, or if the United States Environmental Protection Agency finds that an area has failed to attain the National Ambient Air Quality Standards. (i) Incorporation by reference. Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board; (A) Part 106 Hearings Pursuant to Specific Rules, Section 106.930—Applicability, Section 106.931—Petition for Review, Section 106.932—Response and Reply, Section 106.933—Notice and Hearing, Section 106.934—Opinion and Order. Amended at 18 Ill. Reg. 11579–11586. Effective July 11, 1994. (B) Part 212 Visible and Particulate Matter Emissions, Section 212.700—Applicability, Section 212.701—Contingency Measure Plans, Submittal and Compliance Date, Section 212.702—Determination of Contributing Sources, Section 212.703—Contingency Measure Plan Elements, Section 212.704—Implementation, Section 212.705—Alternative Implementation. Added at 18 Ill. Reg. 11587–11606. Effective July 11, 1994. (112) On March 28, 1995, the State of Illinois submitted a revision to its ozone State Implementation Plan for P & S, Incorporated's facility located in Wood Dale, Du Page County, Illinois. It grants a compliance date extension from Stage II vapor control requirements (35 Ill. Adm. Code 218.586) from November 1, 1994 until April 1, 1996, or 60 days after notification to P & S, Incorporated that the roadway construction complicating the installation of Stage II equipment will be abandoned for any reason, whichever is sooner. (i) Incorporation by reference. (A) Illinois Pollution Control Board Final Opinion and Order, PCB 94–299, adopted on February 16, 1995, and effective on February 16, 1995. Certification dated March 1, 1995 of Acceptance by P & S, Incorporated. (113) On April 27, 1995, the Illinois Environmental Protection Agency requested a revision to the Illinois State Implementation Plan in the form of revisions to the State's New Source Review rules for sources in the Chicago and metropolitan East St. Louis ozone nonattainment areas and are intended to satisfy Federal requirements of the Clean Air Act as amended in 1990. The State's New Source Review provisions are codified at Title 35: Environmental Protection Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter a: Permits and General Provisions. Part 203 Major Stationary Sources Construction and Modification is amended as follows: (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subpart A: General Provisions, Section 203.101 Definitions, Section 203.107 Allowable Emissions, Section 203.110 Available Growth Margin, Section 203.112 Building, Structure and Facility, Section 203.121 Emission Offset, Section 203.122 Emissions Unit, Section 203.123 federally Enforceable, Section 203.126 Lowest Achievable Emission Rate, Section 203.128 Potential to Emit, Section 203.145 Volatile Organic Material, Section 203.150 Public Participation. Effective April 30, 1993. (B) Title 35: Environmental Protection, Subpart B: Major Stationary Sources in Nonattainment Areas, Section 203.201 Prohibition, Section 203.203 Construction Permit Requirement and Application, Section 203.206 Major Stationary Source, Section 203.207 Major Modification of a Source, Section 203.208 Net Emission Determination, Section 203.209 Significant Emissions Determination. Effective April 30, 1993. (C) Title 35: Environmental Protection, Subpart C: Requirements for Major Stationary Sources in Nonattainment Areas, Section 203.301 Lowest Achievable Emission Rate, Section 203.302 Maintenance of Reasonable Further Progress and Emission Offsets, Section 203.303 Baseline and Emission Offsets Determination, Section 203.306 Analysis of Alternatives. Effective April 30, 1993. (D) Title 35: Environmental Protection, Subpart H: Offsets for Emission Increases From Rocket Engines and Motor Firing, Section 203.801 Offsetting by Alternative or Innovative Means. Effective April 30, 1993. Published in the Illinois Register, Volume 17, Issue 20, May 14, 1993. (114) On November 30, 1994, the State submitted an amended Synthetic Organic Chemical Manufacturing Industry Air Oxidation Process rule which consisted of extended applicability and tightened control measures to the Ozone Control Plan for the Chicago and Metro-East St. Louis areas. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart V; Air Oxidation Processes, Sections 218.520 Emission Limitations for Air Oxidation Processes, 218.522 Savings Clause, 218.523 Compliance, 218.524 Determination of Applicability, and 218.525 Emission Limitations for Air Oxidation Processes (Renumbered) at 18 Ill. Reg. 16972, effective November 15, 1994. (B) Part 219: Organic Material Emissions Standards and Limitations for the Metro-East Area, Subpart V; Air Oxidation Processes, Sections 219.520 Emission Limitations for Air Oxidation Processes, 219.522 Savings Clause, 219.523 Compliance, 219.524 Determination of Applicability, and 219.525 Emission Limitations for Air Oxidation Processes (Renumbered) at 18 Ill. Reg. 17001, effective November 15, 1994. (115) On May 5, 1995, and May 26, 1995, the State submitted an amended coating rule which consisted of a tightened applicability cut-off level for wood furniture coating operations to the Ozone Control Plan for the Chicago and Metro-East St. Louis areas. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart F; Coating Operations, Sections 218.208 Exemptions from Emission Limitations, Subsection (b), amended at 19 Ill. Reg. 6848, effective May 9, 1995. (B) Part 219: Organic Material Emissions Standards and Limitations for the Metro-East Area, Subpart F; Coating Operations, Section 219.208 Exemptions from Emission Limitations, Subsection (b), amended at 19 Ill. Reg. 6958, effective May 9, 1995. (116) On May 5, 1995, and May 26, 1995, the State submitted a rule for automotive/transportation and business machine plastic parts coating operations, which consisted of new volatile organic compound emission limitations to the Ozone Control Plan for the Chicago and Metro-East St. Louis areas. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 211: Definitions and General Provisions, Subpart B; Definitions, Sections 211.660 Automotive/Transportation Plastic Parts, 211.670 Baked Coatings, 211.820 Business Machine Plastic Parts, 211.1880 Electromagnetic Interference/Radio Frequency Interference Shielding Coatings, 211.1900 Electrostatic Prep Coat, 211.2360 Flexible Coatings, 211.2630 Gloss Reducers, 211.4055 Non-Flexible Coating, 211.4740 Plastic Part, 211.5480 Reflective Argent Coating, 211.5600 Resist Coat, 211.6060 Soft Coat, 211.6140 Specialty Coatings, 211.6400 Stencil Coat, 211.6580 Texture Coat, and 211.6880 Vacuum Metallizing, amended at 19 Ill. 6823, effective May 9, 1995. (B) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart F; Coating Operations, Sections 218.204 Emission Limitations, Subsection (n) Plastic Parts Coating: Automotive/Transportation and (o) Plastic Parts Coating: Business Machine, 218.205 Daily-Weighted Average Limitations, Subsection (g), and 218.207 Alternative Emission Limitations, Subsection (i), amended at 19 Ill. 6848, effective May 9, 1995. (C) Part 219: Organic Material Emissions Standards and Limitations for the Metro-East Area, Subpart F; Coating Operations, Section 219.204 Emission Limitations, Subsection (m) Plastic Parts Coating: Automotive/Transportation and (n) Plastic Parts Coating: Business Machine, 219.205 Daily-Weighted Average Limitations, Subsection (f), and 219.207 Alternative Emission Limitations, Subsection (h), amended at 19 Ill. Reg. 6958, effective May 9, 1995. (117) On May 31, 1995, the State submitted amended lithographic printing rules which consisted of revised definitions, and revisions to the Ozone Control Plan for the Chicago and Metro-East St. Louis areas. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 211: Definitions and General Provisions, Subpart B: Definitions, Sections 211.474 Alcohol, 211.560 As-Applied Fountain Solution, 211.2850 Heatset Web Offset Lithographic Printing Line, 211.4065 Non-Heatset, 211.5980 Sheet-Fed added at 19 Ill. Reg. 6823, effective May 9, 1995. (B) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart H; Printing and Publishing, Sections 218.405 Lithographic Printing: Applicability, 218.406 Provisions Applying to Heatset Web Offset Lithographic Printing Prior to March 15, 1996, 218.407 Emissions Limitations and Control Requirements for Lithographic Printing Lines On and After March 15, 1996, 218.408 Compliance Schedule for Lithographic Printing on and After March 15, 1996, 218.409 Testing for Lithographic Printing On and After March 15, 1996, 218.410 Monitoring Requirements for Lithographic Printing, 218.411 Recordkeeping and Reporting for Lithographic Printing added at 19 Ill. Reg. 6848, effective May 9, 1995. (C) Part 219: Organic Material Emissions Standards and Limitations for the Metro-East Area, Subpart H; Printing and Publishing, Sections 219.405 Lithographic Printing: Applicability, 219.406 Provisions Applying to Heatset Web Offset Lithographic Printing Prior to March 15, 1996, 219.407 Emissions Limitations and Control Requirements for Lithographic Printing Lines On and After March 15, 1996, 219.408 Compliance Schedule for Lithographic Printing on and After March 15, 1996, 219.409 Testing for Lithographic Printing On and After March 15, 1996, 219.410 Monitoring Requirements for Lithographic Printing, 219.411 Recordkeeping and Reporting for Lithographic Printing added at 19 Ill. Reg. 6848, effective May 9, 1995. (118) On October 24, 1994, the State submitted a site-specific revision to the State Implementation Plan establishing lubricant selection and temperature control requirements for Alumax Incorporated, Morris, Illinois facility's hot and cold aluminum rolling mills, as part of the Ozone Control Plan for the Chicago area. (i) Incorporation by reference. September 1, 1994, Opinion and Order of the Illinois Pollution Control Board AS 92–13, effective September 1, 1994. (119) On May 5, 1995, and May 26, 1995, the State submitted a revised rule tightening volatile organic compound emission limitations for certain surface coating operations in the Chicago and Metro-East St. Louis areas. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart F; Coating Operations, Sections 218.204 Emission Limitations, 218.205 Daily-Weighted Average Limitations, 218.207 Alternative Emission Limitations, 218.208 Exemptions From Emission Limitations, 218.210 Compliance Schedule, 218.212 Cross-line Averaging to Establish Compliance for Coating Lines, 218.213 Recordkeeping and Reporting for Cross-line Averaging Participating Coating Lines, 218.214 Changing Compliance Methods, 218 Appendix H Baseline VOM Content Limitations for Subpart F, Section 218.212 Cross-Line Averaging, amended at 19 Ill. 6848, effective May 9, 1995. (B) Part 219: Organic Material Emissions Standards and Limitations for the Metro-East Area, Subpart F; Coating Operations, Sections 219.204 Emission Limitations, 219.205 Daily-Weighted Average Limitations, 219.207 Alternative Emission Limitations, 219.208 Exemptions From Emission Limitations, 219.210 Compliance Schedule, 219.212 Cross-line Averaging to Establish Compliance for Coating Lines, 219.213 Recordkeeping and Reporting for Cross-line Averaging Participating Coating Lines, 219.214 Changing Compliance Methods, 219 Appendix H Baseline VOM Content Limitations for Subpart F, Section 219.212 Cross-line Averaging, amended at 19 Ill. Reg. 6958, effective May 9, 1995. (120) On May 5, 1995, and May 31, 1995, the State of Illinois submitted a rule for motor vehicle refinishing operations, which consisted of new volatile organic material (VOM) emission limitations to the Ozone Control Plan for the Chicago and Metro East St. Louis areas. This State Implementation Plan revision contains rules which establish VOM content limits for certain coatings and surface preparation products used in automobile and mobile equipment refinishing operations in the Chicago and Metro-East area, as well as requires these operations to meet certain equipment and work practice standards to further reduce VOM. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 211: Definitions and General Provisions, Subpart B; Definitions, Sections 211.240 Adhesion Promoter, 211.495 Anti-Glare/Safety Coating, 211.685 Basecoat/Clearcoat System, 211.1875 Elastomeric Materials, 211.3915 Mobile Equipment, 211.3960 Motor Vehicles, 211.3965 Motor Vehicle Refinishing, 211.5010 Precoat, 211.5061 Pretreatment Wash Primer, 211.5080 Primer Sealer, 211.5090 Primer Surfacer Coat, 211.6145 Specialty Coatings for Motor Vehicles, 211.6540 Surface Preparation Materials, 211.6620 Three or Four Stage Coating System, 211.6695 Topcoat System, 211.6720 Touch-Up Coating, 211.6860 Uniform Finish Blender, amended at 19 Ill. 6823, effective May 9, 1995. (B) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart HH; Motor Vehicle Refinishing, Sections 218.780 Emission Limitations, 218.782 Alternative Control Requirements, 218.784 Equipment Specifications, 218.786 Surface Preparation Materials, 218.787 Work Practices, 218.788 Testing, 218.789 Monitoring and Record keeping for Control Devices, 218.790 General Record keeping and Reporting, 218.791 Compliance Date, 218.792 Registration, amended at 19 Ill. 6848, effective May 9, 1995. (C) Part 219: Organic Material Emissions Standards and Limitations for the Metro-East Area, Subpart HH; Motor Vehicle Refinishing, Sections 219.780 Emission Limitations, 219.782 Alternative Control Requirements, 219.784 Equipment Specifications, 219.786 Surface Preparation Materials, 219.787 Work Practices, 219.788 Testing, 219.789 Monitoring and Record keeping for Control Devices, 219.790 General Record keeping and Reporting, 219.791 Compliance Date 219.792 Registration, amended at 19 Ill. Reg. 6958, effective May 9, 1995. (121) On May 23, 1995, and June 7, 1995, the State submitted volatile organic compound control regulations for incorporation in the Illinois State Implementation Plan for ozone. (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 211: Definitions and General Provisions, Subpart B: Definitions, Sections 211.695, 211.696, 211.5245, 211.6025. These sections were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7344, and effective May 22, 1995. (B) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart V: 218.500, 218.501, 218.502, 218.503, 218.504, 218.505, 218.506. These sections were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7359, and effective May 22, 1995. (C) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 219: Organic Material Emission Standards and Limitations for the Metro East Area, Subpart V: 219.500, 219.501, 219.502, 219.503, 219.504, 219.505, 219.506. These sections were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7385, and effective May 22, 1995. (122) On June 26, 1995, the Illinois Environmental Protection Agency (IEPA) submitted a State Implementation Plan (SIP) revision containing the 1992 enhancements to the Illinois vehicle inspection and maintenance (I/M) program. Such enhancements were originally developed to meet the I/M performance standard as called for in the United States Environmental Protection Agency's (USEPA's) proposed ‘post-1987’ I/M SIP policy and specified in the settlement agreement entered into by the parties in Wisconsin v. Reilly, Case No. 87–C–0395, E.D. Wis. The submittal includes authorizing legislation P.A. 86–1433, signed into law on September 12, 1990 and procedural rules published in the Illinois Register on June 26, 1992 at Volume 16, Issue #16. (i) Incorporation by reference. (A) 35 Illinois Administrative Code 276; Sections 276.101, 276.102, 276.204, 276.206, 276.301, 276.303, 276.304, 276.307, 276.308, 276.309, 276.310, 276.311, 276.401, 276.402, 276.701, 276.702, and 276.703 amended or added at 16 Ill. Reg. 10230, effective June 15, 1992. (ii) Other material. (A) Public Act 86–1433 adopted by the Illinois General Assembly on June 29, 1990, signed into law by Governor Edgar on September 12, 1990 effective September 12, 1990 (Sections 2,3, and 4) and January 1, 1991 (Section 1). (B) June 26, 1995 letter and attachments from the IEPA's Bureau of Air Chief to the USEPA's Regional Air and Radiation Division Director submitting Illinois' revision to the ozone SIP. (123) On May 5, 1995, May 26, 1995, and May 31, 1995, the State of Illinois submitted miscellaneous revisions to its Volatile Organic Material (VOM) Reasonably Available Control Technology (RACT) rules contained in 35 Illinois Administrative Code Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, and Part 219: Organic Material Emission Standards and Limitations for the Metro East Area. These amendments clarify certain applicability provisions, control requirements, and compliance dates contained within these regulations. Also included in these amendments is an exemption for certain polyethylene foam packaging operations from VOM RACT requirements. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources. (A) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart A: General Provisions, Section 218.106; Subpart T: Pharmaceutical Manufacturing, Section 218.480; Subpart DD: Aerosol Can Filling, Section 218.686; Subpart RR: Miscellaneous Organic Chemical Process, Section 218.966; Subpart TT: Other Emission Units, Section 218.980. Amended at 19 Ill. Reg. 6848; effective May 9, 1995. (B) Part 219: Organic Material Emission Standards and Limitations for the Metro East Area, Subpart T: Pharmaceutical Manufacturing, Section 219.480; Subpart TT: Other Emission Units, Section 219.980. Amended at 19 Ill. Reg. 6958, effective May 9, 1995. (124) The State of Illinois requested a revision to the Illinois State Implementation Plan (SIP). This revision is for the purpose of establishing and implementing a Clean-Fuel Fleet Program in the Chicago ozone nonattainment area, which includes Cook, DuPage, Grundy (Aux Sable and Goose Lake townships only), Kane, Kendall (Oswego township only), Lake, McHenry, and Will counties, to satisfy the federal requirements for a Clean Fuel Fleet Program to be part of the SIP for Illinois. (i) Incorporation by reference. (A) 35 Illinois Administrative Code 241; Sections 241.101, 241.102, 241.103, 241.104, 241.110, 241.111, 241.112, 241.113, 241.114, 241.115, 241.130, 241.131, 241.140, 241.141, 241.142, 241. Appendix A, 241. Appendix B adopted in R95–12 at 19 Ill. Reg. 13265, effective September 11, 1995. (ii) Other material. (A) September 29, 1995 letter and attachments from the Illinois Environmental Protection Agency's Bureau of Air Chief to the USEPA's Regional Air and Radiation Division Director submitting Illinois' revision to the ozone SIP. (125) On November 14, 1995 the State submitted requested revisions to the Illinois State Implementation Plan in the form of revisions to the definitions of Organic Material and Organic Materials, Organic Solvent, Petroleum Liquid and Volatile Organic Material (VOM) or Volatile Organic Compound (VOC) intended to exempt acetone from regulation as a VOC. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 211: Definitions and General Provisions, Subpart B: Definitions, Section 211.4250 Organic Material and Organic Materials, Section 211.4260 Organic Solvent, Section 211.4610 Petroleum Liquid, Section 211.7150 Volatile Organic Material (VOM) or Volatile Organic Compounds (VOC). Amended at 19 Ill. Reg. 15176, effective October 19, 1995. (126) On November 15, 1995 the State submitted a requested revision to the Illinois State Implementation Plan in the form of a revision to the definition Volatile Organic Material (VOM) or Volatile Organic Compound (VOC) intended to exempt parachlorobenzotrifluoride and cyclic, branched or linear completely methylated siloxanes from the definition of VOM or VOC and thereby, from regulation as a VOC. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 211: Definitions and General Provisions, Subpart B: Definitions, Section 211.7150 Volatile Organic Material (VOM) or Volatile Organic Compounds (VOC). Amended at 19 Ill. Reg. 11066, effective July 12, 1995. (127) On October 21, 1993, and May 26, 1995, Illinois submitted volatile organic compound control regulations for incorporation in the Illinois State Implementation Plan for ozone. (i) Incorporation by reference. (A) Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 219: Organic Material Emissions Standards and Limitations for Metro East Area, Subpart PP: 219.920, 219.923, 219.927, 219.928; Subpart QQ: 219.940, 219.943, 219.947, 219.948; Subpart RR: 219.960, 219.963, 219.967, 219.968; Subpart TT: 219.980, 219.983, 219.987, 219.988; and Subpart UU. These Subparts were adopted on September 9, 1993, Amended at 17 Ill. Reg. 16918, effective September 27, 1993. (B) Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 219: Organic Material Emissions Standards and Limitations for Metro East Area, Subpart PP: 219.926; Subpart QQ: 219.946; Subpart RR: 219.966; and Subpart TT: 219.986. These Subparts were adopted on April 20, 1995, Amended at 19 Ill. Reg. 6958, effective May 9, 1995. (128) On November 30, 1994, the State submitted volatile organic compound control regulations for incorporation in the Illinois State Implementation Plan for ozone. (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 211: Definitions and General Provisions, Subpart B: Definitions, Sections 211.2300, 211.3695. These sections were adopted on October 20, 1994, Amended at 18 Ill. Reg. 16929, and effective November 15, 1994. (B) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart B: 218.119, 218.120, 218.125, 218.127, 218.128, 218.129. These sections were adopted on October 20, 1994, Amended at 18 Ill. Reg. 16950, and effective November 15, 1994. (C) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 219: Organic Material Emission Standards and Limitations for the Metro East Area, Subpart B: 219.119, 219.120, 219.125, 219.127, 219.128, 219.129. These sections were adopted on October 20, 1994, Amended at 18 Ill. Reg. 16980, and effective November 15, 1994. (129) [Reserved] (130) On June 29, 1995, the State of Illinois submitted a revision to the State Implementation Plan (SIP) for the implementation of an enhanced motor vehicle inspection and maintenance (I/M) program in the Chicago and East St. Louis ozone nonattainment areas. This revision included the Vehicle Emissions Inspection Law of 1995 (625 ILCS 5/13B), P.A. 88–533, effective January 18, 1995; I/M regulations (R94–19 and R94–20) adopted on December 1, 1994, by the Illinois Pollution Control Board; February 29, 1996, Request-For-Proposals; April 22, 1996, letter of commitment; plus additional support documentation including modeling demonstration. (i) Incorporation by reference. (A) Vehicle Emissions Inspection Law of 1995 (625 ILCS 5/13B), Public Act 88–533, signed into law by Governor Edgar on January 18, 1995 effective January 18, 1995. (B) 35 Illinois Administrative Code 240; Sections 240.101, 240.102, 240.104, 240.105, 240.106, 240.107, 240.124, 240.125, 240.151, 240.152, 240.153, 240.161, 240.162, 240.163, 240.164, 240.171, 240.Table A, 240.Table B amended or added in R94–19 at 18 Ill. Reg. 18228, effective December 14, 1994. (C) 35 Illinois Administrative Code 240; Sections 240.172, 240.173 amended in R94–20 at 18 Ill. Reg. 18013, effective December 12, 1994. (ii) Additional materials. (A) February 29, 1996, Request-For-Proposals submitted on April 22, 1996. (B) April 22, 1996, letter of commitment and attachments from IEPA's Bureau of Air Chief to the USEPA's Regional Air and Radiation Division Director. (131) On January 10, 1996, the State of Illinois submitted a site-specific State Implementation Plan (SIP) revision request for ozone, which extends the required deadline for the Rexam Medical Packaging Inc. facility in Mundelein, Lake County, Illinois (Rexam), to comply with 35 Illinois Administrative Code, part 218, subpart H, as it applies to its Inline Press Number No.105, Inline Press No. 111, Offline 32-inch Press, Offline 36-inch Press, and Offline 42-inch press. The compliance date is extended from March 15, 1995, until June 15, 1996, or upon submittal of the “certificate of compliance” required under section 218.404 of subpart H, whichever occurs first. The variance includes a compliance plan requiring the installation and use of a catalytic oxidizer to control emissions from Inline Press No. 105, Inline Press No. 111, Offline 32-inch Press, and Offline 42-inch Press. The Offline 36-inch Press is required to convert to water-based ink, or be controlled by the oxidizer if the press is not converted by March 1, 1996. The variance is contingent upon certain compliance milestone conditions. (i) Incorporation by reference. (A) Illinois Pollution Control Board Final Opinion and Order, PCB 95–99, adopted on October 19, 1995, and effective March 15, 1995. Certification of Acceptance dated November 29, 1996, by Rexam. (132) On January 8, 1996, Illinois submitted a site-specific revision to the State Implementation Plan establishing lubricant selection and temperature control requirements for the hot and cold aluminum operations at Reynolds Metals Company's McCook Sheet and Plate Plant in McCook, Illinois (in Cook County), as part of the Ozone Control Plan for the Chicago area. (i) Incorporation by reference. September 21, 1995, Opinion and Order of the Illinois Pollution Control Board AS 91–8, effective September 21, 1995. (133) On July 23, 1996, the Illinois Environmental Protection Agency submitted a site-specific State Implementation Plan revision request for the Chase Products Company's Broadview (Cook County), Illinois facility located at 19th Street and Gardner Road, as part of the Ozone Control Plan for the Chicago area. The resulting revision revises the control requirements codified at 35 Illinois Administrative Code Part 218 Subpart DD Section 218.686 as they apply to the Chase Products Company's Broadview facility. (i) Incorporation by reference. May 16, 1996, Opinion and Order of the Illinois Pollution Control Board AS 94–4, effective May 16, 1996. (134) On May 5, 1995, and May 26, 1995, the State of Illinois submitted a State Implementation Plan revision request to the United States Environmental Protection Agency for reactor processes and distillation operation processes in the Synthetic Organic Chemical Manufacturing Industry as part of the State's control measures for Volatile Organic Material (VOM) emissions for the Chicago and Metro-East (East St. Louis) areas. VOM, as defined by the State of Illinois, is identical to “volatile organic compounds” (VOC), as defined by EPA. This plan was submitted to meet the Clean Air Act requirement for States to adopt Reasonably Available Control Technology rules for sources that are covered by Control Techniques Guideline documents. The EPA approves the State Implementation Plan revision request as it applies to Stepan Company's Millsdale Facility. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 211: Definitions and General Provisions, Subpart B; Definitions, 211.980 Chemical Manufacturing Process Unit, 211.1780 Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary Product. (B) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart Q: Synthetic Organic Chemical and Polymer Manufacturing Plant, Sections 218.431 Applicability, 218.432 Control Requirements, 218.433 Performance and Testing Requirements, 218.434 Monitoring Requirements, 218.435 Recordkeeping and Reporting Requirements, 218.436 Compliance Date, 218 Appendix G, TRE Index Measurement for SOCMI Reactors and Distillation Units, amended at 19 Ill. Reg. 6848, effective May 9, 1995. (135) On January 23, 1996, Illinois submitted a site-specific revision to the State Implementation Plan which relaxes the volatile organic material (VOM) content limit for fabricated product adhesive operations at Solar Corporation's Libertyville, Illinois facility from 3.5 pounds VOM per gallon to 5.75 pounds VOM per gallon. (i) Incorporation by reference. July 20, 1995, Opinion and Order of the Illinois Pollution Control Board, AS 94–2, effective July 20, 1995. (136) On January 9, 1997, Illinois submitted a site-specific revision to the State Implementation Plan which grants a temporary variance from certain automotive plastic parts coating volatile organic material requirements at Solar Corporation's Libertyville, Illinois facility. (i) Incorporation by reference. September 5, 1996, Opinion and Order of the Illinois Pollution Control Board, PCB 96–239, effective September 13, 1996. Certificate of Acceptance signed September 13, 1996. (137) Approval—On April 25, 1997, the Illinois Environmental Protection Agency submitted a revision to the State Implementation Plan for general conformity rules. The general conformity rules enable the State of Illinois to implement the general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans. (i) Incorporation by reference. (A) Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 2: Environmental Protection Agency, Part 255 General Conformity: Criteria and Procedures. Adopted at 21 Ill. Reg. effective March 6, 1997. (138) On May 5, 1995, and May 26, 1995, the State of Illinois submitted State Implementation Plan (SIP) revision requests for reactor processes and distillation operation processes in the Synthetic Organic Chemical Manufacturing Industry as part of the State's control measures for Volatile Organic Material emissions for the Metro-East (East St. Louis) area. This State Implementation Plan revision request is approved as it applies to Monsanto Chemical Group's Sauget Facility. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 211: Definitions and General Provisions, Subpart B; Definitions, 211.980 Chemical Manufacturing Process Unit, 211.1780 Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary Product, amended at 19 Ill. Reg. 6823, effective May 9, 1995. (B) Part 219: Organic Material Emission Standards and Limitations for the Metro East Area, Subpart Q: Synthetic Organic Chemical and Polymer Manufacturing Plant, Sections 219.431 Applicability, 219.432 Control Requirements, 219.433 Performance and Testing Requirements, 219.434 Monitoring Requirements, 219.435 Recordkeeping and Reporting Requirements, 219.436 Compliance Date, 219.Appendix G, TRE Index Measurement for SOCMI Reactors and Distillation Units, amended at 19 Ill. Reg. 6958, effective May 9, 1995. (139) On September 8, 1997, the State of Illinois submitted tightened volatile organic material rules for cold cleaning degreasing operations in the Chicago and the Metro-East ozone nonattainment areas. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 211: Definitions and General Provisions, Subpart B: Definitions, Section 211.1885, amended at 21 Ill. 7695, effective June 9, 1997. (B) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart E: Solvent Cleaning, Section 218.182, amended at 21 Ill. 7708, effective June 9, 1997. (C) Part 219: Organic Material Emissions Standards and Limitations for the Metro-East Area, Subpart E: Solvent Cleaning, Section 219.182, amended at 21 Ill. 7721, effective June 9, 1997. (140) On March 5, 1998, the State of Illinois submitted amended rules for the control of volatile organic material emissions from wood furniture coating operations in the Chicago and Metro-East (East St. Louis) ozone nonattainment areas, as a requested revision to the ozone State Implementation Plan. This plan was submitted to meet the Clean Air Act requirement for States to adopt Reasonably Available Control Technology rules for sources that are covered by Control Techniques Guideline documents. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 211: Definitions and General Provisions, Subpart B; Definitions, 211.1467 Continuous Coater, 211.1520 Conventional Air Spray, 211.6420 Strippable Spray Booth Coating, 211.7200 Washoff Operations, amended at 22 Ill. Reg. 3497, effective February 2, 1998. (B) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart F: Coating Operations 218.204 Emission Limitations, 218.205 Daily-weighted Average Limitations, 218.210 Compliance Schedule, 218.211 Recordkeeping and Reporting, 218.215 Wood Furniture Coating Averaging Approach, 218.216 Wood Furniture Coating Add-On Control Use, 218.217 Wood Furniture Coating Work Practice Standards, amended at 22 Ill. Reg. 3556, effective February 2, 1998. (C) Part 219: Organic Material Emission Standards and Limitations for the Metro East Area, Subpart F: Coating Operations 219.204 Emission Limitations, 219.205 Daily-weighted Average Limitations, 219.210 Compliance Schedule, 219.211 Recordkeeping and Reporting, 219.215 Wood Furniture Coating Averaging Approach, 219.216 Wood Furniture Coating Add-On Control Use, 219.217 Wood Furniture Coating Work Practice Standards, amended at 22 Ill. Reg. 3517, effective February 2, 1998. (141) On November 14, 1995, May 9, 1996, June 14, 1996, and February 3, 1997, October 16, 1997, and October 21, 1997, the State of Illinois submitted State Implementation Plan (SIP) revision requests to meet commitments related to the conditional approval of Illinois' May 15, 1992, SIP submittal for the Lake Calumet (SE Chicago), McCook, and Granite City, Illinois, Particulate Matter (PM) nonattainment areas. The EPA is approving the portion of the SIP revision request that applies to the Granite City area. The SIP revision request corrects, for the Granite City PM nonattainment area, all of the deficiencies of the May 15, 1992, submittal. (i) Incorporation by reference. (A) Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 212: Visible and Particulate Matter Emissions, Subpart A: General, Sections 212.107, 212.108, 212.109, 212.110; Subpart L: Particulate Matter from Process Emission Sources, Section 212.324; Subpart N: Food Manufacturing, Section 212.362; Subpart Q: Stone, Clay, Glass and Concrete Manufacturing, Section 212.425; Subpart R: Primary and Fabricated Metal Products and Machinery Manufacture, Sections 212.446, 212.458; Subpart S: Agriculture, Section 212.464. Adopted at 20 Illinois Register 7605, effective May 22, 1996. (B) Joint Construction and Operating Permit: Application Number 95010005, Issued on October 21, 1997, to Granite City Division of National Steel Corporation. (142) On May 5, 1995, and May 26, 1995, the State of Illinois submitted State Implementation Plan revision requests for reactor processes and distillation operations in the Synthetic Organic Chemical Manufacturing Industry as part of the State's control measures for Volatile Organic Material emissions for the Chicago and Metro-East (East St. Louis) areas. This plan was submitted to meet the Clean Air Act requirement for States to adopt Reasonably Available Control Technology rules for sources that are covered by Control Techniques Guideline documents. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 211: Definitions and General Provisions, Subpart B; Definitions, 211.980 Chemical Manufacturing Process Unit, 211.1780 Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary Product, amended at 19 Ill. Reg. 6823, effective May 9, 1995. (B) Part 218: Organic Material Emission Standards and Limitations for the Chicago Area, Subpart Q: Synthetic Organic Chemical and Polymer Manufacturing Plant, Sections 218.431 Applicability, 218.432 Control Requirements, 218.433 Performance and Testing Requirements, 218.434 Monitoring Requirements, 218.435 Recordkeeping and Reporting Requirements, 218.436 Compliance Date, 218.Appendix G, TRE Index Measurement for SOCMI Reactors and Distillation Units, amended at 19 Ill. Reg. 6848, effective May 9, 1995. (C) Part 219: Organic Material Emission Standards and Limitations for the Metro East Area, Subpart Q: Synthetic Organic Chemical and Polymer Manufacturing Plant, Sections 219.431 Applicability, 219.432 Control Requirements, 219.433 Performance and Testing Requirements, 219.434 Monitoring Requirements, 219.435 Recordkeeping and Reporting Requirements, 219.436 Compliance Date, 219.Appendix G, TRE Index Measurement for SOCMI Reactors and Distillation Units, amended at 19 Ill. Reg. 6958, effective May 9, 1995. (143) [Reserved] (144) On September 3, 1997, the Illinois Environmental Protection Agency submitted a temporary, site specific State Implementation Plan revision request for the D.B. Hess Company, Incorporated's (DB Hess) lithographic printing operations located in Woodstock (McHenry County), Illinois. This variance took the form of a March 20, 1997, Opinion and Order of the Illinois Pollution Control Board issued in PCB 96–194 (Variance—Air). The variance which will expire on March 30, 1999, grants DB Hess a variance from 35 Illinois Administrative Code Sections 218.407(a)(1)(C),(D),(E) and 218.411(b)(1), (2)and (3) for heatset web offset presses 3, 4, and 5 which are located at the Woodstock (McHenry County), Illinois facility. (i) Incorporation by reference. (A) March 20, 1997, Opinion and Order of the Illinois Pollution Control Board in PCB 96–194 (Variance—Air) which was effective on March 20, 1997 and expires on March 30, 1999. (ii) The variance is subject to the following conditions (the dates specified indicate the latest start dates of compliance periods terminating on March 30, 1999, when presses 3, 4, and 5 must be replaced by complying presses or must be brought into compliance with the rules from which DB Hess seeks the variance): (A) On or before March 20, 1997, the combined actual volatile organic material (VOM) emissions from all of the presses in the Woodstock plant shall not exceed 18 tons per year or 1.5 tons per month. (B) On or before March 20, 1997, DB Hess shall use only cleaning solutions with VOM concentrations less than or equal to 30 percent by weight. (C) On or before March 20, 1997, DB Hess shall use cleaning solutions on presses 3, 4, and 5 that have a VOM composite partial vapor pressure of less than 10 millimeters (mm) of Mercury (Hg) at 20 degrees Celsius. These cleaning solutions must comply with the requirements of 35 IAC 218.407(a)(4). (D) On or before March 20, 1997, DB Hess shall store and dispose of all cleaning towels in closed containers. (E) On or before May 5, 1997, DB Hess shall monitor presses 3, 4, and 5 pursuant to 35 IAC 218.410 (b), (c), and (e). (F) On or before May 5, 1997, DB Hess shall use fountain solutions on presses 3, 4, and 5 that are less than 5 percent VOM by volume, as applied, and which contain no alcohol. (G) On or before May 5, 1997, DB Hess shall prepare and maintain records pursuant to 35 IAC 218.411 (b), (c), and (d) for presses 3, 4, and 5 and must show compliance with the requirements of 35 IAC 218.407(a)(1) (C), (D), and (E) and with the requirements of 35 IAC 218.411(b) (1), (2), and (3) for these presses. (H) On or before May 5, 1997, DB Hess shall submit quarterly reports to the Illinois Environmental Protection Agency's (IEPA's) Compliance and Systems Management Section demonstrating compliance with the terms of the Illinois Pollution Control Board Order. (I) On or before March 30, 1998, DB Hess shall cease operation of press 3. (J) On or before March 30, 1999, DB Hess shall either: (1) Cease operation of presses 4 and 5, and notify the IEPA of such cessation; or (2) Retrofit presses 4 and 5 or replace presses 4 and 5 in compliance with 35 IAC 218.407 (a)(1) (C), (D), and (E) and with 35 IAC 218.411(b) (1), (2), and(3). In this case: (i) DB Hess must apply for and obtain necessary construction permits by March 30, 1998, or six months before retrofitting or replacing presses 4 and 5, whichever is earlier. (ii) DB Hess must send monthly status reports, due the 15th day of each month, to the IEPA, covering the progress of the installation of the presses and control equipment and testing of the control equipment. (K) On or before March 30, 1999, DB Hess shall cease operations at presses 3, 4, and 5 except for those presses for which it has obtained permits and installed controls, which have been tested and demonstrated to be in compliance with applicable rules. (145) On September 16, 1998, the State of Illinois submitted amendments to Volatile Organic Material (VOM) rules affecting Illinois' ozone attainment area (the area of the State not including the Chicago and Metro-East ozone nonattainment areas). The amendments contain various deletions of obsolete provisions, changes of some word usage to comport Part 215 with other Illinois VOM regulations, and the addition of certain exemptions from VOM coating requirements. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources. (A) Part 215: Organic Material Emission Standards and Limitations; Subpart A: General Provisions, 215.104 Definitions, 215.109 Monitoring for Negligibly-Reactive Compounds; Subpart F: Coating Operations, 215.204 Emission Limitations for Manufacturing Plants, 215.205 Alternative Emission Limitations, 215.206 Exemptions from Emission Limitations, 215.207 Compliance by Aggregation of Emissions Units, 215.211 Compliance Dates and Geographical Areas, 215.212 Compliance Plan, and 215.214 Roadmaster Emissions Limitations (Repealed); Subpart Z: Dry Cleaners, 215.601 Perchloroethylene Dry Cleaners (Repealed), 215.602 Exemptions (Repealed), 215.603 Leaks (Repealed), 215.604 Compliance Dates and Geographical areas (Repealed), 215.605 Compliance Plan (Repealed), and 215.606 Exception to Compliance Plan (Repealed), amended at 22 Ill. Reg. 11427, effective June 19, 1998. (146) On February 13, 1998, the Illinois Environmental Protection Agency (IEPA) submitted a revision to the Illinois State Implementation Plan (SIP). This revision amends certain sections of the Clean-Fuel Fleet Program (CFFP) in the Chicago ozone nonattainment area to reflect that fleet owners and operators will have an additional year to meet the purchase requirements of the CFFP. The amendment changes the first date by which owners or operators of fleets must submit annual reports to IEPA from November 1, 1998 to November 1, 1999. In addition, this revision corrects two credit values in the CFFP credit program. (i) Incorporation by reference. (A) 35 Illinois Administrative Code 241; Sections 241.113, 241.130, 241.140, 241.Appendix B.Table A, 241.Appendix B.Table D adopted in R95–12 at 19 Ill. Reg. 13265, effective September 11, 1995; amended in R98–8, at 21 Ill. Reg. 15767, effective November 25, 1997. (ii) Other material. (A) February 13, 1998, letter and attachments from the Illinois Environmental Protection Agency's Bureau of Air Chief to the United States Environmental Protection Agency's Regional Air and Radiation Division Director submitting Illinois' amendments to the Clean Fuel Fleet regulations as a revision to the ozone State Implementation Plan. (147) On June 21, 1997, and December 9, 1998, the State of Illinois submitted regulations adopted by the Illinois Pollution Control Board and the Illinois Environmental Protection Agency and legislation adopted by the General Assembly and signed by the Governor related to Illinois' vehicle inspection and maintenance (I/M) program. The purpose of these submittals was to change the existing program from a basic I/M program to a fully enhanced I/M program. These changes modify the program in both the Chicago and Saint Louis (Illinois Portion) Ozone nonattainment areas. (i) Incorporation by reference. (A) Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter k: Emission Standards and Limitations for Mobile sources, Part 240 Mobile Sources, Except for Section 240. Table C. Adopted at 22 Ill. Reg. 13723, effective July 13, 1998. (B) Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter k: Emission Standards and Limitations for Mobile sources, Part 240 Mobile Sources, Section 240. Table C. Corrected at 22 Ill. Reg. 21120, effective July 13, 1998. (C) Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter II: Environmental Protection Agency, Part 276 Procedures to be Followed in the Performance of Inspections of Motor Vehicle Emissions. Amended at 22 Ill. Reg. 18867, effective September 28, 1998. (ii) Other materials. (A) Transmittal letters dated June 21, 1997, and December 9, 1998. (B) Public Act 90–475, effective August 17, 1997. This Act amends the Illinois Environmental Protection Act by changing Sections 3.32, 3.78, 21, and 22.15 and adding Sections 3.78a and 22.38. (148) On October 13, 1998, the State of Illinois submitted a site-specific State Implementation Plan (SIP) revision affecting Volatile Organic Material controls at Central Can Company (CCC), located in Chicago, Illinois. The SIP revision allows CCC to apply can coating control rules to pail coating operations limited to certain conditions. (i) Incorporation by reference. August 6, 1998, Opinion and Order of the Illinois Pollution Control Board, AS 94–18, effective July 1, 1991. (149) On September 17, 1998, the Illinois Environmental Protection Agency submitted a site specific State Implementation Plan revision request for W.R. Grace and Company's facility, which manufactures container sealants, lubricant fluids, and concrete additives, and is located at 6050 West 51st Street in Chicago, Illinois (Cook County). This rule revision is contained in R98–16, the July 8, 1998, Opinion and Order of the Illinois Pollution Control Board, and consists of new Section 218.940(h), which exempts W.R. Grace's facility from the control requirements in 35 Illinois Administrative Code Part 218 Subpart QQ. (i) Incorporation by reference. Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 218 Organic Material Emission Standards and Limitations for the Chicago Area, Subpart QQ: Miscellaneous Formulation Manufacturing Processes, Section 218.940 Applicability, paragraph (h) which was amended in R98–16 at 22 Ill. Reg. 14282, effective July 16, 1998. (150) On November 14, 1995, May 9, 1996, June 14, 1996, February 1, 1999, and May 19, 1999, the State of Illinois submitted State Implementation Plan (SIP) revision requests to meet commitments related to the conditional approval of Illinois' May 15, 1992, SIP submittal for the Lake Calumet (Southeast Chicago), McCook, and Granite City, Illinois, Particulate Matter (PM) nonattainment areas. The EPA is approving the SIP revision request as it applies to the Lake Calumet area. The SIP revision request corrects, for the Lake Calumet PM nonattainment area, all of the deficiencies of the May 15, 1992, submittal. (i) Incorporation by reference. (A) Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 212: Visible and Particulate Matter Emissions, Subpart A: General, Section 212.113; Subpart E: Particulate Matter from Fuel Combustion Sources, Section 212.210; Subpart K: Fugitive Particulate Matter, Sections 212.302, 212.309, and 212.316. Adopted at 20 Illinois Register 7605, effective May 22, 1996. (B) Federally Enforceable State Operating Permit—Special: Application Number 98120091, Issued on May 14, 1999, to LTV Steel Company, Inc. (151) On July 23, 1998, the State of Illinois submitted a State Implementation Plan (SIP) revision that included certain “clean-up” amendments to the State's permitting rules. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board. (A) Subchapter A: Permits and General Provisions, Part 201: Permits and General Provisions. (1) Subpart D: Permit Applications and Review Process, Section 201.152 Contents of Application for Construction Permit, 201.153 Incomplete Applications (Repealed), Section 201.154 Signatures (Repealed), Section 201.155 Standards for Issuance (Repealed), Section 201.157 Contents of Application for Operating Permit, Section 201.158 Incomplete Applications, Section 201.159 Signatures, 201.160 Standards for Issuance, Section 201.162 Duration, Section 201.163 Joint Construction and Operating Permits, and Section 201.164 Design Criteria. Amended at 22 Ill. Reg. 11451, effective June 23, 1998. (2) Subpart E: Special Provisions for Operating Permits for Certain Smaller Sources, Section 201.180 Applicability (Repealed), Section 201.181 Expiration and Renewal (Repealed), Section 201.187 Requirement for a Revised Permit (Repealed), Repealed at 22 Ill. Reg. 11451, effective June 23, 1998. (3) Subpart F: CAAPP Permits, Section 201.207 Applicability, Amended at 22 Ill. Reg. 11451, effective June 23, 1998. (152) On February 5, 1998, the Illinois Environmental Protection Agency submitted a requested revision to the Illinois State Implementation Plan. This revision provided additional exemptions from State of Illinois permit requirements codified by the State at Part 201 of Title 35 of the Illinois Administrative Code (35 IAC Part 201). The revision also added a definition of “Feed Mill” to Part 211 of 35 IAC (35 IAC Part 211). (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter C: Emission Standards and Limitations for Stationary Sources. (A) Part 211 Definitions and General Provisions, Subpart B: Definitions, Section 211.2285 Feed Mill. Added at 21 Ill. Reg. 7856, effective June 17, 1997. (B) Part 201 Permits and General Conditions, Subpart C: Prohibitions, Section 201.146 Exemptions from State Permit Requirements. Amended at 21 Ill. Reg. 7878, effective June 17, 1997. (153) On July 9, 1999, the State of Illinois submitted a site-specific State Implementation Plan (SIP) revision affecting Volatile Organic Material control requirements at Sun Chemical Corporation (Sun) in Northlake, Illinois. The SIP revision changes requirements for 17 resin storage tanks operated by Sun. Specifically, the SIP revision exempts the 17 tanks from the bottom or submerged fill pipe requirements, provided that no odor nuisance exists at the Sun Northlake facility, and that the vapor pressures of materials stored in the tanks remain less the 0.5 pounds per square inch absolute at 70 degrees Fahrenheit. (i) Incorporation by reference. May 20, 1999, Opinion and Order of the Illinois Pollution Control Board, AS 99–4, effective May 20, 1999. (155) On May 21, 1999, the Illinois Environmental Protection Agency submitted a temporary, site-specific revision to the State Implementation Plan (SIP) for sulfur dioxide (SO2) for the Central Illinois Light Company's E.D. Edwards Generating Station in Peoria County, Illinois (CILCO Edwards). The SIP revision took the form of an April 15, 1999, Opinion and Order of the Illinois Pollution Control Board (PCB 99–80, Variance-Air). In this Opinion and Order, the IPCB granted CILCO Edwards a variance from 35 Illinois Administrative Code 214.141, and provided for a relaxation in the fuel quality limit for one of the facility's three boilers, but added an overall fuel quality limit and retained an overall SO2 emissions cap for the three CILCO Edwards boilers. The variance will expire on February 28, 2002, unless CILCO applies to Illinois for a permanent SIP revision. (i) Incorporation by reference. An April 15, 1999, Opinion and Order of the Illinois Pollution Control Board in PCB 99–80 (Variance-Air), granting a variance from 35 IAC 214.141 for Boiler No. 2 at the Central Illinois Light Company's E.D. Edwards Generating Station near Peoria, Illinois. The variance expires on February 28, 2002, unless CILCO applies to Illinois for a permanent SIP revision. If CILCO applies for a permanent SIP revision, and the IPCB allows CILCO Edwards' variance to continue unamended through July 31, 2003, as stated in the Opinion and Order, then federal approval of the variance will continue until EPA approves alternate SO2 limits for CILCO Edwards, or until July 31, 2003, whichever is earlier. (156) On May 8, 2001, the State submitted rules to control Oxides of Nitrogen emissions from electric generating units. (i) Incorporation by reference. Title 35: Environmental Protection; Subtitle B: Air Pollution; Chapter I: Pollution Control Board; Subchapter C: Emission Standards and Limitations for Stationary Sources; Part 217 Nitrogen Oxides Emissions; Subpart V: Electric Power Generation. Adopted at 25 Ill. Reg. 5914, effective April 17, 2001. (157) On May 8, 2001, the Illinois Environmental Protection Agency submitted revisions to 35 Ill. Adm. Code 217, Subpart W: NO[x] Trading Program for Electrical Generating Units with a request that these rules be incorporated into the Illinois State Implementation Plan. On June 11, 2001, the Illinois EPA submitted Section 9.9(f) of the Illinois Environmental Protection Act as revised by Public Act 92–012 (formerly House Bill 1599) which was approved by both Houses of the Illinois General Assembly on June 7, 2001, approved by the Governor on June 22, 2001, and became effective on July 1, 2001. Section 9.9(f) requires a May 31, 2004 final compliance date for 35 Ill. Adm. Code 215, Subparts T, U and W. This compliance date replaces the compliance date contained in Section 217.756(d)(3). (i) Incorporation by reference. (A) Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 217 Nitrogen Oxides Emissions, Subpart W: NO[x] Trading Program for Electrical Generating Units except for 217.756(d)(3) which has been superseded by Section 9.9(f) of the Illinois Environmental Protection Act. Added at 25 Ill. Reg. 128, January 25, 2001, effective December 26, 2000. (B) Section 9.9(f) of the Illinois Environmental Protection Act. Adopted by both Houses of the Illinois General Assembly as part of Public Act 92–0012 (previously House Bill 1599) on May 31, 2001, approved by the Governor of Illinois on June 22, 2001, effective July 1, 2001. (158) On December 16, 1997, Bharat Mathur, Chief, Bureau of Air, Illinois Environmental Protection Agency, submitted rules for a cap and trade program regulating volatile organic compound emissions in the Chicago area. By letter dated August 23, 2001, the state requested that USEPA defer rulemaking on section 205.150(e), which exempts new and modified sources obtaining offsets under the trading program from the requirements for traditional, full year offsets. (i) Incorporation by reference. Illinois Administrative Code, Title 35, Subtitle B, Chapter I, subchapter b, Part 205, entitled Emissions Reduction Market System, adopted November 20, 1997, effective November 25, 1997, except section 205.150(e). (159) On April 9, 2001, David Kolaz, Chief, Bureau of Air, Illinois Environmental Protection Agency, submitted rules regulating NOX emissions from cement kilns. On May 1, 2001, Mr. Kolaz submitted rules regulating NOX emissions from industrial boilers and turbines and requesting two minor revisions to the Illinois NOX emissions budget. On June 18, 2001, Mr. Kolaz submitted a demonstration that Illinois' regulations were sufficient to assure that NOX emissions in Illinois would be reduced to the level budgeted for the state by USEPA. On September 20, 2001, Mr. Kolaz sent a letter clarifying that Illinois' rules for industrial boilers and turbines require compliance on a unit-by-unit basis. (i) Incorporation by reference. (A) Illinois Administrative Code, Title 35, Subtitle B, Chapter I, subchapter c, Part 211, Definitions, sections 211.955, 211.960, 211.1120, 211.3483, 211.3485, 211.3487, 211.3780, 211.5015, and 211.5020, published at 25 Ill. Reg. 4582, effective March 15, 2001. (B) Illinois Administrative Code, Title 35, Subtitle B, Chapter I, subchapter c, Part 217, Subpart A, Section 217.104, Incorporations by Reference, published at 25 Ill. Reg. 4597, effective March 15, 2001. (C) Illinois Administrative Code, Title 35, Subtitle B, Chapter I, subchapter c, Part 217, Subpart T, Cement Kilns, sections 217.400, 217.400, 217.402, 217.404, 217.406, 217.408, and 217.410, published at 25 Ill. Reg. 4597, effective March 15, 2001. (D) Illinois Administrative Code, Title 35, Subtitle B, Chapter I, subchapter c, Part 211, Sections 211.4067 and 211.6130, published at 25 Ill. Reg. 5900, effective April 17, 2001. (E) Illinois Administrative Code, Title 35, Subtitle B, Chapter I, subchapter c, Part 217, Subpart U, NOX Control and Trading Program for Specified NOX Generating Units, sections 217.450, 217.452, 217.454, 217.456, 217.458, 217.460, 217.462, 217.464, 217.466, 217.468, 217.470, 217.472, 217.474, 217.476, 217.478, 217.480 and 217.482, published at 25 Ill. Reg. 5914, effective April 17, 2001. (ii) Additional material. (A) Letter dated June 18, 2001, from David Kolaz, Illinois Environmental Protection Agency, to Cheryl Newton, United States Environmental Protection Agency. (B) Letter dated September 20, 2001, from David Kolaz, Illinois Environmental Protection Agency, to Bharat Mathur, United States Environmental Protection Agency. (160) On March 21, 2001, Illinois submitted revisions to volatile organic compound rules for Formel Industries, Incorporated in Cook County, Illinois. The revisions consist of a January 18, 2001 Opinion and Order of the Illinois Pollution Control Board in the Matter of: Petition of Formel Industries, Inc. for an Adjusted Standard from 35 ILL. ADM. CODE 218.401(a),(b) and (c): AS 00–13 (Adjusted Standard Air). This Opinion and Order grants Formel Industries, Incorporated an adjusted standard to the Flexographic Printing Rule. The adjusted standard requirements include participation in a market-based emissions trading system, maintaining daily records, conducting trials of compliant inks, and reviewing alternate control technologies. (i) Incorporation by reference. Volatile organic compound emissions limits contained in a January 18, 2001 Opinion and Order of the Illinois Pollution Control Board in the Matter of: Petition of Formel Industries, Inc. for an Adjusted Standard from 35 ILL. ADM. CODE 218.401(a), (b) and (c): AS 00–13 (Adjusted Standard-Air). This Opinion and Order was adopted by the Illinois Pollution Control Board on January 18, 2001. It became effective under State law on January 18, 2001. (161) On March 28, 2001, Illinois submitted revisions to volatile organic compound rules for Bema Film Systems, Incorporated in DuPage County, Illinois. The revisions consist of AS 00–11, an adjusted standard to the Flexographic Printing Rule, 35 IAC 218.401 (a), (b), and (c). The adjusted standard requirements include reducing the allotment baseline for the Illinois market-based emissions trading system, maintaining daily records, conducting trials of compliant inks, and reviewing alternate control technologies. (i) Incorporation by reference. AS 00–11, an adjusted standard from the Volatile Organic Compound emission limits for Bema Film Systems, Inc. contained in Illinois Administrative Code Title 35: Environmental Regulations for the State of Illinois, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 218.401 (a), (b), and (c). Effective on January 18, 2001. (ii) Other material. (A) November 14, 2001, letter from Dennis A. Lawler, Manager, Division of Air Pollution Control, Illinois Environmental Protection Agency to Jay Bortzer, Chief, Regulation Development Section, Air and Radiation Division, USEPA, Region 5, indicating that the effective date of the adjusted standard for Bema Film Systems, Inc. AS 00–11, is January 18, 2001, the date that AS 00–11 was adopted by the Illinois Pollution Control Board. (162) On March 28, 2001, Illinois submitted revisions to volatile organic compound rules for Vonco Products, Incorporated in Lake County, Illinois. The revisions consist of AS 00–12, an adjusted standard to the Flexographic Printing Rule, 35 IAC 218.401 (a), (b), and (c). The adjusted standard requirements include reducing the allotment baseline for the Illinois market-based emissions trading system, maintaining daily records, conducting trials of compliant inks, and reviewing alternate control technologies. (i) Incorporation by reference. AS 00–12, an adjusted standard from the Volatile Organic Compound emission limits applicable to Vonco Products, Inc. contained in Illinois Administrative Code Title 35: Environmental Regulations for the State of Illinois, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 218.401 (a), (b), and (c). Effective on January 18, 2001. (ii) Other material. (A) November 14, 2001, letter from Dennis A. Lawler, Manager, Division of Air Pollution Control, Illinois Environmental Protection Agency to Jay Bortzer, Chief, Regulation Development Section, Air and Radiation Division, USEPA, Region 5, indicating that the effective date of the adjusted standard for Vonco Products, Inc. AS 00–12, is January 18, 2001, the date that AS 00–12 was adopted by the Illinois Pollution Control Board. (163) [Reserved] (164) On October 9, 2001, the State of Illinois submitted new rules regarding emission tests. (i) Incorporation by reference. (A) New rules of 35 Ill. Admin. Code Part 283, including sections 283.110, 283.120, 283.130, 283.210, 283.220, 283.230, 283.240, and 283.250, effective September 11, 2000, published in the Illinois Register at 24 Ill. Reg. 14428. (B) Revised section 283.120 of 35 Ill. Admin. Code, correcting two typographical errors, effective September 11, 2000, published in the Illinois Register at 25 Ill. Reg. 9657. (165) On April 8, 1999, the Illinois Environmental Protection Agency submitted revisions to particulate matter control requirements for rural grain elevators in Illinois. The revised requirements exempt rural grain elevators from certain particulate matter control requirements. (i) Incorporation by reference. Revised grain elevator provisions in Section 9(f) of the Illinois Environmental Protection Act. Adopted by both Houses of the Illinois General Assembly as Public Act 89–491 (previously Senate Bill 1633) on April 25, 1996, approved by the Governor of Illinois on May 23, 1996, effective June 21, 1996. (166) On November 6, 2001, the State of Illinois submitted revisions to its emission reporting rules, restructuring these rules and adding hazardous air pollutant emission reporting for sources in Illinois' Emission Reduction Market System. (i) Incorporation by reference. (A) Revised rules of 35 Ill. Admin. Code Part 254, including new or amended sections 254.101, 254.102, 254.103, 254.120, 254.132, 254.134, 254.135, 254.136, 254.137, 254.138, 254.203, 254.204, 254.303, 254.306, and 254.501, effective July 17, 2001, retention of section 254.133, and the repeal of other previously approved sections of 35 Ill. Admin. Code 254. Amended or adopted at 25 Ill. Reg. 9856. Effective July 17, 2001. (167) On August 31, 1998, Illinois submitted revisions to its major stationary sources construction and modification rules (NSR Rules) as a State Implementation Plan revision request. These revisions apply only in areas in Illinois that have been designated as being in serious or severe nonattainment with the national ambient air quality standards for ozone. (i) Incorporation by reference. Illinois Administrative Code, Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter A: Permits and General Provisions, Part 203 Major Stationary Sources Construction and Modification, Subpart B: Major Stationary Sources in Nonattainment Areas, Section 203.206 Major Stationary Source and Section 203.207 Major Modification of a Source; and, Subpart C: Requirements for Major Stationary Sources in Nonattainment Areas, Section 203.301 Lowest Achievable Emissions Rate. Amended in R98–10 at 22 Ill. Reg. 5674, effective March 10, 1998. (168) On October 31, 2003, the Illinois Environmental Protection Agency submitted revisions to the Illinois State Implementation Plan for ozone. The submittal revises the definition for volatile organic material (VOM) or volatile organic compound (VOC) contained in 35 Ill. Adm. Code 211.7150 to incorporate an exemption for perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC–225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC–225cb); decafluoropentane (HFC 43–10mee); difluoromethane (HFC–32); ethylfluoride (HFC–161); 1,1,1,3,3,3-hexafluoropropane (HFC–236fa); 1,1,2,2,3-pentafluoropropane (HFC–245ca); 1,1,2,3,3-pentafluoropropane (HFC–245ea); 1,1,1,2,3-pentafluoropropane (HFC–245eb); 1,1,1,3,3-pentafluoropropane (HFC–245fa); 1,1,1,2,3,3-hexafluoropropane (HFC–236ea); 1,1,1,3,3-pentafluorobutane (HFC–365mfc); chlorofluoromethane (HCFC–31); 1,2-dichloro-1,1,2-trifluoroethane (HCFC–123a); 1-chloro-1-fluoroethane (HCFC–151a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane (C4F9OCH3); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5); and methyl acetate from the definition of VOM or VOC and thereby, from regulation as ozone precursors. (i) Incorporation by reference. (A) Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and Limitations for Stationary Sources, Part 211: Definitions and General Provisions, Subpart B: Definitions, Section 211.7150 Volatile Organic Material (VOM) or Volatile Organic Compound (VOC), amended at 22 Illinois Register 11405, effective June 22, 1998. (169) On June 20, 2003, Illinois submitted an Adjusted Standard for Ford Motor Company's Chicago Assembly Plant. This Adjusted Standard from 35 Ill.Adm. Code 218.986 replaces those requirements with the control requirements in the Illinois Pollution Control Board's November 21, 2002, Order. (i) Incorporation by reference. (A) The Illinois Pollution Control Board's November 21, 2002, Opinion and Order which granted the Ford Motor Company's Chicago Assembly Plant an adjusted standard (AS 02–3) from 35 Ill. ADM. Code 218.986. The requirements in 35 Ill. ADM. Code 218.986 have been replaced by the requirements in the Illinois Pollution Control Board's November 21, 2002, Order. (170) On May 28, 2003, Illinois submitted an amendment to its leather coating rules for the Horween Leather Company's Chicago leather manufacturing facility. This adds a test method in Section 218.112(a)(26) and a new Section 35 Ill. Adm. Code 218.929. These amendments were incorporated in the Illinois Pollution Control Board's February 20, 2003, Final Order R02–20. (i) Incorporation by reference. Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 218 Organic Material Emission Standards and Limitations for the Chicago Area. (A) Subpart A: General Provisions, Section 218.112 Incorporations by Reference, (a) American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428–9555, 26) ASTM D2099–00. Amended at 27 Ill. Reg. 7283, effective April 8, 2003. (B) Subpart PP: Miscellaneous Fabricated Product Manufacturing Processes, Section 218.929 Cementable and Dress or Performance Shoe Leather. Added at 27 Ill. Reg. 7283, effective April 8, 2003. (171) [Reserved] (172) On September 19, 2003, Illinois submitted a site-specific revision to the State Implementation Plan which relaxes the volatile organic material (VOM) content limit for the coating operations at Louis Berkman Company, d/b/a/ the Swenson Spreader Company's Lindenwood, Ogle County, Illinois facility from 3.5 pounds VOM per gallon to a monthly average of 4.75 pounds VOM per gallon until May 7, 2008. (i) Incorporation by reference. Order contained in a May 7, 1998, Opinion and Order of the Illinois Pollution Control Board, AS 97–5, effective May 7, 1998. (173) On March 11, 2004, Illinois submitted an Adjusted Standard for Argonne National Laboratory's degreasing operations. Pursuant to this Adjusted Standard from 35 Ill. Adm. Code 218.182, the applicable vapor pressure and other associated requirements of 35 Ill. Code 218.182 do not apply to cold cleaning involving the preparation of sample materials and associated apparatus used for research and development testing and analysis at Argonne. These revised requirements were adopted in the Illinois Pollution Control Board's December 18, 2003, Adjusted Standard AS 03–4. (i) Incorporation by reference. (A) The Illinois Pollution Control Board's December 18, 2003, Opinion and Order which granted the Argonne National Laboratory's degreasing operations an Adjusted Standard (AS 03–4) from 35 Ill. Code 218.182 for its cold cleaning involving the preparation of sample materials and associated apparatus used for research and development testing and analysis at Argonne. [37 FR 10862, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.720, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.721 Classification of regions. top The Illinois plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Burlington-Keokuk Interstate.............................. I I III III III East Central Illinois Intrastate.......................... III II III III III Metropolitan Chicago Interstate (Indiana-Illinois)........ I I I I I Metropolitan Dubuque Interstate........................... I III III III III Metropolitan Quad Cities Interstate....................... I III III III III Metropolitan St. Louis Interstate (Missouri-Illinois)..... I I III I I North Central Illinois Intrastate......................... II IA III III III Paducah (Kentucky)-Cairo (Illinois) Interstate............ I II III III III Rockford (Illinois)-Janesville-Beloit (Wisconsin) II III III III III Interstate............................................... Southeast Illinois Intrastate............................. III II III III III West Central Illinois Intrastate.......................... I IA III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10862, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 11493, Feb. 21, 1980] § 52.722 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approved Illinois' plan for the attainment and maintenance of the National Ambient Air Quality Standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plan satisfies all requirements of part D, title I of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980, for the sources covered by CTGs between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. (b) The Administrator finds that the transportation control plans for the East St. Louis and Chicago areas submitted on December 3, 1982, satisfy the related requirements of part D, title I of the Clean Air Act, as amended in 1977. (c) The Administrator finds that the carbon monoxide control strategy submitted on May 4, 1983, satisfies all requirements of part D, title I of the Clean Air Act, as amended in 1977, except for section 172(b)(6). [55 FR 40661, Oct. 4, 1990] § 52.723 [Reserved] top § 52.724 Control strategy: Sulfur dioxide. top (a) Part D—Conditional Approval—The Illinois plan is approved provided that the following condition is satisfied: (1) The plan includes a reanalysis of the Pekin, Illinois area, a submittal of the analysis results to USEPA, the proposal of any additional regulations to the Illinois Pollution Control Board necessary to insure attainment and maintenance of the sulfur dioxide standard, and the promulgation of any necessary regulations. The State must complete the reanalysis, submit the results to USEPA and submit any necessary, additional regulations to the Illinois Pollution Control Board by September 30, 1980. Any necessary regulation must be finally promulgated by the State and submitted to USEPA by September 30, 1981. (2) Extension of Condition—USEPA approves the date of July 1, 1984 for submitting the draft sulfur dioxide rule revisions and supporting documentation as required in (a)(1) for Peoria, Hollis and Groveland Townships in Illinois. The State must complete final rule adoption as expeditiously as possible but no later than December 31, 1985. (b) Part D—Disapproval—USEPA disapproves Rules 204(c)(1)(B), Rule 204(c)(1)(C), Rule 204(e)(1) and Rule 204(e)(2) for those sources for which these rules represent a relaxation of the federally enforceable State Implementation Plan. Rule 204(c)(1)(B), Rule 204(c)(1)(C), Rule 204(e)(1) and Rule 204(e)(2) are approved as not representing relaxations of the State Implementation Plan for the following sources: Sources of 10 Million Btu per Hour or More Not Increasing Allowable Sulfur Dioxide Emissions as a Result of Record Rules 204(c) and 204(e) Because New Allowable Emissions Rate is Same as or Less Than Old Allowable Rate Pounds per Hour (Pounds per Million Btu) ---------------------------------------------------------------------------------------------------------------- Emissions now Emissions allowable County Name formerly without new allowable permit \1\ application \2\ ---------------------------------------------------------------------------------------------------------------- Boone........................................ Chrysler............................. 1,760 (4.4) 1,760 (4.4) Champaign.................................... Chanute Air Base..................... 1,317 (3.0) 1,317 (3.0) Crawford..................................... CIPS................................. 8,242 (5.1) 8,242 (5.1) Douglas...................................... USI Chemicals........................ 8,022 (5.3) 8,022 (5.3) Fulton....................................... Freeman Coal......................... 22.2 (1.2) 22.2 (1.2) La Salle..................................... Del Monte............................ 296 (3.9) 296 (3.9) Massac....................................... EEI Joppa............................ 36,865 (3.6) 36,865 (3.6) Montgomery................................... CIPS................................. 55,555 (5.8) 55,555 (5.8) Morgan....................................... ......do............................. 24,000 (6.0) 20,800 (5.2) Putnam....................................... Illinois Power....................... 17,051 (5.8) 17,051 (5.8) Randolph..................................... ......do \3\......................... 81,339 (4.6) 81,339 (4.6) Rock Island.................................. International Harvester.............. 1,643 (4.35) 1,643 (4.35) Williamson................................... Marion Correctional.................. 396 (5.7) 396 (5.7) ---------------------------------------------------------------------------------------------------------------- \1\ 6.0 lbs/MMBTU of existing coal fired capacity or total 204(e)(2) emissions less actual oil fired and NSPS emissions, whichever is lower. \2\ Maximum allowable emissions for existing coal fired capacity according to revised rules 204(c) and 204(e) consolidated, usually equally equalling total emissions as given by 204(e)(2) less actual oil fired NSPS emissions. (In the one case wherein the new allowable limit is less than that given by 204(e)(2) the allowable emissions were determined by 204(e)(1) with which the source is required to comply.) \3\ Source is in compliance per 204(e)(3). CIPS=Central Illinois Public Service. EEI=Electric Energy Incorporated. This disapproval does not in and of itself result in the growth restrictions of section 110(a)(2)(1). (c) Disapproval—USEPA disapproves Rule 204(e)(4) as not being adequate to protect the NAAQS. This disapproval does not in and of itself result in the growth restrictions of section 110(a)(2)(I). (d) Disapproval—USEPA disapproves Rule 204(f)(1)(D) as completely deregulating SO2 emissions from existing processes without providing an assessment of the ambient air quality impact or a showing that increasing the allowable emissions from these sources will not cause or contribute to violations of the NAAQS or PSD increments. This disapproval does not in and of itself result in the growth restrictions of section 110(a)(2)(I). (e) Disapproval—USEPA disapproves Rule 204(h) for those sources for which USEPA has disapproved rules 204(c) and 204(e). This disapproval does not in and of itself result in the growth restrictions of section 110(a)(2)(I). (f) Approval—USEPA approves rule 204(e)(3) for those sources able to show that the proposed emission rate will not cause or contribute to a violation of the NAAQS. The State must submit these emission limitations, along with the technical support to USEPA for approval. (g) Part D—Approval—The State plan for Alton Township, Madison County, which consists of a federally Enforceable State Operating Permit controlling sulfur dioxide emissions from the boilers and reheat furnaces at Laclede Steel, which was submitted on November 18, 1993, is approved. (h) Approval—On November 10, 1994, the Illinois Environmental Protection Agency submitted a sulfur dioxide redesignation request and maintenance plan for Peoria and Hollis Townships in Peoria County and Groveland Township in Tazewell County to redesignate the townships to attainment for sulfur dioxide. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(d) of the Clean Air Act (Act) as amended in 1990. [45 FR 62806, 62809, Sept. 22, 1980, as amended at 50 FR 5250, Feb. 7, 1985; 59 FR 18753, Apr. 20, 1994; 60 FR 17001, Apr. 4, 1995] § 52.725 Control strategy: Particulates. top (a) [Reserved] (b) Part D—Disapproval. (1) U.S. EPA disapproves the provisions of Rule 203(f) which allow the use of an equivalent method without review and approval of that method. Any source subject to Rule 203(f) which chooses to use an equivalent method must have that equivalent method submitted to U.S. EPA and approved as a SIP revision. (2) U.S. EPA disapproves the following portions of Rule 203(d)(5) which regulate the control of particulate matter from specific sources within the iron and steel industry: Rule 205(d)(5)(B)(ii), Rule 205(d)(5)(B)(iii), Rule 205(d)(5)(D), and Rule 205(d)(5)(K). (3) USEPA disapproves a proposed SIP revision submitted by the State on May 12, 1982, in the form of a May 18, 1981 Consent Decree (Civil Action 81–3009) to which USEPA, Illinois Environmental Protection Agency and National Steel Corporation are parties and a draft Alternative Control Strategy Permit. This submission was modified by the State, September 30, 1982, with the submission of a separate document embodying the elements of the Alternative Control Strategy. This separate document was intended to become an enforceable part of the SIP. (c) Approval—On September 28, 1988, the State of Illinois submitted a committal SIP for particulate matter with an aerodynamic diameter equal to or less than 10 micrometers (PM10) for the Illinois Group II areas of concern in DuPage, Will, Rock Island, Macon, Randolph, and St. Clair Counties. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681. (d) Approval—On June 2, 1995, and January 9, 1996, the State of Illinois submitted a maintenance plan for the particulate matter nonattainment portion of LaSalle County, and requested that it be redesignated to attainment of the National Ambient Air Quality Standard for particulate matter. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. (e) Approval—On March 19, 1996, and October 15, 1996, Illinois submitted requests to redesignate the Granite City Particulate Matter (PM) nonattainment area to attainment status for the PM National Ambient Air Quality Standards (NAAQS), as well as a maintenance plan for the Granite City area to ensure continued attainment of the NAAQS. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. (f) On November 14, 1995, May 9, 1996, and June 14, 1996, the State of Illinois submitted State Implementation Plan (SIP) revision requests to meet commitments related to the conditional approval of Illinois' May 15, 1992, SIP submittal for the Lake Calumet (SE Chicago), McCook, and Granite City, Illinois, Particulate Matter (PM) nonattainment areas. The EPA is approving the SIP revision request as it applies to the McCook PM nonattainment area. For the McCook PM nonattainment area, all of the deficiencies of the May 15, 1992, submittal have been corrected. (g) Approval—On May 5, 1992, November 14, 1995, May 9, 1996, June 14, 1996, February 3, 1997, October 16, 1997, October 21, 1997, February 1, 1999, and May 19, 1999, Illinois submitted SIP revision requests to meet the Part D particulate matter (PM) nonattainment plan requirements for the Lake Calumet, Granite City and McCook moderate PM nonattainment areas. The submittals include federally enforceable construction permit, application number 93040047, issued on January 11, 1999, to Acme Steel Company. The part D plans for these areas are approved. (h) Approval—On August 2, 2005, the State of Illinois submitted a request to redesignate the Lyons Township (McCook), Cook County particulate matter nonattainment area to attainment of the NAAQS for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM–10). In its submittal, the State also requested that EPA approve the maintenance plan for the area into the Illinois PM SIP. The redesignation request and maintenance plan meet the redesignation requirements of the Clean Air Act. (i) Approval—On August 2, 2005, and as supplemented on September 8, 2005, the State of Illinois submitted a request to redesignate the Lake Calumet (Southeast Chicago), Cook County particulate matter nonattainment area to attainment of the NAAQS for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM–10). In its submittal, the State also requested that EPA approve the maintenance plan for the area into the Illinois PM SIP. The redesignation request and maintenance plan meet the redesignation requirements of the Clean Air Act. [45 FR 11493, Feb. 21, 1980, as amended at 46 FR 44185, Sept. 3, 1981; 47 FR 26620, June 21, 1982; 48 FR 45246, Oct. 4, 1983; 49 FR 1905, Jan. 16, 1984; 55 FR 20266, May 16, 1990; 61 FR 41345, Aug. 8, 1996; 63 FR 11846, Mar. 11, 1998; 63 FR 47434, Sept. 8, 1998; 64 FR 37851, July 14, 1999; 70 FR 55545, 55549, Sept. 22, 2005] § 52.726 Control strategy: Ozone. top (a) Part D—Conditional Approval—The Illinois plan is approved provided that the following conditions are satisfied: (1) [Reserved] (2) The State conducts a study to demonstrate that the 75 percent overall control efficiency requirement in Rule 205(n) represents RACT, submits the results of the study to USEPA, and submits any necessary regulations representing RACT to the Illinois Pollution Control Board. The State must comply with these conditions by February 28, 1981. Any necessary regulations must be finally promulgated by the State and submitted to USEPA by February 28, 1982. (3) Extension of Condition—USEPA approves the date of July 31, 1984 for the State of Illinois to satisfy the condition of approval to the ozone State Implementation Plan listed in paragraph (a)(2) of this section. (b) Disapproval—USEPA disapproves the compliance schedule in Rule 205(j) as it applies to loading rack controls for all emission sources subject to Rule 205(b)(1), as approved by USEPA on May 31, 1972 which were required to be in compliance by December 31, 1973. This disapproval does not in and of itself result in the growth restrictions of section 110(a)(2)(I). (c) Negative Declarations—Stationary Source Categories. The State of Illinois has certified to the satisfaction of USEPA that no sources are located in the nonattainment areas of the State which are covered by the following Control Technique Guidelines: (1) High density polyethylene and polypropylene manufacturers. (2) Vegetable oil processing sources with volatile organic compound emissions equal to or greater than 100 tons per year. (d) Part D Disapproval—The Administrator finds that Illinois' ozone plan for Cook, Lake, DuPage and Kane Counties, which was required to be submitted by July 1, 1982, does not satisfy all the requirements of Part D, Title I of the Clean Air Act and, thus, is disapproved. No major new stationary source, of major modification of a stationary source, or volatile organic compounds may be constructed in Cook, Lake, DuPage or Kane Counties, unless the construction permit application is complete on or before November 16, 1988. This disapproval does not affect USEPA's approval (or conditional approval) of individual parts of Illinois' ozone plan, and they remain approved. (e) Disapproval—The Administrator finds that the following State rules have not been demonstrated to be consistent with the reasonably available control technology requirements of section 172 of the Clean Air Act, as amended in 1977, and thus, are disapproved: subpart F, section 215.204(c); subpart F, section 215.206(b); subpart F, section 215.204(j)(4); subpart I; subpart AA; subpart PP; subpart QQ; subpart RR; subpart A, section 215.102; subpart T; subpart H, section 215.245; subpart F, section 215.207; and subpart A, section 215.107, all of title 35; Environmental Protection; subtitle B: Air Pollution; Chapter 1: Pollution Control Board of the Illinois Administrative Code (June 1989). (f) On September 30, 1992, the State submitted rules regulating volatile organic compound emissions from gasoline dispensing facilities' motor vehicle fuel operations (Stage II vapor recovery rules) in the Chicago ozone nonattainment area. The Illinois Environmental Protection Agency Bureau of Air must as part of the program conduct inspections of facilities subject to this rule to ensure compliance with the applicable rules. These inspections will be conducted on an annual basis or an alternative schedule as approved in the USEPA Fiscal Year Inspection Program Plan. (g) Approval—The Administrator approves the incorporation of the photochemical assessment ambient monitoring system submitted by Illinois on November 4, 1993, into the Illinois State Implementation Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State to provide for the establishment and maintenance of photochemical assessment monitoring stations (PAMS) by November 12, 1993. (h) Approval—On November 12, 1993, the Illinois Environmental Protection Agency submitted an ozone redesignation request and maintenance plan for Jersey County ozone nonattainment area and requested that Jersey County be redesignated to attainment for ozone. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(d) of the Act. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Illinois ozone State Implementation Plan for Jersey County. (i) The base year (1990) ozone emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for the following Illinois ozone nonattainment areas: the Chicago nonattainment area—Cook, DuPage, Kane, Lake, Will and McHenry Counties, Aux Sable and Gooselake Townships in Grundy County, and Oswego Township in Kendall County; the Metro-East St. Louis nonattainment area—Madison, Monroe, and St. Clair Counties; and Jersey County. (j) Approval—On July 14, 1994, Illinois submitted two of three elements required by section 182(d)(1)(A) of the Clean Air Amendments of 1990 to be incorporated as part of the vehicle miles traveled (VMT) State Implementation Plan intended to offset any growth in emissions from a growth in vehicle miles traveled. These elements are the offsetting of growth in emissions attributable to growth in VMT which was due November 15, 1992, and, transportation control measures (TCMs) required as part of Illinois' 15 percent reasonable further progress (RFP) plan which was due November 15, 1993. Illinois satisfied the first requirement by projecting emissions from mobile sources and demonstrating that no increase in emissions would take place. Illinois satisfied the second requirement by submitting the TCMs listed in Table 1 which are now approved into the Illinois SIP. Table 1 ---------------------------------------------------------------------------------------------------------------- SIP Project type Location description Completion status credit VOC tpd ---------------------------------------------------------------------------------------------------------------- RS/SIG MOD........................... Madison Street (Western Ave. to Done.................. 0.015400 Halsted Street). SIG COORD............................ Willow Road (Landwer Road to Shermer). Awarded............... 0.052000 SIG COORD............................ Rand Road (Baldwin Road to Kennicott). Awarded............... 0.052000 SIG COORD............................ Northwest Hwy (Potter Road to Awarded............... 0.030000 Cumberland Avenue). SIGS/SIG COORD....................... 159th Street (US 45 to 76th Ave & Awarded............... 0.030000 at 91st Avenue). SIG COORD............................ Harlem Ave. (71st St. to 92nd)........ Awarded............... 0.052000 SIG COORD............................ Harlem Ave. (99th Street to 135th St.) Awarded............... 0.052000 RECONST/SIGS/LTS..................... Archer Ave. (88th Ave to 65th St.).... Awarded............... 0.030000 SIG COORD............................ Ogden Ave. (N. Aurora Road to Naper Awarded............... 0.030000 Boulevard). SIG COORD............................ North Ave. (Tyler to Kautz)........... Awarded............... 0.030000 SIG COORD............................ Higgens Road (Il 72 at Il 31)......... Awarded............... 0.030000 SIG COORD............................ Sheridan Road (Il 173 to Wadsworth)... Awarded............... 0.030000 SIG COORD............................ Lagrange Road (Belmont to Lake St.)... Awarded............... 0.030000 SIG COORD............................ Dundee Road (Sanders Road to Skokie Awarded............... 0.052000 Valley Road). SIG COORD............................ Dundee Road (Buffalo Grove Road to Il Awarded............... 0.030000 21). INT IMP/SIG COORD.................... Golf Road (E. River Road to Washington Awarded............... 0.052000 Ave.). SIG COORD............................ Golf Road (Barrington to Roselle Road) Awarded............... 0.030000 SIG COORD............................ Higgins Road (Barrington to Roselle Awarded............... 0.030000 Road). SIG COORD............................ Joe Orr Road (Vincennes Ave. to Il 1). Awarded............... 0.030000 ---------------------------------------------------------------------------------------------------------------- Table 1 ---------------------------------------------------------------------------------------------------------------- Project type Location description Completion status SIP credit ---------------------------------------------------------------------------------------------------------------- SIG COORD/RS.......................... Crawford Ave. (93rd Street to 127th Awarded 0.052000 Street). SIG COORD............................. IL 53 (Briarcliff to South of I-55).... Done 0.030000 SIG COORD............................. Ogden Ave. (Oakwood Avenue to Fairview Awarded 0.019000 Avenue). SIG COORD............................. US 14 (Rohlwing Road to Wilke Road).... Awarded 0.030000 SIG COORD............................. US 30 (At Cottage Grove, Ellis St)..... Awarded 0.030000 SIG COORD............................. IL 53 (Modonough to Mills)............. Done 0.030000 SIG CONN.............................. Ogden Ave. (IL 43 to 31st Street)...... Awarded 0.013000 SIG CONN.............................. US 12 (Long Grove_Hicks Road).......... Awarded 0.055200 SIG CONN.............................. North Ave. (Oak Park to Ridgeland)..... Awarded 0.007000 SIG CONN.............................. Roosevelt Road (Westchester Bl_IL 43).. Awarded 0.137000 SIG CONN.............................. Depster St (Keeler to Crawford Ave.)... Awarded 0.010000 SIG CONN.............................. Arlington Hgts Rd. (Thomas to Central). Awarded 0.044000 SIG CONN.............................. Palatine Rd. (Shoenbeck to Wolf Roads). Awarded 0.042500 SIG CONN.............................. Western Ave. (US 30_Lakewood).......... Awarded 0.018900 RS/INT IMP............................ North Ave. (I-290 to IL 43)............ Awarded 0.056100 INT IMP............................... Plum Grove Rd. (At Higgins Road)....... Awarded 0.010700 INT IMP............................... St Street (At Illinois)................ Awarded 0.002700 RS/SIG MOD/INT IMP.................... Illinois/Grand (Kingsbury to Lake Shore Done 0.004200 Drive). ADD TURN LANES........................ York Rd. (Industrial to Grand Ave.).... Done 0.003800 SERVICE IMP........................... SW Route Lane Service.................. Scheduled 0.005516 SIG INTCONN........................... Washington Street...................... Scheduled 0.030370 SIG INTCONN........................... IL 59.................................. Scheduled 0.068650 ENGR.................................. Citywide_Naperville.................... ................... 0.086230 SIG INTCONN........................... Washington Street...................... Scheduled 0.008230 SIG INTCONN........................... Lewis Ave. (Yorkhousse to ILL 173)..... Scheduled 0.034600 SIG INTCONN........................... Schaumberg Rd. (Barrington to Scheduled 0.078080 Martingale). Vanpool Program (94 vehicles)......... Region-Wide Suburban................... Done 0.134000 Transp. Center........................ North West Cook County................. Done 0.032835 Transp. Center........................ Sears T.F.............................. Done 0.005805 Station............................... Clark/Lake............................. Done 0.010000 Station Recon......................... 18Th Douglas Line...................... Done 0.001500 Station Recon......................... Linden................................. Done 0.001500 Station Recon......................... Cottage Grove.......................... Done 0.001300 Com. Pkg.............................. Lisle.................................. Done 0.010177 Com. Pkg.............................. Jefferson Park......................... Done 0.000110 Com. Pkg.............................. Edison Park............................ Done 0.003614 Com. Pkg.............................. Palatine............................... Done 0.004336 Com. Pkg.............................. Central Street......................... Done 0.000519 Com. Pkg.............................. Palatine............................... Done 0.004890 Com. Pkg.............................. Crystal Lake........................... Done 0.034948 Com. Pkg.............................. 137Th/Riverdale........................ Done 0.004565 Com. Pkg.............................. River Forest........................... Done 0.000289 Com. Pkg.............................. 115Th/Kensington....................... Done 0.002795 Com. Pkg.............................. 119Th St............................... Done 0.004483 Com. Pkg.............................. Wilmette............................... Done 0.001587 Com. Pkg.............................. 111Th St............................... Done 0.000507 Com. Pkg.............................. Edison Park............................ Done 0.002371 Com. Pkg.............................. Joliet................................. Done 0.003967 Com. Pkg.............................. Hanover Park........................... Done 0.021799 Com. Pkg.............................. Bartlett............................... Done 0.008911 Com. Pkg.............................. Chicago Ridge.......................... Done 0.002159 Com. Pkg.............................. 103 Rd St.............................. Done 0.000675 Com. Pkg.............................. Elmhurst............................... Done 0.003857 Com. Pkg.............................. Bartlett............................... Done 0.009326 Com. Pkg.............................. Morton Grove........................... Done 0.001444 Com. Pkg.............................. Palatine............................... Done 0.003598 Com. Pkg.............................. Harvard................................ Done 0.006299 Com. Pkg.............................. Willow Springs......................... Done 0.001200 Com. Pkg.............................. Edgebrook.............................. Done 0.002240 Com. Pkg.............................. Bensenville............................ Done 0.002010 Com. Pkg.............................. Hanover Park........................... Done 0.015020 Com. Pkg.............................. Midlothian............................. Done 0.002570 Com. Pkg.............................. Route 59............................... Done 0.025020 Com. Pkg.............................. Lake Forest (West)..................... Done 0.013780 Com. Pkg.............................. Lombard................................ Done Com. Pkg.............................. Elmhurst............................... Done 0.001010 Com. Pkg.............................. Woodstock.............................. Done 0.019000 Com. Pkg.............................. University Park........................ Done 0.019950 Com. Pkg.............................. Grayslake.............................. Done 0.006210 Com. Pkg.............................. Oak Forest............................. Done 0.004260 Com. Pkg.............................. 91 St St............................... Done 0.003380 Com. Pkg.............................. Lockport............................... Done 0.007360 Com. Pkg.............................. Ravenswood............................. Done 0.000130 Com. Pkg.............................. Hickory Creek.......................... Done 0.060140 Com. Pkg.............................. Cary................................... Done 0.005980 Com. Pkg.............................. Blue Island............................ Done 0.019430 Com. Pkg.............................. Lemont................................. Done 0.016200 Com. Pkg.............................. Itasca................................. Done 0.003860 Com. Pkg.............................. Maywood................................ Done 0.000600 Com. Pkg.............................. Ivanhoe................................ Done 0.001960 Com. Pkg.............................. Ravinia................................ Done 0.003210 Com. Pkg.............................. Fox River Grove........................ Done 0.025170 Com. Pkg.............................. Medinah................................ Done 0.012250 Com. Pkg.............................. Hanover Park........................... Done 0.011840 Com. Pkg.............................. Worth.................................. Done 0.003530 Com. Pkg.............................. Roselle................................ Done 0.007710 Com. Pkg.............................. Crystal Lake........................... Done 0.015050 Com. Pkg.............................. Gresham................................ Done 0.000300 Com. Pkg.............................. Barrington............................. Done 0.002420 Rideshare Prog........................ Regionwide............................. Scheduled 0.040000 Rapid Transit Service................. Midway Airport......................... Done 0.220000 Transp. Center........................ Deerfield Lake-Cook.................... Done 0.004160 Station Recon......................... Davis St............................... Done 0.004000 Station Recon......................... Addison................................ Done 0.004000 Station Recon......................... King Drive............................. Done 0.003000 Station Recon......................... Washington/Wells....................... Done 0.003000 Com. Pkg.............................. Cary................................... Done 0.027910 Com. Pkg.............................. Morton Grove........................... Done 0.002460 Com. Pkg.............................. 80th Ave............................... Scheduled 0.043200 Com. Pkg.............................. Round Lake............................. Done 0.015150 Com. Pkg.............................. Grayslake.............................. Done 0.009170 Com. Pkg.............................. Ingleside.............................. Scheduled 0.005430 Com. Pkg.............................. Schamburg.............................. Scheduled 0.042090 Com. Pkg.............................. Oak Forest............................. Scheduled 0.004680 Com. Pkg.............................. Lake Cook.............................. Scheduled 0.026390 Com. Pkg.............................. Grayslake.............................. Scheduled 0.035290 ---------------------------------------------------------------------------------------------------------------- (k) Approval—EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT), new source review (NSR), vehicle inspection/maintenance (I/M), and general conformity exemptions for the Illinois portion of the Chicago-Gary-Lake County severe ozone nonattainment area as requested by the States of Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal. This approval does not cover the exemption of NOX transportation conformity requirements of section 176(c) for this area. Approval of these exemptions is contingent on the results of the final ozone attainment demonstration expected to be submitted in mid-1997. The approval will be modified if the final attainment demonstration demonstrates that NOX emission controls are needed in the nonattainment area to attain the ozone standard in the Lake Michigan Ozone Study modeling domain. (l) Approval—The United States Environmental Protection Agency is approving under section 182(b)(1) of the Clean Air Act the exemption of the Chicago severe, ozone nonattainment area from the build/no-build and less than-1990 interim transportation conformity oxides of nitrogen requirements as requested by the State of Illinois in a June 20, 1995 submittal. In light of the modeling completed thus far and considering the importance of the OTAG process and attainment plan modeling efforts, USEPA grants this NOX waiver on a contingent basis. As the OTAG modeling results and control recommendations are completed in 1996, this information will be incorporated into attainment plans being developed by the LADCO States. When these attainment plans are submitted to USEPA in mid-1997, these new modeling analyses will be reviewed to determine if the NOX waiver should be continued, altered, or removed. USEPA's rulemaking action to reconsider the initial NOX waiver may occur simultaneously with rulemaking action on the attainment plans. The USEPA also reserves the right to require NOX emission controls for transportation sources under section 110(a)(2)(D) of the Act if future ozone modeling demonstrates that such controls are needed to achieve the ozone standard in downwind areas. The Chicago severe ozone nonattainment area includes the Counties of Cook, DuPage, Grundy (Aux Sable and Gooselake Townships), Kane, Kendall (Oswego Township), Lake, McHenry, and Will. (m) [Reserved] (n) Negative declaration—Shipbuilding and ship repair industry. On October 11, 1996, the State of Illinois certified to the satisfaction of the United States Environmental Protection Agency that no major sources categorized as part of the shipbuilding and ship repair industry are located in the Chicago, Illinois ozone nonattainment area which is comprised of Cook, DuPage, Kane, Lake, McHenry, Will Counties and Aux Sable and Goose Lake Townships in Grundy County and Oswego Township in Kendall County or the Metro-East, Illinois ozone nonattainment area which is comprised of Madison, Monroe, and St. Clair Counties. (o) Negative declaration—Aerospace manufacturing and rework industry. On October 11, 1996, the State of Illinois certified to the satisfaction of the United States Environmental Protection Agency that no major sources categorized as part of the Aerospace Manufacturing and Rework Industry are located in the Chicago, Illinois ozone nonattainment area which is comprised of Cook, DuPage, Kane, Lake, McHenry, Will Counties and Aux Sable and Goose Lake Townships in Grundy County and Oswego Township in Kendall County or the Metro-East, Illinois ozone nonattainment area which is comprised of Madison, Monroe, and St. Clair Counties. (p) Approval—On November 15, 1993, Illinois submitted 15 percent rate-of-progress and 3 percent contingency plans for the Chicago ozone nonattainment area as a requested revision to the Illinois State Implementation Plan. These plans satisfy sections 182(b)(1), 172(c)(9), and 182(c)(9) of the Clean Air Act, as amended in 1990. (q) Approval—On November 15, 1993, Illinois submitted 15 percent rate-of-progress and 3 percent contingency plans for the Metro-East St. Louis ozone nonattainment area as a requested revision to the Illinois State Implementation Plan. These plans satisfy sections 182(b)(1) and 172(c)(9) of the Clean Air Act, as amended in 1990. (r) Approval—On November 15, 1993, Illinois submitted the following transportation control measures as part of the 15 percent rate-of-progress and 3 percent contingency plans for the Metro-East ozone nonattainment area: Work trip reductions; transit improvements; and traffic flow improvements. (s) On October 10, 1997, Illinois submitted a site-specific revision to the State Implementation Plan, in the form of a letter from Bharat Mathur, Chief, Bureau of Air, Illinois Environmental Protection Agency. This October 10, 1997, letter requests a change in regulatory status for Riverside Laboratories, Inc.'s Kane County facility, to reflect that the Federal site-specific rule for Riverside (40 CFR 52.741(e)(10)) has been superseded by the State of Illinois regulations, including the emission limits in 35 Illinois Administrative Code 218.204(c) and the associated control requirements, test methods and recordkeeping requirements in Part 218 and the associated definitions in part 211. These State regulations shall become the federally approved regulations applicable to Riverside on August 31, 1998. The site-specific rule, applicable to Riverside, promulgated by the Environmental Protection Agency on August 21, 1995 (40 CFR 52.741(e)(10)), remains in effect and is enforceable after August 31, 1998 for the period before August 31, 1998. (t) The Illinois volatile organic compound (VOC) rules that apply to the Stepan Company Millsdale Plant for volatile organic liquid storage (35 Ill. Admin. Code Part 218, Subpart B), batch processing (35 Ill. Admin. Code Parts 218 and 219, Subpart V) and continuous reactor and distillation processes (35 Ill. Admin. Code Part 218, Subpart Q) were approved by the United States Environmental Protection Agency (USEPA) on August 8, 1996, April 2, 1996, and June 17, 1997, respectively. Because these rules have been approved into the State Implementation Plan and represent reasonably available control technology for VOC, USEPA revokes the June 29, 1990 Federal Implementation Plan as it applies to Stepan and replaces it with Illinois' volatile organic liquid storage, batch process, and continuous reactor and distillation process rules. (u) Negative declaration—Industrial wastewater category. On October 2, 1998, the State of Illinois certified to the satisfaction of the United States Environmental Protection Agency that no major sources categorized as part of the Industrial wastewater category are located in the Metro-East ozone nonattainment area (Metro-East). The Metro-East area is comprised of Madison, Monroe and St. Clair Counties which are located in southwest Illinois, adjacent to St. Louis, Missouri. (v) Negative declaration—Industrial cleaning solvents category. On October 2, 1998, the State of Illinois certified to the satisfaction of the United States Environmental Protection Agency that no major sources categorized as part of the Industrial cleaning solvents category are located in the Metro-East ozone nonattainment area (Metro-East). The Metro-East area is comprised of Madison, Monroe and St. Clair Counties which are located in southwest Illinois, adjacent to St. Louis, Missouri. (w) Approval—On December 18, 1997, December 17, 1999, January 14, 2000, and January 21, 2000, Illinois submitted a post-1996 Rate Of Progress Plan for the Chicago ozone nonattainment area as a requested revision to the Illinois State Implementation Plan. This plan reduces ozone precursor emissions by 9 percent from 1990 baseline emissions by November 15, 1999. This plan also supports a mobile source emissions budget of 279.3 tons/day of volatile organic compounds for transportation conformity purposes. (x) Approval—On December 18, 1997, Illinois submitted a contingency measure plan as part of the Chicago Area post-1996 Rate of Progress Plan. This plan reduces volatile organic compound emissions in the Chicago ozone nonattainment area by 3 percent from 1990 baseline emissions by November 15, 1999. (y) Approval—On December 18, 1997, Illinois submitted Transportation Control Measures (TCMs) as part of the post-1996 Rate Of Progress Plan for the Chicago ozone nonattainment area. The TCMs being approved are listed in the following documents published by the Chicago Area Transportation Study: “Transportation Control Measures Contribution to the Post-1996 Rate-Of-Progress State Implementation Plan,” March 22, 1996; “Transportation Control Measures Contribution to the 9 percent Control Strategy State Implementation Plan,” June 11, 1998; and “1999 Transportation Control Measures Contribution to the 9 percent Rate of Progress Control Strategy State Implementation Plan,” December 9, 1999. (z) Negative declaration—Industrial cleaning solvents category. On December 23, 1999, the State of Illinois certified to the satisfaction of the United States Environmental Protection Agency that no major sources categorized as part of the industrial cleaning solvents category are located in the Chicago ozone nonattainment area. The Chicago ozone nonattainment area includes Cook County, DuPage County, Aux Sable and Goose Lake Townships in Grundy County, Kane County, Oswego Township in Kendall County, Lake County, McHenry County and Will County. (aa) Negative declaration—Industrial wastewater category. On December 23, 1999, the State of Illinois certified to the satisfaction of the United States Environmental Protection Agency that no major sources categorized as part of the Industrial Wastewater Category are located in the Chicago ozone nonattainment area. The Chicago ozone nonattainment area includes Cook County, DuPage County, Aux Sable and Goose Lake Townships in Grundy County, Kane County, Oswego Township in Kendall County, Lake County, McHenry County and Will County. (bb) Approval—Revisions to the SIP submitted by Illinois on November 15, 1999; February 10, 2000; April 13, 2001; and April 30, 2001. The revisions are for the purpose of satisfying the attainment demonstration requirements of section 182(c)(2)(A) of the Act for the Metro-East St. Louis area. The revision establishes an attainment date of November 15, 2004, for the St. Louis moderate ozone nonattainment area. This revision establishes MVEBs for 2004 of 26.62 TPD of VOC and 35.52 TPD of NOX to be used in transportation conformity in the Metro-East St. Louis area until revised budgets pursuant to MOBILE6 are submitted and found adequate. In the revision, Illinois commits to revise its VOC and NOX transportation conformity budgets within two years of the release of MOBILE6. No conformity determinations will be made during the second year following the release of MOBILE6 unless and until the MVEBs have been recalculated using MOBILE6 and found adequate by EPA. EPA is granting a waiver for the Metro East St. Louis area to the state of Illinois from the NOX RACT requirements of the Act and disapproving the request for a waiver from the NOX NSR and NOX general conformity requirements. EPA is finding that the Contingency Measures identified by Illinois are adequate to meet the requirements of the Act. EPA finds that the Illinois SIP meets the requirements pertaining to RACM under the Act for the Metro-East St. Louis area. (cc) Approval—Illinois has adopted and USEPA has approved sufficient NOX emission regulations to assure that it will achieve the level of NOX emissions budgeted for the State by USEPA. USEPA has made two minor budget revisions requested by Illinois, adding a boiler owned by LTV Steel and deleting a boiler owned by the University of Illinois from the inventory of large NOX sources. (dd) Chicago Ozone Attainment Demonstration Approval—On December 26, 2000, Illinois submitted a one-hour ozone attainment demonstration plan as a requested revision to the Illinois State Implementation Plan. This plan includes: A modeled demonstration of attainment and associated attainment year conformity emission budgets; a plan to reduce ozone precursor emissions by 3 percent per year from 2000 to 2007 (a post-1999 rate-of-progress plan), and associated conformity emission budgets; a contingency measures plan for both the ozone attainment demonstration and the post-1999 rate-of-progress plan; a commitment to conduct a Mid-Course Review of the ozone attainment demonstration by the end of 2004; a demonstration that Illinois has implemented all reasonably available control measures; and a commitment to revise motor vehicle emission budgets within two years after the U.S. Environmental Protection Agency officially releases the MOBILE6 emission factor model. (ee) Approval of the Maintenance Plan for the Illinois Portion of the St. Louis Area—On December 30, 2002 Illinois submitted Maintenance Plan for the Illinois portion of the St. Louis Nonattainment Area. The plan includes 2014 On-Road Motor Vehicle Emission Budget of 10.13 tons per ozone season weekday of VOCs and 18.72 tons per ozone season weekday NOX to be used in transportation conformity. (ff) Approval—On April 11, 2003, Illinois submitted a revision to the ozone attainment plan for the Chicago severe 1-hour ozone nonattainment area. This plan revised the 2005 and 2007 Motor Vehicle Emissions Budgets (MVEB) recalculated using the emissions factor model MOBILE6. The approved motor vehicle emissions budgets are 151.11 tons per day VOC for 2005 and 127.42 tons per day VOC and 280.4 tons per day NOX for 2007. [45 FR 55197, Aug. 19, 1980] Editorial Note: For Federal Register citations affecting §52.726, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.727 [Reserved] top § 52.728 Control strategy: Nitrogen dioxide. [Reserved] top § 52.729 Control strategy: Carbon monoxide. top The following source specific emission controls are approved: (a) Approval—On August 15, 1996, the Illinois Environmental Protection Agency requested that the Marathon Oil Company in Robinson, Illinois be granted a carbon monoxide (CO) state implementation plan (SIP) revision with specified conditions. This SIP revision limits the Marathon Oil Company's CO emissions from its fluid bed catalytic cracking unit CO boiler to be no more than 300 parts per million of CO corrected for 50 percent excess air beginning January 19, 1996, and ending August 4, 1997. The variance became effective January 19, 1996. The SIP revision request satisfies all applicable requirements of the Clean Air Act. (b) [Reserved] [62 FR 16705, Apr. 8, 1997] § 52.730 Compliance schedules. top (a) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. (b) Federal compliance schedules. (1) Except as provided in paragraph (b)(3) of this section, the owner or operator of any stationary source subject to the following emission limiting regulations in the Illinois implementation plan shall comply with the applicable compliance schedule in paragraph (b)(2) of this section: Illinois Air Pollution Control Regulations Rule 203(d)(4), 203(d)(6)(B)(ii)(bb), 203(g)(1)(B), 203(g)(2), 203(g)(3), 203(g)(4), 204(c)(1)(A), 204(c)(2), 204(d), and 204(e). (2) Compliance schedules. (i) The owner or operator of any stationary source subject to Illinois Air Pollution Control Regulation Rule 203(d)(4) shall take the following actions with respect to the source no later than the date specified. (a) September 30, 1973—Advertise for bids for purchase and construction or installation of equipment, or for materials requisite for process modification sufficient to control particulate emissions from the source. (b) November 15, 1973—Award contracts for emission control systems or process modification, or issue orders for the purchase of component parts to accomplish emission control or process modification. (c) May 31, 1974—Initiate onsite construction or installation of emission control system or process modification. (d) March 31, 1975—Complete onsite construction or installation of emission system or process modification. (e) May 31, 1975—Complete shakedown operation and performance test on source, submit performance test results to the Administrator; achieve full compliance with State agency regulation. (ii) The owner or operator of any stationary source subject to Illinois Air Pollution Control Regulation Rule 203(d)(6)(B)(ii)(bb) shall take the following actions with respect to the source no later than the date specified. (a) September 30, 1973—Advertise for bids for purchase and construction or for modification of equipment sufficient to control particulate emissions from the source. (b) November 15, 1973—Award contracts for emissions control systems or process modification, or issue orders for the purchase of component parts to accomplish emission control or process modification. (c) March 31, 1974—Initiate onsite construction or installation of emission control system. (d) October 31, 1974—Complete onsite construction or installation of emission control system. (e) December 31, 1974—Achieve final compliance with Illinois Air Pollution Control Regulations Rule 203(d)(6)(B)(ii)(bb). (iii) (a) The owner or operator of any boiler or furnace of more than 250 million BTU per hour heat input subject to Illinois Air Pollution Control Regulation Rule 204(c)(1)(A), 204(c)(2), 204(d), and 204(e) shall notify the Administrator, no later than October 1, 1973, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to the requirements of said regulation. (b) Any owner or operator of a stationary source subject to paragraph (b)(2)(iii)(a) of this section who elects to utilize low sulfur fuel shall take the following actions with respect to the source no later than the date specified. (1) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with Illinois Air Pollution Control Regulations Rule 204(c)(1)(A), 204(c)(2), 204(d), and 204(e) on May 31, 1975, and for at least one year thereafter. (2) December 31, 1973—Sign contracts with fuel suppliers for fuel requirements as projected above. (3) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (4) March 15, 1974—Let contracts for necessary boiler modifications, if applicable. (5) June 15, 1974—Initiate onsite modifications, if applicable. (6) March 31, 1975—Complete onsite modifications, if applicable. (7) May 31, 1975—Final compliance with the emission limitation of Rules 204(c)(1)(A), 204(c)(2), 204(d), and 204(e). (c) Any owner or operator of a fuel combustion source subject to paragraph (b)(2)(iii)(a) of this section who elects to utilize stack gas desulfurization shall take the following actions with respect to the source no later than the date specified. (1) November 1, 1973—Let necessary contracts for construction. (2) March 31, 1974—Initiate onsite construction. (3) March 31, 1975—Complete onsite construction. (4) May 31, 1975—Complete shakedown operations and performance test on source, submit performance test results to the Administrator; achieve full compliance with Rule 204(c)(1)(A), 204(c)(2), 204(d), and 204(e). (iv) (a) The owner or operator of any stationary source subject to Illinois Air Pollution Control Regulations Rule 203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4) shall notify the Administrator, no later than October 1, 1973, of his intent to utilize either low ash fuel or a stack gas cleaning system to meet the requirements of said regulation. (b) Any owner or operator of a stationary source subject to paragraph (b)(2)(iv)(a) of this section who elects to utilize low ash fuel shall take the following actions with respect to the source no later than the date specified. (1) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with Illinois Air Pollution Control Regulations Rule 203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4) on May 31, 1975, and for at least one year thereafter. (2) December 31, 1973—Sign contracts with fuel suppliers for fuel requirements as projected above. (3) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (4) March 15, 1974—Let contracts for necessary boiler modifications, if applicable. (5) June 15, 1974—Initiate onsite modifications, if applicable. (6) March 31, 1975—Complete onsite modifications, if applicable. (7) May 31, 1975—Final compliance with the emission limitation of Rule 203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4). (c) Any owner or operator of a stationary source subject to paragraph (b)(2)(iv)(a) of this section who elects to utilize a stack gas cleaning system shall take the following actions with respect to the source no later than the date specified. (1) January 15, 1974—Let necessary contracts for construction. (2) April 1, 1974—Initiate onsite construction. (3) April 1, 1975—Complete onsite construction. (4) May 31, 1975—Complete shakedown operations and performance tests on source, submit performance test results to the Administrator; achieve full compliance with Rule 203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4). (v) Ten days prior to the conduct of any performance test required by this paragraph, the owner or operator of the affected source shall give notice of such test to the Administrator to afford him the opportunity to have an observer present. (vi) Any owner or operator subject to a compliance schedule above shall certify to the Administrator, within five days after the deadline for each increment of progress in that schedule, whether or not the increment has been met. (3)(i) None of the above paragraphs shall apply to a source which is presently in compliance with applicable regulations and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification. (ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (4) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedules in paragraph (b)(2) of this section fail to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. (c) [Reserved] (d) The compliance schedules for the sources identified below are disapproved as not meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. ---------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date schedule adopted ---------------------------------------------------------------------------------------------------------------- christian county ---------------------------------------------------------------------------------------------------------------- Allied Mills, Inc.................... Taylorville............ 204(c)................. Feb. 28, 1973. ---------------------------------------------------------------------------------------------------------------- cook county ---------------------------------------------------------------------------------------------------------------- Harco Aluminum Inc................... Chicago................ 204(c)................. Dec. 9, 1973. J. L. Clark Manufacturing Co......... Downers Grove.......... 205(f)................. May 4, 1973. Johnson & Johnson................ Bedford Park........... 205(f)................. Jun. 20, 1973. Lloyd J. Harris Pie, Co. Inc......... Chicago................ 204(c)................. Feb. 27, 1973. Union Oil Co. of California.......... ......do............... 204(c)................. Jun. 19, 1973, (a) No. 10 boiler................... Dec. 13, 1973. (b) 11BIA crude heater.............. W. H. Hutchingson & Son, Inc..... ......do............... 205(f)................. Aug. 12, 1973. Western Rust Proof Co................ ......do............... 204(c)................. Oct. 10, 1973. Wheeler Uniform Service Inc.......... ......do............... 204(c)................. May 22, 1973. Wm. Yuenger Manufacturing Co......... ......do............... 204(c)................. Aug. 16, 1973. World's Finest Chocolate Inc......... ......do............... 204(c)................. May 30, 1973. ---------------------------------------------------------------------------------------------------------------- jackson county ---------------------------------------------------------------------------------------------------------------- Tuck Industries, Inc................. Carbondale............. 204(c)................. Jun. 20, 1973. ---------------------------------------------------------------------------------------------------------------- kane county ---------------------------------------------------------------------------------------------------------------- All Steel Equipment Corp............. Montgomery............. 204(f)................. July 24, 1973. Consolidated Food Inc................ Aurora................. 205(f)................. May 9, 1973. ---------------------------------------------------------------------------------------------------------------- lake county ---------------------------------------------------------------------------------------------------------------- Morton Manufacturing Co.............. Libertyville........... 205(f)................. Aug. 27, 1973. ---------------------------------------------------------------------------------------------------------------- la salle county ---------------------------------------------------------------------------------------------------------------- Allied Mills Inc..................... Mendota................ 204(c)................. May 28, 1973. ---------------------------------------------------------------------------------------------------------------- madison county ---------------------------------------------------------------------------------------------------------------- Clark Oil & Refining Corp........ Hartford............... 204(f)................. Feb. 22, 1973. Granite City Steel Co................ Granite City........... 203(d)(6).............. Apr. 25, 1972. (a) Coke oven pushing operations.... ....................... ....................... as amended. (b) Charging operations............. ....................... ....................... May 21, 1973. Illinois Power Company (Wood River E. Alton............... 204(c)................. May 1, 1973. Boiler No. 5). Owens-Illinois Inc................... Madison................ 204(c)................. May 2, 1973. Owen-Illinois Inc. (No. 2 Powerhouse) Alton.................. 204(c)................. Mar. 30, 1973. Shell Oil Co. (Cat. Cracker Units Roxana................. 203(b)................. Nov. 27, 1972. Nos. 1, 2). ---------------------------------------------------------------------------------------------------------------- randolf county ---------------------------------------------------------------------------------------------------------------- Chester Dairy Co..................... Chester................ 204(c)................. Aug. 6, 1973. ---------------------------------------------------------------------------------------------------------------- st. clair county ---------------------------------------------------------------------------------------------------------------- Lock Stove Co........................ East St. Louis......... 205(b)................. June 11, 1973. ---------------------------------------------------------------------------------------------------------------- tazewell county ---------------------------------------------------------------------------------------------------------------- Quaker Oats Co....................... Pekin.................. 204(c)................. May 24, 1973. ---------------------------------------------------------------------------------------------------------------- vermillion county ---------------------------------------------------------------------------------------------------------------- Lauhoff Grain Co..................... Danville............... 204(c)................. Mar. 31, 1973. ---------------------------------------------------------------------------------------------------------------- [38 FR 16145, June 20, 1973, as amended at 38 FR 22742, Aug. 23, 1973; 38 FR 24342, Sept. 7, 1973; 39 FR 28155, Aug. 5, 1974; 51 FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989] §§ 52.731-52.735 [Reserved] top § 52.736 Review of new sources and modifications. top (a) [Reserved] (b) The rules submitted by the State on March 24, 1988, to satisfy the requirements of the Clean Air Act are approved. These rules are part 203: Major Stationary Sources Construction and Modification as effective March 22, 1991. The moratorium on construction and modification of new sources in nonattainment areas as provided in section 110(a)(2)(I) of the Clean Air Act is revoked. [57 FR 59935, Dec. 17, 1992] § 52.737 Operating permits. top Emission limitation and other provisions contained in operating permits issued by the State in accordance with the provisions of the federally approved permit program shall be the applicable requirements of the federally approved Illinois SIP for the purpose of section 113 of the Clean Air Act and shall be enforceable by USEPA and by any person in the same manner as other requirements of the SIP. USEPA reserves the right to deem an operating permit not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the permit, permit approval procedures or permit requirements which do not conform with the operating permit program requirements or the requirements of USEPA's underlying regulations. [57 FR 59936, Dec. 17, 1992] § 52.738 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Illinois. (c) All applications and other information required pursuant to §52.21 from sources located in the State of Illinois shall be submitted to the Director of the Illinois Environmental Protection Agency, 2200 Churchill Road, Springfield, Illinois 62706 instead of the EPA Region V office. [45 FR 52741, Aug. 7, 1980, as amended at 46 FR 9584, Jan. 29, 1981; 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003] § 52.739 Permit fees. top (a) The requirements of section 110(a)(2)(K) of the Clean Air Act as amended in 1977 are not met since the state has not submitted to EPA, as a part of its State Implementation Plan, provisions for a permit fee system. [46 FR 23237, Apr. 24, 1981] § 52.740 Interstate pollution. top (a) The requirements of section 126(a)(2) of the Clean Air Act as amended in 1977 are not met since the state has not submitted to EPA, as a part of its State Implementation Plan, the procedures on which the state is relying to notify nearby states of any proposed major stationary source which may significantly contribute to levels of air pollution in excess of the National Ambient Air Quality Standards in that state. [46 FR 23237, Apr. 24, 1981] § 52.741 Control strategy: Ozone control measures for Cook, DuPage, Kane, Lake, McHenry and Will Counties. top (a) General Provisions—(1) Abbreviations and conversion factors. (i) The following abbreviations are used in §52.741: ASTM American Society for Testing and Materials bbl barrels (42 gallons) °C degrees Celsius or centigrade cm centimeters cu in. cubic inches °F degrees Fahrenheit FIP Federal implementation plan ft feet ft 2 square feet g grams gpm gallons per minute g/mole grams per mole gal gallons hr hours in inches K degrees Kelvin kcal kilocalories kg kilograms kg/hr kilograms per hour kPa kilopascals; one thousand newtons per square meter l liters l/sec liters per second lbs pounds lbs/hr pounds per hour lbs/gal pounds per gallon LEL lower explosive limit m meters m 2 square meters m 3 cubmic meters mg milligrams Mg Megagrams, metric tons or tonnes ml milliliters min minutes MJ megajoules mm Hg millimeters of mercury ppm parts per million ppmv parts per million by volume psi pounds per square inch psia pounds per square inch absolute psig pounds per square inch gauge scf standard cubic feet scm standard cubic meters sec seconds SIP State implementation plan sq cm square centimeters sq in square inches USEPA United States Environmental Protection Agency VOC volatile organic compounds VOL volatile organic liquids VOM volatile organic materials (ii) The following conversion factors are used in §52.741. English Metric 1 gal 3.785 l. 1,000 gal 3,785 l or 3.785 m\3\. 1 psia 6.897 kPa (51.71 mm Hg). 2.205 lbs 1 kg. 1 bbl 159.0 l. 1 cu in 16.39 ml. 1 lb/gal 119,800 mg/l. 1 ton 0.907 Mg. (2) Applicability. (i) Any source that received a stay, as indicated in §218.103(a)(2), remains subject to the stay if still in effect, or (if the stay is no longer in effect) the federally-promulgated or federally-approved rule applicable to such source. (ii)(A) Effective November 20, 1996 Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 211: Definitions and General Provisions, and Part 218: Organic Material Emission Standards and Limitations for the Chicago Area replace the requirements of 40 CFR 52.741 Control strategy: Ozone control measures for Cook, DuPage, Kane, Lake, McHenry and Will County as the federally enforceable control measures in these counties for the major non-Control Technique Guideline (CTG) sources in the Chicago area, previously subject to paragraph u, v, w, or x because of the applicability criteria in these paragraphs. (B) In accordance with §218.101(b), for the major non-CTG sources subject to paragraphs u, v, w, or x because of the applicability criteria of those paragraphs, the requirements of paragraphs u, v, w, and x, and the recordkeeping requirements in paragraph y and any related parts of §52.741 necessary to implement these paragraphs (including, but not limited to, those paragraphs containing test methods and definitions), shall remain in effect and are enforceable after November 20, 1996 for the period from July 30, 1990 until November 20, 1996. (iii)(A) Except as provided in paragraphs (a)(2) (i) and (ii) of this section, effective October 11, 1994, Illinois Administrative Code Title 35: Environmental Protection, Subtitle B: Air pollution, Chapter I: Pollution Control Board, Subchapter c: Emissions Standards and Limitations for Stationary Sources, Part 211: Definitions and General Provisions, and Part 218: Organic Material Emission Standards and Limitations for the Chicago Area replace the requirements of this §52.741 Control strategy: Ozone control measures for Cook, DuPage, Kane, Lake, McHenry and Will County as the federally enforceable control measures in these counties. (B) In accordance with §218.101(b), the requirements of §52.741 shall remain in effect and are enforceable after October 11, 1994, for the period from July 30, 1990, to October 11, 1994. (3) Definitions. The following terms are defined for the purpose of §52.741. Note: The Federal definitions supersede the State definitions for these terms, which were previously approved by USEPA as part of the SIP. The federally approved definitions for all other terms remain in effect and applicable to these Federal rules. Accelacota means a pharmaceutical coating operation which consists of a horizontally rotating perforated drum in which tablets are placed, a coating is applied by spraying, and the coating is dried by the flow of air across the drum through the perforations. Accumulator means the reservoir of a condensing unit receiving the condensate from a surface condenser. Actual emissions means the actual quantity of VOM emissions from an emission source during a particular time period. Adhesive means any substance or mixture of substances intended to serve as a joining compound. Administrator means the Administrator of the USEPA or that person's designee. Afterburner means a control device in which materials in gaseous effluent are combusted. Air contaminant means any solid, liquid, or gaseous matter, any odor, or any form of energy, that is capable of being released into the atmosphere from an emission source. Air dried coatings means any coatings that dry by use of air or forced air at temperatures up to 363.15 K (194 °F). Air pollution means the presence in the atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant, or animal life, to health, or to property, or to unreasonably interfere with the enjoyment of life or property. Air pollution control equipment means any equipment or facility of a type intended to eliminate, prevent, reduce or control the emission of specified air contaminants to the atmosphere. Air suspension coater/dryer means a pharmaceutical coating operation which consists of vertical chambers in which tablets or particles are placed, and a coating is applied and then dried while the tablets or particles are kept in a fluidized state by the passage of air upward through the chambers. Air-assisted airless spray means a spray coating method which combines compressed air with hydraulic pressure to atomize the coating material into finer droplets than is achieved with pure airless spray. Lower hydraulic pressure is used than with airless spray. Airless spray means a spray coating method in which the coating is atomized by forcing it through a small opening at high pressure. The coating liquid is not mixed with air before exiting from the nozzle. Allowable emissions means the quantity of VOM emissions during a particular time period from a stationary source calculated using the maximum rated capacity of the source (unless restricted by federally enforceable limitations on operating rate, hours of operation, or both) and the most stringent of: (A) The applicable standards in 40 CFR parts 60 and 61: (B) The applicable implementation plan; or (C) A federally enforceable permit. Ambient air quality standards means those standards designed to protect the public health and welfare codified in 40 CFR part 50 and promulgated from time to time by the USEPA pursuant to authority contained in Section 108 of the Clean Air Act, 42 U.S.C. 7401 et seq., as amended from time to time. Applicator means a device used in a coating line to apply coating. As applied means the exact formulation of a coating during application on or impregnation into a substrate. Asphalt means the dark-brown to black cementitious material (solid, semisolid, or liquid in consistency) of which the main constituents are bitumens which occur naturally or as a residue of petroleum refining. Automobile means a motor vehicle capable of carrying no more than 12 passengers. Automobile or light-duty truck assembly plant means a facility where parts are assembled or finished for eventual inclusion into a finished automobile or light-duty truck ready for sale to vehicle dealers, but not including customizers, body shops, and other repainters. Automobile or light-duty truck refinishing means the repainting of used automobiles and light-duty trucks. Baked coatings means any coating which is cured or dried in an oven where the oven air temperature exceeds 90 °C (194 °F). Binders means organic materials and resins which do not contain VOM's. Bituminous coatings means black or brownish coating materials which are soluble in carbon disulfide, which consist mainly of hydrocarbons, and which are obtained from natural deposits or as residues from the distillation of crude oils or of low grades of coal. Brush or wipe coating means a manual method of applying a coating using a brush, cloth, or similar object. Bulk gasoline plant means a gasoline storage and distribution facility with an average throughput of 76,000 l (20,000 gal) or less on a 30-day rolling average that distributes gasoline to gasoline dispensing facilities. Can means any metal container, with or without a top, cover, spout or handles, into which solid or liquid materials are packaged. Can coating means any coating applied on a single walled container that is manufactured from metal sheets thinner than 29 gauge (0.0141 in.). Can coating facility means a facility that includes one or more can coating line(s). Can coating line means a coating line in which any protective, decorative, or functional coating is applied onto the surface of cans or can components. Capture means the containment or recovery of emissions from a process for direction into a duct which may be exhausted through a stack or sent to a control device. The overall abatement of emissions from a process with an add-on control device is a function both of the capture efficiency and of the control device. Capture device means a hood, enclosed room floor sweep or other means of collecting solvent or other pollutants into a duct. The pollutant can then be directed to a pollution control device such as an afterburner or carbon adsorber. Sometimes the term is used loosely to include the control device. Capture efficiency means the fraction of all VOM generated by a process that are directed to an abatement or recovery device. Capture system means all equipment (including, but not limited to, hoods, ducts, fans, ovens, dryers, etc.) used to contain, collect and transport an air pollutant to a control device. Clean Air Act means the Clean Air Act of 1963, as amended, including the Clean Air Act Amendments of 1977, (42 U.S.C. 7401 et seq.). Clear coating means coatings that lack color and opacity or are transparent using the undercoat as a reflectant base or undertone color. Clear topcoat means the final coating which contains binders, but not opaque pigments, and is specifically formulated to form a transparent or translucent solid protective film. Closed vent system means a system that is not open to the atmosphere and is composed of piping, connections, and, if necessary, flow inducing devices that transport gas or vapor from an emission source to a control device. Coating means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers, adhesives, thinners, diluents, and inks. Coating applicator means equipment used to apply a coating. Coating line means an operation consisting of a series of one or more coating applicators and any associated flash-off areas, drying areas, and ovens wherein a surface coating is applied, dried, or cured. (It is not necessary for an operation to have an oven, or flash-off area, or drying area to be included in this definition.) Coating plant means any plant that contains one or more coating line(s). Coil means any flat metal sheet or strip that is rolled or wound in concentric rings. Coil coating means any coating applied on any flat metal sheet or strip that comes in rolls or coils. Coil coating facility means a facility that includes one or more coil coating line(s). Coil coating line means a coating line in which any protective, decorative or functional coating is applied onto the surface of flat metal sheets, strips, rolls, or coils for industrial or commercial use. Cold cleaning means the process of cleaning and removing soils from surfaces by spraying, brushing, flushing, or immersion while maintaining the organic solvent below its boiling point. Wipe cleaning is not included in this definition. Component means, with respect to synthetic organic chemical and polymer manufacturing equipment, and petroleum refining and related industries, any piece of equipment which has the potential to leak VOM including, but not limited to, pump seals, compressor seals, seal oil degassing vents, pipeline valves, pressure relief devices, process drains, and open ended pipes. This definition excludes valves which are not externally regulated, flanges, and equipment in heavy liquid service. For purposes of paragraph (i) of this section, this definition also excludes bleed ports of gear pumps in polymer service. Concrete curing compounds means any coating applied to freshly poured concrete to retard the evaporation of water. Condensate means volatile organic liquid separated from its associated gases, which condenses due to changes in the temperature or pressure and remains liquid at standard conditions. Continuous process means, with respect to polystyrene resin, a method of manufacture in which the styrene raw material is delivered on a continuous basis to the reactor in which the styrene is polymerized to polystyrene. Control device means equipment (such as an afterburner or adsorber) used to remove or prevent the emission of air pollutants from a contaminated exhaust stream. Control device efficiency means the ratio of pollution prevented by a control device and the pollution introduced to the control device, expressed as a percentage. Conveyorized degreasing means the continuous process of cleaning and removing soils from surfaces utilizing either cold or vaporized solvents. Crude oil means a naturally occurring mixture which consists of hydrocarbons and sulfur, nitrogen, or oxygen derivatives of hydrocarbons and which is a liquid at standard conditions. Crude oil gathering means the transportation of crude oil or condensate after custody transfer between a production facility and a reception point. Custody transfer means the transfer of produced petroleum and/or condensate after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation. Daily-weighted average VOM content means the average VOM content of two or more coatings as applied on a coating line during any day, taking into account the fraction of total coating volume that each coating represents, as calculated with the following equation: Where: VOMw=The average VOM content of two or more coatings as applied each day on a coating line in units of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds which are specifically exempted from the definition of VOM), n=The number of different coatings as applied each day on a coating line, Vi=The volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on a coating line in units of l (gal). Ci=The VOM content of each coating as applied each day on a coating line in units of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds which are specifically exempted from the definition of VOM), and VT=The total volume of all coatings (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on a coating line in units of l (gal). Day means the consecutive 24 hours beginning at 12 a.m. (midnight) local time. Degreaser means any equipment or system used in solvent cleaning. Delivery vessel means any tank truck or trailer equipped with a storage tank that is used for the transport of gasoline to a stationary storage tank at a gasoline dispensing facility, bulk gasoline plant, or bulk gasoline terminal. Dip coating means a method of applying coatings in which the part is submerged in a tank filled with the coating. Drum means any cylindrical metal shipping container of 13- to 110-gallon capacity. Electrostatic bell or disc spray means an electrostatic spray coating method in which a rapidly-spinning bell- or disc-shaped applicator is used to create a fine mist and apply the coating with high transfer efficiency. Electrostatic spray means a spray coating method in which opposite electrical charges are applied to the substrate and the coating. The coating is attracted to the object due to the electrostatic potential between them. Emission source and source mean any facility from which VOM is emitted or capable of being emitted into the atmosphere. Enamel means a coating that cures by chemical cross-linking of its base resin. Enamels can be distinguished from lacquers because enamels are not readily resoluble in their original solvent. Enclose means to cover any VOL surface that is exposed to the atmosphere. End sealing compound coat means a compound applied to can ends which functions as a gasket when the end is assembled onto the can. Excessive release means a discharge of more than 295 g (0.65 lbs) of mercaptans and/or hydrogen sulfide into the atmosphere in any 5-minute period. Exterior base coat means a coating applied to the exterior of a can body, or flat sheet to provide protection to the metal or to provide background for any lithographic or printing operation. Exterior end coat means a coating applied to the exterior end of a can to provide protection to the metal. External-floating roof means a cover over an open top storage tank consisting of a double deck or pontoon single deck which rests upon and is supported by the volatile organic liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. Extreme environmental conditions means exposure to any or all of the following: ambient weather conditions; temperatures consistently above 95 °C (203 °F); detergents; abrasive and scouring agents; solvents; or corrosive atmospheres. Extreme performance coating means any coating which during intended use is exposed to extreme environmental conditions. Fabric coating means any coating applied on textile fabric. Fabric coating includes the application of coatings by impregnation. Fabric coating facility means a facility that includes one or more fabric coating lines. Fabric coating line means a coating line in which any protective, decorative, or functional coating or reinforcing material is applied on or impregnated into a textile fabric. Federally enforceable means all limitations and conditions which are enforceable by the Administrator including those requirements developed pursuant to 40 CFR parts 60 and 61; requirements within any applicable implementation plan; and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51 subpart I and 40 CFR 51.166. Final repair coat means the repainting of any topcoat which is damaged during vehicle assembly. Firebox means the chamber or compartment of a boiler or furnace in which materials are burned, but not the combustion chamber or afterburner of an incinerator. Fixed-roof tank means a cylindrical shell with a permanently affixed roof. Flexographic printing means the application of words, designs, and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of elastomeric materials. Flexographic printing line means a printing line in which each roll printer uses a roll with raised areas for applying an image such as words, designs, or pictures to a substrate. The image carrier on the roll is made of rubber or other elastome Floating roof means a roof on a stationary tank, reservoir, or other container which moves vertically upon change in volume of the stored material. Fountain solution means the solution which is applied to the image plate to maintain hydrophilic properties of the non-image areas. Fuel combustion emission source means any furnace, boiler, or similar equipment used for the primary purpose of producing heat or power by indirect heat transfer. Fuel gas system means a system for collection of refinery fuel gas including, but not limited to, piping for collecting tail gas from various process units, mixing drums and controls, and distribution piping. Gas/gas method means either of two methods for determining capture which rely only on gas phase measurements. The first method requires construction of a temporary total enclosure (TTE) to ensure that all would-be fugitive emissions are measured. The second method uses the building or room which houses the facility as an enclosure. The second method requires that all other VOM sources within the room be shut down while the test is performed, but all fans and blowers within the room must be operated according to normal procedures. Gas service means that the component contains process fluid that is in the gaseous state at operating conditions. Gasoline means any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 27.6 kPa or greater which is used as a fuel for internal combustion engines. Gasoline dispensing facility means any site where gasoline is transferred from a stationary storage tank to a motor vehicle gasoline tank used to provide fuel to the engine of that motor vehicle. Gross vehicle weight means the manufacturer's gross weight rating for the individual vehicle. Gross vehicle weight rating means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle. Heated airless spray means an airless spray coating method in which the coating is heated just prior to application. Heatset means a class of web-offset lithography which requires a heated dryer to solidify the printing inks. Heatset-web-offset lithographic printing line means a lithographic printing line in which a blanket cylinder is used to transfer ink from a plate cylinder to a substrate continuously fed from a roll or an extension process and an oven is used to solidify the printing inks. Heavy liquid means liquid with a true vapor pressure of less than 0.3 kPa (0.04 psi) at 294.3 K (70 °F) established in a standard reference text or as determined by ASTM method D2879–86 (incorporated by reference as specified in 40 CFR 52.742); or which has 0.1 Reid Vapor Pressure as determined by ASTM method D323–82 (incorporated by reference as specified in 40 CFR 52.742); or which when distilled requires a temperature of 421.95 K (300 °F) or greater to recover 10 percent of the liquid as determined by ASTM method D86–82 (incorporated by reference as specified in 40 CFR 52.742). Heavy off-highway vehicle products means, for the purpose of paragraph (e) of this section, heavy construction, mining, farming, or material handling equipment; heavy industrial engines; diesel-electric locomotives and associated power generation equipment; and the components of such equipment or engines. Heavy off-highway vehicle products coating facility means a facility that includes one or more heavy off-highway vehicle products coating line(s). Heavy off-highway vehicle products coating line means a coating line in which any protective, decorative, or functional coating is applied onto the surface of heavy off-highway vehicle products. High temperature aluminum coating means a coating that is certified to withstand a temperature of 537.8 °C (1000 °F) for 24 hours. Hood means a partial enclosure or canopy for capturing and exhausting, by means of a draft, the organic vapors or other fumes rising from a coating process or other source. Hood capture efficiency means the emissions from a process which are captured by the hood and directed into a control device, expressed as a percentage of all emissions. Hot well means the reservoir of a condensing unit receiving the condensate from a barometric condenser. Hour means a block period of 60 minutes (e.g., 1 a.m. to 2 a.m.). In vacuum service means, for the purpose of paragraph (i) of this section, equipment which is operating at an internal pressure that is at least 5 kPa (0.73 psia) below ambient pressure. In-process tank means a container used for mixing, blending, heating, reacting, holding, crystallizing, evaporating or cleaning operations in the manufacture of pharmaceuticals. Incinerator means a combustion apparatus in which refuse is burned. Indirect heat transfer means transfer of heat in such a way that the source of heat does not come into direct contact with process materials. Ink means a coating used in printing, impressing, or transferring an image onto a substrate. Interior body spray coat means a coating applied by spray to the interior of a can body. Internal-floating roof means a cover or roof in a fixed-roof tank which rests upon and is supported by the volatile organic liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. Lacquers means any clear wood finishes formulated with nitrocellulose or synthetic resins to dry by evaporation without chemical reaction, including clear lacquer sanding sealers. Large appliance means any residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dish washers, trash compactors, air conditioners, and other similar products. Large appliance coating means any coating applied to the component metal parts (including, but not limited to, doors, cases, lids, panels, and interior support parts) of residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dish washers, trash compactors, air conditioners, and other similar products. Large appliance coating facility means a facility that includes one or more large appliance coating line(s). Large appliance coating line means a coating line in which any protective, decorative, or functional coating is applied onto the surface of large appliances. Light liquid means VOM in the liquid state which is not defined as heavy liquid. Light-duty truck means any motor vehicle rated at 3,850 kg gross vehicle weight or less, designed mainly to transport property. Liquid/gas method means either of two methods for determining capture which require both gas phase and liquid phase measurements and analysis. The first method requires construction of a TTE. The second method uses the building or room which houses the facility as an enclosure. The second method requires that all other VOM sources within the room be shut down while the test is performed, but all fans and blowers within the room must be operated according to normal procedures. Liquid service means that the equipment or component contains process fluid that is in a liquid state at operating conditions. Lithographic printing line means a printing line, except that the substrate is not necessarily fed from an unwinding roll, in which each roll printer uses a roll where both the image and non-image areas are essentially in the same plane (planographic). Magnet wire means aluminum or copper wire formed into an electromagnetic coil. Magnet wire coating means any coating or electrically insulating varnish or enamel applied to magnet wire. Magnet wire coating facility means a facility that includes one or more magnet wire coating line(s). Magnet wire coating line means a coating line in which any protective, decorative, or functional coating is applied onto the surface of a magnet wire. Malfunction means any sudden and unavoidable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions. Manufacturing process means a method whereby a process emission source or series of process emission sources is used to convert raw materials, feed stocks, subassemblies, or other components into a product, either for sale or for use as a component in a subsequent manufacturing process. Maximum theoretical emissions means the quantity of volatile organic material emissions that theoretically could be emitted by a stationary source before add-on controls based on the design capacity or maximum production capacity of the source and 8760 hours per year. The design capacity or maximum production capacity includes use of coating(s) or ink(s) with the highest volatile organic material content actually used in practice by the source. Metal furniture means a furniture piece including, but not limited to, tables, chairs, waste baskets, beds, desks, lockers, benches, shelving, file cabinets, lamps, and room dividers. Metal furniture coating means any non-adhesive coating applied to any furniture piece made of metal or any metal part which is or will be assembled with other metal, wood, fabric, plastic or glass parts to form a furniture piece including, but not limited to, tables, chairs, waste baskets, beds, desks, lockers, benches, shelving, file cabinets, lamps, and room dividers. This definition shall not apply to any coating line coating miscellaneous metal parts or products. Metal furniture coating facility means a facility that includes one or more metal furniture coating line(s). Metal furniture coating line means a coating line in which any protective, decorative, or functional coating is applied onto the surface of metal furniture. Metallic shoe-type seal means a primary or secondary seal constructed of metal sheets (shoes) which are joined together to form a ring, springs, or levers which attach the shoes to the floating roof and hold the shoes against the tank wall, and a coated fabric which is suspended from the shoes to the floating roof. Miscellaneous fabricated product manufacturing process means: (A) A manufacturing process involving one or more of the following applications, including any drying and curing of formulations, and capable of emitting VOM: (1) Adhesives to fabricate or assemble components or products. (2) Asphalt solutions to paper or fiberboard. (3) Asphalt to paper or felt. (4) Coatings or dye to leather. (5) Coatings to plastic. (6) Coatings to rubber or glass. (7) Disinfectant material to manufactured items. (8) Plastic foam scrap or “fluff” from the manufacture of foam containers and packaging material to form resin pallets. (9) Resin solutions to fiber substances. (10) Viscose solutions for food casings. (B) The storage and handling of formulations associated with the process described above, and the use and handling of organic liquids and other substances for clean-up operations associated with the process described in this definition. Miscellaneous formulation manufacturing process means: (A) A manufacturing process which compounds one or more of the following and is capable of emitting VOM: (1) Adhesives. (2) Asphalt solutions. (3) Caulks, sealants, or waterproofing agents. (4) Coatings, other than paint and ink. (5) Concrete curing compounds. (6) Dyes. (7) Friction materials and compounds. (8) Resin solutions. (9) Rubber solutions. (10) Viscose solutions. (B) The storage and handling of formulations associated with the process described above, and the use and handling of organic liquids and other substances for clean-up operations associated with the process described in this definition. Miscellaneous metal parts or products means any metal part or metal product, even if attached to or combined with a nonmental part or product, except cans, coils, metal furniture, large appliances, magnet wire, automobiles, ships, and airplane bodies. Miscellaneous metal parts and products coating means any coating applied to any metal part or metal product, even if attached to or combined with a nonmetal part or product, except cans, coils, metal furniture, large appliances, and magnet wire. Prime coat, prime surfacer coat, topcoat, and final repair coat for automobiles and light-duty trucks are not miscellaneous metal parts and products coatings. However, underbody anti-chip (e.g., underbody plastisol) automobile, and light-duty truck coatings are miscellaneous metal parts and products coatings. Also, automobile or light-duty truck refinishing coatings, coatings applied to the exterior of marine vessels, coatings applied to the exterior of airplanes, and the customized topcoating of automobiles and trucks if production is less than 35 vehicles per day are not miscellaneous metal parts and products coatings. Miscellaneous metal parts or products coating facility means a facility that includes one or more miscellaneous metal parts or products coating lines. Miscellaneous metal parts or products coating line means a coating line in which any protective, decorative, or functional coating is applied onto the surface of miscellaneous metal parts or products. Miscellaneous organic chemical manufacturing process means: (A) A manufacturing process which produces by chemical reaction, one or more of the following organic compounds or mixtures of organic compounds and which is capable of emitting VOM: (1) Chemicals listed in appendix A of this section. (2) Chlorinated and sulfonated compounds. (3) Cosmetic, detergent, soap, or surfactant intermediaries or specialties and products. (4) Disinfectants. (5) Food additives. (6) Oil and petroleum product additives. (7) Plasticizers. (8) Resins or polymers. (9) Rubber additives. (10) Sweeteners. (11) Varnishes. (B) The storage and handling of formulations associated with the process described above and the use and handling of organic liquids and other substances for clean-up operations associated with the process described in this definition. Monitor means to measure and record. Multiple package coating means a coating made from more than one different ingredient which must be mixed prior to using and has a limited pot life due to the chemical reaction which occurs upon mixing. Offset means, with respect to printing and publishing operations, use of a blanket cylinder to transfer ink from the plate cylinder to the surface to be printed. Opaque stains means all stains that are not semi-transparent stains. Open top vapor depressing means the batch process of cleaning and removing soils from surfaces by condensing hot solvent vapor on the colder metal parts. Open-ended valve means any valve, except pressure relief devices, having one side of the valve in contact with process fluid and one side open to the atmosphere, either directly or through open piping. Organic compound means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate. Organic material means any chemical compound of carbon including diluents and thinners which are liquids at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents, but excluding methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbonic acid, metallic carbide, metallic carbonates, and ammonium carbonate. Organic vapor means the gaseous phase of an organic material or a mixture of organic materials present in the atmosphere. Oven means a chamber within which heat is used for one or more of the following purposes: Dry, bake, cure, or polymerize a coating or ink. Overall control means the product of the capture efficiency and the control device efficiency. Overvarnish means a transparent coating applied directly over ink or coating. Owner or operator means any person who owns, operates, leases, controls, or supervises an emission source or air pollution control equipment. Packaging rotogravure printing means rotogravure printing upon paper, paper board, metal foil, plastic film, and other substrates, which are, in subsequent operations, formed into packaging products or labels for articles to be sold. Packaging rotogravure printing line means a rotogravure printing line in which surface coatings are applied to paper, paperboard, foil, film, or other substrates which are to be used to produce containers, packaging products, or labels for articles. Pail means any cylindrical metal shipping container of 1- to 12-gallon capacity and constructed of 29-gauge and heavier metal. Paint manufacturing plant means a plant that mixes, blends, or compounds enamels, lacquers, sealers, shellacs, stains, varnishes, or pigmented surface coatings. Paper coating means any coating applied on paper, plastic film, or metallic foil to make certain products, including (but not limited to) adhesive tapes and labels, book covers, post cards, office copier paper, drafting paper, or pressure sensitive tapes. Paper coating includes the application of coatings by impregnation and/or saturation. Paper coating facility means a facility that includes one or more paper coating lines. Paper coating line means a coating line in which any protective, decorative, or functional coating is applied on, saturated into, or impregnated into paper, plastic film, or metallic foil to make certain products, including (but not limited to) adhesive tapes and labels, book covers, post cards, office copier paper, drafting paper, and pressure sensitive tapes. Parts per million (volume) means a volume/volume ratio which expresses the volumetric concentration of gaseous air contaminant in a million unit volume of gas. Person means any individual, corporation, partnership, association, State, municipality, political subdivision of a State; any agency, department, or instrumentality of the United States; and any officer, agent, or employee thereof. Petroleum means the crude oil removed from the earth and the oils derived from tar sands, shale, and coal. Petroleum refinery means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum, or through redistillation, cracking, or reforming of unfinished petroleum derivatives. Pharmaceutical means any compound or mixture, other than food, used in the prevention, diagnosis, alleviation, treatment, or cure of disease in man and animal. Pharmaceutical coating operation means a device in which a coating is applied to a pharmaceutical, including air drying or curing of the coating. Pigmented coatings means opaque coatings containing binders and colored pigments which are formulated to conceal the wood surface either as an undercoat or topcoat. Plant means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control), except the activities of any marine vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same two-digit code) as described in the “Standard Industrial Classification Manual, 1987” (incorporated by reference as specified in 40 CFR 52.742). Plasticizers means a substance added to a polymer composition to soften and add flexibility to the product. Prime coat means the first of two or more coatings applied to a surface. Prime surfacer coat means a coating used to touch up areas on the surface of automobile or light-duty truck bodies not adequately covered by the prime coat before application of the top coat. The prime surfacer coat is applied between the prime coat and topcoat. An anti-chip coating applied to main body parts (e.g., rocker panels, bottom of doors and fenders, and leading edge of roof) is a prime surfacer coat. Primers means any coatings formulated and applied to substrates to provide a firm bond between the substrate and subsequent coats. Printing means the application of words, designs, and pictures to a substrate using ink. Printing line means an operation consisting of a series of one or more roll printers and any associated roll coaters, drying areas, and ovens wherein one or more coatings are applied, dried, and/or cured. Process means any stationary emission source other than a fuel combustion emission source or an incinerator. Production equipment exhaust system means a system for collecting and directing into the atmosphere emissions of volatile organic material from reactors, centrifuges, and other process emission sources. Publication rotogravure printing line means a rotogravure printing line in which coatings are applied to paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, or other types of printed material. Reactor means a vat, vessel, or other device in which chemical reactions take place. Refiner means any person who owns, leases operates, controls, or supervises a refinery. Refinery unit, process unit or unit means a set of components which are a part of a basic process operation such as distillation, hydrotreating, cracking, or reforming of hydrocarbons. Refrigerated condenser means a surface condenser in which the coolant supplied to the condenser has been cooled by a mechanical device, other than by a cooling tower or evaporative spray cooling, such as refrigeration unit or steam chiller unit. Repair coatings means coatings used to correct imperfections or damage to furniture surface. Repaired means, for the purpose of paragraph (i) of this section, that equipment component has been adjusted, or otherwise altered, to eliminate a leak. Roll coater means an apparatus in which a uniform layer of coating is applied by means of one or more rolls across the entire width of a moving substrate. Roll printer means an apparatus used in the application of words, designs, or pictures to a substrate, usually by means of one or more rolls each with only partial coverage. Roll printing means the application of words, designs, and pictures to a substrate usually by means of a series of hard rubber or metal rolls each with only partial coverage. Roller coating means a method of applying a coating to a sheet or strip in which the coating is transferred by a roller or series of rollers. Rotogravure printing means the application of words, designs, and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is recessed relative to the non-image area. Rotogravure printing line means a printing line in which each roll printer uses a roll with recessed areas for applying an image to a substrate. Safety relief valve means a valve which is normally closed and which is designed to open in order to relieve excessive pressures within a vessel or pipe. Sanding sealers means any coatings formulated for and applied to bare wood for sanding and to seal the wood for subsequent application of varnish. To be considered a sanding sealer a coating must be clearly labelled as such. Sealer means a coating containing binders which seals wood prior to the application of the subsequent coatings. Semi-transparent stains means stains containing dyes or semi-transparent pigments which are formulated to enhance wood grain and change the color of the surface but not to conceal the surface, including, but not limited to, sap stain, toner, non-grain raising stains, pad stain, or spatter stain. Set of safety relief valves means one or more safety relief valves designed to open in order to relieve excessive pressures in the same vessel or pipe. Sheet basecoat means a coating applied to metal when the metal is in sheet form to serve as either the exterior or interior of a can for either two-piece or three-piece cans. Side-seam spray coat means a coating applied to the seam of a three-piece can. Single coat means one coating application applied to a metal surface. Solvent means a liquid substance that is used to dissolve or dilute another substance. Solvent cleaning means the process of cleaning soils from surfaces by cold cleaning, open top vapor degreasing, or conveyorized degreasing. Specified air contaminant means any air contaminant as to which this Section contains emission standards or other specific limitations. Splash loading means a method of loading a tank, railroad tank car, tank truck, or trailer by use of other than a submerged loading pipe. Standard conditions means a temperature of 70 °F and a pressure of 14.7 psia. Standard cubic foot (scf) means the volume of one cubic foot of gas at standard conditions. Standard Industrial Classification Manual means the Standard Industrial Classification Manual (1987), Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 (incorporated by reference as specified in 40 CFR 52.742). Start-up means the setting in operation of an emission source for any purpose. Stationary emission source and Stationary source mean an emission source which is not self-propelled. Storage tank or storage vessel means any stationary tank, reservoir or container used for the storage of VOL's. Submerged loading pipe means any discharge pipe or nozzle which meets either of the following conditions: (A) Where the tank is filled from the top, the end of the discharge pipe or nozzle must be totally submerged when the liquid level is 15 cm (6 in.) above the bottom of the tank. (B) Where the tank is filled from the side, the discharge pipe or nozzle must be totally submerged when the liquid level is 46 cm (18 in.) above the bottom of the tank. Substrate means the surface onto which a coating is applied or into which a coating is impregnated. Surface condenser means a device which removes a substance from a gas stream by reducing the temperature of the stream, without direct contact between the coolant and the stream. Tablet coating operation means a pharmaceutical coating operation in which tablets are coated. Thirty-day rolling average means any value arithmetically averaged over any consecutive thirty-days. Three-piece can means a can which is made from a rectangular sheet and two circular ends. Topcoat means a coating applied in a multiple coat operation other than prime coat, final repair coat, or prime surfacer coat. Topcoat operation means all topcoat spray booths, flash-off areas, and bake ovens at a facility which are used to apply, dry, or cure the final coatings (except final off-line repair) on components of automobile or light-duty truck bodies. Transfer efficiency means the ratio of the amount of coating solids deposited onto a part or product to the total amount of coating solids used. True vapor pressure means the equilibrium partial pressure exerted by a volatile organic liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, “Evaporation Loss From Floating Roof Tanks,” second edition, February 1980 (incorporated by reference as specified in 40 CFR 52.742). Two-piece can means a can which is drawn from a shallow cup and requires only one end to be attached. Undercoaters means any coatings formulated for and applied to substrates to provide a smooth surface for subsequent coats. Unregulated safety relief valve means a safety relief valve which cannot be actuated by a means other than high pressure in the pipe or vessel which it protects. Vacuum producing system means any reciprocating, rotary, or centrifugal blower or compressor or any jet ejector or device that creates suction from a pressure below atmospheric and discharges against a greater pressure. Valves not externally regulated means valves that have no external controls, such as in-line check valves. Vapor balance system means any combination of pipes or hoses which creates a closed system between the vapor spaces of an unloading tank and a receiving tank such that vapors displaced from the receiving tank are transferred to the tank being unloaded. Vapor collection system means all piping, seals, hoses, connections, pressure-vacuum vents, and other possible sources between the gasoline delivery vessel and the vapor processing unit and/or the storage tanks and vapor holder. Vapor control system means any system that limits or prevents release to the atmosphere of organic meterial in the vapors displaced from a tank during the transfer of gasoline. Vapor recovery system means a vapor gathering system capable of collecting all VOM vapors and gases discharged from the storage tank and a vapor disposal system capable of processing such VOM vapors and gases so as to prevent their emission to the atmosphere. Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. Vinyl coating means any topcoat or printing ink applied to vinyl coated fabric or vinyl sheets. Vinyl coating does not include plastisols. Vinyl coating facility means a facility that includes one or more vinyl coating line(s). Vinyl coating line means a coating line in which any protective, decorative or functional coating is applied onto vinyl coated fabric or vinyl sheets. Volatile organic liquid means any substance which is liquid at storage conditions and which contains volatile organic compounds. Volatile organic material (VOM) or volatile organic compounds (VOC) is as defined in §51.100(s) of this chapter. Wash coat means a coating containing binders which seals wood surfaces, prevents undesired staining, and controls penetration. Web means a substrate which is printed in continuous roll-fed presses. Wood furniture means room furnishings including cabinets (kitchen, bath, and vanity), tables, chairs, beds, sofas, shutters, art objects, wood paneling, wood flooring, and any other coated furnishings made of wood, wood composition, or fabricated wood materials. Wood furniture coating facility means a facility that includes one or more wood furniture coating line(s). Wood furniture coating line means a coating line in which any protective, decorative, or functional coating is applied onto wood furniture. Woodworking means the shaping, sawing, grinding, smoothing, polishing, and making into products of any form or shape of wood. (4) Testing methods and procedures—(i) Coatings, inks and fountain solutions. The following test methods and procedures shall be used to determine compliance of as applied coatings, inks, and fountain solutions with the limitations set forth in §52.741. (A) Sampling. Samples collected for analyses shall be one-liter taken into a one-liter container at a location and time such that the sample will be representative of the coating as applied (i.e., the sample shall include any dilution solvent or other VOM added during the manufacturing process). The container must be tightly sealed immediately after the sample is taken. Any solvent or other VOM added after the sample is taken must be measured and accounted for in the calculations in paragraph(a)(4)(i)(C) of this section. For multiple package coatings, separate samples of each component shall be obtained. A mixed sample shall not be obtained as it will cure in the container. Sampling procedures shall follow the guidelines presented in: (1) ASTM D3925–81 (Reapproved 1985) Standard Practice for Sampling Liquid Paints and Related Pigment Coating. This practice is incorporated by reference as specified in 40 CFR 52.742. (2) ASTM E300–86 Standard Practice for Sampling Industrial Chemicals. This practice is incorporated by reference as specified in 40 CFR 52.742. (B) Analyses. The applicable analytical methods specified below shall be used to determine the composition of coatings, inks, or fountain solutions as applied. (1) Method 24 of 40 CFR part 60, appendix A, shall be used to determine the VOM content and density of coatings. If it is demonstrated to the satisfaction of the Administrator that plant coating formulation data are equivalent to Method 24 results, formulation data may be used. In the event of any inconsistency between a Method 24 test and a facility's formulation data, the Method 24 test will govern. (2) Method 24A of 40 CFR part 60, appendix A, shall be used to determine the VOM content and density of rotogravure printing inks and related coatings. If it is demonstrated to the satisfaction of the Administrator that the plant coating formulation data are equivalent to Method 24A results, formulation data may be used. In the event of any inconsistency between a Method 24A test and a facility's formulation data, the Method 24A test will govern. (3) The following ASTM methods are the analytical procedures for determining VOM: (i) ASTM D1475–85: Standard Test Method for Density of Paint, Varnish, Lacquer and Related Products. This test method is incorporated by reference as specified in 40 CFR 52.742. (ii) ASTM D2369–87: Standard Test Method for Volatile Content of Coatings. This test method is incorporated by reference as specified in 40 CFR 52.742. (iii) ASTM D3792–86: Standard Test Method for Water Content of Water-reducible Paints by Direct Injection into a Gas Chromatograph. This test method is incorporated by reference as specified in 40 CFR 52.742. (iv) ASTM D4017–81 (Reapproved 1987): Standard Test Method for Water in Paints and Paint Materials by the Karl Fischer Method. This test method is incorporated by reference as specified in 40 CFR 52.742. (v) ASTM D4457–85: Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph. (The procedure delineated above can be used to develop protocols for any compounds specifically exempted from the definition of VOM.) This test method is incorporated by reference as specified in 40 CFR 52.742. (vi) ASTM D2697–86: Standard Test Method for Volume Non-Volatile Matter in Clear or Pigmented Coatings. This test method is incorporated by reference as specified in 40 CFR 52.742. (vii) ASTM D3980–87: Standard Practice for Interlaboratory Testing of Paint and Related Materials. This practice is incorporated by reference as specified in 40 CFR 52.742. (viii) ASTM E180–85: Standard Practice for Determining the Precision of ASTM Methods for Analysis of and Testing of Industrial Chemicals. This practice is incorporated by reference as specified in 40 CFR 52.742. (ix) ASTM D2372–85: Standard Method of Separation of Vehicle from Solvent-reducible Paints. This method is incorporated by reference as specified in 40 CFR 52.742. (4) Use of an adaptation to any of the analytical methods specified in paragraphs (a)(4)(i)(B)(1), (2) and (3) may be approved by the Administrator on a case-by-case basis. An owner or operator must submit sufficient documentation for the Administrator to find that the analytical methods specified in paragraphs (a)(4)(i)(B)(1), (2) and (3) will yield inaccurate results and that the proposed adaptation is appropriate. (C) Calculations. Calculations for determining the VOM content, water content and the content of any compounds which are specifically exempted from the definition of VOM of coatings, inks and fountain solutions as applied shall follow the guidance provided in the following documents. (1) “A Guide for Surface Coating Calculation” EPA–340/1–86–016 (which is available from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161) (2) “Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink and Other Coatings” (revised June 1986) EPA–450/3–84–019 (which is available from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161) (3) “A Guide for Graphic Arts Calculations” August 1988 EPA–340/1–88–003 (which is available from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161) (ii) Automobile or light-duty truck test protocol. The protocol for testing, including determining the transfer efficiency, of coating applicators at topcoat coating operations at an automobile assembly facility shall follow the procedure in: “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations” December 1988 EPA–450/3–88–018 (which is available for purchase from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161) (iii) Capture system efficiency test protocols—(A) Applicability. The requirements of paragraphs (a)(4)(iii)(B) of this section shall apply to all VOM emitting processes employing capture equipment (e.g., hoods, ducts), except those cases noted below. (1) If a source installs a permanent total enclosure (PTE) that meets USEPA specifications, and which directs all VOM to a control device, then the source is exempted from the requirements described in paragraph (B). The USEPA specifications to determine whether a strucutre is considered a PTE are given in Procedure T of appendix B of this section. In this instance, the capture efficiency is assumed to be 100 percent and the source is still required to measure control efficiency using appropriate test methods as specified in (a)(4)(iv) of this section. (2) If a source uses a control device designed to collect and recover VOM (e.g., carbon adsorber), an explicit measurement of capture efficiency is not necessary provided that the conditions given below are met. The overall control of the system can be determined by directly comparing the input liquid VOM to the recovered liquid VOM. The general procedure for use in this situation is given in 40 CFR 60.433, with the following additional restrictions: (i) The source must be able to equate solvent usage with solvent recovery on a 24-hour (daily) basis, rather than a 30-day weighted average, within 72 hours following the 24-hour period. In addition, one of the following two criteria must be met: (ii) The solvent recovery system (i.e., capture and control system) must be dedicated to a single process line (e.g., one process line venting to a carbon adsorber system), or (iii) If the solvent recovery system controls multiple process lines, then the source must be able to demonstrate that the overall control (i.e., the total recovered solvent VOM divided by the sum of liquid VOM input to all process lines venting to the control system) meets or exceeds the most stringent standard applicable for any process line venting to the control system. (B) Specific requirements. The capture efficiency of a process line shall be measured using one of the four protocols given below. Any error margin associated with a test protocol may not be incorporated into the results of a capture efficiency test. If these techniques are not suitable for a particular process, then the source must present an alternative capture efficiency protocol and obtain approval for it by the Administrator as a SIP or FIP revisions. (1) Gas/gas method using temporary total enclosure (TTE). The USEPA specifications to determine whether a temporary enclosure is considered a TTE are given in Procedure T of appendix B of this section. The capture efficiency equation to be used for this protocol is: CE = Gw / (GW + Fw) Where: CE=capture efficiency, decimal fraction. Gw=mass of VOM captured and delivered to control device using a TTE. Fw=mass of fugitive VOM that escapes from a TTE. Procedure G.2 contained in appendix B of this section is used to obtain Gw. Procedure F.1 in appendix B of this section is used to obtain Fw. (2) Liquid/gas method using TTE. The USEPA specifications to determine whether a temporary enclosure is considered a TTE are given in Procedure T of appendix B of this section. The capture efficiency equation to be used for this protocol is: CE = (L - F) / L Where: CE=capture efficiency, decimal fraction. L=mass of liquid VOM input to process. Fw=mass of fugitive VOM that escapes from a TTE. Procedure L contained in appendix B of this section is used to obtain L. Procedure F.1 in appendix B of this section is used to obtain Fw. (3) Gas/gas method using the building or room (building or room enclosure) in which the affected source is located as the enclosure and in which “F” and “G” are measured while operating only the affected facility. All fans and blowers in the building or room must be operated as they would under normal production. The capture efficiency equation to be used for this protocol is: CE = G / (G + FB) Where: CE=capture efficiency, decimal fraction. G=mass of VOM captured and delivered to control device. FB=mass of fugitive VOM that escapes from building enclosure. Procedure G.2 contained in appendix B of this section is used to obtain G. Procedure F.2 in appendix B of this section is used to obtain FB. (4) Liquid/gas method using the building or room (building or room enclosure) in which the affected source is located as the enclosure and in which “F” and “L” are measured while operating only the affected facility. All fans and blowers in the building or room must be operated as they would under normal production. The capture efficiency equation to be used for this protocol is: CE = (L - FB) / L Where: CE=capture efficiency, decimal fraction. L=mass of liquid VOM input to process. FB=mass of fugitive VOM that escapes from building enclosure. Procedure L contained in appendix B of this section is used to obtain L. Procedure F.2 in appendix B of this section is used to obtain FB. (C) Recordkeeping and reporting. (1) All affected facilities must maintain a copy of the capture efficiency protocol submitted to USEPA on file. All results of the appropriate test methods and capture efficiency protocols must be reported to USEPA within sixty (60) days of the test date. A copy of the results must be kept on file with the source for a period of three (3) years. (2) If any changes are made to capture or control equipment, then the source is required to notify USEPA of these changes and a new test may be required by USEPA. (3) The source must notify the Administrator 30 days prior to performing any capture efficiency or control test. At that time, the source must notify the Administrator which capture efficiency protocol and control device test methods will be used. (4) Sources utilizing a PTE must demonstrate that this enclosure meets the requirement given in Procedure T (in appendix B of this section) for a PTE during any testing of their control device. (5) Sources utilizing a TTE must demonstrate that their TTE meets the requirements given in Procedure T (in appendix B of this section) for a TTE during testing of their control device. The source must also provide documentation that the quality assurance criteria for a TTE have been achieved. (iv) Control device efficiency testing and monitoring. (A) The control device efficiency shall be determined by simultaneously measuring the inlet and outlet gas phase VOM concentrations and gas volumetric flow rates in accordance with the gas phase test methods specified in paragraph (a)(4)(vi) of this section. (B) Any owner or operator that uses an afterburner or carbon adsorber to comply with any paragraph of §52.741 shall use USEPA approved continuous monitoring equipment which is installed, calibrated, maintained, and operated according to vendor specifications at all times the afterburner or carbon adsorber is in use. The continuous monitoring equipment must monitor the following parameters: (1) Combustion chamber temperature of each afterburner. (2) Temperature rise across each catalytic afterburner bed or VOM concentration of exhaust. (3) The VOM concentration of each carbon adsorption bed exhaust. (v) Overall efficiency. (A) The overall efficiency of the emission control system shall be determined as the product of the capture system efficiency and the control device efficiency or by the liquid/liquid test protocol as specified in 40 CFR 60.433 (and revised by paragraph (a)(4)(iii)(A)(2) of this section for each solvent recovery system. In those cases in which the overall efficiency is being determined for an entire line, the capture efficiency used to calculate the product of the capture and control efficiency is the total capture efficiency over the entire line. (B) For coating lines which are both chosen by the owner or operator to comply with paragraphs (e)(2)(ii), (e)(2)(iii), (e)(2)(iv), (e)(2)(v), or (e)(2)(vi) of this section by the alternative in paragraph (e)(2)(i)(B) of this section and meet the criteria allowing them to comply with paragraph (e)(2) of this section instead of paragraph (e)(1) of this section, the overall efficiency of the capture system and control device, as determined by the test methods and procedures specified in paragraphs (a)(4) (iii), (iv) and (v)(A) of this section, shall be no less than the equivalent overall efficiency which shall be calculated by the following equation: E = ([VOMa - VOM1]/VOMa) × 100 Where: E = Equivalent overall efficiency of the capture system and control device as a percentage, VOMa = Actual VOM content of a coating, or the daily-weighted average VOM content of two or more coatings (if more than one coating is used), as applied to the subject coating line as determined by the applicable test methods and procedures specified in paragraph (a)(4)(i) of this section in units of kg VOM/l (lb VOM/gal) of coating solids as applied, VOM1 = The VOM emission limit specified in paragraph (e)(2) (i) or (ii) of this section in units of kg VOM/l (lb VOM/gal) of coating solids as applied. (vi) Volatile organic material gas phase source test methods. The methods in 40 CFR part 60, appendix A, delineated below shall be used to determine control device efficiencies. (A) 40 CFR part 60, appendix A, Method 18, 25 or 25A, as appropriate to the conditions at the site, shall be used to determine VOM concentration. Method selection shall be based on consideration of the diversity of organic species present and their total concentration and on consideration of the potential presence of interfering gases. Except as indicated in paragraphs (a)(4)(vi)(A)(1) and (2) of this section, the test shall consist of three separate runs, each lasting a minimum of 60 min, unless the Administrator determines that process variables dictate shorter sampling times. (1) When the method is to be used to determine the efficiency of a carbon adsoption system with a common exhaust stack for all the individual adsorber vessels, the test shall consist of three separate runs, each coinciding with one or more complete sequences through the adsorption cycles of all the individual adsorber vessels. (2) When the method is to be used to determine the efficiency of a carbon adsorption system with individual exhaust stacks for each adsorber vessel, each adsorber vessel shall be tested individually. The test for each adsorber vessel shall consist of three separate runs. Each run shall coincide with one or more complete adsorption cycles. (B) 40 CFR part 60, appendix A, Method 1 or 1A shall be used for sample and velocity traverses. (C) 40 CFR part 60, appendix A, Method 2, 2A, 2C or 2D shall be used for velocity and volumetric flow rates. (D) 40 CFR part 60, appendix A, Method 3 shall be used for gas analysis. (E) 40 CFR part 60, appendix A, Method 4 shall be used for stack gas moisture. (F) 40 CFR part 60, appendix A, Methods 2, 2A, 2C, 2D, 3 and 4 shall be performed, as applicable, at least twice during each test run. (G) Use of an adaptation to any of the test methods specified in paragraphs (a)(4)(vi) (A), (B), (C), (D), (E), and (F) of this section may be approved by the Administrator on a case-by-case basis. An owner or operator must submit sufficient documentation for the Administrator to find that the test methods specified in paragraphs (a)(4)(vi) (A), (B), (C), (D), (E), and (F) of this section will yield inaccurate results and that the proposed adaptation is appropriate. (vii) Leak detection methods for volatile organic material. Owners or operators required by the various subparts of this regulation to carry out a leak detection monitoring program shall comply with the following requirements: (A) Leak detection monitoring. (1) Monitoring shall comply with 40 CFR part 60, appendix A. Method 21. (2) The detection instrument shall meet the performance criteria of Method 21. (3) The instrument shall be calibrated before use on each day of its use by the methods specified in Method 21. (4) Calibration gases shall be: (i) Zero air (less than 10 ppm of hydrocarbon in air); and (ii) A mixture of methane or n-hexane and air at a concentration of approximately, but no less than, 10,000 ppm methane or n-hexane. (5) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Method 21. (B) When equipment is tested for compliance with no detectable emissions as required, the test shall comply with the following requirements: (1) The requirements of paragraphs (a)(4) (vii)(A)(1) through (vii)(A)(5) of this section shall apply. (2) The background level shall be determined as set forth in Method 21. (C) Leak detection tests shall be performed consistent with: (1) “APTI Course SI 417 controlling Volatile Organic Compound Emissions from Leaking Process Equipment” EPA–450/2–82–015 (which is available for purchase from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161) (2) “Portable Instrument User's Manual for Monitoring VOC Sources” EPA–340/1–86–015 (which is available for purchase from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161) (3) “Protocols for Generating Unit-Specific Emission Estimates for Equipment Leaks of VOC and VHAP” EPA–450/3–88–010 (which is available for purchase from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161) (4) “Petroleum Refinery Enforcement Manual” EPA–340/1–80–008 (which is available for purchase from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161) (viii) Bulk gasoline delivery system test protocol. (A) The method for determining the emissions of gasoline from a vapor recovery system are delineated in 40 CFR part 60, subpart XX, §60.503. (B) Other tests shall be performed consistent with: (1) “Inspection Manual for Control of Volatile Organic Emissions from Gasoline Marketing Operations: Appendix D” EPA–340/1–80–012 (which is available for purchase from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161) (2) “Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals: Appendix A” EPA–450/2–77–026 (which is available for purchase from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161) (5) Compliance dates. Compliance with the requirements of all rules is required by July 1, 1991, unless otherwise indicated by compliance dates contained in specific rules. This paragraph shall not operate to provide additional time for compliance under section 113(d) of the Act, 42 U.S.C. 7413(d), for sources subject to compliance upon promulgation. (6) Afterburners. The operation of any natural gas fired afterburner and capture system used to comply with §52.741 is not required during the period of November 1 of any year to April 1 of the following year provided that the operation of such devices is not required for purposes of occupational safety or health, or for the control of toxic substances, odor nuisances, or other regulated pollutants. (7) Exemptions, variances, and alternative means of control or compliance determinations. Notwithstanding the provisions of any other paragraphs of this section, any exemptions, variances or alternatives to the control requirements, emission limitations, or test methods in the Illinois SIP or FIP can only be allowed if approved by the Administrator as a SIP or FIP revision. (8) Vapor pressure of volatile organic liquids. (i) If the VOL consists of only a single compound, the vapor pressure shall be determined by ASTM Method D2879–86 (incorporated by reference as specified in 40 CFR 52.742) or the vapor pressure may be obtained from a published source such as: Boublik, T., V. Fried and E. Hala, “The Vapor Pressure of Pure Substances,” Elsevier Scientific Publishing Co., New York (1973); Perry's Chemical Engineer's Handbook, McGraw-Hill Book Company (1984); CRC Handbook of Chemistry and Physics, Chemical Rubber Publishing Company (1986–87); and Lange's Handbook of Chemistry, John A. Dean, editor, McGraw-Hill Book Company (1985). (ii) If the VOL is a mixture, the vapor pressure shall be determined by ASTM Method D2879–86 (incorporated by reference as specified in 40 CFR 52.742) or by the following equation: Where: Pvol=Total vapor pressure of the mixture, n=Number of components in the mixture, i=Subscript denoting an individual component, Pi=Vapor pressure of a component determined in accordance with paragraph (a) of this section Xi=Mole fraction of the component in the total mixture. (9) Vapor pressure of organic material or solvent. (i) If the organic material or solvent consists of only a single compound, the vapor pressure shall be determined by ASTM Method D2879–86 (incorporated by reference as specified in 40 CFR 52.742) or the vapor pressure may be obtained from a published source such as: Boublik, T., V. Fried and E. Hala, “The Vapor Pressure of Pure Substances,” Elsevier Scientific Publishing Co., New York (1973); Perry's Chemical Engineer's Handbook, McGraw-Hill Book Company (1984); CRC Handbook of Chemistry and Physics, Chemical Rubber Publishing Company (1986–87); and Lange's Handbook of Chemistry, John A. Dean, editor, McGraw-Hill Book Company (1985). (ii) If the organic material or solvent is in a mixture made up of both organic material compounds and compounds which are not organic material, the vapor pressure shall be determined by the following equation: Where: Pom=Total vapor pressure of the portion of the mixture which is composed of organic material, n=Number of organic material components in the mixture, i=Subscript denoting an individual component, Pi=Vapor pressure of an organic material component determined in accordance with paragraph (a) of this section, Xi=Mole fraction of the organic material component of the total mixture. (iii) If the organic material or solvent is in a mixture made up of only organic material compounds, the vapor pressure shall be determined by ASTM Method D2879–86 (incorporated by reference as specified in 40 CFR 52.742) or by the above equation. (10) Vapor pressure of volatile organic material. (i) If the VOM consists of only a single compound, the vapor pressure shall be determined by ASTM Method D2879–86 (incorporated by reference as specified in 40 CFR 52.742) or the vapor pressure may be obtained from a published source such as: Boublik, T., V. Fried and E. Hala, “The Vapor Pressure of Pure Substances,” Elsevier Scientific Publishing Co., New York (1973); Perry's Chemical Engineer's Handbook, McGraw-Hill Book Company (1984); CRC Handbook of Chemistry and Physics, Chemical Rubber Publishing Company (1986–87); and Lange's Handbook of Chemistry, John A. Dean, editor, McGraw-Hill Book Company (1985). (ii) If the VOM is in a mixture made up of both VOM compounds and compounds which are not VOM, the vapor pressure shall be determined by the following equation: Where: Pvom=Total vapor pressure of the portion of the mixture which is composed of VOM, n=Number of VOM components in the mixture, i=Subscript denoting an individual component, Pi=Vapor pressure of a VOM component determined in accordance with paragraph (a) of this section, Xi=Mole fraction of the VOM component of the total mixture. (iii) If the VOM is in a mixture made up of only VOM compounds, the vapor pressure shall be determined by ASTM Method D2879–86 (incorporated by reference as specified in 40 CFR 52.742) or by the above equation. (b)–(c) [Reserved] (d) Solvent cleaning—(1) Solvent cleaning in general. The requirements of subpart E (sections 215.182–215.184) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) shall apply to all cold cleaning, open top vapor degreasing, and conveyorized degreasing operations. Note: For Federal purposes, paragraph (d)(1) supersedes subpart E (section 215.181) of 35 Ill. Adm. Code 215.) (2) Compliance schedule. Every owner or operator of an emission source which was previously exempt from the requirements of subpart E (sections 215.182–215.184) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) because it satisfied the criteria in either (d)(a)(i) or (d)(2)(ii) of this section, shall comply with the requirements of subpart E (sections 215.182–215.184) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) on and after July 1, 1991. A source which did not satisfy the criteria in either (d)(a)(i) or (d)(2)(ii) of this section, shall comply with the requirements of subpart E (sections 215.182–215.184) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) upon promulgation. (i) If emissions of VOM exceed neither 6.8 kg (15 lbs) in any one day, nor 1.4 kg (3 lbs) in any one hour, or (ii) If the source is used exclusively for chemical or physical analysis or for determination of product quality and commercial acceptance, provided that the operation of the source is not an integral part of the production process, the emissions of VOM from the source do not exceed 363 kg (800 lbs) in any calendar month, and the exemption had been approved in writing by the Illinois Environmental Protection Agency. (3) Test methods. The following test methods shall be used to demonstrate compliance with subpart E (sections 215.182–215.184) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742): (i) Vapor pressures shall be determined by using the procedure specified in paragraph (a)(9) of this section. (ii) Exhaust ventilation rates shall be determined by using the procedures specified in paragraph (a)(4)(vi)(C) of this section. (iii) The performance of control devices shall be determined by using the procedures specified in paragraph (a)(4)(vi) of this section. (e) Coating operations—(1) Emission limitations for manufacturing plants. (i) Except as provided in paragraph (e)(3) of this section, no owner or operator of a coating line shall apply at any time any coating in which the VOM content exceeds the following emission limitations for the specified coating. The following emission limitations are expressed in units of VOM per volume of coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied at each coating applicator, except where noted. Compounds which are specifically exempted from the definition of VOM should be treated as water for the purpose of calculating the “less water” part of the coating composition. Compliance with this paragraph must be demonstrated through the applicable coating analysis test methods and procedures specified in paragraph (a)(4)(i) of this section and the recordkeeping and reporting requirements specified in paragraph (e)(6)(ii) of this section. As an alternative to compliance with this paragraph, the owner or operator of a coating line may meet the requirements of paragraph (e)(1)(ii) or paragraph (e)(2) of this section. The equation presented in paragraph (e)(1)(iii) of this section shall be used to calculate emission limitations for determining compliance by add-on controls, credits for transfer efficiency, emissions trades and cross-line averaging. ------------------------------------------------------------------------ kg/l lb/gal ------------------------------------------------------------------------ (A) Automobile or Light-Duty Truck Coating (1) Prime coat...................................... 0.14 (1.2) (2) Prime surfacer coat............................. 0.34 (2.8) Note: The prime surfacer coat limitation is based upon a transfer efficiency of 30 percent. Transfer efficiency credits can only be allowed if approved by the Administrator as a SIP or FIP revision. (3) Topcoat......................................... 1.81 (15.1) Note: The topcoat limitation is in units of kg (lbs) of VOM per l (gal) of coating solids deposited. Compliance with the limitation shall be based on the daily-weighted average VOM content from the entire topcoat operation (all topcoat spray booths, flash-off areas and bake ovens). Compliance shall be demonstrated in accordance with the topcoat protocol for automobiles and light-duty trucks referenced in paragraph (a)(4)(ii) of this section. Paragraph (e)(1)(ii) of this section does not apply to the topcoat limitation.) At least 180 days prior to the initial compliance date, the owner or operator of a coating line subject to the topcoat limitation shall submit to the Administrator a detailed proposal specifying the method of demonstrating compliance with the protocol. The proposal shall include, at a minimum, a comprehensive plan (including a rationale) for determining the transfer efficiency at each booth through the use of in-plant, or pilot testing; the selection of coatings to be tested (for the purpose of determining transfer efficiency) including the rationale for coating groupings; and the method for determining the analytic VOM content of as applied coatings and the formulation solvent content of as applied coatings. Upon approval of the protocol by the Administrator, the source may proceed with the compliance demonstration. (4) Final repair coat............................... 0.58 (4.8) (B) Can Coating (1) Sheet basecoat and overvarnish.................. 0.34 (2.8) (2) Exterior basecoat and overvarnish............... 0.34 (2.8) (3) Interior body spray coat........................ 0.51 (4.2) (4) Exterior end coat............................... 0.51 (4.2) (5) Side seam spray coat............................ 0.66 (5.5) (6) End sealing compound coat....................... 0.44 (3.7) (C) Paper Coating..................................... 0.35 (2.9) Note: The paper coating limitation shall not apply to any owner or operator of any paper coating line on which printing is performed if the paper coating line complies with the emissions limitations in paragraph (h)(1) of this section: Printing and Publishing. (D) Coil Coating...................................... 0.31 (2.6) (E) Fabric Coating.................................... 0.35 (2.9) (F) Vinyl Coating..................................... 0.45 (3.8) (G) Metal Furniture Coating........................... 0.36 (3.0) (H) Large Appliance Coating........................... 0.34 (2.8) Note: The limitation shall not apply to the use of quick-drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed 0.95 l (1 quart) in any one rolling eight-hour period. (I) Magnet Wire Coating............................... 0.20 (1.7) (J) Miscellaneous Metal Parts and Products Coating (1) Clear coating................................... 0.52 (4.3) (2) Air-dried coating............................... 0.42 (3.5) (3) Extreme performance coating..................... 0.42 (3.5) (4) Steel pail and drum interior coating............ 0.52 (4.3) (5) All other coatings.............................. 0.36 (3.0) ------------------------------------------------------------------------ ------------------------------------------------------------------------ kg/l lb/gal ------------------------------------------------------------------------ (K) Heavy Off-Highway Vehicle Products Coating (1) Extreme performance prime coat.................. 0.42 (3.5) (2) Extreme performance top-coat (air dried)........ 0.42 (3.5) (3) Final repair coat (air dried)................... 0.42 (3.5) (4) All other coatings are subject to the emission limitations for miscellaneous metal parts and products coatings in paragraph (e)(1)(i)(J) of this section......................................... (L) Wood Furniture Coating (1) Clear topcoat................................... 0.67 (5.6) (2) Opaque stain.................................... 0.56 (4.7) (3) Pigmented coat.................................. 0.60 (5.0) (4) Repair coat..................................... 0.67 (5.6) (5) Sealer.......................................... 0.67 (5.6) (6) Semi-transparent stain.......................... 0.79 (6.6) (7) Wash coat....................................... 0.73 (6.1) Note: An owner or operator of a wood furniture coating operation subject to this paragraph shall apply all coatings, with the exception of no more than 37.8 l (10 gal) of coating per day used for touch-up and repair operations, using one or more of the following application systems: airless spray application system, air-assisted airless spray application system, electrostatic spray application system, electrostatic bell or disc spray application system, heated airless spray application system, roller coating, brush or wipe coating application system, or dip coating application system. (M) Existing Diesel-Electric Locomotive Coating Lines in Cook County (1) Extreme performance prime coat.................. 0.42 (3.5) (2) Extreme performance top-coat (air dried)........ 0.42 (3.5) (3) Final repair coat (air dried)................... 0.42 (3.5) (4) High-temperature aluminum coating............... 0.72 (6.0) (5) All other coatings.............................. 0.36 (3.0) ------------------------------------------------------------------------ (ii) Daily-weighted average limitations. No owner or operator of a coating line subject to the limitations of paragraph (e)(1)(i) of this section and complying by means of paragraph (e)(1)(ii) of this section shall operate the subject coating line unless the owner or operator has demonstrated compliance with paragraph (e)(1) (ii)(A), (ii)(B), (ii)(C), (ii)(D), (ii)(E) or (ii)(F) of this section (depending upon the source category) through the applicable coating analysis test methods and procedures specified in paragraph (a)(4)(i) of this section and the recordkeeping and reporting requirements specified in paragraph (e)(6)(iii) of this section. (A) No owner or operator of a coating line subject to only one of the limitations from among paragraph (e)(1) (i)(A)(1), (i)(A)(2), (i)(A)(4), (i)(C), (i)(D), (i)(E), (i)(F), (i)(G), (i)(H), or (i)(I) of this section shall apply coating on any such coating line, during any day, whose daily-weighted average VOM content exceeds the emission limitation to which the coatings are subject. (B) No owner or operator of a miscellaneous metal parts and products coating line subject to the limitations of paragraph (e)(1)(i)(J) of this section shall apply coatings to miscellaneous metal parts or products on the subject coating line unless the requirements in paragraph (e)(1)(ii)(B) (1) or (2) of this section are met. (1) For each coating line which applies multiple coatings, all of which are subject to the same numerical emission limitation within paragraph (e)(1)(i)(J) of this section, during the same day (e.g., all coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), the daily-weighted average VOM content shall not exceed the coating VOM content limit corresponding to the category of coating used, or (2) For each coating line which applies coatings from more than one of the four coating categories in paragraph (e)(1)(i)(J) of this section, during the same day, the owner or operator shall submit to and receive approval from the Administrator for a site-specific FIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy) must be satisfied. (C) No owner or operator of a can coating facility subject to the limitations of paragraph (e)(1)(i)(B) of this section shall operate the subject coating facility using a coating with a VOM content in excess of the limitations specified in paragraph (e)(1)(i)(B) of this section unless all of the following requirements are met: (1) An alternative daily emission limitation shall be determined according to paragraph (e)(1)(ii)(C)(2) of this section. Actual daily emissions shall never exceed the alternative daily emission limitation and shall be calculated by use of the following equation. Where: Ed=Actual VOM emissions for the day in units of kg/day (lbs/day), i=Subscript denoting a specific coating applied, n=Total number of coatings applied in the can coating operation, Vi=Volume of each coating applied for the day in units of l/day (gal/day) of coating (minus water and any compounds which are specifically exempted from the definition of VOM), and Ci=The VOM content of each coating as applied in units of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds which are specifically exempted from the definition of VOM). (2) The alternative daily emission limitation (Ad) shall be determined on a daily basis as follows: Where: Ad=The VOM emissions allowed for the day in units of kg/day (lbs/day), i=Subscript denoting a specific coating applied, n=Total number of surface coatings applied in the can coating operation, Ci=The VOM content of each surface coating as applied in units of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds which are specifically exempted from the definition of VOM), Di=The density of VOM in each coating applied. For the purposes of calculating Ad, the density is 0.882 kg VOM/l VOM (7.36 lbs VOM/gal VOM), Vi=Volume of each surface coating applied for the day in units of l (gal) of coating (minus water and any compounds which are specifically exempted from the definition of VOM), Li=The VOM emission limitation for each surface coating applied as specified in paragraph (e)(1)(i)(B) of this section in units of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds which are specifically exempted from the definition of VOM). (D) No owner or operator of a heavy off-highway vehicle products coating line subject to the limitations of paragraph (e)(1)(i)(K) of this section shall apply coatings to heavy off-highway vehicle products on the subject coating line unless the requirements of paragraph (e)(1)(ii)(D) (1) or (2) of this section are met. (1) For each coating line which applies multiple coatings, all of which are subject to the same numerical emission limitation within paragraph (e)(1)(i)(K) of this section, during the same day (e.g., all coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), the daily-weighted average VOM content shall not exceed the coating VOM content limit corresponding to the category of coating used, or (2) For each coating line which applies coatings subject to more than one numerical emission limitation in paragraph (e)(1)(i)(K) of this section, during the same day, the owner or operator shall submit to and receive approval from the Administrator for a site-specific FIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy) must be satisfied. (E) No owner or operator of a wood furniture coating line subject to the limitations of paragraph (e)(1)(i)(L) of this section shall apply coatings to wood furniture on the subject coating line unless the requirements of paragraph (e)(1)(ii)(E) (1) or (2) of this section, in addition to the requirements specified in the note to paragraph (e)(1)(i)(L) of this section, are met. (1) For each coating line which applies multiple coatings, all of which are subject to the same numerical emission limitation within paragraph (e)(1)(i)(L) of this section, during the same day (e.g., all coatings used on the line are subject to 0.67 kg/l [5.6 lbs/gal]), the daily-weighted average VOM content shall not exceed the coating VOM content limit corresponding to the category of coating used, or (2) For each coating line which applies coatings subject to more than one numerical emission limitation in paragraph (e)(1)(i)(L) of this section, during the same day, the owner or operator shall submit to and receive approval from the Administrator for a site-specific FIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy) must be satisfied. (F) No owner or operator of an existing diesel-electric locomotive coating line in Cook County, subject to the limitations of paragraph (e)(1)(i)(M) of this section shall apply coatings to diesel-electric locomotives on the subject coating line unless the requirements of paragraph (e)(1)(ii)(F) (1) or (2) of this section are met. (1) For each coating line which applies multiple coatings, all of which are subject to the same numerical emission limitation within paragraph (e)(1)(i)(M) of this section, during the same day (e.g., all coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), the daily-weighted average VOM content shall not exceed the coating VOM content limit corresponding to the category of coating used, or (2) For each coating line which applies coatings subject to more than one numerical emission limitation in paragraph (e)(1)(i)(M) of this section, during the same day, the owner or operator shall submit to and receive approval from the Administrator for a site-specific FIP revision. To receive approval, the requirements of USEPA's Emissions Trading Policy Statement (and related policy) must be satisfied. (iii) Limitations in terms of kg (lbs) of VOM emissions per l (gal) of solids as applied at each coating applicator shall be determined by the following equation: Where: S=The limitation on VOM emissions in terms of kg VOM/l (lbs VOM/gal) of solids, C=The limitation on VOM emissions in terms of kg/l (lbs/gal) of coating (minus water and any compounds which are specifically excluded from the definition of VOM) specified in paragraph (e)(1)(i) of this section, D=The density of VOM in the coating. For the purposes of calculating S, the density is 0.882 kg VOM/l VOM (7.36 lbs VOM/gal VOM). (2) Alternative emission limitations. Any owner or operator of a coating line subject to paragraph (e)(1) of this section may comply with this paragraph, rather than with paragraph (e)(1) of this section, if a capture system and control device are operated at all times and the owner or operator demonstrates compliance with paragraphs (e)(2) (ii), (iii), (iv), (v), (vi) or (vii) of this section (depending upon the source category) through the applicable coating analysis and capture system and control device efficiency test methods and procedures specified in paragraph (a)(4) of this section and the recordkeeping and reporting requirements specified in paragraph (e)(6)(iv) of this section; and the control device is equipped with the applicable monitoring equipment specified in paragraph (a)(4)(iv) of this section and the monitoring equipment is installed, calibrated, operated and maintained according to vendor specifications at all times the control device is in use. The use of a capture system and control device, which does not demonstrate compliance with paragraph (e)(2) (ii), (iii), (iv), (v), (vi), or (vii), may only be used as an alternative to compliance with paragraph (e)(1) of this section if approved as a FIP revision. (i) Alternative add-on control methodologies. (A) The coating line is equipped with a capture system and control device that provides 81 percent reduction in the overall emissions of VOM from the coating line and the control device has a 90 percent efficiency, or (B) The system used to control VOM from the coating line is demonstrated to have an overall efficiency sufficient to limit VOM emissions to no more than what is allowed under paragraph (e)(1) of this section. Use of any control system other than an afterburner, carbon absorption, condensation, or absorption scrubber system can only be allowed if approved by the Administrator as a SIP or FIP revision. Transfer efficiency credits can only be allowed if approved by the Administrator as a SIP or FIP revision. Baseline transfer efficiencies and transfer efficiency test methods must be approved by the Administrator. Such overall efficiency is to be determined as follows: (1) Obtain the emission limitation from the appropriate paragraph in (e)(1) of this section, (2) Calculate “S” according to the equation in paragraph (e)(1)(iii) of this section, (3) Calculate the overall efficiency required according to paragraph (a)(4)(v) of this section. For the purposes of calculating this value, according to the equation in (a)(4)(v)(B) of this section VOM1 is equal to the value of “S” as determined above in (i)(B)(2). (ii) No owner or operator of a coating line subject to only one of the emission limitations from among paragraph (e)(1)(i)(A)(1), (e)(1)(i)(A)(2), (e)(1)(i)(A)(4), (e)(1)(i)(C), (e)(1)(i)(D), (e)(1)(i)(E), (e)(1)(i)(F), (e)(1)(i)(G), (e)(1)(i)(H), or (e)(1)(i)(I) of this section and equipped with a capture system and control device shall operate the subject coating line unless the requirements in paragraph (e)(2)(i) (A) or (B) of this section are met. No owner or operator of a coating line subject to paragraph (e)(1)(i)(A)(3) of this section and equipped with a capture system and control device shall operate the coating line unless the owner or operator demonstrates compliance with the topcoat limitation in accordance with the topcoat protocol for automobile or light-duty trucks referenced in paragraph (a)(4)(ii) of this section. (iii) No owner or operator of a miscellaneous metal parts and products coating line which applies one or more coatings during the same day, all of which are subject to the same numerical emission limitation within paragraph (e)(1)(i)(J) of this section (e.g., all coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), and which is equipped with a capture system and control device shall operate the subject coating line unless the requirements in paragraph (e)(2)(i) (A) or (B) of this section are met. (iv) No owner or operator of a heavy off-highway vehicle products coating line which applies one or more coatings during the same day, all of which are subject to the same numerical emission limitation within paragraph (e)(1)(i)(K) of this section (e.g., all coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), and which is equipped with a capture system and control device shall operate the subject coating line unless the requirements in paragraph (e)(2)(i) (A) or (B) of this section are met. (v) No owner or operator of an existing diesel-electric locomotive coating line in Cook County which applies one or more coatings during the same day, all of which are subject to the same numerical emission limitation within paragraph (e)(1)(i)(M) of this section (e.g., all coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gals]), and which is equipped with a capture system and control device shall operate the subject coating line unless the requirements in paragraph (e)(2)(i) (A) or (B) of this section are met. (vi) No owner or operator of a wood furniture coating line which applies one or more coatings during the same day, all of which are subject to the same numerical emission limitation within paragraph (e)(1)(i)(L) (e.g., all coatings used on the line are subject to 0.67 kg/l [5.6 lbs/gal]), and which is equipped with a capture system and control device shall operate the subject coating line unless the requirements in paragraph (e)(2)(i) (A) or (B) of this section are met. If compliance is achieved by meeting the requirements in paragraph (e)(2)(i)(B) of this section, then the provisions in the note to paragraph (e)(1)(i)(L) of this section must also be met. (vii) No owner or operator of a can coating facility and equipped with a capture system and control device shall operate the subject coating facility unless the requirements in paragraph (e)(2)(vii) (A) or (B) of this section are met. (A) An alternative daily emission limitation shall be determined according to paragraph (e)(1)(ii)(C)(2) of this section. Actual daily emissions shall never exceed the alternative daily emission limitation and shall be calculated by use of the following equation: Where: Ed=Actual VOM emissions for the day in units of kg/day (lbs/day), i=Subscript denoting the specific coating applied, n=Total number of surface coatings as applied in the can coating operation, Vi=Volume of each coating as applied for the day in units of 1/day (gal/day) of coating (minus water and any compounds which are specifically exempted from the definition of VOM), Ci=The VOM content of each coating as applied in units of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds which are specifically exempted from the definition of VOM), and Fi=Fraction, by weight, of VOM emissions from the surface coating, reduced or prevented from being emitted to the ambient air. This is the overall efficiency of the capture system and control device. (B) The coating line is equipped with a capture system and control device that provide 75 percent reduction in the overall emissions of VOM from the coating line and the control device has a 90 percent efficiency. (3) Exemptions from emission limitations—(i) Exemptions for all source categories except wood furniture coating. The limitations of paragraph (e) of this section shall not apply to coating lines within a facility, that otherwise would be subject to the same subparagraph of paragraph (e)(1)(i) of this section (because they belong to the same source category, e.g. can coating), provided that combined actual emissions of VOM from all lines at the facility subject to that subparagraph never exceed 6.8 kg/day (15 lbs/day) before the application of capture systems and control devices. (For example, can coating lines within a plant would not be subject to the limitations of subparagraph (e)(1)(i)(B) of this section if the combined actual emissions of VOM from the can coating lines never exceed 6.8 kg/day (15 lbs/day) before the application of capture systems and control devices.) Volatile organic material emissions from heavy off-highway vehicle products coating lines must be combined with VOM emissions from miscellaneous metal parts and products coating lines to determine applicability. Any owner or operator of a coating facility shall comply with the applicable coating analysis test methods and procedures specified in paragraph (a)(4)(i) of this section and the recordkeeping and reporting requirements specified in paragraph (e)(6)(i) of this section if total VOM emissions from the subject coating lines are always less than or equal to 6.8 kg/day (15 lbs/day) before the application of capture systems and control devices and, therefore, are not subject to the limitations of paragraph (e)(1) of this section. Once a category of coating lines at a facility is subject to the limitations in paragraph (e)(1) of this section, the coating lines are always subject to the limitations in paragraph (e)(1) of this section. (ii) Applicability for wood furniture coating. (A) The limitations of paragraph (e) of this section shall apply to a plant's wood furniture coating lines if the plant contains process emission sources, not regulated by paragraphs (d), (e) (excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or (q)(1), or subparts B, Q (excluding sections 215.432 and 215.436), R (excluding sections 215.447, 215.450, and 215.452), S, V, X, Y (sections 215.582–215.584), or Z of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), which as a group both: (1) Have maximum theoretical emissions of 91 Mg (100 tons) or more per calendar year of VOM if no air pollution control equipment were used, and (2) Are not limited to less than 91 Mg (100 tons) of VOM per calendar year if no air pollution control equipment were used, through production or capacity limitations contained in a federally enforceable construction permit or SIP or FIP version. (B) If a plant ceases to fulfill the criteria of paragraph (e)(3)(ii)(A) of this section, the limitations of paragraph (e)(1)(i)(L) of this section shall continue to apply to any wood furniture coating line which was ever subject to the limitations of paragraph (e)(1)(i)(L) of this section. (C) For the purposes of paragraph (e)(3)(ii) of this section, an emission source shall be considered regulated by a subpart (of the Illinois rules), section, or paragraph if it is subject to the limitations of that subpart (of the Illinois rules), section, or paragraph. An emission source is not considered regulated by a subpart (of the Illinois rules), section, or paragraph if its emissions are below the applicability cutoff level or if the source is covered by an exemption. (D) Any owner or operator of a wood furniture coating line to which the limitations of paragraph (e) of this section are not applicable due to the criteria in paragraph (e)(3)(ii) of this section shall, upon request by the Administrator, submit records to the Administrator within 30 calendar days from the date of the request that document that the coating line is exempt from the limitations of paragraph (e) of this section. (4) Exemption from general rule on use of organic material. No owner or operator of a coating line subject to the limitations of paragraph (e)(1) of this section is required to meet the limitations of subpart K (section 215.301 or 215.302) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), after the date by which the coating line is required to meet paragraph (e)(1) of this section. (5) Compliance schedule. Except as specified in paragraph (e)(7) of this section, every owner or operator of a coating line (of a type included within paragraph (e)(1)(i) of this section) shall comply with the requirements of paragraph (e)(1),(e)(2) or (e)(3) of this section and paragraph (e)(6) of this section in accordance with the appropriate compliance schedule as specified in paragraph (e)(5)(i),(ii),(iii) or (iv) of this section. (i) No owner or operator of a coating line which is exempt from the limitations of paragraph (e)(1) of this section because of the criteria in paragraph (e)(3)(i) of this section shall operate said coating line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraph (e)(6)(i) of this section. Wood furniture coating lines are not subject to paragraph (e)(6)(i) of this section. (ii) No owner or operator of a coating line complying by means of paragraph (e)(1)(i) of this section shall operate said coating line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraphs (e)(1)(i) and (e)(6)(ii) of this section. (iii) No owner or operator of a coating line complying by means of paragraph (e)(1)(ii) of this section shall operate said coating line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraphs (e)(1)(ii) and (e)(6)(iii) of this section. (iv) No owner or operator of a coating line complying by means of paragraph (e)(2) of this section shall operate said coating line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraphs (e)(2) and (e)(6)(iv) of this section. (6) Recordkeeping and reporting. The VOM content of each coating and the efficiency of each capture system and control device shall be determined by the applicable test methods and procedures specified in paragraph (a)(4) of this section to establish the records required under paragraph (e)(6) of this section. (i) Any owner or operator of a coating line which is exempted from the limitations of paragraph (e)(1) of this section because of paragraph (e)(3)(i) of this section shall comply with the following: (A) By July 1, 1991, the owner or operator of a facility referenced in paragraph (e)(6)(i) of this section shall certify to the Administrator that the facility is exempt under the provisions of paragraph (e)(3)(i) of this section. Such certification shall include: (1) A declaration that the facility is exempt from the limitations of paragraph (e)(1) of this section because of paragraph (e)(3)(i) of this section; and (2) Calculations which demonstrate that the combined VOM emissions from all coating lines at the facility never exceed 6.8 kg (15 lbs) per day before the application of capture systems and control devices. The following equation shall be used to calculate total VOM emissions: Where: Te=Total VOM emissions from coating lines at a facility each day before the application of capture systems and control devices in units of kg/day (lbs/day), m=Number of coating lines at the facility, j=Subscript denoting an individual coating line, n=Number of different coatings as applied each day on each coating line at the facility, i=Subscript denoting an individual coating, Ai=Weight of VOM per volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line at the facility in units of kg VOM/l (lbs VOM/gal), and Bi=Volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line at the facility in units of l/day (gal/day). The instrument or method by which the owner or operator accurately measured or calculated the volume of each coating as applied on each coating line each day shall be described in the certification to the Administrator. (B) On and after July 1, 1991, the owner or operator of a facility referenced in paragraph (e)(6)(i) of this section shall collect and record all of the following information each day for each coating line and maintain the information at the facility for a period of three years: (1) The name and identification number of each coating as applied on each coating line. (2) The weight of VOM per volume and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line. (C) On and after July 1, 1991, the owner or operator of a facility exempted from the limitations of paragraph (e)(1) of this section because of paragraph (e)(3)(i) of this section shall notify the Administrator of any record showing that total VOM emissions from the coating facility exceed 6.8 kg (15 lbs) in any day before the application of capture systems and control devices shall be reported by sending a copy of such record to the Administrator within 30 days after the exceedance occurs. (ii) Any owner or operator of a coating line subject to the limitations of paragraph (e)(1) of this section and complying by means of paragraph (e)(1)(i) of this section shall comply with the following: (A) By July 1, 1991, or upon initial start-up of a new coating line, or upon changing the method of compliance from an existing subject coating line from paragraph (e)(1)(ii) or paragraph (e)(2) to paragraph (e)(1)(i) of this section; the owner or operator of a subject coating line shall certify to the Administrator that the coating line will be in compliance with paragraph (e)(1)(i) of this section on and after July 1, 1991, or on and after the initial start-up date. Such certification shall include: (1) The name and identification number of each coating as applied on each coating line. (2) The weight of VOM per volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line. (3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this section, certification shall include: (i) The name and identification number of each coating line which will comply by means of paragraph (e)(1)(i)(A)(3) of this section, (ii) The name and identification number of each coating as applied on each coating line, (iii) The weight of VOM per volume of each coating as applied on each coating line, (iv) The instrument or method by which the owner or operator will accurately measure or calculate the volume of each coating as applied each day on each coating line, (v) The method by which the owner or operator will create and maintain records each day as required in paragraph (e)(6)(ii)(B) of this section for coating lines subject to paragraph (e)(1)(i)(A)(3) of this section, (vi) An example format in which the records required in paragraph (e)(6)(ii)(B) of this section for coating lines subject to paragraph (e)(1)(i)(A)(3) of this section. (B) On and after July 1, 1991, or on and after the initial start-up date, the owner or operator of a coating line subject to the limitations of paragraph (e)(1) of this section and complying by means of paragraph (e)(1)(i) of this section shall collect and record all of the following information each day for each coating line and maintain the information at the facility for a period of three years: (1) The name and identification number of each coating as applied on each coating line. (2) The weight of VOM per volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line. (3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this section, the owner or operator shall maintain all records necessary to calculate the daily-weighted average VOM content from the coating line in accordance with the proposal submitted, and approved by the Administrator, pursuant to paragraph (e)(1)(A)(3) of this section. (C) On and after July 1, 1991, the owner or operator of a subject coating line shall notify the Administrator in the following instances: (1) Any record showing violation of paragraph (e)(1)(i) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following the occurrence of the violation, except that any record showing a violation of paragraph (e)(1)(i)(A)(3) of this section shall be reported by sending a copy of such record to the Administrator within 15 days from the end of the month in which the violation occurred. (2) At least 30 calendar days before changing the method of compliance with paragraph (e)(1) of this section from paragraph (e)(1)(i) to paragraph (e)(1)(ii) or paragraph (e)(2) of this section, the owner or operator shall comply with all requirements of paragraph (e)(6) (iii)(A) or (iv)(A) of this section, respectively. Upon changing the method of compliance with paragraph (e)(1) of this section from paragraph (e)(1)(i) to paragraph (e)(1)(ii) or paragraph (e)(2) of this section, the owner or operator shall comply with all requirements of paragraph (e)(6) (iii) or (iv) of this section, respectively. (3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this section, the owner or operator shall notify the Administrator of any change to the topcoating operation at least 30 days before the change is effected. The Administrator shall determine whether or not recertification testing is required. If the Administrator determines that recertification testing is required, then the owner or operator shall submit a proposal to the Administrator to test within 30 days and retest within 30 days of the Administrator's approval of the proposal. (iii) Any owner or operator of a coating line subject to the limitations of paragraph (e)(1) of this section and complying by means of paragraph (e)(1)(ii) of this section shall comply with the following: (A) By July 1, 1991, or upon initial start-up of a new coating line, or upon changing the method of compliance for an existing subject coating line from paragraph (e)(1)(i) or paragraph (e)(2) to paragraph (e)(1)(ii) of this section; the owner or operator of the subject coating line shall certify to the Administrator that the coating line will be in compliance with paragraph (e)(1)(ii) of this section on and after July 1, 1991, or on and after the initial start-up date. Such certification shall include: (1) The name and identification number of each coating line which will comply by means of paragraph (e)(1)(ii) of this section. (2) The name and identification number of each coating as applied on each coating line. (3) The weight of VOM per volume and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line. (4) The instrument or method by which the owner or operator will accurately measure or calculate the volume of each coating as applied each day on each coating line. (5) The method by which the owner or operator will create and maintain records each day as required in paragraph (e)(6)(iii)(B) of this section. (6) An example of the format in which the records required in paragraph (e)(6)(iii)(B) of this section will be kept. (B) On and after July 1, 1991, or on and after the initial start-up date, the owner or operator of a coating line subject to the limitations of paragraph (e)(1) of this section and complying by means of paragraph (e)(1)(ii) of this section, shall collect and record all of the following information each day for each coating line and maintain the information at the facility for a period of three years: (1) The name and identification number of each coating as applied on each coating line. (2) The weight of VOM per volume and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line. (3) The daily-weighted average VOM content of all coatings as applied on each coating line as defined in paragraph (a)(3) of this section. (C) On and after July 1, 1991, the owner or operator of a subject coating line shall notify the Administrator in the following instances: (1) Any record showing violation of paragraph (e)(1)(ii) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following the occurrence of the violation. (2) At least 30 calendar days before changing the method of compliance with paragraph (e) from paragraph (e)(1)(ii) to paragraph (e)(1)(i) or paragraph (e)(2) of this section, the owner or operator shall comply with all requirements of paragraph (e)(6)(ii)(A) or (iv)(A), respectively. Upon changing the method of compliance with paragraph (e) from paragraph (e)(1)(ii) to paragraph (e)(1)(i) or paragraph (e)(2) of this section, the owner or operator shall comply with all requirements of paragraph (e)(6)(ii) or (iv), respectively. (iv) Any operator or owner of a coating line subject to the limitations of paragraph (e)(2) of this section and complying by means of paragraph (e)(2)(ii), (iii), (iv), (v), (vi) or (vii) of this section shall comply with the following: (A) By July 1, 1991, or upon initial start-up of a new coating line, or upon changing the method of compliance for an existing coating line from paragraph (e)(1) (i) or (ii) to paragraph (e)(2) of this section; the owner or operator of the subject coating line shall perform all tests and submit to the Administrator the results of all tests and calculations necessary to demonstrate that the subject coating line will be in compliance with paragraph (e)(2) of this section on and after July 1, 1991, or on and after the initial start-up date. (B) On and after July 1, 1991, or on and after the initial start-up date, the owner or operator of a coating line subject to the limitations of paragraph (e)(2) of this section and complying by means of paragraph (e)(2) (ii), (iii), (iv), (v), (vi) or (vii) of this section shall collect and record all of the following information each day for each coating line and maintain the information at the facility for a period of three years: (1) The weight of VOM per volume of coating solids as applied each day on each coating line, if complying pursuant to paragraph (e)(2)(i)(B) of this section. (2) Control device monitoring data. (3) A log operating time for the capture system, control device, monitoring equipment and the associated coating line. (4) A maintenance log for the capture system, control device and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages. (C) On and after July 1, 1991, the owner or operator of a subject coating line shall notify the Administrator in the following instances: (1) Any record showing violation of paragraph (e)(2) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following the occurrence of the violation. (2) At least 30 calendar days before changing the method of compliance with paragraph (e) from paragraph (e)(2) to paragraph (e)(1)(i) or paragraph (e)(1)(ii) of this section, the owner or operator shall comply with all requirements of paragraph (e)(6)(ii)(A) or (iii)(A) of this section, respectively. Upon changing the method of compliance with paragraph (e) from paragraph (e)(2) to paragraph (e)(1)(i) or paragraph (e)(1)(ii) of this section, the owner or operator shall comply with all requirements of paragraph (e)(6)(ii) or (iii) of this section, respectively. (7) Compliance schedule for diesel electric locomotive coatings. Notwithstanding any other provision of this subpart, the compliance date for the emission limitations and standards for “topcoat” and “final repair coat” operations only as applied to General Motors Corporation at their diesel electric locomotive coating lines in Cook County, Illinois, codified at 40 CFR 52.741(e)(1)(i)(M) (2) and (3) is specified in this paragraph (e)(7). Compliance with the requirements of paragraph (e)(1), (e)(2) or (e)(3) of this section and paragraph (e)(6) of this section must be in accordance with the appropriate compliance schedule as specified in paragraph (e)(7)(i),(ii),(iii), or (iv) of this section. (i) No owner or operator of a coating line which is exempt from the limitations of paragraph (e)(1) of this section because of the criteria in paragraph (e)(3)(i) of this section shall operate said coating line on or after March 25, 1995, unless the owner or operator has complied with, and continues to comply with, paragraph (e)(6)(i) of this section. (ii) No owner or operator of a coating line complying by means of paragraph (e)(1)(i) of this section shall operate said coating line on or after March 25, 1995, unless the owner or operator has complied with, and continues to comply with, paragraph (e)(1)(i) and (e)(6)(ii) of this section. (iii) No owner or operator of a coating line complying by means of paragraph (e)(1)(ii) of this section shall operate said coating line on or after March 25, 1995, unless the owner or operator has complied with, and continues to comply with, paragraphs (e)(1)(ii) and (e)(6)(iii) of this section. (iv) No owner or operator of a coating line complying by means of paragraph (e)(2) of this section shall operate said coating line on or after March 25, 1995, unless the owner or operator has complied with, and continues to comply with, paragraphs (e)(2) and (e)(6)(iv) of this section. (8) The control requirements in this paragraph apply to the wood coating line, which coats wooden globe stand components, at Replogle Globes, Inc. (Replogle) Broadview facility in Cook County, Illinois, instead of the control requirements in paragraphs (e)(1) and (e)(2) of this section. Compliance with this paragraph must be demonstrated through the applicable coating analysis test methods and procedures specified in paragraph (a)(4)(i) of this section. (i) After October 6, 1991, no coatings shall at any time be applied which exceed the following emission limitations for the specified coating. (A) 6.59 pounds (lbs) Volatile Organic Material (VOM) per gallon of stain (minus water and any compounds which are specifically exempted from the definition of VOM) as applied to coat wooden globe stand components. Such stain consists of #9250 Walnut NGR Stain (RGI # W06000100), #9974 Cherry NGR Stain (RGI # W06003500) and #9943 Ash NGR Stain (RGI # W06003600). The Administrator must be notified at least ten (10) days prior to the use of any replacement stains. (B) 5.53 lbs VOM per gallon of Sanding Sealer (minus water and any compounds which are specifically exempted from the definition of VOM) as applied to coat wooden globe stand components. Such sealer consists of #15304 High Build Sanding Sealer (RGI # W06003700). The Administrator must be notified at least ten (10) days prior to the use of any replacement sanding sealer. (C) 5.20 lbs VOM per gallon of lacquer (minus water and any compounds which are specifically exempted from the definition of VOM) as applied to coat wooden globe stand components. Such lacquer consists of #15352 High Build Lacquer (RGI # W06003300). The Administrator shall be notified at least ten (10) days prior to the use of any replacement lacquer. (ii) After October 6, 1991, the volume of coatings used shall not exceed the following: (A) 5,000 gallons per year total for all coatings specified in paragraph (e)(8)(i)(A) of this section. The yearly volume of coatings used are to be calculated as follows: (1) Compute the volume of specified coating used each month by the 15th of the following month. (2) By the 15th of each month, add the monthly coating use for the 12 previous months (to obtain the yearly volume of coatings used). (B) 4,000 gallons per year total for all coatings specified in paragraph (e)(8)(i)(B) of this section. The yearly volume of the coatings used are to be calculated as specified in paragraphs (e)(8)(ii)(A)(1) and (e)(8)(ii)(A)(2) of this section. (C) 5,000 gallons per year total for all coatings specified in paragraph (e)(8)(i)(C) of this section. The yearly volume of coatings used are to be calculated as specified in paragraphs (e)(8)(ii)(A)(1) and (e)(8)(ii)(A)(2) of this section. (iii) Beginning on October 6, 1991, the owner and operator of the Replogle Globes, Inc. plant in Broadview, Illinois shall keep the following records for each month. All records shall be retained at Replogle Globes, Inc. for three (3) years and shall be made available to the Administrator on request. (A) the name and identification number of each coating as applied on any wood coating line. (B) The weight of VOM per volume (determined in accordance with the procedures in paragraph (a)(4)(i) of this section) and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each month on any wood coating line. (9) [Reserved] (10) Until December 31, 1996, the control and recordkeeping requirements in this paragraph apply to the three solvent-based polyester paper coating lines (Lines C, D and E) at Riverside Laboratories' Kane County, Illinois facility, instead of the control requirements in paragraphs (e)(1) and (e)(2) of this section and the recordkeeping requirements in paragraph (e)(6) of this section. Compliance with this paragraph must be demonstrated through the applicable coating analysis test methods and procedures specified in paragraph (a)(4)(i) of this section. The requirements in paragraphs (e)(1), (e)(2), and (e)(6) of this section shall apply to Riverside on and after December 31, 1996. (i) After December 21, 1995, no coatings shall at any time be applied on Lines C, D or E which exceed 3.5 pounds (lbs.) volatile organic material (VOM) per gallon of coating (minus water and any compounds which are specifically exempted from the definition of VOM), except as provided in paragraph (e)(10)(ii) of this section. (ii) After December 21, 1995, the following specifically identified coatings may exceed 3.5 lbs. VOM per gallon of coating (minus water and any compounds which are specifically exempted from the definition of VOM) only if they are applied on Line E and they do not exceed the limits indicated below (minus water and any compounds which are specifically exempted from the definition of VOM): EXP–5027—4.34 lbs./gallon PD 75 CLR—4.19 lbs./gallon PD 75 BRN—4.18 lbs./gallon SQZ–54—3.88 lbs./gallon SPX–34GL—3.51 lbs./gallon (iii) That portion of Riverside's polyester production which is manufactured with the use of any VOC, from Lines C, D, and E, may not exceed the following levels: 35 million square feet per year during and after 1992, 29 million square feet per year during and after 1994, and 25 million square feet during 1996. Compliance with this requirement shall be determined by adding the polyester production from any 12 consecutive months during and after the years indicated, through 1996. That is, the polyester production for any 12 consecutive months starting with January 1992 cannot exceed 35 million square feet; the polyester production from any 12 consecutive months starting with January 1994 cannot exceed 29 million square feet; and the polyester production for the twelve months from January through December 1996 cannot exceed 25 million square feet. Only those square feet of polyester whose production involves the use of VOC need to be restricted by the production levels in this paragraph (e)(10)(iii) of this section. (iv) By December 21, 1995, Riverside shall certify to the Administrator that its polyester coating operations will be in compliance with paragraphs (e)(10)(i), (e)(10)(ii), and (e)(10)(iii) of this section. Such certification shall include the following: (A) The name and identification number of each coating as applied on coating lines C, D and E. (B) The weight of VOM per volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied on each coating line. (v) The Administrator must be notified at least 10 days prior to the use of any polyester coating not previously identified pursuant to paragraph (e)(10)(iv) of this section. This notification must include the information specified in paragraphs (e)(10)(iv)(A) and (e)(10)(iv)(B) of this section. (vi) On and after December 21, 1995, Riverside shall collect and record all of the following information each day for each coating and maintain the information at the facility for a period of 3 years: (A) The name and identification number of each coating as applied. (B) The weight of VOM per volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day. (C) Any record showing a VOM content in excess of the emission limits in paragraph (e)(10)(i) or (e)(10)(ii) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following its collection. (D) Any VOM besides acetone used in any coating must be identified. (vii) Starting with the first full month after December 21, 1995, Riverside shall collect and record the figures on polyester production (in square feet), for each month and maintain the information at the facility for a period of at least 3 years. (viii) Regardless of any other provision of paragraph (e)(10) of this section, after August 21, 1995 no coating which contains any VOM other than acetone shall at any time be applied on Line C, D, or E which exceeds 2.9 lbs. VOM per gallon of coating (minus water and any compounds which are specifically exempted from the definition of VOM). (f)–(g) [Reserved] (h) Printing and publishing—(1) Flexographic and rotogravure printing. (i) No owner or operator of a subject flexographic, packaging rotogravure or publication rotogravure printing line shall apply at any time any coating or ink unless the VOM content does not exceed the limitation specified in either paragraph (h)(1)(i)(A) or (B) of this section. Compliance with this paragraph must be demonstrated through the applicable coating or ink analysis test methods and procedures specified in paragraph (a)(4)(i) of this section and the recordkeeping and reporting requirements specified in paragraph (h)(4)(ii) of this section. As an alternative to compliance with paragraph (h)(1)(i) of this section, a subject printing line may meet the requirements of paragraph (h)(1)(ii) or (iii) of this section. (A) Forty percent VOM by volume of the coating and ink (minus water and any compounds which are specifically exempted from the definition of VOM), or (B) Twenty-five percent VOM by volume of the volatile content in the coating and ink. (ii) No owner or operator of a subject flexographic, packaging rotogravure or publication rotogravure printing line shall apply coatings or inks on the subject printing line unless the weighted average, by volume, VOM content of all coatings and inks as applied each day on the subject printing line does not exceed the limitation specified in either paragraph (h)(1)(i)(A) (as determined by paragraph (h)(1)(ii)(A) or (h)(1)(i)(B) (as determined by paragraph (h)(1)(ii)(B) of this section. Compliance with this paragraph must be demonstrated through the applicable coating or ink analysis test methods and procedures specified in paragraph (a)(4)(i) of this section and the recordkeeping and reporting requirements specified in paragraph (h)(4)(iii) of this section. (A) The following equation shall be used to determine if the weighted average VOM content of all coatings and inks as applied each day on the subject printing line exceeds the limitation specified in paragraph (h)(1)(i)(A) of this section. Where: VOM(i)(A)=The weighted average VOM content in units of percent VOM by volume of all coatings and inks (minus water and any compounds which are specifically exempted from the definition of VOM) used each day, i=Subscript denoting a specific coating or ink as applied, n=The number of different coatings and/or inks as applied each day on a printing line, Ci=The VOM content in units of percent VOM by volume of each coating or ink as applied (minus water and any compounds which are specifically exempted from the defintion of VOM), Li=The liquid volume of each coating or ink as applied in units of l (gal), Vsi=The volume fraction of solids in each coating or ink as applied, and VVOMi=The volume fraction of VOM in each coating or ink as applied. (B) The following equation shall be used to determine if the weighted average VOM content of all coatings and inks as applied each day on the subject printing line exceeds the limitation specified in paragraph (h)(1)(i)(B) of this section. Where: VOM(i)(B)=The weighted average VOM content in units of percent VOM by volume of the volatile content of all coatings and inks used each day, i=Subscript denoting a specific coating or ink as applied, n=The number of different coatings and/or inks as applied each day on each printing line, Ci=The VOM content in units of percent VOM by volume of the volatile matter in each coating or ink as applied, Li=The liquid volume of each coating or ink as applied in units of l (gal), and VVMi=The volume fraction of volatile matter in each coating or ink as applied. (iii) No owner or operator of a subject flexographic, packaging rotogravure or publication rotogravure printing line equipped with a capture system and control device shall operate the subject printing line unless the owner or operator meets the requirements in paragraph (h)(1)(iii) (A), (B) or (C) and paragraphs (h)(1)(iii) (D), (E) and (F) of this section. (A) A carbon adsorption system is used which reduces the captured VOM emissions by at least 90 percent by weight, or (B) An incineration system is used which reduces the captured VOM emissions by at least 90 percent by weight, or (C) An alternative VOM emission reduction system is demonstrated to have at least a 90 percent control device efficiency and the alternative emission reduction system is approved by the Administrator as a SIP or FIP revisions, and (D) The printing line is equipped with a capture system and control device that provides an overall reduction in VOM emissions of at least: (1) 75 percent where a publication rotogravure printing line is employed, or (2) 65 percent where a packaging rotogravure printing line is employed, or (3) 60 percent where a flexographic printing line is employed, and (E) The control device is equipped with the applicable monitoring equipment specified in paragraph (a)(4)(iv)(B) of this section and the monitoring equipment is installed, calibrated, operated and maintained according to vendor specifications at all times the control device is in use, and (F) The capture system and control device are operated at all times when the subject printing line is in operation. The owner or operator shall demonstrate compliance with this paragraph by using the applicable capture system and control device test methods and procedures specified in paragraphs (a)(4) (iii) through (vi) of this section and by complying with the recordkeeping and reporting requirements specified in paragraph (h)(4)(iv) of this section. (2) Applicability. (i) The limitations of paragraph (h)(1) of this section apply to all flexographic and rotogravure printing lines at a subject facility. All facilities with flexographic and/or rotogravure printing lines are subject facilities unless: (A) Total maximum theoretical emissions of VOM from all flexographic and rotogravure printing line(s) at the facility never exceed 90.7 Mg (100 tons) per calendar year before the application of capture systems and control devices, or (B) A federally enforceable construction permit or SIP or FIP revision for all flexographic and rotogravure printing line(s) at a facility requires the owner or operator to limit production or capacity of these printing line(s) to reduce total VOM emissions from all flexographic and rotogravure printing line(s) to 90.7 Mg (100 tons) or less per calendar year before the application of capture systems and control devices. (ii) Upon achieving compliance with paragraph (h) of this section, the emission source is not required to meet subpart K (sections 215.301 or 215.302) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742). Emission sources exempt from paragraph (h) of this section are subject to subpart K (sections 215.301 or 215.302). Rotogravure or flexographic equipment used for both roll printing and paper coating are subject to paragraph (h) of this section. (iii) Once subject to the limitations of paragraph (h)(1) of this section, a flexographic or rotogravure printing line is always subject to the limitations of paragraph (h)(1) of this section. (iv) Any owner or operator of any flexographic or rotogravure printing line that is exempt from the limitations of paragraph (h)(1) of this section because of the criteria in paragraph (h)(2) of this section is subject to the recordkeeping and reporting requirements specified in paragraph (h)(4)(i) of this section. (3) Compliance schedule. Every owner or operator of a flexographic and/or rotogravure printing line shall comply with the applicable requirements of paragraph (h)(1) of this section and paragraph (h)(4) of this section in accordance with the applicable compliance schedule specified in paragraph (h)(3) (i), (ii), (iii) or (iv) of this section. (i) No owner or operator of a flexographic or rotogravure printing line which is exempt from the limitations of paragraph (h)(1) of this section because the criteria in paragraph (h)(2) of this section shall operate said printing line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraph (h)(4)(i) of this section. (ii) No owner or operator of a flexographic or rotogravure printing line complying by means of paragraph (h)(1)(i) of this section shall operate said printing line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraphs (h)(1)(i) and (h)(4)(ii) of this section. (iii) No owner or operator of a flexographic or rotogravure printing line complying by means of paragraph (h)(1)(ii) of this section shall operate said printing line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraphs (h)(1)(ii) and (h)(4)(iii) of this section. (iv) No owner or operator of a flexographic or rotogravure printing line complying by means of paragraph (h)(1)(iii) of this section shall operate said printing line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraphs (h)(1)(iii) and (h)(4)(iv) of this section. (4) Recordkeeping and reporting. The VOM content of each coating and ink and the efficiency of each capture system and control device shall be determined by the applicable test methods and procedures specified in paragraph (a)(4) of this section to establish the records required under paragraph (h)(4) of this section. (i) Any owner or operator of a printing line which is exempted from the limitations of paragraph (h)(1) of this section because of the criteria in paragraph (h)(2) of this section shall comply with the following: (A) By July 1, 1991, the owner or operator of a facility to which paragraph (h)(4)(i) of this section is applicable shall certify to the Administrator that the facility is exempt under the provisions of paragraph (h)(2) of this section. Such certification shall include: (1) A declaration that the facility is exempt from the limitations of the criteria in paragraph (h)(1) of this section because of paragraph (h)(2) of this section, and (2) Calculations which demonstrate that total maximum theoretical emissions of VOM from all flexographic and rotogravure printing lines at the facility never exceed 90.7 Mg (100 tons) per calendar year before the application of capture systems and control devices. Total maximum theoretical emissions of VOM for a flexograhpic or rotogravure printing facility is the sum of maximum theoretical emissions of VOM from each flexographic and rotogravure printing line at the facility. The following equation shall be used to calculate total maximum theoretical emissions of VOM per calendar year before the application of capture systems and control devices for each flexographic and rotogravure printing line at the facility: Ep = A × B Where: Ep=Total maximum theoretical emissions of VOM from one flexographic or rotogravure printing line in units of kg/year (lbs/year), A=Weight of VOM per volume of solids of the coating or ink with the highest VOM content as applied each year on the printing line in units of kg VOM/l (lbs VOM/gal) of coating or ink solids, and B=Total volume of solids for all coatings and inks that can potentially be applied each year on the printing line in units of l/year (gal/year). The instrument and/or method by which the owner or operator accurately measured or calculated the volume of each coating and ink as applied and the amount that can potentially be applied each year on the printing line shall be described in the certification to the Administrator. (B) On and after July 1, 1991, the owner or operator of a facility referenced in paragraph (h)(4)(i) of this section shall collect and record all of the following information each year for each printing line and maintain the information at the facility for a period of three years: (1) The name and identification number of each coating and ink as applied on each printing line. (2) The VOM content and the volume of each coating and ink as applied each year on each printing line. (C) On and after July 1, 1991, the owner or operator of a facility exempted from the limitations of paragraph (h)(1) of this section because of the criteria in paragraph (h)(2) of this section shall notify the Administrator of any record showing that total maximum theoretical emissions of VOM from all printing lines exceed 90.7 Mg (100 tons) in any calendar year before the application of capture systems and control devices, shall be reported by sending a copy of such record to the Administrator within 30 days after the exceedance occurs. (ii) Any owner or operator of a printing line subject to the limitations of paragraph (h)(1) of this section and complying by means of paragraph (h)(1)(i) of this section shall comply with the following: (A) By July 1, 1991, or upon initial start-up of a new printing line, or upon changing the method of compliance from an existing subject printing line from paragraph (h)(1) (ii) or (iii) of this section to paragraph (h)(1)(i) of this section, the owner or operator of a subject printing line shall certify to the Administrator that the printing line will be in compliance with paragraph (h)(1)(i) of this section on and after July 1, 1991, or on and after the initial start-up date. Such certification shall include: (1) The name and identification number of each coating and ink as applied on each printing line. (2) The VOM content of each coating and ink as applied each day on each printing line. (B) On and after July 1, 1991, or on and after the initial start-up date, the owner or operator of a printing line subject to the limitations of paragraph (h)(1) of this section and complying by means of paragraph (h)(1)(i) of this section shall collect and record all of the following information each day for each coating line and maintain the information at the facility for a period of three years: (1) The name and identification number of each coating and ink as applied on each printing line. (2) The VOM content of each coating and ink as applied each day on each printing line. (C) On and after July 1, 1991, the owner or operator of a subject printing line shall notify the Administrator in the following instances: (1) Any record showing violation of paragraph (h)(1)(i) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following the occurrence of the violation. (2) At least 30 calendar days before changing the method of compliance with paragraph (h)(1) of this section from paragraph (h)(1)(i) of this section to paragraph (h)(1) (ii) or (iii) of this section, the owner or operator shall comply with all requirements of paragraph (h)(4) (iii)(A) or (iv)(A) of this section respectively. Upon changing the method of compliance with paragraph (h)(1) from paragraph (h)(1)(i) to paragraph (h)(1) (ii) or (iii) of this section, the owner or operator shall comply with all requirements of paragraph (h)(4) (iii) or (iv) of this section, respectively. (iii) Any owner or operator of a printing line subject to the limitations of paragraph (h)(1) of this section and complying by means of paragraph (h)(1)(ii) of this section shall comply with the following: (A) By July 1, 1991, or upon initial start-up of a new printing line, or upon changing the method of compliance for an existing subject printing line from paragraph (h)(1) (i) or (iii) of this section to paragraph (h)(1)(ii) of this section, the owner or operator of the subject printing line shall certify to the Administrator that the printing line will be in compliance with paragraph (h)(1)(ii) of this section on and after July 1, 1991, or on and after the initial start-up date. Such certification shall include: (1) The name and identification number of each printing line which will comply by means of paragraph (h)(1)(ii) of this section. (2) The name and identification number of each coating and ink available for use on each printing line. (3) The VOM content of each coating and ink as applied each day on each printing line. (4) The instrument or method by which the owner or operator will accurately measure or calculate the volume of each coating and ink as applied each day on each printing line. (5) The method by which the owner or operator will create and maintain records each day as required in paragraph (h)(4)(iii)(B) of this section. (6) An example of the format in which the records required in paragraph (h)(4)(iii)(B) of this section will be kept. (B) On and after July 1, 1991, or on and after the initial start-up date, the owner or operator of a printing line subject to the limitations of paragraph (h)(1) of this section and complying by means of paragraph (h)(1)(ii) of this section shall collecting line and maintain the information at the facility for a period of three years: (1) The name and identification number of each coating and ink as applied on each printing line. (2) The VOM content and the volume of each coating and ink as applied each day on each printing line. (3) The daily-weighted average VOM content of all coatings and inks as applied on each printing line. (C) On and after July 1, 1991, the owner or operator of a subject printing line shall notify the Administrator in the following instances: (1) Any record showing violation of paragraph (h)(1)(ii) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following the occurrence of the violation. (2) At least 30 calendar days before changing the method of compliance with paragraph (h)(1) of this section from paragraph (h)(1)(ii) to paragraph (h)(1)(i) or (iii) of this section, the owner or operator shall comply with all requirements of paragraph (h)(4)(ii)(A) or (iv)(A), respectively. Upon changing the method of compliance with paragraph (h)(1) from paragraph (h)(1)(ii) to paragraph (h)(1)(i) or (iii), the owner or operator shall comply with all requirements of paragraph (h)(4)(ii) or (iv) of this section, respectively. (iv) Any owner or operator of a printing line subject to the limitations of paragraph (h)(1) of this section and complying by means of paragraph (h)(1)(iii) of this section shall comply with the following: (A) By July 1, 1991, or upon initial start-up of a new printing line, or upon changing the method of compliance for an existing printing line from paragraph (h)(1)(i) or (ii) of this section to paragraph (h)(1)(iii) of this section, the owner or operator of the subject printing line shall perform all tests and submit to the Administrator the results of all tests and calculations necessary to demonstrate that the subject printing line will be in compliance with paragraph (h)(1)(iii) of this section on and after July 1, 1991, or on and after the initial start-up date. (B) On and after July 1, 1991, or on and after the initial start-up date, the owner or operator of a printing line subject to the limitations of paragraph (h)(1) of this section and complying by means of paragraph (h)(1)(iii) of this section shall collect and record all of the following information each day for each printing line and maintain the information at the facility for a period of three years: (1) Control device monitoring data. (2) A log of operating time for the capture system, control device, monitoring equipment and the associated printing line. (3) A maintenance log for the capture system, control device and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages. (C) On and after July 1, 1991, the owner or operator of a subject printing line shall notify the Administration in the following instances: (1) Any record showing violation of paragraph (h)(1)(iii) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following the occurrence of the violation. (2) At least 30 calendar days before changing the method of compliance with paragraph (h)(1) from paragraph (h)(1)(iii) to paragraph (h)(1) (i) or (ii), the owner or operator shall comply with all requirements of paragraph (h)(4) (ii)(A) or (iii)(A) of this section, respectively. Upon changing the method of compliance with paragraph (h)(1) from paragraph (h)(1)(iii) to paragraph (h)(1) (i) or (ii) of this section, the owner or operator shall comply with all requirements of paragraph (h)(4) (ii) or (iii) of this section, respectively. (5) Heatset-web-offset lithographic printing—(i) Applicability. (A) The limitations of paragraph (h)(5)(ii) of this section apply to all heatset-web-offset lithographic printing lines at a subject facility. All facilities with heatset-web-offset lithographic printing lines are subject facilities unless: (1) Total maximum theoretical emissions of VOM from all heatset-web-offset lithographic printing lines at the facility never exceed 90.7 Mg (100 tons) per calendar year in the absence of air pollution control equipment, or (2) A federally enforceable construction permit or SIP or FIP revision for all heatset-web-offset lithographic printing line(s) at a facility requires the owner or operator to limit production or capacity of these printing line(s) to reduce total VOM emissions from all heatset-web-offset lithographic printing line(s) to 90.7 Mg (100 tons) per calendar year or less in the absence of air pollution control equipment, and (B) Any owner or operator of any heatset-web-offset lithographic printing line that is exempt from the limitations in paragraph (h)(5)(ii) of this section because of the criteria in paragraph (h)(5)(i)(A) of this section shall be subject to the recordkeeping and reporting requirements in paragraph (h)(5)(iii)(A) of this section. (ii) Specific provisions. No owner or operator of a subject heatset-web-offset printing line may cause or allow the operation of the subject heatset-web-offset printing line unless the owner or operator meets the requirements in paragraph (h)(5)(ii) (A) or (B) of this section and the requirements in paragraphs (h)(5)(ii) (C) and (D) of this section. (A) An afterburner system is installed and operated that reduces 90 percent of the VOM emissions from the dryer exhaust, or (B) The fountain solution contains no more than 8 percent, by weight, of VOM and a condensation recovery system is installed and operated that removes at least 75 percent of the non-isopropyl alcohol organic materials from the dryer exhaust, and (C) The control device is equipped with the applicable monitoring equipment specified in paragraph (a)(4)(iv)(B) of this section and the monitoring equipment is installed, calibrated, operated and maintained according to vendor specifications at all times the control device is in use, and (D) The control device is operated at all times when the subject printing line is in operation. The owner or operator shall demonstrate compliance with paragraph (h)(5) of this section by using the applicable test methods and procedures specified in paragraphs (a)(4) (i), (iv), and (vi) of this section and by complying with the recordkeeping and reporting requirements specified in paragraph (h)(5)(iii) of this section. (iii) Recordkeeping and reporting. The VOM content of each fountain solution and ink and the efficiency of each control device shall be determined by the applicable test methods and procedures specified in paragraph (a)(4) of this section to establish the records required under paragraph (h)(5)(iii) of this section. (A) Any owner or operator of a printing line which is exempted from the limitations of paragraph (h)(5)(ii) of this section because of the criteria in paragraph (h)(5)(i) of this section shall comply with the following: (1) By July 1, 1991, the owner or operator of a facility to which paragraph (h)(5)(iii)(A) of this section is applicable shall certify to the Administrator that the facility is exempt under the provisions of paragraph (h)(5)(i) of this section. Such certification shall include: (i) A declaration that the facility is exempt from the limitations of paragraph (h)(5)(ii) of this section because of the criteria in paragraph (h)(5)(i) of this section, and (ii) Calculations which demonstrate that total maximum theoretical emissions of VOM from all heatset-web-offset lithographic printing lines at the facility never exceed 90.7 Mg (100 tons) per calendar year before the application of air pollution control equipment. Total maximum theoretical emissions of VOM for a heatset-web-offset lithographic printing facility is the sum of maximum theoretical emissions of VOM from each heatset-web-offset lithographic printing line at the facility. The following equation shall be used to calculate total maximum theoretical emissions of VOM per calendar year in the absence of air pollution control equipment for each heatset-web-offset lithographic printing line at the facility. Where: Ep=Total maximum theoretical emissions of VOM from one heatset-web-offset printing line in units of kg/year (lbs/year), A=Weight of VOM per volume of solids of ink with the highest VOM content as applied each year on the printing line in units of kg VOM/l (lbs VOM/gal) of solids, and B=Total volume of solids for all inks that can potentially be applied each year on the printing line in units of l/year (gal/year). The instrument or method by which the owner or operator accurately measured or calculated the volume of each ink as applied and the amount that can potentially be applied each year on the printing line shall be described in the certification to the Administrator. C=The weight percent VOM of the fountain solution with the highest VOM content. D=The total volume of fountain solution that can potentially be used each year on the printing line in units of l/year (gal/year). The instrument and/or method by which the owner or operator accurately measured or calculated the volume of each fountain solution used and the amount that can potentially be used each year on the printing line shall be described in the certification to the Administrator. (2) On and after July 1, 1991, the owner or operator of a facility to which paragraph (h)(5)(iii)(A) of this section is applicable shall collect and record all of the following information each year for each printing line and maintain the information at the facility for a period of three years: (i) The name and identification of each fountain solution and ink as applied on each printing line. (ii) The VOM content and the volume of each fountain solution and ink as applied each year on each printing line. (3) On and after July 1, 1991, the owner or operator of a facility exempted from the limitations of paragraph (h)(5)(ii) of this section because of the criteria in paragraph (h)(5)(i) of this section shall notify the Administrator of any record showing that total maximum theoretical emissions of VOM from all printing lines exceed 90.7 Mg (100 tons) in any calendar year in the absence of air pollution control equipment shall be reported by sending a copy of such record to the Administrator within 30 days after the exceedance occurs. (B) Any owner or operator of a printing line subject to the limitations of paragraph (h)(5)(ii) of this section and complying by means of paragraph (h)(5)(ii)(A) of this section shall comply with the following: (1) By July 1, 1991, or upon initial start-up of a new printing line, or upon changing the method of compliance for an existing printing line from paragraph (h)(5) (ii)(B) to (ii)(A) of this section, the owner or operator of the subject printing line shall perform all tests and submit to the Administrator the results of all tests and calculations necessary to demonstrate that the subject printing line will be in compliance with paragraph (h)(5)(ii)(A) of this section on and after July 1, 1991, or on and after the initial start-up date. (2) On and after July 1, 1991, or on and after the initial start-up date, the owner or operator of a printing line subject to the limitations of paragraph (h)(5)(ii) of this section and complying by means of paragraph (h)(5)(ii)(A) of this section shall collect and record the following information each day for each printing line and maintain the information at the facility for a period of three years: (i) Control device monitoring data. (ii) A log of operating time for the control device, monitoring equipment and the associated printing line. (iii) A maintenance log for the control device and monitoring equipment detailing all routine and nonroutine maintenance performed including dates and duration of any outages. (3) On and after July 1, 1991, the owner or operator of a subject printing line shall notify the Administrator in the following instances: (i) Any record showing violation of paragraph (h)(5)(ii)(A) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following the occurrence of the violation. (ii) At least 30 calendar days before changing the method of compliance with paragraph (h)(5)(ii) of this section from paragraph (h)(5) (ii)(A) to (ii)(B), the owner or operator shall comply with all requirements of paragraph (h)(5)(iii)(C)(1) of this section. Upon changing the method of compliance with paragraph (h)(5)(ii) from paragraph (h)(5) (ii)(A) to (ii)(B) of this section the owner or operator shall comply with all requirements of paragraph (h)(5)(iii)(C) of this section. (C) Any owner or operator of a printing line subject to the limitations of paragraph (h)(5)(ii) of this section and complying by means of paragraph (h)(5)(ii)(B) of this section shall comply with the following: (1) By July 1, 1991, or upon initial start-up of a new printing line, or upon changing the method of compliance for an existing printing line from paragraph (h)(5) (ii)(A) to (ii)(B) of this section, the owner or operator of the subject printing line shall perform all tests and submit to the Administrator the results of all tests and calculations necessary to demonstrate that the subject printing line will be in compliance with paragraph (h)(5)(ii)(B) of this section on and after July 1, 1991, or on and after the initial start-up date. (2) On and after July 1, 1991, or on and after the initial start-up date, the owner or operator of a printing line subject to the limitations of paragraph (h)(5)(ii) of this section and complying by means of paragraph (h)(5)(ii)(B) of this section shall collect and record the following information each day for each printing line and maintain the information at the facility for a period of three years: (i) The VOM content of the fountain solution used each day on each printing line. (ii) A log of operating time for the control device and the associated printing line. (iii) A maintenance log for the control device detailing all routine and non-routine maintenance performed including dates and duration of any outages. (3) On and after July 1, 1991, the owner or operator of a subject printing line shall notify the Administrator in the following instances: (i) Any record showing violation of paragraph (h)(5)(ii)(B) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following the occurrence of the violation. (ii) At least 30 calendar days before changing the method of compliance with paragraph (h)(5)(ii) of this section from paragraph (h)(5)(ii)(B) to (h)(5)(ii)(A) of this section, the owner or operator shall comply with all requirements of paragraph (h)(5)(iii)(B)(1) of this section. Upon changing the method of compliance with paragraph (h)(5)(ii) of this section from paragraph (h)(5)(ii)(B) to (h)(5)(ii)(A) of this section, the owner or operator shall comply with all requirements of paragraph (h)(5)(iii)(B) of this section. (iv) Compliance schedule. Every owner or operator of a heatset-web-offset lithographic printing line shall comply with the applicable requirements of paragraphs (h)(5) (ii) and (iii) of this section in accordance with the applicable compliance schedule specified in paragraph (h)(5)(iv) (A), (B) or (C) of this section. (A) No owner or operator of a heatset-web-offset lithographic printing line which is exempt from the limitations of paragraph (h)(5)(ii) of this section because of the criteria in paragraph (h)(5)(i) of this section shall operate said printing line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraphs (h)(5)(iii)(A) and (h)(5)(ii)(A) of this section. (B) No owner or operator of a heatset-web-offset lithographic printing line complying by means of paragraph (h)(5)(ii)(A) of this section shall operate said printing line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraphs (h)(5)(iii)(B) and (h)(5)(ii)(B) of this section. (C) No owner or operator of a heatset-web-offset lithographic printing line complying by means of paragraph (h)(5)(ii)(B) of this section shall operate said printing line on or after July 1, 1991, unless the owner or operator has complied with, and continues to comply with, paragraph (h)(5)(iii)(C) of this section. (6) The control and recordkeeping and reporting requirements, as well as the test methods in this paragraph, apply to the rotogravure and flexographic presses at General Packaging Products, Inc.'s (GPP) plant in Chicago, Illinois, instead of the requirements in 40 CFR 52.741(h)(1) through 40 CFR 52.741(h)(5). (i) After July 1, 1992, no inks or other volatile organic material (VOM) containing materials shall at any time be applied or used which have a higher percent VOM by weight than the following: (A) 8 percent VOM by weight for waterbased inks as applied on GPP's presses. (B) 82 percent VOM by weight for solvent based inks as applied on GPP's presses. (C) 100 percent VOM by weight for all other VOM containing materials (besides inks) as used on GPP's presses. (ii) After July 1, 1992, the weight of ink and other VOM containing materials used shall not exceed the following: (A) 200,000 pounds per year total for all waterbased inks, as applied (including dilution material). The yearly weight of waterbased inks used is to be calculated according to the procedure in paragraph (h)(6)(iii) of this section. (B) 100,008 pounds per year total for all solvent based inks, as applied (including dilution material). The yearly weight of solvent based inks used is to be calculated according to the procedure in paragraph (h)(6)(iii) of this section. (C) 100,000 pounds per year total (based upon the formulation of the material as it is used on the presses) for all other VOM containing materials (besides inks). The yearly weight of other VOM containing materials is to be calculated according to the procedure in paragraph (h)(6)(iii) of this section. (iii) The yearly weight of ink/material used is to be calculated as follows: (A) Compute the weight of ink/material used each month by the 15th of the following month. (B) By the 15th of each month, add the monthly ink/material usage for the 12 previous months (to obtain the yearly weight of ink/material used). (iv) Beginning on July 1, 1992, the owner and operator of GPP's plant in Chicago, Illinois, shall keep the following records for each month. All records shall be retained at GPP for 3 years and shall be made available to the Administrator on request: (A) The name and identification number of each waterbased ink, each solvent based ink, and each other VOM containing material as applied or used on any press. (B) The pounds of waterbased ink as applied on all presses for each month and the percent VOM by weight for each waterbased ink as applied on any press for each month. (C) The pounds of solvent based ink as applied on all presses for each month and the percent VOM by weight for each solvent based ink as applied on any press for each month. (D) The pounds of other (non-ink) VOM containing material used on all presses for each month and the percent VOM by weight for each (non-ink) VOM containing material as used on any press for each month. (v) Any record showing a violation of paragraph (h)(6)(i) or (h)(6)(ii) of this section shall be reported by sending a copy of such record to the Administrator within 30 days of the violation. (vi) To determine compliance with paragraphs (h)(6)(i) and (h)(6)(ii) of this section and to establish the records required under paragraph (h)(6)(iv) of this section the percent VOM by weight of each ink and other VOM containing material shall be determined by the applicable test methods and procedures specified in paragraph (a)(4) of this section. (i) Leaks from synthetic organic chemical and polymer manufacturing equipment—(1) Inspection program for leaks. The owner or operator of a synthetic organic chemical or polymer manufacturing plant subject to paragraph (i) and subpart Q (sections 215.430, 215.431, 215.433, 215.434, 215.435, and 215.437) of Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) shall, for the purposes of detecting leaks, conduct a component inspection program using the test methods specified in Method 21, 40 CFR part 60, appendix A, consistent with the following provisions: (i) Test annually those components operated near extreme temperature or pressure such that they would be unsafe to routinely monitor and those components which would require the elevation of monitoring personnel higher than two meters above permanent worker access structures or surfaces. (ii) Test quarterly all other pressure relief valves in gas service, pumps in light liquid service, valves in light liquid service and in gas service, and compressors. (iii) If less than or equal to 2 percent of the valves in light liquid service and in gas service tested pursuant to paragraph (i)(1)(ii) of this section are found not to leak for five consecutive quarters, no leak tests shall be required for three consecutive quarters. Thereafter, leak tests shall resume for the next quarter. If that test shows less than or equal to 2 percent of the valves in light liquid service and in gas service are leaking, then no tests are required for the next three quarters. If more than 2 percent are leaking, then tests are required for the next five quarters. (iv) Observe visually all pump seals weekly. (v) Test immediately any pump seal from which liquids are observed dripping. (vi) Test any relief valve within 24 hours after it has vented to the atmosphere. (vii) Routine instrument monitoring of valves which are not externally regulated, flanges, and equipment in heavy liquid service, is not required. However, any valve which is not externally regulated, flange or piece of equipment in heavy liquid service that is found to be leaking on the basis of sight, smell or sound shall be repaired as soon as practicable but no later than 30 days after the leak is found. (viii) Test immediately after repair any component that was found leaking. (ix) Within one hour of its detection, a weatherproof, readily visible tag, in bright colors such as red or yellow, bearing an identification number and the date on which the leak was detected must be affixed on the leaking component and remain in place until the leaking component is repaired. (x) The following components are exempt from the monitoring requirements in paragraph (i)(1) of this section: (A) Any component that is in vacuum service, and (B) Any pressure relief valve that is connected to an operating flare header or vapor recovery device. (2) Alternative program for leaks. The Administrator shall approve an alternative program of monitoring, recordkeeping, or reporting to that prescribed in paragraph (i) and subpart Q (sections 215.430, 215.431, 215.433, 215.434, 215.435, and 215.437) of Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), upon a demonstration by the owner or operator of such plant that the alternative program will provide plant personnel and USEPA personnel with an equivalent ability to identify and repair leaking components. Any alternative program can only be allowed if approved by the Administrator as a SIP or FIP revision. (j) Petroleum refining and related industries: asphalt materials—(1) Monitoring program for leaks. (i) The owner or operator of a petroleum refinery subject to subpart R (section 215.445) of Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) shall, for the purpose of detecting leaks, conduct a component monitoring program consistent with the following provisions: (A) Test once between March 1 and June 1 of each year, by methods referenced in paragraph (a)(4)(vii) of this section, all pump seals, pipeline valves in liquid service and process drains. (B) Test once each quarter of each calendar year, by methods referenced in paragraph (a)(4)(vii) of this section, all pressure relief valves in gaseous service, pipeline valves in gaseous service and compressor seals. (C) Inaccessible valves may be tested once each calendar year instead of once each quarter of each calendar year. (D) Observe visually all pump seals weekly. (E) Test immediately any pump seal from which liquids are observed dripping, (F) Test any relief valve within 24 hours after it has vented to the atmosphere, and (G) Test immediately after repair any component that was found leaking. (ii) Storage tank valves and pressure relief devices connected to an operating flare header or vapor recovery device are exempt from the monitoring requirements in paragraph (j)(1)(i) of this section. (iii) The Administrator may require more frequent monitoring than would otherwise be required by paragraph (j)(1)(i) of this section for components which are demonstrated to have a history of leaking. (2) Alternative program for leaks. The Administrator may approve an alternative program of monitoring, recordkeeping or reporting to that prescribed in paragraph (j)(1) of this section and subpart R (sections 215.446, 215.448, and 215.449) of Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), upon a demonstration by the owner or operator of a petroleum refinery that the alternative program will provide refinery and USEPA personnel with an equivalent ability to identify and repair leaking components. Any alternative program can only be allowed if approved by the Administrator as a SIP or FIP revision. (3) Compliance schedule for leaks. The owner or operator of a petroleum refinery shall adhere to the increments of progress contained in the following schedule: (i) Submit to the Administrator a monitoring program consistent with subpart R (section 215.446) of Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) prior to September 1, 1990. (ii) Submit to the Administrator the first monitoring report pursuant to subpart R (section 215.449) of Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) prior to October 1, 1990. (k)–(l) [Reserved] (m) Pharmaceutical manufacturing—(1) Applicability. (i) The rules of paragraph (m) of this section, except for paragraphs (m)(4) through (m)(6) of this section, apply to all emission sources of VOM, including but not limited to reactors, distillation units, dryers, storage tanks for VOL, equipment for the transfer of VOL, filters, crystallizers, washers, laboratory hoods, pharmaceutical coating operations, mixing operations and centrifuges used in manufacturing, including packaging, of pharmaceuticals, and emitting more than 6.8 kg/day (15 lbs/day) and more than 2,268 kg/year (2.5 tons/year) of VOM. If an emission source emits less than 2,268 kg/year (2.5 tons/year) of VOM, the requirements of this paragraph still apply to the emission source if VOM emissions from the emission source exceed 45.4 kg/day (100 lbs/day). (ii) Notwithstanding paragraph (m)(1)(i) of this section, the air suspension coater/dryer, fluid bed dryers, tunnel dryers, and Accelacotas located in Libertyville Township, Lake County, Illinois shall be exempt from the rules of paragraph (m) of this section, except for paragraphs (m)(4) through (m)(6) of this section, if emissions of VOM not vented to air pollution control equipment do not exceed the following levels: (A) For the air suspension coater/dryer: 2,268 kg/year (2.5 tons/year); (B) For each fluid bed dryer: 4,535 kg/year (5.0 tons/year); (C) For each tunnel dryer: 6,803 kg/year (7.5 tons/year); and (D) For each Accelacota: 6,803 kg/year (7.5 tons/year). (iii) Paragraphs (m)(4) through (m)(6) of this section apply to a plant having one or more emission sources that: (A) Are used to manufacture pharmaceuticals, and (B) Emit more than 6.8 kg/day (15 lbs/day) of VOM and more than 2,268 kg/year (2.5 tons/year) of VOM, or, if less than 2,268 kg/year (2.5 tons/year), these paragraphs still apply if emissions from one or more sources exceed 45.4 kg/day (100 lbs/day). (iv) No owner or operator shall violate any condition in a permit when the condition results in exclusion of an emission source from paragraph (m) of this section. (v) Any pharmaceutical manufacturing source that becomes subject to the provisions of paragraph (m) of this section at any time shall remain subject to the provisions of paragraph (m) of this section at all times. (vi) Emissions subject to paragraph (m) of this section shall be controlled at all times consistent with the requirements set forth in paragraph (m) of this section. (vii) Control devices required pursuant to paragraph (m) of this section shall be operated at all times when the source it is controlling is operated. (viii) Determinations of daily and annual emissions for purposes of paragraph (m)(1) of this section shall be made using both data on the hourly emission rate (or the emissions per unit of throughput) and appropriate daily and annual data from records of emission source operation (or material throughput or material consumption data). In the absence of representative test data pursuant to paragraph (m)(8) of this section for the hourly emission rate (or the emissions per unit of throughput), such items shall be calculated using engineering calculations, including the methods described in appendix B of “Control of Volatile Organic Emissions from Manufacturing of Synthesized Pharmaceutical Products” (EPA–450/2–78–029). (This subparagraph shall not affect the Administrator's authority to require emission tests to be performed pursuant to paragraph (m)(8) of this section.) (2) Control of reactors, distillation units, crystallizers, centrifuges and vacuum dryers. (i) The owner or operator shall equip all reactors, distillation units, crystallizers, centrifuges and vacuum dryers that are used to manufacture pharmaceuticals with surface condensers or other air pollution control equipment listed in paragraph (m)(2)(i)(B) of this section. (A) If a surface condenser is used, it shall be operated such that the condenser outlet gas temperature does not exceed: (1) 248.2 K (-13 ° F) when condensing VOM of vapor pressure greater than 40.0kPa (5.8 psi) at 294.3K (70 ° F), or (2) 258.2 K (5 ° F) when condensing VOM of vapor pressure greater than 20.0 kPa (2.9 psi) at 294.3 K (70 ° F), or (3) 273.2 K (32 ° F) when condensing VOM of vapor pressure greater than 10.0 kPa (1.5 psi) at 294.3 K (70 ° F), or (4) 283.2 K (50 ° F) when condensing VOM of vapor pressure greater than 7.0 kPa (1.0 psi) at 294.3 K (70 ° F), or (5) 298.2 K (77 ° F) when condensing VOM of vapor pressure greater than 3.45 kPa (0.5 psi) at 294.3 K (70 ° F). (B) If a scrubber, carbon adsorption, thermal afterburner, catalytic afterburner, or other air pollution control equipment other than a surface condenser is used, such equipment shall provide a reduction in the emissions of VOM of 90 percent or more. (ii) The owner or operator shall enclose all centrifuges used to manufacture pharmaceuticals and that have an exposed VOL surface, where the VOM in the VOL has a vapor pressure of 3.45 kPa (0.5 psi) or more at 294.3 K (70 ° F), except as production, sampling, maintenance, or inspection procedures require operator access. (3) Control of air dryers, production equipment exhaust systems and filters. (i) The owner or operator of an air dryer or production equipment exhaust system used to manufacture pharmaceuticals shall control the emissions of VOM from such emission sources by air pollution control equipment which reduces by 90 percent or more the VOM that would otherwise be emitted into the atmosphere. (ii) The owner or operator shall enclose all rotary vacuum filters and other filters used to manufacture pharmaceuticals and that have an exposed VOL surface, where the VOM in the VOL has a vapor pressure of 3.45 kPa (0.5 psi) or more at 294 K (70 ° F), except as production, sampling, maintenance, or inspection procedures require operator access. (4) Material storage and transfer. The owner or operator of a pharmaceutical manufacturing plant shall: (i) Provide a vapor balance system that is at least 90 percent effective in reducing VOM emissions from truck or railcar deliveries to storage tanks with capacities equal to or greater than 7.57 m 3 (2,000 gal) that store VOL with vapor pressures greater than 28.0 kPa (4.1 psi) at 294.3 K (70 ° F), and (ii) Install, operate, and maintain pressure/vacuum conservation vents set at 0.2 kPa (0.03 psi) or greater on all storage tanks that store VOL with vapor pressures greater than 10 kPa (1.5 psi) at 294.3 K (70 ° F). (5) In-process tanks. The owner or operator shall install covers on all in-process tanks used to manufacture pharmaceuticals and containing a VOL at any time. These covers must remain closed, except as production, sampling, maintenance or inspection procedures require operator access. (6) Leaks. The owner or operator of a pharmaceutical manufacturing plant shall repair any component from which a leak of VOL can be observed. The repair shall be completed as soon as practicable but no later than 15 days after the leak is found. If the leaking component cannot be repaired until the process unit is shut down, the leaking component must then be repaired before the unit is restarted. (7) Other emission sources. The owner or operator of a washer, laboratory hood, tablet coating operation, mixing operation or any other process emission source not subject to paragraphs (m)(2) through (m)(6) of this section, and used to manufacture pharmaceuticals shall control the emissions of VOM from such emission sources by: (i) Air pollution control equipment which reduces by 81 percent or more the VOM that would otherwise be emitted to the atmosphere, or (ii) A surface condenser which captures all the VOM which would otherwise be emitted to the atmosphere and which meets the requirements of paragraph (m)(2)(i) of this section. (8) Testing. (i) Upon request by the Administrator, the owner or operator of any VOM emission source subject to paragraph (m) or exempt from paragraph (m) of this section by virtue of the provisions of paragraph (m)(1) of this section shall, at his own expense, demonstrate compliance to the Administrator by the methods or procedures listed in paragraph (a)(vi)(A) of this section. (ii) A person planning to conduct a VOM emissions test to demonstrate compliance with paragraph (m) of this section shall notify the Administrator of that intent not less than 30 calendar days before the planned initiation of the test. (9) Monitoring and recordkeeping for air pollution control equipment—(i) Monitoring. (A) At a minimum, continuous monitors for the following parameters shall be installed on air pollution control equipment used to control sources subject to paragraph (m) of this section: (1) Destruction device combustion temperature. (2) Temperature rise across a catalytic afterburner bed. (3) VOM concentration on a carbon absorption unit to determine breakthrough. (4) Outlet gas temperature of a refrigerated condenser. (5) Temperature of a non-refrigerated condenser coolant supply system. (B) Each monitor shall be equipped with a recording device. (C) Each monitor shall be calibrated quarterly. (D) Each monitor shall operate at all times while the associated control equipment is operating. (ii) Recordkeeping. (A) The owner or operator of a pharmaceutical manufacturing facility shall maintain the following records: (1) Parameters listed in paragraph (m)(9)(i)(A) of this section shall be recorded. (2) For sources subject to paragraph (m)(2) of this section, the vapor pressure of VOM being controlled shall be recorded for every process. (B) For any leak subject to paragraph (m)(6) of this section which cannot be readily repaired within one hour after detection, the following records shall be kept: (1) The name of the leaking equipment, (2) The date and time the leak is detected, (3) The action taken to repair the leak, and (4) The data and time the leak is repaired. (C) The following records shall be kept for emission sources subject to paragraph (m)(5) of this section which contain VOL: (1) For maintenance and inspection: (i) The date and time each cover is opened, (ii) The length of time the cover remains open, and (iii) The reason why the cover is opened. (2) For production and sampling, detailed written procedures or manufacturing directions specifying the circumstances under which covers may be opened and the procedures for opening covers. (D) For each emission source used in the manufacture of pharmaceuticals for which the owner or operator of a pharmaceutical manufacturing plant claims emission standards are not applicable, because the emissions are below the applicability cutoffs in paragraph (m)(1)(i) of this section or paragraph (m)(1)(ii) of this section the owner or operator shall: (1) Maintain a demonstration including detailed engineering calculations of the maximum daily and annual emissions for each such emission source showing that the emissions are below the applicability cutoffs in paragraph (m)(1)(i) or paragraph (m)(1)(ii) of this section, as appropriate, for the current and prior calendar years; (2) Maintain appropriate operating records for each such emission source to identify whether the applicability cutoffs in paragraph (m)(1)(i) or paragraph (m)(1)(ii) of this section, as appropriate, are ever exceeded; and (3) Provide written notification to the Administrator within 30 days of a determination that such an emission source has exceeded the applicability cutoffs in paragraph (m)(1)(i) or paragraph (m)(1)(ii) of this section, as appropriate. (E) Records required under paragraph (m)(9)(ii)(A) of this section shall be maintained by the owner or operator for a minimum of two years after the date on which they are made. (F) Copies of the records shall be made available to the Administrator upon verbal or written request. (n)–(p) [Reserved] (q) Gasoline distribution—(1) Bulk gasoline plants. (i) Subject to paragraph (q)(1)(v) of this section, no person may cause or allow the transfer of gasoline from a delivery vessel into a stationary storage tank located at a bulk gasoline unless: (A) The delivery vessel and the stationary storage tank are each equipped with a vapor collection system that meets the requirements of paragraph (q)(1)(iv)(D) of this section, (B) Each vapor collection system is operating, (C) The delivery vessel displays the appropriate sticker pursuant to the requirements of sections 215.584 (b) or (d) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), (D) The pressure relief valve(s) on the stationary storage tank and the delivery vessel are set to release at no less than 0.7 psi or the highest pressure allowed by state or local fire codes or the guidelines of the National Fire Prevention Association, and (E) The stationary storage tank is equipped with a submerged loading pipe. (ii) Subject to paragraph (q)(1)(vi) of this section, no person may cause or allow the transfer of gasoline from a stationary storage tank located at a bulk gasoline plant into a delivery vessel unless: (A) The requirements set forth in paragraphs (q) (1)(i)(A) through (1)(i)(D) of this section are met, and (B) Equipment is available at the bulk gasoline plant to provide for the submerged filling of the delivery vessel or the delivery vessel is equipped for bottom loading. (iii) Subject to paragraph (q)(1)(v) of this section, each owner of a stationary storage tank located at a bulk gasoline plant shall: (A) Equip each stationary storage tank with a vapor control system that meets the requirements of paragraph (q) (1)(i) or (1)(ii) of this section, whichever is applicable, (B) Provide instructions to the operator of the bulk gasoline plant describing necessary maintenance operations and procedures for prompt notification of the owner in case of any malfunction of a vapor control system, or (C) Repair, replace or modify any worn out or malfunctioning component or element of design. (iv) Subject to paragraph (q)(1)(v) of this section, each operator of a bulk gasoline plant shall: (A) Maintain and operate each vapor control system in accordance with the owner's instructions, (B) Promptly notify the owner of any scheduled maintenance or malfunction requiring replacement or repair of a major component of a vapor control system, (C) Maintain gauges, meters or other specified testing devices in proper working order, and (D) Operate the bulk plant vapor collection system and gasoline loading equipment in a manner that prevents: (1) Gauge pressure from exceeding 45.7 cm (18 in.) of water and vacuum from exceeding 15.2 cm (6 in.) of water, as measured as close as possible to the vapor hose connection, (2) A reading equal to or greater than 100 percent of the lower explosive limit (LEL measured as propane) when tested in accordance with the procedure described in “Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems”, Appendix B, EPA 450/2–78–051 (which is available for purchase from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161), and (3) Avoidable leaks of liquid during loading or unloading operations. (E) Provide a pressure tap or equivalent on the bulk plant vapor collection system in order to allow the determination of compliance with paragraph (q)(1)(iv)(D)(1) of this section, and (F) Within 15 business days after discovery of any leak by the owner, operator, or the Administrator, repair and retest a vapor collection system which exceeds the limits of paragraph (q)(1)(iv)(D) (1) or (2) of this section. (v) The requirements of paragraphs (q) (1)(i), (1)(iii) and (1)(iv) of this section, shall not apply to: (A) Any stationary storage tank with a capacity of less than 2,177 l (575 gal), or (B) Any bulk gasoline plant whose daily gasoline throughtput is less than 15,140 l (4,000 gal/day) on a thirty-day rolling average. (vi) The requirements of paragraph (q)(1)(ii) of this section shall only apply to bulk gasoline plants: (A) Whose daily gasoline throughput is greater than or equal to 15,140 l (4,000 gal/day) on a thirty-day rolling average, and (B) That either distribute gasoline to gasoline dispensing facilities subject to the requirements of section 215.583(a)(2) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742) or that are in Cook, DuPage, Kane, Lake, McHenry or Will County. (vii) Any bulk gasoline plant which is ever subject to paragraph (q)(1) (i), (ii), (iii) or (iv) of this section shall always be subject to these paragraphs. (2) [Reserved] (r) [Reserved] (s) Paint and ink manufacturing—(1) Applicability. (i) Paragraph (s) shall apply to all paint and ink manufacturing plants which: (A) Include process emission sources not subject to subparts (B), (Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), or to paragraphs (d), (e) (excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or (q)(1) of this section; and which as a group both: (1) Have maximum theoretical emissions of 91 Mg (100 tons) or more per calendar year of VOM if no air pollution control equipment were used, and (2) Are not limited to less than 91 Mg (100 tons) of VOM emissions per calendar year in the absence of air pollution control equipment, through production or capacity limitations contained in a federally enforceable construction permit or a SIP or FIP revision, or (B) Produce more than 7,570,820 l (2,000,000 gal) per calendar year of paint or ink formulations, which contain less than 10 percent (by weight) water, and ink formulations not containing as the primary solvents water, Magie oil or glycol. (ii) For the purposes of paragraph (s) of this section, uncontrolled VOM emissions are the emissions of VOM which would result if no air pollution control equipment were used. (2) Exemption for waterbase material and heatset-offset ink. The requirements of paragraphs (s)(4) and (s)(5) of this section and paragraph (s)(7)(i) of this section shall not apply to equipment while it is being used to produce either: (i) Paint or ink formulations which contain 10 percent or more (by weight) water, or (ii) Inks containing Magie oil and glycol as the primary solvent. (3) Permit conditions. No person shall violate any condition in a federally enforceable permit when the condition results in exclusion of the plant or an emission source from paragraph (s). (4) Open-top mills, tanks, vats or vessels. No person shall operate an open-top mill, tank, vat or vessel with a volume of more than 45 l (12 gal) for the production of paint or ink unless: (i) The mill, tank, vat or vessel is equipped with a cover which completely covers the mill, tank, vat or vessel opening except for an opening no larger than necessary to allow for safe clearance for a mixer shaft. Such cover shall extend at least 1.27 cm (0.5 in.) beyond the outer rim of the opening or be attached to the rim. (ii) The cover remains closed except when production, sampling, maintenance or inspection procedures require access. (iii) The cover is maintained in good condition such that, when in place, it maintains contact with the rim of the opening for at least 90 percent of the circumference of the rim. (5) Grinding mills. (i) No person shall operate a grinding mill for the production of paint or ink which is not maintained in accordance with the manufacturer's specifications. (ii) No person shall operate a grinding mill fabricated or modified after the effective date of paragraph (s) which is not equipped with fully enclosed screens. (iii) The manufacturer's specifications shall be kept on file at the plant by the owner or operator of the grinding mill and be made available to any person upon verbal or written request during business hours. (6) Storage tanks. (i) The owner or operator shall equip tanks storing VOL with a vapor pressure greater than 10 kPa (1.5 psi) at 20 °C (68 °F) with pressure/vacuum conservation vents set as a minimum at +/–0.2 kPa (0.029 psi). These controls shall be operated at all times. An alternative air pollution control system may be used if it results in a greater emission reduction than these controls. Any alternative control system can only be allowed if approved by the Administrator as a SIP or FIP revision. (ii) Stationary VOL storage containers with a capacity greater than 946 l (250 gal) shall be equipped with a submerged-fill pipe or bottom fill. These controls shall be operated at all times. An alternative control system can only be allowed if approved by the Administrator as a SIP or FIP revision. (7) Leaks. The owner or operator of a paint or ink manufacturing plant shall, for the purpose of detecting leaks, conduct an equipment monitoring program as set forth below: (i) Each pump shall be checked by visual inspection each calendar week for indications of leaks, that is, liquids dripping from the pump seal. If there are indications of liquids dripping from the pump seal, the pump shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected. (ii) Any pump, valve, pressure relief valve, sampling connection, open-ended valve and flange or connector containing a fluid which is at least 10 percent VOM by weight which appears to be leaking on the basis of sight, smell or sound shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected. (iii) A weather proof, readily visible tag, in bright colors such as red or yellow, bearing an identification number and the date on which the leak was detected shall be attached to leaking equipment. The tag may be removed upon repair, that is, when the equipment is adjusted or otherwise altered to allow operation without leaking. (iv) When a leak is detected, the owner or operator shall record the date of detection and repair and the record shall be retained at the plant for at least two years from the date of each detection or each repair attempt. The record shall be made available to any person upon verbal or written request during business hours. (8) Clean up. (i) No person shall clean paint or ink manufacturing equipment with organic solvent unless the equipment being cleaned is completely covered or enclosed except for an opening no larger than necessary to allow safe clearance for proper operation of the cleaning equipment, considering the method and materials being used. (ii) No person shall store organic wash solvent in other than closed containers, unless closed containers are demonstrated to be a safety hazard, or dispose of organic wash solvent in a manner such that more than 20 percent by weight is allowed to evaporate into the atmosphere. (9) Compliance schedule. Every owner or operator of an emission source subject to the control requirements of paragraph (s) of this section shall comply with the requirements of paragraph (s) of this section on and after July 1, 1991. (10) Recordkeeping and reporting. (i) Upon request by the Administrator, the owner or operator of an emission source which claims to be exempt from the requirements of paragraph (s) of this section shall submit records to the Administrator within 30 calendar days from the date of the request which document that the emission source is in fact exempt from paragraph (s) of this section. These records shall include (but are not limited to) the percent water (by weight) in the paint or ink being produced and the quantity of Magie oil, glycol and other solvents in the ink being produced. (ii) Every owner or operator of an emission source which is subject to the requirements of paragraph (s) of this section shall maintain all records necessary to demonstrate compliance with those requirements at the facility for three years. (t) [Reserved] (u) Miscellaneous fabricated product manufacturing processes—(1) Applicability. (i) The requirements of paragraph (u) of this section shall apply to a plant's miscellaneous fabricated product manufacturing process emission sources which are not included within any of the source categories specified in subparts (B), (Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of this section; if the plant is subject to paragraph (u) of this section. A plant is subject to paragraph (u) of this section if it contains process emission sources, not regulated by subparts (B), (Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), or by paragraph (d), (e) (excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or (q)(1) of this section; which as a group both: (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more per calendar year of VOM if no air pollution control equipment were used, and (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions per calendar year in the absence of air pollution control equipment, through production or capacity limitations contained in a federally enforceable construction permit or a SIP or FIP revision. (ii) If a plant ceases to fulfill the criteria of paragraph (u)(1)(i) of this section, the requirements of paragraph (u) of this section shall continue to apply to a miscellaneous fabricated products manufacturing process emission source which was ever subject to the control requirements of paragraph (u)(3) of this section. (iii) No limits under paragraph (u) of this section shall apply to emission sources with emissions of VOM to the atmosphere less than or equal to 0.91 Mg (1.0 ton) per calendar year if the total emissions from such sources not complying with paragraph (u)(3) of this section does not exceed 4.5 Mg (5.0 tons) per calendar year. (iv) For the purposes of paragraph (u) of this section, an emission source shall be considered regulated by a subpart (of the Illinois rules) or paragraph if it is subject to the limits of that subpart (of the Illinois rules) or paragraph. An emission source is not considered regulated by a subpart (of the Illinois rules) or paragraph if its emissions are below the applicability cutoff level or if the source is covered by an exemption. (v) For the purposes of paragraph (u) of this section, uncontrolled VOM emissions are the emissions of VOM which would result if no air pollution control equipment were used. (2) Permit conditions. No person shall violate any condition in a permit when the condition results in exclusion of the plant or an emission source from paragraph (u) of this section. (3) Control requirements. Every owner or operator of an emission source subject to paragraph (u) of this section shall comply with the requirements of paragraph (u)(3) (i), (ii) or (iii) of this section: (i) Emission capture and control techniques which achieve an overall reduction in uncontrolled VOM emissions of at least 81 percent, or (ii) For coating lines, the daily-weighted average VOM content shall not exceed 0.42 kg VOM/l (3.5 lbs VOM/gal) of coating as applied (minus water and any compounds which are specifically exempted from the definition of VOM) during any day. Owners and Code 215 (incorporated by reference as specified in 40 CFR 52.742), or (iii) An alternative control plan which has been approved by the Administrator as a SIP or FIP revision. (4) Compliance schedule. Every owner or operator of an emission source subject to the control requirements of paragraph (u) of this section shall comply with the requirements of paragraph (u) of this section on and after July 1, 1991. (5) Testing. Any owner or operator of a VOM emission source which is subject to paragraph (u) of this section shall demonstrate compliance with paragraph (u)(3) of this section by using the applicable test methods and procedures specified in paragraph (a)(4) of this section. (6) The control requirements in this paragraph apply to the adhesive globe coating operations at Replogle's Broadview facility in Cook County, Illinois, instead of the control requirements in paragraph (u)(3) of this section. (i) After October 6, 1991, no coatings shall at any time be applied which exceed the following emission limitations for the specified coating. (A) 7.0 lbs VOM per gallon of adhesive coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied to coat globes. Such coating consists of #7879446 Methylene Chloride (RGI #01004100). The Administrator shall be notified at least ten (10) days prior to the use of any replacement adhesive for coating globes. (B) [Reserved] (ii) After October 6, 1991, the volume of coatings used shall not exceed the following: (A) 572 gallons per year total for all coatings specified in paragraph (u)(6)(i)(A) of this section. The yearly volume of coatings used are to be calculated as follows: (1) Compute the volume of specified coating used each month by the 15th of the following month. (2) By the 15th of each month, add the monthly coating use for the 12 previous months (to obtain the yearly volume of coatings used). (B) [Reserved] (iii) Beginning on October 6, 1991, the owner and operator of the Replogle Globes, Inc. plant in Broadview, Illinois shall keep the following records for each month. All records shall be retained at Replogle Globes, Inc. for three (3) years and shall be made available to the Administrator on request: (A) The name and identification number of each coating as applied on any adhesive globe coating line. (B) The weight of VOM per volume and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each month on any adhesive globe coating line. (7) The control requirements in this paragraph apply to the glass candle container coating line(s) and silk screening machines at the Candle Corporation of America (CCA), Chicago, Illinois facility, instead of the control requirements in paragraph (u)(3) of this section. (i) After June 1, 1992, no coatings or inks shall at any time be applied, at any coating or ink applicator, which exceed the following emission limitations for the specified coating or ink. (A) 6.04 pounds (lbs) volatile organic material (VOM) per gallon of clear lacquer/varnish (minus water and any compounds which are specifically exempted from the definition of VOM) as applied to coat glass candle containers. Such clear lacquer/varnish (multi-color) is identified as LP3500. The Administrator must be notified at least 10 days prior to the use of any replacement clear lacquers/varnishes. (B) 5.23 lbs VOM per gallon of translucent coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied to coat glass candle containers. Such translucent coating (multi-color) is identified as LP3603. The Administrator must be notified at least 10 days prior to the use of any replacement translucent coatings. (C) 5.84 lbs VOM per gallon of white lacquer (minus water and any compounds which are specifically exempted from the definition of VOM) as applied to coat glass candle containers. Such white lacquer is identified as LP3507. The Administrator must be notified at least 10 days prior to the use of any replacement white lacquers. (D) 3.40 lbs VOM per gallon of fast dry enamel silk screen printing ink (minus water and any compounds which are specifically exempted from the definition of VOM) as applied to print onto glass candle containers. (ii) After June 1, 1992, the volume of coating and ink used shall not exceed the following: (A) 2,164 gallons per month total for all coatings specified in paragraph (u)(7)(i)(A) of this section. (B) 369 gallons per month total for all coatings specified in paragraph (u)(7)(i)(B) of this section. (C) 49 gallons per month total for all coatings specified in paragraph (u)(7)(i)(C) of this section. (D) 50 gallons per month total for all inks specified in paragraph (u)(7)(i)(D) of this Section. (iii) Beginning on June 1, 1992, the owner and operator of CCA's plant in Chicago, Illinois, shall keep the following records for each month. All records shall be retained at CCA for 3 years and shall be made available to the Administrator on request. (A) The name and identification number of each coating and ink as applied on any glass candle container coating line or silk screening machine. (B) The weight of VOM per volume and the volume of each coating and ink (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each month on any glass candle container coating line or silk screening machine. (iv) After June 1, 1992, no more than 100 gallons per month of cleaning solvent is allowed to be used on the glass candle container coating line(s) at CCA. The only cleaning solvents allowed for use are acetone (identified as LP3525) and methyl ethyl ketone (identified as LP3520). Beginning on June 1, 1992, CCA shall keep monthly records of the type and volume of all cleaning solvents used. All such records shall be retained at CCA for 3 years and shall be made available to the Administrator on request. (v) After June 1, 1992, no more than 50 gallons per month of cleaning solvent is allowed to be used on the glass candle container silk screening machines at CCA. The only cleaning solvent allowed for use is petroleum naphtha (identified as light aromatic naphtha with 7.28 lbs VOM per gallon, minus water and any compounds which are specifically exempted from the definition of VOM). Beginning on June 1, 1992, CCA shall keep monthly records of the type and volume and the weight of VOM per volume (minus water and any compounds which are specifically exempted from the definition of VOM) of all cleaning solvents used on the glass candle container silk screening machines. All such records shall be retained at CCA for 3 years and shall be made available to the Administrator on request. (8) The control, recordkeeping and reporting requirements in this paragraph apply to the cellulose food casing manufacturing operations at the Viskase Corporation plant in Bedford Park, Illinois (Cook County) instead of the requirements in paragraph (v) of this section, the other parts of paragraph (u) of this section, and the recordkeeping requirements in paragraph (y) of this section. Unless otherwise stated, the following requirements must be met by Viskase on and after November 21, 1995. (i) VOM emissions shall never exceed 3.30 tons per day. (ii) VOM emissions shall not exceed 2.22 tons per day, on a monthly average, during June, July, and August. (iii) VOM emissions shall not exceed 2.44 tons per day during June, July, and August. (iv) Compliance with the emission limits in paragraphs (u)(8) (i) through (iii) of this section, and the records in paragraph (u)(8)(v) of this section, shall be determined using an emission factor of “0.72 pounds of VOM emissions per pound of carbon disulfide consumed.” (v) Viskase must keep the following daily records: (A) The pounds of carbon disulfide per charge for its Fibrous process. If charges with different levels of carbon disulfide per charge are used the same day, a separate record must be kept for each level of carbon disulfide per charge. (B) The pounds of carbon disulfide per charge for its NOJAX process. If charges with different levels of carbon disulfide per charge are used the same day, a separate record must be kept for each level of carbon disulfide per charge. (C) The number of charges per day, for each level of carbon disulfide per charge, used in Viskase's Fibrous process. (D) The number of charges per day, for each level of carbon disulfide per charge, used in Viskase's NOJAX process. (E) The total quantity of carbon disulfide used per day in Viskase's Fibrous process, the total quantity of carbon disulfide used per day in Viskase's NOJAX process, and the daily VOM emissions resulting from use of the carbon disulfide. (F) The monthly use of carbon disulfide, and the monthly VOM emissions resulting from use of the carbon disulfide, during June, July, and August. (vi) Any violation of the emission limits in paragraphs (u)(8) (i) through (iii) of this section must be reported to USEPA within 30 days of its occurrence. (vii) In order to determine daily and monthly VOM emissions, the test methods in paragraph (a)(4) of this section may be used in addition to, and take precedence over, the emission factor cited in paragraph (u)(8)(iv) of this section. Method 15 is to be used instead of Methods 18, 25, and 25A when the test methods in paragraph (a)(4) of this section are used to determine VOM emissions from Viskase's cellulose food casing facility. (v) Miscellaneous formulation manufacturing processes—(1) Applicability. (i) The requirements of paragraph (v) of this section shall apply to a plant's miscellaneous formulation manufacturing process emission sources, which are not included within any of the source categories specified in subpart (B), (Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452),(S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of this section; if the plant is subject to paragraph (v) of this section. A plant is subject to paragraph (v) of this section if it contains process emission sources, not regulated by subpart (B), (Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), or by paragraph (d), (e) (excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or (q)(1) of this section; which as a group both: (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more per calendar year of VOM if no air pollution control equipment were used, and (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions per calendar year in the absence of air pollution control equipment, through production or capacity limitations contained in a federally enforceable construction permit or a SIP or FIP revision. (ii) If a plant ceases to fulfill the criteria of paragraph (v)(1)(i) of this section, the requirements of paragraph (v) of this section shall continue to apply to a miscellaneous formulation manufacturing process emission source which was ever subject to the control requirements of paragraph (v)(3) of this section. (iii) No limits under paragraph (v) of this section shall apply to emission sources with emissions of VOM to the atmosphere less than or equal to 2.3 Mg (2.5 tons) per calendar year if the total emissions from such sources not complying with paragraph (v)(3) of this section does not exceed 4.5 Mg (5.0 tons) per calendar year. (iv) For the purposes of paragraph (v) of this section, an emission source shall be considered regulated by a subpart (of the Illinois rules) or paragraph if it is subject to the limits of that subpart (of the Illinois rules) or paragraph. An emission source is not considered regulated by a subpart (of the Illinois rules) or paragraph if its emissions are below the applicability cutoff level or if the source is covered by an exemption. (v) For the purposes of paragraph (v) of this section uncontrolled VOM emissions are the emissions of VOM which would result if no air pollution control equipment were used. (2) Permit conditions. No person shall violate any condition in a permit when the condition results in exclusion of the plant or an emission source from paragraph (v) of this section. (3) Control requirements. Every owner or operator of an emission source subject to paragraph (v) of this section shall comply with the requirements of paragraph (v)(3) (i) or (ii) of this section. (i) Emission capture and control techniques which achieve an overall reduction in uncontrolled VOM emissions of at least 81 percent, or (ii) An alternative control plan which has been approved by the Administrator as a SIP or FIP revision. (4) Compliance schedule. Every owner or operator of an emission source subject to the control requirements of paragraph (v) of this section shall comply with the requirements of paragraph (v) of this section on and after July 1, 1991. (5) Testing. Any owner or operator of a VOM emission source which is subject to paragraph (v) of this section shall demonstrate compliance with paragraph (v)(3) of this section by using the applicable test methods and procedures specified in paragraph (a)(4) of this section. (6) The control requirements in this paragraph apply to the 7 blenders and 3 moguls of the adhesive coating solution formulation (compounding) operations at the Minnesota Mining and Manufacturing Corporation's (3M) Bedford Park facility in Cook County, Illinois, instead of the control requirements in paragraph (v)(3) of this section. (i) After September 1, 1991, the following operating restrictions shall apply to 3M's Bedford Park, Illinois, compounding operations. (A) The combined operating hours for all blenders shall not exceed 8,400 hours per quarter (rolled on a monthly basis). The combined quarterly operating hours of all blenders are to be calculated as follows: (1) By the 15th of each month, compute the combined monthly operating hours of all blenders during the previous month. (2) By the 15th of each month, add the monthly operating hours of all blenders for the 3 previous months (to obtain the combined quarterly operating hours of all blenders). (B) The combined operating hours for all moguls shall not exceed 4,200 hours per quarter (rolled on a monthly basis). The quarterly operating hours of all moguls are to be calculated as follows: (1) By the 15th of each month, compute the combined monthly operating hours of all moguls during the previous month. (2) By the 15th of each month, add the monthly operating hours of all moguls for the 3 previous months (to obtain the combined quarterly operating hours of all moguls). (ii) Beginning on September 1, 1991, the owner and operator of the 3M Bedford Park Plant in Bedford Park, Illinois, shall keep the following records. These records shall be compiled on a monthly basis, be retained at the 3M facility for a period of 3 years, and be made available to the Administrator upon request. (A) Separate monthly records for each of the 7 blenders identifying each batch and the length of each batch as well as the total monthly hours of operation for all blenders. (B) Separate monthly records for each of the 3 moguls identifying each batch and the length of each batch as well as the total monthly hours of operation for all moguls. (w) Miscellaneous organic chemical manufacturing processes—(1) Applicability. (i) The requirements of paragraph (w) of this section shall apply to a plant's miscellaneous organic chemical manufacturing process emission sources which are not included within any of the source categories specified in subparts (B), (Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of this section; if the plant is subject to paragraph (w) of this section. A plant is subject to paragraph (w) of this section if it contains process emission sources, not regulated by subparts (B), (Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), or by paragraph (d), (e) (excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or (q)(1) of this section; which as a group both: (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more per calendar year of VOM if no air pollution control equipment were used, and (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions per calendar year in the absence of air pollution control equipment, through production or capacity limitations contained in a federally enforceable construction permit or a SIP or FIP revision. (ii) If a plant ceases to fulfill the criteria of paragraph (w)(1)(i) of this section, the requirements of paragraph (w) of this section shall continue to apply to a miscellaneous organic chemical manufacturing process emission source which was ever subject to the control requirements of paragraph (w)(3) of this section. (iii) No limits under paragraph (w) of this section shall apply to emission sources with emissions of VOM to the atmosphere less than or equal to 0.91 Mg (1.0 ton) per calendar year if the total emissions from such sources not complying with paragraph (w)(3) of this section does not exceed 4.5 Mg (5.0 tons) per calendar year. (iv) For the purposes of paragraph (w) of this section, an emission source shall be considered regulated by a subpart (of the Illinois rules) or paragraph if it is subject to the limits of that subpart (of the Illinois rules) or paragraph. An emission source is not considered regulated by a subpart (of the Illinois rules) or paragraph if its emissions are below the applicability cutoff level or if the source is covered by an exemption. (v) For the purposes of paragraph (w) of this section, uncontrolled VOM emissions are the emissions of VOM which would result if no air pollution control equipment were used. (2) Permit conditions. No person shall violate any condition in a permit when the condition results in exclusions of the plant or an emission source from paragraph (w) of this section. (3) Control requirements. Every owner or operator of an emission source subject to paragraph (w) of this section shall comply with the requirements of paragraph (w)(3)(i) or (ii) of this section. (i) Emission capture and control techniques which achieve an overall reduction in uncontrolled VOM emissions of at least 81 percent, or (ii) An alternative control plan which has been approved by the Administrator as a SIP or FIP revision. (4) Compliance schedule. Every owner or operator of an emission source subject to the control requirements of paragraph (w) of this section shall comply with the requirements of paragraph (w) of this section on and after July 1, 1991. (5) Testing. Any owner or operator of a VOM emission source which is subject to paragraph (w) shall demonstrate compliance with paragraph (w)(3) of this section by using the applicable test methods and procedures specified in paragraph (a)(4) of this section. (x) Other emission sources—(1) Applicability. (i) The requirements of paragraph (x) of this section shall apply to a plant's VOM emission sources, which are not included within any of the source categories specified in subpart (B), (Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), or specified in paragraph (d), (e), (h), (i), (j), (q)(1), (s), (u), (v) or (w) of this section; if the plant is subject to paragraph (x) of this section. A plant is subject to paragraph (x) of this section if it contains process emission sources, not regulated by subpart (B), (Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), or by paragraph (d), (e) of this section (excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or (q)(1) of this section; which as a group both: (A) Have maximum theoretical emissions of 91 Mg (100 tons) or more per calendar year of VOM if no air pollution control equipment were used, and (B) Are not limited to less than 91 Mg (100 tons) of VOM emissions per calendar year in the absence of air pollution control equipment, through production or capacity limitations contained in a federally enforceable construction permit or a SIP of FIP revision. (ii) If a plant ceases to fulfill the criteria of paragraph (x)(1)(i) of this section, the requirements of paragraph (x) of this section shall continue to apply to an emission source which was ever subject to the control requirements of paragraph (x)(3) of this section. (iii) No limits under paragraph (x) of this section shall apply to emission sources with emissions of VOM to the atmosphere less than or equal to 2.3 Mg (2.5 tons) per calendar year if the total emissions from such sources not complying with paragraph (x)(3) of this section does not exceed 4.5 Mg (5.0 tons) per calendar year. (iv) For the purposes of paragraph (x) of this section, an emission source shall be considered regulated by a subpart (of the Illinois rules) or paragraph if it is subject to the limits of that subpart (of the Illinois rules) or paragraph. An emission source is not considered regulated by a subpart (of the Illinois rules) or paragraph of its emissions are below the applicability cutoff level or if the source is covered by an exemption. (v) The control requirements in paragraphs (u), (v), (w), and (x) of this section shall not apply to sewage treatment plants, vegetable oil processing plants, coke ovens (including by-product recovery plants), fuel combustion sources, bakeries, barge loading facilities, jet engine test cells, pharmaceutical manufacturing, production of polystyrene foam insulation board (including storage and extrusion of scrap where blowing agent is added to the polystyrene resin at the plant), production of polystyrene foam packaging (not including storage and extrusion of scrap where blowing agent is added to the polystyrene resin at the plant), and iron and steel production. (2) Permit conditions. No person shall violate any condition in a permit when the condition results in exclusion of the plant or an emission source from paragraph (x) of this section. (3) Control requirements. Every owner or operator of an emission source subject to paragraph (x) of this section shall comply with the requirements of paragraph (x)(3) (i), (ii) or (iii) of this section. (i) Emission capture and control equipment which achieve an overall reduction in uncontrolled VOM emissions of at least 81 percent, or (ii) For coating lines, the daily-weighted average VOM content shall not exceed 0.42 kg VOM/l (3.5 lbs VOM/gal) of coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied during any day. Owners and operators complying with this paragraph are not required to comply with section 215.301 of 35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742), or (iii) An alternative control plan which has been approved by the Administrator as a SIP or FIP revision. (4) Compliance schedule. Every owner or operator of an emissions source which is subject to paragraph (x) of this section shall comply with the requirements of paragraph (x) of this section on and after July 1, 1991. (5) Testing. Any owner or operator of a VOM emission source which is subject to paragraph (x) of this section shall demonstrate compliance with paragraph (x)(3) of this section by using the applicable test methods and procedures specified in paragraph (a)(4) of this section. (6) The control requirements in this paragraph apply to the varnish operations at the General Motors Corporation, Electro-Motive Division Plant (GMC Electro-Motive), LaGrange, Illinois, instead of the control requirements in paragraph (x)(3) of this section. (i) After July 1, 1991, no coatings shall at any time be applied which exceed the following emission limitations for the specified coating. (A) 8.0 lbs VOM per gallon of coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied at each coating applicator to coat Nomex rings. Such coating consists of Monsanto Skybond 705 Polyamide Resin (EMD P/N 9088817) and diluents. The Administrator must be notified at least 10 days prior to the use of any replacement coating(s) and/or diluents for coating Nomex rings. (B) 6.8 lbs VOM per gallon of coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied at each coating applicator for any coatings not specified in paragraph (x)(6)(i)(A) of this section. (ii) After July 1, 1991, the volume of coatings used shall not exceed the following: (A) 600 gallons per year total for all coatings specified in paragraph (x)(6)(i)(A) of this section. The yearly volume of coatings used are to be calculated as follows: (1) Compute the volume of specified coating used each month by the 15th of the following month. (2) By the 15th of each month, add the monthly coating use for the 12 previous months (to obtain the yearly volume of coatings used). (B) 28,500 gallons per year total for all coatings other than those specified in paragraph (x)(6)(i)(A) of this section. The yearly volume of coatings used are to be calculated as specified in paragraphs (x)(6)(ii)(A)(1) and (x)(6)(ii)(A)(2) of this section. (iii) Beginning on July 1, 1991, the owner and operator of the General Motors Corporation Electro-Motive Division Plant in LaGrange, Illinois shall keep the following records for each month. All records shall be retained at General Motors for 3 years and shall be made available to the Administrator on request. (A) The name and identification number of each coating as applied on any coating line within the varnish operation. (B) The weight of VOM per volume and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each month on any coating line within the varnish operation. (7) The control, recordkeeping, and monitoring requirements in this paragraph apply to the aluminum rolling mills at the Reynolds Metals Company's McCook Sheet & Plate Plant in McCook, Illinois (Cook County) instead of the control requirements and test methods in the other parts of paragraph (x), and the recordkeeping requirements in paragraph (y) of this section. All of the following requirements must be met by Reynolds on and after July 7, 1995. (i) Only organic lubricants with initial and final boiling points between 460 degrees F and 635 degrees F, as determined by a distillation range test using ASTM method D86–90, are allowed to be used at Reynolds' aluminum sheet cold rolling mills numbers 1 and 7. All incoming shipments of organic lubricant for the number 1 and 7 mills must be sampled and each sample must undergo a distillation range test to determine the initial and final boiling points using ASTM method D86–90. A grab rolling lubricant sample shall be taken from each operating mill on a monthly basis and each sample must undergo a distillation range test, to determine the initial and final boiling points, using ASTM method D86–90. (ii) An oil/water emulsion, with no more than 15 percent by weight of petroleum-based oil and additives, shall be the only lubricant used at Reynolds' aluminum sheet and plate hot rolling mills, 120 inch, 96 inch, 80 inch, and 145 inch mills. A grab rolling lubricant sample shall be taken from each operating mill on a monthly basis and each sample shall be tested for the percent by weight of petroleum-based oil and additives by ASTM Method D95–83. (iii) The temperature of the inlet supply of rolling lubricant for aluminum sheet cold rolling mills numbers 1 and 7 shall not exceed 150°F, as measured at or after (but prior to the lubricant nozzles) the inlet sump. The temperature of the inlet supply of rolling lubricant for the aluminum sheet and plate hot rolling mills, 120 inch, 96 inch, 80 inch, and 145 inch mills shall not exceed 200°F, as measured at or after (but prior to the lubricant nozzles) the inlet sump. Coolant temperatures shall be monitored at all the rolling mills by use of thermocouple probes and chart recorders or electronic data recorders. (iv) All distillation test results for cold mill lubricants, all percent oil test results for hot mill lubricants, all coolant temperature recording charts and/or temperature data obtained from electronic data recorders, and all oil/water emulsion formulation records, shall be kept on file, and be available for inspection by USEPA, for three years. (8) The control and recordkeeping requirements in this paragraph apply to the silk screen presses and associated ovens, cleaning operations and laminators at Parisian's Novelty Company (Parisian), Chicago, Illinois, facility, instead of the control requirements in paragraphs (x)(8) (u)(3) and (x)(3) of this section and the recordkeeping requirements in paragraph (x)(8)(y) of this section. (i) After March 1, 1993, no coatings or inks shall at any time be applied, at any coating or ink applicator, which exceed the following emission limitations for the specified coating or ink. (A) 6.65 pounds (lbs) volatile organic material (VOM) per gallon of ink (minus water and any compounds which are specifically exempted from the definition of VOM) as applied on Parisian's silk screen presses. (B) 6.4 lbs VOM per gallon of adhesive coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied on Parisian's laminators. Such adhesive is identified as MIX #963. (ii) After March 1, 1993, the volume of coating and ink used shall not exceed the following: (A) 2,556 gallons per year total for all inks. The yearly volume of inks used is to be calculated as follows: (1) Compute the volume of ink used each month by the 15th of the following month. (2) By the 15th of each month, add the monthly ink usage for the 12 previous months (to obtain the yearly volume of ink used). (B) 780 gallons per year total for all coatings specified in paragraph (x)(8)(i)(B) of this section. The yearly volume of coatings used are to be calculated as specified in paragraphs (x)(8)(ii)(A)(1) and (x)(8)(ii)(A)(2) of this section. (iii) Beginning on March 1, 1993, the owner and operator of Parisian's plant in Chicago, Illinois, shall keep the following records for each month. All records shall be retained at Parisian for 3 years and shall be made available to the Administrator on request. (A) The name and identification number of each coating as applied on any laminator. (B) The weight of VOM per volume and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each month on any laminator. (C) The weight of VOM per volume and the volume of each type of ink (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each month on any screen press. (iv) After March 1, 1993, no more than 84 gallons per year of denatured alcohol may be used for cleaning labels at Parisian. The yearly volume of denatured alcohol used is to be calculated as specified in paragraphs (x)(8)(ii)(A)(1) and (x)(8)(ii)(A)(2) of this section. Beginning on March 1, 1993, Parisian shall keep monthly records of the type, volume, and VOM content of all solvents used for label cleaning. These records shall be retained at Parisian for 3 years and shall be made available to the Administrator on request. (v) After March 1, 1993, no more than 7,932 gallons per year of screen wash #956 may be used on Parisian's screen cleaner. The yearly volume of screen wash #956 used is to be calculated as specified in paragraphs (x)(8)(ii)(A)(1) and (x)(8)(ii)(A)(2) of this section. Beginning on March 1, 1993, Parisian shall keep monthly records of the type, volume, and VOM content of all cleaning compounds used on Parisian's screen cleaner. These records shall be retained at Parisian for 3 years and shall be made available to the Administrator on request. (vi) After March 1, 1993, only those cleaners specifically identified in paragraphs (x)(8)(iv) and (x)(8)(v) of this section may be used at Parisian. (9) The control requirements in this paragraph apply to the process sources listed in paragraph (x)(9)(i)(A) of this section at the Nalco Chemical Company facility in Bedford Park, Illinois, instead of the control requirements in paragraph (x)(3) of this section. (i) Production and Operation Restrictions. (A) On and after October 1, 1992, the maximum volatile organic compound (VOC) emissions per batch, the 12-month rolling average number of batches per year, and the peak limit of batches per month shall not exceed the following limits: ---------------------------------------------------------------------------------------------------------------- Maximum VOC emissions, lb/ 12-mo. rolling average Peak batch limit, Source batch limit batch/yr batch/month ---------------------------------------------------------------------------------------------------------------- (1) System 1 charge................. 0.16...................... 280................... 33 System 1 purge.................. 1.35...................... ...................... (2) 24-T-156, 157................... 2.60...................... 300................... 33 (3) 28-T-217, 234................... 0.23...................... 402................... 45 (4) 28-T-214-216.................... 5.70...................... 603................... 65 (5) 20-R-182, 185................... 0.02...................... 72.................... 8 (6) 20-R-130........................ 0.07...................... 340................... 38 (7) 20-R-155........................ 0.21...................... 254................... 29 (8) 20-WT-174....................... 0.21...................... 254................... 29 (9) 12-T-97-99...................... 4.6E-4 lb/hr.............. 8,760 hr/yr........... 744 hr/mo (10) 12-T-95........................ 4.0E-6 lb/hr.............. 8,760 hr/yr........... 744 hr/mo (11) 12-T-96........................ 7.7E-5 lb/hr.............. 8,760 hr/yr........... 744 hr/mo (12) 12-T-67, 73.................... 0.003 lb/hr............... 8,760 hr/yr........... 744 hr/mo (13) 20-T-121-122................... 0.85...................... 312................... 34 (14) 20-T-123-125................... 5.4....................... 616................... 68 (15) 20-T-140, 142.................. 8.0....................... 600................... 65 (16) 20-T-159....................... 0.31...................... 416................... 46 (17) 20-R-193, 200.................. 9.8....................... 540................... 59 (18) 32-R-300....................... 0.18...................... 365................... 41 (19) 32-T-302....................... 0.21...................... 365................... 41 (20) 32-T-304....................... 0.21...................... 730................... 81 (21) 32-T-314....................... 0.23...................... 365................... 41 (22) 32-T-322....................... 0.21...................... 365................... 41 (23) 32-T-328....................... 0.23...................... 365................... 41 (24) 10-T-61........................ 0.001..................... 365_containing organic 31_containing organic (25) 24-T-441, 166.................. 0.12...................... 730................... 81 (26) 25-T-284, 440, 443-444......... 0.28...................... 730................... 81 (27) 25-T-170....................... 4E-6...................... 104................... 12 (28) Tank truck loading............. 0.12 lb/truck............. 1,600 trucks/yr....... 134 trucks/mo (29) System 2....................... 0.36...................... 280................... 33 (30) System 4....................... 2.88...................... 280................... 33 (31) 25-R-164....................... 0.10...................... 365................... 41 (32) 25-R-205....................... 0.14...................... 365................... 41 (33) Drum station................... 3.51...................... 1,005................. 110 (34) V-4SAC......................... 1.56...................... 254................... 29 (35) 20-CT-155...................... 13.90..................... 254................... 29 (36) 12-SE-100...................... 1.10 lb/hr................ 8,760 hr/yr........... 744 hr/mo (37) Drum exhaust hood A............ 1.00...................... 365_involving use of 31_involving use of organic material. organic material (38) 24-T-230....................... 0.98...................... 730................... 81 (39) 8-CT-1......................... 0.002 lb/hr............... 8,760 hr/yr........... 744 hr/mo (40) 9-CT-1......................... 0.002 lb/hr............... 8,760 hr/yr........... 744 hr/mo (41) 10-CT-1........................ 0.005 lb/hr............... 8,760 hr/yr........... 744 hr/mo (42) 22-CT-1........................ 0.003 lb/hr............... 8,760 hr/yr........... 744 hr/mo (43) 25-CT-1........................ 0.005 lb/hr............... 8,760 hr/yr........... 744 hr/mo (44) 25-CT-2........................ 0.002 lb/hr............... 8,760 hr/yr........... 744 hr/mo (45) 29-CT-1........................ 0.002 lb/hr............... 8,760 hr/yr........... 744 hr/mo (46) 32-CT-1........................ 0.005 lb/hr............... 8,760 hr/yr........... 744 hr/mo (47) 36-CT-1........................ 0.002 lb/hr............... 8,760 hr/yr........... 744 hr/mo (48) 32-T-325....................... 0 a....................... 365................... 41 (49) 26-R-195....................... 0.1 a..................... 365................... 41 (50) Continuous polymer-blending.... 0.1 lb/hr a............... 2,000 hr/yr........... (51) Portafeed washer booth 1....... 0.84 lb/hr b.............. 4,160 hr/yr........... 744 hr/mo (52) Portafeed washer booth 2....... 0.84 lb/hr b.............. 8,736 hr/yr........... 744 hr/mo (53) 32-T-392....................... 4.4E-7.................... 104................... 12 ---------------------------------------------------------------------------------------------------------------- a Assumed value. b Based on monitoring data. (B) The following equation shall be used to calculate maximum VOC emissions per batch for the process sources listed in paragraphs (x)(9)(i)(A)(1) (charge only and (2) through (28) and (53) of this section: Where: ER = VOC emission rate; Qo = Quantity of organic per batch or charge rate; Mv = Molecular weight of the volatile component; P = Partial pressure of the volatile component for mixtures of liquid made up with more than one chemical; or vapor pressure for pure liquids made up of only one organic chemical; and Constant1 = (7.45 gal/ft 3 )×(385 ft 3 /mole)x(760 mmHg). (C) The following equation shall be used to calculate the VOC emissions per batch from the process sources listed in paragraph (x)(9)(i)(A)(1) of this section (purge only) and (29) through (32) of this section: Where: PR=Nitrogen purge rate; and Constant2 = (385 ft 3 /mole)×(760 mmHg). (D) The following equation shall be used to calculate the VOC emissions per batch from the drum station listed at paragraph (x)(9)(i)(A)(33) of this section: ER(1b/batch) = (0.40 × [ER28-T-217-218])+(0.60 × [ER28-T-214-216]) (E) The following equation shall be used to calculate the VOC emissions per batch from the V–4SAC listed at paragraph (x)(9)(i)(A)(34) of this section: Where: FR1mmHg = Maximum air flow rate to maintain 1 mmHg; Ma = Molecular weight of air; and Pv2 = Vapor pressure of organic at 65 °F and 760 mmHg. (F) The following equation shall be used to calculate the VOC emissions per batch from 20–CT–155 listed at paragraph (x)(9)(i)(A)(35) of this section: Where: ERtot = Total system emission rate calculated using the following equation: Where: Pv1 = Vapor pressure of organic at 200 °F and 350 mmHg. (G) The following equation shall be used to calculate the VOC emissions per hour from 12–SE–100 listed at paragraph (x)(9)(i)(A)(36) of this section: ER(lb/hr) = Evap (gm/cm 2 sec) × area (cm 2 ) × 3600 sec/hr Where: Evap = Evaporation rate from a surface 8.93 cm × 8.9 cm (lb/[cm 2 ] [sec]) calculated using the following equation: Evap = 10-7 Mv0.71 × [0.034 (Pe - Pd) 1.25 + 156 (Pe - Pd)] Where: Pe = Partial pressure of the component from the spilled liquid; Pd = Partial pressure of the component in the incident air stream, assumed to be 0 mmhg; and Area = Surface area of the liquid. (H) The following equation shall be used to calculate the VOC emissions per batch from the drum exhaust hood A listed at paragraph (x)(9)(i)(A)(37) of this section: Where: FR = Air flow rate. (I) The following equation shall be used to calculate the VOC emissions per batch from 24–T–230 listed at paragraph (x)(9)(i)(A)(38) of this section: Where: VH = Head space volume at heated temperature 135 °F; VA = Head space volume at ambient temperature 68 °F; PP135 °F = Partial pressure of volatile component at 135 °F. Constant3 = (434 ft 3 /mole)(7.45 gal/ft 3 )×(760 mmHg) (J) The following equations shall be used to calculate the VOC emissions per batch from the process sources listed in paragraph (x)(9)(i) (39) through (47) of this section: Where: VR = Refill volume; t = Time between refills; org = Fraction of organic component in product; CB = Concentration of chemical B fed 3 times/week; VT = Tower volume; dB = Density of chemical B; CC = Concentration of chemical C fed continuously; Evap = Evaporation rate; and dc = Density of chemical C. (K) The number of batches for each process source shall be calculated as follows: (1) Compute the monthly number of batches for each process source by the 15th day of the following month. (2) By the 15th day of each month, add the monthly number of batches for each process source for the 12 previous months to obtain the total number of batches per year. (ii) Recordingkeeping. (A) On and after October 1, 1992, the owner and operator of the Nalco Chemical Company facility in Bedford Park, Illinois, shall keep the following records for all process sources listed in paragraphs (x)(9)(i)(A) (1) through (53) of this section. These records shall be maintained for the units specified in paragraphs (x)(9)(i) (A) through (K) of this section, be compiled on a monthly basis, be retained at the facility for a period of 3 years, and be made available to the Administrator upon request. (B) [Reserved] (1) Calculations of the pounds per batch or pounds per hour (as appropriate) for each batch for each process source. This includes the information necessary for each calculation. (2) The monthly number of batches for each process source. (3) The total number of batches per year for the 12 previous months for each process source. (10) The control requirements in this paragraph apply to the storage tanks listed in paragraph (x)(10)(i)(A) of this section at the Nalco Chemical Company facility in Bedford Park, Illinois, instead of the control requirements in paragraph (x)(3) of this section. (i) Production and Operation Restrictions. (A) On and after October 1, 1992, the product of the molecular weight of vapor in each storage tank (Mv), the true vapor pressure at bulk liquid conditions for each tank (P), and the paint factor (Fp); the storage tank maximum yearly throughput for each tank; and the maximum monthly throughput for each tank shall not exceed the following limits: ------------------------------------------------------------------------ MV x P x Fp, Yearly Monthly Tank No. (lb) (mmhg)/ throughput, throughput, lb-mole gal/yr gal/month ------------------------------------------------------------------------ (1) 24-T-147................. 45.4 56,250 4,688 (2) 24-T-150................. 227 266,450 22,204 (3) 24-T-151................. 227 266,450 22,204 (4) 24-T-158N................ 18.9 173,830 14,486 (5) 24-T-158C................ 18.0 110,190 9,183 (6) 24-T-158S................ 1.17 52,010 4,334 (7) 24-T-160................. 226.8 266,450 22,204 (8) 24-T-161................. 227 182,450 15,204 (9) 24-T-162................. 473 93,900 7,825 (10) 20-T-101................ 3.72 90,290 7,525 (11) 20-T-102................ 1.80 122,900 10,242 (12) 20-T-103................ 420 23,960 1,997 (13) 20-T-104................ 180 475,900 39,659 (14) 20-T-105................ 370 52,360 4,363 (15) 20-T-106................ 1,210 623,100 51,926 (16) 20-T-107................ 294 90,040 7,503 (17) 20-T-108................ 1,360 81,470 6,789 (18) 20-T-109................ 1,390 167,060 13,922 (19) 20-T-153................ 180 35,000 2,917 (20) 20-T-131 a.............. ............ .............. (21) 20-T-132 a.............. ............ .............. (22) 20-T-133 a.............. ............ .............. (23) 20-T-134 a.............. ............ .............. (24) 20-T-135 a.............. ............ .............. (25) 20-T-136................ 29.5 307,710 26,580 (26) 20-T-137 a.............. ............ .............. (27) 20-T-138................ 29.5 307,710 26,580 (28) 32-T-305................ 288 785,550 65,462 (29) 32-T-306................ 66.5 165,350 13,779 (30) 32-T-307................ 66.5 294,750 24,563 (31) 32-T-308................ 66.5 128,470 10,706 (32) 32-T-310................ 66.5 77,290 6,441 (33) 32-T-311................ 66.5 182,130 15,177 (34) 32-T-319................ 50.0 688,950 57,413 (35) 32-T-320................ 50.0 688,950 57,413 (36) 32-T-326................ 70.0 248,440 20,703 (37) 32-T-331................ 70.0 489,540 40,795 (38) 32-T-332................ 70.0 70,380 5,865 (39) 32-T-333................ 70.0 270,850 22,571 (40) 32-T-334................ 70.0 210,610 18,267 (41) 32-T-335................ 70.0 418,200 34,850 (42) 32-T-336................ 70.0 632,460 52,706 (43) 32-T-337................ 798 53,850 4,488 (44) 17-T-206................ 27,000 300,760 25,063 (45) 17-T-208................ 27,000 300,760 25,063 (46) 17-T-207................ 2.48 180,180 15,016 (47) 17-T-209................ 2.48 180,180 15,016 (48) 24-T-515................ 331 216,860 18,072 (49) 25-T-282................ 1.42 1,920,410 160,034 (50) 25-T-283................ 1.42 1,920,410 160,034 (51) 24-T-442................ 18.0 90,990 7,583 (52) 17-T-210................ 47.9 582,990 48,583 (53) 17-T-211................ 47.9 582,990 48,583 (54) 17-T-212................ 508 728,420 60,702 (55) 17-T-213................ 508 728,420 60,702 (56) 17-T-401................ 50.0 131,970 10,998 (57) 17-T-402................ 15.0 120,160 10,014 (58) 17-T-403................ 6.20 127,770 10,648 (59) 17-T-404................ 26.5 1,601,510 133,460 (60) 17-T-405................ 50.0 113,830 9,486 (61) 17-T-406................ 40.0 231,030 19,253 (62) 17-T-407................ 206 135,180 11,265 (63) 17-T-409................ 395 327,410 27,285 (64) 17-T-410................ 395 129,290 10,774 (65) 17-T-411................ 50.0 213,870 17,843 (66) 17-T-412................ 50.0 277,840 23,153 (67) 17-T-414................ 50.0 72,920 6,077 (68) 17-T-415................ 50.0 56,140 4,678 (69) 17-T-416................ 395 393,550 32,796 (70) 17-T-417................ 23.4 233,780 19,482 (71) 17-T-418................ 115 873,270 72,773 (72) 17-T-419................ 119 278,460 23,205 (73) 17-T-420................ 112 730,780 60,898 (74) 17-T-421................ 25.2 300,010 25,001 (75) 17-T-422................ 115 873,270 72,773 (76) 17-T-423................ 23.4 215,060 17,922 (77) 17-T-424................ 23.4 209,610 17,468 (78) 26-T-218................ 50.0 64,890 5,408 (79) 26-T-219................ 1.50 197,900 16,492 (80) 26-T-220................ 2,460 160,020 13,336 (81) 26-T-221................ 50.0 74,820 6,235 (82) 26-T-222................ 80.0 66,590 5,550 (83) 26-T-224................ 4.80 225,290 18,774 (84) 26-T-225................ 50.0 36,610 3,051 (85) 26-T-226................ 294 47,390 3,949 (86) 26-T-227................ 50.0 63,040 5,253 (87) 26-T-228................ 500 136,150 11,346 (88) 26-T-229................ 50.0 112,970 9,414 (89) 26-T-231................ 23.4 319,610 26,634 (90) 26-T-232................ 117 564,280 47,024 (91) 26-T-233................ 23.4 539,700 44,975 (92) 27-T-245................ 21.6 361,970 30,165 (93) 27-T-246................ 348 141,820 11,818 (94) 27-T-247................ 23.4 71,670 5,972 (95) 27-T-248................ 198 96,010 8,001 (96) 27-T-249................ 927 51,240 4,270 (97) 27-T-250................ 110 433,030 36,086 (98) 27-T-251................ 396 45,440 3,787 (99) 27-T-252................ 21.6 171,370 14,281 (100) 27-T-253............... 348 237,900 19,825 (101) 26-T-192............... 10.0 117,950 9,829 (102) 27-T-278............... 0.62 74,910 6,243 (103) 27-T-279............... 0.18 583,760 48,647 (104) 27-T-285............... 21.6 459,530 38,294 (105) 27-T-286............... 21.6 459,530 38,294 (106) 25-T-201............... 19.8 143,550 11,963 (107) 32-T-388............... 0.07 499,340 41,612 (108) 32-T-389............... 0.07 499,340 41,612 (109) 32-T-390............... 288 808,310 583,340 (110) 32-T-391............... 1.42 800,00 583,340 ------------------------------------------------------------------------ a Tank not in use. (B) The throughput shall be calculated as follows: (1) Compute the monthly throughput for each tank by the 15th day of the following month. (2) By the 15th day of each month, add the monthly throughputs for the 12 previous months to obtain the yearly throughput. (ii) Recordkeeping. (A) On and after October 1, 1992, the owner and operator of the Nalco Chemical Company facility in Bedford Park, Illinois, shall keep the following records for all storage tanks. These records shall be compiled on a monthly basis, be retained at the facility for a period of 3 years, and be made available to the Administrator upon request. (1) The molecular weight of vapor in each storage tank (Mv), the true vapor pressure at bulk liquid conditions for each tank (P), the paint factor (Fp), and their product. Fp shall be determined from Table 4.3–1 of “Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources,” AP–42, September 1985. (2) The monthly throughput. (3) The total throughput per year for the 12 previous months. (B) [Reserved] (iii) Test Methods. (A) The true vapor pressure at bulk liquid temperature shall be determined by using the procedures specified in paragraph (a)(8) of this section. (B) The molecular weight of vapor in the storage tank shall be determined by using Table 4.3–2 “Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources,” AP–42, September 1985, or by analysis of vapor samples. Where mixtures of organic liquids are stored in a tank, Mv shall be estimated from the liquid composition using the following equation: Where: Ma=Molecular weight of pure component a; Pa=Vapor pressure of pure component a; Xa=Mole fraction of pure component a in the liquid; Mb=Molecular weight of pure component b; Pb=Vapor pressure of pure component b; Xb=Mole fraction of pure component b in the liquid; and Pt=Pa X2= Pb Xb. (11) The control requirements in this paragraph apply to the fugitive emission sources listed in paragraph (x)(11)(i)(A) of this section at the Nalco Chemical Company facility in Bedfore Park, Illinois, instead of the control requirements in paragraph (x)(3) of this section. (i) Production and Operation Restrictions. (A) On and after October 1, 1992, all components (e.g., pumps, valves, flanges, pressure relief valves (PRV's), and open end lines) at the specified locations (e.g., Building 32—Tube Reactor System, etc.), and in the specified type of service (e.g., heavy liquid stratified, light liquid stratified, etc.) shall be limited by the maximum monthly hours in the following table: (ii) Recordkeeping. (A) On and after October 1, 1992, the owner and operator of the Nalco Chemical Company facility in Bedford Park, Illinois, shall keep the following records for all fugitive emission sources. These records shall be compiled on a monthly basis, be retained at the facility for a period of 3 years, and be made available to the Administrator upon request. (1) The total number of hours of organic service for each component at each location specified in paragraphs (x)(11)(i)(A) (1) through (10) of this section. (2) The vapor pressure of each organic compound in each component at each location specified in paragraphs (x)(11)(i)(A) (1) through (10) of this section. (B) [Reserved] (12) The control and recordkeeping and reporting requirements, as well as the test methods in this paragraph, apply to the gravure and screen press operations at the Meyercord Corporation (Meyercord) in Carol Stream, Illinois, instead of the requirements in paragraphs (x)(1) through (x)(5) of this section. (i) After July 1, 1991, no materials which contain volatile organic material (VOM), including coatings, inks, and cleaning material, may be used at any gravure or screen press unless the total VOM emissions remain below 100 tons of VOM for every consecutive 365-day period, or fraction thereof, starting on July 1, 1991. A new 365-day period starts on each day. The VOM emissions, which are to be calculated on a daily basis, are to be added to the VOM emissions for the prior 364 days (but not including any day prior to July 1, 1991). VOM emissions are based upon the VOM content of the material and the volume of material used. The effect of add-on control equipment is not considered in calculating VOM emissions; that is, the VOM emissions are to be determined as if the press(es) do(es) not have add-on control equipment. The applicable test methods and procedures specified in paragraph (a)(4) of this section are to be used in determining daily VOM emissions. (ii) The VOM content of each coating, ink, and cleaning solution shall be determined by the applicable test methods and procedures specified in paragraph (a)(4) of this section to establish the records required under paragraph (x)(12)(ii) of this section. Beginning on July 1, 1991, the owner or operator of the subject presses shall collect and record all of the following information each day and maintain the information at the facility for 3 years: (A) The name and identification number of each coating, ink, and cleaning solution as applied on any press. (B) The pounds (lbs) of VOM per gallon of each coating, ink, and cleaning solution (minus water and any compounds which are specifically exempted from the definition of VOM) as applied on any press. (C) The total gallons of each coating, ink, and cleaning solution (minus water and any compounds which are specifically exempted from the definition of VOM) used per day. (D) The total lbs of VOM contained in the volume of each coating, ink, and cleaning solution used per day on any press. The lbs of VOM per day is to be calculated by multiplying the lbs of VOM per gallon (minus water and any compounds which are specifically exempted from the definition of VOM) times the gallons (minus water and any compounds which are specifically exempted from the definition of VOM) used per day. (E) The total lbs of VOM per day from all coatings, inks, and cleaning solutions used on all presses. The total lbs of VOM per day is to be obtained by adding the lbs of VOM per day contained in all coatings, inks, and cleaning solutions. (F) Within 7 days after each 365-day period, the VOM emissions (as calculated in paragraph (x)(12)(ii)(E)) of this section before add-on control, from the 365-day period, are to be determined. Starting on July 7, 1992, VOM emissions are to be determined for the 365 days ending 7 days earlier. Each day concludes a new 365-day period. However, no VOM emissions are to be included for any days prior to July 1, 1991. For example, on July 17, 1991, the emissions from July 1, through July 10, 1991, are to be included, whereas on January 7, 1994, the emissions from January 1, 1993, through December 31, 1993, are to be included. (13) The control and recordkeeping and reporting requirements, as well as the test methods in this paragraph, apply to the sheet fed cold set presses and web heatset presses at the Wallace Computer Services, Inc. (Wallace) printing and binding plant in Hillside, Illinois, instead of the requirements in 40 CFR 52.741(h) and 40 CFR 52.741(x)(1) through 40 CFR 52.741(x)(5). (i) After July 1, 1991, no inks shall at any time be applied, at the presses indicated below, which exceed the pounds (lbs) volatile organic material (VOM) per gallon of ink (minus water and any compounds which are specifically exempted from the definition of VOM) limit established for each press. After July 1, 1991, the yearly volume of ink used at each press, in gallons of ink (minus water and any compounds which are specifically exempted from the definition of VOM) per year, shall not exceed the gallons per year limit established below for each press. The yearly volume of ink used per press is to be calculated according to the procedure in paragraph (x)(13)(iii) of this section. ------------------------------------------------------------------------ Lbs VOM/ Press gallon Gallons/ ink year ink ------------------------------------------------------------------------ 14.................................................. 1.68 276 16.................................................. 1.68 1896 22.................................................. 3.01 2712 23.................................................. 3.01 13140 25.................................................. 3.01 12720 26.................................................. 3.01 4764 ------------------------------------------------------------------------ (ii) After July 1, 1991, no materials (other than those inks subject to the limits in paragraph (x)(13)(i)) of this section, shall at any time be applied or used, at the presses indicated below, which exceed the lbs VOM per gallon of material (minus water and any compounds which are specifically exempted from the definition of VOM) limit established for each press. After July 1, 1991, the yearly volume of material (excluding ink and water) used at each press, in gallons of material (minus water and any compounds which are specifically exempted from the definition of VOM) per year, shall not exceed the gallons per year limit established for each press. The yearly volume of material (excluding ink and water) used per press is to be calculated according to the procedure in paragraph (x)(13)(iii) of this section. ------------------------------------------------------------------------ Lbs VOM/ Gallons/ Press gallon year material material ------------------------------------------------------------------------ 14................................................. 6.9 612 16................................................. 6.9 8,340 22................................................. 7.1 360 23................................................. 7.1 480 25................................................. 7.1 516 26................................................. 7.1 1,848 ------------------------------------------------------------------------ (iii) The yearly volume of ink/material used is to be calculated as follows: (A) Compute the volume of ink/material used each month per press by the 15th of the following month. (B) By the 15th of each month, add the monthly ink/material usage per press for the 12 previous months (to obtain the yearly volume of ink used). (iv) Beginning on July 1, 1991, the owner and operator of Wallace's plant in Hillside, Illinois, shall keep the following records for each press for each month. All records shall be retained by Wallace for 3 years and shall be made available to the Administrator on request: (A) The name and identification number of each ink, fountain solution, fountain solution additive, cleaning solvent, and other VOM containing material as applied or used. (B) The weight of VOM per volume of each ink, fountain solution, fountain solution additive, cleaning solvent, and each other VOM containing material (minus water and any compounds which are specifically exempted from the definition of VOM) as applied or used each month. (C) The volume of ink (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each month. (D) The total volume of miscellaneous VOM containing materials (minus water and any compounds which are specifically exempted from the definition of VOM), other than inks, that are used each month. (v) Any record showing a violation of paragraph (x)(13)(i) or (x)(13)(ii) of this section shall be reported by sending a copy of such record to the Administrator within 30 days of the violation. (vi) To determine compliance with paragraphs (x)(13)(i) and (x)(13)(ii) of this section and to establish the records required under paragraph (x)(13)(iv) of this section the VOM content of each ink and miscellaneous VOM containing material shall be determined by the applicable test methods and procedures specified in paragraph (a)(4) of this section. (14) The control and recordkeeping and reporting requirements, as well as the test methods in this paragraph, apply to the power-operated silk screen presses, the hand screen presses, the screen adhesive printing lines, the Andreotti rotogravure press, the Halley Rotogravure press, and the Viking press at the American Decal and Manufacturing Company's plant in Chicago, Illinois, instead of the requirements in paragraphs (h) and (x)(1) through (x)(5) of this section. The emissions from the sources listed above (in paragraph (x)(14) of this section) are to be included in the calculation of “maximum theoretical emissions” for determining applicability for any other sources (for which applicability is based on the quantity of maximum theoretical emissions) at American Decal and Manufacturing Company's Chicago plant not included in paragraph (x)(14) of this section. (i) After July 24, 1992, no inks, coatings, thinner, clean-up material or other VOC-containing material shall at any time be applied, at the presses/printing lines listed above (in paragraph (x)(14) of this section), which exceed the VOC content (in percent by weight VOC) limit established below. After July 24, 1992, the yearly usage (in weight of material applied) of ink, coating, thinner, clean-up material, and other VOC-containing material, shall not exceed the applicable pounds per year limit established below. The yearly weight of ink, coating, thinner, clean-up material, and other VOC-containing material is to be calculated according to the procedure in paragraph (x)(14)(ii) of this section. ------------------------------------------------------------------------ Weight Material Usage Percent (lbs/yr) VOC ------------------------------------------------------------------------ #6 ink.............................................. 9,076 56.8 #7 ink.............................................. 1,278 54.2 #2 ink.............................................. 2,911 72.7 Blue N.C. lacq...................................... 394 64.3 Black M lacq........................................ 753 61.6 4B9L Clear.......................................... 2,451 77.1 4B9L H Clear........................................ 3,360 75.0 Flow-Out Agent...................................... 1,795 97.1 D.S. Stamp lacq..................................... 1,047 62.0 Dull write-on....................................... 86 71.6 AH-16............................................... 621 84.5 Thinner (#7,6)...................................... 2,350 100.0 Exon 470............................................ 1,668 65.4 9L Clear............................................ 2,451 77.1 White M lacq........................................ 3,467 47.0 Tedlar Gr. Vehicle.................................. 1,050 66.7 TH-98............................................... 22,047 73.2 TH-57............................................... 59 69.5 TH-14M.............................................. 16,520 0.7 PS 160.............................................. 10,644 3.0 #1 tint............................................. 4,872 69.3 #2 tint............................................. 4,256 83.7 Roto Color.......................................... 13,884 62.0 1st SS White........................................ 25,740 51.5 2nd SS White........................................ 25,740 51.5 Clean Up............................................ 108,742 100.0 Other Materials..................................... 400 100.0 ------------------------------------------------------------------------ (ii) The yearly weight of material used is to be calculated as follows: (A) Compute the weight of each ink, coating, thinner, clean-up material, and other VOC-containing material used each month by the 15th of the following month. (B) By the 15th of each month, add the monthly usage (in pounds) for each ink, coating, thinner, clean-up material, and other VOC-containing material for the twelve previous months (to obtain the yearly weight of each ink, coating, thinner, clean-up material used). A comparison of these yearly usage levels (in pounds) with purchase records must be made to ensure the accuracy of the monthly usage levels (in pounds) obtained to satisfy paragraph (x)(14)(ii)(A) of this section. (iii) Beginning on August 1, 1992, the owner and operator of the American Decal and Manufacturing Company plant in Chicago, Illinois, shall keep the following records for each ink, coating, thinner, clean-up material, and other VOC-containing material for each month. All records shall be kept by the American Decal and Manufacturing Company for 3 years and shall be made available to the Administrator on request: (A) The name and identification number of each ink, coating, thinner, clean-up material, and other VOC-containing material as applied or used. (B) The weight percent VOC of each ink, coating, thinner, clean-up material, and each other VOC-containing material as applied or used each month. (C) The as applied weight of each ink, coating, thinner, clean-up material, and other VOC-containing material used each month. (iv) Any record showing a violation of paragraph (x)(14)(i) of this section after October 20, 1995 shall be reported by sending a copy of such record to the Administrator within 30 days of the violation. (v) To determine compliance with paragraph (x)(14)(i) of this section and to establish the records required under paragraph (x)(14)(iii) of this section, the weight percent VOC of each ink, coating, thinner, clean-up material, and other VOC-containing material shall be determined by the applicable test methods and procedures specified in paragraph (a)(4) of this section. Any material reported to be 100 percent VOC does not have to be tested for weight percent VOC. (y) Recordkeeping and reporting for non-CTG sources—(1) Exempt emission sources. Upon request by the Administrator, the owner or operator of an emission source which is exempt from the requirements of paragraphs (u), (v), (w), (x), or (e)(3)(ii) of this section shall submit records to the Administrator within 30 calendar days from the date of the request that document that the emission source is exempt from those requirements. (2) Subject emission sources. (i) Any owner or operator of a VOM emission source which is subject to the requirements of paragraph (u), (v), (w) or (x) of this section and complying by the use of emission capture and control equipment shall comply with the following: (A) By July 1, 1991, or upon initial start-up of a new emission source, the owner or operator of the subject VOM emission source shall perform all tests and submit to the Administrator the results of all tests and calculations necessary to demonstrate that the subject emission source will be in compliance on and after July 1, 1991, or on and after the initial start-up date. (B) On and after July 1, 1991, or on and after the initial start-up date, the owner or operator of a subject VOM emission source shall collect and record all of the following information each day and maintain the information at the facility for a period of three years: (1) Control device monitoring data. (2) A log of operating time for the capture system, control device, monitoring equipment and the associated emission source. (3) A maintenance log for the capture system, control device and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages. (C) On and after July 1, 1991, the owner or operator of a subject VOM emission source shall notify the Administrator in the following instances: (1) Any record showing a violation of the requirements of paragraphs (u), (v), (w), or (x) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following the occurrence of the violation. (2) At least 30 calendar days before changing the method of compliance with paragraphs (u) or (x) of this section from the use of capture systems and control devices to the use of complying coatings, the owner or operator shall comply with all requirements of paragraph (y)(2)(ii)(A) of this section. Upon changing the method of compliance with paragraphs (u) or (x) of this section from the use of capture systems and control devices to the use of complying coatings, the owner or operator shall comply with all requirements of paragraph (y)(2)(ii) of this section. (ii) Any owner or operator of a coating line which is subject to the requirements of paragraphs (u) or (x) of this section and complying by means of the daily-weighted average VOM content limitation shall comply with the following: (A) By July 1, 1991, or upon initial start-up of a coating line subject to paragraph (u) or (x) of this section; the owner or operator of the subject coating line shall certify to the Administrator that the coating line will be in compliance on and after July 1, 1991, or on and after the initial start-up date. Such certification shall include: (1) The name and identification number of each coating line which will comply by means of the daily-weighted average VOM content limitation. (2) The name and identification number of each coating as applied on each coating line. (3) The weight of VOM per volume and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line. (4) The instrument or method by which the owner or operator will accurately measure or calculate the volume of each coating as applied each day on each coating line. (5) The method by which the owner or operator will create and maintain records each day as required in paragraph (y)(2)(ii)(B) of this section. (6) An example of the format in which the records required in paragraph (y)(2)(ii)(B) of this section will be kept. (B) On and after July 1, 1991, or on and after the initial start-up date, the owner or operator of a subject coating line shall collect and record all of the following information each day for each coating line and maintain the information at the facility for a period of three years: (1) The name and identification number of each coating as applied on each coating line. (2) The weight of VOM per volume and the volume of each coating (minus water and any compounds which are specifically exempted from the definition of VOM) as applied each day on each coating line. (3) The daily-weighted average VOM content of all coatings as applied on each coating line as defined in paragraph (a)(3) of this section. (C) On and after July 1, 1991, the owner or operator of a subject coating line shall notify the Administrator in the following instances: (1) Any record showing violation of the requirements of paragraph (u) or (x) of this section shall be reported by sending a copy of such record to the Administrator within 30 days following the occurrence of the violation. (2) At least 30 calendar days before changing the method of compliance with paragraph (u) or (x) of this section from the use of complying coatings to the use capture systems and control devices, the owner or operator shall comply with all requirements of paragraph (y)(2)(i)(A) of this section. Upon changing the method of compliance with paragraphs (u) or (x) of this section from the use of complying coatings to the use capture systems and control devices, the owner or operator shall comply with all requirements of paragraph (y)(2)(i) of this section. (iii) Any owner or operator of a VOM emission source which is subject to the requirements of paragraphs (u), (v), (w) or (x) of this section and complying by means of an alternative control plan which has been approved by the Administrator as a SIP or FIP revision shall comply with the recordkeeping and reporting requirements specified in the altenative control plan. (z) Rules stayed. Not withstanding any other provision of this subpart, the effectiveness of the following rules is stayed as indicated below. (1) [Reserved] (2) Compliance with all of 40 CFR 52.741 is stayed for 60 days (July 1, 1991, until August 30, 1991) as it pertains to the following parties: The Illinois Environmental Regulatory Group including its approximately 40 member firms; Allsteel, Incorporated; Riverside Laboratories, Incorporated; the Printing Industry of Illinois/Indiana Association including its member firms, and R.R. Donnelley & Sons Company; the rules applicable to General Motors Corporation; Reynolds Metals Company; Stepan Company; and Duo-Fast Corporation. Final compliance for these parties is extended 60 days from July 1, 1991 until August 30, 1991. (3) The following rules are stayed from July 23, 1991, until USEPA completes its reconsideration as indicated: (i) 40 CFR 52.741(e) only as it applies to Duo-Fast Corporation's Franklin Park, Illinois “power-driven metal fastener” manufacturing facility, and (ii) 40 CFR 52.741 (w) and (y) only as it applies to Stepan Company's miscellaneous organic chemical manufacturing processes at its manufacturing facility located near Millsdale, Illinois. When USEPA concludes its reconsideration, it will publish its decision and any actions required to effectuate that decision in the Federal Register. (4)–(5) [Reserved] Appendix A—List of Chemicals Defining Synthetic Organic Chemical and Polymer Manufacturing top ------------------------------------------------------------------------ OCPDB No.\1\ Chemical ------------------------------------------------------------------------ 20..................................... Acetal. 30..................................... Acetaldehyde. 40..................................... Acetaldol. 50..................................... Acetamide. 65..................................... Acetanilide. 70..................................... Acetic acid. 80..................................... Acetic anhydride. 90..................................... Acetone. 100.................................... Acetone cyanohydrin. 110.................................... Acetonitrile. 120.................................... Acetophenone. 125.................................... Acetyl chloride. 130.................................... Acetylene. 140.................................... Acrolein. 150.................................... Acrylamide. 160.................................... Acrylic acid & esters. 170.................................... Acrylonitrile. 180.................................... Adipic acid. 185.................................... Adiponitrile. 190.................................... Alkyl naphthalenes. 200.................................... Allyl alcohol. 210.................................... Allyl chloride. 220.................................... Aminobenzoic acid. 230.................................... Aminoethylethanolamine. 235.................................... p-aminophenol. 240.................................... Amyl acetates. 250.................................... Amyl alcohols. 260.................................... Amyl amine. 270.................................... Amyl chloride. 280.................................... Amyl mercaptans. 290.................................... Amyl phenol. 300.................................... Aniline. 310.................................... Aniline hydrochloride. 320.................................... Anisidine. 330.................................... Anisole. 340.................................... Anthranilic acid. 350.................................... Anthraquinone. 360.................................... Benzaldehyde. 370.................................... Benzamide. 380.................................... Benzene. 390.................................... Benzenedisulfonic acid. 400.................................... Benzene-sulfonic acid. 410.................................... Benzil. 420.................................... Benzilic acid. 430.................................... Benzoic acid. 440.................................... Benzoin. 450.................................... Bennzonitrile. 460.................................... Benzophenone. 480.................................... Benzotrichloride. 490.................................... Benzoyl chloride. 500.................................... Benzyl chalcohol. 510.................................... Benzyl amine. 520.................................... Benzyl benzoate. 530.................................... Benzyl chloride. 540.................................... Benzyl dichloride. 550.................................... Biphenyl. 560.................................... Bisphenol A. 570.................................... Bromobenzene. 580.................................... Bromonaphthalene. 590.................................... Butadiene. 592.................................... 1-butene. 600.................................... n-butyl acetate. 630.................................... n-butyl acrylate. 640.................................... n-butyl alcohol. 650.................................... s-butyl alcohol. 660.................................... t-butyl alcohol. 670.................................... n-butylamine. 680.................................... s-butylamine. 690.................................... t-butylamine. 700.................................... p-pert-butyl benzoic acid. 750.................................... n-butyraldehyde. 760.................................... Butyric acid. 770.................................... Butyric anhydride. 780.................................... Butyronitrile. 785.................................... Caprolactam. 790.................................... Carbon disulfide. 800.................................... Carbon tetrabromide. 810.................................... Carbon tetrachloride. 820.................................... Cellulose acetate. 840.................................... Chloroacetic acid. 850.................................... m-chloroaniline. 860.................................... o-chloroaniline. 870.................................... p-chloroaniline. 880.................................... Chlorobenzaldehyde. 890.................................... Chlorobenzene. 900.................................... Chlorobenzoic acid. 905.................................... Chlorobenzotrichloride. 910.................................... Chlorobenzoyl chloride. 920.................................... Chlorodifluoroethane. 921.................................... Chlorodifluoromethane. 930.................................... Chloroform 940.................................... Chloronaphthalene. 950.................................... o-chloronitrobenzene. 951.................................... p-chloronitrobenzene. 960.................................... Chlorophenols. 964.................................... Chloroprene. 965.................................... Chlorosulfonic acid. 970.................................... m-chlorotoluene. 980.................................... o-chlorotoluene. 990.................................... p-chlorotoluene. 992.................................... Chlorotrifluoromethane. 1000................................... m-cresol. 1010................................... o-cresol. 1020................................... p-cresol. 1021................................... Mixed cresols. 1030................................... Cresylic acid. 1040................................... Crontonaldehyde. 1050................................... Crontonic acid. 1060................................... Cumene. 1070................................... Cumene hydroperoxide. 1080................................... Cyanoacetic acid. 1090................................... Cyanogen chloride. 1100................................... Cyanuric acid. 1110................................... Cyanuric chloride. 1120................................... Cychohexane. 1130................................... Cyclohexanol. 1140................................... Cyclohexanone. 1150................................... Cyclohexene. 1160................................... Cyclohexylamine. 1170................................... Cyclooctadiene. 1180................................... Decanol. 1190................................... Diacetone alcohol. 1200................................... Diaminobenzoic acid. 1210................................... Dichloroaniline. 1215................................... m-dichlorobenzene. 1216................................... o-dichlorobenzene. 1220................................... p-dichlorobenzene. 1221................................... Dichlorodifluoromethane. 1240................................... Dichloroethyl ether 1,2- dichloroethane. 1250................................... Dichlorohydrin 1270................................... Dichloropropene. 1280................................... Dicyclohexylamine. 1290................................... Diethylamine. 1300................................... Diethylene glycol. 1304................................... Diethylene glycol diethyl ether. 1305................................... Diethylene glycol dimethyl ether. 1310................................... Diethylene glycolmonobutyl ether. 1320................................... Diethylene glycolmonobutyl ether acetate. 1330................................... Diethylene glycolmonoethyl ether. 1340................................... Diethylene glycolmonoethyl ether acetate. 1360................................... Diethylene glycolmonomethyl ether. 1420................................... Diethyl sulfate. 1430................................... Difluoroethane. 1440................................... Diisobutylene. 1442................................... Diisodecyl phthalate. 1444................................... Diisooctyl phthalate. 1450................................... Diketene. 1460................................... Dimethylamine. 1470................................... N,N-dimethylaniline. 1480................................... N,N-dimethylether. 1490................................... N,N-dimethylformamide. 1495................................... Dimethylhydrazine. 1500................................... Dimethyl sulfate. 1510................................... Dimethyl sulfide. 1520................................... Dimethylsulfoxide. 1530................................... Dimethylterephthalate. 1540................................... 3,5-dinitrobenzoic acid. 1545................................... Dinitrophenol. 1560................................... Dioxane. 1570................................... Dioxolane. 1580................................... Diphenylamine. 1590................................... Diphenyl oxide. 1600................................... Diphenyl thiourea. 1610................................... Dipropylene glycol. 1620................................... Dodecene. 1630................................... Dodecylaniline. 1640................................... Dodecylphenol. 1650................................... Epichlorohydrin. 1660................................... Ethanol. 1661................................... Ethanolamines. 1670................................... Ethyl acetate. 1680................................... Ethyl acetoacetate. 1690................................... Ethyl acrylate. 1700................................... Ethylamine. 1710................................... Ethylbenzene. 1720................................... Ethyl bromide. 1730................................... Ethylcellulose. 1740................................... Ethyl chloride. 1750................................... Ethyl chloroacetate. 1760................................... Ethylcyanoacetate. 1770................................... Ethylene. 1780................................... Ethylene carbonate. 1790................................... Ethylene chlorodhydrin. 1800................................... Ethylenediamine. 1810................................... Ethylene dibromide. 1830................................... Ethylene glycol. 1840................................... Ethylene glycol diacetate. 1870................................... Ethylene glycol dimethyl ether. 1890................................... Ethylene glycol monobutyl ether. 1900................................... Ethylene glycol monobutyl ether acetate. 1910................................... Ethylene glycol monoethyl ether. 1920................................... Ethylene glycol monoethyl ether acetate. 1930................................... Ethylene glycol monoethyl ether. 1940................................... Ethylene glycol monomethyl ether acetate. 1960................................... Ethylene glycol monophenyl ether. 1970................................... Ethylene glycol monopropyl ether. 1980................................... Ethylene oxide. 1990................................... Ethyl ether. 2000................................... 2-ethylhexanol. 2010................................... Ethyl orthoformate. 2020................................... Ethyl oxalate. 2030................................... Ethyl sodium oxalacetate. 2040................................... Formaldehyde. 2050................................... Formamide. 2060................................... Formic acid. 2070................................... Fumaric acid. 2073................................... Furfural. 2090................................... Glycerol (Synthetic). 2091................................... Glycerol dichlorohydrin. 2100................................... Glycerol triether. 2110................................... Glycine. 2120................................... Glyoxal. 2145................................... Hexachlorobenzene. 2150................................... Hexachloroethane. 2160................................... Hexadecyl alcohol. 2165................................... Hexamethylenediamine. 2170................................... Hexamethylene glycol. 2180................................... Hexamethylentetramine. 2190................................... Hydrogen cyanide. 2200................................... Hydroquinone. 2210................................... p-hydroxy-benzoic acid. 2240................................... Isoamylene. 2250................................... Isobutanol. 2260................................... Isobutyl acetate. 2261................................... Isobutylene. 2270................................... Isobutyraldehyde. 2280................................... Isobutyric acid. 2300................................... Isodecanol. 2320................................... Isooctyl alcohol. 2321................................... Isopentane. 2330................................... Isophorone. 2340................................... Isophthalic acid. 2350................................... Isoprene. 2360................................... Isopropanol. 2370................................... Isopropyl acetate. 2380................................... Isopropylamine. 2390................................... Isopropyl chloride. 2400................................... Isopropylphenol. 2410................................... Ketene. 2414................................... Linear alkylsulfonate. 2417................................... Linear alkylbenzene. 2420................................... Maleic acid. 2430................................... Maleic anhydride. 2440................................... Malic acid. 2450................................... Mesityl oxide. 2455................................... Metanilic acid. 2460................................... Methacrylic acid. 2490................................... Methallyl chloride. 2500................................... Methanol. 2510................................... Methyl acetate. 2520................................... Methyl acetoacetate. 2530................................... Methylamine. 2540................................... n-methylaniline. 2545................................... Methyl bromide. 2550................................... Methyl butynol. 2560................................... Methyl chloride. 2570................................... Methyl cyclohexane. 2590................................... Methyl cyclohexanone. 2620................................... Methylene chloride. 2630................................... Methylene dianiline. 2635................................... Methylene diphenyl diisocyanate. 2640................................... Methyl ethyl ketone. 2644................................... Methyl formate. 2650................................... Methyl isobutyl carbinol. 2660................................... Methyl isobutyl ketone. 2665................................... Methyl methacrylate. 2670................................... Methyl pentynol. 2690................................... a-methyl styrene. 2700................................... Morpholine. 2710................................... a-napthalene sulfonic acid. 2720................................... B-napthalene sulfonic acid. 2730................................... a-naphthol. 2740................................... B-naphthol. 2750................................... Neopentanoic acid. 2756................................... o-nitroaniline. 2757................................... p-nitroaniline. 2760................................... o-nitroanisole. 2762................................... p-nitroanisole. 2770................................... Nitrobenzene. 2780................................... Nitrobenzoic acid (o, m & p). 2790................................... Nitroethane. 2791................................... Nitromethane. 2792................................... Nitrophenol. 2795................................... Nitropropane. 2800................................... Nitrotoluene. 2810................................... Nonene. 2820................................... Nonyl phenol. 2830................................... Octyl phenol. 2840................................... Paraldehyde. 2850................................... Pentaerythritol. 2851................................... n-pentane. 2855................................... l-pentene. 2860................................... Perchloroethylene. 2882................................... Perchloromethylmercaptan. 2890................................... o-phenetidine. 2900................................... p-phenetidine. 2910................................... Phenol. 2920................................... Phenolsulfonic acids. 2930................................... Phenyl anthranilic acid. 2940................................... Phenylenediamine. 2960................................... Phthalic anhydride. 2970................................... Phthalimide. 2973................................... b-picoline. 2976................................... Piperazine. 3000................................... Polybutenes. 3010................................... Polyethylene glycol. 3025................................... Polypropylene glycol. 3063................................... Propionaldehyde. 3066................................... Propionic acid. 3070................................... n-propyl alcohol. 3075................................... Propylamine. 3080................................... Propyl chloride. 3090................................... Propylene. 3100................................... Propylene chlorohydrin. 3110................................... Propylene dichloride. 3111................................... Propylene glycol. 3120................................... Propylene oxide. 3130................................... Pyridine. 3140................................... Quinone. 3150................................... Resorcinol. 3160................................... Resorcylic acid. 3170................................... Salicylic acid. 3180................................... Sodium acetate. 3181................................... Sodium benzoate. 3190................................... Sodium carboxymethylcellulose. 3191................................... Sodium chloroacetate. 3200................................... Sodium formate. 3210................................... Sodium phenate. 3220................................... Sorbic acid. 3230................................... Styrene. 3240................................... Succinic acid. 3250................................... Succinitrile. 3251................................... Sulfanilic acid. 3260................................... Sulfolane. 3270................................... Tannic acid. 3280................................... Terephthalic acid. 3290 & 3291........................ Tetrachloroethanes. 3300................................... Tetrachlorophthalic anhydride. 3310................................... Tetraethyllead. 3320................................... Tetrahydronaphthalene. 3330................................... Tetrahydrophthalic anhydride. 3335................................... Tetramethyllead. 3340................................... Tetramethylenediamine. 3341................................... Tetramethylethylenediamine. 3349................................... Toluene. 3350................................... Toluene-2,4-diamine. 3354................................... Toluene-2,4-diisocyanate. 3355................................... Toluene diisocyanates (mixture). 3360................................... Toluene sulfonamide. 3370................................... Toluene sulfonic acids. 3380................................... Toluene sulfonylchloride. 3381................................... Toluidines. 3393................................... Trichlorobenzenes. 3395................................... 1,1,1-trichloroethane. 3400................................... 1,1,2-trichloroethane. 3410................................... Trichloroethylene. 3411................................... Trichlorofluoromethane. 3420................................... 1,2,3-trichloropropane. 3430................................... 1,1,2-trichloro-1,2,2- trifluoroethane. 3450................................... Triethylamine. 3460................................... Triethylene glycol. 3470................................... Triethylene glycoldimethyl ether. 3480................................... Triisobutylene. 3490................................... Trimethylamine. 3510................................... Vinyl acetate. 3520................................... Vinyl chloride. 3530................................... Vinylidene chloride. 3540................................... Vinyl toluene. 3541................................... Xylene (mixed). 3560................................... o-xylene. 3570................................... p-xylene. 3580................................... Xylenol. 3590................................... Xylidine, 1,3-butylene glycol, Dinitrotoluene, Methyltertbutyl ether, Phosgene, Polyethylene, Polypropylene, Polystyrene, Urea. ------------------------------------------------------------------------ \1\ The OCPDB Numbers are reference indices assigned to the various chemicals in the Organic Chemical Producers Data Base developed by the USEPA. Appendix B—VOM Measurement Techniques for Capture Efficiency top Procedure G.1—Captured VOC Emissions 1. Introduction 1.1 Applicability. This procedure is applicable for determining the volatile organic compounds (VOC) content of captured gas streams. It is intended to be used as a segment in the development of liquid/gas or gas/gas protocols for determining VOC capture efficiency (CE) for surface coating and printing operations. The procedure may not be acceptable in certain site-specific situations, e.g., when: (1) Direct fired heaters or other circumstances affect the quantity of VOC at the control device inlet; and (2) particulate organic aerosols are formed in the process and are present in the captured emissions. 1.2 Principle. The amount of VOC captured (G) is calculated as the sum of the products of the VOC content (CGj), the flow rate (QGj), and the sample time (TC) from each captured emissions point. 1.3 Estimated measurement uncertainty. The measurement uncertainties are estimated for each captured or fugitive emissions point as follows: QGj=±5.5 percent and CGj=±5.0 percent. Based on these numbers, the probable uncertainty for G is estimated at about ±7.4 percent. 1.4 Sampling requirements. A capture efficiency test shall consist of at least three sampling runs. The sampling time for each run should be at least 8 hours, unless otherwise approved. 1.5 Notes. Because this procedure is often applied in highly explosive areas, caution and care should be exercised in choosing appropriate equipment and installing and using the equipment. Mention of trade names or company products does not constitute endorsement. All gas concentrations (percent, ppm) are by volume, unless otherwise noted. 2. Apparatus and Reagents 2.1 Gas VOC concentration. A schematic of the measurement system is shown in Figure 1. The main components are described below: 2.1.1 Sample probe. Stainless steel, or equivalent. The probe shall be heated to prevent VOC condensation. 2.1.2 Calibration valve assembly. Three-way valve assembly at the outlet of sample probe to direct the zero and calibration gases to the analyzer. Other methods, such as quick-connect lines, to route calibration gases to the outlet of the sample probe are acceptable. 2.1.3 Sample line. Stainless steel or Teflon tubing to transport the sample gas to the analyzer. The sample line must be heated to prevent condensation. 2.1.4 Sample pump. A lead-free pump, to pull the sample gas through the system at a flow rate sufficient to minimize the response time of the measurement system. The components of the pump that contact the gas stream shall be constructed of stainless steel or Teflon. The sample pump must be heated to prevent condensation. 2.1.5 Sample flow rate control. A sample flow rate control valve and rotameter, or equivalent, to maintain a constant sampling rate within 10 percent. The flow rate control valve and rotameter must be heated to prevent condensation. A control valve may also be located on the sample pump bypass loop to assist in controlling the sample pressure and flow rate. 2.1.6 Sample gas manifold. Capable of diverting a portion of the sample gas stream to the flame ionization analyzer (FIA), and the remainder to the bypass discharge vent. The manifold components shall be constructed of stainless steel or Teflon. If captured or fugitive emissions are to be measured at multiple locations, the measurement system shall be designed to use separate sampling probes, lines, and pumps for each measurement location and a common sample gas manifold and FIA. The sample gas manifold and connecting lines to the FIA must be heated to prevent condensation. 2.1.7 Organic concentration analyzer. An FIA with a span value of 1.5 times the expected concentration as propane; however, other span values may be used if it can be demonstrated that they would provide more accurate measurements. The system shall be capable of meeting or exceeding the following specifications: 2.1.7.1 Zero drift. Less than ±3.0 percent of the span value. 2.1.7.2 Calibration drift. Less than ±3.0 percent of the span value. 2.1.7.3 Calibration error. Less than ±5.0 percent of the calibration gas value. 2.1.7.4 Response time. Less than 30 seconds. 2.1.8 Integrator/data acquisition system. An analog or digital device or computerized data acquisition system used to integrate the FIA response or compute the average response and record measurement data. The minimum data sampling frequency for computing average or integrated values is one measurement value every 5 seconds. The device shall be capable of recording average values at least once per minute. 2.1.9 Calibration and other gases. Gases used for calibration, fuel, and combustion air (if required) are contained in compressed gas cylinders. All calibration gases shall be traceable to NIST standards and shall be certified by the manufacturer to ±1 percent of the tag value. Additionally, the manufacturer of the cylinder should provide a recommended shelf life for each calibration gas cylinder over which the concentration does not change more than ±2 percent from the certified value. For calibration gas values not generally available, alternative methods for preparing calibration gas mixtures, such as dilution systems, may be used with prior approval. 2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40 percent H2/60 percent N2 gas mixture is recommended to avoid an oxygen synergism effect that reportedly occurs when oxygen concentration varies significantly from a mean value. 2.1.9.2 Carrier gas. High purity air with less than 1 ppm of organic material (as propane or carbon equivalent) or less than 0.1 percent of the span value, whichever is greater. 2.1.9.3 FIA Linearity calibration gases. Low-, mid-, and high-range gas mixture standards with nominal propane concentrations of 20–30, 45–55, and 70–80 percent of the span value in air, respectively. Other calibration values and other span values may be used if it can be shown that more accurate measurements would be achieved. 2.1.10 Particulate filter. An in-stack or an out-of-stack glass fiber filter is recommended if exhaust gas particulate loading is significant. An out-of-stack filter must be heated to prevent any condensation unless it can be demonstrated that no condensation occurs. 2.2 Captured emissions volumetric flow rate. 2.2.1 Method 2 or 2A apparatus. For determining volumetric flow rate. 2.2.2 Method 3 apparatus and reagents. For determining molecular weight of the gas stream. An estimate of the molecular weight of the gas stream may be used if it can be justified. 2.2.3 Method 4 apparatus and reagents. For determining moisture content, if necessary. 3. Determinations of Volumetric Flow Rate of Captured Emissions 3.1 Locate all points where emissions are captured from the affected facility. Using Method 1, determine the sampling points. Be sure to check each site for cyclonic or swirling flow. 3.2 Measure the velocity at each sampling site at least once every hour during each sampling run using Method 2 or 2A. 4. Determinations of VOC Content of Captured Emissions 4.1 Analysis duration. Measure the VOC responses at each captured emissions point during the entire test run or, if applicable, while the process is operating. If there are multiple captured emission locations, design a sampling system to allow a single FIA to be used to determine the VOC responses at all sampling locations. 4.2 Gas VOC concentration. 4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the FIA according to the procedure in section 5.1. 4.2.2 Conduct a system check according to the procedure in section 5.3. 4.2.3 Install the sample probe so that the probe is centrally located in the stack, pipe, or duct, and is sealed tightly at the stack port connection. 4.2.4 Inject zero gas at the calibration valve assembly. Allow the measurement system response to reach zero. Measure the system response time as the time required for the system to reach the effluent concentration after the calibration valve has been returned to the effluent sampling position. 4.2.5 Conduct a system check before and a system check after each sampling run according to the procedures in sections 5.2 and 5.3. If the drift check following a run indicates unacceptable performance, the run is not valid. The tester may elect to perform system drift checks during the run not to exceed one drift check per hour. 4.2.6 Verify that the sample lines, filter, and pump temperatures are 120 ±5 °C. 4.2.7 Begin sampling at the start of the test period and continue to sample during the entire run. Record the starting and ending times and any required process information as appropriate. If multiple captured emission locations are sampled using a single FIA, sample at each location for the same amount of time (e.g., 2 minutes) and continue to switch from one location to another for the entire test run. Be sure that total sampling time at each location is the same at the end of the test run. Collect at least 4 separate measurements from each sample point during each hour of testing. Disregard the measurements at each sampling location until two times the response time of the measurement system has elapsed. Continue sampling for at least 1 minute and record the concentration measurements. 4.3 Background concentration. 4.3.1 Locate all NDO's of the TTE. A sampling point shall be centrally located outside of the TTE at 4 equivalent diameters from each NDO, if possible. If there are more than 6 NDO's, choose 6 sampling points evenly spaced among the NDO's. 4.3.2 Assemble the sample train as shown in Figure 2. Calibrate the FIA and conduct a system check according to the procedures in sections 5.1 and 5.3. Note: This sample train shall be a separate sampling train from the one to measure the captured emissions. 4.3.3 Position the probe at the sampling location. 4.3.4 Determine the response time, conduct the system check and sample according to the procedures described in sections 4.2.4 to 4.2.7. 4.4 Alternative procedure. The direct interface sampling and analysis procedure described in section 7.2 of Method 18 may be used to determine the gas VOC concentration. The system must be designed to collect and analyze at least one sample every 10 minutes. 5. Calibration and Quality Assurance 5.1 FIA calibration and linearity check. Make necessary adjustments to the air and fuel supplies for the FIA and ignite the burner. Allow the FIA to warm up for the period recommended by the manufacturer. Inject a calibration gas into the measurement system and adjust the back-pressure regulator to the value required to achieve the flow rates specified by the manufacturer. Inject the zero- and the high-range calibration gases and adjust the analyzer calibration to provide the proper responses. Inject the low- and mid-range gases and record the responses of the measurement system. The calibration and linearity of the system are acceptable if the responses for all four gases are within 5 percent of the respective gas values. If the performance of the system is not acceptable, repair or adjust the system and repeat the linearity check. Conduct a calibration and linearity check after assembling the analysis system and after a major change is made to the system. 5.2 Systems drift checks. Select the calibration gas that most closely approximates the concentration of the captured emissions for conducting the drift checks. Introduce the zero and calibration gas at the calibration valve assembly and verify that the appropriate gas flow rate and pressure are present at the FIA. Record the measurement system responses to the zero and calibration gases. The performance of the system is acceptable if the difference between the drift check measurement and the value obtained in section 5.1 is less than 3 percent of the span value. Conduct the system drift checks at the end of each run. 5.3 System check. Inject the high range calibration gas at the inlet to the sampling probe while the dilution air is turned off. Record the response. The performance of the system is acceptable if the measurement system response is within 5 percent of the value obtained in section 5.1 for the high range calibration gas. Conduct a system check before and after each test run. 5.4 Analysis audit. Immediately before each test analyze an audit cylinder as described in section 5.2. The analysis audit must agree with the audit cylinder concentration within 10 percent. 6. Nomenclature Ai=area of NDO i, ft 2 . AN=total area of all NDO's in the enclosure, ft 2 . CBi=corrected average VOC concentration of background emissions at point i, ppm propane. CB=average background concentration, ppm propane. CGj=corrected average VOC concentration of captured emissions at point j, ppm propane. CDH=average measured concentration for the drift check calibration gas, ppm propane. CDO=average system drift check concentration for zero concentration gas, ppm propane. CH=actual concentration of the drift check calibration gas, ppm propane. Ci=uncorrected average background VOC concentration measured at point i, ppm propane. Cj=uncorrected average VOC concentration measured at point j, ppm propane. G=total VOC content of captured emissions, kg. K1=1.830×10-6 kg/ (m 3 -ppm). n=number of measurement points. QGj=average effluent volumetric flow rate corrected to standard conditions at captured emissions point j, m 3 /min. TC=total duration of captured emissions sampling run, min. 7. Calculations 7.1 Total VOC captured emissions. 7.2 VOC concentration of the captured emissions at point j. 7.3. Background VOC concentration at point i. 7.4 Average background concentration. Note: If the concentration at each point is with in 20 percent of the average concentration of all points, the terms “Ai” and “AN” may be deleted from Equation 4. Procedure G.2—Captured VOC Emissions (Dilution Technique) 1. Introduction 1.1 Applicability. This procedure is applicable for determining the volatile organic compounds (VOC) content of captured gas streams. It is intended to be used as a segment in the development of a gas/gas protocol in which fugitive emissions are measured for determining VOC capture efficiency (CE) for surface coating and printing operations. A dilution system is used to reduce the VOC concentration of the captured emission to about the same concentration as the fugitive emission. The procedure may not be acceptable in certain site-specific situations, e.g., when: (1) Direct fired heaters or other circumstances affect the quantity of VOC at the control device inlet; and (2) particulate organic aerosols are formed in the process and are present in the captured emissions. 1.2 Principle. The amount of VOC captured (G) is calculated as the sum of the products of the VOC content (CGj), the flow rate (QGj), and the sampling time (TC) from each captured emissions point. 1.3 Estimated measurement uncertainty. The measurement uncertainties are estimated for each captured or fugitive emissions point as follows: OGj=±5.5 percent and CGj=±5 percent. Based on these numbers, the probable uncertainty for G is estimated at about ±7.4 percent. 1.4 Sampling requirements. A capture efficiency test shall consist of at least three sampling runs. The sampling time for each run should be at least 8 hours, unless otherwise approved. 1.5 Notes. Because this procedure is often applied in highly explosive areas, caution and care should be exercised in choosing appropriate equipment and installing and using the equipment. Mention of trade names or company products does not constitute endorsement. All gas concentrations (percent, ppm) are by volume, unless otherwise noted. 2. Apparatus and Reagents 2.1 Gas VOC concentration. A schematic of the measurement system is shown in Figure 1. The main components are described below: 2.1.1 Dilution system. A Kipp in-stack dilution probe and controller or similar device may be used. The dilution rate may be changed by substituting different critical orifices or adjustments of the aspirator supply pressure. The dilution system shall be heated to prevent VOC condensation. Note: An out-of-stack dilution device may be used. 2.1.2 Calibration valve assembly. Three-way valve assembly at the outlet of sample probe to direct the zero and calibration gases to the analyzer. Other methods, such as quick-connect lines, to route calibration gases to the outlet of the sample probe are acceptable. 2.1.3 Sample line. Stainless steel or Teflon tubing to transport the sample gas to the analyzer. The sample line must be heated to prevent condensation. 2.1.4 Sample pump. A leak-free pump, to pull the sample gas through the system at a flow rate sufficient to minimize the response time of the measurement system. The components of the pump that contract the gas stream shall be constructed of stainless steel or Teflon. The sample pump must be heated to prevent condensation. 2.1.5 Sample flow rate control. A sample flow rate control valve and rotameter, or equivalent, to maintain a constant sampling rate within 10 percent. The flow control valve and rotameter must be heated to prevent condensation. A control valve may also be located on the sample pump bypass loop to assist in controlling the sample pressure and flow rate. 2.1.6 Sample gas manifold. Capable of diverting a portion of the sample gas stream to the flame ionization analyzer (FIA), and the remainder to the bypass discharge vent. The manifold components shall be constructed of stainless steel or Teflon. If captured or fugitive emissions are to be measured at multiple locations, the measurement system shall be designed to use separate sampling probes, lines, and pumps for each measurement location and a common sample gas manifold and FIA. The sample gas manifold and connecting lines to the FIA must be heated to prevent condensation. 2.1.7 Organic concentration analyzer. An FIA with a span value of 1.5 times the expected concentration as propane; however, other span values may be used if it can be demonstrated that they would provide more accurate measurements. The system shall be capable of meeting or exceeding the following specifications: 2.1.7.1 Zero drift. Less than ±3.0 percent of the span value. 2.1.7.2 Calibration drift. Less than ±3.0 percent of the span value. 2.1.7.3 Calibration error. Less than ±5.0 percent of the calibration gas value. 2.1.7.4 Response time. Less than 30 seconds. 2.1.7.8 Integrator/data acquisition system. An analog or digital device or computerized data acquisition system used to integrate the FIA response or compute the average response and record measurement data. The minimum data sampling frequency for computing average or integrated values is one measurement value every 5 seconds. The device shall be capable of recording average values at least once per minute. 2.1.9 Calibration and other gases. Gases used for calibration, fuel, and combustion air (if required) are contained in compressed gas cylinders. All calibration gases shall be traceable to NIST standards and shall be certified by the manufacturer to ±1 percent of the tag value. Additionally, the manufacturer of the cylinder should provide a recommended shelf life for each calibration gas cylinder over which the concentration does not change more than ±2 percent from the certified value. For calibration gas values not generally available, alternative methods for preparing calibration gas mixtures, such as dilution system, may be used with prior approval. 2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40 percent H2/60 percent N2 gas mixture is recommended to avoid an oxygen synergism effect that reportedly occurs when oxygen concentration varies signficantly from a mean value. 2.1.9.2. Carrier gas and dilution air supply. High purity air with less than 1 ppm of organic material (as propane or carbon equivalent) or less than 0.1 percent of the span value, whichever is greater. 2.1.9.3 FIA linearity calibration gases. Low-, mid-, and high-range gas mixture standards with nominal propane concentrations of 20–30, 45–55, and 70–80 percent of the span value in air, respectively. Other calibration values and other span values may be used if it can be shown that more accurate measurements would be achieved. 2.1.9.4 Dilution check gas. Gas mixture standard containing propane in air, approximately half the span value after dilution. 2.1.10 Particulate filter. An in-stack or an out-of-stack glass fiber filter is recommended if exhaust gas particulate loading is significant. An out-of-stack filter must be heated to prevent any condensation unless it can be demonstrated that no condensation occurs. 2.2 Captured emissions volumetric flow rate. 2.2.1 Method 2 or 2A apparatus. For determining volumetric flow rate. 2.2.2 Method 3 apparatus and reagents. For determining molecular weight of the gas stream. An estimate of the molecular weight of the gas stream may be used if it can be justified. 2.2.3 Method 4 apparatus and reagents. For determining moisture content, if necessary. 3. Determination of Volumetric Flow Rate of Captured Emissions 3.1 Locate all points where emissions are captured from the affected facility. Using Method 1, determine the sampling points. Be sure to check each site for cyclonic or swirling flow. 3.2 Measure the velocity at each sampling site at least once every hour during each sampling run using Method 2 or 2A. 4. Determination of VOC Content of Captured Emissions 4.1 Analysis duration. Measure the VOC responses at each captured emissions point during the entire test run or, if applicable, while the process is operating. If there are multiple captured emissions locations, design a sampling system to allow a single FIA to be used to determine the VOC responses at all sampling locations. 4.2 Gas VOC concentration. 4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the FIA according to the procedure in section 5.1. 4.2.2 Set the dilution ratio and determine the dilution factor according to the procedure in section 5.3. 4.2.3 Conduct a system check according to the procedure in section 5.4. 4.2.4 Install the sample probe so that the probe is centrally located in the stack, pipe, or duct, and is sealed tightly at the stack port connection. 4.2.5 Inject zero gas at the calibration valve assembly. Measure the system response time as the time required for the system to reach the effluent concentration after the calibration valve has been returned to the effluent sampling position. 4.2.6 Conduct a system check before and a system drift check after each sampling run according to the procedures in sections 5.2 and 5.4. If the drift check following a run indicates unacceptable performance, the run is not valid. The tester may elect to perform system drift checks during the run not to exceed one drift check per hour. 4.2.7 Verify that the sample lines, filter, and pump temperatures are 120 ±5 °C. 4.2.8 Begin sampling at the start of the test period and continue to sample during the entire run. Record the starting and ending times and any required process information as appropriate. If multiple captured emission locations are sampled using a single FIA, sample at each location for the same amount of time (e.g., 2 minutes) and continue to switch from one location to another for the entire test run. Be sure that total sampling time at each location is the same at the end of the test run. Collect at least 4 separate measurements from each sample point during each hour of testing. Disregard the measurements at each sampling location until two times the response time of the measurement system has elapsed. Continue sampling for at least 1 minute and record the concentration measurements. 4.3 Background concentration. 4.3.1 Locate all NDO's of the TTE. A sampling point shall be centrally located outside of the TTE at 4 equivalent diameters from each NDO, if possible. If there are more than 6 NDO's, choose 6 sampling points evenly spaced among the NDO's. 4.3.2 Assemble the sample train as shown in Figure 2. Calibrate the FIA and conduct a system check according to the procedures in sections 5.1 and 5.4. 4.3.3 Position the probe at the sampling location. 4.3.4 Determine the response time, conduct the system check and sample according to the procedures described in sections 4.2.4 to 4.2.8. 4.4 Alternative procedure. The direct interface sampling and analysis procedure described in section 7.2 of Method 18 may be used to determine the gas VOC concentration. The system must be designed to collect and analyze at least one sample every 10 minutes. 5. Calibration and Quality Assurance 5.1 FIA Calibration and linearity check. Make necessary adjustments to the air and fuel supplies for the FIA and ignite the burner. Allow the FIA to warm up for the period recommended by the manufacturer. Inject a calibration gas into the measurement system after the dilution system and adjust the back-pressure regulator to the value required to achieve the flow rates specified by the manufacturer. Inject the zero- and the high-range calibration gases and adjust the analyzer calibration to provide the proper responses. Inject the low- and mid-range gases and record the responses of the measurement system. The calibration and linearity of the system are acceptable if the responses for all four gases are within 5 percent of the respective gas values. If the performance of the system is not acceptable, repair or adjust the system and repeat the linearity check. Conduct a calibration and linearity check after assembling the analysis system and after a major change is made to the system. 5.2 Systems drift checks. Select the calibration gas that most closely approximates the concentration of the diluted captured emissions for conducting the drift checks. Introduce the zero and calibration gas at the calibration valve assembly and verify that the appropriate gas flow rate and pressure are present at the FIA. Record the measurement system responses to the zero and calibration gases. The performance of the system is acceptable if the difference between the drift check measurement and the value obtained in section 5.1 is less than 3 percent of the span value. Conduct the system drift check at the end of each run. 5.3 Determination of dilution factor. Inject the dilution check gas into the measurement system before the dilution system and record the response. Calculate the dilution factor using Equation 3. 5.4 System check. Inject the high range calibration gas at the inlet to the sampling probe while the dilution air is turned off. Record the response. The performance of the system is acceptable if the measurement system response is within 5 percent of the value obtained in section 5.1 for the high range calibration gas. Conduct a system check before and after each test run. 5.5 Analysis audit. Immediately before each test analyze an audit cylinder as described in section 5.2. The analysis audit must agree with the audit cylinder concentration within 10 percent. 6. Nomenclature Ai=area of NDO i, ft 2 . AN=total area of all NDO's in the enclosure, ft 2 . CA=actual concentration of the dilution check gas, ppm propane. CBi=corrected average VOC concentration of background emissions at point i, ppm propane. CB=average background concentration, ppm propane. CDH=average measured concentration for the drift check calibration gas, ppm propane. CDO=average system drift check concentration for zero concentration gas, ppm propane. CH=actual concentration of the drift check calibration, gas, ppm propane. Ci=uncorrected average background VOC concentration measured at point i, ppm propane. Cj=uncorrected average VOC concentration measured at point j, ppm propane. CM=measured concentration of the dilution check gas, ppm propane. DF=dilution factor. G=total VOC content of captured emissions, kg. K1=1.830 × 10-6 kg/(m 3 -ppm). n=number of measurement points. QGj=average effluent volumetric flow rate corrected to standard conditions at captured emissions point j, m 3 /min. TC=total duration of capture efficiency sampling run, min. 7. Calculations 7.1 Total VOC captured emissions. 7.2 VOC concentration of the captured emissions to point j. 7.3 Dilution factor. 7.4 Background VOC concentration at point i. 7.5 Average background concentration. Note: If the concentration at each point is within 20 percent of the average concentration of all points, the terms “Ai” and “AN” may be deleted from Equation 4. View or download PDF View or download PDF Procedure F.2—Fugitive VOC Emissions from Building Enclosures 1. Introduction 1.1 Applicability. This procedure is applicable for determining the fugitive volatile organic compounds (VOC) emissions from a building enclosure (BE). It is intended to be used as a segment in the development of liquid/gas or gas/gas protocols for determining VOC capture efficiency (CE) for surface coating and printing operations. 1.2 Principle. The total amount of fugitive VOC emissions (FB) from the BE is calculated as the sum of the products of the VOC content (CFj) of each fugitive emissions point, its flow rate (QFj), and time (TF). 1.3 Measurement uncertainty. The measurement uncertainties are estimated for each fugitive emissions point as follows: QFj=±5.0 percent and CFj=±5.0 percent. Based on these numbers, the probable uncertainty for FB is estimated at about ±11.2 percent. 1.4 Sampling requirements. A capture efficiency test shall consist of at least three sampling runs. The sampling time for each run should be at least 8 hours, unless otherwise approved. 1.5 Notes. Because this procedure is often applied in highly explosive areas, caution and care should be exercised in choosing appropriate equipment and installing and using the equipment. Mention of trade names or company products does not constitute endorsement. All gas concentrations (percent, ppm) are by volume, unless otherwise noted. 2. Apparatus and Reagents 2.1 Gas VOC concentration. A schematic of the measurement system is shown in Figure 1. The main components are described below: 2.1.1 Sample probe. Stainless steel, or equivalent. The probe shall be heated to prevent VOC condensation. 2.1.2 Calibration valve assembly. Three-way valve assembly at the outlet of sample probe to direct the zero and calibration gases to the analyzer. Other methods, such as quick-connect lines, to route calibration gases to the outlet of the sample probe are acceptable. 2.1.3 Sample line. Stainless steel or Teflon tubing to transport the sample gas to the analyzer. The sample line must be heated to prevent condensation. 2.1.4 Sample pump. A leak-free pump, to pull the sample gas through the system at a flow rate sufficient to minimize the response time of the measurement system. The components of the pump that contact the gas stream shall be constructed of staimust be heated to prevent condensation. 2.1.5 Sample flow rate control. A sample flow rate control valve and rotameter, or equivalent, to maintain a constant sampling rate within 10 percent. The flow rate control valve and rotameter must be heated to prevent condensation. A control valve may also be located on the sample pump bypass loop to assist in controlling the sample pressure and flow rate. 2.1.6 Sample gas manifold. Capable of diverting a portion of the sample gas stream to the flame ionization analyzer (FIA), and the remainder to the bypass discharge vent. The manifold components shall be constructed of stainless steel or Teflon. If emissions are to be measured at multiple locations, the measurement system shall be designed to use separate sampling probes, lines, and pumps for each measurement location and a common sample gas manifold and FIA. The sample gas manifold must be heated to prevent condensation. 2.1.7 Organic Concentration Analyzer. An FIA with a span value of 1.5 times the expected concentration as propane; however, other span values may be used if it can be demonstrated that they would provide more accurate measurements. The system shall be capable or exceeding the following specifications: 2.1.7.1 Zero drift. Less than ±3.0 percent of the span value. 2.1.7.2 Calibration drift. Less than ±3.0 percent of the span value. 2.1.7.3 Calibration error. Less than ±5.0 percent of the calibration gas value. 2.1.7.4 Response time. Less than 30 seconds. 2.1.8 Integrator/data acquisition system. An analog or digital device or computerized data acquisition system used to integrate the FIA response or compute the average response and record measurement data. The minimum data sampling frequency for computing average or integrated values is one measurement value every 5 seconds. The device shall be capable of recording average values at least once per minute. 2.1.9 Calibration and other gases. Gases used for calibration, fuel, and combustion air (if required) are contained in compressed gas cylinders. All calibration gases shall be traceable to NIST standards and shall be certified by the manufacturer to ±1 percent of the tag value. Additionally, the manufacturer of the cylinder should provide a recommended shelf life for each calibration gas cylinder over which the concentration does not change more than ±2 percent from the certified value. For calibration gas values not generally available, alternative methods for preparing calibration gas mixtures, such as dilution systems, may be used with prior approval. 2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40 percent H2/60 percent N2 gas mixture is recommended to avoid an oxygen synergism effect that reportedly occurs when oxygen concentration varies significantly from a mean value. 2.1.9.2 Carrier gas. High purity air with less than 1 ppm of organic material (propane or carbon equivalent) or less than 0.1 percent of the span value, whichever is greater. 2.1.9.3 FIA linearity calibration gases. Low-, mid-, and high-range gas mixture standards with nominal propane concentrations of 20–30, 45–55, and 70–80 percent of the span value in air, respectively. Other calibration values and other span values may be used if it can be shown that more accurate measurements would be achieved. 2.1.10 Particulate filter. An in-stack or an out-of-stack glass fiber filter is recommended if exhaust gas particulate loading is significant. An out-of-stack filter must be heated to prevent any condensation unless it can be demonstrated that no condensation occurs. 2.2 Fugitive emissions volumetric flow rate. 2.2.1 Flow direction indicators. Any means of indicating inward or outward flow, such as light plastic film or paper streamers, smoke tubes, filaments, and sensory perception. 2.2.2 Method 2 or 2A apparatus. For determining volumetric flow rate. Anemometers or similar devices calibrated according to the manufacturer's instructions may be used when low velocities are present. Vane anemometers (Young-maximum response propeller), specialized pitots with electronic manometers (e.g., Shortridge Instruments Inc., Airdata Multimeter 860) are commercially available with measurement thresholds of 15 and 8 mpm (50 and 25 fpm), respectively. 2.2.3 Method 3 apparatus and reagents. For determining molecular weight of the gas stream. An estimate of the molecular weight of the gas stream may be used if it can be justified. 2.2.4 Method 4 apparatus and reagents. For determining moisture content, if necessary. 3. Determination of Volumetric Flow Rate of Fugitive Emissions 3.1 Preliminary determinations. The purpose of this exercise is to determine which exhaust points should be measured for volumetric flow rates and VOC concentrations. 3.1.1 Forced draft openings. Identify all forced draft openings. Determine the volumetric flow rate according to Method 2. 3.1.2 NDO's exhaust points. The NDO's in the roof of a facility are considered to be exhaust points. Determine volumetric flow rate from these NDO's. Divide the cross-sectional area according to Method 1 using 12 equal areas. Use the appropriate velocity measurement devices, e.g., propeller anemometers. 3.1.3 Other NDO's. 3.1.3.1 This step is optional. Determine the exhaust flow rate, including that of the control device, from the enclosure and the intake air flow rate. If the exhaust flow rate divided by the intake air flow rate is greater than 1.1, then all other NDO's are not considered to be significant exhaust points. 3.1.3.2 If the option above is not taken, identify all other NDO's and other potential points through which fugitive emissions may escape the enclosure. Then use the following criteria to determine whether flow rates and VOC concentrations need to be measured: 3.1.3.2.1 Using the appropriate flow direction indicator, determine the flow direction. An NDO with zero or inward flow is not an exhaust point. 3.1.3.2.2 Measure the outward volumetric flow rate from the remainder of the NDO's. If the collective flow rate is 2 percent, or less, of the flow rate from sections 3.1.1 and 3.1.2, then these NDO's, except those within two equivalent diameters (based on NDO opening) from VOC sources, may be considered to be non-exhaust points. 3.1.3.2.3 If the percentage calculated in section 3.1.3.2.2 is greater than 2 percent, those NDO's (except those within two equivalent diameters from VOC sources) whose volumetric flow rate totals 2 percent of the flow rate from sections 3.1.1 and 3.1.2 may be considered as non-exhaust points. All remaining NDO's shall be measured for volumetric flow rate and VOC concentrations during the CE test. 3.1.3.2.4 The tester may choose to measure VOC concentrations at the forced exhaust points and the NDO's. If the total VOC emissions from the NDO's are less than 2 percent of the emissions from the forced draft and roof NDO's, then these NDO's may be eliminated from further consideration. 3.2 Determination of flow rates. 3.2.1 Measure the volumetric flow rate at all locations identified as exhaust points in section 3.1. Divide each exhaust opening into 9 equal areas for rectangular openings and 8 for circular openings. 3.2.2 Measure the velocity at each site at least once every hour during each sampling run using Method 2 or 2A, if applicable, or using the low velocity instruments in section 2.2.2. 4. Determination of VOC Content of Fugitive Emissions 4.1 Analysis duration. Measure the VOC responses at each fugitive emission point during the entire test run or, if applicable, while the process is operating. If there are multiple emissions locations, design a sampling system to allow a single FIA to be used to determine the VOC responses at all sampling locations. 4.2 Gas VOC concentration. 4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the FIA and conduct a system check according to the procedures in sections 5.1 and 5.3, respectively. 4.2.2 Install the sample probe so that the probe is centrally located in the stack, pipe, or duct, and is sealed tightly at the stack port connection. 4.2.3 Inject zero gas at the calibration valve assembly. Allow the measurement system response to reach zero. Measure the system response time as the time required for the system to reach the effluent concentration after the calibration valve has been returned to the effluent sampling position. 4.2.4 Conduct a system check before and a system drift check after each sampling run according to the procedures in sections 5.2 and 5.3. If the drift check following a run indicates unacceptable performance, the run is not valid. The tester may elect to perform drift checks during the run not to exceed one drift check per hour. 4.2.5 Verify that the sample lines, filter, and pump temperatures are 120 ±5 °C. 4.2.6 Begin sampling at the start of the test period and continue to sample during the entire run. Record the starting and ending times and any required process information as appropriate. If multiple emission locations are sampled using a single FIA, sample at each location for the same amount of time (e.g., 2 minutes) and continue to switch from one location to another for the entire test run. Be sure that total sampling time at each location is the same at the end of the test run. Collect at least 4 separate measurements from each sample point during each hour of testing. Disregard the response measurements at each sampling location until two times the response time of the measurement system has elapsed. Continue sampling for at least 1 minute and record the concentration measurements. 4.3 Alternative procedure. The direct interface sampling and analysis procedure described in section 7.2 of Method 18 may be used to determine the gas VOC concentration. The system must be designed to collect and analyze at least one sample every 10 minutes. 5. Calibration and Quality Assurance 5.1 FIA calibration and linearity check. Make necessary adjustments to the air and fuel supplies for the FIA and ignite the burner. Allow the FIA to warm up for the period recommended by the manufacturer. Inject a calibration gas into the measurement system and adjust the back-pressure regulator to the value required to achieve the flow rates specified by the manufacturer. Inject the zero- and the high-range calibration gases and adjust the analyzer calibration to provide the proper responses. Inject the low- and mid-range gases and record the responses of the measurement system. The calibration and linearity of the system are acceptable if the responses for all four gases are within 5 percent of the respective gas values. If the performance of the system is not acceptable, repair or adjust the system and repeat the linearity check. Conduct a calibration and linearity check after assembling the analysis system and after a major change is made to the system. 5.2 Systems drift checks. Select the calibration gas that most closely approximates the concentration of the captured emissions for conducting the drift checks. Introduce the zero and calibration gas at the calibration valve assembly and verify that the appropriate gas flow rate and pressure are present at the FIA. Record the measurement system responses to the zero and calibration gases. The performance of the system is acceptable if the difference between the drift check measurement and the value obtained in section 5.1 is less than 3 percent of the span value. Conduct a system drift check at the end of each run. 5.3 System check. Inject the high range calibration gas at the inlet of the sampling probe and record the response. The performance of the system is acceptable if the measurement system response is within 5 percent of the value obtained in section 5.1 for the high range calibration gas. Conduct a system check before each test run. 5.4 Analysis audit. Immediately before each test analyze an audit cylinder as described in section 5.2. The analysis audit must agree with the audit cylinder concentration within 10 percent. 6. Nomenclature CDH=average measured concentration for the drift check calibration gas, ppm propane. CDO=average system drift check concentration for zero concentration gas, ppm propane. CFj=corrected average VOC concentration of fugitive emissions at point j, ppm propane. CH=actual concentration of the drift check calibration gas, ppm propane. Cj=uncorrected average VOC concentration measured at point j, ppm propane. FB=total VOC content of fugitive emissions from the building, kg. K1=1.830×10-6 kg/(m 3 -ppm). n=number of measurement points. QFj=average effluent volumetric flow rate corrected to standard conditions at fugitive emissions point j, m 3 /min. TF=total duration of capture efficiency sampling run, min. 7. Calculations 7.1 Total VOC fugitive emissions from the building. 7.2 VOC concentration of the fugitive emissions at point j. View or download PDF Procedure F.1—Fugitive VOC Emissions From Temporary Enclosures 1. Introduction 1.1 Applicability. This procedure is applicable for determining the fugitive volatile organic compounds (VOC) emissions from a temporary total enclosure (TTE). It is intended to be used as a segment in the development of liquid/gas or gas/gas protocols for determining VOC capture efficiency (CE) for surface coating and printing operations. 1.2 Principle. The amount of fugitive VOC emissions (F) from the TTE is calculated as the sum of the products of the VOC content (CFj), the flow rate (QFj), and the sampling time (TF) from each fugitive emissions point. 1.3 Estimated measurement uncertainty. The measurement uncertainties are estimated for each fugitive emission point as follows: Q=±5.5 percent and CFj=±5.0 percent. Based on these numbers, the probable uncertainty for F is estimated at about ±7.4 percent. 1.4 Sampling requirements. A capture efficiency test shall consist of at least three sampling runs. The sampling time for each run should be at least 8 hours, unless otherwise approved. 1.5 Notes. Because this procedure is often applied in highly explosive areas, caution and care should be exercised in choosing appropriate equipment and installing and using the equipment. Mention of trade names or company products does not constitute endorsement. All gas concentrations (percent, ppm) are by volume, unless otherwise noted. 2. Apparatus and Reagents 2.1 Gas VOC concentration. A schematic of the measurement system is shown in Figure 1. The main components are described below: 2.1.1 Sample probe. Stainless steel, or equivalent. The probe shall be heated to prevent VOC condensation. 2.1.2 Calibration valve assembly. Three-way valve assembly at the outlet of sample probe to direct the zero and calibration gases to the analyzer. Other methods, such as quick-connect lines, to route calibration gases to the outlet of the sample probe are acceptable. 2.1.3 Sample line. Stainless steel or Teflon tubing to transport the sample gas to the analyzer. The sample line must be heated to prevent condensation. 2.1.4 Sample pump. A leak-free pump, to pull the sample gas through the system at a flow rate sufficient to minimize the response time of the measurement system. The components of the pump that contact the gas stream shall be constructed of stainless steel or Teflon. The sample pump must be heated to prevent condensation. 2.1.5 Sample flow rate control. A sample flow rate control valve and rotameter, or equivalent, to maintain a constant sampling rate within 10 percent. The flow control valve and rotameter must be heated to prevent condensation. A control valve may also be located on the sample pump bypass loop to assist in controlling the sample pressure and flow rate. 2.1.6 Sample gas manifold. Capable of diverting a portion of the sample gas stream to the flame ionization analyzer (FIA), and the remainder to the bypass discharge vent. The manifold components shall be constructed of stainless steel or Teflon. If emissions are to be measured at multiple locations, the measurement system shall be designed to use separate sampling probes, lines, and pumps for each measurement location and a common sample gas manifold and FIA. The sample gas manifold and connecting lines to the FIA must be heated to prevent condensation. 2.1.7 Organic concentration analzyer. An FIA with a span value of 1.5 times the expected concentration as propane; however, other span values may be used if it can be demonstrated that they would provide more accurate measurements. The system shall be capable of meeting or exceeding the following specifications: 2.1.7.1 Zero drift. Less than ±3.0 percent of the span value. 2.1.7.2 Calibration drift. Less than ±3.0 percent of the span value. 2.1.7.3 Calibration error. Less than ±5.0 percent of the calibration gas value. 2.1.7.4 Response time. Less than 30 seconds. 2.1.8 Integrator/data acquisition system. An analog or digital device or computerized data acquisition system used to integrate the FIA response or compute the average response and record measurement data. The minimum data sampling frequency for computing average or integrated values is one measurement value every 5 seconds. The device shall be capable of recording average values at least once per minute. 2.1.9 Calibration and other gases. Gases used for calibration, fuel, and combustion air (if required) are contained in compressed gas cylinders. All calibration gases shall be traceable to NIST standards and shall be certified by the manufacturer to ±1 percent of the tag value. Additionally, the manufacturer of the cylinder should provide a recommended shelf life for each calibration gas cylinder over which the concentration does not change more than ±2 percent from the certified value. For calibration gas values not generally available, alternative methods for preparing calibration gas mixtures, such as dilution systems, may be used with prior approval. 2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40 percent H2/60 percent N2 gas mixture is recommended to avoid an oxygen synergism effect that reportedly occurs when oxygen concentration varies significantly from a mean value. 2.1.9.2 Carrier gas. High purity air with less than 1 ppm of organic material (as propane or carbon equivalent) or less than 0.1 percent of the span value, whichever is greater. 2.1.9.3 FIA linearity calibration gases. Low-, mid-, and high-range gas mixture standards with nominal propane concentrations of 20–30, 45–55, and 70–80 percent of the span value in air, respectively. Other calibration values and other span values may be used if it can be shown that more accurate measurements would be achieved. 2.1.10 Particulate filter. An in-stack or an out-of-stack glass fiber filter is recommended if exhaust gas particulate loading is significant. An out-of-stack filter must be heated to prevent any condensation unless it can be demonstrated that no condensation occurs. 2.2 Fugitive emissions volumetric flow rate. 2.2.1 Method 2 or 2A apparatus. For determining volumetric flow rate. 2.2.2 Method 3 apparatus and reagents. For determining molecular weight of the gas stream. An estimate of the molecular weight of the gas stream may be used if it can be justified. 2.2.3 Method 4 apparatus and reagents. For determining moisture content, if necessary. 2.3 Temporary total enclosure. The criteria for designing a TTE are discussed in Procedure T. 3. Determination of Volumetric Flow Rate of Fugitive Emissions 3.1 Locate all points where emissions are exhausted from the TTE. Using Method 1, determine the sampling points. Be sure to check each site for cyclonic or swirling flow. 3.2 Measure the velocity at each sampling site at least once every hour during each sampling run using Method 2 or 2A. 4. Determination of VOC Content of Fugitive Emissions 4.1 Analysis duration. Measure the VOC responses at each fugitive emission point during the entire test run or, if applicable, while the process is operating. If there are multiple emission locations, design a sampling system to allow a single FIA to be used to determine the VOC responses at all sampling locations. 4.2 Gas VOC concentration. 4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the FIA and conduct a system check according to the procedures in sections 5.1 and 5.3, respectively. 4.2.2 Install the sample probe so that the probe is centrally located in the stack, pipe, or duct, and is sealed tightly at the stack port connection. 4.2.3 Inject zero gas at the calibration valve assembly. Allow the measurement system response to reach zero. Measure the system response time as the time required for the system to reach the effluent concentration after the calibration valve has been returned to the effluent sampling position. 4.2.4 Conduct a system check before and a system drift check after each sampling run according to the procedures in sections 5.2 and 5.3. If the drift check following a run indicates unacceptable performance, the run is not valid. The tester may elect to perform system drift checks during the run not to exceed one drift check per hour. 4.2.5 Verify that the sample lines, filter, and pump temperatures are 120 ±5 °C. 4.2.6 Begin sampling at the start of the test period and continue to sample during the entire run. Record the starting and ending times and any required process information as appropriate. If multiple emission locations are sampled using a single FIA, sample at each location for the same amount of time (e.g., 2 minutes) and continue to switch from one location to another for the entire test run. Be sure that total sampling time at each location is the same at the end of the test run. Collect at least 4 separate measurements from each sample point during each hour of testing. Disregard the response measurements at each sampling location until two times the response time of the measurement system has elapsed. Continue sampling for at least 1 minute and record the concentration measurements. 4.3 Background concentration. 4.3.1 Determination of VOC background concentration. 4.3.1.1 Locate all NDO's of the TTE. A sampling point shall be centrally located outside of the TTE at 4 equivalent diameters from each NDO, if possible. If there are more than 6 NDO's, choose 6 sampling points evenly spaced among the NDO's. 4.3.1.2 Assemble the sample train as shown in Figure 2. Calibrate the FIA and conduct a system check according to the procedures in sections 5.1 and 5.3. 4.3.1.3 Position the probe at the sampling location. 4.3.1.4 Determine the response time, conduct the system check and sample according to the procedures described in sections 4.2.3 to 4.2.6. 4.4 Alternative procedure. The direct interface sampling and analysis procedure described in section 7.2 of Method 18 may be used to determine the gas VOC concentration. The system must be designed to collect and analyze at least one sample every 10 minutes. 5. Calibration and Quality Assurance 5.1 FIA calibration and linearity check. Make necessary adjustments to the air and fuel supplies for the FIA and ignite the burner. Allow the FIA to warm up for the period recommended by the manufacturer. Inject a calibration gas into the measurement system and adjust the back-pressure regulator to the value required to achieve the flow rates specified by the manufacturer. Inject the zero- and the high-range calibration gases and adjust the analyzer calibration to provide the proper responses. Inject the low- and mid-range gases and record the responses of the measurement system. The calibration and linearity of the system are acceptable if the responses for all four gases are within 5 percent of the respective gas values. If the performance of the system is not acceptable, repair or adjust the system and repeat the linearity check. Conduct a calibration and linearity check after assembling the analysis system and after a major change is made to the system. 5.2 Systems drift checks. Select the calibration gas concentration that most closely approximates that of the fugitive gas emissions to conduct the drift checks. Introduce the zero and calibration gas at the calibration valve assembly and verify that the appropriate gas flow rate and pressure are present at the FIA. Record the measurement system responses to the zero and calibration gases. The performance of the system is acceptable if the difference between the drift check measurement and the value obtained in section 5.1 is less than 3 percent of the span value. Conduct a system drift check at the end of each run. 5.3 System check. Inject the high range calibration gas at the inlet of the sampling probe and record the response. The performance of the system is acceptable if the measurement system response is within 5 percent of the value obtained in section 5.1 for the high range calibration gas. Conduct a system check before each test run. 5.4 Analysis audit. Immediately before each test analyze an audit cylinder as described in section 5.2. The analysis audit must agree with the audit cylinder concentration within 10 percent. 6. Nomenclature Ai=area of NDO i, ft 2 . AN=total area of all NDO's in the enclosure, ft 2 . CBi=corrected average VOC concentration of background emissions at point i, ppm propane. CB=average background concentration, ppm propane. CDH=average measured concentration for the drift check calibration gas, ppm propane. CDO=average system drift check concentration for zero concentration gas, ppm propane. CFj=corrected average VOC concentration of fugitive emissions at point j, ppm propane. CH=actual concentration of the drift check calibration gas, ppm propane. Ci=uncorrected average background VOC concentration at point i, ppm propane. Cj=uncorrected average VOC concentration measured at point j, ppm propane. F=total VOC content of fugitive emissions, kg. K1=1.830×10-6 kg/(m 3 -ppm). n=number of measurement points. QFj=average effluent volumetric flow rate corrected to standard conditions at fugitive emissions point j, m 3 /min. TF=total duration of fugitive emissions sampling run, min. 7. Calculations 7.1 Total VOC fugitive emissions. 7.2 VOC concentration of the fugitive emissions at point j. 7.3 Background VOC concentration at point i. 7.4 Average background concentration. Note: If the concentration at each point is within 20 percent of the average concentration of all points, the terms “Ai” and “AN” may be deleted from Equation 4. View or download PDF View or download PDF Procedure L—VOC Input 1. Introduction 1.1 Applicability. This procedure is applicable for determining the input of volatile organic compounds (VOC). It is intended to be used as a segment in the development of liquid/gas protocols for determining VOC capture efficiency (CE) for surface coating and printing operations. 1.2 Principle. The amount of VOC introduced to the process (L) is the sum of the products of the weight (W) of each VOC containing liquid (ink, paint, solvent, etc.) used and its VOC content (V). A sample of each VOC containing liquid is analyzed with a flame ionization analyzer (FIA) to determine V. 1.3 Estimated measurement uncertainty. The measurement uncertainties are estimated for each VOC containing liquid as follows: W=±2.0 percent and V=±12.0 percent. Based on these numbers, the probable uncertainty for L is estimated at about ±12.2 percent for each VOC containing liquid. 1.4 Sampling requirements. A capture efficiency test shall consist of at least three sampling runs. The sampling time for each run should be at least 8 hours, unless otherwise approved. 1.5 Notes. Because this procedure is often applied in highly explosive areas, caution and care should be exercised in choosing appropriate equipment and installing and using the equipment. Mention of trade names or company products does not constitute endorsement. All gas concentrations (percent, ppm) are by volume, unless otherwise noted. 2. Apparatus and Reagents 2.1 Liquid weight. 2.1.1 Balances/digital scales. To weigh drums of VOC containing liquids to within 0.2 lb. 2.1.2 Volume measurement apparatus (alternative). Volume meters, flow meters, density measurement equipment, etc., as needed to achieve same accuracy as direct weight measurements. 2.2 VOC content (flame ionization analyzer technique). The liquid sample analysis system is shown in Figures 1 and 2. The following equipment is required: 2.2.1 Sample collection can. An appropriately sized metal can to be used to collect VOC containing materials. The can must be constructed in such a way that it can be grounded to the coating container. 2.2.2 Needle valves. To control gas flow. 2.2.3 Regulators. For carrier gas and calibration gas cylinders. 2.2.4 Tubing. Teflon or stainless steel tubing with diameters and lengths determined by connection requirements of equipment. The tubing between the sample oven outlet and the FIA shall be heated to maintain a temperature of 120 ±5 °C. 2.2.5 Atmospheric vent. A tee and 0- to 0.5-liter/min rotameter placed in the sampling line between the carrier gas cylinder and the VOC sample vessel to release the excess carrier gas. A toggle valve placed between the tee and the rotameter facilitates leak tests of the analysis system. 2.2.6 Thermometer. Capable of measuring the temperature of the hot water bath to within 1 °C. 2.2.7 Sample oven. Heated enclosure, containing calibration gas coil heaters, critical orifice, aspirator, and other liquid sample analysis components, capable of maintaining a temperature of 120 ±5 °C. 2.2.8 Gas coil heaters. Sufficient lengths of stainless steel or Teflon tubing to allow zero and calibration gases to be heated to the sample oven temperature before entering the critical orifice or aspirator. 2.2.9 Water bath. Capable of heating and maintaining a sample vessel temperature of 100 ±5 °C. 2.2.10 Analytical balance. To measure ±0.001 g. 2.2.11 Disposable syringes. 2-cc or 5-cc. 2.2.12 Sample vessel. Glass, 40-ml septum vial. A separate vessel is needed for each sample. 2.2.13 Rubber stopper. Two-hole stopper to accommodate 3.2-mm ( 1/8-in.) Teflon tubing, appropriately sized to fit the opening of the sample vessel. The rubber stopper should be wrapped in Teflon tape to provide a tighter seal and to prevent any reaction of the sample with the rubber stopper. Alternatively, any leak-free closure fabricated of non-reactive materials and accommodating the necessary tubing fittings may be used. 2.2.14 Critical orifices. Calibrated critical orifices capable of providing constant flow rates from 50 to 250 ml/min at known pressure drops. Sapphire orifice assemblies (available from O'Keefe Controls Company) and glass capillary tubing have been found to be adequate for this application. 2.2.15 Vacuum gauge. 0 -to 760-mm (0- to 30-in.) Hg U-Tube manometer or vacuum gauge. 2.2.16 Pressure gauge. Bourdon gauge capable of measuring the maximum air pressure at the aspirator inlet (e.g., 100 psig). 2.2.17 Aspirator. A device capable of generating sufficient vacuum at the sample vessel to create critical flow through the calibrated orifice when sufficient air pressure is present at the aspirator inlet. The aspirator must also provide sufficient sample pressure to operate the FIA. The sample is also mixed with the dilution gas within the aspirator. 2.2.18 Soap bubble meter. Of an appropriate size to calibrate the critical orifices in the system. 2.2.19 Organic concentration analyzer. An FIA with a span value of 1.5 times the expected concentration as propane; however other span values may be used if it can be demonstrated that they would provide more accurate measurements. The system shall be capable of meeting or exceeding the following specifications: 2.2.19.1 Zero drift. Less than ±3.0 percent of the span value. 2.2.19.2 Calibration drift. Less than ±3.0 percent of span value. 2.2.19.3 Calibration error. Less than ±5.0 percent of the calibration gas value. 2.2.20 Integrator/data acquisition system. An analog or digital device or computerized data acquisition system used to integrate the FIA response or compute the average response and record measurement data. The minimum data sampling frequency for computing average or integrated values is one measurement value every 5 seconds. The device shall be capable of recording average values at least once per minute. 2.2.21 Chart recorder (optional). A chart recorder or similar device is recommended to provide a continuous analog display of the measurement results during the liquid sample analysis. 2.2.22 Calibration and other gases. For calibration, fuel, and combustion air (if required) contained in compressed gas cylinders. All calibration gases shall be traceable to NIST standards and shall be certified by the manufacturer to ±1 percent of the tag value. Additionally, the manufacturer of the cylinder should provide a recommended shelf life for each calibration gas cylinder over which the concentration does not change more than ±2 percent from the certified value. For calibration gas values not generally available, alternative methods for preparing calibration gas mixtures, such as dilution systems, may be used with prior approval. 2.2.22.1 Fuel. A 40 percent H2/60 percent He or 40 percent H2/60 percent N2 gas mixture is recommended to avoid an oxygen synergism effect that reportedly occurs when oxygen concentration varies significantly from a mean value. 2.2.22.2 Carrier gas. High purity air with less than 1 ppm of organic material (as propane) or less than 0.1 percent of the span value, whichever is greater. 2.2.22.3 FIA linearity calibration gases. Low-, mid-, and high-range gas mixture standards with nominal propane concentrations of 20–30, 45–55, and 70–80 percent of the span value in air, respectively. Other calibration values and other span values may be used if it can be shown that more accurate measurements would be achieved. 2.2.22.4 System calibration gas. Gas mixture standard containing propane in air, approximately the undiluted VOC concentration expected for the liquid samples. 3. Determination of Liquid Input Weight 3.1 Weight difference. Determine the amount of material introduced to the process as the weight difference of the feed material before and after each sampling run. In determining the total VOC containing liquid usage, account for: (a) The initial (beginning) VOC containing liquid mixture; (b) any solvent added during the test run; (c) any coating added during the test run; and (d) any residual VOC containing liquid mixture remaining at the end of the sample run. 3.1.1 Identify all points where VOC containing liquids are introduced to the process. To obtain an accurate measurement of VOC containing liquids, start with an empty fountain (if applicable). After completing the run, drain the liquid in the fountain back into the liquid drum (if possible), and weigh the drum again. Weigh the VOC containing liquids to ±0.5 percent of the total weight (full) or ±0.1 percent of the total weight of VOC containing liquid used during the sample run, whichever is less. If the residual liquid cannot be returned to the drum, drain the fountain into a preweighted empty drum to determine the final weight of the liquid. 3.1.2 If it is not possible to measure a single representative mixture, than weigh the various components separately (e.g., if solvent is added during the sampling run, weigh the solvent before it is added to the mixture). If a fress drum of VOC containing liquid is needed during the run, then weigh both the empty drum and fresh drum. 3.2 Volume measurement (alternative). If direct weight measurements are not feasible, the tester may use volume meters and flow rate meters (and density measurements) to determine the weight of liquids used if it can be demonstrated that the technique produces results equivalent to the direct weight measurements. If a single representative mixture cannot be measured, measure the components separately. 4. Determination of VOC Content in Input Liquids 4.1 Collection of liquid samples. 4.1.1 Collect a 100-ml or larger sample of the VOC containing liquid mixture at each application location at the beginning and end of each test run. A separate sample should be taken of each VOC containing liquid added to the application mixture during the test run. If a fresh drum is needed during the sampling run, then obtain a sample from the fresh drum. 4.1.2 When collecting the sample, ground the sample container to the coating drum. Fill the sample container as close to the rim as possible to minimize the amount of headspace. 4.1.3 After the sample is collected, seal the container so the sample cannot leak out or evaporate. 4.1.4 Label the container to identify clearly the contents. 4.2 Liquid sample VOC content. 4.2.1 Assemble the liquid VOC content analysis system as shown in Figure 1. 4.2.2 Permanently identify all of the critical orifices that may be used. Calibrate each critical orifice under the expected operating conditions (i.e., sample vacuum and temperature) against a volume meter as described in section 5.3. 4.2.3 Label and tare the sample vessels (including the stoppers and caps) and the syringes. 4.2.4 Install an empty sample vessel and perform a leak test of the system. Close the carrier gas valve and atmospheric vent and evacuate the sample vessel to 250 mm (10 in.) Hg absolute or less using the aspirator. Close the toggle valve at the inlet to the aspirator and observe the vacuum for at least one minute. If there is any change in the sample pressure, release the vacuum, adjust or repair the apparatus as necessary and repeat the leak test. 4.2.5 Perform the analyzer calibration and linearity checks according to the procedure in section 5.1. Record the responses to each of the calibration gases and the back-pressure setting of the FIA. 4.2.6 Establish the appropriate dilution ratio by adjusting the aspirator air supply or substituting critical orifices. Operate the aspirator at a vacuum of at least 25 mm (1 in.) Hg greater than the vacuum necessary to achieve critical flow. Select the dilution ratio so that the maximum response of the FIA to the sample does not exceed the high-range calibration gas. 4.2.7 Perform system calibration checks at two levels by introducing compressed gases at the inlet to the sample vessel while the aspirator and dilution devices are operating. Perform these checks using the carrier gas (zero concentration) and the system calibration gas. If the response to the carrier gas exceeds ±0.5 percent of span, clean or repair the apparatus and repeat the check. Adjust the dilution ratio as necessary to achieve the correct response to the upscale check, but do not adjust the analyzer calibration. Record the identification of the orifice, aspirator air supply pressure, FIA back-pressure, and the responses of the FIA to the carrier and system calibration gases. 4.2.8 After completing the above checks, inject the system calibration gas for approximately 10 minutes. Time the exact duration of the gas injection using a stopwatch. Determine the area under the FIA response curve and calculate the system response factor based on the sample gas flow rate, gas concentration, and the duration of the injection as compared to the integrated response using Equations 2 and 3. 4.2.9 Verify that the sample oven and sample line temperatures are 120 ±5 °C and that the water bath temperature is 100 ±5 °C. 4.2.10 Fill a tared syringe with approximately 1 g of the VOC containing liquid and weigh it. Transfer the liquid to a tared sample vessel. Plug the sample vessel to minimize sample loss. Weigh the sample vessel containing the liquid to determine the amount of sample actually received. Also, as a quality control check, weigh the empty syringe to determine the amount of material delivered. The two coating sample weights should agree within ±0.02 g. If not, repeat the procedure until an acceptable sample is obtained. 4.2.11 Connect the vessel to the analysis system. Adjust the aspirator supply pressure to the correct value. Open the valve on the carrier gas supply to the sample vessel and adjust it to provide a slight excess flow to the atmospheric vent. As soon as the initial response of the FIA begins to decrease, immerse the sample vessel in the water bath. (Applying heat to the sample vessel too soon may cause the FID response to exceed the calibrated range of the instrument, and thus invalidate the analysis.) 4.2.12 Continuously measure and record the response of the FIA until all of the volatile material has been evaporated from the sample and the instrument response has returned to the baseline (i.e., response less than 0.5 percent of the span value). Observe the aspirator supply pressure, FIA back-pressure, atmospheric vent, and other system operating parameters during the run; repeat the analysis procedure if any of these parameters deviate from the values established during the system calibration checks in Section 4.2.7. After each sample perform the drift check described in Section 5.2. If the drift check results are acceptable, calculate the VOC content of the sample using the equations in Section 7. Integrate the area under the FIA response curve, or determine the average concentration response and the duration of sample analysis. 5. Calibration and Quality Assurance 5.1 FIA calibration and linearity check. Make necessary adjustments to the air and fuel supplies for the FIA and ignite the burner. Allow the FIA to warm up for the period recommended by the manufacturer. Inject a calibration gas into the measurement system and adjust the back-pressure regulator to the value required to achieve the flow rates specified by the manufacturer. Inject the zero- and the high-range calibration gases and adjust the analyzer calibration to provide the proper responses. Inject the low- and mid-range gases and record the responses of the measurement system. The calibration and linearity of the system are acceptable if the responses for all four gases are within 5 percent of the respective gas values. If the performance of the system is not acceptable, repair or adjust the system and repeat the linearity check. Conduct a calibration and linearity check after assembling the analysis system and after a major change is made to the system. 5.2 Systems drift checks. After each sample, repeat the system calibration checks in Section 4.2.7 before any adjustments to the FIA or measurement system are made. If the zero or calibration drift exceeds ±3 percent of the span value, discard the result and repeat the analysis. 5.3 Critical orifice calibration. 5.3.1 Each critical orifice must be calibrated at the specific operating conditions that it will be used. Therefore, assemble all components of the liquid sample analysis system as shown in Figure 3. A stopwatch is also required. 5.3.2 Turn on the sample oven, sample line, and water bath heaters and allow the system to reach the proper operating temperature. Adjust the aspirator to a vacuum of 380 mm (15 in.) Hg vacuum. Measure the time required for one soap bubble to move a known distance and record barometric pressure. 5.3.3 Repeat the calibration procedure at a vacuum of 406 mm (16 in.) Hg and at 25-mm (1-in.) Hg intervals until three consecutive determinations provide the same flow rate. Calculate the critical flow rate for the orifice in ml/min at standard conditions. Record the vacuum necessary to achieve critical flow. 6. Nomenclature AL=area under the response curve of the liquid sample, area count. AS=area under the response curve of the calibration gas, area count. CS=actual concentration of system calibration gas, ppm propane. K=1.830×10-9 g/(ml-ppm). L=total VOC content of liquid input, kg. ML=mass of liquid sample delivered to the sample vessel, g. q=flow rate through critical orifice, ml/min. RF=liquid analysis system response factor, g/area count. TS=total gas injection time for system calibration gas during integrator calibration, min. VFj=final VOC fraction of VOC containing liquid j. VIj=initial VOC fraction of VOC containing liquid j. VAj=VOC fraction of VOC containing liquid j added during the run. V=VOC fraction of liquid sample. WFj=weight of VOC containing liquid j remaining at end of the run, kg. WIj=weight of VOC containing liquid j at beginning of the run, kg. WAj=weight of VOC containing liquid j added during the run, kg. 7. Calculations 7.1 Total VOC content of the input VOC containing liquid. 7.2 Liquid sample analysis system response factor for systems using intergrators, grams/area counts. 7.3 VOC content of the liquid sample. View or download PDF View or download PDF View or download PDF Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure 1. Introduction 1.1 Applicability. This procedure is used to determine whether a permanent or temporary enclosure meets the criteria of a total enclosure. 1.2 Principle. An enclosure is evaluated against a set of criteria. If the criteria are met and if all the exhaust gases are ducted to a control device, then the volatile organic compounds (VOC) capture efficiency (CE) is assumed to be 100 percent and CE need not be measured. However, if part of the exhaust gas stream is not ducted to a control device, CE must be determined. 2. Definitions 2.1 Natural Draft Opening (NDO)—Any permanent opening in the enclosure that remains open during operation of the facility and is not connected to a duct in which a fan is installed. 2.2 Permanent Total Enclosure (PTE)—A permanently installed enclosure that completely surrounds a source of emissions such that all VOC emissions are captured and contained for discharge through a control device. 2.3 Temporary Total Enclosure (TTE)—A temporarily installed enclosure that completely surrounds a source of emissions such that all VOC emissions are captured and contained for discharge through ducts that allow for the accurate measurement of VOC rates. 3. Criteria of a Temporary Total Enclosure 3.1 Any NDO shall be at least 4 equivalent opening diameters from each VOC emitting point. 3.2 Any exhaust point from the enclosure shall be at least 4 equivalent duct or hood diameters from each NDO. 3.3 The total area of all NDO's shall not exceed 5 percent of the surface area of the enclosure's four walls, floor, and ceiling. 3.4 The average facial velocity (FV) of air through all NDO's shall be at least 3,600 m/hr (200 fpm). The direction of air through all NDO's shall be into the enclosure. 3.5 All access doors and windows whose areas are not included in section 3.3 and are not included in the calculation in section 3.4 shall be closed during routine operation of the process. 4. Criteria of a Permanent Total Enclosure 4.1 Same as sections 3.1 and 3.3–3.5. 4.2 All VOC emissions must be captured and contained for discharge through a control device. 5. Procedure 5.1 Determine the equivalent diameters of the NDO's and determine the distances from each VOC emitting point to all NDO's. Determine the equivalent diameter of each exhaust duct or hood and its distance to all NDO's. Calculate the distances in terms of equivalent diameters. The number of equivalent diameters shall be at least 4. 5.2 Measure the total area (At) of the enclosure and the total area (AN) of all NDO's of the enclosure. Calculate the NDO to enclosure area ratio (NEAR) as follows: NEAR=AN/At The NEAR must be =0.05. 5.3 Measure the volumetric flow rate, corrected to standard conditions, of each gas stream exiting the enclosure through an exhaust duct or hood using EPA Method 2. In some cases (e.g., when the building is the enclosure), it may be necessary to measure the volumetric flow rate, corrected to standard conditions, of each gas stream entering the enclosure through a forced makeup air duct using Method 2. Calculate FV using the following equation: FV=[QO-QI]/AN Where: QO=the sum of the volumetric flow from all gas streams exiting the enclosure through an exhaust duct or hood. QI=the sum of the volumetric flow from all gas streams into the enclosure through a forced makeup air duct; zero, if there is no forced makeup air into the enclosure. AN=total area of all NDO's in enclosure. The FV shall be at least 3,600 m/hr (200 fpm). 5.4 Verify that the direction of air flow through all NDO's is inward. Use streamers, smoke tubes, tracer gases, etc. Strips of plastic wrapping film have been found to be effective. Monitor the direction of air flow at intervals of at least 10 minutes for at least 1 hour. 6. Quality Assurance 6.1 The success of this protocol lies in designing the TTE to simulate the conditions that exist without the TTE, i.e., the effect of the TTE on the normal flow patterns around the affected facility or the amount of fugitive VOC emissions should be minimal. The TTE must enclose the application stations, coating reservoirs, and all areas from the application station to the oven. The oven does not have to be enclosed if it is under negative pressure. The NDO's of the temporary enclosure and a fugitive exhaust fan must be properly sized and placed. 6.2 Estimate the ventilation rate of the TTE that best simulates the conditions that exist without the TTE, i.e., the effect of the TTE on the normal flow patterns around the affected facility or the amount of fugitive VOC emissions should be minimal. Figure 1 may be used as an aid. Measure the concentration (CG) and flow rate (QG) of the captured gas stream, specify a safe concentration (CF) for the fugitive gas stream, estimate the CE, and then use the plot in Figure 1 to determine the volumetric flowrate of the fugitive gas stream (QF). A fugitive VOC emission exhaust fan that has a variable flow control is desirable. 6.2.1 Monitor the concentration of VOC into the capture device without the TTE. To minimize the effect of temporal variation on the captured emissions, the baseline measurement should be made over as long a time period as practical. However, the process conditions must be the same for the measurement in section 6.2.3 as they are for this baseline measurement. This may require short measuring times for this quality control check before and after the construction of the TTE. 6.2.2 After the TTE is constructed, monitor the VOC concentration inside the TTE. This concentration shall continue to increase and must not exceed the safe level according to OSHA requirements for permissible exposure limits. An increase in VOC concentration indicates poor TTE design or poor capture efficiency. 6.2.3 Monitor the concentration of VOC into the capture device with the TTE. To limit the effect of the TTE on the process, the VOC concentration with and without the TTE must be within ±10 percent. If the measurements do not agree, adjust the ventilation rate from the TTE until they agree within 10 percent. View or download PDF [55 FR 26856, June 29, 1990; 55 FR 31981, Aug. 6, 1990; 55 FR 39774, 39775, Sept. 28, 1990, as amended at 56 FR 24723, May 31, 1991; 56 FR 33712, July 23, 1991; 57 FR 3946, Feb. 3, 1992; 57 FR 7550, Mar. 3, 1992; 57 FR 27936, June 23, 1992; 58 FR 31653, June 4, 1993; 58 FR 34908, June 30, 1993; 59 FR 14112, Mar. 25, 1994; 59 FR 46569, Sept. 9, 1994; 60 FR 41, Jan. 3, 1995; 60 FR 13045, Mar. 10, 1995; 60 FR 14900, Mar. 21, 1995; 60 FR 43387, 43393, 43395, Aug. 21, 1995; 61 FR 54559, Oct. 21, 1996] § 52.742 Incorporation by reference. top The materials listed below are incorporated by reference in the corresponding sections noted. The incorporation by reference was approved by the Director of the Office of Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of approval, and a notice of any change in these materials will be published in the Federal Register. The materials are available from the sources listed below. (a) The following material is available for purchase from the American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA 19103. (1) ASTM D1475–85, Standard Test Method for Density of Paint, Varnish, Lacquer, and Related Products, for §52.741(a)(4)(i)(B)(3)(i). (2) ASTM D2369–87, Standard Test Method for Volatile Content of Coatings, for §52.741(a)(4)(i)(B)(3)(ii). (3) ASTM D3792–86, Standard Test Method for Water Content of Water-Reducible Paints by Direct Injection into a Gas Chromatograph, for §52.741(a)(4)(i)(B)(3)(iii). (4) ASTM D4017–81(Reapproved 1987), Standard Test Method for Water in Paints and Paint Materials by Karl Fischer Method, for §52.741(a)(4)(i)(B)(3)(iv). (5) ASTM D4457–85, Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph, for §52.741(a)(4)(i)(B)(3)(v). (6) ASTM D2697–86, Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, for §52.741(a)(4)(i)(B)(3)(vi). (7) ASTM D3980–87, Standard Practice for Interlaboratory Testing of Paint and Related Materials, for §52.741(a)(4)(i)(B)(3)(vi). (8) ASTM E180–85, Standard Practice for Determining the Precision of ASTM Methods for Analysis and Testing of Industrial Chemicals, for §52.741(a)(4)(i)(B)(3)(viii). (9) ASTM D2372–85, Standard Method of Separation of Vehicle from Solvent-Reducible Paints, for §52.741(a)(4)(i)(B)(3)(ix). (10) ASTM D2879–86, Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, for §52.741(a)(3), (a)(8)(ii), (a)(9)(iii), and (a)(10)(iii). (11) ASTM D323–82, Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method), for §52.741(a)(3). (12) ASTM D86–82, Standard Method for Distillation of Petroleum Products, for §52.741(a)(3). (13) ASTM D3925–81(Reapproved 1985), Standard Practice for Sampling Liquid Paints and Related Pigment Coatings, for §52.741(a)(4)(i)(A)(1). (14) ASTM E300–86, Standard Practice for Sampling Industrial Chemicals, for §52.741(a)(4)(i)(A)(2). (b) The Evaporation Loss From External Floating-Roof Tanks, Publication 2517, second edition, February 1980, for §52.741(a)(3) is available for purchase from the American Petroleum Institute, 2101 L Street, NW., Washington, DC 20037. (c) The Standard Industrial Classification Manual, 1987, for §52.741(a)(3) is available for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. (d) 35 Illinois Administrative Code 215, June 1989, subparts (B), (E) (sections 215.182, 215.183, and 215.184), (K) (sections 215.301 and 215.302), (Q) (excluding sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), and (Z) of 35 Ill. Adm. Code 215 for §52.741 (d)(l)–(d)(3); (e)(3), (e)(4); (h)(2); (i)(1), (i)(2); (j)(1)–(j)(3); (q)(1); (s)(1); (u)(1), (3); (v)(1); (w)(1); and (x)(1), (x)(3) is available from the United States Environmental Protection Agency, Air and Radiation Division, Region V, 230 S. Dearborn, Chicago, IL, 60604. [55 FR 26909, June 29, 1990] § 52.743 Continuous monitoring. top (a) Alternative monitoring requirements established under Section 201.402 of Title 35, IAC must be either: Incorporated into a federally enforceable operating permit or construction permit or submitted to USEPA for approval as a revision to the Illinois State Implementation Plan (SIP). Illinois shall set forth alternative emissions monitoring and reporting requirements to satisfy the intent of 40 CFR part 51, appendix P whenever Illinois exempts any source subject to Section 201.401 from installing continuous emission monitoring systems. Illinois may exempt a source if the source cannot install a continuous emission monitoring system because of physical plant limitations or extreme economic reasons, according to the criteria of Section 201.402. (b) As codified at 40 CFR 52.737 (USEPA's approval of the Illinois operating permit program for the purpose of issuing federally enforceable construction and operating permits), USEPA reserves the right to deem an operating permit not federally enforceable. Such a determination will be made according to appropriate procedures including operating permit requirements promulgated at 54 FR 27274 (June 28, 1989) and will be based upon either; the permit, permit approval procedures or state or local permit requirements which do not conform with the operating permit program requirements or the requirements of USEPA's underlying regulations. Among other things, underlying requirements include 40 CFR 51.214 and part 51, appendix P and Illinois' approved SIP, 40 CFR part 52. Should USEPA deem an operating or construction permit containing alternative monitoring requirements not federally enforceable, the underlying continuous monitoring requirements at Section 201.401 of the State rule would be the Federal requirements contained in the SIP to which the source would be subject. This interpretation of the impact of an operating permit deemed not federally enforceable by USEPA on a source to which it was issued was acknowledged by the State in a March 3, 1993, letter from Bharat Mathur, Chief, Bureau of Air, Illinois Environmental Protection Agency, to Stephen Rothblatt, Chief, Regulation Development Branch, Region 5, USEPA. [58 FR 17783, Apr. 6, 1993] § 52.744 Small business stationary source technical and environmental compliance assistance program. top The Illinois program submitted on November 12, 1992, as a requested revision to the Illinois State Implementation Plan satisfies the requirements of section 507 of the Clean Air Act Amendments of 1990. [58 FR 45451, Aug. 30, 1993] Subpart P—Indiana top § 52.769 Identification of plan—conditional approval. top The plan revision commitment listed in paragraphs (a) and (b) of this section were submitted on the dates specified. (a)–(b) [Reserved] [60 FR 22241, 22242, May 4, 1995, as amended at 62 FR 19056, Apr. 18, 1997; 63 FR 35144, June 29, 1998] § 52.770 Identification of plan. top Link to an amendment published at 71 FR 14386, Mar. 22, 2006. (a) Title of plan: “State of Indiana Air Pollution Control Implementation Plan.” (b) The plan was officially submitted on January 31, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) The State Air Pollution Control Board submitted a SO2 control strategy for the City of Indianapolis on March 16, 1972. (2) The Governor submitted Pub. L. 100, Regulation APC 12–R and 13 through 17 on April 11, 1972. (3) On May 1, 1972, the Governor's office submitted an errata sheet and revised pages for the State plan. (4) A request for a nine month extension to achieve secondary SO2 standards in the Indianapolis Region was made by the Governor on May 16, 1972. (5) The State Air Pollution Control Board submitted additional information on surveillance methodology (non-regulatory) on May 17, 1972. (6) Regulation APC 4–R was transmitted by the Governor on June 30, 1972. (7) Assurance that emission data for sources was available for public inspection was given on July 24, 1972, by the Technical Secretary to the Indiana Board. (8) Clarification of a policy on availability of emission data to the public sent August 17, 1972, by the Technical Secretary to the Indiana Board. (9) On September 15, 1972, amendments to State control regulations 13, 15 and 16 were submitted to the Governor. (10) On May 8, 1973, the Governor submitted a new regulation (APC–19) which replaced APC–1. (11) The Governor submitted a transportation control plan for Marion County on October 19, 1973. (12) On March 7, 1974, the Technical Secretary of the Air Pollution Control Board, acting for the Governor of Indiana, submitted new regulation APC–20. (13) On October 3, 1974, the Technical Secretary submitted revised regulations APC–16 covering CO, APC–17 covering NO2 and a new regulation APC–22 covering classification of counties for SO2, oxidants, particulates, NO2 and CO. (14) On November 8, 1974, the Technical Secretary submitted revised regulation APC–3 covering visible emissions and revised regulation APC–15 covering hydrocarbons. (15) On December 5, 1974, the Technical Secretary submitted revised regulation APC–13 covering SO2. On July 18, 1975, an updated Technical Support Document on APC–13 was submitted by the Technical Secretary. (16) On June 14, 1976, the Technical Secretary submitted enforcement orders varying the final sulfur dioxide emission limitations for the Warrick and Culley electrical generating stations in Warrick County. (17) On March 16, 1977, the Technical Secretary submitted new regulation APC–8, Continuous Emission Monitoring; and revised regulations APC–7, Incinerators; and APC–14, Indiana Ambient Air Quality Standards. (18) On May 18, 1977, the Technical Secretary submitted revised regulation APC–2, Open Burning. (19) On June 26, 1979, the Governor submitted a revised sulfur dioxide strategy, including regulation APC 13 with appendix, which was promulgated by the State on June 19, 1979 for all areas of the State. This included the Part D sulfur dioxide regulations for Lake, LaPorte, and Marion Counties. On August 27, 1980 and July 16, 1981 the State committed itself to correct conditionally approved items within their strategy. On October 6, 1980, the State submitted a recodified version of APC 13 which was promulgated by the State on August 27, 1980. This included 325 IAC 7, 325 IAC 1.1–6, 325 IAC 1.1–7–2 and 4, 325 IAC 12–5–1 and 2(a), 325 IAC 12–9–1 and 4, and 325 IAC 12–18–1 and 2. EPA is not taking action on: (i) 325 IAC 7 as it applies to Floyd and Vigo Counties, (ii) the 30-day averaging compliance method contained in 325 IAC 7–1–3, and (iii) the stack height provision for NIPSCO's Mitchell Station in the Lake County SO2 strategy and (4) the stack height provisions for IPALCO's Stout Generating Chemicals Company, and Detroit Diesel Allison's Plant #8 in the Marion County SO2 strategy. (20) On June 26, 1979, the State of Indiana submitted to EPA revisions to the ozone and carbon monoxide portions (section 3.3.24) of its Marion County State Implementation Plan. On March 11, 1980, the state submitted revisions to the Marion County technical appendix to section 3.3.24. On May 19, 1980, the state submitted ozone and carbon monoxide attainment demonstrations for Marion County (section 1.5). On September 8, 1980 the state submitted its memoranda of understanding. On October 9 and October 15, 1980, the state submitted documentation concerning interagency coordination and the analysis of transportation control measures. On January 7, 1981, the state submitted corrections and clarifications in response to EPA's notice of proposed rulemaking (45 FR 81070). (21) On June 26, 1979 Indiana submitted a motor vehicle inspection and maintenance program for Clark, Floyd, Lake, and Porter Counties. Additional commitments were submitted on April 7, 1980; June 12, 1980; August 27, 1980; November 13, 1980 and November 24, 1980. (22) On June 26, 1979, Indiana made submittals pertaining to section 121 Consultation, section 110(a)(2)(K)—Permit Fees, section 126—Interstate Pollution, section 127—Public Notification, section 128—State Boards and section 110(a)(2)(F) (ii) and (iii)—Continuous Emission Monitoring Additional commitments were secured on April 17, 1980, June 25, 1980, August 1, 1980, November 10, 1980, December 9, 1980, and December 31, 1980. A revised version of Indiana's continuous emission monitoring regulation (325 IAC 3) was submitted on October 6, 1980. (23) On June 26, 1979, the State of Indiana submitted a revision to provide for modification of the existing air quality surveillance network. (24) On June 26, 1979, the Governor submitted a revised new source review regulation, APC–19. Additional information and commitments were submitted on June 25, 1980 and May 19, 1981. EPA is not taking action on section 7 of APC–19, Prevention of Significant deterioration. (25) On June 26, 1979 the Governor submitted revised emission limits for Knauf Fiberglass, Shelby County. Additional information was submitted by November 21, 1979. The emission limitations were recodified as 325 IAC 11–4 and 11–4 Appendix A and were resubmitted on October 6, 1980. (26) On June 26, 1979 the Governor submitted Indiana's definition regulation, APC–1. The definitions were recodified as 325 IAC 1.1–1 and resubmitted on October 6, 1980. On January 21, 1981 Indiana submitted a revised definition for “positive net air quality benefit.” EPA is taking no action on 325 IAC 1.1–1–82, definition of “State Implementation Plan (SIP).” (27) On October 6, 1980, Indiana submitted Regulation 325 IAC 1.1–2 (formerly APC 14) which includes the primary and secondary ambient air quality standards for ozone and lead. (28) On February 26, 1981, Indiana submitted a revision to its plan waiving the State's sulfur dioxide air monitoring requirement of section 4(a) of Regulation 325 IAC 7–1 for the area around Public Service of Indiana's Noblesville Generating Station. (29) On June 26, 1979, May 19, 1980, September 24, 1980, October 9, 1980 and October 15, 1980, Indiana submitted transportation control plans and ozone demonstrations of attainment for Lake, Porter, Clark, Floyd, St. Joseph, Elkhart and Allen Counties. It also submitted a carbon monoxide demonstration of attainment for Lake County. EPA is taking no action on the ozone demonstration of attainment for St. Joseph, Elkhart and Allen Counties. (30) On April 10, 1981, Indiana submitted revised emission limits for Indiana Farm Bureau Cooperative Association's Beech Grove plant. (31) On February 11, 1980, Indiana submitted a revised sulfur dioxide strategy for Vigo County. Technical information was submitted on December 10, 1979 and on May 30, 1980. On October 6, 1980, the State submitted a recodified version of the Vigo County Regulations, 325 IAC Article 7, which was promulgated by the State on August 27, 1980. EPA is not taking action on the 30-day averaging compliance method contained in 325 IAC 7–1–3 as it applies to Vigo County. (32) On November 24, 1981, Indiana submitted site specific emission limitations for Tecumseh Pipe Line Company, Schererville; and Wayne Transportation Division, Richmond. (33) On February 11, 1980, Indiana submitted APC 15. EPA is taking no action the “bubble” provisions contained in Section 8(a)(2) of revised APC 15. (34) On June 26, 1979, the Governor of Indiana submitted general TSP RACT emisson limits for nonattainment areas. These regulations were amended and recodified as 325 IAC 6–1 and resubmitted on October 6, 1980. On October 6, 1980, the State submitted a revised TSP regulation for process sources, 325 IAC 6–3; a source specific Dearborn County strategy (amendments were submitted on August 10, 1981), 325 IAC 6–1–8; a source specific Dubois County strategy, 325 IAC 6–1–9; and a source specific Wayne County strategy (amendments were submitted on January 29, 1981), 325 IAC 6–1–14. On February 11, 1980, Indiana submitted a source specific Marion County strategy (amendments were submitted on October 28, 1981), 325 IAC 6–1–12. EPA is deferring rulemaking at this time on the coke battery emission limitations in the Marion County strategy. On January 29, 1981, the State submitted a source specific Vigo County strategy (amendments were submitted on October 28, 1981 and May 7, 1982), 325 IAC 6–1–13; a source specific Howard County strategy, 325 IAC 6–1–15; and a source specific Vanderburgh County strategy (amendments were submitted on October 28, 1981), 325 IAC 6–1–16. EPA is deferring rulemaking at this time on the coke battery emission limitations in the Vigo County strategy and on whether the Howard County strategy currently contains all the elements required by the Clean Air Act. On July 8, 1981, the State submitted a source specific Clark County strategy, 325 IAC 6–1–17, and a source specific St. Joseph County strategy, 325 IAC 6–1–18. On January 29, 1981 and May 7, 1982, the State submitted additional information and commitments. (35) On October 6, 1980, Indiana submitted its regulations as recodified. Amendments were submitted on January 29, 1981 and March 18, 1981. EPA's approval is directed specifically to the codification numbering system change, not to the substance within each of the codified rules. (36) [Reserved] (37) On May 10, 1982, Indiana submitted source specific emission limits contained in operating permits for the Bunge Corporation, Globe Industries, Skyline Corporation, and Dubois County Farm Bureau Co-op Assn., Inc. as revisions to the Indiana SIP. (38) On April 27, 1982, Indiana submitted source specific TSP emission limits for Huntingburg Wood Products, Jasper Desk Company, Jasper Office Furniture Company, Arist-O-Kraft Company, Mohr Construction Company, Dana Corporation, and Allis Chalmers Corporation. On April 29, 1982, Indiana submitted source specific VOC emission limits for McGee Refining Corporation, Hesco Industries, and Clark Oil and Refining Corporation. (39) On November 25, 1980, Indiana submitted 325 IAC Article 8, Volatile Organic Compound Regulations. This regulation adds Group II CTG requirements to Indiana's VOC plan and was State promulgated on October 15, 1980. EPA is not taking action on 325 IAC 8–1.1 Section 2(b), Bubble Approach. (40) On November 24, 1981, Indiana submitted site specific emission limitations for Jeffboat, Inc., Jeffersonville. (41) On November 23, 1982, Indiana submitted source-specific emission limits for Paul H. Rohe Company, Inc. (42) On June 26, 1979, Indiana submitted its coke oven battery regulation, APC 9. On October 6, 1980 Indiana resubmitted this regulation recodified as 325 IAC 11–3. On August 27, 1981, Indiana submitted amendments to 325 IAC 11–3. EPA is taking no action on 325 IAC 11–3–2(a), Pre-Carbonization Emissions. It is taking no action on 325 IAC 11–3–2(i), Underfire Particulate and Sulfur Dioxide Emissions, as it applies to Lake County. (43) On February 26, 1981 and June 22, 1982, Indiana submitted a 9.57 lbs/MMBTU sulfur dioxide emission limit for IMEC's Breed Generating Station in Sullivan County. This limit supersedes that approved at paragraph (c)(19). (44) On June 28, 1982, Indiana submitted new open burning regulations for Marion County. An amendment was submitted on August 25, 1982. (45) On March 15, 1983, Indiana submitted a revision to the TSP and SO2 portions of its SIP in the form of operating permits for the Sisters of Providence Convent in St. Mary-of-the-Woods, Indiana. (46) On November 29, 1982, and December 9, 1982, Indiana submitted amendments to 325 IAC 11–4, Fiber Glass Insulation Manufacturing (Superfine Process) Limitations. (47) On August 17, 1983, Indiana submitted emission limits of 1.8 lbs/hr and 2.4 tons/yr for the boilers at Jasper Cabinet Co., Dubois County. The 1.8 lbs/hr limit replaces the 7.6 lbs/hr limit approved for this source in subparagraph 34. (48) [Reserved] (49) On March 28, 1983, Indiana submitted a 20% 2-hour opacity limit as an “equivalent visible emission limit” (EVEL) for the underfire stack at Bethlehem Steel Corporation's Coke Battery No. 2 in Porter County. This EVEL is approved for as long as the SIP mass emission limit determined from 325 IAC 6–2 (October 6, 1980, submittal) for this source remains in the SIP See (c)(6), (35), and (42). (50) On December 21, 1983, the Indiana Air Pollution Control Board submitted Indiana Rule 325 IAC 6–2.1, Particulate Emission Limitations for Sources of Indirect Heating. This rule repeals and replaces Indiana Rule 325 IAC 6–2. See §§52.770(c)(4) and (c)(35) and §52.776(i). (i) Incorporation by reference. (A) 325 IAC 6–2.1, revised regulation establishing Particulate Emission Limitations for Sources of Indirect Heating. (ii) Additional material. (A) December 21, 1983, submittal of Finding of Facts and Recommendations of Hearing Officer R. W. James on 325 IAC 6–2.1. (B) March 27, 1985, commitment letter from the State concerning the procedures the State will use in processing “bubbles” under 325 IAC 6–2.1–2(B) and 3(b). See §52.776(i). (51) On February 7, 1983, Indiana submitted revised opacity limits for existing boilers at Olin Corporation, located in Covington, Indiana. These “equivalent visible emission limits” (EVEL) are approved for as long as the SIP mass emission limit determined from 325 IAC 6–2 (October 6, 1980 submittal) for this source remains in the SIP. See §52.770(c) (6) and (35) and §52.776(h)(2). (i) Incorporation by reference. (A) EVELs for Olin Corporation contained in Operating Permits issued by IAPCB, dated October 6, 1981. (ii) Additional material. (A) September 1, 1983, transmittal by IAPCD's A. Sunderland of Olin's Mass Emission Tests, dated August 26, 1983. (B) April 5, 1984, letter from IAPCD's E. Stresino transmitting original petition, including Method 9 opacity data. (52) On February 23, 1984, the Indiana Air Pollution Control Board submitted a revision to Indiana's SO2 SIP waiving the self-monitoring requirement for Public Service Indiana's Edwardsport Generating Station, as set forth in section 4(a) of Rule 325 IAC 7–1. See (c)(19). This revision becomes effective once the Edwardsport Station achieves an annual operating capacity of no greater than 10%. (53) On October 6, 1980, Indiana submitted revised opacity regulation 325 IAC 5–1. It replaces 1972 APC 3 for process sources, approved at paragraph (b), and SIP 1974 APC 3 for combustion sources, approved in part at subparagraph (c)(14). Indiana does not intend 325 IAC 5–1 to regulate the emission points in Lake County listed in Table 2 of 325 IAC 6–1–110.2 (subparagraph (c)(57)). USEPA is disapproving 325 IAC 5–1 for these sources. Indiana does not intend 325 IAC 5–1 to regulate certain coke battery emission sources listed in 325 IAC 11–3 (subparagraph (c)(42)). USEPA is disapproving 325 IAC 5–1 as it applies to the provisions of 325 IAC 11–3 which USEPA disapproved at (c)(42), i.e., pushing and quenching sources throughout the State and coke oven doors in Lake and Marion Counties. Additionally, Indiana has modified 325 IAC 5–1 as it applies to the stack emission points in Porter County listed at 325 IAC 6–6–4. USEPA disapproved 325 IAC 5–1 as it applies to these Porter County sources on February 5, 1987 (52 FR 3640). For those source categories where USEPA is disapproving 325 IAC 5–1, they remain regulated by the previously approved opacity SIP which consists of SIP 1974 APC 3 for combustion sources and 1972 APC 3 for process sources. Additionally, as long as the Bethlehem Steel Corporation No. 2 Coke Oven Battery Underfire Stack EVEL (subparagraph (c)(49)) remains approved, it replaces 325 IAC 5–1. (i) Incorporation by reference. (A) A letter dated October 6, 1980 from the State of Indiana Air Pollution Control Board and 325 IAC 5–1, Visible Emission Limitations, State promulgated on August 26, 1980. (ii) Additional material. (A) February 12, 1985, letter from the Technical Secretary of the Air Pollution Control Board committing the State to make certain technical changes to 325 IAC 5–1. (54) On March 28, 1984, Indiana submitted a revised TSP emission limitation for Richmond State Hospital, Wayne County, Indiana. This limitation replaces the one in 325 IAC 6–1–14 which was previously approved at (c)(34). (i) Incorporation by reference. (A) On January 13, 1984, Indiana issued to Richmond State Hospital an amendment to operating permit, 89–04–85–0153, which revised its TSP emission limitations for the four boilers to 0.60 lbs/MMBTU with an annual total limit of 452 tons/yr. (55) On January 30, 1985, Indiana submitted revised VOC regulations 325 IAC 8–1.1, 8–2, 8–3, 8–4 and 8–5 to satisfy certain conditions of USEPA's approval. Those regulations amended those approved at (c)(33) and (c)(34). In addition, the applicability of the regulations was extended to cover St. Joseph and Elkhart Counties. USEPA is taking no action on changes to 325 IAC 8–1.1–2(f), Methods of Compliance, and the repeal of 325 IAC 8–5–6, Perchloroethylene Dry Cleaning, because these exempt the compound perchloroethylene from control without the State justifying that such exemption is consistent with the Part D reasonably available control technology (RACT) requirements. Note: If Indiana allows use of a non-USEPA test method in the future, its use must be submitted to USEPA as a SIP revision. (i) Incorporation by reference. (A) Indiana's Volatile Organic Compounds (VOC) RACT I and II regulations, Title 325 Air Pollution Control Board: (1) 325 IAC 8–1.1, Establishes Volatile Organic Compound Emission Limitations. State promulgated on June 21, 1984, and amended November 7, 1984. Note: 325 IAC 8–1.1–4 Test methods andprocedures. If Indiana allows use of a non-USEPA test method in the future, its use must be submitted to USEPA as a SIP revision. (2) 325 IAC 8–2 Surface Coating Emission Limitations. State promulgated on June 21, 1984, and amended November 7, 1984. (3) 325 IAC 8–3 Solvent Metal Cleaning Operating Requirements. State promulgated on October 15, 1984, and amended November 7, 1984. (4) 325 IAC 8–4 Petroleum Sources. State promulgated on June 21, 1984, and amended November 7, 1984. (5) 325 IAC 8–5 Miscellaneous Operations. State promulgated on June 21, 1984, and amended November 7, 1984. (56) On September 2, 1983, the Indiana Air Pollution Control Board (Board) submitted revised emission limitations for Occidental Chemical Corporation (OCC), located in Clark County, Indiana. Amendments to these operating permits were submitted by the State on December 21, 1983. These emission limits replace those approved for OCC (under its former name, Hooker Chemical) at (c)(34). (i) Incorporation by reference. (A) Indiana Air Pollution Control Board Operation Permits: (1) Control Number 16113, date issued December 27, 1982. (2) Control Number 16114, date issued December 27, 1982. (3) Control Number 16115, date issued December 27, 1982. (ii) Additional material. (A) OCC corrected emissions dated September 13, 1984. (B) OCC's new modeled data, dated November 6, 1984. (C) State's modeling for OCC and surrounding area, dated July 2, 1984 and August 7, 1984. (57) On October 11, 1983, October 24, 1983, and April 16, 1984, Indiana submitted a revised Lake County Total Suspended Particulates (TSP) Plan, including regulations 325 IAC 6–1–10.2 and 6–1–11.1. This plan is disapproved. See §52.776(j). (58) On November 13, 1984, Indiana submitted 325 IAC 13–2, Motor Vehicle Tampering and Fuel Switching. (i) Incorporation by reference. (A) Indiana Rule 325 IAC 13–2, promulgated by the State on September 24, 1984. (59) On March 24, 1986, the State of Indiana submitted a negative declaration for synthetic organic chemical manufacturing industry (SOCMI) source leaks and oxidation, and for natural gas/gasoline processing plants. On April 14, 1986, the State of Indiana submitted a negative declaration for manufacturers of high-density polyethylene, polypropylene, and polystyrene resins, and for large petroleum dry cleaners. (i) Incorporation by reference. (A) Letter dated March 24, 1986, from Harry D. Williams, Director, Air Pollution Control Division, Indiana State Board of Health. Letter dated April 14, 1986, from Walter J. Kulakowski, Assistant Commissioner for Air Management, Department of Environmental Management. (60) On January 18, 1984, Indiana submitted as a revision to the TSP SIP certain operating conditions and limits for three coke oven batteries at Citizens Gas and Coke Utility in Marion County. The operating permits included conditions and limits for Batteries E, H and Number One with respect to visible emissions from coke oven doors and pushing operations and allowable content of total dissolved solids in quench makeup water. EPA disapproves the limit on coke oven door visible emissions and total dissolved solids content for quench makeup water on Battery Number One, because the limits are inconsistent with that battery's Part C Prevention of Significant Deterioration requirements and Part D Lowest Achievable Emission Rate requirements. See subparagraphs (c)(34) and (c)(42) for further background on actions concerning coke oven batteries. (i) Incorporation by reference. (A) Certificates of Operation Numbers 06895, 06896, and 06897 for Citizens Gas and Coke Utility issued by the City of Indianapolis, dated June 30, 1980, with addition of operating conditions and emission limits, dated September 12, 1983, as adopted by the State on January 4, 1984, and transmitted on January 18, 1984. (ii) Additional information. (A) September 7, 1983, letter from the City of Indianapolis to the State concerning quarterly analysis of coke quenching makeup water. (61) On October 15, 1984, Indiana submitted a revision to the Porter County total suspended particulate (TSP) plan, including regulation 325 IAC 6–6, which was promulgated by Indiana on November 7, 1984. This plan is disapproved. See §52.776(l). (62) On March 4, 1985, Indiana submitted a revision to the Marion County carbon monoxide (CO) plan. USEPA approved this plan based on monitoring and modeling data and a commitment to implement a one-way street pair in the Indianapolis central business district. These elements demonstrate attainment of the CO National Ambient Air Quality Standards by December 31, 1987. (i) Incorporation by reference. (A) Marion County CO plan for attainment and maintenance of the CO NAAQS from Indianapolis Air Pollution Control Division, Sections 1.0, 3.4, 4.1, 4.2, 4.3.1, 4.3.2, 4.4, 5.1, 5.5.4, 6.1, 6.2.1, 6.2.2, 6.3, and 6.4, dated November 12, 1984. (B) Letter from Indiana forwarding Marion County CO plan to USEPA, dated March 4, 1985. (ii) Additional material. (A) Portion of additional technical information from Indianapolis Air Pollution Control Division, including Section 1.0, dated August 28, 1985. (B) Letter from Indiana forwarding additional technical information, dated October 7, 1985. (63) On January 23, 1986, the State submitted revisions to its Stage I Gasoline Dispensing regulations, which replace those conditionally approved at (c)(33), (c)(35)—Codification only, and (c)(55). (i) Incorporation by reference. (A) Letter of January 23, 1986 to EPA from the State of Indiana, and Title 325 Air Pollution Control Board Rule 325 IAC 8–4–6, Gasoline Dispensing Facilities, which was promulgated on January 14, 1986. (B) Title 325 Air Pollution Control Board Rule 8–1.1–3, Compliance Schedules, subsections (f), (g), and (h), which was promulgated on January 14, 1986. (64) On January 23, 1986, the State of Indiana submitted to USEPA a revision to the Indiana Lead State Implementation Plan in order to satisfy the requirements of 40 CFR 51.160 through 51.163 and 51.165(b) (formerly 40 CFR 51.18 (a) through (i) and 51.18(k)) for a new source review program, USEPA approved this revision for lead new source review only. (i) Incorporation by reference. (A) Construction and Operating Permit Requirements, 325 IAC 2–1.1 promulgated on January 8, 1986. (B) Letter of November 17, 1987, to EPA from the Indiana Department of Environmental Management. (65) On November 30, 1981, Indiana established its air quality surveillance network for lead. On November 21, 1983, Indiana notified USEPA that Corning Glass was shut down. On February 18, 1987, Indiana submitted its regulation to control lead emissions, 325 IAC 15–1. (i) Incorporation by reference. (A) 325 IAC 15–1, Lead Emission Limitations, effective February 27, 1987. (B) Letter of February 18, from the State of Indiana to EPA. (ii) Additional material. (A) A November 30, 1981, letter from Harry Williams, Technical Secretary, Indiana Air Pollution Control Board establishing Indiana's air quality surveillance network for lead. (B) A November 21, 1983, letter from Harry Williams, Technical Secretary, confirming that the Corning Glass facility in Wells County was permanently shut down and had been taken out of the State's emission inventory. (C) A June 9, 1987, letter from Timothy Method, Acting Assistant Commissioner, submitting a general strategy and additional increments of progress required of Hammond Lead. (66) On October 21, 1987, the State of Indiana submitted 325 IAC 7–1–3.1, Reporting Requirements and Methods to Determine Compliance, as a revision to its SO2 plan. At paragraph (c)(19) of this section, USEPA approved/conditionally approved Indiana's SO2 plan, 325 IAC 7-1, for most areas of the State. However, the emission limits in this plan were set aside by the Court of Appeals for the Seventh Circuit because USEPA took no action on the State's 30-day averaging compliance method in 325 IAC 7-1-3. New compliance method 325 IAC 7-1-3.1 replaces former 325 IAC 7-1-3. Therefore, with EPA's approval of 325 IAC 7-1-3.1, USEPA is reinstating its March 12, 1982, approval of Indiana's October 6, 1980, SO2 rule, 325 IAC 7-1-1,7-1-2 (except for any emission limits in the below named counties), 7-1-4, 7-1-5, 7-1-6, and 7-1-7. Other than these general provisions and 325 IAC 7-1-3.1, USEPA is not acting on or approving today Indiana's SO2 plan for Dearborn, Floyd, Gibson, Jefferson, Lake, LaPorte, Marion, Morgan, Porter, Sullivan, Vermillion, Vigo, Warrick, and Wayne Counties. Indiana recodified 325 IAC 7-1-1 through 7-1-7 to 326 IAC 7-1-1 through 7-1-7 and submitted the recodified rules on November 16, 1988. (i) Incorporation by reference. (A) 326 IAC 7-1-1 through 326 7-1-7, Sulfur Dioxide Emission Limitations, as published in the April 1, 1988, Indiana Register (IR) at 11 IR 2511. (67) On February 3, 1988, Indiana submitted its SO2 plan for Jefferson, LaPorte, Marion, Sullivan, and Wayne Counties; on March 23, 1988, it submitted its SO2 plan for Vermillion County; and on August 1, 1988, it submitted its SO submitted the same rules in its plans for Jefferson, LaPorte, Marion, Sullivan, and Wayne Counties, as recodified into Title 326 of the Indiana Administrative Code. These plans consist of the provisions and requirements in 326nIAC 7-1 approved or reinstated for these counties at paragraph (c)(66), any SO2 emission limits in 326 IAC 7-1-2 applicable in these counties (as incorporated by reference at (c)(66)(i)(C)), and the site-specific SO2 emission limits and other requirements in 326 IAC 7-1-13 (Jefferson County), 326 IAC 7-1-12 (LaPorte County), 326 IAC 7-1-9 (Marion County), 326 IAC 7-1-14 (Sullivan County), 326 IAC 7-1-15 (Vermillion County), 326 IAC 7-1-10.1 (Vigo County), and 326 IAC 7-1-11 (Wayne County). (i) Incorporation by reference. (A) 326 IAC 7-1-13, Jefferson County Sulfur Dioxide Emission Limitations, as published in the April 1, 1988, Indiana Register (IR) at 11 IR 2526. (B) 326 IAC 7-1-12, LaPorte County Sulfur Dioxide Emission Limitations, as published on April 1, 1988, at 11 IR 2526. (C) 326 IAC 7-1-9, Marion County Sulfur Dioxide Emission Limitations, as published on April 1, 1988, at 11 IR 2518. (D) 326 IAC 7-1-14, Sullivan County Sulfur Dioxide Emission Limitations, as published on April 1, 1988, at 11 IR 2526. (E) 326 IAC 7-1-15, Vermillion County Sulfur Dioxide Emission Limitations, as published on March 1, 1988, at 11 IR 1735. (F) 326 IAC 7-1-10.1, Vigo County Sulfur Dioxide Emission Limitations, as published on August 1, 1988, at 11 IR 3785. (G) 325 IAC 7-1-11, Wayne County Sulfur Dioxide Emission Limitations, as published on April 1, 1988, at 11 IR 2525. (68) On December 2, 1983, Indiana submitted its transportation control plans as an element in its ozone strategy for Lake and Porter Counties. Further information was submitted on June 10, 1986. (i) Incorporation by reference. (A) Chapter 7, Mobile Source Strategies and Reductions, Sections A.1.a, 2, and 3 and Exhibits 7-1 and 7-3 of Indiana's 1982 ozone and carbon monoxide plan, as adopted by the Indiana Air Pollution Control Board at its November 2, 1983, metting. (B) [Reserved] (ii) Additional material.(A) On June 10, 1986, Indiana submitted a May 23, 1986, letter from the Northwestern Indiana Regional Planning Commission discussing the Lake and Porter Counties' transportation control plans and their implementation. (B) [Reserved] (69) On December 2, 1983, Indiana submitted its ozone plan for Lake and Porter Counties, as adopted by the Indiana Air Pollution Control Board on November 2, 1983. On March 2, 1984, Indiana submitted as its attainment demonstration for Lake and Porter Counties, Illinois' attainment demonstration for the greater Chicago area. The greater Chicago attainment demonstration, as submitted by Indiana, and Indiana's overall ozone plan for Lake and Porter Counties is disapproved. See §§52.773(i) and 52.777(d). The disapproval does not affect USEPA's approval (or conditional approval) of individual parts of Indiana'a ozone plan, and they remain approved. See §52.770(c) (20), (21), (29), (33), (38), (39), (55), (58), and (59). (70) On February 3, 1988, and August 23, 1988, Indiana submitted its lead plans for Quemetco, Inc., in Indianapolis; Exide Corporation in Logansport; C and D Power System in Attica; and General Battery Corporation in Frankfort. This included a recodification of its former lead rule, 325 IAC 15-1 (40 CFR 52.770(c)(65)), to 326 IAC 15-1 and revisions to this rule. (i) Incorporation by reference. (A) Title 326—Air Pollution Control Board—Indiana Administrative Code (326 IAC) 15-1, Lead Emission Limitations, as published in the Indiana Register (IR) on April 1, 1988, at 11 IR 2564. (B) Corrections of typographical, clerical, or spelling errors to the document printed at 11 IR 2368 (Indiana's recodified air rules, including 326 IAC 15-1), as published on August 1, 1988, at 11 IR 3921. (71) On March 23, 1988, Indiana submitted its SO2 plan for Morgan County; on July 12, 1988, it submitted its SO2 plan for Floyd County, and on November 16, 1988, it submitted its SO2 plan for Warrick County. On December 6, 1988, it submitted its Warrick County rule as published in the Indiana Register. These plans consist of the provisions and requirements in 326 IAC 7-1 approved or reinstated for these counties at paragraph (c)(66), and SO2 emission limits in 326 IAC 7-1-2 applicable in these counties (as incorporated by reference at paragraph (c)(66)(i)(C) of this section), and the site-specific SO2 emission limits and other requirements in 326 IAC 7-1-16 (Floyd County), 326 IAC 7-1-18 (Morgan County), and 326 IAC 7-1-17 (Warrick County). (i) Incorporation by reference. (A) 326 IAC 7-1-16, Floyd County Sulfur Dioxide Emission Limitations, as published in the March 1, 1988, Indiana Register (IR) at 11 IR 1737. (B) 326 IAC 7-1-18, Morgan County Sulfur Dioxide Emission Limitations, as published on June 1, 1988, at 11 IR 3018. (C) 326 IAC 7-1-17, Warrick County Sulfur Dioxide Emission Limitations, as published on December 1, 1988, at 12 IR 553. (72) On November 16, 1988, Indiana submitted its SO2 plan for Dearborn County; on July 12, 1988, it submitted its SO2 plan for Gibson County; on November 16, 1988, and December 6, 1988, it submitted its SO2 plan for Lake County, and on November 16, 1988, and December 6, 1988, it submitted its SO2 plan for Porter County. These plans consist of the provisions and requirements in 326 IAC 7-1 approved or reinstated for these counties at paragraph (c)(66), any SO2 emission limits in 326 IAC 7-1-2 applicable in these counties (as incorporated by reference at paragraph (c)(66)(i)(C) of this section, and the site-specific SO2 emission limits and other requirements in 326 IAC 7-1-20 (Dearborn County), 326 IAC 7-1-8.1 (Lake County), 326 IAC 7-1-19 (Gibson County), and 326 IAC 7-1-21 (Porter County). (i) Incorporation by reference. (A) 326 IAC 7-1-20, Dearborn County Sulfur Dioxide Emission Limitations, as published in the August 1, 1988, Indiana Register (IR) at 11 IR 3784. (B) 326 IAC 7-1-19, Gibson County Sulfur Dioxide Emission Limitations, as published on June 1, 1988, at 11 IR 3019. (C) 326 IAC 7-1-8.1, Lake County Sulfur Dioxide Emission Limitations, as published on November 1, 1988, at 12 IR 262, and corrected on December 1, 1988, at 12 IR 597. (D) 326 IAC 7-1-21, Porter County Sulfur Dioxide Emission Limitations, as published on November 1, 1988, at 12 IR 259, and corrected on December 1, 1988, at 12 IR 597. (E) 326 IAC 7-1-1, Applicability, as published on December 1, 1988, at 12 IR 552. (73) [Reserved] (74) On July 23, 1987, the Indiana Department of Environmental Management submitted to USEPA a request for a site-specific revision to Indiana's ozone SIP. This revision consists of compliance date extensions until November 7, 1987, for Uniroyal's two fabric coaters and four vinyl printers at its Mishawaka plant, located in St. Joseph County, Indiana. (i) Incorporation by reference. (A) Air pollution Operation Permits Numbers: U 2 33–15A, U 2 34–23, U 2 33–14C, U 2 34–3C, U 2 33–16, U 2 33–18, Date issued December 1, 1988, and Date Expires December 1, 1990. (75) [Reserved] (76) On October 21, 1987, the State submitted 325 IAC 8–1.1–5, Petition for alternative controls, which gives the provisions and requirements for petitioning for reasonably available control technology volatile organic compound plans. On November 16, 1988, the State submitted this rule recodified as 326 IAC 8–1–5, Petition for site-specific reasonably available control technology (RACT) plan. (i) Incorporation by reference. (A) Title 326 Air Pollution Control Board, Indiana Administration Code (IAC) 8–1–5, Petition for site-specific reasonably available control technology (RACT) plan, as published in the April 1, 1988, Indiana Register, at Volume 11 IR 2530. Filed with the Secretary of State on March 10, 1988. (77) [Reserved] (78) On January 18, 1989, and June 23, 1989, Indiana submitted its revised lead plan for the HLP-Lead Plant of Hammond Lead Products, Inc. in Hammond Indiana. Additionally, minor changes were made to Indiana's overall lead rule, 326 IAC 15–1, Lead Emission Limitations. (i) Incorporation by reference. (A) Title 326—Air Pollution Control Board—Indiana Administrative Code (326 IAC) 15–1, as published in the Indiana Register (IR) on July 1, 1989, at 1850. This rule was effective for State purposes on July 14, 1989. (79) [Reserved] (80) On October 15, 1987, the State submitted 325 IAC 8–2–13, Wood Furniture and Cabinet Coating, as a portion of its 1982 ozone plan, which gives provisions and requirements for controlling volatile organic compound (VOC) emissions from sources located in Clark, Floyd, Lake and Porter Counties. On November 16, 1988, the State submitted this rule recodified as 326 IAC 8–2–12, Wood Furniture and Cabinet Coating. (i) Incorporation by reference. (A) Title 326 Air Pollution Control Board, Indiana Administrative Code (IAC) 8–2–1, Applicability of rule; and 326 IAC 8–2–12, Wood furniture and cabinet coating, as published in the April 1, 1988, “Indiana Register” (IR), at 11 IR 2536 and corrected on March 1, 1989, at 12 IR 1394. Filed with the Secretary of State on March 10, 1988. (81) On April 11, 1988, the State submitted, as a portion of its 1982 ozone plan, rules to control volatile organic compound (VOC) emissions in Lake and Porter Counties. These rules consist of the provisions and requirements in 326 IAC 14–1, General Provisions; 326 IAC 14–8, Emission Standards for Equipment Leaks; and 326 IAC 14–9, Emission Limitations for Benzene from Furnace Coke Oven By-product Recovery Plants. (i) Incorporation by reference. (A) Amendments to title 326, Air Pollution Control Board, Indiana Administrative Code (IAC) 14–1 General Provisions; 326 IAC 14–8 Emission Standards for Equipment Leaks; (Fugitive Emission Sources); and 326 IAC 14–9 Emission Limitations for Benzene from Furnace Coke Oven By-Product Recovery Plants, as published in the June 1, 1988, Indiana Register (IR) at 11 IR 3011. Filed with the Secretary of State on April 13, 1988. (82) [Reserved] (83) On January 21, 1981, the State submitted its revised Malfunctions Rule 325 IAC 1.1–5. On November 16, 1988, Indiana submitted its recodified regulations. This rule was renumbered 326 IAC 1–6, Malfunctions. (i) Incorporation by reference. (A) Title 326 of the Indiana Administrative Code (IAC), Rule 326 IAC 1–6: Malfunctions as published in the April 1, 1988, Indiana Register (IR) at 11 IR 2380. Filed with the Secretary of State on March 10, 1988. (ii) Additional materials. (A) On July 2, 1982, the State submitted clarifications of its intent for 325 IAC 1.1–5. (84) On October 27, 1989, and January 19, 1990, Indiana submitted its vehicle inspection and maintenance plan for Clark, Floyd, Lake, and Porter Counties. (i) Incorporation by reference. (A) Title 326, Air Pollution Control Board, of the Indiana Administrative Code (IAC), Rule 13–1, Motor Vehicle Inspection and Maintenance Requirements, Adopted at 13 Indiana Register 500, effective January l, 1990. (85) On December 2, 1983, Indiana submitted its transportation control plan for Clark and Floyd Counties as one element in its ozone plan for the area. Additional material was submitted on May 14, 1986. (i) Incorporation by reference. (A) Chapter 7, Mobile Source Strategies and Reductions, sections A.1.b and exhibits 7–2 and 7–4, as adopted by the Indiana Air Pollution Control Board at its November 2, 1983, meeting. (ii) Additional material. (A) On May 14, 1986, Indiana submitted an April 23, 1986, Letter from Jim Thorne, Transportation Director, Kentuckiana Regional Planning and Development Agency, discussing the Clark and Floyd Counties portion of the Louisville, Kentucky transportation control plan. (86) On February 15, 1990, Indiana submitted an amended rule which updates the applicable edition of the Code of Federal Regulations from the 1987 edition to the 1988 edition. (i) Incorporation by reference. (A) Title 326, Air Pollution Control Board, Indiana Administrative Code (IAC) 1–1–3, References to the Code of Federal Regulations, as published in the February 1, 1990, Indiana Register (IR), Volume 13 at IR 867. Filed with the Secretary of State on December 14, 1989. (87) On October 23, 1990, and August 19, 1991, the Indiana Department of Environmental Management submitted regulations adopted by the Indiana Air Pollution Control Board as part of title 326 of the Indiana Administrative Code and intended incorporation to the Indiana ozone plan as part of the stationary source control strategy. (i) Incorporation by reference. (A) The following volatile organic compound rules adopted by the Indiana Air Pollution Control Board as part of title 326 of the Indiana Administrative Code (326 IAC) and intended to partially satisfy the requirements of the Clean Air Act. (1) Effective October 23, 1988: 326 IAC 8–1–.05 Coating Definition, 326 IAC 8–2–11 Fabric and Vinyl Coating. (2) Effective February 15, 1990: 326 IAC 1–2–48 Non-Photochemically Reactive Hydrocarbon Defined; 326 IAC 8–2–5 Paper Coating Operations. (3) Effective May 18, 1990: 326 IAC 1–2–18.5 Cold Cleaner Degreaser Defined; 326 IAC 1–2–21.5 Conveyorized Degreaser Defined; 326 IAC 1–2–29.5 Freeboard Height Defined; 326 IAC 1–2–29.6 Freeboard Ratio Defined; 326 IAC 1–2–49.5 Open Top Vapor Degreaser Defined; 326 IAC 8–2–9 Miscellaneous Metal Coating Operations; 326 IAC 8–3–1 Organic Solvent Degreasing Operations; 326 IAC 8–5–3 Synthesized Pharmaceutical Manufacturing Operations; 326 IAC 8–5–5 Graphic Arts Operations. (4) Effective June 8, 1990: 326 IAC 8–1–2 Compliance Methods; 326 IAC 1–2–90 Volatile Organic Compound (VOC) Definition; 326 IAC 8–1–4 Testing Procedures. (5) Effective June 5, 1991: 326 IAC 1–2–14 Coating Line Definition; 326 IAC 8–1–1 Applicability of Rule; 326 IAC 8–1–2 Compliance Methods; 326 IAC 8–1–4 Testing Procedures; 326 IAC 8–2–1 Applicability; 326 IAC 8–3–5 Cold Cleaner Degreaser Operation and Control; 326 IAC 8–3–6 Open Top Vapor Degreaser Operation and Control Requirements; 326 IAC 8–3–7 Conveyorized Degreaser Operation and Control; 326 IAC 8–4–8 Leaks from Petroleum Refineries, Monitoring, Reports; 326 IAC 8–5–5 Graphic Arts Operations. (88) On February 15, 1990, the Indiana Department of Environmental Management submitted a request to revise the Indiana State Implementation Plan by adding a site specific particulate matter revision for Navistar International Transportation Corporation (Navistar) gray iron foundry and engine plant in Indianapolis, Indiana. (i) Incorporation by reference. (A) Title 326 Air Pollution Control Board, Indiana Administrative Code (IAC) 6–1–12 as amended, effective January 13, 1990. (89) On July 22, 1991, as supplemented on April 18, 1994, the State submitted regulations adopted by the Indiana Air Pollution Control Board as part of Title 326 of the Indiana Administrative Code for incorporation into the Indiana sulfur dioxide State Implementation Plan. (i) Incorporation by reference. (A) 326 Indiana Administrative Code 7–4–12.1: Gibson County sulfur dioxide emission limitations; effective December 5, 1990. Published in the Indiana Register, Volume 14, Number 3, December 1, 1990. (90) On March 3, 1989, the Indiana Department of Environmental Management submitted a request to revise the Indiana State Implementation Plan (SIP) by adding an emission trade or bubble for Joseph E. Seagram and Sons which is located in Lawrenceburg, Indiana. This requested SIP revision repeals rule 326 Indiana Administrative Code (IAC) 6–1–8, adds a new Section, 326 IAC 6–1–8.1, and amends 326 IAC 6–1–7 to include a reference for the new Section and a recodification of the applicable rule. (i) Incorporation by reference. (A) Title 326 IAC 6–1–7 as published in the Indiana Register Volume 12, Number 6, March 1, 1989, effective April 9, 1989. (B) Title 326, IAC 6–1–8.1, repeal of 326 IAC 6–1–8 as published in the Indiana Register, Volume 12, Number 6, March 1, 1989, effective March 1, 1989. (91) On January 6, 1994, the State of Indiana submitted a requested revision to the Indiana State Implementation Plan (SIP) intended to satisfy the requirements of section 182(a)(3)(B) of the Clean Air Act as amended in 1990. Included were State rules establishing procedures for the annual reporting of emissions of volatile organic material (VOM) and oxides of nitrogen (NOx) as well as other regulated air pollutants by stationary sources in ozone nonattainment areas. (i) Incorporation by reference. (A) Title 326 of the Indiana Administrative Code (326 IAC) 2–6 which was adopted by the Indiana Air Pollution Control Board, effective December 13, 1993. (92) On February 25, 1994, Indiana submitted an employee commute option rule intended to satisfy the requirements of section 182(d)(1)(B) of the Clean Air Act Amendments of 1990. (i) Incorporation by reference. (A) Title 326 of the Indiana Administrative Code, Article 19 MOBILE SOURCE RULES, Rule 1, Employee Commute Options. Filed with the Secretary of State, October 28, 1993, effective November 29, 1993. Published at Indiana Register, Volume 17, Number 3, December 1, 1993. (93) On February 25, 1994, the Indiana Department of Environmental Management requested a revision to the Indiana State Implementation Plan in the form of Stage II Vapor Recovery Rules as amendments to Title 326 of the Indiana Administrative Code (326 IAC) 8–1–0.5 and 8–4–6. (i) Incorporation by reference. (A) 326 IAC 8–1–0.5 Definitions and 8–4–6 Gasoline dispensing facilities. Filed with the Secretary of State October 28, 1993, effective November 29, 1993. Published at Indiana Register, Volume 17, Number 3, December 1, 1993. (94) On February 25, 1994, Indiana requested a revision to the State Implementation Plan (SIP) in the form of amendments to Title 326: Air Pollution Control Board of the Indiana Administrative Code (326 IAC) 2–1–1 and 2–1–3 which were intended to satisfy the additional new source review requirements of the Clean Air Act Amendments of 1990. The USEPA, at this time, is also approving the incorporation of permitting rules Recodified as Article 2. Permit Review Rules of 326 IAC into the SIP to replace APC 19 which was incorporated into the Indiana SIP at 40 CFR 52.770 (c)(24). (i) Incorporation by reference. (A) Amendments to Title 326 IAC 2–1–1, 2–1–2, 2–1–3, 2–3–1, 2–3–2, 2–3–3, and 2–3–5. Filed with the Secretary of State November 12, 1993, effective December 13, 1993. (B) Amendments to Title 326 IAC 2–1–4, 2–1–5, 2–1–6, 2–1–7, 2–1–9, 2–1–10, 2–1–11, 2–1–12, 2–1–13, 2–3–4. Filed with the Secretary of State March 10, 1988, effective April 9, 1988. (95) On May 22, 1994, the Indiana Department of Environmental Management submitted a request to revise the Indiana State Implementation Plan by adding a lead plan for Marion County which consists of a source specific revision to Title 326 of the Indiana Administrative Code (326 IAC) for Refined Metals. (i) Incorporation by reference. (A) Amendments to 326 IAC 15–1–2 Source-specific provisions. Filed with the Secretary of State March 25, 1994. Effective April 24, 1994. Published at Indiana Register, Volume 17, Number 8, May 1, 1994. (96) On August 3, 1994 and February 6, 1995, the Indiana Department of Environmental Management submitted a requested SIP revision to the ozone plan for ozone nonattainment areas. (i) Incorporation by reference. (A) Indiana Administrative Code, Title 326: Air Pollution Control Board, Article 1: General Provisions, Rule 2: Definitions, Section 22.5 “Department” definition, Section 28.5 “Federally enforceable” definition, and Section 64.1 “Reasonably available control technology” or “RACT” definition. Added at 18 Indiana Register 1223–4, effective January 21, 1995. (B) Indiana Administrative Code, Title 326: Air Pollution Control Board, Article 8: Volatile Organic Compound Rules, Rule 7: Specific VOC Reduction Requirements for Lake, Porter, Clark, and Floyd Counties. Added at 18 Indiana Register 1224–9, effective January 21, 1995. (97) On October 25, 1994, the Indiana Department of Environmental Management requested a revision to the Indiana State Implementation Plan in the form of revisions to State Operating Permit Rules intended to satisfy Federal requirements for issuing federally enforceable State operating permits (FESOP) and thereby exempt certain small emission sources from review under the State's title V operating permit program. This FESOP rule is also approved for the purpose of providing federally enforceable emissions limits on hazardous air pollutants listed under section 112(b) of the Clean Air Act. This revision took the form of an amendment to Title 326: Air Pollution Control Board of the Indiana Administrative Code (326 IAC) 2–8 Federally Enforceable State Operating Permit Program. (i) Incorporation by reference. 326 IAC 2–8 Federally Enforceable State Operating Permit Program. Sections 1 through 17. Filed with the Secretary of State May 25, 1994. Effective June 24, 1994. Published at Indiana Register, Volume 17, Number 10, July 1, 1994. (98) On October 25, 1994, the Indiana Department of Environmental Management requested a revision to the Indiana State Implementation Plan in the form of revisions to State Operating Permit Rules intended to allow State permitting authorities the option of integrating requirements determined during preconstruction permit review with those required under title V. The State's Enhanced New Source Review provisions are codified at Title 326: Air Pollution Control Board (326 IAC) 2–1–3.2 Enhanced New Source Review. (i) Incorporation by reference. 326 IAC 2–1–3.2 Enhanced new source review. Filed with the Secretary of State May 25, 1994. Effective June 24, 1994. Published at Indiana Register, Volume 17, Number 10, July 1, 1994. (99) On June 16, 1993, December 9, 1993, September 8, 1994, and November 17, 1994, Indiana submitted a part D particulate matter (PM) nonattainment area plan for the Lake County moderate nonattainment area. (i) Incorporation by reference. (A) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 1: General Provisions, Rule 2: Definitions, Section 32.1: “Gooseneck cap” definition, Section 34.1: “Jumper pipe” definition, Section 62.1: “Quench car” definition, Section 63.1: “Quench reservoir” definition, and Section 63.2: “Quench tower” definition. Added at 16 Indiana Register 2363, effective June 11, 1993. (B) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 5: Opacity Regulations, Rule 1: Opacity Limitations, Section 1: Applicability of rule, Section 2: Visible emissions limitations, Section 3: Temporary exemptions, Section 4: Compliance determination, Section 5: Violations, and Section 7: State implementation plan revisions. Amended at 16 Indiana Register 2363, effective June 11, 1993. (C) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Opacity Limitations, Section 10.1: Lake County PM10 emissions requirements (subsections a through k), Section 10.2: Lake County PM10 coke battery emissions requirements, and Section 11.1: Lake County fugitive particulate matter control requirements. Added at 16 Indiana Register 2363, effective June 11, 1993. (D) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 11: Emissions Limitations for Specific Types of Operations, Rule 3: Coke Oven Batteries, Section 2: Emissions limitations (subsections a through f, and i), and Section 4: Compliance determination. Amended at 16 Indiana Register 2363, effective June 11, 1993. (100) On August 25, 1995, Indiana submitted a regulation which bans residential open burning in Clark, Floyd, Lake, and Porter Counties in Indiana. The regulation allows residential open burning, with certain restrictions, in other parts of the State, and describes other types of open burning which are allowed in Indiana. (i) Incorporation by reference. (A) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 4: Burning Regulations, Rule 1: Open Burning, Section 3: Exemptions. Added at 18 In. Reg. 2408 Effective June 23, 1995. (101) On August 25, 1995, Indiana submitted a regulation which reduced the maximum allowable volatility for gasoline sold in Clark and Floyd Counties to 7.8 psi during the summer control period. The summer control period is June 1, to September 15, for retail outlets and wholesale customers, and May 1, to September 15, for all others. (i) Incorporation by reference. 326 Indiana Administrative Code 13–3 Control of Gasoline Reid Vapor Pressure. Sections 1 through 7. Finally adopted by the Indiana Air Pollution Control Board January 11, 1995. Signed by the Secretary of State July 6, 1995. Effective August 5, 1995. Published at Indiana Register, Volume 18, Number 11, August 1, 1995. (102) On June 6, 1995, and on September 28, 1995 the Indiana Department of Environmental Management submitted State Implementation Plan (SIP) revisions establishing an enhanced inspection and maintenance (I/M) program in accordance with the requirements of the Clean Air Act as amended in 1990. The new enhanced I/M program replaces the basic I/M programs in operation in Lake, Porter, Clark, and Floyd Counties. The Air Pollution Control Board adopted new rule 326 IAC 13–1.1 and repealed existing 326 IAC 13–1, thereby putting in place a revised I/M program. (i) Incorporation by reference. (A) 326 Indiana Administrative Code 13–1.1 adopted April 5, 1995, effective October 1, 1995. (ii) Other material. (A) June 6, 1995 letter and enclosures from the Indiana Department of Environmental Management (IDEM) Commissioner to the Regional Administrator of the United States Environmental Protection Agency (USEPA) submitting Indiana's revision to the ozone State Implementation Plan (SIP). (B) September 28, 1995 letter and enclosures from the IDEM Assistant Commissioner to the Regional Administrator of USEPA submitting supplemental vehicle inspection and maintenance SIP revision information and documentation. (103) On August 25, 1995, the State submitted regulations adopted by the Indiana Air Pollution Control Board as part of title 326 of the Indiana Administrative Code for incorporation into the Indiana sulfur dioxide State Implementation Plan. (i) Incorporation by reference. (A) 326 Indiana Administrative Code 7–4–13(3); Dearborn County sulfur dioxide emission limitations; effective May 18, 1995. Published in the Indiana Register, Volume 18, Number 9, June 1, 1995. (104) On December 20, 1995, and February 14, 1996, Indiana submitted a Clean-Fuel Fleet Program for Lake and Porter Counties as a revision to the State Implementation Plan. (i) Incorporation by reference. 326 Indiana Administrative Code 19–3 Clean Fuel Fleet Vehicles, Sections 1 through 7. Adopted by the Indiana Air Pollution Control Board October 4, 1995. Signed by the Secretary of State December 19, 1995. Effective January 18, 1996. Published at Indiana Register, Volume 19, Number 5, February 1, 1996. (105) On October 25, 1994, the Indiana Department of Environmental Management submitted a requested revision to the Indiana State Implementation Plan in the form of Source Specific Operating Agreement (SSOA) regulations. The SSOA regulations are intended to limit the potential to emit for a source to below the threshold level of Title V of the Clean Air Act. This revision took the form of an amendment to title 326: Air Pollution Control Board of the Indiana Administrative Code (326 IAC) 2–9–1, 2–9–2(a), 2–9–2(b), and 2–9–2(e) Source Specific Operating Agreement Program. (i) Incorporation by reference. 326 Indiana Administrative Code 2–9. Sections 1, 2(a), 2(b), and 2(e). Adopted by the Indiana Air Pollution Control Board March 10, 1994. Signed by the Secretary of State May 25, 1994. Effective June 24, 1994. Published at Indiana Register, Volume 17, Number 10, July 1, 1994. (106) On September 19, 1995, and November 8, 1995, Indiana submitted automobile and mobile equipment refinishing rules for Clark, Floyd, Lake, and Porter Counties as a revision to the State Implementation Plan. This rule requires suppliers and refinishers to meet volatile organic compound content limits or equivalent control measures for coatings used in automobile and mobile equipment refinishing operations in the four counties, as well as establishing certain coating applicator and equipment cleaning requirements. (i) Incorporation by reference. 326 Indiana Administrative Code 8–10: Automobile refinishing, Section 1: Applicability, Section 2: Definitions, Section 3: Requirements, Section 4: Means to limit volatile organic compound emissions, Section 5: Work practice standards, Section 6: Compliance procedures, Section 7: Test procedures, Section 8: Control system operation, maintenance, and monitoring, and Section 9: Record keeping and reporting. Adopted by the Indiana Air Pollution Control Board June 7, 1995. Filed with the Secretary of State October 3, 1995. Published at Indiana Register, Volume 19, Number 2, November 1, 1995. Effective November 2, 1995. (107) On August 8, 1995, Indiana submitted a site specific SIP revision request for Richmond Power and Light in Wayne County Indiana. The submitted revisions provide for revised particulate matter and opacity limitations on the number 1 and number 2 coal fired boilers at Richmond Power and Light's Whitewater Generating Station. The revisions also allow for time weighted averaging of stack test results at Richmond Power and Light to account for soot blowing. Indiana is making revisions to 326 IAC 3–2–1, which currently allows Indiana to authorize alternative emission test methods for Richmond Power and Light. Until the rule is revised to remove this authority, and approved by the United States Environmental Protection Agency, no alternate emission test method, changes in test procedures or alternate operating load levels during testing is to be granted to Richmond Power and Light. (i) Incorporation by reference. Indiana Administrative Code Title 326: Air Pollution Control Board, Article 3: Monitoring Requirements, Rule 2.1: Source Sampling Procedures, Section 5: Specific Testing Procedures; Particulate Matter; Sulfur Dioxide; Nitrogen Oxides; Volatile Organic Compounds; Article 5: Opacity Regulations, Rule 1: Opacity Limitations, Section 2: Visible Emission Limitations; and Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Section 14: Wayne County. Added at 18 In. Reg. 2725. Effective July 15, 1995. (ii) Additional information. (A) August 8, 1995 letter from the Indiana Department of Environmental Management to USEPA Region 5 regarding submittal of a state implementation plan revision for Richmond Power and Light. (108) On August 29, 1995, Indiana submitted a site specific SIP revision request for Allison Engine Company in Marion County, Indiana. The revision provides limits of 0 tons per year for boilers 2 and 11, which have shut down. The hourly mass limits remain unchanged at 0.337 pounds per million British Thermal Units (lbs/MMBTU) for boilers 1–4 of plant 5, 0.15 lbs/MMBTU for boilers 3–6 of plant 8, and 0.15 lbs/MMBTU for boilers 7–10 of plant 8. The rule provides for a combined limit of 130.0 tons per year for the boilers mentioned above, as well as new limits on the types and amounts of fuel which may be burned at the boilers, and a recordkeeping requirement to document compliance. (i) Incorporation by reference. Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Section 12: Marion County. Added at 19 In. Reg. 186. Effective November 3, 1995. (109) On October 25, 1994, and April 29, 1997, the Indiana Department of Environmental Management requested a revision to the Indiana State Implementation Plan in the form of revisions to the General Provisions and Permit Review Rules intended to update and add regulations which have been effected by recent SIP revisions, and to change regulations for streamlining purposes. This revision took the form of an amendment to Title 326: Air Pollution Control Board of the Indiana Administrative Code (326 IAC) 1–1 Provisions Applicable Throughout Title 326, 1–2 Definitions, 1–6 Malfunctions, 2–1 Construction and Operating Permit Requirements. (i) Incorporation by reference. 326 IAC 1–1–2 and 1–1–3. 326 IAC 1–2–2, 1–2–4, 1–2–12, 1–2–33.1, and 1–2–33.2. 326 IAC 1–6–1. 326 IAC 2–1–1, 2–1–3, and 2–1–10. Adopted by the Indiana Air Pollution Control Board March 10, 1994. Filed with the Secretary of State May 25, 1994. Effective June 24, 1994. Published at Indiana Register, Volume 17, Number 10, July 1, 1994. (110) On November 21, 1995, and February 14, 1996, Indiana submitted Municipal Solid Waste (MSW) Landfill rules for Clark, Floyd, Lake, and Porter Counties as a revision to the State Implementation Plan. This rule requires MSW landfills that emit greater than fifty-five tons per day of non-methane organic compound, or that have a minimum design capacity of one hundred eleven thousand tons (one hundred thousand megagrams) of solid waste, to install a landfill gas collection and control system that either incinerates the gas or recovers the gas for energy use. (i) Incorporation by reference. 326 Indiana Administrative Code 8–8 Municipal Solid Waste Landfills, Section 1 Applicability, Section 2 Definitions, Section 3 Requirements; incorporation by reference of federal standards, Section 4 Compliance deadlines. Adopted by the Indiana Air Pollution Control Board July 12, 1995. Filed with the Secretary of State December 19, 1995. Published at Indiana Register, Volume 19, Number 5, February 1, 1996. Effective January 18, 1996. (111) On November 21, 1995, and February 14, 1996, Indiana submitted a rule for the control of volatile organic compound emissions from volatile organic liquid storage operations in Clark, Floyd, Lake, and Porter Counties. (i) Incorporation by reference. 326 Indiana Administrative Code 8–9: Volatile Organic Liquid Storage Vessels, Section 1: Applicability, Section 2: Exemptions, Section 3: Definitions, Section 4: Standards, Section 5: Testing and procedures, Section 6: Record keeping and reporting requirements. Adopted by the Indiana Air Pollution Control Board May 3, 1995. Filed with the Secretary of State December 19, 1995. Published at Indiana Register, Volume 19, Number 5, February 1, 1996. Effective January 18, 1996. (112) [Reserved] (113) On February 13, 1996, and June 27, 1996, Indiana submitted rules for the control of volatile organic compound emissions from shipbuilding and ship repair operations in Clark, Floyd, Lake, and Porter Counties as a revision to the State Implementation Plan. (i) Incorporation by reference. 326 Indiana Administrative Code 8–12: Shipbuilding or Ship Repair operations in Clark, Floyd, Lake, and Porter Counties, Section 1: Applicability, Section 2: Exemptions, Section 3: Definitions, Section 4: Volatile organic compound emissions limiting requirements, Section 5: Compliance requirements, Section 6: Test methods and procedures, and Section 7: Record keeping, notification, and reporting requirements. Adopted by the Indiana Air Pollution Control Board September 6, 1995. Filed with the Secretary of State April 1, 1996. Published at Indiana Register, Volume 19, Number 8, May 1, 1996. Effective May 1, 1996. (114) On November 21, 1995, and February 14, 1996, Indiana submitted regulations for wood furniture coating operations in Clark, Floyd, Lake, and Porter Counties as a revision to the State Implementation Plan for ozone. (i) Incorporation by reference. 326 Indiana Administrative Code 8–11 Wood Furniture Coatings, Section 1 Applicability, Section 2 Definitions, Section 3 Emission limits, Section 4 Work practice standards, Section 5 Continuous compliance plan, Section 6 Compliance procedures and monitoring requirements, Section 7 Test procedures, Section 8 Recordkeeping requirements, Section 9 Reporting requirements, Section 10 Provisions for sources electing to use emission averaging. Adopted by the Indiana Air Pollution Control Board May 3, 1995. Filed with the Secretary of State December 5, 1996. Published at Indiana Register, Volume 19, Number 5, February 1, 1996. Effective January 4, 1996. (115) [Reserved] (116) On September 20, 1996 the Indiana Department of Environmental Management submitted a request to revise the Indiana State Implementation Plan by adding parachlorobenzotrifluoride (PCBTF), cyclic, branched or linear completely methylated siloxanes and acetone to the definition of “nonphotochemically reactive hydrocarbon,” and by deleting “vegetable oil” from a list of compounds not considered to be volatile organic compounds (VOC) from the definition of VOC (thus including “vegetable oil” as a “VOC”). (i) Incorporation by reference. (A) 326 IAC 1–2–48 “nonphotochemically reactive hydrocarbon”. Sections 48(a)(22) “parachlorobenzotrifluoride” and (23) “cyclic, branched, or linear completely methylated siloxanes.” 326 IAC 1–2–90 “volatile organic compound (VOC)” definition. Section 90. Published in Indiana Register, Volume 19, Number 1, October 1, 1995, page 29. Filed with the Secretary of State September 5, 1995, effective October 5, 1995. (B) 326 IAC 1–2–48 “nonphotochemically reactive hydrocarbon.” Section 48(a)(24) “acetone” (CAS Number 67–64–1). Published in Indiana Register, Volume 19, Number 10, July 1, 1996, page 2856. Filed with the Secretary of State, May 13, 1996, effective June 12, 1996. (117) [Reserved] (118) On July 12, 1995, Indiana submitted as a revision to the State Implementation Plan construction permits CP 019–2110, CP 019–2696, and CP 019–4362, issued under Indiana rule 326 IAC 2–1. The permits establish volatile organic compound control requirements for Rhodes Incorporated's heatset web offset printing presses. (i) Incorporation by reference. Construction Permit CP 019–2110, issued and effective October 15, 1991; Construction Permit CP 019–2696, issued and effective December 18, 1992; Construction permit CP 019–4362, issued and effective April 21, 1995. (119) Approval—On October 2, 1996, the State of Indiana submitted a State Implementation Plan revision request to eliminate references to total suspended particulates (TSP) while maintaining the existing opacity requirements. The SIP revision became effective July 19, 1996. The SIP revision request satisfies all applicable requirements of the Clean Air Act. (i) Incorporation by reference. 326 Indiana Administrative Code 5–1: Opacity Limitations, Section 1: Applicability of Rule, Section 2: Visible emission limitations. Adopted by the Indiana Air Pollution Control Board April 3, 1996. Filed with the Secretary of State June 19, 1996. Published at the Indiana Register, Volume 19, Number 11, August 1, 1996 (19 IR 3049). Effective July 19, 1996. (120) On August 26, 1996, Indiana submitted a rule requiring an oxides of nitrogen (NOX) reasonably available control technology (RACT) rule for the Clark and Floyd Counties moderate ozone nonattainment area as a revision to the State Implementation Plan. (i) Incorporation by reference. 326 Indiana Administrative Code 10: Nitrogen Oxides Rules. Rule 1: Nitrogen Oxides Control in Clark and Floyd Counties. Section 1: Applicability, Section 2: Definitions, Section 3: Requirements, Section 4: Emission limits, Section 5: Compliance procedures, Section 6: Emissions monitoring, and Section 7: Certification, record keeping, and reports. Adopted by the Indiana Air Pollution Control Board February 7, 1996. Filed with the Secretary of State May 13, 1996. Published at Indiana Register, Volume 19, Number 10, July 1, 1996. Effective June 12, 1996. (121) On January 23, 1997, the Indiana Department of Environmental Management submitted a revision to the State Implementation Plan (SIP) for the general conformity rules. The general conformity SIP revision enables the State of Indiana to implement and enforce the Federal general conformity requirements in the nonattainment and maintenance areas at the State and local level in accordance with 40 CFR part 51, subpart W—Determining Conformity of General Federal Actions to State or Federal Implementation Plans. (i) Incorporation by reference. 326 Indiana Administrative Code 16–3: General Conformity, Section 1: Applicability; incorporation by reference of Federal standards. Adopted by the Indiana Air Pollution Control Board April 3, 1996. Filed with the Secretary of State June 6, 1996. Published at the Indiana Register, Volume 19, Number 11, August 1, 1996 (19 IR 3050). Effective July 6, 1996. (122) On July 24, 1997, Indiana submitted rules requiring record keeping and reporting requirements for graphic arts sources of volatile organic compounds and amended source applicability requirements for graphic arts sources located in Lake and Porter Counties as a revision to the State Implementation Plan. (i) Incorporation by reference. (A) 326 IAC 8–1–9 General record keeping and reporting requirements. 326 IAC 8–1–10 Compliance certification, record keeping, and reporting requirements for certain coating facilities using compliant coatings. 326 IAC 8–1–11 Compliance certification, record keeping, and reporting requirements for certain coating facilities using daily weighted averaging. 326 IAC 8–1–12 Compliance certification, record keeping, and reporting requirements for certain coating facilities using control devices. Adopted by the Indiana Air Pollution Control Board November 6, 1996. Filed with the Secretary of State April 22, 1997. Published at Indiana Register, Volume 20, Number 9, June 1, 1997. Effective May 22, 1997. (B) 326 IAC 8–5–5 Graphic arts operations. Adopted by the Indiana Air Pollution Control Board November 6, 1996. Filed with the Secretary of State April 22, 1997. Published at Indiana Register, Volume 20, Number 9, June 1, 1997. Effective May 22, 1997. (123) On July 9, 1997, Indiana submitted a site specific SIP revision request for the University of Notre Dame in Saint Joseph County, Indiana. The submitted revision amends 326 IAC 6–1–18, and provides for revised particulate matter and heat input limitations on the five boilers at Notre Dame's power plant. (i) Incorporation by reference. Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Section 18: St. Joseph County. Added at 20 In. Reg. 2299. Effective May 22, 1997. (124) On February 3, 1999, and May 17, 2000, Indiana submitted revised particulate matter emissions regulations for Allison Transmission in Marion County, Indiana. The submittal amends 326 IAC 6–1–12, and includes the combination of annual emissions limits for 5 boilers into one overall limit as well as new recordkeeping requirements. (i) Incorporation by reference. Emissions limits and recordkeeping requirements for Allison Transmission in Marion County contained in Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Section 12: Marion County. Added at 22 In. Reg. 416. Effective October 16, 1998. (125) On April 6, 1999, Indiana submitted amended rules for the control of volatile organic compound emissions from vehicle refueling in Clark, Floyd, Lake, and Porter Counties as a revision to the State Implementation Plan. (i) Incorporation by reference. 326 Indiana Administrative Code 8–1: General Provisions, Section 0.5: Definitions and 326 Indiana Administrative Code 8–4: Petroleum Sources, Section 6: Gasoline Dispensing Facilities. Adopted by the Indiana Air Pollution Control Board May 3, 1995. Filed with the Secretary of State September 18, 1995. Published at Indiana Register, Volume 19, Number 2, November 1, 1995. Effective October 18, 1995. (126) On August 18, 1999, Indiana submitted amendments to the State's automobile refinishing rule for Lake, Porter, Clark, and Floyd Counties. (i) Incorporation by reference. 326 Indiana Administrative Code 8–10: Automobile Refinishing, Section 1: Applicability, Section 5: Work practice standards, Section 6: Compliance procedures, Section 9: Recordkeeping and reporting. Adopted by the Indiana Air Pollution Control Board February 4, 1998. Filed with the Secretary of State July 14, 1998. Published at Indiana Register, Volume 21, Number 12, page 4518, September 1, 1998. Effective August 13, 1998. (127) On August 18, 1999, Indiana submitted rules for controlling Volatile Organic Compound (VOC) emissions in Vanderburgh County. The rules contain control requirements for Stage I gasoline vapor recovery equipment, and a requirement for automobile refinishers to use special coating application equipment (automobile refinishing spray guns) to reduce VOC. (i) Incorporation by reference. (A) 326 Indiana Administrative Code 8–4: Petroleum Sources, Section 1: Applicability, Subsection (c). Adopted by the Indiana Air Pollution Control Board November 4, 1998. Filed with the Secretary of State April 23, 1999. Published at Indiana Register, Volume 22, Number 9, June 1, 1999. Effective May 23, 1999. (B) 326 Indiana Administrative Code 8–10: Automobile Refinishing, Section 1: Applicability, Section 3: Requirements. Adopted by the Indiana Air Pollution Control Board November 4, 1998. Filed with the Secretary of State April 23, 1999. Published at Indiana Register, Volume 22, Number 9, June 1, 1999. Effective May 23, 1999. (128) [Reserved] (129) On May 18, 1999, the Indiana Department of Environmental Management submitted revised site-specific lead emission limits for Hammond Group—Halstab Division located in Hammond (Lake County), Indiana. The revised emission limits are expressed as pounds-per-hour limits ranging from 0.04 to 0.07 applicable to sixteen separate emissions points. The revised emission limits will result in the reduction of total allowable lead emissions from 31,546 pounds per year as provided for in the current federally-approved State Implementation Plan to 6,832.8 pounds per year. (i) Incorporation by reference. (A) Indiana Administrative Code 326: Air Pollution Control Board, Article 15 Lead, Rule 1 Lead Emissions Limitations, Section 2—Source Specific Provisions, subsection (a), subdivision 7, clauses (A) through (G). Amended at 22 Indiana Register 1427, effective February 5, 1999. (130) On February 3, 1999, Indiana submitted a site specific SIP revision request for the Central Soya Company, Incorporated, Marion County, Indiana. The submitted revision amends 326 IAC 6–1–12(a), and provides for revised particulate matter emission totals for a number of source operations at the plant. The revision reflects the closure of nine operations and the addition of five new ones, resulting in a net reduction in particulate matter emissions. (i) Incorporation by reference. The entry for Central Soya Company, Incorporated contained in Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Section 12: Marion County. Subsection (a) amended at 22, Indiana Register 416, effective October 16, 1998. (131) On April 6, 1999, Indiana submitted rules for the control of volatile organic compound emissions from steel mill sinter plant operations in Lake and Porter Counties as a revision to the State Implementation Plan. (i) Incorporation by reference. 326 Indiana Administrative Code 8–13: Sinter Plants. Adopted by the Indiana Air Pollution Control Board March 4, 1998. Filed with the Secretary of State June 24, 1998. Published at Indiana Register, Volume 21, Number 11, August 1, 1998. Effective July 24, 1998. (132) On February 3, 1999, Indiana submitted revised particulate matter emissions regulations for Dubois County, Indiana. The submitted revision amends 326 IAC 6–1–9, and includes relaxation of some PM limits, the elimination of limits for boilers which are no longer operating, updated facility names, and changes to boiler fuel types. (i) Incorporation by reference. Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Section 9: Dubois County. Added at 22 In. Reg. 423. Effective October 18, 1998. (133) On November 22, 1999, Indiana submitted revised particulate matter emissions regulations for Indianapolis Power and Light Company in Marion County, Indiana. The submittal amends 326 IAC 6–1–12, and includes relaxation of some PM limits, tightening of other limits, and the elimination of limits for several boilers which are no longer operating. The revisions also include the combination of annual emissions limits for several boilers, and correction of a typographical error in one limit. (i) Incorporation by reference. Emissions limits for Indianapolis Power and Light in Marion County contained in Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Section 12: Marion County, subsection (a). Added at 22 In. Reg. 2857. Effective May 27, 1999. (134) On February 3, 1999, the State of Indiana submitted a revision to particulate matter limitations for the Lever Brothers facility in Lake County. On December 28, 1999, Indiana submitted revisions to particulate matter and sulfur dioxide limitations for NIPSCo's Dean Mitchell Station. (i) Incorporation by reference. (A) Title 326 of the Indiana Administrative Code (326 IAC) 6–1–10.1 (d)(28) and (d)(33), filed with the Secretary of State on May 13, 1999, effective June 12, 1999. Published at Indiana Register Volume 22, Number 10, July 1, 1999 (22 IR 3047). (B) Title 326 of the Indiana Administrative Code (326 IAC) 7–4–1.1 (c)(17), filed with the Secretary of State on May 13, 1999, effective June 12, 1999. Published at Indiana Register Volume 22, Number 10, July 1, 1999 (22 IR 3070). (135) On January 1, 2000, Indiana submitted revised opacity limits for three processes at ALCOA Warrick Operations. The revised limits allow higher opacity emissions during fluxing operations at three casting complexes. This action does not change mass emissions limits for these sources. (i) Incorporation by reference. (A) Modifications to Operating Permits OP 87–07–91–0112 thru 0116: Permit I.D. 173–10913, Issued on October 1, 1999, to ALCOA, Inc.—Warrick Operations. Effective October 1, 1999. (B) Modifications to Operating Permit OP 87–07–91–0113: Permit I.D. 173–11414, Issued on December 15, 1999, to ALCOA, Inc.—Warrick Operations. Effective December 15, 1999. (136) On August 30, 1999, and May 17, 2000, Indiana submitted revised particulate matter and sulfur dioxide emissions regulations for National Starch in Marion County, Indiana. The submittal amends 326 IAC 6–1–12, and includes elimination of shut down sources from the rules, increases in some limits, and a decrease in one limit. (i) Incorporation by reference. (a) Emissions limits for National Starch in Marion County contained in Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Section 12: Marion County. Added at 22 In. Reg. 1953. Effective March 11, 1999. (b) Emissions limits for National Starch in Marion County contained in Indiana Administrative Code Title 326: Air Pollution Control Board, Article 7: Sulfur Dioxide Rules, Rule 4: Emission Limitations and Requirements by County, Section 2: Marion County Sulfur Dioxide Emission Limitations. Added at 22 In. Reg. 1953. Effective March 11, 1999. (138) On August 2, 2000, Indiana submitted revised total suspended particulate emissions regulations for Illinois Cereal Mills, Incorporated in Marion County, Indiana. The submittal amends 326 IAC 6–1–12(a). It includes an increase in the annual particulate matter limit from 0.7 tons per year (TPY) to 1.0 TPY for a boiler and a decrease in the annual limit from 6.3 TPY to 6.0 TPY for a grain elevator. (i) Incorporation by reference. Emissions limits for Illinois Cereal Mills, Incorporated in Marion County contained in Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area Limitations, Section 12: Marion County, subsection (a). Filed with the Secretary of State on May 26, 2000 and effective on June 25, 2000. Published in 23 Indiana Register 2414 on July 1, 2000. (139) On December 30, 1999, Indiana submitted revised total suspended particulate emissions regulations for Johns Manville Corporation in Wayne County. The submittal appends 326 IAC 6–1–14. It includes raising seven long-term emissions limits, lowering one short-term limit, removing one emissions source, and a name change for the company. The long-term limits are being raised to allow to facility to operate 8760 hours annually. Switching fuel for a boiler allows its short-term limit to be decreased. One emissions source was removed from this facility. The Johns Manville, Wayne County, facility was formerly known as Schuller International, Incorporated. (i) Incorporation by reference. Emissions limits for Johns Manville Corporation in Wayne County contained in Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area Limitations, Section 14: Wayne County. Filed with the Secretary of State on September 24, 1999, and effective on October 24, 1999. Published in 23 Indiana Register 301 on November 1, 1999. (140) On August 31, 2000, Indiana submitted revised particulate matter emissions regulations for Rolls-Royce Allison in Marion County, Indiana. The submittal amends 326 IAC 6–1–12(a). It includes a name change for the company from the Allison Engine Company to Rolls-Royce Allison and the addition of an alternate fuel, landfill gas. Landfill gas can be used in boilers 1 through 4 of plant 5 and boilers 3, 4, and 7 through 10 of plant 8. These state implementation plan revisions do not change the particulate matter emissions limits. (i) Incorporated by reference. Amendments to Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area Limitations, Section 12: Marion County, subsection (a). Filed with the Secretary of State on May 26, 2000 and effective on June 25, 2000. Published in 23 Indiana Register 2419 on July 1, 2000. (141) On February 16, 2001 Indiana submitted revised particulate matter emissions regulations for Cerestar USA, Inc. The submittal amends 326 IAC 6–1–10.1, and includes the elimination of 18 emission points, the addition of 39 new emission points, and a change in the way the short-term emission limits are expressed (from pounds of particulate matter per ton of product to grains per dry standard cubic feet). The revision also changes the name of the facility listed in the rules from American Maize Products (Amaizo) to Cerestar USA, Inc. (i) Incorporation by reference. Emissions limits for Cerestar USA, Inc. in Lake County contained in Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, Section 10.1: Lake County PM10 emission requirements. Added at 24 In. Reg. 1308. Effective January 13, 2001. (142) On June 8, 2000 the Indiana Department of Environmental Management submitted a State Implementation Plan (SIP) revision amending certain provisions of the Indiana vehicle inspection and maintenance (I/M) program in operation in Lake, Porter, Clark, and Floyd Counties. Among the most significant changes being made to the program include: the exemption of the current calendar year model vehicle plus the (3) previous model years vehicles from emission testing; the inclusion of language that allows the use of the IM93 alternative vehicle emission test currently being used in the program; language that updates the requirement to test vehicles equipped with second generation on-board diagnostics systems (OBDII); and the elimination of the off-cycle test, which is the emission test currently required when there is a change in possession of motor vehicle titles. The Air Pollution Control Board amended 326 IAC 13–1.1 and repealed 326 IAC 13–1.1–17, thereby putting in place the revisions to the I/M program. (i) Incorporation by reference. (A) 326 Indiana Administrative Code 13–1.1 adopted December 2, 1998, effective January 22, 1999. (ii) Other material. (A) June 8, 2000 letter and enclosures from the Indiana Department of Environmental Management (IDEM) Commissioner to the Regional Administrator of the United States Environmental Protection Agency (USEPA) submitting Indiana's revision to the ozone State Implementation Plan (SIP). (143) On November 15, 2000, the State submitted rules to reduce volatile organic compound emissions from cold cleaning degreasing. (i) Incorporation by reference. 326 Indiana Administrative Code 8–3: Organic Solvent Degreasing Operations, Section 1, Applicability, and Section 8, Material Requirements for Cold Cleaning Degreasers. Final adoption by the Indiana Air Pollution Control Board on November 4, 1998. Filed with the Secretary of State on April 27, 1999. Effective May 27, 1999. Published at Indiana Register, Volume 22, Number 9, June 1, 1999. (144) On August 20, 2001 and September 19, 2001, Indiana submitted a plan in response to Phase I of the NOX SIP Call. The plan includes Indiana's Phase I NOX Budget Demonstration and supporting documentation including initial unit allocations and two new rules: 326 IAC 10–3 and 326 IAC 10–4. (i) Incorporation by reference. (A) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 10; Ozone rules, Rule 3: Nitrogen Oxide Reduction Program for Specific Source Categories (326 IAC 10–3). Adopted June 6, 2001. Submitted August 20, 2001 and September 19, 2001. State effective September 16, 2001. (B) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 10; Ozone rules, Rule 4: Nitrogen Oxides Budget Trading Program (326 IAC 10–4). Adopted June 6, 2001. Submitted August 20, 2001 and September 19, 2001. State effective September 16, 2001. (145) Indiana submitted on December 17, 1997, as part of the 9% Rate of Progress Plan, an agreed order between U.S. Steel and the Indiana Department of Environmental Management. Section 3 of Exhibit E requires U.S. Steel to establish a coke plant process water treatment plant at its Gary Works. (i) Incorporation by reference. (A) Section 3 of Exhibit E of the March 22, 1996, Agreed Order between U.S. Steel (currently USX Corporation) and the Indiana Department of Environmental Management. (146) On October 21, 1999, Indiana submitted revised state opacity regulations. The submittal amends 326 IAC 5–1–1, 5–1–2, 5–1–3, 5–1–4(b), and 5–1–5(b). The revisions address provisions concerning the startup and shutdown of operations, averaging period terminology, temporary exemptions, alternative opacity limits, and conflicts between continuous opacity monitor and visual readings. (i) Incorporation by reference. Opacity limits for Indiana contained in Indiana Administrative Code Title 326: Air Pollution Control Board, Article 5: Opacity Regulations. Filed with the Secretary of State on October 9, 1998 and effective on November 8, 1998. Published in 22 Indiana Register 426 on November 1, 1998. (ii) Additional material. Letter of October 10, 2001, from Janet McCabe, Indiana Department of Environmental Management, Assistant Commissioner of the Office of Air Quality, to Stephen Rothblatt, US EPA Region 5, Chief of Air Programs Branch. The letter adds the technical justification and air quality analysis required for alternate opacity limits. (147) On February 1, 2002, Indiana submitted its Prevention of Significant Deterioration rules as a revision to the State implementation plan. (i) Incorporation by reference. (A) Title 326 of the Indiana Administrative Code, Rules 2–2–1, 2–2–2, 2–2–3, 2–2–4, 2–2–5, 2–2–6, 2–2–7, 2–2–9, 2–2–12, and 2–2–14. Filed with the Secretary of State on December 20, 2001, effective January 19, 2002. (B) Title 326 of the Indiana Administrative Code, Rules 2–2–8, 2–2–10, 2–2–11, 2–2–13, 2–2–15 and 2–2–16. Filed with the Secretary of State on March 23, 2001, effective April 22, 2001. (C) Title 326 of the Indiana Administrative Code, Rules 2–1.1–6 and 2–1.1–8. Filed with the Secretary of State on November 25, 1998, effective December 25, 1998. Errata filed with the Secretary of State on May 12, 1999, effective June 26, 1999. (148) On August 8, 2001, the State submitted rules to incorporate by reference Federal capture efficiency test methods. The submittal amends 326 IAC 8–1–4. (i) Incorporation by reference. Title 326: Air Pollution Control Board; Article 8: Volatile Organic Compound Rules; Rule 1: General Provisions; Section 4: Testing procedures. Filed with the Secretary of State on June 15, 2001 and effective on July 15, 2001. Published in 24 Indiana Register 3619 on August 1, 2001. (149) [Reserved] (150) On July 18, 2000 the Indiana Department of Environmental Management submitted a State Implementation Plan (SIP) revision amending certain provisions of Indiana's gasoline transport testing requirements with additional material submitted on January 11, 2002 and March 13, 2002. The Air Pollution Control Board amended 326 IAC 8–4–7 and 326 IAC 8–4–9 and added 326 IAC 20–10. (i) Incorporation by reference. (A) 326 Indiana Administrative Code 8–4–7; 8–4–9; and 20–10–01 adopted May 5, 1999, effective November 5, 1999. (ii) Additional materials. (A) July 18, 2000 letter and enclosures from the Indiana Department of Environmental Management (IDEM) Commissioner to the Regional Administrator of the United States Environmental Protection Agency (EPA) submitting Indiana's revision to the ozone SIP. (B) January 11, 2002 letter and enclosures from IDEM to EPA submitted as an addendum to the July 18, 2000 revision to the ozone SIP. (C) March 13, 2002 letter and enclosures from IDEM to EPA submitted as an addendum to the July 18, 2000 revision to the ozone SIP. (151) On March 5, 2002, the Indiana Department of Environmental Management requested a revision to the Indiana State Implementation Plan in the form of revisions to the Permit Review Rules intended to add regulations to assure that construction permit conditions exist independently of title V permits. This revision took the form of an amendment to Title 326: Air Pollution Control Board of the Indiana Administrative Code (326 IAC) 2–1.1–9.5 General Provisions; Term of Permit. (i) Incorporation by reference. (A) Indiana Administrative Code Rules 326 IAC 2–1.1–9.5. Adopted by the Indiana Air Pollution Control Board October 3, 2001. Filed with the Secretary of State December 20, 2001. Effective January 19, 2002. Published at Indiana Register, Volume 25, Number 5, February 1, 2002. (152) On December 19, 2001, Indiana submitted revised Particulate Matter (PM) control requirements. A March 17, 2003 letter from Indiana clarified what portions of the original submission the State was seeking revisions for. EPA is approving revisions for certain natural gas combustion sources in Indiana and various cleanup revisions to Indiana's PM rules. One revision eliminates PM emissions limits on specified natural gas combustion sources and replaces the limits with a requirement that such sources may only burn natural gas. The submission also contains many cleanup provisions such as eliminating limits for sources which have shut down and updating names of sources. (i) Incorporation by reference. (A) Indiana Administrative Code (IAC) Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations, IAC 6–1–1.5: Definitions; IAC 6–1–2: Particulate emission limitations; fuel combustion steam generators, asphalt concrete plant, grain elevators, foundries, mineral aggregate operations; modification by commissioner; IAC 6–1–3: Non-attainment area particulate limitations; compliance determination; IAC 6–1–4: Compliance schedules; IAC 6–1–5: Control strategies; IAC 6–1–6: State Implementation Plan revisions; IAC 6–1–8.1: Dearborn County particulate matter emissions limitations; IAC 6–1–9: Dubois County; IAC 6–1–10.1: Lake County PM10 emission requirements, Subsections (a) through (k); IAC 6–1–11.1: Lake County fugitive particulate matter control requirements; IAC 6–1–12: Marion County; IAC 6–1–13: Vigo County; IAC 6–1–14: Wayne County; IAC 6–1–15: Howard County; IAC 6–1–16: Vanderburgh County; IAC 6–1–17: Clark County; and, IAC 6–1–18: St. Joseph County. Adopted by the Indiana Air Pollution Control Board August 1, 2001. Filed with the Secretary of State November 8, 2001. Published in the Indiana Register, Volume 25, Number 3, December 1, 2001 at 709. State effective December 8, 2001. (B) Indiana Administrative Code (IAC) Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area Limitations, 6–1–1: Applicability. Adopted by the Indiana Air Pollution Control Board August 1, 2001. Filed with the Secretary of State November 8, 2001. Published in the Indiana Register, Volume 25, Number 3, December 1, 2001 at 709. State effective, December 8, 2001. Amended by Errata filed with the Secretary of State January 10, 2002. Published in the Indiana Register, Volume 25, Number 5, February 1, 2002 at 1644. State effective, February 24, 2002. And amended by Errata filed with the Secretary of State October 2, 2002. Published in the Indiana Register, Volume 26, Number 2, November 1, 2002 at 383. State effective, November 16, 2002. (153) On April 30, 2002 and September 6, 2002, Indiana submitted revised particulate matter regulations for Union Tank Car's railcar manufacturing facility in Lake County, Indiana. The submittal amends 326 IAC 6–1–10.1. The revisions consist of relaxing the limits for the grit blaster. The new limits are 0.01 grains per dry standard cubic foot and 9.9 pounds per hour. (i) Incorporation by reference. Amendments to Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area Limitations, Section 10.1: Lake County PM10 emission requirements. Filed with the Secretary of State on July 26, 2002 and effective on August 25, 2002. Published in 25 Indiana Register 4076 on September 1, 2002. (154) On August 08, 2001, Indiana submitted revised volatile organic Compound control requirements for certain facilities in the Indiana shipbuilding and ship repair industry. This submittal changes the individual and plantwide coating exemption levels and makes revisions to the compliance requirements, test methods and recordkeeping requirements. On October 1, 2002, Indiana submitted a letter providing its interpretation of certain of the above requirements. (i) Incorporation by reference. (A) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 8: Volatile Organic Compounds, Rule 12: Shipbuilding or Ship Repair Operations in Clark, Floyd, Lake, and Porter Counties, Section 2: Exemptions, Section 4: Volatile organic compound emissions limiting requirements, Section 5: Compliance requirements, Section 6: Test methods and procedures, Section 7: Recordkeeping, notification, and reporting requirements. Adopted by the Indiana Air Pollution Control Board on February 7, 2001. Filed with the Secretary of State June 15, 2001, effective July 15, 2001. (B) An October 1, 2002, letter from the Indiana Department of Environmental Management which provides background information on its shipbuilding and ship repair rule revisions and its interpretation of certain of these requirements. (155) On October 17, 2002, the State submitted revised particulate matter emission limits for the Knauf Fiber Glass in Shelby County for incorporation into the Indiana SIP. (i) Incoropration by reference. (A) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 11 Emission Limitations for Specific Types of Operations, Rule 4 Fiberglass Insulation Manufacturing, Paragraph 5 Shelby County (326 IAC 11–4–5). Adopted by the Indiana Air Pollution Control Board on May 1, 2002. Filed with the Secretary of State on August 28, 2002. Published in the Indiana Register, Volume 26, Number 1, October 1, 2002, effective September 27, 2002. (156) On April 3, 2000 the State submitted a revision to Indiana's State Implementation Plan to allow the Department of the Navy use of military specification coatings containing volatile organic compound (VOC) control requirements with content up to 5.45 pounds of VOC per gallon of coating less water for the projectile renovations operations in Building 2728 at the Naval Surface Warfare Center, Crane Division. (i) Incorporation by reference. (A) Part 70 Significant Source Modification No.: 101–11153–00005 as issued by the Indiana Air Pollution Control Board on October 12, 1999. (157) On December 19, 2001, and February 11, 2004, Indiana submitted revised volatile organic compound (VOC) emissions regulations for Eli Lilly and Company in Marion County. The submission provides alternate VOC control requirements for reactors, vacuum dryers, centrifuges, and filters in the pilot plant. The alternate control requirements are being approved under site-specific Reasonably Available Control Technology standards. (i) Incorporation by reference. (A) Commissioner's Order #2003–02 as issued by the Indiana Department of Environmental Management on February 11, 2004. (158) On October 21, 2002 and January 10, 2003, Indiana submitted revised volatile organic compound regulations for dip and flow coating operations. The revisions include replacing daily compliance with a rolling thirty day average and adding new equivalent emission limits. (i) Incorporation by reference. Amendments to Indiana Administrative Code Title 326: Air Pollution Control Board, Article 8: Volatile Organic Compound Rules, Rule 1: General Provisions, Section 2: Compliance Methods. Filed with the Secretary of State on November 15, 2002, and effective on December 15, 2002. Published in 26 Indiana Register 1073 on January 1, 2003. (159) On January 31, 2003, Indiana submitted revised particulate matter regulations for Richmond Power and Light Company's coal burning power plant in Wayne County, Indiana. The submission amends 326 IAC 6–1–14. The revisions make the long-term emission limits consistent with the short-term limits approved by EPA on April 9, 1996. The new limits are 320 tons per years for boiler number 1 and 700 tons per years for boiler number 2. (i) Incorporation by reference. Amendments to Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area Limitations, Section 14: Wayne County PM emission requirements. Filed with the Secretary of State on March 10, 2003 and effective on April 9, 2003. Published in 26 Indiana Register 2318–19 on April 1, 2003. (160) On July 9, 2002, Indiana submitted revised process weight rate rules as a requested revision to the Indiana State Implementation Plan. The changes clarify rule applicability, correct errors in the process weight rate table, allow sources to substitute work standard practices instead of the process weight rate table. They clarify the definitions of particulate and particulate matter. They also reduce duplicative recordkeeping. (i) Incorporation by reference. (A) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules Rule 3: Particulate Emission Limitations for Manufacturing Process. 6–3–1 Applicability, 6–3–1.5 Definitions and 6–3–2 Particulate emission limitations, work practices, and control technologies. Adopted by the Indiana Air Pollution Control Board on February 6, 2002. Filed with the Secretary of State May 13, 2002, effective June 12, 2002. (161) On October 30, 2002 and January 10, 2003, the Indiana Department of Environmental Management submitted revisions to Chapter 326 IAC 4–2 and 9–1 of the Indiana Administrative Code (IAC), an incineration plan for selected sources in Indiana, with a request that the Indiana State Implementation Plan be revised to include these amended carbon monoxide and particulate matter rules. (i) Incorporation by reference. (A) Indiana rule: 326 IAC 4–2–1 and 326 IAC 4–2–2 (particulate matter), published at Indiana Register, January 1, 2003, 26 IR 1070, with an effective date of December 15, 2002. (B) Indiana rule: 326 IAC 9–1–1 and 326 IAC 9–1–2 (carbon monoxide), published at Indiana Register, January 1, 2003, 26 IR 1072, with an effective date of December 15, 2002. (162) On January 7, 2003 the Indiana Department of Environmental Management submitted a State Implementation Plan (SIP) revision amending certain provisions of Indiana's 326 IAC 8–2–9 (Miscellaneous metal coating operations) and 326 IAC 13–3–1 (Applicability, Control of gasoline Reid vapor pressure). (i) Incorporation by reference. (A) 326 Indiana Administrative Code 8–2–9; and 13–3–1 adopted August 7, 2002, effective December 15, 2002. (ii) Additional materials. (A) January 7, 2003 letter and enclosures from the Indiana Department of Environmental Management (IDEM) Commissioner to the Regional Administrator of the United States Environmental Protection Agency (EPA) submitting Indiana's revisions to the ozone SIP. (163) On June 26, 2003, the Indiana Department of Environmental Management (IDEM) submitted revisions to 326 IAC 10–3 (NOX Reduction Program for Specific Source Categories) and 326 IAC 10–4 (NOX Budget Trading Program) of the Indiana Administrative Code (IAC). Also, on August 4, 2003, IDEM submitted a letter containing the Legislative Service Agency Document #00–54(F) as published in the Indiana Register on August 1, 2003, 26 IR 3550, containing the legal and approving signatures. The revised rules change the Indiana Phase I NOX budget to 233,548 tons per ozone season for 2007. (i) Incorporation by reference. (A) Indiana Pollution Control Board rules: 326 IAC 10–3–1 and 326 IAC 10–4–1, 10–4–2, 10–4–9, 10–4–10, 10–4–13, 10–4–14 and 10–4–15. Adopted by the Indiana Pollution Control Board on May 7, 2003. Filed with the Secretary on July 7, 2003. Published at Indiana Register Volume 26, Number 11, August 1, 2003 (26 IR 3550). Effective August 6, 2003. (164) On June 13, 2003, and as supplemented on October 3, 2003, Indiana submitted a State Implementation Plan (SIP) revision for the control of emissions of particulate matter (PM10) in the state of Indiana. Revisions to 326 IAC 6–1–10.1 and 326 IAC 6–1–10.2 amend the PM10 emission limits at U.S. Steel-Gary Works and U.S. Steel-Gary Coke Operations, located in Lake County, Indiana, and should result in decreased PM10 emissions of approximately 350 tons per year. (i) Incorporation by reference. The following sections of the Indiana Administrative Code are incorporated by reference. (A) Amendments to Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area Limitations, Section 10.1: Lake County PM10 emission requirements. Filed with the Secretary of State on August 6, 2003 and effective on September 5, 2003. Published at Indiana Register, Volume 27, Number 1, October 1, 2003 (27 IR 61). (B) Amendments to Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area Limitations, Section 10.2: Lake County PM10 coke battery emission requirements. Filed with the Secretary of State on August 6, 2003 and effective on September 5, 2003. Published at Indiana Register, Volume 27, Number 1, October 1, 2003 (27 IR 85). (165) On January 16, 2004 Indiana submitted revised Prevention of Significant Deterioration rules as a revision to the Indiana State Implementation Plan. (i) Incorporation by reference. (A) Amendments to the Indiana Administrative Code, Title 326: Air Pollution Control Board; Article 2: Permit Review Rules; Rule 2: Prevention of Significant Deterioration (PSD) Requirements; Section 2–2–1 Definitions; Section 2–2–6 Increment consumption; requirements; and Section 2–2–12 Permit rescission. Filed with the Secretary of State on March 9, 2004, effective April 8, 2004. Published at 27 Indiana Register 2216; April 1, 2004. (166) On February 10, 2004, Indiana submitted final adopted revisions to its emission reporting rule as a requested revision to the Indiana State Implementation Plan. On April 12, 2004, Indiana submitted its final rule as published in the Indiana Register. (i) Incorporation by reference. Indiana Administrative Code Title 326: Air Pollution Control Board, Article 2: Permit Review Rules, Rule 6: Emission Reporting. Adopted by the Air Pollution Control Board on December 3, 2003, filed with the Secretary of State on February 26, 2004 and effective on March 27, 2004. Adopted at 27 Indiana Register 2210–2215. (167) [Reserved] (168) On October 7, 2004, Indiana submitted a request revision to particulate matter and sulfur dioxide emission limits as an amendment to its State Implementation Plan. The particulate matter and sulfur dioxide emission limits were deleted for the five boilers removed from the Pfizer, Incorporated facility in Vigo County, Indiana. These limits were listed in 326 Indiana Administrative Code (IAC) 6–1–13 and 326 IAC 7–4–3. (i) Incorporation by reference. Indiana Administrative Code Title 326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1: County Specific Particulate Limitations, Section 13: Vigo County and Title 326: Air Pollution Control Board, Article 7: Sulfur Dioxide Rules, Rule 4: Emission Limitations and Requirements by County, Section 3: Vigo County Sulfur Dioxide Emission Limitations. Filed with the Secretary of State on August 31, 2004 and effective September 30, 2004. Published in 28 Indiana Register 115–18 on October 1, 2004. (169) On December 22, 2004, Indiana submitted a request to revise the volatile organic compound requirements for Transwheel Corporation of Huntington County, Indiana. EPA is approving the oil cover as an equivalent control device under 326 Indiana Administrative Code 8–3–5 (a)(5)(C). (i) Incorporation by reference. (A) Commissioner's Order #2004–04 as issued by the Indiana Department of Environmental Management on December 22, 2004. (170) The Indiana Department of Environmental Management submitted revisions to Indiana's State Implementation plan on February 18, 2005, February 21, 2005, and April 8, 2005. Revisions to 326 IAC 1–2–52, 326 IAC 1–2–82.5, and 326 IAC 1–3–4 amend the definition of “particulate matter” to include the definition of PM2.5 and amends the section that specifies the national ambient air quality standards. Revisions to 326 IAC 1–1–3 and 326 IAC 1–1–6 update the references to the Code of Federal Regulations (CFR) from the 2000 edition to the 2002 edition and add “credible evidence provisions” into state rules consistent with federal requirements, respectively. (i) Incorporation by reference. The following sections of the Indiana Administrative Code are incorporated by reference. (A) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 1: General Provisions, Rule 2: Definitions, Section 52: “‘Particulate matter'” defined,” Section 52.2: “‘PM2.5’ defined,” Section 52.4:“‘PM10’ defined,” Section 82.5: “‘Total suspended particulate’ or ‘TSP’ defined.” Indiana Administrative Code Title 326: Air Pollution Control Board, Article 1: General Provisions, Rule 3: Ambient Air Quality Standards, Section 4: “Ambient air quality standards.” Filed with the Secretary of State on December 20, 2004 and effective on January 19, 2005. Published at Indiana Register, Volume 28, Number 5, February 1, 2005 (28 IR 1471–1473). (B) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 1: General Provisions, Rule 1: Provisions Applicable Throughout Title 326, Section 3: “References to the Code of Federal Regulations.” Filed with the Secretary of State on August 26, 2004 and effective on September 25, 2004. Published at Indiana Register, Volume 28, Number 1, October 1, 2004 (28 IR 17). (C) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 1: General Provisions, Rule 1: Provisions Applicable Throughout Title 326, Section 6: “Credible evidence.” Filed with the Secretary of State on February 14, 2005 and effective on March 16, 2005. Published at Indiana Register, Volume 28, Number 7, April 1, 2005 (28 IR 2045). (171) On April 8, 2005, Indiana submitted final adopted revisions for the Dearborn County sulfur dioxide emission limitations in 326 IAC 7–4–13 as a requested revision to the Indiana state implementation plan. EPA is approving these revisions, which remove obsolete rule language for Indiana Michigan Tanners Creek Station and update information for other companies listed in the rule. (i) Incorporation by reference. (A) Indiana Administrative Code Title 326: Air Pollution Control Board, Article 7: Sulfur Dioxide Rules, Rule 4: Emission Limitations and Requirements by County, Section 13: Dearborn County Sulfur Dioxide Emission Limitations. Filed with the Secretary of State on February 14, 2005, and effective March 16, 2005. Published in the Indiana Register on April 1, 2005 (28 IR 2021). (172) On April 8, 2005, and as supplemented on July 6, 2005, Indiana submitted a State Implementation Plan (SIP) revision for the control of sulfur dioxide (SO2) emissions in Lake County, Indiana. The SIP revision submitted by the Indiana Department of Environmental Management (IDEM) amends 326 Indiana Administrative Code (IAC) Article 7. Indiana's revised SO2 rule consists of changes to 326 IAC 7–4 which sets forth facility-specific SO2 emission limitations and recordkeeping requirements for Lake County. The rule revision also reflects updates to company names, updates to emission limits currently in permits, deletion of facilities that are already covered by natural gas limits, and other corrections and updates. Due to changes in section numbers, references to citations in other parts of the rule have also been updated. (i) Incorporation by reference. (A) Amendments to Indiana Administrative Code Title 326: Air Pollution Control Board, Article 7 SULFUR DIOXIDE RULES, Rule 1.1 Sulfur Dioxide Emission Limitations, sections 326 IAC 7–1.1–1, “Applicability”, 326 IAC 7–1.1–2 “Sulfur Dioxide Emission Limitations”, and 326 IAC 7–2–1 “Reporting Requirements: Methods to Determine Compliance”; newly created 326 IAC 7–4.1, “Lake County Sulfur Dioxide Emission Limitations”, adopted by the Indiana Air Pollution Control Board on March 2, 2005. Filed with the Secretary of State May 25, 2005, effective June 24, 2005. [37 FR 10863, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.770, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.771 Classification of regions. top (a) The Indiana plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- East Central Indiana Intrastate...................... II II III III III Evansville (Indiana)-Owensboro-Henderson (Kentucky) I II III III III Interstate.......................................... Louisville Interstate................................ I I III III I Metropolitan Chicago Interstate (Indiana-Illinois)... I I I I I Metropolitan Cincinnati Interstate................... I II III III I Metropolitan Indianapolis Intrastate................. I I I I I Northeast Indiana Intrastate......................... II III III III III South Bend-Elkhart (Indiana)-Benton Harbor (Michigan) I IA III III III Interstate.......................................... Southern Indiana Intrastate.......................... IA IA III III III Wabash Valley Intrastate............................. I I III III III ---------------------------------------------------------------------------------------------------------------- (b) The requirements of §51.150 of this chapter are not met by the classification of counties in APC–22 for the purposes of attainment and maintenance of the total suspended particulate ambient air quality standards. (c) The requirements of §51.150 of this chapter are not met by the classification of counties in APC–22 for the purposes of attainment and maintenance of the photochemical oxidant (hydrocarbon) ambient air quality standards. (d) The requirements of §51.150 of this chapter are not met by the classification of Jefferson, LaPorte, Porter, Vigo and Warrick Counties in Indiana in Regulation APC–22 for the purposes of attainment and maintenance of the sulfur dioxide ambient air quality standards. [37 FR 10863, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 40 FR 50033, Oct. 28, 1975; 41 FR 35677, Aug. 24, 1976; 42 FR 34519, July 6, 1977; 51 FR 40675, Nov. 7, 1986] § 52.772 [Reserved] top § 52.773 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves Indiana's plan for attainment and maintenance of the National Ambient Air Quality Standards under section 110 of the Clean Air Act. (b) [Reserved] (c) The Administrator finds that Indiana's new source review strategy satisfies all requirements of Part D, Title 1 of the Clean Air Act as amended in 1977. (d)–(e) [Reserved] (f) The Administrator finds ozone strategies for Clark, Elkhart, Floyd, Lake, Marion, Porter, and St. Joseph Counties satisfy all requirements of Part D, Title I of the Clean Air Act that are required to be submitted by January 1, 1981, except as noted below. (g) The administrator finds that the total suspended particulate strategies for Clark, Dearborn, Dubois, St. Joseph, Vanderburgh, and Vigo Counties satisfy all the requirements of Part D, Title I of the Clean Air Act except as noted below. (h) The Administrator finds that the SO2 strategies for Lake, LaPorte, Marion, Vigo, and Wayne Counties satisfy all requirements of Part D, Title 1 of the Clean Air Act, as amended in 1977. See §52.770 (c)(67) and (c)(72). (i) The Administrator finds that Indiana's ozone plan for Lake and Porter Counties, which was required to be submitted by July 1, 1992, does not satisfy all the requirements of part D, title 1 of the Clean Air Act and, thus, is disapproved. See §§52.770(c)(69)and 52.770(d). The disapproval does not affect USEPA's approval (or conditional approval) of individual parts of Indiana's ozone plan and they remain approved. (j) The Administrator finds that the following portions of Indiana's ozone and CO plans satisfy the related requirements of part D, title 1 of the Clean Air Act, as amended in 1977: (1) The transportation control plans for Lake, Porter, Clark and Floyd Counties, submitted on May 14, 1986, June 10, 1986, and April 6, 1987. (2) The vehicle inspection and maintenance plan for Clark, Floyd, Lake, and Porter Counties, submitted October 27, 1989, and January l9, 1990. (3) The demonstration of attainment, submitted December 2, 1983, and the carbon monoxide plan as a whole for the designated nonattainment area in Lake County. [37 FR 10864, May 31, 1972, as amended at 46 FR 38, Jan. 2, 1981; 47 FR 6275, Feb. 11, 1982; 47 FR 6623, Feb. 16, 1982; 47 FR 10825, Mar. 12, 1982; 47 FR 20586, May 13, 1982; 47 FR 30980, July 16, 1982; 51 FR 4915, Feb. 10, 1986; 53 FR 33811, Sept. 1, 1988; 53 FR 46613, Nov. 18, 1988; 54 FR 2118, Jan. 19, 1989; 55 FR 31052, July 31, 1990; 59 FR 51114, Oct. 7, 1994] § 52.774 [Reserved] top § 52.775 Legal authority. top (a) The requirements of §51.232(b) of this chapter are not met since the following deficiencies exist in the local agency legal authority: (1) East Chicago: (i) Authority to require recordkeeping is inadequate (§51.230(e) of this chapter). (ii) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). (2) Evansville: (i) Authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard is inadequate (§51.230(d) of this chapter). (ii) Authority to require recordkeeping is inadequate (§51.230(e) of this chapter). (iii) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). (3) Gary: (i) Authority to require recordkeeping is inadequate (§51.230(e) of this chapter). (ii) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). (4) Hammond: (i) Authority to require recordkeeping is inadequate (§51.230(e) of this chapter). (ii) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). (5) Indianapolis: (i) Authority to require recordkeeping is inadequate (§51.230(e) of this chapter). (ii) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). (6) Michigan City: (i) Authority to require recordkeeping is inadequate (§51.230(e) of this chapter). (ii) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). (7) Wayne County: (i) Authority to require recordkeeping and to make inspections and conduct tests of air pollution sources is inadequate (§51.230(e) of this chapter). (ii) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). (iii) Authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard is inadequate (§51.230(d) of this chapter). (8) Lake County: (i) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). (ii) Authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard is inadequate (§51.230(d) of this chapter). (9) St. Joseph County: (i) Authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard is inadequate (§51.230(d) of this chapter). (ii) Authority to require recordkeeping is inadequate (§51.230(e) of this chapter). (iii) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). (10) Vigo County: (i) Authority to require recordkeeping is inadequate (§51.230(e) of this chapter). (ii) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). (iii) Authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard is inadequate (§51.230(d) of this chapter). (11) Anderson County: (i) Authority to require installation of monitoring devices is inadequate (§51.230(f) of this chapter). [37 FR 10863, May 31, 1972, as amended at 40 FR 55329, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986; 52 FR 24367, June 30, 1987] § 52.776 Control strategy: Particulate matter. top (a) The requirements of subpart G of this chapter are not met since the plan does not provide for attainment and maintenance of the secondary standards for particulate matter in the Metropolitan Indianapolis Intrastate Region. (b) APC 4–R of Indiana's “Air Pollution Control Regulations” (emission limitation for particulate matter from fuel combustion sources), which is part of the control strategy for the secondary standards for particulate matter, is disapproved for the Metropolitan Indianapolis Intrastate Region since it does not provide the degree of control needed to attain and maintain the secondary standards for particulate matter. APC 4–R is approved for attainment and maintenance of the primary standards for particulate matter in the Metropolitan Indianapolis Intrastate Region. (c) APC–3 of Indiana's Air Pollution Control Regulations (visible emission limitation) is disapproved insofar as the phrase “for more than a cumulative total of 15 minutes in a 24-hour period” will interfere with attainment and maintenance of particulate standards. (d) [Reserved] (e) Part D—Conditional Approval—The complete Indiana plan for Clark, Dearborn, Dubois, Marion (except for coke batteries), St. Joseph, Vanderburgh, and Vigo Counties is approved provided that the following condition is satisfied: (1) The Part D Plan must contain Industrial Fugitive Dust Regulations. The State must submit these by July 31, 1982. (f) 325 IAC 11–3–2(f), (as amended on August 27, 1981) is not approved as it applies to Lake and Marion Counties, insofar as it does not meet the requirements of section 172(b)(3) of the Clean Air Act. (g) 325 IAC 11–3–2(g) and 11–3–2(h) (as amended on August 27, 1981) are disapproved insofar as they do not meet the requirements of section 110(a)(2)(D) of the Clean Air Act. (h) Equivalent Visible Emission Limits (EVEL). (1) A 20% 2-hour opacity limit for the underfire stack at Bethlehem Steel Corporation's Coke Battery No. 2 in Porter County is approved as an EVEL to determine compliance with the 325 IAC 6–2 SIP limit of 0.33 lbs/MMBTU. This EVEL is approved for as long as the SIP mass emission limit for this source remains the same as determined by 325 IAC 6–2 (October 6, 1980, submittal). See §52.770(c)(6), (35), and (42). (2) Revised opacity limits for the boilers at Olin Corporation in Warren County are approved at §52.770(c)(51) as an EVEL to determine compliance with the 325 IAC 6–2 SIP limit of 0.80 lbs/MMBTU. This EVEL is approved for as long as the SIP mass emission limit for this source remains the same as determined by 325 IAC 6–2 (October 6, 1980 submittal). See §52.770(c)(6) and (35). (i) 325 IAC 6–2.1 is approved with the State's March 27, 1985, commitment that any “bubble” approved by the State under 325 IAC 6–2.1–2(b) and 3(b) will also be subject to the State's general “bubble” regulation, 325 IAC 2–4. The State additionally committed that until such time as 325 IAC 2–4 is approved as a part of the SIP, all such limits approved under the bubbling provisions of 325 IAC 6–2.1–2(b) and 3(b) will be submitted as site specific revisions to the SIP. Unless and until these emission point specific limits are approved as a portion of the SIP, the SIP limit for each individual emission point will remain the general limit calculated by means of the formulae in 325 IAC 6–2.1–2(a) and 3(a), even though a revised emission point specific limit has been adopted by Indiana under 325 IAC 6–2.1–2(b) and 3(b). See 52.770(c)(50). (j) [Reserved] (k) On January 18, 1984, Indiana submitted a visible emission limit on coke oven battery doors and a limit on total dissolved solids content of coke quench makeup water for Battery Number One at Citizens Gas and Coke Utility in Marion County. These limits are disapproved because they are impermissible relaxations of requirements for each new major stationary sources, as provided at §52.21(j)(2) and section 173 of the Clean Air Act. See §52.770(c)(60). (l) The revised Porter County TSP plan, as submitted by Indiana on October 15, 1984, is disapproved, because the State did not demonstrate that it assures the attainment and maintenance of the primary TSP NAAQS in Porter County, Indiana. See §52.770(c)(61). (m) The Indiana Part D TSP plan is disapproved insofar as it does not contain RACT level opacity limits for certain process fugitive sources in TSP nonattainment areas and, therefore, does not meet the requirements of section 172 of the Clean Air Act. (n) Approval—On June 23, 1988, and July 17, 1989, the State of Indiana submitted committal SIPs for particulate matter with an aerodynamic diameter equal to or less than 10 micrometers (PM10) for the Group II areas within Marion and Vigo Counties and all of Porter County, respectively. The committal SIPs meet all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681. (o) Approval—On November 16, 1988 and September 10, 1992, Indiana submitted the following list of control measures for particulate matter (PM) already in its State Implementation Plan as a Group III Plan: 326 IAC 1–3–2, its air monitoring network, its list of possible additional sites for PM, its Prevention of Significant Deterioration rules and the following control measures which are part of 325 IAC: 2, Permit Review Rules; 5–1, Opacity Limitations; 6–1–1 to 6–1–6, Nonattainment Area Limitations; 6–1–8, Dearborn County; 6–1–9, Dubois County; 6–1–12, Marion County; 6–1–13, Vigo County; 6–1–14, Wayne County; 6–1–15, Howard County; 6–1–16, Vandenburgh County; 6–1–17, Clark County; 6–1–18, St. Joseph County; 6–2, Particulate Emissions Limitations for Sources of Indirect Heating; 6–3, Process Operations; 6–4, Fugitive Dust Emissions; 11–1, Existing Foundries; 11–4, Fiberglass Insulation Manufacturing; 11–5, Fluoride Emission Limitations for Existing Primary Aluminum Plants. (p) Approval—On January 13, 1993, the State of Indiana submitted a particulate matter State Implementation Plan revision for the Vermillion County nonattainment area. Additional information was submitted on February 22, 1993, and April 8, 1993. These materials demonstrate that the plan will provide for attainment of the National ambient air quality standards for particulate matter by December 31, 1994, in accordance with section 189(a)(1)(B) of the Clean Air Act. (q) Approval—On April 8, 1993, and supplemented on June 17, 1997, the State of Indiana submitted a maintenance plan and a request that sections 15, 16, 21, 22, 27, 28, 33 and 34 of Clinton Township in Vermillion County be redesignated to attainment of the National Ambient Air Quality Standard for particulate matter. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. (r) Approval—EPA is approving the PM10 maintenance plan for Lake County that Indiana submitted on September 25, 2002. [37 FR 15084, July 27, 1972] Editorial Note: For Federal Register citations affecting §52.776, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.777 Control strategy: photochemical oxidants (hydrocarbons). top (a) The requirements of subpart G of this chapter are not met because the plan does not provide for attainment and maintenance of the national standards for photochemical oxidants (hydrocarbons) in the Metropolitan Indianapolis Intrastate Region by May 31, 1975. (b) The requirements of subpart G are not met by Revised APC–15 (November 8, 1974 submission) because it does not provide for attainment and maintenance of the photochemical oxidant (hydrocarbon) standards throughout Indiana. (c) Part D—Conditional approval—The 1979 Indiana plan for Clark, Floyd, Elkhart, Lake, Marion, Porter, and St. Joseph Counties is approved provided the following conditions are satisfied: (1) The plan for stationary source volatile organic compound control must contain the following: (i)–(iv) [Reserved] (v) For regulation 325 IAC 8–5, Section 6, Perchloroethylene Dry Cleaning, the State must conduct a study to demonstrate that the 1,500 gallons exemption meets RACT requirements and submit the results to EPA within 6 months of the effective date of final rulemaking on 325 IAC 8 for VOC from Group II CTG source categories. If the demonstrated emissions resulting from the State's exemption are not essentially equivalent to those resulting from the RACT requirements, then the State must submit to EPA by July 1, 1983, a rule which requires control of emissions from dry cleaning sources using less than 1,500 gallons of perchloroethylene per year. (2) The stationary source volatile organic control measures submitted by the State on October 23, 1990, and August 19, 1991, are approved as described in 40 CFR 52.770(c)(87) with the exception of 326 IAC 8–5–4 Pneumatic Rubber Tire Manufacturing, on which USEPA has taken no action. It should be noted that although the State's control measures provide that equivalent test methods, alternative emission controls, and revisions in rule applicability must be submitted to the USEPA as proposed revisions to the State Implementation Plan (SIP), such proposed SIP revisions are not part of the SIP unless and until they are approved as such by the USEPA. (d) Part D—Disapproval. The 1982 Indiana plan for Lake and Porter County is disapproved because it does not assure the attainment and maintenance of the NAAQS there. See §§52.770(c)(69) and 52.773(i). The disapproval does not affect USEPA's approval (or conditional approval) of individual parts of Indiana's ozone plan and they remain approved. (e) Approval—The Administrator approves the incorporation of the photochemical assessment ambient monitoring system submitted by Indiana on November 15, 1993, into the Indiana State Implementation Plan. This submittal satisfies 40 CFR 58.20(f), which requires the State to provide for the establishment and maintenance of photochemical assessment monitoring stations (PAMS) by November 12, 1993. (f) Approval. The Indiana Department of Environmental Management submitted two ozone redesignation requests and maintenance plans requesting the ozone nonattainment areas to be redesignated to attainment for ozone: South Bend/Elkhart (St. Joseph and Elkhart Counties), submitted on September 22, 1993; Indianapolis (Marion County), submitted on November 12, 1993. The redesignation requests and maintenance plans meet the redesignation requirements in section 107(d)(3)(d) of the Act as amended in 1990. The redesignations meet the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Indiana Ozone State Implementation Plan for the above mentioned counties. (g) The base year ozone precursor emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for the following areas: Vanderburgh County in the Evansville Metropolitan Area; Marion County in the Indianapolis Metropolitan Area; and St. Joseph and Elkhart Counties in the South Bend Metropolitan Area. (h) On November 17, 1993, Indiana submitted two of three elements required by section 182(d)(1)(A) of the Clean Air Amendments of 1990 to be incorporated as part of the vehicle miles traveled (VMT) State Implementation Plan intended to offset any growth in emissions from a growth in vehicle miles traveled. These elements are the offsetting of growth in emissions attributable to growth in VMT which was due November 15, 1992, and, any transportation control measures (TCMs) required as part of Indiana's 15 percent reasonable further progress (RFP) plan which was due November 15, 1993. Indiana satisfied the first requirement by projecting emissions from mobile sources and demonstrating that no increase in emissions would take place. Indiana satisfied the second requirement by determining that no TCMs were required as part of Indiana's 15 percent RFP plan. (i) Approval—EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT), new source review (NSR), vehicle inspection/maintenance (I/M), and general conformity exemptions for the Indiana portion of the Chicago-Gary-Lake County severe ozone nonattainment area as requested by the States of Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal. This approval does not cover the exemption of NOX transportation conformity requirements of section 176(c) for this area. Approval of these exemptions is contingent on the results of the final ozone attainment demonstration expected to be submitted in mid-1997. The approval will be modified if the final attainment demonstration demonstrates that NOX emission controls are needed in the nonattainment area to attain the ozone standard in the Lake Michigan Ozone Study modeling domain. (j) The base year ozone precursor emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for Lake and Porter Counties, Indiana. (k) On June 26, 1995, and June 13, 1997, Indiana submitted a 15 percent rate-of-progress plan for the Lake and Porter Counties portion of the Chicago-Gary-Lake County ozone nonattainment area. This plan satisfies the counties' requirements under section 182(b)(1) of the Clean Air Act, as amended in 1990. (l) [Reserved] (m) On July 12, 1995, Indiana submitted a 15 percent rate-of-progress plan for the Clark and Floyd Counties portion of the Louisville ozone nonattainment area. This plan satisfies Clark and Floyd Counties' requirements under section 182(b) of the Clean Air Act, as amended in 1990. (n) On July 12, 1995, Indiana submitted corrections to the 1990 base year emissions inventory for Clark and Floyd Counties. The July 12, 1995, corrections are recognized revisions to Indiana's emissions inventory. (o) On July 12, 1995, Indiana submitted as a revision to the Indiana State Implementation Plan a ridesharing transportation control measure which affects commuters in Clark and Floyd Counties. (p) On August 26, 1996, Indiana submitted a rule for the purpose of meeting oxides of nitrogen (NOX) reasonably available control technology (RACT) requirements under section 182(f) of the Clean Air Act (Act) for the Clark and Floyd Counties moderate ozone nonattainment area. The rule's NOX control requirements meets RACT for major sources of portland cement kilns, electric utility boilers, and industrial, commercial, or institutional boilers. In addition, on April 30, 1997, Indiana certified to the satisfaction of the United States Environmental Protection Agency that, to the best of the State's knowledge, there are no remaining major sources of NOX in Clark and Floyd Counties which need RACT rules. Indiana, therefore, has satisfied the NOX RACT requirements under section 182(f) of the Act for the Clark and Floyd Counties ozone nonattainment area. (q) Approval—On February 5, 1997, Indiana submitted a transportation control measure under section 108(f)(1)(A) of the Clean Air Amendments of 1990 for Vanderburgh County, Indiana to aid in reducing emissions of precursors of ozone. The transportation control measure being approved as a revision to the ozone state implementation plan is the conversion of at least 40 vehicles from gasoline as a fuel to compressed natural gas. (r) Indiana's November 15, 1996, request for a 1-year attainment date extension for the Indiana portion of the Louisville moderate ozone nonattainment area which consists of Clark and Floyd Counties is approved. The date for attaining the ozone standard in these counties is November 15, 1997. (s) Approval—On November 4, 1993, the State of Indiana submitted a maintenance plan and a request that Vanderburgh County be redesignated to attainment of the 1-hour National Ambient Air Quality Standard for ozone. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) of the Clean Air Act as amended in 1990. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Indiana ozone State Implementation Plan. (t) Approval—On May 24, 1996, the Indiana Department of Environmental Management submitted a revision to the ozone State Implementation Plan for Lake and Porter Counties. The submittal pertained to a plan for the implementation of the Federal transportation conformity requirements in accordance with 40 CFR part 51 subpart T—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act. (u) On December 17, 1997, and January 22, 1998, Indiana submitted the Post-1996 rate-of-progress plan for the Lake and Porter Counties portion of the Chicago-Gary-Lake County ozone nonattainment area. This plan satisfies the counties' requirements under section 182(c)(2)(B) of the Clean Air Act, as amended in 1990. The plan contains a 1999 mobile source vehicle emission budget for volatile organic compounds of 40,897 pounds per average summer day. (v) Negative declarations—Aerospace coating operations, industrial clean up solvents, industrial wastewater processes, offset lithography operations, business plastics, automotive plastics, and synthetic organic chemical manufacturing industries (SOCMI) batch processes, reactors and distillation units categories. On November 8, 1999, the State of Indiana certified to the satisfaction of the Environmental Protection Agency that no major sources categorized as part of the nine categories listed above and have a potential to emit 100 tons or more of volatile organic compounds annually are located in Clark or Floyd Counties in southeast Indiana, adjacent to Louisville, Kentucky. (w) Negative declarations—Aerospace coating operations, industrial clean up solvents, industrial wastewater processes, offset lithography operations, business plastics, automotive plastics, and synthetic organic chemical manufacturing industries (SOCMI) batch processes, reactors and distillation units categories. On November 8, 1999, and January 10, 2000, the State of Indiana certified to the satisfaction of the Environmental Protection Agency that no major sources categorized as part of the nine categories listed above and have a potential to emit 25 tons or more of volatile organic compounds annually are located in Lake or Porter Counties in northwest Indiana. (x) The request submitted by Indiana on April 11, 2001 and supplemented on August 24, 2001, to redesignate the Indiana portion of the Louisville moderate interstate ozone nonattainment area from nonattainment to attainment was approved on October 23, 2001. The motor vehicle emissions budgets for VOC and NOX in the Indiana portion of the Louisville moderate interstate maintenance plan are adequate for conformity purposes and approvable as part of the maintenance plan. The 1-hour ozone standard maintenance plan motor vehicle emission budgets for the entire interstate Louisville area for the purposes of transportation conformity are now 48.17 tons per summer day of VOC and 92.93 tons per summer day of NOX for the year 2012. (y) Lake and Porter Counties Attainment Demonstration Approval—On December 21, 2000, Indiana submitted a 1-hour ozone attainment demonstration plan as a requested revision to the Indiana State Implementation Plan. This approval includes: A modeled demonstration of attainment, a plan to reduce ozone precursor emissions by 3 percent per year from 2000 to 2007, and associated conformity budgets for 2002 and 2005, a revision to the NOX waiver, a contingency measures plan for both the ozone attainment demonstration and the post-1999 ROP plan, the conformity budgets for the 2007 attainment year, until such time that revised budgets are submitted and found adequate for conformity purposes as called for by the state in its commitment to recalculate and apply a revised budget for conformity within two years of the formal release of MOBILE6, the RACM analysis, the commitment to conduct a mid-course review of the attainment status of the Lake Michigan area, and an agreed order between U.S. Steel (currently USX Corporation) and the IDEM signed by IDEM on March 22, 1996, which requires U.S. Steel to establish a coke plant process water treatment plant at its Gary Works. Today's action finalizes approval of Indiana's 1-hour ozone attainment demonstration SIP revision. (z) EPA is approving a revision to the Indiana SIP submitted by Indiana on June 26, 2003. The revision is for transportation conformity budgets for the Clark and Floyd portion of the Louisville area. The revised 2012 motor vehicle emission budgets (MVEBs) for the total Louisville area are 47.28 tons per day (tpd) for volatile organic compounds (VOC) and 111.13 tpd for oxides of nitrogen. (aa) Approval—On August 6, 2004, Indiana submitted a revision to the 1-hour ozone attainment plan for Lake and Porter Counties. The revision consists of new motor vehicle emission estimates and new MOBILE6 based motor vehicle emissions budgets. The motor vehicle emissions budget for volatile organic compounds (VOCs) for Lake and Porter Counties, Indiana for the 2005 interim Rate of Progress year is now 15.18 tons per summer day (tpd). The 2007 motor vehicle emissions budgets for the Lake and Porter Counties, Indiana are now 12.37 tpd VOC and 63.33 tpd oxides of nitrogen. (bb) Approval—On July 15, 2005, Indiana submitted requests to redesignate Greene and Jackson Counties to attainment of the 8-hour ozone National Ambient Air Quality Standard. These requests were supplemented with submittals dated September 6, 2005, September 7, 2005, October 6, 2005, and October 20, 2005. As part of the redesignation requests, the State submitted maintenance plans as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. Also included were motor vehicle emission budgets for use to determine transportation conformity in Greene and Jackson Counties. The 2015 motor vehicle emission budgets for Greene County are 1.46 tpd for VOC and 1.54 tpd for NOX. The 2015 motor vehicle emission budgets for Jackson County are 1.65 tpd for VOC and 3.18 tpd for NOX. (cc) Approval—On August 25, 2005, Indiana submitted a request to redesignate Delaware County to attainment of the 8-hour ozone National Ambient Air Quality Standard. This request was supplemented with a submittal dated October 20, 2005. As part of the redesignation request, the State submitted a maintenance plan as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. Also included were motor vehicle emission budgets for use to determine transportation conformity in Delaware County. The 2015 motor vehicle emission budgets for Delaware County are 3.50 tons per day for VOC and 4.82 tons per day for NOX. (dd) Approval—On July 5, 2005, Indiana submitted a request to redesignate Vigo County to attainment of the 8-hour ozone National Ambient Air Quality Standard. This request was supplemented with submittals dated October 20, 2005 and November 4, 2005. As part of the redesignation request, the State submitted a maintenance plan as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. Also included were motor vehicle emission budgets for use to determine transportation conformity in Vigo County. The 2015 motor vehicle emission budgets are 2.84 tons per day for VOC and 3.67 tons per day for NOX. (ee) Approval—On June 2, 2005, Indiana submitted a request to redesignate Vanderburgh and Warrick Counties to attainment of the 8-hour ozone National Ambient Air Quality Standard. This request was supplemented with a submittal dated October 20, 2005. As part of the redesignation request, the State submitted a maintenance plan as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. Also included were motor vehicle emission budgets for use to determine transportation conformity in Vanderburgh and Warrick Counties. The 2015 motor vehicle emission budgets are 4.20 tons per day for VOC and 5.40 tons per day for NOX for both counties combined. [38 FR 16565, June 22, 1973] Editorial Note: For Federal Register citations affective §52.777, see the List of Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.778 Compliance schedules. top (a) The requirements of §51.262(a) of this chapter are not met since the compliance schedules for sources of nitrogen oxides extend over a period of more than 18 months and periodic increments of progress are not included. (b)–(c) [Reserved] (d) The compliance schedule for the source identified below is disapproved as not meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. ---------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date schedule adopted ---------------------------------------------------------------------------------------------------------------- lake county ---------------------------------------------------------------------------------------------------------------- Commonwealth Edison Co. of Indiana, Hammond................ APC 13................. Jan. 18, 1973. Inc. (State Line Station). ---------------------------------------------------------------------------------------------------------------- [38 FR 12698 May 14, 1973, as amended at 39 FR 28158, Aug. 5, 1974; 51 FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989] § 52.779 [Reserved] top § 52.780 Review of new sources and modifications. top (a) The requirements of §51.160(a) of this chapter are not met in that the plan does not contain procedures to enable the State to determine whether construction or modification of coal burning equipment having a heat input of between 350,000 Btu per hour and 1,500,000 Btu per hour will result in violations of applicable portions of the control strategy and section 4(a)(2)(iii) of APC–19 is disapproved to the extent that it exempts coal burning equipment having a heat input of between 350,000 Btu per hour and 1,500,000 Btu per hour from pre-construction/modification review. (b)–(c) [Reserved] (d) Limited regulation for the review of new sources and modifications. (1) This requirement is applicable to any coal burning equipment other than smokehouse generators, having a heat input of between 350,000 Btu per hour (88.2 Mg-cal/h) and 1,500,000 Btu per hour (378.0 MG cal/h), the construction of which was commenced after May 14, 1973. (2) No owner or operator shall commence construction or modification of any coal burning equipment subject to this regulation without first obtaining approval from the Administrator of the location and design of such source. (i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, (ii) A separate application is required for each source. (iii) Each application shall be signed by the applicant. (iv) Each application shall be accompanied by site information, plans, descriptions, specifications, and drawings showing the design of the source, the nature and amount of emissions, and the manner in which it will be operated and controlled. (v) Any additional information, plans, specifications, evidence, or documentation that the Administrator may require shall be furnished upon request. (3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that: (i) The source will operate without causing a violation of any local, State, or Federal regulation which is part of the applicable plan; and (ii) The source will not prevent or interfere with attainment or maintenance of any national standard. (4) (i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (d)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator. (ii) Within thirty (30) days after receipt of a complete application, the Administrator shall: (a) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved. (b) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and (c) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source. (iii) A copy of the notice required pursuant to this paragraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated. (iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located. (v) The Administrator shall take final action on an application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located. (vi) The Administrator may extend each of the time periods specified in paragraph (d)(4) (ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator. (5) The Administrator may impose any reasonable conditions upon an approval, including conditions requiring the source to be provided with: (i) Sampling ports of a size, number, and location as the Administrator may require, (ii) Safe access to each port, (iii) Instrumentation to monitor and record emission data, and (iv) Any other sampling and testing facilities. (6) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year. (7) Any owner or operator subject to the provisions of this regulation shall furnish the Administrator written notification as follows: (i) A notification of the anticipated date of initial startup of a source not more than 60 days or less than 30 days prior to such date. (ii) A notification of the actual date of initial startup of a source within 15 days after such date. (8) Within 60 days after achieving the maximum production rate at which the source will be operated but not later than 180 days after initial startup of such source, the owner or operator of such source shall conduct a performance test(s) in accordance with methods and under operating conditions approved by the Administrator and furnish the Administrator a written report of the results of such performance test. (i) Such test shall be at the expense of the owner or operator. (ii) The Administrator may monitor such test and may also conduct performance tests. (iii) The owner or operator of a source shall provide the Administrator 15 days prior notice of the performance test to afford the Administrator the opportunity to have an observer present. (iv) The Administrator may waive the requirement of performance tests if the owner or operator of a source has demonstrated by other means to the Administrator's satisfaction that the source is being operated in compliance with all local, State, and Federal regulations which are part of the applicable plan. (9) [Reserved] (10) Approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with all local, State, and Federal regulations which are part of the applicable plan. (11) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for and receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act. (e) The requirements of subpart I of this chapter are not met because the State failed to submit a plan for review of new or modified indirect sources. (f) Regulation for review of new or modified indirect sources. The provisions of §52.22(b) are hereby incorporated by reference and made a part of the applicable implementation of the plan for the State of Indiana. (g) Delegation of authority. (1) The Administrator shall have the authority to delegate responsibility for implementing the procedures for conducting source review pursuant to this section in accordance with paragraphs (f) (2), (3), and (4) of this section. (2) Where the Administrator delegates the responsibility for implementing the procedures for conducting source review pursuant to this section to any Agency, other than a Regional Office of the Environmental Protection Agency, a copy of the notice pursuant to paragraph (d)(4)(iii) of this section shall be sent to the Administrator through the appropriate Regional Office. (3) In accordance with Executive Order 11752, the Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be delegated, other than to a Regional Office of the Environmental Protection Agency, for new or modified sources which are owned or operated by the Federal Government or for new or modified sources located on Federal lands; except that, with respect to the latter category, where new or modified sources are constructed or operated on Federal lands pursuant to leasing or other Federal agreements, the Federal Land Manager may at his discretion, to the extent permissible under applicable statutes and regulations, require the lessee or permittee to be subject to new source review requirements which have been delegated to a State or local agency pursuant to this paragraph. (4) The Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be redelegated, other than to a Regional Office of the Environmental Protection Agency, for new or modified sources which are located in Indian reservations except where the State has assumed jurisdiction over such land under other laws, in which case the Administrator may delegate his authority to the States in accordance with paragraphs (g) (2), (3), and (4) of this section. (h) On March 7, 1994, Indiana requested a revision to the State Implementation Plan (SIP) for New Source Review (NSR) to satisfy the requirements of the Clean Air Act Amendments of 1990. The Indiana 326 IAC regulations do not include a definition of “federally enforceable”. On July 13, 1994, Pamela Carter, Attorney General of the State of Indiana, sent a letter to USEPA clarifying Indiana's interpretation of the definition of federally enforceable. The letter states that federally enforceable, e.g. as used in 326 IAC 2–3–1, should be interpreted in accordance with the federal definition at 40 CFR 51.165(a)(1)(xiv). The USEPA took the opportunity of rulemaking on the State's submittal to recodify the permitting SIP to conform to Title 326 the Indiana Administrative Code. [37 FR 10863, May 31, 1972, as amended at 38 FR 12698, May 14, 1973; 39 FR 4663, Feb. 6, 1974; 39 FR 7281, Feb. 25, 1974; 40 FR 50270, Oct. 29, 1975; 51 FR 40677, Nov. 7, 1986; 59 FR 51114, Oct. 7, 1994] § 52.781 Rules and regulations. top (a) [Reserved] (b) A part of the second sentence in section 3, APC–17, which states “Where there is a violation or potential violation of ambient air quality standards, existing emission sources or any existing air pollution control equipment shall comply with th (c)–(d) [Reserved] (e) Section 2(d) of APC–20, Fugitive Dust Emissions, is disapproved because it is unenforceable within the terms of the regulation. (f) Subsections 3(b)(3) and 3(b)(5) of APC–2 (May 18, 1977) are disapproved because they are unenforceable within the terms of the regulation. [37 FR 10863, May 31, 1972, as amended at 37 FR 15084, July 27, 1972; 38 FR 12698, May 14, 1973; 40 FR 50033, Oct. 28, 1975; 43 FR 26722, June 22, 1978] § 52.782 Request for 18-month extension. top (a) The requirements of §51.341 of this chapter are not met since the request for an 18-month extension for submitting that portion of the plan that implements the secondary standards for particulate matter in the Metropolitan Indianapolis Intrastate Region does not show that attainment of the secondary standards will require emission reductions exceeding those which can be achieved through the application of reasonably available control technology. [37 FR 10863, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986] § 52.783 [Reserved] top § 52.784 Transportation and land use controls. top (a) To complete the requirements of subpart L and subpart G of this chapter, the Governor of Indiana must submit to the Administrator: (1) No later than April 15, 1973, transportation and/or land use control strategies and a demonstration that said strategies, along with Indiana's presently adopted stationary source emission limitations for carbon monoxide and hydrocarbons and the Federal Motor Vehicle Control Program, will attain and maintain the national standards for carbon monoxide and photochemical oxidants (hydrocarbons) in the Metropolitan Indianapolis Intrastate Region by May 31, 1975. By such date (April 15, 1973), the State also must submit a detailed timetable for implementing the legislative authority, regulations, and administrative policies required for carrying out the transportation and/or land use control strategies by May 31, 1975. (2) No later than July 30, 1973, the legislative authority that is needed for carrying out such strategies. (3) No later than December 30, 1973, the necessary adopted regulations and administrative policies needed to implement such strategies. [38 FR 7326, Mar. 20, 1973, as amended at 51 FR 40676, Nov. 7, 1986] § 52.785 Control strategy: Carbon monoxide. top (a) The requirements of subpart G of this chapter are not met because the plan does not provide for attainment and maintenance of the national standards for carbon monoxide in the Metropolitan Indianapolis Intrastate Region by May 31, 1975. (b) On December 21, 1999, the Indiana Department of Environmental Management submitted carbon monoxide maintenance plans for those portions of Lake and Marion Counties which they requested the Environmental Protection Agency redesignate to attainment of the carbon monoxide national ambient air quality standard. [38 FR 16565, June 22, 1973, as amended at 51 FR 40676, Nov. 7, 1986; 65 FR 2888, Jan. 19, 2000] § 52.786 Inspection and maintenance program. top (a) Definitions: (1) Inspection and maintenance program means a program to reduce emissions from in-use vehicles through identifying vehicles that need emission control related maintenance and requiring that such maintenance be performed. (2) Light-duty vehicle means a motor vehicle rated at 6,000 lb. GVW (gross vehicle weight) or less. (3) All other terms used in this section that are defined in part 51, subpart G of this chapter, are used herein with the meanings so defined. (b) This regulation is applicable in the County of Marion, Indiana (including all cities, towns and municipal corporations therein). (c) The State of Indiana shall establish and cause the implementation of an inspection and maintenance program applicable to all gasoline-powered light duty vehicles which are registered in Marion County. Such program shall conform with this §52.786. The Consolidated City of Indianapolis, the County of Marion, and other municipalities within the County of Marion, shall take all legislative, executive, or other action necessary to establish and implement the program required by this regulation. (d) Not later than April 1, 1975, the State of Indiana, the County of Marion and the Consolidated City of Indianapolis shall jointly submit to the Administrator, for his approval, legally adopted legislation and/or regulations establishing the regulatory scheme for the inspection/maintenance program required by paragraph (c) of this section. The legislation and/or regulations shall include: (1) Provisions requiring inspection of all light-duty motor vehicles subject to the inspection program required by paragraph (c) of this section at periodic intervals no more than 1 year apart by means of an idle test. Any class or category of vehicles that are found to be rarely used on public streets and highways (such as classic or antique vehicles) may be exempted. (2) Provisions for regulatory criteria that are consistent with achieving an 11 percent reduction of hydrocarbon emissions from light-duty vehicles. (3) Provisions ensuring that failed vehicles receive, within 30 days, the maintenance necessary to achieve compliance with the inspection standards. These provisions shall impose sanctions against owners of non-complying vehicles, require retest of failed vehicles following maintenance, require a suitable distinctive tag or sticker for display on complying vehicles, and include such other measures as are necessary or appropriate. (4) Provisions establishing a certification program to ensure that testing stations performing the required tests have the necessary equipment and knowledgeable operators to perform the tests satisfactorily, imposing sanctions against non-complying testing stations, and containing such other measures as necessary or appropriate to a testing program. (5) Provisions prohibiting vehicles from being intentionally readjusted or modified subsequent to the inspection and/or maintenance in such a way as would cause them no longer to comply with the inspection standards. These may include authorization of spot checks of idle adjustments or of a suitable type of physical seal or tag on vehicles. These provisions shall include appropriate penalties for violation by any person. (6) Designation of agency or agencies responsible for conducting, overseeing, and enforcing the inspection/maintenance program. Private parties may be designated to conduct parts of the program to certify compliance. (e) After July 1, 1976, the State of Indiana, County of Marion, the Consolidated City of Indianapolis, and other municipalities in Marion County shall not allow the operation on streets, roads, or highways under their ownership or control of any light duty motor vehicle subject to the inspection program established pursuant to paragraph (c) of this section that does not comply with the applicable standards and procedures adopted in accordance with paragraph (d) of this section. (f) After July 1, 1976, no person shall operate or allow the operation of any motor vehicle subject to the inspection program established pursuant to paragraph (c) of this section that does not comply with the applicable standards and procedures adopted in accordance with paragraph (d) of this section. (g) No later than October 1, 1974, the State of Indiana, County of Marion, and the Consolidated City of Indianapolis shall jointly submit to the Administrator, for his approval, a detailed compliance schedule showing the steps they will take to establish, operate and enforce the inspection program required by paragraph (c) of this section including: (1) A detailed description of the inspection program required by paragraph (c) of this section (including a description of the way in which the program will be established, operated, and enforced and the respective responsibilities of the State, county, and municipalities for such tasks). (2) A description of the legal authority for establishing and enforcing the inspection/maintenance program, including the text of proposed or adopted legislation and regulations. (3) Specific dates (day, month, and year) by which various steps to implement the inspection/maintenance system will be completed, such steps to include, at a minimum, the following: submitting final plans and specifications for the system to the Administrator for this approval (this date to be no later than February 1, 1975), ordering necessary equipment (this date to be no later than April 15, 1975), commencement of onsite construction and/or installation, and system operational (this date to be no later than April 15, 1975, commencement of onsite construction and/ior installation, and system operational (this date to be no later than July 1, 1975). (4) An identification of the sources and amounts of funds necessary to implement the system together with written assurances from the chief executive officers of the State, city, and county that they will seek such necessary funding from the appropriate legislative bodies. (5) Other provisions necessary or appropriate to carry out the program. (h) The State's December 2, 1992, commitment to timely adopt and implement enhanced inspection and maintenance (I/M) rules for Lake and Porter Counties is disapproved based on the failure of the State of Indiana to meet important milestones pertaining to the development and adoption of necessary authority for the I/M program. This disapproval initiates the sanction process of section 179(a) of the Act. [39 FR 12348, Apr. 5, 1974, as amended at 46 FR 38, Jan. 2, 1981; 51 FR 40677, Nov. 7, 1986; 55 FR 31052, July 31, 1990; 58 FR 62535, Nov. 29, 1993] § 52.787 Gasoline transfer vapor control. top (a) Gasoline means any petroleum distillate having a Reid vapor pressure of 4 pounds or greater. (b) This section is applicable in the County of Marion, Indiana (including all cities, towns and municipal corporations therein). (c) No person shall transfer or permit the transfer of gasoline from any delivery vessel into any stationary source container with a capacity greater than 250 gallons unless such container is equipped with a submerged fill pipe and unless the displaced vapors from the storage container are processed by a control system that prevents release to the atmosphere of no less than 90 percent by weight of organic compounds in said vapors displaced from the stationary storage container location. The control system shall include one or more of the following: (1) A vapor-tight return line from the storage container to the delivery vessel and a system that will ensure that the vapor return line is connected before gasoline can be transferred into the container. If a “vapor-balance return” system is used to meet the requirements of this section, the system shall be so constructed as to be readily adapted to retrofit with an adsorption system, refrigeration-condensation system or equivalent system connected to the stationary storage container. (2) Refrigeration-condensation sys- tem or adsorption system connected to the stationary storage container. (3) An equivalent system, approved by the Administrator or his designee, designed to recover or eliminate no less than 90 percent by weight of the organic compounds in the displaced vapor. (d) No person shall own or operate a delivery vessel containing gasoline unless the delivery vessel is so designed and maintained as to be vapor-tight at all times. This paragraph (d) shall not apply to delivery vessels in transit through Marion County which neither are filled nor deliver gasoline therein, nor shall this paragraph (d) be construed to prohibit safety-valves on other devices required by governmental safety regulations. Delivery vessels which are filled in Marion County but do not deliver in Marion County may be controlled only for filling. (e) No person shall own or operate a facility for the filling of delivery vessels with gasoline unless the facility is equipped with a control system, which can recover or eliminate at least 90 percent by weight of the organic compounds in the vapors displaced from the delivery vessel during refilling. Facilities which have a daily throughput of 20,000 gallons or less are required to have a vapor recovery system in operation no later than May 31, 1977. Delivery vessels and storage containers served exclusively by facilities required to have a vapor recovery system in operation no later than May 31, 1977, also will be required to meet the provisions of this section no later than May 31, 1977. (f) After March 1, 1976, no person shall intentionally release gasoline vapors from a delivery vessel, except to a control system that can recover or eliminate at least 90 percent by weight of organic compounds in the vapors released. (g) The provisions of paragraph (c) of this section shall not apply to the following: (1) Stationary containers having a capacity less than 550 gallons used exclusively for the fueling of farming equipment. (2) Any stationary container having a capacity less than 2,000 gallons installed prior to promulgation of this paragraph. (3) Transfer made to storage tanks equipped with floating roofs or their equivalent. (4) Gasoline storage compartments of 1,000 gallons or less in gasoline delivery vessels in use on the promulgated date of this regulation will not be required to be retrofitted with a vapor return system until January 1, 1977. (h) The operation of a source, otherwise, subject to paragraph (c), (d), or (e) of this section, shall not be a violation of paragraph (c), (d), or (e), respectively, if the following acts shall be completed with respect to such source before the following dates: (1) October 1, 1974. The owner of the source or his designee shall submit to the Administrator, a final control plan, which describes at a minimum the steps that will be taken by the source to achieve compliance with the applicable provisions of paragraphs (c), (d), and (e) of this section. (2) March 1, 1975. Negotiate and sign all necessary contracts for control systems, or issue orders for the purchase of component parts to accomplish emission control. (3) May 1, 1975. Initiate on-site construction or installation of control system equipment. (4) February 1, 1976. Complete on-site construction or installation of control system equipment. (5) March 1, 1976. Achieve final compliance with the applicable provisions of paragraphs (c), (d), and (e) of this section. (6) Any owner of a source subject to the compliance schedule in this paragraph shall certify to the Administrator, within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met. (i) As an alternative to compliance with the schedule under paragraph (h) of this section: (1) The owner of a source which is in compliance with the provisions of paragraph (c), (d), or (e) of this section, shall certify such compliance to the Administrator by October 1, 1974. The Administrator may request whatever supporting information he considers necessary for proper certification. (2) A source for which a compliance schedule is adopted by the State and approved by the Administrator may operate in conformity with such compliance schedule. (3) The owner of a source may submit to the Administrator, by October 1, 1974, a proposed alternative compliance schedule. No such schedule may provide for compliance after March 1, 1976. Until promulgated by the Administrator, such source shall conform with applicable portions of paragraph (c), (d), (e), or (h) of this section. Upon promulgation of the compliance schedule by the Administrator, no person shall own or operate the source except in conformity with the promulgated schedule. (j) Nothing in this section shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (h) of this section fails to satisfy the requirements of §51.15 (b) and (c) of this chapter. (k) Any new container, facility, or vessel subject to this regulation that is placed in operation after October 1, 1974, shall within 30 days of commencing operation submit a compliance schedule in conformity with paragraph (i) of this section and shall otherwise comply with this section. Any facility subject to this regulation that is placed in operation after March 1, 1976, shall comply with the applicable requirements of this section immediately upon commencing operation. [39 FR 12349, Apr. 5, 1974, as amended at 39 FR 41253, Nov. 26, 1974; 41 FR 56643, Dec. 29, 1976; 42 FR 29004, June 7, 1977] § 52.788 Operating permits. top Emission limitations and other provisions contained in operating permits issued by the State in accordance with the provisions of the federally approved permit program shall be the applicable requirements of the federally approved State Implementation Plan (SIP) for Indiana for the purpose of sections 112(b) and 113 of the Clean Air Act and shall be enforceable by the United States Environmental Protection Agency (USEPA) and any person in the same manner as other requirements of the SIP. USEPA reserves the right to deem an operating permit not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the permit, permit approval procedures or permit requirements which do not conform with the operating permit program requirements or the requirements of USEPA's underlying regulations. [60 FR 43012, Aug. 18, 1995] §§ 52.789-52.792 [Reserved] top § 52.793 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21(a)(2) and (b) through (bb) are hereby incorporated and made a part of the applicable state plan for the State of Indiana. (c) All applications and other information required pursuant to §52.21 from sources located in the State of Indiana shall be submitted to the Commissioner, Indiana Department of Environmental Management, 105 South Meridian Street, P.O. Box 6015, Indianapolis, IN 46206. [45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988; 68 FR 11323, Mar. 10, 2003] § 52.794 Source surveillance. top (a) The requirements of 51.212 of this chapter are not met by the phrase “for more than a cumulative total of 15 minutes in a 24-hour period” contained in section 1 of APC–3 of the Indiana Air Pollution Control Regulations. (b) [Reserved] (c) 325 IAC 5–1 (October 6, 1980, submittal—§52.770(c)(53)) is disapproved for the Lake County sources specifically listed in Table 2 of 325 IAC 6–1–10.2 (§52.770(c)(57)); for pushing and quenching sources throughout the State (August 27, 1981, 325 IAC 11–3–2 (g) and (h)—§52.770(c)(42)); and for coke oven doors in Lake and Marion Counties (325 IAC 11–3–2(f)—§52.770(c)(42)). Applicability of this regulation to these sources is being disapproved because 325 IAC 5–1 does not meet the enforceability requirements of §51.22 as it applies to these sources. Opacity limits in 325 IAC 6–1–10.2 and certain opacity limits in 325 IAC 11–3 supersede those in 325 IAC 5–1, and USEPA has previously disapproved these superseding regulations (§52.776 (j), (g), and (f), respectively). [40 FR 50033, Oct. 28, 1975; 41 FR 3475, Jan. 23, 1976, as amended at 48 FR 55860, Dec. 16, 1983; 51 FR 40676, 40677, Nov. 7, 1986; 52 FR 3644, Feb. 5, 1987; 52 FR 23038, June 17, 1987] § 52.795 Control strategy: Sulfur dioxide. top (a) Revised APC–13 (December 5, 1974 submission) of Indiana's Air Pollution Control regulations (sulfur dioxide emission limitation) is disapproved insofar as the provisions identified below will interfere with the attainment and maintenance of the suffix dioxide ambient air quality standards: (1) The phrase “equivalent full load” in section 1(b)(2). (2) The formula “Ep=17.0 Qm 0.67 where Ep=Em×Qm” in section 2(a). (3) The phrase “Direct fired process operations” in sections 2(a), 3(c), 4(b), and 4(c). (4) The modification of Qm for non-Indiana coal as expressed in Section 2(a). (b) The requirements of §51.281 are not met by Warrick and Culley electrical generating stations enforcement orders which would revise the sulfur dioxide emission limitations for these two stations. (c) The requirements of §51.110(e) are not met by Wayne, Dearborn, Jefferson, Porter, and Warrick Counties. (d)–(e) [Reserved] (f) Approval—On March 14, 1996, the State of Indiana submitted a maintenance plan for Lawrence, Washington, and Warren Townships in Marion County and the remainder of the county, and requested that it be redesignated to attainment of the National Ambient Air Quality Standard for sulfur dioxide. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. (g) Approval—On June 17, 1996, the State of Indiana submitted a maintenance plan for LaPorte, Vigo, and Wayne Counties and requested redesignation to attainment for the National Ambient Air Quality Standard for sulphur dioxide for each county in its entirety. The redesignation requests and maintenance plans satisfy all applicable requirements of the Clean Air Act. (h) Approval—On June 21, 2005, and as supplemented on August 11, 2005, the State of Indiana submitted a request to redesignate the Lake County sulfur dioxide (SO2) nonattainment area to attainment of the NAAQS. In its submittal, the State also requested that EPA approve the maintenance plan for the area into the Indiana SO2 SIP. The redesignation request and maintenance plan satisfy all applicable requirements of the Clean Air Act. [41 FR 35677, Aug. 24, 1976, as amended at 42 FR 34519, July 6, 1977; 47 FR 10825, Mar. 12, 1982; 47 FR 39168, Sept, 7 1982; 49 FR 585, Jan. 5, 1984; 51 FR 40676, 40677, Nov. 7, 1986; 53 FR 1358, Jan. 19, 1988; 54 FR 2118, Jan. 19, 1989; 61 FR 58486, Nov. 15, 1996; 70 FR 56131, Sept. 26, 2005] § 52.796 Industrial continuous emission monitoring. top (a) APC–8, Appendix I 1.2.3, 3.3, and 6.0 are disapproved because they do not meet the requirements of 40 CFR 51.214. (b)(1) The requirements of 40 CFR 51, Appendix P 3.3 are hereby incorporated and made a part of the applicable implementation plan for the State of Indiana. (2) APC–8 does not apply to any source scheduled for retirement by October 6, 1980, or within five years after the promulgation of continuous emission monitoring requirements for that source category in 40 CFR part 51, Appendix P 1.1, provided that adequate evidence and guarantees are provided that clearly show that the source will cease operations on or before such date. [43 FR 26722, June 22, 1978, as amended at 51 FR 40677, Nov. 7, 1986] § 52.797 Control strategy: Lead. top (a)–(b) [Reserved] (c) On January 12, 1988, Indiana'a Office of Air Management (OAM), Indiana Department of Environmental Management, agreed to review all relevant hood designs and performance guidance to determine which criteria to use in determining ongoing compliance with the capture efficiency provisions in 326 IAC 15–1 for Quemetco, Inc., and Refined Metals. Because these efficiencies are closely related to equipment design, OAM believes that a review of the process and control equipment designs and operating paramenters should provide the necessary determination of compliance. OAM will work with the Indianapolis local agency, the Indianapolis Air Pollution Control Division, on viable alternatives and will keep USEPA up to date on its progress. OAM anticipates that specific criteria for determining compliance will be incorporated into the sources' operation permits (and forwarded to USEPA for informational purposes), and, should the opportunity arise, 326 IAC 15–1 will be revised to similarly incorporate capture efficiency criteria. (d) On March 2, 2000, Indiana submitted a maintenance plan for Marion County as part of its request to redesignate the County to attainment of the lead standard. [53 FR 12905, Apr. 19, 1988, as amended at 53 FR 38722, Oct. 3, 1988; 54 FR 33896, Aug. 17, 1989; 65 FR 29963, May 10, 2000] § 52.798 Small business stationary source technical and environmental compliance assistance program. top The Indiana program submitted on January 14, 1993, as a requested revision to the Indiana State Implementation Plan satisfies the requirements of section 507 of the Clean Air Act Amendments of 1990. [58 FR 46544, Sept. 2, 1993] Subpart Q—Iowa top § 52.820 Identification of plan. top Link to an amendment published at 71 FR 9941, Feb. 28, 2006. Link to an amendment published at 71 FR 16051, Mar. 30, 2006. (a) Purpose and scope. This section sets forth the applicable SIP for Iowa under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR part 51 to meet NAAQS. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to August 10, 2004, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after August 10, 2004, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region VII certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of August 10, 2004. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region VII, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; or at the EPA, Air and Radiation Docket and Information Center, Room B–108, 1301 Constitution Avenue, NW (Mail Code 6102T), Washington, DC 20460; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA-approved regulations. EPA-Approved Iowa Regulations ---------------------------------------------------------------------------------------------------------------- State Iowa citation Title effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Iowa Department of Natural Resources Environmental Protection Commission [567] ---------------------------------------------------------------------------------------------------------------- Chapter 20_Scope of Title-Definitions-Forms-Rule of Practice ---------------------------------------------------------------------------------------------------------------- 567-20.1........................ Scope of Title......... 5/13/98 5/22/00, 65 FR 32031 567-20.2........................ Definitions............ 9/21/05 12/20/05, 70 FR The definitions for 75399 anaerobic lagoon, odor, odorous substance, and odorous substance source are not SIP approved. 567-20.3........................ Air Quality Forms 4/24/02 3/7/03, 68 FR 10971 Generally. ---------------------------------------------------------------------------------------------------------------- Chapter 21_Compliance ---------------------------------------------------------------------------------------------------------------- 567-21.1........................ Compliance Schedule.... 3/14/90 6/29/90, 55 FR 26690 567-21.2........................ Variances.............. 7/13/05 12/20/05, 70 FR 75399 567-21.3........................ Emission Reduction 3/14/90 6/29/90, 55 FR 26690 Program. 567-21.4........................ Circumvention of Rules. 3/14/90 6/29/90, 55 FR 26690 567-21.5........................ Evidence Used in 11/16/94 10/30/95, 60 FR Establishing That a 55198 Violation Has or Is Occurring. ---------------------------------------------------------------------------------------------------------------- Chapter 22_Controlling Pollution ---------------------------------------------------------------------------------------------------------------- 567-22.1........................ Permits Required for 7/13/05 12/20/05, 70 FR Subrules 22.1(2) and New or Existing 75399 22.1(2) ``i'' have Stationary Sources. a state effective date of 5/23/01. 567-22.2........................ Processing Permit 4/9/97 6/25/98, 63 FR 34600 Applications. 567-22.3........................ Issuing Permits........ 7/13/05 12/20/05, 70 FR Subrule 22.3(6) is 75399 not SIP approved. 567-22.4........................ Special Requirements 3/14/01 3/04/02, 67 FR 9593 for Major Stationary Sources Located in Areas Designated Attainment or Unclassified (PSD). 567-22.5........................ Special Requirements 7/21/99 3/04/02, 67 FR 9593 for Nonattainment Areas. 567-22.8........................ Permit by Rule......... 7/21/99 3/04/02, 67 FR 9593 567-22.9........................ Special Requirements 04/20/05 09/13/05, 70 FR for Visibility 53939 Protection. 567-22.105...................... Title V Permit 11/16/94 10/30/95, 60 FR Only subparagraph Applications. 55198 (2)i(5) is included in the SIP. 567-22.200...................... Definitions for 10/18/95 4/30/96, 61 FR 18958 Voluntary Operating Permits. 567-22.201...................... Eligibility for 4/24/02 3/7/03, 68 FR 10971 Voluntary Operating Permits. 567-22.202...................... Requirement to Have a 4/9/97 6/25/98, 63 FR 34601 Title V Permit. 567-22.203...................... Voluntary Operating 10/14/98 3/04/02, 67 FR 9593 Permit Applications. 567-22.204...................... Voluntary Operating 12/14/94 4/30/96, 61 FR 18958 Permit Fees. 567-22.205...................... Voluntary Operating 12/14/94 4/30/96, 61 FR 18958 Permit Processing Procedures. 567-22.206...................... Permit Content......... 10/18/95 4/30/96, 61 FR 18958 567-22.207...................... Relation to 12/14/94 4/30/96, 61 FR 18958 Construction Permits. 567-22.208...................... Suspension, 12/14/94 4/30/96, 61 FR 18958 Termination, and Revocation of Voluntary Operating Permits. 567-22.209...................... Change of Ownership for 7/13/05 12/20/05, 70 FR Facilities with 75399 Voluntary Operating Permits. 567-22.300...................... Operating Permit by 7/13/05 12/20/05, 70 FR Subrule 22.300(7) Rule for Small Sources. 75399 ``c'' has a state effective date of 10/14/98. Chapter 23_Emission Standards for Contaminants ---------------------------------------------------------------------------------------------------------------- 567-23.1........................ Emission Standards..... 10/14/98 5/22/00, 65 FR 32031 Subrules 23.1(2)-(5) are not SIP approved. 567-23.2........................ Open Burning........... 1/14/04 11/3/04, 69 FR 63947 Subrule 23.2(3)g(2) was not submitted for approval. Variances from open burning rule 23.2(2) are subject to EPA approval. 567-23.3........................ Specific Contaminants.. 12/15/04 5/2/05, 70 FR 22599 Subrule 23.3(3) ``d'' is not SIP approved. 567-23.4........................ Specific Processes..... 7/21/99 3/04/02, 67 FR 9593 Subrule 23.4(10) is not SIP approved. ---------------------------------------------------------------------------------------------------------------- Chapter 24_Excess Emissions ---------------------------------------------------------------------------------------------------------------- 567-24.1........................ Excess Emission 5/13/98 5/22/00, 65 FR 32031 Reporting. 567-24.2........................ Maintenance and Repair 3/14/90 6/29/90, 55 FR 26690 Requirements. ---------------------------------------------------------------------------------------------------------------- Chapter 25_Measurement of Emissions ---------------------------------------------------------------------------------------------------------------- 567-25.1........................ Testing and Sampling of 7/13/05 12/20/05, 70 FR New and Existing 75399 Equipment. ---------------------------------------------------------------------------------------------------------------- Chapter 26_Prevention of Air Pollution Emergency Episodes ---------------------------------------------------------------------------------------------------------------- 567-26.1........................ General................ 3/14/90 6/29/90, 55 FR 26690 567-26.2........................ Episode Criteria....... 3/14/90 6/29/90, 55 FR 26690 567-26.3........................ Preplanned Abatement 3/14/90 6/29/90, 55 FR 26690 Strategies. 567-26.4........................ Actions During Episodes 3/14/90 6/29/90, 55 FR 26690 ---------------------------------------------------------------------------------------------------------------- Chapter 27_Certificate of Acceptance ---------------------------------------------------------------------------------------------------------------- 567-27.1........................ General................ 3/14/90 6/29/90, 55 FR 26690 567-27.2........................ Certificate of 3/14/90 6/29/90, 55 FR 26690 Acceptance. 567-27.3........................ Ordinance or 3/14/90 6/29/90, 55 FR 26690 Regulations. 567-27.4........................ Administrative 3/14/90 6/29/90, 55 FR 26690 Organization. 567-27.5........................ Program Activities..... 3/14/90 6/29/90, 55 FR 26690 ---------------------------------------------------------------------------------------------------------------- Chapter 28_Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- 567-28.1........................ Statewide Standards.... 3/14/90 6/29/90, 55 FR 26690 ---------------------------------------------------------------------------------------------------------------- Chapter 29_Qualification in Visual Determination of the Opacity of Emissions ---------------------------------------------------------------------------------------------------------------- 567-29.1........................ Methodology and 5/13/98 5/22/00, 65 FR 32031 Qualified Observer. ---------------------------------------------------------------------------------------------------------------- Chapter 31_Nonattainment Areas ---------------------------------------------------------------------------------------------------------------- 567-31.1........................ Permit Requirements 2/22/95 10/23/97, 62 FR Relating to 55172 Nonattainment Areas. 567-31.2........................ Conformity of General 5/13/98 5/22/00, 65 FR 32031 Federal Actions to the Iowa SIP or Federal Implementation Plan. ---------------------------------------------------------------------------------------------------------------- Linn County ---------------------------------------------------------------------------------------------------------------- Chapter 10...................... Linn County Air Quality 03/01/05 08/16/05, 70 FR 10.2, Definitions of Ordinance, Chapter 10. 48073 Federally Enforceable, Maximum Achievable Control Technology (MACT), and MACT floor; 10.4(1), Title V Permits; 10.9(2), NSPS; 10.9(3), Emission Standards for HAPs; 10.9(4), Emission Standards for HAPs for Source Categories; 10.11, Emission of objectionable odors; and, 10.15, Variances are not a part of the SIP. ---------------------------------------------------------------------------------------------------------------- Polk County ---------------------------------------------------------------------------------------------------------------- CHAPTER V....................... Polk County Board of 1/6/04 3/30/05, 70 FR 16126 Article I, Section 5- Health Rules and 2, definition of Regulations Air ``variance''; Pollution Chapter V. Article VI, Sections 5-16(n), (o) and (p); Article VIII, Article IX, Sections 5-27(3) and (4); Article XIII, and Article XVI, Section 5-75 (b) are not a part of the SIP. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State source-specific orders/permits. EPA-Approved Iowa Source-Specific Orders/Permits ---------------------------------------------------------------------------------------------------------------- State Name of source Order/permit No. effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- (1) Archer-Daniels Midland 90-AQ-10............ 3/25/91 11/1/91, 56 FR 56158. Company. (2) Interstate Power Company..... 89-AQ-04............ 2/21/90 11/1/91, 56 FR 56158. (3) Grain Processing Corporation. 74-A-015-S.......... 9/18/95 12/1/97, 62 FR 63454. (4) Grain Processing Corporation. 79-A-194-S.......... 9/18/95 12/1/97, 62 FR 63454. (5) Grain Processing Corporation. 79-A-195-S.......... 9/18/95 12/1/97, 62 FR 63454. (6) Grain Processing Corporation. 95-A-374............ 9/18/95 12/1/97, 62 FR 63454. (7) Muscatine Power and Water.... 74-A-175-S.......... 9/14/95 12/1/97, 62 FR 63454. (8) Muscatine Power and Water.... 95-A-373............ 9/14/95 12/1/97, 62 FR 63454. (9) Monsanto Corporation......... 76-A-161S3.......... 7/18/96 12/1/97, 62 FR 63454. (10) Monsanto Corporation........ 76-A-265S3.......... 7/18/96 12/1/97, 62 FR 63454. (11) IES Utilities, Inc.......... 97-AQ-20............ 11/20/98 3/11/99, 64 FR 12090 SO2 Control Plan for Cedar Rapids. (12) Archer-Daniels-Midland SO2 Emissions 9/14/98 3/11/99, 64 FR 12090 ADM Corn Processing Corporation. Control Plan. SO2 Control Plan for Cedar Rapids. (13) Linwood Mining and Minerals 98-AQ-07............ 3/13/98 3/18/99, 64 FR 13346 PM10 control plan for Corporation. Buffalo. (14) Lafarge Corporation......... 98-AQ-08............ 3/13/98 3/18/99, 64 FR 13346 PM10 control plan for Buffalo. (15) Holnam, Inc................. A.C.O. 1999-AQ-31... 9/2/99 11/06/02, 67 FR 67565 For a list of the 47 permits issued for individual emission points see IDNR letters to Holnam, Inc., dated 7/24/01. (16) Holnam, Inc................. Consent Amendment to 5/16/01 11/06/02, 67 FR 67565 For a list of the 47 A.C.O. 1999-AQ-31. permits issued for individual emission points see IDNR letters to Holnam, Inc., dated 7/24/01. (17) Holnam, Inc................. Permits for 17-01- 7/24/01 11/06/02, 67 FR 67565 For a list of the 47 009, Project Nos. permits issued for 99-511 and 00-468. individual emission points see IDNR letters to Holnam, Inc., dated 7/24/01. (18) Lehigh Portland Cement A.C.O. 1999-AQ-32... 9/2/99 11/06/02, 67 FR 67565 For a list of the 41 Company. permits issued for individual emission points see IDNR letters to Lehigh dated 7/24/01 and 2/ 18/02. (19) Lehigh Portland Cement Permits for plant 2/18/02 11/06/02, 67 FR 67565 For a list of the 41 Company. No. 17-01-005, permits issued for Project Nos. 99-631 individual emission and 02-037. points see IDNR letters to Lehigh dated 7/24/01 and 2/ 18/02. (20) Blackhawk Foundry and A.C.O. 03-AQ-51..... 12/4/2003 6/10/04, 69 FR 32456 Together with the Machine Company. permits listed below this order comprises the PM10 control strategy for Davenport, Iowa. (21) Blackhawk Foundry and Permit No. 02-A-116 8/19/02 6/10/04, 69 FR 32456 Provisions of the Machine Company. (Cold Box Core permit that relate Machine). to pollutants other than PM10 are not approved by EPA as part of this SIP. (22) Blackhawk Foundry and Permit No. 02-A-290 8/19/02 6/10/04, 69 FR 32456 Provisions of the Machine Company. (Wheelabrator #2 permit that relate and Casting to pollutants other Sorting). than PM10 are not approved by EPA as part of this SIP. (23) Blackhawk Foundry and Permit No. 02-A-291 8/19/02 6/10/04, 69 FR 32456 Provisions of the Machine Company. (Mold Sand Silo). permit that relate to pollutants other than PM10 are not approved by EPA as part of this SIP. (24) Blackhawk Foundry and Permit No. 02-A-292 8/19/02 6/10/04, 69 FR 32456 Provisions of the Machine Company. (Bond Storage). permit that relate to pollutants other than PM10 are not approved by EPA as part of this SIP. (25) Blackhawk Foundry and Permit No. 02-A-293 8/19/02 6/10/04, 69 FR 32456 Provisions of the Machine Company. (Induction Furnace permit that relate and Aluminum Sweat to pollutants other Furnace). than PM10 are not approved by EPA as part of this SIP. (26) Blackhawk Foundry and Permit No. 77-A-114- 8/19/02 6/10/04, 69 FR 32456 Provisions of the Machine Company. S1 (Wheelabrator #1 permit that relate & Grinding). to pollutants other than PM10 are not approved by EPA as part of this SIP. (27) Blackhawk Foundry and Permit No. 84-A-055- 8/19/02 6/10/04, 69 FR 32456 Provisions of the Machine Company. S1 (Cupola ladle, permit that relate Pour deck ladle, to pollutants other Sand shakeout, than PM10 are not Muller, Return sand approved by EPA as #1, Sand cooler, part of this SIP. Sand screen, and Return sand #2). (28) Blackhawk Foundry and Permit No. 72-A-060- 8/19/02 6/10/04, 69 FR 32457 Provisions of the Machine Company. S5 (Cupola). permit that relate to pollutants other than PM10 are not approved by EPA as part of this SIP. ---------------------------------------------------------------------------------------------------------------- (e) The EPA approved nonregulatory provisions and quasi-regulatory measures. EPA-Approved Iowa Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal EPA approval date Explanation provision nonattainment area date ---------------------------------------------------------------------------------------------------------------- (1) Air Pollution Control Statewide........... 1/27/72 5/31/72, 37 FR 10842 Implementation Plan. (2) Request for a Two Year Council Bluffs...... 1/27/72 5/31/72, 37 FR 10842 Correction notice Extension to Meet the NAAQS. published 3/2/76. (3) Revisions to Appendices D and Statewide........... 2/2/72 5/31/72, 37 FR 10842 Correction notice G. published 3/2/76. (4) Source Surveillance and Statewide........... 4/14/72 3/2/76, 41 FR 8960 Record Maintenance Statements. (5) Statement Regarding Public Statewide........... 5/2/72 3/2/76, 41 FR 8960 Availability of Emissions Data. (7) Letter Describing the Linn County, Polk 12/14/72 10/1/76, 41 FR 43407 Certificates of Acceptance for County. Local, Air Pollution Control Programs. (8) High Air Pollution Episode Statewide........... 6/20/73 10/1/76, 41 FR 43407 Contingency Plan. (9) Summary of Public Hearing on Statewide........... 9/3/75 10/1/76, 41 FR 43407 Revised Rules Which Were Submitted on July 17, 1975. (10) Air Quality Modeling to Statewide........... 3/4/77 6/1/77, 42 FR 27892 Support Sulfur Dioxide Emission Standards. (11) Nonattainment Plans......... Mason City, 6/22/79 3/6/80, 45 FR 14561 Davenport, Cedar Rapids, Des Moines. (12) Information on VOC Sources Linn County......... 10/8/79 3/6/80, 45 FR 14561 to Support the Nonattainment Plan. (13) Information and Commitments Linn County......... 11/16/79 3/6/80, 45 FR 14561 Pertaining to Legally Enforceable RACT Rules to Support the Nonattainment Plan. (14) Lead Plan................... Statewide........... 8/19/80 3/20/81, 46 FR 17778 (15) Letter to Support the Lead Statewide........... 1/19/81 3/20/81, 46 FR 17778 Plan. (16) Nonattainment Plans to Mason City, Cedar 4/18/80 4/17/81, 46 FR 22372 Attain Secondary Standards. Rapids, Des Moines, Davenport, Keokuk, Council Bluffs, Fort Dodge, Sioux City, Clinton, Marshalltown, Muscatine, Waterloo. (17) Information to Support the Mason City, Cedar 9/16/80 4/17/81, 46 FR 22372 Particulate Matter Nonattainment Rapids, Des Moines, Plan. Davenport, Keokuk, Council Bluffs, Fort Dodge, Sioux City, Clinton, Marshalltown, Muscatine, Waterloo. (18) Information to Support the Mason City, Cedar 11/17/80 4/17/81, 46 FR 22372 Particulate Matter Nonattainment Rapids, Des Moines, Plan. Davenport, Keokuk, Council Bluffs, Fort Dodge, Sioux City, Clinton, Marshalltown, Muscatine, Waterloo. (19) Schedule for Studying Mason City, Cedar 6/26/81 3/5/82, 47 FR 9462 Nontraditional Sources of Rapids, Des Moines, Particulate Matter and for Davenport, Keokuk, Implementing the Results. Council Bluffs, Fort Dodge, Sioux City, Clinton, Marshalltown, Muscatine, Waterloo. (20) Air Monitoring Strategy..... Statewide........... 7/15/81 4/12/82, 47 FR 15583 (21) Letter of Commitment to Statewide........... 5/14/85 9/12/85, 50 FR 37176 Revise Unapprovable Portions of Chapter 22. (22) Letter of Commitment to Statewide........... 4/22/86 7/11/86, 51 FR 25199 Submit Stack Height Regulations and to Implement the EPA's Regulations until the State's Rules Are Approved. (23) Letter of Commitment to Statewide........... 4/22/87 6/26/87, 52 FR 23981 Implement the Stack Height Regulations in a Manner Consistent with the EPA's Stack Height Regulations with Respect to NSR/PSD Regulations. (24) PM10 SIP.................... Statewide........... 10/28/88 8/15/89, 54 FR 33536 (25) Letter Pertaining to NOX Statewide........... 11/8/90 2/13/91, 56 FR 5757 Rules and Analysis Which Certifies the Material Was Adopted by the State on October 17, 1990. (26) SO2 Plan.................... Clinton............. 3/13/91 11/1/91, 56 FR 56158 (27) Letter Withdrawing Variance Polk County......... 10/23/91 11/29/91, 56 FR 60924 Correction notice Provisions. published 1/26/93. (28) Letter Concerning Open Statewide........... 10/3/91 1/22/92, 57 FR 2472 Burning Exemptions. (29) Compliance Sampling Manual.. Statewide........... 1/5/93 5/12/93, 58 FR 27939 (30) Small Business Assistance Statewide........... 12/22/92 9/27/93, 58 FR 50266 Plan. (31) Voluntary Operating Permit Statewide........... 12/8/94, 4/30/96, 61 FR 18958 Program. 2/16/96, 2/27/96 (32) SO2 Plan.................... Muscatine........... 6/19/96, 12/1/97, 62 FR 63454 5/21/97 (33) SO2 Maintenance Plan........ Muscatine........... 4/25/97 3/19/98, 63 FR 13343 (34) SO2 Control Plan............ Cedar Rapids........ 9/11/98 3/11/99, 64 FR 12090 (35) PM10 Control Plan........... Buffalo, Iowa....... 10/1/98 3/18/99, 64 FR 13346 ---------------------------------------------------------------------------------------------------------------- [64 FR 7094, Feb. 12, 1999, as amended at 64 FR 12090, Mar. 11, 1999; 64 FR 13345, Mar. 18, 1999; 64 FR 17550, Apr. 12, 1999; 64 FR 68292, Dec. 7, 1999; 65 FR 9222, Feb. 24, 2000; 65 FR 32031, May 22, 2000; 67 FR 9593, Mar. 4, 2002; 67 FR 62891, Oct. 9, 2002; 67 FR 67565, Nov. 6, 2002; 68 FR 10971, Mar. 7, 2003; 68 FR 58022, Oct. 8, 2003; 68 FR 62501, Nov. 4, 2003; 69 FR 1538, Jan. 9, 2004; 69 FR 2967, Jan. 21, 2004; 69 FR 32456, June 10, 2004; 69 FR 56944, Sept. 23, 2004; 69 FR 63949, Nov. 3, 2004; 69 FR 65378, Nov. 12, 2004; 70 FR 16129, Mar. 30, 2005; 70 FR 22602, May 2, 2005; 70 FR 48077, Aug. 16, 2005; 70 FR 53941, Sept. 13, 2005] § 52.821 Classification of regions. top The Iowa plan was evaluated on the basis of the following classification: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Metropolitan Omaha-Council Bluffs Interstate......... I II III III III Metropolitan Sioux Falls Interstate.................. II III III III III Metropolitan Sioux City Interstate................... III III III III III Metropolitan Dubuque Interstate...................... I III III III III Metropolitan Quad Cities Interstate.................. I III III III III Burlington-Keokuk Interstate......................... I I III III III Northwest Iowa Intrastate............................ III III III III III North Central Iowa Intrastate........................ IA III III III III Northeast Iowa Intrastate............................ I III III III III Southwest Iowa Intrastate............................ III III III III III South Central Iowa Intrastate........................ I III III III I Southeast Iowa Intrastate............................ III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10865, May 31, 1972, as amended at 39 FR 16346, May 8, 1974] § 52.822 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves Iowa's plan for the attainment and maintenance of the national standards. Further, the Administrator finds the plan satisfies all requirements of Part D, Title I, of the Clean Air Act as amended in 1977, except as noted below. [45 FR 14567, Mar. 6, 1980, as amended at 46 FR 47546, Sept. 29, 1981] § 52.823 PM10 State Implementation Plan Development in Group II Areas. top The Iowa Department of Natural Resources committed to comply with the PM10 regulations as set forth in 40 CFR part 51. In a letter to Morris Kay, EPA, dated October 28, 1988, Mr. Larry J. Wilson, Director, Iowa Department of Natural Resources, stated: Three groups within the State of Iowa have been classified as Group II areas for fine particulate (PM–10) State Implementation Plan (SIP) development purposes. This includes portions of the cities of Des Moines, Mason City, and Cedar Rapids. The specific boundaries of these areas were identified in a letter of October 13, 1987, from Peter R. Hamlin to Carl Walter. The remainder of the State was classified as Group III. In accordance with the SIP development procedures identified in the preamble of the PM–10 regulations for Implementing Revised Particulate Matter Standards, promulgated July 1, 1987, the State of Iowa commits to perform the following activities in these three Group II areas of the state: (a) Gather ambient PM–10 data, to an extent consistent with minimum EPA requirements (note the network description contained in a letter of January 26, 1988, from Peter R. Hamlin to John Helvig). (b) Analyze and verify the ambient PM–10 data and report exceedances of the 24-hour PM–10 National Ambient Air Quality Standards (NAAQS) to the Regional Office within 60 days of each exceedance. (c) Immediately notify the Regional Office: (1) Upon the availability of an appropriate number of verifiable 24-hour NAAQS exceedances to indicate a violation (see Section 2.0 of the PM–10 SIP development guideline) or (2) when an annual arithmetic mean (AAM) above the annual PM–10 NAAQS becomes available. (d) Within thirty (30) days of any notification of the Regional Office pursuant to (c) above (or upon collection of thirty-six (36) months of PM–10 ambient air quality data acceptable to EPA, whichever comes first) determine whether the measures in the existing SIP will assure timely attainment and maintenance of the primary PM–10 NAAQS and immediately notify the Regional Office of the results of this determination. (e) Within six (6) months of any notification pursuant to (d) above, adopt and submit to EPA a PM–10 control strategy that assures attainment as expeditiously as practicable but not later than three (3) years from approval of the Committal SIP. Because of the uncertainty about when the determination can be made pursuant to (d) above, it is difficult to determine if that control strategy could provide for the attainment of the PM–10 NAAQS within three years from the date EPA approves thisCommittal SIP. Therefore, I reserve the right to request a two-year extension of the attainment date as provided in Section 110(e) of the Clean Air Act, if and when the State of Iowa submits a SIP revision for any of these areas of the state. The State of Iowa also commits to develop a PM–10 emission inventory for the areas submitted as part of any PM–10 SIP pursuant to items (c), (d), and (e) above. If the PM–10 NAAQS are not violated, the State of Iowa will proceed with this inventory for the three Group II areas in accordance with the following schedule: October 1, 1988—Request special assistance funds from EPA to perform the inventory. October 1, 1989—Initiate inventory. August 1, 1990—Complete inventory. October 31, 1990* —Submit inventory as part of a determination of adequacy that the current SIP will attain and maintain the PM–10 NAAQS. *Presuming that sufficient ambient data acceptable to EPA are collected by July 31, 1990, and available by September 30, 1990. [54 FR 33539, Aug. 15, 1989] § 52.824 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of Iowa” and all revisions submitted by Iowa that were Federally approved prior to July 1, 1998. (b) The plan was officially submitted on January 27, 1972. (c) The plan revisions listed below were submitted on the dates specified: (1) Request for a two-year extension to meet the National Primary and Secondary Ambient Air Quality Standards for nitrogen dioxide in the Metropolitan Omaha-Council Bluffs Interstate Air Quality Control Region was submitted by the Governor on January 27, 1972. (Non-regulatory) (2) Revisions of Appendices D and G of the plan were submitted on February 2, 1972, by the State Department of Health. (Non-regulatory) (3) Source surveillance and record maintenance statements were submitted on April 14, 1972, by the State Department of Health. (Non-regulatory) (4) Revised statement regarding public availability of emission data was submitted on May 2, 1972, by the State Department of Health. (Non-regulatory) (5) State submitted Senate File 85 which created the Department of Environmental Quality and replaced the Iowa air pollution control statute which appeared as Chapter 136B of the Code of Iowa, on May 4, 1972. (Regulatory) (6) A letter describing the issuance of a Certificate of Acceptance for the local air pollution control programs conducted by the Linn County Board of Health for the jurisdictions of the City of Cedar Rapids and Linn County, and the Des Moines-Polk County Health Department for the jurisdictions of the City of Des Moines and Polk County was submitted by the State Department of Health on December 14, 1972. (Non-regulatory) (7) Compliance schedules were submitted by the State in February 1973. (Regulatory) (8) Compliance schedules were submitted by the State in May 1973. (Regulatory) (9) The State of Iowa High Air Pollution Episode Contingency Plan was submitted on June 20, 1973, by the Governor. (10) The letter which requested the inclusion of the Linn County Health Department Rules and Regulations, the City of Cedar Rapids Air Pollution Control Ordinance, the Polk County Rules and Regulations—Air Pollution Control, and the City of Des Moines Air Pollution Control Regulations in the State of Iowa implementation plan was submitted by the State Department of Environmental Quality on June 25, 1974. (No approval action was taken on the request because it did not meet the procedural requirements specified in 40 CFR part 51.) (11) Revisions of Rules 2.1, 3.1, 3.4, 4.1, 4.3(3) and 4.3(4) of the Iowa Rules and Regulations Relating to Air Pollution Control were submitted on April 24, 1974 (by the Governor's office). (No approval or disapproval action was taken on amended Subrule 4.3(3)a., which restricts emissions of sulfur oxides from fuel-burning sources.) (Regulatory) (12) Compliance schedules were submitted by the State in May 1974. (13) Compliance schedules were submitted by the State in May 1974. (14) Compliance schedules were submitted by the State in July 1974. (15) Compliance schedules were submitted by the State in August 1974. (16) A letter from the Director of the Department of Environmental Quality, dated August 29, 1974, which requested that no further action be taken on Subrule 4.3(3) a. as submitted on April 24, 1974. (Regulatory) (17) Compliance schedules were submitted by the State in September 1974. (18) Compliance schedules were submitted by the State in November 1974. (19) Compliance schedules were submitted by the State in February 1975. (20) Compliance schedules were submitted by the State in April 1975. (21) Compliance schedules were submitted by the State in June 1975. (22) Revisions of Rules 1.2, 2.1, 3.1, 3.4, 4.1, 4.2, 4.3, 5.1, 7.1, 8.3 and 8.4 of the Iowa Rules and Regulations Relating to Air Pollution Control were submitted on July 17, 1975, by the Governor's office. (Regulatory) (No approval or disapproval action was taken on Subrules 4.3(2)c. or 4.3(3)b.) (23) Summary of the public hearing which was held on the revised rules which were submitted on July 17, 1975, by the Governor's office was submitted by the Iowa Department of Environmental Quality on September 3, 1975. (non-regulatory) (24) Letter which withdrew amended Subrule 4.3(2)c. from the proposed Iowa plan revision submitted on July 17, 1975, was submitted by the Governor's office on January 20, 1976. (25) Revisions to Rules 1.2, 2.1, 3.1, 3.2, 4.1, 4.3, 4.4, and new Chapters 14 and 52 of the Iowa Administrative Code Relating to Air Pollution Control were submitted June 9, 1976, by the Department of Environmental Quality (Subrules 4.3(3)a(1) and 4. 3(3)a(5) were disapproved). (26) Additional air quality modeling to support the sulfur dioxide emission standards of Subrules 4.3(3)a(1) and 4.3(3)a(2) was submitted March 4, 1977, by the Department of Environmental Quality (Non-regulatory). (26a) Revisions of Rules 1.2, 4.3(2)b, 4.4(6), 4.4(12) and of Chapter 7 of the Iowa Administrative Code relating to Air Pollution Control were submitted June 20, 1977, by the Department of Environmental Quality. (27) Nonattainment plan provisions as required by the Clean Air Act Amendments of 1977 were submitted on June 22, 1979, by the Department of Environmental Quality. The submission included amended rule 4.3(2) relating to fugitive dust and new rule 4.5 relating to offsets for particulate matter. The revisions included attainment plans for particulate in Mason City and Davenport, particulate and ozone in Cedar Rapids and particulate and carbon monoxide in Des Moines. The submission was disapproved in part for failure to meet the requirements of Section 173 and was conditionally approved with respect to several requirements. (28) On October 8, 1979, the Iowa Department of Environmental Quality submitted additional information to support the June 22, 1979, submission. (29) On November 16, 1979, the Iowa Air Quality Commission submitted additional information and commitments to allow approval or conditional approval of portions of the June 22, 1979, submission. (30) Nonattainment plan provisions as required by the Clean Air Act Amendments of 1977 were submitted on April 18, 1980, by the Department of Environmental Quality. The submission included amended rule 4.3(2) relating to fugitive dust and amended rule 3.5 relating to particulate matter offsets. The revisions included plans to attain the secondary particulate standards for all areas designated nonattainment as of March 6, 1980. The submission was conditionally approved with respect to several requirements. (31) The State of Iowa Lead State Implementation Plan was submitted on August 19, 1980 by the Director of the Department of Environmental Quality. (32) Additional information to support the April 18, 1980 submission was submitted on September 16, 1980, by the Department of Environmental Quality. (33) Additional information to support the April 18, 1980 submission was submitted on November 17, 1980, by the Department of Environmental Quality. (34) A revised Chapter 5, dealing with excess emissions and malfunctions was submitted on December 23, 1980, by the Department of Environmental Quality. (35) [Reserved] (36) A letter was submitted dated January 19, 1981 by the Director of the Department of Environmental Quality which provided additional information concerning the Iowa Lead State Implementation Plan. (37) A variance from 400—4.2(1) of the Iowa Administrative Code for the Iowa Army Ammunition Plant at Middletown, Iowa, was submitted on October 19, 1979 by the Executive Director. (38) Revisions to Subrule 400—4.3(2)“c” relating to fugitive emissions control and a document describing how this subrule is to be enforced were submitted on June 1, 1981, by the Department of Environmental Quality. (39) A schedule for studying nontraditional sources of particulate matter and for implementing the results of the studies in the form of control strategies was submitted on June 26, 1981 by the Department of Environmental Quality. (Non-Regulatory). (40) Revisions to Subrule 400—4.3(2)“b” relating to particulate emissions from fuel burning sources were submitted on July 31, 1981, by the Department of Environmental Quality. (41) The Iowa Ambient Air Monitoring Strategy was submitted July 15, 1981, by the Department of Environmental Quality (non-regulatory). (42) A conditional permit containing an alternative emission reduction program for the Progressive Foundry, Inc., of Perry, Iowa, under 400–3.7 and 400–4.6 of the Iowa Administrative Code; and an administrative order setting forth a compliance schedule, were submitted on December 18, 1981, by the Executive Director. The conditional permit specifies particulate emissions not to exceed 16.3 pounds per hour from the gray iron cupola with a process weight rate not to exceed 8534 pounds per hour and specifies the casting shakeout exhaust system shall not exceed 0.05 grains per standard cubic foot nor 12.8 pounds per hour of particulate matter. The compliance schedule specifies a final compliance date of September 1, 1983. (43) On July 1, 1983, the State's air pollution control regulations were recodified at Department 900, Title II, Chapters 20 through 29. (44) Revised Chapter 22 regulations, dealing with new source review in nonattainment areas, were submitted on July 18, 1984, by the Iowa Department of Water, Air and Waste Management. Subrules 22.5(4) g, i, and j remain unapproved. EPA will temporarily defer action on these subrules pending a May 14, 1985, commitment from the State to submit appropriate revisions. (i) Incorporation by reference. Revised Chapter 22 regulations, dealing with new source review in nonattainment areas, adopted by the State on July 17, 1984. (ii) Additional material.May 14, 1985, letter of commitment from the State to revise unapprovable portions of their Chapter 22 air pollution regulations. (45) Revised Chapter 22 subrules 22.5(2) a and b; and revised subrules 22.5(4) g, i, and j, all relating to new source review in nonattainment areas, were submitted on December 31, 1985, by the Iowa Department of Water, Air and Waste Management. (a) Incorporation by reference. (i) Revised Chapter 22 subrules 22.5(2) a and b; and subrules 22.5(4) g, i, and j, adopted by the State on December 17, 1985. (ii) April 22, 1986, letter of commitment from the Iowa Department of Water, Air and Waste Management to submit stack height regulations by May 30, 1986, and to implement EPA's stack height requirements until such time that the regulations are fully approved. (46) Revised Chapter 22 regulations pertaining to new source review in attainment and unclassified areas of the state (PSD) were submitted on March 9, 1987, by the Iowa Department of Natural Resources. (i) Incorporation by reference. (A) Iowa Administrative Bulletin (ARC 7446), amendments to Chapter 22, “Controlling Pollution,” adopted by the Iowa Environmental Protection Commission on February 17, 1987. (B) Letter from Iowa dated April 22, 1987, committing to implementation of its stack height regulations in a manner consistent with EPA's stack height regulations with respect to new source review/PSD regulations. (47) Revised Chapters 22 and 23 regulations pertaining to stack height credits for modeling purposes were submitted on May 20, 1986, by the Iowa Department of Natural Resources. Revised definition of “emission limitation” and “emission standard” at Iowa regulation 567.20.2(455B), Definitions. (i) Incorporation by reference. (A) Iowa Administrative Bulletin (ARC 6566), amendments to Chapter 22, “Controlling Pollution” and Chapter 23, “Emission Standards for Contaminants” adopted by the Iowa Environmental Protection Commission on April 22, 1986, effective June 25, 1986. (B) Iowa Administrative Bulletin (ARC 8023) amendment to 567–20.2(455B). Effective September 22, 1987. (48) Revised Chapter 22, subrule 22.1(2)“d” exemptions from permit requirements were submitted on September 13, 1988, by the Iowa Department of Natural Resources. The revision clarifies permit exemptions for certain grain roasting equipment. (i) Incorporation by reference. (A) Amendment to Chapter 22, “Controlling Pollution,” Iowa Administrative Code, subrule 22.1(2)“d”, effective September 14, 1988. (49) Revised Polk County, Iowa, Board of Health Rules and Regulations, Chapter V, Air Pollution, submitted by the Iowa Department of Natural Resources on February 3, 1988. EPA approves these regulations with the provision that any operating permit which changes any requirement of the Iowa SIP, including requirements in any construction permit, must be submitted to EPA, and approved, as a SIP revision. In the absence of such approval, the enforceable requirements shall be those in the Iowa SIP. (i) Incorporation by reference. (A) Ordinance No. 28, Amendment to Polk County Board of Health Rules and Regulations chapter V, Air Pollution, Article I, 5–1 and 5–2 (except for variance); Article II, 5–3; and Article X, 5–28 through 5.50–1 (except for 5–49 and 5–50), effective October 8, 1987. (ii) Additional material. (A) None. (50) Revised Linn County, Iowa, Chapter 10 Ordinance “Air Pollution Control” submitted as a SIP revision by the Iowa Department of Natural Resources on February 3, 1988. EPA approves these regulations with the provision that any operating permit which changes any requirement of the Iowa SIP, including requirements in any construction permit, must be submitted to EPA, and approved, as a SIP revision. In the absence of such approval, the enforceable requirements shall be those in the Iowa SIP. (i) Incorporation by reference. (A) Linn County Chapter 10 Ordinance “Air Pollution Control” sections 10.1 (except for 10.1(50)), 10.2, 10.3, and 10.4, adopted by the Linn County Board of Supervisors on September 2, 1987. (ii) Additional material. (A) None. (51) Revised Iowa regulations pertaining to PM10 were submitted by the state on October 28, 1988. These rules became effective on December 21, 1988. (i) Incorporation by reference. (A) Amended Iowa Administrative Code pertaining to the prevention, abatement, and control of air pollution: Chapter 20, “Scope of Title—Definitions—Forms—Rules of Practice;” Chapter 22, “Controlling Pollution;” Chapter 26, “Prevention of Air Pollution Emergency Episodes;” and Chapter 28, “Ambient Air Quality Standards,” effective December 21, 1988. (ii) Additional information. (A) None. (52) Revised chapter 22, subrule 22.4(1), submitted on May 7, 1990, incorporates by reference revised EPA Modeling Guideline Supplement A, July 1987, and recodified air quality rules chapter 20–29. (i) Incorporation by reference. (A) Amendment to chapter 22, “Controlling Pollution,” Iowa Administrative Code, subrule 22.4(1). Effective March 14, 1990. (B) Recodification of Iowa Administrative Code, title II—Air Quality, chapters 20–29, effective December 3, 1986. (53) Revised chapter 22, rule 22.4(455B), submitted on November 8, 1990, incorporates by reference revised EPA PSD rules pertaining to NOX increments. (i) Incorporation by reference. (A) Amendment to chapter 22, “Controlling Pollution,” Iowa Administrative Code, subrule 22.4, adopted by the Environmental Protection Commission on October 17, 1990, effective November 21, 1990. (ii) Additional material. (A) Letter from the state dated November 8, 1990, pertaining to NOX rules and analysis which certifies the material was adopted by the state on October 17, 1990. (54) On March 13, 1991, the Iowa Department of Natural Resources (IDNR) submitted a plan revision pertaining to major SO2 sources in Clinton County, Iowa. (i) Incorporation by reference. (A) Administrative Consent Order #90–AQ–10, signed by Larry Wilson, Director, IDNR, dated July 5, 1990, and revision dated March 25, 1991. Also, three letters to Archer-Daniels-Midland (ADM) Company dated June 20, 1990, signed by Michael Hayward, IDNR, which contain or reference new or revised permit conditions for ADM sources, and a letter to ADM from IDNR dated February 26, 1991, correcting certain permit provisions. (B) Administrative Consent Order #89–AQ–04, signed by Larry Wilson, Director, IDNR, dated February 21, 1990. Also, two letters to Interstate Power Company dated January 25 and 29, 1990, and signed by Michael Hayward, IDNR, which contain supplemental permit condition for permits 74-A-117-S and 78–A–157–S. (ii) Additional material. (A) Letter and supplemental material from Larry J. Wilson to Morris Kay dated March 13, 1991. (55) Revised Polk County, Iowa Board of Health Rules and Regulations, chapter V, Air Pollution, submitted by the Iowa Department of Natural Resources on May 23, 1991. (i) Incorporation by reference. (A) Polk County Board of Health Rules and Regulations, chapter V, Air Pollution, Ordinances 28, 72 and 85, effective May 1, 1991, except for the following: Article I, definition of variance; Article VI, Section 5–16 (n), (o), and (p); Article VI, Section 5–17(d), variance provision; Article VIII; Article IX, Sections 5–27(3) and 5–27(4); and Article X, Division 5—Variance. (ii) Additional material. (A) Letter from Allan Stokes to William A. Spratlin dated October 23, 1991. (56) Revised Chapter 23, rule 23.2, submitted on October 3, 1991, incorporates changes to the open burning rule. (i) Incorporation by reference. (A) Amendment to Chapter 23, “Emission Standards for Contaminants, “Iowa Administrative Code, subrule 23.2, adopted by the Environmental Protection Commission, effective September 12, 1990. (ii) Additional information. (A) Letter from Allan Stokes, IDNR, to William Spratlin, dated October 3, 1991. (57) On January 5, 1993, the Iowa Department of Natural Resources (IDNR) submitted air quality rule revisions to Iowa Administrative Code, Chapters 20, 22, 23, 24, 25, 29, and revisions to the Compliance Sampling Manual. (i) Incorporation by reference. (A) Revisions to Chapter 20 (20.2), Scope of Title-Definitions-Forms-Rules of Practice; Chapter 22 (22.3(1), 22.4, 22.5(2)), Controlling Pollution; Chapter 23 (23.2(3), 23.3(2), 23.3(3), 23.4(12)), Emission Standards for Contaminants; Chapter 24 (24.1(1), 24.1(5)), Excess Emission; Chapter 25, (25.1(7), 25.1(9)), Measurement of Emissions and rescind 25.1(10)d; and Chapter 29 (29.1), Qualification in Visual Determination of the Opacity of Emissions. These revisions were adopted by the Iowa Environmental Protection Commission on December 21, 1992, and became effective on February 24, 1993. (ii) Additional material. (A) Letter from Larry Wilson, IDNR, to Morris Kay, EPA, dated January 5, 1993, and the Compliance Sampling Manual, revised December 1992. (58) A plan for implementation of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program was submitted by the Iowa Department of Natural Resources as a revision to the Iowa SIP on December 22, 1992. (i) Incorporation by reference. (A) Revisions to the Iowa State Implementation Plan for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program dated December 1992. (59) On May 5, 1994, the Director of the Iowa Department of Natural Resources submitted revisions to the State Implementation Plan (SIP) to update the state's incorporation by reference and conformity to various federally approved regulations. (i) Incorporation by reference. (A) Revised rules, “Iowa Administrative Code,” effective January 12, 1994. This revision approves an amendment to paragraph 23.2(3)g pertaining to open fires burned for the purpose of training fire-fighting personnel. (B) Revised rules, “Iowa Administrative Code,” effective April 20, 1994. This revision approves amendments to rules 22.4; 23.3(2)d (3) and (4); 23.4(6); and 25.1(9). These rules concern the update of the state's incorporation of prevention of significant deterioration and test method requirements. (ii) Additional material.None. (60) On May 5, 1994, the Director of the Iowa Department of Natural Resources submitted revisions to the State Implementation Plan (SIP) to update the state's incorporation by reference and conformity to various Federally approved regulations. (i) Incorporation by reference. (A) Revised rules, “Polk County Ordinance No. 132—Polk County Board of Health Rules and Regulations,” effective December 2, 1993. This revision approves all articles in Chapter V, except for Article VI, Section 5–16(n) and (p), Article VIII, and Article XIII. (ii) Additional material. (A) None. (61) On October 18, 1994, and January 26, 1995, the Director of the Iowa Department of Natural Resources submitted revisions to the state implementation plan (SIP) to include special requirements for nonattainment areas, provisions for use of compliance, and enforcement information and adoption of EPA definitions. These revisions fulfill Federal regulations which strengthen maintenance of established air quality standards. (i) Incorporation by reference. (A) Revised rules “Iowa Administrative Code,” effective November 16, 1994. This revision approves revised rules 567–20.2, 567–22.5(1)a, 567–22.5(1)f(2), 567–22.5(1)m, 567–22.5(2), 567–22.5(3), 567–22.5(4)b, 567–22.5(6), 567–22.5(7), 567–22.105(2), and new rule 567–21.5. These rules provide for special requirements for nonattainment areas, provisions for use of compliance and enforcement information and adopts EPA's definition of volatile organic compound. (B) Revised rules, “Iowa Administrative Code,” effective February 22, 1995. This revision approves new definitions to rule 567–20.2. This revision adopts EPA's definitions of “EPA conditional method” and “EPA reference method.” (ii) Additional material. None. (62) [Reserved] (63) On December 8, 1994; February 16, 1996; and February 27, 1996, the Director of the Iowa Department of Natural Resources submitted revisions to the State Implemenation Plan (SIP) to create a voluntary operating permit program as an alternative to Title V. These revisions strengthen maintenance of established air quality standards. (i) Incorporation by reference. (A) “Iowa Administrative Code,” sections 567–22.200–22.208, effective December 14, 1994. These rules create the voluntary operating permit program. (B) “Iowa Administrative Code,” sections 567–22.201(1)“a” and 22.206(1)“h”, effective January 11, 1995. (C) “Iowa Administrative Code,” section 567–22.203(1)“a”(1), effective February 24, 1995. (D) “Iowa Administrative Code,” sections 567–20.2; 22.200; 22.201(1)“a” and “b”; 22.201(2)“a”; and 22.206(2)“c”, effective October 18, 1995. (ii) Additional material. (A) Letter from Allan E. Stokes, Iowa Department of Natural Resources, to William A. Spratlin, U.S. EPA, dated February 16, 1995. This letter outlines various commitments by the state to meet requirements outlined by the EPA. (64) In correspondence dated February 16, 1996, February 19, 1996, and February 27, 1996, the Director of the Iowa Department of Natural Resources (IDNR) submitted revisions to the State Implementation Plan concerning open burning, new source review (NSR) requirements for nonattainment areas, test method and definition updates. (i) Incorporation by reference. (A) “Iowa Administrative Code,” section 567–22.8(1), effective July 12, 1995, containing a permit by rule for spray booths. (B) “Iowa Administrative Code,” sections 567–23.2(3); 23.2(4), effective April 19, 1995, addressing open burning. (C) “Iowa Administrative Code,” sections 567–22.5 (2)–(6), (8)–(10), effective March 20, 1996. These rules address NSR requirements in nonattainment areas. (D) “Iowa Administrative Code,” sections 567–20.2; 22.4(1); and 25.1(9), effective July 12, 1995. These rules address test method and definition updates. (E) “Iowa Administrative Code,” section 567–31.1, effective February 22, 1995. This rule addresses permit requirements relating to nonattainment areas. (ii) Additional material. (A) Letter dated July 11, 1997, from Pete Hamlin, IDNR, to Wayne Leidwanger, EPA, requesting approval under 112(l). (65) On June 13, 1996, and April 25, 1997, the Director of the Iowa Department of Natural Resources (IDNR) submitted a revision to the State Implementation Plan (SIP) which included permits containing source specific emission limits and conditions for three sources in Muscatine, Iowa. (i) Incorporation by reference. (A) Grain Processing Corporation permits #95–A–374, #74–A–015–S, #79–A–194–S, #79–A–195–S, signed September 18, 1995. (B) Muscatine Power and Water permits #74–A–175–S, #95–A–373 signed September 14, 1995. (C) Monsanto Corporation permits #76–A–265S3, #76–A–161S3, signed July 18, 1996. (ii) Additional material. (A) Letters from Allan E. Stokes, IDNR, to Dennis Grams, Environmental Protection Agency, dated June 13, 1996, and April 21, 1997, containing supporting SIP information. (66) On April 2, 1997, the Director of the Iowa Department of Natural Resources submitted revisions to the State Implementation Plan (SIP) for the State's two local agencies: the Polk County Public Works Department and Linn County Health Department. (i) Incorporation by reference. (A) Revised rules, “Polk County Board of Health Rules and Regulations: Chapter V, Air Pollution,” effective December 18, 1996. This revision approves all articles insofar as they pertain to the SIP. Article XIII is specifically excluded from this approval. No action is taken on Sections 5–16(n), 5–16(p), 5–20, and 5–27(3) and (4). (B) Revised rules, “Linn County Air Pollution Control Code of Ordinances,” effective March 7, 1997. This revision approves all sections insofar as they pertain to the SIP. Sections 10.4(1.), 10.11, and 10.15 are specifically excluded from this approval. No action is taken on Sections 10.9(2.), 10.9(3.), 10.9(4.), and the definition of “federally enforceable” in Section 10.2. (ii) Additional material. (A) Letter from Allan E. Stokes, Iowa Department of Natural Resources, to William A. Spratlin, Environmental Protection Agency, dated May 15, 1997. This letter provides additional information regarding various administrative requirements outlined in 40 CFR part 51. (67) In correspondence dated Octoer 21, 1997, and January 21, 1998, the Director of the Iowa Department of Natural Resources submitted revisions to the State Implementation Plan. (i) Incorporation by reference. (A) “Iowa Administrative Code” sections567–22.8(1) “b,” “c,” and “e,”567–22.203(1) “a,” 567–22.300, 567–22.300(1) through 567–22.300(11), 567–23.3(2) “d,” and 567–29.1, effective June 12, 1996. (B) “Iowa Administrative Code”section 567–20.2, effective October 16, 1996. (C) “Iowa Administrative Code” sectuibs 567–22.300(40 “b”(1), 567–22.300(8) “a”(1), and 567–22.300(8)“b”(2), effective December 25, 1996. (D) “Iowa Administrative Code” sections 567–20.2, 567–22.2(1), 567–22.201(1) “a,” 567–22.201(2) “b,” 567–22.202, 567–22.203(1), 567–22.300(3) “b” and “c,” 567–22.300(8) “a,” effective May 14, 1997. (ii) Additional material. (A) “Iowa Administrative Code” section 567–23.1(5), Calculation of emission limitations based upon stack height, was renumbered to section 567–23.1(6), effective August 20, 1997. [37 FR 10865, May 31, 1972. Redesignated at 64 FR 7094, Feb. 12, 1999] Editorial Note: For Federal Register citations affecting §52.824, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.825 Compliance schedules. top (a) [Reserved] (b) Regulation for increments of progress. (1) Except as provided in paragraph (b)(2) of this section, the owner or operator of any stationary source subject to regulation 4.3.(3)(b), “Rules and Regulations Relating to Air Pollution Control of the Iowa Air Pollution Control Commission” shall, no later than December 31, 1972, submit to the Administrator for approval, a proposed compliance schedule that demonstrates compliance with the applicable regulation as expeditiously as practicable but no later than January 1, 1975. The compliance schedule shall provide for periodic increments of progress towards compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Letting of necessary contract for construction or process changes, if applicable; initiation of construction; completion and start-up of control system; performance tests; and submittal of performance test analysis and results. (2) Where any such owner or operator demonstrates to the satisfaction of the Administrator that compliance with the applicable regulations will be achieved on or before December 31, 1973, no compliance schedule shall be required. (3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met. (4) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (c) The compliance schedules for the sources identified below are approved as revisions to the plan pursuant to §51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. Iowa -------------------------------------------------------------------------------------------------------------------------------------------------------- Variance expiration Source Location Regulation involved Date adopted date Final compliance date -------------------------------------------------------------------------------------------------------------------------------------------------------- Iowa Army Ammunition Plant Middletown, Iowa...... 400_4.2(1)............ June 14, 1979........ Feb. 28, 1982........ Feb. 1982. (explosive contaminated waste burning). Progressive Foundry, Inc., cupola Perry................. 400-4.6............... Nov. 6, 1981......... ..................... Sept. 1, 1983. and casting shakeout area. -------------------------------------------------------------------------------------------------------------------------------------------------------- Note 1: Linn County Health Department does not issue variances if source(s) is on an approvable compliance schedule. Note 2: Polk County Department of Health does not issue variances if source(s) is on an accepted and approved compliance schedule. Note 3: City of Des Moines, Department of Public Health does not issue variances if source(s) is on an accepted and approved compliance schedule. [37 FR 10865, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.825, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. §§ 52.826-52.827 [Reserved] top § 52.828 Enforcement. top (a) Sections 23(1)(b) and 13(7) of Senate File 85, Division II for Iowa are disapproved insofar as they permit the Air Quality Commission of the Iowa Department of Environmental Quality to issue abatement orders (1) that defer compliance with plan requirements beyond the dates required for attainment of the national standards, (2) without the approval of the Administrator, and (3) for reasons not permitted by the Clean Air Act. (b) Regulation limiting administrative abatement orders: (1) No order deferring compliance with a requirement of the Iowa Implementation Plan shall be issued by the Air Quality Commission of the Iowa Department of Environmental Quality which does not meet the following requirements: (i) An order must require compliance with the plan requirement within the times and under the conditions specified in §51.261 (a) and (b) of this chapter. (ii) An order may not defer compliance beyond the last date permitted by section 110 of the Act for attainment of the national standard which the plan implements unless the procedures and conditions set forth in section 110(f) of the Act are met. (iii) An order shall not be effective until it has been submitted to and approved by the Administrator in accordance with §§51.104, 51.105, 51.261 and 51.262(a). (2) Notwithstanding the limitations of paragraph (b)(1)(ii) of this section, an order may be granted which provides for compliance beyond the statutory attainment date for a national standard where compliance is not possible because of breakdowns ormalfunctions of equipment, acts of God, or other unavoidable occurrences. However, such order may not defer compliance for more than three (3) months unless the procedures and conditions set forth in section 110(f) of the Act are met. [38 FR 30877, Nov. 8, 1973, as amended at 51 FR 40675, 40676, 40677, Nov. 7, 1986; 52 FR 24367, June 30, 1987] §§ 52.829-52.832 [Reserved] top § 52.833 Significant deterioration of air quality. top Link to an amendment published at 71 FR 16053, Mar. 30, 2006. (a) The requirements of sections 160 through 165 of the Clean Air Act are met, except for sources seeking permits to locate on Indian lands in the state of Iowa; sources with permits issued by EPA prior to the effective date of the state's rules; and certain sources affected by the stack height rules described in a letter from Iowa dated April 22, 1987. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Iowa for sources wishing to locate on Indian lands; sources constructed under permits issued by EPA; and certain sources as identified in Iowa's April 22, 1987, letter. [52 FR 23982, June 26, 1987, as amended at 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003] § 52.834 Control strategy: Sulfur dioxide. top Approval—On April 21, 1997, the Iowa Department of Natural Resources (IDNR) submitted a maintenance plan and redesignation request for the Muscatine County nonattainment area. The maintenance plan and redesignation request satisfy all applicable requirements of the Clean Air Act. [63 FR 13345, Mar. 19, 1998] Subpart R—Kansas top § 52.869 [Reserved] top § 52.870 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable SIP for Kansas under Section 110 of the CAA, 42 U.S.C. 7401 et seq. and 40 CFR Part 51 to meet NAAQS. (b) Incorporation by reference. (1) Material listed in paragraphs (c), (d) and (e) of this section with an EPA approval date prior to October 1, 2003, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c), (d) and (e) of this section with EPA approval dates after October 1, 2003, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region VII certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of October 1, 2003. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region VII, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; at the EPA, Air and Radiation Docket and Information Center, Room B–108, 1301 Constitution Avenue, NW., (Mail Code 6102T), Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA-approved regulations. EPA_Approved Kansas Regulations ---------------------------------------------------------------------------------------------------------------- State Kansas citation Title effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control ---------------------------------------------------------------------------------------------------------------- General Regulations ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-6.............. Statement of Policy.... 1/1/72 5/31/72, 37 FR 10867.. Kansas revoked this rule 5/1/82. K.A.R. 28-19-8.............. Reporting Required..... 1/23/95 7/17/95, 60 FR 36361. K.A.R. 28-19-9.............. Time Schedule for 5/1/84 12/21/87, 52 FR 48265. Compliance. K.A.R. 28-19-10............. Circumvention of 1/1/71 5/31/72, 37 FR 10867. Control Regulations. K.A.R. 28-19-11............. Exceptions Due to 1/1/74 11/8/73, 38 FR 30867. Breakdowns or Scheduled Maintenance. K.A.R. 28-19-12............. Measurement of 1/1/71 5/31/72, 37 FR 10867. Emissions.. K.A.R. 28-19-13............. Interference with 1/1/74 11/8/73, 38 FR 30876. Enjoyment of Life and Property. K.A.R. 28-19-14............. Permits Required....... 1/24/94 7/17/95, 60 FR 36361. K.A.R. 28-19-15............. Severability........... 1/1/71 5/31/72, 37 FR 10867. ---------------------------------------------------------------------------------------------------------------- Nonattainment Area Requirements ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-16............. New Source Permit 10/16/89 1/16/90, 55 FR 1422. Requirements for Designated Nonattainment Areas. K.A.R. 28-19-16a............ Definitions............ 10/10/97 1/11/00, 65 FR 1548. K.A.R. 28-19-16b............ Permit Required........ 10/16/89 1/16/90, 55 FR 1422. K.A.R. 28-19-16c............ Creditable Emissions 10/16/89 1/16/90, 55 FR 1422... The EPA deferred Reductions. action on the state's current definition of the terms ``building, structure, facility, or installation''; ``installation ''; and ``reconstruction.'' K.A.R. 28-19-16d............ Fugitive Emission 10/16/89 1/16/90, 55 FR 1422. Exemption. K.A.R. 28-19-16e............ Relaxation of Existing 10/16/89 1/16/90, 55 FR 1422. Emission Limitations. K.A.R. 28-19-16f............ New Source Emission 10/16/89 1/16/90, 55 FR 1422. Limits. K.A.R. 28-19-16g............ Attainment and 10/16/89 1/16/90, 55 FR 1422. Maintenance of National Ambient Air Quality Standards. K.A.R. 28-19-16h............ Compliance of Other 10/16/89 1/16/90, 55 FR 1422. Sources. K.A.R. 28-19-16i............ Operating Requirements. 10/16/89 1/16/90, 55 FR 1422. K.A.R. 28-19-16j............ Revocation and 10/16/89 1/16/90, 55 FR 1422. Suspension of Permit. K.A.R. 28-19-16k............ Notification 10/16/89 1/16/90, 55 FR 1422. Requirements. K.A.R. 28-19-16l............ Failure to Construct... 10/16/89 1/16/90, 55 FR 1422. K.A.R. 28-19-16m............ Compliance with 10/16/89 1/16/90, 55 FR 1422. Provisions of Law Required. ---------------------------------------------------------------------------------------------------------------- Attainment Area Requirements ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-17............. Prevention of 11/22/02 02/26/03, 68 FR 8846.. K.A.R. 28-19-17a Significant through 28-19-17q Deterioration of Air revoked. Provision Quality. moved to K.A.R. 28-19- 350. ---------------------------------------------------------------------------------------------------------------- Stack Height Requirements ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-18............. Stack Heights.......... 5/1/88 4/20/89, 54 FR 15934.. The state requlation has stack height credit. The EPA has not approved that part. K.A.R. 28-19-18b............ Definitons............. 5/1/88 4/20/89, 54 FR 15934. K.A.R. 28-19-18c............ Methods for Determining 5/1/88 4/20/89, 54 FR 15934. Good Engineering Practice Stack Height. K.A.R. 28-19-18d............ Fluid Modeling......... 5/1/88 4/20/89, 54 FR 15934. K.A.R. 28-19-18e............ Relaxation of Existing 5/1/88 4/20/89, 54 FR 15934. Emission Limitations. K.A.R. 28-19-18f............ Notification 5/1/88 4/20/89, 54 FR 15934. Requirements. ---------------------------------------------------------------------------------------------------------------- Continuous Emission Monitoring ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-19............. Continuous Emission 6/8/92 1/12/93, 58 FR 3847. Monitoring. ---------------------------------------------------------------------------------------------------------------- Processing Operation Emissions ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-20............. Particulate Matter 10/16/89 1/16/90, 55 FR 1421. Emission Limitations. K.A.R. 28-19-21............. Additional Emission 10/16/89 1/16/90, 55 FR 1422. Restrictions. K.A.R. 28-19-22............. Sulfur Compound 1/1/72 11/8/73, 38 FR 30876. Emissions. K.A.R. 28-19-23............. Hydrocarbon 12/27/72 11/8/73, 38 FR 30876. Emissions_Stationary Sources. K.A.R. 28-19-24............. Control of Carbon 1/1/72 11/8/73, 38 FR 30876. Monoxide Emissions. ---------------------------------------------------------------------------------------------------------------- Indirect Heating Equipment Emissions ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-30............. General Provisions..... 1/1/72 5/31/72, 37 FR 10867. K.A.R. 28-19-31............. Emission Limitations... 11/8/93 10/18/94, 59 FR 52425. K.A.R. 28-19-32............. Exemptions_Indirect 11/8/93 10/18/94, 59 FR 52425. Heating Equipment. ---------------------------------------------------------------------------------------------------------------- Incinerator Emissions ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-40............. General Provisions..... 1/1/71 5/31/72, 37 FR 10867. K.A.R. 28-19-41............. Restriction of Emission 12/27/72 11/8/73, 38 FR 30876. K.A.R. 28-19-42............. Performance Testing.... 1/1/72 11/8/73, 38 FR 30876. K.A.R. 28-19-43............. Exceptions............. 1/1/71 5/31/72, 37 FR 10867. ---------------------------------------------------------------------------------------------------------------- Air Pollution Emergencies ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-55............. General Provisions..... 1/1/72 5/31/72, 37 FR 10867. K.A.R. 28-19-56............. Episode Criteria....... 10/16/89 1/16/90, 55 FR 1422. K.A.R. 28-19-57............. Emission Reduction 1/1/72 5/31/72, 37 FR 10867. Requirements. K.A.R. 28-19-58............. Emergency Episode Plans 1/1/72 5/31/72, 37 FR 10867. ---------------------------------------------------------------------------------------------------------------- Volatile Organic Compound Emissions ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-61............. Definitions............ 10/7/91 6/23/92, 57 FR 27936. K.A.R. 28-19-62............. Testing Procedures..... 10/7/71 6/23/92, 57 FR 27936. K.A.R. 28-19-63............. Automobile and Light 11/8/93 10/18/94, 59 FR 52425. Duty Truck Surface Coating. K.A.R. 28-19-64............. Bulk Gasoline Terminals 5/1/88 5/18/88, 53 FR 17700. K.A.R. 28-19-65............. Volatile Organic 5/1/88 5/18/88, 53 FR 17700. Compounds (VOC) Liquid Storage in Permanent Fixed Roof Type Tanks. K.A.R. 28-19-66............. Volatile Organic 5/1/88 5/18/88, 53 FR 17700. Compounds (VOC) Liquid Storage in External Floating Roof Tanks. K.A.R. 28-19-67............. Petroleum Refineries... 5/1/86 1/2/87, 52 FR 53. K.A.R. 28-19-68............. Leaks from Petroleum 5/1/86 1/2/87, 52 FR 53. Refinery Equipment. K.A.R. 28-19-69............. Cutback Asphalt........ 5/1/88 5/18/88, 53 FR 17700 K.A.R. 28-19-70............. Leaks from Gasoline 5/15/98 1/11/00, 65 FR 1548. Delivery Vessels and Vapor Collection Systems. K.A.R. 28-19-71............. Printing Operations.... 5/1/88 5/18/88, 53 FR 17700. K.A.R. 28-19-72............. Gasoline Dispensing 5/1/88 5/18/88, 53 FR 17700 Facilities. K.A.R. 28-19-73............. Surface Coating of 6/8/92 1/12/93, 58 FR 3847. Miscellaneous Metal Parts and Products and Metal Furniture. K.A.R. 28-19-74............. Wool Fiberglass 5/1/88 5/18/88, 53 FR 17700. Manufacturing. K.A.R. 28-19-76............. Lithography Printing 10/7/91 6/23/92, 57 FR 27936. Operations. K.A.R. 28-19-77............. Chemical Processing 10/7/91 6/23/92, 57 FR 27936. Facilities That Operate Alcohol Plants or Liquid Detergent Plants. ---------------------------------------------------------------------------------------------------------------- General Provisions ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-200............ General Provisions; 10/10/97 1/11/00, 65 FR 1548... New rule. Replaces definitions. K.A.R. 28-19-7 definitions. K.A.R. 28-19-201............ General provisions; 10/10/97 1/11/00, 65 FR 1548... New rule. Replaces Regulated Compounds Regulated Compounds List. in K.A.R. 28-19-7. K.A.R. 28-19-204............ Permit Issuance and 1/23/95 7/17/95, 60 FR 36361. Modification; Public Participation. K.A.R. 28-19-210............ Calculation of Actual 11/22/93 1/11/00, 65 FR 1548. Emissions. K.A.R. 28-19-212............ Approved Test Methods 1/12/95 7/17/95, 60 FR 36361. and Emission Compliance Determination Procedures. ---------------------------------------------------------------------------------------------------------------- Construction Permits and Approvals ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-300............ Applicability.......... 1/23/95 7/17/95, 60 FR 36361. K.A.R. 28-19-301............ Application and 1/23/95 7/17/95, 60 FR 36361. Issuance. K.A.R. 28-19-302............ Additional Provisions; 1/23/95 7/17/95, 60 FR 36361. Construction Permits. K.A.R. 28-19-303............ Additional Provisions; 1/23/95 7/17/95, 60 FR 36361. Construction Approvals. K.A.R. 28-19-304............ Fees................... 1/23/95 7/17/95, 60 FR 36361. K.A.R. 28-19-350............ Prevention of 11/22/02 02/26/03, 68 FR 8846. Significant Deterioration of Air Quality. ---------------------------------------------------------------------------------------------------------------- General Permits ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-400............ General Requirements... 1/23/95 7/17/95, 60 FR 36361. K.A.R. 28-19-401............ Adoption by the 1/23/95 7/17/95, 60 FR 36361. Secretary. K.A.R. 28-19-402............ Availability of Copies; 1/23/95 7/17/95, 60 FR 36361. Lists of Sources to Which Permits Issued. K.A.R. 28-19-403............ Application to 1/23/95 7/17/95, 60 FR 36361. Construct or Operate Pursuant to Terms of General Permits. K.A.R. 28-19-404............ Modification, 1/23/95 7/17/95, 60 FR 36361. Revocation. ---------------------------------------------------------------------------------------------------------------- Operating Permits ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-500............ Applicability.......... 1/23/95 7/17/95, 60 FR 36361. K.A.R. 28-19-501............ Emissions Limitations 1/23/95 7/17/95, 60 FR 36361. and Pollution Control Equipment for Class I and Class II Operating Permits; Conditions. K.A.R. 28-19-502............ Identical Procedural 1/23/95 7/17/95, 60 FR 36361. Requirements. ---------------------------------------------------------------------------------------------------------------- Class II Operating Permits ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-540............ Applicability.......... 1/23/95 7/17/95, 60 FR 36361. K.A.R. 28-19-541............ Application Timetable 1/23/95 7/17/95, 60 FR 36361. and Contents. K.A.R. 28-19-542............ Permit-by-Rule......... 1/23/95 7/17/95, 60 FR 36361. K.A.R. 28-19-543............ Permit Term and 1/23/95 7/17/95, 60 FR 36361. Content; Operational Compliance. K.A.R. 28-19-544............ Modification of Sources 1/23/95 7/17/95, 60 FR 36361. or Operations. K.A.R. 28-19-545............ Application Fee........ 1/23/95 7/17/95, 60 FR 36361. K.A.R. 28-19-546............ Annual Emission 1/23/95 7/17/95, 60 FR 36361. Inventory. K.A.R. 28-19-561............ Permit-by-Rule; 1/23/95 7/17/95, 60 FR 36361. Reciprocating Engines. K.A.R. 28-19-562............ Permit-by-Rule; Organic 1/23/95 7/17/95, 60 FR 36361. Solvent Evaporative Sources. K.A.R. 28-19-563............ Permit-by-Rule; Hot Mix 1/23/95 7/17/95, 60 FR 36361. Asphalt Facilities. K.A.R. 28-19-564............ Permit-by-Rule; Sources 10/04/02 3/26/03, 68 FR 14541. with Actual Emissions Less Than 50 Percent of Major Source Thresholds. ---------------------------------------------------------------------------------------------------------------- Open Burning Restrictions ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-645............ Open Burning Prohibited 3/1/96 10/2/96, 61 FR 51366. K.A.R. 28-19-646............ Responsibility for Open 3/1/96 10/2/96, 61 FR 51366. Burning. K.A.R. 28-19-647............ Exceptions to 3/1/96 10/2/96, 61 FR 51366. Prohibition on Open Burning. K.A.R. 28-19-648............ Agricultural Open 3/1/96 10/2/96, 61 FR 51366. Burning. K.A.R. 28-19-650............ Emissions Opacity 1/29/99 1/11/00, 65 FR 1548... New rule. Replaces Limits. K.A.R. 28-19-50 and 28-19-52. ---------------------------------------------------------------------------------------------------------------- Volatile Organic Compound Emissions ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-714............ Control of Emissions 9/1/02 10/30/02, 67 FR 66060. from Solvent Metal Cleaning. K.A.R. 28-19-717............ Control of Volatile 12/22/00 12/12/01, 66 FR 64148. Organic Compound (VOC) Emissions from Commercial Bakery Ovens in Johnson and Wyandotte Counties. K.A.R. 28-19-719............ Fuel Volatility........ 4/27/01 2/13/02, 67 FR 6658. ---------------------------------------------------------------------------------------------------------------- Conformity ---------------------------------------------------------------------------------------------------------------- K.A.R. 28-19-800............ General Conformity of 3/15/96 10/2/96, 61 FR 51366. Federal Actions. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State source-specific permits. EPA-Approved Kansas Source-Specific Permits ---------------------------------------------------------------------------------------------------------------- State Name of source Permit No. effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- (1) Board of Public Utilities, 2090048 10/20/93 10/18/94, 59 FR 52425......... Quindaro Power Station. (2) Board of Public Utilities, 2090049 10/20/93 10/18/94, 59 FR 52425......... Kaw Power Station. ---------------------------------------------------------------------------------------------------------------- (e) EPA-approved nonregulatory provisions and quasi-regulatory measures. EPA_Approved Kansas Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal EPA approval date Explanation provision nonattainment area date ---------------------------------------------------------------------------------------------------------------- (1) Implementation Plan for Statewide......... 1/31/72 5/31/72, 37 FR 10867. Attainment and Maintenance of the National Air Quality Standards. (2) Comments on the Plan in Kansas City....... 3/24/72 6/22/73, 38 FR 46565..... Correction notice Response to EPA Review. published 3/2/76. (3) Emergency Episode Kansas City....... 4/6/72 11/8/73, 38 FR 30876..... Correction notice Operations/Communications published 3/2/76. Manual. (4) Emergency Episode Statewide except 2/15/73 11/8/73, 38 FR 30876..... Correction notice Operations/Communications Kansas City. published 3/2/76. Manual. (5) Letter Concerning Kansas City....... 5/29/73 11/8/73, 38 FR 30876..... Correction notice Attainment of CO Standards. published 3/2/76. (6) Amendment to State Air Statewide......... 7/27/73 11/8/73, 38 FR 30876..... Correction notice Quality Control Law Dealing published 3/2/76. with Public Access to Emissions Data. (7) Analysis and Statewide......... 2/2874 3/2/76, 41 FR 8960. Recommendations Concerning Designation of Air Quality Maintenance Areas. (8) Ozone Nonattainment Plan... Kansas City....... 9/17/79 4/3/81, 46 FR 20165. (9) Ozone Nonattainment Plan... Douglas County.... 10/22/79 4/3/81, 46 FR 20165. (10) TSP Nonattainment Plan.... Kansas City....... 3/10/80 4/3/81, 46 FR 20165. (11) Lead Plan................. Statewide......... 2/17/81 10/22/81, 46 FR 51742. (12) CO Nonattainment Plan..... Wichita........... 4/16/81 12/15/81, 46 FR 61117. (13) Air Monitoring Plan....... Statewide......... 10/16/81 1/22/82, 47 FR 3112. (14) Letter and Supporting Kansas City....... 9/15/81 6/18/82, 47 FR 26387. Correction notice Documentation Relating to published 1/12/84. Reasonably Available Control Technology for Certain Particulate Matter Sources. (15) Letter Agreeing to Follow Statewide......... 6/20/84 12/11/84, 49 FR 48185. EPA Interim Stack Height Policy for Each PSD Permit Issued Until EPA Revises the Stack Height Regulations. (16) Letters Pertaining to Statewide......... 3/27/86 12/21/87, 52 FR 48265. Permit Fees. 9/15/87 (17) Revisions to the Ozone Kansas City....... 7/2/86 5/18/88, 53 FR 17700. Attainment Plan. 4/16/87 8/18/87 8/19/87 1/6/88 (18) Revised CO Plan........... Wichita........... 3/1/85 10/28/88, 53 FR 43691. 9/3/87 (19) Letter Pertaining to the Statewide......... 1/6/88 11/25/88, 53 FR 47690. Effective Date of Continuous Emission Monitoring Regulations. (20) Letters Pertaining to New Statewide......... 3/27/86 4/20/89, 54 FR 15934. Source Permit Regulations, 12/7/87 Stack Height Regulations, and 1/6/88 Stack Height Analysis and Negative Declarations. (21) PM10 Plan................. Statewide......... 10/5/89 1/16/90, 55 FR 1422. 10/16/89 (22) Ozone Maintenance Plan.... Kansas City....... 10/23/91 6/23/92, 57 FR 27936. (23) Letter Pertaining to PSD Statewide......... 9/15/92 1/12/93, 58 FR 3847. NOX Requirements. (24) Small Business Assistance Statewide......... 1/25/94 5/12/94, 59 FR 24644. Plan. (25) Letter Regarding Kansas City....... 12/11/92 10/18/94, 59 FR 52425. Compliance Verification Methods and Schedules Pertaining to the Board of Public Utilities Power Plants. (26) Emissions Inventory Update Kansas City....... 5/11/95 4/25/96, 59 FR 52425. Including a Motor Vehicle Emissions Budget. (27) Air monitoring plan....... Statewide......... 1/6/02 8/30/02, 67 FR 55728. (28) Maintenance Plan for the 1- Kansas City....... 01/09/03 01/13/04................. hour ozone standard in the Kansas portion of the Kansas City maintenance area for the second ten- year period. ---------------------------------------------------------------------------------------------------------------- [64 FR 7098, Feb. 12, 1999, as amended at 65 FR 1547, Jan. 11, 2000; 65 FR 39551, June 27, 2000; 66 FR 64150, Dec. 12, 2001; 67 FR 6658, Feb. 13, 2002; 67 FR 55728, Aug. 30, 2002; 67 FR 66060, Oct. 30, 2002; 68 FR 8846, Feb. 26, 2003; 68 FR 14541, Mar. 26, 2003; 68 FR 34545, June 10, 2003; 68 FR 64533, Nov. 14, 2003; 69 FR 1921, Jan. 13, 2004] § 52.871 Classification of regions. top The Kansas plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Metropolitan Kansas City Interstate.................. I III III I I South Central Kansas Intrastate...................... I III III III I Northeast Kansas Intrastate.......................... I III III III III Southeast Kansas Intrastate.......................... III III III III III North Central Kansas Intrastate...................... I III III III III Northwest Kansas Intrastate.......................... I III III III III Southwest Kansas Intrastate.......................... I III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10867, May 31, 1972] § 52.872 Operating permits. top Emission limitations and related provisions which are established in Kansas operating permits as Federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem permit conditions not Federally enforceable. Such a determination will be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements or the requirements of EPA underlying regulations. [60 FR 36364, July 17, 1995] § 52.873 Approval status. top (a) The Kansas portion of the Kansas City metropolitan area was designated as nonattainment for ozone in 40 CFR part 81. Therefore, the Administrator approves continuation of the 7.8 RVP limit as federally enforceable in the Kansas City metropolitan area, even after the area is redesignated to attainment, because of its nonattainment designation effective January 6, 1992. Also, the requirement for 7.8 psi RVP volatility is deemed necessary to ensure attainment and maintenance of the ozone standard as demonstrated by the emissions inventory projections (based on use of 7.8 psi RVP) in Kansas' ozone maintenance plan for the Kansas City metropolitan area. (b) [Reserved] (c) The Administrator approves Rule K.A.R. 28–19–31 as identified at §52.870(c)(29), with the understanding that any alternative compliance plans issued under this rule must be approved by EPA as individual SIP revisions. [37 FR 10867, May 31, 1972, as amended at 46 FR 20170, Apr. 3, 1981; 46 FR 61118, Dec. 15, 1981; 57 FR 27939, June 23, 1992; 59 FR 52427, Oct. 18, 1994; 61 FR 16061, Apr. 11, 1996] § 52.874 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met since authority to make emission data available to the public is inadequate. Kansas Statutes Annotated 65–3015 would require confidential treatment if the data related to processes or production unique to the owner or would tend to affect adversely the competitive position of the owner. (b) The requirements of §51.232(b) of this chapter are not met since the following deficiencies exist in the local agency legal authority: (1) Kansas City, Kans.-Wyandotte County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65–3016 provides a designated local air quality conservation authority with the same authority as the State (§51.230(f) of this chapter). (2) Topeka-Shawnee County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65–3016 provides a designated air quality conservation authority with the same authority as the State (§51.230(f) of this chapter). (3) Wichita-Sedgwick County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65–3016 provides a designated local air quality conservation authority with the same authority as the State (§51.230(f) of this chapter). (c) The requirements of §51.230(d) of this chapter are not met since statutory authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate. [37 FR 10867, May 31, 1972, as amended at 39 FR 7281, Feb. 25, 1974; 51 FR 40676, Nov. 7, 1986] § 52.875 Original identification of plan section. top (a) This section identifies the original “Air Quality Implementation Plan for the State of Kansas” and all revisions submitted by Kansas that were Federally approved prior to July 1, 1998. (b) The plan was officially submitted on January 31, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Various comments on the plan in response to the Regions review were submitted on March 24, 1972, by the State Department of Health. (Non-regulatory) (2) The Emergency Episode Operations/Communications Manual for the Kansas City Interstate AQCR was submitted on April 6, 1972, by the State Department of Health. (Non-regulatory) (3) Emergency Episode Operations/Communications Manual for all Kansas Intrastate AQCR's was submitted on February 15, 1973, by the State Department of Health. (Non-regulatory) (4) Revisions of sections 28–19–6 through 15, 20–24, 30–32, 40–47, 50–52 and 55–58 of the State air pollution control regulations were submitted by the State Department of Health on April 17, 1973. (5) Letter from the Governor, dated May 29, 1973, concerning the attainment of CO emission standards. (Non-regulatory) (6) An amendment to the State air quality control law, Senate Bill No. 30, dealing with public access to emission data was submitted on July 27, 1973, by the Governor. (7) Revisions of sections 28–19–8, 9, 14, 22, 25 and 47 of the State air pollution control regulations were submitted on February 6, 1974, by the Governor. (8) Copy of the State's analysis and recommendations concerning the designation of Air Quality Maintenance Areas was submitted by letter from the State Department of Health on February 28, 1974. (Non-regulatory) (9) Kansas submitted State Implementation Plan (SIP) revisions to attain the National Ambient Air Quality Standards on September 17, 1979 for Wyandotte and Johnson Counties, on October 22, 1979 for Douglas County, and on March 10, 1980 for Kansas City of the state designated nonattainment areas under section 107 of the Clean Air Act as amended in 1977. On September 22 and 25, 1980, the state submitted revised regulations on the control of volatile organic compounds and a regulation on the new source permit review program. Included in the plan are the following approved state air pollution control regulations: (i) The VOC regulations which EPA approved as RACT: 28–19–61 Definitions, 28–19–62 Testing Procedures, 28–19–63 Automobile and Light Duty Trunk Surface Coating, 28–19–65 Petroleum Liquid Storage Tanks, 28–19–66 Petroleum Liquid Storage in External Floating Roof Tanks, 28–19–67 Petroleum Refineries, 28–19–68 Leaks from Petroleum Refinery Equipment, 28–19–69 Cutback Asphalt. (ii) The New Source Permit Review regulation 28–19–16 through 16m which EPA conditionally approved as meeting the requirements of sections 172(b)(6); 172(b)(11)(A), and 173. (iii) The Kansas City-Wyandotte County air pollution control regulations which have been adopted by both the Kansas City, Kansas Board of City Commissioners and the Wyandotte County Board of County Commissioners: 2A–1 Jurisdiction, 2A–2 Purpose, 2A–3 Definitions, 2A–4 Powers of the Board, 2A–5 Facts and Circumstances Pertinent to Orders of Joint Board, 2A–6 Right of Entry for Inspection, 2A–7 Time for Compliance Schedule, 2A–8 Variance, 2A–9 Circumvention of Chapter or Regulations, 2A–10 Air Pollution Nuisances Prohibited; Additional Emission Restrictions; Interference with the Enjoyment of Life and Property, 2A–11 Reserved, 2A–12 Confidential Information, 2A–13 Registration and Permit System; Exemptions, 2A–14 Review of New or Altered Sources, 2A–15 Public Hearings, 2A–16 Installations in which Fuel is Burned, 2A–17 Restriction of Emission of Particulate Matter from Industrial Processes, 2A–18 Open Burning Prohibition, 2A–19 Opacity Requirements, 2A–20 Exceptions Due to Breakdowns or Scheduled Maintenance, 2A–21 Preventing Particulate Matter from Becoming Air-Borne, 2A–22 Measurement of Emissions, 2A–23 Restriction of Emission of Odors, 2A–24 Sulfur Compound Emissions, 2A–24.1 Hydrocarbon Emissions; Stationary Sources, 2A–25 Control of Carbon Monoxide Emissions, 2A–26 Control of Nitrogen Oxide Emissions, 2A–26.1 Incinerators, 2A–27 Air Pollution Emergencies—General Provisions, 2A–28 Air Pollution Emergencies—Episode Criteria, 2A–29 Emission Reduction Requirements, 2A–30 Emergency Episode Plans, 2A–31 Penalties for Violation of Chapter or Air Pollution Control Regulations, and 2A–32 Conflict of Ordinances, Effect Partial Invalidity. (10) The Kansas State Implementation Plan for lead was submitted on February 17, 1981, by the Governor of Kansas, along with a submittal letter which provided additional information concerning the Kansas State Implementation Plan for lead. (11) Kansas submitted SIP revisions to attain and maintain the National Ambient Air Quality Standards for carbon monoxide on April 16, 1981, for the South Central Kansas Interstate Air Quality Control Region, Wichita nonattainment area. The plan included commitments to complete transportation control measures for the reduction of carbon monoxide from transportation related sources for the attainment of the national standards by December 31, 1982. (12) A plan revision which makes modifications to the existing Kansas air quality surveillance network was submitted by the Kansas Department of Health and Environment on October 16, 1981. (13) Additional information to correct two plan deficiencies was submitted by the Kansas Department of Health and Environment on May 12, 1981. (14) Letter and supporting documents submitted on September 15, 1981, from the Director of Air Quality and Occupational Health relating to reasonably available control technology for certain particulate matter sources in the Kansas City, Kansas area. (15) New regulations 28–19–70 and 28–19–62 applicable to tank trucks operating at bulk gasoline terminals were submitted by the Kansas Department of Health and Environment on June 15, 1982. State regulation 28–19–51 is revoked. Revised regulations 28–19–16, 28–19–16a, 28–19–16b, 28–19–16c, 28–19–16f, 28–19–16g, 28–19–16h, and 28–19–16i, applicable to new sources in nonattainment areas were included with the June 15, 1982 submittal. Action is deferred on the following regulations: 28–19–16a(d), 28–19–16a(v), 28–19–16, 28–19–16b, 28–19–16c, 28–19–16f, 28–19–16h, 28–19–16i, and 28–19–16a(o). The remainder of the provisions are approved. (16) New regulations K.A.R. 28–19–17 through K.A.R. 28–19–171 applicable to stationary sources subject to prevention of significant deterioration (PSD) permit requirements were submitted on May 5, 1983. Regulation K.A.R. 28–19–171 pertaining to the use of innovative control technology is not approved. By letter dated June 20, 1984, the State of Kansas agrees to follow the EPA interim stack height policy for each PSD permit issued until such time as EPA revises its general stack height regulations. (17) Revised regulation K.A.R. 28–19–69, applicable to the use of cutback asphalt, was submitted by the Secretary of the Kansas Department of Health and Environment on February 21, 1986. (i) Incorporation by reference. (A) Revised regulation K.A.R. 28–19–69 as approved by the Kansas Attorney General on December 5, 1985. (18) Revised regulations K.A.R. 28–19–63 applicable to automobile and light-duty truck surface coating; K.A.R. 28–19–64 applicable to bulk gasoline terminals; K.A.R. 28–19–67 applicable to petroleum refineries; and K.A.R. 28–19–68 applicable to leaks at petroleum refineries, were submitted by the Secretary of the Kansas Department of Health and Environment on February 21, 1986. (i) Incorporation by reference. (A) Revised regulations K.A.R. 28–19–63, K.A.R. 28–19–64, K.A.R. 28–19–67, and K.A.R. 28–19–68 as approved by the Kansas Attorney General on October 30, 1985. (19) Revised Kansas regulations pertaining to fees for permits to construct and operate were submitted by the Kansas Department of Health and Environment on March 27, 1986. (i) Incorporation by reference. (A) Kansas Administrative Regulations (KAR) 28–19–7, 28–19–8, 28–19–9, 28–19–14, 14(a) and 14(b), 28–19–31, 28–19–45, which became effective on May 1, 1986. (B) Letter of March 27, 1986 to EPA from the State of Kansas Department of Health and Environment. (C) Letter of September 15, 1987 to EPA from the State of Kansas Department of Health and Environment. (20) Revisions to the ozone attainment plan for the Kansas City metropolitan area were submitted by the Governor on July 2, 1986. Pursuant to this plan, revised regulations for the control of volatile organic compound emissions were submitted by the Secretary of the Kansas Department of Health and Environment on January 6, 1988. In numerous instances, the revised Kansas regulations provide for departmental discretion to approve compliance plans and test methods which are alternatives to the EPA reference methods. EPA approves these regulations with the understanding that all such alternative compliance plans and test methods must be submitted to EPA, and approved, as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP shall be the emission limits or reduction requirements stated in the regulations. Also, the Kansas regulations contain provisions whereby testing is required when the facility intends to demonstrate compliance by improved operations or new emission controls, yet no test procedures are specified. Examples of such provisions are transfer efficiency (TE) and vapor processing systems. Test methods which are developed by the state must be approved by EPA before facilities may demonstrate compliance through alternative controls and/or TE. (i) Incorporation by reference. (A) Revised regulations K.A.R. 28–19–8, Reporting required; K.A.R. 28–19–61, Definitions; K.A.R. 28–19–62, Testing procedures; K.A.R. 28–19–63, Automobile and light-duty truck surface coating; K.A.R. 28–19–64, Bulk gasoline terminals; K.A.R. 28–19–65, VOC liquid storage in permanent fixed roof type tanks; K.A.R. 28–19–66, VOC liquid storage in external floating roof tanks; K.A.R. 28–19–69, Cutback asphalt; K.A.R. 28–19–70, Leaks from gasoline delivery vessels and vapor collection systems; K.A.R. 28–19–71, Printing operations; K.A.R. 28–19–72, Gasoline dispensing facilities; K.A.R. 28–19–73, Surface coating of miscellaneous metal parts and products and metal furniture; K.A.R. 28–19–74, Wool fiberglass manufacturing; and K.A.R. 28–19–75, Solvent metal cleaning. Temporary versions of these regulations are effective December 16, 1987, through April 30, 1988. The permanent regulations are effective May 1, 1988. (B) Letter of January 6, 1988, from the Secretary of the Kansas Department of Health and Environment. This letter establishes the effective dates for the revised regulations referenced in subparagraph (20)(i)(A) above. (ii) Additional material. (A) State of Kansas Implementation Plan, Part A—Kansas City Metropolitan Area, Ozone, dated June 1986, submitted by the Governor on July 2, 1986. The plan contains an attainment demonstration, emissions inventories, and a control strategy. (B) Supplemental information, pursuant to the above referenced plan, was submitted on August 19, 1987. (C) Negative declarations for certain VOC source categories were submitted on April 16 and August 18, 1987. (21) Revised Kansas regulations applicable to air quality models and definitions were submitted by the Kansas Department of Health and Environment on January 6, 1988. (i) Incorporation by reference. (A) Kansas Administrative Regulations (K.A.R.) 28–19–17(f) and 28–19–7 (a) through (f) and (h) through (w) which became effective December 16, 1987. EPA is deferring action on 28–19–7(g), Emission Limitation and Standard. (22) On March 1, 1985, the Governor of Kansas submitted a revised carbon monoxide state implementation plan for Wichita, Kansas. On September 3, 1987, the Kansas Department of Health and Environment submitted two new transportation control measures as part of the revised Wichita carbon monoxide control plan. (i) Incorporation by reference. (A) Letter of September 3, 1987, from the Kansas Department of Health and Environment and attached transportation control measures adopted August 18, 1987. (B) Revision of the Wichita-Sedgwick County Portion of the Kansas State Implementation Plan for Carbon Monoxide submitted by the Governor on March 1, 1985. The plan contains an attainment demonstration, emissions inventory, and a control strategy. (23) Kansas Administrative Regulations (K.A.R.) 28–19–19(a) through 28–19–19(o) pertaining to continuous emission monitoring at certain stationary sources were submitted on January 6, 1988, by the Kansas Department of Health and Environment. K.A.R. 28–19–19(o) allows for departmental discretion on use of different but equivalent procedures than those specified in 28–19–19(a) through 28–19–19(n). EPA approves this rule with the understanding that all such equivalent procedures and requirements must be submitted to EPA as individual SIP revisions. In the absence of such approval, the enforceable provisions of K.A.R. 28–19–19(a) through 28–19–19(n) shall be applicable. (i) Incorporation by reference. (A) K.A.R. 28–19–19(a) through 28–19–19(o), continuous emission monitoring, as submitted by the Secretary of the Kansas Department of Health and Environment. These regulations became effective on May 1, 1988. (B) Letter of January 6, 1988, from the Secretary of the Kansas Department of Health and Environment. This letter establishes the effective date for the revised regulations referenced in paragraph (23)(i)(A) of this section. (24) Revised regulations K.A.R. 28–19–7(g), K.A.R. 28–19–16, and K.A.R. 28–19–17 pertaining to new source permit requirements, were submitted by the Secretary of the Kansas Department of Health and Environment on March 27, 1986. Revised regulation K.A.R. 28–19–18 pertaining to stack heights was submitted by the Secretary of the Kansas Department of Health and Environment on January 6, 1988. (i) Incorporation by reference. (A) Revised regulations, K.A.R. 28–19–16, 28–19–16b, 28–19–16d, 28–19–16g, 28–19–16i, 28–19–161, 28–19–17, 28–19–17a, and 28–19–17b, which became effective on May 1, 1986. (B) Revised regulations K.A.R. 28–19–7(g), and K.A.R. 28–19–18 through 28–19–18f. The temporary regulations became effective December 16, 1987, and became permanently effective on May 1, 1988. (ii) Additional material. (A) KDHE letter of March 27, 1986, to EPA pertaining to new source permit regulations. (B) KDHE letter of January 6, 1988, and June 9, 1988, to EPA pertaining to stack height regulations. (C) KDHE letters of December 7, 1987, and December 23, 1987, pertaining to the state's stack heights analysis and negative declarations. (25) Revised Kansas Administrative Regulations (K.A.R.) pertaining to PM10 regulations and the PM10 committal SIP were submitted by Kansas on October 5, 1989. (i) Incorporation by reference. (A) Revised regulations Article 19—Ambient Air Quality Standards and Air Pollution Control, K.A.R. 28–19–7, 28–19–8, 28–19–14, 28–19–16a, 28–19–17a, 28–19–17b, 28–19–17c, 28–19–17g, 28–19–17i, 28–19–20, 28–19–21, and 28–19–56, published August 31, 1989, effective October 16, 1989. (ii) Additional material.(A) Letter of October 5, 1989, from the Secretary of the Kansas Department of Health and Environment (KDHE). (B) Memorandum of October 16, 1989, from the Secretary of State (Kansas) to Stanley Grant (KDHE). (C) Revised Air Quality Surveillance Monitoring Plan—Section E. (26) Revisions to the state implementation plan for the Kansas City metropolitan area were submitted by the Governor on October 23, 1991. Revisions include a maintenance plan which demonstrates continued attainment of the NAAQS for ozone through the year 2002. Rule revisions were also submitted on October 23, 1991. (i) Incorporation by reference. (A) Article 19—Ambient Air Quality Standards and Air Pollution Control, revised Kansas Administrative Regulations (K.A.R.) 28–19–61, Definitions, and K.A.R. 28–19–62, Testing procedures; and new rules K.A.R. 28–19–76, Lithography printing facilities, and K.A.R. 28–19–77, Chemical processing facilities that operate alcohol plants or liquid detergent plants. These rules were published August 22, 1991, and became effective October 7, 1991. (ii) Additional material. (A) State of Kansas Implementation Plan, Kansas City Metropolitan Area Maintenance Provisions, October 1991. (27) On September 15, 1992, the Secretary of KDHE submitted rule revisions to K.A.R. 28–19–17, the PSD rule; to K.A.R. 28–19–19, the CEM rule; and to K.A.R. 28–19–73, a surface coating rule. These rule revisions were adopted by KDHE on April 3, 1992. (i) Incorporation by reference. (A) Revised regulations K.A.R. 28–19–17 through 28–19–171, K.A.R. 28–19–19 and K.A.R. 28–19–73, and new regulations K.A.R. 28–19–17m through 28–19–17q, effective June 8, 1992. (ii) Additional material. (A) Letter and attachment from KDHE dated September 15, 1992 pertaining to PSD NOX requirements. (28) A plan for implementation of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program was submitted by the Kansas Department of Health and Environment as a revision to the Kansas State Implementation Plan (SIP) on January 25, 1994. (i) Incorporation by reference. (A) Kansas SIP, Small Business Stationary Source Technical and Environmental Compliance Assistance Program, dated November 15, 1993. (29) On May 16, 1994 the Secretary of KDHE submitted revisions to rules K.A.R. 28–19–31, 28–19–32, 28–19–63, and operating permits #20090048 (BPU Quindaro station) and #20090049 (BPU Kaw station). (i) Incorporation by reference. (A) Revised regulations K.A.R. 28–19–31, K.A.R. 28–19–32, K.A.R. 28–19–63, effective November 8, 1993. (B) Operating permits; Kansas City, Kansas, Board of Public Utilities Quindaro permit #20090048, and Kaw permit #20090049, effective October 20, 1993. (ii) Additional material. (A) Letter from BPU to KDHE dated December 11, 1992, regarding compliance verification methods and schedules. (30) On February 17, 1995, the Secretary of the Kansas Department of Health and Environment (KDHE) submitted for approval numerous rule revisions which add and revise definitions, revise the Kansas construction permit program, and create a class II operating permit program. (i) Incorporation by reference. (A) Revised rules K.A.R. 28–19–7 effective November 22, 1993; K.A.R. 28–19–8 effective January 23, 1995; K.A.R. 28–19–14 effective January 24, 1994; and the revocation of K.A.R. 28–19–14a effective January 23, 1995; and the revocation of K.A.R. 28–19–14b effective January 24, 1994. (B) New rules K.A.R. 28–19–204, 212, 300, 301, 302, 303, 304, 400, 401, 402, 403, 404, 500, 501, 502, 540, 541, 542, 543, 544, 545, 546, 561, 562, and 563 effective January 23, 1995. (31) On May 11, 1995, the Kansas Department of Health and Environment submitted an emissions inventory update to the Kansas City maintenance plan approved by EPA on June 23, 1992. The submittal also establishes a motor vehicle emissions budget for the purpose of fulfilling the requirements of the Federal Transportation Conformity rule. (i) Incorporation by reference. (A) Kansas City Ozone Maintenance State Implementation Plan Revision: Emissions Inventories and Motor Vehicle Emissions Budgets for the Kansas City Metropolitan Area, adopted on May 11, 1995. (32) A Plan revision was submitted by the Kansas Department of Health and Environment (KDHE) on June 6, 1996, which incorporates by reference the EPA's regulations relating to determining conformity of general Federal actions to State or Federal Implementation Plans, and which revokes old and adopts new open burning regulations. (i) Incorporation by reference. (A) Regulation K.A.R. 28–19–800, adopted by the Secretary of the KDHE on February 21, 1996, effective March 15, 1996. (B) Regulations K.A.R. 28–19–645 to K.A.R. 28–19–648, adopted by the Secretary of KDHE on February 6, 1996, effective March 1, 1996. (C) Regulations K.A.R. 28–19–45 to K.A.R. 28–19–47, revoked by the Secretary of KDHE on February 6, 1996, effective March 1, 1996. (33) A revision to the Kansas SIP was submitted by the Kansas Department of Health and Environment on May 23, 1997, pertaining to fuel volatility. (i) Incorporation by reference. (A) K.A.R. 28–19–79, Fuel Volatility, effective May 2, 1997. (d) Plan revisions were submitted on April 17, 1974, and February 17, 1974. [37 FR 10867, May 31, 1972. Redesignated at 64 FR 7097, Feb. 12, 1999] Editorial Note: For Federal Register citations affecting §52.875, see the List of CFR Sections Affected, which appears in the Finding Aids sections of the printed volume and on GPO Access. § 52.876 Compliance schedules. top (a) The requirements of §51.260 and of §51.15(a)(2) of this chapter as of September 19, 1976 (40 FR 43216), are not met since the plan does not contain legally enforceable compliance schedules setting forth the dates by which all stationary sources or categories of such sources must be in compliance with applicable portions of the control strategy. Paragraphs C and D of Kansas Regulation 28–19–9 specify that all sources not in compliance must submit an acceptable compliance schedule within 120 days after receiving notification from the State. There are no assurances that all sources will be notified by the State in a timely manner, therefore, paragraphs C and D of Regulation 28–19–9 are disapproved. (b) Federal compliance schedule. (1) Except as provided in paragraph (2) of this paragraph (b), the owner or operator of any stationary source subject to any emission regulation which is part of the approved plan shall be in compliance on or before January 31, 1974. (i) Any owner or operator in compliance with any such applicable regulation on the effective date of this paragraph shall certify such compliance to the Administrator no later than December 31, 1972. (ii) Any owner or operator who achieves compliance with any such applicable regulation after the effective date of this paragraph shall certify such compliance to the Administrator within 5 days of the date compliance is achieved. (2) An owner or operator of a stationary source subject to any emission regulation approved by the Administrator may no later than December 31, 1972, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with such regulation as expeditiously as practicable, but no later than July 31, 1975. The compliance schedule shall provide for periodic increments of progress toward compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Letting of necessary contracts for construction or process changes, if applicable; initiation of construction; completion and startup of control systems; performance tests; and submittal of performance test analysis and results. (3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met. (4) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (c) State compliance schedules. (1) [Reserved] (2) The compliance schedules identified below are disapproved as not meeting the requirements of §51.102 or subpart N of this chapter. All regulations cited are air pollution control regulations of the state, unless otherwise noted. Kansas ---------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date adopted ---------------------------------------------------------------------------------------------------------------- Chanute Manufacturing Co., Inc.: sand Chanute................ 28-19-50............... Dec. 14, 1973. blasting. Kansas City Power & Light, coal LaCygne................ 28-19-50............... Nov. 22, 1974. transfer houses. Pence Food Center, incinerator....... Chanute................ 28-19-40............... Do. Rodney Milling Co.: ``A'' house gallery and tunnel Topeka................. 28-19-50............... Do. system. ``B'' & ``C'' house gallery.... ......do............... 28-19-50............... Do. Western Alfalfa Corp., alfalfa Deerfield.............. 28-19-20............... Do. dehydrator. Do.................................. Tice................... 28-19-20............... Do. Pence Food Center, incinerator....... Humboldt............... 28-19-40............... Do. Sherwin-Williams Chemicals, Ozark Coffeyville............ 28-19-50B.............. Oct. 8, 1974. P.M. Mill. Continental Grain Co., rail car Hutchinson............. 28-19-50............... Aug. 15, 1974. loading. Far-Mar-Co, Inc., headhouse cyclones. Topeka................. 28-19-50............... Sept. 5, 1974. Do.................................. Hutchinson............. 28-19-50............... Aug. 15, 1974. Western Iron & Foundry, cupola... Wichita................ 28-19-20A, 28-19-50A... Oct. 4, 1974. Kansas Army Ammunition Plant, open Parsons................ 28-19-45............... Jan. 24, 1975. burning. Reid Grain, headhouse................ Goodland............... 28-19-50............... Do. Sherwin-Williams Chemicals, black ash Coffeyville............ 28-19-50A.............. Do. kiln. Cooperative Farm Chemicals, No. 1 NH4 Lawrence............... 28-19-20............... Mar. 28, 1975. NO399-percent evaporator and prilling tower. Sherwin-Williams Chemical Co., ozide Coffeyville............ 28-19-50A.............. Do. calciner exhaust. Kaw Dehydrating Co., alfalfa Lawrence............... 28-19-20............... Do. dehydrator. Empire Dist. Electric Co.: Boilers Riverton............... 28-19-31C.............. May 23, 1975. Nos. 7 and 8. Gulf Oil Chemicals Co.: Coal-fired Pittsburg.............. 28-19-31............... Do. boiler. Kansas City Power & Light: Main La Cygne............... 28-19-31B.............. Do. boiler. Mid-America Dairymen: Spray dryers Sabetha................ 28-19-20............... Do. Nos. 1 and 2. Tower Metal Products: Reverberatory Fort Scott............. 28-19-50A.............. Do. furnace C. U.S. Steel_Universal Atlas Cement.... Independence........... Clay storage bin................... ....................... 28-19-50A.............. Do. Stone storage bin.................. ....................... 28-19-50A.............. Do. Krupp Ball Mill No. 2................ ....................... 28-19-50A.............. Do. Krupp Ball Mill No. 3................ ....................... 28-19-50A.............. Do. ---------------------------------------------------------------------------------------------------------------- [37 FR 19809, Sept. 22, 1972] Editorial Note: For Federal Register citations affecting §52.876, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. §§ 52.877-52.880 [Reserved] top § 52.881 PM10 State implementation plan development in group II areas. top The state has submitted a committal SIP for Kansas City, Kansas. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681, except the state will report the PM10 data which exceed the standard within 60 days of the exceedance, rather than 45 days. [55 FR 1423, Jan. 16, 1990] §§ 52.882-52.883 [Reserved] top § 52.884 Significant deterioration of air quality. top (a) The requirements of section 160 through 165 of the Clean Air Act, as amended are met; except that: (1) EPA retains PSD permit authority for Indian lands in the State of Kansas. [49 FR 48186, Dec. 11, 1984, as amended at 54 FR 15935, Apr. 20, 1989; 58 FR 3848, Jan. 12, 1993] Subpart S—Kentucky top § 52.919 Identification of plan-conditional approval. top EPA is conditionally approving Rule 401 KAR 50:080, “Regulatory Limit on Potential to Emit,” effective January 15, 2001, into the Kentucky SIP contingent on the Commonwealth clarifying language in sections 2(3) and (4) according to a projected promulgation schedule committed to in a letter dated April 18, 2002, from the Commonwealth of Kentucky to EPA Region 4. [67 FR 53314, Aug. 15, 2002] § 52.920 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State Implementation Plan for Kentucky under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraph (c) of this section with an EPA approval date prior to October 1, 2003, for the Commonwealth of Kentucky (Table 1) and November 23, 2001, for Jefferson County, Kentucky (Table 2) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraph (c), Table 1, and paragraph (d) of this section with EPA approval dates after October 1, 2003, will be incorporated by reference in the next update to the SIP compilation. Entries in paragraph (c), Table 2, with EPA approval dates after October 23, 2001, will be incorporated by reference in the next update to the Jefferson County portion of the Kentucky SIP compilation. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State and Local Implementation Plans listed in paragraph (b)(1) of this section. (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303; at the EPA, Office of Air and Radiation Docket and Information Center, Room B–108, 1301 Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. Table 1._EPA-Approved Kentucky Regulations ---------------------------------------------------------------------------------------------------------------- Title/ State citation subject State effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Chapter 50 Division for Air Quality; General Administrative Procedures ---------------------------------------------------------------------------------------------------------------- 401 KAR 50:005..................... General 06/06/79 07/12/82, 47 FR 30059. applicati on 401 KAR 50:010..................... Definitio 06/06/96 01/21/97, 62 FR 2915. ns and abbreviat ions of terms used in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65 401 KAR 50:012..................... General 11/12/97 07/24/98, 63 FR 39739. applicati on 401 KAR 50:015..................... Documents 04/14/88 02/07/90, 55 FR 4169. incorpora ted by reference 401 KAR 50:020..................... Air 06/06/79 07/12/82, 47 FR 30059. quality control regions 401 KAR 50:025..................... Classific 06/01/83 04/02/96, 61 FR 14489. ation of counties 401 KAR 50:030..................... Registrat 06/06/79 07/12/82, 47 FR 30059. ion of sources 401 KAR 50:032..................... Prohibito 04/13/98 03/10/00, 65 FR 12948. ry rule for hot mix asphalt plants 401 KAR 50:035..................... Permits 09/28/94 09/27/95, 60 FR 49775. 401 KAR 50:040..................... Air 06/06/79 07/12/82, 47 FR 30059. quality models 401 KAR 50:042..................... Good 06/10/86 09/04/87,52 FR 33592. engineeri ng practice stack height 401 KAR 50:045..................... Performan 06/06/79 07/12/82, 47 FR 30059. ce tests 401 KAR 50:047..................... Test 06/24/92 06/23/94, 59 FR 32343. procedure s for capture efficienc y 401 KAR 50:050..................... Monitorin 06/06/79 07/12/82, 47 FR 30059. g 401 KAR 50:055..................... General 09/22/82 05/04/89, 54 FR 19169. complianc e requireme nts 401 KAR 50:060..................... Enforceme 06/06/79 07/12/82, 47 FR 30059. nt 401 KAR 50:065..................... Conformit 10/11/95 07/27/98, 63 FR 40044. y of general federal actions ---------------------------------------------------------------------------------------------------------------- Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- 401 KAR 51:001..................... Definitio 12/18/02 06/24/03, 68 FR 37418. ns for 401 KAR Chapter 51 401 KAR 51:005..................... Purpose 06/06/79 07/12/82, 47 FR 30059. and general provision s 401 KAR 51:010..................... Attainmen 11/12/97 07/24/98, 63 FR 39739. t status designati ons 401 KAR 51:017..................... Preventio 03/12/97 07/24/98, 63 FR 39741. n of significa nt deteriora tion of air quality 401 KAR 51:052..................... Review of 02/08/93 06/23/94, 59 FR 32343. new sources in or impacting upon nonattain ment areas 401 KAR 51:160..................... NOX 12/18/02 06/24/03, 68 FR 37418. requireme nts for large utility and industria l boilers 401 KAR 51:170..................... NOX 08/15/01 04/11/02, 67 FR 17624. requireme nts for cement kilns 401 KAR 51:180..................... NOX 08/15/01 04/11/02, 67 FR 17624. credits for early reduction and emergency 401 KAR 51:190..................... Banking 08/15/01 04/11/02, 67 FR 17624. and trading NOX allowance s 401 KAR 51:195..................... NOX opt- 08/15/01 04/11/02, 67 FR 17624. in provision s ---------------------------------------------------------------------------------------------------------------- Chapter 53 Ambient Air Quality ---------------------------------------------------------------------------------------------------------------- 401 KAR 53:005..................... General 04/14/88 02/07/90, 55 FR 4169. provision s 401 KAR 53:010..................... Ambient 04/14/88 02/07/90 55 FR 4169. air quality standards ---------------------------------------------------------------------------------------------------------------- Chapter 55 Emergency Episodes ---------------------------------------------------------------------------------------------------------------- 401 KAR 55:005..................... Significa 04/14/88 02/07/90, 55 FR 4169. nt harm criteria 401 KAR 55:010..................... Episode 04/14/88 02/07/90, 55 FR 4169. criteria 401 KAR 55:015..................... Episode 06/06/79 01/25/80, 45 FR 6092. declarati on 401 KAR 55:020..................... Abatement 06/06/79 01/25/80, 45 FR 6092. strategie s ---------------------------------------------------------------------------------------------------------------- Chapter 59 New Source Standards ---------------------------------------------------------------------------------------------------------------- 401 KAR 59:001..................... Definitio 06/06/96 01/21/97, 62 FR 2915. ns and abbreviat ions of terms used in Title 401, Chapter 59 401 KAR 59:005..................... General 12/01/82 12/04/86, 51 FR 43742. provision s 401 KAR 59:010..................... New 04/14/88 02/07/90, 55 FR 4169. process operation s 401 KAR 59:015..................... New 01/07/81 03/22/83, 48 FR 11945. indirect heat exchanger s 401 KAR 59:020..................... New 06/06/79 07/12/82, 47 FR 30059. incinerat ors 401 KAR 59:046..................... Selected 06/29/79 08/07/81, 46 FR 40188. new petroleum refining processes and equipment 401 KAR 59:050..................... New 02/04/81 03/30/83, 48 FR 13168. storage vessels for petroleum liquids 401 KAR 59:080..................... New kraft 06/06/79 01/25/80, 45 FR 6092. (sulfate) pulp mills 401 KAR 59:085..................... New 06/06/79 07/12/82, 47 FR 30059. sulfite pulp mills 401 KAR 59:090..................... New 06/06/79 07/12/82, 47 FR 30059. ethylene producing plants 401 KAR 59:095..................... New oil- 06/29/79 08/07/81, 46 FR 40188. effluent water separator s 401 KAR 59:101..................... New bulk 09/28/94 06/28/96, 61 FR 33674. gasoline plants 401 KAR 59:105..................... New 04/07/82 03/22/83, 48 FR 11945. process gas steams 401 KAR 59:174..................... Stage II 01/12/98 12/08/98, 63 FR 67586 controls at gasoline dispensin g facilitie s 401 KAR 59:175..................... New 02/08/93 06/23/94, 59 FR 32343. service stations 401 KAR 59:185..................... New 01/04/05 10/04/05, 70 FR 57750. solvent metal cleaning equipment 401 KAR 59:190..................... New 06/24/92 06/23/94, 59 FR 32343. insulatio n of magnet wire operation s 401 KAR 59:210..................... New 06/24/92 06/23/94, 59 FR 32343. fabric, vinyl and paper surface coating operation s 401 KAR 59:212..................... New 06/24/92 06/23/94, 59 FR 32343. graphic arts facilitie s using rotogravu re and flexograp hy 401 KAR 59:214..................... New 06/24/92 06/23/94, 59 FR 32343. factory surface coating operation s of flat wood paneling 401 KAR 59:225..................... New 06/24/92 06/23/94, 59 FR 32343. miscellan eous metal parts and products surface coating operation 401 KAR 59:230..................... New 06/24/92 06/23/94, 59 FR 32343. synthesiz ed pharmaceu tical product manufactu ring operation s 401 KAR 59:235..................... New 02/04/81 03/30/83, 48 FR 13168. pneumatic rubber tire manufactu ring plants 401 KAR 59:240..................... New 06/24/92 06/23/94, 59 FR 32343. perchloro ethylene dry cleaning systems 401 KAR 59:315..................... Specific 06/24/92 06/23/94, 59 FR 32343. new sources 401 KAR 59:760..................... Commercia 03/11/05 10/04/05, 70 FR 57750 l Motor Vehicle and Mobile Equipment Refinishi ng Operation s ---------------------------------------------------------------------------------------------------------------- Chapter 61 Existing Source Standards ---------------------------------------------------------------------------------------------------------------- 401 KAR 61:001..................... Definitio 06/06/96 01/21/97, 62 FR 2915. ns and abbreviat ions of terms used in 401 KAR Chapter 61 401 KAR 61:005..................... General 12/01/82 05/04/89, 54 FR 19169. provision s 401 KAR 61:010..................... Existing 06/06/79 05/04/89, 54 FR 19169. incinerat ors 401 KAR 61:015..................... Existing 06/01/83 04/02/96, 61 FR 14489. indirect heat exchanger s 401 KAR 61:020..................... Existing 04/14/88 02/07/90, 55 FR 4169. process operation s 401 KAR 61:025..................... Existing 06/06/79 05/26/82, 47 FR 22955 kraft (sulfate) pulp mills 401 KAR 61:030..................... Existing 06/06/79 03/22/83, 48 FR 11945. sulfuric acid plants 401 KAR 61:035..................... Existing 04/07/82 03/22/83, 48 FR 11945. process gas streams 401 KAR 61:040..................... Existing 06/06/79 01/25/80, 45 FR 6092. ethylene producing plants 401 KAR 61:045..................... Existing 06/29/79 08/07/81, 46 FR 40188. oil- effluent water separator s 401 KAR 61:050..................... Existing 06/24/92 06/23/94, 59 FR 32345. storage vessels for petroleum liquids 401 KAR 61:055..................... Existing 08/24/82 03/30/83, 48 FR 13168. loading facilitie s at bulk gasoline terminals 401 KAR 61:056..................... Existing 09/28/94 06/28/96, 61 FR 33674. bulk gasoline plants 401 KAR 61:060..................... Existing 06/29/79 01/25/80, 45 FR 6092. sources using organic solvents 401 KAR 61:065..................... Existing 06/06/79 07/12/82, 47 FR 30059. nitric acid plants 401 KAR 61:070..................... Existing 06/06/79 05/03/84, 49 FR 18833. ferroallo y productio n facilitie s 401 KAR 61:075..................... Steel 12/01/82 05/04/89, 54 FR 19169. plants and foundries using existing electric arc furnaces 401 KAR 61:080..................... Steel 04/01/84 05/04/89, 54 FR 19169. plants using existing basic oxygen process furnaces 401 KAR 61:085..................... Existing 02/08/93 06/23/94, 59 FR 32343. service stations 401 KAR 61:090..................... Existing 06/24/92 06/23/94, 59 FR 32343. automobil e and light- duty truck surface coating operation s 401 KAR 61:095..................... Existing 06/24/92 06/23/94, 59 FR 32343. solvent metal cleaning equipment 401 KAR 61:100..................... Existing 06/24/92 06/23/94, 59 FR 32343. insulatio n of magnet wire operation s 401 KAR 61:105..................... Existing 06/24/92 06/23/94, 59 FR 32343. metal furniture surface coating operation s 401 KAR 61:110..................... Existing 06/24/92 06/23/94, 59 FR 32343. large appliance surface coating operation s 401 KAR 61:120..................... Existing 06/24/92 06/23/94, 59 FR 32343. fabric, vinyl and paper surface coating operation s 401 KAR 61:122..................... Existing 06/24/92 06/23/94, 59 FR 32343. graphic arts facilitie s using rotogravu re and flexograp hy 401 KAR 61:124..................... Existing 06/24/92 06/23/94 59 FR 32343. factory surface coating operation s of flat wood paneling 401 KAR 61:125..................... Existing 06/24/92 06/23/94, 59 FR 32343. can surface coating operation s 401 KAR 61:130..................... Existing 06/24/92 06/23/94, 59 FR 32343. coil surface coating operation s 401 KAR 61:132..................... Existing 06/24/92 06/23/94, 59 FR 32343. miscellan eous metal parts and products surface coating operation s 401 KAR 61:135..................... Selected 06/29/79 01/25/80, 45 FR 6092. existing petroleum refining processes and equipment 401 KAR 61:137..................... Leaks 06/24/92 06/23/94, 59 FR 32343. from existing petroleum refinery equipment 401 KAR 61:140..................... Existing 09/04/86 05/04/89, 54 FR 19169. by- product coke manufactu ring plants 401 KAR 61:145..................... Existing 01/07/81 03/22/83, 48 FR 11945. petroleum refinerie s 401 KAR 61:150..................... Existing 06/24/92 06/23/94, 59 FR 32343. synthesiz ed pharmaceu tical product manufactu ring operation s 401 KAR 61:155..................... Existing 06/24/92 06/23/94, 59 FR 32343. pneumatic rubber tire manufactu ring plants 401 KAR 61:160..................... Existing 06/24/92 06/23/94, 59 FR 32343. perchloro ethylene dry cleaning systems 401 KAR 61:165..................... Existing 06/04/85 12/02/86, 51 FR 43395. primary aluminum reduction plants 401 KAR 61:170..................... Existing 04/14/88 02/07/90, 55 FR 4169. blast furnace casthouse s 401 KAR 61:175..................... Leaks 06/24/92 06/23/94, 59 FR 32343. from existing synthetic organic chemical and polymer manufactu ring equipment ---------------------------------------------------------------------------------------------------------------- Chapter 63 General Standards of Performance ---------------------------------------------------------------------------------------------------------------- 401 KAR 63:001..................... Definitio 06/06/96 01/21/97, 62 FR 2915. ns and abbreviat ions of terms used in 401 KAR Chapter 63 401 KAR 63:005..................... Open 01/12/98 12/08/98, 63 FR 67586. burning 401 KAR 63:010..................... Fugitive 06/06/79 07/12/82, 47 FR 30059. emissions 401 KAR 63:015..................... Flares 06/06/79 12/24/80, 45 FR 84999. 401 KAR 63:020..................... Potential 06/06/79 12/24/80, 45 FR 84999. ly hazardous matter or toxic substance s 401 KAR 63:025..................... Asphalt 06/24/92 06/23/94, 59 FR 32343. paving operation s 401 KAR 63:031..................... Leaks 02/08/93 06/23/94, 59 FR 32343. from gasoline tank trunks ---------------------------------------------------------------------------------------------------------------- Chapter 65 Mobile Source-Related Emissions ---------------------------------------------------------------------------------------------------------------- 401 KAR 65:001..................... Definitio 08/15/01 09/24/02, 67 FR 59785. ns and abbreviat ions of terms used in 401 KAR Chapter 65 401 KAR 65:005..................... Liquefied 06/06/79 01/25/80, 45 FR 6092. petroleum gas carbureti on systems ---------------------------------------------------------------------------------------------------------------- Table 2_EPA-Approved Jefferson County Regulations for Kentucky ---------------------------------------------------------------------------------------------------------------- EPA District Reg Title/subject approval Federal Register effective date notice date ---------------------------------------------------------------------------------------------------------------- Reg 1_General Provisions 1.01.............................. General Application of 10/23/01 66 FR 53660 03/17/99 Regulations and Standards. 1.02.............................. Definitions................... 11/19/02 67 FR 69688 12/19/01 1.03.............................. Abbreviations and Acronyms.... 11/19/02 67 FR 69688 05/15/02 1.04.............................. Performance Tests............. 10/23/01 66 FR 53660 11/19/97 1.05.............................. Compliance with Emission 10/23/01 66 FR 53660 11/18/92 Standards and Maintenance Requirements. 1.06.............................. Source Self-Monitoring and 10/23/01 66 FR 53660 12/15/93 Reporting. 1.07.............................. Emissions During Startups, 10/23/01 66 FR 53660 01/17/96 Shutdowns, Malfunctions and Emergencies. 1.08.............................. Administrative Procedures..... 11/03/03 68 FR 62236 06/19/02 1.09.............................. Prohibition of Air Pollution.. 10/23/01 66 FR 53660 11/16/83 1.10.............................. Circumvention................. 10/23/01 66 FR 53660 04/19/72 1.11.............................. Control of Open Burning....... 10/23/01 66 FR 53660 02/22/90 1.14.............................. Control of Fugitive 10/23/01 66 FR 53660 01/20/88 Particulate Emissions. 1.18.............................. Rule Effectiveness............ 10/23/01 66 FR 53689 09/21/94 1.19.............................. Administrative Hearings....... 11/19/02 67 FR 69688 05/15/02 Reg 2_Permit Requirements 2.01.............................. General Application........... 10/23/01 66 FR 53660 04/21/82 2.02.............................. Air Pollution Regulation 10/23/01 66 FR 53660 06/21/95 Requirements and Exemptions. 2.03.............................. Permit Requirements_Non-Title 10/23/01 66 FR 53660 12/15/93 V Construction and Operating Permits and Demolition/ Renovation Permits. 2.04.............................. Construction or Modification 10/23/01 66 FR 53660 03/17/93 of Major Sources in or Impacting Upon Non-Attainment Areas (Emission Offset Requirements). 2.05.............................. Prevention of Significant 11/03/03 68 FR 62236 06/19/02 Deterioration of Air Quality. 2.06.............................. Permit Requirements_Other 10/23/01 66 FR 53660 11/16/83 Sources. 2.07.............................. Public Notification for Title 10/23/01 66 FR 53660 06/21/95 V, PSD, and Offset Permits; SIP Revisions; and Use of Emission Reduction Credits. 2.09.............................. Causes for Permit Suspension.. 11/03/03 68 FR 62236 06/19/02 2.10.............................. Stack Height Considerations... 10/23/01 66 FR 53660 07/19/89 2.11.............................. Air Quality Model Usage....... 10/23/01 66 FR 53660 05/19/99 2.17.............................. Federally Enforceable District 11/03/03 68 FR 62236 06/19/02 Origin Operating Permits. Reg_3 Ambient Air Quality Standards 3.01.............................. Purpose of Standards and 10/23/01 66 FR 53660 06/13/79 Expression of Non-Degradation Intention. 3.02.............................. Applicability of Ambient Air 10/23/01 66 FR 53660 06/13/79 Quality Standards. 3.03.............................. Definitions................... 10/23/01 66 FR 53660 06/13/79 3.04.............................. Ambient Air Quality Standards. 10/23/01 66 FR 53660 04/20/88 3.05.............................. Methods of Measurement........ 10/23/01 66 FR 53660 04/20/88 Reg_4 Emergency Episodes 4.01.............................. General Provisions for 10/23/01 66 FR 53660 06/13/79 Emergency Episodes. 4.02.............................. Episode Criteria.............. 10/23/01 66 FR 53660 04/20/88 4.03.............................. General Abatement Requirements 10/23/01 66 FR 53660 02/16/83 4.04.............................. Particulate and Sulfur Dioxide 10/23/01 66 FR 53660 04/19/72 Reduction Requirements. 4.05.............................. Hydrocarbon and Nitrogen 10/23/01 66 FR 53660 02/16/83 Oxides Reduction Requirements. 4.06.............................. Carbon Monoxide Reduction 10/23/01 66 FR 53660 02/16/83 Requirements. 4.07.............................. Episode Reporting Requirements 10/23/01 66 FR 53660 06/13/79 Reg_6 Standards of Performance for Existing Affected Facilities 6.01.............................. General Provisions............ 10/23/01 66 FR 53660 11/16/83 6.02.............................. Emission Monitoring for 10/23/01 66 FR 53660 11/16/83 Existing Sources. 6.07.............................. Standards of Performance for 10/23/01 66 FR 53660 06/13/79 Existing Indirect Heat Exchangers. 6.08.............................. Standard of Performance for 10/23/01 66 FR 53660 06/13/79 Existing Incinerators. 6.09.............................. Standards of Performance for 10/23/01 66 FR 53660 03/17/99 Existing Process Operations. 6.10.............................. Standard of Performance for 10/23/01 66 FR 53660 11/16/83 Existing Process Gas Streams. 6.12.............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 Existing Asphalt Paving Operations. 6.13.............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 Existing Storage Vessels for Volatile Organic Compounds. 6.14.............................. Standard of Performance for 10/23/01 66 FR 53661 04/21/82 Selected Existing Petroleum Refining Processes and Equipment. 6.15............................. Standard of Performance for 01/25/80 45 FR 6092 06/13/79 Gasoline Transfer to Existing Service Station Storage Tanks (Stage I Vapor Recovery). 6.16............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 Existing Large Appliance Surface Coating Operations. 6.17............................. Standard of Performance for 10/23/01 66 FR 53661 11/18/92 Existing Automobile and Truck Surface Coating Operations. 6.18............................. Standards of Performance for 11/19/02 67 FR 69688 05/15/02 Existing Solvent Metal Cleaning Equipment. 6.19............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 Existing Metal Furniture Surface Coating Operations. 6.20............................. Standard of Performance for 10/23/01 66 FR 53661 11/16/83 Existing Bulk Gasoline Plants. 6.21............................. Standard of Performance for 10/23/01 66 FR 53661 11/16/83 Existing Gasoline Loading Facilities at Bulk Terminals. 6.22............................. Standard of Performance for 10/23/01 66 FR 53661 03/17/93 Existing Volatile Organic Materials Loading Facilities. 6.24............................. Standard of Performance for 10/23/01 66 FR 53661 03/17/93 Existing Sources Using Organic Materials. 6.26............................. Standards of Performance for 10/23/01 66 FR 53661 06/13/79 Existing Volatile Organic Compound Water Separators. 6.27............................. Standards of Performance For 10/23/01 66 FR 53661 06/13/79 Existing Liquid Waste Incinerators. 6.28............................. Standard of Performance for 10/23/01 66 FR 53661 03/18/81 Existing Hot Air Aluminum Atomization Processes. 6.29............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 Existing Graphic Arts Facilities Using Rotogravure and Flexography. 6.30............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 Existing Factory Surface Coating Operations of Flat Wood Paneling. 6.31............................. Standard of Performance for 10/23/01 66 FR 53661 04/23/96 Existing Miscellaneous Metal Parts and Products Surface- Coating Operations. 6.32............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 Leaks from Existing Petroleum Refinery Equipment. 6.33............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 Existing Synthesized Pharmaceutical Product Manufacturing Operations. 6.34............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 Existing Pneumatic Rubber Tire Manufacturing Plants. 6.35............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 Existing Fabric, Vinyl and Paper Surface Coating Operations. 6.38.............................. Standard of Performance for 10/23/01 66 FR 53661 12/17/86 Existing Air Oxidation Processes in Synthetic Organic Chemical Manufacturing Industries. 6.39.............................. Standard of Performance for 10/23/01 66 FR 53661 07/17/96 Equipment Leaks of Volatile Organic Compounds in Existing Synthetic Organic Chemical and Polymer Manufacturing Plants. 6.40.............................. Standards of Performance for 10/23/01 66 FR 53661 08/18/93 Gasoline Transfer to Motor Vehicles (Stage II Vapor Recovery and Control). 6.42.............................. Reasonably Available Control 10/23/01 66 FR 53661 03/17/99 Technology Requirements for Major Volatile Organic Compound- and Nitrogen Oxides- Emitting Facilities. 6.43.............................. Volatile Organic Compound 10/23/01 66 FR 53689 05/21/97 Reduction Requirements. 6.45.............................. Standards of Performance for 10/23/01 66 FR 53689 02/02/94 Existing Solid Waste Landfills. 6.44.............................. Standards of Performance for 10/23/01 66 FR 53661 09/20/95 Existing Commercial Motor Vehicle and Mobile Equipment Refinishing Operations. 6.46.............................. Standards of Performance for 10/23/01 66 FR 53661 12/21/94 Existing Ferroalloy and Calcium Carbide Production Facilities. 6.48.............................. Standard of Performance for 10/23/01 66 FR 53661 07/19/95 Existing Bakery Oven Operations. 6.49.............................. Standards of Performance for 10/23/01 66 FR 53664 06/20/01 Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry. 6.50.............................. NOX Requirements for Portland 11/19/02 67 FR 69688 03/20/02 Cement Kilns. Reg 7_Standards of Performance for New Affected Facilities 7.01.............................. General Provisions............ 10/23/01 66 FR 53661 05/17/00 7.06.............................. Standards of Performance for 10/23/01 66 FR 53661 04/21/82 New Indirect Heat Exchangers. 7.07.............................. Standard of Performance for 10/23/01 66 FR 53661 09/15/93 New Incinerators. 7.08.............................. Standards of Performance for 10/23/01 66 FR 53661 03/17/99 New Process Operations. 7.09.............................. Standards of Performance for 10/23/01 66 FR 53661 06/18/97 New Process Gas Streams. 7.11.............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 New Asphalt Paving Operations. 7.12.............................. Standard of Performance for 10/23/01 66 FR 53661 05/15/91 New Storage Vessels for Volatile Organic Compounds. 7.14.............................. Standard of Performance for 10/23/01 66 FR 53661 06/13/79 Selected New Petroleum Refining Processes and Equipment. 7.15.............................. Standards of Performance for 10/23/01 66 FR 53662 04/20/88 Gasoline Transfer to New Service Station Storage Tanks (Stage I Vapor Recovery). 7.18.............................. Standards of Performance for 10/23/01 66 FR 53662 05/15/91 New Solvent Metal Cleaning Equipment. 7.20.............................. Standard of Performance for 10/23/01 66 FR 53662 11/16/83 New Gasoline Loading Facilities at Bulk Plants. 7.22.............................. Standard of Performance for 10/23/01 66 FR 53662 03/17/93 New Volatile Organic Materials Loading Facilities. 7.25.............................. Standard of Performance for 10/23/01 66 FR 53662 03/17/93 New Sources Using Volatile Organic Compounds. 7.34.............................. Standard of Performance for 10/23/01 66 FR 53662 06/13/79 New Sulfite Pulp Mills. 7.35.............................. Standard of Performance for 10/23/01 66 FR 53662 06/13/79 New Ethylene Producing Plants. 7.36.............................. Standard of Performance for 10/23/01 66 FR 53662 06/13/79 New Volatile Organic Compound Water Separators. 7.51.............................. Standard of Performance for 10/23/01 66 FR 53662 01/20/88 New Liquid Waste Incinerators. 7.52.............................. Standard of Performance for 10/23/01 66 FR 53662 05/15/91 New Fabric, Vinyl, and Paper Surface Coating Operations. 7.55.............................. Standard of Performance for 10/23/01 66 FR 53662 03/17/93 New Insulation of Magnet Wire. 7.56.............................. Standard of Performance for 10/23/01 66 FR 53662 05/15/91 Leaks from New Petroleum Refinery Equipment. 7.57.............................. Standard of Performance for 10/23/01 66 FR 53662 05/15/91 New Graphic Arts Facilities Using Rotogravure and Flexography. 7.58.............................. Standard of Performance for 10/23/01 66 FR 53662 05/15/91 New Factory Surface Coating Operations of Flat Wood Paneling. 7.59.............................. Standard of Performance for 10/23/01 66 FR 53662 04/23/96 New Miscellaneous Metal Parts and Products Surface Coating Operations. 7.60.............................. Standard of Performance for 10/23/01 66 FR 53662 05/15/91 New Synthesized Pharmaceutical Product Manufacturing Operations. 7.77.............................. Standards of Performance for 10/23/01 66 FR 53662 10/20/93 New Blast Furnace Casthouses. 7.79.............................. Standards of Performance for 10/23/01 66 FR 53690 02/02/94 New Commercial Motor Vehicles and Mobile Equipment Refinishing Operations. 7.81.............................. Standard of Performance for 10/23/01 66 FR 53662 05/17/00 New or Modified Bakery Oven Operations. Reg 8_Mobile Source Emissions Control ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved source specific requirements. EPA-Approved Kentucky Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State Name of source Permit No. effective EPA approval date Explanations date ---------------------------------------------------------------------------------------------------------------- Bubble action at Kentucky N/A.................. 12/01/80 06/15/81, 46 FR 31260. Utilities Green River Plant. Bubble action at Corning N/A.................. 05/18/81 10/29/81, 46 FR 53408. Glassworks. Bubble action at National N/A.................. 12/24/80 09/14/81, 46 FR 45610. Distillers Company's, Old Crow Plant. Bubble action at General Electric N/A.................. 08/07/81 01/12/82, 47 FR 1291. in Louisville. Bubble action at Borden Chemical N/A.................. 03/05/82 05/11/82, 47 FR 20125. CO in Jefferson CO.. Variance for seven N/A.................. 08/04/82 05/02/83, 48 FR 19176. perchloroethylene dry cleaners. Variance for two dry cleaners..... N/A.................. 01/27/83 05/05/83, 48 FR 20233. Variance for Jiffy and Hiland Dry N/A.................. 04/25/84 04/18/85, 50 FR 15421. Cleaners. TVA Paradise Permit............... KDEPDAQ Permit 0-87- 06/29/87 08/25/89, 54 FR 35326. 012. Opacity variance for boiler Units KDEPDAQ Permit 0-86- 07/24/96 08/17/88, 53 FR 30998. 1 and 2 of TVA's Paradise Steam 75. Plant. Operating Permits for nine presses APCDJC Permits 103- 02/28/90 05/16/90, 55 FR 20269. at the Alcan Foil Products 74, 104-74, 105-74, facility_Louisville. 103-74, 110-74, 111- 74. Operating Permit requiring VOC KDEPDAQ Permit 0-94- 11/17/94 05/24/95, 60 FR 27411. RACT for Calgon CO. 020. Reynolds Metals Company........... APCDJC Permits 103- 04/16/97 01/13/98, 63 FR 1929. 74, 104-74, 016-74, 110-74, 111-74. Alternative Averaging Period for KDEPDAQ Permit V-98- 07/07/99 05/09/01, 66 FR 23617. American Greetings Corporation. 049. Title V permit requiring VOC RACT KDEPDAQ Permit 21-029- 07/20/01 10/23/01, 66 FR 53664. for Publisher's Printing, Inc., 00019. Bullitt County. Board Order American Synthetic NOX RACT Plan 12/20/ 01/01/01 10/23/01, 66 FR 53684. Rubber Company. 00. Board Order E.I. du Pont de NOX RACT Plan 02/21/ 03/01/01 10/23/01, 66 FR 53684. Nemours & Company. 01. Board Order Ford Louisville NOX RACT Plan 11/08/ 01/01/00 10/23/01, 66 FR 53684. Assembly Plant. 99. Board Order General Electric NOX RACT Plan 01/17/ 03/01/01 10/23/01, 66 FR 53684. Company. 01. Board Order Kosmos Cement Company. NOX RACT Plan 05/03/ 05/03/04 05/18/05, 70 FR 28429. 04. Board Order Louisville Gas and NOX RACT Plan 10/18/ 01/01/01 10/23/01, 66 FR 53684. Electric Company, Cane Run 00. Generating Station. Board Order Louisville Gas and NOX RACT Plan 10/18/ 01/01/01 10/23/01, 66 FR 53684. Electric Company, Mill Creek 00. Generating Station. Board Order Louisville Medical NOX RACT Plan 02/21/ 04/01/01 10/23/01, 66 FR 53685. Center Steam Plant. 01. Board Order Oxy Vinyls, LP........ NOX RACT Plan 12/20/ 01/01/01 10/23/01, 66 FR 53685. 00. Board Order Rohm and Haas Company. NOX RACT Plan 12/20/ 01/01/01 10/23/01, 66 FR 53685. 00. Board Order Texas Gas Transmission NOX RACT Plan 11/08/ 01/01/00 10/23/01, 66 FR 53685. 99. Lawson Mardon Packaging, USA, Inc. N/A.................. 08/11/03 07/10/03, 68 FR 41084. ................. ---------------------------------------------------------------------------------------------------------------- (e) EPA-approved non-regulatory provisions. EPA_Approved Kentucky Non-regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Applicable submittal Name of non-regulatory SIP geographic or date/ EPA approval date Explanations provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- Air Quality surveillance plan... Commonwealth of 11/15/79 11/16/81, 46 FR 56198. Kentucky. Protection Visibility in Class I Mammoth Cave 08/31/97 07/12/88, 53 FR 26253. Areas. National Park (Class I area). Small Business Assistance Commonwealth of 07/15/93 06/19/95, 60 FR 31915. Program. Kentucky. Lexington Maintenance Plan...... Fayette County, 08/24/04 09/16/04, 69 FR 55751. Scott County. Ashland-Huntington Maintenance Boyd County, 05/24/95 06/29/95, 60 FR 33752. Plan. Greenup County. Maintenance Plan for Owensboro Daviess County, 04/14/98 09/03/98, 63 FR 46898. & Edmonson County Area. Hancock County, Edmonson County. Northern Kentucky 15% Plan & Boone, Campbell and 09/11/98 12/08/98, 63 FR 67591. I/M. Kenton Counties. Negative Declarations for the Jefferson County, 12/14/99 10/23/01, 66 FR 53665. nonattainment portions of Bullitt County, Bullitt and Oldham Counties in Oldham County. Louisville 1-hour moderate ozone nonattainment area for CTG rules for aerospace, SOCMI, shipbuilding, and wood furniture manufacturing. Negative Declarations submitted Jefferson County, 02/26/01 10/23/01, 66 FR 53665. by the Air Pollution Control Bullitt County, District of Jefferson County Oldham County. for the Louisville 1-hour moderate ozone nonattainment area for CTG rules for aerospace, shipbuilding, and wood furniture manufacturing. Louisville 1-Hour Ozone Jefferson County 11/1/03 05/18/05, 70 FR 28429. Maintenance Plan. and portions of Bullitt and Oldham Counties. Maintenance Plan for Paducah Marshall County and 06/14/01 08/20/01, 66 FR 43488. Area. a portion of Livingston County. Northern Kentucky 1-Hour Ozone Boone, Campbell, 02/09/05 10/04/05, 70 FR 57750 Maintenance Plan. and Kenton Counties. 8-Hour Ozone Maintenance Plan Christian County... 05/20/2005 01/25/06, 71 FR 4047 for the Christian County, Kentucky area. ---------------------------------------------------------------------------------------------------------------- [64 FR 28750, May 27, 1999, as amended at 65 FR 12950, Mar. 10, 2000; 65 FR 37898, June 19, 2000; 66 FR 23617, May 9, 2001; 66 FR 43491, Aug. 20, 2001; 66 FR 53659, 53664, 53684, 53689, Oct. 23, 2001; 67 FR 5953, Feb. 8, 2002; 67 FR 17630, Apr. 11, 2002; 67 FR 59786, Sept. 24, 2002; 67 FR 69690, Nov. 19, 2002; 68 FR 32384, May 30, 2003; 68 FR 37419, June 24, 2003; 69 FR 1678, Jan. 12, 2004; 69 FR 18816, Apr. 9, 2004; 69 FR 55751, Sept. 16, 2004; 69 FR 56174, Sept. 20, 2004; 70 FR 28435, May 18, 2005; 70 FR 57761, Oct. 4, 2005; 71 FR 4049, Jan. 25, 2006] § 52.921 Classification of regions. top The Kentucky plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Appalachian Intrastate............................... II III III III III Bluegrass Intrastate................................. II III III III III Evansville (Indiana)-Owensboro-Henderson (Kentucky) I II III III III Interstate.......................................... Huntington (West Virginia)-Ashland (Kentucky)- I III III III III Portsmouth-Ironton (Ohio) Interstate................ Louisville Interstate................................ I I III III I Metropolitan Cincinnati Interstate................... I II III III I North Central Kentucky Intrastate.................... II III III III III Paducah (Kentucky)-Cairo (Illinois) Interstate....... I II III III III South Central Kentucky Intrastate.................... III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10868, May 31, 1972, as amended at 39 FR 16346, May 8, 1974] § 52.922 [Reserved] top § 52.923 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves Kentucky's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. (b) New Source review permits issued pursuant to Section 173 of the Clean Air Act will not be deemed valid by EPA unless the provisions of Section V of Appendix S of 40 CFR part 51 are met. [45 FR 72157, Oct. 31, 1980] § 52.924 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met since K.R.S. 224.380 of the Air Pollution Control Law of the Commonwealth of Kentucky (June 18, 1970) does not provide for the release, under certain circumstances, of emission data to the public. (b) Delegation of Authority: Pursuant to section 114 of the Act, Kentucky requested a delegation of authority to enable it to collect, correlate, and release emission data to the public. The Administrator has determined that Kentucky is qualified to receive a delegation of the authority it requested. Accordingly, the Administrator delegates to Kentucky his authority under section 114(a) (1) and (2) and section 114(c) of the Act, i.e., authority to collect, correlate, and release emission data to the public. [37 FR 10868, May 31, 1972, as amended at 37 FR 15084, July 27, 1972; 51 FR 40676, Nov. 7, 1986] § 52.925 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate. [39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986] § 52.926 Attainment dates for national standards. top The following table presents the latest dates by which the national standards are to be attained. The dates reflect the information presented in Kentucky's plan, except where noted. ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------------------------- Air quality control region Particulate matter Sulfur oxides -------------------------------------------- Nitrogen Carbon Ozone Primary Secondary Primary Secondary dioxide monoxide ---------------------------------------------------------------------------------------------------------------- Appalachian Intrastate: a. Bell County................... g h b b b b b b. Perry County.................. g h b b b b b c. Whitley County................ g h b b b b b d. Rest of AQCR.................. c c b b b b b Bluegrass Intrastate: a. Fayette County................ a c b b b b g b. Madison County................ g h b b b b b c. Rest of AQCR.................. a c b b b b b Evansville (Indiana)-Ownsboro- Henderson (Kentucky) Interstate: a. Daviess County................ g i g g b b b b. Henderson County.............. g i a e b b g c. Webster County................ c c g g b b b d. Rest of AQCR.................. c c a e b b b Huntington (West Virginia)-Ashland (Kentucky)-Portsmouth-Ironton (Ohio) Interstate: a. Boyd County................... g i g b b b g b. Lawrence County............... g h b b b b b c. Rest of AQCR.................. c c b b b b b Louisville Interstate.............. g i j j b h h Metropolitan Cincinnati Interstate: a. Boone County.................. c c a d b d h b. Campbell County............... g h a d b d h c. Kenton County................. c c a d b d h d. Rest of AQCR.................. c c a d b d c North Central Kentucky Intrastate: a. Bullitt County................ g h b b b b b b. Rest of AQCR.................. a c b b b b b Paducah (Kentucky) Cairo (Illinois) Interstate: a. McCracken County.............. g h g f b b b b. Marshall County............... c g a f b b b c. Muhlenberg County............. g h g g b b b d. Rest of AQCR.................. c c a f b b b South Central Kentucky Intrastate.. b b b b b b b ---------------------------------------------------------------------------------------------------------------- See § 81.318 of this chapter to identify the specific nonattainment area. Note: Dates or footnotes in italics are prescribed by the Administrator because the plan did not provide a specific date or the dates provided were not acceptable. Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to the 1977 Clean Air Act Amendments remain obligated to comply with those requirements by the earlier deadlines. The earlier attainment dates are set out at 40 CFR 52.926 (1979 edition). a. Air quality levels presently below primary standards or area is unclassifiable. b. Air quality levels presently below secondary standards or area is unclassifiable. c. April 1975. d. July 1975. e. July 1977. f. July 1978. g. December 31, 1982. h. December 31, 1987. i. 18 month extension for plan submittal granted: attainment date not yet established. j. January 1, 1985. [45 FR 85002, Dec. 24, 1980] § 52.927 Compliance schedules. top (a) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. (b) Federal compliance schedules. (1) Except as provided in paragraph (b)(5) of this section, the owner or operator of any fuel-burning facility subject to the requirements of the Kentucky Air Pollution Control Regulations as they apply to sulfur dioxide sources, shall notify the Regional Administrator, by no later than November 3, 1975, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to meet these requirements. (2) Any owner or operator of a stationary source subject to paragraph (b)(1) of this section who elects to utilize low-sulfur fuel shall be subject to the following compliance schedule: (i) December 1, 1975—Submit to the Regional Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with the applicable regulation on July 1, 1977, and for at least one year thereafter, as well as a statement as to whether boiler modifications will be required. If so, final plans for such modifications must be submitted simultaneously. (ii) December 31, 1975—Sign contracts with fuel suppliers for projected fuel requirements as projected above. (iii) December 31, 1975—Let contracts for necessary boiler modifications, if applicable. (iv) January 30, 1976—Initiate onsite modifications, if applicable. (v) May 1, 1977—Complete onsite modifications, if applicable. (vi) July 1, 1977—Achieve compliance with the applicable regulations, and certify such compliance to the Regional Administrator. (3) Any owner or operator subject to paragraph (b)(1) of this section who elects to utilize stack gas desulfurization shall be subject to the following compliance schedule: (i) December 1, 1975—Submit to the Regional Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations. (ii) December 31, 1975—Negotiate and sign all necessary contracts for emission control systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modifications. (iii) January 30, 1976—Initiate onsite construction or installation of emission control equipment or process modification. (iv) May 1, 1977—Complete onsite construction or installation or emission control equipment or process modification. (v) July 1, 1977—Complete shakedown operations and performance tests for the applicable unit(s); achieve compliance with Kentucky Division of Air Pollution Regulation for sulfur dioxide sources and certify such compliance to the Regional Administrator. Ten days prior to any performance testing, notice must be given to the Regional Administrator to afford him the opportunity to have an observer present. (4) Five days after the deadline for completing increments in paragraphs (b)(2)(ii) through (b)(2)(v) and (b)(3)(ii) through (b)(3)(iv) of this section, certify to the Regional Administrator whether the increment has been met. (5) (i) None of the above paragraphs shall apply to a source which is presently in compliance with applicable regulations. The owner or operator of any fuel-burning facility with an aggregate heat input of more than 250 million BTU per hour which is presently in compliance, shall certify such compliance to the Regional Administrator by November 3, 1975. The Regional Administrator may request whatever supporting information he considers necessary for proper certification. (ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Regional Administrator no later than December 1, 1975, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If approved by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (6) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of a compliance schedule in this paragraph fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. [38 FR 16145, June 20, 1973, as amended at 40 FR 3418, Jan. 22, 1975; 40 FR 14071, Mar. 28, 1975; 40 FR 29541, July 14, 1975; 40 FR 40160, Sept. 2, 1975; 51 FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989] § 52.928 Control strategy: Sulfur oxides. top The revised SO2 emission limit for large coal-fired boilers in Bell, Clark, and Woodford Counties, submitted on June 29, 1979, is disapproved since it does not provide for attainment and maintenance of all SO2 NAAQS. The limit approved by EPA on May 10, 1976 (41 FR 19105), remains the limit applicable to these sources. [49 FR 11091, Mar. 23, 1984] § 52.929 [Reserved] top § 52.930 Control strategy: Ozone. top (a) The VOC bubble for Alcan Foil Products in Louisville submitted as a SIP revision on March 3, 1986, is disapproved. The source must continue to meet all the requirements of Jefferson County Regulation 6.29. (b) Part D—disapproval—(1) Campbell and Kenton Counties nonattainment area. The 1979 SIP revisions for these two counties are disapproved because the Commonwealth failed to submit evidence of legal authority to implement a vehicle inspection and maintenance program as required under section 172(b)(11)(B) of the Clean Air Act. No major new or modified sources of volatile organic compounds can be built in these two counties by virtue of the provisions of section 110(a)(2)(l) of the Clean Air Act. (2) Northern Kentucky (Boone, Campbell and Kenton Counties) ozone nonattainment area. The demonstration of attainment of the ozone standards by the end of 1982, submitted as part of Kentucky's ozone SIP revision on June 23, 1982, (draft), September 27, 1982, and November 3, 1982, is disapproved. As a result, the extension of the attainment deadline until December 31, 1987, remains in effect, along with the related requirement to submit a SIP revision addressing all requirements of Part D extension areas. (c) The redesignation request submitted by the Commonwealth of Kentucky, on November 11, 1994, for the Kentucky portion of the Cincinnati-Northern Kentucky moderate interstate ozone nonattainment area from nonattainment to attainment was disapproved on September 27, 1996. (d) Kentucky's November 15, 1996, request for a 1-year attainment date extension for the Kentucky portion of the Cincinnati-Hamilton metropolitan moderate ozone nonattainment area which consists of Kenton, Boone, and Campbell Counties is approved. The date for attaining the ozone standard in these counties is November 15, 1997. (e) Kentucky's November 15, 1996, request for a 1-year attainment date extension for the Kentucky portion of the Louisville moderate ozone nonattainment area which consists of Jefferson County and parts of Bullitt and Oldham Counties is approved. The date for attaining the ozone standard in these counties is November 15, 1997. (f) Kentucky's January 7, 1998, request for a 1-year attainment date extension for the Kentucky portion of the Cincinnati-Hamilton metropolitan moderate ozone nonattainment area which consists of Kenton, Boone, and Campbell Counties is approved. The date for attaining the ozone standard in these counties is November 15, 1998. (g) The redesignation request submitted by the Commonwealth of Kentucky, on October 29, 1999, for the Kentucky portion of the Cincinnati-Hamilton moderate interstate ozone nonattainment area from nonattainment to attainment was approved on July 5, 2000. The mobile source budgets for the Kentucky portion of the area for the purposes of transportation conformity are now 5.83 tons per summer day of volatile organic compounds and 15.13 tons per summer day of nitrogen oxides for the year 2010. (h) Determination—EPA is determining that as of July 5, 2000, the Kentucky portion of the Cincinnati-Hamilton ozone nonattainment area (which includes the Counties of Boone, Kenton, and Campbell) has attained the 1-hour ozone standard and that the attainment demonstration requirements of section 182(b)(1), 182(j), and 172(c)(1), along with the section 172(c)(9) contingency measure requirements, do not apply to the area. (i) Approval—EPA is approving an exemption from the requirements contained in section 182(f) of the Clean Air Act. This approval exempts Boone, Kenton, and Campbell counties in Kentucky from the NOX related general conformity provisions; nonattainment NSR for new sources and modifications that are major for NOX; NOX RACT; and the requirement for a demonstration of compliance with the enhanced I/M performance standard for NOX. (j) [Reservd] (k) The redesignation request submitted by the Commonwealth of Kentucky, on March 30, 2001, and supplemented on July 9, 2001, for the Kentucky portion of the Louisville moderate interstate ozone nonattainment area from nonattainment to attainment was approved on October 23, 2001. The motor vehicle emissions budgets for VOC and NOX in the Kentucky portion of the Louisville moderate interstate maintenance plan are adequate for conformity purposes and approvable as part of the maintenance plan. The 1-hour ozone standard maintenance plan motor vehicle emission budgets for the entire interstate Louisville area for the purposes of transportation conformity are now 48.17 tons per summer day of VOC and 92.93 tons per summer day of NOX for the year 2012. [46 FR 58082, Nov. 30, 1981, as amended at 48 FR 13169, Mar. 30, 1983; 51 FR 10210, Mar. 25, 1986; 54 FR 10983, Mar. 16, 1989; 60 FR 32469, June 22, 1995; 60 FR 40101, Aug. 7, 1995; 61 FR 50720, Sept. 27, 1996; 62 FR 28637, May 27, 1997; 62 FR 40281, July 28, 1997; 62 FR 55176, Oct. 23, 1997; 62 FR 61246, Nov. 17, 1997; 63 FR 14625, Mar. 26, 1998; 65 FR 37898, June 19, 2000; 66 FR 53685, Oct. 23, 2001] § 52.931 Significant deterioration of air quality. top (a) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 (b) through (w) are hereby incorporated and made a part of the applicable state plan for the State of Kentucky only as they apply to permits issued pursuant to §52.21 prior to final approval of Kentucky's Regulation for Prevention of Significant Deterioration (PSD), Visibility Monitoring, and Visibility New Source Review in Attainment Areas. The provisions of §52.21 (b) through (w) are rescinded for permits issued after final approval of Kentucky's Regulation for Prevention of Significant Deterioration (PSD), Visibility Monitoring, and Visibility New Source Review in Attainment Areas. (b) The Commonwealth of Kentucky has committed to revising the state's regulations accordingly when EPA amends the federal vessel emissions provisions contained in 40 CFR 51.166. In a letter dated October 17, 1986, Kentucky stated: As requested, the Division of Air Pollution Control hereby commits to changing the definition of “building, structure, facility, or installation,” and any other applicable definitions, when the issue of vessel emissions is resolved at the federal level, and after the federal regulation, 40 CFR 51.24, is amended. (c) In a letter dated May 3, 1988, EPA informed Kentucky that the following caveat must be included in all potentially affected permits due to a decision of the U.S. Court of Appeals for the District of Columbia Circuit (NRDC v. Thomas, 838 F.2d 1224): In approving this permit, the Kentucky Division for Air Quality has determined that the application complies with the applicable provisions of the stack height regulations as revised by the EPA on July 8, 1985 (50 FR 27892). Portions of the regulations have been remanded by a panel of the U.S. Court of Appeals for the D.C. Circuit in NRDC v. Thomas, 838 F.2d 1224 (D.C. Cir. 1988). Consequently, this permit may be subject to modification if and when the EPA revises the regulation in response to the court decision. This may result in revised emission limitations or may affect other actions taken by the source owners or operators. Kentucky responded with a letter dated May 11, 1988, stating in part: This is in response to your letter dated May 3, 1988 * * *. As requested by your letter, the Kentucky Division for Air Quality agrees to include the condition set forth in your letter, in all potentially affected permits issued under regulation 401 KAR 51:017 or 401 KAR 51:052. Therefore, we request that you consider this letter as our commitment that the required caveat will be included in all potentially affected permits * * *. [54 FR 36311, Sept. 1, 1989] § 52.932 Rules and regulations. top (a) The last sentence of section 3(1) of Kentucky regulation 401 KAR 3:050, which specifies that a new fossil fuel fired steam electric generator's allowable SO2 emissions may be calculated by averaging SO2 emissions from existing units of this type and from new ones, is disapproved since it contravenes subpart D of 40 CFR part 60, New Source Performance Standards. (b) Section 8(2)(a) of regulation 401 KAR 61:015 is disapproved in that it allows the Tennessee Valley Authority's Shawnee power plant until October 1, 1981, to achieve compliance with emissions limits which are not made more stringent by the 1979 Part D revisions, and which the source was previously required to meet by July 1, 1977. (c) Section 8(2)(d) of regulation 401 KAR 61:015 is disapproved in that it allows sources until December 31, 1982, to achieve compliance with emission limits which are not made more stringent by the 1979 Part D revisions, and which the sources were previously required to meet prior to 1979. [41 FR 19106, May 10, 1976, as amended at 46 FR 40188, Aug. 7, 1981] § 52.933 Control Strategy: Sulfur oxides and particulate matter. top In a letter dated March 27, 1987, the Kentucky Department for Natural Resources and Environmental Protection certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to: Big Rivers-Green #1 & 2, Kentucky Utilities-Ghent #3 & 4, and Ashland Oil, Inc.-Catlettsburg. [54 FR 23478, June 1, 1989] § 52.934 VOC rule deficiency correction. top (a) Sections 1.02, 1.08, 6.12, 6.13, 6.16, 6.18, 6.19, 6.23, 6.29, 6.30, 6.31, 6.32, 6.33, 6.34, 6.35, 7.11, 7.12, 7.16, 7.18, 7.19, 7.23, 7.52, 7.56, 7.57, 7.58, 7.59, 7.60 and 7.61 of the Jefferson County portion of the Commonwealth of Kentucky SIP are being approved. The Commonwealth submitted these regulations to EPA for approval on February 12, 1992. These sections were intended to correct deficiencies cited in a letter calling for the Commonwealth to revise its SIP for ozone from Greer C. Tidwell, the EPA Regional Administrator, to Governor Wallace G. Wilkinson on May 26, 1988, and clarified in a letter from Winston A. Smith, Air, Pesticides & Toxics Management Division Director, to William C. Eddins, Director of the Commonwealth of Kentucky Division for Air Quality. (b) Sections 1.05, 1.06, 6.17, 6.36, 6.37, and 6.40 of the Jefferson County portion of the Commonwealth of Kentucky SIP are being approved. The Commonwealth submitted these regulations to EPA for approval on March 4, 1993. These sections were intended to correct deficiencies cited in a letter calling for the Commonwealth to revise its SIP for ozone from Greer C. Tidwell, the EPA Regional Administrator, to Governor Wallace G. Wilkinson on May 26, 1988, and clarified in a letter from Winston A. Smith, Air, Pesticides & Toxics Management Division Director, to William C. Eddins, Director of the Commonwealth of Kentucky Division for Air Quality. (c) Deficiencies in 1.12 Emissions Trading, however, have not been corrected. The above deficiencies must be corrected according to the letters mentioned above, the proposed post-1987 ozone policy (52 FR 45044), and other EPA guideline relating to the deficiencies before the SIP for ozone can be fully approved. [59 FR 32352, June 23, 1994] § 52.935 PM10 State implementation plan development in group II areas. top On July 7, 1988, the State submitted a committal SIP for the cities of Ashland and Catlettsburg in Boyd County. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681. The SIP commits the State to submit an emissions inventory, continue to monitor for PM10, report data and to submit a full SIP if a violation of the PM10 National Ambient Air Quality Standards is detected. [55 FR 4172, Feb. 7, 1990] § 52.936 Visibility protection. top (a) The requirements of Section 169A of the Clean Air Act are not met because the plan does not include approvable procedures meeting the requirements of 40 CFR 51.307 (b) and (c) for protection of visibility in mandatory Class I Federal areas from sources in nonattainment areas. (b) Regulations for visibility monitoring and new source review. The provisions of §52.28 are hereby incorporated and made part of the applicable plan for the State of Kentucky. [54 FR 36311, Sept. 1, 1989] § 52.937 Review of new sources and modifications. top (a) Approval—EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT) exemption request submitted by the Kentucky Department for Environmental Protection on August 16, 1994, for the Kentucky portion of the Huntington-Ashland ozone (O3) moderate nonattainment area. This approval exempts this area from implementing NOX RACT on major sources of NOX. If a violation of the O3 NAAQS occurs in the area, the exemption from the requirement of section 182(f) of the CAA in the applicable area shall not apply. (b) Approval—EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT) exemption for the Kentucky portion of the Cincinnati-Hamilton ozone (O3) moderate nonattainment area. This approval exempts this area from implementing NOX RACT on major sources of NOX. [60 FR 21717, May 3, 1995, as amended at 65 FR 37898, June 19, 2000] § 52.938 General conformity. top The General Conformity regulations were submitted on November 10, 1995, and adopted into the Kentucky State Implementation Plan (SIP). The Commonwealth of Kentucky incorporated by reference regulations 40 CFR part 51, subpart W—determining conformity of General Federal Actions to State or Federal Implementation Plans. [63 FR 40046, July 27, 1998] § 52.939 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the Commonwealth Kentucky” and all revisions submitted by Kentucky that were federally approved prior to March 1, 1999. (b) The plan was officially submitted on February 8, 1972, and was resubmitted on December 5, 1973. (c) The plan revisions listed below were submitted on the dates specified. (1) Clarifying comments on the plan submitted on March 6, 1972, by the Kentucky Air Pollution Control Office. (2) Chapters IV and V, Control Strategies, and Chapter VII, Emission Control Regulations, submitted on March 17, 1972, by the Kentucky Air Pollution Control Office. (3) Summary letter of Kentucky Air Pollution Control Commission and Regional Office meeting with attachments submitted May 3, 1972, by the Kentucky Air Pollution Control Office. (4) Letter requesting delegation of authority and offering justification for a two-year extension for attainment of the sulfur dioxide primary standard submitted on June 7, 1972, by the Governor. (5) Indirect source Regulation AP–11 and compliance schedules submitted on December 5, 1973, by the Governor. (6) Compliance schedules submitted on February 15, 1974, by the Kentucky Department for Natural Resources and Environmental Protection. (7) Compliance schedules submitted on April 23, 1974, by the Kentucky Department for Natural Resources and Environmental Protection. (8) Clarifying comments submitted on May 21, 1974, by the Kentucky Department for Natural Resources and Environmental Protection. (9) AQMA material submitted on January 6, 1975, by the Kentucky Department for Natural Resources and Environmental Protection. (10) Revised body of air pollution control regulations and revised control strategies submitted respectively on August 29 and September 16, 1975, by the Kentucky Department for Natural Resources and Environmental Protection. (11) Letters requesting delegation of Federal authority for the administrative and technical portions of the Prevention of Significant Deterioration program were submitted on May 5 and June 13, 1976 by the Secretary of the Department for Natural Resources and Environmental protection. (12) 1979 revisions for Part D requirements for ozone nonattainment areas, submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection. (13) 1979 revisions for Part D requirements for sulfur dioxide nonattainment areas (Boyd, Jefferson, McCracken, Muhlenberg, and Webster Counties), submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection. (14) 1979 revisions for Part D requirements for total suspended particulate nonattainment areas (Bell, Boyd, Jefferson, McCracken and Muhlenberg counties, that portion of Bullit County in Shepherdsville, that portion of Campbell County in Newport, that portion of Daviess County in Owensboro, those portions of Henderson County in and around Henderson, that portion of Lawrence County in Louisa, that portion of Madison County in Richmond, that portion of Perry County in Hazard, that portion of Pike County in Pikeville, and that portion of Whitley County in Corbin) submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection. (15) Revision to the State Implementation Plan for a bubble action at the Kentucky Utilities—Green River Station was submitted on December 1, 1980. (16) Corrections in 1979 ozone revisions required by conditional approval of January 25, 1980, submitted on May 18, 1980 (letter on oil-water effluent separators), September 22, 1980 (Jefferson County I/M ordinance and schedule), November 19, 1980 (Jefferson County transportation related commitments), and on January 8, 1981 (changes in Jefferson County I/M schedule), by the Kentucky Department for Natural Resources and Environmental Protection. (17) 1979 Revisions for Part D requirements for the Jefferson County carbon monoxide nonattainment area, submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection. Additional materials to correct the deficiencies noted in the November 15, 1979 proposed conditional approval were submitted as SIP revisions on September 22, 1980, November 19, 1980, and January 8, 1981, as noted in the preceding paragraph. (18) Air quality surveillance plan submitted on November 15, 1979, by the Kentucky Department for Natural Resources and Environmental Protection. (19) Revision to the State Implementation Plan for a bubble action at Corning Glassworks, Danville, Kentucky was submitted on May 18, 1981, by the Kentucky Department for Natural Resources and Environmental Protection. (20) Revision to the State Implementation Plan for a bubble action at National Distillers Company's Old Crow Plant in Woodford County, submitted on December 24, 1980, by the Kentucky Department for Natural Resources and Environmental Protection. (21) Boone County Inspection/Maintenance ordinance and transportation control measures for Boone, Campbell, and Kenton Counties, submitted on November 19, 1980, by the Kentucky Department for Natural Resources and Environmental Protection. (22) Set II VOC regulations, submitted on February 5, 1981, and September 24, 1982, by the Kentucky Department for Environmental Protection. (23) Implementation plan for lead, submitted on May 7, 1980, by the Kentucky Department for Natural Resources and Environmental Protection. (24) Provision for permit and exemption fees, submitted on June 10, 1981, by the Kentucky Department for Natural Resources and Environmental Protection. (25) Provisions for public notifications and participation pursuant to section 127(a) of the Clean Air Act, submitted on April 8, 1980, by the Kentucky Department for Natural Resources and Environmental Protection. (26) Revision to the State Implementation Plan for a bubble action at General Electric, Louisville, Kentucky, submitted on August 7, 1981, by the Kentucky Department for Natural Resources and Environmental Protection. (27) Revised Boone County Inspection/Maintenance schedule submitted on October 9, 1981 by the Kentucky Department for Natural Resources and Environmental Protection. (28) Addition to Appendix N of Jefferson County Regulation 6.28, Standard of Performance for Existing Hot Air Aluminum Atomization Processes, submitted on May 18, 1981, by the Kentucky Department for Natural Resources and Environmental Protection. (29) Revision of Appendix N, Jefferson County Regulation 6.35, Standard of Performance for Existing Fabric, Vinyl and Paper Surface Coating Operations, submitted on November 17, 1981, by the Kentucky Department for Natural Resources and Environmental Protection. (30) Jefferson County Set II VOC regulations for new/existing affected facilities, submitted on October 20, 1981, by the Kentucky Department for Natural Resources and Environmental Protection. (31) Miscellaneous non-Part D revisions, submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection. (32) Revision to the State Implementation Plan for a bubble action at Borden Chemical Co., Jefferson County, Kentucky, received by EPA from the Kentucky Department for Natural Resources and Environmental Protection on March 5, 1982. (33) Addition of Kentucky Regulation 401 KAR 61:165, section 5, Particulate Standard for Existing Primary Aluminum Reduction Plants, submitted on March 4, 1982, by the Kentucky Department for Natural Resources and Environmental Protection. (34) [Reserved] (35) Corrections in 1979 Part D revisions for sulfur dioxide nonattainment area (Boyd County), submitted on September 24, 1982, by the Kentucky Natural Resources and Environmental Protection Cabinet. (36) Variance for seven per-chloroethylene dry cleaners, submitted on August 4, 1982, by the Kentucky Department for Environmental Protection. (37) Variances for two dry cleaners, submitted on January 27, 1983, by the Kentucky Department for Environmental Protection. (38) Revised SO2 limit for large coal-fired boilers in Pulaski County, submitted on June 29, 1979, by the Kentucky Department for Natural Resources and Environmental Protection. (39)–(40) [Reserved] (41) Revisions to Appendix N, submitted July 19, 1982 and March 21, 1983, by the Kentucky Department for Environmental Protection. (42) Regulation 401 KAR 61:070, Existing Ferroally Production Facilities, for the Marshall County Part D TSP area, submitted on June 29, 1979, by the Kentucky Department for Environmental Protection. (43) 1982 revisions to the Part D plan for the Jefferson County ozone and carbon monoxide nonattainment area, submitted by the Kentucky Natural Resources and Environmental Protection Cabinet on February 9, June 15, September 12, November 21, and December 9, 1983. (44) Variances for two dry cleaners, Jiffy The Cleaners and Hiland Cleaners, submitted on April 25, 1984, by the Kentucky Natural Resources Environmental Protection Cabinet. (45) Corrections in the Part D TSP SIP and other revisions submitted on December 9, 1982, and May 1, 1984, by the Kentucky Department for Environmental Protection. (i) Incorporation by reference. (A) Revisions in regulations 401 KAR— 50:010, Definitions and Abbreviations; 50:055, General Compliance Requirements; 61:005, General Provisions; 61:015, Existing Indirect Heat Exchangers; 61:075, Steel Plants and Foundries Using Existing Electric Arc Furnaces; 61:080, Steel Plants Using Existing Basic Oxygen Process Furnaces; 61:140, Existing By-Product Coke Manufacturing Plants; and 61:170, Existing Blast Furnace Casthouses. The changes in these regulations were effective September 22, 1982 (50:055), December 1, 1982 (50:010, 61:005, 61:015, 61:075, and 61:140), and April 1, 1984 (61:080 and 61:170). No action is taken on the definition of “volatile organic compounds”in 401 KAR 50:010. (ii) Other material. None. (46) Kentucky regulation 401 KAR 51:017, Prevention of significant deterioration of air quality, and Kentucky's State Implementation Plan Revision for the Protection of Visibility for the Commonwealth of Kentucky pursuant to 40 CFR part 51, subpart P, submitted on February 20, 1986, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Kentucky regulation 401 KAR 51:017, Prevention of significant deterioration of air quality, which became State-effective on February 4, 1986. (ii) Other material. (A) Kentucky's State Implementation Revision for the Protection of Visibility for the Commonwealth of Kentucky, pursuant to 40 CFR part 51, subpart P, which became State-effective on February 4, 1986. (47) Stack height regulations were submitted to EPA on July 15, 1986, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Regulation 401 KAR 50:042, which became effective on June 10, 1986. (ii) Other material—none. (48) Revisions to the I/M portions of the carbon monoxide and ozone Part D plans for Jefferson County, submitted by the Kentucky Natural Resources and Environmental Protection Cabinet on February 18, 1986. (i) Incorporation by reference. (A) A revised Regulation 8, Vehicle Exhaust Testing Requirements of the rules of the Air Pollution Control District of Jefferson County which was adopted on September 18, 1985. (ii) Other materials—none. (49) A revision to the Kentucky SIP for Tennessee Valley Authority Paradise Steam Plant pursuant to the procedures specified in Kentucky regulation 401 KAR 61:015, section 3 was submitted on June 29, 1987, by the Kentucky Natural Resources and Environmental Protection Cabinet. The revised SO2 limits are contained in Permit Number 0–87–012, issued on June 29, 1987. (i) Incorporation by reference. (A) Permit Number 0–87–012, issued by the Kentucky Natural Resources and Protection Cabinet on June 29, 1987. (ii) Other material. (A) Letter of June 27, 1987 from the Kentucky Natural Resources and Environmental Protection Cabinet. (50) A revision in Kentucky regulation 401 KAR 61:140, Existing by-product coke manufacturing plants, submitted on September 19, 1986, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) A revision to Division of Air Pollution regulation 401 Kentucky Administrative Regulations (KAR) 61:140, Existing by-product coke manufacturing plants, which became effective on September 4, 1986. (B) Letter of September 19, 1986 from the Commonwealth of Kentucky to EPA. (51) Revisions to the I/M portions of the carbon monoxide and ozone Part D plans for Jefferson County, submitted by the Kentucky Natural Resources and Environmental Protection Cabinet on March 20, 1987. (i) Incorporation by reference. (A) A revised Regulation 8, Vehicle Exhaust Testing Requirements; of the rules of the Air Pollution Control District of Jefferson County which was adopted on December 17, 1986. (B) March 2, 1987 letter to EPA from Jefferson County. (ii) Additional materials. None. (52) Kentucky Plan for the “Protection of Visibility in Class I Areas (PART II)” submitted to EPA on August 31, 1987, by the Kentucky Department for Environmental Protection (KDEP) to satisfy the Part 2 visibility requirements. (i) Incorporation by reference. (A) June 8, 1988, letter from the Kentucky Natural Resources and Environmental Protection Cabinet, October 9, 1987, clarification letter from the Kentucky Natural Resources and Environmental Protection Cabinet, and page 8 of the Kentucky plan for the protection of visibility in Class I areas (PART II) containing the periodic review requirements satisfying 40 CFR 51.306(c), adopted on August 31, 1987. (ii) Additional material. (A) Narrative entitled “The Kentucky Plan for the Protection of Visibility in Class I Areas (PART II).” (53) Revisions to Kentucky regulation 401 KAR 50:015, Documents incorporated by reference, submitted by the Kentucky Natural Resources and Environmental Protection Cabinet on March 23, 1987. (i) Incorporation by reference. (A) Revisions to Kentucky regulation 401 KAR 50:015, Documents incorporated by reference which became State-effective on February 10, 1987. (B) Letter of March 23, 1987, from the Kentucky Natural Resources and Environmental Protection Cabinet transmitting the foregoing revisions. (ii) Additional material. None. (54) An opacity variance for boiler Units 1 and 2 of Tennessee Valley Authority's (TVA's) Paradise Steam Plant, submitted on August 6, 1986, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Permit No. 0–86–75, for the TVA Paradise Steam Plant, issued by the Kentucky Natural Resources and Environmental Protection Cabinet on July 24, 1986. (B) Letter of August 6, 1986, from the Kentucky Natural Resources and Environmental Protection Cabinet. (ii) Other material—none. (55) Revisions to Jefferson County, Kentucky Regulation 2.08, Permit Fees and Renewal, submitted on March 20, 1987, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Revisions to Jefferson County, Kentucky Regulation 2.08, Permit Fees and Renewal, which became State-effective on December 17, 1986. (B) Letter of March 20, 1987, from the Kentucky Natural Resources and Environmental Protection Cabinet. (ii) Other material—none. (56) A revision to Kentucky Regulation 401 KAR 51:017, Prevention of Significant Deterioration of Air Quality, submitted on February 9, 1988, by the Kentucky Natural Resources and Environmental Protection Cabinet. The revision to section 12(1)(e) replaces the reference to Regulation 401 KAR 51:052 with a reference to 40 CFR part 51, Appendix S, section IV. This revision became State-effective on December 11, 1987. (i) Incorporation by reference. (A) Kentucky Regulation 401 KAR 51:017, Prevention of Significant Deterioration of Air Quality, section 12(1)(e), which became State-effective on December 11, 1987. (ii) Other material. (A) Letter of February 9, 1988, from the Kentucky Natural Resources and Environmental Protection Cabinet. (57) Jefferson County Air Pollution Control District Regulation 6.38 was submitted to EPA on March 20, 1987 by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Jefferson County Air Pollution Control District Regulation 6.38, “Standards of performance for existing air oxidation processes in the synthetic organic chemical manufacturing industry”, which became effective December 17, 1986. (B) Letter of March 20, 1987, from the Kentucky Natural Resources and Environmental Protection Cabinet. (ii) Other materials—none. (58) Jefferson County Air Pollution Control District Regulation 6.39 was submitted to EPA on March 20, 1987, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Jefferson County Air Pollution Control District Regulation 6.39, “Standard of performance for equipment leaks of volatile organic compounds in existing synthetic organic chemical and polymer manufacturing plants”, which became effective December 17, 1986. (B) March 20, 1987, letter from the Kentucky Natural Resources and Environmental Protection Cabinet. (ii) Other materials—none. (59) Revision to Jefferson County Regulations 3.05, Methods of Measurement submitted on January 19, 1989, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Revisions to the Jefferson County Regulations, 3.05. Methods of Measurement. This revision became State-effective April 20, 1988. (ii) Other material. (A) Letter of January 19, 1989, from the Kentucky Natural Resources and Environmental Protection Cabinet. (60) Corrections in Part D TSP SIP and other revisions submitted on September 19, 1986, by the Kentucky Department for Environmental Protection. The removal of these last two conditions renders the Kentucky's Part D SIP for TSP fully approved. (i) Incorporation by reference. (A) Revisions in Regulation 401 KAR— 50:015. Documents Incorporated by Reference. Section 1. Code of Federal Regulations, Section 3. American Society for Testing and Materials, Section 8. Kentucky Division of Air Pollution, Section 10. American Public Health Association, and Section 11. Availability. 59:010. New process operations. Section 1. Applicability, Section 2. Definitions, Section 3. Standard for Particulate Matter, and Section 4. Test Methods and Procedures. 61:020. Existing process operations. Section 1. Applicability Section 2. Definitions; Section 3. Standard for Particulate Matter, and Section 4. Test Methods and Procedures. These changes were effective September 4, 1986. (B) Letter of September 19, 1986, from the Kentucky Natural Resources and Environmental Protection Cabinet to EPA. (ii) Other material—none. (61) Revisions in Regulations 5.01, 6.12, 6.19, 6.22, 6.29, 6.30, 6.31, 6.32, 6.33, 6.34, and 6.35 of the Jefferson County portion of Kentucky's SIP were submitted on January 19, 1989, by Kentucky's Natural Resources Division and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Amendments to the Jefferson County Regulations 5.01, 6.12, 6.19, 6.22, 6.29, 6.30, 6.31, 6.32, 6.33, 6.34, and 6.35 adopted on April 20, 1988. (B) Letter of January 19, 1989, from Kentucky's Natural Resources and Environmental Protection Cabinet. (ii) Other materials-none. (62) Revision to Kentucky Regulation 401 KAR 50:015, Documents incorporated by reference submitted on February 9, 1989, by the Kentucky Natural Resources and Environmental Protection Cabinet. Section 5(1)(a) was amended to incorporate by reference Supplement A to the Guideline on Air Quality Models (Revised), July 1987. Supplement A became effective February 5, 1988. Section 12(4) was amended to reflect the current phone number for the Florence Regional Office. The revisions to 50:015 became state effective October 26, 1988. (i) Incorporation by reference. (A) Kentucky Regulation 401 KAR 50:015, Documents incorporated by reference, Section 12(4) was amended on October 26, 1988. (B) Supplement A to the Guideline on Air Quality Models EPA–450/2–78–027R that became effective February 5, 1988. (ii) Other material. (A) Letter of February 9, 1989, from the Kentucky Natural Resources and Environmental Protection Cabinet. (63) Revisions to Kentucky Regulations 401 KAR 50:010, Definitions and abbreviations and 401 KAR 51:017, Prevention of Significant Deterioration of Air Quality, submitted on December 29, 1986, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Revisions in Kentucky Regulations are as follows. 401 KAR 50:010, Definitions and abbreviations section 1(49), and 401 KAR 51:017 Prevention of Significant Deterioration of Air Quality, Section 8(3). These revisions were state effective December 2, 1986. (ii) Other material. (A) Letter of February 9, 1988, from the Kentucky Natural Resources and Environmental Protection Cabinet. (64) Revisions to Jefferson County Regulation 4, Emergency Episode submitted on January 19, 1989 and July 12, 1989, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Revisions to the following Jefferson County Regulation. (1) Regulation 4, except Regulation 4.02, effective February 16, 1983. (2) Regulation 4.02 Episode Criteria effective April 20, 1988. (ii) Other material. (A) Letters of January 19, 1989 and July 12, 1989, from the Kentucky Natural Resources and Environmental Protection Cabinet. (65) Addition of Jefferson County Regulation 2.05, Prevention of Significant Deterioration of Air Quality, submitted on August 2, 1989, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Jefferson County Regulation 2.05, Prevention of Significant Deterioration of Air Quality. This regulation became effective April 19, 1989. (ii) Other material. (A) August 2, 1989, letter from the Natural Resources and Environmental Protection Cabinet. (66) On July 7, 1988, revisions to Kentucky's State Implementation Plan for PM10 were submitted by the Kentucky Natural Resources and Environmental Protection Cabinet. The submittal included a committal SIP. EPA is taking no action on 401 KAR 51:052, Review of new sources in or impacting upon non-attainment areas. (i) Incorporation by reference. (A) The following revisions to 401 KAR were effective April 14, 1988: (1) 50:010. Definitions and abbreviations: Section 1. Definitions and section 2. Abbreviations. (2) 50:015. Documents incorporated by reference: Sections 1, 3, and 11. (3) 50:035. Permits. (4) 51:010. Attainment status designations: Section 1(1) and Appendices A and B. (5) 51:017. Prevention of significant deterioration of air quality: Section 8(4) (e) and (f), section 8(9), section 12(1) (f) and (g), and Appendices A, B, C, and D. (6) 53:005. General provisions: Section 3(2). (7) 53:010. Ambient air quality standards: Appendix A. (8) 55:005. Significant harm criteria. (9) 55:010. Episode criteria: Headings and Appendix A. (10) 59:010. New process operations: Section 3(1) (b) and (c). (11) 61:020. Existing process operations: Section 3(1)(b). (12) 61:170. Existing blast furnace casthouses: Necessity and function paragraph and section 2(3). (ii) Other material. (A) Letter of December 7, 1987, from the Kentucky Natural Resources and Environmental Protection Cabinet. (B) Letter of July 7, 1988, from the Kentucky Natural Resources and Environmental Protection Cabinet. (C) Letter of January 23, 1989, from the Kentucky Natural Resources and Environmental Protection Cabinet. (67) Operating permits for nine presses at the Alcan Foil Products facility located in Louisville were submitted to EPA on July 28, 1989 by the Commonwealth of Kentucky. (i) Incorporation by reference. (A) Alcan Foil Products operating permit numbers 103–74, 104–74, 105–74, 106–74, 110–74, and 111–74 which became State-effective on February 28, 1990. (ii) Other material. (A) Letter of July 28, 1989, from the Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet. (68) Revisions to the Commonwealth of Kentucky State Implementation Plan (SIP) concerning Jefferson County Volatile Organic Compounds were submitted on February 12, 1992 by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Revisions to the following Jefferson County Regulations were effective May 15, 1991. (1) Regulation 1.02 Definitions: (45), (61), (62), and (91). (2) Regulation 1.08 Administrative Procedures: Subsections 1.1.1, 1.1.3, 2.2.7, 2.3, and 2.5, Section 3.0 closing paragraph, and Subsections 4.6, 8.1 and 8.4. (3) Regulation 6.12 Standard of Performance for Existing Asphalt Paving Operations: Sections 1.0 and 5.0. (4) Regulation 6.13 Standard of Performance for Existing Storage Vessels for Volatile Organic Compounds. (5) Regulation 6.16 Standard of Performance for Existing Large Appliance Surface Coating Operations. (6) Regulation 6.18 Standards of Performance for Existing Solvent Metal Cleaning Equipment. (7) Regulation 6.19 Standard of Performance for Existing Metal Furniture Surface Coating Operations. (8) Regulation 6.23 Standard of Performance for Existing Dry Cleaning Facilities: Section 1.0 and Subsection 4.3. (9) Regulation 6.29 Standard of Performance for Existing Graphic Arts Facilities Using Rotogravure and Flexography. (10) Regulation 6.30 Standard of Performance for Existing Factory Surface Coating Operations of Flat Wood Paneling. (11) Regulation 6.31 Standard of Performance for Existing Miscellaneous Metal Parts and Products Surface Coating Operations. (12) Regulation 6.32 Standard of Performance for Leaks from Existing Petroleum Refinery Equipment. (13) Regulation 6.33 Standard of Performance for Existing Synthesized Pharmaceutical Product Manufacturing Operations. (14) Regulation 6.34 Standard of Performance for Existing Pneumatic Rubber Tire Manufacturing Plants. (15) Regulation 6.35 Standard of Performance for Existing Fabric, Vinyl and Paper Surface Coating Operations. (16) Regulation 7.11 Standard of Performance for New Asphalt Paving Operations: Sections 1.0, 6.0, and 7.0. (17) Regulation 7.12 Standard of Performance for New Storage Vessels for Volatile Organic Compounds: Section 1.0, Subsections 2.10, 5.3.2, 5.3.3, and 5.4, and Section 8.0. (18) Regulation 7.16 Standard of Performance for New Large Appliance Surface Coating Operations: Section 1.0, Subsections 2.3, 4.2, 4.4, 5.3 and 5.4, and Sections 6.0 and 7.0. (19) Regulation 7.18 Standards of Performance for New Solvent Metal Cleaning Equipment: Section 1.0 and Subsection 2.4. (20) Regulation 7.19 Standard of Performance for New Metal Furniture Surface Coating Operations: Section 1.0, Subsections 2.3, 4.3, 4.5.1, 5.2, and Sections 6.0 and 7.0. (21) Regulation 7.23 Standard of Performance for New Perchloroethylene Dry Cleaning Facilities: Section 1.0 and Subsection 4.5. (22) Regulation 7.52 Standard of Performance for New Fabric, Vinyl, and Paper Surface Coating Operations: Section 1.0, Subsections 2.3, 2.12, 4.1, 4.3, 4.5.1, and 5.3, and Section 6.0. (23) Regulation 7.56 Standard of Performance for Leaks from New Petroleum Refinery Equipment: Subsection 2.4 and 2.6, and Section 7.0. (24) Regulation 7.57 Standard of Performance for New Graphic Arts Facilities Using Rotogravure and Flexography: Section 1.0, Subsections 2.8, 4.2, 4.4.1, and 5.2, and Sections 6.0, 7.0, and 8.0. (25) Regulation 7.58 Standard of Performance for New Factory Surface Coating Operations of Flat Wood Paneling: Section 1.0, Subsection 2.5, 4.4.1, and 5.4, and Section 6.0. (26) Regulation 7.59 Standard of Performance for New Miscellaneous Metal Parts and Products Surface Coating Operations: Section 1.0, Subsections 2.2, 2.4, 2.5, 2.8.7, 4.3, 4.5.1, 5.1.1, 5.1.2, 5.1.4, 5.2, and 5.4, and Sections 6.0 and 7.0. (27) Regulation 7.60 Standard of Performance for New Synthesized Pharmaceutical Product Manufacturing Operations: Section 1.0 and Section 2.0. (28) Regulation 7.61 Standard of Performance for New Pneumatic Rubber Tire Manufacturing Plants: Section 1.0, Subsections 2.2, 2.3, 2.4, 2.5, 2.6, and 2.7, and Section 3.0. (ii) Other material. (A) Letter dated February 12, 1992, from the Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet. (69) Revisions to the Commonwealth of Kentucky State Implementation Plan (SIP) concerning the Commonwealth and Jefferson County, Kentucky for Volatile Organic Compounds were submitted on October 20, 1992, February 17, 1993, and March 4, 1993, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Revisions to the following Jefferson County Regulations were effective November 18, 1992. (1) Regulation 1.05. Compliance with Emission Standards and Maintenance Requirements. (2) Regulation 1.06. Source Self-Monitoring and Reporting. (3) Regulation 6.17. Standard of Performance for Existing Automobile and Truck Surface Coating Operations. (4) Regulation 6.36. Standard of Performance for Existing Metal Parts and Products Surface Coating Operations at Heavy Duty Truck Manufacturing Plants. (B) Revisions to the following Commonwealth of Kentucky Regulations were effective June 24, 1992. (1) Regulation 401 KAR 50:010. Definitions and abbreviations of terms used in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65. (2) Regulation 401 KAR 50:012. General application. (3) Regulation 401 KAR 50:047. Test procedures for capture efficiency. (4) Regulation 401 KAR 51:001. Definitions and abbreviations of terms used in Title 401, Chapter 51. (5) Regulation 401 KAR 59:001. Definitions and abbreviations of terms used in Title 401, Chapter 59. (6) Regulation 401 KAR 59:185. New solvent metal cleaning equipment. (7) Regulation 401 KAR 59:190. New insulation of magnet wire operations. (8) Regulation 401 KAR 59:210. New fabric, vinyl and paper surface coating operations. (9) Regulation 401 KAR 59:212. New graphic arts facilities using rotogravure and flexography. (10) Regulation 401 KAR 59:214. New factory surface coating operations of flat wood paneling. (11) Regulation 401 KAR 59:225. New miscellaneous metal parts and products surface coating operations. (12) Regulation 401 KAR 59:230. New synthesized pharmaceutical product manufacturing operations. (13) Regulation 401 KAR 59:240. New perchloroethylene dry cleaning systems. (14) Regulation 401 KAR 61:001. Definitions and abbreviations of terms used in Title 401, Chapter 61. (15) Regulation 401 KAR 61:050. Existing storage vessels for petroleum liquids. (16) Regulation 401 KAR 61:090. Existing automobile and light-duty truck surface coating operations. (17) Regulation 401 KAR 61:095. Existing solvent metal cleaning equipment. (18) Regulation 401 KAR 61:100. Existing insulation of magnet wire operations. (19) Regulation 401 KAR 61:105. Existing metal furniture surface coating operations. (20) Regulation 401 KAR 61:110. Existing large appliance surface coating operations. (21) Regulation 401 KAR 61:120. Existing fabric, vinyl and paper surface coating operations. (22) Regulation 401 KAR 61:124. Existing factory surface coating operations of flat wood paneling. (23) Regulation 401 KAR 61:125. Existing can surface coating operations. (24) Regulation 401 KAR 61:130. Existing coil surface coating operations. (25) Regulation 401 KAR 61:132. Existing miscellaneous metal parts and products surface coating operations. (26) Regulation 401 KAR 61:137. Leaks from existing petroleum refinery equipment. (27) Regulation 401 KAR 61:150. Existing synthesized pharmaceutical product manufacturing operations. (28) Regulation 401 KAR 61:155. Existing pneumatic rubber tire manufacturing plants. (29) Regulation 401 KAR 61:160. Existing perchloroethylene dry cleaning systems. (30) Regulation 401 KAR 61:175. Leaks from existing synthetic organic chemical and polymer manufacturing equipment. (31) Regulation 401 KAR 63:001. Definitions and abbreviations of terms used in Title 401, Chapter 63. (32) Regulation 401 KAR 63:025. Asphalt paving operations. (C) Kentucky Regulation 401 KAR 59:315, Specific New Sources, effective June 24, 1992. (D) Revisions to following Kentucky Regulations were effective February 8, 1993. (1) Regulation 401 KAR 51:010. Attainment Status Designations. (2) Regulation 401 KAR 59:175. New service stations. (3) Regulation 401 KAR 61:085. Existing service stations. (4) Regulation 401 KAR 63:031. Leaks from Gasoline Tanks. (ii) Other material. None. (70) The maintenance plan for the Owensboro and Edmonson County Areas which include Daviess, a portion of Hancock, and Edmonson Counties submitted by the Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet on November 13, 1992, November 24, 1992, March 10, 1993, July 16, 1993, March 3, 1994, and August 29, 1994, as part of the Kentucky SIP. The 1990 Baseline Emission Inventory for the Owensboro and Edmonson County areas which include Daviess, a portion of Hancock, and Edmonson Counties. (i) Incorporation by reference. (A) Commonwealth of Kentucky Attainment Demonstration and Ten Year Maintenance Plan for All Areas Designated Marginal Nonattainment for Ozone. The effective date is December 28, 1992. (B) Attachment A—Demonstration of Permanent and Enforceable Reductions and Calculations of Interim Year Emission Projections. The effective date is August 26, 1994. (C) Attachment B—VOC Emissions Summary for Kentucky's Marginal Ozone Nonattainment Areas. The effective date is August 26, 1994. (D) Attachment C—CO Emissions Summary for Kentucky's Marginal Ozone Nonattainment Areas. The effective date is August 26, 1994. (E) Attachment D—NOX Emissions Summary for Kentucky's Marginal Ozone Nonattainment Areas. The effective date is August 26, 1994. (F) Table 6–12 Biogenic Emissions Hancock County, Kentucky. The effective date is December 28, 1992. (G) Table 6–11 Biogenic Emissions Daviess County, Kentucky. The effective date is December 28, 1992. (H) Table 6–1. Biogenic Emissions Edmonson County, Kentucky. The effective date is December 28, 1992. (ii) Other material. (A) February 28, 1994, letter from John E. Hornback, Director, Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch. (B) October 4, 1994, letter from Phillip J. Shepherd, Secretary, Natural Resources and Environmental Protection Cabinet to John H. Hankinson, Regional Administrator, USEPA Region IV. (71) The Commonwealth of Kentucky, Natural Resources and Environmental Protection Cabinet submitted revisions to the Kentucky State Implementation Plan on January 15, 1993 These revisions address the requirements of section 507 of title V of the CAA and establish the Small Business Stationary Source Technical and Environmental Assistance Program (PROGRAM). (i) Incorporation by reference. (A) Revision to the Kentucky State Implementation Plan to incorporate document titled “Kentucky Small Business Stationary Source Technical Environmental Assistance Program” which was approved by the Kentucky Natural Resources and Environmental Protection Cabinet effective on July 15, 1993. (ii) Additional material. None. (72) Modifications to the existing basic I/M program in Jefferson County to implement an anti-tampering check, pressure testing of the evaporative control system, and testing of commuter vehicles submitted by the Commonwealth of Kentucky on November 12, 1993. (i) Incorporation by reference. Regulation 8.01 and 8.02, adopted on February 17, 1993, and Regulation 8.03 adopted on February 17, 1993. (ii) Other material. None. (73) The maintenance plan for the Paducah area which include Livingston and Marshall Counties submitted by the Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet on November 13, 1992, November 24, 1992, March 10, 1993, July 16, 1993, March 3, 1994, and August 29, 1994, as part of the Kentucky SIP. The 1990 Baseline Emission Inventory for the Paducah area which include Livingston and Marshall Counties. (i) Incorporation by reference. (A) Commonwealth of Kentucky Attainment Demonstration and Ten Year Maintenance Plan for all areas designated Marginal Nonattainment for Ozone. The effective date is January 15, 1993. (B) Table 6–13 Biogenic Emissions, Livingston County, Kentucky. The effective date is January 15, 1993. (C) Table 6–14 Biogenic Emissions, Marshall County, Kentucky. The effective date is January 15, 1993. (ii) Other material. (A) January 15, 1993, letter from Phillip J. Shepherd, Secretary, Natural Resources and Environmental Protection Cabinet to Patrick Tobin, Acting Regional Administrator, U.S. EPA Region IV. (B) February 28, 1994, letter from John E. Hornback, Director, Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch. (C) October 4, 1994, letter from Phillip J. Shepherd, Secretary, Natural Resources and Environmental Protection Cabinet to John H. Hankinson, Regional Administrator, U.S. EPA Region IV. (74)–(75) [Reserved] (76) The maintenance plan and for the Lexington area which include Fayette and Scott Counties submitted by the Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet on November 13, 1992, November 24, 1992, March 10, 1993, July 16, 1993, March 3, 1994, and August 29, 1994, September 28, 1994 and June 14, 1995, as part of the Kentucky SIP. The 1990 Baseline Emission Inventory for the Lexington area which include Fayette and Scott Counties. (i) Incorporation by reference. (A) Commonwealth of Kentucky Attainment Demonstration and Ten Year Maintenance Plan for all areas designated Marginal Nonattainment for Ozone. The effective date is January 15, 1993. (B) Table 6–6 Biogenic Emissions Fayette County, Kentucky. The effective date is January 15, 1993. (C) Table 6–7 Biogenic Emissions, Scott, Kentucky. The effective date is January 15, 1993. (ii) Other material. (A) February 28, 1994, letter from John E. Hornback, Director, Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch. (B) October 4, 1994, letter from Phillip J. Shepherd, Secretary, Natural Resources and Environmental Protection Cabinet to John H. Hankinson, Regional Administrator, U.S. EPA Region 4. (C) January 15, 1993, letter from Phillip J. Shepherd, Secretary, Natural Resources and Environmental Protection Cabinet to Patrick M. Tobin, Acting Regional Administrator, U.S. EPA Region 4. (77) Revisions to the Commonwealth of Kentucky State Implementation Plan (SIP) concerning emission statements were submitted on December 29, 1994, by the Kentucky Natural Resources and Environmental Protection Cabinet. (i) Incorporation by reference. (A) Regulation 401 KAR 50:035 Permits. Section 1, Section 2(1) and Section 10. Regulation became effective September 28, 1994. (ii) None. (78) Operating Permit requiring VOC RACT for Calgon Corporation in the Kentucky portion of the Ashland/Huntington ozone nonattainment area, submitted November 11, 1994. (i) Incorporation by reference. Natural Resources and Environmental Protection Cabinet; Kentucky Department for Environmental Protection; Division for Air Quality; Permit 0–94–020; Calgon Carbon Corporation, effective on November 17, 1994. (ii) Other material. Letter of November 23, 1994, from the Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet. (79) Revisions to the Commonwealth of Kentucky State Implementation Plan (SIP) regarding the definition of volatile organic compound (VOC) submitted on January 27, 1995. (i) Incorporation by reference. (A) 401 KAR 50:010. Definitions and abbreviations of terms used in 401 KAR Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65, effective April 6, 1995. (B) 401 KAR 51:001. Definitions and abbreviations of terms used in 401 KAR Chapter 51, effective April 6, 1995. (C) 401 KAR 59:001. Definitions and abbreviations of terms used in 401 KAR Chapter 59, effective April 6, 1995. (D) 401 KAR 61:001. Definitions and abbreviations of terms used in 401 KAR Chapter 61, effective April 6, 1995. (E) 401 KAR 63:001. Definitions and abbreviations of terms used in 401 KAR Chapter 63, effective April 6, 1995. (F) 401 KAR 65:001. Definitions and abbreviations of terms used in 401 KAR Chapter 65, effective April 6, 1995. (ii) Other material. (A) May 4, 1995, letter from Phillip J. Shepherd, Secretary, Natural Resources and Environmental Protection Cabinet to John H. Hankinson, Regional Administrator, U.S. EPA, Region IV. (80) The maintenance plan for the Ashland-Huntington area which includes Boyd and a portion of Greenup Counties was submitted by the Commonwealth of Kentucky Natural Resources and Environmental Protection Cabinet on November 13 and May 24, 1995, as part of the Kentucky SIP. The 1990 Baseline Emission Inventory for the Ashland-Huntington area which includes Boyd and a portion of Greenup Counties which was submitted on November 13, 1992. (i) Incorporation by reference. (A) Kentucky Natural Resources and Environmental Protection Cabinet Request to Redesignate the Huntington/Ashland Moderate Ozone Nonattainment Area, Maintenance Plan, effective May 24, 1995. (B) Appendix F Kentucky Projected Emissions Summary: VOC, CO, and NOX, effective May 24, 1995. (C) Table 6–1 Summary of Biogenic Emissions Huntington-Ashland MSA, effective May 24, 1995. (ii) Other material. (A) May 24, 1995, letter from Phillip J. Shepherd, Secretary, Natural Resources and Environmental Protection Cabinet to John H. Hankinson, Regional Administrator, USEPA Region 4. (81) Revisions to air permit rules submitted by the Kentucky Natural Resources and Environmental Protection Cabinet on December 29, 1994. (i) Incorporation by reference. Revised Rule 401 KAR 50:035, “Permits”, Sections 1 through 7, effective September 28, 1994. (ii) Other material. None. (82) Revision to the Kentucky State Implementation Plan; Regulation 6.40 of the Air Pollution Control District of Jefferson County which was submitted to EPA on March 4, 1993. (i) Incorporation by reference. Regulation 6.40 Standards of Performance for Gasoline Transfer to Motor Vehicles (Stage II Vapor Recovery and Control) which were adopted on December 16, 1992. (ii) Other material. None. (83) Revisions to the Kentucky State Implementation Plan submitted by the Natural Resources and Environmental Protection Cabinet on June 15, 1983. (i) Incorporation by reference. 401 KAR 50:025 Classification of Counties, and 401 KAR 61:015 Existing Indirect Heat Exchangers, effective June 1, 1983. (ii) Additional material.None. (84) Revisions to the Kentucky State Implementation Plan submitted by the Natural Resources and Environmental Protection Cabinet on December 29, 1994. The regulations being revised are 401 KAR 59:101 New Bulk Gasoline Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants. (i) Incorporation by reference. Division for Air Quality regulations 401 KAR 59:101 New bulk gasoline plants, and 401 KAR 61:056 Existing bulk gasoline plants, effective September 28, 1994. (ii) Additional material.None. (85) The Commonwealth of Kentucky submitted revisions to the Kentucky SIP on June 19, 1996. These revisions involve changes to 401 KAR Chapters 50, 51, 59, 61, 63, and 65. (i) Incorporation by reference. 401 KAR Chapters 50:010(62), 51.001(62), 59:001(63), 61:001(63), 63:001(62), and 65:001(31) of the Kentucky regulations effective on June 6, 1996. (ii) Other material. None. (86) Revision to the Kentucky State Implementation Plan submitted by the Natural Resources and Environmental Protection Cabinet on May 20, 1997. The revision is for the Reynolds Metals Company. (i) Incorporation by reference. Air Pollution Control District of Jefferson County Permit numbers 103–74, 104–74, 105–74, 106–74, 110–74, and 111–74, effective April 16, 1997. (ii) Other material. None. (87) Revisions to the Kentucky State Implementation Plan submitted by the Natural Resources and Environmental Protection Cabinet on March 21, 1997. The regulation being revised is 401 KAR 51:017 Prevention of significant deterioration of air quality. (i) Incorporation by reference. Division of Air Quality regulations 401 KAR 51:017 Prevention of significant deterioration of air quality effective March 12, 1997. (ii) Other material. None. (88) Modifications to the existing basic I/M program in Jefferson County to implement loaded mode testing of vehicles submitted by the Commonwealth of Kentucky on November 10, 1997. (i) Incorporation by reference. Regulation 8.01 and 8.02, adopted on October 15, 1997. (ii) Other material. None. (89) Revisions to the Kentucky State Implementation Plan submitted by the Natural Resources and Environmental Protection Cabinet on December 19, 1997. The regulations being revised are 401 KAR 50:012 General application and 401 KAR 51:010 Attainment status designations. (i) Incorporation by reference. Division of Air Quality regulations 401 KAR 50:012 General application and 401 KAR 51:010 Attainment status designations are effective November 12, 1997. (ii) Other material. None. (90) [Reserved] (91) The maintenance plan for Edmonson County and Owensboro ozone area submitted by the Commonwealth of Kentucky through the Natural Resources and Environmental Protection Cabinet on April 16, 1998, as part of the Kentucky SIP. (i) Incorporation by reference. Mobile Emissions Budgets for Owensboro Area and Edmonson County Marginal Ozone Maintenance Areas: Introduction page and Tables 1 through 8 effective April 14, 1998. (ii) Other material. None. (92) Revisions to the Kentucky State Implementation Plan submitted by the Natural Resources and Environmental Protection Cabinet on February 3, 1998. The regulations being revised are 401 KAR 59:174 Stage II control at gasoline dispensing facilities, 401 KAR 63:005 Open burning, and 401 KAR 65:010 Vehicle emission control programs rules. Adoption of the Kentucky 15 Percent Plan, the I/M program and the 1990 baseline emissions inventory. (i) Incorporation by reference. (A) Division of Air Quality regulations 401 KAR 59:174 Stage II control at gasoline dispensing facilities, 401 KAR 63:005 Open burning, and 401 KAR 65:010 Vehicle emission control programs rules are effective January 12, 1998. (B) Tables showing the Cincinnati 1990 Baseline Emissions Inventory, 1990 Adjusted Baseline Inventory, and 1990 Rate of Progress Inventory, Summary of Biogenic Emissions and Anticipated Emissions after Plan Implementation which are effective September 11, 1998. (ii) Other material. None. (93) Modifications to the existing basic I/M program in Jefferson County to implement a check of a vehicle's On-Board Diagnostic system, for vehicles of model 1996 and newer that are so equipped, submitted by the Commonwealth of Kentucky on August 27, 1998. (i) Incorporation by reference. Regulation 8.02, adopted on July 15, 1998. (ii) Other material. None. (94) [Reserved] (95) Revisions to the Jefferson County portion of the Kentucky State Implementation Plan submitted by the Kentucky Natural Resources and Environmental Protection Cabinet on November 10, 1998. The regulation being added is Regulation 2.17, Federally Enforceable District Origin Operating Permits. (i) Incorporation by reference. Air Pollution Control District of Jefferson County Regulation 2.17, Federally Enforceable District Origin Operating Permits effective June 21, 1995. (ii) Other material. None. [37 FR 10868, Mar. 31, 1972. Redesignated at 64 FR 28750, May 27, 1999] Editorial Note: For Federal Register citations affecting §52.939, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart T—Louisiana top § 52.970 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for Louisiana under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c),(d) and (e) of this section with an EPA approval date prior to July 1, 1998, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c), (d) and (e) of this section with EPA approval dates after July 1, 1998, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 6 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of July 1, 1998. (3) Copies of the materials incorporated by reference may be inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700, Dallas, Texas, 75202–2733; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 401 M St., SW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA Approved Louisiana Regulations in the Louisiana SIP ---------------------------------------------------------------------------------------------------------------- State citation Title/subject State approval date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- LAC Title 33. Environmental Quality Part III. Air ---------------------------------------------------------------------------------------------------------------- Chapter 1_General Provisions ---------------------------------------------------------------------------------------------------------------- Section 101................... Authority, Matter Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Incorporated by 09795 Reference, and Permit Fee System. Section 103................... Scope and Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Severability of 09795 Air Regulations. Section 107................... Procedure for Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Handling 09795 Investigations, Complaints and Confidentiality. Section 109................... Necessary Changes Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) for Approval of 09795 Compliance Schedules and Annual Report Requirements. Section 111................... Definitions under Aug. 1991, LR17:777 05/05/94, 59 FR Ref 52.999(c)(60) the Louisiana Air 23166 Regulations. ---------------------------------------------------------------------------------------------------------------- Chapter 2_Rules and Regulations for the Fee System of the Air Quality Control Programs ---------------------------------------------------------------------------------------------------------------- Section 223................... Fee Schedule Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) Listing. 54308 ---------------------------------------------------------------------------------------------------------------- Chapter 5_Permit Procedures ---------------------------------------------------------------------------------------------------------------- Section 501................... Authority......... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 503................... Procedures for Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Notification for 09795 Interstate Pollution. Section 504................... Nonattainment New Dec. 2001, LR 09/30/02, 67 FR Source Review 27:2225 61270 Procedures. Section 505................... For Emissions Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Below PSD de 09795 minimis Levels. Correction 03/06/ Ref 52.999(c)(58) 92, 57 FR 08076 Section 507................... Notification Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Requirement (for 09795 Emission Reduction). Section 509................... Prevention of Feb. 1995, LR21:170 10/15/96, 61 FR Ref 52.999(c)(69) Significant 53639 Deterioration. ---------------------------------------------------------------------------------------------------------------- Chapter 6_Regulations on Control of Emissions Reduction Credits Banking ---------------------------------------------------------------------------------------------------------------- Section 601................... Purpose........... Feb. 2002, LR 28:301 09/27/02, 67 FR 60877 Section 603................... Applicability..... Feb. 2002, LR 28:301 09/27/02, 67 FR 60877 Section 605................... Definitions....... Feb. 2002, LR 28:301 09/27/02, 67 FR 60877 Section 607................... Determination of Feb. 2002, LR 28:302 09/27/02, 67 FR Creditable 60877 Emission Reductions. Section 613................... ERC Bank Feb. 2002, LR 28:303 09/27/02, 67 FR Recordkeeping and 60877 Reporting Requirements. Section 615................... Schedule for Feb. 2002, LR 28:304 09/27/02, 67 FR Submitting 60877 Applications. Section 617................... Procedures for Feb. 2002, LR 28:304 09/27/02, 67 FR Review and 60877 Approval of ERCs. Section 619................... Emission Reduction Feb. 2002, LR 28:305 09/27/02, 67 FR Credit Bank. 60877 ---------------------------------------------------------------------------------------------------------------- Chapter 7_Ambient Air Quality ---------------------------------------------------------------------------------------------------------------- Section 701................... Purpose and Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Information 09795 Regarding Standards for PM10, SO2, CO, Atmospheric Oxidants, NOX and Pb. Section 703................... Scope of Ambient Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Air Quality 09795 Standards for PM10, SO2, CO, Ozone, NOX, and Pb. Section 705................... Standards: Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Description of 09795 Ambient Air Quality Standards. Section 707................... Degradation of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Ambient Air 09795 Having Higher Quality than Set Forth in these Sections Restricted. Section 709................... Measurement of Jun. 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Concentrations 25451 PM10, SO2, CO, Atmospheric Oxidants, NOX, and Pb. Table 1....................... Primary Ambient Jun. 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Air Quality 25451 Standards. Table 1a...................... Secondary Ambient Jun. 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Air Quality 25451 Standards. Table 2....................... Ambient Jun. 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Air_Methods of 25451 Contaminant Measurements. ---------------------------------------------------------------------------------------------------------------- Chapter 9_General Regulations on Control of Emissions and Emission Standards ---------------------------------------------------------------------------------------------------------------- Section 901................... Purpose........... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 903................... Scope............. Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 905................... Control Facilities Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) to be Installed 09795 When Feasible. Section 907................... Emission Resulting Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) in Undesirable 09795 Levels Not Allowed (From Refuse Disposal). Section 909................... Responsible Person Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) to have Test Made. 09795 Section 911................... Department May Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Make Tests. 09795 Section 913................... New Sources to Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Provide Sampling 09795 Ports. Section 915................... Emission Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Monitoring 09795 Requirements: Applicability, Special Considerations, Exemptions, and Circumvention. Section 917................... Variances......... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 918................... Recordkeeping and Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Annual Reporting. 09795 Section 919................... Emission Inventory Oct. 1994, LR20:1102 01/06/95, 60 FR Ref 52.999(c)(65) 02016 Section 921................... Stack Heights..... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 923................... Maintenance of Pay Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 925................... Mass Emission Rate Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Control Plan. 09795 Section 927................... Notification Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Required 09795, (Emergency Occurrences). Section 929................... Violation of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Emission 09795 Regulation Cannot be Authorized. ---------------------------------------------------------------------------------------------------------------- Chapter 11_Control of Emissions From Smoke ---------------------------------------------------------------------------------------------------------------- Section 1101.................. Control of Air Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Pollution from 09795 Smoke: Purpose and Control of Smoke. Section 1103.................. Impairment of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Visibility on 09795 Public Roads Prohibited. Section 1105.................. Smoke from Flaring Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Shall be no 09795 Darker than No. 1 Ringelmann. Section 1107.................. Exemptions........ Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 1109.................. Control of Air Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Pollution from 09795 Outdoor Burning. Section 1111.................. Exclusion: Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Variance, 09795 Unpopulated Areas and Water Vapor. ---------------------------------------------------------------------------------------------------------------- Chapter 13_Emission Standards for Particulate Matter ---------------------------------------------------------------------------------------------------------------- Subchapter A.................. General........... Section 1301.................. Emission Standards Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) for Particulate 25451 Matter. Section 1303.................. Provision Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Governing 25451 Specific Activities. Section 1305.................. Control of Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Fugitive 25451 Emissions. Section 1307.................. Degradation....... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 1309.................. Measurements of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Concentrations. 09795 ---------------------------------------------------------------------------------------------------------------- Subchapter B.................. Fluid Catalytic Cracking Units. Section 1311.................. Emission Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Limits_Including 25451 Fluid Catalytic Cracking Units. ---------------------------------------------------------------------------------------------------------------- Subchapter C.................. Fuel Burning Equipment. Section 1313.................. Emissions from Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Fuel Burning 25451 Equipment. Section 1315.................. More Stringent Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Regulations may 25451 be Prescribed if Particulates are Toxic. Section 1317.................. Exclusions........ Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 ---------------------------------------------------------------------------------------------------------------- Subchapter D.................. Refuse Incinerators. Section 1319.................. Refuse Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Incinerators: 25451 Purpose, Scope, Capacity, Approval of, Allowable Emissions, Disposal, and Restrictions. ---------------------------------------------------------------------------------------------------------------- Subchapter E.................. Leadened Particulate Matter. Section 1321.................. Emission Standards Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) for Leaded 09795 Particulate Matter. Table 3....................... Allowable Rate of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Emissions Based 09795 on Process Weight Rate. ---------------------------------------------------------------------------------------------------------------- Chapter 14_Conformity ---------------------------------------------------------------------------------------------------------------- Subchapter A.................. Determining Conformity of General Federal Actions to State or Federal Implementations Plans. Section 1401.................. Purpose........... Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) 48409 Section 1402.................. Scope............. Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) 48409 Section 1403.................. Prohibition....... Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) 48409 Section 1404.................. Definitions....... Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) 48409 Section: 1405...................... Applicability..... Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) 48409 1405.B.................... .................. 06/20/97, LR23:720 03/09/98, 63 FR Ref 52.999(c)(75) 11372 Section 1406.................. Conformity Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) Analysis. 48409 Section 1407.................. Reporting Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) Requirements. 48409 Section 1408.................. Public Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) Participation. 48409 Section 1409.................. Frequency of Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) Conformity 48409 Determinations. Section 1410.................. Criteria for Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) Determining 48409 Conformity of General Federal Actions. Section 1411.................. Procedures for Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) Conformity 48409 Determinations of General Federal Actions. Section 1412.................. Mitigation of Air Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) Quality Impacts. 48409 Section 1413.................. Department Review. Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) 48409 Section 1414.................. Enforcement Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) Provisions. 48409 Section 1415.................. Savings Provision. Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67) 48409 ---------------------------------------------------------------------------------------------------------------- Subchapter B.................. Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved under Title 23 U.S.C. or the Federal Transit Act. Section 1431.................. Purpose........... Sept. 1998, 12/29/99, 64 FR LR24:1684 72938 Section 1432.................. Incorporation by July 1998, LR24:1280 12/29/99, 64 FR No action is Reference. 72938 taken on the portions of LAC 33:III.1432 that contain 40 CFR 93.102(c), 93.104(d), 93.109(c)-(f), 93.118(e), 93.120(a)(2), 93.121(a)(1), and 93.124(b). Section 1434.................. Consultation...... Nov. 1994, 12/29/99, 64 FR LR20:1278; July 72938 1998, LR24:1280; Sept. 1998, LR24:1684; Oct. 1998, LR24:1925 ---------------------------------------------------------------------------------------------------------------- Chapter 15_Emission Standards for Sulfur Dioxide ---------------------------------------------------------------------------------------------------------------- Section 1501.................. Degradation of Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59) Existing Emission 38060 Quality Restricted. Section 1503.................. Emission Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59) Limitations. 38060 Section 1505.................. Variance.......... Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59) 38060 Section 1507.................. Exceptions, Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59) Startup 38060 provisions, Online Operating Adjustments, and Bubble Concept. Section 1509.................. Reduced Sulfur Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59) Compounds (New 38060 and Existing Sources). Section 1511.................. Continuous Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59) Emissions 38060 Monitoring. Section 1513.................. Recordkeeping and Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59) Reporting. 38060 Table 4....................... Emissions_Methods Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59) of Contaminant 38060 Measurement. ---------------------------------------------------------------------------------------------------------------- Chapter 17_Control of Emissions of Carbon Monoxide (New Sources) ---------------------------------------------------------------------------------------------------------------- Subchapter A.................. General........... Section 1701.................. Degradation of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Existing Emission 09795 Quality Restricted. ---------------------------------------------------------------------------------------------------------------- Subchapter B.................. Ferrous Metal Emissions. Section 1703.................. Ferrous Metal Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Emissions. 09795 ---------------------------------------------------------------------------------------------------------------- Subchapter C.................. Petroleum Refinery Emissions. Section 1705.................. Petroleum Refinery Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Emissions. 09795 ---------------------------------------------------------------------------------------------------------------- Chapter 19_Mobile Sources ---------------------------------------------------------------------------------------------------------------- Subchapter B.................. Clean Fuel Fleet.. Section 1951.................. Purposes.......... Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) 54308 Section 1953.................. General Provisions Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) 54308 Section 1955.................. Definitions....... Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) 54308 Section 1957.................. Exemptions........ Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) 54308 Section 1959.................. Emissions Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) Standards. 54308 Section 1961.................. Credits Program... Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) 54308 Section 1963.................. Emissions Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) Reduction Credits 54308 Program_Reserved. Section 1965.................. Recordkeeping..... Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) 54308 Section 1967.................. Conversion to Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) Clean Fuel 54308 Vehicles_Reserved. Section 1969.................. Fuel Provider Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) Requirements. 54308 Section 1971.................. Enforcement....... Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) 54308 Section 1973.................. Fees.............. Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66) 54308 ---------------------------------------------------------------------------------------------------------------- Chapter 21_Control of Emissions of Organic Compounds ---------------------------------------------------------------------------------------------------------------- Subchapter A.................. General........... Section 2101.................. Compliance Nov. 1990, LR16:959 05/05/94, 59 FR Ref 52.999(c)(60) Schedules. 23166 Section 2103.................. Storage of Dec. 1995, LR21:1333 10/22/96, 61 FR Ref 52.999(c)(71) Volatile Organic 54737 (E)(F)(G) Compounds (Large Tanks). Section 2105.................. Storage of .................... ................... NOT IN SIP Volatile Organic Components (Small Tanks). Section 2107.................. Volatile Organic Apr. 1991, LR17:360 05/05/94, 59 FR Ref 52.999(c)(60) Compounds_Loading. 23166 Section 2108.................. Marine Vapor Nov. 1990, LR16:959 10/22/96, 61 FR Ref 52.999(c)(71) Recovery. 54737 (A)(B) Section 2109.................. Oil/ Oct. 1992, LR18:1122 07/25/96, 61 FR Ref 52.999(c)(64) Water_Separation. 38590 Section 2111.................. Pumps and Apr. 1991, LR17:360 05/05/94, 59 FR Ref 52.999(c)(60) Compressors. 23166 Section 2113.................. Housekeeping...... Apr. 1991, LR17:360 05/05/94, 59 FR Ref 52.999(c)(60) 23166 Section 2115.................. Waste Gas Disposal Mar. 1993, LR19:317 07/25/96, 61 FR Ref 52.999(c)(64) and Exemptions. 38590 Section 2117.................. Exemptions........ Feb. 1990, LR16:116 05/05/94, 59 FR Ref 52.999(c)(60) 23166 Section 2119.................. Variances......... Feb. 1990, LR16:116 05/05/94, 59 FR Ref 52.999(c)(60) 23166 Section 2121.................. Fugitive Emission Jul. 1991, LR17:654 05/05/94, 59 FR Ref 52.999(c)(60) Control. 23166 Section 2122.................. Fugitive Emission Nov. 1994, LR20:1269 10/22/96, 61 FR Ref 52.999(c)(71) Control for Ozone 54737 (C)(D) Nonattainment Areas. ---------------------------------------------------------------------------------------------------------------- Subchapter B.................. Organic Solvents.. Section 2123.................. Organic Solvents.. Oct. 1992, LR18:1122 07/25/96, 61 FR Ref 52.999(c)(64) 38590 ---------------------------------------------------------------------------------------------------------------- Subchapter C.................. Vapor Degreasers.. Section 2125.................. Vapor Degreasers.. Oct. 1992, LR18:1122 07/25/96, 61 FR Ref 52.999(c)(64) 38590 ---------------------------------------------------------------------------------------------------------------- Subchapter D.................. Cutback Paving Asphalt. Section 2127.................. Cutback Paving Apr. 1991, LR17:360 05/05/94, 59 FR Ref 52.999(c)(60) Asphalt. 23166 ---------------------------------------------------------------------------------------------------------------- Subchapter E.................. Perchloroethylene Dry Cleaning Systems. Section 2129.................. Perchloroethylene Nov. 1990, LR16:959 05/05/94, 59 FR Ref 52.999(c)(60) Dry Cleaning 23166 Systems. ---------------------------------------------------------------------------------------------------------------- Subchapter F.................. Gasoline Handling. Section 2131.................. Filling of Oct. 1992, LR18:1122 07/25/96, 61 FR Ref 52.999(c)(64) Gasoline Storage 38590 Vessels. Section 2132.................. Stage II Vapor Jan. 1993, LR19:46 03/25/94, 59 FR Ref 52.999(c)(61) Recovery Systems 14114 for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities. Section 2133.................. Gasoline Bulk Jul. 1990, LR16:609 05/05/94, 59 FR Ref 52.999(c)(60) Plants. 23166 Section 2135.................. Bulk Gasoline Oct.1992, LR18:1123 07/25/96, 61 FR Ref 52.999(c)(64) Terminals. 38590 Section 2137.................. Gasoline Terminal Jul. 1990, LR16:609 05/05/94, 59 FR Ref 52.999(c)(60) Vapor-Tight 23166 Control Procedure. ---------------------------------------------------------------------------------------------------------------- Subchapter G.................. Petroleum Refinery Operations. Section 2139.................. Refinery Vacuum Jul. 1991, LR17:654 05/05/94, 59 FR Ref 52.999(c)(60) Producing Systems. 23166 Section 2141.................. Refinery Process Jul. 1991, LR17:654 05/05/94, 59 FR Ref 52.999(c)(60) Unit Turnarounds. 23166 ---------------------------------------------------------------------------------------------------------------- Subchapter H.................. Graphic Arts...... Section 2143.................. Graphic Arts Oct. 1992, LR18:1123 07/25/96, 61 FR Ref 52.999(c)(64) (Printing) by 38590 Rotogravure and Flexographic Processes. ---------------------------------------------------------------------------------------------------------------- Subchapter I.................. Pharmaceutical Manufacturing Facilities. Section 2145.................. Pharmaceutical Nov. 1990, LR16:959 05/05/94, 59 FR Ref 52.999(c)(60) Manufacturing 23166 Facilities. ---------------------------------------------------------------------------------------------------------------- Subchapter J.................. Limiting Volatile Organic Compound (VOC) Emissions from Reactor Processes and Distillation Operations in the Synthetic Organic Chemical Manufacturing Industry (SOCMI). Section 2147.................. Limiting VOC Apr. 1995, LR21:380 12/02/97, 62 FR Ref 52.999(c)(74) Emissions from 63658 SOCMI Reactor Process and Distillation Operations. ---------------------------------------------------------------------------------------------------------------- Subchapter K.................. Limiting Volatile Organic Compound Emissions from Batch Processing. Section 2149.................. Limiting Volatile Apr. 1995, LR21:387 12/02/97, 62 FR Ref 52.999(c)(74) Organic Compound 63658 Emissions from Batch Processing. ---------------------------------------------------------------------------------------------------------------- Subchapter L.................. Limiting Volatile Organic Compound Emissions from Cleanup Solvent Processing. Section 2151.................. Limiting Volatile Apr. 1995, LR21:391 12/02/97, 62 FR Ref 52.999(c)(74) Organic Compound 63658 Emissions from Cleanup Solvent Processing. ---------------------------------------------------------------------------------------------------------------- Subchapter M.................. Limiting Volatile Organic Compound Emissions from Industrial Wastewater. Section 2153................. Limiting Volatile May, 1999, LR 25:850 06/20/02, 67 FR Organic Compound 41842 Emissions from Industrial Wastewater. ---------------------------------------------------------------------------------------------------------------- Table 8....................... Untitled [List of Dec. 1987, LR13:741 05/05/94, 59 FR Ref 52.999(c) Synthetic Organic 23166 (49) and (60). Chemicals]. Table approved at (c)(49) included CAS numbers. Table approved at (c)(60) did not include CAS numbers ---------------------------------------------------------------------------------------------------------------- Chapter 22_Control of Emissions of Nitrogen Oxides (NOX) ---------------------------------------------------------------------------------------------------------------- Section 2201_Affected Facilities in the Baton Rouge Nonattainment Area and the Region of Influence ---------------------------------------------------------------------------------------------------------------- Subsection A.................. Applicability..... Feb. 27, 2002 09/27/02, 67 FR July 25, 2002. 60885 Subsection B.................. Definitions....... Feb. 27, 2002 09/27/02, 67 FR July 25, 2002. 60885 Subsection C.................. Exemptions........ Feb. 27, 2002 09/27/02, 67 FR July 25, 2002. 60885 Subsection D.................. Emission Factors.. Feb. 27, 2002 09/27/02, 67 FR Cutoff size for July 25, 2002. 60885 lean burn engines lowered to 320 Hp on July 25, 2002, for the ozone nonattainment parishes. Cutoff size for lean burn engines in the Region of Influence is 1500 Hp. Subsection E.................. Alternative Plans. Feb. 27, 2002 09/27/02, 67 FR July 25, 2002. 60885 Subsection F.................. Permits........... Feb. 27, 2002 09/27/02, 67 FR July 25, 2002. 60885 Subsection G.................. Initial Feb. 27, 2002 09/27/02, 67 FR Demonstration of July 25, 2002. 60885 Compliance. Subsection H.................. Continuous Feb. 27, 2002 09/27/02, 67 FR Demonstration of July 25, 2002. 60885 Compliance. Subsection I.................. Notification, Feb. 27, 2002 09/27/02, 67 FR Recordkeeping, July 25, 2002. 60885 and Reporting Requirements. Subsection J.................. Effective Dates... Feb. 27, 2002 09/27/02, 67 FR July 25, 2002. 60885 ---------------------------------------------------------------------------------------------------------------- Chapter 23_Control of Emissions from Specific Industries ---------------------------------------------------------------------------------------------------------------- Subchapter A.................. Chemical Woodpulping Industry. Section 2301.................. Control of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Emissions from 09795 the Chemical Woodpulping Industry. ---------------------------------------------------------------------------------------------------------------- Subchapter B.................. Aluminum Plants... Section 2303.................. Standards for Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Horizontal Stud 09795 Soderberg Primary Aluminum Plants and Prebake Primary Aluminum Plants. ---------------------------------------------------------------------------------------------------------------- Subchapter C.................. Phosphate Fertilizer Plants. Section 2305.................. Fluoride Emissions Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Standards for 09795 Phosphate Fertilizer Plants. ---------------------------------------------------------------------------------------------------------------- Subchapter D.................. Emission Standards for the Nitric Acid Industry. Section 2307.................. Emission Standards Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) for the Nitric 09795 Acid Industry. ---------------------------------------------------------------------------------------------------------------- Chapter 56_Prevention of Air Pollution Emergency Episodes ---------------------------------------------------------------------------------------------------------------- Section 5601.................. Purpose........... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 5603.................. Scope............. Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 5605.................. Episode Criteria Dec. 1987, LR13:741 03/08/89 54 FR Ref 52.999(c)(49) and Air Pollution 09795 Forecast. Section 5607.................. Administrative Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Authority Will 09795 Determine When Criteria Level Has Been Reached. Section 5609.................. Preplanning Jun. 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50) Strategies 25451 Required: Alert Level, Warning Level, and Emergency Level. Section 5611.................. Standby Plans to Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) be Submitted When 09795 Requested by Administrative Authority. Table 5....................... Emission Reduction Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Plans_Alert Level. 09795 Table 6....................... Emission Reduction Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Plans_Warning 09795 Level. Table 7....................... Emission Reduction Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Plans_Emergency 09795 Level. ---------------------------------------------------------------------------------------------------------------- Chapter 60_Test Methods_NSPS Division's Source Test Manual ---------------------------------------------------------------------------------------------------------------- 6001 to 6089.................. 40 CFR 60, Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Appendix A NSPS 09795 Methods 1 to 41. ---------------------------------------------------------------------------------------------------------------- Chapter 61_Divisions Source Test Method ---------------------------------------------------------------------------------------------------------------- Subchapter A.................. Method 43_Capture Efficiency Test Procedures. Section 6121.................. Principle......... Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) 23166 Section 6123.................. Definitions....... Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) 23166 Section 6125.................. Applicability..... Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) 23166 Section 6127.................. Specific Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) Requirements. 23166 Section 6129.................. Recording and Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) Reporting. 23166 Section 6131.................. Procedures for Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) Method 43. 23166 6131.A........................ Procedure Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) F.1_Fugitive VOC 23166 Emissions from Temporary Enclosures. 6131.B........................ Procedure Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) F.2_Fugitive VOC 23166 Emissions from Building Enclosures. 6131.C........................ Procedure Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) G.1_Captured VOC 23166 Emissions. 6131.D........................ Procedure Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) G.2_Captured VOC 23166 Emissions (Dilution Technique). 6131.E........................ Procedure L_VOC Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) Input. 23166 6131.F........................ Procedure Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60) T_Criteria for 23166 Verification of a Permanent or Temporary Total Enclosure. ---------------------------------------------------------------------------------------------------------------- Chapter 63_Test Methods_LESHAP Division's Source Test Manual ---------------------------------------------------------------------------------------------------------------- 6301 to 6401.................. 40 CFR 61, Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Appendix B Test 09795 Methods. ---------------------------------------------------------------------------------------------------------------- Chapter 65_Rules and Regulations for the Fee System of the Air Quality Control Programs ---------------------------------------------------------------------------------------------------------------- Section 6501.................. Scope and Purpose. Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 6503.................. Authority......... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 6505.................. Definitions....... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 6507.................. Application Fees.. Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 6509.................. Annual Fees....... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 6511.................. Methodology....... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 6513.................. Determination of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) Fee. 09795 Section 6515.................. Method of Payment. Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 6517.................. Late Payment...... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 6519.................. Failure to Pay.... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 6521.................. Effective Date.... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49) 09795 Section 6523.................. Fee Schedule Nov. 1992, LR18:1256 03/25/94, 59 FR Ref Listing. 14114 52.999(c)(61). ---------------------------------------------------------------------------------------------------------------- LAC Title 55. Part III. Motor Vehicles, Chapter 8. Motor Vehicle Inspections ---------------------------------------------------------------------------------------------------------------- Subchapter A.................. General........... Section 801................... Definitions....... Dec. 1999, LR 09/26/02, 67 FR 25:2421 60594 Section 803................... Forward........... Dec. 1999, LR 09/26/02, 67 FR 25:2421 60594 ---------------------------------------------------------------------------------------------------------------- Subchapter B.................. Safety Inspections Section 805................... Requirements, Dec. 2001, LR 09/26/02, 67 FR Duties, 27:2260 60594 Responsibilities. Section 807................... Operation as an Dec. 2001, LR 09/26/02, 67 FR Official Motor 27:2260 60594 Vehicle Inspection Station. Section 809................... General Inspection Dec. 1999, LR 09/26/02, 67 FR Requirements. 25:2426 60594 Section 811................... Inspection Dec. 1999, LR 09/26/02, 67 FR Procedures. 25:2427 60594 Section 813................... Required Equipment Dec. 1999, LR 09/26/02, 67 FR 25:2428 60594 Section 815................... Miscellaneous Dec. 1999, LR 09/26/02, 67 FR Inspection 25:2433 60594 Procedures. ---------------------------------------------------------------------------------------------------------------- Subchapter C.................. Vehicle Emission Inspection and Maintenance Program. Section 817................... General Dec. 1999, LR 09/26/02, 67 FR Information. 25:2433 60594 Section 819................... Anti-tampering and Dec. 2001, LR 09/26/02, 67 FR Inspection and 27:2260 60594 Maintenance Parameters. ---------------------------------------------------------------------------------------------------------------- Subchapter E.................. Administrative and Audit Procedures. Section 833................... Investigations; Dec. 2001, LR 09/26/02, 67 FR Administrative 27:2260 60594 Actions; Sanctions. Section 835................... Declaratory Orders Dec. 1999, LR 09/26/02, 67 FR ................. and Rulings. 25:2442 60594 ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State source-specific requirements. EPA-Approved Louisiana Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State approval/ Name of source Permit number effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- Lead SIP for Ethyl Corp. in Baton Compliance order. 01/27/89 06/27/89, 54 FR 27002 Amended Compliance Rouge. order dated 01/31/86. Modeling 05/27/88. State letter 01/27/89. Ref 52.999(c)(51) Vulcan Materials Company Facility 1829T(M-2)....... 07/28/89 10/10/89, 54 FR 41444 Revision of Bubble in Geiser, Ascension Parish. Permit. Issued 03/24/ 83, amended 07/28/89. Ref 52.999(c)(52) American Cyanamid Company Fortier 1896(M-2)........ 07/20/89 11/27/89, 54 FR 48743 Revision of Bubble Plant in Westwego, Jefferson Permit. Issued 10/17/ Parish. 84, amended 07/20/89. Ref 52.999(c)(53) Vista Chemical Company Facility in 1828(M-2)........ 09/25/86 02/02/90, 55 FR 03598 Bubble Permit. Westlake, Louisiana. Submitted by Governor on 11/22/83, amended 09/25/86. Ref 52.999(c)(54) Union Carbide Facility in 1836T(M-1)....... 05/05/90 07/18/90, 55 FR 29205 Revision of Bubble Hahnville, Louisiana. Permit. Submitted by Governor on 10/19/83, amended 04/23/87, revised 05/05/90. Ref 52.999(c)(55) Dow Chemical Facility in 1838T(M-2)....... 10/16/91 10/04/94, 59 FR 50500 Revision of Bubble Plaquemine, Iberville Parish. Permit. Issued 7/28/ 83, amended 10/16/91. Ref 52.999(c)(62) Exxon Compliance Date Extension, N/A.............. 09/12/97 05/11/98, 63 FR 25773 Extension of compliance Baton Rouge Refinery. date to LAC 33:III, 2103.D.4 Ref 52.999(c)(79). Borden Chemicals and Plastics in Reasonable 10/24/96 07/02/99, 64 FR 35939 Submitted as part of Baton Rouge. Further Progress the Baton Rouge, LA Agreed To Order. Post-1996 ROP Plan ---------------------------------------------------------------------------------------------------------------- (e) EPA approved nonregulatory provisions and quasi-regulatory measures. EPA Approved Louisiana Statutes in the Louisiana SIP ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- LA. R.S. of 1950. Title 40, Chapter 12. The Louisiana Air Control Law, Part 1, Louisiana Air Control Commission ---------------------------------------------------------------------------------------------------------------- 40:2201.............. Citation.................... Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) 40:2202.............. Definition.................. Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) 40:2203.............. Commission created; Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) domicile; membership; tenure; meetings. 40:2204.............. Powers and Duties of Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) Commission. 40:2205.............. Powers and Duties of Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) Technical Secretary. 40:2206.............. Approval of rules and Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) regulations; public hearings; difference. 40:2207.............. Validity of rules or Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) regulations; declaratory judgement. 40:2208.............. Investigations; complaints; Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) hearings; recommendations. 40:2209.............. Procedure at hearings....... Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) 40:1077.............. Secret processes or methods 01/01/80 06/09/82, 47 FR 25013 Ref 52.999(c)(39) as confidential. Old section name 2210 40:2211.............. Variances................... Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) 40:2212.............. Failure to act on petition Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) for variance. 40:2213.............. Judicial review............. Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) 40:2214.............. Injunction; penalties for Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) violations of orders of the commission. 40:2215.............. Actions inuring to benefit Apr. 1979 02/14/80 45 FR 09909 Ref 52.999(c)(15) the state. 40:2216.............. Act as exclusive means of Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15) control; nuisances. ---------------------------------------------------------------------------------------------------------------- LA. R.S. of 1992. Title 30 and 36, Subtitle II. Environmental Quality, Chapter 3. Louisiana Air Control Law ---------------------------------------------------------------------------------------------------------------- 30:2060 N.6.......... Toxic air pollution emission 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63) control program. 30:2061.............. Small Business Stationary 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63) Source Technical and Environmental Compliance Assistance Program. 30:2062.............. Louisiana Small Business 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63) Compliance Advisory panel. 36:239(H)............ Transfer of agencies and 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63). functions to the Department of Environmental Quality. ---------------------------------------------------------------------------------------------------------------- EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures ---------------------------------------------------------------------------------------------------------------- State submittal Name of SIP provision Applicable geographic date/ EPA approval date Explanation or nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- Federal Hydrocarbon Standards... Region 106, SE LA-SE 03/30/73 06/22/73 38 FR 16565 Ref 52.999(c)(04) TX AQCR. PM Strategy..................... Region 106, SE LA-SE 01/02/73 07/19/77, 42 FR 37000 Ref 52.999(c)(06) TX AQCR. Air Quality Maintenance Area for Shreveport, LA........ 12/09/77 08/18/78, 43 FR 36628 Ref 52.999(c)(09) PM. Air Quality Surveillance Network New Orleans, LA....... 04/03/78 01/29/79, 44 FR 05601 Ref 52.999(c)(10) Change of sampling site location Louisiana Ozone SIP............. Nonattainment areas, 04/30/79 02/14/80, 45 FR 09909 Ref 52.999(c)(15) AQCR 022 and 106. Part D requirement Evidence of Notice and Public Statewide............. 06/20/79 02/10/82, 47 FR 06017 Ref 52.999(c)(16) Hearing. Emission Inventory.............. Nonattainment areas... 08/28/78 02/14/80, 45 FR 09909 Ref 52.999(c)(17) Air Quality Surveillance Network Statewide............. 01/10/80 08/06/81, 46 FR 40006 Ref 52.999(c)(20) Final Revisions to ambient monitoring Lead SIP........................ Baton Rouge, LA....... 10/31/83 05/01/84, 49 FR 18485 Ref 52.999(c)(40) NSR and Visibility Monitoring... Class I Federal Areas 10/14/85 06/10/86, 51 FR 20969 Ref 52.999(c)(44) in LA. Small Business Program.......... Statewide............. 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63) Redesignation Request and Pointe Coupe Parish... 12/20/95 01/06/97, 61 FR 00648 Ref 52.999(c)(70) Maintenance Plan. VOC RACT Negative Declarations.. Baton Rouge 12/15/95 10/30/96, 61 FR 55894 Ref 52.999(c)(72) nonattainment area. Redesignation Request and Calcasieu Parish...... 12/20/95 05/02/97, 62 FR 24036 Ref 52.999(c)(73). Maintenance Plan. Contingency Plan................ Baton Rouge, LA....... 12/28/01 09/26/02, 67 FR 60590 Substitute measure to replace the measure approved on 07/02/99, 64 FR 35939 Clean Fuel Fleet Program Baton Rouge, LA....... 03/21/99 07/19/99 64 FR 38580 Substituted above Substitution. RACT VOC emission reductions from storage tank rule LAC 33:III.2103 Attainment Demonstration for the Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786 1-Hour Ozone NAAQS. 2001 Ozone Attainment Date Extension Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786 to 11/15/05. 2001 2005 Motor Vehicle Emissions Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786 Budgets. 2001 Enforceable Transportation Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786 Control Measure Appendix F. 2001 Enforceable commitment to Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786 perform a mid-course review and 2001 submit a SIP and revision by 05/ 01/04. Post 1996 Rate of Progress Plan Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786 Revisions. 2001 15% Rate of Progress Plan Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786 Revisions. 2001 1990 VOC Base Year Inventory Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786 Revisions. 2001 Reasonable Available Control Baton Rouge, LA....... 12/31/ 10/02/02, 67 FR 61786 Measure Analysis. 2001 Air Quality Improvement Plan, 8- Bossier, Caddo and 12/28/ 8/22/05, 70 FR 48880 hour ozone standard attainment Webster Parishes, LA. 2004 demonstration and associated control measures for the Shreveport-Bossier City EAC area. ---------------------------------------------------------------------------------------------------------------- [63 FR 63183, Nov. 12, 1998, as amended at 64 FR 415, Jan. 5, 1999; 64 FR 35939, July 2, 1999; 64 FR 38580, July 19, 1999; 64 FR 72938, Dec. 29, 1999; 66 FR 29493, May 31, 2001; 67 FR 41842, June 20, 2002; 67 FR 60593, 60595, Sept. 26, 2002; 67 FR 60877, 60885, Sept. 27, 2002; 67 FR 61270, Sept. 30, 2002; 67 FR 61801, Oct. 2, 2002; 70 FR 48882, Aug. 22, 2005] § 52.971 Classification of regions. top The Louisiana plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Southern Louisiana-Southeast Texas Interstate............. II I III III I Shreveport-Texarkana-Tyler Interstate..................... II III III III III Monroe-El Dorado Interstate............................... II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10869, May 31, 1972, as amended at 45 FR 9909, Feb. 14, 1980] §§ 52.972-52.974 [Reserved] top § 52.975 Redesignations and maintenance plans; ozone. top (a) Approval. The Louisiana Department of Environmental Quality (LDEQ) submitted redesignation requests and maintenance plans for the areas of Beauregard, Lafourche, and St. Mary Parishes on June 14, 1993. Redesignation requests and maintenance plans were submitted for the areas of Grant and Lafayette on May 25, 1993. The EPA deemed these requests complete on September 10, 1993. Several approvability issues existed, however. The LDEQ addressed these approvability issues in supplemental ozone redesignation requests and revised maintenance plans. These supplemental submittals were received for the areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes on March 27, 1995, December 12, 1994, October 21, 1994, November 18, 1994, and November 23, 1994, respectively. The redesignation requests and maintenance plans meet the redesignation requirements in section 107(d)(3)(E) of the Act as amended in 1990. The redesignations meet the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Louisiana ozone State Implementation Plan for these areas. The EPA therefore approved the request for redesignation to attainment with respect to ozone for the areas of Beauregard, Grant, Lafayette, Lafourche, and St. Mary Parishes on October 17, 1995. (b) Approval—The Louisiana Department of Environmental Quality (LDEQ) submitted a redesignation request and maintenance plan for St. James Parish on May 25, 1993. The EPA deemed this request complete on September 10, 1993. Several approvability issues existed, however. The LDEQ addressed these approvability issues in a supplemental ozone redesignation request and revised maintenance plan. This supplemental submittal was received for St. James Parish on December 15, 1994. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) of the Act as amended in 1990. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Louisiana ozone State Implementation Plan for this parish. The EPA therefore approved the request for redesignation to attainment with respect to ozone for St. James Parish on November 13, 1995. (c) Approval—The Louisiana Department of Environmental Quality (LDEQ) submitted a redesignation request and maintenance plan for the New Orleans CMSA on April 23, 1993. The EPA deemed this request complete on September 10, 1993. Several approvability issues existed, however. The LDEQ addressed these approvability issues in a supplemental ozone redesignation request and revised maintenance plan. This supplemental submittal was received on October 14, 1994. The redesignation request and maintenance plans meet the redesignation requirements in section 107(d)(3)(E) of the Act as amended in 1990. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Louisiana ozone State Implementation Plan for Jefferson, Orleans, St. Bernard, and St. Charles Parishes. The EPA therefore approved the request for redesignation to attainment with respect to ozone for 7Jefferson, Orleans, St. Bernard, and St. Charles Parishes on December 1, 1995. (d) Approval—The Louisiana Department of Environmental Quality submitted a redesignation request and maintenance plan for Pointe Coupee Parish on December 20, 1995. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) of the Act as amended in 1990. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Louisiana ozone State Implementation Plan for Pointe Coupee Parish. The EPA therefore approved the request for redesignation to attainment with respect to ozone for Pointe Coupee Parish on December 20, 1996. (e) Approval—The Louisiana Department of Environmental Quality submitted a redesignation request and maintenance plan for Calcasieu Parish on December 20, 1995. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) of the Act. The redesignation meets the Federal requirements of section 182(a)(1) of the Act as a revision to the Louisiana ozone State Implementation Plan for Calcasieu Parish. The EPA therefore approved the request for redesignation to attainment with respect to ozone for Calcasieu Parish on June 2, 1997. (f) Approval—The Louisiana Department of Environmental Quality (LDEQ) submitted minimal maintenance plans for Lafourche Parish on November 18, 1994. The LDEQ submitted a redesignation request on August 9, 2000. The maintenance plans meet the redesignation requirements in section 107(d)(3)(E) of the Act as amended in 1990. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Louisiana ozone State Implementation Plan for Lafourche Parish. (g) Approval—The Louisiana Department of Environmental Quality (LDEQ) submitted to the EPA a request on December 4, 2000, to revise the Louisiana SIP for Beauregard, St. Mary, Lafayette, and Grant Parishes and the New Orleans Consolidated Metropolitan Statistical Area ozone maintenance area. The revision involves changes to the approved contingency plans. The contingency measures and the schedule for implementation satisfy the requirements of section 175A(d) of the Act. The EPA therefore approved this request on June 20, 2003. [60 FR 43025, Aug. 18, 1995, as amended at 60 FR 47285, Sept. 12, 1995; 60 FR 51360, Oct. 2, 1995; 62 FR 652, Jan. 6, 1997; 62 FR 24038, May 2, 1997; 62 FR 64286, Dec. 5, 1997; 66 FR 66321, Dec. 26, 2001; 68 FR 19375, Apr. 21, 2003] § 52.976 Review of new sources and modification. top (a) Section 6.7 of Regulation 6.0 is disapproved since it could conflict with the preconstruction requirements for the prevention of significant deterioration (PSD) of air quality. (b) Section 6.9 of Regulation 6.0 is disapproved since it could conflict with the preconstruction requirements for the prevention of significant deterioration (PSD) of air quality and the Administrator's Interpretative on Rule of December 21, 1976. [44 FR 18491, Mar. 28, 1979, as amended at 47 FR 6017, Feb. 10, 1982] §§ 52.977-52.985 [Reserved] top § 52.986 Significant deterioration of air quality. top (a) The plan submitted by the Governor of Louisiana on August 14, 1984 (as adopted by the Secretary of Louisiana Department of Environmental Quality (LDEQ) on May 23, 1985), July 26, 1988 (as revised and adopted by the LDEQ on May 5, 1988), and October 26, 1990 (as revised and adopted by the LDEQ on July 20, 1990), LAC:33:III: §509 Prevention of Significant Deterioration (PSD) and its Supplement documents, is approved as meeting the requirements of Part C, Clean Air Act for preventing significant deterioration of air quality. (b) The requirements of sections 160 through 165 of the Clean Air Act are not met for federally designated Indian lands since the plan (specifically LAC: 33:III:509.A.1) excludes all federally recognized Indian lands from the provisions of this regulation. Therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable implementation plan, and are applicable to sources located on land under the control of Indian governing bodies. [56 FR 20139, May 2, 1991, as amended at 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003] § 52.987 Control of hydrocarbon emissions. top (a) Notwithstanding any provisions to the contrary in the Louisiana Implementation Plan, the control measures listed in paragraphs (b) through (n) of this section shall be implemented in accordance with the schedule set forth below. (b) Removal from service of a 10,000 barrel capacity crude oil storage tank at the Belcher Station of the Exxon Pipeline Company, Belcher, Louisiana, with a final compliance date of January 1, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 208 tons per year. (c) Removal from service of a 55,000 barrel capacity crude oil storage tank at the Weller Station of the Exxon Pipeline Company, near Minden, Louisiana, with a final compliance date of January 1, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 263 tons per year. (d) Installation of emission control systems on three 3,000 barrel capacity distillate storage tanks, at the Jones O'Brien Inc., Keatchie, Louisiana, with a final compliance date of January 1, 1978. This shall result in an estimated hydrocarbon emission reduction of at least 23 tons per year. (e) Installation of emission control systems on crude oil storage tanks TK–43, TK–44, T–45 and T–49, and distillate tanks T–46 and T–50 at the Atlas Processing Company, Shreveport, Louisiana with a final compliance date of January 2, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 881 tons per year. (f) Installation of emission control systems on crude oil storage tanks TK–19–74, TK–HC–74, TK–571–74 and TK–15–74 and agreement to store only nonvolatile organic solvent in tanks TK–F2–74, TK–41–74 and TK–40–74 at the Cotton Valley Solvents Company, Cotton Valley, Louisiana with a final compliance date of January 2, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 934 tons per year. (g) Discontinue use of residue gas in pneumatic instrumentation and control systems at the Kerr-McGee Corporation, Devon Corporation, and Eason Oil Company, Calhoun Plant, Calhoun, Louisiana with a final compliance date of July 1, 1978. This shall result in an estimated hydrocarbon emission reduction of at least 21 tons per year. (h) Discontinue use of residue gas in pneumatic instrumentation and control systems with a final compliance date of July 1, 1978, and install emission control systems on distillate storage tanks 2–7 and 2–13 with a final compliance date of January 2, 1980, at the Kerr-McGee Corp., Devon Corp., and Eason Oil Co., Dubach Plant, Dubach, Louisiana. This shall result in an estimated hydrocarbon reduction of at least 367 tons per year. (i) Installation of emission control systems on a 37,500 barrel capacity crude oil storage tank at Cities Service Pipeline Company, Oil City, Louisiana with a final compliance date of February 1, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 208 tons per year. (j) Installation of emission control systems on a 25,000 barrel capacity crude oil storage tank at Cities Service Pipeline Company, Haynesville, Louisiana with a final compliance date of February 1, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 28 tons per year. (k) Installation of emission control systems on a 10,000 barrel capacity crude oil storage tank at Cities Service Pipeline Company, Summerfield, Louisiana with final compliance achieved in August 1977. This shall result in an estimated hydrocarbon emission reduction of at least 162 tons per year. (l) Installation of emission control systems on a 30,000 barrel capacity crude oil storage tank at the Scurlock Oil Company, Lake End, Louisiana, with a final compliance date of January 15, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 90 tons per year. (m) Installation of emission control systems on a 55,000 barrel capacity crude oil storage tank at the Scurlock Oil Company, Dutchtown Oil Field near Minden, Louisiana, with a final compliance date of January 15, 1980. This shall result in an estimated hydrocarbon emission reduction of at least 186 tons per year. (n) Installation of emission control systems on distillate storage tank No. 414 with a final compliance date of September 1, 1979, and the removal from service of tank No. 450 with final compliance achieved on December 1, 1977, at the Texas Eastern Products Pipeline Company, Sarepta, Louisiana. This shall result in an estimated hydrocarbon emission reduction of at least 355 tons per year. [44 FR 15705, Mar. 15, 1979] § 52.988 [Reserved] top § 52.990 Stack height regulations. top The State of Louisiana has committed to submit to EPA a SIP revision whenever a new or revised emission limitation for a specific source exceeds the height allowed by Section 921(A) “Good Engineering Practice (GEP) Stack Height 1 or 2” of the State regulations. A letter from the Secretary of Louisiana Department of Environmental Quality, dated September 23, 1986, stated that: In specific, the State regulation, Section 17.14.2 [now LAC 33: Part III, Section 921(B)], provides that the degree of emission limitation required of any source for control of any air pollutant must not be affected by so much of any source's stack height that exceeds good engineering practice or by any other dispersion technique. In reference to this requirement, the Louisiana Department of Environmental Quality or the Administrative Authority will submit to EPA a SIP revision whenever the Louisiana Department of Environmental Quality adopts a new or revised emission limitation for a specific source that is based on a stack height that exceeds the height allowed by Section 17.14.1(e)(1) [now LAC 33: Part III, Section 921(A) “Good Engineering Practice (GEP) Stack Height 1”] or Section 17.14.1(e)(2) [now LAC 33: Part III, Section 921(A) “Good Engineering Practice (GEP) Stack Height 2”]. [53 FR 36010, Sept. 16, 1988] § 52.991 Small business assistance program. top The Governor of Louisiana submitted on October 22, 1992, a plan revision to develop and implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program to meet the requirements of section 507 of the Clean Air Act by November 15, 1994. The plan commits to provide technical and compliance assistance to small businesses, hire an Ombudsman to serve as an independent advocate for small businesses, and establish a Compliance Advisory Panel to advise the program and report to EPA on the program's effectiveness. [59 FR 32360, June 23, 1994] § 52.992 Area-wide nitrogen oxides exemptions. top (a) The Louisiana Department of Environmental Quality submitted to the EPA on August 5, 1994, a petition requesting that the nonclassifiable ozone nonattainment areas in the State of Louisiana be exempted from the requirement to meet the NOX provisions of the Federal transportation conformity rule. The exemption request was based on monitoring data which demonstrated that the National Ambient Air Quality Standard for ozone had been attained in this area for the 3 years prior to the petition. The parishes for which the NOX exemption was requested include: Beauregard, Grant, Lafayette, Lafourche, Jefferson, Orleans, St. Bernard, St. Charles, St. James, and St. Mary. The EPA approved this exemption request on March 2, 1995. (b) The LDEQ submitted to the EPA on November 17, 1994, a petition requesting that the Baton Rouge serious ozone nonattainment area be exempted from the NOX control requirements of the CAA. In addition, supplemental information was submitted to the EPA by the LDEQ on January 26, 1995, June 6, 1995, and June 16, 1995. The Baton Rouge nonattainment area consists of East Baton Rouge, West Baton Rouge, Pointe Coupee, Livingston, Iberville, and Ascension Parishes. The exemption request was based on photochemical grid modeling which shows that reductions in NOX would not contribute to attainment in the nonattainment area. On January 18, 1996, the EPA approved the State's request for an areawide exemption from the following requirements: NOX new source review, NOX reasonably available control technology, NOX general conformity, and NOX inspection and maintenance requirements. (c) The LDEQ submitted to the EPA on July 25, 1995, a revision to the SIP, pursuant to section 182(b)(1), requesting that the Baton Rouge serious ozone nonattainment area be exempted from the transportation conformity NOX requirements of the CAA. The Baton Rouge nonattainment area consists of East Baton Rouge, West Baton Rouge, Pointe Coupee, Livingston, Iberville, and Ascension Parishes. The exemption request was based on photochemical grid modeling which shows that additional reductions in NOX would not contribute to attainment in the nonattainment area. On February 12, 1996, the EPA approved the State's request for an areawide exemption from the transportation conformity NOX requirements. (d) The LDEQ submitted to the EPA on October 28, 1994, a petition requesting that the Lake Charles marginal ozone nonattainment area be exempted from the NOX control requirements of the Act. The Lake Charles nonattainment area consists of Calcasieu Parish. The exemption request was based on photochemical grid modeling which shows that reductions in NOX would not contribute to attainment in the nonattainment area. On May 27, 1997, the EPA approved the State's request for an area-wide exemption from the following requirements: NOX new source review, NOX general conformity, and NOX transportation conformity requirements. The waiver was granted on the basis of modeling, and ambient air quality data demonstrating the area has attained the ozone NAAQS. (e) On September 24, 2001, and on December 31, 2001, the LDEQ requested that EPA rescind the Baton Rouge section 182(f) and 182(b)(1) NOX exemptions that were approved by EPA, and published in the Federal Register on January 26, 1996 (61 FR 2438), and February 27, 1996 (61 FR 7218). The State based its request on photochemical grid modeling recently performed for the Baton Rouge State Implementation Plan (SIP) which indicates that controlling NOX sources will assist in bringing the Baton Rouge area into attainment with the National Ambient Air Quality Standard (NAAQS) for ozone. On May 7, 2002, EPA proposed approval of the State's request to rescind both NOX exemptions. Based on our review of the State's request and the supporting photochemical grid modeling the NOX exemptions are rescinded on May 5, 2003. [60 FR 5864, Jan. 31, 1995, as amended at 61 FR 2446, Jan. 26, 1996; 61 FR 7221, Feb. 27, 1996; 62 FR 29078, May 29, 1997; 68 FR 23604, May 5, 2003] § 52.993 Emissions inventories. top (a) The Governor of the State of Louisiana submitted the 1990 base year emission inventories for the Baton Rouge (BTR) and Calcasieu Parish (CAL) ozone nonattainment areas on November 16, 1992 as a revision to the State Implementation Plan (SIP). The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for each of these areas. (b) The inventories are for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventories cover point, area, non-road mobile, on-road mobile, and biogenic sources. (c) The BTR nonattainment area is classified as Serious and includes Ascension, East Baton Rouge, Iberville, Livingston, Point Coupee, and West Baton Rouge Parishes; the CAL nonattainment area is classified as Marginal and includes Calcasieu Parish. (d) On December 15, 1995, the Governor of the State of Louisiana submitted a revision to the 1990 base year volatile organic compound (VOC) emissions inventory for the Baton Rouge, Louisiana ozone nonattainment area. The revised inventory was submitted as part of the revised Baton Rouge 15 Percent Rate-of-Progress Plan. This revision to the base year inventory modified the point source VOC emissions. The revisions satisfy the requirements of section 182(a)(1) of the Clean Air Act, as amended in 1990. (e) On January 2, 1997, the Governor of the State of Louisiana submitted a revision to the 1990 base year volatile organic compound (VOC) emissions inventory for the Baton Rouge, Louisiana ozone nonattainment area. The revised inventory was submitted as part of the revised Baton Rouge Post–1996 Rate-of-Progress Plan. This revision to the base year inventory modified the point, area, non-road mobile, on-road mobile, and biogenic sources of VOC emissions. The revisions satisfy the requirements of section 182(a)(1) of the Clean Air Act, as amended in 1990. [60 FR 13911, Mar. 15, 1995, as amended at 64 FR 35941, July 2, 1999] § 52.994 [Reserved] top § 52.995 Enhanced ambient air quality monitoring. top (a) The Governor of the State of Louisiana submitted the photochemical assessment monitoring stations (PAMS) State Implementation Plan (SIP) revision for the Baton Rouge ozone nonattainment area on September 10, 1993. This SIP submittal satisfies 40 CFR 58.20(f), which requires the State to provide for the establishment and maintenance of PAMS. (b) The Baton Rouge ozone nonattainment area is classified as Serious and includes Ascension, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge Parishes. [61 FR 31037, June 19, 1996] § 52.996 Disapprovals. top The State of Louisiana motor vehicle Inspection and Maintenance (I/M) program SIP submittal of August 18, 1995, with later editions, is disapproved based on the failure of the State Legislature to grant legal authority to reauthorize and continuously operate the program until the program is no longer necessary. The Baton Rouge serious ozone nonattainment area is required to have an enhanced I/M program under section 182 of the Clean Air Act (the Act) as amended in 1990. This disapproval initiates the sanction process of section 179(a) of the Act. [62 FR 61634, Nov. 19, 1997; 63 FR 4397, Jan. 29, 1998] § 52.999 Original identification of plan section. top (a) This section identifies the original “The Louisiana Air Control Commission Implementation Plan” and all revisions submitted by Louisiana that were federally approved prior to July 1, 1998. (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Certification that public hearings were held on the State's implementation plan was submitted on February 28, 1972. (Non-regulatory) (2) Response to comments by Region VI on the plan was transmitted by the Louisiana Air Control Commission on May 8, 1972. (Non-regulatory) (3) Revisions to Louisiana Air Control Regulations 6, 8, 18, 19, 22, A22, 27, 28, control strategy for photochemical oxidants-hydrocarbons, prevention of air pollution emergency episodes, source surveillance, and procedures for submission and approval and compliance schedules were submitted by the Governor on July 17, 1972. (4) Revisions concerning the control strategy for photochemical oxidants and hydrocarbon for Region 106 was submitted by the Governor on March 30, 1973. (Regulatory) (5) Revision of Section 6.1 of the State air control regulations was submitted by the Governor on April 25, 1973. (6) A revision concerning the control strategy for particulate matter for the Southern Louisiana-Southeast Texas AQCR was submitted by the Governor on January 2, 1973. (7) Variances to Emission Limiting Regulations adopted by the Louisiana Air Control Commission on October 29, 1975, December 12, 1975, and April 6, 1976, and submitted by the Governor on April 22, 1976. (8) Commission Orders creditable as emission offsets for the GM Plant in Shreveport were submitted by the Governor on January 25, 1978 as amendments to the Louisiana State Implementation Plan. (9) A proposed dedesignation of the Shreveport area as an AQMA for particulate matter was submitted by the Governor on December 9, 1977. (10) An administrative revision of the Air Quality Surveillance Network was submitted by the Louisiana Air Control Commission on April 3, 1978. (Non regulatory) (11) Revisions to Regulation 19.0, Emission Standards for Particulate Matter, as adopted on November 30, 1977, were submitted by the Governor on December 9, 1977. (12) Minor changes and administrative revisions to regulations 2.0, 3.0, 4.0, 5.0, 6.0, 7.0, 8.0, 9.0, 10.0, 11.0, 12.0, 13.0, 14.0, 15.0, 16.0, and 17.0 of the Louisiana SIP were submitted by the Governor on December 9, 1977. (13) A variance to Regulation 19.5 for Kaiser Aluminum & Chemical Corporation at Norco, Louisiana was submitted by the Governor on August 31, 1978. (14) Revisions to the Air Control Regulations 18.1, 18.3, 18.5, 18.6–18.6.2, 18.7, 20.1–20.8, 21.1–21.6.4, 23.0–23.4.2, 24.1–24.5, 24.6.2, 24.7–24.7.3, 24.8, 25.0–25.6.2, 26.0–26.2, 26.4–26.8.2, 27.0–27.5.4, 28.0–28.6.2 and 30.0, as adopted by the Louisiana Air Control Commission on November 30, 1977, were submitted by the Governor on December 9, 1977. (15) Revisions to the plan for attainment of standards for ozone (Part D requirements) were submitted by the Governor on April 30, 1979. (16) Evidence of notice and public hearing for the April 30, 1979 plan was submitted by the Governor on June 20, 1979. (17) Emission inventory information, emission reduction information, a certification of the lack of major degreasing sources, and a commitment to adopt future regulations were submitted by the Louisiana Air Control Commission on August 28, 1979 (non-regulatory). (18) Schedule for the modification and submittal of regulations 22.6 and regulation 6.3.8 were submitted by the Louisiana Air Control Commission on October 11, 1979 (non-regulatory). (19) Regulations 22.17 and 22.18, adopted by the Louisiana Air Control Commission on September 25, 1979 were submitted by the Governor on October 18, 1979. (20) On January 10, 1980, the Governor submitted final revisions to the ambient monitoring portion of the plan. (21) Revised Regulation 22.8(c) was submitted by the Governor on June 20, 1979. This regulation was adopted by the Louisiana Air Control Commission on March 27, 1979. (22) Revised Regulation 22.5 was submitted by the Governor on April 30, 1979. This regulation was adopted by the Louisiana Air Control Commission on March 27, 1979. A second revision to Regulation 22.5 was submitted by the Governor on July 7, 1979, as adopted by the Louisiana Air Control Commission on June 26, 1979. (23) Revised Regulations 6.3.8, 22.3, 22.6.1, 22.6.2, 22.10, and 22.12.4 were submitted by the Governor on December 10, 1979. These regulations were adopted by the Louisiana Air Control Commission on November 27, 1979. A second revision to Regulation 6.3.8 was submitted by the Governor on October 23, 1980. The second revision was adopted by the Louisiana Air Control Commission on September 25, 1980. (24) Revisions to the Air Control Regulations 24.6.1 and 24.7.4, as adopted by the Louisiana Environmental Control Commission on March 27, 1979, were submitted by the Governor on April 30, 1979. (25) Revised Regulations 22.9.2, 22.9.3(b), 22.19, 22.20, 22.21, 22.22 and 22.23 and revised Regulation 4.0 (i.e. sections 4.99 through 4.116) were adopted by the State on November 27, 1979 and submitted by the Governor on December 10, 1979; and revised Regulations 22.3 and 22.20.2 were adopted by the State on July 22, 1980 and submitted by the Governor on September 12, 1980. (26) Revised Regulations 22.9.3(b), 22.20.3, and 22.23.7 were adopted by the State on December 11, 1980 and submitted by the Governor on January 12, 1981; revised Regulation 22.21.2(E) was adopted by the State on April 23, 1981 and submitted by the Governor on June 3, 1981; and, revised Regulation 22.19.2(B) was adopted by the State on June 25, 1981 and submitted by the Governor on July 22, 1981. (27) Revisions to the Air Control Regulations 6.1.1, 18.2, 18.4, 18.6.3, 19.5.1, 24.9.1, 24.9.2, 26.3.1, 26.3.2 and 51.11, as adopted by the Louisiana Environmental Control Commission on September 25, 1980, were submitted by the Governor on October 23, 1980. (28) Revisions to the plan for permit fee systems, interstate pollution abatement, public availability of emission data, maintenance of pay, permit public comment, and public notification of exceedances of the primary national ambient air quality standards (NAAQS), were submitted by the Governor on April 30, 1979. In addition, revised submittals for permit fee schedules were submitted on July 7, 1979; September 12, 1980; October 23, 1980; and January 12, 1981. The September 12, 1980 letter also included a new §51.285 (a), (b) and (c). Finally, the State sent a notification letter on August 7, 1979, which corrected a typographical error in the maintenance of pay revision. (29) A revision to the Air Control Regulations 22.9.3(d) as adopted by the Louisiana Air Control Commission on December 11, 1980, was submitted by the Governor on January 12, 1981. (30) Revisions to the Air Control Regulations 8.5.1, 22.3.1.1, 22.3.1.2, and 22.10, as adopted by the Louisiana Air Control Commission on April 23, 1981, were submitted by the Governor on June 3, 1981. (31) A revision to the Air Control Regulation 22.9.3(a), as adopted by the Louisiana Air Control Commission on May 28, 1981, was submitted by the Governor on June 3, 1981. (32) A revision to the Air Control Regulation 22.3.2, as adopted by the Louisiana Air Control Commission on July 23, 1981, was submitted by the Governor on August 17, 1981. (33) The Louisiana State Implementation Plan for lead and Regulations for—the Control of Air Pollution from lead, 10.0—10.3 and 19A.0, were submitted to EPA on July 27, 1979, by the Governor of Louisiana as adopted by the Louisiana Air Control Commission on July 24, 1979. Letters of Clarification dated January 6, 1982, April 1, 1982 and May 4, 1982 also were submitted. No action is taken on the Baton Rouge area. (34) Section 6.1 of Regulation 6.0 amended and adopted by the Louisiana Environmental Control Commission on October 22, 1981, was submitted by the Governor on November 30, 1981. (35) Revisions to the Air Control Regulations 4.102, 4.110, 22.20.2 and 22.21.2(D), as adopted by the Louisiana Environmental Control Commission on December 11, 1980, were submitted by the Governor on January 12, 1981. (36) [Reserved] (37) Revisions to the Air Control Regulations 4.14, 4.36, 6.6, 22.3.1.1, and 22.3.1.2, as adopted by the Louisiana Environmental Control Commission on February 26, 1981, were submitted by the Governor on March 25, 1981. (38) Revisions to the Air Control Regulations 17.13, 23.4.1.1 and 23.4.4, as adopted by the Louisiana Environmental Control Commission on January 28, 1982, were submitted by the Governor on February 15, 1982. (39) A revision to section 2210 of the Louisiana Air Control Law was submitted to EPA on March 10, 1982. The Section was renamed Section 1077 of the Environmental Affairs Act, by the Louisiana Legislature, and was effective January 1, 1980. (40) The Louisiana State Implementation Plan for lead for the Baton Rouge area was submitted on July 27, 1979, with letters of clarification and revisions dated January 4, 1983, September 15, 1983, September 30, 1983. The final lead control plan was submitted in a letter dated October 31, 1983, as adopted by the Louisiana Air Control Commission on October 20, 1983. (41) Revisions to sections 2.3, 3.1, 3.4, and 4.1 of the Rules and Regulations for the Fee System of the Air Quality Control Program, as adopted by the Louisiana Environmental Control Commission on January 26, 1983, were submitted by the Louisiana Department of Natural Resources (now the Department of Environmental Quality), Air Quality Division, on November 17, 1983. (42) Deletion of Air Control Regulation 14.0, and deletion of hydrocarbon guideline standard from Table 1, 1a, and 2, as adopted by the Louisiana Environmental Control Commission on July 28, 1983, was submitted by the Governor on October 19, 1983. (43) Revisions to the Air Control Regulation 22.22 as adopted by the Louisiana Environmental Control Commission on September 23, 1982, and submitted by the Governor on July 14, 1983. (i) Incorporation by reference. (A) Regulation 22.22.1(A) and 22.22.2(A) Letter dated July 14, 1983, from the State of Louisiana and which change the reference for the test methods from a CTG document to the Louisiana Air Quality Regulations Division's Source Test Manual. These regulations were adopted on September 23, 1982. (44) On October 4, 1985, the Governor submitted a revision entitled, “Protection of Visibility for Mandatory Class I Federal Areas,” July 12, 1985. This submittal included new source review and visibility monitoring strategy as adopted by the Secretary of the Louisiana Department of Environmental Quality in October 1985. (45) On August 14, 1985, the Governor of Louisiana submitted a Prevention of Significant Deterioration (PSD) Plan including Air Quality Regulations—Part V, (sections 90.1–90.19) as adopted by the Secretary of the Department of Environmental Quality on May 23, 1985. Air Quality Regulations—Part V provides authority for the State to implement the PSD program in certain areas of the State. Letters of commitment for air quality modeling (dated September 30, 1985) and Federal stack height and dispersion technique regulation (dated June 3, 1986) were submitted by the Secretary of Louisiana Department of Environmental Quality. (i) Incorporation by reference. (A) Louisiana Air Quality Regulations—Part V, Prevention of Significant Deterioration of Air Quality, except that no provision of this part applies to Indian Reservations meaning any Federally recognized reservation established by Treaty, Agreement,Executive Order, or Act of Congress, as adopted on May 23, 1985. (B) A letter from the Secretary of Louisiana Department of Environmental Quality dated September 30, 1985, which commits the Department to use only the EPA approved air quality models in accordance with the provisions of 40 CFR 51.24(1) [now 40 CFR 51.166(1)] and to submit a stack height and dispersion techniques SIP revision by April 8, 1986. (C) A letter from the Secretary of Louisiana Department of Environmental Quality dated June 3, 1986, which certifies that the Department interprets the provisions of section 90.8 of Louisiana PSD regulations as having the same meaning as the Federal stack height and dispersion technique regulation, 40 CFR 51.1(hh)-(kk) [now 40 CFR 51.100(hh)-(kk)], promulgated by EPA in the Federal Register of July 8, 1985, and that the State will apply, implement, and enforce these requirements in the PSD permitting process. (D) A narrative explanation and additional requirements entitled “Prevention of Significant Deterioration Revisions to the Louisiana State Implementation Plan”. (46) On January 6, 1988, the Governor of Louisiana submitted a revision to the State Implementation Plan (SIP) that contained Air Quality Regulations, LAC 33: Part III, Section 921, Stack Heights, as adopted by the Secretary of the Department of Environmental Quality on December 20, 1987. Section 921, Stack Heights, enables the State to ensure that the degree of emission limitation required for the control of any air pollutant under its SIP is not affected by that portion of any stack height which exceeds GEP or by any other dispersion technique. (i) Incorporation by reference. (A) Louisiana Air Quality Regulations—LAC 33: Part III, Section 921, Stack Heights, as adopted by the Secretary of the Department of Environmental Quality on December 20, 1987. (ii) Other material—none. (47) A revision exempting four rural carbon black plants—Ashland Chemical, Louisa, LA; Cabot Corporation, Centerville, LA; Cabot Corporation, Ville Platte, LA; and Columbian Chemicals, Franklin, LA—from further controls on acetylene emissions as required under Louisiana Air Quality Regulation 22.8 received from the Governor on January 12, 1987, and amended May 13, 1987. (i) Incorporation by reference. (A) A letter dated May 29, 1987, from Martha Madden, Secretary, Louisiana Department of Environmental Quality, to the Governor of Louisiana approving the exemptions from further controls on acetylene emissions for the four rural carbon black plants and ordering each facility to maintain its emissions at or below the levels specified in the attached summary of emissions. (ii) Additional material. (A) A summary of VOC emissions for each of the four rural carbon black plants exempted from further controls on acetylene emissions under Louisiana Air Quality Regulation 22.8. (48) Part II of the Visibility Protection Plan was submitted by the Governor on October 26, 1987. (i) Incorporation by reference. (A) Revision entitled, “Louisiana State Implementation Plan Revision: Protection of Visibility: Proposed Part II Long-Term Strategy, October 26, 1987”. This submittal includes a visibility long-term strategy and general plan provisions as approved and adopted by the Secretary of the Louisiana Department of Environmental Quality on October 26, 1987. (B) Letter dated October 26, 1987, from Secretary of Louisiana Department of Environmental Quality (LDEQ), to the Governor approving the SIP revision. (ii) Additional material. (A) Letter dated June 16, 1988, from Administrator, Air Quality Division, LDEQ, to Chief, SIP/New Source Section (6T–AN), EPA Region 6, committing to make its three-year periodic review report available to the public as well as to EPA. (49) The recodified and revised regulations of the Louisiana Administrative Code, Title 33, Part 3 (LAC:33:III) that were adopted by the State effective December 20, 1987, and submitted by the Governor by letters dated January 6, 1988, and October 4, 1988, for inclusion in the SIP. These regulations include LAC:33:III: Chapters 1, 5, 7, 9, 11, 13, 15, 17, 23, 56, 60, 63, and 65, except LAC:33:III:111 “Particulate matter,” and “Suspended particulate matter,” LAC:33:III:505.J, and LAC:33:III:505.L, which were previously disapproved, and LAC:33:III:6099, which was withdrawn by the Governor. (i) Incorporation by reference. (A) Louisiana Administrative Code, Title 33, Part 3, Chapters 1, 5, 7, 9, 11, 13, 15, 17, 23, 56, 60, 63, and 65 as adopted by Louisiana Department of Environmental Quality on December 20, 1987, except LAC:33:III: section 111 “Particulate matter,” “Suspended particulate matter,” section 505.J, section 505.L, and section 6099. (ii) Additional material.(A) A letter dated December 16, 1987, from Martha Madden, Secretary of the Louisiana Department of Environmental Quality, to the Governor of Louisiana, approving the codified air quality regulations effective December 20, 1987. (50) The Louisiana State Implementation Plan for PM10 as submitted by the Governor in a letter dated July 26, 1988, and adopted by the State effective June 20, 1988. (i) Incorporation by reference. (A) Revisions to the Louisiana Administrative Code, Title 33, Chapter III, Sections 111, 509.B, 509.I.8.a, 709, 1301.B, 1303.A, 1305.A., 1311.B, 1311.C, 1313.C, 1315, 1319.G, 5609.A.1, 5609.A.2, 5609.A.3, and Tables 1, 1a, and 2 of chapter 7 as adopted effective June 20, 1988. (B) A letter dated May 22, 1989, from Mike D. McDaniel, Louisiana Department of Environmental Quality, to William B. Hathaway, U.S. Environmental Protection Agency. (ii) Additional material. (A) A letter dated July 26, 1988, from Paul H. Templet, Secretary, Louisiana Department of Environmental Quality, to the Governor of Louisiana approving the adoption of amendments to the Louisiana Air Quality Regulations to implement the new PM10 standard effective June 20, 1988. (B) A narrative supplement to the Louisiana PM10 submitted by the Governor in a letter dated July 26, 1988. (51) Revision to the Louisiana Lead State Implementation Plan (SIP) submitted by the Governor in a letter dated July 18, 1986. (i) Incorporation by reference. (A) An amended Compliance Order dated January 31, 1986, issued by the Secretary of the State of Louisiana Department of Environmental Quality in the matter of Ethyl Corporation, Baton Rouge, Louisiana. (ii) Additional material. (A) Computer modeling submitted by letter dated May 27, 1988, from Doug Walters, Louisiana Department of Environmental Quality, to Joe Winkler, U.S. Environmental Protection Agency. (B) Explanatory letter dated January 27, 1989, from Gustave Von Bodungen, Louisiana Department of Environmental Quality, to Gerald Fontenot, U.S. Environmental Protection Agency. (52) On October 31, 1983, the Governor submitted a request to revise the Louisiana SIP to include an Alternative Emission Reduction Plan for the Vulcan Materials Company facility located at Geismar, Ascension Parish. A permit was issued by LDEQ on March 24, 1983 (#1829T), but after several revisions, the final permit for the trade is #1829T (M–2), issued July 28, 1989. This Bubble uses credits obtained from installation of a vapor recovery system on a tank farm of five VOC storage tanks in lieu of controls on one process vent and one VOC storage tank. (i) Incorporation by reference. (A) LDEQ Permit number 1829T (M–2), Revision of Bubble Permit—Vulcan Chemicals Company, Geismar, Ascension Parish, Louisiana, issued July 28, 1989. (ii) Additional material. (A) Letter dated June 28, 1989, from the Administrator of the Louisiana Office of Air Quality, giving assurances that the State has resources and plans necessary to strive toward attainment and maintenance of the NAAQS for ozone taking into account the influence of this Bubble on air quality. (53) On May 5, 1986, the Governor submitted a request to revise the Louisiana SIP to include an alternate Emission Reduction Plan for the American Cyanamid Company Fortier Plant located at Westwego, Jefferson Parish. A permit was issued by LDEQ on October 17, 1984 (#1896), but after several revisions, the final permit for the trade is #1896 (M–2), issued July 20, 1989. This Bubble uses credits obtained from the change of service of three storage tanks from VOC to non-VOC usage to offset reductions required by controlling one methanol storage tank. (i) Incorporation by reference. (A) LDEQ permit number 1896 (M–2) issued July 20, 1989, a Revision to Bubble Permit No. 1896 (M–1)—American Cyanamid Company, Westwego, Jefferson Parish, Louisiana. (ii) Additional material. (A) Letter dated June 6, 1989, from the Administrator of the Louisiana Office of Air Quality, giving the State position that the Volatile Organic Compounds that have been shifted out of the emission reduction credit donating tanks have not been shifted elsewhere in the nonattainment area. (B) Letter received by EPA on March 31, 1989, from Mr. Addison Tatum of the State of Louisiana, including calculations for the permit. (54) A revision to allow an alternative emission reduction plan (“bubble”) for the Vista Chemical Company facility in Westlake, Louisiana, as submitted by the Governor on November 22, 1983, and amended by Louisiana Department of Environmental Quality Air Quality Division permit #1828 M–2 issued September 25, 1986. (i) Incorporation by reference. (A) Louisiana Department of Environmental Quality Air Quality Division permit #1828 M–2 issued September 25, 1986. (ii) Additional material.—None. (55) A revision to allow an alternative emission reduction plan [“bubble”] for the Union Carbide facility in Hahnville, Louisiana, as submitted by the Governor on October 19, 1983, and amended by Louisiana Department of Environmental Quality Air Quality Division permit #1836T(M–1) issued April 23, 1987, and revised on May 5, 1990. (i) Incorporation by reference. (A) Louisiana Department of Environmental Quality Air Quality Division permit #1836T(M–1) issued April 23, 1987, and revised on May 5, 1990. (ii) Additional material.—None. (56) Revisions to Louisiana's volatile organic compound regulations were submitted by the Governor on June 13, 1990. (i) Incorporation by reference. (A) Revisions to Title 33, Environmental Quality, Part III. Air, Chapter 21. Control of Emission of Volatile Organic Compounds, Subchapter B. Organic Solvents, Section 2123. Organic Solvents, paragraphs C.6. and D.3., effective February 20, 1990. (57) Revisions to the Louisiana State Implementation Plan for LAC:33:III: Section 509 Prevention of Significant Deterioration (PSD) sections (509)(B) (Baseline Area) (1), 509(B) (Baseline Area) (2), 509(B) (Baseline Concentration) (1), (509)(B) (Baseline Concentration) (1)(b), 509(B) (Baseline Concentration) (2)(a), 509(B) (Baseline Concentration) (2)(b), 509(B) (Baseline Date) (1)(a), 509(B) (Baseline Date) (1)(b), 509(B) (Baseline Date) (2), 509(B) (Baseline Date) (2)(a), 509(B) (Baseline Date) (2)(b), 509(B) (Net Emission Increases) (4), 509(D), and 509(P)(4), as adopted by the Secretary of Louisiana Department of Environmental Quality (LDEQ) on July 20, 1990, were submitted by the Governor on October 26, 1990. (i) Incorporation by reference. (A) LAG:33:III: Section 509 Prevention of Significant Deterioration Sections (509)(B) (Baseline Area) (1), 509(B) (Baseline Area) (2), 509(B) (Baseline Concentration) (1)(a), (509)(B) (Baseline Concentration) (1)(b), 509(B) (Baseline Concentration) (2)(a), 509(B) (Baseline Concentration) (2)(b), 509(B) (Baseline Date (1)(a), 509(B) (Baseline Date) (1)(b), 509(B) (Baseline Date) (2), 509(B) (Baseline Date) (2)(a), 509(B) (Baseline Date) (2)(b), 509(B) (Net Emission Increase) (4), 509(D), and 509(P)(4) as amended on July 20, 1990. (ii) Additional material.—None. (58) Louisiana Air Quality Regulation section 6.6 as revised and adopted by the Louisiana Environmental Control Commission on February 26, 1981, submitted by the Governor on March 25, 1981, and approved by the Environmental Protection Agency on June 9, 1982. (i) Incorporation by reference. (A) Louisiana Air Quality Regulation section 6.6 as revised and adopted by the Louisiana Environmental Control Commission on February 26, 1981, submitted by the Governor on March 25, 1981, and approved by the Environmental Protection Agency on June 9, 1982. (ii) Additional material. (A) Letter dated March 24, 1981, from the Secretary of the Louisiana Department of Natural Resources to the Governor of Louisiana acknowledging approval of Louisiana Air Quality Regulation section 6.6 by the Louisiana Environmental Control Commission effective on February 26, 1981. (59) A revision to the Louisiana State Implementation Plan (SIP) to include revisions to LAC, Title 33, “Environmental Quality,” Part III. Air, Chapter 15. Emission Standards for Sulfur Dioxide, effective April 20, 1992, and submitted by the Governor by cover letter dated August 5, 1992. (i) Incorporation by reference. (A) Revisions to LAC, Title 33, “Environmental Quality,” Part III. Air, Chapter 15. Emission Standards for Sulfur Dioxide, Section 1501, “Degradation of Existing Emission Quality Restricted;” Section 1503, “Emission Limitations;” Table 4, “Emissions—Methods of Contaminant Measurement;” Section 1505, “Variances;” Section 1507, “Exceptions;” Section 1509, “Reduced Sulfur Compounds (New and Existing Sources);” Section 1511, “Continuous Emissions Monitoring;” and Section 1513, “Recordkeeping and Reporting,” effective April 20, 1992. (60) A revision to the Louisiana State Implementation plan (SIP) to include revisions to Louisiana Administrative Code (LAC), Title 33, Environmental Quality, Part III. Air, Chapter 1, Chapter 21, and Chapter 61 as submitted by the Governor on June 13, 1990, October 26, 1990, May 24, 1991, and March 24, 1992. (i) Incorporation by reference. (A) LAC, Title 33, Environmental Quality, Part III. Air, Chapter 21 (December 1987). Control of Emission of Organic Compounds, except section 2105. Storage of Volatile Organic Components (Small Tanks). (B) Revisions to LAC, Title 33, Environmental Quality, Part III. Air, Chapter 1. General Provisions, section 111. Definitions—Administrator, Administrative Authority*, Attainment Areas, Nonattainment Areas, SIP, Volatile Organic Compound, and Chapter 21. Control of Emission of Organic Compounds, Subchapter A. General, section 2103. Storage of Volatile Organic Compounds paragraphs A., C., D.1., D.1.a. through D.1.d., D.2., D.2.a., D.2.b., D.3., E., F., H.1., H.2., I. effective January 20, 1990. (C) Revisions to LAC, Title 33, Environmental Quality, Part III. Air, Chapter 21. Control of Emission of Organic Compounds Subchapter A. General, section 2107. Volatile Organic Compounds-Loading, section 2109. Oil/Water-Separation, paragraphs A.1. through A.4., B. through D., section 2113. Housekeeping, paragraphs A.1 through A.3., A.5., section 2117. Exemptions, section 2119. Variances B., and Subchapter D. Cutback Paving Asphalt section 2127. Cutback Paving Asphalt, paragraphs A., B., C.1., C.2., C.3., D., D.1., D.1.b., D.1.c., D.1.d., and D.2., effective February 20, 1990. (D) Revisions to LAC, Title 33, Environmental Quality, Part III. Air, Chapter 21. Control of Emission of Organic Compounds, Subchapter B. Organic Solvents, section 2123. Organic Solvents, paragraphs C., C.1. through C.5., C.7. through C.9., effective February 20, 1990. (E) Revisions to LAC, Title 33, Environmental Quality, Part III. Air, Chapter 21. Control of Emission of Organic Compounds, Subchapter F. Gasoline Handling, section 2131. Filling of Gasoline Storage Vessels, paragraphs A., B., B.1., B.3., D., D.1., D.4., D.5., E., F., and G., section 2133. Gasoline Bulk Plants paragraphs A., A.1., A.3. through A.6., B., B.3., B.4., C. and D., section 2135. Bulk Gasoline Terminals paragraphs A., B., B.1.a., B.1.a.i., B.1.a.iii., B.1.d., B.2. through B.5., and C. through E., E.1. through E.4., and section 2137. Gasoline Terminal Vapor-Tight Control Procedure. effective July 20, 1990. (F) Revisions to LAC, Title 33, Environmental Quality, Part III. Air, Chapter 21. Control of Emission of Organic Compounds Subchapter A. General, section 2101. Compliance Schedules, section 2115. Waste Gas Disposal paragraphs A., B., C., D., F., G., H., I.1. through I.5., J. through K., section 2121. Fugitive Emission Control paragraphs B., B.1, B.2., C., C.1.b., C.1.b.i., C.1.b.ii., C.1.b.iii., C.1.c, C.2., C.2.b., C.2.b.i., C.4., C.4.c., C.4.d., C.5. and G., Subchapter C. Vapor Degreasers, section 2125. Vapor Degreasers paragraphs A., A.1., A.2., A.2.i. through A.2.m., A.3., A.3.a. through A.3.d., B., B.1., B.7., B.8., C., C.1., C.1.a. through C.1.c., C.1.i., C.1.j., and D. through G., Subchapter E. Perchloroethylene Dry Cleaning Systems, section 2129. Perchloroethylene Dry Cleaning Systems paragraphs A., A.1., A.2., A.2.a. through A.2.c., C., and D., Subchapter H. Graphic Arts, section 2143. Graphic Arts (Printing) by Rotogravure and Flexographic Processes paragraphs A., A.1., A.3., A.5., B., C. and D., Subchapter I. Pharmaceutical Manufacturing Facilities, section 2145. Pharmaceutical Manufacturing Facilities, paragraphs A., A.1., A.1.c., and E. through G. effective November 20, 1990. (G) Revisions to LAC, Title 33, Environmental Quality, Part III. Air, Chapter 21. Control of Emissions of Organic Compounds Subchapter A. General, section 2103. Storage of Volatile Organic Compounds paragraphs B.,D., D.2.c. through D.2.e., G., H.3., I.2.c., I.4. and I.5., section 2107. Volatile Organic Compounds-Loading paragraphs D.3. and D.4., section 2109. Oil/Water Separation paragraphs A., B.4., and B.5., section 2111. Pumps and Compressors, section 2113. Housekeeping paragraph A.4., section 2119. Variances paragraph A.; Subchapter D. Cutback Paving Asphalt, section 2127. Cutback Paving Asphalt paragraphs C. and D.1.a. effective April 20, 1991. (H) Revisions to LAC, Title 33, Environmental Quality, Part III. Air, Chapter 21. Control of Emission of Organic Compounds, section 2115. Waste Gas Disposal paragraphs I., K., and K.4., section 2121. Fugitive Emission Control paragraphs A., C.1., C.1.b.iv. through C.1.b.vi., C.4.a., C.4.b., C.4.h., D., D.1., D.1.b. through D.1.f., and D.2., seciton 2123. Organic Solvents paragraphs A., A.1. through A.3., B., B.1., B.1.a. through B.1.c., C.11., D., D.1. through D.9., E., E.1. through E.7., F., and F.1. through F.4., Subchapter F. Gasoline Handling, section 2131. Filling of Gasoline Storage Vessels paragraphs D.2. and D.3., section 2135. Bulk Gasoline Terminals paragraph E.5., Subchapter G-Petroleum Refinery Operations, section 2139. Refinery Vacuum Producing Systems paragraphs A. and B. and section 2141. Refinery Process Unit Turnarounds effective July 20, 1991. (I) Revisions to LAC, Title 33, Environmental Quality, Part III. Air, Chapter 61. Division's Sources Test Manual, Subchapter A. Method 43–Capture Efficiency Test Procedures section 6121 through section 6131 effective July 20, 1991. (J) Revisions to LAC, Title 33, Environmental Quality, Part III. Air Chapter 1. General Provisions, section 111. Definitions-Coating, Department, Distance from Source to Property Line, Exceedance, Hydrocarbon, Leak, Miscellaneous Metal Parts and Products Coating, Nonattainment Area, Ozone Exceedance, SIP effective August 20, 1991. (61) A revision to the Louisiana SIP to include revisions to LAC, Title 33, “Environmental Quality,” Part III. Air, Chapter 21, Control of Emission of Organic Compounds, Section 2132—Stage II Vapor Recovery Systems for Control of Vehicle Refuelling Emissions at Gasoline Dispensing Facilities effective November 20, 1992, and submitted by the Governor by cover letter dated November 10, 1992. (i) Incorporation by reference. (A) Revisions to LAC, Title 33, “Environmental Quality,” Part III. Air, Chapter 21, Control of Emission of Organic Compounds, Section 2132—Stage II Vapor Recovery Systems for Control of Vehicle Refuelling Emissions at Gasoline Dispensing Facilities, effective November 20, 1992; and Chapter 65, Section 6523—Fee Schedule Listing, effective November 20, 1992. (ii) Additional materials. (A) November 15, 1993, narrative plan addressing: Legal authority, control strategy, compliance schedules, air quality surveillance, public notice, determination of regulated universe, Louisiana Department of Environmental Quality recordkeeping, facility recordkeeping, annual in-use above ground inspections, program penalties, training, and benefits. (62) Alternative emission reduction (bubble) plan for the Dow Chemical facility located in Plaquemine, Iberville Parish, as adopted by the Louisiana Environmental Control Commission on July 28, 1983, submitted by the Governor on October 19, 1983, and amended by the Louisiana Department of Environmental Quality with permit number 1838T(M–2) issued on October 16, 1991. (ii) Incorporation by reference. (A) Permit number 1838T(M–2) as issued by the Louisiana Department of Environmental Quality on October 16, 1991. (ii) Additional material. (A) Letter dated September 17, 1991, from the Administrator of the Office of Air Quality at the Louisiana Department of Environmental Quality to the Chief of the Planning Section at the Air Programs Branch of the U.S. Environmental Protection Agency—Region 6, furnishing State assurances. (63) The State is required to implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM) as specified in the plan revision submitted by the Governor on October 22, 1992. This plan submittal, as adopted by the Secretary of the Louisiana Department of Environmental Quality (LDEQ) on October 22, 1992, was developed in accordance with section 507 of the Clean Air Act (CAA). (i) Incorporation by reference. (A) Enrolled House Bill No. 1319 (Act 1037, Regular Session, 1992), signed into law by the Governor on July 13, 1992, and effective upon signature, enacting Louisiana Revised Statutes (R.S.) 30:2061 and 2062 and R.S. 36:239(H). Included in Act 1037 are provisions establishing a small business stationary source compliance assistance program; creating the State Ombudsman Office for small business; creating a Compliance Advisory Panel (CAP); establishing membership of the CAP; and establishing CAP powers, duties, and functions. (B) Louisiana R.S. 30:2060N.(6), “Toxic air pollutant emission control program”, (the small business stationary source technical and environmental compliance assistance program subsection), as in effect on October 22, 1992. (C) State of Louisiana Executive Order No. EWE 92–4 dated February 10, 1992, and effective upon signature, creating and establishing an Office of Permits within the Executive Department, Office of the Governor. (D) Letter from Louisiana Governor Edwards to Mr. Kai Midboe, Secretary, LDEQ, dated February 20, 1992, designating the Governor's Office of Permits as the official State office to serve as Ombudsman for the PROGRAM per the mandate of section 507 of the Federal CAA. The Coordinator of the Office of Permits will be responsible for administering the Small Business Ombudsman portion of the PROGRAM. (ii) Additional material. (A) Narrative SIP Revision entitled, “Louisiana SIP, Concerning CAA Amendments of 1990, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance (Program); November 15, 1992.” (B) “State of Louisiana Memorandum of Understanding Between the Governor's Office of Permits and the Louisiana Department of Environmental Quality”, signed (and effective) on April 7, 1992, by Mr. Kai David Midboe, Secretary, LDEQ, and Ms. Martha A. Madden, Coordinator, Governor's Office of Permits. (C) Legal opinion letter dated October 22, 1992, from James B. Thompson, III, Assistant Secretary for Legal Affairs and Enforcement, LDEQ, to Mr. B. J. Wynne, Regional Administrator, EPA Region VI, regarding “Appointment to Small Business Advisory Panel”. (64) Revisions to the Louisiana SIP addressing VOC RACT catch-up requirements were submitted by the Governor of Louisiana by letters dated December 21, 1992, and April 14, 1993. (i) Incorporation by reference. (A) Revisions to LAC, Title 33, Environmental Quality, Part III. Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. General; section 2103. Storage of Volatile Organic Compounds, paragraphs G., I., I.4.; section 2109. Oil/Water Separation, paragraph B.4.; Subchapter B. Organic Solvents; section 2123. Organic Solvents, paragraph D.6.; Subchapter C. Vapor Degreasers; section 2125. Vapor Degreasers, paragraph D.; Subchapter F. Gasoline Handling; section 2131. Filling of Gasoline Storage Vessels, paragraphs D., D.1., D.3., G.; section 2135. Bulk Gasoline Terminals, paragraph A.; Subchapter H. Graphic Arts; section 2143. Graphic Arts (Printing) by Rotogravure and Flexographic Processes, paragraph B, as adopted by LDEQ on October 20, 1992. (B) Revisions to LAC, Title 33, Environmental Quality, Part III. Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. General; section 2115. Waste Gas Disposal, introductory paragraph, paragraphs H., H.1., H.1.a through H.1.d, H.2, H.2.a, H.2.b, H.3, L., as adopted by LDEQ on March 20, 1993. (ii) Additional material. (A) Letters dated November 10, 1992 and December 21, 1992, signed by Edwin Edwards, Governor of Louisiana. (B) Letter dated April 14, 1993, signed by Edwin Edwards, Governor of Louisiana. (C) Letter of negative declaration dated March 29, 1994, signed by Gustave Von Boduungen, P.E., Assistant Secretary, LDEQ. (65) Revisions to the Louisiana Department of Environmental Quality Regulation Title 33, Part III, Chapter 9, Section 919, (February 2, 1993), and a technical correction (October 20, 1994). These revisions are for the purpose of implementing an emission statement program for stationary sources within the ozone nonattainment areas. (i) Incorporation by reference. (A) Revisions to LAC, title 33, Part III, Chapter 9, General Regulations on Control of Emissions and Emissions Standards, Section 919, Emission Inventory, adopted in the Louisiana Register, Vol. 19, No. 2, 184–186, February 20, 1993. All subsections except B.2.a. and B.2.d. (B) Revisions to LAC, title 33, Part III, Chapter 9, General Regulations on Control of Emissions and Emissions standards, Section 919, Emission Inventory, adopted in the Louisiana Register, Vol 20, No. 10, 1102, October 20, 1994. Subsections B.2.a. and B.2.d. (66) Revisions to the Louisiana Department of Environmental Quality Regulation Title 33, Part III, Chapter 2, Section 223 and Chapter 19, Sections 1951–1973. These revisions are for the purpose of implementing a Clean Fuel Fleet Program to satisfy the Federal requirements for a Clean Fuel Fleet Program to be part of the SIP for Louisiana. (i) Incorporation by reference. (A) Revision to LAC, Title 33, Part III, Chapter 2, Rules and Regulations for the Fee System of the Air Quality Control Programs, Section 223, Fee Schedule Listing, adopted in the Louisiana Register, Vol. 20, No. 11, 1263, November 20, 1994. (B) Revision to LAC, Title 33, Part III, Chapter 19, Mobile Sources, Subchapter B, Clean Fuel Fleet Program, Sections 1951–1973, adopted in the Louisiana Register, Vol. 20, No. 11, 1263–1268, November 20, 1994. (67) A revision to the Louisiana State Implementation Plan for General Conformity: LAC 33:III. CHAPTER 14. SUBCHAPTER A “Determining Conformity of General Federal Actions to State or Federal Implementation Plan” as adopted by the Louisiana Department of Environmental Quality Secretary and published in the Louisiana Register, Vol. 20, No. 11, 1268, November 20, 1994, was submitted by the Governor on November 10, 1994. (i) Incorporation by reference. (A) Louisiana General Conformity: LAC 33:III. CHAPTER 14. SUBCHAPTER A “Determining Conformity of General Federal Actions to State or Federal Implementation Plan” as adopted by the Louisiana Department of Environmental Quality Secretary and published in the Louisiana Register, Vol. 20, No. 11, 1268, November 20, 1994. (68) A revision to the Louisiana SIP addressing the nonattainment NSR program for Louisiana was submitted by the Governor of Louisiana on March 3, 1993, and November 15, 1993. (i) Incorporation by reference. (A) Revision to LAC, Title 33, Part III. Air, Chapter 5. Permit Procedures, by the addition of Section 504. Nonattainment New Source Review Procedures, as promulgated in the Louisiana Register, Volume 19, Number 2, 176–183, February 20, 1993; effective February 20, 1993, and submitted by the Governor on March 3, 1993. (B) Revisions to LAC, Title 33, Part III. Air, Chapter 5. Permit Procedures, Section 504. Nonattainment New Source Review Procedures, Subsections: A., Applicability, Paragraphs A(1), A(2), A(3), A(4); D., Nonattainment New Source Requirements, Paragraph D(4); Delete G., Permit Procedures, Public Participation and Notification; Reletter H., Definitions, to G., and revise definitions for Major Modification (paragraphs: a., c.iii, c.iv, c.v.(a)(b), c.vi, c.vii), Major Stationary Source (paragraphs: a., d.i); Delete Table 1; Renumber Table 2, Major Stationary Source/Major Modification Emission Thresholds, to Table 1, and revise Footnote 1., as promulgated in the Louisiana Register, Volume 19, Number 11, 1420–1421, November 20, 1993; effective November 20, 1993, and submitted by the Governor on November 4, 1993. (ii) Additional material. (A) Letter dated January 7, 1994, signed by the Governor of Louisiana, which clarifies that section 504 is to be reviewed under the SIP program. (69) The Governor of Louisiana submitted revisions to Regulation Louisiana Administrative Code on March 22, 1995 to incorporate changes in the Federal PSD permitting regulations for PM–10 increments. (i) Incorporation by reference. (A) Revisions to Regulation Louisiana Administrative Code 33:III.Chapter 5, Section 509, effective February 20, 1995: Section B. Definitions: Baseline Date; Section B. Definitions: Net Emissions Increase; Section D. Ambient Air Increments; Section I.8.a.; Section K.2.; and Section P.4. (70) The Louisiana Department of Environmental Quality submitted a redesignation request and maintenance plan for Pointe Coupee Parish on December 20, 1995. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) of the Act as amended in 1990. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Louisiana ozone State Implementation Plan for Pointe Coupee Parish. The EPA therefore approved the request for redesignation to attainment with respect to ozone for Pointe Coupee Parish on December 20, 1996. (i) Incorporation by reference. Letter dated August 31, 1995, from Mr. Gustave Von Bodungen, P.E., Assistant Secretary, Louisiana Department of Environmental Quality, transmitting a copy of the Pointe Coupee Parish maintenance plan for the EPA's approval. (ii) Additional material. (A) Letter dated August 28, 1995, from Governor Edwin E. Edwards of Louisiana to Ms. Jane Saginaw, Regional Administrator, requesting the reclassification and redesignation of Pointe Coupee Parish to attainment for ozone. (B) The ten year ozone maintenance plan, including emissions projections and contingency measures, submitted to EPA as part of the Pointe Coupee Parish redesignation request on December 20, 1995. (71) A revision to the Louisiana SIP addressing the 15 percent rate-of-progress requirements was submitted by the Governor of Louisiana by cover letter dated December 15, 1995. This revision, submitted to satisfy the requirements of section 182(b) of the Clean Air Act (Act), will aid in ensuring that reasonable further progress is made towards attaining the national ambient air quality standard (NAAQS) for ozone. (i) Incorporation by reference. (A) Revisions to LAC, Title 33, Environmental Quality, Part III. Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. General; section 2108. Marine Vapor Recovery, paragraphs B.1., B.2., B.3., B.3.a. through B.3.d., B.4.a., B.4.b., B.5., B.6., D.1.a., D.1.a.i., D.1.a.ii., D.1.b., D.2., D.3., D.4.a., D.4.b., D.4.c., D.4.c.i., D.4.c.ii., D.4.d., D.4.e., D.4.e.i., D.4.e.ii., D.4.f., D.4.g., E.2., E.2.a. through E.2.c., F.1., F.2., F.3., G.1., G.2., as adopted by LDEQ on October 20, 1988. (B) Revisions to LAC, Title 33, Environmental Quality, Part III. Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. General; section 2108. Marine Vapor Recovery, paragraphs A., B. Definitions-Barge, Crude Oil, Gasoline, Ship, C., C.1., C.2., C.3., C.3.a. through C.3.d. (note: paragraphs B.1., B.2., B.3., and B.3.a. through B.3.d., as adopted on October 20, 1988, were moved to C.1., C.2., C.3., and C.3.a. through C.3.d. without repromulgating), C.4., C.4.a., C.4.b., C.5., C.6. (note: paragraphs B.4.a., B.4.b., B.5., and B.6., as adopted on October 20, 1988, were moved to C.4.a., C.4.b., C.5., and C.6. without repromulgating), D.1., D.1.a. through D.1.c., D.2., D.2.a. through D.2.c., D.3., E., E.1., E.1.a., E.1.a.i., E.1.a.ii., E.1.b., E.2., E.3. (note: D.1.a., D.1.a.i., D.1.a.ii., D.1.b., D.2., and D.3., as adopted October 20, 1988, were moved to E.1.a., E.1.a.i., E.1.a.ii., E.1.b., E.2., and E.3. without repromulgating), E.4., E.4.a., E.4.b., E.4.c., E.4.c.i., E.4.c.ii., E.4.d., E.4.e., E.4.e.i., E.4.e.ii., E.4.f., E.4.g. (note: D.4.a., D.4.b., D.4.c., D.4.c.i., D.4.c.ii., D.4.d., D.4.e., D.4.e.i., D.4.e.ii., D.4.f., and D.4.g, as adopted on October 20, 1988, were moved to E.4.a., E.4.b., E.4.c., E.4.c.i., E.4.c.ii., E.4.d., E.4.e., E.4.e.i., E.4.e.ii., E.4.f., and E.4.g. without repromulgating), E.5., F., F.1., F.2., F.2.a. through F.2.e. (note: E.2. and E.2.a. through E.2.c., as adopted on October 20, 1988, were moved to F.2. and F.2.a through F.2.c. without repromulgating), G., G.1., G.2., G.3. (note: F.1., F.2., and F.3., as adopted October 20, 1988, were moved to G.1., G.2., and G.3. without repromulgating), H., H.1., H.2. (note: G.1. and G.2., as adopted on October 20, 1988, were moved to H.1. and H.2. without repromulgating), as adopted by LDEQ on November 20, 1990. (C) Revisions to LAC, Title 33, Environmental Quality, Part III. Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. General; section 2122. Fugitive Emission Control for Ozone Nonattainment Areas, paragraphs A., A.1. through A.5., A.6., A.6.a. through A.6.d., B. Definitions-Connector, Good Performance Level, Heavy Liquid Service, Inaccessible Valve/Connector, In Vacuum Service, Light Liquid, Light Liquid Service, Liquid Service, Process Unit, Process Unit Shutdown, Unrepairable Component, C., C.1., C.1.a. through C.1.c., C.2. through C.5., D., D.1., D.1.a., D.1.a.i., D.1.a.ii., D.1.b., D.1.b.i. through D.1.b.v., D.1.c. through D.1.e., D.2., D.2.a., D.2.b., D.2.b.i. through D.2.b.iii., D.3., D.3.a. through D.3.d., D.4., D.4.a. through D.4.k., D.5., E.1.a. through E.1.f., E.2., E.3., E.3.a., E.3.a.i. through E.3.a.v., E.3.b., E.3.b.i. through E.3.b.v., F., F.1., F.2., F.2.a. through F.2.j., F.3., G., G.1. through G.13., as adopted by LDEQ on October 20, 1994. (D) Revisions to LAC, Title 33, Environmental Quality, Part III. Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. General; section 2122. Fugitive Emission Control for Ozone Nonattainment Areas, paragraphs E., E.1., E.1.g., as adopted by LDEQ on November 20, 1994. (E) Revisions to LAC, Title 33, Environmental Quality, Part III. Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. General; section 2103. Storage of Volatile Organic Compounds, paragraphs A., B., D.1., D.1.a. through D.1.d., D.2., D.2.a. through D.2.e., E., F., G., G.1. through G.4., H., H.1., H.2., H.2.a. through H.2.e., H.3., I., I.1., I.2., I.2.a. through I.2.c., I.3. through I.5., as adopted by LDEQ on December 20, 1994. (F) Revisions to LAC, Title 33, Environmental Quality, Part III. Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. General; section 2103. Storage of Volatile Organic Compounds, paragraphs C., D., D.3., as adopted by LDEQ on November 20, 1995. (G) Revisions to LAC, Title 33, Environmental Quality, Part III. Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter A. General; section 2103. Storage of Volatile Organic Compounds, paragraph D.4., as adopted by LDEQ on December 20, 1995. (H) Reasonable Further Progress Agreed To Order, dated December 16, 1994, issued by the Assistant Secretary of the State of Louisiana Department of Environmental Quality in the matter of BASF Corporation, Geismar, Louisiana. (I) Reasonable Further Progress Agreed To Order, dated August 22, 1994, issued by the Assistant Secretary of the State of Louisiana Department of Environmental Quality in the matter of CosMar Company, Inc., Carville, Louisiana. (J) Reasonable Further Progress Agreed To Order, dated September 26, 1994, issued by the Assistant Secretary of the State of Louisiana Department of Environmental Quality in the matter of Shell Chemical Company, Geismar, Louisiana. (K) Reasonable Further Progress Agreed To Order, dated September 8, 1994, issued by the Assistant Secretary of the State of Louisiana Department of Environmental Quality in the matter of Uniroyal Chemical Company, Inc., Geismar, Louisiana. (L) Reasonable Further Progress Agreed To Order, dated September 8, 1994, issued by the Assistant Secretary of the State of Louisiana Department of Environmental Quality in the matter of Vulcan Chemicals, Geismar, Louisiana. (M) SIP narrative plan entitled, “Revision to the 15% Rate of Progress Plan and 1990 Emissions Inventory,” dated December 28, 1995, page 11, Section 2.2, 1996 Target Level Emissions, first paragraph; page 23, Section 5, Table 2—Reductions in Plan; page 173, Appendix G, table—Reductions from Industrial Sources through 1996 Used for the 15% Requirement, which ends on page 174. (ii) Additional materials. (A) SIP narrative plan entitled, “Revision to 15% Rate of Progress Plan and 1990 Emissions Inventory,” submitted by the Governor of Louisiana on December 15, 1995, except Section 6. Contingency Measures Documentation, Appendix M. Contingency Reductions Documentation, and Appendix N. Banking Regulations. (B) Letter dated May 3, 1996, from Gustave Von Bodungen, Louisiana Department of Environmental Quality, to Thomas Diggs, U.S. Environmental Protection Agency, transmitting supplemental documentation for the 15 Percent Rate of Progress Plan. (72) Revisions to the Louisiana SIP addressing VOC RACT Negative Declarations. The Governor of Louisiana submitted the negative declarations for reasonably available control technology (RACT) for the Baton Rouge ozone nonattainment area on December 15, 1996. Section 172(c)(1) of the Clean Air Act requires nonattainment areas to adopt, at a minimum, RACT to reduce emissions from existing sources. Pursuant to section 182(b)(2) of the Act, for moderate and above ozone nonattainment areas, the EPA has identified 13 categories for such sources and developed the Control Technique Guidelines (CTGs) or Alternate Control Techniques (ACTs) documents to implement RACT at those sources. When no major volatile organic compound (VOC) sources for a CTG/ACT category exist in a nonattainment area, a State may submit a negative declaration for that category. Louisiana's submittal included two negative declaration letters from Mr. Gustave Von Bodungen to Ms. Karen Alvarez dated April 6, 1994, and June 20, 1994, for the following source categories: offset lithography, plastic parts-business machines, plastic parts-others, wood furniture, aerospace coatings, autobody refinishing, and shipbuilding coatings/repair. This submittal satisfies section 182(b)(2) of the Clean Air Act Amendments of 1990 for these particular CTG/ACT source categories for the Baton Rouge ozone nonattainment area. (i) Incorporation by reference. The letter dated December 15, 1995, from the Governor of Louisiana to the Regional Administrator, submitting a revision to the Louisiana SIP for VOC RACT rules, which included VOC RACT negative declarations. (ii) Additional material. (A) The negative declaration letter dated April 16, 1994, from Mr. Gustave Von Bodungen to Ms. Karen Alvarez. (B) The negative declaration letter dated June 20, 1994, from Mr. Gustave Von Bodungen to Ms. Karen Alvarez. (73) The Louisiana Department of Environmental Quality submitted a redesignation request and maintenance plan for Calcasieu Parish on December 20, 1995. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) of the Act. The redesignation meets the Federal requirements of section 182(a)(1) of the Act as a revision to the Louisiana ozone State Implementation Plan for Calcasieu Parish. The EPA therefore approved the request for redesignation to attainment with respect to ozone for Calcasieu Parish on June 2, 1997. (i) Incorporation by reference. Letter dated December 20, 1995, from Governor Edwin E. Edwards of Louisiana to Ms. Jane Saginaw, Regional Administrator, transmitting a copy of the Calcasieu Parish maintenance plan and requesting the redesignation of Calcasieu Parish to attainment for ozone. (ii) Additional material.The ten year ozone maintenance plan, including emissions projections and contingency measures, submitted to EPA as part of the Calcasieu Parish redesignation request on December 20, 1995. (74) Revisions to the Louisiana Department of Environmental Quality Regulation Title 33, Part III, Chapter 21, Control of Emission of Organic Compounds, submitted by the Governor on December 15, 1995. (i) Incorporation by reference. (A) LAC, Title 33, Part III, Chapter 21, Section 2147, Limiting Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations in the Synthetic Organic Chemical Manufacturing Industry, adopted in the Louisiana Register on April 20, 1995 (LR 21:380). (B) LAC, Title 33, Part III, Chapter 21, Section 2149, Limiting Volatile Organic Compound Emissions from Batch Processing, adopted in the Louisiana Register on April 20, 1995 (LR 21:387). (C) LAC, Title 33, Part III, Chapter 21, Section 2151, Limiting Volatile Organic Compound Emissions from Cleanup Solvent Processing, adopted in the Louisiana Register on April 20, 1995 (LR 21:391). (ii) Additional material. (A) Letter of negative declaration for wood furniture dated January 21, 1997, from the State of Louisiana Department of Environmental Quality. (75) A revision to the Louisiana State Implementation Plan for General Conformity: LAC 33:III. Chapter 14. Subchapter A “Determining Conformity of General Federal Actions to State or Federal Implementation Plan,” Section 1405.B as adopted by the Louisiana Department of Environmental Quality Secretary and published in the Louisiana Register, Vol. 23, No. 6, 720, June 20, 1997, was submitted by the Governor on September 8, 1997. (i) Incorporation by reference. (A) Louisiana General Conformity: LAC 33:III. Chapter 14. Subchapter A “Determining Conformity of General Federal Actions to State or Federal Implementation Plan”, Section 1405.B as adopted by the Louisiana Department of Environmental Quality Secretary and published in the Louisiana Register, Vol. 23, No. 6, 720, June 20, 1997. (76) [Reserved] (77) Revisions to the Louisiana Administrative Code, Title 33, Part III, Chapter 21, Section 2149 (LAC 33:III.2149), “Limiting Volatile Organic Compound Emissions from Batch Processing,” submitted by the Governor on March 23, 1998. (i) Incorporation by reference. LAC 33:III Chapter 21, revised paragraph 2149.A.2.b; paragraphs 2149.C.2.a, b, and c become paragraphs 2149.C.2.d, e, and f respectively; and add new paragraphs 2149.C.2.a, b, and c, as adopted in the Louisiana Register on November 20, 1997 (LR 23:1507). (ii) Additional material.None. (78) [Reserved] (79) Site-specific revision to the 15% Rate-of-Progress plan submitted by the Governor in a letter dated December 20, 1997. The revision provides for a schedule extension for installation of guide pole sliding cover gaskets on 33 external floating roof tanks located at the Baton Rouge refinery of Exxon Company U.S.A. (i) Incorporation by reference. Letters dated July 17, 1997, and September 12, 1997, from the LDEQ to Exxon Company U.S.A. approving the compliance date extension; which are included in the State Implementation Plan submittal entitled, “Summary of 15% Rate-of-Progress State Implementation Plan Revision,” dated December 20, 1997. (ii) Additional material. (A) Letter from the Governor of Louisiana dated December 20, 1997, transmitting a copy of the State Implementation Plan revision. (B) Letters dated November 13, 1996; May 14, 1997; and July 3, 1997; from Exxon Company U.S.A. to the LDEQ requesting the compliance date extension and including a list of the subject tanks, the date of the next maintenance downtime, and emissions estimates for the tanks; which are included in the State Implementation Plan submittal entitled, “Summary of 15% Rate-of-Progress State Implementation Plan Revision,” dated December 20, 1997. [37 FR 10869, May 31, 1972. Redesignated at 63 FR 63183, Nov. 12, 1998] Subpart U—Maine top § 52.1019 [Reserved] top § 52.1020 Identification of plan. top (a) Title of plan: “Implementation Plan for the Achievement of National Air Quality Standards.” (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Miscellaneous non-regulatory changes to the plan submitted on March 17, 1972, by the Environmental Improvement Commission for the State of Maine. (2) Regulation 10.8.4(g) establishing compliance schedules for sources in Maine submitted on July 28, 1972, by the Environmental Improvement Commission for the State of Maine. (3) A revision removing fuel burning sources with a maximum heat input from three million up to 10 million BTU/hr from the particulate matter control strategy submitted on March 29, 1973, by the Governor. (4) Changes in the Open Burning Regulation 100.2 submitted on September 4, 1973, by the State of Maine Department of Environmental Protection. (5) An AQMA proposal submitted on June 26, 1974, by the Governor. (6) Revision to incinerator particulate emission standard, submitted on August 26, 1976 by the Commissioner of the Maine Department of Environmental Protection, which would exempt woodwaste cone burners from the plan until 1980. (7) Revision to incinerator particulate emission standard, submitted on November 18, 1976 by the Commissioner of the Maine Department of Environmental Protection, which would exempt municipal waste cone burners from the plan. (8) Revision to open burning regulation submitted on December 7, 1976 by the Commissioner of the Maine Department of Environmental Protection. (9) Revisions to Chapter 5—State Implementation Plan Air Quality Surveillance, and Chapter 6—Revision of New Sources and Modifications, submitted by the Governor on March 10, 1978. (10) Plans to meet various requirements of the Clean Air Act, including Part C, were submitted on May 1, 1979, October 26, 1979 and December 20, 1979. Included in the revisions is a plan for review of construction and operation of new and modified major stationary sources of pollution in attainment areas. (11) Attainment plans to meet the requirements of Part D and the Clean Air Act, as amended in 1977, were submitted on May 1, 1979; October 26, 1979; December 20, 1979; July 9, 1980; July 31, 1980; December 18, 1980; March 17, 1981. Included are plans to attain: The secondary TSP standard for Augusta, Thomaston, Bangor and Brewer; the primary and secondary SO2 standard for Millinocket; the carbon monoxide standard for Lewiston and Bangor and the ozone standard for AQCRS 107 and 110. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions are also included. (12) A plan to provide for public involvement in federally funded air pollution control activities was submitted on May 28, 1980. (13) Revisions to Chapter 5—State Implementation Plan—Air Quality Surveillance, intended to meet requirements of 40 CFR part 58, were submitted by the Commissioner of the Maine Department of Environmental Protection on July 1, 1980. (14) Revisions to attain and maintain the NAAQS for lead were submitted on August 7, and November 5, 1980. (15) A revision to Regulation 100.6 (Chapter 106) “Low Sulfur Fuel Regulation” for the Metropolitan Portland Air Quality Control Region, submitted by the Governor of Maine on August 25, 1977. (16) Department Regulation Chapter 112, Petroleum Liquid Transfer Vapor Recovery, is amended to exempt the town of Searsport, Maine from this regulation. This amendment was submitted by Henry E. Warren, Commissioner of the Department of Environmental Protection on October 23, 1981, in order to meet Part D requirements for ozone. (17) Regulatory revisions to the plan containing changes to Chapter 101 “Visible Emissions Regulation” submitted August 7, 1980. (18) On May 12, 1982 and February 11, 1983 the Maine Department of Environmental Protection submitted an emission limit contained in an air emissions license which requires Pioneer Plastics, Auburn, Maine to reduce its volatile organic compound emissions by at least 85%. (19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the Maine Department of Environmental Protection submitted revisions to Chapter 103 “Fuel Burning Equipment Particulate Emission Standard.” (20) A plan to attain the primary TSP standard in Lincoln, consisting of particulate emission limitations contained in an air emission license issued to the Lincoln Pulp and Paper Company, Inc., submitted by the Commissioner of the Maine Department of Environmental Protection on December 18, 1984. (21) A revision to approve the deletion of Thomaston from the list of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter 113, submitted by the Commissioner on February 20, 1986. (22) Revision to federally-approved regulation Chapter 112, Petroleum Liquids Transfer Vapor Recovery [originally approved on February 19, 1980, see paragraph (c)(11), of this section, was submitted on August 4, 1986, by the Department of Environmental Protection. (i) Incorporation by reference. (A) Regulation Chapter 112(6), Emission Testing, is amended by incorporating test methods and procedures as stated in 40 CFR part 60, subpart XX, §60.503 to determine compliance with emission standards for volatile organic compound emissions from bulk gasoline terminals. This revision to Regulation Chapter 112(6) became effective on July 22, 1986 in the State of Maine. (ii) Additional material. The nonregulatory portions of the state submittals. (23) [Reserved] (24) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 22, 1988. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated August 19, 1988 submitting a revision to the Maine State Implementation Plan. (B) Chapter 117 of the Maine Department of Environmental Protection Air Regulations entitled, “Source Surveillance,” effective in the State of Maine on August 9, 1988. (ii) Additional material. (A) Nonregulatory portions of the state submittal. (25) Revisions to the Maine State Implementation Plan (SIP) for ozone submitted on February 14, 1989 and May 3, 1989 by the Maine Department of Environmental Protection (DEP) for its state gasoline volatility control program, including any waivers under the program that Maine may grant. The control period will begin May 1, 1990. (i) Incorporation by reference. Maine Department Regulation chapter 119, Rules and Regulations of the State of Maine, entitled “Motor Vehicle Fuel Volatility Limit,” adopted August 10, 1988, amended Septemter 27, 1989 and effective October 25, 1989. (26) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 27, 1989. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated October 27, 1989 submitting revisions to the Maine State Implementation Plan. (B) Chapter 100 of the Maine Department of Environmental Protection's Air Regulations entitled “Definitions Regulations,” except for the definition of volatile organic compounds in Chapter 100(76) which is being incorporated by reference in 40 CFR 52.1020(c)(27). This regulation was effective in the State of Maine on October 3, 1989. Note, the definition of fuel burning equipment in Chapter 100(29) is not part of Maine's submittal. (C) Chapter 110 except for Chapter 110(2) which is being incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 113, Chapter 114 except for Chapter 114(II) and (III) which are being incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 115, and Chapter 116 of the Maine Department of Environmental Protection's Air Regulations entitled, “Ambient Air Quality Standards,” “Growth Offset Regulation,” “Classification of Air Quality Control Regions,” “Emission License Regulations,” and “Prohibited Dispersion Techniques,” respectively. These regulations were effective in the State of Maine on October 25, 1989. Chapter 108, originally approved on January 30, 1980 and February 19, 1980 in paragraphs (c)(10) and (c)(11) of this section, is being withdrawn and replaced with Chapter 115. (D) Portions of Chapter 1 entitled “Regulations for the Processing of Applications,” effective in the State of Maine on February 8, 1984. (ii) Additional materials. (A) A State Implementation Plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.” (B) Letter dated May 1, 1989 from the Maine Department of Environmental Protection regarding implementation of BACT. (C) Nonregulatory portions of the state submittal. (27) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 31, 1989. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated October 31, 1989 submitting revisions to the Maine State Implementation Plan. (B) The definition of volatile organic compounds in Chapter 100(76) of the Maine Department of Environmental Protection's “Definitions Regulations” effective in the State of Maine on October 3, 1989. (C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine Department of Environmental Protection's “Ambient Air Quality Standards” and “Classification of Air Quality Control Regions” Regulations effective in the State of Maine on October 25, 1989. Note that Millinocket remains designated as a nonattainment area for SO2 until redesignated at 40 CFR 51.320. (ii) Additional materials. (A) A State Implementation Plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.” (B) Nonregulatory portions of the state submittal. (28) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 14 and October 22, 1991. (i) Incorporation by reference. (A) Letters from the Maine Department of Environmental Protection dated August 14 and October 22, 1991 submitting revisions to the Maine State Implementation Plan. (B) Revisions to Chapter 109 of the Maine Department of Environmental Protection Regulations, “Emergency Episode Regulations,” effective in the State of Maine on September 16, 1991. (C) Part B of the Memorandum of Understanding which the Maine Department of Environmental Protection (DEP) entered into (and effective) on March 11, 1991, with the City of Presque Isle, and the Maine Department of Transportation. (ii) Additional materials. (A) An attainment plan and demonstration which outlines Maine's control strategy for attainment of the PM10 NAAQS and implements and meets RACM and RACT requirements for Presque Isle. (B) Nonregulatory portions of the submittal. (29) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 16, 1990, September 5, 1990, and November 2, 1990. (i) Incorporation by reference. (A) Letters from the Maine Department of Environmental Protection dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting revisions to the Maine State Implementation Plan. (B) The definitions of actual emissions, baseline concentration, and fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's “Definitions Regulation,” Chapter 110(10) (except for Chapter 110(10)(C)(3)) of Maine's “Ambient Air Quality Standards Regulation,” Chapter 113(II)(A) of Maine's “Growth Offset Regulation,” and Chapter 115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's “Emission License Regulations,” effective in the State of Maine on July 10, 1990. Note that the revised state statute which contains the underlying authority to implement the NO2 increments became effective on July 14, 1990. (ii) Additional materials. (A) A state implementation plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.” (B) Nonregulatory portions of the state submittal. (30) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on September 29, 1989, December 5, 1989 and June 3, 1991. (i) Incorporation by reference. (A) Letters from the Maine Department of Environmental Protection dated September 29, 1989, and June 3, 1991 submitting a revision to the Maine State Implementation Plan. (B) Chapter 111 “Petroleum Liquid Storage Vapor Control” and Chapter 123 “Paper Coater Regulation,” effective in the state of Maine on October 3, 1989. (C) Chapter 112 “Petroleum Liquid Transfer Vapor Recovery,” effective in the State of Maine on June 9, 1991. (ii) Additional materials. (A) Letter from the Maine Department of Environmental Protection dated June 3, 1991 documenting the December 1990 survey conducted to satisfy the 5 percent demonstration requirement in order to justify the 3500 gallon capacity cut-off in chapter 112. (B) Letter from the Maine Department of Environmental Protection dated December 5, 1989 requesting the withdrawal of operating permits for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11) and (c)(18). (C) Nonregulatory portions of the submittal. (31) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on April 20, 1992. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated April 8, 1992 submitting a revision to the Maine State Implementation Plan. (B) Chapter 100(54)(b) “particulate matter emissions,” Chapter 100(57)(b) “PM10 emissions,” and revisions to Chapter 100(28) “federally enforceable” and to Chapter 100(76) “volatile organic compound (VOC)” effective in the State of Maine on January 18, 1992. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (32) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 5, 1991. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated June 3, 1991 submitting a revision to the Maine State Implementation Plan. (B) Chapter 126 of the Maine Department of Environmental Protection Regulations, “Capture Efficiency Test Procedures” effective in the State of Maine on June 9, 1991. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (33) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on January 8, 1993. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated January 8, 1993, submitting a revision to the Maine State Implementation Plan. (B) Revised Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions” effective in the State of Maine on February 10, 1993. (C) Chapter 129 of the Maine Department of Environmental Protection Regulations, “Surface Coating Facilities” effective in the State of Maine on February 10, 1993. (D) Chapter 130 of the Maine Department of Environmental Protection Regulations, “Solvent Degreasers” effective in the State of Maine on February 10, 1993. (E) Chapter 131 of the Maine Department of Environmental Protection Regulations, “Cutback and Emulsified Asphalt” effective in the State of Maine on February 10, 1993. (F) Chapter 132 of the Maine Department of Environmental Protection Regulations, “Graphic Arts—Rotogravure and Flexography” effective in the State of Maine on February 10, 1993. (G) Appendix A “Volatile Organic Compounds Test Methods and Compliance Procedures” incorporated into Chapters 129 and 132 of the Maine Department of Environmental Protection Regulations, effective in the State of Maine on February 10, 1993. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (34) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on January 3, 1994. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated January 3, 1994 submitting a revision to the Maine State Implementation Plan. (B) Revised Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions” effective in the State of Maine on December 12, 1993. (C) Chapter 137 of the Maine Department of Environmental Protection Regulations, “Emission Statements” effective in the State of Maine on December 12, 1993. (ii) Additional Information. (A) Nonregulatory portions of the submittal. (35) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 3, 1991, November 25, 1991, and July 6, 1994. (i) Incorporation by reference. (A) Letters from the Maine Department of Environmental Protection dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a revision to the Maine State Implementation Plan. (B) Chapter 120 of the Maine Department of Environmental Protection Regulations, “Gasoline Tank Truck Tightness Self-Certification,” effective in the State of Maine on July 11, 1994. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (36) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 6, 1994. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated July 6, 1994 submitting a revision to the Maine State Implementation Plan. (B) Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions,” effective in the State of Maine on July 11, 1994, with the exception of the definitions of the following terms: “curtailment,” “federally enforceable,” “major modification,” “ major source,” “nonattainment pollutant,” “shutdown,” “significant emissions,” and “significant emissions increase.” (C) Chapter 112 of the Maine Department of Environmental Protection Regulations, “Petroleum Liquids Transfer Vapor Recovery,” effective in the State of Maine on July 11, 1994. (D) Chapter 118 of the Maine Department of Environmental Protection Regulations, “Gasoline Dispensing Facilities Vapor Control,” effective in the State of Maine on July 11, 1994. (E) Chapter 133 of the Maine Department of Environmental Protection Regulations, “Petroleum Liquids Transfer Vapor Recovery at Bulk Gasoline Plants,” effective in the State of Maine on July 11, 1994. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (37) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 12, 1994. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated July 5, 1994 submitting a revision to the Maine State Implementation Plan. (B) Maine's Chapter 100 entitled, “Definition Regulations.” This regulation was effective in the State of Maine on July 11, 1994. (C) Maine's Chapter 113 entitled, “Growth Offset Regulation.” This regulation was effective in the State of Maine on July 11, 1994. (D) Maine's Chapter 115 entitled, “Emission License Regulation,” except for Section 115(VII)(E) of this Chapter and all references to this Section. This regulation was effective in the State of Maine on July 11, 1994. (ii) Additional materials. (A) Nonregulatory portions of the State submittal. (38) Revisions to the State Implementation Plan establishing a Small Business Stationary Source Technical and Environmental Compliance Assistance Program were submitted by the Maine Department of Environmental Protection on July 7, and August 16, 1994. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated July 7, 1994 submitting a revision to the Maine State Implementation Plan. (B) Revisions to the State Implementation Plan for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program dated July 12, 1994 and effective on May 11, 1994. (C) Letter from the Maine Department of Environmental Protection dated August 16, 1994 submitting a corrected page to the July 12, 1994 SIP revision. (39) [Reserved] (40) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 1, 1994. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated June 1, 1994 submitting revisions to the Maine State Implementation Plan. (B) Revisions to Chapter 114 of the Maine Department of Environmental Protection Regulations, “Classification of Air Quality Control Regions,” adopted by the Board of Environmental Protection on April 27, 1994 and accepted by the Secretary of State with an effective date of May 9, 1994. (C) Revisions to Part B of the Memorandum of Understanding which the Maine Department of Environmental Protection (DEP) entered into (and effective) on May 25, 1994, with the City of Presque Isle, and the Maine Department of Transportation. (ii) Additional materials. (A) A maintenance demonstration and contingency plan which outline Maine's control strategy for maintenance of the PM10 NAAQS and contingency measures and provision for Presque Isle. (B) Nonregulatory portions of the submittal. (41) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 5, 1994 related to NOX controls in Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties. (i) Incorporation by reference. (A) A Letter from the Maine Department of Environmental Protection dated August 5, 1994 submitting a revision to the Maine State Implementation Plan. (B) Chapter 138 of the Maine DEP's regulations, “Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides” for sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties (excepted portions include Sections 1.A.1. and 3.B.). This rule was effective August 3, 1994. (42) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 24, 1995. (i) Incorporation by reference. (A) Two letters from the Maine Department of Environmental Protection dated July 24, 1995 submitting revisions to the Maine State Implementation Plan. (B) Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions Regulation,” definition of “volatile organic compounds (VOC)” effective in the State of Maine on July 25, 1995. (C) Chapter 112 of the Maine Department of Environmental Protection Regulations, “Bulk Terminal Petroleum Liquid Transfer Requirements,” effective in the State of Maine on July 25, 1995. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (43) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 24, 1995. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated July 24, 1995 submitting a revision to the Maine State Implementation Plan. (B) Chapter 118 of the Maine Department of Environmental Protection Regulations, “Gasoline Dispensing Facilities Vapor Control,” effective in the State of Maine on July 25, 1995. (ii) Additional materials (A) Letter from the Maine Department of Environmental Protection dated May 6, 1996. (B) Nonregulatory portions of the submittal. (44) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 11, 1996. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated October 11, 1996 submitting a revision to the Maine State Implementation Plan. (B) Chapter 141 of the Maine Department of Environmental Protection Air Regulation entitled, “Conformity of General Federal Actions,” effective in the State of Maine on September 28, 1996. (45) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on April 28, 1995, January 10, 1996, July 1, 1997, October 9, 1997, November 14, 1997, and December 10, 1997. (i) Incorporation by reference. (A) Chapter 134 of the Maine Department of Environmental Protection regulations entitled “Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds,” effective in the State of Maine on February 15, 1995, is granted a full approval for the following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and Piscataquis. This rule is granted a limited approval for Washington, Somerset, and Penobscot Counties. (B) License Amendment #5 issued by the Maine Department of Environmental Protection to Prime Tanning Company on July 23, 1997. (C) License Amendment #6 issued by the Maine Department of Environmental Protection to Prime Tanning Company on October 27, 1997. (D) License issued by the Maine Department of Environmental Protection to JJ Nissen Baking Company on February 25, 1997. (E) License Amendment #4 issued by the Maine Department of Environmental Protection to Portsmouth Naval Shipyard on July 25, 1997. (F) License issued by the Maine Department of Environmental Protection to Dexter Shoe Company on December 5, 1996. (G) License Amendment #1 issued by the Maine Department of Environmental Protection to Dexter Shoe Company on October 20, 1997. (H) License Amendment #3 issued by the Maine Department of Environmental Protection to Pioneer Plastics Corporation on June 16, 1997. (I) License Amendment #10 issued by the Maine Department of Environmental Protection to Georgia Pacific Corporation on January 4, 1996. (J) License Amendment #5 issued by the Maine Department of Environmental Protection to Champion International Corporation on January 18, 1996. (K) License Amendment #8 issued by the Maine Department of Environmental Protection to International Paper Company on October 4, 1995. (L) License Amendment #9 issued by the Maine Department of Environmental Protection to International Paper Company on December 13, 1995. (M) License Amendment #6 issued by the Maine Department of Environmental Protection to James River Corporation on December 8, 1995. (N) License Amendment #8 issued by the Maine Department of Environmental Protection to Lincoln Pulp and Paper Co. on December 18, 1995. (O) License Amendment #14 issued by the Maine Department of Environmental Protection to S.D. Warren Paper Company's Westbrook, Maine facility on December 18, 1995. (P) License Amendment #14 issued by the Maine Department of Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine facility on October 4, 1995. (Q) License Amendment #15 issued by the Maine Department of Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine facility on January 9, 1996. (R) License Amendment #11 issued by the Maine Department of Environmental Protection to Boise Cascade Corporation on December 20, 1995. (ii) Additional materials (A) Letter from the Maine Department of Environmental Protection dated November 15, 1994 stating a negative declaration for the Synthetic Organic Chemical Manufacturing Industry Distillation and Reactors Control Technique Guideline categories. (B) Nonregulatory portions of the submittal. (46) Revision to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 5, 1994. (i) Incorporation by reference. (A) Chapter 138 of the Maine Department of Environmental Protection Regulations, “Reasonably Available Control Technology For Facilities That Emit Nitrogen Oxides.” Affects sources in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. This rule was adopted and effective in the State of Maine on August 3, 1994. (ii) Additional materials. (A) Letter from the Maine Department of Environmental Protection dated August 5, 1994 submitting a revision to the Maine State Implementation Plan. (47) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 1, 1997, October 9, 1997, and August 14, 1998. (i) Incorporation by reference. (A) Air emission license A–388–71–C–A, Amendment #1, condition (q); and A–388–71–D–M, amendment #1, conditions 19 and 23 for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station issued by Maine Department of Environmental Protection on May 18, 1995, and February 16, 1996, respectively. (B) Air emission licenses A–195–71–G–M, Amendment #1, and A–195–71–D–A/R, section (II)(D), paragraphs (II)(F)(1) and (3), and conditions 12(A), 12(C), (13), (14) and (15) for Tree Free Fiber Company, LLC, (formerly Statler Industries Inc.) issued by Maine Department of Environmental Protection on June 12, 1996, and, June 16, 1995, respectively. (C) Air emission licenses A–448–72–K–A/R, paragraphs (II)(D)(2), (II)(D)(3) and conditions (13)(f) and 14(k); and A–448–71–O–M, Amendment #2, condition (14)(k), for Pioneer Plastics Corporation issued by Maine Department of Environmental Protection on August 23, 1995, and March 10, 1997, respectively. (D) Air emission license A–188–72–E–A, Amendment #2, conditions 8, paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott Paper Company issued by Maine Department of Environmental Protection on November 15, 1995. (E) Air emission license A–416–72–B–A, conditions (l) 1, 2, 3a, 3b, 3c, 3e, and (m) for The Chinet Company issued by Maine Department of Environmental Protection on January 18, 1996. (F) Air emission license A–366–72–H–A, Amendment #5, conditions 3, 4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC Corporation—Food Ingredients Division issued by Maine Department of Environmental Protection on February 7, 1996. (G) Air emission licenses A–326–72–N–A, Amendment #5, and A–326–71–P–M, Amendment #7, for Dragon Products Company, Inc., issued by Maine Department of Environmental Protection on June 5, 1996, and March 5, 1997, respectively. (H) Air emission license A–29–71–Y–A, Amendment #13, conditions (k)2, (k)3, (q)8 and (p) for S.D. Warren Company issued by Maine Department of Environmental Protection on June 12, 1996. (I) Air emission license A–378–72–E–A, Amendment #2, for Mid-Maine Waste Action Corporation issued by Maine Department of Environmental Protection on October 16, 1996. (J) Air emission licenses A–452–71–D–A, Amendment #2, conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20; and A–452–71–F–M, Amendment #4, condition 4 for Portsmouth Naval Shipyard issued by Maine Department of Environmental Protection on October 21, 1996, and July 25, 1997, respectively. (K) Air emission license A–46–71–L–A, Amendment #4, for Maine Energy Recovery Company issued by Maine Department of Environmental Protection on November 12, 1996. (ii) Additional materials. (A) Letters from the Maine Department of Environmental Protection dated July 1, 1997, October 9, 1997, and August 14, 1998, submitting case-specific NOX RACT determinations. (48) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on November 19, 1998. (i) Incorporation by reference. (A) “Maine Motor Vehicle Inspection Manual,” as revised in 1998, pages 1–12 through 1–14, and page 2–14, D.1.g. (B) Authorizing legislation effective July 9, 1998 and entitled H.P. 1594—L.D. 2223, “An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal Clean Air Act.” (ii) Additional material. (A) Document entitled “State of Maine Implementation Plan for Inspection/Maintenance” dated November 11, 1998. (B) Letter from the Maine Department of Environmental Protection dated November 19, 1998 submitting a revision to the Maine State Implementation Plan. (49) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 7, 2000 and May 29, 2001. (i) Incorporation by reference. Maine Chapter 119, entitled “Motor Vehicle Fuel Volatility Limit” as amended and effective on June 1, 2000. (ii) Additional materials: (A) Letter from the Maine Department of Environmental Protection dated June 7, 2000 submitting Chapter 119 as a revision to the Maine State Implementation Plan. (B) Letter from the Maine Department of Environmental Protection dated May 29, 2001 submitting additional technical support and an enforcement plan for Chapter 119 as an amendment to the State Implementation Plan. (50) [Reserved] (51) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 11, 2001. (i) Incorporation by reference. (A) License Amendment #10 issued by the Maine Department of Environmental Protection to Bath Iron Works Corporation on April 11, 2001. (B) License Amendment #6 issued by the Maine Department of Environmental Protection to Pratt & Whitney on April 26, 2001. (C) License Amendment #7 issued by the Maine Department of Environmental Protection to Pratt & Whitney on July 2, 2001. (D) License Amendment #2 issued by the Maine Department of Environmental Protection to Moosehead Manufacturing Co.'s Dover-Foxcroft plant on May 10, 2001. (E) License Amendment #2 issued by the Maine Department of Environmental Protection to Moosehead Manufacturing Co.'sMonson plant on May 10, 2001. (ii) Additional materials (A) Nonregulatory portions of the submittal. (52) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 23, 1996. (i) Incorporation by reference. (A) Chapter 110 of the Maine Department of Environmental Protection regulations, “Ambient Air Quality Standards,” adopted by the Board of Environmental Protection on July 24, 1996, and effective August 6, 1996. (B) [Reserved] (53) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on December 29, 2003, October 22, 2004, and December 9, 2004. (i) Incorporation by reference. (A) Chapter 155 of the Maine Department of Environmental Protection Regulations, “Portable Fuel Container Spillage Control,” effective in the State of Maine on July 14, 2004, with the exception of the word “or” in Subsection 7C which Maine did not submit as part of the SIP revision. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (54) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on March 8, 2004, and June 28, 2004. (i) Incorporation by reference. (A) Chapter 153 of the Maine Department of Environmental Protection Regulations, “Mobile Equipment Repair and Refinishing,” effective in the State of Maine on February 25, 2004. (B) Chapter 130 of the Maine Department of Environmental Protection Regulations, “Solvent Cleaners,” effective in the State of Maine on June 28, 2004. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (55) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 29, 2004. (i) Incorporation by reference. (A) Chapter 148 of the Maine Department of Environmental Protection Regulations, “Emissions from Smaller-Scale Electric Generating Resources” effective in the State of Maine on August 9, 2004. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (56) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on February 12, 2004. (i) Incorporation by reference. (A) Chapter 145 of the Maine Department of Environmental Protection Regulations, “NOX Control Program,” effective in the State of Maine on July 22, 2001. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (57) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 27, 2004, and September 8, 2004. (i) Incorporation by reference. (A) Chapter 152 of the Maine Department of Environmental Protection Regulations, “Control of Emissions of Volatile Organic Compounds from Consumer Products,” effective in the State of Maine on September 1, 2004. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (58) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on February 25, 2004 and December 9, 2004 submitting Maine's Low Emission Vehicle Program. (i) Incorporation by reference. (A) Chapter 127 of the Maine Department of Environmental Protection rules entitled “New Motor Vehicle Emission Standards” with an effective date of December 31, 2000, including the Basis Statements and Appendix A. (59) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on December 3, 2004, January 5, 2005, October 31, 2005, and November 9, 2005. (i) Incorporation by reference. (A) Chapter 151 of the Maine Department of Environmental Protection Regulations, “Architectural and Industrial Maintenance (AIM) Coatings,” effective in the State of Maine on November 1, 2005. (ii) Additional materials. (A) Nonregulatory portions of the submittal. [37 FR 10870, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1020, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1021 Classification of regions. top The Maine plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Metropolitan Portland Intrastate.......................... I II III III III Androscoggin Valley Interstate............................ IA IA III III III Down East Intrastate...................................... IA IA III III III Aroostook Intrastate...................................... III III III III III Northwest Maine Intrastate................................ III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10870, May 31, 1972, as amended at 45 FR 10774, Feb. 19, 1980] § 52.1022 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Maine's plan, as identified in §52.1020, for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. [45 FR 10774, Feb. 19, 1980, as amended at 60 FR 33734, June 29, 1995] § 52.1023 Control strategy: Ozone. top (a) Determination. EPA is determining that, as of July 21, 1995, the Lewiston-Auburn ozone nonattainment area has attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the area for so long as the area does not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in the Lewiston-Auburn ozone nonattainment area, these determinations shall no longer apply. (b) Determination. EPA is determining that, as of July 21, 1995, the Knox and Lincoln Counties ozone nonattainment area has attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the area for so long as the area does not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in the Knox and Lincoln Counties ozone nonattainment area, these determinations shall no longer apply. (c) Approval. EPA is approving an exemption request submitted by the Maine Department of Environmental Protection on September 7, 1995, for the Northern Maine area from the NOX requirements contained in Section 182(f) of the Clean Air Act. This approval exempts Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties from the requirements to implement controls beyond those approved in §52.1020(c)(41) for major sources of nitrogen oxides (NOX), nonattainment area new source review (NSR) for new sources and modifications that are major for NOX, and the applicable NOX-related requirements of the general and transportation conformity provisions. (d) Approval. EPA is approving an exemption request from the NOX requirements contained in Section 182(f) of the Clean Air Act for northern Maine. The exemption request was submitted by the Maine Department of Environmental Protection on March 24, 2005, and supplemented on April 19 and June 28, 2005. This approval exempts major sources of nitrogen oxides in Aroostook, Franklin, Oxford, Penobscot, Piscataquis, Somerset, Washington, and portions of Hancock and Waldo Counties from the requirements to implement controls meeting reasonably available control technology under the Clean Air Act, and nonattainment area new source review (NSR) for new sources and modifications. In Waldo County, this area includes only the following towns: Belfast, Belmont, Brooks, Burnham, Frankfort, Freedom, Jackson, Knox, Liberty, Lincolnville, Monroe, Montville, Morrill, Northport, Palermo, Prospect, Searsmont, Searsport, Stockton Springs, Swanville, Thorndike, Troy, Unity, Waldo, and Winterport. In Hancock County, this area includes only the following towns and townships: Amherst, Aurora, Bucksport, Castine, Dedham, Eastbrook, Ellsworth, Franklin, Great Pond, Mariaville, Orland, Osborn, Otis, Penobscot, Verona, Waltham, Oqiton Township (T4 ND), T3 ND, T39 MD, T40 MD, T41 MD, T32 MD, T34 MD, T35 MD, T28 MD, T22 MD, T16 MD, T8 SD, T9 SD, T10 SD, and T7 SD. (e) Approval. EPA is approving a revision to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 9 and 13, 2005. The revision is for purposes of satisfying the rate of progress requirements of section 182(b)(1) of the Clean Air Act for the Portland Maine one-hour ozone nonattainment area. (f) Approval. EPA is approving a revision to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 9, 13, and 14, 2005. The revision is for purposes of satisfying the 5 percent increment of progress requirement of 40 CFR 51.905(a)(1)(ii)(B) for the Portland Maine eight-hour ozone nonattainment area. The revision establishes motor vehicle emissions budgets for 2007 of 20.115 tons per summer day (tpsd) of volatile organic compound (VOC) and 39.893 tpsd of nitrogen oxide (NOX) to be used in transportation conformity in the Portland Maine 8-hour ozone nonattainment area. [60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995; 71 FR 5794, Feb. 3, 2006; 71 FR 14816, Mar. 24, 2006] § 52.1024 Attainment dates for national standards. top The following table presents the latest dates by which the national standards are to be attained. Attainment Dates Established by Clean Air Act of 1990 ---------------------------------------------------------------------------------------------------------------- Pollutant ------------------------------------------------------- Air quality control region and nonattainment area SO2 -------------------- PM-10 NO2 CO O3 Primary Secondary ---------------------------------------------------------------------------------------------------------------- AQCR 107: Androscoggin County................................. (\a\) (\b\) (\a\) (\a\) (\a\) (\g\) Kennebec County..................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\) Knox County......................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\) Lincoln County...................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\) Waldo County........................................ (\a\) (\b\) (\a\) (\a\) (\a\) (\d\) Oxford Cnty. (Part) See 40 CFR 81.320............... (\a\) (\b\) (\a\) (\a\) (\a\) (\e\) Franklin Cnty. (Part) See 40 CFR 81.320............. (\a\) (\b\) (\a\) (\a\) (\a\) (\e\) Somerset Cnty. (Part) See 40 CFR 81.320............. (\a\) (\b\) (\a\) (\a\) (\a\) (\e\) AQCR 108: Aroostook Cnty. (Part) See 40 CFR 81.320............ (\a\) (\b\) (\c\) (\a\) (\a\) (\a\) Remainder of AQCR................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\a\) AQCR 109: Hancock County...................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\d\) Millinocket......................................... (\e\) (\e\) (\a\) (\a\) (\a\) (\a\) Remainder of AQCR................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\a\) AQCR 110: York County......................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\) Cumberland County................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\) Sagadahoc County.................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\) Oxford Cnty. (Part) See 40 CFR 81.320............... (\a\) (\b\) (\a\) (\a\) (\a\) (\e\) AQCR 111................................................ (\a\) (\b\) (\a\) (\a\) (\a\) (\a\) ---------------------------------------------------------------------------------------------------------------- \a\ Air quality levels presently below primary standards or area is unclassifiable. \b\ Air quality levels presently below secondary standards or area is unclassifiable. \c\ 12/31/94. \d\ 11/15/94 (one-year extension granted). \e\ 11/15/95. \g\ 11/15/96. [60 FR 33352, June 28, 1995] § 52.1025 Control strategy: Particulate matter. top (a) The revisions to the control strategy resulting from the modification to the emission limitations applicable to the sources listed below or resulting from the change in the compliance date for such sources with the applicable emission limitation is hereby approved. All regulations cited are air pollution control regulations of the State unless otherwise noted. (See §52.1023 for compliance schedule approvals and disapprovals pertaining to one or more of the sources below.) ------------------------------------------------------------------------ Regulation Date of Source Location involved adoption ------------------------------------------------------------------------ All sources subject to Maine.......... 100.3.1(b)..... 3/29/73 Regulation 100.3.1(b) with a maximum heat input from three million up to but not including ten million Btu per hour. ------------------------------------------------------------------------ (b) The revision to the incinerator particulate emission standard submitted on August 26, 1976 is disapproved because of provisions therein which would interfere with the attainment and maintenance of national ambient air quality standards. (c) The revision to the incinerator particulate emission standard submitted on November 18, 1976 is disapproved because of provisions therein which would interfere with the attainment and maintenance of national ambient air quality standards. (d) The revision to the open burning regulation submitted on December 7, 1976 is disapproved because of provisions therein which would interfere with the attainment and maintenance of national ambient air quality standards. [38 FR 22474, Aug. 21, 1973, as amended at 43 FR 14964, Apr. 10, 1978; 43 FR 15424, Apr. 13, 1978; 47 FR 6830, Feb. 17, 1982] § 52.1026 Review of new sources and modifications. top The program to review operation and construction of new and modified major stationary sources in non-attainment areas is approved as meeting the requirements of part D as amended by the CAAA of 1990. [45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996] § 52.1027 Rules and regulations. top (a) Part D—Conditional Approval. (b) Non-Part D—No Action. EPA is neither approving nor disapproving the following elements of the revisions identified in §52.1020(C)(10): (1) Intergovernmental consultation. (2) Interstate pollution notification requirements. (3) Public notification requirements. (4) Conflict of Interest requirements. (5) Permit fees. [45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980] § 52.1028 [Reserved] top § 52.1029 Significant deterioration of air quality. top The program to review operation and construction of new and modified major stationary sources in attainment areas is approved as meeting the requirements of Part C. [45 FR 6786, Jan. 30, 1980] § 52.1030 Control strategy: Sulfur oxides. top (a) The revision to Regulation 100.6 (Chapter 106) “Low Sulfur Fuel Regulation” for the Metropolitan Portland Air Quality Control Region, submitted by the Governor of Maine on August 25, 1977, is approved with the exception of paragraph 100.6.5(b) which allows the Commissioner of the Department of Environmental Protection to grant variances to Regulation 100.6. [47 FR 948, Jan. 8, 1982] § 52.1031 EPA-approved Maine regulations. top The following table identifies the State regulations which have been submitted to and approved by EPA as revisions to the Maine State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory effect. To determine regulatory requirements for a specific situation consult the plan identified in §52.1020. To the extent that this table conflicts with §§52.1020, 52.1020 governs. Table 52.1031_EPA-Approved Rules and Regulations ---------------------------------------------------------------------------------------------------------------- Date Date State Title/Subject adopted by approved Federal Register 52.1020 citation State by EPA citation ---------------------------------------------------------------------------------------------------------------- Chapter: 1........ Regulations for 02/08/84 03/23/93 58 FR 15430...... (c)(26)... Portions of chapter 1. the Processing of Applications.. 100...... ................ 5/7/79 1/3/80 45 FR 6784....... (c)(10)... PSD Plan Only. 100...... Definitions 12/24/79 2/19/80 45 FR 10766...... (c)(11)... .......................... Regulations. 2/6/80 .......................... 100...... Definitions..... 10/3/89 3/23/93 58 FR 15430...... (c)(26)... All except for the definition of VOC in chapter 100(76). Note that this definition is approved in another paragraph below. In addition, Maine withdrew the definition of fuel burning equipment in chapter 100(29) from its SIP submittal. This definition is approved in another paragraph below. ................ .......... .......... ................. (c)(27)... Approval of definition of VOC in chapter 100(76) only. 100...... Definitions 11/26/91 6/21/93 58 FR 33768...... (c)(31)... Revised ``volatile organic Regulations. compound (VOC)'' and ``federally enforceable.'' Added ``particulate matter emissions'' and ``PM10 emissions.'' 100...... Definitions..... 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Changes to the following definitions: Actual emissions, baseline concentration and fuel burning equipment in Chapter 100(1), (9), and (29). 100...... Definitions..... 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Revised to add definitions associated with VOC RACT rules. 100...... Definitions..... 11/10/93 1/10/95 60 FR 2526....... (c)(34)... Revised to add definitions associated with emission statement rules. 100...... Definitions..... 6/22/94 6/29/95 60 FR 33734...... 36........ Gasoline marketing definitions added 100...... Definitions 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D Regulation. NSR and other CAAA requirements. 100...... Definitions..... 7/19/95 10/15/96 61 FR 53639...... (c)(42)... Definition of ``VOC'' revised. 101...... Visible 10/10/79 2/17/82 47 FR 6829....... (c)(17)... .......................... Emissions. 102...... Open Burning.... 1/31/72 5/31/72 37 FR 10842...... (b)....... .......................... 103...... Fuel Burning 1/31/72 5/31/72 37 FR 10842...... (b)....... .......................... Equipment Particulate Emission Standard. 1/24/83 2/26/85 50 FR 7770....... (c)(19)... .......................... 104...... Incinerator 1/31/72 5/31/72 37 FR 10842...... (b)....... .......................... Particulate Emission Standard. 105...... General Process 1/31/72 5/31/72 37 FR 10842...... (b)....... .......................... Source Particulate Emission Standard. 106...... Low Sulfur Fuel. 1/31/72 5/31/72 37 FR 10842...... (b)....... .......................... 2/08/78 1/8/82 47 FR 947........ (c)(15)... Revised limits for Portland Peninsula only. 107...... Sulfur Dioxide 1/31/72 5/31/72 37 FR 10842...... (b)....... .......................... Emission Standards for Sulfite Pulp Mills. 109...... Emergency 1/31/72 5/31/72 37 FR 10842...... (b)....... .......................... Episode Regulation. 109...... Emergency 8/14/91 1/12/95 60 FR 2887....... (c)(28)... Revisions which Episode incorporate the PM10 Regulation. alert, warning, and emergency levels. 110...... Ambient Air 5/7/79 1/30/80 45 FR 6784....... (c)(10)... .......................... Quality Standards. 110...... Ambient Air 10/25/89 3/23/93 58 FR 15430...... (c)(26)... All of chapter 110 except Quality for chapter 110(2) which Standards. is approved in another paragraph, below. Note that Maine did not submit its Chromium standard in chapter 110(12) for approval. ................ .......... .......... ................. (c)(27)... Chapter 110(2) only. 110...... Ambient Air 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Addition of NO2 increments Quality for class I and II areas Standards. in Chapter 110(10). Note that class III increment in Chapter 110(10)(C)(3) is not part of submittal. 110...... Ambient Air 7/24/96 3/22/04 69 FR 13231...... (c)(52)... Adopts PSD increments Quality based on PM10, in place Standards. of increments based on TSP. 111...... Petroleum Liquid 5/7/79 2/19/80 45 FR 10766...... (c)(11)... .......................... Storage Vapor Control. 9/27/89 2/3/92 57 FR 3948....... (c)(30)... 112...... Petroleum 2/19/80 45 FR 10766...... (c)(11)... Liquids Transfer Recovery. 5/7/79 3/5/82 47 FR 9462....... (c)(16)... Irving Oil, Searsport exempted. 7/22/86 2/2/87 52 FR 3117....... (c)(22)... Bulk Gasoline Terminal Test methods. 5/22/91 2/3/92 57 FR 3948....... (c)(30)... The exemption for Irving Oil Corporation in Searsport, Maine incorporated by reference at 40 CFR 52.1020(c)(16) is removed. 112...... Petroleum 6/22/94 6/29/95 60 FR 33734...... 36........ Deleted exemption for tank liquids trucks less than 3500 transfer gallons. recover. 112...... Gasoline Bulk 7/19/95 10/15/96 61 FR 53639...... (c)(42)... Emission limit lowered Terminals. from 80 mg/l to 35 mg/l. 113...... Growth Offset 5/7/79 2/19/80 45 FR 10766...... (c)(11)... Part of New Source Review Regulation. program. 12/18/85 12/23/86 51 FR 45886...... (c)(21)... Deletes Thomaston. 113...... Growth Offset 10/25/89 3/23/93 58 FR 15430...... (c)(26)... .......................... Regulation. 113...... Growth Offset 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Change to Chapter Regulation. 113(II)(A) to include NO2. 113...... Growth Offset 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D Regulation. NSR requirements. 114...... Classification 5/7/79 1/30/80 45 FR 6874....... (c)(10)... of Air Quality Control Regions. 114...... Designation of 10/25/89 3/23/93 58 FR 15430...... (c)(26)... All except for chapter Air Quality 114(11) and (111) which Control Regions. are approved in another paragraph below. ................ .......... .......... ................. (c)(27)... Chapter 114(11)and (111) only. 114...... Classification 4/27/94 Aug. 30, 60 FR 45060...... (c)(40)... Revision to remove Presque of Air Quality 1995 Isle as nonattainment for Control Regions. PM10. 115...... Emission License 5/7/79 1/30/80 45 FR 6784....... (c)(10)... PSD Regulation.. ................ 12/24/79 2/19/80 45 FR 10766...... (c)(11)... New Source Review. ................ 10/25/89 3/23/93 58 FR 15430...... (c)(26)... Note Maine did not submit references to nonregulated pollutants for approval. Also note that this chapter was formerly chapter 108. 115...... Emission License 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Changes to Chapter Regulation. 115(I)(B), (VII)(A), VII)(B)(3), and (VII)(D)(3) to remove Chapter 108 and to incorporate NO2 increments requirements. 115...... Emission License 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D Regulation. NSR and other CAAA requirements. 116...... Prohibited 10/25/89 3/23/93 58 FR 15430...... (c)(26)... Dispersion Techniques.. 117...... Source 8/9/88 3/21/89 54 FR 11525...... 24........ Surveillance. 118...... Gasoline 6/22/94 6/29/95 60 FR 33734...... 36........ .......................... Dispensing Facilities. ................ 7/19/95 10/15/96 61 FR 53639...... (c)(43)... Stage II vapor recovery requirements added. 119........ Motor Vehicle 6/1/00 3/6/02 67 FR 10100...... (c)(49)... Controls fuel volatility Fuel Volatility in the State. 7.8 psi RVP Limit. fuel required in 7 southern counties. 120...... Gasoline Tank 6/22/94 6/29/95 60 FR 33734...... 35........ .......................... Trucks. 123...... Paper Coater 9/27/89 2/3/92 57 FR 3949....... (c)(30)... The operating permits for Regulation. S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer Plastics of Auburn incorporated by reference at 40 CFR § 52.1020 (c)(11), (c)(11), and (c)(18), respectively, are withdrawn. 126...... Capture 5/22/91 3/22/93 58 FR 15282...... (c)(32)... Efficiency Test Procedures. 127...... New Motor 12/31/00 4/28/05 70 FR 21962...... (c)(58)... Low emission vehicle Vehicle program, with no ZEV Emission requirements. Program Standards. achieves 90% of full LEV benefits. 129...... Surface coating 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Includes surface coating Facilities. of: Cans, fabric, vinyl, metal furniture, flatwood paneling, and miscellaneous metal parts and products. 130...... Solvent 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Degreasers. 130...... Solvent Cleaners 6/17/04 5/26/05 70 FR 30369...... (c)(54)... 131...... Cutback and 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Emulsified Asphalt. 132...... Graphic Arts: 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Rotogravure and Flexography. 133...... Gasoline Bulk 6/22/94 6/29/95 60 FR 33734...... 36........ .......................... Plants. 134...... Reasonably 2/8/95 4/18/00 65 FR 20753...... (c)(45)... Regulation fully approved Available for the following Control counties: York, Technology for Sagadahoc, Cumberland, Facilities that Androscoggin, Kennebec, Emit Volatile Knox, Lincoln, Hancock, Organic Waldo, Aroostook, Compounds. Franklin, Oxford, and Piscataquis. Regulation granted a limited approval for Washington, Somerset, and Penobscot Counties. 134...... Reasonably 2/25/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for Available JJ Nissen Baking Company. Control Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 7/23/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for Available 10/27/97 Prime Tanning. Control Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 7/25/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for Available Portsmouth Naval Control Shipyard. Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 12/5/96 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for Available 10/20/97 Dexter Shoe. Control Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 6/16/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for Available Pioneer Plastics. Control Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 1/4/96 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for Available Georgia Pacific. Control Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 1/18/96 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for Available Champion International. Control Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 10/4/95 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for Available 12/13/95 International Paper. Control Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 12/8/95 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for Available James River. Control Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 12/18/95 4/18/00 65 FR 20754...... (c)(45)... VOC RACT determination for Available Lincoln Pulp and Paper. Control Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 12/18/95 4/18/00 65 FR 20754...... (c)(45)... VOC RACT determination for Available SD Warren Paper Company's Control Westbrook, Maine Technology for facility. Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 10/4/95 4/18/00 65 FR 20754...... (c)(45)... VOC RACT determination for Available 1/9/96 SD Warren Paper Company's Control Skowhegan, Maine Technology for facility. Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 12/20/95 4/18/00 65 FR 20754...... (c)(45)... VOC RACT determination for Available Boise Cascade. Control Technology for Facilities that Emit Volatile Organic Compounds. 134...... Reasonably 4/11/01 5/20/02 67 FR 35441 (c)(51)... VOC RACT determination for available Bath Iron Works. control technology for facilities that emit volatile organic compounds. 134...... Reasonably 4/26/01 5/20/02 67 FR 35441...... (c)(51) VOC RACT determination for available 7/2/01 Pratt & Whitney. control technology for facilities that emit volatile organic compounds. 134...... Reasonably 5/10/01 5/20/02 67 FR 35441...... (c)(51) VOC RACT determination for available Moosehead Manufacturing's control Dover-Foxcroft plant. technology for facilities that emit volatile organic compounds. Reasonably 5/10/01 5/20/02 67 FR 35441...... (c)(51) VOC RACT determination for available Moosehead Manufacturing's control Monson plant. technology for facilities that emit volatile organic compounds. 137...... Emission 11/10/93 1/10/95 60 FR 2526....... (c)(34)... Statements. 138...... Reasonably 8/3/94 December 60 FR 66755...... (c)(41)... Affects sources only in Available 26, 1995 Oxford, Franklin, Control Somerset, Piscataquis, Technology For Penobscot, Washington, Facilities That Aroostook, Hancock and Emit Nitrogen Waldo Counties (excepted Oxides. portions of rule include Sections 1.A.1. and 3.B.). 138...... NOX RACT........ 8/3/94 9/9/02 67 FR 57154...... (c)(46)... Affects sources in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. 138...... NOX RACT........ 5/18/95 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for & FPL Energy's (formerly 2/16/96 Central Maine Power) W.F. Wyman Station. 138...... NOX RACT........ 6/16/95 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for & Tree Free Fiber Company, 6/12/96 LLC. (formerly Statler Tissue). 138...... NOX RACT........ 8/23/95 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for & Pioneer Plastics 3/10/97 Corporation. 138...... NOX RACT........ 11/15/95 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for Scott Paper Company. 138...... NOX RACT........ 1/18/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for Chinet Company. 138...... NOX RACT........ 2/7/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for FMC Corporation_Food from Ingredients Division. 138...... NOX RACT........ 6/5/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX FR RACT & for Dragon Products 3/5/97 Company, Inc. 138...... NOX RACT........ 6/12/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for S.D. Warren Company. 138...... NOX RACT........ 10/16/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for Mid-Maine Waste Action Corporation. 138...... NOX RACT........ 10/21/96 9/9/92 67 FR 57154...... (c)(47)... Case-specific NOX RACT for & Portsmouth Naval 7/25/97 Shipyard. 138...... NOX RACT........ 11/12/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for Maine Energy Recovery Company. 141...... Conformity of 9/11/96 September 62 FR 49611...... (c)(44)... ``Chapter 141: Conformity General Federal 23, 1997 of General Federal Actions. Actions''. 145...... NOX Control 6/21/01 4/10/05 70 FR 11882...... (c)(56)... Program. 148...... Emissions from 7/15/04 5/26/05 70 FR 30376...... (c)(55)... Smaller-Scale Electric Generating Resources. 151...... Architectural 10/06/05 3/17/06 71 FR 13767...... (c)(59)... .......................... and Industrial Maintenance (AIM) Coatings. 152...... Control of 8/19/04 10/24/05 70 FR 61384...... (c)(57)... Emissions of Volatile Organic Compounds from Consumer Products. 153...... Mobile Equipment 2/5/04 5/26/05 70 FR Repair and 30369(c)(54). Refinishing. 155...... Portable Fuel 6/3/04 2/7/05 70 FR 6354....... (c)(53)... All of Chapter 155 is Container approved with the Spillage exception of the word Control. ``or'' in Subsection 7C which Maine did not submit as part of the SIP revision. ``Vehicle Vehicle 7/9/98 1/10/01 66 FR 1875....... (c)(48)... Maine Motor Vehicle I/M''. Inspection and Inspection Manual,'' Maintenance. revised in 1998, pages 1- 12 through 1-14, and page 2-14, D.1.g. Also, Authorizing legislation effective July 9, 1998 and entitled L.D. 2223, ``An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal Clean Air Act.'' ---------------------------------------------------------------------------------------------------------------- Note. 1. The regulations are effective statewide unless stated otherwise in comments section. (Secs. 110(a) and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7410(a) and 7601(a))) [50 FR 3336, Jan. 24, 1985, as amended at 50 FR 7770, Feb. 26, 1985; 51 FR 45886, Dec. 23, 1986; 52 FR 3117, Feb. 2, 1987; 54 FR 11525, Mar. 21, 1989; 55 FR 20603, May 18, 1990; 57 FR 3948, Feb. 3, 1992; 58 FR 15282, Mar. 22, 1993; 58 FR 15430, Mar. 23, 1993; 58 FR 33768, June 21, 1993; 59 FR 12855, Mar. 18, 1994; 59 FR 31157, June 17, 1994; 60 FR 2526, Jan. 10, 1995; 60 FR 2887, Jan. 12, 1995; 60 FR 33734, June 29, 1995; 60 FR 45059, Aug. 30, 1995; 60 FR 66755, Dec. 26, 1995; 61 FR 5694, Feb. 14, 1996; 61 FR 53639, Oct. 15, 1996; 62 FR 49611, Sept. 23, 1997; 65 FR 20753, Apr. 18, 2000; 66 FR 1875, Jan. 10, 2001; 67 FR 10100, Mar. 6, 2002; 67 FR 35441, May 20, 2002; 67 FR 57154, Sept. 9, 2002; 69 FR 13231, Mar. 22, 2004; 70 FR 6354, Feb. 7, 2005; 70 FR 11882, Mar. 10, 2005; 70 FR 21962, Apr. 28, 2005; 70 FR 30369, 30376, May 26, 2005; 70 FR 61384, Oct. 24, 2005; 71 FR 13769, Mar. 17, 2006] § 52.1033 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures for meeting all of the requirements of 40 CFR 51.302 or 51.306 for the protection of visibility in mandatory class I Federal areas. (b) [Reserved] (c) Long-term strategy. The provisions of §52.29 are hereby incorporated into the applicable plan for the State of Maine. [52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993] § 52.1034 Stack height review. top The State of Maine has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion techniques as defined in EPA's stack height regulations as revised on July 8, 1985. Such declarations were submitted to EPA on December 17, 1985; May 30, 1986; October 2, 20, and 24, 1986; August 6, 1987; September 8 and 30, 1988. [54 FR 8190, Feb. 27, 1989] § 52.1035 Requirements for state implementation plan revisions relating to new motor vehicles. top Maine must comply with the requirements of §51.120. [60 FR 4737, Jan. 24, 1995] § 52.1036 Emission inventories. top (a) The Governor's designee for the State of Maine submitted 1990 base year emission inventories for the Knox and Lincoln Counties area, the Lewiston and Auburn area, the Portland area, and the Hancock and Waldo Counties area on July 25, 1995 as a revision to the State Implementation Plan (SIP). An amendment to the 1990 base year emission inventory for the Portland area was submitted on June 9, 2005. The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for these areas. (b) The inventory is for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventory covers point, area, non-road mobile, on-road mobile, and biogenic sources. (c) The Knox and Lincoln Counties nonattainment area is classified as moderate. The Lewiston and Auburn nonattainment area is classified as moderate and consists of Androscoggin and Kennebec Counties. The Portland nonattainment area is classified as moderate and consists of Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties nonattainment area is classified as attainment. (d) The Governor's designee for the State of Maine submitted 1993 periodic year emission inventories for the Hancock and Waldo Counties area on May 13, 1996 as a revision to the State Implementation Plan (SIP). The 1993 periodic year emission inventory requirement of section 182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied for the Hancock and Waldo counties area. (e) On June 24, 1997, the Maine Department of Environmental Protection submitted a revision to establish explicit year 2006 motor vehicle emissions budgets [6.44 tons per summer day of VOC, and 8.85 tons per summer day of NOX] for the Hancock and Waldo counties ozone maintenance area to be used in determining transportation conformity. (f) The Governor's designee for the State of Maine submitted a 2002 base year emission inventory for Cumberland, Sagadahoc, and York counties, to represent emissions for the Portland 8-hour ozone nonattainment area on June 9, 2005, as a revision to the State Implementation Plan (SIP). The 2002 base year emission inventory requirement of 40 CFR 51.915 has been satisfied for this area. [62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997; 71 FR 14816, Mar. 24, 2006] Subpart V—Maryland top § 52.1070 Identification of plan. top Link to an amendment published at 71 FR 16238, Mar. 31, 2006. Link to an amendment published at 71 FR 16240, Mar. 31, 2006. (a) Purpose and scope. This section sets forth the applicable State implementation plan for Maryland under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates on or after December 15, 2005, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region III certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of December 15, 2005. (3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA-Approved Regulations in the Maryland SIP ---------------------------------------------------------------------------------------------------------------- Code of Maryland administrative State effective Additional regulations (COMAR) Title/subject date EPA approval date explanation/citation citation at 40 CFR 52.1100 ---------------------------------------------------------------------------------------------------------------- 26.11.01 General Administrative Provisions ---------------------------------------------------------------------------------------------------------------- 26.11.01.01A., .01B.... Definitions........... 10/10/01 5/28/02, 67 FR 36810 (c)(171); Additional Exceptions: .01B(3), EPA approvals are (13), (21) through codified at (23), (25). §§ 52.1100(c)(119) (c)(122), (c)(143), (c)(148), (c)(158), (c)(159), and (c)(164). 26.11.01.01B(53)....... Definitions_definition 11/24/03 3/30/05, 70 FR 16122 Definition reflects of volatile organic the version of 40 compound (VOC). CFR 51.100(s) in effect as of 12/31/ 2002. 26.11.01.02............ Relationship of 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1). Provisions in this Subtitle. 26.11.01.03............ Delineation of Areas.. 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1). 26.11.01.04............ Testing and Monitoring 2/17/92 9/7/01, 66 FR 46727 (c)(153). 26.11.01.05............ Records and 6/30/97 5/28/02, 67 FR 36810 (c)(172). Information. 12/10/01 26.11.01.05-1.......... Emission Statements... 12/7/92 10/12/94, 59 FR 51517 (c)(109). 26.11.01.06............ Circumvention......... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1). 26.11.01.07............ Malfunctions and Other 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1). Temporary Increases in Emissions. 26.11.01.08............ Determination of 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5). Ground Level Concentrations_Accept able Techniques. 26.11.01.09............ Vapor Pressure of 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5). Gasoline. 26.11.01.10............ Continuous Emission 7/22/91 2/28/96, 61 FR 7418 (c)(106);TM90-01 was Monitoring (CEM) approved as Requirements. ``additional material'', but not IBR'd. ---------------------------------------------------------------------------------------------------------------- 26.11.02 Permits, Approvals, and Registration ---------------------------------------------------------------------------------------------------------------- 26.11.02.01............ Definitions........... 5/8/95 2/27/03, 68 FR 9012 (c)(182); Exceptions: 26.11.02.01B(1), (1- 1), (4)-(6), (10), (15), (16), (22), (29)-(33), (37), (39), (42), (46), (49), (50), (54). 26.11.02.02............ General Provisions.... 5/8/95 2/27/03, 68 FR 9012 (c)(182); Exception: .02D. 26.11.02.03............ Federally Enforceable 5/8/95 2/27/03 68 FR 9012 (c)(182). Permits to Construct and State Permits to Operate. 26.11.02.04............ Duration of Permits... 5/8/95 2/27/03, 68 FR 9012 (c)(182); Exception: .04C(2). 26.11.02.05............ Violation of Permits 5/8/95 2/27/03, 68 FR 9012 (c)(182). and Approvals. 26.11.02.06............ Denial of Applications 5/8/95 2/27/03, 68 FR 9012 (c)(182). for State Permits and 6/16/97 Approvals. 26.11.02.07............ Procedures for 5/8/95 2/27/03, 68 FR 9012 (c)(182). Denying, Revoking, or Reopening and Revising a Permit or Approval. 26.11.02.08............ Late Applications and 5/8/95 2/27/03, 68 FR 9012 (c)(182). Delays in Acting on Applications. 26.11.02.09............ Sources Subject to 5/8/95 2/27/03, 68 FR 9012 (c)(182). Permits to Construct 5/4/98 and Approvals. 26.11.02.10............ Sources Exempt from 5/8/95, 2/27/03, 68 FR 9012 (c)(182). Permits to Construct 6/16/97 and Approvals. 9/22/97 3/22/99 26.11.02.11............ Procedures for 5/8/95 2/27/03, 68 FR 9012 (c)(182); Exception: Obtaining Permits to 6/16/97 .11C. Construct Certain Significant Sources. 26.11.02.12............ Procedures for 5/8/95 2/27/03, 68 FR 9012 (c)(182). Obtaining Approvals of PSD Sources and NSR Sources, Permits to Construct, Permits to Construct MACT Determinations on a Case-by-Case Basis in Accordance with 40 CFR Part 63, Subpart B, and Certain 100- Ton Sources. 26.11.02.13............ Sources subject to 5/8/95 2/27/03, 68 FR 9012 (c)(182). State Permits to Operate. 26.11.02.14............ Procedures for 5/8/95 2/27/03, 68 FR 9012 (c)(182). Obtaining State 6/16/97 Permits to Operate and Permits to Construct Certain Sources and Permits to Construct Control Equipment on Existing Sources. ---------------------------------------------------------------------------------------------------------------- 26.11.04 Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- 26.11.04.02............ State-Adopted National 5/8/95 8/20/01, 66 FR 43485 (c)(165). Ambient Air Quality Standards. 26.11.04.03............ Definitions, Reference 2/21/89 2/24/94, 59 FR 8865 (c)(99). Conditions, and Methods of Measurement. 26.11.04.04............ Particulate Matter.... 2/21/89 2/24/94, 59 FR 8865 (c)(99). 26.11.04.05............ Sulfur Oxides......... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(3). 26.11.04.06............ Carbon Monoxide....... \1\1/5/88 4/7/93, 58 FR 18010 (c)(92). 26.11.04.07............ Ozone................. 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(3). 26.11.04.08............ Nitrogen Dioxide...... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(3). 26.11.04.09............ Lead.................. 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(3). ---------------------------------------------------------------------------------------------------------------- 26.11.05 Air Quality Episode System ---------------------------------------------------------------------------------------------------------------- 26.11.05.01............ Definitions........... 6/18/90 4/14/94, 59 FR 17698 (c)(100). 26.11.05.02............ General Requirements.. 6/18/90 4/14/94, 59 FR 17698 (c)(100). 26.11.05.03............ Air Pollution Episode 6/18/90 4/14/94, 59 FR 17698 (c)(100). Criteria. 26.11.05.04............ Standby Emissions 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(4). Reduction Plan. 26.11.05.05............ Control Requirements 6/18/90 4/14/94, 59 FR 17698 (c)(100). and Standby Orders. 26.11.05.06............ Tables................ 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(4). ---------------------------------------------------------------------------------------------------------------- 26.11.06 General Emissions Standards, Prohibitions, and Restrictions ---------------------------------------------------------------------------------------------------------------- 26.11.06.01............ Definitions........... 5/8/91 11/29/94, 59 FR 60908 (c)(102)(i)(B)(14). 26.11.06.02............ Visible Emissions..... 11/11/02 8/6/03, 68 FR 46487 (c)(181). [Except: .02A(1)(e), (1)(g), (1)(h), (1)(i)] 26.11.06.03............ Particulate Matter.... 11/11/02 8/6/03, 68 FR 46487 (c)(181). 26.11.06.04............ Carbon Monoxide in \1\1/5/88 4/7/93, 58 FR 18010 (c)(92). Areas III and IV. 26.11.06.05............ Sulfur Compounds from 11/11/02 8/6/03, 68 FR 46487 (c)(181). Other than Fuel Burning Equipment. 26.11.06.06............ Volatile Organic 9/22/97 5/7/01, 66 FR 22924 (c)(156); Note: On 2/ Compounds. 27/03 (68 FR 9012), EPA approved a revised rule citation with a State effective date of 5/8/95 [(c)(182)(i)(C)]. 26.11.06.10............ Refuse Burning 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5). Prohibited in Certain Installations. 26.11.06.14............ Control of PSD sources 10/10/01 5/28/02, 67 FR 36810 (c)(171). 26.11.06.15............ Nitrogen Oxides from 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5). Nitric Acid Plants. 26.11.06.16............ Tables................ 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5). ---------------------------------------------------------------------------------------------------------------- 26.11.07 Open Fires ---------------------------------------------------------------------------------------------------------------- 26.11.07.01............ Definitions........... 5/22/95 6/11/02, 67 FR 39856 (c)(173). 26.11.07.02............ General............... 5/22/95 2/25/97, 62 FR 8380 (c)(120). 26.11.07.03............ Control Officer May 8/11/97 6/11/02, 67 FR 39856 (c)(173). Authorize Certain Open Fires. 26.11.07.04............ Public Officers May 5/22/95 2/25/97, 62 FR 8380 (c)(120). Authorize Certain Fires. 26.11.07.05............ Open Fires Allowed 5/22/95 2/25/97, 62 FR 8380 (c)(120) .05A(3) Without Authorization & (4), and of Control Officer or .05B(3) are State- Public Officer. enforceable only. 26.11.07.06............ Safety Determinations 8/11/97 6/11/02, 67 FR 39856 (c)(173). at Federal Facilities. ---------------------------------------------------------------------------------------------------------------- 10.18.08 Control of Incinerators ---------------------------------------------------------------------------------------------------------------- 10.18.08.01............ Definitions........... 3/25/84 7/2/85, 50 FR 27245 (c)(82). 10.18.08.02............ Applicability......... 7/18/80 8/5/81, 46 FR 39818 (c)(45). 10.18.08.03............ Prohibition of Certain 6/8/81 5/11/82, 47 FR 20126 (c)(58). Incinerators in Areas III and IV. 10.18.08.04............ Visible Emissions..... 3/25/84 7/2/85, 50 FR 27245 (c)(82). 10.18.08.05............ Particulate Matter.... 3/25/84 7/2/85, 50 FR 27245 (c)(82). 10.18.08.06............ Prohibition of 3/25/84 7/2/85, 50 FR 27245 (c)(82). Unapproved Hazardous Waste Incinerators. ---------------------------------------------------------------------------------------------------------------- 26.11.09 Control of Fuel Burning Equipment and Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations ---------------------------------------------------------------------------------------------------------------- 26.11.09.01............ Definitions........... 6/21/04 7/6/05, 70 FR 38774 Revised definition of ``fuel'' in 26.11.09.01B(2- 1)(a). 26.11.09.02............ Applicability......... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(7). 26.11.09.03............ General Conditions for 6/21/04 7/6/05, 70 FR 38774 Revised paragraphs Fuel Burning 26.11.09.03C(1) and Equipment. .03C(2). 26.11.09.04............ Prohibition of Certain 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(7). New Fuel Burning Equipment. 26.11.09.05............ Visible Emissions..... 11/11/02 5/1/03, 68 FR 23206 (c)(183). 26.11.09.06............ Control of Particulate 6/21/04 7/6/05, 70 FR 38774 Addition of paragraph Matter. 26.11.09.06C. 26.11.09.07............ Control of Sulfur 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(7). Oxides from Fuel Burning Equipment. 26.11.09.08............ Control of NOX 11/24/03 9/20/04, 69 FR 56170 (c)(191). Emissions for Major Stationary Sources. 26.11.09.09............ Tables and Diagrams... 11/11/02 5/1/03, 68 FR 23206 (c)(183); Revised Table 1. ---------------------------------------------------------------------------------------------------------------- 26.11.10 Control of Iron and Steel Production Installations ---------------------------------------------------------------------------------------------------------------- 26.11.10.01............ Definitions........... 12/25/00 11/7/01, 66 FR 56222 (c)(163). 26.11.10.02............ Applicability......... 11/2/98 9/7/01, 66 FR 46727 (c)(153). 26.11.10.03............ Visible Emissions..... 11/2/98 9/7/01, 66 FR 46727 (c)(153). 26.11.10.04............ Control of Particulate 11/2/98 9/7/01, 66 FR 46727 (c)(153). Matter. 26.11.10.05............ Sulfur Content 11/2/98 9/7/01, 66 FR 46727 (c)(153). Limitations for Coke Oven Gas. 26.11.10.06[1]......... Control of Volatile 12/25/00 11/7/01, 66 FR 56222 (c)(163). Organic Compounds from Iron and Steel Production Installations. 26.11.10.06[2]......... Carbon Monoxide....... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(8). 26.11.10.07............ Testing and 12/25/00 11/7/01, 66 FR 56222 (c)(163). Observation Procedures. ---------------------------------------------------------------------------------------------------------------- 26.11.11 Control of Petroleum Products Installations, Including Asphalt Paving, Asphalt Concrete Plants, and Use of Waste Oils ---------------------------------------------------------------------------------------------------------------- 26.11.11.01............ Applicability......... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(9). 26.11.11.02............ Asphalt Paving........ 4/26/93 1/6/95, 60 FR 2018 (c)(113)(i)(B)(1). 26.11.11.03............ Asphalt Concrete 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(9). Plants in Areas I, II, V, and VI. 26.11.11.06............ Use of Waste Oils as 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(9). Fuel. ---------------------------------------------------------------------------------------------------------------- 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations ---------------------------------------------------------------------------------------------------------------- 26.11.12.01............ Definitions........... 5/8/95 7/25/00, 64 FR 45743 (c)(149). 26.11.12.02............ Applicability......... 5/8/95 7/25/00, 64 FR 45743 (c)(149). 26.11.12.03............ Prohibitions and 5/8/95 7/25/00, 64 FR 45743 (c)(149). Exemptions. 26.11.12.04............ Visible Emissions..... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(10). 26.11.12.05............ Particulate Matter.... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(10). 26.11.12.06............ Reporting Requirements 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(10). ---------------------------------------------------------------------------------------------------------------- 26.11.13 Control of Gasoline and Other Volatile Organic Compound Storage and Handling ---------------------------------------------------------------------------------------------------------------- 26.11.13.01............ Definitions........... 8/11/97 12/22/98, 63 FR 70667 (c)(130). 26.11.13.02............ Applicability and 4/26/93 1/6/95, 60 FR 2018 (c)(113)(i)(B)(3). Exemption. 26.11.13.03............ Large Storage Tanks... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(12). 26.11.13.04............ Loading Operations.... 8/11/97 12/22/98, 63 FR 70667 (c)(132). 26.11.13.05............ Gasoline Leaks from 2/15/93 1/6/95, 60 FR 2018 (c)(112). Tank Trucks. 26.11.13.06............ Plans for Compliance.. 4/26/93 1/6/95, 60 FR 2018 (c)(113)(i)(B)(5). 26.11.13.07............ Control of VOC 1/21/02 6/29/04, 69 FR 38848 (c)(184). Emissions from Portable Fuel Containers. ---------------------------------------------------------------------------------------------------------------- 26.11.14 Control of Emissions From Kraft Pulp Mills ---------------------------------------------------------------------------------------------------------------- 26.11.14.01............ Definitions........... 1/8/01 11/7/01, 66 FR 56220 (c)(170). 10/15/01 26.11.14.02............ Applicability......... 1/8/01 11/7/01, 66 FR 56220 (c)(170). 26.11.14.06............ Control of Volatile 1/8/01 11/7/01, 66 FR 56220 (c)(170). Organic Compounds. 10/15/01 ---------------------------------------------------------------------------------------------------------------- 26.11.17 Requirements for Major New Sources and Modifications ---------------------------------------------------------------------------------------------------------------- 26.11.17.01............ Definitions........... 11/24/03 9/20/04, 69 FR 56170 52.1070(c)(191). 26.11.17.02............ Applicability......... 4/26/93 2/12/01, 66 FR 9766 52.1070(c)(148). 10/2/00 26.11.17.03............ General Conditions.... 4/26/93 2/12/01, 66 FR 9766 52.1070(c)(191). 10/2/00 26.11.17.04............ Baseline for 4/26/93 2/12/01, 66 FR 9766 52.1070(c)(148). Determining Credit 10/2/00 for Emission and Air Quality Offsets. 26.11.17.05............ Administrative 4/26/93 2/12/01, 66 FR 9766 52.1070(c)(148). Procedures. 10/2/00 ---------------------------------------------------------------------------------------------------------------- 26.11.19 Volatile Organic Compounds From Specific Processes ---------------------------------------------------------------------------------------------------------------- 26.11.19.01............ Definitions........... 6/5/95 9/2/97, 62 FR 46199 (c)(126); Note: On 5/ 13/1998 (63 FR 26462), EPA approved the revised definition of ``major stationary source of VOC'' with a State effective date of 5/8/1995 [(c)(128)]. 26.11.19.02............ Applicability, 5/4/98 2/3/03, 68 FR 5228 (c)(174), (c)(175) 1. Determining 12/10/01 Limited approval of Compliance, paragraph .02G (9/4/ Reporting, and 98, 63 FR 47174) General Requirements. [(c)(131)-(c)(133)] 2. On 2/27/03 (68 FR 9012), EPA approved a revised rule citation with a State effective date of 5/8/95 [(c)(182)(i)(D)]. 26.11.19.03............ Automotive and Light- 9/22/97 11/5/98, 63 FR 59720 (c)(140). Duty Truck Coating. 26.11.19.04............ Can Coating........... 8/1/88 11/3/92, 57 FR 49651 (C)(90)(i)(B)(12). 26.11.19.05............ Coil Coating.......... 8/1/88 11/3/92, 57 FR 49651 (C)(90)(i)(B)(12). 26.11.19.06............ Large Appliance 8/1/88 11/3/92, 57 FR 49651 (C)(90)(i)(B)(12). Coating. 26.11.19.07............ Paper, Fabric, Vinyl 8/24/98 1/14/2000, 64 FR 2334 (c)(147). and Other Plastic Parts Coating. 26.11.19.07-1.......... Control of VOC 6/15/98 6/17/99, 64 FR 32415 (c)(142). Emissions from solid Resin Decorative Surface Manufacturing. 26.11.19.08............ Metal Furniture 8/1/88 11/3/92, 57 FR 49651 (C)(90)(i)(B)(12). Coating. 26.11.19.09............ Control of Volatile 6/5/95 8/4/97, 62 FR 41853 (c)(123). Organic Compounds (VOC) Emissions from cold and Vapor Degreasing. 26.11.19.10............ Flexographic and 6/5/95 9/2/97, 62 FR 46199 (c)(126). Rotogravure Printing. 26.11.19.11............ Control of Volatile 6/5/95 9/2/97, 62 FR 46199 (c)(126). Organic Compounds (VOC) Emissions from Sheet-Fed and Web Lithographic Printing. 26.11.19.12............ Dry Cleaning 9/22/97 9/2/98, 63 FR 46662 (c)(131). Installations. 26.11.19.13............ Miscellaneous Metal 5/8/91 11/29/94, 59 FR 60908 (c)(102)(i)(B)(6). Coating. 26.11.19.13-1.......... Aerospace Coating 10/2/00 11/7/01, 66 FR 56220 (c)(169). Operations. 10/15/01 26.11.19.13-2.......... Control of VOC 8/24/98 6/17/99, 64 FR 32415 (c)(142). Emissions from Brake Shoe Coating Operations. 26.11.19.13-3.......... Control of VOC 6/29/98 6/17/99, 64 FR 32415 (c)(142). Emissions from Structural Steel Coating Operations. 26.11.19.14............ Manufacture of 5/8/91 11/29/94, 59 FR 60908 (c)(102)(i)(B)(14). Synthesized Pharmaceutical Products. 26.11.19.15............ Paint, Resin, and 5/4/98 10/28/99, 64 FR 57989 (c)(145). Adhesive 3/22/99 Manufacturing and Adhesive Application. 26.11.19.16............ Control of VOC 8/19/91 9/7/94, 59 FR 46180 (c)(103)(i)(B)(9). Equipment Leaks. 26.11.19.17............ Control of Volatile 6/21/04 10/27/04, 69 FR 62589 ..................... Organic Compounds (VOC) Emissions from Yeast Manufacturing. 26.11.19.18............ Control of Volatile 6/10/02 1/15/03, 68 FR 1972 (c)(177). Organic Compounds (VOC) Emissions from Screen Printing and Digital Imaging. 26.11.19.19............ Control of Volatile 10/2/00 5/7/01, 66 FR 22924 (c)(156). Organic Compounds (VOC) Emissions from Expandable Polystyrene Operations. 26.11.19.21............ Control of Volatile 7/3/95 10/15/97, 62 FR 53544 (c)(125)(i)(B)(4). Organic Compounds (VOC) Emissions from Commercial Bakery Ovens. 26.11.19.22............ Control of Volatile 8/11/97 9/23/99, 64 FR 41445 (c)(137). Organic Compounds (VOC) Emissions from Vinegar Generators. 26.11.19.23............ Control of Volatile 5/22/95 8/4/97, 62 FR 41853 (c)(124). Organic Compounds (VOC) Emissions from Vehicle Refinishing. 26.11.19.24............ Control of Volatile 8/11/97 9/23/99, 64 FR 41445 (c)(137). Organic Compounds (VOC) Emissions from Leather Coating Operations. 26.11.19.25............ Control of Volatile 8/11/97 1/26/99, 64 FR 3852 (c)(141). Organic Compounds from Explosives and Propellant Manufacturing. 26.11.19.26............ Control of Volatile 8/11/97 8/19/99, 64 FR 45182 (c)(139). Organic Compound Emissions from Reinforced Plastic Manufacturing. 26.11.19.27............ Control of Volatile 10/20/97 9/5/01, 66 FR 46379 (c)(166). Organic Compounds from Marine Vessel Coating Operations. 26.11.19.28............ Control of Volatile 10/2/00 5/7/01, 66 FR 22924 (c)(157). Organic Compounds from Bread and Snack Food Drying Operations. 26.11.19.29............ Control of Volatile 10/2/00 11/7/01, 66 FR 56220 (c)(160). Organic Compounds 10/15/01 from Distilled Spirits Facilities. 26.11.19.30............ Control of Volatile 12/10/01 6/3/03, 68 FR 33000 (c)(176). Organic Compounds 11/11/02 from Organic Chemical Production and Polytetrafluoroethyle ne Installations. ---------------------------------------------------------------------------------------------------------------- 26.11.20 Mobile Sources ---------------------------------------------------------------------------------------------------------------- 26.11.20.02............ Motor Vehicle Emission 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(13), Control Devices. [as 26.11.20.06]. 26.11.20.03............ Motor Vehicle Fuel 10/26/92 6/10/94, 59 FR 29957 (c)(101)(i)(B)(3). Specifications. 26.11.20.04............ National Low Emission 3/22/99 12/28/99, 64 FR 72564 (c)(146). Vehicle Program. ---------------------------------------------------------------------------------------------------------------- 26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities ---------------------------------------------------------------------------------------------------------------- 26.11.24.01............ Definitions........... 4/15/02 5/7/03, 68 FR 24363 (c)(178). 26.11.24.01-1.......... Incorporation by 4/15/02 5/7/03, 68 FR 24363 (c)(178). Reference. 26.11.24.02............ Applicability, 4/15/02 5/7/03, 68 FR 24363 (c)(178). Exemptions, and Effective Date. 26.11.24.03............ General Requirements.. 4/15/02 5/7/03, 68 FR 24363 (c)(178). 26.11.24.04............ Testing Requirements.. 4/15/02 5/7/03, 68 FR 24363 (c)(178). 26.11.24.05............ Inspection 2/15/93 6/9/94, 59 FR 29730 (c)(107). Requirements. 26.11.24.06............ Training Requirements 2/15/93 6/9/94, 59 FR 29730 (c)(107). for Operation and Maintenance of Approved Systems. 26.11.24.07............ Recordkeeping and 4/15/02 5/7/03, 68 FR 24363 (c)(178). Reporting Requirements. 26.11.24.08............ Instructional Signs... 2/15/93 6/9/94, 59 FR 29730 (c)(107). 26.11.24.09............ Sanctions............. 2/15/93 6/9/94, 59 FR 29730 (c)(107). ---------------------------------------------------------------------------------------------------------------- 26.11.25 Control of Glass Melting Furnaces ---------------------------------------------------------------------------------------------------------------- 26.11.25.01............ Definitions........... 10/5/98 10/19/05, 70 FR 60738 26.11.25.02............ Applicability and 10/5/98 10/19/05, 70 FR 60738 Exemptions. 26.11.25.03............ Visible Emissions from 10/5/98 10/19/05, 70 FR 60738 Glass Melting Furnaces. 26.11.25.04............ Particulate Matter 10/5/98 10/19/05, 70 FR 60738 Emissions from Glass Melting Furnaces. ---------------------------------------------------------------------------------------------------------------- 26.11.26 Conformity ---------------------------------------------------------------------------------------------------------------- 26.11.26.01............ Definitions........... 5/15/95 12/9/98, 63 FR 67782 (c)(136); definitions 6/5/95 of Applicable implementation plan, Governor, State, and State air agency. 26.11.26.03............ General Conformity.... 5/15/95 12/9/98, 63 FR 67782 (c)(136); current 6/5/95 COMAR citation is 26.11.26.04. ---------------------------------------------------------------------------------------------------------------- 26.11.29 NOX Reduction and Trading Program ---------------------------------------------------------------------------------------------------------------- 26.11.29.01............ Definitions........... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). 26.11.29.02............ Incorporation by 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). Reference. 26.11.29.03............ Scope and 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). Applicability. 26.11.29.04............ General Requirements 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). for Affected Trading Sources. 26.11.29.05............ NOX Allowance 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). Allocations. 26.11.29.06............ Compliance Supplement 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). Pool. 26.11.29.07............ Allowance Banking..... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). 26.11.29.08............ Emission Monitoring... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). 26.11.29.09............ Requirements for New 11/24/03 3/22/04, 69 FR 13236 (c)(184)(i)(C)(1)- Sources and Set-Aside (5). Pool. 26.11.29.10............ Reporting............. 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). 26.11.29.11............ Recordkeeping......... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). 26.11.29.12............ End-of-Season 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). Reconciliation. 26.11.29.13............ Compliance 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). Certification. 26.11.29.14............ Penalties............. 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). 26.11.29.15............ Requirements for 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1). Affected Nontrading Sources. ---------------------------------------------------------------------------------------------------------------- 26.11.30 Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program ---------------------------------------------------------------------------------------------------------------- 26.11.30.01............ Scope and 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2). Applicability. 26.11.30.02............ Definitions........... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2). 26.11.30.03............ Procedures Relating to 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2). Compliance Accounts and Overdraft Accounts. 26.11.30.04............ Procedures Relating to 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2). General Accounts. 26.11.30.05............ Allowance Banking..... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2). 26.11.30.06............ Allowance Transfers... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2). 26.11.30.07............ Early Reductions...... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2). 26.11.30.08............ Opt-In Procedures..... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2). 26.11.30.09............ Allocation of 11/24/03 3/22/04, 69 FR 13236 (c)(184)(i)(A)(1)- Allowances. (3). ---------------------------------------------------------------------------------------------------------------- 26.11.32 Control of Emissions of Volatile Organic Compounds From Consumer Products ---------------------------------------------------------------------------------------------------------------- 26.11.32.01............ Applicability and 8/18/03 12/9/03, 68 FR 68523 (c)(185). Exemptions. 26.11.32.02............ Incorporation by 8/18/03 12/9/03 68 FR 68523 (c)(185). Reference. 26.11.32.03............ Definitions........... 8/18/03 12/9/03, 68 FR 68523 (c)(185). 26.11.32.04............ Standards_General..... 8/18/03 12/9/03, 68 FR 68523 (c)(185). 26.11.32.05............ Standards_Requirements 8/18/03 12/9/03, 68 FR 68523 (c)(185). for Charcoal Lighter Materials. 26.11.32.06............ Standards_Requirements 8/18/03 12/9/03, 68 FR 68523 (c)(185). for Aerosol Adhesives. 26.11.32.07............ Standards_Requirements 8/18/03 12/9/03, 68 FR 68523 (c)(185). for Floor Wax Strippers. 26.11.32.08............ Innovative 8/18/03 12/9/03, 68 FR 68523 (c)(185). Products_CARB Exemption. 26.11.32.09............ Innovative 8/18/03 12/9/03, 68 FR 68523 (c)(185). Products_Department Exemption. 26.11.32.10............ Administrative 8/18/03 12/9/03, 68 FR 68523 (c)(185). Requirements. 26.11.32.11............ Reporting Requirements 8/18/03 12/9/03, 68 FR 68523 (c)(185). 26.11.32.12............ Variances............. 8/18/03 12/9/03, 68 FR 68523 (c)(185). 26.11.32.13............ Test Methods.......... 8/18/03 12/9/03, 68 FR 68523 (c)(185). 26.11.32.14............ Alternative Control 8/18/03 12/9/03, 68 FR 68523 (c)(185). Plan (ACP). 26.11.32.15............ Approval of an ACP 8/18/03 12/9/03, 68 FR 68523 (c)(185). Application. 26.11.32.16............ Record keeping and 8/18/03 12/9/03, 68 FR 68523 (c)(185). Availability of Requested Information. 26.11.32.17............ Violations............ 8/18/03 12/9/03, 68 FR 68523 (c)(185). 26.11.32.18............ Surplus Reductions and 8/18/03 12/9/03, 68 FR 68523 (c)(185). Surplus Trading. 26.11.32.19............ Limited-Use Surplus 8/18/03 12/9/03, 68 FR 68523 (c)(185). Reduction Credits for Early Reformulations of ACP Products. 26.11.32.20............ Reconciliation of 8/18/03 12/9/03, 68 FR 68523 (c)(185). Shortfalls. 26.11.32.21............ Modifications to an 8/18/03 12/9/03, 68 FR 68523 (c)(185). ACP. 26.11.32.22............ Cancellation of an ACP 8/18/03 12/9/03, 68 FR 68523 (c)(185). 26.11.32.23............ Transfer of an ACP.... 8/18/03 12/9/03, 68 FR 68523 (c)(185). ---------------------------------------------------------------------------------------------------------------- 26.11.33 Architectural Coatings ---------------------------------------------------------------------------------------------------------------- 26.11.33.01............ Applicability and 3/29/04 5/12/05, 70 FR 24979 Exemptions. 26.11.33.02............ Test 3/29/04 5/12/05, 70 FR 24979 Methods_Incorporation by Reference. 26.11.33.03............ Definitions........... 3/29/04 5/12/05, 70 FR 24979 26.11.33.04............ General Standard_VOC 3/29/04 5/12/05, 70 FR 24979 Content Limits. 26.11.33.05............ VOC Content Limits.... 3/29/04 5/12/05, 70 FR 24979 ..................... 26.11.33.06............ Most Restrictive VOC 2/28/05 10/19/05, 70 FR 60740 Addition of sections Limit. B(15) through B(19). 26.11.33.07............ Painting Restrictions. 3/29/04 5/12/05, 70 FR 24979 ..................... 26.11.33.08............ Thinning.............. 3/29/04 5/12/05, 70 FR 24979 ..................... 26.11.33.09............ Rust Preventive 3/29/04 5/12/05, 70 FR 24979 ..................... Coatings. 26.11.33.10............ Coatings Not Listed in 2/28/05 10/19/05, 70 FR 60740 ..................... Regulation .05. 26.11.33.11............ Lacquers.............. 3/29/04 5/12/05, 70 FR 24979 ..................... 26.11.33.12............ Container Labeling 2/28/05 10/19/05, 70 FR 60740 Deleted section K. Requirements. 26.11.33.13............ Recordkeeping 2/28/05 10/19/05, 70 FR 60740 ..................... Requirements. 26.11.33.14............ Compliance Provisions 3/29/04 5/12/05, 70 FR 24979 ..................... and Test Methods. ---------------------------------------------------------------------------------------------------------------- 11.14.08 Vehicle Emissions Inspection Program ---------------------------------------------------------------------------------------------------------------- 11.14.08.01............ Title................. 1/2/95 10/29/99, 64 FR 58340 (c)(144). 11.14.08.02............ Definitions........... 1/2/95 10/29/99, 64 FR 58340 (c)(144). 10/19/98 11.14.08.03............ Applicability......... 6/10/02 1/16/03, 68 FR 2208 (c)(179). 11.14.08.04............ Exemptions............ 1/2/95 10/29/99, 64 FR 58340 (c)(144). 11.14.08.05............ Schedule of the 1/2/95 10/29/99, 64 FR 58340 (c)(144). Program. 12/16/96 11.14.08.06............ Certificates.......... 6/10/02 1/16/03, 68 FR 2208 (c)(179). 11.14.08.07............ Extensions............ 1/2/95 10/29/99, 64 FR 58340 (c)(144). 10/19/98 11.14.08.08............ Enforcement........... 1/2/95 10/29/99, 64 FR 58340 (c)(144). 11.14.08.09............ Inspection Standards.. 6/10/02 1/16/03, 68 FR 2208 (c)(179). 11.14.08.10............ General Requirements 1/2/95 10/29/99, 64 FR 58340 (c)(144). for Inspection and 12/16/96 Preparation for 10/19/98 Inspection. 11.14.08.11............ Idle Exhaust Emissions 10/18/98 10/29/99, 64 FR 58340 (c)(144). Test and Equipment Checks. 11.14.08.11-1.......... Transient Exhaust 12/16/96 10/29/99, 64 FR 58340 (c)(144). Emissions Test and 10/19/98 Evaporative Purge Test Sequence. 11.14.08.12............ Evaporative Integrity 6/10/02 1/16/03, 68 FR 2208 (c)(179). Test, Gas Cap Leak Test, and On-Board Diagnostics Interrogation Procedures. 11.14.08.13............ Failed Vehicle and 1/2/95 10/29/99, 64 FR 58340 (c)(144). Reinspection Procedures. 11.14.08.14............ Dynamometer System 1/2/95 10/29/99, 64 FR 58340 (c)(144). Specifications. 11.14.08.15............ Constant Volume 1/2/95 10/29/99, 64 FR 58340 (c)(144). Sampler, Analysis 10/19/98 System, and Inspector Control Specifications. 11.14.08.16............ Evaporative Test 6/10/02 1/16/03, 68 FR 2208 (c)(179). Equipment, Gas Cap Leak Test Equipment, and on-Board Diagnostics Interrogation Equipment Specifications. 11.14.08.17............ Quality Assurance and 1/2/95 10/29/99, 64 FR 58340 (c)(144). Maintenance-General Requirements. 11.14.08.18............ Test Assurance 1/2/95 10/29/99, 64 FR 58340 (c)(144). Procedures. 11.14.08.19............ Dynamometer Periodic 1/2/95 10/29/99, 64 FR 58340 (c)(144). Quality Assurance Checks. 11.14.08.20............ Constant Volume 1/2/95 10/29/99, 64 FR 58340 (c)(144). Sampler Periodic Quality Assurance Checks. 11.14.08.21............ Analysis System 1/2/95 10/29/99, 64 FR 58340 (c)(144). Periodic Quality Assurance Checks. 11.14.08.22............ Evaporative Test 1/2/95 10/29/99, 64 FR 58340 (c)(144). Equipment, Gas Cap 10/19/98 Leak Test Equipment and On-board Diagnostics Interrogation Equipment Periodic Quality Assurance Checks. 11.14.08.23............ Overall System 1/2/95 10/29/99, 64 FR 58340 (c)(144). Performance Quality Assurance. 11.14.08.24............ Control Charts........ 1/2/95 10/29/99, 64 FR 58340 (c)(144). 11.14.08.25............ Gas Specifications.... 1/2/95 10/29/99, 64 FR 58340 (c)(144). 11.14.08.26............ Vehicle Emissions 1/2/95 10/29/99, 64 FR 58340 (c)(144). Inspection Station. 11.14.08.27............ Technician's Vehicle 1/2/95 10/29/99, 64 FR 58340 (c)(144). Report. 10/19/98 11.14.08.28............ Feedback Reports...... 1/2/95 10/29/99, 64 FR 58340 (c)(144). 10/19/98 11.14.08.29............ Certified Emissions 1/2/95 10/29/99, 64 FR 58340 (c)(144). Technicians. 12/16/96 11.14.08.30............ Certified Emissions 1/2/95 10/29/99, 64 FR 58340 (c)(144). Repair Facility. 12/16/96 11.14.08.31............ On-Highway Emissions 1/2/95 10/29/99, 64 FR 58340 (c)(144). Test. 11.14.08.32............ Fleet Inspection 1/2/95 10/29/99, 64 FR 58340 (c)(144). Station. 12/16/96 10/19/98 11.14.08.33............ Fleet Inspection 1/2/95 10/29/99, 64 FR 58340 (c)(144). Standards. 11.14.08.34............ Fleet Inspection and 1/2/95 10/29/99, 64 FR 58340 (c)(144). Reinspection Methods. 11.14.08.35............ Fleet Equipment and 1/2/95 10/29/99, 64 FR 58340 (c)(144). Quality Assurance Requirements. 11.14.08.36............ Fleet Personnel 1/2/95 10/29/99, 64 FR 58340 (c)(144). Requirements. 11.14.08.37............ Fleet Calibration Gas 1/2/95 10/29/99, 64 FR 58340 (c)(144). Specifications and Standard Reference Methods. 11.14.08.38............ Fleet Recordkeeping 1/2/95 10/29/99, 64 FR 58340 (c)(144). Requirements. 11.14.08.39............ Fleet Fees............ 1/2/95 10/29/99, 64 FR 58340 (c)(144). 11.14.08.40............ Fleet License 1/2/95 10/29/99, 64 FR 58340 (c)(144). Suspension and Revocation. 11.14.08.41............ Audits................ 1/2/95 10/29/99, 64 FR 58340 (c)(144). 11.14.08.42............ Fleet Inspection After 1/2/95 10/29/99, 64 FR 58340 (c)(144). 1998. 2/16/96 10/19/98 ---------------------------------------------------------------------------------------------------------------- 03.03.05 Motor Fuel Inspection [Contingency SIP Measure] ---------------------------------------------------------------------------------------------------------------- 03.03.05.01............ Definitions........... 12/18/95 1/30/96, 61 FR 2982 (c)(101)(i)(B)(4); 03.03.05.01-1.......... Standard 12/18/95 1/30/96, 61 FR 2982 Approved as a 03.03.05.02-1.......... Specifications for 10/26/92 6/10/94, 58 FR 29957 contingency SIP Gasoline. measure as part of Other Motor Vehicle the CO Maintenance Fuels. Plans for Baltimore and DC. [(c)(117) and (c)(118)]. 03.03.05.05............ Labeling of Pumps..... 12/18/95 1/30/96, 61 FR 2982 03.03.05.08............ Samples and Test 10/26/92 6/10/94, 58 FR 29957 Tolerance. 03.03.05.15............ Commingled Products... 10/26/92 6/10/94, 58 FR 29957 ---------------------------------------------------------------------------------------------------------------- 03.03.06 Emissions Control Compliance [Contingency SIP Measure] ---------------------------------------------------------------------------------------------------------------- 03.03.06.01............ Definitions........... 12/18/95 1/30/96, 61 FR 2982 (c)(101)(i)(B)(5); 03.03.06.02............ Vapor Pressure 10/26/92 6/10/94, 58 FR 29957 Approved as a 03.03.06.03............ Determination. 12/18/95 1/30/96, 61 FR 2982 contingency SIP Oxygen Content measure as part of Determination. the CO Maintenance Plans for Baltimore and DC. [(c)(117) and (c)(118)]. 03.03.06.04............ Registration.......... 10/26/92 6/10/94, 58 FR 29957 03.03.06.05............ Recordkeeping......... 10/26/92 6/10/94, 58 FR 29957 03.03.06.06............ Transfer Documentation 12/18/95 1/30/96, 61 FR 2982 ---------------------------------------------------------------------------------------------------------------- TM Technical Memoranda ---------------------------------------------------------------------------------------------------------------- TM81-04................ Procedures for 5/1/81 6/18/82, 47 FR 26381 (c)(67). Observing and Evaluating Visible Emissions from Stationary Sources. TM83-05................ Stack Test Methods for 6/1/83 2/23/85, 50 FR 7595 (c)(80). Stationary Sources. TM91-01 [Except Methods Test Methods and 2/15/93 9/7/94, 59 FR 46105 (c)(105)(i)(B)(1). 1004, 1004A through I, Equipment 1010]. Specifications for Stationary Sources. ---------------------------------------------------------------------------------------------------------------- \1\ Recodified 8/1/88. (d) EPA approved state source-specific requirements. EPA-Approved Maryland Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State effective Additional Name of source Permit No./type date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- (PEPCO)_Chalk Point #49352 Amended Consent 1/27/78 4//2/79 52.1100(c)(22); FRN Units #1 and #2. Order. 44 FR 19192 republished 5/3/79 (44 FR 25840) Beall Jr./Sr. High Consent Order......... 1/30/79 3/18/80, 45 FR 17144 52.1100(c)(26) School. Mt. Saint Mary's Consent Order......... 3/8/79 3/18/80, 45 FR 17144 52.1100(c)(26) College. Potomac Electric Power Secretarial Order..... 7/19/79 9/3/80, 40 FR 58340 52.1100(c)(34) Company (PEPCO)_Chalk Point. Maryland Slag Co....... Consent Agreement 10/31/80 9/8/81, 41 FR 44757 52.1100(c)(49) (Order). Northeast Maryland Secretarial Order..... 11/20/81 7/7/82, 47 FR 29531 52.1100(c)(65) Waste Disposal (Wheelabrator-Frye, Authority. Inc.) Northeast Maryland Secretarial Order..... 2/25/83 8/24/83, 45 FR 55179 52.1100(c)(70) Waste Disposal (Shutdown of Authority and landfill for Wheelabrator-Frye, offsets) Inc. and the Mayor and City Council of Baltimore and BEDCO Development Corp. Westvaco Corp.......... Consent Order......... 9/6/83, Rev. 1/ 12/20/84, 49 FR 49457 52.1100(c)(74) 26/84 American Cyanamid Co... Secretarial Order 8/2/84 5/16/90, 55 FR 20269 52.1100(c)(87) [later (bubble). renumbered as 52.1100(c)(91)] Potomac Electric Power Administrative Consent 9/13/99 12/15/00, 65 FR 78416 52.1100(c)(151) Company (PEPCO). Order. Thomas Manufacturing Consent Decree........ 2/15/01 11/15/01, 66 FR 57395 52.1100(c)(167) Corp. Constellation Power Consent Order and NOX 4/25/01 2/27/02, 67 FR 8897 52.1100(c)(168) Source Generation, RACT Averaging Plan Inc._Brandon Shores Proposal. Units #1 & 2; Gould Street Unit #3; H.A. Wagner Units #1, 2, 3 & 4; C.P. Crane Units #1 & 3; and Riverside Unit #4. Kaydon Ring and Seal, Consent Order......... 3/5/04 8/31/04, 69 FR 53002 (c)(190); SIP Inc. effective date is 11/ 1/04 ---------------------------------------------------------------------------------------------------------------- (e) EPA-approved nonregulatory and quasi-regulatory material. ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory Applicable geographic State submittal Additional SIP revision area date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- 1990 Base Year Metropolitan Baltimore 9/20/95 10/30/95, 60 FR 55321 52.1075(a), CO Emissions Inventory. Ozone Nonattainment Area. 1990 Base Year Metropolitan 3/21/94, 10/12/ 1/30/96, 61 FR 2931 52.1075(b), CO Emissions Inventory. Washington Ozone 95 Nonattainment Area. 1990 Base Year All ozone 3/21/94 9/27/96, 61 FR 50715 52.1075(c), VOC, NOX, Emissions Inventory. nonattainment areas. CO 1990 Base Year Kent and Queen Anne's 3/21/94 4/23/97, 62 FR 19676 52.1075(d), VOC, NOX, Emissions Inventory. Counties. CO 1990 Base Year Metropolitan 3/21/94 4/23/97, 62 FR 19676 52.1075(e), VOC, NOX, Emissions Inventory. Washington Ozone CO Nonattainment Area. 1990 Base Year Metropolitan 12/24/97 7/8/98, 63 FR 36854 52.1075(f), VOC, NOX Emissions Inventory. Washington Ozone Nonattainment Area. 1990 Base Year Metropolitan Baltimore 12/24/97 2/3/00, 63 FR 5245 52.1075(g), VOC, NOX Emissions Inventory. Ozone Nonattainment Area. 1990 Base Year Philadelphia- 12/24/97, 4/29/ 2/3/00, 63 FR 5252 52.1075(h), VOC, NOX Emissions Inventory. Wilmington-Trenton 98, 12/21/99 Ozone Nonattainment Area. (Cecil County) 12/28/00 9/19/01, 66 FR 44809 15% Rate of Progress Philadelphia- 7/12/95, #95-20 7/29/97, 62 FR 40457 52.1076(a) Plan. Wilmington-Trenton Ozone Nonattainment Area (Cecil County). Stage II Vapor Recovery Western Maryland and 11/5/97 12/9/98, 63 FR 67780 52.1076(b) Comparability Plan. Eastern Shore Counties. 15% Rate of Progress Metropolitan Baltimore 10/7/98 2/3/00, 65 FR 5245 52.1076(c) Plan. Ozone Nonattainment Area. 15% Rate of Progress Metropolitan 5/5/98 7/19/00, 65 FR 44686 52.1076(d) Plan. Washington Ozone Nonattainment Area. Post-1996 Rate of Philadelphia- 12/24/97, 4/24/ 2/3/00, 63 FR 5252 52.1076(f) Progress Plan and Wilmington-Trenton 98, 8/18/98 contingency measures. Ozone Nonattainment Area (Cecil County). 12/21/99, 12/28/ 9/19/01, 66 FR 44809 00 3/8/04 4/15/04, 69 FR 19939 52.1076(f)(3) Ozone Attainment Plan.. Philadelphia- 4/29/98, 8/18/ 10/29/01, 66 FR 54578 52.1076(h) Wilmington-Trenton 98, 12/21/99, Ozone Nonattainment 12/28/00, 8/31/ Area (Cecil County). 01 9/2/03 10/27/03, 68 FR 61103 Transportation Philadelphia- 4/29/98, 8/18/ 10/29/01, 66 FR 54578 52.1076(i) Conformity Budgets. Wilmington-Trenton 98, 12/21/99, Ozone Nonattainment 12/28/00 Area (Cecil County). Post-1996 Rate of Metropolitan Baltimore 12/24/97, 4/24/ 9/26/01, 66 FR 49108 52.1076(j) Progress Plan and Ozone Nonattainment 98, 8/18/98, 12/ contingency measures. Area. 21/99, 12/28/00 Ozone Attainment Plan.. Metropolitan Baltimore 4/29/98, 8/18/ 10/30/01, 66 FR 54666 52.1076(k) Ozone Nonattainment 98, 12/21/99, Area. 12/28/00, 8/31/ 01 9/2/03 10/27/03, 68 FR 61103 52.1076(k) Mobile budgets......... Metropolitan Baltimore 8/31/01 10/30/01, 66 FR 54666 52.1076(l) Ozone Nonattainment Area. 9/2/03 10/27/03, 68 FR 61103 Mobile budgets (2005).. Metropolitan Baltimore 9/2/03 10/27/03, 68 FR 61103 52.1076(m) Ozone Nonattainment Area. Philadelphia- ................ ...................... ..................... Wilmington-Trenton Ozone Nonattainment Area (Cecil County). Extension for All ozone 7/9/02 1/16/03, 68 FR 2208 52.1078(b) incorporation of the nonattainment areas. on-board diagnostics (OBD) testing program into the Maryland I/M SIP. Photochenmical Metropolitan Baltimore 3/24/94 9/11/95, 60 FR 47081 52.1080 Assessment Monitoring and Metropolitan Stations (PAMS) Ozone Nonattainment Program. Areas. Consultation with Local All nonattainment and 10/8/81 4/8/82, 47 FR 15140 52.1100(c)(63) Officials (CAA PSD areas. Sections 121 and 127). Lead (Pb) SIP.......... City of Baltimore..... 10/23/80 2/23/82, 47 FR 7835 52.1100(c)(60), (61) TM#90-01_``Continuous Statewide............. 9/18/91 2/28/96, 61 FR 7418 52.1100(c)(106); Emission Monitoring approved into SIP as Policies and ``additional Procedures''_October material'', but not 1990. IBR'd Carbon Monoxide City of Baltimore- 9/20/95 10/31/95, 60 FR 55321 52.1100(c)(117) Maintenance Plan. Regional Planning 7/15/04 4/4/05, 70 FR 16958 Revised Carbon District 118. Monoxide Maintenance Plan Base Year Emissions Inventory using MOBILE6. Carbon Monoxide Montgomery County 10/12/95 1/30/96, 61 FR 2931 52.1100(c)(118) Maintenance Plan. Election Districts 4, 3/3/04 4/4/05, 70 FR 16958 Revised Carbon 7, and 13; Prince Monoxide Maintenance Georges County Plan Base Year Election Districts 2, Emissions Inventory 6, 16, 17 and 18. using MOBILE6. Ozone Maintenance Plan. Kent and Queen Anne's 2/4/04 10/21/04, 69 FR 61766 52.1100(c)(187); SIP Counties. effective date is 11/ 22/04 Non-Regulatory Washington, DC severe 2/19/04 5/12/05, 70 FR 24990 The nonregulatory Voluntary Emission 1-hour ozone measures found in Reduction Program. nonattainment area. section 7.6 and Appendix J of the plan. 1996-1999 Rate-of- Washington DC 1-hour 12/20/97, 5/13/05, 70 FR 25688 Only the TCMs in Progress Plan SIP and ozone nonattainment 5/20/99 Appendix H of the 5/ the Transportation area. 20/1999 revision, Control Measures 1999 motor vehicle (TCMs) in Appendix H. emissions budgets of 128.5 tons per day (tpy) of VOC and 196.4 tpy of NOX. 1990 Base Year Washington DC 1-hour 9/2/03, 5/13/05, 70 FR 25688 Inventory Revisions. ozone nonattainment 2/24/04 area. 1999-2005 Rate-of- Washington DC 1-hour 9/2/2003, 5/13/05, 70 FR 25688 Only the TCMs in Progress Plan SIP ozone nonattainment 2/24/04 Appendix J of the 2/ Revision and the area. 24/2004 revision, Transportation Control 2002 motor vehicle Measures (TCMs) in emissions budgets Appendix J. (MVEBs) of 125.2 tons per day (tpy) for VOC and 290.3 tpy of NOX, and, 2005 MVEBs of 97.4 tpy for VOC and 234.7 tpy of NOX. VMT Offset SIP Revision Washington DC 1-hour 9/2/03, 5/13/05, 70 FR 25688 ozone nonattainment 2/24/04 area. Contingency Measure Washington, DC Area... 9/2/2003, 5/13/05, 70 FR 25688 Plan. 2/24/04 1-hour Ozone Modeled Washington DC 1-hour 9/2/03, 5/13/05, 70 FR 25688 Demonstration of ozone nonattainment 2/24/04 Attainment. area. Attainment Washington County..... 12/20/04, 8/17/05, 70 FR 48283 Demonstration and 2/28/05 Early Action Plan for the Washington County Ozone Early Action Compact Area. 1-hour Ozone Attainment Washington DC 1-hour 9/2/03 11/16/05, 70 FR 69440 Plan. ozone nonattainment 2/24/04 area. ---------------------------------------------------------------------------------------------------------------- [69 FR 69306, Nov. 29, 2004, as amended at 69 FR 76855, Dec. 23, 2004; 70 FR 16123, Mar. 30, 2005; 70 FR 16963, Apr. 4, 2005; 70 FR 24986, 24990, May 12, 2005; 70 FR 25717, May 13, 2005; 70 FR 38776, July 6, 2005; 70 FR 48285, Aug. 17, 2005; 70 FR 60739, 60741, Oct. 19, 2005; 70 FR 66264, Nov. 2, 2005; 70 FR 69443, Nov. 16, 2005; 71 FR 5608, Feb. 2, 2006] § 52.1071 Classification of regions. top The Maryland plans were evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Cumberland-Keyser Interstate.............................. I I III III III Central Maryland Intrastate............................... II II III III III Metropolitan Baltimore Intrastate......................... I I I I I National Capital Interstate............................... I I III I I Southern Maryland Intrastate.............................. III III III III III Eastern Shore Intrastate.................................. II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10870, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 53475, Aug. 12, 1980] § 52.1072 Conditional approval. top (a)–(c) [Reserved] (d) Revisions to the Maryland State Implementation Plan pertaining to Maryland's major VOC source RACT and minor VOC source requirements, COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991, June 8, 1993, and July 12, 1995 by the Maryland Department of the Environment are conditionally approved. Maryland must meet the following conditions by no later than 12 months after the publication of the final conditional rulemaking. These conditions are: Maryland certify that it has submitted case-by-case RACT proposals for all sources subject to the RACT requirements; or demonstrate that the emissions from any remaining subject sources represent a de minimis level of emissions, as defined in the final rulemaking notice. (i) Additional Material. (A) Letter of February 7, 1996 from the Maryland Department of the Environment agreeing to meet certain conditions by no later than 12 months after the publication of the final conditional rulemaking. These conditions are: Maryland submit case-by-case RACT proposals for all sources subject to the RACT requirements; Maryland certify that, to the best of its knowledge, there are no other sources subject to the RACT requirements. (e) Maryland's severe ozone nonattainment area SIP for the Metropolitan Washington area, which includes the 1996–1999 portion of the rate-of-progress plan submitted on December 24, 1997 and May 20, 1999 and the transportation control measures in Appendix H of the May 25, 1999 submittal, and the severe ozone attainment demonstration submitted on April 29, 1998, August 17, 1998, February 14, 2000 and section 9.1.1.2 of the March 22, 2000 submittal and the transportation control measures in Appendix J of the February 9, 2000 submittal, is conditionally approved contingent on Maryland submitting a revised SIP by April 17, 2004 that satisfies certain conditions. This conditional approval also establishes motor vehicle emissions budgets for 2005 of 101.8 tons per day of volatile organic compounds (VOC) and 161.8 tons per day of nitrogen oxides (NOX) to be used in transportation conformity in the Metropolitan Washington, DC serious ozone nonattainment area until revised budgets based upon the MOBILE6 model are submitted and found adequate. Maryland must submit a revised SIP by April 17, 2004 that satisfies the following conditions. (1) Revises the 1996–1999 portion of the severe area ROP plan to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented should EPA determine that the Washington area failed to achieve the required 9 percent rate-of-progress reductions by November 15, 1999. (2) Revises the 1999–2005 portion of the severe area rate-of-progress plan to provide MOBILE6-based mobile source emission budgets and adopted measures sufficient to achieve emission reductions of ozone precursors of at least 3 percent per year from November 15, 1999 to the November 15, 2005 severe ozone attainment date. (3) Revises the severe area ROP plan to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented should EPA determine that the Washington area failed to achieve the ROP reductions required for the post-1999 period. (4) Revises the Washington area severe attainment demonstration to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented for the failure of the Washington area to attain the one-hour ozone standard for serious areas by November 15, 1999. (5) Revises the Washington area severe attainment demonstration to reflect revised MOBILE6-based motor vehicle emissions budgets, including revisions to the attainment modeling/weight of evidence demonstration and adopted control measures, as necessary, to show that the SIP continues to demonstrate attainment by November 15, 2005. (6) Revises the Washington area severe attainment demonstration to include a contingency plan containing those measures to be implemented if the Washington area does not attain the one-hour ozone standard by November 15, 2005. (7) Revises the Washington area severe attainment demonstration to include a revised RACM analysis and any revisions to the attainment demonstration including adopted control measures, as necessitated by such analysis. (8) Revises the major stationary source threshold to 25 tons per year. (9) Revises Reasonably Available Control Technology (RACT) rules to include the lower major source applicability threshold. (10) Revises new source review offset requirement to require an offset ratio of at least 1.3 to 1. (11) Includes a fee requirement for major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) should the area fail to attain by November 15, 2005. (12) Includes a revision that identifies and adopts specific enforceable transportation control strategies and transportation control measures to offset any growth in emissions from growth in vehicle miles traveled or number of vehicle trips and to attain reductions in motor vehicle emissions as necessary, in combination with other emission reduction requirements in the Washington area, to comply with the rate-of-progress requirements for severe areas. Measures specified in section 108(f) of the Clean Air Act will be considered and implemented as necessary to demonstrate attainment. [62 FR 40944, July 31, 1997, as amended at 62 FR 49616, Sept. 23, 1997; 62 FR 52666, Oct. 9, 1997; 63 FR 47179, Sept. 4, 1998; 64 FR 33200, June 22, 1999; 64 FR 58344, Oct. 29, 1999; 65 FR 5252, Feb. 3, 2000; 65 FR 44689, July 19, 2000; 66 FR 9527, Feb. 8, 2001; 68 FR 19131, Apr. 17, 2003] Effective Date Note: At 69 FR 19937, Apr. 15, 2004, in §52.1072, paragraph (e) was stayed indefinitely. § 52.1073 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves Maryland's plans for the attainment and maintenance of the national standards. (b) With the exceptions set forth in this subpart, the Administrator approves the amendment to Regulation 10.18.01 sections .01, .07, and .11, Regulation 10.18.04 and 10.18.05 section .03D, .03F, .03H, .06I of Maryland's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that portions of the plan, as submitted January 19, 1979, satisfy the requirements of part D, title 1, of the Clean Air Act as amended in 1977. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980, for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. (c) Code of Maryland Air Regulations (COMAR) 26.11.13.06 is approved with the following exception: (i) Distributors and retailers of gasoline-ethanol blends as defined by 40 CFR 80.27(d)(2) are subject to the provisions of 40 CFR 80.27(d)(1) through 40 CFR 80.27(d)(3). (d) Letter of November 13, 1993, from the Maryland Department of the Environment transmitting a commitment to adopt either the Federal clean fuel fleet program or an alternative substitute program by May 15, 1994. (e) Conditional limited approval of revisions to the Maryland State Implementation Plan, pertaining to Maryland's major VOC source RACT and minor VOC source requirements, COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991, June 8, 1993, and July 12, 1995 by the Maryland Department of the Environment. (f)–(g) [Reserved] [38 FR 33716, Dec. 6, 1973, as amended at 45 FR 53475, Aug. 12, 1980; 47 FR 20128, May 11, 1982; 56 FR 23808, May 24, 1991; 58 FR 50848, Sept. 29, 1993; 61 FR 16061, Apr. 11, 1996; 63 FR 47179, Sept. 4, 1998; 70 FR 25718, 25724, May 13, 2005; 70 FR 69443, Nov. 16, 2005] § 52.1074 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met, since section 698(f) of the Maryland Air Quality Control Act could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, section 698(f) is disapproved. [39 FR 34536, Sept. 26, 1974, and 47 FR 20128, May 11, 1982, as amended at 51 FR 40676, Nov. 7, 1986] § 52.1075 1990 base year emission inventory. top (a) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventory for the Baltimore Metropolitan Statistical Area, submitted by the Secretary, Maryland Department of the Environment, on September 20, 1995. This submittal consists of the 1990 base year stationary, area, off-road mobile and on-road mobile emission inventories in the Baltimore Metropolitan Statistical Area for the pollutant, carbon monoxide (CO). (b) EPA approves as a revision to the Maryland Implementation Plan the 1990 base year emission inventory for the Washington Metropolitan Statistical Area, submitted by Secretary, Maryland Department of the Environment, on March 21, 1994 and October 12, 1995. This submittal consist of the 1990 base year stationary, area and off-road mobile and on-road mobile emission inventories in the Washington Statistical Area for the pollutant, carbon monoxide (CO). (c) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventories for the Maryland ozone nonattainment areas submitted by the Secretary of Maryland Department of Environment on March 21, 1994. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX). (d) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventories for the Maryland ozone nonattainment areas: Baltimore nonattainment areas, Cecil County, and Kent and Queen Anne's Counties submitted by the Secretary of Maryland Department of Environment on March 21, 1994. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX). (e) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventory for the Maryland portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Secretary of MDE on March 21, 1994. This submittal consists of the 1990 base year point, area, highway mobile, non-road mobile, and biogenic source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX). (f) EPA approves as a revision to the Maryland State Implementation Plan an amendment to the 1990 base year emission inventories for the Maryland portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Secretary of Maryland of the Department Environment on December 24, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile, and non-road mobile source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), and oxides of nitrogen (NOX). (g) EPA approves revisions to the Maryland State Implementation Plan amending the 1990 base year emission inventories for the Baltimore ozone nonattainment area, submitted by the Secretary of Maryland Department of the Environment on December 24, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile and non-road mobile source emission inventories for volatile organic compounds and nitrogen oxides in the Baltimore ozone nonattainment area. (h) EPA approves revisions to the Maryland State Implementation Plan amending the 1990 base year emission inventories for the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area, submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile and non-road mobile source emission inventories for volatile organic compounds and nitrogen oxides in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area. [60 FR 55326, Oct. 31, 1995, as amended at 61 FR 2937, Jan. 30, 1996; 61 FR 50717, Sept. 27, 1996; 61 FR 64029, Dec. 3, 1996; 62 FR 19679, Apr. 23, 1997; 62 FR 34405, 34406, June 26, 1997; 63 FR 36858, July 8, 1998; 65 FR 5252, Feb. 3, 2000; 66 FR 48210, Sept. 19, 2001] § 52.1076 Control strategy plans for attainment and rate-of-progress: Ozone. top (a) EPA is approving as a revision to the Maryland State Implementation Plan the 15 Percent Rate of Progress Plan and associated contingency measures for the Cecil County ozone nonattainment area, submitted by the Secretary of the Maryland Department of the Environment on July 21, 1995. (b) EPA approves as a revision to the Maryland State Implementation Plan, the Stage II vapor recovery comparability plan for the counties of Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and Worcester Counties submitted by the Maryland Department of the Environment on November 5, 1997. (c) EPA approves as a revision to the Maryland State Implementation Plan, the 15 Percent Rate of Progress Plan for the Baltimore ozone nonattainment area, submitted by the Secretary of Maryland Department of the Environment on October 7, 1998. (d) EPA approves the Maryland's 15 Percent Rate of Progress Plan for the Maryland portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Secretary of the Maryland Department of the Environment on May 5, 1998. (e) [Reserved] (f)(1) EPA approves revisions to the Maryland State Implementation Plan for post 1996 rate of progress plans for milestone years 1999, 2002 and 2005 for the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000. (2) EPA approves the contingency plans for failure to meet rate of progress in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area for milestone years 1999, 2002 and 2005. These plans were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000. (3) EPA approves revisions to the Maryland State Implementation Plan, submitted by the Secretary of the Maryland Department of the Environment on March 8, 2004, for the rate-of-progress (ROP) plan for year 2005 for the Cecil County portion of the Philadelphia-Wilmington-Trenton 1-hour ozone nonattainment area. These revisions update Cecil County's 2005 ROP plan's 1990 and 2005 motor vehicle emissions inventories and motor vehicle emissions budgets to reflect the use of the MOBILE6 emissions model, establish motor vehicle emissions budgets of 3.0 tons per day (tpd) of volatile organic compounds and 11.3 tpd of nitrogen oxides, and amend the contingency measures associated with the 2005 ROP plan for Cecil County. (g) [Reserved] (h) EPA approves the attainment demonstration for the Philadelphia area submitted as a revision to the State Implementation Plan by the Maryland Department of the Environment on April 29, 1998, August 18, 1998, December 21, 1999, December 28, 2000, August 31, 2001, and September 2, 2003 including its RACM analysis and determination. EPA is also approving the revised enforceable commitments made to the attainment plan for the Baltimore severe ozone nonattainment area which were submitted on December 28, 2000. The enforceable commitments are to submit measures by October 31, 2001 for additional emission reductions as required in the attainment demonstration test, and to revise the SIP and motor vehicle emissions budgets by October 31, 2001 if the additional measures affect the motor vehicle emissions inventory; and to perform a mid-course review by December 31, 2003. (i) EPA approves the following mobile budgets of Maryland's attainment plan for the Philadelphia area: Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area ---------------------------------------------------------------------------------------------------------------- Type of control strategy SIP Year VOC (TPD) NOX (TPD) ---------------------------------------------------------------------------------------------------------------- Attainment Demonstration..................................... 2005 3.0 11.3 ---------------------------------------------------------------------------------------------------------------- (1) [Reserved] (2) Similarly, EPA is approving the 2005 attainment demonstration and its current budgets because Maryland has provided an enforceable commitment to submit new budgets as a SIP revision to the attainment plan consistent with any new measures submitted to fill any shortfall, if the new additional control measures affect on-road motor vehicle emissions. (j)(1) EPA approves revisions to the Maryland State Implementation Plan for post 1996 rate of progress plans for milestone years 1999, 2002 and 2005 for the Baltimore severe ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000. (2) EPA approves the contingency plans for failure to meet rate of progress in the Baltimore severe ozone nonattainment area for milestone years 1999, 2002 and 2005. These plans were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000. (k) EPA approves the attainment demonstration for the Baltimore area submitted as a revision to the State Implementation Plan by the Maryland Department of the Environment on April 29, 1998, August 18, 1998, December 21, 1999, December 28, 2000, August 20, 2001, and September 2, 2003 including its RACM analysis and determination. EPA is also approving the revised enforceable commitments made to the attainment plan for the Baltimore severe ozone nonattainment area which were submitted on December 28, 2000. The enforceable commitments are to submit measures by October 31, 2001 for additional emission reductions as required in the attainment demonstration test, and to revise the SIP and motor vehicle emissions budgets by October 31, 2001 if the additional measures affect the motor vehicle emissions inventory; and to perform a mid-course review by December 31, 2003. (l) EPA approves the following mobile budgets of the Baltimore area attainment plan: Transportation Conformity Budgets for the Baltimore Area ---------------------------------------------------------------------------------------------------------------- Type of control strategy SIP Year VOC (TPD) NOX (TPD) ---------------------------------------------------------------------------------------------------------------- Attainment Demonstration..................................... 2005 55.0 146.9 ---------------------------------------------------------------------------------------------------------------- (1) [Reserved] (2) Similarly, EPA is approving the 2005 attainment demonstration and its current budgets because Maryland has provided an enforceable commitment to submit new budgets as a SIP revision to the attainment plan consistent with any new measures submitted to fill any shortfall, if the new additional control measures affect on-road motor vehicle emissions. (m) EPA approves the State of Maryland's revised 1990 and the 2005 VOC and NOX highway mobile emissions inventories and the 2005 motor vehicle emissions budgets for the one-hour ozone attainment plans for the Baltimore severe ozone nonattainment area and the Cecil County portion of the Philadelphia-Wilmington-Trenton severe ozone nonattainment area. These revisions were submitted by the Maryland Department of the Environment on September 2, 2003. Submission of these revised MOBILE6-based motor vehicle emissions inventories was a requirement of EPA's approval of the attainment demonstration under paragraphs (h) and (k) of this section. (n) EPA approves revisions to the Maryland State Implementation Plan for Post-1996 Rate of Progress (ROP) Plans for the Baltimore severe 1-hour ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 23, 2003 and consist of the following: (1) Revisions to the base year 1990 emissions inventory which reflect the use of the MOBILE6 motor vehicle emissions model. These revisions establish motor vehicle emissions inventories for 1990 of 165.14 tons per day of volatile organic compounds (VOC) and 228.21 tons per day of oxides of nitrogen (NOX). (2) Revisions to the year 2005 motor vehicle emissions budgets (MVEBs) for transportation conformity purposes, reflecting the use of the MOBILE6 motor vehicle emissions model. These revisions establish a motor vehicle emissions budget of 55 tons per day of volatile organic compounds (VOC) and 144.5 tons per day of oxides of nitrogen (NOX). EPA approved new 2005 MOBILE6-based MVEBs for the Baltimore area's 1-hour ozone attainment demonstration on October 27, 2003 (68 FR 61106). Those MVEBs became effective on November 26, 2003. The approved 2005 attainment plan MVEBs budgets are 55.3 tons per day of VOC and 146.9 tons per day of NOX. The MVEBs of the 2005 ROP plan are less than the MVEBs in the approved attainment demonstration. These more restrictive MVEBs, contained in the ROP plan, are the applicable MVEBs to be used in transportation conformity demonstrations for the year 2005 for the Baltimore area. (3) Revisions to the 2005 ROP plan to reallocate some of the contingency measures established in prior SIP revisions to the control measures portion of the plan. EPA guidance allows states an additional year to adopt new contingency measures to replace those reallocated to the control measures portion of the plan. The State of Maryland's December 23, 2003 SIP revision submittal includes an enforceable commitment to replace those contingency measures reallocated to the control measures portion of the 2005 ROP plan and to submit these additional contingency measures by October 31, 2004. [62 FR 40458, July 29, 1997, as amended at 63 FR 67782, Dec. 9, 1998; 65 FR 5252, Feb. 3, 2000; 65 FR 44689, July 19, 2000; 66 FR 632, Jan. 3, 2001; 66 FR 9769, Feb. 12, 2001; 66 FR 48211, Sept. 19, 2001; 66 FR 49109, Sept. 26, 2001; 66 FR 54596, Oct. 29, 2001; 66 FR 54687, Oct. 30, 2001; 68 FR 61104, Oct. 27, 2003; 69 FR 7135, Feb. 13, 2004; 69 FR 19942, Apr. 15, 2004; 69 FR 43522, July 21, 2004] § 52.1077 Source surveillance. top (a) The requirements of §51.212 of this chapter are not met since the plans do not provide specific procedures for stationary sources to be periodically tested. [37 FR 10870, May 31, 1972, as amended at 47 FR 20128, May 11, 1982; 51 FR 40677, Nov. 7, 1986] § 52.1078 Extensions. top (a) [Reserved] (b) The Administrator hereby extends by six-months the deadline by which Maryland must incorporate mandatory testing of second generation On-board Diagnostics (OBD-II) equipped motor vehicles as part of its inspection and maintenance (I/M) program. As a result of this deadline extension, Maryland must now incorporate mandatory OBD-II checks (for 1996-and-newer OBD-II equipped vehicles) as an element of the Commonwealth's I/M program in all enhanced I/M program areas by July 1, 2002. [66 FR 632, Jan. 3, 2001, as amended at 68 FR 2210, Jan. 16, 2003; 69 FR 43522, July 21, 2004] § 52.1079 Requirements for state implementation plan revisions relating to new motor vehicles. top Maryland must comply with the requirements of §51.120. [60 FR 4737, Jan. 24, 1995] § 52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program. top On March 24, 1994 Maryland's Department of the Environment submitted a plan for the establishment and implementation of a Photochemical Assessment Monitoring Stations (PAMS) Program as a state implementation plan (SIP) revision, as required by section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and made it part of Maryland SIP. As with all components of the SIP, Maryland must implement the program as submitted and approved by EPA. [60 FR 47084, Sept. 11, 1995] §§ 52.1081-52.1099 [Reserved] top § 52.1100 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of Maryland” and all revisions submitted by Maryland that were federally approved prior to November 1, 2004. (b) The plans were officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Miscellaneous non-regulatory additions and errata to the plan submitted on February 25, 1972, by the Maryland Bureau of Air Quality Control. (2) Clarification of emission data submitted on March 3, 1972, by the Maryland Bureau of Air Quality Control. (3) Final State emission limitations, Regulations 10.03.35–10.03.41 of the Maryland Air Pollution Control Regulations, submitted on April 4, 1972, by the Maryland Bureau of Air Quality Control. (4) Miscellaneous non-regulatory corrections and additions to the plan submitted on April 28, 1972, by the Maryland Bureau of Air Quality Control. (5) Miscellaneous non-regulatory corrections and additions to the plan submitted on May 8, 1972, by the Maryland Bureau of Air Quality Control. (6) Revision establishing unsuitable sites for construction of power plants submitted July 27, 1972, by the Maryland Department of Natural Resources. (7) Transportation control plan for Metropolitan Baltimore and National Capital AQCR Submitted on April 16, 1973, by the Governor. (8) Amendments to the Maryland Transportation Control Plans submitted on May 5, 1973, by the Governor. (9) Amendments to the Maryland Transportation Control Plans submitted on June 15, 1973, by the Governor. (10) Amendments to the Maryland Transportation Control Plans submitted on June 22, 1973, by the Governor. (11) Amendments to the Maryland Transportation Control Plans submitted on June 28, 1973, by the Governor. (12) Amendments to the Maryland plan for attainment and maintenance of secondary SO2 standard for Metropolitan Baltimore AQCR submitted on July 31, 1973, by the Governor. (13) Amendment to Maryland regulations 10.03.38.04J and 10.03.39.04J covering gasoline handling vapor control submitted on April 24, 1974, by the Governor of Maryland. (14) Request for regulations 10.03.38.06G(2) and 10.03.39.06G(2) to be withdrawn from consideration submitted on November 29, 1974, by the Governor of Maryland. (15) Amendments to Maryland Regulations 10.03.36, 10.03.37, 10.03.39, 10.03.40 and 10.03.41; deleting subsection .04B(3), which requires the lowering of the allowable sulfur-in-fuel limitation to 0.5 percent submitted on December 11, 1974 by the Governor. (16) Amendment to Sections .04J(1) and .04J(2) of Maryland Regulations 10.03.38 and 10.03.39 (vapor recovery, Stage I); submitted on April 24, 1974, and amended on July 1, 1975 by the Governor. (17) Amendment to Sections .04B(1) and .04B(2) of Maryland Regulations 10.03.37, 10.03.40 and 10.03.41 (allowable sulfur content in fuel); submitted on July 1, 1975 by the Governor. (18) Amendment to Maryland Regulation 10.03.38, deleting subsection .04B(3), which requires the lowering of the allowable sulfur-in-fuel limitation to 0.5 percent, submitted on December 11, 1974 by the Governor. (19) Amendments to Sections .03 (Air Pollution Episode System), .06 (Test Methods) and .11 (Permits); and deletion of Section .04 (Prior Registration of Proposed Installations) of Maryland Regulation 10.03.35 (Regulations Governing Air Pollution Control in the State of Maryland); amendments to Sections .03 (Control of Particulate Emissions), .04 (Control and Prohibition of oxides of nitrogen emissions), and associated tables of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, and 10.03.41 (Regulations Governing Air Pollution Control in the Cumberland-Keyser, Central Maryland, Southern Maryland, and Eastern Shore AQCRs); amendments to Sections .03 (Control and Prohibition of Particulate Emissions), .04 (Control and Prohibition of Hydrocarbons andOxides of Nitrogen Emissions) and .06 (Control and Prohibition of Installations and Operations) and associated tables of Maryland Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution Control in the Metropolitan Baltimore and National Capital AQCRs); submitted on April 24, 1974 by the Governor. (20) Amendments to Sections .01 (Definitions), .04 (Ambient Air Quality Standards (former Section .05 of Regulations)), 10.03.36 through 10.03.41 (Regulations Governing Control of Air Pollution in the State of Maryland); amendments to Sections .01 (Control and Prohibition of Open Burning), .02 (Control and Prohibition of Particulate Emissions), .03 (Control and Prohibition of Sulfur Oxides, Hydrocarbons and Oxides of Nitrogen Emissions), and .06 (Control and Prohibition of Installations and Operations) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, and 10.03.41 (Regulations Controlling Air Pollution in the Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore AQCRs); amendments to Section .02 (Control and Prohibition of Visible Emissions), .03 (Control and Prohibition of sulfur oxides, hydrocarbons, and oxides of nitrogen emissions), and .06 (Control and Prohibition of Installations and Operations) of Maryland Regulations 10.03.38 and 10.03.39 (Regulations Controlling Air Pollution in the Metropolitan Baltimore and National Capital AQCRs); submitted on December 11, 1974 by the Governor. (21) Amendments to Section .11 (Permits) of Maryland Regulation 10.03.35 (Regulations Governing Control of Air Pollution in the State of Maryland); amendments to Section .04 (Control and prohibition of sulfur oxides emissions) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40 and 10.03.41 (Regulations Governing Air Pollution Control in the Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore AQCR's); deletion of Section .03D(1) (Control of particulate matter from grain drying installations) from Maryland Regulations 10.03.36, 10.03.37, 10.03.40 and 10.03.41; deletion of Section .03D (Control of particulate matter from grain drying installations) from Maryland Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution Control in the Metropolitan Baltimore and National Capital AQCR's) submitted by the Governor on July 1, 1975. (22) A Consent Order for the Chalk Point power plant issued by the Circuit Court for Montgomery County on February 27, 1978. (23) Amendments to Sections .01 (Definitions), .03 (Air Pollution Episode System), .06 (Test Methods) and .12 (Emission Test Methods); and deletion of Section .08 (Penalties and Plans for Compliance) of Regulation 10.03.35 (Regulations Governing Air Pollution Control in the State of Maryland); amendments to Table 1 (Emission Standards for New Fuel Burning Equipment) of Maryland Regulations 10.03.36 through 10.03.41; amendments to Section .04 (Control and Prohibition of Gas and Vapor Emissions) and .06 (Control and Prohibition of Installations and Operations; and deletion of Section. .03E (Process Weight Requirements) and .07 (Transition from Previous Regulations) of Maryland Regulation 10.03.38 (Regulation Governing Air Pollution Control in the Metropolitan Baltimore AQCR); amendments to Section .01 (Control of Open Fires) and .04 (Control of Gas and Vapor Emissions; and deletion of Sections .03E (Process Weight Requirements) and .07 (Transition from Previous Regulations) of Maryland Regulation 10.03.39 (Regulation Governing Air Pollution Control in the Maryland Portion of the National Capital Interstate AQCR) submitted on February 10, 1977 by the Governor. (24) Amendments to Maryland Regulation 10.03.35 through 10.03.41 inclusive which supplement the English System measurement with equivalent metric units submitted on February 10, 1977 by the Governor. (25) Consent Order dated July 28, 1978 between the Potomac Electric Power Company and the Department of Health and Mental Hygiene of the State of Maryland in the Circuit Court for Montgomery County (No. 49352—Equity) submitted on August 8, 1978 by Acting Governor Blair Lee. (26) Consent Orders for Beall Jr./Sr. High School and Mount St. Mary's College issued by the Secretary of the Maryland Department of Health and Mental Hygiene on January 30, 1979 and March 8, 1979 respectively. (27) Amendments to Sections .01, .07, and .11 of Maryland Regulation 10.18.01 as submitted on January 19, 1979 by the Governor. (28) Amendments to Sections .03D, .03F, .03H, .06I of Maryland Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the Governor. (29) Variances from Maryland regulations 10.18.04.02(A), 10.18.04.03(B)(3), and 10.18.04.04(B)(1) relating to visible emissions, particulate matter from solid fuel burning equipment and prohibition of usage of fuel with sulfur content in excess of one percent by weight, respectively. The variance request was submitted on October 24, 1979 by the Governor of Maryland. (30) Consent orders submitted by the Governor on July 16, 1975, November 18, 1977, and by the Administrator, Air Quality Programs on June 15, 1979 granting the Westvaco Corporation an exception to Regulation COMAR 10.18.02.04B. (31)–(32) [Reserved] (33) A consent order amending regulation 10.18.07, 10.18.07.02B, 10.18.07.03B(2)a, for the Firestone Plastics Co., Inc., Perryville, Maryland, submitted on December 1, 1978, by the Maryland Environmental Health Administration. (34) Amendment to Maryland regulations 10.18.05.03(B)(2), 10.18.05.02(A), and 10.18.05.03(B)(1)(a) relating to relaxation of particulate emissions, visible emissions and waiving of particulate control equipment requirement for the Chalk Point Generating Station Unit #3. The amendment, a Secretarial Order, was submitted on August 13, 1979 by the State of Maryland. (35) Variance from Maryland regulation 10.18.04.02(A) relating to visible emissions and allowing a maximum visible emission of 25% opacity. This variance expires on September 11, 1982. The variance request was submitted on September 27, 1979 by the State of Maryland. (36) Amendments to Sections .01 (Definitions), .04 (Ambient Air Quality Standards), and .11 (Permits) of Maryland Regulation 10.18.01 (Regulations Governing Control of Air Pollution in the State of Maryland); and amendments to Section .02 (Control and Prohibition of Visible Emissions) of Maryland Regulations 10.18.04 and 10.18.05 (Regulations Governing Air Pollution Control in the Metropolitan Baltimore and National Capital AQCRS's) submitted by the Governor on September 26, 1979. (37) Amendments to Section .04J(3)a and .04J(3)b (Organic Compounds) of Maryland Regulations 10.18.04 and 10.18.05; submitted on February 10, 1977 by the Governor. (38) Deletion of Section .06G(2) (Control and Prohibition of Photochemically Reactive Organic Compounds from sources existing on or before February 12, 1974) of Maryland Regulations 10.18.04 and 10.18.05; submitted on December 10, 1979 by the Governor. (39) Deletion of Sections .06G(1) and .06G(3) (Control and Prohibition of Photochemically Reactive Organic Materials From Sources Built or Modified after February 12, 1974) of Maryland Regulations 10.18.04 and 10.18.05 from the Maryland State Implementation Plan (SIP). (40) Letter of January 21, 1980 from Maryland to EPA explaining the State's interpretation of the scope of coverage of Maryland Regulation 10.18.04.04J. (41) Amendments to Sections .06 of Maryland Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the Governor. (42) Amendment to Section .01(y) of Maryland Regulation 10.18.01 as submitted on December 10, 1979 by the Governor. (43) Amendments to Regulations 10.18.04 and 10.18.05; Sections .04J(1)c, .04J(1)d, .04J(1)e(i), .04J(1)f, .04J(1)g, .04J(1)h, .04J(1)i(i), .04J(3)d, .04J(4)a, .04J(4)b, and .04J(5) a through j; submitted on January 19, 1979, and amended on September 26, 1979 by the State of Maryland. (44) A revision submitted by the State of Maryland on December 20, 1979 which is intended to establish an Ambient Air Quality Monitoring Network. (45) Recodification of the Maryland Regulations submitted by the State of Maryland on May 22, 1980. (46) Amendments to section .04D(4) of COMAR 10.18.04 and COMAR 10.18.05 establishing a revised sulfur oxides emissions limitation for all existing solid fuel-fired, cyclone type fuel burning equipment having an actual heat input in excess of 1,000 million Btu/hour; submitted on February 20, 1980 by the Governor. (47) October 1, 1980 letter from George P. Ferreri, Maryland Office of Environmental Programs to James E. Sydnor, EPA, certifying that the Baltimore Gas & Electric Company's C. P. Crane Generating Station is the sole facility to which COMAR 10.18.04.04D(4) and 10.18.05.04D(4) would apply. (48) A revision submitted by the State of Maryland on 9/10/80 consisting of a variance issued to the General Refractories Company of Baltimore, Maryland exempting the Company from the “No Visible Emissions” requirements of COMAR 10.18.04.02A for aperiod of three (3) years commencing 9/2/80. (49) A revision submitted by the State of Maryland on November 3, 1980 consisting of a Consent Agreement (Order) between the State of Maryland and the Maryland Slag Company decreasing the particulate matter emission limitation for the Company. (50) A revision submitted by the State of Maryland on October 24, 1979 consisting of amendments to the following regulations: COMAR 10.18.01 as recodified in 40 CFR 52.1070(c)(45), 10.18.02 as recodified in 40 CFR 52.1070(c)(45), 10.18.03 as recodified in 40 CFR 52.1070(c)(45), 10.18.04 as recodified in 40 CFR 52.1070(c)(45), 10.18.05 as recodified in 40 CFR 52.1070(c)(45), 10.18.06 as recodified in 40 CFR 52.1070(c)(45), 10.18.07 as recodified in 40 CFR 52.1070(c)(45). (51) A revision submitted by the State of Maryland on May 22, 1980, consisting of changes in definitions in sections 10.18.01.01 and revoking of obsolete regulations, COMAR 10.03.38.04 B(4) and 10.03.39.04 B(4). (52) A revision submitted by the State of Maryland on April 24, 1974, consisting of changes in COMAR 10.03.35.06 A(1) and 10.03.35.06 A(3). (53) A revision submitted by the State of Maryland on December 10, 1979, consisting of changes in Sections .01 and .11 of COMAR 10.18.01, and in Sections .05 and .07 of COMAR 10.18.02, 10.18.03, 10.18.04, 10.18.05, 10.18.06 and 10.18.07. (54) A revision submitted by the State of Maryland on October 17, 1980, consisting of an exception to COMAR 10.18.06.02B for the Maryland Cup Corporation. (55) A revision submitted by the State of Maryland on August 7, 1981 consisting of an exception to COMAR 10.18.09.07A(2)(c) for the Reading-Whitehall Paperboard Company. (56) A Secretarial order submitted by the State of Maryland on June 23, 1981 consisting of a variance issued to the Potomac Electric Power Company at Dickerson, Maryland exempting the company from the “no visible emissions” requirements of COMAR 10.18.09.05A(2) until five years from the date of approval by EPA. (57) A Secretarial order submitted by the State of Maryland on July 17, 1981 consisting of a various issued to the American Cyanamid Company, Havre de Grace, Maryland from the “no visible emissions” requirement of COMAR 10.18.06.02B until July 8, 1986. (58) Amendments to COMAR 10.18.01, 10.18.06, 10.18.08, 10.18.09, 10.18.11, 10.18.12, 10.18.13, 10.18.14, 10.18.21, and Technical Memorandum TM–116 (amended November 1980) as submitted by the Governor on May 18, 1981. (59) Addition of Maryland Regulation 10.18.06.14 (Control of PSD sources) which incorporates by reference the Federal prevention of significant deterioration (PSD) requirements set forth in 40 CFR 52.21; submitted on June 24, 1981 by the Governor. (60) A State Implementation Plan for the control of lead (Pb) emissions submitted on October 23, 1980 by the Governor. (61) A letter containing supplemental clarifying information with respect to the State's control strategy demonstration; submitted on July 27, 1981 by the Maryland Air Management Administration. (62) A revised Secretarial order controlling lead emissions from the Mobay Chemical Corporation's frit manufacturing plant in Baltimore, Maryland; submitted December 16, 1981 by the Maryland Air Management Administration. (63) A revision submitted by the State of Maryland on October 8, 1981 detailing a plan for satisfying requirements of sections 121 and 127 of the Clean Air Act Amendments of 1977. (64) A revision submitted by the State of Maryland on November 18, 1981, consisting of a Modified Amended Consent Order for Potomac Electric Power Company's Chalk Point generating station. (65) A Secretarial order stating the terms under which a construction permit for a new source in a nonattainment area will be issued by the Northeast Maryland Waste Disposal Authority to Wheelabrator-Frye, Inc. to construct and operate a municipal incinerator; submitted on December 22, 1981 by the Director, Maryland Air Management Administration, Department of Health and Mental Hygiene. (66) An amendment to Code of Maryland Air Regulation (COMAR) 10.18.08.05A(1) revising the method for calculating particulate emissions from incinerators located in the Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore Air Quality Control Regions (AQCR's), submitted on January 11, 1982 by the Governor. (67) Code of Maryland Air Regulations (COMAR) 10.18.10 (Control of Iron and Steel Production Installations); Technical Memorandum AMA–TM 81–04: Amendment to AMA–TM 73–116; Amendments to COMAR 10.18.01.01 (General Administrative Regulations—Definitions) and COMAR 10.18.06.02 (General Emission Standards, Prohibitions and Restriction); and a New Amended Plan for Compliance for the Bethlehem Steel Corporation's Sparrows Point, Maryland Plant; submitted on August 11, 1981 by the Governor. (68) The revised Health-Environmental Article of the Annotated Code of Maryland, submitted on July 2, 1982 by the Director, Maryland Air Management Administration, Department of Health and Mental Hygiene. (69) A revision submitted by the State of Maryland on November 15, 1982, consisting of an extension to the previous visible emission exception to COMAR 10.18.01.08 (Exception to Visible Emission Requirements) for the Maryland Cup Corporation. The exception is renewed until September 11, 1987. (70) A modified Secretarial order stating the terms under which a construction permit for a new source in a nonattainment area will be issued to Wheelabrator-Frye, Inc. who will construct, own, and operate a municipal incinerator; submitted on March 17, 1983 by the Director, Maryland Air Management Administration, Department of Health and Mental Hygiene. (71) Plan Revision, excluding the schedules for additional VOC controls and the required Vehicle Emissions Inspection Program, providing for attainment of the Ozone and Carbon Monoxide Standards, submitted by the State on July 1, 1982 for the Metropolitan Baltimore Intrastate Air Quality Control Region (AQCR) and November 5, 1982 for the Maryland portion of the National Capital Interstate AQCR. On May 4, 1983, and June 13 and 16, 1983, the State submitted amended I/M regulations. A revised schedule for the adoption of controls for VOC sources was submitted on December 23, 1983. (72) Amendments to Code of Maryland Regulations (COMAR) 10.18.01, .02, .06, .11, .13, and .21 which apply to air quality control areas III and IV, submitted on August 22, 1983. (73) A revision submitted by the State of Maryland on July 12, 1983, consisting of a plan for Compliance for the J.L. Clark Manufacturing Company in Havre De Grace. (74) A Consent Order granting the Westvaco Corporation a sulfur dioxide (SO2) emissions limitation which is equivalent to COMAR 10.18.09. 07(A)(1)(a); submitted on September 7, 1983, as amended on February 7, 1984 by the Maryland Air Management Administration. (75) Revision submitted by the State of Maryland on December 13, 1983 consisting of a Plan for Compliance for the General Motors Corporation, GM Assembly Division, Baltimore City Plant. (76) Revision submitted by the State of Maryland on December 13, 1983 consisting of a Plan for Compliance for the American Can Company, Baltimore City. (77) Revision submitted by the State of Maryland on December 13, 1983 consisting of a Plan for Compliance for the National Can Corporation, Baltimore County. (78) Revision submitted by the State of Maryland on April 6, 1984 consisting of a Plan for Compliance for the Crown Cork and Seal Company, Inc., Baltimore City. (79) Revision submitted by the State of Maryland on April 6, 1984 consisting of a Plan for Compliance for the Continental Can Company, Baltimore City. (80) A revision submitted by the State of Maryland on January 26, 1984, and May 25, 1984 consisting of amendments to change the State's stationary source stack testing procedures document and to correct a State procedural defect relating to procedures for observing visible emissions from iron and steel facilities. (81) [Reserved] (82) Revisions to the Code of Maryland Regulations (COMAR) were submitted by the Director of the Maryland Air Management Administration of March 14, 1984. (i) Incorporation by reference. (A) Amendments to COMAR 10.18.02 (Permits, Approvals and Registration) and COMAR 10.18.08 (Control of Incinerators), as published in the Maryland Register on February 3, 1984 (proposed on November 11, 1983). (ii) Additional material. (A) Letter from the MAMA dated November 29, 1984 clarifying that permit applications would only be accepted from incinerators subject to the hazardous waste facility regulations and that hazardous waste facility permits would be treated as air quality permits for all purposes. (83) Revisions to the Code of Maryland Regulations (COMAR) were submitted by the Director of the Maryland Air Management Administration on March 14, 1984. (i) Incorporation by reference. (A) Amendments to COMAR 10.18.09 (Control of Fuel Burning Equipment and Stationary Internal Combustion Engines), as published in the Maryland Register on March 2, 1984. (ii) Additional information. (A) Letter from MAMA dated November 29, 1984 clarifying that a permit cannot be issued for the sources unless they undergo new source review as under COMAR 10.18.02 (Permits, Approvals and Registration). (84) [Reserved] (85) Revisions to the Ozone Attainment Plan were submitted by the Director, Maryland Air Management Administration, on August 1, 1984. (i) Incorporation by reference. (A) State Secretarial Order for the Monarch Manufacturing Company located in Belcamp, Maryland, allowing interim VOC emission standards to be used by the Company until source-specific regulations are developed by MAMA. The Company shall come into compliance with the source-specific regulations within six months after their adoption. The Secretarial Order was approved on July 23, 1984. (86) Revisions submitted on March, 1, 1989 by the Secretary, Maryland Department of the Environment, amending the Code of Maryland Air Regulations (COMAR) 10.18.21.10 (Graphic Arts) and COMAR 10.18.21.13 (Miscellaneous Metal Coating, Interior Sheet Drum Lining). (i) Incorporation by reference. (A) Revisions to COMAR 10.18.21.10, pertaining to graphic arts, and COMAR 10.18.21.13, pertaining to miscellaneous metal coating, interior sheet drum lining. These revisions were adopted by the Secretary of Health and Mental Hygiene on June 10, 1987and became effective on August 10, 1987. (ii) Additional information. (A) Letter of June 30, 1987 from George P. Ferreri, Director, Maryland Air Management Administration, to Thomas J. Maslany, EPA Region III, forwarding revisions to COMAR 10.18.21.10 and COMAR 10.18.21.13. (B) Letter of March 13, 1989 from George P. Ferreri, Director, Maryland Air Management Administration to Stanley L. Laskowski, Acting Regional Administrator, EPA Region III, clarifying information with respect to the adopted and effective dates of the revisions to COMAR 10.18.21.10 and COMAR 10.18.21.13. (87) A revision submitted by the Secretary, Maryland Department of Health and Mental Hygiene on March 30, 1987, consisting of amendments to the Good Engineering Practice (GEP) Stack Height Regulations, COMAR 10.18.01.08 (Determination of Ground Level Concentrations—Acceptable Techniques). (i) Incorporation by reference. (A) Letter of March 30, 1987 from the Secretary, Maryland Department of Health and Mental Hygiene. (B) COMAR 10.18.01.08 (Determination of Ground Level Concentrations—Acceptable Techniques), which was adopted by the Maryland Department of Health and Mental Hygiene on January 23, 1987. (ii) Additional information. (A) None. (88) [Reserved] (89) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on June 30, 1987. (i) Incorporation by reference. (A) Letter from the Maryland Department of Environment dated June 30, 1987 submitting a revision to the Maryland State Implementation Plan pertaining to the definitions of true vapor pressure and vapor pressure. (B) Maryland Register Volume 13, page 2048; COMAR 10.18.01.01 Definitions V–1. and X–1 (Now recodified as COMAR 26.11.01.01 Z. and CC.). (90) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on March 21, 1991. (i) Incorporation by reference. (A) Letter from the Maryland Department of Environment dated March 21, 1991 submitting a revision to the Maryland State Implementation Plan. (B) Recodified Maryland Regulations, revised effective August 1, 1988. (1) COMAR 26.11.01.01A. through J., L., O. through BB., DD. (except for “ammonium carbonates”); COMAR 26.11.01.02 through 26.11.01.09. (2) COMAR 26.11.02.01 through 26.11.02.03A.(6)(o), 26.11.02.03A.(7) through 26.11.02.09, 26.11.02.10A., 10E., 26.11.02.11A., .11B.(2)–(3), 11C., 26.11.02.12 through 26.11.02.16. (3) COMAR 26.11.03.01 through 26.11.03.03, 26.11.03.05 through 26.11.03.08. (4) COMAR 26.11.05—(Entire Chapter). (5) COMAR 26.11.06.03A.–.03C.; 26.11.06.05, 26.11.06A., .06C., .06D; 26.11.06.10, 26.11.06.11, 26.11.06.15, 26.11.06.16. (6) COMAR 26.11.07.01 through 26.11.07.04, 26.11.07.05A. (1), (2), 26.11.07.05A.(5) through .05A.(7), 26.11.07.05B (1), (2), (4), (5). (7) COMAR 26.11.09.01 through 26.11.09.04, 26.11.09.05B., 26.11.09.06 through 26.11.09.09. (8) COMAR 26.11.10—Entire chapter except for COMAR 26.11.10.03B.(3). (9) COMAR 26.11.11—Entire chapter except for COMAR 26.11.11.04A(1)–(4). (10) COMAR 26.11.12—Entire Chapter. (11) COMAR 26.11.13.01 (definitions of “external floating roof,” “gasoline,” “internal floating roof,” “liquid-mounted seal,” “metallic-type shoe seal,” “rim-mounted secondary seal,” “shoe mounted secondary seal,” “tank truck,” “vapor control system,” “vapor mounted seal”; 26.11.13.02 (except for .02C(3)), 26.11.13.03, 26.11.13.04B., 26.11.13.05. (12) COMAR 26.11.19.01A., 01B(2), (4), (5), .02A, .02B(1) (except for “low VOC adhesives”), .02B(2), (3), .02C(1), (2), .02D., .02E (except for all references to variables “C” and “D”), .02F(1), (2), (3) (except for “and”); 26.11.19.04 through 26.11.19.10, 26.11.19.13, 26.11.19.14. (13) COMAR 26.11.20—Entire Chapter except for COMAR 26.11.20.02. (ii) Additional materials. (A) Remainder of the March 21, 1991 State Submittal known as Maryland 91–01B. (91) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment—Air Management Administration on August 20, 1984, regarding a bubble for American Cyanamid in Havre de Grace, Maryland. (i) Incorporation by reference. (A) Letter from the Maryland Department of Health and Mental Hygiene—Air Management Administration (now known as the Maryland Department of the Environment—Air Management Administration) dated August 20, 1984 submitting a revision to the Maryland State Implementation Plan regarding a bubble for American Cyanamid. (B) Secretarial Order (By Consent) between American Cyanamid and the Maryland State Department of Health and Mental Hygiene—Air Management Administration (now known as the Maryland Department of the Environment—Air Management Administration) except for section 2, approved on August 2, 1984. (ii) Additional material. (A) Letter dated September 17, 1984 from Ronald E. Lipinski, MAMA, to James Topsale, EPA Region III, providing emissions information for the sources involved in the American Cyanamid bubble. (B) Public Hearing record for the May 23, 1984 public hearing. (C) Technical Support Document, prepared by Maryland, for American Cyanamid, including formulas to calculate bubble emissions. (92) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on December 15, 1987. (i) Incorporation by reference. (A) Letter from the Maryland Department of Environment dated December 15, 1987 submitting a revision to the Maryland State Implementation Plan. (B) Amendments to the Code of Maryland Air Regulations (COMAR) 10.18.03, State Adopted National Ambient Air Quality Standards and Guidelines limited to the amendment of 10.18.03.04, carbon monoxide and COMAR 10.18.06, General Emission Standards, Prohibitions, and Restrictions, limited to the amendment of 10.18.06.04, carbon monoxide in areas III and IV. The amendments to COMAR 10.18.03.04 and 10.18.06.04 were adopted by the Maryland Department of the Environment on November 4, 1987, and made effective on January 5, 1988. (93) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on December 30, 1987. (i) Incorporation by reference. (A) Letter from the Maryland Department of Environment dated December 15, 1987, submitting revisions to the Maryland State Implementation Plan. (B) Amendments to regulations 10.18.01 O–1, 10.18.02.03 H(3)(i), and 10.18.06.14 under the Code of Maryland Administrative Regulations (COMAR) revising Maryland's prevention of significant deterioration program to incorporate changes to 40 CFR 52.21 made between 1980 and 1986. The amendments to COMAR 10.18.01 O–1, 10.18.02.03 H(3)(i), and 10.18.06.14 were effective on January 5, 1988 in the State of Maryland. (ii) Additional materials. (A) None. (94) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on March 8, 1989. (i) Incorporation by reference. (A) Letter from the Maryland Department of Environment dated March 1, 1989, submitting revisions to the Maryland State Implementation Plan. (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9), and 26.11.06.14 (proposed as 10.18.01 O–1, 10.18.02.03 H(3)(i), and 10.18.06.14) under the Code of Maryland Administrative Regulations (COMAR) revising Maryland's prevention of significant deterioration program to incorporate changes to 40 CFR 52.21 made between 1986 and 1987, thereby establishing the increment for NO2 and requiring sources to conduct an NO2 increment consumption analysis. The amendments to COMAR 26.11.01.01, 26.11.02.10 (C)(9), and 26.11.06.14 were effective on March 21, 1989 in the State of Maryland. (ii) Additional materials. (A) None. (95) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on March 28, 1991. (i) Incorporation by reference. (A) Letter from the Maryland Department of Environment dated March 21, 1991 submitting revisions to the Maryland State Implementation Plan. (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the Code of Maryland Administrative Regulations (COMAR) revising Maryland's prevention of significant deterioration program to incorporate changes to 40 CFR 52.21 made between 1987 and 1989. The amendments to COMAR 26.11.01.01, and 26.11.06.14 were effective on March 31, 1991 in the State of Maryland. The amendments to 26.11.02.10 (C)(9) were effective on May 8, 1991 in the State of Maryland. (ii) Additional materials. (A) None. (96) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on April 3, 1992. (i) Incorporation by reference. (A) Letter from the Maryland Department of Environment dated March 27, 1992 submitting revisions to the Maryland State Implementation Plan. (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the Code of Maryland Administrative Regulations (COMAR) revising Maryland's prevention of significant deterioration program to incorporate changes to 40 CFR 52.21 made between 1989 and 1990. The amendments to COMAR 26.11.01.01 and 26.11.06.14 were effective on February 17, 1992 in the State of Maryland. (ii) Additional materials. (A) Remainder of April 3, 1992, State submittal. (97) Revisions to the State Implementation Plan submitted on June 14, 1989, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of June 14, 1989, from the Maryland Department of the Environment transmitting a revision to a Maryland State Implementation Plan. (B) Revision to COMAR 26.11.01.01E (Definition of “Control Officer”), effective June 20, 1989. (ii) Additional material. (A) Remainder of the June 14, 1989 State submittal. (98) Revisions to the Maryland State Implementation Plan submitted on April 5, 1991, and amended on January 18, 1993, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letters of April 5, 1991, and January 18, 1993, from the Maryland Department of the Environment transmitting additions and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) The addition of COMAR 26.11.19.15C (proposed as COMAR 10.18.19.15C), Standards for Adhesive Application, adopted by the Secretary of Health and Hygiene on June 10, 1987, effective August 10, 1987; (C) Amendments to COMAR 26.11.19.15C adopted by the Secretary of the Environment on March 9, 1991, effective May 8, 1991; and (D) Amendments to COMAR 26.11.19.15C(4) adopted by the Secretary of the Environment on January 18, 1992, effective February 15, 1993. (ii) Additional material. (A) Remainder of April 5, 1991, and January 18, 1993, State submittals pertaining to COMAR 26.11.19.15C, Standards for Adhesive Application. (B) Letter of April 17, 1992, from the Maryland Department of the Environment clarifying the intent of its April 5, 1991, letter transmitting revisions and additions to Maryland's State Implementation Plan. (C) Letter of July 10, 1992, from the Maryland Department of the Environment clarifying Maryland's intent regarding COMAR 26.11.19.15C(4) and stating that Maryland was working to correct the administrative error in COMAR 26.11.19.15C(4) contained in the April 5, 1991, submittal. (99) Revisions to the Maryland regulations for particulate matter (PM–10) submitted on March 1, 1989, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of March 1, 1989, from the Department of the Environment transmitting a revision to the Maryland State implementation plan for particulate matter (PM–10) Group III areas. (B) COMAR 10.18.01 (General Administrative Provisions), COMAR 10.18.02 (Permits, Approvals, and Registration), COMAR 10.18.03 (State-Adopted National Ambient Air Quality Standards and Guidelines), COMAR 10.18.05 (Air Pollution Episode System), and COMAR 10.18.06 (General Emission Standards, Prohibitions, and Restrictions) as published in the Maryland Register on February 10, 1989. The regulations were adopted on January 20, 1989, and became effective on March 21, 1989. (ii) Additional materials. (A) Remainder of the State implementation plan revision request submitted by the Maryland Department of the Environment on March 1, 1989. (100) Revisions to the Code of Maryland Administrative Regulations (COMAR) submitted on June 7, 1990, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of June 7, 1990, from the Maryland Department of the Environment transmitting revisions to the Maryland State Implementation Plan. (B) The following revised regulations to COMAR 26.11.05 (Air Pollution Episode Plans), effective June 18, 1990: 26.11.05.01A., .01B., .01H., and .01J.; 26.11.05.02B., .02C.; 26.11.05.03A., 03B., 03D.; 26.11.05.05A., 05B., 05C., and .05D. Deletion of the definition “coefficient of haze.” (ii) Additional material. (A) Remainder of the June 7, 1990, State submittal. (101) Revisions to the State of Maryland Regulations Oxygenated Gasoline Program regulations submitted on November 13, 1992, by the Maryland Department of the Environment. Effective date October 26, 1992. (i) Incorporation by reference. (A) Letter of November 13, 1992, from the Maryland Department of the Environment transmitting Oxygenated Gasoline Program regulations. (B) The following State of Maryland regulations effective October 26, 1992: (1) Amendments to COMAR 26.11.13.01 (Control of Gasoline and Volatile Organic Compound Storage and Handling). (2) Deletion of Regulation .06 under COMAR 26.11.13 (Control of Gasoline and Volatile Organic Compound Storage and Handling). (3) New Regulation COMAR 26.11.20.03 (Mobile Sources). (4) COMAR 03.03.05.01, .01–1, .02–1, .05, .08, and .15 (Motor Fuel Inspection). (5) COMAR 03.03.06.01 through .06 (Emissions Control Compliance). (ii) The remainder of the November 13, 1992, submittal. (102) Revisions to the Maryland State Implementation Plan submitted on April 5, 1991 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of April 5, 1991 from the Maryland Department of the Environment transmitting addition, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of Health and Hygiene on June 10, 1987, effective August 10, 1987: (1) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B), pertaining to control of Volatile organic compounds from installations. (2) Addition of new section COMAR 26.11.06.06E, (proposed as 10.18.06.06E), exemptions. (3) Amendments to COMAR 26.11.19.01B, (proposed as COMAR 10.18.21.01B), including the addition of the definitions for the terms adhesive and exempt solvent, the renumbering of all definitions. (4) Amendments to COMAR 26.11.19.02B–F, (proposed as COMAR 10.18.21.02B–F), pertaining to compliance methods, methods of assessing compliance, test methods, computations, and reporting. (5) Amendments to COMAR 26.11.19.10B, (proposed as COMAR 10.18.21.10B), pertaining to applicability and exemptions for graphic arts sources. (6) Amendments to COMAR 26.11.19.13, (proposed as COMAR 10.18.21.13), pertaining to miscellaneous metal coating. (7) Addition of new section COMAR 26.11.19.15A (proposed as 10.18.21.15A), definition of terms. (8) Addition of new section COMAR 26.11.19.15B (proposed as 10.18.21.15B), standards for paint, resin and adhesive manufacturing. (C) Amendments to COMAR 26.11.19.12 (proposed as COMAR 10.18.21.12), pertaining to dry cleaning installations, including the addition of new sections E and F, pertaining to equipment specifications, emission standards, and compliance determinations for petroleum solvent dry cleaning installations, adopted by the Secretary of the Environment on April 21, 1989, effective June 20, 1989. (D) Amendments to COMAR 26.11.19.12B–F, pertaining to applicability, exemptions, equipment specifications, emission standards, and compliance determinations for perchloroethylene and petroleum solvent dry cleaning installations, adopted by the Secretary of the Environment on May 17, 1990, effective July 16, 1990. (E) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of the Environment on March 9, 1991, effective May 8, 1991: (1) Amendments to COMAR 26.11.01.01, including the addition of definitions for the terms actual emissions, allowable emissions, potential to emit, premises, and reasonably available control technology (RACT); deletion of the definition for the term Ringelmann Smoke Chart; amendments to definitions for the terms New Source Impacting on a Non-Attainment Area (NSINA) and volatile organic compound (VOC); and renumbering of all definitions. (2) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to permits to construct or modify for motor vehicle gasoline storage tanks. (3) The addition of new section COMAR 26.11.06.01, definitions for the terms installation and process line. (4) Amendments to COMAR 26.11.06.06A, B and E, pertaining to applicability, control, and exemptions for sources of volatile organic compounds. (5) The deletion of existing COMAR 26.11.13, pertaining to gasoline and volatile organic compound storage and handling. (6) The addition of new COMAR 26.11.13.01, .02, .03, .05, and .06, pertaining to definitions, applicability, and exemptions for gasoline and volatile organic compounds storage and handling, large storage tanks, gasoline leaks from tank trucks, and Reid Vapor Pressure. (7) Amendments to COMAR 26.11.19.01B, addition of the definition for the term transfer efficiency, amendments to the definition for the term coating. (8) Amendments to COMAR 26.11.19.02A–F, pertaining to applicability, compliance methods, methods of assessing compliance, test methods, computations, and reporting for volatile organic compound regulations. (9) Amendments to COMAR 26.11.19.07, the addition of new section B and revisions to new section C (former section B), pertaining to paper, fabric, and vinyl coating. (10) Amendments to COMAR 26.11.19.10A, the deletion of definitions for the terms high velocity hot-air dryer, letterpress methods, lithographic methods, and roll printing; revisions to the definition for the term web printing; and renumbering of all definitions. (11) Amendments to COMAR 26.11.19.10B and C, pertaining to graphic arts, including the deletion of existing section C and the addition of new section C. (12) The addition of new COMAR 26.11.19.11A, B, and C, pertaining to sheet-fed paper and plastic parts coating, including definitions for the terms fountain, letterpress printing, lithographic printing, plastic parts coating, and sheet-fed coating. (13) Amendments to COMAR 26.11.19.13B and C, pertaining to miscellaneous metal coating. (14) Amendments to COMAR 26.11.19.14B, pertaining to synthesized pharmaceutical products. (15) Amendments to COMAR 26.11.19.15A and B, pertaining to paint, resin, and adhesive manufacturing, including revisions to definitions for the terms adhesive application, resin thin down tank, specialty footwear manufacturing, specialty spiral tube winding, spiral tube winding, and spiral wound tube impregnating and curing, the deletion of the definition for the term honeycomb core installation, and the renumbering of all definitions. (ii) Additional material. (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E, 26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06, 26.11.19.01B, 26.11.19.02A–F, 26.11.19.07, 26.11.19.10, 26.11.19.11A–C, 26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B. (B) Letter of April 17, 1992 from the Maryland Department of the Environment clarifying the intent of its April 5, 1991 letter transmitting additions, deletions, and revisions to Maryland's State Implementation Plan. (C) Letter of October 18, 1993 from the Maryland Department of the Environment formally withdrawing revisions to COMAR 26.11.19.11D and E, pertaining to lithographic printing, from consideration as revisions to Maryland's State Implementation Plan. (103) Revisions to the Maryland State Implementation Plan submitted on September 20, 1991 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of September 20, 1991 from the Maryland Department of the Environment transmitting addition, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of the Environment on July 24, 1991, effective August 19, 1991: (1) Amendments to COMAR 26.11.01.01DD, the definition for the term volatile organic compound. (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test methods, including the addition of a: reference to 40 CFR part 60; and Methods 1000, 1002, and 1003 and Appendixes A and B, contained in “Technical Memorandum 91–01, Test Methods and Equipment Specifications for Stationary Sources” (January 1991). (3) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions for large storage tanks. (4) Amendments to COMAR 26.11.19.02D(2), pertaining to test methods. (5) Amendments to COMAR 26.11.19.07A, including amendments to the definition for the term paper coating, and the addition of definitions for the terms sheet-fed paper coating and ultraviolet curable coating, and the renumbering of definitions. (6) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed paper coating. (7) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR 26.11.19.11C, pertaining to plastic coating. (8) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to compliance determinations for petroleum solvent dry cleaning installations. (9) Addition of new COMAR 26.11.19.16, pertaining to volatile organic compound equipment leaks. (ii) Additional material. (A) Remainder of the September 20, 1991 State submittal pertaining to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods 1000, 1002, and 1003 contained in “Technical Memorandum 91–01, Test Methods and Equipment Specifications for Stationary Sources” (January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR 26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR 26.11.19.12F(3) and (4), and COMAR 26.11.19.16. (104) Revisions to the Maryland State Implementation Plan submitted on April 2, 1992 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of April 2, 1992 from the Maryland Department of the Environment transmitting addition, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of the Environment on January 20, 1992, effective February 17, 1992: (1) Amendments to COMAR 26.1.01.01DD, the definition for the term volatile organic compound. (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test methods, including the addition of Methods 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to “Technical Memorandum 91–01, Test Methods and Equipment Specifications for Stationary Sources” (January 1991), and revisions to Method 1000 and Appendixes A and B contained in Supplement 1. (3) Amendments to COMAR 26.11.19.02D, pertaining to test methods for coatings and adhesives containing volatile organic compounds. (4) Amendments to COMAR 26.11.19.09B, pertaining to emission standards for volatile organic compound metal cleaning. (5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to compliance determinations for petroleum solvent dry cleaning installations. (ii) Additional material. (A) Remainder of the April 2, 1992 State submittal pertaining to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods 1002, 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to “Technical Memorandum 91–01, Test Methods and Equipment Specifications for Stationary Sources” (January 1991), COMAR 26.11.19.02D, COMAR 26.11.19.09B, and COMAR 26.11.19.12F(3) and (4). (105) Revisions to the Maryland State Implementation Plan submitted on January 18, 1993 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of January 18, 1993 from the Maryland Department of the Environment transmitting addition, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of the Environment on January 18, 1993, effective February 15, 1993: (1) Amendments to COMAR 26.11.01.04C, pertaining to emission test methods, including the addition of Methods 1009, 1011, and 1012 contained in Supplement 2 (July 1, 1992) to “Technical Memorandum 91–01, Test Methods and Equipment Specifications for Stationary Sources” (January 1991), and revisions to Method 1003 and Appendix B contained in Supplement 2. (2) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to compliance determinations for tank trucks. (3) Amendments to COMAR 26.11.19.07A(4), the definition for the term ultraviolet curable coating. (ii) Additional material. (A) Remainder of the January 18, 1993 State submittal pertaining to COMAR 26.11.01.04C, Appendix B and Methods 1003, 1009, 1011, and 1012 contained in Supplement 2 (July 1, 1992) to “Technical Memorandum 91–01, Test Methods and Equipment Specifications for Stationary Sources (January 1991), COMAR 26.11.13.05B(2) and C(2), and COMAR 26.11.19.07A(4). (106) Revisions to the Maryland Regulations submitted on September 18, 1991 by the Maryland Department of the Environment. (i) Incorporation by reference. (A) Letter of September 18, 1991 from the Maryland Department of the Environment transmitting the continuous emission monitoring revision. (B) Definition amendments to Code of Maryland Administrative Regulations (COMAR) 26.11.01.01, excluding paragraph E–1, and new regulations COMAR 26.11.01.10 Continuous Emission Monitoring Requirements, concerning continuous opacity monitoring, effective July 22, 1991. (ii) Additional materials. (A) Remainder of September 23, 1991 State submittal. (107) Revisions to the Maryland State Implementation Plan submitted on January 18, 1993, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of January 18, 1993, from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) The addition of COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing Facilities, adopted by the Secretary of the Environment on January 18, 1993, effective February 15, 1993. (ii) Additional material. (A) Remainder of the January 18, 1993, State submittal pertaining to COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing Facilities. (108) Revisions to the Code of Maryland Administrative Regulations (COMAR) submitted on March 30, 1987 by the Maryland Department of Health and Mental Hygiene: (i) Incorporation by reference. (A) Letter of March 30, 1987 from the Maryland Department of Health and Mental Hygiene transmitting revisions to the Maryland State Implementation Plan (SIP). (B) Revised COMAR 10.18.02.03H. (Action on an Application for a Permit and for Approval of a PSD Source or NSINA) (currently COMAR 26.11.02.10C.), effective March 24, 1987. (ii) Additional material. (A) Remainder of the March 30, 1987 State submittal pertaining to COMAR 10.18.02.03H. (currently COMAR 26.11.02.10C.). (109) Revisions to the State of Maryland Regulations State Implementation Plan submitted on November 13, 1992 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of November 13, 1992 from Maryland Department of the Environment transmitting a revised regulation to require major sources of volatile organic compounds and oxides of nitrogen, Statewide, to certify their emissions annually. (B) Revisions to Title 26, COMAR 26.11.01, specifically to amend regulation .01, and to add regulation .05–1. Effective on December 7, 1992. (ii) Additional material. (A) Remainder of December 7, 1992 State submittal. (110) Revisions to the Maryland State Implementation Plan submitted on April 5, 1991 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of April 5, 1991 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) The addition of COMAR 26.11.13.04, pertaining to loading operations, adopted by the Secretary of the Environment on March 9, 1991, effective May 8, 1991. (ii) Additional material. (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 26.11.13.04, loading operations. (111) Revisions to the Maryland State Implementation Plan submitted on April 2, 1992 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of April 2, 1992 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, COMAR 26.11. (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test procedures for bulk gasoline terminals, adopted by the Secretary of the Environment on January 20, 1992, effective February 17, 1992. (ii) Additional material. (A) Remainder of April 2, 1992 State submittal pertaining to COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals. (112) Revisions to the Maryland State Implementation Plan submitted on January 18, 1993 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of January 18, 1993 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, COMAR 26.11. (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test procedures for bulk gasoline terminals, adopted by the Secretary of the Environment on January 18, 1993, effective February 15, 1993. (ii) Additional material. (A) Remainder of January 18, 1993 State submittal pertaining to COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals. (113) Revisions to the Maryland State Implementation Plan submitted on June 8, 1993 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of June 8, 1993 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, COMAR 26.11. (B) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of the Environment on March 26, 1993, effective April 26, 1993: (1) Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt paving. (2) Amendments to COMAR 26.11.13.01B(1), the definition for the term bulk gasoline plant. (3) Amendments to COMAR 26.11.13.02, pertaining to applicability and exemptions. (4) Amendments to COMAR 26.11.13.04, pertaining to loading operations. (5) The addition of new COMAR 26.11.13.07, pertaining to plans for compliance. (6) Amendments to COMAR 26.11.19.01B(4), the definition for the term major stationary source of VOC. (7) Amendments to COMAR 26.11.19.02A, F, and H, pertaining to applicability, reporting and recordkeeping, and plans for compliance, respectively. (8) Amendments to COMAR 26.11.19.10, pertaining to graphic arts. (ii) Additional material. (A) Remainder of June 8, 1993 State submittal pertaining to COMAR 26.11.11.02B and C, COMAR 26.11.13.01B(1), COMAR 26.11.13.02, COMAR 26.11.13.04, COMAR 26.11.13.07, COMAR 26.11.19.01B(4), COMAR 26.11.19.02A, F, and H, and COMAR 26.11.19.10. (114) Revisions to the Maryland State Implementation Plan submitted on July 19, 1993 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 19, 1993 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, COMAR 26.11. (B) Revisions to COMAR 26.11.13.04A, pertaining to bulk gasoline terminals, adopted by the Secretary of the Environment on June 25, 1993, effective July 19, 1993. (ii) Additional material. (A) Remainder of July 19, 1993 State submittal pertaining to COMAR 26.11.13.04A, bulk gasoline terminals. (115)–(116) [Reserved] (117) The carbon monoxide redesignation request and maintenance plan for the Baltimore Carbon Monoxide nonattainment area, submitted by the Maryland Department of the Environment on September 20, 1995, as part of the Maryland SIP. The emission inventory projections are included in the maintenance plan. (i) Incorporation by reference. (A) Letter of September 20, 1995 from the Maryland Department of the Environment requesting the redesignation and submitting the maintenance plan. (B) The ten year carbon monoxide maintenance plan for the Baltimore Carbon Monoxide nonattainment area adopted on August 31, 1995. (ii) Additional material. (A) Remainder of September 20, 1995 State submittal. (118) The carbon monoxide redesignation and maintenance plan for the Counties of Montgomery and Prince George, Maryland submitted by the Maryland Department of the Environment on October 12, 1995, as part of the Maryland SIP. The emission inventory projections are included in the maintenance plan. (i) Incorporation by reference. (A) Letter of October 12, 1995 from the Maryland Department of the Environment requesting the redesignation and submitting the maintenance plan. (B) Maintenance Plan for the Maryland portion of the Metropolitan Washington Carbon Monoxide Nonattainment Area adopted on September 20, 1995. (ii) Additional material. (A) Remainder of October 12, 1995 State submittal. (119) Revisions to the Code of Maryland Administrative Regulations for prevention of significant deterioration submitted on July 17, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 17, 1995 from the Maryland Department of the Environment transmitting revisions to the Maryland State Implementation Plan. (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and 26.11.06.14 under the Code of Maryland Administrative Regulations (COMAR) revising Maryland's prevention of significant deterioration program to incorporate changes to 40 CFR 52.21 made between 1992 and 1993. The amendments were effective on May 8, 1995 in the State of Maryland. (ii) Additional material. (A) Remainder of July 17, 1995 State of Maryland submittal. (120) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) The following amendments to COMAR 26.11.07, pertaining to open fires, adopted by the Secretary of the Environment on May 1, 1995, effective May 22, 1995: (1) the deletion of sections 26.11.07.01 A and B, definitions for the terms “hazardous material” and “I.I.A. standards.” (2) addition of new section 26.11.07.01B, “Terms Defined.” (3) addition of new sections 26.11.07.01B(1) and (2), definitions of the terms “excessive lodging” and “forest resource management practices.” (4) renumbering of old sections 26.11.07.01C & D, now new sections 26.11.07.01B(3) & (4). (5) amendments to section 26.11.07.02, pertaining to general provisions. (6) amendments to sections 26.11.07.03A, B, and B(1), pertaining to open fires authorized by control officers. (7) addition of new section 26.11.07.03C, “Prohibition on Open Burning.” (8) amendments to section 26.11.07.04, pertaining to open fires authorized by public officers, including the addition of new sections (4)—(7). (9) amendments to section 26.11.07.05, pertaining to open fires allowed without authorization. (ii) Additional material. (A) Remainder of July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.07. (121) Revisions to the Maryland State Implementation Plan submitted on July 17, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Amendments to COMAR 26.11.19.02A, pertaining to once-in, always-in applicability provisions, consisting of revisions to COMAR 26.11.19.02A(3), and the addition of new COMAR 26.11.19.02A (4) and (5), adopted by the Secretary of the Environment on April 7, 1995, and effective on May 8, 1995. (C) Amendments to COMAR 26.11.19.01B, consisting of the addition of new COMAR 26.11.19.01B(1–1), the definition for the term “annual,” adopted by the Secretary of the Environment on April 7, 1995, effective on May 8, 1995. (ii) Additional material. (A) Remainder of July 17, 1995 Maryland State submittal pertaining to COMAR 26.11.19.02A(3)–(5) and COMAR 26.11.19.01B(1–1). (122) Revisions to the Maryland State Implementation Plan submitted on July 17, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 17, 1995 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, COMAR 26.11. (B) Addition of new COMAR 26.11.01.01B(20–I) and new COMAR 26.11.24.01B(9–I), definition of the term “motor vehicle,” adopted by the Secretary of the Environment on April 7, 1995, and effective on May 8, 1995. (ii) Additional material. (A) Remainder of July 17, 1995 Maryland State submittal pertaining to COMAR 26.11.01.01B(20–I) and COMAR 26.11.24.01B(9–I), definition of the term “motor vehicle.” (123) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions and deletions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound Metal Cleaning (entire regulation). (C) Addition of new COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor Degreasing, adopted by the Secretary of the Environment on May 12, 1995, and effective on June 5, 1995, including the following: (1) Addition of new COMAR 26.11.19.09.A Definitions. (2) Addition of new COMAR 26.11.19.09.B Terms Defined, including definitions for the terms “cold degreasing,” “degreasing material,” “grease,” “halogenated substance,” “vapor degreasing,” and “VOC degreasing material.” (3) Addition of new COMAR 26.11.19.09.C Applicability. (4) Addition of new COMAR 26.11.19.09.D Requirements. (5) Addition of new COMAR 26.11.19.09.E Specifications for Cold Degreasing and Requirements for Vapor Degreasing. (6) Addition of new COMAR 26.11.19.09.F. Records. (ii) Additional material. (A) Remainder of July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor Degreasing. (124) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Addition of new COMAR 26.11.19.23 Control of VOC Emissions from Vehicle Refinishing, adopted by the Secretary of the Environment on May 1, 1995, and effective on May 22, 1995, including the following: (1) Addition of new COMAR 26.11.19.23A Definitions, including definitions for the terms “base coat/clear coat system,” “controlled air spray system,” “mobile equipment,” “multistage coating equipment,” “precoat,” “pretreatment,” “primer sealer,” “primer surfacer,” “specialty coating,” “topcoat,” and “vehicle refinishing.” (2) Addition of new COMAR 26.11.19.23B. Applicability and Exemptions. (3) Addition of new COMAR 26.11.19.23C. Coating Standards and General Conditions. (4) Addition of new COMAR 26.11.19.23D. Calculations. (5) Addition of new COMAR 26.11.19.23E. Requirements for Specialty Coatings. (6) Addition of new COMAR 26.11.19.23F. Coating Application Equipment Requirements. (7) Addition of new COMAR 26.11.19.23G. Cleanup and Surface Preparation Requirements (8) Addition of new COMAR 26.11.19.23H. Monitoring and Records. (ii) Additional material. (A) Remainder of July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.23 Vehicle Refinishing. (125) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Four letters dated July 12, 1995 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound (VOC) regulations in Maryland's air quality regulations, COMAR 26.11. (B) Regulations: (1) Addition of new COMAR 26.11.19.17 Control of VOC Emissions from Yeast Manufacturing, adopted by the Secretary of the Environment on October 14, 1994 and effective on November 7, 1994, revisions adopted by the Secretary of the Environment on May 12, 1995, and effective on June 5, 1995, including the following: (i) Addition of new COMAR 26.11.19.17.A Definitions, including definitions for the terms “fermentation batch,” “first generation fermenter,” “stock fermenter,” “trade fermenter,” and “yeast manufacturing installation.” (ii) Addition of new COMAR 26.11.19.17.B Applicability, Exemptions, and Compliance Date. (iii) Addition of new COMAR 26.11.19.17.C Requirements for Yeast Manufacturing Installations. (iv) Addition of new COMAR 26.11.19.17.D Determination of Compliance and Testing. (v) Addition of new COMAR 26.11.19.17.E Reporting Requirements. (vi) Amendment to COMAR 26.11.19.17.C(3), pertaining to limits for temperature and pH. (vii) Amendment to COMAR 26.11.19.17.D(3), pertaining to stack test dates. (2) Addition of new COMAR 26.11.19.18 Control of VOC Emissions from Screen Printing, adopted by the Secretary of the Environment on October 14, 1994 and effective on November 7, 1994, revisions adopted by the Secretary of the Environment on May 16, 1995 and effective on June 5, 1995, including the following: (i) Addition of new COMAR 26.11.19.18.A, including definitions for the terms “acid/etch resist ink,” “anoprint ink,” “back-up coating,” “clear coating,” “conductive ink,” “electroluminescent ink,” “exterior illuminated sign,” “haze removal,” “ink removal,” “maximum VOC content,” “plastic card manufacturing installation,” “plywood sign coating,” “screen printing,” “screen printing installation,” “screen reclamation,” “specialty inks.” (ii) Addition of new COMAR 26.11.19.18.B Applicability. (iii) Addition of new COMAR 26.11.19.18.C General Requirements for Screen Printing. (iv) Addition of new COMAR 26.11.19.18.D General Requirements for Plywood Sign Coating. (v) Addition of new COMAR 26.11.19.18.E General Requirements for Plastic Card Manufacturing Installations. (vi) Addition of new COMAR 26.11.19.18.F Control of VOC Emissions from the Use of Specialty Inks. (vii) Addition of new COMAR 26.11.19.18.G Control of VOC Emissions from Clear Coating Operations. (viii) Addition of new COMAR 26.11.19.18.H Control of VOC Emissions from Ink and Haze Removal and Screen Reclamation. (ix) Addition of new COMAR 26.11.19.18.I. (x) Addition of new COMAR 26.11.19.18.A(17), definition for the term “untreated sign paper.” (xi) Addition of new COMAR 26.11.19.18.C(2), replacing previous §C(2). (xii) Addition of new COMAR 26.11.19.18.C(3) Use of Control Devices. (xiii) Addition of new COMAR 26.11.19.18.E(2)(b), replacing previous §E(2)(b). (xiv) Addition of new COMAR 26.11.19.18.I Record Keeping, replacing the previous §I. (3) Addition of new COMAR 26.11.19.19 Control of VOC Emissions from Expandable Polystyrene Operations, adopted by the Secretary of the Environment on June 9, 1995, and effective on July 3, 1995, including the following: (i) Addition of new COMAR 26.11.19.19.A Definitions. (ii) Addition of new COMAR 26.11.19.19.B Terms Defined, including definitions for the terms “expandable polystyrene operation (EPO),” “blowing agent,” “preexpander,” “recycled expanded polystyrene,” and “reduced VOC content beads.” (iii) Addition of new COMAR 26.11.19.19.C Applicability. (iv) Addition of new COMAR 26.11.19.19.D General Requirements. (v) Addition of new COMAR 26.11.19.19.E Testing Requirements. (vi) Addition of new COMAR 26.11.19.19.F Record Keeping. (4) Addition of new COMAR 26.11.19.21, Control of VOC Emissions from Commercial Bakery Ovens, adopted by the Secretary of the Environment on June 9, 1995, and effective on July 3, 1995. (i) Addition of new COMAR 26.11.19.21.A Definitions. (ii) Addition of new COMAR 26.11.19.21.B Terms Defined, including definitions for the terms “commercial bakery oven,” “fermentation time,” “yeast percentage,” and “Yt value.” (iii) Addition of new COMAR 26.11.19.21.C Applicability and Exemptions. (iv) Addition of new COMAR 26.11.19.21.D General Requirements. (v) Addition of new COMAR 26.11.19.21.E Use of Innovative Control Methods. (vi) Addition of new COMAR 26.11.19.21.F Reporting and Testing Requirements. (ii) Additional material. (A) Remainder of July 12, 1995 Maryland State submittals pertaining to COMAR 26.11.19.21, .17, .18, and .19. (126) Revisions to the Maryland State Implementation Plan submitted on July 11, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 11, 1995 from the Maryland Department of the Environment transmitting additions and deletions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Revision to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web Lithographic Printing, adopted by the Secretary of the Environment on May 5, 1995, and effective on June 5, 1995, including the following: (1) Deletion of COMAR 26.11.19.11 title, “Other Miscellaneous Printing and Coating Processes” and addition of new title, “Lithographic Printing.” (2) Deletion of COMAR 26.11.19.11.A(4), definition for the term “plastic parts coating.” (3) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts coating. (4) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6) Applicability. (5) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic Coating. (6) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed Letter or Lithographic Printing. (7) Addition of new COMAR 26.11.19.11.D Requirements for Lithographic Web Printing. (8) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning Printing Equipment. (9) Deletion of COMAR 26.11.19.10 title, “Graphic Arts” and addition of new title, “Flexographic and Rotogravure Printing.” (10) Deletion of COMAR 26.11.19.10.A(4), definition for the term “web printing.” (11) Addition of COMAR 26.11.19.01.B(8), definition for the term “web printing.” (ii) Additional Material. (A) Remainder of July 11, 1995 Maryland State submittal pertaining to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web Lithographic Printing. (127) Revisions to the Maryland State Implementation Plan submitted on July 11, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 11, 1995 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Revision to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating, adopted by the Secretary of the Environment on May 5, 1995, and effective on June 5, 1995, including the following: (1) Addition of COMAR 26.11.19.07.A(2–1), definition for the term “plastic parts coating.” (2) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric and vinyl coating. (3) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic Coating. (ii) Additional Material. (A) Remainder of July 11, 1995 Maryland State submittal pertaining to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating. (128) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions and deletions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Revisions to COMAR 26.11.19.01B(4), definition of the term “Major stationary source of VOC,” adopted by the Secretary of the Environment on April 13, 1995, and effective on May 8, 1995. (ii) Additional material. (A) Remainder of the July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.01B(4), definition of the term “Major stationary source of VOC.” (129) Revisions to the State of Maryland Regulations COMAR 26.11.06.05—Sulfur Compounds from Other than Fuel Burning Equipment submitted on February 6, 1998 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting amendments to Code of Maryland Administrative Regulations (COMAR) 26.11.06.05—Sulfur Compounds from Other than Fuel Burning Equipment. (B) Revision to COMAR 26.11.06.05—Sulfur Compounds from Other than Fuel Burning Equipment, effective September 22, 1997 to replace the term “installations” with the term “equipment” throughout the regulation. (ii) Additional Material.—Remainder of February 8, 1998 submittal. (130) Revisions to the Maryland State Implementation Plan submitted on March 31, 1998 by the Maryland Department of the Environment. (i) Incorporation by reference. (A) Letter of March 31, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's air quality regulation COMAR 26.11.13, pertaining to the control of VOC emissions from sources that store and handle JP–4 jet fuel adopted by the Secretary of the Environment on March 28, 1997 and effective August 11, 1997. (B) Revisions to COMAR 26.11.13.01(B)(4) the definition of “gasoline.” (ii) Additional Material: Remainder of March 31, 1998 Maryland State submittal pertaining to COMAR 26.11.13 control of VOCs from sources that store and handle JP–4 jet fuel. (131) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan, pertaining to volatile organic compounds in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Revision to COMAR 26.11.19.12: Control of Volatile Organic Compound Emissions from Dry Cleaning Installations, adopted by the Secretary of the Environment on August 18, 1997, and effective on September 22, 1997, including the following: (1) Deletion of COMAR 26.11.19.12.B(1), pertaining to perchloroethylene dry cleaner installations applicability. (2) Deletion of COMAR 26.11.19.12.C, Equipment Specifications and Emission Standards—Perchloroethylene Dry Cleaning Installations. (3) Deletion of COMAR 26.11.19.12.D, Determination of Compliance—Perchloroethylene Dry Cleaning Installations. (ii) Additional Material—Remainder of February 6, 1998 State submittal pertaining to COMAR 26.11.19.12 Control of Volatile Organic Compound Emissions from Dry Cleaning Installations (132) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan, pertaining to volatile organic compounds in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Revision to COMAR 26.11.13.04: Control of Gasoline and Volatile Organic Compound Storage and Handling from Loading Operations, adopted by the Secretary of the Environment on July 18, 1997, and effective on August 11, 1997, including the following: (1) Deletion of COMAR 26.11.13.04.C(1)(b), pertaining to the applicability of this regulation to gasoline storage tanks with a capacity greater than 250 gallons and less than 2000 gallons. (2) Deletion of COMAR 26.11.13.04.C(2), Exemptions. (3) Deletion of COMAR 26.11.13.04.C(4), Effective Date of Stage I Requirement for Certain Sources. (ii) Additional material—Remainder of February 6, 1998 State submittal pertaining to COMAR 26.11.13.04 Control of Gasoline and Volatile Organic Compound Storage and Handling from Loading Operations. (133) Limited approval of revisions to the Maryland State Implementation Plan submitted on April 5, 1991 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of April 5, 1991 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Addition of COMAR 26.11.19.02G, Control of Major Sources of Volatile Organic Compounds, pertaining to major VOC source RACT requirements, adopted by the Secretary of the Environment on March 9, 1991 and effective on May 8, 1991. (ii) Additional Material. (A) Remainder of the April 5, 1991 Maryland State submittal pertaining to COMAR 26.11.19.02G. (134) Limited approval of revisions to the Maryland State Implementation Plan submitted on June 8, 1993 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of June 8, 1993 from the Maryland Department of the Environment transmitting additions and deletions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Revisions to COMAR 26.11.06.06, Volatile Organic Compounds, pertaining to minor source VOC requirements, adopted by the Secretary of the Environment on March 26, 1993, and effective on April 26, 1993. (1) Amendments to COMAR 26.11.06.06A, Applicability. (2) Amendments to COMAR 26.11.06.06B, Control of VOC from Installations. (C) Revisions to COMAR 26.11.19.02G, Control of Major Stationary Sources of Volatile Organic Compounds, pertaining to major VOC source RACT requirements, adopted by the Secretary of the Environment on March 26, 1993, and effective on April 26, 1993. (ii) Additional Material. (A) Remainder of the June 8, 1993 Maryland State submittal pertaining to COMAR 26.11.06.06A, COMAR 26.11.06.06B, and COMAR 26.11.19.02G. (135) Limited approval of revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions and deletions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11. (B) Revisions to COMAR 26.11.19.02G, Control of Major Stationary Sources of Volatile Organic Compounds, pertaining to major VOC source RACT requirements, adopted by the Secretary of the Environment on April 13, 1995, and effective on May 8, 1995. (ii) Additional Material. (A) Remainder of the July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.02G. (136) Revisions to the Maryland State Implementation Plan submitted on May 15, 1995 by the Maryland Department of the Environment. (i) Incorporation by reference. (A) Letter of May 15, 1995 from the Maryland Department of the Environment transmitting Maryland Regulation COMAR 26.11.26.03, regarding General Conformity, for approval as a SIP revision. (B) Maryland Regulation COMAR 26.11.26.03, effective June 5, 1995. (ii) Additional material—Remainder of the May 15, 1995 state submittal pertaining to General Conformity. (137) Revision to the Maryland State Implementation Plan submitted on April 7, 1998 by the Maryland Department of the Environment establishing reasonably available control technology (RACT) for two additional VOC source category under COMAR 26.11.19, “Volatile Organic Compounds from Specific Processes.” (i) Incorporation by reference. (A) Letter dated April 7, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's air quality regulation COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 1997 and effective August 11, 1997. (B) New regulations COMAR 26.11.19.22 “Control of Volatile Organic Compounds from Vinegar Generators”. (ii) Additional Material—Remainder of Maryland Department of the Environment's April 7, 1998 submittals pertaining to Vinegar Generators. (138) Revision to the Maryland State Implementation Plan submitted on April 7, 1998 by the Maryland Department of the Environment establishing reasonably available control technology (RACT) for an additional VOC source category under COMAR 26.11.19, “Volatile Organic Compounds from Specific Processes.” (i) Incorporation by reference. (A) Letter dated April 7, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's air quality regulation COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 1997 and effective August 11, 1997. (B) New regulation COMAR 26.11.19.24 “Control of Volatile Organic Compounds from Leather Coating Operations”. (ii) Additional Material—Remainder of Maryland Department of the Environment's April 7, 1998 submittals pertaining to Leather Coating Operations. (139) Revisions to the Maryland State Implementation Plan, submitted on August 28, 1998, by the Maryland Department of the Environment. (i) Incorporation by reference. (A) Letter of August 28, 1998, from the Maryland Department of the Environment transmitting additions to Code of Maryland Administrative Regulations (COMAR) 26.11.19 Volatile Orgranic Compounds from Specific Processes. (B) Addition of COMAR 26.11.19.26 Control of Volatile Organic Compounds from Reinforced Plastic Manufacturing, effective August 11, 1997. (ii) Additional Material: Remainder of August 28, 1998, State submittal pertaining to the addition of COMAR 26.11.19.26 Control of Volatile Organic Compounds from Reinforced Plastic Manufacturing to COMAR 26.11.19 Volatile Organic Compounds from Specific Processes. (140) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland department of the Environment: (i) Incorporation by reference. (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.19, pertaining to the control of VOC emissions from automotive and light-duty truck coating operations. (B) Revised COMAR 26.11.19.03, effective September 22, 1997. (ii) Additional Material—Remainder of the February 6, 1998 State submittal [Revision No. 98–01]. (141) Revisions to the Maryland State Implementation Plan submitted on August 28, 1998 by the Maryland Department of the Environment. (i) Incorporation by reference. (A) Letter of August 28, 1998 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.19 pertaining to the control of VOCs from special processes. The revision adds a new regulation at COMAR 26.11.19.25 for the control of VOC compounds from explosives and propellant manufacturing adopted by the Secretary of the Environment on July 15, 1997 and effective August 11, 1997. (B) Revisions to COMAR 26.11.19 entitled Volatile Organic Compounds from Specific Processes: The addition of new regulation COMAR 26.11.19.25 Control of Volatile Organic Compounds from Explosives and Propellant Manufacturing. (ii) Additional Material: Remainder of August 28, 1998 Maryland State submittal pertaining to COMAR 26.11.19.25 to control VOCs from sources that manufacture explosives and propellants. (142) Revisions to the Maryland State Implementation Plan submitted on February 10, 1999 and February 12, 1999 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Three letters dated February 10, 1998 and one letter dated February 12, 1999 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound (VOC) regulations in Maryland's air quality regulations, COMAR 26.11. (B) Regulations: (1) Addition of new COMAR 26.11.19.07–1: Control of VOC Emissions from Solid Resin Decorative Surface Manufacturing, adopted by the Secretary of the Environment on May 20, 1998 and effective on June 15, 1998, including the following: (i) Addition of new COMAR 26.11.19.07–1.A Definitions, including definitions for the terms “particle plant operation,” “related operations,” “shaped goods plant,” and “solid resin decorative surface (SRDS) operation.” (ii) Addition of new COMAR 26.11.19.07–1.B Applicability. (iii) Addition of new COMAR 26.11.19.07–1.C General Requirements for SRDS Operations. (iv) Addition of new COMAR 26.11.19.07–1.D General Requirements for Particle Plant Operations. (v) Addition of new COMAR 26.11.19.07–1.E General Requirements for Shaped Goods Plants. (vi) Addition of new COMAR 26.11.19.07–1.F General Requirements for Related Operations. (vii) Addition of new COMAR 26.11.19.07–1.G Additional Requirements for VOC Storage Tanks. (viii) Addition of new COMAR 26.11.19.07–1.H Reporting and Record-Keeping Requirements. (2) Addition of new COMAR 26.11.19.13–2: Control of VOC Emissions from Brake Shoe Coating Operations, adopted by the Secretary of the Environment on August 4, 1998 and effective on August 24, 1998, including the following: (i) Addition of new COMAR 26.11.19.13–2.A Definitions. (ii) Addition of new COMAR 26.11.19.13–2.B Terms Defined, including definitions for the terms “brake caliper rust preventive coating,” and “brake shoe coating operation.” (iii) Addition of new COMAR 26.11.19.13–2.C Applicability. (iv) Addition of new COMAR 26.11.19.13–2.D General Coating Requirements. (v) Addition of new COMAR 26.11.19.18.E Equipment Cleanup. (vi) Addition of new COMAR 26.11.19.13.B(3)(e) and (f), exempting brake shoe coating and structural steel coating operations from Miscellaneous Metal Coatings. (3) Addition of new COMAR 26.11.19.13–3: Control of Volatile Organic Compounds from Structural Steel Coating Operations, adopted by the Secretary of the Environment on June 5, 1998, and effective on June 29, 1998, including the following: (i) Addition of new COMAR 26.11.19.13–3.A Definitions, including definitions for the terms “controlled air spray system,” “dip coating operation,” “protective coating,” and “structural steel coating operation.” (ii) Addition of new COMAR 26.11.19.13–3.B Applicability. (iii) Addition of new COMAR 26.11.19.13–3.C Coating Requirements. (iv) Addition of new COMAR 26.11.19.13–3.D Cleanup Requirements. (4) Revision to COMAR 26.11.19.18: Control of VOC Emissions from Screen Printing and Digital Imaging, adopted by the Secretary of the Environment on August 4, 1998, and effective on August 24, 1998, including the following: (i) Addition of new COMAR 26.11.19.18.A(5–1), definition for the term “digital imaging.” (ii) Deletion of existing COMAR 26.11.19.18.B–I. (iii) Addition of new COMAR 26.11.18.21.B Applicability. (iv) Addition of new COMAR 26.11.18.21.C General Requirements for Screen Printing. (v) Addition of new COMAR 26.11.18.21.D General Requirements for Plywood Sign Coating. (vi) Addition of new COMAR 26.11.18.21.E General Requirements for Plastic Card Manufacturing. (vii) Addition of new COMAR 26.11.19.18.F General Requirements for Digital Imaging. (viii) Addition of new COMAR 26.11.19.18.G Record Keeping. (ii) Additional Material. (A) Remainder of February 10, 1999 and February 12, 1999 Maryland State submittals pertaining to COMAR 26.11.19.07–1, .13–2, .13–3, and .18. (143) Revisions to the Code of Maryland Air Regulations (COMAR) 26.11.01.01 and 26.11.09.01, and limited approval of revisions to COMAR 26.11.09.08, submitted on June 8, 1993 and July 11, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of June 8, 1993 from the Maryland Department of the Environment transmitting COMAR 26.11.09.08, Control of NOX Emissions from Major Stationary Sources and amendments to COMAR 26.11.09.01, Definitions. (B) COMAR 26.11.09.08, Control of NOX Emissions from Major Stationary Sources, effective on May 10, 1993, replacing the existing COMAR 26.11.09.08. (C) Amendment to COMAR 26.11.09.01, Definitions, effective on May 10, 1993. (D) Letter of July 11, 1995 from the Maryland Department of the Environment transmitting amendments to COMAR 26.11.09.08, Control of NOX Emissions from Major Stationary Sources, amendments to COMAR 26.11.01.01, Definitions and COMAR 26.11.09.01, Definitions. (E) Amendments to COMAR 26.11.09.08, Control of NOX Emissions from Major Stationary Sources, effective on June 20, 1994 and May 8, 1995. (F) Amendment to COMAR 26.11.01.01, Definitions, effective on June 20, 1994. (G) Amendments to COMAR 26.11.09.01, Definitions, effective on June 20, 1994 and on May 8, 1995. (ii) Additional material. (A) Remainder of June 8, 1993 and July 11, 1995 State submittals. (B) Letter of October 29, 1998 from the Maryland Department of the Environment agreeing to meet certain conditions by no later than 12 months after July 22, 1999. (144) Revisions to the Maryland State Implementation Plan submitted by the Maryland Department of the Environment on July 10, 1995, March 27, 1996, and September 25, 1998 as supplemented on May 25, 1999: (i) Incorporation by reference. (A) Letter of July 10, 1995, from the Maryland Department of the Environment transmitting an Enhanced Vehicle Emissions Inspection Program. (B) Regulations for the Vehicle Emissions Inspection Program COMAR 11.14.08. adopted by the Secretary of the Environment on August 1, 1994, effective January 2, 1995: (1) COMAR 11.14.08.01 through COMAR 11.14.08.02, inclusive. (2) COMAR 11.14.08.03A. (3) COMAR 11.14.08.03A(1). (4) COMAR 11.14.08.03A(2) except the word “federal,” in the first line. (5) COMAR 11.14.08.03B. (6) COMAR 11.14.08.04. (7) COMAR 11.14.08.05, section A. (8) COMAR 11.14.08.05 sections B(1) through (7), inclusive. (9) COMAR 11.14.08.05 sections C. through F., inclusive. (10) COMAR 11.14.08.06 through COMAR 11.14.08.42, inclusive. (C) Letter of March 27, 1996, from the Maryland Department of the Environment transmitting amendments to the Enhanced Vehicle Emissions Inspection Program. (D) Letter of September 25, 1998, from the Maryland Department of the Environment transmitting amendments to the Enhanced Vehicle Emissions Inspection Program. (E) The following revisions to the provisions of COMAR 11.14.08 adopted by the Secretary of the Environment on November 21, 1996, effective December 16, 1996: (1) Amendments to COMAR 11.14.08.03B. (2) The addition of a new COMAR 11.14.08.03C. (3) Amendments to COMAR 11.14.08.05B(4). (4) Amendments to COMAR 11.14.08.06D(7). (5) Renumbering COMAR 11.14.08.09A to .09B, .09B to .09C, .09C to .09D and .09D to. 09E, .09E to .09F, and .09F to .09G. (6) The addition of a new COMAR 11.14.08.09A, A(1) and A(3). (7) Amendments to COMAR 11.14.08.09B(1), B(1)(a), B(1)(b), B(2), B(3), B(3)(a), B(3)(b) and B(4). (8) Amendments to COMAR 11.14.08.09E. (9) The addition of a new COMAR 11.14.08.09–1 except the phrase “and, to the extent allowed by federal law, a vehicle owned by the federal government” in section COMAR 11.14.08.09–1A. (10) Renumbering COMAR 11.14.08.06B(3) to B(4), B(4) to B(5), B(5) to B(6), and B(6) to B(7). (11) Creation of a new COMAR 11.14.08.06B(3) from the last two sentences of COMAR 11.14.08.06B(2). (12) Amendments to COMAR 11.14.08.10B(3). (13) Amendments to COMAR 11.14.08.10C. (14) Deletion of COMAR 11.14.08.10C(1), C(1)(a) through C(1)(c), inclusive, and C(2). (15) Renumbering COMAR 11.14.08.10C(2)(a) to C(1), C(2)(b) to C(2), C(2)(c) to C(3), C(2)(d) to C(4), C(2)(e) to C(5), and C(2)(f) to C(6). (16) The addition of a new COMAR 11.14.08.11–1 except the phrase “and, to the extent allowed by federal law, a vehicle owned by the federal government” in section COMAR 11.14.08.11–1A. (17) Amendments to COMAR 11.14.08.12A. (18) Deletion of COMAR 11.14.08.12A(1) through .12A(6), inclusive. (19) Amendments to COMAR 11.14.08.12B(1). (20) Amendments to COMAR 11.14.08.29A(2). (21) Amendments to COMAR 11.14.08.30D(2). (22) Amendments to COMAR 11.14.08.32A. (23) Amendments to COMAR 11.14.08.32B(5). (24) Amendments to COMAR 11.14.08.42. (F) The following revisions to the provisions of COMAR 11.14.08 adopted by the Secretary of the Environment on September 16, 1998, effective October 19, 1998: (1) Amendments to COMAR 11.14.08.02B(40), B(40(a), and B(40)(b). (2) Deletion of COMAR 11.14.08.03C. (3) Addition of a new COMAR 11.14.08.03C and .03D. (4) Amendments to COMAR 11.14.08.06A(2). (5) Amendments to COMAR 11.14.08.06A(3)(k), (p), (q) and (r). (6) Renumbering COMAR 11.14.08.06A(3)(s) and (t) to COMAR 11.14.08.06A(3)(t) and (u), respectively. (7) The addition of a new COMAR 11.14.08.06A(3)(s). (8) Amendment of COMAR 11.14.08.06D(7). (9) Addition of a new COMAR 11.14.08.07C. (10) Amendments to COMAR 11.14.08.09A. (11) Deletion of COMAR 11.14.08.09A(1) through .09A(3), inclusive. (12) Addition of a new COMAR 11.14.08.09A(1). (13) Addition of a new COMAR 11.14.08.09A(2), A(2)(a) and A(2)(b). (14) Amendments to COMAR 11.14.08.09B, B(1), B(1)(a) and B(1)(a)(i). (15) Amendments to COMAR 11.14.08.09B(1)(b). (16) Amendments to COMAR 11.14.08.09B(2) and B(2)(a). (17) Amendments to COMAR 11.14.08.09B(3). (18) Amendments to COMAR 11.14.08.09B(3)(a) and (b). (19) Amendments to COMAR 11.14.08.09A(4). (20) Amendments to COMAR 11.14.08.09A(4)(a). (21) Renumbering of COMAR 11.14.08.09E to .09F, .09F to .09G, and .09G to .09H. (22) Reservation with notes of COMAR 11.14.08.09C and .09D, (23) Addition with a note of a new reserved COMAR 11.14.08.09E. (24) Amendments to COMAR 11.14.08.09F and .09G. (25) Amendments to COMAR 11.14.08.10B(1)(c) and B(1)(d). (26) Amendments to COMAR 11.14.08.10C(6)(b). (27) Renumbering of COMAR 11.14.08.11 to COMAR 11.14.08.11–1. (28) Addition of a new COMAR 11.14.08.11. (29) Amendments to COMAR 11.14.08.11–1, .11–1A(3), .11–1A(4), 11–1B, 11–1B(4) and 11–1B(5). (30) Reservation with a note of COMAR 11.14.08.11–1C. (31) Amendments to COMAR 11.14.08.11–1D(1) and 11–1D(2). (32) Amendment to COMAR 11.14.08.12. (33) Renumbering of COMAR 11.14.08.12B to .12C. (34) Reservation with a note of COMAR 11.14.08.12A. (35) Addition a new COMAR 11.14.08.12B and .12B(1). (36) Addition with a note of a new reserved COMAR 11.14.08.12B(2). (37) Amendments to COMAR 11.14.08.12C(1) and C(3). (38) Amendments to COMAR 11.14.08.15C(7)(c). (39) Amendments to COMAR 11.14.08.16. (40) Renumbering COMAR 11.14.08.16C to COMAR 11.14.08.16D. (41) Reservation with a note of COMAR 11.14.08.16A and .16B. (42) Addition with a note of a new reserved COMAR 11.14.08.16C. (43) Amendments to COMAR 11.14.08.16D. (44) Renumbering COMAR 11.14.08.22C to COMAR 11.14.08.22D. (45) Reservation with a note of COMAR 11.14.08.22A and .22B. (46) Addition with a note of a new reserved COMAR 11.14.08.22C. (47) Amendments to COMAR 11.14.08.27C(2). (48) The deletion of COMAR 11.14.08.27C(3). (49) Renumbering COMAR 11.14.08.27C(4) to COMAR 11.14.08.27C(3). (50) Amendments to COMAR 11.14.08.28A. (51) Amendments to COMAR 11.14.08.32A. (52) Amendments to COMAR 11.14.08.32B(5). (53) Amendments to COMAR 11.14.08.42. (G) Letter of May 25, 1999, from the Maryland Department of the Environment transmitting amendments to the Enhanced Vehicle Emissions Inspection Program. (ii) Additional material. (A) Remainder of the July 10, 1995, submittal; (B) Remainder of March 27, 1996, submittal; (C) Remainder of September 25, 1998, submittal; and (D) Remainder of May 25, 1999, submittal. (145) Revisions to the Maryland State Implementation Plan submitted on April 12, 1999, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of April 12, 1999, from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan, pertaining to Regulation .15 under Code of Maryland Administrative Regulations (COMAR) 26.11.19 Volatile Organic Compounds from Specific Processes. (B) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive Manufacturing and Adhesive Application amending the definition found at COMAR 26.11.19.15 A(2) of the term “honeycomb core installation” to include other substrates. This revision was adopted on March 2, 1999 and effective on March 22, 1999. (C) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive Manufacturing and Adhesive Application clarifying the applicability of COMAR 26.11.19.15.C(4) General Emission Standard. This revision was adopted on April 9, 1998 and effective on May 4, 1998. (ii) Additional Material—Remainder of April 12, 1999 submittal pertaining to COMAR 26.11.19.15 Paint, Resin, and Adhesive Manufacturing and Adhesive Application. (146) Revisions to the Maryland Regulations, through the addition of COMAR 26.11.20.04, adopting the National Low Emission Vehicle Program. This revision was submitted on March 3, 1999 by the Maryland Department of the Environment, and was amended on March 24, 1999: (i) Incorporation by reference. (A) Letter of March 3, 1999 from the Maryland Department of the Environment transmitting a revision to the Maryland State Implementation Plan for a National Low Emission Vehicle program. (B) Letter of March 24, 1999 from the Maryland Department of the Environment revising Maryland's State Implementation Plan for a National Low Emission Vehicle program. (C) Maryland regulation COMAR 26.11.20.04, entitled “National Low Emission Vehicle Program”, effective March 22, 1999. (ii) Additional Material.—Remainder of March 3, 1999 and March 24, 1999 submittals pertaining to COMAR 26.11.20.04. (147) Revisions to the Maryland State Implementation Plan submitted on March 11, 1999, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of March 11, 1999, from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan, pertaining to Code of Maryland Administrative Regulations (COMAR) 26.11.19. Volatile Organic Compounds from Specific Processes at 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating. (B) Revision to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other Plastic Parts Coating to add at COMAR 26.11.19.07 F. “Emission Standards for Printing on Plastic Other than Vinyl.” This revision was adopted on August 6, 1997, and effective on September 8, 1997. (C) Revisions to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other Plastic Parts Coating, adopted August 4, 1998, and effective on August 24, 1998, including the following: (1) Revision to COMAR 26.11.19.07 B. “Applicability” at B (1) to delete previous text describing subject coating and printing operations and to add new text stating that the regulation applies to any coating or printing operation that it listed in and has VOC emissions equal to or greater than the applicability levels in subsection C. (2) and (3) of this regulation. (2) Revision to COMAR 26.11.19.07 C. to change the title from “Emission Standards for Web, Paper, Fabric, and Vinyl Coating” to “Emission Standards for Coating or Printing Installations.” (3) Revision to COMAR 26.11.19.07 C. (1) to delete text which specified installations by substrates and listed the associated emission standards, and to add text to refer to the installations and emission standards found in subsections C. (2) and (3) of this regulation. (4) Revision to COMAR 26.11.19.07 to add subsection C. (2) and (3) to list in tabular format subject installations, applicability thresholds, and VOC emission standards. (5) Revision to COMAR 26.11.19.07 to delete subsections E. D. and F. as their requirements are found in the new simplified table at COMAR 26.11.19.07 C (2) and (3). (ii) Additional Material—Remainder of March 11, 1999 submittal pertaining to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating. (148) Revisions to the Maryland State Implementation Plan submitted on June 8, 1993 and September 25, 2000 by the Maryland Department of the Environment. (i) Incorporation by Reference. (A) Letter dated June 8, 1993 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.01, 26.11.02, and 26.11.06, as well as a new COMAR 26.11.17. (B) The following provisions of COMAR 26.11.01.01 (General Administrative Provisions—Definitions), 26.11.02 (Permits, Approvals, and Registration), 26.11.06 (General Emission Standards, Prohibitions, and Restrictions), and 26.11.17 (Requirements for Major New Sources and Modifications), effective April 26, 1993: (1) Revised COMAR 26.11.01.01J (definition of “Modification”) [currently cited as COMAR 26.11.01.01B(20)]. (2) New COMAR 26.11.01.01M–1 definition of “New Source Review Source” (NSR Source) [currently cited as COMAR 26.11.01.01B(24)], replacing COMAR 26.11.01.01L (“New Source Impacting on a Non-Attainment Area—NSINA”). (3) Revised COMAR 26.11.02.03A(1), .03B, .09A (introductory paragraph), 09A(5), .10C (introductory paragraph), .11A (introductory paragraph), .11A(3). (4) Revised COMAR 26.11.06.06E(1). (5) New COMAR 26.11.17.01A; .01B(1)(a), (b); .01B(2) through .01B(14); .01B(15)(a)[introductory paragraph only], (c), (d), (e)[except iii], (f); .01B(16) through (18); .02B through .02F; .03A; .03B(1), .03B(2), .03B(3)(a) through .03B(3)(d)[except introductory paragraph]; .03B(4); .03B(5); .03C; .03D; .05A; .05B(1); .05B(3). This rule replaces COMAR 26.11.06.11. (C) Letter dated September 25, 2000 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.17. (D) The following provisions of COMAR 26.11.17 (Requirements for Major New Sources and Modifications), effective October 2, 2000: .01B(1)(c); .01B(15)(a)(i), .01B(15)(a)(ii), .01B(15)(b), .01B(15)(e)(iii); .02A(1), .02A(2); .03B(3), .03B(5), .03B(6)[formerly .03B(5)], .04A(1), .04A(2), .04B, .04C(1), .04C(2); .05B(2). (149) Revisions to the Maryland Regulations related to use of pollution control devices in COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations submitted on July 17, 1995 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 17, 1995 from the Maryland Department of the Environment to Mr. Stanley Laskowski of EPA transmitting revisions to COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations related to use of control equipment to meet visible emission limitations. (B) Revision to COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations related to use of control equipment to meet visible emission limitations. Revisions were effective on May 8, 1995. (ii) Additional Material.—Remainder of July 17, 1995, submittal related to COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations and the use of pollution control equipment to meet visible emission limitations. (150) Revisions to the Maryland Regulations related to visible emissions standards for iron and steel installations submitted on March 30, 1987 and December 15, 1987 by the Maryland Department of Health and Mental Hygiene (currently known as the Maryland Department of the Environment): (i) Incorporation by reference. (A) Letters of March 30, 1987 and December 15, 1987 from the Maryland Department of Health and Mental Hygiene (currently known as the Maryland Department of the Environment) transmitting revisions related to visible emissions standards for iron and steel installations. (B) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 26.11.10.03B(2)], effective March 24, 1987. (C) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 26.11.10.03B(2)], effective January 5, 1988. (ii) Additional Material. Remainder of the March 30, 1987 and December 15, 1987 submittals. (151) Revisions to the Maryland State Implementation Plan submitted on August 28, 1998, November 16, 1999 and March 20, 2000 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of August 28, 1998 from the Maryland Department of the Environment transmitting additions to the Maryland's State Implementation Plan pertaining to the Nitrogen Oxides Budget Program. (B) Letter of November 16, 1999 from the Maryland Department of the Environment transmitting additions to the Maryland's State Implementation Plan pertaining to the Nitrogen Oxides Budget Program. (C) Letter of March 20, 2000 from the Maryland Department of the Environment transmitting additions to the Maryland's State Implementation Plan pertaining to the Nitrogen Oxides Budget Program. (D) Revisions to COMAR 26.11.27, Post RACT Requirements for NOX Sources (NOX Budget Program) and COMAR 26.11.28, Polices and Procedures Relating to Maryland's NOX Budget Program, effective June 1, 1998. (1) Addition of COMAR 26.11.27.01 through COMAR 26.11.27.14, except COMAR 26.11.27.04, .07 and .11. (2) Addition of COMAR 26.11.28.01 through COMAR 26.11.28.13, except COMAR 26.11.28.08. (E) Revisions to COMAR 26.11.27, Post RACT Requirements for NOX Sources (NOX Budget Program) and COMAR 26.11.28, Polices and Procedures Relating to Maryland's NOX Budget Program, effective October 18, 1999, consisting of the addition of new COMAR 26.11.27.04, .07 and .11. (F) Revisions to COMAR 26.11.27, Post RACT Requirements for NOX Sources ( NOX Budget Program) and COMAR 26.11.28, Polices and Procedures Relating to Maryland's NOX Budget Program, consisting of the consent agreement between the Maryland Department of the Environment and the Potomac Electric Power Company, effective September 13, 1999. (G) Revisions to COMAR 26.11.27, Post RACT Requirements for NOX Sources ( NOX Budget Program) and COMAR 26.11.28, Polices and Procedures Relating to Maryland's NOX Budget Program, consisting of the consent agreement between the Maryland Department of the Environment and the Baltimore Gas & Electric Company, effective November 19, 1999. (ii) Additional Material—Remainder of August 28, 1998, November 16, 1999 and March 20, 2000 submittals pertaining to the Nitrogen Oxides Budget Program. (152) Revisions to the Maryland Regulations governing visible emissions submitted on March 21, 1991 and November 5, 1997 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letters from the Maryland Department of the Environment dated March 21, 1991 and November 5, 1997 submitting revisions to the Maryland State Implementation Plan. (B) Document entitled “Procedures To Be Used To Evaluate An Application For An Alternative Visible Emissions Standard Under COMAR 26.11.06.02B”. (C) Code of Maryland Administrative Regulations (COMAR) 10.18.06.02 (General Emission Standards, Prohibitions, and Restrictions—Visible Emissions), Sections 10.18.06.02A(1), .02(A)(1)(a), .02(A)(2), and .02C(1) and (2), effective December 3, 1984. (D) Recodified COMAR 26.11.06.02 (General Emission Standards, Prohibitions, and Restrictions—Visible Emissions), Sections 26.11.06.02A(1) [General paragraph], .02A(1)(a) through (d) and (f), .02A(2), and .02C(1) through (3), effective August 1, 1988. (E) COMAR 26.11.06.02B (Visible Emissions—Case-by-Case Exception to the Visible Emissions Standards). (1) COMAR 10.18.06.02B(1)(a) through (d), .02B(2)(a), .02B(4)(a) and (b), and .02B(5)(a) and (b), effective December 3, 1984. This rule replaces COMAR 10.18.01.08. [Recodified as COMAR 26.11.06.02B, effective August 1, 1988.] (2) COMAR 26.11.06.02B(2)(b) through (e) and .02 B(4)(c), effective July 3, 1995. (F) Recodified COMAR 26.11.06.03D (Particulate Matter from Materials Handling and Construction), effective August 1, 1988. (ii) Additional Material. (A) Remainder of the March 21, 1991 submittal (MD91–01) as it pertains to the recodification of COMAR 26.11.06.02 and 26.11.06.03D. (B) Remainder of the November 5, 1997 submittal (MD97–02). (153) Revisions to the Maryland State Implementation Plan submitted on April 2, 1992 and October 10, 2000 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter dated April 2, 1992 from the Maryland Department of the Environment transmitting revisions to the testing and observation procedures for iron and steel production operations (B) The following revised Maryland provisions, effective February 17, 1992. (1) Revised COMAR 26.11.10.07. (2) Technical Memorandum 91–01, Supplement 1—Appendix A, Test Method 5 and Method 8. (C) Letter dated October 10, 2000 from the Maryland Department of the Environment transmitting revisions to regulations and technical memoranda governing control of iron and steel production operations. (D) The following revised Maryland provisions, effective November 2, 1998. (1) Revisions to COMAR 26.11.01.04C(2). (2) Revisions to the following provisions of COMAR 26.11.10: Paragraphs .02A., .02B(2), .02B(3), .03A(2)(a) through (c), .03A(2)(e), .03B [introductory paragraph], .03B(5) [formerly cited as .03B(6)], .04B(2) introductory paragraph [combined with provision formerly cited as .04B(2)(a)], .04B(2)(c)(i) and .04B(2)(c)(ii) [formerly cited as .04B(2)(e)(i) and .04B(2)(e)(ii) respectively], .04B(2)(f), .04B(3) through(5), and.05. (3) Removal of the following provisions: COMAR 26.11.10.01B(1) [existing provision .01B(2) is renumbered as .01B(1)], .03B(1) [existing provisions .03B(2) through(5) are renumbered as .03B(1) through (4)], .03B(7), .03B(8), .03C, .03D, .04A(2) and .04A(3) [existing provision .04A(1) is renumbered as .04A], .04B(2)(b), and .04B(2)(h) [existing provisions .04B(2)(c) through (g) and (i) are renumbered as .04B(2)(a) through (f)]. (4) Addition of COMAR 26.11.10.01B(2) and new .03C. (5) Technical Memorandum 91–01, Supplement 3—Test Methods 1004, 1004F, 1004G, 1004H, and 1004I. (E) Revisions to COMAR 26.11.10.03C(1) [formerly cited as .03C], and the addition of Paragraphs .03C(2) and .03C(3); effective October 2, 2000. (ii) Additional Materials—Remainder of the state submittals pertaining to the revisions listed in paragraph (c)(153) (i) of this section. (154) Revisions to the Maryland Regulations pertaining to the Nitrogen Oxides (NOX) Reduction and Trading Program submitted on April 27, 2000 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of April 27, 2000 from the Maryland Department of the Environment transmitting additions to the Maryland State Implementation Plan pertaining to the NOX Reduction and Trading Program. (B) Revisions to COMAR 26.11.29, NOX Reduction and Trading Program and COMAR 26.11.30, Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program, effective May 1, 2000. (1) Addition of COMAR 26.11.29.01 through COMAR 26.11.29.15. (2) Addition of COMAR 26.11.30.01 through COMAR 26.11.30.09. (ii) Additional material. Remainder of April 27, 2000 submittal pertaining to the NOX Reduction and Trading Program. (155) Revisions to the Maryland Regulations for NOX RACT regulations submitted on September 8, 2000 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of September 8, 2000 from the Maryland Department of the Environment transmitting the Maryland NOX RACT regulations. (B) The Maryland NOX RACT regulations found at COMAR 26.11.09.08, effective October 18, 1999, as revised effective September 18, 2000. This rule replaces COMAR 26.11.09.08, effective May 10, 1993, as revised effective June 20, 1994 and May 8, 1995. (C) Addition of COMAR 26.11.09.01B(3–1) (definition of the term “high heat release unit”), effective September 18, 2000. (ii) Additional Material.—Remainder of September 8, 2000 submittal. (156) Revision to the Maryland Regulations replacing the existing regulation and adopting a new regulation for control of volatile organic compounds (VOC) from expandable polystyrene operations (EPO) submitted on October 20, 2000 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of October 20, 2000 from the Maryland Department of the Environment transmitting the EPO regulations. (B) The Maryland EPO regulations found at COMAR 26.11.19.19, effective October 2, 2000. This rule replaces COMAR 26.11.19.19, effective July 3, 1995. (ii) Additional Material.—Remainder of the October 20, 2000 submittal. (157) Revision to the Maryland Regulations establishing VOC reasonably available control technology (RACT) standards for facilities that recycle bakery and confectionary waste submitted on October 31, 2000 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of October 31, 2000 from the Maryland Department of the Environment transmitting the VOC RACT regulations for facilities that recycle bakery and confectionary waste. (B) The Maryland VOC RACT regulations for facilities that recycle bakery and confectionary waste found at COMAR 26.11.19.28, effective October 2, 2000. (ii) Additional Material.—Remainder of the October 31, 2000 submittal. (158) Revision to the Maryland Regulations which adopt by reference the EPA definition of VOC found at 40 CFR 51.100(s), update the Maryland regulation references to the federal PSD regulations at 40 CFR 52.21 and include other miscellaneous revisions submitted on February 6, 1998 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting the adoption of the federal definition of VOC, federal reference updates and other miscellaneous revisions. (B) The amendment to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 which updates the references for incorporation of the federal PSD regulations found at 40 CFR 52.21 from the 1993 to the 1996 edition of the CFR and include other miscellaneous revisions (COMAR 26.11.01.01B(6–1) and COMAR 26.11.06.06A(1)(d)), effective June 30, 1997. (C) The amendment to COMAR 26.11.01.01B(53) which adopts by reference the EPA definition of VOC found at 40 CFR 51.100(s), 1996 edition of CFR, effective September 22, 1997. (ii) Additional Material.—Remainder of the February 6, 1998 submittal. (159) Revision to the Maryland Regulations updating the references to the federal definition of VOC at 40 CFR 51.100(s) and the federal PSD regulations at 40 CFR 52.21, submitted on November 16, 2000 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of November 16, 2000 from the Maryland Department of the Environment transmitting the updates to the Maryland regulation references to the federal definition of VOC at 40 CFR 51.100(s) and the federal PSD regulations at 40 CFR 52.21. (B) The amendments to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 which update the reference for incorporation of the federal PSD regulations found at 40 CFR 52.21 from the 1996 to the 1999 edition of the CFR and the amendment to COMAR 26.11.01.01B(53) which updates the federal reference for incorporation of the EPA definition of VOC found at 40 CFR 51.100(s) from the 1996 to the 1999 edition of the CFR, effective October 16, 2000. (ii) Additional Material.—Remainder of the November 16, 2000 submittal. (160) Revisions to the Maryland Regulation, COMAR 26.11.19, Volatile Organic Compounds from Specific Processes, submitted on October 5, 2001 by the Maryland Department of the Environment. (i) Incorporation by reference. (A) Letter of October 5, 2001 from the Maryland Department of the Environment transmitting Maryland Regulation, COMAR 26.11.19.29, Control of Volatile Organic Compounds From Distilled Spirits Facilities. (B) Additions of COMAR 26.11.19.29, Control of Volatile Organic Compounds From Distilled Spirits Facilities, adopted by the State of Maryland on September 11, 2000 and effective October 2, 2000. (C) Revisions to COMAR 26.11.19.29, Control of Volatile Organic Compounds From Distilled Spirits Facilities, adopted by the State of Maryland on September 25, 2001 and effective October 15, 2001. (ii) Additional Materials—Remainder of the State submittals pertaining to the revisions listed in paragraphs (c)(160)(i)(B) and (C) of this section. (161) Revisions to the State of Maryland Regulations pertaining to the repeal of COMAR 26.11.11.04, Petroleum Refineries, submitted on January 4, 2001, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of January 4, 2001, from the Maryland Department of the Environment transmitting amendments to COMAR 26.11.11 to repeal Regulation 26.11.11.04, Petroleum Refineries. (B) Amendments to COMAR 26.11.11, Control of Petroleum Products Installations, including Asphalt Paving and Asphalt Concrete Plants, repealing Regulation 26.11.11.04, Petroleum Refineries, effective October 5, 1998. (ii) Additional Material. Remainder of the January 4, 2001 submittal pertaining to the repeal of COMAR 26.11.11.04, Petroleum Refineries. (162) Revisions to the Maryland State Implementation Plan submitted on February 5, 2001 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) A letter dated February 5, 2001 from the Maryland Department of the Environment transmitting revisions to the Maryland State Implementation Plan, consisting of the addition of COMAR 26.11.19.30 Control of Volatile Organic Compounds from Organic Chemical Production. (B) Addition of new COMAR 26.11.19.30 Control of Volatile Organic Compounds from Organic Chemical Production, adopted by the Secretary of the Environment on December 6, 2000 and effective on January 8, 2001, including the following: (1) addition of new COMAR 26.11.19.30 A. Definitions. (2) addition of new COMAR 26.11.19.30 B. Terms Defined. (3) addition of new COMAR 26.11.19.30.C. Applicability. (4) addition of new COMAR 26.11.19.30.D. General Requirements. (5) addition of new COMAR 26.11.19.30.E. Demonstration of Compliance. (ii) Additional Materials—Remainder of the February 5, 2001 submittal. (163) Revisions to the Maryland Regulations submitted on January 8, 2001 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter dated January 8, 2001 from the Maryland Department of the Environment transmitting regulations that establish reasonably available control technology (RACT) requirements for those sources at integrated steel mills that cause emissions of volatile organic compounds (VOCs). (B) The following revisions to COMAR 26.11.10, effective December 25, 2000: (1) Addition of COMAR 26.11.10.01B(1) through .0B(5) inclusive, and .01B(8.) [existing provisions .01B(1) and .01B(2) are renumbered as .01B(6) and .01B(7) respectively]. (2) New COMAR 26.11.10.06 (Control of Volatile Organic Compounds from Iron and Steel Production Installations). (3) Revisions to COMAR 26.11.10.07 (Testing and Observation Procedures). (C) Letter dated May 29, 2001 from the Maryland Department of the Environment, noting the correction of a typographical error made in the Maryland Register publication of the Iron and Steel VOC RACT rule. (ii) Additional Materials—Remainder of the state submittal pertaining to the regulations listed in paragraph (c)(163)(i)(B) of this section. (164) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 and May 14, 2001 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of May 14, 2001 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.01.01 (General Administrative Definitions). (B) The following revised provisions of COMAR 26.11.01.01, effective June 20, 1994: (1) 26.11.01.01A. (2) 26.11.01.01B(1) through .01B(20), except for .01B(3) and .01B(13). (3) 26.11.01.01B(24) through .01B(36), except for .01B(25). (4) 26.11.01.01B(38) through .01B(53). (C) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.01.01 (General Administrative Definitions). (D) Revised COMAR 26.11.01.01B(43) [definition of “source”], effective June 30, 1997. (ii) Additional Material. (A) Remainder of May 14, 2001 submittal. (B) Remainder of February 6, 1998 submittal related to the revised definition of “source.” (165) Revisions to the Maryland State Implementation Plan submitted on June 12, 2001 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of June 12, 2001 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.04 (Ambient Air Quality Standards). (B) The following revised provisions of COMAR 26.11.04, effective May 8, 1995: (1) Revised chapter title of COMAR 26.11.04. (2) New 26.11.04.03 through .09 (formerly COMAR 26.11.03.01 through .07 [State-Adopted National Ambient Air Quality Standards and Guidelines], effective prior to May 8, 1995). (3) Addition of COMAR 26.11.04.02. (ii) Additional Material. (A) Remainder of June 12, 2001 submittal. (166) Revisions to the Maryland State Implementation Plan submitted on August 20, 2001 by the Maryland Department of the Environment consisting of Reasonably Available Control Technology (RACT) requirements to reduce volatile organic compound (VOC) emissions from marine vessel coating operations. (i) Incorporation by reference. (A) A letter dated August 20, 2001 from the Maryland Department of the Environment transmitting an addition to Maryland's State Implementation Plan, pertaining to volatile organic compound (VOC) regulations in Maryland's air quality regulations, COMAR 26.11.19.27. (B) Addition of new COMAR 26.11.19.27—Control of Volatile Organic Compounds from Marine Vessel Coating Operations, effective on October 20, 1997. (ii) Additional Materials—Remainder of the August 20, 2001 submittal pertaining to COMAR 26.11.19.27—Control of VOC Emissions from Marine Vessel Coating Operations. (167)(i) Incorporation by reference. (A) Letter dated February 21, 2001 submitted by the Maryland Department of the Environment transmitting the source-specific VOC RACT determination for the Thomas Manufacturing Corporation Inc., in the form of a Consent Order. (B) Consent Order for the Thomas Manufacturing Corporation Inc., dated February 6, 2001, with an effective date of February 15, 2001. (ii) Additional Materials—Other materials submitted by the State of Maryland in support of and pertaining to the RACT determination for the source listed in paragraph (c)(167)(i)(B) of this section. (168) SIP revision submitted on April 25, 2001 by the State of Maryland consisting of a Consent Order dated April 16, 2001 between the Maryland Department of the Environment and Constellation Power Source Generation Inc. The Consent Order establishes a system-wide inter-facility emissions averaging plan to comply with NOX RACT requirements at five facilities owned by Constellation Power Source Generation Inc. and located in the State of Maryland. (i) Incorporation by reference. (A) Letter of April 25, 2001 from the Maryland Department of the Environment (MDE) transmitting a Consent Order issued by MDE to Constellation Power Source Generation, Inc. establishing an averaging plan at five electric generating plants as a means of compliance with the NOX RACT requirements. (B) Consent Order between the Maryland Department of the Environment and Constellation Power Source Generation, Inc. dated April 16, 2001. (C) NOX RACT Averaging Plan Proposal submitted by Constellation Power Source Generation, Inc. dated November 6, 2000. (ii) Additional Material.—Remainder of the state submittal pertaining to the revision listed in paragraph (c)(168) of this section. (169) Revisions to the Maryland Regulation, COMAR 26.11.19, Volatile Organic Compounds from Specific Processes, submitted on October 5, 2001 by the Maryland Department of the Environment. (i) Incorporation by reference. (A) Letter of October 5, 2001 from the Maryland Department of the Environment transmitting Maryland Regulation, COMAR 26.11.19.13–1, Aerospace Coating Operations. (B) Addition of COMAR 26.11.19.13–1, Aerospace Coating Operations, adopted by the State of Maryland on September 11, 2000 and effective October 2, 2000. (C) Revisions to COMAR 26.11.19.13–1, Aerospace Coating Operations, adopted by the State of Maryland on September 25, 2001 and effective October 15, 2001. (ii) Additional Materials—Remainder of the State submittals pertaining to the regulations listed in paragraphs (c)(169)(i)(B) and (C) of this section. (170) Revisions to the Maryland Regulation, COMAR 26.11.14, Control of Emissions from Kraft Pulp Mills, submitted on October 5, 2001 by the Maryland Department of the Environment. (i) Incorporation by reference. (A) Letter of October 5, 2001 from the Maryland Department of the Environment transmitting Maryland Regulations COMAR 26.11.14.01, 26.11.14.02 and 26.11.14.06, Control of Emissions from Kraft Pulp Mills. (B) Additions of COMAR 26.11.14.01, COMAR 26.11.14.02 and COMAR 26.11.14.06, Control of Emissions from Kraft Pulp Mills, adopted by the State of Maryland on December 13, 2000 and effective January 8, 2001. (C) Revisions to COMAR 26.11.14.01 and COMAR 26.11.14.06, Control of Emissions from Kraft Pulp Mills, adopted by the State of Maryland on September 25, 2001 and effective October 15, 2001. (ii) Additional Materials—Remainder of the State submittals pertaining to the revisions listed in paragraphs (c)(170)(i)(B) and (C) of this section. (171) Revisions to the Code of Maryland Administrative Regulations (COMAR) which update the Maryland regulation references to both the Federal Prevention of Significant Deterioration (PSD) regulations found at §52.21 and the EPA definition of “volatile organic compound” (VOC) found at 40 CFR 51.100(s) of the 2000 edition of the Code of Federal Regulations, submitted on December 11, 2001 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of December 11, 2001 from the Maryland Department of the Environment transmitting updated references to the Code of Federal Regulations (CFR) with regard to the Prevention of Significant Deterioration (PSD) regulations and the definition of “volatile organic compound” (VOC). (B) Revisions to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 effective December 10, 2001, which updates the references for incorporation of the Federal PSD regulations found at §52.21 from the 1999 to the 2000 edition of the CFR. (C) The revision to COMAR 26.11.01.01B(53) effective December 10, 2001, which updates the references of the EPA definition of VOC found at 40 CFR 51.100(s) from the 1999 edition to the 2000 edition of CFR. (ii) Additional material. Remainder of the State submittals pertaining to the revisions listed in paragraphs (c)(171)(i)(B) and (C) of this section. (172) Revision to the Code of Maryland Administrative Regulations (COMAR) governing general records and information requirements, submitted on December 11, 2001 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of December 11, 2001 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.01.05 (Records and Information). (B) Revised COMAR 26.11.01.05, effective June 30, 1997, replacing COMAR 26.11.01.05, effective July 18, 1980, as recodified August 1, 1988. (C) Revision to the introductory paragraph of COMAR 26.11.01.05A., effective December 10, 2001. (ii) Additional material. Remainder of the State submittals pertaining to the revisions listed in paragraphs (c)(172)(i)(B) and (C) of this section. (173) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) A letter dated February 6, 1998 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, concerning exemption of certain intermittent visible emissions requirements at Federal facilities, establishment of specific requirements for safety determinations at Federal facilities, and amendment to open burning distance limitations under the “open fire” rule. (B) The following additions and revisions to the Code of Maryland Administrative Regulations (COMAR), effective August 11, 1997: (1) COMAR 26.11.06.02A(1)—introductory text of paragraph (1)[revised], and 26.11.06.02A(1)(j) [added]. (2) COMAR 26.11.07.01B(5) [added], 26.11.07.03B(1)(c) [revised], and 26.11.07.06 [added]. (ii) Additional Materials—Remainder of the February 6, 1998 submitted by the Maryland Department of the Environment pertaining to the amendments in paragraph (c)(173)(i) (B) of this section. (174) Revisions to the Maryland State Implementation Plan submitted on November 20, 2001, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter dated November 20, 2001 from the Maryland Department of the Environment transmitting a revision to Maryland State Implementation Plan concerning an alternative method for a source to achieve compliance with volatile organic compound (VOC) requirements for specific processes. (B) Revisions to Code of Maryland Administrative Regulation (COMAR) 26.11.19.02B (Applicability, Determining Compliance, Reporting and General Requirements—Method of Compliance), effective May 4, 1998, which revises paragraph .02B(2)(c), adds a new paragraph .02B(2)(d), and renumbers former paragraph .02B(2)(d) as .02B(2)(e). (ii) Additional Material.—Remainder of the State submittal pertaining to the revision listed in paragraph (c)(174)(i) of this section. (175) Revisions to the Maryland State Implementation Plan submitted on December 6, 2001, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter dated December 6, 2001 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, concerning good operating practices, equipment cleanup procedures, and volatile organic compound (VOC) storage tank vapor control requirements for specific processes. (B) Addition of Code of Maryland Administrative Regulation (COMAR) 26.11.19.02I—(Applicability, Determining Compliance, Reporting and General Requirements—Good Operating Practices, Cleanup, and VOC Storage), effective December 10, 2001. (ii) Additional Material.—Remainder of the State submittal pertaining to the revision listed in paragraph (c)(175)(i) of this section. (176) Revisions to the Maryland State Implementation Plan submitted by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of December 6, 2001 from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan concerning VOC requirements for facilities that produce inorganic chemicals and polytetrafluoroethylene (PTFE) products. (B) The following revisions to Code of Maryland Administrative Regulation (COMAR) 26.11.19.30 (Control of Volatile Organic Compounds from Chemical Production and Polytetrafluoroethylene Installations), effective December 10, 2001: (1) Revised title for COMAR 26.11.19.30. (2) Addition of paragraphs .30B(3–1), .30B(3–2), .30B(4–1), .30B(4–2), .30B(5)(b), and .30E(1) through (5) inclusive. (3) Renumbering of former paragraphs .30B(5), .30C(3), and .30E(1) as paragraphs .30B(5)(a), .30C(2) and .30F respectively. (4) Revisions to paragraphs .30C(1), renumbered .30C(2), .30D. (paragraph title), .30D(1), .30D(2), .30D(3), .30D(4) (introductory paragraph) and .30F. (5) Removal of former paragraphs .30C(2) and .30E(2). (C) Letter of November 6, 2002 from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan concerning VOC requirements for facilities that produce inorganic chemicals and polytetrafluoroethylene (PTFE) products. (D) The following revisions to Code of Maryland Administrative Regulation (COMAR) 26.11.19.30 (Control of Volatile Organic Compounds from Chemical Production and Polytetrafluoroethylene Installations), effective November 11, 2002: (1) Revisions to paragraphs .30B(4–1), .30B(4–2), .30C(2), .30C(3), and .30E(1). (2) Addition of paragraphs .30B(4–3), .30B(4–4), and .30E(6). (ii) Additional Material.—Remainder of the State submittal pertaining to the revision listed in paragraph (c)(176)(i) of this section. (177) Revisions to the Code of Maryland Administrative Regulation (COMAR) 26.11.19.18 pertaining to the establishment of a VOC limit for overprint varnish used in the cosmetic industry, submitted on June 21, 2002, by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of June 21, 2002, from the Maryland Department of the Environment transmitting amendments to Regulation .18, Control of Volatile Organic Compound Emissions from Screen Printing and Digital Imaging, under COMAR 26.11.19, Volatile Organic Compounds from Specific Processes. (B) Additions and Revisions to COMAR 26.11.19.18, Control of Volatile Organic Compound Emissions from Screen Printing and Digital Imaging under COMAR 26.11.19, Volatile Organic Compounds from Specific Processes, effective June 10, 2002: (1) Revised COMAR 26.11.19.18A(4)(a) and added COMAR 26.11.19.18A(4)(b), revising the definition of the term “Clear coating.” (2) Added COMAR 26.11.19.18A (10–1), adding a definition for the term “Overprint varnish.” (3) Added COMAR 26.11.19.18C(1)(a) (General Requirements for Screen Printing). Former COMAR 26.11.19.18C(1)(a) through (c) is renumbered as 26.11.19.18C(1)(b) through (d). (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(177)(i) of this section. (178) Revisions to the Maryland State Implementation Plan for Stage II Vapor Recovery at Gasoline Dispensing Facilities submitted on May 23, 2002 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of May 23, 2002 from the Maryland Department of the Environment transmitting revisions to the Maryland State Implementation Plan pertaining to Stage II Vapor Recovery at Gasoline Dispensing Facilities. (B) The following revisions and additions to COMAR 26.11.24, effective on April 15, 2002: (1) Revisions to .01B(1) and (17); addition of .01B(18) and .01B(19). (2) Addition of .01–1. (3) Revisions to .02C(1) and (3); addition of .02D, .02E and .02F. (4) Revisions to .03F; addition of .03H and .03I. (5) Revisions to .04A (introductory paragraph), .04B, .04C and .04C(1); addition of .04A(1) through .04A(5) and .04C(2). (6) Revisions to .07A, .07B and .07D; addition of .07E. (ii) Additional Material.—Remainder of the State submittal(s) pertaining to the revisions listed in paragraph (c)(178)(i) of this section. (179) Revisions to the Code of Maryland Administrative Regulation (COMAR) 11.14.08 pertaining to the request for delay in the incorporation of On-board Diagnostics testing in the state's Vehicle Inspection and Maintenance Program submitted on July 9, 2002 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of July 9, 2002 from the Maryland Department of the Environment transmitting amendments to Regulations .03, .06, .09, .12, and .16 under COMAR 11.14.08, Vehicle Emissions Inspection Program. (B) Additions and revisions to COMAR 11.14.08.03, .06, .09, .12, and .16, effective June 10, 2002: (1) Added COMAR 11.14.08.03E. (2) Revised COMAR 11.14.08.06A(3)(r), .09F, .12C(1) through (3) inclusive, and .16D. (ii) Additional Material.—Remainder of the State submittal(s) pertaining to the revisions listed in paragraph (c)(179)(i) of this section. (180) Revisions to the Code of Maryland Administrative Regulations (COMAR) submitted on November 18, 2002 and November 26, 2002 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of November 18, 2002 from the Maryland Department of the Environment transmitting the removal of Code of Maryland Administrative Regulation (COMAR) 10.18.03.08—the State ambient air quality standard for hydrocarbons. (B) Removal of COMAR 10.18.03.08, effective October 14, 1985. (C) Letter of November 26, 2002 from the Maryland Department of the Environment transmitting revisions to COMAR 10.18.09.05 regarding the removal of provisions granting visible emissions exceptions by control officers in Maryland Areas I, II, V, and VI. (D) Removal of COMAR 10.18.09.05A(3)(b)(i) and .05A(3)(b)(ii), effective December 3, 1984. (ii) Additional Material. (A) Remainder of the State submittals pertaining to the revisions listed in paragraph (c)(180)(i) of this section. (B) Letter dated January 9, 2003 from the Maryland Air and Radiation Management Administration to the Environmental Protection Agency, Region III, clarifying the reasons for removing the provisions of COMAR 10.18.09.05B(3)(i) and (ii). (181) Revisions to the Code of Maryland's Administrative Regulations (COMAR) for particulate matter, visible emissions and sulfur compounds submitted on November 6, 2002 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of November 6, 2002 from the Maryland Department of the Environment transmitting the revision consisting of housekeeping and clarification amendments to Regulations .02, .03, and .05 under COMAR 26.11.06 General Emission Standards, Prohibitions and Restrictions. (B) The following amendments to COMAR 26.11.06—General Emission Standards, Prohibitions and Restrictions, effective November 11, 2002: (1) Addition of COMAR 26.11.06.02A(1)(k). (2) Revisions to COMAR 26.11.06.02A(1)(j), .02A(2), .02C(1), .03C (introductory paragraph), .03C(1), and .05A. (3) Removal of COMAR 26.11.06.02C(3). (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(181)(i) of this section. (182) Revisions to the Code of Maryland Administrative Regulations (COMAR) under COMAR 26.11.02, Permits, Approvals, and Registration that were adopted from 1995 thorough 1999 and related amendments under COMAR 26.11.06, General Emission Standards, Prohibitions, and Restrictions, and COMAR 26.11.19, Volatile Organic Compounds from Specific Processes on November 1, 2001 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of November 1, 2002 from the Maryland Department of the Environment (MDE) transmitting revisions to COMAR 26.11.02, 26.11.06 and 26.11.19. (B) The following new provisions of COMAR 26.11.02 (Permits, Approvals and Registration), effective May 8, 1995, replacing COMAR 26.11.02.01 through 26.11.02.16, as amended effective through April 26, 1993: (1) COMAR 26.11.02.01A; 26.11.02.01B(2), (3), (7) through (9), (11) through (14), (17) through (21), (23) through (28), (34) through (36), (38), (40), (41), (43) through (45), (47), (48), (51) through (53), and (55); and 26.11.02.01C. (2) COMAR 26.11.02.02 (except .02D), .03, .04 (except .04C(2)), .05 through .10, .11 (except .11C), and .12 through 14. (C) Revision to COMAR 26.11.06.06E(4)(g), effective May 8, 1995. (D) Revision to COMAR 26.11.19.02G(3)(b), effective May 8, 1995. (E) Revisions to COMAR 26.11.02.01B(13), .06B (introductory paragraph) and .06B(5), .10O(2), .10Q(7), .10U, .10V, .11A(1), .12A(1) and (2), .14A(1); addition of 26.11.02.10O(13) and (14), .10W, .11A(2)and .12A(3); removal of 26.11.02.14A(2)—existing .14A(3) is renumbered as .14A(2), effective June 16, 1997. (F) Revision to COMAR 26.11.02.10E, effective September 22, 1997. (G) Revision to COMAR 26.11.02.09C, effective May 4, 1998. (H) Revisions to COMAR 26.11.02.10C, .10V and .10W; addition of COMAR 26.11.02.10X, effective March 22, 1999. (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(182)(i) of this section. (183) Revisions to the Maryland Regulations pertaining to Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel Burning Installations, submitted on November 6, 2002 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter dated November 6, 2002 from the Maryland Department of the Environment transmitting revisions to the Maryland State Implementation Plan pertaining to amendments to COMAR 26.11.09. (B) Revisions to COMAR 26.11.09, Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations, effective November 11, 2002. (1) Addition of COMAR 26.11.09.01B(3–1)—definition of “gas”. Existing paragraph .01B(3–1) is renumbered as .01B(3–2). (2) Revisions to COMAR 26.11.09.05A(3), .05B(2), and .05B(3). (3) Revisions to COMAR 26.11.09.06A(1), .06A(2), and .06B(4); addition of .06A(3)(c). (4) Revision to COMAR 26.11.09.08D (introductory paragraph) and .08D(1)(a). (5) Revision to COMAR 26.11.09.09 by removing existing Table 1 and adding both a new Table 1 and footnotes (a), (b), and (c). (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(183)(i) of this section. (184) Revisions to the Code of Maryland Administrative Regulations (COMAR) for the Control of VOC Emissions from Portable Fuel Containers submitted on March 8, 2002 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of March 8, 2002 from the Maryland Department of the Environment transmitting an addition to Maryland's State Implementation Plan pertaining to the control of volatile organic compounds (VOC) emissions from portable fuel containers. (B) Addition of new regulation .07 under COMAR 26.11.13—Control of VOC Emissions from Portable Fuel Containers, adopted by the Secretary of the Environment on December 21, 2001, and effective on January 21, 2002. (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(184)(i) of this section. (185) Revisions to the Code of Maryland Administrative Regulations (COMAR) on the Control of VOC Emissions from Consumer Products submitted on November 19, 2003 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) A letter dated November 19, 2003 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan pertaining to the control of volatile organic compounds (VOC) emissions from consumer products. (B) Addition of new COMAR 26.11.32—Control of Emissions of VOC from Consumer Products: (1) Addition of COMAR 26.11.32.01 through COMAR 26.11.32.23 adopted by the Secretary of the Environment on July 25, 2003 and effective on August 18, 2003. (2) Addition of new COMAR 26.11.32.01F—Retail Sales, adopted by the Secretary of the Environment on October 22, 2003 and effective on November 24, 2003. (ii) Additional Material. Remainder of the State submittals pertaining to the revisions listed in paragraph (c)(185)(i) of this section. (186) Revisions to the Maryland State Implementation Plan submitted on April 24, 2003, July 7, 2003, and December 1, 2003 by the Maryland Department of the Environment pertaining to the Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program, and the Nitrogen Oxides Reduction and Trading Program. (i) Incorporation by reference. (A) Letter of April 24, 2003 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to COMAR 26.11.30 Nitrogen Oxides Reduction and Trading Program, effective April 28, 2003. (1) Revisions to COMAR 26.11.30.09A. (2) Deletion of existing COMAR 26.11.30.09B. (3) Addition of new COMAR 26.11.30.09B, allocations for control periods 2003 through 2007. (B) Letter of July 7, 2003 from the Maryland Department of the Environment transmitting an administrative correction to COMAR 26.11.30.09 amending Mirant Dickerson's Unit #3 allocation from 410 to 404 tons of NOX. (C) Letter of December 1, 2003 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to COMAR 26.11.29 NOX Reduction and Trading Program, effective November 24, 2003. (1) Revisions to COMAR 26.11.29.09 (title), .09A (introductory sentence), and .09A(1). (2) Addition of COMAR 26.11.29.09A(2) and .09A(3). (3) Revisions to COMAR 26.11.29.09B (introductory sentence), .09B(1) and .09B(2), establishing the set aside pool at 5 percent of the total trading budget. (4) Deletion of COMAR 26.11.29.09E and 09F. (5) COMAR 26.11.29.09G is renumbered as 26.11.29.09E. (ii) Additional Material. (A) Remainder of the State submittals pertaining to the revisions listed in paragraph (c)(186)(i) of this section. (B) [Reserved] (187) The Ozone Redesignation and Maintenance Plan for Kent and Queen Anne's Counties nonattainment area submitted on February 4, 2004 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) A letter dated February 9, 2004 from the Maryland Department of the Environment transmitting Maryland's State Implementation Plan pertaining to the redesignation request for the Kent and Queen Anne's Counties Ozone Nonattainment Area. (B) SIP Revision 03–15, Redesignation Request for Kent and Queen Anne's Counties Ozone Nonattainment Area, February 4, 2004. (ii) Additional Material—Remainder of the State submittals pertaining to the revisions listed in paragraph (c)(187)(i) of this section. (188)–(189) [Reserved] (190) Revisions to the Maryland State Implementation Plan submitted on March 31, 2004 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of March 31, 2004 from the Maryland Department of the Environment transmitting a Consent Order establishing VOC RACT for Kaydon Ring and Seal, Inc. (B) Consent Order establishing VOC RACT for Kaydon Ring and Seal, Inc. with an effective date of March 5, 2004. (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(190)(i) of this section. (191) Revision to the Maryland Regulations pertaining to changes to control of fuel-burning equipment, stationary internal combustion engines and certain fuel-burning installations and to changes to requirements for major new sources and modifications submitted on December 1, 2003 by the Maryland Department of the Environment: (i) Incorporation by reference. (A) Letter of December 1, 2003 from the Maryland Department of the Environment transmitting changes to control of fuel-burning equipment, stationary internal combustion engines and certain fuel-burning installations and to changes to requirements for major new sources and modifications in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR). (B) Revisions to COMAR 26.11.09.08A(1), pertaining to control of NOX emissions for major stationary sources adopted by the Secretary of the Environment on October 21, 2003, and effective on November 24, 2003. (1) Revision to COMAR 26.11.09.08A(1)(a). (2) Deletion of COMAR 26.11.09.08A(1)(b). (3) Renumbering of COMAR 26.11.09.08A(1)(c) to COMAR 26.11.09.08A(1)(b). (C) Revisions to COMAR 26.11.17.01B(13) pertaining to requirements for major new sources and modifications adopted by the Secretary of the Environment on October 21, 2003, and effective on November 24, 2003. (1) Revisions to COMAR 26.11.17.01B(13)(a)(i) and (13)(a)(ii). (2) Deletion of COMAR 26.11.17.01B(13)(a)(iii). (3) Renumbering of COMAR 26.11.17.01B(13)(a)(iv) to 01B(13)(a)(iii), and 26.11.17.01B(13)(a)(v) to 01B(13)(a)(iv). (D) Revisions to COMAR 26.11.17.03B pertaining to requirements for major new sources and modifications adopted by the Secretary of the Environment on October 21, 2003, and effective on November 24, 2003. (1) Revision to COMAR 26.11.17.03B(3)(a). (2) Deletion of COMAR 26.11.17.03B(3)(b). (3) Renumbering of COMAR 26.11.17.03B(3)(c) to 03B(3)(b), and 03B(3)(d) to 03B(3)(c). (ii) Additional Material—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(191)(i) of this section. [37 FR 10870, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1100, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. §§ 52.1101-52.1109 [Reserved] top § 52.1110 Small business stationary source technical and environmental compliance assistance program. top On November 13, 1992, the Acting Director of the Air and Radiation Management Administration, Maryland Department of the Environment submitted a plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program as a state implementation plan (SIP) revision, as required by title V of the Clean Air Act Amendments. EPA approved the Small Business Stationary Source Technical and Environmental Compliance Assistance Program on May 16, 1994, and made it part of the Maryland SIP. As with all components of the SIP, Maryland must implement the program as submitted and approved by EPA. [59 FR 25333, May 16, 1994] §§ 52.1111-52.1115 [Reserved] top § 52.1116 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) The following provisions of 40 CFR 52.21 are hereby incorporated and made a part of the applicable State plan for the State of Maryland. (1) Definition of federally enforceable (40 CFR 52.21(b)(17)), (2) Exclusions from increment consumption (40 CFR 52.21(f)(1)(v), (3), (4)(i)), (3) Redesignation of areas (40 CFR 52.21(g) (1), (2), (3), (4), (5), and (6)), (4) Approval of alternate models (40 CFR 52.21(1)(2)), (5) Disputed permits or redesignation (40 CFR 52.21(t), and (6) Delegation of Authority (40 CFR 52.21(u)(1), (2)(ii), (3), and (4)). [45 FR 52741, Aug. 7, 1980 and 47 FR 7835, Feb. 23, 1982] § 52.1117 Control strategy: Sulfur oxides. top (a) [Reserved] (b) The requirements of §51.112(a) of this chapter are not met because the State did not submit an adequate control strategy demonstration to show that the Maryland Regulation 10.03.36.04B (1) and (2) would not interfere with the attainment and maintenance of the national sulfur dioxide standards. [40 FR 56889, Dec. 5, 1975, as amended at 41 FR 8770, Mar. 1, 1976; 41 FR 54747, Dec. 15, 1976; 51 FR 40676, Nov. 7, 1986] § 52.1118 Approval of bubbles in nonattainment areas lacking approved demonstrations: State assurances. top In order to secure approval of a bubble control strategy for the American Cyanamid facility in Havre de Grace, Maryland (see paragraph 52.1070(c)(87)), the Maryland Department of the Environment—Air Management Administration provided certain assurances in a letter dated September 13, 1988 from George P. Ferreri, Director, to Thomas J. Maslany, Director, Air Management Division, EPA Region III. The State of Maryland assured EPA it would: (a) Include the bubble emission limits for this plant in any new State Implementation Plan, (b) Consider this plant with its approved bubble limits in reviewing sources for needed additional emission reductions, and (c) Not be delayed in making reasonable efforts to provide the necessary schedules for completing the new ozone attainment plan. [55 FR 20272, May 16, 1990] Subpart W—Massachusetts top § 52.1119 Identification of plan—conditional approval. top (a) The following plan revisions were submitted on the dates specified. (1) On November 13, 1992, the Massachusetts Department of Environmental Protection submitted a small business stationary source technical and environmental compliance assistance program (PROGRAM). On July 22, 1993, Massachusetts submitted a letter clarifying portions of the November 13, 1992 submittal. In these submissions, the State commits to submit adequate legal authority to establish and implement a compliance advisory panel and to have a fully operational PROGRAM by November 15, 1994. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated November 13, 1992 submitting a revision to the Massachusetts State Implementation Plan. (B) State Implementation Plan Revision for a Small Business Technical and Environmental Compliance Assistance Program dated November 13, 1992. (ii) Additional materials. (A) Letter from the Massachusetts Department of Environmental Protection dated July 22, 1993 clarifying portions of Massachusetts' November 13, 1992 SIP revision. (2) [Reserved] [59 FR 41708, Aug. 15, 1994, as amended at 61 FR 43976, Aug. 27, 1996; 65 FR 19326, Apr. 11, 2000] § 52.1120 Identification of plan. top (a) Title of plan: “Plan for Implementation, Maintenance, and Enforcement of National Primary and Secondary Ambient Air Quality Standards.” (b) The plan was officially submitted on January 27, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Emergency episode regulations submitted on February 22, 1972, by the Bureau of Air Quality Control, Massachusetts Department of Public Health. (2) Miscellaneous non-regulatory changes to the plan, wording changes in regulations 2.5 and 2.1 and clarification of Regulations 2.5.1 through 2.5.4 submitted on April 27, 1972, by the Division of Environmental Health, Massachusetts Department of Public Health. (3) Miscellaneous non-regulatory additions to the plan submitted on May 5, 1972, by the Bureau of Air Quality Control, Massachusetts Department of Public Health. (4) Miscellaneous changes affecting regulations 2.1, 2.5, 4.2, 4.5.1, 5.6.1, 6.1.2, 6.3.1, 8.1.6, 9.1, 15.1, 51.2, 52.1 and 52.2 of the regulations for all six Air Pollution Control Districts submitted on August 28, 1972 by the Governor. (5) Letter of concurrence on AQMA identifications submitted on July 23, 1974, by the Governor. (6) Revision to Regulation No. 5, increasing allowable sulfur content of fuels in the Boston Air Pollution Control District submitted on July 11, 1975, by the Secretary of Environmental Affairs, and on April 1, 1977 and April 20, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (7) Revision to Regulation 50—Variances, Regulations for Control of Air Pollution in the six Massachusetts Air Pollution Control Districts, submitted by letter dated November 14, 1974, by the Governor. (8) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Merrimack Valley Air Pollution Control District submitted on January 28, 1976 by the Secretary of Environmental Affairs and on August 22, 1977 by the Commissioner of the Department of Environmental Quality Engineering, and additional technical information pertinent to the Haverhill Paperboard Corp., Haverhill, Mass., submitted on December 30, 1976 by the Secretary of Environmental Affairs. (9) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Pioneer Valley Air Pollution Control District submitted on July 22, 1976 by the Secretary of Environmental Affairs and on August 22, 1977 by the Commissioner of the Department of Environmental Quality Engineering, and additional technical information pertinent to Deerfield Specialty Papers, Inc., Monroe, Mass., submitted on December 27, 1977 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (10) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Central Massachusetts Air Pollution Control District submitted on June 25, 1976 by the Secretary of Environmental Affairs and on August 22, 1977 by the Commissioner of the Department of Environmental Quality Engineering. (11) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Central Massachusetts Air Pollution Control District (revised and adopted by the Massachusetts Department of Environmental Quality Engineering on March 29, 1976, with specificprovisions for the City of Fitchburg) submitted on June 25, 1976, by the Secretary of Environmental Affairs. (12) A revision to Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Southeastern Massachusetts Air Pollution Control District, submitted on December 30, 1976 by the Secretary of Environmental Affairs and on January 31, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (13) A revision to Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Berkshire Air Pollution Control District, submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on April 14, 1977, and additional technical information submitted on August 11, 1978, pertaining to the Schweitzer Division, Kimberly-Clark Corporation, Columbia Mill, Lee, and on August 31, 1978, pertaining to Crane and Company, Inc., Dalton. (14) Revisions to “Regulations for the Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies,” submitted on September 15, 1976 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (15) A revision to Regulation 2.5, Compliance with Emission Limitations, and to Regulation 16, Reduction of Single Passenger Commuter Vehicle Use, for the Pioneer Valley Air Pollution Control District, submitted on May 20, 1977, by the Acting Commissioner of the Executive Office of Environmental Affairs, Department of Environmental Quality Engineering. (16) Revision to regulation 7 and regulation 9, submitted on December 9, 1977, by the Commissioner of the Massachusetts Department of Environmental Quality and Engineering. (17) Revision to Regulations 310 CMR 7.05, Sulfur-in-Fuel, and 310 CMR 7.06, Visible Emissions, allowing burning of a coal-oil slurry at New England Power Company, Salem Harbor Station, Massachusetts, submitted on July 5, 1978 by the Commissioner, Massachusetts Department of Environmental Quality Engineering and an extension to 310 CMR 7.06, Visible Emissions, submitted on December 28, 1979. (18) Revision to Regulation 7.02(11) (formerly Regulation 2.5.3)—Emission Limitation to Incinerators, submitted February 1, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (19) The addition of Regulation 7.17, for the Southeastern Massachusetts Air Pollution Control District, Coal Conversion—Brayton Point Station, New England Power Company, submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on September 7, 1978. Compliance with this revision shall be determined by methods consistent with New Source Performance Standards, proposed Test Method 19, as stated in a letter dated February 8, 1979 from Kenneth Hagg of the Massachusetts Department of Environmental Quality Engineering to Frank Ciavattieri of the Environmental Protection Agency. (20) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) “Sulfur Content of Fuels and Control Thereof” and a revision for the Metropolitan Boston APCD, and Merrimack Valley APCD submitted on December 28, 1978, by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (21) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1), “Sulfur Content of Fuels and Control Thereof” and a revision to Regulation 310 CMR 7.05(4) “Ash Content of Fuels” for the Pioneer Valley Air Pollution Control District, submitted on January 3, 1979 by the Acting Com0missioner of the Massachusetts Department of Environmental Quality Engineering. (22) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1), “Sulfur Content of Fuels and Control Thereof” for the Southeastern Massachusetts APCD, submitted on January 31, 1979 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (23) A revision to Regulation 310 CMR 7.05(4) “Ash Content of Fuels” for the Metropolitan Boston Air Pollution Control District, submitted on July 20, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (24) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) “Sulfur Content of Fuels and Control Thereof” for the Central Massachusetts APCD, submitted on March 2, 1979 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering, and a revision removing the seasonal restriction in Fitchburg for Fitchburg Paper Company (55 meter stacks only) and James River-Massachusetts submitted on September 28, 1979 by the Commissioner. (25) On March 30, 1979 and on April 23, 1979 the Commissioner of the Massachusetts Department of Environmental Quality Engineering submitted the non-attainment area plan for Total Suspended Particulates (TSP) in Worcester, miscellaneous statewide regulation changes, and an extension request for the attainment of TSP secondary standards for areas designated non-attainment as of March 3, 1978. (26) On May 3, 1979, August 7, 1979, and April 17, 1980, the Commissioner of the Massachusetts Department of Environmental Quality Engineering submitted a revision entitled “Massachusetts Implementation Plan, Amended Regulation—All Districts, New Source Review Element,” relating to construction and operation of major new or modified sources in non-attainment areas. (27) Revisions to Regulation 310 CMR 7.07, Open Burning, submitted on September 28, 1979 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (28) Revision to the state ozone standard and adoption of an ambient lead standard was submitted by Thomas F. McLoughlin, Acting Commissioner of the Department of Environmental Quality Engineering on August 21, 1979. (29) A revision varying the provisions of Regulation 310 CMR 7.04(5), Fuel Oil Viscosity, for Cambridge Electric Light Company's Kendall Station, First Street, Cambridge, and Blackstone Station, Blackstone Street, Cambridge, submitted on December 28, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (30) Attainment plans to meet the requirements of Part D for carbon monoxide and ozone and other miscellaneous provisions were submitted by the Governor of Massachusetts on December 31, 1978 and on May 16, 1979 by the Acting Commissioner of the Department of Environmental Quality Engineering. Supplemental information was submitted on September 19, November 13 and December 7, 1979; and March 20 and April 7, 1980 by DEQE. (31) A temporary variance to the Provisions of Regulation 310 CMR 7.05, Sulfur Content of Fuels and Control Thereof, for Seaman Paper Company, Otter River. Submitted on March 20, 1980 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (32) A revision to Regulation 7.05(1) “Sulfur Content of Fuels and Control Thereof” for the Metropolitan Boston APCD submitted on November 27, 1979 by the Commissioner of the Department of Environmental Quality Engineering. (33) A revision to Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) “Sulfur Content of Fuels and Control Thereof” for the Pioneer Valley Air Pollution Control District submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on March 2, 1979 and May 5, 1981. (34) A revision to Regulation 7.05(1) “Sulfur Content of Fuels and Control Thereof” for the Metropolitan Boston APCD submitted on April 25, 1980 by the Commissioner of the Department of Environmental Quality Engineering. (35) On January 5, 1981, the Acting Director of the Division of Air Quality Control, Massachusetts Department of Environmental Quality Engineering submitted a revision entitled “Appendix J Transportation Project Level Guidelines” relating to policy guidance on the preparation of air quality analysis for transportation projects. (36) A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted by the Commissioner of the Department of Environmental Quality Engineering on January 28, 1980. (37) A revision submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on September 12, 1980 adding a new regulation 310 CMR 7.19 “Interim Sulfur-in-Fuel Limitations for Fossil Fuel Utilization Facilities Pending Conversion to an Alternate Fuel or Implementation of Permanent Energy Conservation Measures.” (38) A variance of Regulation 310 CMR 7.05(1)(d)(2) “Sulfur Control of Fuels and Control Thereof” for the Metropolitan Boston Air Pollution Control District, submitted on November 25, 1980, by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (39) Revisions to meet the requirements of Part D and certain other sections of the Clean Air Act, as amended, for making a commitment to public transportation in the Boston urban region which were submitted on July 9, 1981 and on July 30, 1981. (40) Regulations 310 CMR (14), (15), and (16), for paper, fabric, and vinyl surface coaters to meet the requirements of Part D for ozone were submitted by the Governor of Massachusetts on March 6, 1981. (41) A revision to Regulation 7.05(1)(c) “Sulfur Content of Fuels Control Thereof for the Merrimack Valley Air Pollution Control District” allowing the burning of higher sulfur content fuel oil at Haverhill Paperboard Corporation, Haverhill. (42) Regulation 310 CMR 7.18(2)(b), to allow existing surface coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10), (11), (12), (14), (15) and (16) to bubble emissions to meet the requirements of Part D for ozone was submitted by the Governor on March 6, 1981, and a letter clarifying state procedures was submitted on November 12, 1981. The emission limitations required by the federally-approved portion of 310 CMR 7.18 are the applicable requirements of the Massachusetts SIP for the purpose of section 113 of the Clean Air Act and shall be enforceable by EPA and by citizens in the same manner as other requirements of the SIP; except that emission limitations adopted by the state under and which comply with 310 CMR 7.18(2)(b) and the procedures set out in the letter of November 12, 1981 shall be the applicable requirements of the Massachusetts SIP in lieu of those contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and by citizens. (43) A revision to Regulation 7.05(1)(d) “Sulfur Content of Fuels and Control Thereof for the Metropolitan Boston Air Pollution Control District” allowing the burning of higher sulfur content fuel oil at Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering. (44) The Massachusetts Department of Environmental Quality Engineering submitted an updated VOC emissions inventory on September 3, 1981, and the procedures to annually update this inventory on November 4, 1981. (45) A revision to Regulation 7.05(1)(e) “Sulfur Content of Fuels and Control Thereof for the Pioneer Valley Air Pollution Control District” allowing the burning of higher sulfur content fuel oil at the Holyoke Gas and Electric Department, Holyoke. (46) A revision submitted on December 29, 1981 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering allowing the burning of higher sulfur content fuel oil at the ATF Davidson Company, Northbridge, until December 1, 1983. (47) Regulation 310 CMR 7.18(10) for metal coil coating was submitted on June 24, 1980 by the Commissioner of the Department of Environmental Quality Engineering, in order to meet Part D requirements for ozone. (48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous Metal Parts and Products and (12), Graphic Arts—Rotogravure and Flexography with test methods; and (13) Perchloroethylene Dry Cleaning Systems without test methods, were submitted on July 21, 1981 and March 10, 1982 by the Department of Environmental Quality Engineering to meet Part D requirements for ozone attainment. (49) A revision to Regulation 7.17 “Conversions to Coal” submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on January 22, 1982 specifying the conditions under which coal may be burned at the Holyoke Water Power Company, Mount Tom Plant, Holyoke, Massachusetts. (50) [Reserved] (51) A revision submitted on September 29, 1982 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering allowing the burning of fuel oil having a sulfur content of 0.55 pounds per million Btu heat release potential at the Northeast Petroleum Corporation, Chelsea, Massachusetts. (52) A revision submitted on September 28, 1982 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering allowing the burning of higher sulfur content fuel oil at the Polaroid Corporation for a period of up to 30 months commencing on December 1, 1982. (53)(i) Attainment plans for carbon monoxide and ozone submitted by the Department of Environmental Quality Engineering on September 9, November 2 and November 17, 1982; February 2, March 21, April 7, April 26 and May 16, 1983. These revisions amend Regulations 310 CMR 7.18 (3)–(7), (9)–(16); and add Regulation 310 CMR 7.18(17), 7.20 (1)–(14), and 540 CMR 4.00. (ii) Regulation 310 CMR 7.18(3) for the surface coating of metal furniture submitted on September 9, 1982 as part of the attainment plan identified in §52.1120(c)(53)(i), is added to the VOC surface coating bubble Regulation 310 CMR 7.18(2)(b) identified in §52.1120(c)(42). (iii) Regulation 310 CMR 7.18(13) for Perchloroethylene Dry Cleaning systems submitted on September 9, 1982 as part of the attainment plan identified in section 52.1120(53)(i), is amended by adding EPA test methods to the no action identified in 52.1120(48). (54) On February 8, 1983, the Massachusetts Department of Environmental Quality Engineering submitted a source specific emission limit in the letter of approval to the Esleeck Manufacturing Company, Inc., Montague, allowing the Company to burn fuel oil having a maximum sulfur content of 1.21 pounds per million Btu heat release potential provided the fuel firing rate does not exceed 137.5 gallons per hour. (55) A revision to exempt the Berkshire Air Pollution Control District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25, 1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control of the Department of Environmental Quality Engineering. (56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum liquid storage in external floating roof tanks submitted on December 2, 1983. (57) Revisions to the State's narrative, entitled New Source Regulations on page 117 and 118, the regulatory definitions of BACT, NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13), submitted by Anthony D. Cortese, Commissioner, in August, 1982 and received on September 9, 1982. (58) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 7, 1991, November 13, 1992 and February 17, 1993. (i) Incorporation by reference. (A) Letters from the Massachusetts Department of Environmental Protection dated June 7, 1991, November 13, 1992 and February 17, 1993 submitting revisions to the Massachusetts State Implementation Plan. (B) Amendments and additions to 310 CMR 7.00 submitted on June 7, 1991 and effective on April 12, 1991. (C) Amendments and additions to 310 CMR 7.00 submitted on June 7, 1991 and effective on June 21, 1991. (D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992 and February 17, 1993 and effective on February 12, 1993. (ii) Additional materials. (A) Nonregulatory portions of the state submittal. (59) A revision submitted on May 3, 1983, allowing the burning of 2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility in Uxbridge, Massachusetts for a period of up to 30 months, commencing on March 23, 1984. (60) On May 27, 1982 and September 9, 1982 the Commissioner of the Massachusetts Department of Environmental Quality Engineering submitted a revised plan for new source review in nonattainment areas. The submittal included 310 CMR Appendix A, “Emission Offsets and Nonattainment Review,” additions to 310 CMR 7.00, “General Definitions,” and revisions to 310 CMR 7.02(2)(b)(4) and 7.02(2)(b)(5), “Plan Approval and Emission Limitations.” (61) A revision submitted on October 31, 1983, allowing the burning of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths facility in Taunton, Massachusetts for a period of up to 30 months, commencing on March 23, 1984. (62) A revision submitted on November 16, 1983 allowing the burning of 2.2% sulfur content fuel oil at the ATF Davidson Company in Northbridge, Massachusetts. (63) A revision submitted on February 2, 1984, allowing the burning of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in Chelsea, Massachusetts for a period of up to 30 months, commencing on June 15, 1984. (64) A revision to the Ozone Attainment Plan was submitted by S. Russell Sylva, Commissioner of the Massachusetts Department of Environmental Quality Engineering on February 14, and May 22, 1985 to control emissions from gasoline tank trucks and bulk terminal vapor recovery systems. (i) Incorporation by reference. (A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d), “Motor Vehicle Fuel Tank Trucks”, adopted December 1984. (B) The May 22, 1985 letter from Massachusetts DEQE, and the enforcement manual submitted and adopted on May 22, 1985, including Method 27, record form, potential leak points, major tank truck leak sources, test procedure for gasoline vapor leak detection procedure by combustible gas detector, instruction manual for Sentox 2 and Notice of Violation. (65) A temporary variance to 310 CMR 7.05(1)(d)2 of “Sulfur Content of Fuels and Control Thereof for Metropolitan Boston Air Pollution Control District” submitted on January 6, 1984 to allow for the use of 2.2% sulfur content fuel oil in boiler unit 7 of the Boston Edison Company Mystic Station facility in Everett for thirty months commencing on September 25, 1984. (66) Attainment and maintenance plans for lead, submitted on July 13 and August 17, 1984 by the Department of Environmental Quality Engineering. (67) A revision submitted on July 11, 1984 allowing the burning of 2.2% sulfur content fuel oil at the James River Corporation Hyde Park Mill facility in Boston, Massachusetts for a period of up to 30 months, commencing on September 25, 1984. (68) A revision submitted on February 8 and October 23, 1985 allowing the burning of 2.2% sulfur content fuel oil at the Phillips Academy facility in Andover, Massachusetts for a period of up to 30 months, commencing on April 1, 1986. (i) Incorporation by reference. (A) Letter from Richard J. Chalpin, Acting Regional Engineer, to Phillips Academy, dated December 27, 1984 allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 30 months from the date of publication), the savings from which will be used to implement permanent energy conservation measures to reduce on-site consumption of petroleum products by at least 50,000 gallons per year (estimated 82,000 gallons per year). At the end of the temporary use period, Phillips Academy will return to the use of 1.0% sulfur fuel oil. The particulate emission rate for the facility will not exceed 0.15 lbs. per million Btu. (B) These specific requirements of Regulation 310 CMR 7.19 were agreed to in a Statement of Agreement, signed February 19, 1985. (C) Memorandum to Donald C. Squires from Bruce K. Maillet dated October 4, 1985; subject: Response to EPA questions regarding Phillips Academy, outlines the permanent energy conservation measures to be used. (69) Revisions to federally approved regulations 310 CMR 7.02(2)(b) and 310 CMR 7.05(4) were submitted on December 3, 1985, January 31, 1986 and February 11, 1986 by the Department of Environmental Quality Engineering. (i) Incorporation by reference. (A) Regulation 310 CMR 7.02(2)(b), Department of Environmental Quality Engineering, Air Pollution Control, is corrected to include the word “major” before the word “modification”. (B) Regulation 310 CMR 7.05(4), Department of Environmental Quality Engineering, Air Pollution Control, Ash Content of Fuels. (ii) Additional materials. (A) The nonregulatory portions of the state submittals. (70) A revision submitted on February 19, 1986 allowing the burning of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mary Ellen McCormick and Maverick Family Development facilities in Boston, Massachusetts for a period of up to 30 months, commencing on August 12, 1986. (i) Incorporation by reference. (A) Letters dated August 30, 1985 and July 11, 1985 for the Mary Ellen McCormick and Maverick Family Development Facilities, respectively, from Richard J. Chalpin, Acting Regional Engineer, allowing the temporary use of less expensive 2.2% sulfur fuel oil for 30 months from August 12, 1986, the savings from which will be used to implement permanent energy conservation measures to reduce the on-site consumption of the petroleum products. At the end of the temporary use period, the Boston Housing Authority, Mary Ellen McCormick and Maverick Family Development facilities will return to the use of 0.5% sulfur fuel oil. The particulate emission rate for these facilities will not exceed 0.12 lbs per million BTU. (B) Statements of Agreement both signed October 28, 1985 by Doris Bunte, Administrator of Boston Housing Authority. (C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated January 9, 1986, subject: Decision Memo. (71) A revision submitted on May 12, 1986 allowing the burning of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mission Hill Extension Family Development facility in Boston, Massachusetts for a period of up to 30 months, commencing on November 25, 1986. (i) Incorporation by reference. (A) Letter dated March 5, 1986 for the Mission Hill Extension Family Development facility, from Richard J. Chalpin, Acting Regional Engineer, allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 30 months from the date of publication), the savings from which will be used to implement permanent energy conservation measures to reduce the on-site consumption of petroleum products. At the end of the temporary use period, the Boston Housing Authority, Mission Hill Extension Family Development facility will return to the use of 0.5% sulfur fuel oil. The particulate emission rate for this facility will not exceed 0.12 lbs per million Btu. (B) Statements of Agreement signed April 4, 1986 by Doris Bunte, Administrator of Boston Housing Authority. (C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April 18, 1986, subject: Decision Memo. (72) Revisions involving regulations 310 CMR 7.02(2)(b) 4, 5, and 6; 7.02(12)(b)3; 7.02(12)(d); and 7.14 were submitted on November 21, 1986 and January 15, 1987, by the Department of Environmental Quality Engineering (DEQE). (i) Incorporation by reference. (A) Regulation 310 CMR 7.02(2)(b) 4, 5, and 6 are amended and became effective on February 6, 1987. (B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective on February 6, 1987. (C) Regulation 310 CMR 7.02(12)(d) is amended and became effective on February 6, 1987. (D) Regulations 310 CMR 7.14 (2) and (3) are added and became effective on February 6, 1987. (E) The Commonwealth of Massachusetts Regulation Filing document dated January 15, 1987 is provided and states that these regulatory changes became effective on February 6, 1987. (ii) Additional materials. The nonregulatory portions of the state submittals. (73) Revisions to the State Implementation Plan submitted by the Commonwealth of Massachusetts on February 21, February 25, and June 23, 1986. (i) Incorporation by reference. (A) A letter from the Commonwealth of Massachusetts Department of Environmental Quality Engineering dated February 21, 1986 and amendments to 310 CMR 7.00 and 310 CMR 7.18 of the Regulations for the control of Air Pollution in the Berkshire, Central Massachusetts, Merrimack Valley, Metropolitan Boston, Pioneer Valley and Southeastern Massachusetts Air Pollution Control Districts. (B) A letter from the Commonwealth of Massachusetts Department of Environmental Quality Engineering (DEQE), dated June 23, 1986 and the Implementation Guidance, 310 CMR 7.18(18), Polystyrene Resin Manufacturing, dated February 1986. (C) A Regulation Filing and Publication document from the Commonwealth of Massachusetts Department of Environmental Quality Engineering, dated February 25, 1986. (ii) Additional materials. (A) Nonregulatory portions of the state submittals. (74) Revisions to the State Implementation Plan were submitted by the Commissioner of the Department of Environmental Quality Engineering on November 5, 1986 and December 10, 1986. (i) Incorporation by reference. (A) Letter dated November 5, 1986 from the Massachusetts Department of Environmental Quality Engineering (DEQE) submitting revisions to the State Implementation Plan for EPA approval. (B) Letter from the Massachusetts DEQE dated December 10, 1986, which states that the effective date of Regulations 310 CMR 7.00, “Definitions” and 310 CMR 7.18(19), “Synthetic Organic Chemical Manufacture,” is November 28, 1986. (C) Massachusetts' Regulation 310 CMR 7.18(19) entitled, “Synthetic Organic Chemical Manufacture,” and amendments to 310 CMR 7.00, “Definitions,” effective in the Commonwealth of Massachusetts on November 28, 1986. (ii) Additional materials. (A) Nonregulatory portions of the State submittal. (75) [Reserved] (76) Revisions involving regulations 310 CMR 7.18(2)(e) and 7.18(17) submitted by the Department of Environmental Quality Engineering on September 20, 1988. (i) Incorporation by reference. (A) Amendment to Regulation 310 CMR 7.18(2)(e)—effective July 22, 1988. (B) Amendments to Regulation 310 CMR 7.18(17)(d)—effective July 22, 1988. (C) A Regulation Filing and Publication document from the Commonwealth of Massachusetts Department of Environmental Quality Engineering dated July 5, 1988 which states that the effective date of the regulatory amendments to 310 CMR 7.18(2)(e) and 310 CMR 7.18(17)(d), incorporated above, is July 22, 1988. (ii) Additional materials. (A) Nonregulatory portions of the state submittal. (77) Revisions to federally approved regulation 310 CMR 7.05(1) submitted on July 18, 1984, April 17, 1985, March 16, 1987, and November 25, 1987 by the Department of Environmental Quality Engineering approving sulfur-in-fuel limitations for the following sources: American Fiber and finishing Company (formerly known as Kendall Company), Colrain; Erving Paper company, Erving; and Westfield River Paper Company, Russell. (i) Incorporation by reference. (A) Letters dated October 14, 1987 for the American Fiber and Finishing Company, Erving Paper Company, and Westfield River Paper Company facilities from Stephen F. Joyce, Deputy Regional Environmental Engineer, Department of Environmental Quality Engineering. (B) Statements of agreement signed November 6, 1987 by Schuyler D. Bush, Vice President of Erving Paper Company; 1987 by Francis J. Fitzpatrick, President of Westfield River Paper Company; and November 16, 1987 by Robert Young, Vice President of American Fiber and Finishing Company. (78) Revisions to federally approved regulation 310 CMR 7.02(12) submitted on July 13, 1988, September 15, 1988, and April 12, 1989, by the Department of Environmental Quality Engineering, limiting the volatility of gasoline from May 1 through September 15, beginning 1989 and continuing every year thereafter, including any waivers to such limitations that Massachusetts may grant. In 1989, the control period will begin on June 30. (i) Incorporation by reference. (A) Massachusetts Regulation 310 CMR 7.02(12)(e), entitled, “gasoline Reid Vapor Pressure (RVP),” and amendments to 310 CMR 7.00, “Definitions,” effective in the Commonwealth of Massachusetts on May 11, 1988. (B) Massachusetts Emergency Regulation Amendment to 310 CMR 7.02(12)(e) 2.b entitled “gasoline Reid Vapor Pressure” effective in the Commonwealth of Massachusetts on April 11, 1989, with excerpt from the Manual for Promulgating Regulations, Office of the Secretary of State. (79) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 4, 1988 and July 16, 1989 which define and impose reasonably available control technology to control volatile organic compound emissions from Monsanto Chemical Company in Indian Orchard, Massachusetts. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated July 18, 1989 submitting a revision to the Massachusetts State Implementation Plan. (B) A final RACT Compliance Plan Conditional Approval issued to Monsanto Chemical Company by the Massachusetts Department of Environmental Protection, dated and effective June 20, 1989. (ii) Additional materials. (A) Nonregulatory portions of the state submittal. (80) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 18, 1989. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated July 18, 1989 submitting a revision to the Massachusetts State Implementation Plan. (B) Amendments to the Conditional Plan Approval dated and effective July 12, 1989 and the Conditional Plan Approval dated and effective October 7, 1985 imposing reasonably available control technology on Spalding Sports Worldwide in Chicopee, Massachusetts. (81) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Quality Engineering on July 18, 1989. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Quality Engineering dated July 18, 1989 submitting a revision to the Massachusetts State Implementation Plan. (B) RACT Approval Addendum for Cranston Print Works Company, Webster Division Facility in Webster, Massachusetts dated and effective June 20, 1989. (ii) Additional materials. Nonregulatory portions of the State submittal. (82) Revision to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection August 8, 1989. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated August 8, 1989 submitting a revision to the Massachusetts State Implementation Plan. (B) Amended Conditional Plan Approval (SM–85–168–IF) dated and effective August 1, 1989 and an Amendment to the Amended Conditional Plan Approval (SM–85–168–IF Revision) dated and effective August 8, 1989 imposing reasonably available control technology on Duro Textile Printers, Incorporated in Fall River, Massachusetts. (83) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 24, 1989 and October 16, 1989 regulating gasoline volatility. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated October 16, 1989 and a revision to the Massachusetts State Implementation Plan containing revised Massachusetts gasoline Reid Vapor Pressure regulation 310 CMR 7.24(5)(b)2, effective September 15, 1989. (84) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 27, 1982, June 22, 1987, and December 27, 1989. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated August 27, 1982, submitting a revision to the Massachusetts State Implementation Plan. (B) Amendments to 310 CMR 7.00, “Definitions” effective in the Commonwealth of Massachusetts on June 18, 1982 which add the definitions of the terms “stationary source” and “building, structure, facility, or installation.” (ii) Additional materials. (A) Letter from the Massachusetts Department of Environmental Protection dated June 22, 1987 certifying that it did not rely on a dual definition in its attainment demonstration. (B) Letter from the Massachusetts Department of Environmental Protection dated December 27, 1989 submitting additional assurances that it is making reasonable efforts to develop a complete and approve SIP. (C) Nonregulatory portions of the submittal. (85) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 28, 1989. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated November 28, 1989 submitting a revision to the Massachusetts State Implementation Plan. (B) A Plan Approval 4P89005 Correction dated and effective November 17, 1989 and the Amended Plan Approval, 4P89005 dated and effective October 19, 1989 imposing reasonably available control technology on Boston Whaler Inc., in Norwell, Massachusetts. (ii) Additional materials. (A) Nonregulatory portions of the State submittal. (86) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 28, 1989. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated November 28, 1989 submitting a revision to the Massachusetts State Implementation Plan. (B) A Plan Approval 4P89006 Correction dated and effective November 17, 1989 and the Amended Plan Approval (4P89006) dated and effective October 19, 1989 imposing reasonably available control technology on Boston Whaler Inc. in Rockland, Massachusetts. (ii) Additional materials. (A) Nonregulatory portions of the State submittal. (87) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 20, 1989. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated November 20, 1989 submitting a revision to the Massachusetts State Implementation Plan. (B) 2nd Amendment to the Final Approval/RACT Approval for the Philips Lighting Company dated November 2, 1989. (ii) Additional materials. (A) Nonregulatory portions of the State submittal. (88) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 13, 1990. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated June 13, 1990 submitting a revision to the Massachusetts State Implementation Plan. (B) An Amended Plan Approval dated and effective June 1, 1990 imposing reasonably available control technology on Acushnet Company, Titleist Golf Division, Plant A in New Bedford, Massachusetts. (ii) Additional materials. (A) Nonregulatory portions of the State submittal. (89) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 9, 1990. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated July 9, 1990 submitting a revision to the Massachusetts State Implementation Plan. (B) An Amended Plan Approval dated and effective June 8, 1990 imposing reasonably available control technology on General Motors Corporation in Framingham, Massachusetts. (ii) Additional materials. (A) Nonregulatory portions of the State submittal. (90) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on October 25, 1990 which define and impose RACT to control volatile organic compound emissions from Erving Paper Mills in Erving, Massachusetts. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated October 25, 1990 submitting a revision to the Massachusetts State Implementation Plan. (B) A conditional final plan approval issued by the Massachusetts Department of Environmental Protection to Erving Paper Mills dated and effective October 16, 1990. (91) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on April 22, 1991 which clarify the requirements of RACT to control volatile organic compound emissions from Erving Paper Mills in Erving, Massachusetts. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated April 22, 1991 submitting a revision to the Massachusetts State Implementation Plan. (B) A conditional final plan approval amendment issued by the Massachusetts Department of Environmental Protection to Erving Paper Mills dated and effective April 16, 1991. This amended conditional plan approval amends the October 16, 1990 conditional plan approval incorporated at paragraph (c)(90) of this section. (92) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 17, 1989, June 7, 1991 and December 17, 1991. (i) Incorporation by reference. (A) Letters from the Massachusetts Department of Environmental Protection dated August 17, 1989 and June 7, 1991 submitting a revision to the Massachusetts State Implementation Plan. (B) Portions of regulation 310 CMR 7.18(7) for automobile surface coating as submitted on August 17, 1989 effective in the Commonwealth of Massachusetts on September 15, 1989. (C) Portions of regulation 310 CMR 7.18(7) for automobile surface coating as submitted on June 7, 1991 effective in the Commonwealth of Massachusetts on June 21, 1991. (ii) Additional materials. (A) A letter dated December 17, 1991 from the Massachusetts Department of Environmental Protection withdrawing the emission limit for the Primer-surfacer application from the June 7, 1991 submittal. (B) Nonregulatory portions of state submittal. (93) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 27, 1982, June 27, 1984, March 6, 1985, April 12, 1985, August 17, 1989, June 7, 1991 and December 17, 1991. (i) Incorporation by reference. (A) Letters from the Massachusetts Department of Environmental Protection dated August 27, 1982, April 12, 1985, August 17, 1989, and June 7, 1991, submitting revisions to the Massachusetts State Implementation Plan. (B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and effective on September 16, 1982. (C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985 and effective on September 30, 1984. (D) Amendments to portions of 310 CMR 7.00 submitted on August 17, 1989 and effective September 15, 1989. (E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 and effective on April 12, 1991. (F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 and effective on June 21, 1991. (ii) Additional materials. (A) A letter from the Massachusetts Department of Environmental Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00: Appendix B. (B) A letter from the Massachusetts Department of Environmental Quality Engineering dated March 6, 1985 submitting additional information on 310 CMR 7.00: Appendix B and referencing 310 CMR 7.18(2)(b). (C) A letter dated December 17, 1991 from the Massachusetts Department of Environmental Protection withdrawing the emission limit for the Primer-surfacer application in 310 CMR 7.18(7)(b) from the June 7, 1991 submittal. (D) Nonregulatory portions of state submittal. (94) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 4, 1989, December 6, 1989 and March 23, 1990. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated August 4, 1989, December 6, 1989 and March 23, 1990 submitting a revision to the Massachusetts State Implementation Plan. (B) Massachusetts' Air Pollution Control Regulations 310 CMR 7.30 (excluding 310 CMR 7.30(8)(a)), and 310 CMR 7.31 entitled, “MB Massport/Logan Airport Parking Freeze” and “MB City of Boston/East Boston Parking Freeze” respectively, effective in the State of Massachusetts on 11/24/89, and technical amendments to that regulation submitted by the Massachusetts Department of Environmental Protection on March 23, 1990, effective 3/30/90. (ii) Additional materials. (A) Appendix 5D, Baseline and Future Case CO Compliance Modeling, dated June 1986. (B) Policy Statement Regarding the Proposed Amendment to the Logan Airport Parking Freeze, dated November 14, 1988. (95) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection of May 15, 1991. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated May 15, 1992 submitting a revision to the Massachusetts State Implementation Plan. (B) Final Plan Approval No. 4P89051, dated and effective May 13, 1991 imposing reasonably available control technology on Dartmouth Finishing Corporation, New Bedford, Massachusetts. (96) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 30, 1991. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated January 30, 1991 submitting a revision to the Massachusetts State Implementation Plan. (B) Massachusetts Regulation 310 CMR 7.38, entitled “Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District,” and amendment to 310 CMR 7.00, entitled “Definitions,” effective in the Commonwealth of Massachusetts on January 18, 1991. (97) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on May 17, 1990, July 5, 1990, June 7, 1991, and April 21, 1992. (i) Incorporation by reference. (A) Letters from the Massachusetts Department of Environmental Protection, dated May 17, 1990 and June 7, 1991, submitting a revision to the Massachusetts State Implementation Plan. (B) Definition of “motor vehicle fuel,” “motor vehicle fuel dispensing facility,” “substantial modification,” and “vapor collection and control system,” added to 310 CMR 7.00 and effective in the Commonwealth of Massachusetts on October 27, 1989. (C) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the Commonwealth of Massachusetts on October 27, 1989. (D) Amendments to 310 CMR 7.24(6)(b) “Dispensing of Motor Vehicle Fuel” and to the definition of “substantial modification” in 310 CMR 7.00, effective in the Commonwealth of Massachusetts on June 21, 1991. (E) Amendment to the definition of “motor vehicle fuel dispensing facility” in 310 CMR 7.00, effective in the Commonwealth of Massachusetts on April 12, 1991. (ii) Additional materials. (A) Letter from the Massachusetts Department of Environmental Protection, dated July 5, 1990, requesting the withdrawal of amendments to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in Berkshire County from the SIP revision package submitted on May 17, 1990. (B) Letter from the Massachusetts Department of Environmental Protection, dated April 21, 1992, submitting an implementation policy statement regarding its Stage II program. This policy statement addresses the installation of California Air Resources Board (CARB) certified systems, Stage II testing procedures, and defects in State II equipment. (C) Nonregulatory portions of the submittal. (98) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 13, 1992, January 15, 1993, and February 17, 1993. (i) Incorporation by reference. (A) Letters from the Massachusetts Department of Environmental Protection dated November 13, 1992, January 15, 1993, and February 17, 1993, submitting a revision to the Massachusetts State Implementation Plan. (B) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the State of Massachusetts on February 12, 1993. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (99) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 3, 1990 and August 26, 1992 which define and impose reasonably available control technology to control volatile organic compound emissions from S. Bent & Brothers in Gardner, Massachusetts. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated August 26, 1992 submitting a revision to the Massachusetts State Implementation Plan. (B) Final Air Quality Approval RACT issued to S. Bent by the Massachusetts Department of Environmental Protection dated and effective May 22, 1992. (ii) Additional materials (A) Letter from the Massachusetts Department of Environmental Protection dated November 3, 1990 submitting a revision to the Massachusetts State Implementation Plan. (B) Final Air Quality Approval RACT issued to S. Bent by the Massachusetts Department of Environmental Protection dated and effective October 17, 1990. (C) Nonregulatory portions of the November 3, 1990 and August 26, 1992 state submittals. (100) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 19, 1993. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated July 19, 1993 submitting a revision to the Massachusetts State Implementation Plan. (B) Plan approval no. C–P–93–011, effective June 30, 1993, which contains emissions standards, operating conditions, and recordkeeping requirements applicable to Nichols & Stone Company in Gardner, Massachusetts. (ii) Additional materials. (A) Letter dated October 27, 1993 from Massachusetts Department of Environmental Protection submitting certification of a public hearing. (101) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 9, 1991. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated December 9, 1991 submitting a revision to the Massachusetts State Implementation Plan. (B) Massachusetts Regulation 310 CMR 7.36, entitled “Transit System Improvements”, Massachusetts Regulation 310 CMR 7.37, entitled “High Occupancy Vehicle Facilities”, and amendments to 310 CMR 7.00, entitled “Definitions,” effective in the Commonwealth of Massachusetts on December 6, 1991. (102) [Reserved] (103) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 15, 1993 and May 11, 1994, substituting the California Low Emission Vehicle program for the Clean Fuel Fleet program. (i) Incorporation by reference. (A) Letters from the Massachusetts Department of Environmental Protection dated November 15, 1993 and May 11, 1994, submitting a revision to the Massachusetts State Implementation Plan which substitutes the California Low Emission Vehicle program for the Clean Fuel Fleet program. (B) A regulation dated and effective January 31, 1992, entitled “U Low Emission Vehicle Program”, 310 CMR 7.40. (C) Additional definitions to 310 CMR 7.00 “Definitions” (dated and effective 1/31/92) to carry out the requirements set forth in 310 CMR 7.40. (ii) Additional materials. (A) Additional nonregulatory portions of the submittal. (104) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on March 31, 1994. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated March 31, 1994 submitting a revision to the Massachusetts State Implementation Plan. (B) Final Plan Approval No. 4P92012, dated and effective March 16, 1994 imposing reasonably available control technology on Brittany Dyeing and Finishing of New Bedford, Massachusetts. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (105) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 6, 1994. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated June 6, 1994 submitting a revision to the Massachusetts State Implementation Plan. (B) 310 CMR 7.02(12) “U Restricted Emission Status” effective in the Commonwealth of Massachusetts on February 25, 1994. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (106) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 28, 1990, September 30, 1992, and July 15, 1994. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection, dated June 28, 1990, submitting a revision to the Massachusetts State Implementation Plan. (B) Letter from the Massachusetts Department of Environmental Protection, dated September 30, 1992, submitting a revision to the Massachusetts State Implementation Plan. (C) Letter from the Massachusetts Department of Environmental Protection, dated July 15, 1994, submitting a revision to the Massachusetts State Implementation Plan. (D) Regulation 310 CMR 7.12 entitled “Inspection Certification Record Keeping and Reporting” which became effective on July 1, 1994. (ii) Additional materials. (A) Nonregulatory portions of submittal. (B) Letter from the Massachusetts Department of Environmental Protection, dated December 30, 1994, assuring EPA that the data elements noted in EPA's December 13, 1994 letter were being incorporated into the source registration forms used by Massachusetts emission statement program. (ii) Additional materials. (A) Nonregulatory portions of submittal. (107) Massachusetts submitted the Oxygenated Gasoline Program on October 29, 1993. This submittal satisfies the requirements of section 211(m) of the Clean Air Act, as amended. (i) Incorporation by reference. (A) Letter dated October 29, 1993 which included the oxygenated gasoline program, amendments to the Massachusetts Air Pollution Control Regulations, 310 CMR 7.00, with an effective date of March 1, 1994, requesting that the submittal be approved and adopted as part of Massachusetts' SIP. (ii) Additional materials. (A) The Technical Support Document for the Redesignation of the Boston Area as Attainment for Carbon Monoxide submitted on December 12, 1994. (108) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 9, 1995. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated January 9, 1995 submitting a revision to the Massachusetts State Implementation Plan. (B) The following portions of the Rules Governing the Control of Air Pollution for the Commonwealth of Massachusetts effective on November 18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best Available Controls for Consumer and Commercial Products. (109) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 9, 1995. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection, dated January 9, 1995, submitting a revision to the Massachusetts State Implementation Plan. (B) The following portions of the Rules Governing the Control of Air Pollution for the Commonwealth of Massachusetts effective on December 16, 1994: 310 Code of Massachusetts Regulations Section 7.18(28) Automotive Refinishing. (110) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on March 29, 1995. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated March 29, 1995 submitting a revision to the Massachusetts State Implementation Plan. (B) The following portions of the Rules Governing the Control of Air Pollution for the Commonwealth of Massachusetts effective on January 27, 1995: 310 Code of Massachusetts Regulations Section 7.18(29), Bakeries. (111) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 30, 1993. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated July 30, 1993 submitting a revision to the Massachusetts State Implementation Plan. (B) Massachusetts Air Pollution Control Regulation 310 CMR 7.33, entitled “City of Boston/South Boston Parking Freeze,” and the following amendments to 310 CMR 7.00, entitled “Definitions,” which consist of adding or amending four definitions; motor vehicle parking space; off-peak parking spaces; remote parking spaces; and restricted use parking, effective in the Commonwealth of Massachusetts on April 9, 1993. (112) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 9, 1994, and April 14, 1995, concerning emissions banking, trading, and averaging. (i) Incorporation by reference. (A) Letters from the Massachusetts Department of Environmental Protection dated February 9, 1994, and March 29, 1995, submitting revisions to the Massachusetts State Implementation Plan. (B) Regulations 310 CMR 7.00 Appendix B(1); 310 CMR 7.00 Appendix B(2); 310 CMR 7.00 Appendix B(3), except 310 CMR 7.00 Appendix B(3)(e)5.h; and, 310 CMR 7.00 Appendix B(5); effective on January 1, 1994. Also, regulations 310 CMR 7.00 Appendix B(4); 310 CMR 7.00 Appendix B(6); 310 CMR 7.18(2)(b); 310 CMR 7.19(2)(d); 310 CMR 7.19(2)(g); and, 310 CMR 7.19(14); effective on January 27, 1995. (ii) Additional materials. (A) Letter and attachments from the Massachusetts Department of Environmental Protection dated February 8, 1996, submitting supplemental information concerning the demonstration of balance between credit creation and credit use. (113) A revision to the Massachusetts SIP regarding ozone monitoring. The Commonwealth of Massachusetts will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The Commonwealth's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements. (i) Incorporation by reference. (A) Massachusetts PAMS Network Plan, which incorporates PAMS into the ambient air quality monitoring network of State or Local Air Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS). (ii) Additional material. (A) Letter from the Massachusetts Department of Environmental Protection dated December 30, 1993 submitting a revision to the Massachusetts State Implementation Plan. (114) The Commonwealth of Massachusetts' March 27, 1996 submittal for an enhanced motor vehicle inspection and maintenance (I/M) program, as amended on June 27, 1996 and July 29, 1996, and November 1, 1996, is conditionally approved based on certain contingencies, for an interim period to last eighteen months. If the Commonwealth fails to start its program according to schedule, or by November 15, 1997 at the latest, this conditional approval will convert to a disapproval after EPA sends a letter to the state. If the Commonwealth fails to satisfy the following conditions within 12 months of this rulemaking, this conditional approval will automatically convert to a disapproval as explained under section 110(k) of the Clean Air Act. (i) The conditions for approvability are as follows: (A) The time extension program as described and committed to in the March 3, 1997 letter from Massachusetts must be further defined and submitted to EPA as a SIP revision by no later than one year after the effective date of this interim approval. Another program which meets the requirements of 40 CFR 51.360 (Waivers and Compliance via Diagnostic Inspection) and provides for no more than a 1% waiver rate would also be approvable. (B) Other major deficiencies as described in the proposal must also be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard), §51.354 (Adequate Tools and Resources), §51.357 (Test Procedures and Standards), §51.359 (Quality Control), and §51.363 (Quality Assurance). The Commonwealth, committed in a letter dated March 3, 1997 to correct these deficiencies within one year of conditional interim approval by EPA. (ii) In addition to the above conditions for approval, the Commonwealth must correct several minor, or de minimus deficiencies related to CAA requirements for enhanced I/M. Although satisfaction of these deficiencies does not affect the conditional approval status of the Commonwealth's rulemaking granted under the authority of section 110 of the Clean Air Act, these deficiencies must be corrected in the final I/M SIP revision prior to the end of the 18-month interim period granted under the National Highway Safety Designation Act of 1995: (A) The SIP lacks a detailed description of the program evaluation element as required under 40 CFR 51.353; (B) The SIP lacks a detailed description of the test frequency and convenience element required under 40 CFR 51.355; (C) The SIP lacks a detailed description of the number and types of vehicles included in the program as required under 40 CFR 51.356; (D) The SIP lacks a detailed information concerning the enforcement process, and a commitment to a compliance rate to be maintained in practice required under 40 CFR 51.361. (E) The SIP lacks the details of the enforcement oversight program including quality control and quality assurance procedures to be used to insure the effective overall performance of the enforcement system as required under 40 CFR 51.362; (F) The SIP lacks a detailed description of procedures for enforcement against contractors, stations and inspectors as required under 40 CFR 51.364; (G) The SIP lacks a detailed description of data analysis and reporting provisions as required under 40 CFR 51.366; (H) The SIP lacks a public awareness plan as required by 40 CFR 51.368; and (I) The SIP lacks provisions for notifying motorists of required recalls prior to inspection of the vehicle as required by 40 CFR 51.370. (iii) EPA is also approving this SIP revision under section 110(k), for its strengthening effect on the plan. (115) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on October 17, 1997 and July 30, 1996. (i) Incorporation by reference. (A) 310 CMR 7.24(8) “Marine Volatile Organic Liquid Transfer” effective in the Commonwealth of Massachusetts on October 5, 1997. (B) Definition of “volatile organic compound” in 310 CMR 7.00 “Definitions” effective in the Commonwealth of Massachusetts on June 28, 1996. (C) Definition of “waterproofing sealer” in 310 CMR 7.25 “Best Available Controls for Consumer and Commercial Products” effective in the Commonwealth of Massachusetts on June 28, 1996. (ii) Additional materials (A) Nonregulatory portions of the submittal. (116) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 9, 2000, September 11, 2000 and July 25, 1995. (i) Incorporation by reference. (A) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the Commonwealth of Massachusetts on September 29, 2000. (B) 310 CMR 7.00 definitions of the following terms associated with 310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on September 29, 2000: “commence operation”; “emergency situation”; “executive order”; “Stage II system”; “substantial modification”; “vacuum assist system”; and “vapor balance system.” (C) 310 CMR 7.00 definitions of the following terms associated with 310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on June 30, 1995: “emergency motor vehicle;” and “tank truck.” (ii) Additional materials. (A) Nonregulatory portions of the submittal. (117) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 17, 1993. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated February 17, 1993 submitting a revision to the Massachusetts State Implementation Plan. (B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint spray booths; 310 CMR 7.18(2), Compliance with emission limitations; 310 CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17), Reasonable available control technology (as it applies to the Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission control plans for implementation of reasonably available control technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR 7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating; 310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26), Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR 7.24(3), Distribution of motor vehicle fuel all effective on February 12, 1993. (118) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 19, 1997. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated December 19, 1997 submitting a revision to the Massachusetts State Implementation Plan. (B) Regulation 310 CMR 7.27, NOX Allowance Program, effective on June 27, 1997. (ii) Additional materials. (A) Letter from the Massachusetts Department of Environmental Protection dated March 9, 1998 clarifying the program implementation process. (119) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 15, 1994, October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999. (i) Incorporation by reference. (A) Letters from the Massachusetts Department of Environmental Protection dated July 15, 1994, October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999 submitting revisions to the Massachusetts State Implementation Plan. (B) Regulation, 310 CMR 7.19, “Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOX)” as adopted by the Commonwealth of Massachusetts on June 29, 1994 and effective on July 1, 1994. (C) Emission Control Plan for Specialty Minerals, Incorporated, in Adams, issued by Massachusetts and effective on June 16, 1995. (D) Emission Control Plan for Monsanto Company's Indian Orchard facility in Springfield, issued by Massachusetts and effective on October 28, 1996. (E) Emission Control Plan for Turners Falls Limited Partnership/Indeck Energy Services Turners Falls, Inc., in Montague, issued by Massachusetts and effective on March 10, 1998. (F) Emission Control Plan for Medusa Minerals Company in Lee, issued by Massachusetts and effective on April 17, 1998. (G) Regulation 310 CMR 7.08(2), “Municipal Waste Combustors, adopted on July 24, 1998 and effective on August 21, 1998, excluding the following sections which were not submitted as part of the SIP revision: (a); the definition of “Material Separation Plan” in (c); (d)1; (d)2; (d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2; (g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4; (h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c; (i)2.d; (i)2.e; and (k)3. (H) Amendments to regulation 310 CMR 7.19, “Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOX)” as adopted by the Commonwealth of Massachusetts on January 5, 1999 and effective on January 22, 1999. (120) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 25, 1990. (i) Incorporation by reference. (A) 310 CMR 6.04, 7.00, and 8.02 and 8.03 (August 17, 1990). (121) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 11, 1995 and March 29, 1995. (i) Incorporation by reference. (A) Definitions of “combustion device,” “leak,” “leaking component,” “lightering or lightering operation,” “loading event,” “marine tank vessel,” “marine terminal,” “marine vessel,” “organic liquid,” and “recovery device” in 310 CMR 7.00 “Definitions” effective in the Commonwealth of Massachusetts on January 27, 1995. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (122) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on May 14, 1999, February 1, 2000 and March 15, 2000. (i) Incorporation by reference. (A) Regulation 310 CMR 60.02 entitled “Regulations for the Enhanced Motor Vehicle Inspection and Maintenance Program” which became effective on October 1, 1999, and a September 17, 1999, Notice of Correction submitted by the Secretary of State indicating the effective date of the regulations. (B) Sections 4.01, 4.02, 4.03, 4.04(1), (2), (3), (5), (15) 4.05(1), (2), (12)(d), (12)(e), (12)(o) 4.07, 4.08, and 4.09 of Regulation 540 CMR 4.00 entitled “Periodic Annual Staggered Safety and Combined Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers and Converter Dollies' which became effective on May 28, 1999.” (ii) Additional materials. (A) Letters from the Massachusetts Department of Environmental Protection dated May 14, 1999, February 1, 2000, and March 15, 2000, submitting a revision to the Massachusetts State Implementation Plan. (B) Test Procedures and Equipment Specifications submitted on February 1, 2000. (C) Acceptance Test Protocol submitted on March 15, 2000. (123) [Reserved] (124) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 19, 1999. (i) Incorporation by reference. (A) Amendments revising regulatory language in 310 CMR 7.19(13)(b), Continuous Emission Monitoring Systems, which became effective on December 10, 1999. (B) Amendments to 310 CMR 7.27, NOX Allowance Program, adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and 7.27(15)(e), which became effective December 10, 1999. (C) Regulations 310 CMR 7.28, NOX Allowance Trading Program, which became effective on December 10, 1999. (ii) Additional materials. (A) Letter from the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Department of Environmental Protection dated November 19, 1999, submitting amendment to SIP. (B) Background Document and Technical Support for Public Hearings on the Proposed Revisions to the State Implementation Plan for Ozone, July, 1999. (C) Supplemental Background Document and Technical Support for Public Hearings on Modifications to the July 1999 Proposal to Revise the State Implementation Plan for Ozone, September, 1999. (D) Table of Unit Allocations. (E) Letter from the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Department of Environmental Protection dated April 10, 2002. (F) The SIP narrative “Technical Support Document for Public Hearings on Revisions to the State Implementation Plan for Ozone for Massachusetts, Amendments to Statewide Projected Inventory for Nitrogen Oxides,” dated March 2002. (125)–(126) [Reserved] (127) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 15, 1994 and April 14, 1995. (i) Incorporation by reference. (A) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, “Emission Offsets and Nonattainment Review,” effective July 1, 1994. (B) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, “Emission Offsets and Nonattainment Review” paragraph (3)(g) effective July 1, 1994. (ii) Additional materials. (A) Letters from the Massachusetts Department of Environmental Protection dated July 15, 1994 and March 29, 1995 submitting revisions to the Massachusetts State Implementation Plan. (128) [Reserved] (129) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 17, 1993, April 16, 1999, and October 7, 1999. (i) Incorporation by reference. (A) 310 CMR 7.18(17) “Reasonable Available Control Technology,” as it applies to the eastern Massachusetts ozone nonattainment area, effective in the Commonwealth of Massachusetts on February 12, 1993. (B) Plan Approval issued by the Massachusetts Department of Environmental Protection to the Gillette Company Andover Manufacturing Plant on June 17, 1999. (C) Plan Approval issued by the Massachusetts Department of Environmental Protection to Norton Company on August 5, 1999 and letter from the Massachusetts Department of Environmental Protection, dated October 7, 1999, identifying the effective date of this plan approval. (D) Plan Approval issued by the Massachusetts Department of Environmental Protection to Rex Finishing Incorporated on May 10, 1991 and letter from the Massachusetts Department of Environmental Protection, dated April 16, 1999, identifying the effective date of this plan approval. (E) Plan Approval issued by the Massachusetts Department of Environmental Protection to Barnet Corporation on May 14, 1991. (ii) Additional materials. (A) Letter from the Massachusetts Department of Environmental Protection, dated April 16, 1999, submitting negative declarations for certain VOC source categories. (B) Letter from the Massachusetts Department of Environmental Protection, dated July 24, 2002, discussing wood furniture manufacturing and aerospace coating requirements in Massachusetts. (C) 310 CMR 7.02 BACT plan approvals issued by the Massachusetts Department of Environmental Protection to Solutia, Saloom Furniture, Eureka Manufacturing, Moduform, Polaroid, and Globe. (130) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 8, 2000 and December 26, 2000. (i) Incorporation by reference. (A) Massachusetts State Regulation 310 CMR 7.30 “Massport/Logan Airport Parking Freeze,” effective in the Commonwealth of Massachusetts on December 22, 2000. (B) Massachusetts State Regulation 310 CMR 7.31 “City of Boston/East Boston Parking Freeze,” effective in the Commonwealth of Massachusetts on December 22, 2000. (ii) Additional materials. (A) Letter from the Massachusetts Department of Environmental Protection dated December 8, 2000 submitting a revision to the Massachusetts State Implementation Plan. (B) Letter from the Massachusetts Department of Environmental Protection dated December 26, 2000 submitting the final state certified copies of State regulations 310 CMR 7.30 “Massport/Logan Airport Parking Freeze” and 310 CMR 7.31 “City of Boston/East Boston Parking Freeze.” (131) [Reserved] (132) Revisions to the State Implementation Plan regarding the Low Emission Vehicle Program submitted by the Massachusetts Department of Environmental Protection on August 9 and August 26, 2002. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated August 9, 2002, in which it submitted the Low Emission Vehicle Program adopted on December 24, 1999. (B) Letter from the Massachusetts Department of Environmental Protection dated August 26, 2002 which clarified the August 9, 2002 submittal to exclude certain sections of the Low Emission Vehicle Program from consideration. (C) December 24, 1999 version of 310 CMR 7.40, the “Low Emission Vehicle Program” except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6, 310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12). [37 FR 10871, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1120, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1121 Classification of regions. top The Massachusetts plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Metropolitan Boston Intrastate............................ I I III I I Merrimack Valley-Southern New Hampshire Interstate........ I I III III III Metropolitan Providence Interstate........................ I I III III III Central Massachusetts Intrastate.......................... I II III III III Hartford-New Haven-Springfield Interstate................. I I III I I Berkshire Intrastate...................................... II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10872, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 61303, Sept. 16, 1980] § 52.1122 [Reserved] top § 52.1123 Approval status. top (a) With the exceptions set forth in this subpart the Administrator approves the Massachusetts plan as identified in §52.1120 for attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan identified in §52.1120 satisfies all requirements of Part D, Title I of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D of the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sourceovered by CTGs issued by the previous January. (b) The above requirements for continued satisfaction of Part D are fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative commitment to review CTG IIIs issued in the future. Both were submitted on September 9, 1982. Additionally, each individual RACT determination made under 310 CMR 7.18(17) will be submitted as a SIP revision to incorporate the limitation into the SIP, and DEQE will propose regulations for CTG III category controls if the controls are appropriate for the State. [45 FR 61303, Sept. 16, 1980, as amended at 48 FR 51485, Nov. 9, 1983] § 52.1124 Review of new sources and modifications. top (a) Revisions to Regulation 310 CMR 7.02(2)(d) submitted on March 30, 1979 are disapproved because they do not satisfy the requirements of §51.161. [39 FR 7281, Feb. 25, 1974, as amended at 40 FR 47495, Oct. 9, 1975; 45 FR 2043, Jan. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33923, June 29, 1995] § 52.1125 Emission inventories. top (a) The Governor's designee for the Commonwealth of Massachusetts submitted the 1990 base year emission inventories for the Springfield nonattainment area and the Massachusetts portion of the Boston-Lawrence-Worcester ozone nonattainment area on November 13, 1992 as a revision to the State Implementation Plan (SIP). Revisions to the inventories were submitted on November 15, 1993, and November 15, 1994, and March 31, 1997. The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for these areas. (b) The inventories are for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventories covers point, area, non-road mobile, on-road mobile, and biogenic sources. (c) Taken together, the Springfield nonattainment area and the Massachusetts portion of the Boston-Lawrence-Worcester nonattainment area encompass the entire geographic area of the State. Both areas are classified as serious ozone nonattainment areas. [62 FR 37514, July 14, 1997] § 52.1126 Control strategy: Sulfur oxides. top (a) The revisions to the control strategy resulting from the modification to the emission limitations applicable to the sources listed below or resulting from the change in the compliance date for such sources with the applicable emission limitation is hereby approved. All regulations cited are air pollution control regulations of the State, unless otherwise noted. (See §52.1125 for compliance schedule approvals and disapprovals pertaining to one or more of the sources listed below.) ---------------------------------------------------------------------------------------------------------------- Regulation Source Location involved Date of adoption ---------------------------------------------------------------------------------------------------------------- Deerfield Specialty Papers, Inc.......... Monroe Bridge............... 5.1.2 Oct. 17, 1972. Hollingsworth & Vose Co.............. East Walpole................ 5.1.2 June 29, 1972. Pepperell Paper Co....................... Pepperell................... 5.1.2 Nov. 29, 1972. Stevens Paper Mills, Inc................. Westfield and South Hadley.. 5.1.2 July 27, 1972. Tileston and Hollingsworth Co............ Hyde Park................... 5.1.1 Nov. 21, 1972. All sources in Berkshire APCD............ ............................ 5.1.2 Do. ---------------------------------------------------------------------------------------------------------------- (b)(1) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) for the Pioneer Valley Air Pollution Control District, which allows a relaxation of sulfur in fuel limitations under certain conditions, is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulate that sources are required to burn residual fuel oil having a sulfur content not in excess of 0.55 pounds per million Btu heat release potential (approximately equivalent to 1 percent sulfur content.) Deerfield Specialty Paper Company, Monroe Bridge; Amherst College, Amherst; Brown Company, Holyoke; Monsanto Polymer and Petrochemical Company, Building 21, Springfield; Monsanto Polymer and Petrochemical Company, Building 49, Springfield; Mount Holyoke College, South Hadley; Uniroyal Tire Inc., Chicopee; Smith College, Northampton; West Springfield Generating Station, Western Massachusetts Electric, West Springfield. Pioneer Valley APCD Belchertown State School, Belchertown James River Graphics (formerly Scott Graphics), south Hadley (conditioned upon operation of the boilers on only one of the two stacks at any given time, and operation being so restricted in the source's operating permit granted by the Massachusetts Department of Environmental Quality Engineering.) Massachusetts Mutual Life Insurance Company, Springfield. Northampton State Hospital, Northampton. Springfield Technical Community College, Springfield. Stanley Home Products, Easthampton. Stevens Elastomeric Industries, Easthampton. Ware Industries, Ware. Westfield State College, Westfield. Westover Air Force Base (Building 1411), Chicopee. University of Massachusetts, Amherst. Mount Tom Generating Station, Holyoke. (2) Massachusetts Regulation 310 CMR 7.05(1)(e)(3) for Pioneer Valley, as submitted on March 2, 1979, and May 5, 1981, which allows sources in Hampshire and Franklin Counties rated at less than 100 million Btu per hour heat input capacity to burn fuel oil having a sulfur content of not more than 1.21 pounds per million Btu heat release potential (approximately equivalent to 2.2% sulfur content) is approved for all such sources with the exception of: Strathmore Paper Co., Montague. (c) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) which allows a relaxation of sulfur in fuel limitations for the Central Massachusetts Air Pollution Control District, except in the City of Worcester, is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulate that sources are required to burn residual fuel oil having a sulfur content not in excess of 0.55 pounds per million BTU heat release potential (approximately equivalent to 1 percent sulfur content fuel oil). American Optical Company, Southbridge, Wyman Gordon Company, Grafton, James River—Massachusetts Inc., Fitchburg, Fitchburg Paper Company, Fitchburg (only boilers which emit through the 55 meter stack). Central Massachusetts APCD Borden, Inc., Chemical Division, Leominster (conditioned upon first completing construction of new stack and certification of completion to the EPA by the Massachusetts Department of Environmental Quality Engineering.). Gardner State Hospital, Gardner. Grafton State Hospital, Grafton. Haywood-Shuster Woolen, E. Douglas. Cranston Prints Works, Webster. Baldwinville products, Templeton—(conditioned upon first completing construction of new stack, and certification of completion to the EPA by the Massachusetts Department of Environmental Quality Engineering.). (d) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) for the Southeastern Massachusetts Air Pollution Control District, which allows a relaxation of sulfur in fuel limitations under certain conditions is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulate that sources are required to burn residual fuel oil having a sulfur content not in excess of 0.55 pounds per million Btu heat release potential (approximately equivalent to 1 percent sulfur content.) New England Power Company, Brayton Point Station, Somerset; Montaup Electric Company, Somerset Station, Somerset (limited to 75% capacity while burning higher sulfur fuels.) Canal Electric Company, Sandwich; Taunton Municipal Lighting Plant, Somerset Avenue, Taunton. Southeastern Massachusetts APCD L&O Realty Trust, Taunton. New Bedford Gas and Electric, New Bedford. Texas Instruments, Attleboro. Arkwright Finishing Incorporated, Fall River. Foster Forbes Glass Company, Milford. Owens Illinois Inc., Mansfield. Harodite Finishing Corporation, Dighton—(conditioned upon prior removal of rain-caps from stack, and certification of completion to the EPA by the Massachusetts Department of Environmental Quality Engineering.) Polaroid Corporation, New Bedford. (e) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) for the Merrimack Valley Air Pollution Control District, excluding the City of Lawrence and the towns of Andover, Methuen, and North Andover, which allows a relaxation of sulfur in fuel limitations under certain conditions, is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulates that sources are required to burn residual fuel oil having a sulfur content not in excess of 0.55 pounds per million Btu heat release potential (approximately equivalent to 1 percent sulfur content). Hollingsworth and Vose, West Groton; James River Paper, Pepperell; Haverhill Paperboard Corp., Haverhill. Residual oil burning facilities less than 100 million Btu's per hour heat input capacity, except in the City of Lawrence, and Towns of Andover, Methuen, and North Andover. (f) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) for the Metropolitan Boston Air Pollution Control District, which allows a relaxation of sulfur in fuel limitations under certain conditions, is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulate that sources in Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Newton, Somerville, Waltham, and Watertown (the Boston Core Area) are limited to burn fuel with a sulfur content not in excess of 0.28 pounds per million Btu heat release potential (approximately 0.5% sulfur content residual oil; sources in the remaining APCD are limited to burn fuel with a sulfur content not in excess of 0.55 pounds per million Btu heat release potential (approximately 1% sulfur content residual oil). Metropolitan Boston APCD General Motors, Framingham. Polaroid Corporation, Norwood. Bird and Son, East Walpole. Massachusetts Correctional Institute, South Walpole. Bridgewater State College, Bridgewater. Hanscom Field, Bedford. Wellesley College, Wellesley. National Tanning and Trading, Peabody. General Tire, Reading. General Food Corporation, Atlantic Gelatin, Woburn. Massachusetts Correctional Institute, Bridgewater. W. R. Grace, Acton. Massachusetts Correctional Institute, Concord. Danvers State Hospital, Danvers. New England Power Company, Salem Harbor Station, Salem; Boston Edison, L Street, New Boston Station, Boston; Boston Edison, Mystic Station, Everett; Ventron Corporation, Danvers; General Electric, Lynn River Works, Lynn; U.S.M. Corporation, Beverly; Medfield State Hospital, Medfield; General Dynamics, Quincy; Hollingsworth and Vose, East Walpole; Kendal Company, Walpole; Dennison Manufacturing Company, Framingham. Procter and Gamble Company, Quincy. Natick Paperboard Corporation, Natick. [38 FR 9089, Apr. 10, 1973] Editorial Note: For Federal Register citations affecting §52.1126, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1127 Attainment dates for national standards. top The following table presents the latest dates by which the national standards are to be attained. The table reflects the new information presented in the approved Massachusetts plan. ------------------------------------------------------------------------ Pollutant ------------------------------------------ Air quality control region SO 2 ---------------------- PM NO CO O 3 Primary Secondary 10 2 ------------------------------------------------------------------------ AQCR 42: Hartford-New Haven- (a) (b) (a) (a) (a) (c) Springfield Interstate Area (See 40 CFR 81.26). AQCR 117: Berkshire Intrastat (a) (b) (a) (a) (a) (c) Area (See 40 CFR 81.141). AQCR 118: Central Mass (a) (b) (a) (a) (a) (d) Intrastate Area (See 4r0 CFR 81.142). AQCR 119: Metropolitan Boston (a) (b) (a) (a) (a) (d) Intrastate Area (See 40 CFR 81.19). AQCR 120: Metropolitan (a) (b) (a) (a) (a) (d) Providence Interstate Area (See 40 CFR 81.31). AQCR 121: Merrimack Valley- (a) (b) (a) (a) (a) (d) Southern NH Interstate Area (See 40 CFR 81.81). ------------------------------------------------------------------------ a. Air quality presently below primary standards or area is unclassifiabale. b. Air quality levels presently secondary standatrds or area is unclassifiable. c. December 31, 2003. d. November 15, 2007. [45 FR 61303, Sept. 16, 1980 as amended at 46 FR 33524, June 30, 1981; 66 FR 693, Jan. 3, 2001; 67 FR 7278, Feb. 19, 2002; 67 FR 72579, Dec. 6, 2002] § 52.1128 Transportation and land use controls. top (a) For purposes of this subpart, the definitions herein are applicable. (b) Definitions: (1) Register as applied to a motor vehicle, means the licensing of such motor vehicle for general operation on public roads or highways by the appropriate agency of the Federal Government or by the Commonwealth. (2) Boston Intrastate Region means the Metropolitan Boston Intrastate Air Quality Control Region, as defined in §81.19 of this part. (3) [Reserved] (4) Freeze area means that portion of the Boston Intrastate Region enclosed within the following boundaries: The City of Cambridge; that portion of the City of Boston from the Charles River and the Boston Inner Harbor on north and northeast of pier 4 on Northern Avenue; by the east side of pier 4 to B Street, B Street extension of B Street to B Street, B Street, Dorchester Avenue, and the Preble Street to Old Colony Avenue, then east to the water, then by the water's edge around Columbia Point on various courses generally easterly, southerly, and westerly to the center of the bridge on Morrissey Boulevard, on the east and southeast; then due west to Freeport Street, Freeport Street, Dorchester Avenue, Southeast Expressway, Southampton Street, Reading Street, Island Street, Chadwick Street, Carlow Street, Albany Street, Hunneman Street, Madison Street, Windsor Street, Cabot Street, Ruggles Street, Parker Street, Ward Street, Huntington Avenue, Brookline-Boston municipal boundary, Mountford Street to the Boston University Bridge on the southwest and west; and the Logan International Airport. Where a street or roadway forms a boundary the entire right-of-way of the street is within the freeze area as defined. (5) Boston proper means that portion of the City of Boston, Massachusetts, contained within the following boundaries: The Charles River and Boston Inner Harbor on the northwest, north, and northeast, the Inner Harbor, Fort Point Channel, Fitzgerald Expressway, and the Massachusetts Avenue Expressway access branch on the east and southeast, and Massachusetts Avenue on the west. Where a street or roadway forms a boundary, the entire right-of-way of the street is within the Boston proper area as here defined. (6) Regional Administrator means the Administrator of Region I of the U.S. Environmental Protection Agency. (7) Governor means the Governor of the Commonwealth or the head of such executive office of the Commonwealth as the Governor shall designate as responsible for carrying out specific provisions of this subpart. (8) Commonwealth means the Commonwealth of Massachusetts. [40 FR 25161, June 12, 1975] § 52.1129 Control strategy: Ozone. top (a) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on April 1, 1999, and supplemented on June 25, 1999 and September 9, 1999. The revisions are for the purpose of satisfying the rate of progress requirements of sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act for the Springfield, Massachusetts serious ozone nonattainment area. (b) Approval—Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 27, 1998, October 1, 1998 and August 13, 1999. The revisions are for the purpose of satisfying the attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act, for the Springfield (Western Massachusetts) serious ozone nonattainment area. The revision establishes an attainment date of December 31, 2003 for the Springfield, Massachusetts serious ozone nonattainment area. This revision establishes motor vehicle emissions budgets for 2003 of 23.77 tons per day of volatile organic compounds (VOC) and 49.11 tons per day of nitrogen oxides ( NOX) to be used in transportation conformity in the Springfield, Massachusetts serious ozone nonattainment area. (c) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on April 10, 2002 and amended on July 26, 2002. The revisions are for the purpose of satisfying the rate of progress requirements of sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act for the Massachusetts portion of the Boston-Lawrence-Worcester serious ozone nonattainment area. (d) Approval—Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental protection on July 27, 1998, and September 6, 2002. The revisions are for the purpose of satisfying the one-hour ozone attainment demonstration requirements of section 182(c)92)(A) pof the Clean Air Act, for the Boston-Lawrence-Worcester, MA-NH serious ozone nonattiainment area. The revision establishes a one-hour attainment date of November 15, 2007l, for the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This revision establishes motor vehicle emissions budgets for 2007 of 86.7 tons per day of volatile organic compounds and 226.363 tons per day of nitrogen oxides to be used in transportation conformity in the Massachusets portion of the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. [65 FR 68898, Nov. 15, 2000, as amended at 66 FR 693, Jan. 3, 2001; 67 FR 55125, Aug. 28, 2002; 67 FR 72579, Dec. 6, 2002] § 52.1130 [Reserved] top § 52.1131 Control strategy: Particulate matter. top (a) Revisions to the following regulations submitted on March 30, 1979 are disapproved: (1) Regulation 310 CMR 7.02(8), Table 2, new facilities greater than 250 million Btu/hr input burning solid fuel. (2) Regulation 310 CMR 7.02(9), Table 5. [45 FR 2044, Jan. 10, 1980] § 52.1132 Control strategy: Carbon Monoxide. top (a) Approval—On November 13, 1992, the Massachusetts Department of Environmental Protection submitted a revision to the carbon monoxide State Implementation Plan for the 1990 base year emission inventory. The inventory was submitted by the State of Massachusetts to satisfy Federal requirements under section 182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the carbon monoxide State Implementation Plan. (b) Approval—On December 12, 1994, the Massachusetts Department of Environmental Protection submitted a request to redesignate the Boston Area carbon monoxide nonattainment area to attainment for carbon monoxide. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a base year (1993 attainment year) emission inventory for carbon monoxide, a demonstration of maintenance of the carbon monoxide NAAQS with projected emission inventories to the year 2010 for carbon monoxide, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the carbon monoxide NAAQS (which must be confirmed by the State), Massachusetts will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. The menu of contingency measures includes an enhanced motor vehicle inspection and maintenance program and implementation of the oxygenated fuels program. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Massachusetts Carbon Monoxide State Implementation Plan for the above mentioned area. (c) Approval—On May 25, 2001, the Massachusetts Department of Environmental Protection submitted a revision to the carbon monoxide State Implementation Plan for the 1996 base year emission inventory. The inventory was submitted by the State of Massachusetts to satisfy Federal requirements under section 172(c) of the Clean Air Act as amended in 1990, as a revision to the carbon monoxide State Implementation Plan. (d) Approval—On May 25, 2001, the Massachusetts Department of Environmental Protection (MADEP) submitted a request to redesignate the cities of Lowell, Springfield, Waltham, and Worcester from nonattainment area to attainment for carbon monoxide. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a 1996 emission inventory for carbon monoxide, a demonstration of maintenance of the carbon monoxide NAAQS with projected emission inventories to the year 2012 for carbon monoxide, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If an area records an exceedance or violation of the carbon monoxide NAAQS (which must be confirmed by the MADEP), Massachusetts will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. [61 FR 2923, Jan. 30, 1996, as amended at 67 FR 7278, Feb. 19, 2002] § 52.1133 [Reserved] top § 52.1134 Regulation limiting on-street parking by commuters. top (a) On-street parking means parking a motor vehicle on any street, highway, or roadway, except for legal stops within designated loading zones or areas defined for loading purposes, at or before intersections, as caution, safety and emergencies require, whether or not a person remains in the vehicle. (b) Commencing on or before June 30, 1974, the Commonwealth, the City of Boston, the City of Cambridge, and administrative bodies of any of them having jurisdiction over any streets, highways, or roadways within the City of Cambridge or Boston proper, and the principal officials and administrative bodies thereof having responsibility over parking on such streets, highways, or roadways, shall adopt all necessary administrative and enforcement procedures and regulations to effect a prohibition of on-street parking within Boston proper between the hours of 7 a.m. and 9:30 a.m., and within the City of Cambridge between the hours of 7 a.m. and 10 a.m., except Saturdays, Sundays and legal holidays. The regulations shall state that violation of the prohibition shall be punishable by a fine of not less than $15. The City of Boston shall at a minimum eliminate 50 percent of on-street parking during the hours specified by January 1, 1976; 66 2/3 percent by September 1, 1976; and 100 percent by March 1, 1977. The City of Cambridge shall at a minimum eliminate 33 1/3 percent of on-street parking during the hours specified by September 30, 1974; 66 2/3 percent by July 1, 1975; and 100 percent by March 1, 1977. Any other affected entity shall at a minimum eliminate 33 1/3 percent of such parking during the hours of 7 a.m. to 10 a.m. by January 1, 1976; 66 2/3 percent by September 1, 1976, and 100 percent by March 1, 1977. (c) The following classes of vehicles shall be exempt from the requirements of this section, provided that on-street parking by such vehicles is in compliance with local and state regulations: (1) Vehicles owned by residents of that portion of Boston included within Boston proper that are registered in Boston and display a resident parking sticker for that area issued by the City of Boston; (2) Vehicles owned by residents of Cambridge that are registered in and parked within Cambridge and display an appropriate parking sticker issued by the City of Cambridge; (3) Vehicles owned and operated by handicapped persons with HP license plates; and (4) Vehicles registered as “commercial vehicles” by the Commonwealth and displaying appropriate license plates. (d) On or before June 30, 1974, no owner or operator of a motor vehicle shall park, or permit the on-street parking of, said vehicle within Cambridge or Boston proper except in conformity with the provisions of this section and the measures implementing it. (e) The Governor and the chief executive of any other governmental entity on which obligations are imposed by paragraph (b) of this section should, on or before April 15, 1974, submit to the Regional Administrator for his approval a detailed statement of the legal and administrative steps selected to effect the prohibition provided for in paragraphs (b) and (d) of this section, and a schedule of implementation consistent with the requirements of this section. Such schedule shall include as a minimum the following: (1) Designation of one or more agencies responsible for the administration and enforcement of the program; (2) The procedures by which the designated agency will enforce the prohibition provided for in paragraphs (b) and (d) of this section; (3) The procedures by which vehicles exempt from the requirements of this section will be marked; and (4) A map showing which streets will be subject to the ban according to the schedule of implementation. (f) Upon a finding that substantial hardship would otherwise be experienced by employees of employment facilities located in Cambridge, the Director of Traffic and Parking of the City of Cambridge may issue special parking stickers to such employees which shall entitle vehicles to park during the hours of the ban. Such stickers shall be valid only for those streets and areas of streets clearly identified on the face of such stickers, shall be issued with preference being given to carpools and vanpools and shall be subject to immediate revocation if the vehicle is cited for a parking violation on a street or area other than those designated. A list of all persons receiving such stickers shall be sent to the Regional Administrator on or before July 1 of each year. (g) The ban shall not apply to any street space which is subject to metered parking with a maximum allowable time limit of one hour. [40 FR 25162, June 12, 1975] § 52.1135 Regulation for parking freeze. top (a) Definitions: (1) The phrase to commence construction means to engage in a continuous program of on-site construction including site clearance, grading, dredging, or land filling specifically designed for a parking facility in preparation for the fabrication, erection, or installation of the building components of the facility. For the purpose of this paragraph, interruptions resulting from acts of God, strikes, litigation, or other matters beyond the control of the owner shall be disregarded in determining whether a construction or modification program is continuous. (2) The phrase to commence modification means to engage in a continuous program of on-site modification including site clearance, grading, dredging, or land filling in preparation for a specific modification of the parking facility. (3) The phrase commercial parking space means a space used for parking a vehicle in a commercial parking facility. (4) [Reserved] (5) Commercial parking facility (also called facility) means any lot, garage, building or structure, or combination or portion thereof, on or in which motor vehicles are temporarily parked for a fee, excluding (i) a parking facility, the use of which is limited exclusively to residents (and guests of residents) of a residential building or group of buildings under common control, and (ii) parking on public streets. (6) Freeze means to maintain at all times after October 15, 1973, the total quantity of commercial parking spaces available for use at the same amounts as were available for use prior to said date; Provided, That such quantity may be increased by spaces the construction of which commenced prior to October 15, 1973, or as specifically permitted by paragraphs (n), (p) and (q) of this section; provided further that such additional spaces do not result in an increase of more than 10 percent in the total commercial parking spaces available for use on October 15, 1973, in any municipality within the freeze area or at Logan International Airport (“Logan Airport”). For purposes of the last clause of the previous sentence, the 10 percent limit shall apply to each municipality and Logan Airport separately. (b) [Reserved] (c) There is hereby established a freeze, as defined by paragraph (a)(6) of this section, on the availability of commercial parking facilities in the freeze area effective October 15, 1973. In the event construction in any municipality, commenced prior to October 15, 1973, results in a number of spaces which exceeds the 10 percent limit prescribed by paragraph (a)(6) of this section, then the Governor shall immediately take all necessary steps to assure that the available commercial spaces within such municipality shall be reduced to comply with the freeze. In the event that such limit is exceeded at Logan Airport, then the provisions of paragraph (m) of this section shall apply. (d) [Reserved] (e) After August 15, 1973, no person shall commence construction of any commercial parking facility or modification of any such existing facility in the freeze area unless and until he has obtained from the Governor or from an agency approved by the Governor a permit stating that construction or modification of such facility will be in compliance with the parking freeze established by paragraph (c) of this section. This paragraph shall not apply to any proposed parking facility for which a general construction contract was finally executed by all appropriate parties on or before August 15, 1973. (f) The Governor shall notify the Regional Administrator in writing within 10 days of approval of any agency pursuant to paragraph (e) of this section. In order for any agency to be approved by the Governor for purposes of issuing permits pursuant to paragraph (e) of this section, such agency shall demonstrate to the satisfaction of the Governor that: (1) Requirements for permit application and issuance have been established. Such requirements shall include but not be limited to a condition that before a permit may be issued the following findings of fact or factually supported projections must be made: (i) The location of the facility; and (ii) The total motor vehicle capacity before and after the proposed construction or modification of the facility. (2) Criteria for issuance of permits have been established and published. Such criteria shall include, but not be limited to: (i) Full consideration of all facts contained in the application. (ii) Provisions that no permit will be issued if construction or modification of the facility will not comply with the requirements of paragraph (c) of this section. (3) Agency procedures provide that no permit for the construction or modification of a facility covered by this section shall be issued without notice and opportunity for public hearing. The public hearing may be of a legislative type; the notice shall conform to the requirements of 40 CFR 51.4(b); and the agency rules or procedures may provide that if no notice of intent to participate in the hearing is received from any member of the public (other than the applicant) prior to 7 days before the scheduled hearing date, no hearing need be held. If notice of intent to participate is required, the fact shall be noted prominently in the required hearing notice. (g)–(l) [Reserved] (m) On or before January 30, 1975, the Massachusetts Port Authority (“Massport”) shall prepare and submit to the Governor for his approval a plan showing the manner in which the number of commercial parking spaces at Logan Airport which exceeds the number of such spaces permitted under the freeze shall be removed from use. The Governor shall approve such plan if he determines that (1) implementation of such plan would result in reducing the aggregate number of commercial parking spaces to the level of such spaces permitted by this section, (2) Massport has adequate legal authority to implement such plan and (3) adequate commitments have been made by Massport to assure the Governor that such plan will be fully implemented and maintained on and after May 1, 1976. In the event that the Governor does not approve such plan by April 1, 1976, then the owner or operator of each commercial parking facility located at Logan Airport shall, on or before July 1, 1976, reduce the number of commercial parking spaces available for use at each such facility by an amount which bears the same proportion to the number of spaces exceeding the limit imposed by this section as the number of spaces available at such facility bears the total number of such spaces which were available for use at Logan Airport on April 1, 1976. (n) Where an agency approved by the Governor under paragraph (e) of this section to issue permits for new construction in the City of Cambridge demonstrates to the satisfaction of the Governor that (1) specific on-street parking spaces in use as of October 15, 1973, were being legally and regularly used as of such date for parking by commuters (as that term is defined in §52.1161(a)(6)) who are not residents of Cambridge and that (2) effective measures have been implemented (including adequate enforcement) to prevent such spaces from being used by such commuters, then such approved agency may issue permits for construction of additional new commercial parking spaces equal to one-half of the number of spaces removed from regular use by such commuters and the total quantity of commercial parking spaces allowable in Cambridge under this section shall be raised accordingly. (o) On or before July 31, 1976, and on or before each succeeding July 31, the Governor and the chief executive officer of any agency approved by the Governor under paragraph (e) of this section shall submit a report to the Regional Administrator setting forth: (1) The names and addresses of all persons who received permits during the previous twelve-month period ending June 30 and number of spaces allocated to each such person; (2) The number of commercial parking spaces available for use as of the June 30 prior to the date of the report; (3) The number of commercial parking spaces which remain available for allocation by the Governor or such agency as of the June 30 prior to the date of the report, including those spaces made available because of retirement of existing commercial parking spaces as well as those spaces made available because of the effects of paragraphs (n), (p) and (q) of this section; and (4) The location and capacity of any park-and-ride facility designated under paragraph (p) of this section. (p) The Governor and any approved agency may issue a permit to construct a commercial parking facility which is designated by the Governor as a park-and-ride facility to be operated in conjunction with mass transit service without regard to the limitations on number of spaces imposed by this section. (q) Where an agency approved by the Governor can demonstrate to the satisfaction of the Governor that there have been physically eliminated through permanent modification or demolition any legal on-street parking spaces within a municipality then such agency may issue permits for construction within that municipality of additional new commercial parking spaces equal to the number of spaces thus eliminated and the total quantity of commercial parking spaces allowable for such municipality under this section shall be increased accordingly. (r) The provisions of this regulation shall cease to be effective as to that portion of the freeze area lying within the City of Boston and not included within Boston proper or Logan Airport at such time as the City of Boston implements a program, approved by the Governor, which shall include effective measures to control the construction of additional commercial parking spaces within that area, including procedures for issuance of conditional use permits under applicable zoning regulations and for assuring compliance with all air quality requirements under state and Federal law. [40 FR 25162, June 12, 1975, as amended at 40 FR 39863, Aug. 29, 1975] §§ 52.1136-52.1144 [Reserved] top § 52.1145 Regulation on organic solvent use. top (a) Definitions: (1) Organic solvents include diluents and thinners and are defined as organic materials which are liquids at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents, except that such materials which exhibit a boiling point higher than 220 °F. at 0.5 millimeters of mercury absolute pressure or having an equivalent vapor pressure shall not be considered to be solvents unless exposed to temperatures exceeding 220 °F. (2) Solvent of high photochemical reactivity means any solvent with an aggregate of more than 20 percent of its total volume composed of the chemical compounds classified below or which exceeds any of the following individual percentage composition limitations in reference to the total volume of solvent: (i) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones having an olefinic or cycloolefinic type of unsaturation: 5 percent; (ii) A combination of aromatic compounds with eight or more carbon atoms to the molecule except ethylbenzene: 8 percent; (iii) A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichloroethylene or toluene: 20 percent. Whenever any organic solvent or any constituent of an organic solvent may be classified from its chemical structure into more than one of the above groups of organic compounds, it shall be considered as a member of the most reactive chemical group, that is, that group having the least allowable percentage of total volume of solvents. (3) Organic materials are chemical compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates, and ammonium carbonate. (b) This section is applicable throughout the Boston Intrastate Region. The requirements of this section shall be in effect in accordance with §52.1147. (c) No person shall cause, allow, suffer, or permit the discharge into the atmosphere of more than 15 pounds of organic materials in any 1 day, nor more than 3 pounds of organic materials in any 1 hour, from any article, machine, equipment, or other contrivance, in which any organic solvent or any material containing organic solvent comes into contact with flame or is baked, heat-cured, or heat-polymerized, in the presence of oxygen, unless said discharge has been reduced as a result of the installation of abatement controls by at least 85 percent. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing a continuous web, strip, or wire that emit organic materials and use operations described in this section shall be collectively subject to compliance with this section. (d) No person shall cause, suffer, allow, or permit the discharge into the atmosphere of more than 40 pounds of organic materials in any 1 day, nor more than 8 pounds in any 1 hour, from any article, machine, equipment, or other contrivance used under conditions other than described in paragraph (c) of this section for employing, or applying any solvent of high photochemical reactivity or material containing such photochemically reactive solvent, unless said discharge has been reduced as a result of the installation of abatement controls by at least 85 percent. Emissions of organic materials into the atmosphere resulting from air or heated drying of products for the first 12 hours after their removal from any article, machine, equipment or other contrivance described in this section shall be included in determining compliance with this section. Emissions resulting from baking, heat-curing, or heat-polymerizing as described in paragraph (c) of this section shall be excluded from determination of compliance with this section. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing a continuous web, strip, or wire that emit organic materials and use operations described in this section shall be collectively subject to compliance with this section. (e) Emissions of organic materials to the atmosphere from the clean-up with a solvent of high photochemical reactivity, or any article, machine, equipment, or other contrivance described in paragraph (c) or (d) of this section or in this paragraph, shall be included with the other emissions of organic materials from that article, machine, equipment or other contrivance for determining compliance with this section. (f) No person shall cause, suffer, allow, or permit during any one day disposal of a total of more than 1.5 gallons of any solvent of high photochemical reactivity, or of any material containing more than 1.5 gallons of any such photochemically reactive solvent by any means that will permit the evaporation of such solvent into the atmosphere. (g) Emissions of organic materials into the atmosphere required to be controlled by paragraph (c) or (d) of this section shall be reduced by: (1) Incineration, provided that 90 percent or more of the carbon in the organic material being incinerated is converted to carbon dioxide, or (2) Adsorption, or (3) The use of other abatement control equipment determined by the Regional Administrator to be no less effective than either of the above methods. (h) A person incinerating, adsorbing, or otherwise processing organic materials pursuant to this section shall provide, properly install and maintain in calibration, in good working order, and in operation, devices as specified in the authority to construct, or as specified by the Regional Administrator, for indicating temperatures, pressures, rates of flow, or other operating conditions necessary to determine the degree and effectiveness of air pollution control. (i) Any person using organic solvents or any materials containing organic solvents shall supply the Regional Administrator upon request and in the manner and form prescribed by him, written evidence of the chemical composition, physical properties, and amount consumed for each organic solvent used. (j) The provisions of this rule shall not apply to: (1) The manufacture of organic solvents, or the transport or storage of organic solvents or materials containing organic solvents. (2) The spraying or other use of insecticides, pesticides, or herbicides. (3) The employment, application, evaporation, or drying of saturated halogenated hydrocarbons or perchloroethylene. (4) The use of any material, in any article, machine, equipment or other contrivance described in paragraph (c), (d), or (e) of this section if: (i) The volatile content of such material consists only of water, and organic solvents; (ii) The organic solvents comprise not more than 30 percent by volume of said volatile content; (iii) The volatile content is not a solvent of high photochemical reactivity as defined in paragraph (a) of this section; and (iv) The organic solvent or any material containing organic solvent does not come into contact with flame. This last stipulation applies only for those articles, machines, equipment or other contrivances that are constructed or modified after November 8, 1973. (5) The use of any material, in any article, machine, equipment or other contrivance described in paragraph (c), (d), or (e) of this section if: (i) The organic solvent content of such material does not exceed 30 percent by volume of said material; (ii) The volatile content is not a solvent of high photochemical reactivity; and (iii) [Reserved] (iv) The organic solvent or any material containing organic solvent does not come into contact with flame. This last stipulation applies only for those articles, machines, equipment or other contrivances that are constructed or modified after November 8, 1973. (6) [Reserved] (7) An article, machine, equipment or other contrivance described in paragraph (c), (d) or (e) of this section used exclusively for chemical or physical analyses or determination of product quality and commercial acceptance provided that— (i) The exemption is approved in writing by the Regional Administrator; (ii) The operator of said article, machine, equipment or contrivance is not an integral part of the production process; and (iii) The emissions from said article, machine, equipment or other contrivance do not exceed 800 lbs. in any calendar month. (8) Sources subject to the provisions of Massachusetts Regulation 310 CMR 7.18 which has been federally approved. (k) [Reserved] (l) All determinations of emission rates shall be conducted in a manner approved in writing by the Regional Administrator. [40 FR 25165, June 12, 1975, as amended at 47 FR 28373, June 30, 1982] § 52.1146 [Reserved] top § 52.1147 Federal compliance schedules. top (a) Except as provided in paragraph (c) of this section, the owner or operator of a source subject to regulation under paragraph (c)(1) of §52.1144 and §52.1145 shall comply with the increments of progress contained in the following schedule: (1) Final control plans for emission control systems or process modifications must be submitted on or before June 1, 1974, for sources subject to §52.1144(c)(1) and on or before May 1, 1974 for sources subject to §52.1145. (2) Contracts for emission control systems or process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish emission control or process modifications on or before March 1, 1975, for sources subject to §52.1144(c)(1) and on or before July 1, 1974, for sources subject to §52.1145. (3) Initiation of on-site construction or installation of emission control equipment or process modification must begin on or before May 1, 1975, for sources subject to §52.1144(c)(1) and on or before August 15, 1974, for sources subject to §52.1145. (4) On-site construction or installation of emission control equipment or process modification must be completed prior to April 15, 1975, except for purposes of paragraph (c)(1) of §52.1144, the applicable date shall be February 1, 1976. (5) Final compliance is to be achieved prior to May 31, 1975, except for sources subject to paragraph (c)(1) of §52.1144 of this subpart. Final compliance for sources subject to paragraph (c)(1) of §52.1144 is to be achieved by June 1, 1976. (i) Facilities subject to paragraph (c)(1)(iii) of §52.1144 of this subpart which have a daily throughput of 20,000 gallons of gasoline or less are required to have a vapor recovery system in operation no later than May 31, 1977. Delivery vessels and storage containers served exclusively by facilities required to have a vapor recovery system in operation no later than May 31, 1977, also are required to meet the provisions of this section no later than May 31, 1977. (6) Any owner or operator of stationary sources subject to compliance schedule in this paragraph shall certify to the Administrator within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met. (7) Any gasoline dispensing facility subject to paragraph (c)(1) of §52.1144 which installs a storage tank after October 15, 1973, shall comply with such paragraph by March 1, 1976. Any facility subject to such paragraph which installs a storage tank after March 1, 1976 shall comply with such paragraph at the time of installation. (b) Except as provided in paragraph (d) of this section, the owner or operator of a source subject to paragraph (d)(1) of §52.1144 shall comply with the increments of progress contained in the following compliance schedule: (1) Final control plans for emission control systems or process modifications must be submitted prior to January 1, 1975. (2) Contracts for emission control systems or process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish emission control or process modification prior to March 1, 1975. (3) Initiation of on-site construction or installation of emission control equipment or process modification must begin not later than May 1, 1975. (4) On-site construction or installation of emission control equipment or process modification must be completed prior to May 1, 1977. (5) Federal compliance is to be achieved prior to May 31, 1977. (6) Any owner or operator of stationary sources subject to the compliance schedule in this paragraph shall certify to the Administrator, within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met. (7) Any gasoline dispensing facility subject to paragraph (d)(1) of §52.1144 which installs a gasoline dispensing system after the effective date of this regulation shall comply with the requirements of such paragraph by May 31, 1977. Any facility subject to such paragraph which installs a gasoline dispensing system after May 31, 1977, shall comply with such paragraph at the time of installation. (c) Paragraph (a) of this section shall not apply: (1) To a source which is presently in compliance with all requirements of paragraph (c)(1) of §52.1144 and §52.1145 and which has certified such compliance to the Administrator by June 1, 1974. The Administrator may request whatever supporting information he considers necessary for proper certification. (2) To a source for which a compliance schedule is adopted by the Commonwealth and approved by the Administrator. (3) To a source subject to §52.1144(c)(1) whose owner or operator submits to the Administrator by June 1, 1974, a proposed alternative compliance schedule. No such schedule may provide for compliance after March 1, 1976. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (4) To a source subject to §52.1145 whose owner or operator submits to the Administrator by May 1, 1974, a proposed alternative compliance schedule. No such schedule may provide for compliance after May 31, 1975. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (d) Paragraph (b) of this section shall not apply: (1) To a source which is presently in compliance with paragraph (d)(1) of §52.1144 and which has certified such compliance to the Administrator by January 1, 1975. The Administrator may request whatever supporting information he considers necessary for proper certification. (2) To a source for which a compliance schedule is adopted by the State and approved by the Administrator. (3) To a source whose owner or operator submits to the Administrator by June 1, 1974, a proposed alternative schedule. No such schedule may provide for compliance after May 31, 1977. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (e) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (a) or (b) of this section fails to satisfy and requirements of 40 CFR 51.15 (b) and (c). [38 FR 30970, Nov. 8, 1973] Editorial Note: For Federal Register citations affecting §52.1147, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. §§ 52.1148-52.1158 [Reserved] top § 52.1159 Enhanced Motor Vehicle Inspection and Maintenance. top (a) Revisions submitted by the Massachusetts Department of Environmental Protection on October 20, 2000, to the motor vehicle inspection and maintenance program are approved: (1) Letter from the Massachusetts Department of Environmental Protection dated October 20, 2000 submitting a revision to the Massachusetts State Implementation Plan. (2) Document entitled “Quality Assurance and Quality Control Plan For the Massachusetts Enhanced Emissions and Safety Inspection Program,” dated October 16, 2000. (3) Document entitled “Program Evaluation Plans For the Enhanced Inspection and Maintenance Program,” dated October 2000, and supporting contracts. [65 FR 69257, Nov. 16, 2000] § 52.1160 Requirements for state implementation plan revisions relating to new motor vehicles. top Massachusetts' adopted LEV program must be revised to the extent necessary for the state to comply with all aspects of the requirements of §51.120. [60 FR 4737, Jan. 24, 1995] § 52.1161 Incentives for reduction in single-passenger commuter vehicle use. top (a) Definitions: (1) Employer means any person or entity which employs 50 or more employees at any time during a calendar year at an employment facility located in the Boston Intrastate Region. (2) Educational institution means any person or entity which has 250 or more employees and students at any time during the academic year at an educational facility offering secondary level or higher training including vocational training located in the Boston Intrastate Region. (3) Employee means any person who performs work for an employer thirty-five or more hours per week and for more than twenty weeks per year for compensation and who travels to and from work by any mode of travel. (4) Student means any full-time day student who does not live at the educational institution and who travels to and from classes by any mode of travel. (5) Affected facility means any employment facility at which 50 or more persons are employees or any educational facility at which 250 or more persons are students and employees. (6) Commuter means both an employee and a student. (7) Single-passenger commuter vehicle means a motor-driven vehicle with four or more wheels with capacity for a driver plus one or more passengers which is used by a commuter traveling alone to work or classes and is not customarily required to be used in the course of his employment or studies. (8) Base date means the date set forth in paragraph (d) of this section as of which the base number of single-passenger commuter vehicles at a particular employment facility or educational institution must be determined. (9) The Secretary means the Secretary of Transportation and Construction of the Commonwealth of Massachusetts. (b) Commencing with the effective date of this section, each employer and educational institution (except as provided below) shall diligently and expeditiously implement and thereafter continuously maintain the following mandatory measures which are designed to achieve a goal of reducing the number of single-passenger commuter vehicles customarily commuting daily to each affected facility as of its base date by 25 percent (or as adjusted pursuant to paragraph (g) of this section): (1) Making available to commuters any pass program offered by the Massachusetts Bay Transportation Authority, if any commuter to the facility uses the mass transit facilities of such Authority as part of his daily commuting trip, including making all administrative arrangements for commuters to purchase the pass and thereby participate in the pass program and encouraging commuters to participate by such means as publicizing the availability of the pass program and the cost advantages thereof. (2)–(8) [Reserved] [40 FR 25166, June 12, 1975, as amended at 47 FR 28373, June 30, 1982; 41 FR 10223, Mar. 10, 1976] § 52.1162 Regulation for bicycle use. top (a) Definitions: (1) Bicycle means a two-wheel nonmotor-powered vehicle. (2) Bike path means a route for the exclusive use of bicycles separated by grade or other physical barrier from motor traffic. (3) Bike lane means a street lane restricted to bicycles and so designated by means of painted lanes, pavement coloring or other appropriate markings. A peak hour bike lane means a bike lane effective only during times of heaviest auto commuter traffic. (4) Bike route means a route in which bicycles share road space with motorized vehicles. (5) Bikeway means bike paths, bike lanes and bike routes. (6) Bicycle parking facility means any facility for the temporary storage of bicycles which allows the frame and both wheels of the bicycle to be locked so as to minimize the risk of theft and vandalism. (7) Parking facility means a lot, garage, building, or portion thereof in or of which motor vehicles are temporarily parked. (8) Parking space means the area allocated by a parking facility for the temporary storage of one automobile. (9) MBTA means the Massachusetts Bay Transportation Authority. (b) Application. This section shall be applicable in the Boston Intrastate Region. (c) Study. The Commonwealth, according to the schedule set forth in paragraph (d) of this section, shall conduct a comprehensive study of, and in that study recommend, the establishment of permanent bikeways and related facilities within the area described in paragraph (b) of this section. The study shall consider or include at least the following elements: (1) The physical design for bikeways, intersections involving bikeways, and means of bicycle link-ups with other modes of transportation; (2) The location of bikeways, including ascertaining high accident or pollution areas and developing means of avoiding or ameliorating those situations as well as means of providing intersection safety generally; (3) The location of bicycle parking facilities, including bus stops; (4) The rules of the road for bicyclists, and to the extent that present rules must be modified because of bikeways, new rules of the road for motorists. Also the feasibility of mandatory adult bicycle registration to minimize theft and increase recovery of stolen bicycles; (5) Bicycle safety education for bicyclists, motorists, children, students, street maintenance personnel and policemen, including requiring bicycle safety principles and safe street riding skills to be taught in high school automobile driver(s) education programs; (6) Methods for publicizing bicycles or bicycles plus mass transit as alternatives to automobile transportation, including the preparation, perhaps in conjunction with bicentennial efforts, of a master Boston area transit map, indicating the kind, extent and location of bicycle facilities, public baths, showers, toilet facilities, water fountains, as well as routes and stops for MBTA, common carriers and private bus lines, such map to be distributed by the Registry of Motor Vehicles with each automobile new registration and automobile registration renewal; (7) Requiring or providing incentives for common carriers and mass transit carriers, especially the Blue Line of the MBTA, to provide bicycle parking facilities at their respective terminals and stations and bicycle carrying facilities on their respective vehicles; (8) The creation of roadway zones in which all vehicles, except mass transit, emergency and service vehicles, and bicycles, would be excluded; (9) Requiring or providing incentives for office buildings and employers to install and to provide free shower and locker facilities for cyclists; (10) A bicycle user and potential user survey, which shall at a minimum determine: (i) For present bicycle riders, the origin, destination, frequency, travel time, distance and purpose of bicycle trips; (ii) In high density employment areas, the present modes of transportation of employees and the potential modes of transportation, including the numbers of employees who would use a bicycle for a significant portion of their commuting transportation were suitable facilities available to them. This section of the study shall seek to ascertain the size of the working population that would move from automobiles to mass transit and bicycles or bicycles alone as a significant form of transportation. It shall also seek to ascertain what bicycle facilities or mix thereof would produce the greatest conversion from auto use; (11) The special problems related to the design and incorporation in the bikeway facilities described in paragraph (f) of this section of feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA and railroad stations, feeder bikeways to fringe parking areas, and bicycle passage through rotaries and squares; (12) The conversion of railroad beds, power lines, flood control channels or similar corridors to bikepaths; (13) Removing barriers to employees bringing their bicycles into their offices; (14) Removal or alteration of drain grates with bars so placed as to catch bicycle wheels; (15) Bicycle rentals at appropriate locations; and (16) The feasibility of constructing bikeways along at least each of the corridors set forth in paragraph (g) of this section. In conducting the study, opportunity shall be given for public comments and suggestions. Input shall also be solicited from state, regional and local planning staffs, state, regional and local agencies, bicycle organizations and other interested groups and be related to comprehensive transportation planning for the area designated in paragraph (b) of this section. The study shall, using as a goal a minimum of 180 miles of bikeways, examine as large a network of facilities as is practicable within the area described in paragraph (b) of this section and shall recommend physical designs for said facilities. The study shall also propose a compliance schedule for establishing any recommended permanent bicycle facilities. (d) The Commonwealth of Massachusetts shall submit to the Regional Administrator no later than October 1, 1975, a detailed compliance schedule showing the steps that will be taken to carry out the study required by paragraph (c) of this section. The compliance schedule shall at a minimum include: (1) Designation of the agency responsible for conducting the study; (2) A date for initiation of the study, which date shall be no later than October 1, 1975; and (3) A date for completion of the study, and submittal thereof to the Administrator, which date shall be no later than June 30, 1976. (e) On or before September 1, 1976, the Administrator shall publish in the Federal Register his response to the study required by paragraph (c) of this section, and shall, in that response, either approve the facility location and designs and other requirements as well as the proposed compliance schedule for permanent facilities recommended in the study, or shall designate alternative and/or additional facility locations and designs and other requirements as well as modify the proposed compliance schedule for permanent facilities. The Administrator may provide, if he deems it necessary, for a public comment period prior to the effective date of his response. (f) Permanent bicycle facilities. At the conclusion of the study required by paragraph (c) of this section and the Administrator's response thereto, the Commonwealth shall, together with the municipalities and other authorities having jurisdiction over affected roadways and areas establish permanent bicycle facilities as required by the Administrator's response to the study. (g) The potential bikeway corridors to be studied pursuant to paragraph (c)(16) are as follows: (1) Central Square, Cambridge to Boston University; (2) Harvard Square, Cambridge to Union Square, Allston; (3) Union Square, Somerville to Central Square, Cambridge; (4) Union Square, Allston to Government Center; (5) Harvard Square, Cambridge to Government Center; (6) Brookline Village to Government Center; (7) Boston University to Longwood Avenue Hospital Zone; (8) Egleston Square to Government Center; (9) Columbus Park to Boston Common; (10) L Street Beach to Government Center; (11) Powder House Circle, Somerville to Harvard Square; (12) Everett to Government Center; (13) Porter Square, Cambridge to Columbus Park, Boston; (14) Cleveland Circle to Government Center; (15) Porter Square, Cambridge to Government Center; (16) Harvard Square, Cambridge to Boston City Hospital; and (17) Charlestown, Longfellow, Harvard, Boston University, River Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges. (h) The MBTA shall provide bicycle parking facilities at each major MBTA station adequate to meet the needs of MBTA riders within the area designated in paragraph (b) of this section. Said parking facilities shall at a minimum be located at: (1) All stations of the Riverside portion of the Green Line; (2) Reasonably spaced stops on other portions of the Green Line; (3) All stations of the Red, Orange, and Blue Lines; and shall have spaces for at least six bicycles per station, except for facilities at terminal stations which shall have spaces for at least 24 bicycles. (i) The Commonwealth shall provide for advertisement of bikeways and bicycle parking facilities in use within the area designated in paragraph (b) of this section to potential users by means of media advertisement, the distribution and posting of bikeway maps and bike safety information, as well as for a program of bicycle safety education including the motor vehicle operators license examination and public service advertisement. [40 FR 25168, June 12, 1975] § 52.1163 Additional control measures for East Boston. top (a) On or before December 31, 1975, the Governor, the Mayor of the City of Boston, the Chairman of the Massachusetts Bay Transportation Authority, the Chairman of the Massachusetts Turnpike Authority and the Chairman of the Massachusetts Port Authority (“Massport”) shall each submit to the Regional Administrator a study or studies of various alternative strategies to minimize the number of vehicle trips to and from Logan International Airport (“Logan Airport”) and to reduce the amount of carbon monoxide in the vicinity of the Callahan and Sumner Tunnels to a level consistent with the national primary ambient air quality standards. These studies may be combined into one or more joint studies. These studies shall contain recommendations for control measures to be implemented prior to May 31, 1977. Measures to be studied shall include but need not be limited to, the following: (1) Incentives and programs for reductions in the use of single-passenger vehicles through the Callahan and Sumner Tunnels; (2) Alterations in traffic patterns in the tunnel area; (3) Use of exclusive lanes for buses, carpools, taxis and limousines during peak travel hours; (4) Reduction of parking spaces at Logan Airport and increased parking charges at remaining spaces; (5) Construction of satellite terminal facilities for Logan Airport; (6) Use of alternate modes of transportation for trips to and from Logan Airport, and establishment of facilities at Logan Airport to accommodate such modes; (7) Improved transit service between the Blue Line subway stop and airline terminals at Logan Airport; and (8) Any other measures which would be likely to contribute to achieving the required reductions. (b) Massport shall monitor the number of vehicles entering and leaving Logan Airport so as to provide the Secretary of Transportation for the Commonwealth (the “Secretary”) with reports on a semi-annual basis, beginning on January 30, 1976, showing total vehicle trips per day for the six-month period ending on the previous December 31 or June 30, presented and tabulated in a manner prescribed by the Secretary. (c) Massport shall, on or before June 30, 1976, prepare and submit to the Secretary draft legislation which, if enacted into law, would alleviate local licensing problems of bus and limousine companies in order to facilitate increased and improved bus and limousine service for travelers using Logan Airport. (d) Massport shall negotiate with the Massachusetts Bay Transportation Authority to increase the convenience of the mass transit services currently available to travelers to Logan Airport. (e) Massport shall, on or before June 30, 1976, establish and maintain a program (which shall include the enclosure of this information in tickets or folders mailed by airlines using Logan Airport) to publicize the advantages in costs and convenience of the use of mass transit or other available transportation services by travelers using the airport, and making known to such persons the schedules, routes, connections, and other information necessary for them to conveniently use mass transit and such other services. (f) Massport shall, on or before October 15, 1975, establish a carpool program at Logan Airport, which shall include the elements specified in paragraphs (b)(7) (A) through (C) of §52.1161. For the purpose of applying the requirements of §52.1161 to the present paragraph: (1) The definitions in §52.1161 shall apply; (2) Each employer with any employment facility at Logan Airport shall cooperate with Massport in the development and implementation of the program; (3) Any such employer (including Massport) may fulfill its obligations under paragraph (b)(7) of §52.1161 by fully cooperating with and participating in the Logan Airport carpool program (including bearing its proportional share of the program's cost); and (g) Massport shall, on or before October 15, 1975, implement a program of systematic dissemination to employers and employees at Logan Airport of information regarding the Massachusetts Bay Transportation Authority pass program, bus and train schedules and rates, park-and-ride facilities, and other transportation programs and services available to employees at Logan Airport. (h) Massport shall, on or before January 1, 1976, implement and maintain a program to allow all employees at Logan Airport, regardless of the size of the particular employment facility at which they work, to participate in any available pass program made available by the Massachusetts Bay Transportation Authority, including the use of Massport as a central clearinghouse for the purpose of aggregating employees and for fiscal management of such pass program. [40 FR 25169, June 12, 1975] § 52.1164 Localized high concentrations—carbon monoxide. top (a) Not later than October 1, 1975, the Commonwealth shall have developed and have begun to implement a program to identify urban and suburban core areas and roadway/intersection complexes within the Boston Intrastate Region which violate the national ambient air quality standards for carbon monoxide. Once such localized areas have been identified, the Commonwealth, in cooperation with the affected local municipalities, shall develop and implement appropriate control strategies to insure that such air quality standards will be achieved at such areas. Plans shall be developed to include provisions for the entire municipality in order to insure that the implemented strategies will not create carbon monoxide violations elsewhere in the vicinity after the measures have been applied. (b) To accomplish the requirements of paragraph (a) of this section, the Commonwealth shall do the following: (1) Identify areas of potentially high carbon monoxide concentrations by reviewing all available traffic data, physical site data and air quality and meteorological data for all major intersections and roadway complexes within the Region. The Regional Administrator will provide general guidance on area designations to assist in the initial identification process. (2) Areas identified under paragraph (b)(1) of this section shall be studied in further detail, including meteorological modeling, traffic flow monitoring, air quality monitoring and other measures necessary to accurately quantify the extent and actual levels of carbon monoxide in the area. A report containing the results of these analyses and identifying such areas shall be submitted to the Regional Administrator no later than March 1, 1976. (3) If, after the completion of actions required by paragraph (b)(2) of this section, an area shows or is predicted to have violations of the carbon monoxide standard, the Commonwealth, in cooperation with the affected municipality, shall submit a plan to the Regional Administrator containing measures to regulate traffic and parking so as to reduce carbon monoxide emissions to achieve air quality standards in the area. Such plan shall include: the name of the agency responsible for implementing the plan, all technical data and analyses supporting the conclusions of the plan, all control strategies adopted as part of the plan, and other such information relating to the proposed program as may be required by the Regional Administrator. The Regional Administrator shall provide general guidance on applicable control strategies and reporting formats to assist in plan development and submittal. Such a plan shall be submitted for each municipality which contains one or more identified areas no later than October 1, 1975 for Waltham and October 1, 1976, for other areas. (4) All measures called for in the plan submitted under paragraph (b)(3) of this section shall be subject to the approval of the Regional Administrator and shall be implemented by May 31, 1977. (c) The Commonwealth shall annually review the effectiveness of the control strategies developed pursuant to this section and modify them as necessary to insure that such carbon monoxide standards will be attained and maintained. The results of this review and any changes in the measures which the Commonwealth recommends as a result thereof shall be reported to the Regional Administrator annually as required under §52.1160. (d) Prior to submitting any plan to the Regional Administrator under paragraph (b)(3), the Commonwealth shall give prominent public notice of the general recommendations of such plan, shall make such plan available to the public for at least 30 days and permit any affected public agency or member of the public to comment in writing on such plan. The Commonwealth shall give the Regional Administrator timely notice of any public hearing to be held on such plan and shall make all comments received available to the Regional Administrator for inspection and copying. [40 FR 25170, June 12, 1975] § 52.1165 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulation for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Massachusetts. [43 FR 26410, June 19, 1978, as amended at 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003] § 52.1166 [Reserved] top § 52.1167 EPA-approved Massachusetts State regulations. top The following table identifies the State regulations which have been submitted to and approved by EPA as revisions to the Massachusetts State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory effect. To determine regulatory requirements for a specific situation consult the plan identified in §52.1120. To the extent that this table conflicts with §52.1120, §52.1120 governs. Table 52.1167_EPA-Approved Rules and Regulations [See Notes at end of Table] ---------------------------------------------------------------------------------------------------------------- Date Date Federal State citation Title/subject submitted approved by Register 52.1120(c) Comments/unapproved by State EPA citation sections ---------------------------------------------------------------------------------------------------------------- 310 CMR 6.04........ Standards.......... 7/25/90 10/04/02 67 FR 62187 120 Adopt PM10 as the criteria pollutant for particulates. 310 CMR 7.00........ Definitions........ 2/14/85 9/25/85 50 FR 38804 64 Motor vehicle fuel. 2/21/86; 8/31/87 52 FR 32792 73 Two new definitions 2/25/86; and one amended 6/23/86 definition. Statutory 11/5/86; 11/19/87 52 FR 44395 74 Approving the authority; legend; 12/10/86 addition of preamble; definitions for definitions. synthetic organic chemical manufacturing facility, component, in gas service, light liquid, in light liquid service, leak, leaking component, monitor, repair, unit turnaround, in VOC service, quarterly, and pressure relief valve. 310 CMR 7.00........ Definitions........ 7/18/88 5/4/89 54 FR 19184 78 Includes bulk plant and terminal, gasoline market. 310 CMR 7.00........ Definitions........ 1/30/91 10/8/92 57 FR 46312 96 Definitions of no- build alternative, project area, project roadway, and tunnel ventilation system. 310 CMR 7.00........ Definitions........ 05/17/90, 12/14/92 57 FR 58996 97 Added ``motor 06/07/91 vehicle fuel,'' ``motor vehicle fuel dispensing facility,'' ``substantial modification,'' and ``vapor collection and control system.'' 310 CMR 7.00........ Definitions........ 8/17/89; 1/11/93 58 FR 3495 93 Approving the 6/7/91 following amended or additional definitions: Application area, asphalt, automobile, bottom filling, bulk terminal, coating line(s), commissioner, condensate, continuous compliance, crude oil, department, end sealing compound, exterior base coat, extreme environmental conditions, flashoff area, freeboard height, freeboard ratio, halogenated organic compound, interior base coat, interior body spray, knife coating, lease custody transfer, light duty truck, manufacturing plant, miscellaneous metal parts and products, overvarnish, paper surface coating, penetrating prime coat, petroleum liquids, prime coat, publication rotogravure printing, quench area, refrigerated chiller, Reid vapor pressure, roll printing, roll coating, single coat, solids, specialty printing, splash filling, standard conditions, submerged filling, three piece can side seam spray, topcoat, transfer efficiency, two piece can exterior end coating, vinyl surface coating, volatile organic compound, waxy, heavy pour crude oil. The definitions of ``coating application system'' and ``bulk plants and terminals'' have been deleted. 310 CMR 7.00........ Definitions........ 8/27/82, 2/23/93 58 FR 10970 84 Approving the 6/22/87, definitions of 12/27/89 ``stationary source'' and ``building, structure, facility, or installation.'' 310 CMR 7.00........ Definitions........ 6/7/91 6/30/93 58 FR 34911 58 Definitions: Bulk plants, vapor balance systems. 310 CMR 7.00........ Definitions........ 12/9/91 10/4/94 59 FR 50498 101 Definitions of baseline roadway conditions, high occupancy vehicle, high occupancy vehicle lane, peak hour, performance standard, and roadway threshold standard. 310 CMR 7.00........ Definitions........ 11/15/93 2/1/95 60 FR 6030 103 Approving 05/11/94 additional definitions for. 310 CMR 7.00........ Definitions........ 7/30/93 10/15/96 61 FR 53632 111 Adding or amending the following definitions: motor vehicle parking space; off-peak parking spaces; remote parking spaces; and restricted use parking. 310 CMR 7.00........ Definitions........ 2/17/93 9/3/1999 64 FR 48303 c(117) ................... 310 CMR 7.00........ Definitions........ 7/30/96 4/11/00 65 FR 19326 115 Definition of ``volatile organic compound'' revised. 310 CMR 7.00........ Definitions........ 1/11/95 4/11/00 65 FR 19326 121 Definitions 3/29/95 associated with marine vessel rule. 310 CMR 7.00........ Definitions........ 07/25/95 12/18/00 65 FR 78976 116 Definitions 08/09/00 associated with 9/11/00 State II vapor recovery rule. 310 CMR 7.00 Emission Offsets 7/15/94 10/27/00 65 FR 64363 (c)(127) Approving 1990 CAAA Appendix A. and Nonattainment and 4/14/ revisions and Review. 95 general NSR permit requirements 310 CMR 7.00 Emissions Banking, 2/9/94 8/8/96 61 FR 41338 112 Replaces earlier Appendix B (except Trading, and 3/29/95 emissions 310 CMR 7.00 Averaging. averaging rules Appendix with emissions B(3)(e)5.h). banking, trading, and averaging. 310 CMR 7.00 and 2/14 and 9/25/85 50 FR 38806 64 Motor vehicle fuel 7.02(12)(c). 5/22/85 tank trucks. 310 CMR 7.00........ Definitions........ 7/25/90 10/04/02 67 FR 62187 120 Add a definition of PM10. 310 CMR 7.02........ Plans and approval 4/27/72 10/28/72 37 FR 23085 2 and emission limitations. 8/28/72 10/28/72 37 FR 23085 4 ................... 5/27/82 1/10/84 49 FR 1187 60 7.02(2)(b)(4) and 9/9/82 7.02(2)(5) for new source review. 12/3/85 11/25/86 51 FR 42564 69 Adds the word 1/31/86 ``major'' before 2/11/86 the word ``modification'' at 7.02(2)(b). 310 CMR 7.02........ Plans and approval ......... ........... ............ .......... ................... and emission limitation. 11/21/86 3/10/89 54 FR 10148 72 7.02(2)(b) 4, 5 and 1/15/87 6-new source review. 310 CMR 7.02(11).... Emission 2/1/78 3/15/79 44 FR 15704 18 Adds an emission limitations for limitation for incinerators. sewage sludge incinerators. 310 CMR 7.02(12).... U Organic Material. 8/17/89 1/11/93 58 FR 3495 93 310 CMR 7.02(12) has been recodified and relocated in 310 CMR 7.24, ``U Organic Material Storage and Distribution.'' All subsections and references in 310 CMR 7.02(12) have been recodified accordingly. 310CMR 7.02(12)..... U Restricted 6/6/94 4/5/95 60 FR 17229 105 This rule limits a Emission Status. source's potential to emit, therefore avoiding RACT, title V operating permits 310 CMR Organic material, 12/31/78 9/16/80 45 FR 61293 30 ................... 7.02(12)(a)(b). bulk plants and 5/16/79 terminals handling organic material. 310 CMR Gasoline liquid 12/2/83 3/8/84 49 FR 8611 56 Approved for 7.02(12)(a)1e. storage in secondary seals or external floating equivalent weather roof tanks. roofs. 310 CMR 7.02(12)(b)2 Stage I vapor 5/20/77 5/25/78 43 FR 22356 15 Provisions for recovery. Pioneer APCD Stage I vapor recovery. 12/31/78 9/16/80 45 FR 61293 30 ................... 5/16/79 3/25/83 7/7/83 48 FR 31200 55 Exempt Berkshire APCD. 310 CMR 7.02(12)(b)3 Stage I vapor 11/21/86 3/10/89 54 FR 10148 72 7.02(12)(b)3 is recovery. 1/15/87 deleted. 310 CMR 7.02(12) (c) Gasoline Tank 2/14/85 9/25/85 50 FR 38804 64 Tank trucks. and (d). Trucks. 5/22/85 310 CMR 7.02(12)(d). Test Methods 11/21/86 3/10/89 54 FR 10148 72 Requires EPA applicable to 310 1/15/87 approved test CMR 7.02(12). methods or EPA approved alternatives. 310 CMR 7.02(12)(e). Gasoline Volatility 7/18/88 5/4/89 54 FR 19184 78 Approves a 9/15/88 limitation on 4/12/89 volatility of gasoline from June 30 for Sept. 15, 1989, and May 1 to Sept. 15 in subsequent years. 310 CMR 7.03(13).... Paint spray booths. 2/17/93 9/3/1999 64 FR 48303 c(117) Adds the following coating operations: plastic parts surface coating, leather surface coating, wood product surface coating, and flat wood paneling surface coating. 310 CMR 7.04(5)..... Fuel oil viscosity. 12/28/78 6/17/80 45 FR 40987 29 For Cambridge Electric Light Company's Kendal Station, and Blackstone Station. 12/28/78 10/18/80 45 FR 48131 29 Correction notice. 310 CMR 7.05........ Sulfur-in-fuel..... 8/28/72 10/28/72 37 FR 23058 4 ................... 7/5/78 2/7/79 44 FR 7712 17 Approves the burning of coal/ oil slurry at New England Power Company, Salem Harbor Station, MA. 310 CMR 7.05(1)(a).. Sulfur content of 4/14/77 3/24/78 43 FR 12324 13 Approves the fuels and control burning of 1% for thereof for all but: Crane and Berkshire APCD. Company Inc., and Schweitzer Division, Kimberly Clark Corporation, Columbia Mill. 4/14/77 3/7/79 44 FR 12422 13 Approves the 8/11/78 burning of 2.2% at 8/31/78 Crane & Co., Inc., and Schweitzer Division, Kimberly- Clark Corp., Columbia Mill. 11/8/82 4/28/83 48 FR 19172 54 Approves burning of 2.2% at Esleek Manufacturing Company, Inc., provided the fuel firing rate does not exceed 137.5 gallons per hour. 310 CMR 7.05(1)(b).. Sulfur content of 6/25/76 2/15/77 42 FR 9176 10 Approves the fuels and control burning of 2.2% thereof for until 7/1/78 for Central APCD. 100 mBtu sources listed in 52.1126. 3/29/76 5/19/77 42 FR 25730 11 Approves burning of 5/25/76 2.2% at James River Associates, Inc. and part of Fitchburg Paper Company, April through October. November through March, they are limited to burning 1% sulfur-in-fuel oil. 6/25/76 6/21/78 43 FR 26573 10 Extends expiration 8/22/77 date to 6/21/78. 3/2/79 7/16/79 44 FR 41180 24 Permanent extension for certain sources to burn 2.2% under specified conditions. Sulfur content of 9/28/79 6/17/80 45 FR 40987 24 Approves the fuels and control burning of 2.2% at thereof for Fitchburg Paper central APCD. (55 Meter stacks only) for James River, Massachusetts, Inc., year round. 3/20/80 9/10/80 45 FR 59578 31 Approves the temporary burning of 2.2% at Seaman Paper Co., Templeton. 3/2/79 9/17/81 46 FR 46133 33 Approves the 5/5/81 burning of 2.2% at Millers Falls Paper Co. 310 CMR 7.05(1)(c).. Sulfur content of 6/4/76 12/30/76 41 FR 56804 8 Approves the fuels and control burning of 2.2% thereof for except at those Merrimack Valley. sources listed in 52.1126. 1/28/76 7/12/77 42 FR 35830 8 Approves burning of 12/30/76 1.4% at Haverhill Paperboard Corp., Haverhill, MA. 1/28/76 ........... ............ .......... 8/22/77 6/21/78 43 FR 26573 8 Extends expiration 12/30/76 date to 7/1/79. 12/28/78 5/21/79 44 FR 29453 20 Permanent extension to burn 2.2%. 310 CMR 7.05(1)(d).. Sulfur content of 7/11/75 12/5/75 40 FR 56889 6 Approves burning of fuels and control 9/16/75 1% for large thereof for electric Metropolitan generating Boston APCD. facilities in certain cities and towns and 2.2% for smaller facilities. Effective 7/1/75 to 7/1/77. 7/11/75 8/22/77 42 FR 42218 6 Extends expiration 4/1/77 date from 7/1/77 to 7/1/78 except for Eastman Gelatin Corp., which must burn 1%. 4/20/78 11/30/78 43 FR 56040 6 Extends expiration date from 7/1/78 to 7/1/79. Sulfur content of 12/28/78 5/21/79 44 FR 29453 20 Permanent extension fuels and control to burn 2.2%. thereof for Metropolitan Boston APCD. 4/25/80 1/27/81 46 FR 8476 34 Approves the burning of 2.2% at Natick Paperboard Corp. 11/25/80 8/11/81 46 FR 40688 38 Approves the increase to 2.2% at Boston Edison Mystic Generating Station for 30 months from 8/11/ 81 (expires 2/11/ 84). 7/14/81 12/16/81 46 FR 61123 41 Approves burning of 2.2% at Haverhill Paper Corp. 11/27/79 12/15/80 45 FR 82251 32 Allows the burning of 2.2% at Proctor and Gamble. 9/24/81 12/15/81 46 FR 61118 43 Approves burning of 2.2% at Eastman Gelatin Corp. 12/7/83 9/25/84 49 FR 37592 65 Approves burning of 2.2% at Boston Edison Mystic Generating Station until 3/25/87. 310 CMR 7.05(1)(e).. Sulfur content of 7/22/77 2/1/77 42 FR 5957 9 Approves 2.2% fuels and control except for sources thereof for listed in 52.1125. Pioneer Valley APCDs. 7/22/76 ........... ............ .......... ................... 8/22/77 6/21/78 43 FR 26573 9 Extends expiration 12/27/77 date to 7/1/79. 1/3/79 5/21/79 44 FR 29453 21 Permanent extension to burn 2.2% 3/2/80 1/19/81 45 FR 4918 33 Approves the burning of 2.2% at all sources in Franklin and Hampshire Counties rated at less than 100 mBtu except Esleek Manufacturing Co., and Millers Falls Paper Co. 10/13/81 2/10/82 47 FR 6011 45 Approves the burning of 2.2% at Holyoke Gas and Electric Department, Holyoke, MA. 7/18/84 2/15/90 55 FR 5449 77 Approves the 4/17/85 burning of 2.2% 3/16/87 and imposes fuel 11/25/87 use limits at American Fiber and Finishing Co., Erving Paper Co., and Westfield River Paper Co. 310 CMR 7.05(1)(f).. Sulfur content of 12/30/76 9/2/77 42 FR 44235 12 Approves burning of fuels and control 2.2% for sources thereof for listed in 52.1126, Southeastern APCD. all others must continue to burn 1%. 12/30/76 9/8/78 43 FR 40010 12 Extends expiration 1/31/78 date from 5/1/78 to 7/1/79. 1/31/79 5/21/79 44 FR 29453 22 Permanent extension to burn 2.2%. 310 CMR 7.05(4)..... Ash content of 1/3/79 5/21/79 44 FR 29453 21 ................... fuels for Pioneer Valley for APCD. Ash content of 7/20/79 5/21/79 44 FR 29453 23 ................... fuels for Metropolitan Boston APCD. Ash content of 12/3/85 11/25/86 51 FR 42564 69 Includes Berkshire fuels. 1/31/86 Air Pollution 2/11/86 Control District to 7.05(4)(b)(2) so facilities in that district can apply to burn fossil fuel with an ash content in excess of 9 pct bydry weight. 310 CMR 7.06........ Visible emissions.. 8/28/72 10/28/72 37 FR 23085 4 ................... 7/5/78 2/7/79 44 FR 7712 17 Approves New England Power Company, Salem Harbor Station to burn a coal oil slurry. 12/28/79 8/12/80 45 FR 53476 17 Extension of temporary revision to allow exceedance of 20% capacity limit at New England Power Company's Salem Harbor Station, Salem, MA Unit 1 so can burn 30% coal/70% oil mixture until 12/ 31/80. 310 CMR 7.07........ Open burning....... 12/9/77 9/29/78 43 FR 44841 16 Two revisions with conditions to permit open burning of brush cane, driftwood and forest debris for 2 months of the year. Open burning....... 9/28/79 6/17/80 45 FR 40987 27 Approves open burning (as in (c) 16) from 1/15 to 5/ 1 in certain areas of the State. 310 CMR 7.08........ Incinerators....... 8/28/72 10/28/72 37 FR 23085 4 ................... 310 CMR 7.08(2), MWC NOX 1/11/99 9/2/99 64 FR 48098 119 Only approved NOX except sections: requirements. related (a); the definition requirements of of ``Material state plan for Separation Plan'' MWCs. The in (c); (d)1; (d)2; following sections (d)3; (d)4; (d)5; were not submitted (d)6; (d)8; (f)1; as part of the (f)2; (f)5; (f)6; SIP: (a), the (f)7; (g)1; (g)2; definition of (g)3; (g)4; (h)2.a; ``Material (h)2.b; (h)2.d; Separation Plan'' (h)2.e; (h)2.g; in (c), (d)1, (h)2.h; (h)4; (d)2, (d)3, (d)4, (h)5.a; (h)5.c; (d)5, (d)6, (d)8, (h)5.d; (h)9; (f)1, (f)2, (f)5, (h)10; (h)13; (f)6, (f)7, (g)1, (i)1.b; (i)1.g; (g)2, (g)3, (g)4, (i)2.c; (i)2.d; (h)2.a, (h)2.b, (i)2.e; and (k)3.. (h)2.d, (h)2.e, (h)2.g, (h)2.h, (h)4, (h)5.a, (h)5.c, (h)5.d, (h)9, (h)10, (h)13, (i)1.b, (i)1.g, (i)2.c, (i)2.d, (i)2.e, and (k)3. 310 CMR 7.09........ Dust and odor...... 8/28/72 10/28/72 37 FR 23085 4 ................... 12/9/77 9/29/78 43 FR 44841 16 Adds a requirement that mechanized street sweeping equipment must be equipped and operated with a suitable dust collector or suppression system. 310 CMR 7.12........ Inspection 6/28/90; 3/21/96 61 FR 11560 106 The 6/28/90 and 9/ Certificate Record 9/30/92; 30/92 submittals Keeping and 7/15/94 deal with the Reporting. permitting process. The 7/15/ 94 submittal develops 7.12 to comply with emission statement requirements. 310 CMR 7.14(2)..... Continuous 11/21/86 3/10/89 54 FR 10148 72 References 40 CFR Emissions 1/15/85 part 51, Appendix Monitoring. P. 310 CMR 7.14(3)..... Continuous 11/21/86 3/10/89 54 FR 10148 72 Establishes Emissions 1/15/87 compliance date Monitoring. for meeting the requirements of 7.14(2). 310 CMR 7.15........ Asbestos 8/28/72 10/28/72 37 FR 23085 4 ................... application. 310 CMR 7.16........ Reduction to single 5/20/77 5/25/78 43 FR 22356 15 For Pioneer Valley passenger commuter APCD. vehicle use. 12/31/78 9/16/80 45 FR 61293 .......... Reduction of single 5/16/79 occupant commuter vehicles. 310 CMR 7.17........ Coal conversion.... 9/7/78 5/14/79 44 FR 27991 19 Brayton Point Station, New England Power Company. 1/22/82 6/9/82 47 FR 25007 49 Mount Tom Plant, Holyoke, MA Holyoke Water Power Company. 310 CMR 7.18(1)..... U Applicability and 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR Handling CMR 7.18(1), (a), Requirements. (c), (d) and (e). 310 CMR 7.18(2)..... U Compliance with 8/27/82; 1/11/93 58 FR 3495 93 Approval of 310 CMR Emission 8/17/89; 7.18(2), (2)(a), Limitations. 6/7/91 (2)(b), (2)(c) and (2)(e). 310 CMR 7.18(2)..... Compliance with 2/17/93 9/3/1999 64 FR 48304 c(117) Adds an exemption emission for coatings used limitations. in small amounts, and a section on daily weighted averaging. 310 CMR 7.18(2)(b).. Generic VOC bubble 3/6/81 3/29/82 47 FR 13143 42 Includes surface for surface 11/12/81 coating of metal coaters. cans, large appliances, magnet wire insulation, automobiles, paper fabric and vinyl. Generic VOC bubble 6/24/80 7/12/82 47 FR 30060 47 Adds metal coils. for surface coaters. Generic VOC bubble 3/29/95 8/8/96 61 FR 41338 112 Replaces earlier for surface emissions coaters. averaging rules for surface coaters. 7/21/81 6/2/82 47 FR 23927 48 Adds miscellaneous 3/10/81 metal parts and products and graphic arts- rotogravure and flexography. 9/9/82 2/3/83 48 FR 5014 53 Adds metal furniture. 310 CMR 7.18 (2)(e). Compliance with ......... 3/6/89 54 FR 9213 .......... Testing emission requirements for limitations. plan approvals issued under 310 CMR 7.18(17). 310 CMR 7.18(3)..... Metal furniture 12/31/78 9/16/80 45 FR 61293 30 ................... surface coating. 5/16/79 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(3)..... U Metal Furniture 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310 Surface Coating. 6/7/91 CMR 7.18(3). 310 CMR 7.18(4)..... Metal can surface 12/31/78 9/16/80 45 FR 61293 30 coating. 5/16/79 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(4)..... U Metal Can Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310 Coating. 6/7/91 CMR 7.18(4). 310 CMR 7.18(5)..... Large appliances 12/31/78 9/16/80 45 FR 61293 30 ................... surface coating. 5/16/79 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(5)..... U Large Appliance 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310 Surface Coating. 6/7/91 CMR 7.18(5). 310 CMR 7.18(6)..... Magnet wire 12/31/78 9/16/80 45 FR 61293 30 ................... insulation surface 5/16/79 coating. 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(6)..... U Magnet Wire 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310 Insulation Surface 6/7/91 CMR 7.18(6). Coating. 310 CMR 7.18(7)..... Automobile surface 12/31/78 9/16/80 45 FR 61293 30 ................... coating. 5/16/79 9/9/82 11/9/83 45 FR 51480 53 Adds test methods. 310 CMR 7.18(7)..... Automobile Surface 8/17/89, 10/8/92 57 FR 46316 92 Coating. 6/7/91 310 CMR 7.18(7)..... Automobile surface 2/17/93 9/3/1999 64 FR 48304 c(117) Revises a limit for coating. primer surface coating. 310 CMR 7.18(8)..... Solvent metal 12/31/78 9/16/80 45 FR 61293 30 Conditional degreasing. 5/16/79 approval requiring controls for small solvent metal degreasers. 8/13/83 11/9/83 48 FR 51480 53 Approves public education program for small degreasers and removes conditional approval. 310 CMR 7.18(8)..... Solvent Metal 2/17/93 9/3/1999 64 FR 48304 c(117) Adds a Degreasing. typographical correction. 310 CMR 7.18(8)..... U Solvent Metal 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR Degreasing. 7.18(8), (8)(d), (8)(d)1., (8)(e), (8)(f) and (8)(g). 310 CMR 7.18(8)..... U Solvent Metal 6/7/91 6/30/93 58 FR 34911 58 Approval of 310 CMR Degreasing. 7.18 (8), (8)(a), (8)(a)1., (8)(a)2., (8)(a)3., (8)(a)4., (8)(a)5., (8)(a)6., (8)(b), (8)(b)1., (8)(b)2., (8)(b)3., (8)(b)4., (8)(b)5., (8)(b)6., (8)(b)7., (8)(b)8., (8)(b)9., (8)(b)10., (8)(b)11., (8)(b)12., (8)(b)13., (8)(c), (8)(c)1., (8)(c)2., (8)(c)3., (8)(c)4., (8)(c)5., (8)(c)6., (8)(c)7., (8)(c)8., (8)(c)9., (8)(d)2., (8)(d)3. 310 CMR 7.18(9)..... Cutback asphalt.... 12/31/78 9/16/80 45 FR 61293 30 ................... 5/16/79 9/9/82 11/9/83 48 FR 51480 53 Adds an exemption. 310 CMR 7.18(9)..... U Cutback Asphalt.. 8/17/89 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(9). 310 CMR 7.18(10).... Surface coating of 6/24/80 7/12/82 47 FR 30060 47 Approves and adds metal coils. to 310 CMR 7.18(2)(b). 9/9/82 11/9/83 48 FR 51480 53 Adds test methods and removes extended compliance schedule. 310 CMR 7.18(10).... U Metal Coil 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310 Coating. 6/7/91 CMR 7.18(10). 310 CMR 7.18(11).... Surface coating of 7/21/81 6/2/82 47 FR 23927 48 Adds to 310 CMR miscellaneous 3/10/82 7.18(2)(b). metal parts and products. 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(11).... Surface coating of 2/17/93 9/3/1999 64 FR 48304 c(117) Revises a miscellaneous reference. metal parts and products. 310 CMR 7.18(11).... U Surface Coating 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR of Miscellaneous 7.18(11), (11)(b), Metal Parts and (11)(c), (11)(d) Products. and (11)(e). 310 CMR 7.18(11).... U Surface Coating 6/7/91 6/30/93 58 FR 34911 58 Approval of 310 CMR of Miscellaneous 7.18 (11), Metal Parts and (11)(a), Products. (11)(a)1., (11)(a)2., (11)(a)3. 310 CMR 7.18(12).... Graphic arts....... 2/17/93 9/3/1999 64 FR 48304 c(117) Amends applicability to 50 tons per year VOC. 310 CMR 7.18(12).... Graphic arts- 7/21/81 6/2/82 47 FR 23927 48 Adds to 310 CMR rotogravure and 3/10/82 7.18(2)(b). flexography. 9/9/82 11/9/83 48 FR 51480 53 ................... 310 CMR 7.18(12).... U Graphic Arts..... 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310 6/7/91 CMR 7.18(12). 310 CMR 7.18(13).... Perchloroethylene 7/21/81 6/2/82 47 FR 23927 48 ................... dry cleaning 3/10/82 systems. 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(13).... U Dry Cleaning 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR Systems-Percholor- 7.18(13), (13)(c), ethylene. (13)(d) and (13)(e). 310 CMR 7.18(13)(a) 8. has been deleted. 310 CMR 7.18(14).... Paper surface 3/6/81 3/8/82 47 FR 9836 40 ................... coating. 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(14).... U Paper Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310 Coating. 6/7/91 CMR 7.18(14). 310 CMR 7.18(15).... Fabric surface 3/6/81 3/8/82 47 FR 9836 40 ................... coating. 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(15).... U Fabric Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310 Coating. 6/7/91 CMR 7.18(15). 310 CMR 7.18(16).... Vinyl surface 3/6/81 3/8/82 47 FR 9836 40 ................... coating. 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(16).... U Vinyl Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310 Coating. 6/7/91 CMR 7.18(16). 310 CMR 7.18(17).... RACT............... 9/9/82 11/9/83 48 FR 51480 53 All 100 ton per year sources not covered by a CTG. RACT............... ......... 3/6/89 54 FR 9213 .......... Enforceability of plan approvals issued under 310 CMR 7.18(17). 6/20/89 11/3/89 54 FR 46388 81 RACT for Cranston Print Works Company dated June 20, 1989. 7/12/89 11/8/89 54 FR 46895 80 RACT for Spalding Corporation Plan Approval dated October 7, 1985 and amended Plan Approval dated July 12, 1989. 8/8/89 11/8/89 54 FR 46897 82 RACT for Duro Textile Printers (SM-85-168-IF). 6/20/89 2/21/90 55 FR 5990 79 RACT Compliance Plan Conditional Approval for Monsanto Chemical Company in Indian Orchard dated 6/20/ 89. 11/17/89 8/3/90 55 FR 31590 85 RACT for Boston Whaler in Norwell. Amended Plan Approval 4P89005 dated October 19, 1989 and Plan Approval 4P89005 Correction dated Nov. 17, 1989. 11/17/89 8/3/90 55 FR 31593 86 RACT for Boston Whaler in Rockland. Amended Plan Approval (4P89006) dated October 19, 1989 and Plan Approval 4P89006 Correction dated November 17, 1989. Non-CTG RACT 11/2/89 11/27/90 55 FR 34915 87 RACT for Philips determination. Lighting Company in Lynn, MA, dated November 2, 1989. RACT............... 7/9/90 2/19/91 56 FR 6569 89 RACT for General Motors Corporation in Framingham. Amended Plan Approval dated June 8, 1990. RACT............... 6/13/90 2/27/91 56 FR 8132 88 RACT for Acushnet Company, Titleist Golf Division, Plant A in New Bedford. Amended Plan Approval dated June 1, 1990. RACT............... 10/16/90 3/20/91 56 FR 11677 90 RACT for Erving Paper Mills. RACT............... 4/22/90 10/8/91 56 FR 50660 91 RACT amendment for Erving. 310 CMR 7.18(17).... RACT............... 5/13/91 12/14/92 57 FR 58993 95 RACT for Dartmouth Finishing Corporation. 310 CMR 7.18(17).... U Reasonable 8/17/89; 1/11/93 58 FR 3495 93 Approval of 310 CMR Available Control 6/7/91 7.18(17), (17)(a), Technology. (17)(b), (17)(c), (17)(d), (17)(e) and (17)(f). 310 CMR 7.18(17).... RACT............... 5/22/92 7/28/94 59 FR 38374 (99) RACT Approval for S. Bent & Bros. 310 CMR 7.18(17).... RACT............... 7/19/93 1/6/95 60 FR 2017 100 RACT Approval for 1993 Nichols & Stone Co. 310 CMR 7.18(17).... Reasonably 3/31/94 3/6/95 60 FR 12125 104 RACT for Brittany Available Control Dyeing and Technology. Finishing of New Bedford, MA. 310 CMR 7.18(17).... Reasonable 2/17/93 9/3/1999 64 FR 48304 c(117) Adds new VOC RACT available control requirements in technology. the Springfield, Mass. ozone nonattainment area only. 310 CMR 7.18(17).... Reasonable 2/17/93 10/4/02 67 FR 62183 129 Approves VOC RACT Available Control requirements for Technology. the eastern Massachusetts ozone nonattainment area. (These requirements were previously approved for the western Massachusetts ozone nonattainment area.) 310 CMR 7.18(17).... Reasonable 10/7/99 10/4/02 67 FR 62183 129 VOC RACT plan Available Control approval for Technology. Gilette. 310 CMR 7.18(17).... Reasonable 10/7/99 10/4/02 67 FR 62183 129 VOC RACT plan Available Control approval for Technology. Norton. 310 CMR 7.18(17).... Reasonable 4/16/99 10/4/02 67 FR 62183 129 VOC RACT plan Available Control approval for Rex. Technology. 310 CMR 7.18(17).... Reasonable 4/16/99 10/4/02 67 FR 62183 129 VOC RACT plan Available Control Available for Technology. Barnet. 310 CMR 7.18(18).... Polystyrene Resin 2/21/86; 8/31/87 52 FR 32792 73 Regulation pursuant Manufacture. 2/25/86; to Group III CTG, 6/23/86 ``Control of VOC Emissions from the Manufacture of Polystyrene Resins''. 310 CMR 7.18(18).... U Polystyrene Resin 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310 Manufacturing 6/7/91 CMR 7.18(18). Technology. 310 CMR 7.18(19).... Synthetic organic 11/5/86; 11/19/87 52 FR 44395 74 chemical 12/10/86 manufacture. 310 CMR 7.18(20).... Emission Control 2/17/93 9/3/1999 64 FR 48304 c(117) Adds new VOC RACT Plans for requirements. implementa-tion of reasonably available control technology. 310 CMR 7.18(21).... Surface coating of 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for plastic parts. plastic parts surface coating. 310 CMR 7.18(22).... Leather surface 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for coating. leather surface coating. 310 CMR 7.18(23).... Wood products 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for surface coating. wood product surface coating. 310 CMR 7.18(24).... Flat wood paneling 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for surface coating. flat wood paneling surface coating. 310 CMR 7.18(25).... Offset lithographic 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for printing. offset lithographic printing. 310 CMR 7.18(26).... Textile finishing 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for textile finishing. 310 CMR 7.18(27).... Coating mixing 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for tanks. coating mixing tanks. 310 CMR 7.18(28).... Automotive 01/09/95 2/14/96 61 FR 5699 109 Reasonably Refinishing. Available Control Technology Requirement (RACT) for automotive refinishing. 310 CMR 7.18(29).... Bakeries........... 03/29/95 7/5/00 65 FR 41346 110 Reasonably Available Control Technology Requirement (RACT) for bakeries. 310 CMR 7.19........ Interim sulfur-in- 9/12/80 3/19/81 46 FR 17551 37 Energy/environment fuel limitations initiative. for fossil fuel utilization facilities pending conversion to an alternate fuel or implementation of permanent energy conservation measures. 12/29/81 4/13/82 47 FR 15790 46 ATF Davidson Company, Northbridge, MA temporary sulfur- in-fuel revision until 12/1/83. 9/28/82 12/1/82 47 FR 54072 52 Polaroid Corp., Waltham, MA temporary sulfur/ in/fuel relaxation until 6/1/85. ......... 6/2/83 48 FR 24689 52 Correction notice. 9/29/82 11/23/82 47 FR 52704 51 Northeast Petroleum Corp., Chelsea, MA sulfur content increase from 0.28 to 0.55 lbs/mBtu heat release potential permanently. 4/4/83 3/23/84 49 FR 11092 59 Stanley Woolen Co., Uxbridge, to burn 2.2% until 9/23/ 86. 10/31/83 3/23/84 49 FR 11091 61 Reed and Barton Silversmiths, Taunton, to burn 2.2% until 9/23/ 86. 11/16/83 7/30/84 49 FR 30306 62 ATF Davidson Company, Northbridge, to burn 2.2% permanently. 2/2/84 6/15/84 49 FR 24723 63 American Biltrite Corporation, Chelsea, to burn 1.0% until 12/15/ 86. 7/11/84 9/25/84 49 FR 37591 67 James River Corporation, Hyde Park Mill, Boston to burn 2.2% until 3/25/87. 2/8/85, 4/1/86 51 FR 11021 68 Phillips Academy, 10/23/85 Andover, MA to burn 2.2% until September 1, 1988. Interim sulfur-in- 2/19/86 8/12/86 51 FR 28814 70 Mary Ellen fuel limitations McCormick and for fossil fuel Malverick Family utilities pending Development conversion to an facilities in the alternative fuel Boston Housing or implementation Authority, Boston of permanent to burn 2.2% until energy February 12, 1989. conservation measures. 5/12/86 11/25/86 51 FR 42565 71 Mission Hill Extension Family Development facility, in the Boston Housing Authority, Boston, MA to burn 2.2% until May 25, 1989. 310 CMR 7.19........ NOX RACT........... 7/15/94 9/2/99 64 FR 48098 119 NOX RACT regulations. 310 CMR 7.19........ NOX RACT........... 10/4/96 9/2/99 64 FR 48098 119 Facility specific NOX RACT for Specialty Minerals, Incorporated. 310 CMR 7.19........ NOX RACT........... 12/2/96 9/2/99 64 FR 48098 119 Facility specific NOX RACT for Monsanto Company's Indian Orchard facility. 310 CMR 7.19........ NOX RACT........... 4/16/99 9/2/99 64 FR 48098 119 Facility specific NOX RACT for Turners Falls Limited Partnership/Indeck Energy Services Turners Falls, Inc., in Montague. 310 CMR 7.19........ NOX RACT........... 4/16/99 9/2/99 64 FR 48099 119 Facility specific NOX RACT for Medusa Minerals Company in Lee. 310 CMR 7.19........ NOX RACT........... 4/16/99 9/2/99 64 FR 48099 119 Approval of the replacement of section 310 CMR 7.19(1)(c)1, (1)(c)8, (2)(b), (3)(a), (3)(c)2, (4)(a)3.b, (7)(a)4, (9), (13)(a), (13)(a)3, (13)(a)9, and (13)(a)13. 310 CMR 7.19 (2)(d). Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds credit bubbling and creation option trading for RACT for NOX RACT sources. sources. 310 CMR 7.19 (2)(g). Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds credit use bubbling and option for NOX trading for RACT RACT sources. sources. 310 CMR 7.19(13)(b). Continuous 11/19/99 12/27/00 65 FR 81747 124 revisions to Emissions regulatory Monitoring Systems. language. 310 CMR 7.19 (14)... Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds bubbling for RACT quantification, sources. testing, monitoring, record keeping, reporting, and emission control plan requirements for averaging NOX RACT sources. 310 CMR 7.24(5)(b)2. Revision to 10/16/89 4/19/90 55 FR 14832 83 gasoline volatility testing regulation. 310 CMR 7.24........ U Organic Material 6/7/91, 6/30/93 58 FR 34911 58 Replacement of 310 Storage and 11/13/92, CMR 7.24, 7.24(1), Distribution. 2/17/93 7.24(2), 7.24(3), and 7.24(4). 310 CMR 7.24(3)..... Distribution of 2/17/93 9/3/1999 64 FR 48304 c(117) Amends distribution motor vehicle fuel. of motor fuel requirements, applicability, recordkeeping and testing requirements. 310 CMR 7.24(6)..... ``Dispensing of 05/17/90, 12/14/92 57 FR 58996 97 Motor Vehicle 06/07/91 Fuel'' (Stage II). 310 CMR 7.24(6)..... Dispensing of motor 2/17/93 9/15/93 58 FR 48318 98 Previous version of vehicle fuel. rule approved as strengthening the Massachusetts SIP. Revised rule being approved as meeting the Clean Air Act requirements. 310 CMR 7.24(6)..... Dispensing Motor 08/09/00 12/18/00 65 FR 78976 116 Rule revised to Vehicle Fuel. 09/11/00 include annual compliance testing and certification. 310 CMR 7.24(8)..... Marine Volatile 10/17/97 4/11/00 65 FR 19326 115 ................... Organic Liquid Transfer. 310 CMR 7.25........ Best available 11/18/94 12/19/95 60 FR 65242 108 Includes controls for architectural consumer and & industrial commercial maintenance products. coatings. 310 CMR 7.25........ Best Available 7/30/96 4/11/00 65 FR 19327 115 Definition of Controls for ``waterproofing Consumer and sealer'' revised. Commercial Products. 310 CMR 7.27........ NOX Allowance 12/19/97 6/2/99 64 FR 29569 (c)(118) Approval of NOx cap Program. and allowance trading regulations 11/19/99 12/27/00 65 FR 81747 124 adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and 7.27(15)(e). 310 CMR 7.28........ NOX Allowance January 12/27/00 65 FR 81747 124 ................... Trading Program. 7, 2000 310 CMR 7.30........ Massport/Logan 12/26/00 March 12, 66 FR 14319 130 Applies to the Airport Parking 2001 parking of motor Freeze. vehicles on Massport property. 310 CMR 7.31........ City of Boston/East 12/26/00 March 12, 66 FR 14319 130 Applies to the Boston Parking 2001 parking of motor Freeze. vehicles within the area of East Boston. 310 CMR 7.33........ City of Boston/ 7/30/93 10/15/96 61 FR 53633 111 Applies to the South Boston parking of motor Parking Freeze. vehicles within the area of South Boston, including Massport property in South Boston. 310 CMR 7.36........ Transit system 12/9/91 10/4/94 59 FR 50498 101 Transit system improvements improvement regulations. regulation for Boston metropolitan area. 310 CMR 7.37........ High occupancy 12/9/91 10/4/94 59 FR 50498 101 High occupancy vehicle lanes vehicle lanes regulation. regulation for Boston metropolitan area. 310 CMR 7.38........ Tunnel vent 1/30/91 10/8/92 57 FR 46312 96 Tunnel ventilation certification certification regulation. regulation for Boston metropolitan area. 310 CMR 7.40........ Low emission 11/15/93 2/1/95 60 FR 6030 103 Substitute for vehicle. 05/11/94 CFFP. 310 CMR 7.40........ Low Emission 12/24/99 12/23/02 67 FR 78181 132 ``Low Emission Vehicle Program. Vehicle Program'' (LEV II) except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6, 310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12) 310 CMR 7.50........ Variances, 9/14/74 10/8/76 41 FR 44395 7 regulations for control of air pollution in the six MA APCDs. 9/14/74 2/4/77 42 FR 6812 7 Correction. 310 CMR 7.51........ Hearings relative 8/28/72 10/28/72 37 FR 23085 4 to orders and approvals. 310 CMR 7.52........ Enforcement 8/28/72 10/28/72 37 FR 23085 4 provisions. 310 CMR 8........... Regulations for the 2/22/72 10/28/72 37 FR 23085 1 prevention and/or abatement of air pollution episode and air pollution incident emergencies. 12/30/76 9/2/77 42 FR 44235 12 Changes significant harm and alert levels. 310 CMR 8.02........ Definitions........ 7/25/90 10/04/02 67 FR 62187 120 Add a definition of PM10. 310 CMR 8.03........ Criteria........... 7/25/90 10/04/02 67 FR 62187 120 Make PM10 the particulate criteria for determining emergeny episodes. 310 CMR 60.02....... Regulations for the 5/14/99 11/15/00 65 FR 68900 122 Replaces enhanced Motor requirements for I/ Vehicle Inspection M tests with and Maintenance enhanced I/M test Program. requirements. 540 CMR 4.00........ Periodic Annual 5/13/99 11/15/00 65 FR 68900 122 Revises Staggered Safety Requirements for and Emissions Inspections and Inspection of Enforcement of I/M Motor Vehicles. Program ---------------------------------------------------------------------------------------------------------------- Notes: 1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this date. 2. The regulations are effective statewide unless stated otherwise in comments or title section. [49 FR 49454, Dec. 20, 1984] Editorial Note: For Federal Register citations affecting §52.1167, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1168 Certification of no sources. top The Commonwealth of Massachusetts has certified to the satisfaction of EPA that no sources are located in the Commonwealth which are covered by the following Control Techniques Guidelines: (a) Large Petroleum Dry Cleaners. (b) Natural Gas/Gasoline Processing Plants. (c) Air Oxidation Processes/SOCMI. (d) Polypropylene/Polyethylene Manufacturing. [52 FR 32792, Aug. 31, 1987] § 52.1168a Part D—Disapproval of Rules and Regulations. top On December 30, 1985, the Massachusetts Department of Environmental Quality Engineering (DEQE) submitted a revision to the Massachusetts State Implementation Plan (SIP) for the automobile surface coating regulation. This revision requested an extension of the final compliance dates to implement reasonably available control technology (RACT) on topcoat and final repair applications. As a result of EPA's disapproval of this revision, the existing compliance date of December 31, 1985 specified in the automobile surface coating regulation contained in the Massachusetts SIP will remain in effect (Massachusetts Regulation 310 CMR 7.18(7) as approved by EPA and codified at 40 CFR 52.1120(c)(30) and (53)). [53 FR 36014, Sept. 16, 1988] § 52.1169 Stack height review. top The Commonwealth of Massachusetts has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion technique as defined in EPA's stack height regulations, as revised on July 8, 1985. This declaration was submitted to EPA on April 8, 1986. The commonwealth has further declared in a letter from Bruce K. Maillet, dated June 24, 1986, that, “[A]s part of our new source review activities under the Massachusetts SIP and our delegated PSD authority, the Department of Environmental Quality Engineering will follow EPA's stack height regulations, as revised in the Federal Register on July 8, 1985 (50 FR 27892).” Thus, the Commonwealth has satisfactorily demonstrated that its regulations meet 40 CFR 51.118 and 51.164. [52 FR 49407, Dec. 31, 1987] Subpart X—Michigan top § 52.1170 Identification of plan. top (a) Title of plan: “Implementation Plan for the Control of Suspended Particulates Sulfur Oxides, Carbon Monoxide, Hydrocarbons, Nitrogen Oxides, and Photochemical Oxidants in the State of Michigan.” (b) The plan was officially submitted on February 3, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Re-evaluation of control strategies for Berrien and Ingham Counties were submitted on March 3, 1972, by the State Air Pollution Office. (2) Amendments to the Michigan air pollution rules for the control of SO2 emissions (Part 3) and the prevention of air pollution episodes (Part 6) submitted by the Governor on March 30, 1972. (3) An amendment to the Grand Rapids air pollution ordinance (section 9.35 and section 9.36) was submitted on May 4, 1972, by the Grand Rapids Department of Environmental Protection. (4) Reasons and justifications concerning general requirements of control strategy for nitrogen dioxide, compliance schedules, and review of new sources and modifications submitted on July 12, 1972, by the Governor. (5) A letter from the State Department of Public Health submitted on July 24, 1972, described how emissions data would be made available to the public. (6) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on February 16, 1973. (7) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on May 4, 1973. (8) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on September 19, 1973. (9) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on October 23, 1973. (10) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on December 13, 1973. (11) Air Quality Maintenance Area identifications were submitted on June 27, 1974, by the State of Michigan Department of Natural Resources. (12) Air Quality Maintenance Area identifications were submitted on October 18, 1974, by the State of Michigan Department of Natural Resources. (13) Provisions to disapprove an installation permit if the applicant source would interfere with the attainment or maintenance of national air quality standards were submitted by the Governor on January 25, 1974. (14) Order extending the final compliance dates for meeting the sulfur dioxide emission limitation was submitted by the Michigan Department of Natural Resources for the Karn, Weadock and Cobb Plant Units of the Consumers Power Co. (15) Order extending compliance date for meeting the sulfur dioxide emission limitation was submitted by the State of Michigan Department of Natural Resources for the Detroit Edison Company, Monroe County Plant on December 12, 1977. (16) On April 25, 1979, the State submitted its nonattainment area plan for areas designated nonattainment as of March 3, 1978 and as revised on October 5, 1978. This submittal contained Michigan's Part D attainment plans for particulate matter, carbon monoxide, sulfur dioxide, transportation and new source review, plus a copy of Michigan's existing and proposed regulations. USEPA is not taking action at this time to include in the federally approved SIP certain portions of the submittal: Provisions in R 336.1310 concerning open burning; 336.1331, insofar as it may pertain to process sources in the iron and steel category and site specific revisions; 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356 and 1357 as they pertain to specific iron and steel source operations; Part 5, Extension of Sulfur Dioxide Compliance Date for Power Plants Past January 1, 1980; Part 7, Emission Limitations and Prohibitions—New Sources of Volatile Organic Compound Emissions; R336.1701–1710 controlling minor sources of volatile organic compounds; Part 11, Continuous Emission Monitoring; Part 13, Air Pollution Episodes; Part 16, Organization and Procedures; and Part 17, Hearings. (17) On October 12, 1979, the State submitted comments and commitments in response to USEPA's notice of proposed rulemaking. (18) On January 9, 1980, the State submitted a copy of the finally adopted rules of the Commission. These rules became fully effective on January 18, 1980. These finally adopted rules are identical to the rules submitted on April 25, 1979, as part of Michigan's Part D nonattainment area plan except for a modification in the numbering system. Paragraph (c)(16) of this subpart identifies those rules on which USEPA has not taken action. (19) On February 6, 1980, the State submitted the visible emission test method for stationary sources referenced in Rule 336.1303 as being on file with the Michigan Air Pollution Control Commission. On March 7, 1980, the State submitted clarifications to the visible emissions test method. (20) On March 31, 1980, the State submitted revisions to the conditional approval schedules for total suspended particulates. (21) On July 25, 1979, the State submitted the official ozone attainment plan as part of the State Implementation Plan. (22) On October 26, 1979, the State submitted comments and revisions to the transportation plans and vehicle inspection/maintenance portions of the State Implementation Plan for ozone in response to USEPA's notice of proposed rulemaking (45 FR 47350). (23) On November 8, 1979, the State submitted revisions to the ozone attainment plan. (24) On December 26, 1979, the State submitted comments and additional information from the lead local agencies on the transportation control plans for the Flint, Lansing, Grand Rapids and Detroit urban areas. (25) On May 12, 1980, the State submitted corrections and comments in response to USEPA's notice of proposed rulemaking (45 FR 25087). (26) On March 20, 1980, the State submitted commitments and additional revisions to the Inspection/Maintenance program for the Detroit urban area. (27) On February 23, 1979, compliance schedules were submitted by the State of Michigan, Department of Natural Resources to USEPA for the Detroit Edison, St. Clair Power Plant. Additional material concerning the Final Order issued to the Detroit Edison, St. Clair Power Plant was submitted on June 17, 1979 and August 14, 1979. (28) On August 22, 1979, the State of Michigan submitted to USEPA an Administrative Order, for the Lansing Board of Water and Light (Order No. 4–1979, adopted May 23, 1979). In letters dated February 13, 1980 and April 1, 1980, the State of Michigan withdrew certain paragraphs (sections A, B, C1, D, E, F, and G) of the Order from consideration by USEPA. (29) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources to USEPA on October 26, 1979, for the Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 08–1979, adopted October 17, 1979). (30) On July 26, 1979, the State of Michigan submitted to USEPA a revision to Rule 336.49 for the Consumers Power Company's J. H. Campbell Plant. The revision is a Final Order (No. 05–1979) extending the compliance date until January 1, 1985 for the Campbell Plant to meet the sulfur dioxide emission limitations in Rule 336.49. On February 14, 1980, the State of Michigan submitted to USEPA an amendment to Order No. 05–1979. (31) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources to USEPA on November 13, 1979, for the S. D. Warren Company, Muskegon County (Michigan Final Order, No. 09–1979, adopted October 31, 1979). (32) On December 19, 1979, the State of Michigan submitted a revision to provide for modification of the existing air quality surveillance network. (33) On December 10, 1979, the State of Michigan submitted to USEPA a Final Order (APC No. 6–1979) issued by the Michigan Air Pollution Control Commission to the Consumers Power Company B.C. Cobb Plant. The Order requires the source to utilize 2.5% sulfur on an annual basis until January 1, 1985 when the company must meet the sulfur dioxide (SO2) emission limitation in Michigan Rule 336.1401. (34) On January 8, 1980, the State of Michigan submitted to USEPA a Final Order (APC No. 14–1979) requested of the Michigan Air Pollution Control Commission (MAPCC) by the Union Camp Corporation in Monroe County, Michigan. The Order permitted the Union Camp Corporation to burn 2.7% sulfur fuel on an annual average and 4.0% sulfur fuel on a daily average between January 1, 1980 and July 1, 1980. Beginning July 1, 1980 until July 1, 1982 the Company is permitted to burn 2.5% sulfur fuel on an annual average and 4.0% sulfur fuel daily average. Beginning July 1, 1982 until January 1, 1985, the Company is allowed to burn 2.2% sulfur fuel annual average and 3.5% sulfur fuel daily average. After January 1, 1985; the Company has agreed to comply with the SO2 emission limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401. (35) On August 4, 1980 and August 8, 1980, the State of Michigan submitted to EPA additional information on the transportation control plan for the Niles, Michigan urbanized area. (36) On January 10, 1980, the State of Michigan submitted to USEPA a Final Order (APC No. 16–1979) issued by the Michigan Air Pollution Control Commission to the Northern Michigan Electric Cooperative Advance Steam Plant. The Order allows the source to continue burning 2.0% sulfur coal (maximum daily average) until January 1, 1985 when the Company must meet the sulfur dioxide (S02) emission limitations in Michigan Rule 336.1401. (37) On November 26, 1980, the State submitted a schedule to correct plan deficiencies cited by USEPA in its September 9, 1980 notice of proposed rulemaking on a portion of Michigan's Part D TSP control strategy pertaining to iron and steel sources. On April 1, 1981, the State submitted a revised schedule. USEPA has not taken action on the schedule submitted by the State. (38) On April 10, 1981 the Governor of Michigan committed to annually administer and submit the questionnaire developed for the purposes of section 128. (39) On July 28, 1980, the State of Michigan submitted to EPA, as revisions to the Michigan SIP, amendments to Rules 283 and 610 of the Michigan Air Pollution Control Commission. (40) Revised compliance schedules were submitted by the State of Michigan, Department of Natural Resources (MDNR) to EPA on January 14, 1981, for the Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 16—1980, adopted November 19, 1980). The revised Order provides an earlier final compliance date of December 31, 1980 for reducing the particulate matter emissions to 0.20 pounds per 1,000 pounds of exhaust gases and December 31, 1981 for visible emission reductions from the Company's cement kilns. (41) On April 25, 1979, the State submitted materials which satisfy the intergovernmental consultation process. (42) On July 28, 1980, the State submitted an amendment to Michigan Air Pollution Control Commission Rule 221 which exempts minor sources of particulate matter and sulfur dioxide from the offset requirements. (43) On August 25, 1981, the State of Michigan, Department of Natural Resources (MDNR), submitted to EPA Consent Order No. 16–1981 for the Marathon Oil Company in Muskegon County. Consent Order No. 16–1981 satisfies USEPA's conditional approval of R336.1603 by providing detailed compliance schedules containing the increments of progress required by 40 CFR 51.15. (44) On September 1, 1981, the State of Michigan, Department of Natural Resources (MDNR) submitted to USEPA a revision to its R336.1220 requiring offsets in ozone nonattainment areas to exempt the same compounds listed in EPA's Federal Register of July 22, 1980 (45 FR 48941). The revised R336.1220 also allows offsets of emissions for new sources in any of the seven counties in the southeastern Michigan ozone nonattainment area to be obtained from any of those counties, not just the county in which the new source is locating (Wayne, Oakland, Macomb, St. Clair, Washtenaw, Livingston, and Monroe). (45) On May 24, 1980, the State of Michigan, Department of Natural Resources (MDNR) submitted Consent Order APC No. 10–1979 for the Buick Motor Division Complex (BMDC) of the Buick Motors Division, General Motors Corporation. The BMDC is located in the City of Flint, Genesee County, a primary nonattainment area. On December 2, 1980, supplementary information was submitted by MDNR. The Consent Order contains enforceable emission limitations and control measures for the attainment of the primary TSP standards in Genesee County by December 31, 1982. (46) On July 17, 1980, the State of Michigan, Department of Natural Resources (MDNR) submitted Consent Order APC No. 01–1980 for the Grey Iron Casting Plant and the Nodular Iron Casting Plant, of the Chevrolet Motor Division, General Motors Corporation. The two plants are located in Saginaw County, a primary nonattainment area. On September 5, 1980 and February 6, 1981, supplementary information was submitted by MDNR. The Consent Order contains enforceable emission limitations and control measures for the attainment of the primary TSP standards in Saginaw County by December 31, 1982. (47) On March 4, 1981, the State of Michigan, Department of Natural Resources (MDNR) submitted Consent Order APC No. 12–1980 for the New Haven Foundry located in Macomb County, a secondary nonattainment area. The Consent Order contains enforceable emission reductions to achieve the secondary TSP standards by June 30, 1985. (48) On May 1, 1981, the State of Michigan, through the Department of Natural Resources, submitted Consent Order 07–1981 for the Detroit Edison Company, Boulevard Heating Plant located in the City of Detroit, Wayne County. Under Michigan Rule 336.1331(1)(a), the plant was restricted to a particulate emission limit of 0.45 pounds of particulate per 1000 pounds flue gas or an equivalent of 410 tons per year. The Consent Order, pursuant to Michigan Rule 333.1331(1)(d), establishes a new limitation for the Boulevard Plant of 0.65 pounds per 1000 pounds of flue gas with a daily limit of 0.9 tons per day and 10 tons per year. Pursuant to the provisions of 5 U.S.C. 605(b), the Administrator certified on January 27, 1981 (46 FR 8709) that the attached rule will not have a significant economic impact on a substantial number of small entities. (49) On March 7, 1980 and April 21, 1981 the State of Michigan submitted particulate studies for the Detroit area. These studies satisfy EPA's conditional approval and the State's commitment. (50) On October 22, 1981, the State of Michigan submitted as a SIP revision Consent Order No. 17–1981, between Conoco, Inc., and the Michigan Air Pollution Control Commission. The Consent Order establishes a compliance schedule for Conoco, Inc. to achieve the Volatile Organic Compounds (VOC) limitations in R336.1609 by December 31, 1982. (51) On December 27, 1979, the State of Michigan, Department of Natural Resources (MDNR), submitted to EPA a revision to the State Implementation Plan (SIP) for Lead. On February 9, 1981, the State of Michigan submitted a letter clarifying provisions of its Lead SIP. The SIP provides for the implementation of measures for controlling lead emissions for the attainment and maintenance of the national ambient air quality standards for lead in Michigan by October 31, 1982. (52) On June 26, 1981, the State of Michigan, Department of Natural Resources, submitted to EPA Consent Order No. 12–1981 for controlling particulate emissions from the liquid waste incinerator in Building 830 at the Dow Chemical Company's Midland plant. The Consent Order provides a schedule which establishes a final particulate emissions compliance date of October 1, 1982. (53) On August 24, 1981, the State of Michigan, Department of Natural Resources, submitted to EPA Consent Order APC No. 19–1981 for controlling particulate emissions from Dow's West Side and South Side powerplants. On October 16, 1981, the State of Michigan submitted a letter to EPA clarifying specific sections intended for EPA's rulemaking action. All particulate emission sources at Dow must comply with various parts of Michigan's SIP by December 31, 1985. The Consent Order does not interfere with the attainment of the primary particulate NAAQS standard by December 31, 1982 or the secondary particulate NAAQS by October 1, 1984. (54) On December 16, 1981, the State of Michigan submitted to EPA Consent Order APC No. 21–1981 for the Monitor Sugar Company. Consent Order APC No. 21–1981 provides for additional controls on its coal-fired boilers, 1, 2, 3, and 4 and establishes a final compliance date of October 15, 1982 for attaining the primary National Ambient Air Quality Standards. (55) On January 7, 1982, the State of Michigan submitted to EPA Consent Order APC No. 23–1981 for the Traverse City Board of Light and Power. Consent Order APC No. 23–1981 limits the company's operation of its No. 1 and No. 2 coal-fired boilers after December 31, 1982; provides for additional controls on its No. 4 coal-fired boiler; and establishes a final compliance date of December 31, 1982. (56) On September 2, 1981, the State of Michigan submitted a revision to the ozone plan consisting of RACT requirements for the control of volatile organic compound emissions from stationary industrial sources (Group II) referenced in Rules R336.1101–3, 5–9, 14–16, 18–21, 23; R336.1601, 3–4, 10, 19–27; and R336.2005. (57) On March 3, 1982, the State of Michigan submitted a modification to its schedule for submitting by December 31, 1982 regulations developed to correct the State's deficiencies in its Part D State Implementation Plan for the attainment of the total suspended particulate air quality standards in its nonattainment areas containing iron and steel sources. (58) On December 16, 1981, the State of Michigan submitted as a SIP revision consent order APC No. 18–1981 between General Motors Warehousing and Distribution Division and the Michigan Air Pollution Control Commission. On March 16, 1982, Michigan submitted an amendment to consent order APC No. 18–1981. The Consent Order provides a one year extension from October 15, 1982 until October 15, 1983 for the Company's No. 1 and No. 2 boilers and establishes a compliance date of October 15, 1981, for boilers 3 and 4. The Consent Order contains a schedule for compliance which specifies emission limits of 0.45 pounds of particulate per 1,000 pounds of gas as required in Michigan's rule 336.1331(c) Table 31. (59) [Reserved] (60) On April 5, 1982, the State of Michigan submitted Consent Order APC No. 02–1980 along with alterations to Section 5(D) of the Consent Order for the Hayes-Albion foundry in Calhoun County. The Consent Order contains control measures beyond the present requirements of Michigan's R336.1301 and R336.1331 for Total Suspended Particulate (TSP) emissions and evaluation methods for determining significant particulate emission sources from the foundry. On June 18, 1982, the State of Michigan also submitted a Fugitive Dust Control Plan and a Malfunction Abatement Plan for the Hayes-Albion foundry. On September 21, 1982, the State of Michigan formally submitted Permits 314–79 and 375–79 for the American Colloid Plant. (61) On March 6, 1981, the State of Michigan submitted as a SIP revision general rules for fugitive dust control. These rules were approved by the Michigan Air Pollution Control Commission on January 20, 1981, and became effective at the State level on February 17, 1981. On January 25, 1982, May 3, 1982, and August 24, 1982, Michigan submitted additional information and commitments. The submittal of March 6, 1981, along with the additional information and commitments satisfies the State's commitment to submit industrial fugitive dust regulations that represent reasonably available control techniques for industrial fugitive dust sources. (62) On July 28, 1982, the State of Michigan submitted Consent Order No. 06–1981 for the Clark Oil and Refining Corporation for volatile organic compound (VOC) emissions. This revision is a detailed compliance schedule containing increments of progress with a final compliance date of December 31, 1982 and an emission limitation of 0.7 pound of organic vapor per 1000 gallons of organic compound load. (63) On September 8, 1982, the State of Michigan submitted as a SIP revision Consent Order No. 03–1982, between the Hydra-Matic Division, General Motors Corporation and the Michigan Air Pollution Control Commission. The Consent Order establishes a compliance schedule containing increments of progress dates and a final date of November 1, 1982 for Boiler No. 5 to comply with Michigan's R336.331. (64) On September 21, 1982, the State of Michigan submitted as a SIP revision Consent Order No. 13–1982, between the Diamond Crystal Salt and the Michigan Air Pollution Control Commission, the Consent Order establishes a compliance schedule containing increments of progress dates and a final date of December 18, 1982 for Boiler No. 5 to comply with Michigan's R336.331. (65) [Reserved] (66) On September 8, 1982, the State of Michigan submitted as a State Implementation Plan (SIP) revision consent order No. 08–1982, between the General Motors, Buick Motor Division and the Michigan Air Pollution Control Commission. The Consent Order establishes a Volatile Organic Compound (VOC) emissions compliance schedule as required under Michigan's Rule 336.1603 and 336.1610, and extends the final compliance date for surface coating operations until December 31, 1987. On November 29, 1982, and March 10, 1983, the State submitted additional information. (67) On September 8, 1982, the State of Michigan submitted Consent Order No. 09–1982, between the General Motors, Fisher Body Division and the Michigan Air Pollution Control Commission as a State Implementation Plan (SIP) revision. The Consent Order establishes a Volatile Organic Compound (VOC) emission compliance schedule as required under Michigan's Rule 336.1603 and 336.1610, and extends the compliance date for surface coating operations until December 31, 1987. On November 29, 1982, and March 10, 1983, the State submitted additional information. (68) On September 8, 1982, the State of Michigan submitted as a State Implementation Plan (SIP) revision Consent Order No. 10–1982, between Chevrolet Truck Assembly and the Michigan Air Pollution Control Commission. The Consent Order establishes a Volatile Organic Compound (VOC) emission compliance schedule as required under Michigan's Rule 336.1603 and 336.1610, and extends the compliance date for surface coating operations until December 31, 1987. On November 29, 1982, and March 10, 1983, the State submitted additional information. (69) On September 8, 1982, the State of Michigan submitted as a State Implementation Plan (SIP) revision Consent Order No. 11–1982, between the General Motors Fisher Body Division, Fleetwood Plant and the Michigan Air Pollution Control Commission. On March 10, 1983, the State submitted additional information for this SIP revision. The Consent Order establishes a Volatile Organic Compound (VOC) emissions compliance schedule as required under Michigan's Rules 336.1603 and 336.1610, and extends the final compliance date for surface coating operations until December 31, 1987. (70) On September 8, 1982, the State of Michigan submitted as a State Implementation Plan (SIP) revision Consent Order No. 12–1982, between the General Motors, Cadillac Motors Car Division and the Michigan Air Pollution Control Commission. On March 10, 1983, the State submitted additional information for this SIP revision. The Consent Order establishes a Volatile Organic Compound (VOC) emission compliance schedule as required under Michigan's Rule 336.1603 and R336.1610, and extends the compliance date for surface coating operations until December 31, 1987. (71) On September 1, 1982, the State of Michigan submitted a request to reduce the size of the ozone demonstration area for Southeast Michigan from the seven-county area of Wayne, Oakland, Macomb, Livingston, Monroe, St. Clair and Washtenaw to a three-county area consisting of Wayne, Oakland, and Macomb Counties. (72) On November 18, 1982, the State of Michigan submitted Consent Order APC No. 06–1980, along with alterations for the General Motors Corporation (GMC) Central Foundry Division, Saginaw Malleable Iron Plant in the City of Saginaw, County of Saginaw as a revision to the Michigan SIP. Consent Order No. 06–1980, as amended, reflects an interim and final particulate emission limit more stringent than Michigan's rule 336.1331; extends the final date of compliance with Michigan's Rule 336.1301 for opacity on the oil quench facilities from December 31, 1982, to December 15, 1983, which is as expeditiously as practicable and before the July 31, 1985, attainment date for the secondary TSP NAAQS in Michigan. (73) On June 30, 1983, the State of Michigan submitted as a State Implementation Plan (SIP) revision. Consent Order No. 4–1983 between the General Motors Corporation's Oldsmobile Division and the Michigan Air Pollution Control Commission. The Consent Order establishes a Volatile Organic Compound (VOC) emissions compliance schedule as required under Michigan's Rule 336.1603 and 336.1610, and extends the final compliance dates for prime, primer-surfacer, topcoat, and final repair operations until December 31, 1987. (74) On June 30, 1983, the State of Michigan submitted as a State Implementation Plan (SIP) revision. Consent Order No. 5–1983, between the General Motors Corporation's Assembly Division and the Michigan Air Pollution Control Commission. The Consent Order established a Volatile Organic Compound (VOC) emission compliance schedule as required under Michigan's Rule 336.1603 and R336.1610, and provides interim compliance limits to be achieved by December 31, 1984, and extends the final compliance dates for topcoating and final repair coating operations until December 31, 1987. (75) On October 4, 1983, the State of Michigan submitted: (1) A revised Consent Order APC No. 12–1979 between CWC Castings Division of Textron and the Michigan Air Pollution Control Commission and (2) Article 14, Section J of the Muskegon County APC Rules. Consent Order APC No. 12–1979 requires reductions of point source emissions and fugitive emissions and extends the installation schedule of specified control devices to December 31, 1984. Article 14, Section J, provides a ban on open residential and leaf burning in Muskegon County. EPA approves the additional control measures contained in Consent Order APC No. 12–1979 and the open burning ban. EPA takes no action on the overall approval of Michigan's Part D secondary nonattainment area for Muskegon County. (76) On August 24, 1983, the State of Michigan submitted a State Implementation Plan (SIP) revision request for an extension of the compliance date for Boiler No. 2 for the General Motors Corporation Warehousing and Distribution Division, in Swartz Creek County. Consent Order No. 18–1981 extends the compliance date until October 15, 1985 for GMC to install mechanical collectors on Boiler No. 2. (77) On March 8, 1984, the State of Michigan submitted a report which demonstrated that Rule 336.1606 contains emission limits equivalent to Reasonable Available Control Technology (RACT) for Wayne, Oakland and Macomb Counties. Therefore, USEPA remove its conditional approval of Rule 336.1606 and fully approves the State's rule. (78) On September 6, 1984, the State of Michigan submitted a revision to the Michigan State Implementation Plan for the General Motors Corporation Buick Motor Division in the form of an Alteration of Stipulation for Entry of Consent Order and Final Order, No. 8–1982. The original Consent Order No. 8–1982 was federally approved on July 6, 1983. This alteration revises Consent Order No. 8–1982, in that it accelerates the final compliance dates for prime and prime-surfacer operations and extends an interim compliance date for topcoat operations. (i) Incorporation by reference. (A) State of Michigan, Air Pollution Control Commission, Alteration of Stipulation for Entry Consent Order and Final Order SIP No. 8–1983, which was approved by the Air Pollution Control Commission on April 2, 1984. (B) Letter of September 6, 1984, from the State of Michigan, Department of Natural Resources, to EPA. (79) On December 2, 1983, USEPA proposed to withdraw its approval of Michigan's fugitive dust regulations. On April 25, 1985, the State of Michigan submitted revised Rule 336.1371, existing Rule 336.1372, and new Rule 336.1373. However, they did not meet the requirements of Part D of section 172(b); and USEPA, therefore, withdrew its approval of these submittals, disapproved these submittals, and instituted new source restrictions for major sources in the Michigan primary Total Suspended Particulate (TSP) nonattainment areas on August 20, 1985. USEPA incorporates revised Rule 336.1371 and newly submitted Rule 336.1373 into the Michigan State Implementation Plan because they provide a framework for the development of fugitive dust control programs at the State level in Michigan. USEPA retains Rule 336.1372, which is already incorporated into the Michigan SIP, insofar as it applies to sources in TSP attainment areas. This paragraph supercedes paragraph (C)(61) of this section. (i) Incorporation by reference. (A) Michigan Department of Natural Resources Rules 336.1371 and 336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985. (80) On July 27, 1983, the State of Michigan submitted Consent Order No. 08–1983 for the General Motors Corporation Central Foundry Division's Saginaw Malleable Iron Plant, as a revision to the Michigan State Implementation Plan for Total Suspended Particulates. Consent Order No. 08–1983 amends control strategy provisions of federally approved (November 18, 1982 and August 15, 1983) Consent Order No. 06–1980 and its alteration. (i) Incorporation by reference. (A) Stipulation for Entry of Consent Order and Final Order No. 08–1983 for the General Motors Corporation Central Foundry Division's Saginaw Malleable Iron Plant amending Control Strategy Provisions issued June 9, 1983. (81) On October 1, 1984, the State of Michigan submitted the Stipulation for Entry of Consent Order and Final Order, SIP No. 12–1984, between the Consumer Power Company's J.H. Campbell and the Michigan Air Pollution Control Commission as a revision to the Michigan SO2 SIP. Consent Order No. 12–1984 provides a 3-year compliance date extension (January 1, 1985, to December 31, 1987) for the J.H. Campbell Units 1 and 2 to emit SO2 at an allowable rate on a daily basis of 4.88 lbs/MMBTU in 1985, 4.78 lbs/MMBTU in 1986, and 4.68 lbs/MMBTU in 1987. (i) Incorporation by reference. (A) October 1, 1984, Stipulation for Entry of Consent Order and Final Order, SIP No. 12–1984, establishing interim daily average SO2 emission limitations and quarterly average limits on percent sulfur is fuel fired. (82) The State of Michigan submitted negative declarations for several volatile organic compound source categories, as follows: October 10, 1983—Large petroleum dry cleaners; May 17, 1985—High-density polyethylene, polypropylene, and polystyrene resin manufacturers; June 12, 1985—Synthetic organic chemical manufacturing industry sources (SOCMI) oxidation. (i) Incorporation by reference. (A) Letters dated October 10, 1983, May 17, 1985, and June 12, 1985, from Robert P. Miller, Chief, Air Quality Division, Michigan Department of Natural Resources. The letter dated June 12, 1985, includes pages 2–119 and 2–120 from the revised 1982 Air Quality Implementation Plan for Ozone and Carbon Monoxide in Southeast Michigan. (83) On September 16, 1985, the State of Michigan submitted a SIP revision requesting alternate opacity limits for the Packaging Corporation of America (PCA) bark boiler. The request is in the form of a Stipulation for Entry of Consent Order and Final Order (No. 23–1984). The Consent Order contains an extended schedule for the PCA's bark boiler to comply with Michigan's Rule 336.1301. (i) Incorporation by reference. (A) Stipulation for Entry of Consent Order and Final Order No. 23–1984 for the Packaging Corporation of America, approved on July 8, 1985. (84) On April 29, 1986, the State of Michigan submitted a revision to the Michigan State Implementation Plan (SIP) for total suspended particulates (TSP). The revision, in the form of Air Pollution Control Act (APCA) No. 65, revises the State's 1965 APCA No. 348 contained in the TSP portion of the Michigan SIP with respect to: car ferries having the capacity to carry more than 110 motor vehicles; and coal-fired trains used in connection with tourism. (i) Incorporation by reference. (A) Act No. 65 of the Public Acts of 1986, as approved by the Governor of Michigan on March 30, 1986. (85) On April 25, 1979, the State of Michigan submitted as revisions to the Air Quality Implementation Plan, Michigan Department of Natural Resources Air Pollution Control Commission General Rules for Open Burning; Continuous Emission Monitoring; Air Pollution Episodes; Organization, Operation and Procedures; and Hearings. (i) Incorporation by reference. (A) R 336.1310, Open Burning, effective January 18, 1980. (B) R 336.2101–3, R 336.2150–5, R 336.336–2159, R 336.2170, R336.2175–6, R 336.2189–90, and R 336.2199; Continuous Emission Monitoring, effective January 18, 1980. (C) R 336.2301–8, Air Pollution Episodes, effective January 18, 1980. (D) R 336.2601–8, Organization, Operating, and Procedures, effective January 18, 1980. (E) R 336.2701–6, Hearings, effective January 18, 1980. (86) On May 25, 1988, the State of Michigan submitted an SIP revision in the form of an addendum to the State's Rule 336.1122, effective at the State level on May 20, 1988. The amendment will allow coating companies to exclude methyl chloroform from the VOC emission calculation when it is not technically or economically reasonable. This exemption applies only to the surface coating operations that are subject to Part 6 (Emission Limitations and Prohibitions—Existing Sources of VOC Emissions) or Part 7 (Emission Limitations and Prohibitions—New Sources of VOC Emissions) of the State's regulations. (i) Incorporation by reference. (A) R336.1122, Methyl Chloroform; effective at the State level on May 20, 1988. (87)–(89) [Reserved] (90) On December 17, 1987, the State of Michigan submitted to USEPA a revision to the Michigan State Implementation Plan for the Continental Fiber Drum, Inc., which limits volatile organic compound emissions from the surface coating operations at the facility. (i) Incorporation by reference. (A) State of Michigan, Air Pollution Control Commission, Stipulation for Entry of Consent Order and Final Order No. 14–1987, which was adopted by the State on December 9, 1987. (B) Letter of December 17, 1987, from the State of Michigan, Department of Natural Resources to USEPA. (91) On May 17, 1985, the State submitted revised rules for the control of particulate matter from iron and steel sources and from other sources in Michigan. These rules were submitted to fulfill conditions of USEPA's May 22, 1981, approval (46 FR 27923 of the State's part D total suspended particulates (TSP) State Implementation Plan (SIP). USEPA is approving these revised rules in the Michigan submittal except for the following provisions: The quench tower limit in rule 336.1331, Table 31, Section C.8, because allowing water quality limits to apply only to makeup water is a relaxation; the deletion of the limit in rule 336.1331 for coke oven coal preheater equipment, because it is a relaxation, and rule 336.1355, because it provides an unlimited exemption for emissions from emergency relief valves in coke oven gas collector mains. (i) Incorporation by reference. (A) Revision to parts 1, 3, and 10 of Michigan's administrative rules for air pollution control (Act 348 of 1967, as amended) as adopted by the Michigan Air Pollution Control Commission on December 18, 1984. These rules became effective in Michigan on February 22, 1985. (92) On October 10, 1986, the State of Michigan supported portions of the revised Wayne County Air Pollution Control Division Air Pollution Control Ordinance as approved by Wayne County on September 19, 1985, as a revision to the Michigan State Implementation Plan. (i) Incorporation by reference. (A) Chapters 1, 2, 3, 5 (except for the portions of Chapter 5, section 501, of the Wayne County Ordinance which incorporate by reference the following parts of the State rules: The quench tower limit in Rule 336.1331, Table 31, Section C.8; the deletion of the limit in Rule 336.1331 for coke oven coal preheater equipment; and Rule 336.1355), 8 (except section 802), 9, 11, 12, 13 and appendices A and D of the Wayne County Air Pollution Control Division (WCAPCD) Air Pollution Control Ordinance as approved by WCAPCD on September 19, 1985. (93) On November 16, 1992, the Michigan Department of Natural Resources submitted Natural Resources Commission Rule 336.202 (Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 Michigan Air Pollution Reporting Forms, Reference Tables, and General Instructions as the States emission statement program. Natural Resources Commission Rule 336.202 (Rule 2) became effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became effective July 23, 1965. (i) Incorporation by reference. (A) Natural Resources Commission Rule 336.202 (Rule 2) became effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became effective July 23, 1965. (94) On November 13, 1992, January 8, 1993, and November 12, 1993, the State of Michigan submitted a Small Business Stationary Source Technical and Environmental Assistance Program for incorporation in the Michigan State Implementation Plan as required by section 507 of the Clean Air Act. (i) Incorporation by reference. (A) Small Business Clean Air Assistance Act, Act No. 12, Public Acts of 1993, approved by the Governor on April 1, 1993, and effective upon approval. (95) On November 15, 1993, the State of Michigan requested revision to the Michigan State Implementation Plan (SIP) to incorporate miscellaneous technical rule changes that the State had made effective April 20, 1989. (i) Incorporation by reference. (A) Michigan Air Pollution Control Rules: R 336.1107 (except paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R 336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705, effective April 20, 1989. (96) Revisions to the Michigan Regulations submitted on June 12, 1993 and November 12, 1993 by the Michigan Department of Natural Resources: (i) Incorporation by reference. (A) Revisions to the following provisions of the Michigan Air Pollution Control Commission General Rules filed with the Secretary of State on April 12, 1993 and effective on April 27, 1993: (1) R 336.1101 Definitions; A—Revised definitions of the following terms: actual emissions, air-dried coating, air quality standard, allowable emissions and alternate opacity. (2) R 336.1103 Definitions; C—Added definition of coating category. Revised definitions of the following terms: calendar day, class II hardboard paneling finish, coating line, coating of automobiles and light-duty trucks coating of fabric, coating of large appliances, coating of paper, coating of vinyl, component, component in field gas service, component in gaseous volatile organic compound service, component in heavy liquid service, component in light liquid service, component in liquid volatile organic compound service, condenser, conveyorized vapor degreaser, and creditable. (3) R 336.1105 Definitions; E—Added definition of the term extreme environmental conditions. Revised definitions of the following terms: electrostatic prep coat, equivalent method and extreme performance coating. (4) R 336.1116 Definitions; P—Revised definitions of the following terms: packaging rotogravure printing, printed interior panel, process unit turnaround, publication rotogravure printing and pushside. Deleted definition of the term pneumatic rubber tire manufacturing. (5) R 336.1122 Definitions; V—Added definition of the term vapor collection system. Revised definitions of the following terms: very large precipitator and volatile organic compound. (6) R 336.1602 General provisions for existing sources of volatile organic compound emissions (entire rule). (7) R 336.1610 Existing coating lines; emission of volatile organic compounds from exiting automobile, light-duty truck, and other product and material coating lines (entire rule). (8) R 336.1611 Existing cold cleaners (entire rule). (9) R 336.1619 Perchloroethylene; emission from existing dry cleaning equipment (entire rule). (10) R 336.1620 Emission of volatile organic compounds from existing flat wood paneling coating lines (entire rule). (11) R 336.1621 Emission of volatile organic compounds from existing metallic surface coating lines (entire rule). (12) R 336.1622 Emission of volatile organic compounds from existing components of petroleum refineries; refinery monitoring program (entire rule). (13) R 336.1623 Storage of petroleum liquids having a true vapor pressure of more than 1.0 psia, but less than 11.0 psia, in existing external floating roof stationary vessels of more than 40,000-gallon capacity (entire rule). (14) R 336.1625 Emission of volatile organic compounds from existing equipment utilized in manufacturing synthesized pharmaceutical products (entire rule). (15) R 336.1627 Delivery vessels; vapor collection systems (entire rule). (16) R 336.1630 Emission of volatile organic compounds from existing paint manufacturing processes (entire rule). (17) R 336.1631 Emission of volatile organic compounds from existing process equipment utilized in manufacture of polystyrene or other organic resins (entire rule). (18) R 336.1632 Emission of volatile organic compounds from existing automobile, truck, and business machine plastic part coating lines (entire rule). (19) R 336.1702 General provisions of new sources of volatile organic compound emissions (entire rule). (20) R 336.2004 Appendix A; reference test methods; adoption of federal reference test methods (entire rule). (21) R 336.2006 Reference test method serving as alternate version of federal reference test method 25 by incorporating Byron analysis (entire rule). (22) R 336.2007 Alternate version of procedure L, referenced in R 336.2040(10) (entire rule). (23) R 336.2040 Method for determination of volatile organic compound emissions from coating lines and graphic arts lines (except R 336.2040(9) and R 336.2040(10)). (24) R 336.2041 Recordkeeping requirements for coating lines and graphic arts lines (entire rule). (B) Revisions to the following provisions of the Michigan Air Pollution Control Commission General Rules filed with the Secretary of State on November 3, 1993 and effective on November 18, 1993: (1) R 336.1601 Definitions—Added definition of the term person responsible. (2) R 336.1602 General provisions for existing sources of volatile organic compound emissions—Addition of provisions requiring submittal of site-specific SIP revisions to EPA for the use of equivalent control methods allowed under rules 336.1628(1) and 336.1629(1). (3) R 336.1624 Emission of volatile organic compounds from existing graphic arts lines (entire rule). (4) R 336.1628 Emission of volatile organic compounds from components of existing process equipment used in manufacturing synthetic organic chemicals and polymers; monitoring program (entire rule). (5) R 336.1629 Emission of volatile organic compounds from components of existing process equipment used in processing natural gas; monitoring program (entire rule). (C) Senate Bill No. 726 of the State of Michigan 87th Legislature for Stage I controls signed and effective on November 13, 1993. (D) State of Michigan, Department of Natural Resources, Stipulation for Entry of Consent Order and Final Order No. 39–1993 which was adopted by the State on November 12, 1993. (E) State of Michigan, Department of Natural Resources, Stipulation for Entry of Consent Order and Final Order No. 40–1993 which was adopted by the State on November 12, 1993. (F) State of Michigan, Department of Natural Resources, Stipulation for Entry of Consent Order and Final Order No. 3–1993 which was adopted by the State on June 21, 1993. (97) On November 12, 1993, the State of Michigan submitted a revision to the State Implementation Plan (SIP) for the implementation of a motor vehicle inspection and maintenance (I/M) program in the Grand Rapids and Muskegon ozone nonattainment areas. This revision included House Bill No. 4165 which establishes an I/M program in Western Michigan, SIP narrative, and the State's Request for Proposal (RFP) for implementation of the program. House Bill No. 4165 was signed and effective on November 13, 1993. (i) Incorporation by reference. (A) House Bill No. 4165; signed and effective November 13, 1993. (ii) Additional materials. (A) SIP narrative plan titled “Motor Vehicle Emissions Inspection and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and Muskegon MSA Moderate Nonattainment Areas,” submitted to the EPA on November 12, 1993. (B) RFP, submitted along with the SIP narrative on November 12, 1993. (C) Supplemental materials, submitted on July 19, 1994, in a letter to EPA. (98) [Reserved] (99) On July 13, 1994, the State of Michigan requested a revision to the Michigan State Implementation Plan (SIP). The State requested that a consent order for the Eagle-Ottawa Leather Company of Grand Haven be included in the SIP. (i) Incorporation by reference. State of Michigan, Department of Natural Resources, Stipulation for Entry of Consent Order and Final Order No. 7–1994 which was adopted on July 13, 1994. (100) On June 11, 1993 the Michigan Department of Natural Resources (MDNR) submitted a plan, with revisions submitted on April 7, 1994 and October 14, 1994 for the purpose of bringing about the attainment of the National Ambient Air Quality Standards for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM) in the Wayne County moderate PM nonattainment area. (i) Incorporation by reference. (A) Consent Order 4–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Allied Signal, Inc., Detroit Tar Plant. (B) Consent Order 5–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Asphalt Products Company, Plant 5A. (C) Consent Order 6–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Clawson Concrete Company, Plant #1. (D) Consent Order 7–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Cummings-Moore Graphite Company. (E) Consent Order 8–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Delray Connecting Railroad Company. (F) Consent Order 9–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Detroit Edison Company, River Rouge Plant. (G) Consent Order 10–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Detroit Edison Company, Sibley Quarry. (H) Consent Order 11–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the city of Detroit, Detroit Water and Sewage Department, Wastewater Treatment Plant. (I) Consent Order 12–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Ferrous Processing and Trading Company. (J) Consent Order 13–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Ford Motor Company, Rouge Industrial Complex. (K) Consent Order 14–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Ford Motor Company, Vulcan Forge. (L) Consent Order 15–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Detroit Lime Company. (M) Consent Order 16–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Plant #1. (N) Consent Order 17–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Plant #3. (O) Consent Order 18–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Plant #6. (P) Consent Order 19–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Plant 4 and 5. (Q) Consent Order 20–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Plant Scrap Up-Grade Facility. (R) Consent Order 21–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Marblehead Lime, Brennan Avenue Plant. (S) Consent Order 22–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Marblehead Lime, River Rouge Plant. (T) Consent Order 23–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the McLouth Steel Company, Trenton Plant. (U) Consent Order 24–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Michigan Foundation Company, Cement Plant. (V) Consent Order 25–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Michigan Foundation Company, Sibley Quarry. (W) Consent Order 26–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Morton International, Inc., Morton Salt Division. (X) Consent Order 27–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the National Steel Corporation, Great Lakes Division. (Y) Consent Order 28–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the National Steel Corporation, Transportation and Materials Handling Division. (Z) Consent Order 29–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Peerless Metals Powders, Incorporated. (AA) Consent Order 30–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Rouge Steel Company. (BB) Consent Order 31–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Keywell Corporation. (CC) Consent Order 32–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the St. Marys Cement Company. (DD) Consent Order 33–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the United States Gypsum Company. (EE) Consent Order 34–1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Wyandotte Municipal Power Plant. (101) On November 15, 1993, the State of Michigan submitted as a revision to the Michigan State Implementation Plan for ozone a State Implementation Plan for a motor vehicle inspection and maintenance program for the Detroit-Ann Arbor area. Michigan submitted House Bill No. 5016, signed by Governor John Engler on November 13, 1993. (i) Incorporation by reference. (A) State of Michigan House Bill No. 5016 signed by the Governor and effective on November 13, 1993. (102) On November 12, 1993, the State of Michigan submitted as a revision to the Michigan State Implementation Plan for ozone a State Implementation Plan for a section 175A maintenance plan for the Detroit-Ann Arbor area as part of Michigan's request to redesignate the area from moderate nonattainment to attainment for ozone. Elements of the section 175A maintenance plan include a base year (1993 attainment year) emission inventory for NOX and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories (including interim years) to the year 2005 for NOX and VOC, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the ozone NAAQS (which must be confirmed by the State), Michigan will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. Appropriateness of a contingency measure will be determined by an urban airshed modeling analysis. The Governor or his designee will select the contingency measure(s) to be implemented based on the analysis and the MDNR's recommendation. The menu of contingency measures includes basic motor vehicle inspection and maintenance program upgrades, Stage I vapor recovery expansion, Stage II vapor recovery, intensified RACT for degreasing operations, NOX RACT, and RVP reduction to 7.8 psi. Michigan submitted legislation or rules for basic I/M in House Bill No 5016, signed by Governor John Engler on November 13, 1993; Stage I and Stage II in Senate Bill 726 signed by Governor John Engler on November 13, 1993; and RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John Engler on November 13, 1993. (i) Incorporation by reference. (A) State of Michigan House Bill No. 5016 signed by the Governor and effective on November 13, 1993. (B) State of Michigan Senate Bill 726 signed by the Governor and effective on November 13, 1993. (C) State of Michigan House Bill No. 4898 signed by the Governor and effective on November 13, 1993. (103) On August 26, 1994 Michigan submitted a site-specific SIP revision in the form of a consent order for incorporation into the federally enforceable ozone SIP. This consent order determines Reasonably Available Control Technology (RACT) specifically for the Enamalum Corporation Novi, Michigan facility for the emission of volatile organic compounds (VOCs). (i) Incorporation by reference. The following Michigan Stipulation for Entry of Final Order By Consent. (A) State of Michigan, Department of Natural Resources, Stipulation for Entry of Final Order By Consent No. 6–1994 which was adopted by the State on June 27, 1994. (104) On July 13, 1995, the Michigan Department of Natural Resources (MDNR) submitted a contingency measures plan for the Wayne County particulate matter nonattainment area. (i) Incorporation by reference. (A) State of Michigan Administrative Rule 374 (R 336.1374), effective July 26, 1995. (105) [Reserved] (106) On March 9, 1995, the State of Michigan submitted as a revision to the Michigan State Implementation Plan for ozone a State Implementation Plan for a section 175A maintenance plan for the Grand Rapids area as part of Michigan's request to redesignate the area from moderate nonattainment to attainment for ozone. Elements of the section 175A maintenance plan include an attainment emission inventory for NOX and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2007 for NOX and VOC, a plan to verify continued attainment, a contingency plan, and a commitment to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If a violation of the ozone NAAQS, determined not to be attributable to transport from upwind areas, is monitored, Michigan will implement one or more appropriate contingency measure(s) contained in the contingency plan. Once a violation of the ozone NAAQS is recorded, the State will notify EPA, review the data for quality assurance, and conduct a technical analysis, including an analysis of meteorological conditions leading up to and during the exceedances contributing to the violation, to determine local culpability. This preliminary analysis will be submitted to EPA and subjected to public review and comment. The State will solicit and consider EPA's technical advice and analysis before making a final determination on the cause of the violation. The Governor or his designee will select the contingency measure(s) to be implemented within six months of a monitored violation attributable to ozone and ozone precursors from the Grand Rapids area. The menu of contingency measures includes a motor vehicle inspection and maintenance program, Stage II vapor recovery, gasoline RVP reduction to 7.8 psi, RACT on major non-CTG VOC sources in the categories of coating of plastics, coating of wood furniture, and industrial cleaning solvents. Michigan submitted legislation or rules for I/M in House Bill No 4165, signed by Governor John Engler on November 13, 1993; Stage II in Senate Bill 726 signed by Governor John Engler on November 13, 1993; and RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John Engler on November 13, 1993. (i) Incorporation by reference. (A) State of Michigan House Bill No. 4165 signed by the Governor and effective on November 13, 1993. (B) State of Michigan Senate Bill 726 signed by the Governor and effective on November 13, 1993. (C) State of Michigan House Bill No. 4898 signed by the Governor and effective on November 13, 1993. (107) [Reserved] (108) On May 16, 1996, the State of Michigan submitted a revision to the Michigan State Implementation Plan (SIP). This revision is for the purpose of establishing a gasoline Reid vapor pressure (RVP) limit of 7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland, Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in Michigan. (i) Incorporation by reference. (A) House Bill No. 4898; signed and effective November 13, 1993. (B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290, Sections 642, 643, 645, 646, 647, and 649; all effective November 13, 1993. (C) Michigan Complied Laws, Weights and Measures Act of 1964, Chapter 290, Sections 613, 615; all effective August 28, 1964. (ii) Additional materials. (A) Letter from Michigan Governor John Engler to Regional Administrator Valdas Adamkus, dated January 5, 1996. (B) Letter from Michigan Director of Environmental Quality Russell Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996. (C) State report titled “Evaluation of Air Quality Contingency Measures for Implementation in Southeast Michigan,” submitted to the EPA on May 14, 1996. (109) On December 13, 1994 and January 19, 1996, Michigan submitted correspondence and Executive Orders 1991–31 and 1995–18 which indicated that the executive branch of government had been reorganized. As a result of the reorganization, delegation of the Governor's authority under the Clean Air Act was revised. The Environmental Protection Agency's approval of these Executive Orders is limited to those provisions affecting air pollution control. The Air Pollution Control Commission was abolished and its authority was initially transferred to the Director of the Michigan Department of Natural Resources (DNR). Subsequently, the Michigan Department of Natural Resources of Environmental Quality (DEQ) was created by elevating eight program divisions and two program offices previously located within the DNR. The authority then earlier vested to the Director of the Michigan DNR was then transferred to the Director of the Michigan DEQ with the exception of some administrative appeals decisions. (i) Incorporation by reference. (A) State of Michigan Executive Order 1991–31 Commission of Natural Resources, Department of Natural Resources, Michigan Department of Natural Resources Executive Reorganization. Introductory and concluding words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5, Part B. Title III: Environmental Protection; Part A: Sections 1 and 2, Part B. Title IV: Miscellaneous; Parts A and B, Part C: Sections 1, 2, 4, Part D. Signed by John Engler, Governor, November 8, 1991. Filed with the Secretary of State November 8, 1991. Effective January 7, 1992. (B) State of Michigan Executive Order No. 1995–18 Michigan Department of Environmental Quality, Michigan Department of Natural Resources Executive Reorganization. Introductory and concluding words of issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed with the Secretary of State on August 1, 1995. Effective September 30, 1995. (110) A revision to Michigan's State Implementation Plan (SIP), containing part of Michigan's Natural Resources and Environmental Protection Act, was submitted by the Michigan Department of Environmental Quality (MDEQ) on May 16, 1996, and supplemented on September 23, 1997. On December 30, 1997, MDEQ withdrew much of the original submittal. The revision incorporated below contains control requirements and applicable definitions for fugitive dust sources. (i) Incorporation by reference. The following sections of Part 55 of Act 451 of 1994, the Natural Resources and Environmental Protection Act are incorporated by reference. (A) 324.5524 Fugitive dust sources or emissions, effective March 30, 1995. (B) 324.5525 Definitions, effective March 30, 1995. (111) On March 18, 1999, the State of Michigan submitted a revision to the Michigan State Implementation Plan for carbon monoxide containing a section 175A maintenance plan for the Detroit area as part of Michigan's request to redesignate the area from nonattainment to attainment for carbon monoxide. Elements of the section 175A maintenance plan include a base year (1996 attainment year) emission inventory for CO, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2010, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the CO NAAQS (which must be confirmed by the State), Michigan will implement one or more appropriate contingency measure(s) which are in the contingency plan. The menu of contingency measures includes enforceable emission limitations for stationary sources, transportation control measures, or a vehicle inspection and maintenance program. (112) The Michigan Department of Environmental Quality (MDEQ) submitted a revision to Michigan's State Implementation Plan (SIP) on August 20, 1998, and supplemented it on November 3, 1998. The revision removed from the SIP the following rules, which the State rescinded effective May 28, 1997: R 336.91 Purpose; R 336.92 Suspension of enforcement; requests by local agencies; R 336.93 Local agency requirements prior to suspension of enforcement; R 336.94 Commission public hearings on applications; R 336.95 Suspension of enforcement; procedures and public notice; R 336.96 Suspension of enforcement; conditions; R 336.97 Commission review of local agency programs; renewal of suspended enforcement; R 336.601 Affected counties and areas; R 336.602 Attainment of national ambient air quality standards; exemption from inspection and maintenance program requirements; R 336.603 Ozone and carbon monoxide attainment status determination; R 336.1373 Fugitive dust control requirements; areas listed in table 36; R 336.1501 Emission limits; extension of compliance date past January 1, 1980, generally; R 336.1502 Application; copies; R 336.1503 Application; contents; R 336.1504 Denial of request for extension past January 1, 1980; R 336.1505 Grant of extension past January 1, 1980; R 336.1506 Receipt of full and complete application; public notice; inspection; public hearing; R 336.1507 Modification or revocation of order granting extension; immediate effect; R 336.1603 Compliance program; R 336.2010 Reference test method 5A; R 336.2199(c); R 336.2601 Organization; R 336.2602 Offices and meetings; R 336.2603 Documents available for inspection and copying; R 336.2604 Document inspection and copying procedures; tape recording transcriptions; R 336.2605 Functions; R 336.2608 Hearings and informal conferences; R 336.2301 Definition of air pollution episode; R 336.2302 Definition of air pollution forecast; R 336.2303 Definition of air pollution alert; R 336.2304 Definition of air pollution warning; R 336.2305 Definition of air pollution emergency; R 336.2306 Declaration of air pollution episodes; R 336.2307 Episode emission abatement programs; and R 336.2308 Episode orders. The rules incorporated below contain revisions to degreasing, perchloroethylene dry cleaning, petroleum refinery, synthetic organic chemical manufacturing, and delivery vessel loading rules. (i) Incorporation by reference. The following sections of the Michigan Administrative Code are incorporated by reference. (A) R 336.1611 Existing cold cleaners, effective June 13, 1997. (B) R336.1612 Existing open top vapor degreasers, effective June 13, 1997. (C) R 336.1613 Existing conveyorized cold cleaners, effective June 13, 1997. (D) R 336.1614 Existing conveyorized vapor degreasers, effective June 13, 1997. (E) R 336.1619 Standards for perchloroethylene dry cleaning equipment, effective June 13, 1997. (F) R 336.1622 Emission of volatile organic compounds from existing components of petroleum refineries; refinery monitoring program, effective June 13, 1997. (G) R 336.1628 Emission of volatile organic compounds from components of existing process equipment used in manufacturing synthetic organic chemicals and polymers; monitoring program, effective June 13, 1997. (H) R 336.1651 Standards for Degreasers, effective June 13, 1997. (I) R 336.1706 Loading delivery vessels with organic compounds having a true vapor pressure of more than 1.5 psia at new loading facilities handling 5,000,000 or more gallons of such compounds per year, effective June 13, 1997. (J) R 336.1707 New cold cleaners, effective June 13, 1997. (K) R 336.1708 New open top vapor degreasers, effective June 13, 1997. (L) R 336.1709 New conveyorized cold cleaners, effective June 13, 1997. (M) R 336.1710 New conveyorized vapor degreasers, effective June 13, 1997. (113) On March 9, 1995, the State of Michigan submitted a revision to the Michigan State Implementation Plan for ozone containing a section 175A maintenance plan for the Muskegon County area as part of Michigan's request to redesignate the area from nonattainment to attainment for ozone. Elements of the section 175A maintenance plan include a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the 1-hour ozone NAAQS, determined not to be attributable to transport from upwind areas, Michigan will implement one or more appropriate contingency measure(s) which are in the contingency plan. The menu of contingency measures includes a motor vehicle inspection and maintenance program, stage II vapor recovery, a low Reid vapor pressure gasoline program, and rules for industrial cleanup solvents, plastic parts coating, and wood furniture coating. (i) Incorporation by reference. (A) State of Michigan House Bill No. 4165 signed by the Governor and effective on November 13, 1993. (B) State of Michigan House Bill No. 726 signed by the Governor and effective on November 13, 1993. (C) State of Michigan House Bill No. 4898 signed by the Governor and effective on November 13, 1993. (114)–(115) [Reserved] (116) The Michigan Department of Environmental Quality submitted revisions to Michigan's State Implementation Plan (SIP) on July 7, 2000 and supplemented them with letters dated January 29, 2001, and February 6, 2002. They include revisions to definitions, open burning rules, general volatile organic compound provisions, and administrative procedures. The revision removed from the SIP rules R 336.1320 and R 336.2703, which the State rescinded effective April 10, 2000. (i) Incorporation by reference. The following sections of the Michigan Administrative Code are incorporated by reference. (A) R 336.1104 Definitions; D, effective April 10, 2000. (B) R 336.1310, Open burning, effective February 3, 1999. (C) R 336.1602 General provisions for existing sources of volatile organic compound emissions, effective April 10, 2000. (D) R 336.2701 Petitions for review and for contested case hearings; hearing procedure; “duly authorized agent” defined, effective April 10, 2000. (E) R 336.2702 Appearances, effective April 10, 2000. (117) [Reserved] (118) The Michigan Department of Environmental Quality submitted revisions to Michigan's State Implementation Plan (SIP) on September 23, 2002. They include rules to address excess emissions occurring during startup, shutdown or malfunction as well as revisions to definitions. (i) Incorporation by reference. The following sections of the Michigan Administrative Code are incorporated by reference. (A) R 336.1102 Definitions; B, effective May 27, 2002. (B) R 336.1104 Definitions; D, effective May 27, 2002. (C) R 336.1105 Definitions; E, effective May 27, 2002. (D) R 336.1107 Definitions; G, effective May 27, 2002. (E) R 336.1108 Definitions; H, effective May 27, 2002. (F) R 336.1113 Definitions; M, effective May 27, 2002. (G) R 336.1118 Definitions; R, effective May 27, 2002. (H) R 336.1120 Definitions; T, effective May 27, 2002. (I) R 336.1915 Enforcement discretion in instances of excess emissions resulting from malfunction, start-up, or shutdown, effective May 27, 2002. (J) R 336.1916 Affirmative defense for excess emissions during start-up or shutdown, effective May 27, 2002. (119) The Michigan Department of Environmental Quality submitted a revision to Michigan's State Implementation Plan for ozone on April 25, 2003. This submittal contained a revised definition of volatile organic compound. (i) Incorporation by reference. (A) R 336.1122 Definitions; V, effective March 13, 2003. (120) [Reserved] (121) On April 3, 2003, the Michigan Department of Environmental Quality (MDEQ) submitted regulations restricting emissions of oxides of nitrogen (NOX) to address the Phase I NOX SIP Call requirements. EPA conditionally approved Michigan's April 3, 2003, SIP revision on April 16, 2004. On May 27, 2004 and August 5, 2004, Michigan subsequently submitted for EPA approval SIP revisions to address the requirements found in EPA's conditional approval. These additional submittals, in combination with the original SIP revision, fulfill the Phase I NOX SIP Call requirements. (i) Incorporation by reference. The following sections of the Michigan Administrative Code are incorporated by reference. (A) R336.1802 Applicability under oxides of nitrogen budget trading program, effective May 20, 2004. (B) R336.1803 Definitions for oxides of nitrogen budget trading program, effective December 4, 2002. (C) R336.1804 Retired unit exemption from oxides of nitrogen budget trading program, effective May 20, 2004. (D) R336.1805 Standard requirements of oxides of nitrogen budget trading program, effective December 4, 2002. (E) R336.1806 Computation of time under oxides of nitrogen budget trading program, effective December 4, 2002. (F) R336.1807 Authorized account representative under oxides of nitrogen budget trading program, effective December 4, 2002. (G) R336.1808 Permit requirements under oxides of nitrogen budget trading program, effective December 4, 2002. (H) R336.1809 Compliance certification under oxides of nitrogen budget trading program, effective December 4, 2002. (I) R336.1810 Allowance allocations under oxides of nitrogen budget trading program, effective December 4, 2002. (J) R336.1811 New source set-aside under oxides of nitrogen budget trading program, effective May 20, 2004. (K) R336.1812 Allowance tracking system and transfers under oxides of nitrogen budget trading program, effective December 4, 2002. (L) R336.1813 Monitoring and reporting requirements under oxides of nitrogen budget trading, effective December 4, 2002. (M) R336.1814 Individual opt-ins under oxides of nitrogen budget trading program, effective December 4, 2002. (N) R336.1815 Allowance banking under oxides of nitrogen budget trading program, effective December 4, 2002. (O) R336.1816 Compliance supplement pool under oxides of nitrogen budget trading program, effective December 4, 2002. (P) R336.1817 Emission limitations and restrictions for Portland cement kilns, effective December 4, 2002. [37 FR 10873, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1170, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1171 Classification of regions. top The Michigan plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Metropolitan Detroit-Port Huron Intrastate................ I I III III III Metropolitan Toledo Interstate............................ I I III III I South Central Michigan Intrastate......................... II II III III III South Bend-Elkhart (Indiana)-Benton Harbor (Michigan) I IA III III III Interstate............................................... Central Michigan Intrastate............................... II III III III III Upper Michigan Intrastate................................. III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10873, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 29801, May 6, 1980] § 52.1172 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Michigan's plan for the attainment and maintenance of the National Ambient Air Quality Standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plan satisfies all requirements of Part D, Title I of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittalof RACT requirements by July 1, 1980 for the sources covered by CTGs between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. [45 FR 29801, May 6, 1980] § 52.1173 Control strategy: Particulates. top (a) Part D—Disapproval. The following specific revisions to the Michigan Plan are disapproved: (1) Rule 336.1331, Table 31, Item C: Emission limits for Open Hearth Furnaces, Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast Furnaces, Heating and Reheating Furnaces. (2) Rules 336.1371 (Fugitive dust control programs other than areas listed in table 36.), 336.1372 (Fugitive dust control programs; required activities; typical control methods.) and 336.1373 (Fugitive dust control programs; areas listed in table 36.) for control of industrial fugitive particulate emissions sources. (b) Part D—Conditional Approval—The Michigan overall Plan for primary and secondary nonattainment areas is approved provided that the following conditions are satisfied: (1) The State officially adopts final industrial fugitive regulations that represent RACT for traditional sources and submits these finally effective regulations to USEPA by January 31, 1981. (2) The State adopts and submits regulations reflecting RACT for Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast Furnaces and Heating and Reheating Furnaces. (3) Rule 336.1331, Table 31, Item C: Coke Oven Preheater Equipment Effective After July 1, 1979—The State clarifies the compliance test method to include measurement of the whole train. (4) Rule 336.1349—The State submits consent orders containing enforceable increments insuring reasonable further progress for each source subject to Rules 336.1350 through 336.1357. (5) Rule 336.1350—The State adopts and submits an acceptable inspection method for determining compliance with the rule. (6) Rule 336.1352—The State adopts and submits the following clarifications to the rule: (a) The rule regulates emissions from the receiving car itself during the pushing operation; (b) in the phrase “eight consecutive trips,” “consecutive” is defined as “consecutively observed trips”; (c) the word “trips” is defined as “trips per battery” or “trips per system”; (d) the 40% opacity fugitive emissions limitation refers to an instantaneous reading and not an average; (e) the method of reading opacity is defined. (7) Rule 336.1353—The State adopts and submits: (a) An acceptable test methodology for determining compliance with the rule; and (b) a clarification that the exception to the visible emission prohibition of 4% of standpipe emission points refers to “operating” ovens. (8) Rule 336.1356—The State adopts and submits a clarification of the test methodology to determine compliance with the rule. (9) Rule 336.1357—The State adopts and submits a clarification of the test methodology to determine compliance with the rule. (10) The State adopts and submits a regulation reflecting RACT for coke battery combustion stacks. (11) The State adopts and submits an acceptable test method for application of Rule 336.1331, Table 32 to quench towers, or, in the alternative, adopts and submits a limitation reflecting RACT for quench tower emissions based on the quantity of total dissolved solids in the quench water. (12) The State adopts and submits rules requiring RACT for scarfing emissions. (13) Part 10 Testing—The State adopts and submits the following clarifications to the test methods: (a) Testing of fugitive emissions from blast furnaces are conducted during the cast; (b) the starting and ending period is specified for basic oxygenfurnaces (for both primary and secondary emissions generating operations), electric arc furnaces and for each of the three emission points at sinter plants. (14) The State conducts additional particulate studies in the Detroit area by September, 1980. (c) Disapprovals. EPA disapproves the following specific revisions to the Michigan Plan: (1) The State submitted Consent Order No. 16–1982 on June 24, 1982, Great Lakes Steel, a Division of the National Steel Corporation as a revision to the Michigan State Implementation Plan. EPA disapproves this revision, because it does not satisfy all the requirements of EPA's proposed Emission Trading Policy Statement of April 7, 1982 (47 FR 15076). (d) Approval—On April 29, 1988, the State of Michigan submitted a committal SIP for particulate matter with an aerodynamic diameter equal to or less than 10 micrometers (PM10) for Michigan's Group II areas. The Group II areas of concern are in the City of Monroe and an area surrounding the City of Carrollton. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681. (e) [Reserved] (f) On July 24, 1995, the Michigan Department of Natural Resources requested the redesignation of Wayne County to attainment of the National Ambient Air Quality Standard for particulate matter. The State's maintenance plan is complete and the redesignation satisfies all of the requirements of the Act. (g) Approval—On November 29, 1994, the Michigan Department of Natural Resources submitted a revision to the particulate State Implementation Plan for general conformity rules. The general conformity SIP revisions enable the State of Michigan to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans. [46 FR 27931, May 22, 1981, as amended at 49 FR 11834, Mar. 28, 1984; 50 FR 33540, Aug. 20, 1985; 55 FR 17752, Apr. 27, 1990; 61 FR 40519, Aug. 5, 1996; 61 FR 66609, Dec. 18, 1996] § 52.1174 Control strategy: Ozone. top (a) Part D—Conditional Approval—Michigan Rules 336.1603 and 336.1606 are approved provided that the following conditions are satisfied: (1) Rule 336.1606—The State either promulgates a rule with a 120,000 gallon per year throughput exemption for gasoline dispensing facilities for sources located in Wayne, Macomb and Oakland Counties. The State must either submit the rule to USEPA or demonstrate that the allowable emissions resulting from the application of its existing rule with 250,000 gallon per year throughput exemption for gasoline dispensing facilities are less than five percent greater than the allowable emissions resulting from the application of the CTG presumptive norm. The State must comply with this condition by May 6, 1981, and any necessary regulations must be finally promulgated by the State and submitted to USEPA by September 30, 1981. (b) Approval—On November 16, 1992, the Michigan Department of Natural Resources submitted Natural Resources Commission Rule 336.202 (Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 Michigan Air Pollution Reporting Forms, Reference Tables, and General Instructions as the States emission statement program. Natural Resources Commission Rule 336.202 (Rule 2) became effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became effective July 23, 1965. These rules have been incorporated by reference at 40 CFR 52.1170(c)(93). On October 25, 1993, the State submitted the 1993 Michigan Air Pollution Reporting Forms, Reference Tables, and General Instructions, along with an implementation strategy for the State's emission statement program. (c) Approval—On January 5, 1993, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan (SIP) for the 1990 base year inventory. The inventory was submitted by the State of Michigan to satisfy Federal requirements under section 182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a revision to the ozone SIP for the Grand Rapids and Muskegon areas in Michigan designated nonattainment, classified as moderate. These areas include counties of Muskegon, and the two county Grand Rapids area (which are the counties of Kent and Ottawa). Editorial Note: At 59 FR 40828, Aug. 10, 1994 the following paragraph (c) was added to §52.1174. (c) Approval—On November 12, 1993, the Michigan Department of Natural Resources submitted a petition for exemption from the oxides of nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor ozone nonattainment area. The submittal pertained to the exemption from the oxides of nitrogen requirements for conformity, inspection and maintenance, reasonably available control technology, and new source review. These are required by sections 176(c), 182(b)(4), and 182(f) of the 1990 amended Clean Air Act, respectively. (d) In a letter addressed to David Kee, EPA, dated March 30, 1994, Dennis M. Drake, State of Michigan, stated: (1) Michigan has not developed RACT regulations for the following industrial source categories, which have been addressed in Control Techniques Guidance (CTG) documents published prior to the Clean Air Act Amendments of 1990, because no affected sources are located in the moderate nonattainment counties: (i) Large petroleum dry cleaners; (ii) SOCMI air oxidation processes; (iii) High-density polyethylene and polypropylene resin manufacturing; and (iv) Pneumatic rubber tire manufacturing. (2) (Reserved) (e) Approval—On July 1, 1994, the Michigan Department of Natural Resources submitted a petition for exemption from the oxides of nitrogen requirements of the Clean Air Act for the East Lansing ozone nonattainment area. The submittal pertained to the exemption from the oxides of nitrogen requirements for conformity and new source review. Theses are required by sections 176(c) and 182(f) of the 1990 amended Clean Air Act, respectively. If a violation of the ozone standard occurs in the East Lansing ozone nonattainment area, the exemption shall no longer apply. (f) Approval—On July 8, 1994, the Michigan Department of Natural Resources submitted a petition for exemption from the oxides of nitrogen requirements of the Clean Air Act for the Genesee County ozone nonattainment area. The submittal pertained to the exemption from the oxides of nitrogen requirements for conformity and new source review. These are required by sections 176(c) and 182(f) of the 1990 amended Clean Air Act, respectively. If a violation of the ozone standard occurs in the Genesee County ozone nonattainment area, the exemption shall no longer apply. (g) [Reserved] (h) Approval—On January 5, 1993, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan for the 1990 base year emission inventory. The inventory was submitted by the State of Michigan to satisfy Federal requirements under section 182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the ozone State Implementation Plan for the Detroit-Ann Arbor moderate ozone nonattainment area. This area includes Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties. (i) Approval—On November 12, 1993, the Michigan Department of Natural Resources submitted a request to redesignate the Detroit-Ann Arbor (consisting of Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties) ozone nonattainment area to attainment for ozone. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a base year (1993 attainment year) emission inventory for NOX and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories (including interim years) to the year 2005 for NOX and VOC, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the ozone NAAQS (which must be confirmed by the State), Michigan will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. Appropriateness of a contingency measure will be determined by an urban airshed modeling analysis. The Governor or his designee will select the contingency measure(s) to be implemented based on the analysis and the MDNR's recommendation. The menu of contingency measures includes basic motor vehicle inspection and maintenance program upgrades, Stage I vapor recovery expansion, Stage II vapor recovery, intensified RACT for degreasing operations, NOX RACT, and RVP reduction to 7.8 psi. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Michigan Ozone State Implementation Plan for the above mentioned counties. (j) [Reserved] (k) Determination—USEPA is determining that, as of July 20, 1995, the Grand Rapids and Muskegon ozone nonattainment areas have attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the areas for so long as the areas do not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in either the Grand Rapids or Muskegon ozone nonattainment area, the determination shall no longer apply for the area that experiences the violation. (l) Approval—EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT), new source review (NSR), vehicle inspection/maintenance (I/M), and general conformity exemptions for the Grand Rapids (Kent and Ottawa Counties) and Muskegon (Muskegon County) moderate nonattainment areas as requested by the States of Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal. This approval also covers the exemption of NOX transportation and general conformity requirements of section 176(c) for the Counties of Allegan, Barry, Bay, Berrien, Branch, Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham, Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph, Saginaw, Shiawasse, and Van Buren. (m) Approval—On November 24, 1994, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan. The submittal pertained to a plan for the implementation and enforcement of the Federal transportation conformity requirements at the State or local level in accordance with 40 CFR part 51, subpart T—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act. (n) Approval—On November 29, 1994, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan for general conformity rules. The general conformity SIP revisions enable the State of Michigan to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans. (o) Approval—On March 9, 1996, the Michigan Department of Environmental Quality submitted a request to redesignate the Grand Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties) to attainment for ozone. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include an attainment emission inventory for NOX and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2007 for NOX and VOC, a plan to verify continued attainment, a contingency plan, and a commitment to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If a violation of the ozone NAAQS, determined not to be attributable to transport from upwind areas, is monitored, Michigan will implement one or more appropriate contingency measure(s) contained in the contingency plan. Once a violation of the ozone NAAQS is recorded, the State will notify EPA, review the data for quality assurance, and conduct a technical analysis, including an analysis of meteorological conditions leading up to and during the exceedances contributing to the violation, to determine local culpability. This preliminary analysis will be submitted to EPA and subjected to public review and comment. The State will solicit and consider EPA's technical advice and analysis before making a final determination on the cause of the violation. The Governor or his designee will select the contingency measure(s) to be implemented within 6 months of a monitored violation attributable to ozone and ozone precursors from the Grand Rapids area. The menu of contingency measures includes a motor vehicle inspection and maintenance program, Stage II vapor recovery, RVP reduction to 7.8 psi, RACT on major non-CTG VOC sources in the categories of coating of plastics, coating of wood furniture, and industrial cleaning solvents. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Michigan Ozone State Implementation Plan for the above mentioned counties. (p) Approval—On November 22, 1995 the Michigan Department of Natural Resources submitted a petition for exemption from transportation conformity requirements for the Muskegon ozone nonattainment area. This approval exempts the Muskegon ozone nonattainment area from transportation conformity requirements under section 182(b)(1) of the Clean Air Act. If a violation of the ozone standard occurs in the Muskegon County ozone nonattainment area, the exemption shall no longer apply. (q) Correction of approved plan—Michigan air quality Administrative Rule, R336.1901 (Rule 901)—Air Contaminant or Water Vapor, has been removed from the approved plan pursuant to section 110(k)(6) of the Clean Air Act (as amended in 1990). (r) Approval—On March 9, 1995, the Michigan Department of Environmental Quality submitted a request to redesignate the Muskegon County ozone nonattainment area to attainment. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the 1-hour ozone NAAQS, determined not to be attributable to transport from upwind areas, Michigan will implement one or more appropriate contingency measure(s) which are in the contingency plan. The menu of contingency measures includes a motor vehicle inspection and maintenance program, stage II vapor recovery, a low Reid vapor pressure gasoline program, and rules for industrial cleanup solvents, plastic parts coating, and wood furniture coating. (s) Approval—On May 9, 2000, the State of Michigan submitted a revision to the Michigan State Implementation Plan for ozone containing a section 175A maintenance plan for the Flint and Saginaw-Midland-Bay City areas as part of Michigan's request to redesignate the areas from nonattainment to attainment for ozone. Elements of the section 175A maintenance plan include a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If monitors in any of these areas record a violation of the ozone NAAQS (which must be confirmed by the State), Michigan will adopt, submit to EPA, and implement one or more appropriate contingency measure(s) which are in the contingency plan and will submit a full maintenance plan under section 175A of the Clean Air Act. The menu of contingency measures includes a low Reid vapor pressure gasoline program, stage I gasoline vapor recovery, and rules for industrial cleanup solvents, plastic parts coating, and wood furniture coating. (t) Approval—On March 9, 1995, the Michigan Department of Environmental Quality submitted a request to redesignate the Allegan County ozone nonattainment area to attainment. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the 1-hour ozone NAAQS, determined not to be attributable to transport from upwind areas, Michigan will implement one or more appropriate contingency measure(s) which are in the contingency plan. The menu of contingency measures includes rules for plastic parts coating, wood furniture coating, and gasoline loading (Stage I vapor recovery). (u) Approval—On March 22, 2001, Michigan submitted a revision to the ozone maintenance plan for the Muskegon County area. The revision consists of allocating a portion of the Muskegon County area's Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) safety margin to the transportation conformity Motor Vehicle Emission Budget (MVEB). The MVEB for transportation conformity purposes for the Muskegon County area are now: 8.5 tons per day of VOC emissions and 10.2 tons per day of NOX emissions for the year 2010. This approval only changes the VOC and NOX transportation conformity MVEB for Muskegon County. (v) Approval—On December 19, 2003, Michigan submitted an update to the Section 175(A) maintenance plan for the Southeast Michigan 1-hour ozone maintenance area, which consists of Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties. This update addresses the second 10-year period of maintenance of the ozone standard in Southeast Michigan, which spans the years 2005 through 2015. The maintenance plan also revises the Motor Vehicle Emissions Budget (MVEB). For the year 2005, the MVEB for VOC is 218.1 tons per day (tpd), and the MVEB for NOX is 412.9 tpd. For the year 2015, the MVEB for VOC is 172.8 tpd, and the MVEB for NOX is 412.9 tpd. [45 FR 58528, Sept. 4, 1980] Editorial Note: For Federal Register citations affecting §52.1174, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1175 Compliance schedules. top (a) The requirements of §51.15(a)(2) of this chapter as of May 31, 1972, (36 FR 22398) are not met since Rule 336.49 of the Michigan Air Pollution Control Commission provides for individual compliance schedules to be submitted to the State Agency by January 1, 1974. This would not be in time for submittal to the Environmental Protection Agency with the first semiannual report. (b) [Reserved] (c) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. (d) Federal compliance schedules. (1) Except as provided in paragraph (d)(3) of this section, the owner or operator of any stationary source subject to the following emission-limiting regulations in the Michigan implementation plan shall comply with the applicable compliance schedule in paragraph (d)(2) of this section: Air Pollution Control Commission, Department of Public Health, Michigan Rule 336.49. (2) Compliance schedules. (i) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to Rule 336.49 and located in the Central Michigan Intrastate AQCR, South Bend-Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR (as defined in part 81 of this title) shall notify the Administrator, no later than October 1, 1973, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to comply with the limitations effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49. (ii) Any owner or operator of a stationary source subject to paragraph (d)(2)(i) of this section who elects to utilize low-sulfur fuel shall take the following actions with respect to the source no later than the dates specified. (a) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for at least one year thereafter. (b) December 31, 1973—Sign contracts with fuel suppliers for projected fuel requirements. (c) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (d) March 15, 1974—Let contracts for necessary boiler modifications, if applicable. (e) June 15, 1974—Initiate onsite modifications, if applicable. (f) March 31, 1975—Complete onsite modifications, if applicable. (g) July 1, 1975—Achieve final compliance with the applicable July 1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49. (iii) Any owner or operator of a stationary source subject to paragraph (d)(2)(i) of this section who elects to utilize stack gas desulfurization shall take the following actions with respect to the source no later than the dates specified. (a) November 1, 1973—Let necessary contracts for construction. (b) March 1, 1974—Initiate onsite construction. (c) March 31, 1975—Complete onsite construction. (d) July 1, 1975—Achieve final compliance with the applicable July 1, 1975, emission limitation listed in Table 4 of Rule 336.49. (e) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (iv) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to Rule 336.49 and located in the Central Michigan Intrastate AQCR. South Bend-Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR shall notify the Administrator, no later than January 31, 1974, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to comply with the limitation effective July 1, 1978, in Table 3 or Table 4 of Rule 336.49. (v) Any owner or operator of a stationary source subject to paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur fuel shall take the following actions with respect to the source no later than the dates specified. (a) October 15, 1976—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for at least one year thereafter. (b) December 31, 1976—Sign contracts with fuel suppliers for projected fuel requirements. (c) January 31, 1977—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (d) March 15, 1977—Let contracts for necessary boiler modifications, if applicable. (e) June 15, 1977—Initiate onsite modifications, if applicable. (f) March 31, 1978—Complete onsite modifications, if applicable. (g) July 1, 1978—Achieve final compliance with the applicable July 1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49. (vi) Any owner or operator of a stationary source subject to paragraph (d)(2)(iv) of this section who elects to utilize stack gas desulfurization shall take the following actions with regard to the source no later than the dates specified. (a) November 1, 1976—Let necessary contracts for construction. (b) March 1, 1977—Initiate onsite construction. (c) March 31, 1978—Complete onsite construction. (d) July 1, 1978—Achieve final compliance with the applicable July 1, 1978, mission limitation listed in Table 4 of Rule 336.49. (e) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1978. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (vii) Any owner or operator subject to a compliance schedule above shall certify to the Administrator, within five days after the deadline for each increment of progress in that schedule, whether or not the increment has been met. (3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to a source which is presently in compliance with Table 3 or Table 4 of Rule 336.49 and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification. (ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (4) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (d)(2) of this section fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. (e) The compliance schedules for the sources identified below are approved as meeting the requirements of §51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. Michigan [See footnotes at end of table] ---------------------------------------------------------------------------------------------------------------- Regulations Date schedule Final compliance Source Location involved adopted date ---------------------------------------------------------------------------------------------------------------- berrien county ---------------------------------------------------------------------------------------------------------------- Conoco, Inc..................... Berrien........... R336.1603, Sept. 26, 1981.... Dec. 31, 1982. R336.1609. ---------------------------------------------------------------------------------------------------------------- calhoun county ---------------------------------------------------------------------------------------------------------------- Clark Oil and Refining Corp..... Calhoun........... R336.1603 May 14, 1982...... Dec. 31, 1982. R336.1609. ---------------------------------------------------------------------------------------------------------------- charlevoix county ---------------------------------------------------------------------------------------------------------------- Northern Michigan Electric Boyne City........ 336.1401 (336.49). Jan. 10, 1980..... Jan. 1, 1985. Cooperative Advance Steam Plant. ---------------------------------------------------------------------------------------------------------------- genesee county ---------------------------------------------------------------------------------------------------------------- Buick Motor Division............ City of Flint..... R336.1301......... May 5, 1980....... Dec. 31, 1982. GM Warehousing Dist. Div. Genesee........... R336.1331......... Dec. 31, 1981..... Oct. 15, 1983. Boilers 1 and 2. GM Warehousing Dist. Div. ......do.......... R336.1331......... Dec. 1, 1981...... Oct. 15, 1981. Boilers 3 and 4. ---------------------------------------------------------------------------------------------------------------- macomb county ---------------------------------------------------------------------------------------------------------------- New Haven Foundry............... Macomb County..... R336.1301, Aug. 14, 1980..... June 30, 1985. R336.1331, R336.1901. ---------------------------------------------------------------------------------------------------------------- midland county ---------------------------------------------------------------------------------------------------------------- Dow Chemical.................... Midland........... R336.1301 and July 21, 1982..... Dec. 31, 1985. R336.1331. ---------------------------------------------------------------------------------------------------------------- monroe county ---------------------------------------------------------------------------------------------------------------- Detroit Edison (Monroe plant)... Monroe............ 336.49............ July 7, 1977...... Jan. 1, 1985. Dundee Cement Company........... Dundee............ 336.41, 44........ Oct. 17, 1979..... Dec. 31, 1983. (336.1301, 336.1331). Union Camp...................... Monroe............ 336.1401.......... Jan. 3, 1980...... Jan. 1, 1985. (336.49).......... ---------------------------------------------------------------------------------------------------------------- muskegon county ---------------------------------------------------------------------------------------------------------------- Consumers Power Company (B. C. Muskegon.......... 336.1401.......... Dec. 10, 1979..... Jan. 1, 1985. Cobb). (336.49).......... S. D. Warren Co................. Muskegon.......... 336.49 (336.1401). Oct. 31, 1979..... Nov. 1, 1984. Marathon Oil.................... ......do.......... 336.1603.......... July 31, 1981..... Dec. 31, 1982. ---------------------------------------------------------------------------------------------------------------- saginaw county ---------------------------------------------------------------------------------------------------------------- Grey Iron Casting and Nodular Saginaw........... R336.1301......... Apr. 16, 1980..... Dec. 31, 1982. Iron Casting Plants. ---------------------------------------------------------------------------------------------------------------- wayne county ---------------------------------------------------------------------------------------------------------------- Boulevard Heating Plant......... Wayne............. R336.1331......... Apr. 28, 1981..... Dec. 31, 1982. ---------------------------------------------------------------------------------------------------------------- Footnotes: \1\ For the attainment of the primary standard. \2\ For the attainment of the secondary standard. \3\ For the maintenance of the secondary standard. (f) The compliance schedules for the sources identified below are disapproved as not meeting the requirements of §51.15 of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. Michigan ---------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date schedule adopted ---------------------------------------------------------------------------------------------------------------- bay county ---------------------------------------------------------------------------------------------------------------- Consumer Power (Karn Plant).......... Essexville............. 336.44................. Sept. 18, 1973. ---------------------------------------------------------------------------------------------------------------- ottawa county ---------------------------------------------------------------------------------------------------------------- Consumer Power Co. (Campbell Plant West Olive............. 336.44................. Sept. 18, 1973. Units 1, 2). ---------------------------------------------------------------------------------------------------------------- [37 FR 10873, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1175, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1176 Review of new sources and modifications. [Reserved] top §§ 52.1177-52.1178 [Reserved] top § 52.1179 Control strategy: Carbon monoxide. top (a) Approval—On March 18, 1999, the Michigan Department of Environmental Quality submitted a request to redesignate the Detroit CO nonattainment area (consisting of portions of Wayne, Oakland and Macomb Counties) to attainment for CO. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a base year (1996 attainment year) emission inventory for CO, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2010, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the CO NAAQS (which must be confirmed by the State), Michigan will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. The menu of contingency measures includes enforceable emission limitations for stationary sources, transportation control measures, or a vehicle inspection and maintenance program. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990. (b) Approval—On December 19, 2003, Michigan submitted a request to revise its plan for the Southeast Michigan CO maintenance area (consisting of portions of Wayne, Oakland and Macomb Counties). The submittal contains updated emission inventories for 1996 and 2010, and an update to the 2010 motor vehicle emissions budget (MVEB). The 2010 MVEB is 3,842.9 tons of CO per day. [70 FR 4023, Jan. 28, 2005] § 52.1180 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Michigan. (c) All applications and other information required pursuant to §52.21 from sources located in the State of Michigan shall be submitted to the Michigan Department of Natural Resources, Air Quality Division, P.O. Box 30028, Lansing, Michigan 48909. [45 FR 8299, Feb. 7, 1980; 45 FR 52741, Aug. 7, 1980, as amended at 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003] § 52.1181 Interstate pollution. top (a) The requirements of Section 126(a)(1) of the Clean Air Act as amended in 1977 are not met since the state has not submitted to EPA, as a part of its State Implementation Plan, the procedures on which the state is relying to notify nearby states of any proposed major stationary source which may contribute significantly to levels of air pollution in excess of the National Ambient Air Quality Standards in that state. [46 FR 30084, June 5, 1981] § 52.1182 State boards. top (a) The requirements of Section 128 of the Clean Air Act as amended in 1977 are not met since the state has not submitted to EPA, as a part of its State Implementation Plan, the measures on which the state is relying to insure that the Air Pollution Control Commission contains a majority of members who represent the public interest and do not derive a significant portion of their income from persons subject to permits or enforcement orders under the Act and that the board members adequately disclose any potential conflicts of interest. [46 FR 30084, June 5, 1981] § 52.1183 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring and new source review. The provisions of §§52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of Michigan. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of Michigan. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987] § 52.1184 Small business stationary source technical and environmental compliance assistance program. top The Michigan program submitted on November 13, 1992, January 8, 1993, and November 12, 1993, as a requested revision to the Michigan State Implementation Plan satisfies the requirements of section 507 of the Clean Air Act Amendments of 1990. [59 FR 28788, June 3, 1994] § 52.1185 Control strategy: Carbon monoxide. top (a) Approval—On November 24, 1994, the Michigan Department of Natural Resources submitted a revision to the carbon monoxide State Implementation Plan. The submittal pertained to a plan for the implementation and enforcement of the Federal transportation conformity requirements at the State or local level in accordance with 40 CFR part 51, subpart T—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act. (b) Approval—On November 29, 1994, the Michigan Department of Natural Resources submitted a revision to the carbon monoxide State Implementation Plan for general conformity rules. The general conformity SIP revisions enable the State of Michigan to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans. [61 FR 66609, 66611, Dec. 18, 1996] Subpart Y—Minnesota top § 52.1219 Identification of plan—conditional approval. top (a) On November 12, 1993, the Minnesota Pollution Control Agency submitted a revision request to Minnesota's carbon monoxide SIP for approval of the State's basic inspection and maintenance (I/M) program. The basic I/M program requirements apply to sources in the State's moderate nonattainment areas for carbon monoxide and includes the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties. The USEPA is conditionally approving Minnesota's basic I/M program provided that the State adopt specific enforceable measures as outlined in its July 5, 1994 letter from Charles W. Williams, Commissioner, Minnesota Air Pollution Control Agency. (i) Incorporation by reference. (A) Minnesota Rules relating to Motor Vehicle Emissions parts 7023.1010 to 7023.1105, effective January 8, 1994. (ii) Additional material. (A) Letter from the State of Minnesota to USEPA dated July 5, 1994. (b) On February 9, 1996, the State of Minnesota submitted a request to revise its particulate matter (PM) State Implementation Plan (SIP) for the Saint Paul area. This SIP submittal contains administrative orders which include control measures for three companies located in the Red Rock Road area—St. Paul Terminals, Inc., Lafarge Corporation and AMG Resources Corporation. Recent exceedances were attributed to changes of emissions/operations that had occurred at particular sources in the area. The results from the modeling analysis submitted with the Red Rock Road SIP revision, preliminarily demonstrate protection of the PM National Ambient Air Quality Standards (NAAQS). However, due to the lack of emission limits and specific information regarding emission distribution at Lafarge Corporation following the installation of the pneumatic unloader, EPA is conditionally approving the SIP revision at this time. Final approval will be conditioned upon EPA receiving a subsequent modeled attainment demonstration with specific emission limits for Lafarge Corporation, corrected inputs for Peavey/Con-Agra, and consideration of the sources in the 2–4 km range which have experienced emission changes that may impact the Red Rock Road attainment demonstration. [59 FR 51863, Oct. 13, 1994, as amended at 62 FR 39123, July 22, 1997] § 52.1220 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for Minnesota under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air Quality Standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to December 1, 2004, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with the EPA approval dates after December 1, 2004, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 5 certifies that the rules/regulations provided by the EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of December 1, 2004. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 5, Air Programs Branch, 77 West Jackson Boulevard, Chicago, IL 60604; the EPA, Air and Radiation Docket and Information Center, 1301 Constitution Avenue NW., Room B108, Washington, DC 20460; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA_Approved Minnesota Regulations ---------------------------------------------------------------------------------------------------------------- State Minnesota citation Title / subject effective date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- CHAPTER 7001 PERMITS AND CERTIFICATIONS ---------------------------------------------------------------------------------------------------------------- 7001.0020.............. Scope................. 08/10/93 05/02/95, 60 FR 21447.. Only items I and J. 7001.0050.............. Written application... 08/10/93 05/02/95, 60 FR 21447.. Only item I. 7001.0140.............. Final determination... 08/10/93 05/02/95, 60 FR 21447.. Only Subp. 2F. 7001.0180.............. Justification to 08/10/93 05/02/95, 60 FR 21447.. Only item D. commence revocation without reissuance of permit. 7001.0550.............. Contents of part a of 08/10/93 05/02/95, 60 FR 21447.. Only items E and J(3). application. 7001.3050.............. Permit requirements... 08/10/93 05/02/95, 60 FR 21447.. Only Subp. 3E. ---------------------------------------------------------------------------------------------------------------- CHAPTER 7002 PERMIT FEES ---------------------------------------------------------------------------------------------------------------- 7002.0005.............. Scope................. 08/10/93 05/02/95, 60 FR 21447.. 7002.0015.............. Definitions........... 08/10/93 05/02/95, 60 FR 21447.. Only Subp. 1 and 2. ---------------------------------------------------------------------------------------------------------------- CHAPTER 7005 DEFINITIONS AND ABBREVIATIONS ---------------------------------------------------------------------------------------------------------------- 7005.0100.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. All except 25(a), NESHAP definition. 7005.0110.............. Abbreviations......... 10/18/93 05/24/95, 60 FR 27411.. ---------------------------------------------------------------------------------------------------------------- CHAPTER 7007 AIR EMISSION PERMITS ---------------------------------------------------------------------------------------------------------------- 7007.0050.............. Scope................. 08/10/93 05/02/95, 60 FR 21447.. 7007.0100.............. Definitions........... 08/10/93 05/02/95, 60 FR 21447.. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 9a, 12a, 12b, 17, 18a, and 28. 7007.0150.............. Permit required....... 08/10/93 05/02/95, 60 FR 21447.. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 2 and 4. 7007.0200.............. Sources required or 08/10/93 05/02/95, 60 FR 21447.. allowed to obtain a part 70 permit. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1. 7007.0250.............. Sources required to 08/10/93 05/02/95, 60 FR 21447.. obtain a state permit. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1 and 7. 7007.0300.............. Sources not required 08/10/93 05/02/95, 60 FR 21447.. to obtain a permit. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1. 7007.0350.............. Existing source 08/10/93 05/02/95, 60 FR 21447.. application deadlines and source operation during transition. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1A. 7007.0400.............. Permit reissuance 08/10/93 05/02/95, 60 FR 21447.. applications after 12/27/94 05/18/99, 64 FR 26880.. transition; new Revised Subp. 1 and 4.. source and permit amendment applications; applications for sources newly subject to a Part 70 or State permit requirement. 7007.0450.............. Permit reissuance 08/10/93 05/02/95, 60 FR 21447.. applications and 12/27/94 05/18/99, 64 FR 26880.. continuation of Revised Subp. 2C....... expiring permits. 7007.0500.............. Content of permit 08/10/93 05/02/95, 60 FR 21447.. application. 7007.0550.............. Confidential 08/10/93 05/02/95, 60 FR 21447.. information. 7007.0600.............. Complete application 08/10/93 05/02/95, 60 FR 21447.. and supplemental information requirements. 7007.0650.............. Who receives an 08/10/93 05/02/95, 60 FR 21447.. application. 7007.0700.............. Completeness review... 08/10/93 05/02/95, 60 FR 21447.. 7007.0750.............. Application priority 08/10/93 05/02/95, 60 FR 21447.. and issuance timelines. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 5. 7007.0800.............. Permit content........ 08/10/93 05/02/95, 60 FR 21447.. 02/28/95 10/14/97, 62 FR 53239.. Revised Subp. 6.C(5). 7007.0850.............. Permit application 08/10/93 05/02/95, 60 FR 21447.. notice and comment. 7007.0900.............. Review of part 70 08/10/93 05/02/95, 60 FR 21447.. permits by affected states. 7007.0950.............. EPA review and 08/10/93 05/02/95, 60 FR 21447.. objection. 7007.1000.............. Permit issuance and 08/10/93 05/02/95, 60 FR 21447.. denial. 7007.1050.............. Duration of permits... 08/10/93 05/02/95, 60 FR 21447.. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 3a. 7007.1100.............. General permits....... 08/10/93 05/02/95, 60 FR 21447.. 7007.1110.............. Registration permit 12/27/94 05/18/99, 64 FR 26880.. general requirements. 7007.1115.............. Registration permit 12/27/94 05/18/99, 64 FR 26880.. option a. 7007.1120.............. Registration permit 12/27/94 05/18/99, 64 FR 26880.. option b. 7007.1130.............. Registration permit 12/27/94 05/18/99, 64 FR 26880.. option d. 7007.1150.............. When a permit 08/10/93 05/02/95, 60 FR 21447.. amendment is required. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. (C). 7007.1200.............. Calculating emission 12/27/94 05/18/99, 64 FR 26880.. changes for permit amendments. 7007.1250.............. Insignificant 08/10/93 05/02/95, 60 FR 21447.. modifications. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1. 7007.1251.............. Hazardous air 12/27/94 05/18/99, 64 FR 26880.. pollutant thresholds. 7007.1300.............. Insignificant 08/10/93 05/02/95, 60 FR 21447.. activities list. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 2, 3, and 4. 7007.1350.............. Changes which 08/10/93 05/02/95, 60 FR 21447.. contravene certain permit terms. 7007.1400.............. Administrative permit 08/10/93 05/02/95, 60 FR 21447.. amendments. 7007.1450.............. Minor and moderate 08/10/93 05/02/95, 60 FR 21447.. permit amendments. 12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 2. 7007.1500.............. Major permit 08/10/93 05/02/95, 60 FR 21447.. amendments. 7007.1600.............. Permit reopening and 08/10/93 05/02/95, 60 FR 21447.. amendment by agency. 7007.1650.............. Reopenings for cause 08/10/93 05/02/95, 60 FR 21447.. by EPA. 7007.1700.............. Permit revocation by 08/10/93 05/02/95, 60 FR 21447.. agency. 7007.1750.............. Federal enforceability 08/10/93 05/02/95, 60 FR 21447.. 7007.1800.............. Permit shield......... 08/10/93 05/02/95, 60 FR 21447.. 7007.1850.............. Emergency provision... 08/10/93 05/02/95, 60 FR 21447.. ---------------------------------------------------------------------------------------------------------------- Offsets ---------------------------------------------------------------------------------------------------------------- 7007.4000.............. Scope................. 10/18/93 05/24/95, 60 FR 27411.. 7007.4010.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7007.4020.............. Conditions for permit. 10/18/93 05/24/95, 60 FR 27411.. 7007.4030.............. Limitation on use of 10/18/93 05/24/95, 60 FR 27411.. offsets. ---------------------------------------------------------------------------------------------------------------- CHAPTER 7009 AMBIENT AIR QUALITY STANDARDS ---------------------------------------------------------------------------------------------------------------- 7009.0010.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7009.0020.............. Prohibited emissions.. 10/18/93 05/24/95, 60 FR 27411.. 7009.0050.............. Measurement 10/18/93 05/24/95, 60 FR 27411.. methodology, except for hydrogen sulfide. 7009.0060.............. Measurement 10/18/93 05/24/95, 60 FR 27411.. methodology for hydrogen sulfide. 7009.0070.............. Time of compliance.... 10/18/93 05/24/95, 60 FR 27411.. 7009.0080.............. State ambient air 10/18/93 05/24/95, 60 FR 27411.. quality standards. 7009.1000.............. Air pollution episodes 10/18/93 05/24/95, 60 FR 27411.. 7009.1010.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7009.1020.............. Episode levels........ 10/18/93 05/24/95, 60 FR 27411.. 7009.1030.............. Episode declaration... 10/18/93 05/24/95, 60 FR 27411.. 7009.1040.............. Control actions....... 10/18/93 05/24/95, 60 FR 27411.. 7009.1050.............. Emergency powers...... 10/18/93 05/24/95, 60 FR 27411.. 7009.1060.............. Table 1............... 10/18/93 05/24/95, 60 FR 27411.. 7009.1070.............. Table 2: emission 10/18/93 05/24/95, 60 FR 27411.. reduction objectives for particulate matter. 7009.1080.............. Table 3: emission 10/18/93 05/24/95, 60 FR 27411.. objectives for sulfur oxides. 7009.1090.............. Table 4: emission 10/18/93 05/24/95, 60 FR 27411.. reduction objectives for nitrogen oxides. 7009.1100.............. Table 5: emission 10/18/93 05/24/95, 60 FR 27411.. reduction objectives for hydrocarbons. 7009.1110.............. Table 6: emission 10/18/93 05/24/95, 60 FR 27411.. reduction objectives for carbon monoxide. ---------------------------------------------------------------------------------------------------------------- General Conformity Rule ---------------------------------------------------------------------------------------------------------------- 7009.9000.............. Determining conformity 11/20/95 04/23/97, 62 FR 19674.. of general federal actions to state or federal implementation plans. ---------------------------------------------------------------------------------------------------------------- CHAPTER 7011 STANDARDS FOR STATIONARY SOURCES ---------------------------------------------------------------------------------------------------------------- 7011.0010.............. Applicability of 10/18/93 05/24/95, 60 FR 27411.. standards of performance. 07/13/98 05/13/02, 67 FR 31963.. Revised Subp. 4 and 5 7011.0020.............. Circumvention......... 10/18/93 05/24/95, 60 FR 27411.. 7011.0060.............. Definitions........... 12/27/94 05/18/99, 64 FR 26880.. 7011.0061.............. Incorporation by 12/27/94 05/18/99, 64 FR 26880.. reference. 7011.0065.............. Applicability......... 12/27/94 05/18/99, 64 FR 26880.. 7011.0070.............. Listed control 12/27/94 05/18/99, 64 FR 26880.. equipment and control equipment efficiencies. 7011.0075.............. Listed control 12/27/94 05/18/99, 64 FR 26880.. equipment general requirements. 7011.0080.............. Monitoring and record 12/27/94 05/18/99, 64 FR 26880.. keeping for listed control equipment. ---------------------------------------------------------------------------------------------------------------- Opacity ---------------------------------------------------------------------------------------------------------------- 7011.0100.............. Scope................. 10/18/93 05/24/95, 60 FR 27411.. 7011.0105.............. Visible emission 07/13/98 05/13/02, 67 FR 31963.. restrictions for existing facilities. 7011.0110.............. Visible emission 10/18/93 05/24/95, 60 FR 27411.. restrictions for new facilities. 7011.0115.............. Performance tests..... 10/18/93 05/24/95, 60 FR 27411.. 7011.0150.............. Preventing particulate 10/18/93 05/24/95, 60 FR 27411.. matter from becoming airborne. ---------------------------------------------------------------------------------------------------------------- Indirect Heating Equipment ---------------------------------------------------------------------------------------------------------------- 7011.0500.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.0505.............. Determination of 10/18/93 05/24/95, 60 FR 27411.. applicable standards of performance. 7011.0510.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for existing indirect heating equipment. 07/13/98 05/13/02, 67 FR 31963.. Revised Subp. 2. 7011.0515.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for new indirect heating equipment. 07/13/98 05/13/02, 67 FR 31963.. Revised Subp. 2. 7011.0520.............. Allowance for stack 10/18/93 05/24/95, 60 FR 27411.. height for indirect heating equipment. 7011.0525.............. High heating value.... 10/18/93 05/24/95, 60 FR 27411.. 7011.0530.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. methods. 7011.0535.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. 7011.0540.............. Derate................ 10/18/93 05/24/95, 60 FR 27411.. 7011.0545.............. Table I: Existing 10/18/93 05/24/95, 60 FR 27411.. indirect heating equipment. 7011.0550.............. Table II: New indirect 10/18/93 05/24/95, 60 FR 27411.. heating equipment. ---------------------------------------------------------------------------------------------------------------- Direct Heating Equipment ---------------------------------------------------------------------------------------------------------------- 7011.0600.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.0605.............. Determination of 10/18/93 05/24/95, 60 FR 27411.. applicable standards of performance. 7011.0610.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for fossil-fuel-burning direct heating equipment. 07/13/98 05/13/02, 67 FR 31963.. Revised Subp. 1(A). 7011.0615.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. methods. 7011.0620.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. 7011.0625.............. Record keeping and 04/03/98 08/12/98, 63 FR 43080.. reporting for direct heating units combusting solid waste. ---------------------------------------------------------------------------------------------------------------- Industrial Process Equipment ---------------------------------------------------------------------------------------------------------------- 7011.0700.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.0705.............. Scope................. 10/18/93 05/24/95, 60 FR 27411.. 7011.0710.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for pre- 1969 industrial process equipment. 07/13/98 05/13/02, 67 FR 31963.. Revised Subp. 1(B). 7011.0715.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for post- 1969 industrial process equipment. 7011.0720.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. methods. 7011.0725.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. 7011.0730.............. Table 1............... 10/18/93 05/24/95, 60 FR 27411.. 7011.0735.............. Table 2............... 10/18/93 05/24/95, 60 FR 27411.. ---------------------------------------------------------------------------------------------------------------- Portland Cement Plants ---------------------------------------------------------------------------------------------------------------- 7011.0800.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.0805.............. Standards of 07/13/98 05/13/02, 67 FR 31963.. performance for existing portland cement plants. 7011.0815.............. Monitoring of 10/18/93 05/24/95, 60 FR 27411.. operations. 7011.0820.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. methods. 7011.0825.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. ---------------------------------------------------------------------------------------------------------------- Asphalt Concrete Plants ---------------------------------------------------------------------------------------------------------------- 7011.0900.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.0903.............. Compliance with 10/18/93 05/24/95, 60 FR 27411.. ambient air quality standards. 7011.0905.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for existing asphalt concrete plants. 7011.0909.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for new hot mix asphalt plants. 7011.0915.............. Test methods.......... 10/18/93 05/24/95, 60 FR 27411.. 7011.0920.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. ---------------------------------------------------------------------------------------------------------------- Grain Elevators ---------------------------------------------------------------------------------------------------------------- 7011.1000.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.1005.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. Entire rule except performance for dry Subp. 2. for bulk agricultural commodity facilities. 7011.1010.............. Nuisance.............. 10/18/93 05/24/95, 60 FR 27411.. 7011.1015.............. Control requirements 10/18/93 05/24/95, 60 FR 27411.. schedule. ---------------------------------------------------------------------------------------------------------------- Coal Handling Facilities ---------------------------------------------------------------------------------------------------------------- 7011.1100.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.1105.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for certain coal handling facilities. 7011.1110.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for existing outstate coal handling facilities. 7011.1115.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for pneumatic coal- cleaning equipment and thermal dryers at any coal handling facility. 7011.1120.............. Exemption............. 10/18/93 05/24/95, 60 FR 27411.. 7011.1125.............. Cessation of 10/18/93 05/24/95, 60 FR 27411.. operations. 7011.1135.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. 7011.1140.............. Dust suppressant 10/18/93 05/24/95, 60 FR 27411.. agents. ---------------------------------------------------------------------------------------------------------------- Incinerators ---------------------------------------------------------------------------------------------------------------- 7011.1201.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.1202.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for existing incinerators. 7011.1203.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for new incinerators.. 7011.1204.............. Monitoring of 10/18/93 05/24/95, 60 FR 27411.. operations. 7011.1205.............. Incorporations by 10/18/93 05/24/95, 60 FR 27411.. reference. 7011.1206.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. methods. 7011.1207.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. ---------------------------------------------------------------------------------------------------------------- Sewage Sludge Incinerators ---------------------------------------------------------------------------------------------------------------- 7011.1300.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.1305.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for existing sewage sludge incinerators. 07/13/98 05/13/02, 67 FR 31963.. Revised Subp. (C) 7011.1310.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for new sewage sludge incinerators. 7011.1315.............. Monitoring of 10/18/93 05/24/95, 60 FR 27411.. operations. 7011.1320.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. methods. 7011.1325.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. ---------------------------------------------------------------------------------------------------------------- Petroleum Refineries ---------------------------------------------------------------------------------------------------------------- 7011.1400.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.1405.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for existing affected facilities at petroleum refineries. 07/13/98 05/13/02, 67 FR 31963.. Revised Subp. 1 and 3. 7011.1410.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for new affected facilities at petroleum refineries. 07/13/98 05/13/02, 67 FR 31963.. Revised Subp. 1, 3(B), 3(C)(2) 7011.1415.............. Exemptions............ 10/18/93 05/24/95, 60 FR 27411.. 7011.1420.............. Emission monitoring... 10/18/93 05/24/95, 60 FR 27411.. 7011.1425.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. methods. 7011.1430.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. ---------------------------------------------------------------------------------------------------------------- Liquid Petroleum and VOC Storage Vessels ---------------------------------------------------------------------------------------------------------------- 7011.1500.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.1505.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for storage vessels. 7011.1510.............. Monitoring of 10/18/93 05/24/95, 60 FR 27411.. operations. 7011.1515.............. Exception............. 10/18/93 05/24/95, 60 FR 27411.. ---------------------------------------------------------------------------------------------------------------- Sulfuric Acid Plants ---------------------------------------------------------------------------------------------------------------- 7011.1600.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.1605.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance of existing sulfuric acid production units. 7011.1615.............. Continuous emission 10/18/93 05/24/95, 60 FR 27411.. monitoring. 7011.1620.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. methods. 7011.1625.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. 7011.1630.............. Exceptions............ 10/18/93 05/24/95, 60 FR 27411.. ---------------------------------------------------------------------------------------------------------------- Nitric Acid Plants ---------------------------------------------------------------------------------------------------------------- 7011.1700.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.1705.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for existing nitric acid production units. 7011.1715.............. Emission monitoring... 10/18/93 05/24/95, 60 FR 27411.. 7011.1720.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. methods. 7011.1725.............. Performance test 10/18/93 05/24/95, 60 FR 27411.. procedures. ---------------------------------------------------------------------------------------------------------------- Inorganic Fibrous Materials ---------------------------------------------------------------------------------------------------------------- 7011.2100.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7011.2105.............. Spraying of inorganic 10/18/93 05/24/95, 60 FR 27411.. fibrous materials. ---------------------------------------------------------------------------------------------------------------- Stationary Internal Combustion Engines ---------------------------------------------------------------------------------------------------------------- 7011.2300.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for stationary internal combustion engines. ---------------------------------------------------------------------------------------------------------------- CHAPTER 7017 MONITORING AND TESTING REQUIREMENTS ---------------------------------------------------------------------------------------------------------------- 7017.0100.............. Establishing 02/28/95 I0/14/97, 62 FR 53239.. violations. ---------------------------------------------------------------------------------------------------------------- CEMS ---------------------------------------------------------------------------------------------------------------- 7017.1000.............. Continuous monitoring. 10/18/93 05/24/95, 60 FR 27411.. ---------------------------------------------------------------------------------------------------------------- Performance Tests ---------------------------------------------------------------------------------------------------------------- 7017.2001.............. Applicability......... 07/13/98 05/13/02, 67 FR 31963.. 7017.2005.............. Definitions........... 07/13/98 05/13/02, 67 FR 31963.. 7017.2010.............. Incorporation of test 07/13/98 05/13/02, 67 FR 31963.. methods by reference. 7017.2015.............. Incorporation of 07/13/98 05/13/02, 67 FR 31963.. federal testing requirements by reference. 7017.2018.............. Submittals............ 07/13/98 05/13/02, 67 FR 31963.. 7017.2020.............. Performance tests 07/13/98 05/13/02, 67 FR 31963.. general requirements. 7017.2025.............. Operational 07/13/98 05/13/02, 67 FR 31963.. requirements and limitations. 7017.2030.............. Performance test 07/13/98 05/13/02, 67 FR 31963.. pretest requirements. 7017.2035.............. Performance test 07/13/98 05/13/02, 67 FR 31963.. reporting requirements. 7017.2040.............. Certification of 07/13/98 05/13/02, 67 FR 31963.. performance test results. 7017.2045.............. Quality assurance 07/13/98 05/13/02, 67 FR 31963.. requirements. 7017.2050.............. Performance test 07/13/98 05/13/02, 67 FR 31963.. methods. 7017.2060.............. Performance test 07/13/98 05/13/02, 67 FR 31963.. procedures. ---------------------------------------------------------------------------------------------------------------- CHAPTER 7019 EMISSION INVENTORY REQUIREMENTS ---------------------------------------------------------------------------------------------------------------- 7019.1000.............. Shutdowns and 10/18/93 05/24/95, 60 FR 27411.. breakdowns. 7019.2000.............. Reports............... 10/18/93 05/24/95, 60 FR 27411.. 7019.3000.............. Emission inventory.... 10/18/93 05/24/95, 60 FR 27411.. 7019.3010.............. Calculation of actual 10/18/93 05/24/95, 60 FR 27411.. emissions for emission inventory. ---------------------------------------------------------------------------------------------------------------- CHAPTER 7023 MOBILE AND INDIRECT SOURCES ---------------------------------------------------------------------------------------------------------------- 7023.0100.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.. 7023.0105.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for motor vehicles. 7023.0110.............. Standards of 10/18/93 05/24/95, 60 FR 27411.. performance for trains, boats, and construction equipment. 7023.0115.............. Exemption............. 10/18/93 05/24/95, 60 FR 27411.. 7023.0120.............. Air pollution control 10/18/93 05/24/95, 60 FR 27411.. systems restrictions. 7023.1010.............. Definitions........... 01/08/94 10/29/99, 64 FR 58344.. Entire rule except for Subp. 35(B) 7023.1015.............. Inspection Requirement 01/08/94 10/29/99, 64 FR 58344.. 7023.1020.............. Description of 01/08/94 10/29/99, 64 FR 58344.. Inspection and Documents Required. 7023.1025.............. Tampering Inspection.. 01/08/94 10/29/99, 64 FR 58344.. 7023.1030.............. Exhaust Emission Test. 01/08/94 10/29/99, 64 FR 58344.. Entire rule except for Subp. 11(B, C) 7023.1035.............. Reinspections......... 01/08/94 10/29/99, 64 FR 58344.. 7023.1040.............. Vehicle Inspection 01/08/94 10/29/99, 64 FR 58344.. Report. 7023.1045.............. Certificate of 01/08/94 10/29/99, 64 FR 58344.. Compliance. 7023.1050.............. Vehicle Noncompliance 01/08/94 10/29/99, 64 FR 58344.. and Repair. 7023.1055.............. Certificate of Waiver. 01/08/94 10/29/99, 64 FR 58344.. Entire rule except for Subp. 1 (E)(2). 7023.1060.............. Emission Control 01/08/94 10/29/99, 64 FR 58344.. Equipment Inspection as a Condition of Waiver. 7023.1065.............. Repair Cost Limit and 01/08/94 10/29/99, 64 FR 58344.. Low Emission Adjustment. 7023.1070.............. Certificate of 01/08/94 10/29/99, 64 FR 58344.. Temporary Extension, Certificate of Annual Exemption, and Certificate of Exemption. 7023.1075.............. Evidence of Meeting 01/08/94 10/29/99, 64 FR 58344.. State Inspection Requirements. 7023.1080.............. Fleet Inspection 01/08/94 10/29/99, 64 FR 58344.. Station Permits, Procedures, and Inspection. 7023.1085.............. Inspection Stations 01/08/94 10/29/99, 64 FR 58344.. Testing Fleet Vehicles. 7023.1090.............. Exhaust Gas Analyzer 01/08/94 10/29/99, 64 FR 58344.. Specifications; Calibration and Qality Control. 7023.1095.............. [repealed, 18 sr 1593] 01/08/94 10/29/99, 64 FR 58344.. 7023.1100.............. Public Notification... 01/08/94 10/29/99, 64 FR 58344.. 7023.1105.............. Inspection Fees....... 01/08/94 10/29/99, 64 FR 58344.. ...................... ---------------------------------------------------------------------------------------------------------------- Minnesota Statutes ---------------------------------------------------------------------------------------------------------------- 17.135................. Farm Disposal of Solid 1993 05/24/95, 60 FR 27411.. Only item (a). Waste. 88.01.................. Definitions........... 1993 05/24/95, 60 FR 27411.. Only Subd. 1, 2, 3, 4, 6, 14, 20, 23, 24, 25, and 26. 88.02.................. Citation, Wildfire Act 1993 05/24/95, 60 FR 27411.. 88.03.................. Codification.......... 1993 05/24/95, 60 FR 27411.. 88.16.................. Starting Fires; 1993 05/24/95, 60 FR 27411.. Only Subd. 1 and 2 Burners; Failure to Report a Fire. 88.17.................. Permission to Start 1993 05/24/95, 60 FR 27411.. Fires; Prosecution for Unlawfully Starting Fires. 88.171................. Open Burning 1993 05/24/95, 60 FR 27411.. Only Subd. 1, 2, 5, 6, Prohibitions. 7, 8, 9, and 10 ---------------------------------------------------------------------------------------------------------------- Twin Cities Nonattainment Area for Carbon Monoxide ---------------------------------------------------------------------------------------------------------------- 116.60................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 12. 116.61................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 1 and 3. 116.62................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 2, 3, 5, and 10. 116.63................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 4. ---------------------------------------------------------------------------------------------------------------- (d) EPA approved state source-specific requirements. EPA_Approved Minnesota Source-Specific Permits ---------------------------------------------------------------------------------------------------------------- State Name of source Permit No. effective date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- Associated Milk Producers, 10900010-001 05/05/97 03/09/01, 66 FR 14087.......... Title I Inc. conditions only. Commercial Asphalt CO, Plant 12300347-002 09/10/99 07/12/00, 65 FR 42861.......... Title I 905. conditions only. Continental Nitrogen and ............... 07/28/92 09/09/94, 59 FR 46553.......... Findings and Resources Corp. Order. 02/25/94 09/09/94, 59 FR 46553.......... Amendment One to Findings and Order. Federal Hoffman, Incorporated ............... 05/27/92 04/14/94, 59 FR 17703.......... Findings and Order. 03/23/95 04/03/98, 63 FR 16435.......... Amendment Two to Findings and Order. Flint Hills Resources, L.P. ............... 06/14/04 06/05/03, 68 FR 33631.......... Amendment Seven (formerly Koch Petroleum). to Findings and Order. Franklin Heating Station..... 1148-83-OT-1 06/19/98 03/09/01, 66 FR 14087.......... Title I [10900019] conditions only. GAF Building Materials....... ............... 05/27/92 04/14/94, 59 FR 17703.......... Findings and Order. 09/18/97 02/08/99, 64 FR 5936........... Amendment Two to Findings and Order. Gopher Smelting & 06/22/93 10/18/94, 59 FR 52431.......... Findings and Refining Co. Order. Great Lakes Coal & Dock 08/25/92 02/15/94, 59 FR 7218........... Amended Co.. Findings and Order. 12/21/94 06/13/95, 60 FR 31088.......... Amendment One to Amended Findings and Order. Harvest States Cooperatives.. 01/26/93 02/15/94, 59 FR 7218........... Findings and Order. 12/21/94 06/13/95, 60 FR 31088.......... Amendment One to Findings and Order. International Business 10900006-001 06/03/98 03/09/01, 66 FR 14087.......... Title I Machine Corp., IBM_Rochester. conditions only. J.L. Shiely Co............... 08/25/92 02/15/94, 59 FR 7218........... Amended Findings and Order. 12/21/94 06/13/95, 60 FR 31088.......... Amendment Two to Amended Findings and Order. 02/21/95 04/03/98, 63 FR 16435.......... Amendment Three to Amended Findings and Order. Lafarge Corp., Childs Road 11/30/92 02/15/94, 59 FR 7218........... Second Amended facility. Findings and Order. 12/21/94 06/13/95, 60 FR 31088.......... Amendment One to Second Amended Findings and Order. 09/23/97 02/08/99, 64 FR 5936........... Amendment Two to Second Amended Findings and Order. Lafarge Corp., Red Rock 12300353-002 05/07/02 08/19/04, 68 FR 51371.......... Title I Terminal. conditions only. Marathon Ashland Petroleum, 16300003-003 10/26/99 05/20/02, 67 FR 35437.......... Title I LLC. conditions only. Metropolitan Council 12300053-001 03/13/01 09/11/02, 67 FR 57517.......... Title I Environmental Service, conditions Metropolitan Wastewater only. Treatment Plant. Minneapolis Energy Center Inc 05/27/92 04/14/94, 59 FR 17706.......... Findings and Order for Main Plant, Baker Boiler Plant, and the Soo Line Boiler Plant. North Star Steel Co.......... 04/22/93 02/15/94, 59 FR 7218........... Third Amended Findings and Order. 12/21/94 06/13/95, 60 FR 31088.......... Amendment One to Third Amended Findings and Order. 09/23/97 02/08/99, 64 FR 5936........... Amendment Two to Third Amended Findings and Order. Northern States Power Co., 05300015-001 05/11/99 02/26/02, 67 FR 8727........... Title I Riverside Plant. conditions only. Olmstead County, Olmstead 10900005-001 06/05/97 03/09/01, 66 FR 14087.......... Title I Waste-to-Energy Facility. conditions only. Rochester Public Utilities, 00000610-001 01/10/97 03/09/01, 66 FR 14087.......... Title I Cascade Creek Combustion. conditions only. Rochester Public Utilities, 10900011-001 07/22/97 03/09/01, 66 FR 14087.......... Title I Silver Lake Plant. conditions only. St. Mary's Hospital.......... 10900008-007 02/28/97 03/09/01, 66 FR 14087.......... Title I conditions only. St. Paul Terminals........... 02/02/96 07/22/97, 62 FR 39120.......... Findings and Order. United Defense, LP (formerly 00300020-001 11/25/02 08/18/04, 69 FR 51181.......... Title I FMC/U.S. Navy). conditions only. Xcel Energy (formerly 03700015-001 07/25/00 06/08/04, 68 FR 31891.......... Title I Northern States Power) Inver conditions Hills Generating Plant. only. ---------------------------------------------------------------------------------------------------------------- (e) EPA approved nonregulatory provisions. EPA_Approved Minnesota Nonregulatory Provisions -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable geographic State submittal date/ effective Name of nonregulatory SIP provision or nonattainment area date EPA approved date Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- Air Quality Surveillance Plan....... Statewide............. 05/08/80, 06/02/80.............. 03/04/81, 46 FR 15138........... Carbon Monoxide 1993 periodic Anoka, Carver, Dakota, 09/28/95........................ 10/23/97, 62 FR 55170........... Emission Inventory. Hennepin, Ramsey, Scott, Washington, and Wright Counties. Deletion of TSP Designations........ Statewide............. 07/10/02, 67 FR 45637........... Duluth Carbon Monoxide Redesignation St. Louis County 10/30/92........................ 04/14/94, 59 FR 17708........... and Maintenance Plan. (part). Duluth Carbon Monoxide St. Louis County...... 07/3/79 and 07/27/79............ 06/16/80, 45 FR 40579........... Transportation Control Plan. 10/30/92........................ 04/14/94, 59 FR 17706........... Removal of transportation control measure. Lead Maintenance Plan............... Dakota County......... 06/22/93........................ 10/18/94, 59 FR 52431........... Corrected codification information on 05/31/ 95 at 60 FR 28339. Lead Monitoring Plan................ Statewide............. 04/26/83, 02/15/84, and 02/21/84 07/05/84, 49 FR 27502........... Entire Lead Plan except for the New Source Review portion. Oxygenated Fuels Program_Carbon Anoka, Carver, Dakota, 04/29/92........................ 02/21/96, 61 FR6547............. Laws of Minnesota for Monoxide Contingency Measure. Hennepin, Ramsey, 1992 Chapter 575, Scott, Washington, section 29(b). and Wright Counties. Rochester Carbon Monoxide Olmstead County....... 07/3/79 and 07/27/79............ 06/16/80, 45 FR 40579........... Transportation Control Plan. Rochester PM-10 Redesignation and Olmstead County....... 09/07/94........................ 05/31/95, 60 FR 28339........... Maintenance Plan. Rochester Sulfur Dioxide Olmstead County....... 110/4/98........................ 03/09/01, 66 FR 14087........... Redesignation and Maintenance Plan. Small Business Stationary Source Statewide............. 04/29/92........................ 03/16/94, 59 FR 12165........... MN Laws Ch 546 Technical and Environmental sections 5 through 9. Compliance Assistance Plan. St. Cloud Carbon Monoxide Benton, Sherbourne, 08/31/89........................ 06/28/93, 58 FR 34532........... Redesignation. and Stearns Counties. St. Cloud Carbon Monoxide Benton, Sherbourne, 05/17/79........................ 12/13/79, 44 FR 72116........... Transportation Control Plan. and Stearns Counties. 08/31/89........................ 06/28/93, 58 FR 34529........... St. Paul PM-10 Redesignation and Ramsey County......... 06/20/02........................ 07/26/02, 67 FR 48787........... Maintenance Plan. Twin Cities Carbon Monoxide Anoka, Carver, Dakota, 03/23/98........................ 10/29/99, 64 FR 58347........... Redesignation and Maintenance Plan. Hennepin, Ramsey, Scott, Washington, and Wright Counties. Twin Cities Carbon Monoxide Anoka, Carver, Dakota, 07/3/79 and 07/27/79............ 06/16/80, 45 FR 40579........... Transportation Control Plan. Hennepin, Ramsey, 07/21/81........................ 12/08/81, 46 FR 59972........... Scott, and Washington 05/20/85 and 04/17/86........... 12/31/86, 51 FR 47237........... Counties. Twin Cities / Pine Bend Sulfur Anoka, Carver, Dakota, 09/07/94........................ 05/31/95, 60 FR 28339........... Except for St. Paul Dioxide Redesignation and Hennepin, Ramsey, and ................................ ................................ Park area. Maintenance Plan. Washington Counties. 10/03/95........................ 05/13/97, 62 FR 26230........... St. Paul Park area. -------------------------------------------------------------------------------------------------------------------------------------------------------- [70 FR 8932, Feb. 24, 2005, as amended at 70 FR 54844, Sept. 19, 2005] § 52.1221 Classification of regions. top The Minnesota plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Central Minnesota Intrastate......................... II III III III III Southeast Minnesota-La Crosse (Wisconsin) Interstate. II Ia III III III Duluth (Minnesota)-Superior (Wisconsin) Interstate... I II III III III Metropolitan Fargo-Moorhead Interstate............... II III III III III Minneapolis-St. Paul Intrastate...................... I I III I III Northwest Minnesota Intrastate....................... II III III III III Southwest Minnesota Intrastate....................... III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10874, May 31, 1972, as amended at 39 FR 16346, May 8, 1974] § 52.1222 Original Identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of Minnesota” and all revisions submitted by Minnesota that were federally approved prior to December 1, 2004. (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) A revised copy of the State emergency episode criteria was forwarded on February 7, 1972. (Non-regulatory) (2) Information concerning intergovernmental cooperation was submitted by the Minnesota Pollution Control Agency on March 27, 1972. (3) Certification that the State had adopted amendments to APC–1, 3, 4, 11, and 15, adopted a new air pollution control regulation (APC–16) and projected manpower resources was submitted by the State on April 28, 1972. (4) An opinion on the availability of emission data to the public and evaluation of regulation concerning new construction was submitted by the State Attorney General's office on June 15, 1972. (Non-regulatory) (5) A revised version of the State's regulation APC–3 was submitted by the Governor on July 25, 1972. (6) On June 8, 1973, the Governor of Minnesota submitted a transportation control plan for the Minneapolis-St. Paul Intrastate Air Quality Control Region. (7) Information concerning the transportation control plan was submitted on June 18, 1973, by the Minnesota Pollution Control Agency. (8) Compliance schedules were submitted on June 28, 1973, by the Minnesota Pollution Control Agency. (9) Information concerning the transportation control plan was submitted on July 30, 1973, by the Metropolitan Transit Commission. (10) Information concerning the transportation control plan was submitted on August 1, 1973, by the Minnesota Department of Highways. (11) Compliance schedules were submitted on August 9, 1973, by the Minnesota Pollution Control Agency. (12) On November 15, 1974, the Governor of Minnesota submitted recommended Air Quality Maintenance Area identifications. (13) A request for an extension of the statutory timetable for the submittal of the portion of the Minnesota State Implementation Plan implementing the National Secondary Ambient Air Quality Standards for total suspended particulates was submitted by the Executive Director of the Minnesota Pollution Control Agency on January 8, 1979, and was supplemented with additional information on March 9, 1979. (14) A transportation control plan for the St. Cloud Metropolitan Area was submitted on May 17, 1979, by the Minnesota Pollution Control Agency. (15) Transportation control plans for the Metropolitan Areas of Duluth, Rochester and Minneapolis-St. Paul were submitted on July 3, 1979, and July 23, 1979, by the Minnesota Pollution Control Agency. (16) On March 5, 1980, the State of Minnesota submitted a revision to provide for modification of the existing air quality surveillance network. An amendment to the revision was submitted by the State of Minnesota on June 2, 1980. (17) The sulfur dioxide control plan and revised operating permits for the Rochester and Twin Cities nonattainment areas were submitted by the State of Minnesota on July 17, 1980, and August 4, 1980. Amendments to the control plans were submitted on September 4, 1980. EPA's approval of the control plan includes approval of the emission limitations contained in the revised operating permits. (18) Stipulation Agreement between the State Pollution Control Agency and Erie Mining Company submitted by the State on February 20, 1981. (19) On July 29, 1981, the Minnesota Pollution Control Agency submitted an amendment to the transportation control plan for the Minneapolis-St. Paul Metropolitan Area. (20) On August 4, 1980, and October 17, 1980, the State submitted its total suspended particulate Part D control plans for the Twin Cities Seven County Metropolitan Area and the City of Duluth. As part of the control strategies the State on January 5, 1981 submitted rule APC–33 and on January 23, 1981 further submitted amended and new rules. The amended and new rules that control total suspended particulate (TSP) emissions are: Amended APC–2, APC–4, APC–5, APC–7, APC–11; and new APC–18, APC–21, APC–22, APC–23, APC–24, APC–25, APC–26, APC–28, APC–29, and APC–32. Regulations APC–4, APC–24, and APC–32 are only approved as they apply to TSP emissions. (21) On January 23, 1981, the State submitted new rules and amendments to some of their previously approved rules. On November 17, 1981, the State submitted amendments to APC–33. On May 6, 1982 (47 FR 19520), EPA approved some of the rules insofar as they applied to the total suspended particulate strategy for the Twin Cities Seven County Metropolitan Area and the City of Duluth. The remainder of the rules are: (i) Those portions of APC–4, APC–24, and APC–32 which control emissions of sulfur dioxide, nitrogen dioxide, and carbon monoxide; (ii) the amendments to APC–33; and (iii) APC–8, APC–12, APC–13, APC–15, APC–16, APC–19 and APC–39. (22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional information was submitted on February 15, 1984, and February 21, 1984. (23) On May 20, 1985, and on April 17, 1986, the State submitted a carbon monoxide plan for the intersection of Snelling and University Avenues in the City of St. Paul. The plan committed to improved signal progression through the intersection by December 31, 1987, and a parking ban on University Avenue within 1 block in either direction of the intersection with Snelling Avenue by December 31, 1989. (i) Incorporation by reference. (A) Amendment to Air Quality Control Plan for Transportation for the Metropolitan Council of the Twin Cities Area dated January 28, 1985. (B) Letter from Minnesota Pollution Control Agency, dated April 17, 1986, and letter from the City of St. Paul, dated April 1, 1986, committing to implementing of transportation control measures. (24) On January 7, 1985, the State of Minnesota submitted a consolidated permit rule (CPR) to satisfy the requirements of 40 CFR 51.160 through 51.164 for a general new source review (NSR) program, including lead. On October 25, 1985, the State submitted a Memorandum of Agreement (MOA) which remedied certain deficiencies (40 CFR 52.1225(d)). On October 1, 1986, and January 14, 1987, the State committed to implement its NSR program using USEPA's July 8, 1985 (50 FR 27892), regulations for implementing the stack height requirements of Section 123 of the Clean Air Act (40 CFR 52.1225(e)). USEPA is approving the above for general NSR purposes for all sources, except it is disapproving them for those few sources subject to an NSPS requirement (40 CFR Part 60) and exempted from review under 6 MCAR section 4.4303 B.3. For these sources, NSR Rule APC 3 (40 CFR 52.1220(c)(5)), will continue to apply. Additionally, USEPA is taking no action on the CPR in relationship to the requirements of Section 111, Part C, and Part D of the Clean Air Act. (i) Incorporation by reference. (A) Within Title 6 Environment, Minnesota Code of Administrative Rules, Part 4 Pollution Control Agency (6 MCAR 4), Rule 6 MCAR 4 section 4.0002, Parts A, B, C, and E—Definitions, Abbreviations, Applicability of Standards, and Circumvention (formerly APC 2) Proposed and Published in Volume 8 of the State of Minnesota STATE REGISTER (8 S.R.) on October 17, 1983, at 8 S.R. 682 and adopted as modified on April 16, 1984, at 8 S.R. 2275. (B) Rules 6 MCAR section 4.4001 through section 4.4021—Permits (formerly APC 3)—Proposed and Published on December 19, 1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1420) and adopted as modified on April 16, 1984, at 8 S.R. 2278. (C) Rules 6 MCAR section 4.4301 through section 4.4305—Air Emission Facility Permits—Proposed and Published on December 19, 1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1470) and adopted as proposed on April 16, 1984, at 8 S.R. 2276. (D) Rules 6 MCAR section 4.4311 through section 4.4321—Indirect Source Permits (formerly APC 19)—Proposed and Published on December 19, 1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1472) and adopted as modified on April 16, 1984, at 8 S.R. 2277. (25) On July 9, 1986, the State of Minnesota submitted Rules 7005.2520 through 7005.2523, submitted to replace the rule APC–29 in the existing SIP (see paragraph (20)). This submittal also included State permits for three sources, but these permits were withdrawn from USEPA consideration on February 24, 1992. This submittal provides for regulation of particulate matter from grain handling facilities, and was submitted to satisfy a condition on the approval of Minnesota's Part D plan for particulate matter. (i) Incorporation by reference. (A) Minnesota Rule 7005.2520, Definitions; Rule 7005.2521, Standards of Performance for Dry Bulk Agricultural Commodity Facilities; Rule 7005.2522, Nuisance; and Rule 7005.2523, Control Requirements Schedule, promulgated by Minnesota on January 16, 1984, and effective at the State level on January 23, 1984. (ii) Additional Material. (A) Appendix E to Minnesota's July 9, 1986, submittal, which is a statement signed on April 18, 1986, by Thomas J. Kalitowski, Executive Director, Minnesota Pollution Control Agency, interpreting Rules 7005.2520 through 7005.2523 in the context of actual barge loading practices in Minnesota. (26) On March 13, 1989, the State of Minnesota requested that EPA revise the referencing of regulations in the SIP to conform to the State's recodification of its regulations. On November 26, 1991, and September 18, 1992, the State submitted an official version of the recodified regulations to be incorporated into the SIP. The recodified regulations are in Chapter 7001 and Chapter 7005 of Minnesota's regulations. Not approved as part of the SIP are recodified versions of regulations which EPA previously did not approve. Therefore, the SIP does not include Rules 7005.1550 through 7005.1610 (National Emission Standards for Hazardous Air Pollutants (NESHAP) for asbestos), Rules 7005.2300 through 7005.2330 (limits for iron and steel plants), Rules 7005.2550 through 7005.2590 (NESHAP for beryllium), Rules 7005.2650 through 7005.2690 (NESHAP for mercury), Rule 7005.0116 (Opacity Standard Adjustment) and Rule 7005.2910 (Performance Test Methods for coal handling facilities). Similarly, the SIP continues to exclude the exemption now in Rule 7001.1210 as applied to small sources subject to new source performance standards, and the SIP is approved only for “existing sources” in the case of Rules 7005.1250 through 7005.1280 (Standards of Performance for Liquid Petroleum Storage Vessels), Rules 7005.1350 through 7005.1410 (Standards of Performance for Sulfuric Acid Plants), Rules 7005.1450 through 7005.1500 (Standards of Performance for Nitric Acid Plants), and Rules 7005.2100 through 7005.2160 (Standards of Performance for Petroleum Refineries). The SIP also does not include changes in the State's Rule 7005.0100 (relating to offsets) that were withdrawn by the State on February 24, 1992, and does not include the new rules 7005.0030 and 7005.0040. (i) Incorporation by reference. (A) Minnesota regulations in Chapter 7005 as submitted November 26, 1991, and in Chapter 7001 as submitted September 18, 1992, except for those regulations that EPA has not approved as identified above. (27) On August 16, 1982, the MPCA submitted an amendment to the St. Cloud Area Air Quality Control Plan for Transportation as a State Implementation Plan revision. This revision to the SIP was adopted by the Board of the Minnesota Pollution Control Agency on July 27, 1982. On August 31, 1989, the Minnesota Pollution Control Agency submitted a revision to the Minnesota State Implementation Plan (SIP) for carbon monoxide deleting the Lake George Interchange roadway improvement project (10th Avenue at First Street South) from its St. Cloud transportation control measures. This revision to the SIP was approved by the Board on June 27, 1989. (i) Incorporation by reference. (A) Letter dated August 16, 1982, from Louis J. Breimburst, Executive Director, Minnesota Pollution Control Agency to Valdas V. Adamkus, Regional Administrator, United States Environmental Protection Agency—Region 5 and its enclosed amendment to the Air Quality Plan for Transportation for the St. Cloud Metropolitan Area entitled, “Staff Resolution,” measures 1, 4 and 5 adopted by the Minnesota Pollution Control Agency on July 27, 1982. (B) Letter dated August 31, 1989, from Gerald L. Willet, Commissioner, Minnesota Pollution Control Agency to Valdas V. Adamkus, Regional Administrator, United States Environmental Protection Agency—Region 5. (28) On November 9, 1992, the State of Minnesota submitted the Small Business Stationary Source Technical and Environmental Compliance Assistance plan. This submittal satisfies the requirements of section 507 of the Clean Air Act, as amended. (i) Incorporation by reference. (A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the Legislature, and signed into Law on April 29, 1992. (29) On November 26, 1991, August 31, 1992, November 13, 1992, February 3, 1993, April 30, 1993, and October 15, 1993, the State of Minnesota submitted revisions to its State Implementation Plans (SIPs) for particulate matter for the Saint Paul and Rochester areas. (i) Incorporation by reference. (A) An administrative order for Ashbach Construction Company, dated August 25, 1992, submitted August 31, 1992, for the facility at University Avenue and Omstead Street. (B) An administrative order for Commercial Asphalt, Inc., dated August 25, 1992, submitted August 31, 1992, for the facility at Red Rock Road. (C) An administrative order for Great Lakes Coal & Dock Company dated August 25, 1992, submitted August 31, 1992, for the facility at 1031 Childs Road. (D) An administrative order for Harvest States Cooperatives dated January 26, 1993, submitted February 3, 1993, for the facility at 935 Childs Road. (E) An administrative order for LaFarge Corporation dated November 30, 1992, submitted in a letter dated November 13, 1992, for the facility at 2145 Childs Road. (F) An administrative order for the Metropolitan Waste Control Commission and the Metropolitan Council dated November 30, 1992, submitted in a letter dated November 13, 1992, for the facility at 2400 Childs Road. (G) An administrative order for North Star Steel Company dated April 22, 1993, submitted April 30, 1993, for the facility at 1678 Red Rock Road. (H) An administrative order for PM Ag Products, Inc., dated August 25, 1992, submitted August 31, 1992, for the facility at 2225 Childs Road. (I) An administrative order for Rochester Public Utilities dated November 30, 1992, submitted in a letter dated November 13, 1992, for the facility at 425 Silver Lake Drive. (J) An amendment to the administrative order for Rochester Public Utilities, dated October 14, 1993, submitted October 15, 1993, for the facility at 425 Silver Lake Drive. (K) An administrative order for J.L. Shiely Company dated August 25, 1992, submitted August 31, 1992, for the facility at 1177 Childs Road. (ii) Additional materials. (A) A letter from Charles Williams to Valdas Adamkus dated November 26, 1991, with attachments. (B) A letter from Charles Williams to Valdas Adamkus dated August 31, 1992, with attachments. (C) A letter from Charles Williams to Valdas Adamkus dated November 13, 1992, with attachments. (D) A letter from Charles Williams to Valdas Adamkus dated February 3, 1993, with attachments. (E) A letter from Charles Williams to Valdas Adamkus dated April 30, 1993, with attachments. (F) A letter from Charles Williams to Valdas Adamkus dated October 15, 1993, with attachments. (30) On June 4, 1992, March 30, 1993, and July 15, 1993, the State of Minnesota submitted revisions to its State Implementation Plans (SIPs) for sulfur dioxide for Air Quality Control Region (AQCR) 131 (excluding the Dakota County Pine Bend area and an area around Ashland Refinery in St. Paul Park). (i) Incorporation by reference. (A) An administrative order, received on June 4, 1992, for FMC Corporation and U.S. Navy, located in Fridley, Anoka County, Minnesota. The administrative order became effective on May 27, 1992. Amendment One, which was received on March 30, 1993, became effective on March 5, 1993. Amendment Two, which was received on July 15, 1993, became effective on June 30, 1993. (B) An administrative order, received on June 4, 1992, for Federal Hoffman, Incorporated, located in Anoka, Anoka County, Minnesota. The administrative order became effective on May 27, 1992. Amendment one, received on July 15, 1993, became effective on June 30, 1993. (C) An administrative order, received on June 4, 1992, for GAF Building Materials Corporation (Asphalt Roofing Products Manufacturing Facility) located at 50 Lowry Avenue, Minneapolis, Hennepin County, Minnesota. The administrative order became effective on May 27, 1992. Amendment One, received on July 15, 1993, became effective on June 30, 1993. (D) An administrative order, received on June 4, 1992, for Northern States Power Company-Riverside Generating Plant, located in Minneapolis, Hennepin County, Minnesota. The administrative order became effective on May 27, 1992. Amendment One, received on July 15, 1993, became effective on June 30, 1993. (E) An administrative order for Minneapolis Energy Center, received on July 15, 1993, Inc.'s Main Plant, Baker Boiler Plant, and the Soo Line Boiler Plant all located in Minneapolis, Hennepin County, Minnesota. The administrative order became effective on June 30, 1993. (ii) Additional material. (A) A letter from Charles Williams to Valdas Adamkus dated May 29, 1992, with enclosures providing technical support (e.g., computer modeling) for the revisions to the administrative orders for five facilities. (B) A letter from Charles Williams to Valdas Adamkus dated March 26, 1993, with enclosures providing technical support for an amendment to the administrative order for FMC Corporation and U.S. Navy. (C) A letter from Charles Williams to Valdas Adamkus dated July 12, 1993, with enclosures providing technical support for amendments to administrative orders for four facilities and a reissuance of the administrative order to Minneapolis Energy Center, Inc. (31) In a letter dated October 30, 1992, the MPCA submitted a revision to the Carbon Monoxide State Implementation Plan for Duluth, Minnesota. This revision contains a maintenance plan that the area will use to maintain the CO NAAQS. The maintenance plan contains park and ride lots and an oxygenated fuels program as the contingency measure. (i) Incorporation by reference. (A) Letter dated October 30, 1992, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5 and its enclosures entitled Appendix E. (ii) Additional information. (A) Letter dated November 10, 1992, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5. (B) Letter dated December 22, 1993, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5. (32) In a letter dated October 30, 1992, the MPCA submitted a revision to the Carbon Monoxide State Implementation Plan for Duluth, Minnesota. This revision removes a transportation control measure (TCM) from the State Implementation Plan. The TCM is an increased turning radius at 14th Avenue and 3rd Street East. (i) Incorporation by reference. (A) Letter dated October 30, 1992, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5 and its enclosure entitled Appendix D. (ii) Additional information. (A) Letter dated November 10, 1992, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5. (33) On August 5, 1992, and August 26, 1993, the State of Minnesota submitted its “Offset Rules” as revisions to its State Implementation Plan (SIP) for new source review in nonattainment areas. (i) Incorporation by reference. (A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments effective August 24, 1992. (B) Amendments to Rule 7005.3040, effective June 28, 1993. (ii) Additional materials. (A) A letter from Charles Williams to Valdas Adamkus dated August 5, 1992, with attachments. (B) A letter from Charles Williams to Valdas Adamkus dated August 26, 1993, with attachments. (34) On November 9, 1992, the State of Minnesota submitted the Oxygenated Gasoline Program. This submittal satisfies the requirements of section 211(m) of the Clean Air Act, as amended. (i) Incorporation by reference. (A) Minnesota Laws Chapter 2509, sections 1 through 31, except for sections 29 (b) and (c), enacted by the Legislature and signed into Law on April 29, 1992. (ii) Additional material. (A) Letter dated August 12, 1994, from the Minnesota Pollution Control Agency (MPCA), to the United States Environmental Protection Agency that withdraws the MPCA Board resolution dated October 27, 1992, and any reference to it, from the oxygenated gasoline State Implementation Plan revision request of 1992. (35) On July 29, 1992, February 11, 1993, and February 25, 1994, the State of Minnesota submitted revisions to its State Implementation Plans (SIPs) for sulfur dioxide for Dakota County Pine Bend area of Air Quality Control Region (AQCR) 131. (i) Incorporation by reference. (A) For Continental Nitrogen and Resources Corporation, located in Rosemount, Dakota County, Minnesota: (1) An administrative order, dated and effective July 28, 1992, submitted July 29, 1992. (2) Amendment One to the administrative order, dated and effective February 25, 1994, submitted February 25, 1994. (B) For Northern States Power Company, Inver Hills Generating Facility, located in Dakota County, Minnesota: (1) An administrative order, dated and effective July 28, 1992, submitted July 29, 1992. (2) Amendment one to the administrative order, dated and effective February 25, 1994, submitted February 25, 1994. (C) For Koch Refining Company and Koch Sulfuric Acid Unit, located in the Pine Bend area of Rosemount, Dakota County, Minnesota: (1) An administrative order, identified as Amendment One to Findings and Order by Stipulation, dated and effective March 24, 1992, submitted July 29, 1992. (2) Amendment two to the administrative order, dated and effective January 22, 1993, submitted February 11, 1993. (3) Amendment three to the administrative order, dated and effective February 25, 1994, submitted February 25, 1994. (ii) Additional material. (A) A letter from Charles Williams to Valdas Adamkus dated July 29, 1992, with enclosures providing technical support (e.g., computer modeling) for the revisions to the administrative orders for three facilities. (B) A letter from Charles Williams to Valdas Adamkus dated February 11, 1993, submitting Amendment Two to the administrative order for Koch Refining Company. (C) A letter from Charles Williams to Valdas Adamkus dated February 25, 1994, with enclosures providing technical support for amendments to administrative orders for three facilities. (36) On June 22, 1993, and September 13, 1994, the State of Minnesota submitted revisions to its State Implementation Plan for lead for a portion of Dakota County. (i) Incorporation by reference. (A) For Gopher Smelting and Refining Company, located in the city of Eagan, Dakota County, Minnesota: (1) An administrative order, dated, submitted, and effective June 22, 1993. (2) Amendment One to the administrative order, dated, submitted, and effective, September 13, 1994. (ii) Additional material. (A) A letter from Charles W. Williams to Valdas V. Adamkus, dated June 22, 1993, with enclosures providing technical support (e.g., computer modeling) for the revisions to the State Implementation Plan for lead. (B) A letter from Charles W. Williams to Valdas V. Adamkus, dated September 13, 1994, with enclosures providing technical support for the revised administrative order for Gopher Smelting and Refining Company. (37) On March 9, 1994, the State of Minnesota submitted a revision to its particulate matter plan for the Saint Paul area, providing substitute limits for an aggregate heater at the J.L. Shiely facility. (i) Incorporation by reference. (A) An amendment dated January 12, 1994, amending the administrative order of August 25, 1992, for the J.L. Shiely facility at 1177 Childs Road, Saint Paul. Editorial Note: At 60 FR 21451, May 2, 1995 the following paragraph (c)(37) was added to §52.1220. (37) On November 23, 1993, the State of Minnesota submitted updated air permitting rules. (i) Incorporation by reference. (A) Rules 7007.0050 through 7007.1850, effective August 10, 1993. (B) Rules 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550, 7001.3050, 7002.0005, 7002.0015, and 7005.0100, effective August 10, 1993. (38)–(39) [Reserved] (40) On November 23, 1993, the State of Minnesota requested recodification of the regulations in its State Implementation Plan, requested removal of various regulations, and submitted recodified regulations containing minor revisions. (i) Incorporation by reference. (A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017, 7019, and 7023, effective October 18, 1993. (B) Submitted portions of Minnesota Statutes Sections 17.135, 88.01, 88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993. (41) On December 22, 1994, Minnesota submitted miscellaneous amendments to 11 previously approved administrative orders. In addition, the previously approved administrative order for PM Ag Products (dated August 25, 1992) is revoked. (i) Incorporation by reference. (A) Amendments, all effective December 21, 1994, to administrative orders approved in paragraph (c)(29) of this section for: Ashbach Construction Company; Commercial Asphalt, Inc.; Great Lakes Coal & Dock Company; Harvest States Cooperatives; LaFarge Corporation; Metropolitan Council; North Star Steel Company; Rochester Public Utilities; and J.L. Shiely Company. (B) Amendments, effective December 21, 1994, to the administrative order approved in paragraph (c)(30) of this section for United Defense, LP (formerly FMC/U.S. Navy). (C) Amendments, effective December 21, 1994, to the administrative order approved in paragraph (c)(35) of this section for Northern States Power-Inver Hills Station. (42) On September 7, 1994, the State of Minnesota submitted a revision to its State Implementation Plan (SIP) for particulate matter for the Rochester area of Olmsted County, Minnesota. (i) Incorporation by reference. (A) Amendment Two to the administrative order for the Silver Lake Plant of Rochester Public Utilities, located in Rochester, Minnesota, dated and effective August 31, 1994, submitted September 7, 1994. (43) On November 12, 1993, the State of Minnesota submitted a contingency plan to control the emissions of carbon monoxide from mobile sources by use of oxygenated gasoline on a year-round basis. The submittal of this program satisfies the provisions under section 172(c)(9) and 172(b) of the Clean Air Act as amended. (i) Incorporation by reference. (A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted by the legislature and signed into law on April 29, 1992. (44) This revision provides for data which have been collected under the enhanced monitoring and operating permit programs to be used for compliance certifications and enforcement actions. (i) Incorporation by reference. (A) Minnesota Rules, sections 7007.0800 Subpart 6.C(5), 7017.0100 Subparts 1 and 2, both effective February 28, 1995. (45) On December 15, 1995, the Minnesota Pollution Control Agency submitted a revision to the State Implementation Plan for the general conformity rules. The general conformity SIP revisions enable the State of Minnesota to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans. (i) Incorporation by reference. (A) Minnesota rules Part 7009.9000, as created and published in the (Minnesota) Register, November 13, 1995, number 477, effective November 20, 1995. (46) On April 24, 1997, the State of Minnesota submitted Administrative Order amendments for sulfur dioxide for two Northern States Power facilities: Inver Hills and Riverside. (i) Incorporation by reference. (A) Amendment Two, dated and effective November 26, 1996, to administrative order approved in paragraph (c)(30) of this section for Northern States Power-Riverside Station. (B) Amendment Three, dated and effective November 26, 1996, to administrative order and amendments approved in paragraphs (c)(35) and (c)(41), respectively, of this section for Northern States Power-Inver Hills Station. (47) On October 17, 1997, the State of Minnesota submitted amendments to three previously approved Administrative Orders for North Star Steel Company, LaFarge Corporation, and GAF Building Materials, all located in the Minneapolis-St. Paul area. (i) Incorporation by reference. (A) Amendments, both dated and effective September 23, 1997, to administrative orders and amendments approved in paragraphs (c)(29) and (c)(41) of this section, respectively, of this section for: LaFarge Corporation (Childs Road facility) and North Star Steel Company. (B) Amendment Two, dated and effective September 18, 1997, to administrative order and amendment approved in paragraph (c)(30) of this section for GAF Building Materials. (48) On January 12, 1995, Minnesota submitted revisions to its air permitting rules. The submitted revisions provide generally applicable limitations on potential to emit for certain categories of sources. (i) Incorporation by reference. Submitted portions of Minnesota regulations in Chapter 7007, and 7011.0060 through 7011.0080 effective December 27, 1994. (49) [Reserved] (50) On July 22, 1998 the State of Minnesota submitted a supplemental SIP revision for the control of particulate matter emissions from certain sources located along Red Rock Road, within the boundaries of Ramsey County. This supplemental SIP revision is in response to EPA's July 22, 1997 conditional approval (62 FR 39120), of a February 9, 1996 SIP revision for Red Rock Road. In addition, the previously approved administrative order for Lafarge Corporation (dated February 2, 1996) is revoked. (i) Incorporation by reference. (A) Air Emission Permit No. 12300353–001, issued by the MPCA to Lafarge Corporation—Red Rock Terminal on April 14, 1998, Title I conditions only. (B) Revocation of Findings and Order, dated and effective July 21, 1998, to Findings and Order issued to Lafarge Corporation on February 2, 1996. (ii) Additional material. (A) Letter submitting vendor certifications of performance for the pollution control equipment at Lafarge Corporation's facility on Red Rock Road in St. Paul, Minnesota, dated May 4, 1998, from Arthur C. Granfield, Regional Environmental Manager for Lafarge Corporation, to Michael J. Sandusky, MPCA Air Quality Division Manager. (B) Letter submitting operating ranges for the pollution control equipment at Lafarge Corporation's facility on Red Rock Road in St. Paul, Minnesota, dated July 13, 1998, from Arthur C. Granfield, Regional Environmental Manager for Lafarge Corporation, to Michael J. Sandusky, MPCA Air Quality Division Manager. (51) On November 14, 1995, July 8, 1996, September 24, 1996, June 30, 1999, and September 1, 1999, the State of Minnesota submitted revisions to its State Implementation Plan for carbon monoxide regarding the implementation of the motor vehicle inspection and maintenance program in the Minneapolis/St. Paul carbon monoxide nonattainment area. This plan approves Minnesota Statutes Sections 116.60 to 116.65 and Minnesota Rules 7023.1010-7023.1105. This plan also removes Minnesota Rules Part 7023.1010, Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 (E)(2) from the SIP. (i) Incorporation by reference. (A) Minnesota Statutes Sections 116.60 to 116.65; (B) Minnesota Rules 7023.1010–7023.1105 (except Part 7023.1010, Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 (E)(2)). (52) [Reserved] (53) On September 29, 1998, the State of Minnesota submitted a site-specific revision to the particulate matter (PM) SIP for LTV Steel Mining Company (LTV), formerly known as Erie Mining Company, located in St. Louis County, Minnesota. This SIP revision was submitted in response to a request from LTV that EPA remove the Stipulation Agreement for Erie Mining Company from the State SIP, as was approved by EPA in paragraph (c)(18) of this section. Accordingly the Stipulation Agreement for Erie Mining Company referenced in paragraph (c)(18) of this section is removed from the SIP without replacement. (54) On December 7, 1999, the State of Minnesota submitted to remove an Administrative Order and replace it with a federally enforceable State operating permit for Commercial Asphalt's facility located on Red Rock Road in the city of St. Paul. EPA approved a federally enforceable State operating permit (FESOP)(60 FR 21447) for the State of Minnesota on May 2, 1995. (i) Incorporation by reference (A) Air Emission Permit No. 12300347–002, issued by the MPCA to Commercial Asphalt CO-Plant 905, on September 10, 1999. Title I conditions only. (55) On February 6, 2000, the State of Minnesota submitted a site-specific revision to the Minnesota Sulfur Dioxide (SO2) SIP for Marathon Ashland Petroleum, LLC (Marathon Ashland), located in the cities of St. Paul Park and Newport, Washington County, Minnesota. Specifically, EPA is only approving into the SIP only those portions of the Marathon Ashland Title V Operating permit cited as “Title I condition: SIP for SO2 NAAQS 40 CFR pt.50 and Minnesota State Implementation Plan (SIP).” In this same action, EPA is removing from the state SO2 SIP the Marathon Ashland Administrative Order previously approved in paragraph (c)(38) and revised in paragraph (c)(49) of this section. (i) Incorporation by reference (A) AIR EMISSION PERMIT NO. 16300003–003, issued by the Minnesota Pollution Control Agency to Marathon Ashland Petroleum, LLC on October 26, 1999, Title I conditions only. (56) On November 4, 1998, the State of Minnesota submitted a SIP revision for Olmsted County, Minnesota, for the control of emissions of sulfur dioxide (SO2) in the city of Rochester. The state also submitted on that date a request to redesignate the Rochester nonattainment area to attainment of the SO2 National Ambient Air Quality Standards. The state's maintenance plan is complete and the submittals meet the SO2 nonattainment area SIP and redesignation requirements of the Clean Air Act. (i) Incorporation by reference (A) Air Emission Permit No. 10900011–001, issued by the Minnesota Pollution Control Agency (MPCA) to City of Rochester—Rochester Public Utilities—Silver Lake Plant on July 22, 1997, Title I conditions only. (B) Air Emission Permit No. 00000610–001, issued by the MPCA to City of Rochester—Rochester Public Utilities—Cascade Creek Combustion on January 10, 1997, Title I conditions only. (C) Air Emission Permit No. 10900010–001, issued by the MPCA to Associated Milk Producers, Inc. on May 5, 1997, Title I conditions only. (D) Air Emission Permit No. 10900008–007 (989–91–OT–2, AMENDMENT No. 4), issued by the MPCA to St. Mary's Hospital on February 28, 1997, Title I conditions only. (E) Air Emission Permit No. 10900005–001, issued by the MPCA to Olmsted County—Olmsted Waste-to-Energy Facility on June 5, 1997, Title I conditions only. (F) Amendment No. 2 to Air Emission Permit No. 1148–83–OT–1 [10900019], issued by the MPCA to Franklin Heating Station on June 19, 1998, Title I conditions only. (G) Air Emission Permit No. 10900006–001, issued by the MPCA to International Business Machine Corporation—IBM—Rochester on June 3, 1998, Title I conditions only. (57) [Reserved] (58) On December 16, 1998, the State submitted an update to the Minnesota performance test rule, which sets out the procedures for facilities that are required to conduct performance tests to demonstrate compliance with their emission limits and/or operating requirements. In addition, EPA is removing from the state SIP Minnesota Rule 7017.2000 previously approved as APC 21 in paragraph (c)(20) and amended in paragraph (c)(40) of this section. (i) Incorporation by reference. (A) Amendments to Minnesota Rules 7011.0010, 7011.0105, 7011.0510, 7011.0515, 7011.0610, 7011.0710, 7011.0805, 7011.1305, 7011.1405, 7011.1410, 7017.2001, 7017.2005, 7017.2015, 7017.2018, 7017.2020, 7017.2025, 7017.2030, 7017.2035, 7017.2045, 7017.2050 and 2060, published in the Minnesota State Register April 20, 1998, and adopted by the state on July 13, 1998. (59) On September 1, 1999, the State of Minnesota submitted a site-specific revision to the Minnesota Sulfur Dioxide (SO2) SIP for the Northern States Power Company (NSP) Riverside Plant, located in Minneapolis, Hennepin County, Minnesota. Specifically, EPA is approving into the SO2 SIP only those portions of the NSP Riverside Plant Title V Operating Permit cited as “Title I condition: State Implementation Plan for SO2.” In this same action, EPA is removing from the state SO2 SIP the NSP Riverside Plant Administrative Order previously approved and amended in paragraphs (c)(30) and (c)(46) of this section respectively. (i) Incorporation by reference. (A) Air Emission Permit No. 05300015–001, issued by the Minnesota Pollution Control Agency (MPCA) to Northern States Power Company—Riverside Plant on May 11, 1999, Title I conditions only. (60) [Reserved] (61) On June 1, 2001, the State of Minnesota submitted a site-specific revision to the Minnesota particulate matter (PM) State Implementation Plan (SIP) for Metropolitan Council Environmental Service's (MCES) Metropolitan Wastewater Treatment Plant located on Childs Road in St. Paul, Ramsey County, Minnesota. Specifically, EPA is only approving into the SIP those portions of the MCES federally enforceable state operating permit cited as “Title I Condition: State Implementation Plan for PM10.” In this same action, EPA is removing from the state PM SIP the MCES Administrative Order previously approved in paragraph (c)(29) of this section. (i) Incorporation by reference. (A) Air Emission Permit No. 12300053–001, issued by the Minnesota Pollution Control Agency to MCES's Metropolitan Wastewater Treatment Plant at 2400 Childs Road on March 13, 2001, Title I conditions only. (62) On March 13, 2003, the State of Minnesota submitted a site-specific State Implementation Plan (SIP) revision for the control of emissions of sulfur dioxide (SO2) for Flint Hills Resources, L.P., located in the Pine Bend Area of Rosemount, Dakota County, Minnesota. Specifically, EPA is approving into the SO2 SIP Amendment No. 6 to the Administrative Order previously approved in paragraph (c)(35) and revised in paragraphs (c)(57) and (c)(60) of this section. (i) Incorporation by reference. (A) An administrative order identified as Amendment Six to Findings and Order by Stipulation, for Flint Hills Resources, L.P., dated and effective March 11, 2003, submitted March 13, 2003. (63) On August 9, 2002, the State of Minnesota submitted a revision to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for Xcel Energy's Inver Hills Generating Plant (Xcel) located in the city of Inver Grove Heights, Dakota County, Minnesota. Specifically, EPA is only approving into the SO2 SIP those portions of the Xcel Title V operating permit cited as “Title I Condition: State Implementation Plan for SO2” and is removing from the state SO2 SIP the Xcel Administrative Order previously approved in paragraph (c)(46) and modified in paragraphs (c)(35) and (c)(41) of this section. In this same action, EPA is removing from the state particulate matter SIP the Administrative Order for Ashbach Construction Company previously approved in paragraph (c)(29) and modified in paragraph (c)(41) of this section. (i) Incorporation by reference. (A) AIR EMISSION PERMIT NO. 03700015–001, issued by the Minnesota Pollution Control Agency to Northern States Power Company Inver Hills Generating Plant on July 25, 2000, Title I conditions only. (64) On July 18, 2002, the State of Minnesota submitted a site-specific revision to the Minnesota particulate matter (PM) SIP for the Lafarge Corporation (Lafarge) Red Rock Road facility, located in Saint Paul, Ramsey County, Minnesota. Specifically, EPA is approving into the PM SIP only those portions of the Lafarge Red Rock Road facility state operating permit cited as “Title I condition: SIP for PM10 NAAQS.” (i) Incorporation by reference. AIR EMISSION PERMIT NO. 12300353–002, issued by the Minnesota Pollution Control Agency (MPCA) to Lafarge Corporation—Red Rock Terminal on May 7, 2002, Title I conditions only. (65) The Minnesota Pollution Control Agency submitted a revision to Minnesota's State Implementation Plan for sulfur dioxide on December 19, 2002. This revision consists of a Title V permit for the United Defense, LP facility located in Anoka County at 4800 East River Road, Fridley, Minnesota. The Permit contains non-expiring Title I SIP conditions. (i) Incorporation by reference. (A) Title I conditions contained in the November 25, 2002, Title V permit (permit number 00300020–001) issued to the United Defense, LP facility located in Anoka County at 4800 East River Road, Fridley, Minnesota. [37 FR 10874, May 31, 1972. Redesignated at 70 FR 8932, Feb. 24, 2005] Editorial Note: For Federal Register citations affecting §52.1222, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1223 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Minnesota's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977, except as noted below. [45 FR 40581, June 16, 1980] § 52.1224 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the plan does not provide for public availability of emission data. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to July 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. (5) Authority of the Regional Administrator to make available information and data was delegated to the Minnesota Pollution Control Agency effective October 6, 1977. [37 FR 10874, May 31, 1972, as amended at 40 FR 55330, Nov. 28, 1975; 43 FR 10, Jan. 3, 1978; 51 FR 40676, Nov. 7, 1986] § 52.1225 Review of new sources and modifications. top (a) Part D—Approval. The State of Minnesota has satisfied the requirements of sections 173 and 189(a)(1)(A) for permitting of major new sources and modifications in nonattainment areas. (b)–(d) [Reserved] (e) The State of Minnesota has committed to conform to the Stack Height Regulations, as set forth in 40 CFR part 51. In a January 14, 1987, letter to David Kee, USEPA, Thomas J. Kalitowski, Executive Director, Minnesota Pollution Control Agency, stated: Minnesota does not currently have a stack height rule, nor do we intend to adopt such a rule. Instead, we will conform with the Stack Height Regulations as set forth in the July 8, 1985, Federal Register in issuing permits for new or modified sources. In cases where that rule is not clear, we will contact USEPA Region V and conform to the current federal interpretation of the item in question. [53 FR 17037, May 13, 1988, as amended at 59 FR 21941, Apr. 28, 1994; 60 FR 21451, May 2, 1995] §§ 52.1226-52.1229 [Reserved] top § 52.1230 Control strategy and rules: Particulates. top (a) Part D—(1) Approval. The State of Minnesota has satisfied the requirements of sections 189(a)(1)(B) and 189(a)(1)(C) and paragraphs 1, 2, 3, 4, 6, 7, 8, and 9 of section 172(c) for the Saint Paul and Rochester areas. The Administrator has determined pursuant to section 189(e) that secondary particulate matter formed from particulate matter precursors does not contribute significantly to exceedances of the NAAQS. (2) No action. USEPA takes no action on the alternative test method provision of Rule 7005.2910. (b) Approval—On May 31, 1988, the State of Minnesota submitted a committal SIP for particulate matter with an aerodynamic diameter equal to or less than 10 micrometers (PM10) for Minnesota's Group II areas. The Group II areas of concern are in Minneapolis, Hennepin County; Duluth and Iron Range, St. Louis County; Iron Range, Itasca County; Two Harbors, Lake County; and St. Cloud, Stearns County. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681. (c) Approval—On June 20, 2002, the State of Minnesota submitted a request to redesignate the Saint Paul, Ramsey County particulate matter nonattainment area to attainment of the NAAQS for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM). In its submittal, the State also requested that EPA approve the maintenance plan for the area into the Minnesota PM SIP. The redesignation request and maintenance plan meet the redesignation requirements of the Clean Air Act. [47 FR 19522, May 6, 1982, as amended at 47 FR 32118, July 26, 1982; 55 FR 21022, May 22, 1990; 57 FR 46308, Oct. 8, 1992; 59 FR 7222, Feb. 15, 1994; 67 FR 48790, July 26, 2002] §§ 52.1231-52.1232 [Reserved] top § 52.1233 Operating permits. top Emission limitations and related provisions which are established in Minnesota permits as federally enforceable conditions in accordance with Chapter 7007 rules shall be enforceable by USEPA. USEPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the permit, permit approval procedures or permit requirements which do not conform with the permit program requirements or the requirements of USEPA's underlying regulations. [60 FR 21451, May 2, 1995] § 52.1234 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Minnesota. (c) All applications and other information required pursuant to §52.21 from sources located in the State of Minnesota shall be submitted to the Minnesota Pollution Control Agency, Division of Air Quality, 520 Lafayette Road, St. Paul, Minnesota 55155. [45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988; 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003] § 52.1235 [Reserved] top § 52.1236 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring and new source review. The provisions of §§52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of Minnesota. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of Minnesota. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987] § 52.1237 Control strategy: Carbon monoxide. top (a) The base year carbon monoxide emission inventory requirement of section 187(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for the following areas: Duluth Metropolitan Area and Minneapolis-St. Paul Metropolitan Area. (b) Approval—The 1993 carbon monoxide periodic emission inventory requirement of section 187(a)(5) of the Clean Air Act, as amended in 1990, has been satisfied for the following areas: the counties of the Twin cities seven county Metropolitan area (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington), and Wright. (c) Approval—On March 23, 1998, the Minnesota Pollution Control Agency submitted a request to redesignate the Minneapolis/St. Paul CO nonattainment area (consisting of portions of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Washington, and Wright) to attainment for CO. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a base year (1996 attainment year) emission inventory for CO, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2009, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the CO NAAQS (which must be confirmed by the State), Minnesota will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. The menu of contingency measures includes oxygenated fuel, transportation control measures, or a vehicle inspection and maintenance program. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. (d) Approval—On November 10, 2004, Minnesota submitted a revision to the Carbon Monoxide (CO) maintenance plan for the Minneapolis-St. Paul area. These plans revised 1996 and 2009 motor vehicle emission inventories and 2009 Motor Vehicle Emissions Budgets (MVEB) recalculated using the emissions factor model MOBILE6. The MVEB for transportation conformity purposes for the Minneapolis-St. Paul maintenance area is 1961 tons per winter day of CO. [59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997; 64 FR 58354, Oct. 29, 1999; 69 FR 71380, Dec. 9, 2004] Subpart Z—Mississippi top § 52.1270 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for Mississippi under section 110 of the Clean Air Act, 42 U.S.C. 7401–7671q and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraph (c) of this section with an EPA approval date prior to January 1, 2003, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after January 1, 2003, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of January 1, 2003. (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303; the EPA, Office of Air and Radiation Docket and Information Center, Room B–108, 1301 Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved Mississippi regulations. EPA Approved Mississippi Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants. ---------------------------------------------------------------------------------------------------------------- Section 1......................... General.............. 01/09/94 02/12/96, 61 FR 5295 Section 2......................... Definitions.......... 01/09/94 02/12/96, 61 FR 5295 Section 3......................... Specific Criteria for 05/28/99 12/20/02, 67 FR Sources of 77927. Particulate Matter. Section 4......................... Specific Criteria for 01/09/94 02/12/96, 61 FR 5295 Sources of Sulfur Compounds. Section 5......................... Specific Criteria for 01/09/94 02/12/96, 61 FR 5295 Sources of Chemical Emissions. Section 6......................... New Sources.......... 05/28/99 12/20/02, 67 FR Subsection 2, 77927. ``Other Limitations'', and Subsection 3, ``New Source Performance Standards'', are not Federally approved. Section 7......................... Exceptions........... 02/04/72 05/31/72, 37 FR 10875. Section 9......................... Stack Height 05/01/86 09/23/87, 52 FR Considerations. 35704. Section 10........................ Provisions for 01/09/94 02/12/96, 61 FR 5295 Upsets, Startups, and Shutdowns. Section 11........................ Severability......... 01/09/94 02/12/96, 61 FR 5295 ---------------------------------------------------------------------------------------------------------------- APC-S-2 Mississippi Commission on Environmental Quality Permit Regulations for the Construction and/or Operation of Air Emissions Equipment. ---------------------------------------------------------------------------------------------------------------- Section I......................... General Requirements. 01/09/94 05/02/95, 60 FR 21442. Section II........................ General Standards 01/09/94 05/02/95, 60 FR Applicable to All 21442. Permits. Section III....................... Standards for 01/09/94 05/02/95, 60 FR Granting a State 21442. Permit to Operate An Existing Facility. Section IV........................ Application for 01/09/94 05/02/95, 60 FR Permit to Construct 21442. and State Permit to Operate New Facility. Section V......................... Public Participation 01/09/94 05/02/95, 60 FR and Public 21442. Availability of Information. Section VI........................ Application Review... 01/09/94 05/02/95, 60 FR 21442. Section VII....................... Compliance Testing... 01/09/94 05/02/95, 60 FR 21442. Section VIII...................... Emissions Evaluation 01/09/94 05/02/95, 60 FR Report. 21442. Section IX........................ Procedures for 01/09/94 05/02/95, 60 FR Renewal of State 21442. Permit to Operate. Section X......................... Standards for Renewal 01/09/94 05/02/95, 60 FR of State Permit to 21442. Operate. Section XI........................ Reporting and Record 01/09/94 05/02/95, 60 FR Keeping. 21442. Section XII....................... Emission Reduction 01/09/94 05/02/95, 60 FR Schedule. 21442. Section XIII...................... Exclusions, 01/09/94 05/02/95, 60 FR Variances, and 21442. General Permits. Section XIV....................... Permit Transfer...... 01/09/94 05/02/95, 60 FR 21442. Section XV........................ Severablity.......... 01/09/94 05/02/95, 60 FR 21442. ---------------------------------------------------------------------------------------------------------------- APC-S-3 Regulations for Prevention of Air Pollution Emergency Episodes. ---------------------------------------------------------------------------------------------------------------- Section 1......................... General.............. 02/04/72 05/31/72, 37 FR 10875. Section 2......................... Definitions.......... 02/04/72 05/31/72, 37 FR 10875. Section 3......................... Episode Criteria..... 06/03/88 11/13/89, 54 FR 47211. Section 4......................... Emission Control 02/04/72 05/31/72, 37 FR Action Programs. 10875. Section 5......................... Emergency Orders..... 06/03/88 11/13/89, 54 FR 47211. ---------------------------------------------------------------------------------------------------------------- APC-S-5 Regulations for the Prevention of Significant Deterioration of Air Quality. ---------------------------------------------------------------------------------------------------------------- All............................... ..................... 09/21/96 07/15/97, 62 FR 37724. ---------------------------------------------------------------------------------------------------------------- (d) EPA approved Mississippi source-specific requirements. EPA Approved Mississippi Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State effective Name of source Permit number date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- None............................ .................. .................. .................. .................. ---------------------------------------------------------------------------------------------------------------- (e) [Reserved] [62 FR 35442, July 1, 1997, as amended at 62 FR 37726, July 15, 1997; 62 FR 40139, July 25, 1997; 64 FR 35009, June 30, 1999; 67 FR 77927, Dec. 20, 2002; 68 FR 13631, Mar. 20, 2003] § 52.1271 Classification of regions. top The Mississippi plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Mobile (Alabama)-Pensacola-Panama City (Florida)- I I III III I Gulfport (Mississippi) Interstate................... Metropolitan Memphis Interstate...................... I III III III I Mississippi Delta Intrastate......................... III III III III III Northeast Mississippi Intrastate..................... II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10875, May 31, 1972, as amended at 39 FR 16346, May 8, 1974] § 52.1272 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Mississippi's plan for the attainment and maintenance of national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements or Part D, Title I, of the Clean Air Act as amended in 1977. [45 FR 2032, Jan. 10, 1980] § 52.1273 [Reserved] top § 52.1275 Legal authority. top (a) The requirements of §51.230(d) of this chapter are not met since statutory authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate. (b) The requirements of §51.230(f) of this chapter are not met, since section 7106–117 of the Mississippi Code could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, section 7106–117 is disapproved. [39 FR 7282, Feb. 25, 1974, as amended at 39 FR 34536, Sept. 26, 1974; 51 FR 40676, Nov. 7, 1986] § 52.1276 [Reserved] top § 52.1277 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met, since the legal authority to provide public availability of emission data is inadequate. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55330, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] § 52.1278 Control strategy: Sulfur oxides and particulate matter. top In a letter dated January 30, 1987, the Mississippi Department of Natural Resources certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to: Mississippi Power-Daniel; South Mississippi Electric Power, Hattiesburg-Morrow; E.I. Dupont, Delisle Boilers 1 & 2; and International Paper, Vicksburg. [54 FR 25456, June 15, 1989] § 52.1279 [Reserved] top § 52.1280 Significant deterioration of air quality. top (a) All applications and other information required pursuant to §52.21 of this part from sources located or to be located in the State of Mississippi shall be submitted to the Bureau of Pollution Control, Department of Natural Resources, P.O. Box 10385, Jackson, Mississippi 39209. [43 FR 26410, June 19, 1978, as amended at 45 FR 34272, May 22, 1980; 45 FR 52741, Aug. 7, 1980; 55 FR 41692, Oct. 15, 1990] § 52.1281 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of Mississippi” and all revisions submitted by Mississippi that were federally approved prior to July 1, 1997. (b) The plan was officially submitted on February 4, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) A change in the Opacity Regulation, section 2, Appendix C; addition of testing methods, section 8, Appendix C; addition of Permit System, Appendix G and deletion of SO2 regulation, section 4, Appendix C submitted on May 4, 1972, by the Mississippi Air and Water Pollution Control Commission. (2) Telegram concerning adoption of plan changes submitted on May 15, 1972, by the Mississippi Air and Water Pollution Control Commission. (3) House Bill number 680 submitted on May 17, 1972, by the Governor. (4) Compliance schedule revisions submitted on March 6, 1973, by the Mississippi Air and Water Pollution Control Commission. (5) Compliance schedule revisions submitted on August 9, 1973, by the Mississippi Air and Water Pollution Control Commission. (6) AQMA identification material submitted on March 14, 1974, by the Mississippi Air and Water Pollution Control Commission. (7) Compliance schedules submitted on January 20, 1975, by the Mississippi Air and Water Pollution Control Commission. (8) Revised regulations for the incineration of cotton ginning waste, submitted on August 30 and November 14, 1977, by the Mississippi Air and Water Pollution Control Commission. (9) Revised regulations for open burning, submitted on October 31, 1977, by the Mississippi Air and Water Pollution Control Commission. (10) Revised permit regulations, submitted on March 16, 1978, by the Mississippi Air and Water Pollution Control Commission. (11) Implementation plan revisions for the Jones County, Mississippi total suspended particulate nonattainment area, submitted on March 13, 1979, by the Mississippi Air and Water Pollution Control Commission. (12) Revised regulation APC S–1, section 4.2(b), for emissions of sulfur oxides from the incineration of gas streams containing hydrogen sulfide, submitted on July 3, 1978; and permits containing limits on sulfur oxide emissions from individual flares, submitted on September 13, 1979, by the Mississippi Bureau of Pollution Control (see Federal Register of July 10, 1980). (13) Air Quality Surveillance Plan, submitted on June 1, 1982, by the Mississippi Department of Natural Resources. (14) Incorporation by reference of NSPS and NESHAPS (revised definition of “person”, addition of paragraph 3 to section 6 of APC–S–1, addition of section 8 to APC–S–1, and addition of subparagraph 2.6.3 to APC–S–2), submitted on September 8, 1981, by the Mississippi Bureau of Pollution Control. (15) Revised SO2 limit for United Cement Company's Artesia kiln, and NSPS enabling regulation submitted on December 10, 1982, and adoption of six categories of NSPS submitted on December 23, 1982, by the Mississippi Bureau of Pollution Control. (16) Revision to “Air Quality Regulations” and amendment to “Permit Regulations for the Construction and/or Operation of Air Emission Equipment” were submitted by the Mississippi Department of Natural Resources on May 11, 1984. (i) Incorporation by reference. (A) May 11, 1984 letter from the Mississippi Department of Natural Resources to EPA amending Regulations APC–S–1 and APC–S–2. (B) A revision adopted on May 9, 1984, adds Paragraph 3 to Mississippi's “Air Quality Regulations,” APC–S–1, Section 1 “General.” (C) A revision adopted on May 9, 1984, amends Mississippi's “Permit Regulations for the Construction and/or Operation of Air Emission Equipment,” APC–S–2, Paragraph 2.6.2.1. (ii) Other materials—none. (17) Implementation plan for lead, submitted on May 9, 1984, by the Mississippi Department of Natural Resources. (18) Part D and other new source review provisions were submitted by the Mississippi Department of Natural Resources on November 25, 1981. (i) Incorporation by reference. (A) Letter dated November 25, 1981 from Mississippi Department of Natural Resources, and Mississippi Regulation APC–S–2, section 2.4.8, “Additional Requirements for a Construction Permit for a New Facility Significantly Impacting an area in which a National Ambient Air Quality Standard is being Exceeded or will be Exceeded”, was adopted by the Mississippi Commission on Natural Resources on November 12, 1981. Subsection 2.4.8.1, 2.4.8.3, and 2.4.8.4 are incorporated by reference. (ii) Additional material. (A) Letter to Jack Ravan from Charlie E. Blalock, dated November 25, 1985, interpreting Mississippi regulations with respect to source coverage and stack heights. (19) Stack height regulations were submitted to EPA on April 1, 1986 by the Mississippi Department of Natural Resources. (i) Incorporation by reference. (A) Mississippi Department of Natural Resources, Bureau of Pollution Control, Appendix C–5, Air Emission Regulations, Regulation APC–S–1, Section 9, which was adopted on March 26, 1986. (B) Letter of April 1, 1986 from Mississippi Department of National Resources. (ii) Additional material—none. (20) PM10 revisions for the State of Mississippi which were submitted by the Mississippi Department of Natural Resources on July 26, 1988. (i) Incorporation by reference. (A) Revised regulations which became State-effective on June 3, 1988: 1. Air Emission Regulations, APC–S–1, Section 2, (16)–(27). 2. Permit Regulations . . ., APC–S–2, 2.4.8.1(a), (b), (e), (f) and 2.4.8.3. 3. Regulations for the Prevention of Air Pollution Emergency Episodes, APC–S–3, Section 3 and Section 5. (ii) Additional material. (A) Letter of July 26, 1988, from the Mississippi Department of Natural Resources, submitting the Mississippi SIP revisions. Revised SIP narrative: (B) Section 1.15 Notification of Public Hearing for Plan Revision for PM10 Requirements (C) Section 3.6 Legal Authority for the PM10 Plan Revision (D) Section 5.5 Control Strategy for the Development of Emission Regulations for PM10 (E) Section 6.9 Control Regulations for PM10 Revisions (F) Chapter 9.0 Air Monitoring (G) Section 14.1.4 Health Effects of the PM10 Plan Revisions (H) Section 14.3.4 Economic Effects of the PM10 Plan Revisions (I) Section 14.5.4 Social Effects of the PM10 Plan Revisions (J) Section 14.6.4 Air Quality Effects of the PM10 Revisions (21) Revisions to APC–S–5 of the Mississippi Air Pollution Control Act which were submitted on July 16, 1990. (i) Incorporation by reference. (A) Regulation APC–S–5, Regulations for the Prevention of Significant Deterioration of Air Quality, effective on July 29, 1990. (ii) Other material. (A) Letter of July 16, 1990, from the Mississippi Department of Environmental Quality. (22) Prevention of Significant Deterioration regulation revision to include Nitrogen Dioxide increments for the State of Mississippi which was submitted by the Mississippi Department of Environmental Quality on June 14, 1991. (i) Incorporation by reference. (A) Revision to Regulation APC–S–5, Paragraph 1, Regulations for the Prevention of Significant Deterioration of Air Quality, which became State effective on May 28, 1991. (ii) Other material. (A) Letter of June 14, 1991 from the Mississippi Department of Environmental Quality. (B) Letter of March 8, 1991, from the Mississippi Department of Environmental Quality regarding minimum program elements. (23) The Mississippi Department of Environmental Quality has submitted revisions to chapter 15 of the Mississippi Statute on November 19, 1992. These revision address the requirements of section 507 of title V of the CAA and establish the Small Business Stationary Source Technical and Environmental Assistance Program (PROGRAM). (i) Incorporation by reference. (A) Mississippi SIP chapter 15 effective December 19, 1992. (ii) Additional information. (A) January 20, 1994, letter of clarification regarding the appointment of the CAP. (24) The Mississippi Department of Environmental Quality submitted revisions on June 14, 1991, to “Permit Regulations for the construction and/or Operation of Air Emissions Equipment” of Regulation APC-S092. These revisions incorporate “moderate stationary sources” into the existing regulations which are required in 40 CFR part 51, subpart I. (i) Incorporation by reference. (A) Mississippi Commission on Environmental Quality Permit Regulations for the Construction and/or Operation of Air Emissions Equipment, Regulation APC-S092, effective on May 28, 1991. (B) Letter of June 21, 1994, from the Mississippi Office of the Attorney General to the Environmental Protection Agency. (ii) Additional material. None. (25) Revisions to minor source operating permit rules submitted by the Mississippi Department of Environmental Quality on January 26, 1994. (i) Incorporation by reference. (A) Regulation APC–S–2, effective January 9, 1994. (ii) Other material. None. (26) The Mississippi Department of Environmental Quality has submitted revision to Regulation APC-S–5. The purpose of this regulation is to adopt by reference Federal regulations for the prevention of significant deterioration of air quality as required by 40 CFR 51.166 and 52.21. (i) Incorporation by reference. (A) Regulations of the prevention of significant deterioration of air quality—Regulation APC–S–5 effective January 9, 1994. (ii) Additional information—None. (27) Amendments to Regulation APC–S–1 “Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants” to be consistent with federal regulations as specified in 40 CFR Part 257. (i) Incorporation by reference. Regulation APC–S–1 “Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants” effective January 9, 1994, except SECTION 8. PROVISIONS FOR HAZARDOUS AIR POLLUTANTS. (ii) Additional material. None. [37 FR 10875, May 31, 1972. Redesignated and amended at 62 FR 35442, July 1, 1997] Editorial Note: For Federal Register citations affecting §52.1281, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart AA—Missouri top § 52.1319 [Reserved] top § 52.1320 Identification of Plan. top (a) Purpose and scope. This section sets forth the applicable SIP for Missouri under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards (NAAQS). (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to April 1, 2004, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after April 1, 2004, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region VII certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of April 1, 2004. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region VII, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; or the EPA, Office of Air and Radiation Docket and Information Center, Room B–108, 1301 Constitution Avenue, NW., (Mail Code 6102T), Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA-approved regulations. EPA-Approved Missouri Regulations ---------------------------------------------------------------------------------------------------------------- State Missouri citation Title effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Missouri Department of Natural Resources Chapter 2_Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area ---------------------------------------------------------------------------------------------------------------- 10-2.040................ Maximum Allowable 9/4/84 1/24/85, 50 FR 3337..... Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating. 10-2.090................ Incinerators........... 2/25/70 3/18/80, 45 FR 17145.... The state has rescinded this rule. 10-2.100................ Open Burning 4/2/84 8/31/84, 49 FR 34484.... Restrictions. 10-2.150................ Time Schedule for 2/25/70 3/18/80, 45 FR 17145.... Compliance. 10-2.205................ Control of Emissions 3/30/01 4/24/02, 67 FR 20038.... from Aerospace Manufacture and Rework Facilities. 10-2.210................ Control of Emissions 10/30/01 4/24/02, 67 FR 20038.... from Solvent Metal Cleaning. 10-2.215................ Control of Emissions 5/30/01 4/24/02, 67 FR 20038.... from Solvent Cleanup Operations. 10-2.220................ Liquefied Cutback 6/3/91 6/23/92, 57 FR 27939.... Asphalt Paving Restricted. 10-2.230................ Control of Emissions 11/29/91 8/24/94, 59 FR 43480.... 4/3/95, 60 FR 16806 from Industrial (correction). Surface Coating Operations. 10-2.260................ Control of Petroleum 4/30/04 2/02/05, 70 FR 5379..... Liquid Storage, Loading, and Transfer. 10-2.290................ Control of Emissions 3/30/92 8/30/93, 58 FR 45451.... The state rule has From Rotogravure and Sections (6)(A) and Flexographic Printing (6)(B), which EPA has Facilities. not approved. 9/6/94, 59 FR 43376 (correction). 10-2.300................ Control of Emissions 11/29/91 3/26/03, 68 FR 14539.... 4/3/95, 60 FR 16806 from Manufacturing of (correction). Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products. 10-2.310................ Control of Emissions 11/29/91 8/24/94, 59 FR 43480.... 4/3/95, 60 FR 16806 from the Application (correction). of Automotive Underbody Deadeners. 10-2.320................ Control of Emissions 11/29/91 8/24/94, 59 FR 43480.... 4/3/95, 60 FR 16806 from Production of (correction). Pesticides and Herbicides. 10-2.330................ Control of Gasoline 5/30/01 2/13/02, 67 FR 6660..... Reid Vapor Pressure. 10-2.340................ Control of Emissions 09/30/03 10/30/03, 68 FR 61758... from Lithographic Printing Facilities. 10-2.360................ Control of Emissions 11/30/95 7/20/98, 63 FR 38755.... from Bakery Ovens. 10-2.390................ Conformity to State or 09/30/03 11/26/03, 68 FR 66350... Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Laws. ---------------------------------------------------------------------------------------------------------------- Chapter 3_Air Pollution Control Regulations for the Outstate Missouri Area ---------------------------------------------------------------------------------------------------------------- 10-3.010................ Auto Exhaust Emission 2/1/78 3/18/80, 45 FR 17145.... Controls. 10-3.030................ Open Burning 7/31/98 4/1/99, 64 FR 15688..... Restrictions. 10-3.040................ Incinerators........... 2/1/78 3/18/80, 45 FR 17145.... The state has rescinded this rule. 10-3.060................ Maximum Allowable 11/30/02 3/18/03, 68 FR 12833.... Emissions of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating. ---------------------------------------------------------------------------------------------------------------- Chapter 4_Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area ---------------------------------------------------------------------------------------------------------------- 10-4.040................ Maximum Allowable 11/30/02 3/18/03, 68 FR 12833.... Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating. 10-4.080................ Incinerators........... 12/16/69 3/18/80, 45 FR 17145.... The state has rescinded this rule. 10-4.090................ Open Burning 4/2/84 8/31/84, 49 FR 34484.... Restrictions. 10-4.140................ Time Schedule for 12/15/69 3/18/80, 45 FR 17145.... Compliance. ---------------------------------------------------------------------------------------------------------------- Chapter 5_Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 10 ---------------------------------------------------------------------------------------------------------------- 10-5.030................ Maximum Allowable 9/4/84 1/24/85, 50 FR 3337..... Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating. 10-5.040................ Use of Fuel in Hand- 9/18/70 3/18/80, 45 FR 17145.... Fired Equipment Prohibited. 10-5.060................ Refuse Not To Be Burned 9/18/70 3/18/80, 45 FR 17145.... The state has in Fuel Burning rescinded this rule. Installations. 10-5.070................ Open Burning 1/29/95 2/17/00, 65 FR 8063..... Restrictions. 10-5.080................ Incinerators........... 9/18/70 3/18/80, 45 FR 17145.... The state has rescinded this rule. 10-5.120................ Information on Sales of 9/18/70 3/18/80, 45 FR 17145.... Fuels to be Provided and Maintained. 10-5.130................ Certain Coals to be 9/18/70 3/18/80, 45 FR 17145.... Washed. 10-5.220................ Control of Petroleum 8/30/99 5/18/00, 65 FR 31491.... Liquid Storage, Loading and Transfer. 10-5.240................ Additional Air Quality 9/18/70 3/18/80, 45 FR 17145.... Control Measures May Be Required When Sources Are Clustered in a Small Land Area. 10-5.250................ Time Schedule for 1/18/72 3/18/80, 45 FR 17145.... Compliance. 10-5.290................ More Restrictive 5/3/82 8/30/82, 47 FR 38123.... The state has deleted Emission Limitations all provisions to for Sulfur Dioxide and N.L. Industries, Particulate Matter in which is no longer in the South St. Louis operation, and has Area. made significant changes to the provisions affecting Carondelet Coke. 10-5.295................ Control of Emissions 2/29/00 5/18/00, 65 FR 31491.... From Aerospace Manufacturing and Rework Facilities. 10-5.300................ Control of Emissions 5/30/02 11/22/02, 67 FR 70319 from Solvent Metal Cleaning. 10-5.310................ Liquefied Cutback 3/1/89 3/5/90, 55 FR 7712. ...................... Asphalt Restricted. 10-5.330................ Control of Emissions 12/30/00 7/20/01, 66 FR 37906. ...................... from Industrial Surface Coating Operations. 10-5.340................ Control of Emissions 3/30/92 8/30/93, 58 FR 45451.... The state rule has From Rotogravure and Section (6)(A)(B), Flexographic Printing which EPA has not Facilities. approved. 9/6/94, 59 FR 43376 (correction). 10-5.350................ Control of Emissions 11/29/91 8/24/94, 59 FR 43480.... 4/3/95, 60 FR 16806 From Manufacture of (Correction Notice). Synthesized Pharmaceutical Products. 10-5.360................ Control of Emissions 11/29/91 8/24/94, 59 FR 43480.... 4/3/95, 60 FR 16806 from Polyethylene Bag (Correction Notice). Sealing Operations. 10-5.370................ Control of Emissions 11/29/91 8/24/94, 59 FR 43480.... 4/3/95, 60 FR 16806 from the Application (Correction Notice). of Deadeners and Adhesives. 10-5.380................ Motor Vehicle Emissions 12/30/02 5/12/03, 68 FR 25418 ...................... Inspection. 10-5.390................ Control of Emissions 08/30/00 8/14/01, 66 FR 42607 ...................... from Manufacture of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products. 10-5.410................ Control of Emissions 11/29/91 8/24/94, 59 FR 43480.... 4/3/95, 60 FR 16806 From Manufacture of (Correction Notice). Polystyrene Resin. 10-5.420................ Control of Equipment 3/1/89 3/5/90, 55 FR 7712 ...................... Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants. 10-5.440................ Control of Emissions 12/30/96 2/17/00, 65 FR 8063 ...................... from Bakery Ovens. 10-5.442................ Control of Emissions 05/28/95 2/17/00, 65 FR 8063 ...................... from Offset Lithographic Printing Operations. 10-5.450................ Control of VOC 05/28/95 2/17/00, 65 FR 8063 ...................... Emissions from Traffic Coatings. 10-5.451................ Control of Emissions 9/30/00 7/20/01, 66 FR 37908 ...................... from Aluminum Foil Rolling. 10-5.455................ Control of Emissions 02/28/97 2/17/00, 65 FR 8063 ...................... from Solvent Cleaning Operations. 10-5.480................ Conformity to State or 09/30/03 11/26/03, 68 FR 66350 ...................... Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Laws. 10-5.490................ Municipal Solid Waste 12/30/96 2/17/00, 65 FR 8063 ...................... Landfills. 10-5.500................ Control of Emissions 2/29/00 5/18/00, 65 FR 31491 From Volatile Organic Liquid Storage. 10-5.510................ Control of Emissions of 2/29/00 5/18/00, 65 FR 31484.... Nitrogen Oxides. 10-5.520................ Control of Volatile 2/29/00 5/18/00, 65 FR 31491 Organic Compound Emissions From Existing Major Sources. 10-5.530................ Control of Volatile 2/29/00 5/18/00, 65 FR 31491 Organic Compound Emissions From Wood Furniture Manufacturing Operations. 10-5.540................ Control of Emissions 2/29/00 5/18/00, 65 FR 31491 From Batch Process Operations. 10-5.550................ Control of Volatile 2/29/00 5/18/00, 65 FR 31491 Organic Compound Emissions From Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry. ---------------------------------------------------------------------------------------------------------------- Chapter 6_Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri ---------------------------------------------------------------------------------------------------------------- 10-6.010................ Ambient Air Quality 4/18/88 7/31/89, 54 FR 31524.... The state adopted and Standards. submitted a revised ozone standard and a lead standard which EPA never acted on. 10-6.020................ Definitions and Common 5/30/00 3/23/01, 66 FR 16139 Reference Tables. 10-6.030................ Sampling Methods for 10/31/98 4/1/99, 64 FR 15688 Air Pollution Sources. 10-6.040................ Reference Methods...... 07/30/01 10/15/01, 66 FR 52361 10-6.050................ Start-up, Shutdown, and 2/28/02 8/27/02, 67 FR 54967 Malfunction Conditions. 10-6.060................ Construction Permits 4/30/03 8/11/03, 68 FR 47468.... Section 9, pertaining Required. to hazardous air pollutants, is not SIP approved. 10-6.065................ Operating Permits...... 4/30/03 9/17/03, 68 FR 54369.... The state rule has sections (4)(A), (4)(B), and (4)(H)_Basic State Operating Permits. EPA has not approved those sections. Section (6), Part 70 Operating Permits, has been approved as an integral part of the operating permit program and has not been approved as part of the SIP. The ``intermediate source'' program in Section (5) is approved, along with other provisions of 10-6.065 on which it relies. 10-6.110................ Submission of Emission 12/30/04 5/2/05, 70 FR 22606..... Section (3)(D), Data, Emissions Fees, Emission Fees, has and Process not been approved as Information. part of the SIP. 10-6.120................ Restriction of 04/30/03 8/24/04, 69 FR 51955 ...................... Emissions of Lead from Specific Lead Smelter- Refinery Installations. 10-6.130................ Controlling Emissions 11/30/02 3/18/03, 68 FR 12831 ...................... During Episodes of High Air Pollution Potential. 10-6.140................ Restriction of 5/1/86 3/31/89, 54 FR 13184 ...................... Emissions Credit for Reduced Pollutant Concentrations from the Use of Dispersion Techniques. 10-6.150................ Circumvention.......... 8/15/90 4/17/91, 56 FR 15500 ...................... 10-6.170................ Restriction of 8/30/98 3/31/00, 65 FR 17166 ...................... Particulate Matter to the Ambient Air Beyond the Premises of Origin. 10-6.180................ Measurement of 11/19/90 7/23/91, 56 FR 33714 ...................... Emissions of Air Contaminants. 10-6.210................ Confidential 1/27/95 2/29/96, 61 FR 7714 ...................... Information. 10-6.220................ Restriction of Emission 11/30/02 3/18/03, 68 FR 12829 ...................... of Visible Air Contaminants. 10-6.260................ Restriction of Emission 5/30/04 3/13/06, 71 FR 12623.... Section (3)(B) is not of Sulfur Compounds. SIP approved. The revision to the averaging time and emission rate per unit for Kansas City Power & Light, Hawthorn Plant and Montrose Station in Table 1 of (3)(C)2.B. is not approved. 10-6.280................ Compliance Monitoring 3/30/02 8/27/02, 67 FR 54963 ...................... Usage. 10-6.300................ Conformity of General 8/31/96 5/14/97, 62 FR 26395 ...................... Federal Actions to State Implementation Plans. 10-6.330................ Restriction of 6/30/98 12/8/98, 63 FR 67591 ...................... Emissions from Batch- type Charcoal Kilns. 10-6.350................ Emissions Limitations 8/30/03 9/19/05, 70 FR 54840.... and Emissions Trading of Oxides of Nitrogen. 10-6.400................ Restriction of Emission 09/30/01 11/30/01, 66 FR 59708... of Particulate Matter From Industrial Processes. 10-6.410................ Emissions Banking and 04/30/03 8/11/03, 68 FR 47468.... ...................... Trading. ---------------------------------------------------------------------------------------------------------------- Missouri Department of Public Safety Division 50_State Highway Patrol Chapter 2_Motor Vehicle Inspection ---------------------------------------------------------------------------------------------------------------- 50-2.010................ Definitions............ 4/11/82 8/12/85, 50 FR 32411.... 50-2.020................ Minimum Inspection 10/11/82 8/12/85, 50 FR 32411.... Station Requirements. 50-2.030................ Inspection Station 12/11/77 8/12/85, 50 FR 32411.... Classification. 50-2.040................ Private Inspection 5/31/74 8/12/85, 50 FR 32411.... Stations. 50-2.050................ Inspection Station 11/11/79 8/12/85, 50 FR 32411.... Permits. 50-2.060................ Display of Permits, 11/31/74 8/12/85, 50 FR 32411.... Signs and Poster. 50-2.070................ Hours of Operation..... 11/11/83 8/12/85, 50 FR 32411.... 50-2.080................ Licensing of Inspector/ 4/13/78 8/12/85, 50 FR 32411.... Mechanics. 50-2.090................ Inspection Station 8/11/78 8/12/85, 50 FR 32411.... Operational Requirements. 50-2.100................ Requisition of 6/12/80 8/12/85, 50 FR 32411.... Inspection Stickers and Decals. 50-2.110................ Issuance of Inspection 12/11/77 8/12/85, 50 FR 32411.... Stickers and Decals. 50-2.120................ MVI-2 Form............. 11/11/83 8/12/85, 50 FR 32411.... 50-2.130................ Violations of Laws or 5/31/74 8/12/85, 50 FR 32411.... Rules Penalty. 50-2.260................ Exhaust System......... 5/31/74 8/12/85, 50 FR 32411.... 50-2.280................ Air Pollution Control 12/11/80 8/12/85, 50 FR 32411.... Devices. 50-2.290................ Fuel Tank.............. 5/3/74 8/12/85, 50 FR 32411.... 50-2.350................ Applicability of Motor 5/1/84 8/12/85, 50 FR 32411.... Vehicle Emission Inspection. 50-2.360................ Emission Fee........... 11/1/83 8/12/85, 50 FR 32411.... 50-2.370................ Inspection Station 12/21/90 10/13/92, 57 FR 46778 Licensing. 50-2.380................ Inspector/Mechanic 11/1/83 8/12/85, 50 FR 32411.... Licensing. 50-2.390................ Safety/Emission 11/1/83 8/12/85, 50 FR 32411.... Stickers. 50-2.401................ General Specifications. 12/21/90 10/13/92, 57 FR 46778. 50-2.402................ MAS Software Functions. 12/21/90 10/13/92, 57 FR 46778... The SIP does not include Section (6), Safety Inspection. 50-2.403................ Missouri Analyzer 12/21/90 10/13/92, 57 FR 46778... The SIP does not System (MAS) Display include Section and Program (3)(B)4, Safety Requirements. Inspection Sequences or (3)(M)5(II), Safety Inspection Summary. 50-2.404................ Test Record 12/21/90 10/13/92, 57 FR 46778... The SIP does not Specifications. include Section (5), Safety Inspection Results. 50-2.405................ Vehicle Inspection 12/21/90 10/13/92, 57 FR 46778 Certificate, Vehicle Inspection Report, and Printer Function Specifications. 50-2.406................ Technical 12/21/90 10/13/92, 57 FR 46778 Specifications for the MAS. 50-2.407................ Documentation, 12/21/90 10/13/92, 57 FR 46778 Logistics and Warranty Requirements. 50-2.410................ Vehicles Failing 12/21/90 10/13/92, 57 FR 46778 Reinspection. 50-2.420................ Procedures for 12/21/90 10/13/92, 57 FR 46778 Conducting Only Emission Tests. ---------------------------------------------------------------------------------------------------------------- Kansas City Chapter 8_Air Quality ---------------------------------------------------------------------------------------------------------------- 8-2..................... Definitions............ 12/10/98 12/22/99, 64 FR 71666... 8-4..................... Open burning........... 10/31/96 4/22/98, 65 FR 19823.... 8-5..................... Emission of particulate 12/10/98 12/22/99, 64 FR 71666... Only subsections 8- matter. 5(c)(1)b, 8-5(c)(1)c, 8-5(c)(2)a, 8- 5(c)(3)a, 8-5(c)(3)b, 8-5(c)(3)c, 8- 5(c)(3)d are approved in the SIP. ---------------------------------------------------------------------------------------------------------------- Springfield_Chapter 2A_Air Pollution Control Standards ---------------------------------------------------------------------------------------------------------------- Article I............... Definitions............ 10/31/96 4/22/98, 63 FR 19823.... Only Section 2A-2 is approved by EPA. Article VII............. Stack Emission Test 10/31/96 4/22/98, 63 FR 19823.... Only Section 2A-25 is Method. approved by EPA. Article IX.............. Incinerator............ 10/31/96 4/22/98, 63 FR 19823.... Only Sections 2A-34 through 38 are approved by EPA. Article XX.............. Test Methods and Tables 10/31/96 4/22/98, 63 FR 19823.... Only Sections 2A-51, 55, and 56 are approved by EPA. ---------------------------------------------------------------------------------------------------------------- St. Louis City Ordinance 65645 ---------------------------------------------------------------------------------------------------------------- Section 6............... Definition............. 8/28/03 12/9/03, 68 FR 68523.... The phrase ``other than liquids or gases'' in the Refuse definition has not been approved. Section 15.............. Open Burning 8/28/03 12/9/03, 68 FR 68523.... Restrictions. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved state source-specific permits and orders. EPA-Approved Missouri Source-Specific Permits and Orders ---------------------------------------------------------------------------------------------------------------- State Name of source Order/permit number effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- (1) ASARCO Inc. Lead Smelter, Order............... 8/13/80 4/27/81, 46 FR 23412. Glover, MO. (2) St. Joe Lead (Doe Run) Order............... 3/21/84 6/11/84, 49 FR 24022. Company Lead Smelter, Herculaneum, MO. (3) AMAX Lead (Doe Run) Company Order............... 9/27/84 1/7/85, 50 FR 788.... Lead Smelter, Boss, MO. (4) Gusdorf Operating Permit Permit Nos: 04682- * 4/29/80 10/15/84, 49 FR 40164 11440 Lackland Road, St. Louis 04693. County, MO. (5) Doe Run Lead Smelter, Consent Order....... 3/9/90 3/6/92, 57 FR 8077... Herculaneum, MO. (6) Doe Run Lead Smelter, Consent Order....... 8/17/90 3/6/92, 57 FR 8077... Herculaneum, MO. (7) Doe Run Lead Smelter, Consent Order....... 7/2/93 5/5/95, 60 FR 22274.. Herculaneum, MO. (8) Doe Run Lead Smelter, Consent Order 4/28/94 5/5/95, 60 FR 22274.. In a notice Herculaneum, MO. (Modification). published on 8/15/ 97 at 62 FR 43647, EPA required implementation of the contingency measures. (9) Doe Run Lead Smelter, Consent Order 11/23/94 5/5/95, 60 FR 22274.. Herculaneum, MO. (Modification). (10) Doe Run Buick Lead Smelter, Consent Order....... 7/2/93 8/4/95, 60 FR 39851.. Boss, MO. (11) Doe Run Buick Lead Smelter, Consent Order 9/29/94 8/4/95, 60 FR 39851.. Iron County, MO. (Modification). (12) ASARCO Glover Lead Smelter, Consent Decree CV596- 7/30/96 3/5/97, 62 FR 9970... Glover, MO. 98CC with exhibits A-G. (13) Eagle-Picher Technologies, Consent Agreement... 08/26/99 4/24/00, 65 FR 21651. Joplin, MO. (14) Doe Run Resource Recycling Consent Order....... 5/11/00 10/18/00, 65 FR 62298 Facility near Buick, MO. (15) St. Louis University........ Medical Waste 9/22/92 4/22/98, 63 FR 19823. Incinerator. (16) St. Louis University........ Permit Matter No. 00- 1/31/00 10/26/00, 65 FR 64158 01-004. (17) St. Joseph Light & Power Consent Decree...... 05/21/01 11/15/01, 66 FR 57391 SO2. (18) Asarco, Glover, MO.......... Modification of 07/31/00 4/16/02, 67 FR 18501. Consent Decree, CV596-98CC. (19) Doe Run, Herculaneum, MO.... Consent Judgement, 01/05/01 4/16/02, 67 FR 18501. CV301-0052C-J1, with Work Practice Manual and S.O.P. for Control of Lead Emissions (Rev 2000). (20) Springfield City Utilities Consent Agreement... 12/06/01 3/25/02, 67 FR 13572. James River Power Station SO2. (21) St. Louis University........ Permit Matter No. 00- 8/28/03 12/9/03, 68 FR 68523. Updates a reference 01-004. in section II.B. to Ordinance No. 65645. (22) Doe Run Lead Smelter, Settlement Agreement 10/31/03 10/29/04, 69 FR 63074 ................... Glover, MO. ---------------------------------------------------------------------------------------------------------------- * St. Louis County. (e) EPA approved nonregulatory provisions and quasi-regulatory measures. EPA-Approved Missouri Nonregulatory SIP Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State submittal provision nonattainment date EPA approval date Explanation area ---------------------------------------------------------------------------------------------------------------- (1) Kansas City and Outstate Kansas City and 1/24/72 5/31/72, 37 FR 10875.. Air Quality Control Regions Outstate. Plan. (2) Implementation Plan for the St. Louis........ 1/24/72 5/31/72 37, FR 10875.. Missouri portion of the St. Louis Interstate Air Quality Control Region. (3) Effects of adopting St. Louis........ 3/27/72 5/31/72, 37 FR 10875.. Appendix B to NO2 emissions. (4) CO air quality data base... St. Louis........ 5/2/72 5/31/72, 37 FR 10875.. (5) Budget and manpower Statewide........ 2/28/72 10/28/72, 37 FR 23089. projections. (6) Emergency episode manual... Kansas City...... 5/11/72 10/28/72, 37 FR 23089. (7) Amendments to Air Statewide........ 7/12/72 10/28/72, 37 FR 23089. Conservation Law. (8) Air monitoring plan........ Outstate......... 7/12/72 10/28/72, 37 FR 23089. (9) Amendments to Air Statewide........ 8/8/72 10/28/72, 37 FR 23089. Conservation Law. (10) Transportation control Kansas City...... 5/11/73 6/22/73, 38 FR 16566.. strategy. 5/21/73 (11) Analysis of ambient air Kansas City...... 4/11/74 3/2/76, 41 FR 8962.... quality data and recommendation to not designate the area as an air quality maintenance area. (12) Recommendation to St. Louis, 5/6/74 9/9/75, 40 FR 41950... designate air quality Columbia, maintenance areas. Springfield. (13) Plan to attain the NAAQS.. Kansas City, St. 7/2/79 4/9/80, 45 FR 24140... Correction notice Louis. published 7/11/ 80. (14) Schedule for I/M program St. Louis........ 9/9/80 3/16/81, 46 FR 16895.. and commitment regarding difficult transportation control measures (TCMs). (15) Lead SIP.................. Statewide........ 9/2/80 4/27/81, 46 FR 23412; Correction notice 2/11/81 7/19/84, 49 FR 29218. published 5/15/ 2/13/81 81. (16) Report on recommended I/M St. Louis........ 12/16/80 8/27/81, 46 FR 43139.. No action was program. taken on the specific recommendations in the report. (17) Report outlining St. Louis........ 2/12/81 11/10/81, 46 FR 55518. commitments to TCMs, analysis 4/28/81 of TCMs, and results of CO dispersion modeling. (18) 1982 CO and ozone SIP..... St. Louis........ 12/23/82 10/15/84, 49 FR 40164. 8/24/83 (19) Air quality monitoring Statewide........ 6/6/84 9/27/84, 49 FR 38103.. plan. (20) Vehicle I/M program....... St. Louis........ 8/27/84 8/12/85, 50 FR 32411.. (21) Visibility protection plan Hercules Glades 5/3/85 2/10/86, 51 FR 4916... and Mingo Wildlife Area. (22) Plan for attaining the St. Louis........ 8/1/85 9/3/86, 51 FR 31328... ozone standard by December 31, 1987. (23) PM10 plan................. Statewide........ 3/29/88, 6/15/88 7/31/89, 54 FR 31524.. (24) Construction permit fees Statewide........ 1/24/89, 9/27/89 1/9/90, 55 FR 735..... including Chapter 643 RSMo. (25) PSD NOX requirements Statewide........ 7/9/90 3/5/91, 56 FR 9172.... including a letter from the state pertaining to the rules and analysis. (26) Lead plan................. Herculaneum...... 9/6/90 3/6/92, 57 FR 8076.... 5/8/91 (27) Ozone maintenance plan.... Kansas City...... 10/9/91 6/23/92, 57 FR 27939.. (28) Small business assistance Statewide........ 3/10/93 10/26/93, 58 FR 57563. plan. (29) Part D Lead plan.......... Herculaneum...... 7/2/93, 6/30/94 5/5/95, 60 FR 22274... 11/23/94 (30) Intermediate permitting Statewide........ 3/31/94, 11/7/94 9/25/95, 60 FR 49340.. program including three 10/3/94, 2/10/95 letters pertaining to authority to limit potential to emit hazardous air pollutants. (31) Part D lead plan.......... Bixby............ 7/2/93 8/4/95, 60 FR 39851... 6/30/94 (32) Transportation conformity St. Louis, Kansas 2/14/95 2/29/96, 61 FR 7711... plans including a policy City. agreement and a letter committing to implement the state rule consistent with the Federal transportation conformity rule. (33) Emissions inventory update Kansas City...... 4/12/95 4/25/96, 61 FR 18251.. including a motor vehicle emissions budget. (34) Part D Lead Plan.......... Glover........... 8/14/96 3/5/97, 62 FR 9970 (35) CO Maintenance Plan....... St. Louis........ 6/13/97 1/26/99, 64 FR 3855... 6/15/98 (36) 1990 Base Year Inventory.. St. Louis........ 1/20/95 2/17/00, 65 FR 8063 (37) 15% Rate-of-Progress Plan. St. Louis........ 11/12/99 5/18/00, 65 FR 31489.. (38) Implementation plan for St. Louis........ 11/12/99 5/18/00, 65 FR 31482.. the Missouri inspection maintenance program. (39) Doe Run Resource Recycling Dent Township in 5/17/00 10/18/00, 65 FR 62298. Facility near Buick, MO. Iron County. (40) Commitments with respect Statewide........ 8/8/00 12/28/00, 65 FR 82288. to implementation of rule 10 CSR 10-6.350, Emissions Limitations and Emissions Trading of Oxides of Nitrogen. (41) Contingency Plan including St. Louis........ 10/6/97, 4/5/01 6/26/01, 66 FR 34011.. letter of April 5, 2001. (42) Ozone 1-Hour Standard St. Louis........ 11/10/99, 11/2/ 6/26/01, 66 FR 34011.. Attainment Demonstration Plan 00, for November 2004 including 2/28/01, 3/7/01 2004 On-Road Motor Vehicle Emissions Budgets. (43) Doe Run Resources Herculaneum, MO.. 1/09/01 4/16/02, 67 FR 18502.. The SIP was Corporation Primary Lead reviewed and Smelter, 2000 Revision of Lead approved by EPA SIP. on 1/11/01. (44) Doe Run Resources Glover, MO....... 6/15/01 4/16/02, 67 FR 18502.. The SIP was Corporation Primary Lead reviewed and Smelter, 2000 Revision of Lead approved by EPA SIP. on 6/26/01. (45) Maintenance Plan for the St. Louis........ 12/06/02 5/12/03, 68 FR 25442.. Missouri Portion of the St. Louis Ozone Nonattainment Area including 2014 On-Road Motor Vehicle Emission Budgets. (46) Maintenance Plan for the 1- Kansas City...... 12/17/02 1/13/04, 69 FR 1923... hour ozone standard in the Missouri portion of the Kansas City maintenance area for the second ten-year period. (47) Vehicle I/M Program....... St. Louis........ 10/1/03 05/13/04, 69 FR 26506. (48) Revised Maintenance Plan Dent Township in 4/29/03 8/24/04, 69 FR 51955.. Furnace daily of Doe Run Resource Recycling Iron County. throughput Facility near Buick, MO. limits required to be consistent with rule 10 CSR 10-6.120. Annual production cap in Doe Run construction permit not affected by this rulemaking. (49) Lead Maintenance Plan..... Iron County 1/26/04 10/29/04, 69 FR 63074. (part) within boundaries of Liberty and Arcadia Townships. ---------------------------------------------------------------------------------------------------------------- [64 FR 34719, June 29, 1999] Editorial Note: For Federal Register citations affecting §52.1320, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1321 Classification of regions. top The Missouri plans were evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Metropolitan Kansas City Interstate.................. I III III I I Southwest Missouri Intrastate........................ I III III III III Southeast Missouri Intrastate........................ III III III III III Northern Missouri Intrastate......................... II III III III III Metropolitan St. Louis Interstate.................... I I III I I ---------------------------------------------------------------------------------------------------------------- [37 FR 10875, May 31, 1972, as amended at 39 FR 16347, May 8, 1974] § 52.1322 Original Identification of Plan Section. top (a) This section identifies the original “Air Implementation Plan for the State of Missouri” and all revisions submitted by Missouri that were Federally approved prior to July 1, 1999. (b) The plans were officially submitted on January 24, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Budget and manpower projections were submitted by the State Air Conservation Commission (ACC) on February 28, 1972. (Non-regulatory) (2) A memorandum from the State Air Conservation Commission concerning the effects of adopting Appendix B to NO2 emissions in the St. Louis area was submitted on March 27, 1972. (Non-regulatory) (3) The determination of the CO air quality data base on the St. Louis area was submitted on May 2, 1972, by the Air Conservation Commission. (Non- regulatory) (4) The emergency episode operations/communications manual for the Kansas City area was submitted on May 11, 1972, by the State Air Conservation Commission. (Non-regulatory) (5) Amendments to the Air Conservation Law, Chapter 203, and plans for air monitoring for outstate Missouri were submitted July 12, 1972, by the Air Conservation Commission. (6) The following amendments to the St. Louis and Kansas City outstate plans were submitted August 8, 1972, by the State ACC: Air Conservation Law, Chapter 203; Kansas City Ordinance, Chapter 18; Regulations XVIII, XX, XXVI (St. Louis); Regulations X, XII, XVII (Kansas City) and Regulations S–11, S–X111 and S–X11 (outstate). (7) Letters discussing transportation control strategy for Kansas City Interstate AQCR submitted by the State ACC on May 11 and 21, 1973. (Non-regulatory) (8) Alert plan for St. Louis County and outstate Missouri was submitted on May 24, 1973, by the ACC. (Regulatory) (9) Copy of the State's analysis of ambient air quality in the Missouri portion of the Metropolitan Kansas City Interstate Air Quality Control Region and recommendation that the area not be designated as an Air Quality Maintenance Area submitted by the Missouri Air Conservation Commission on April 11, 1974. (Non-regulatory) (10) Copy of the State's analysis of the Missouri portion of the Metropolitan St. Louis Interstate Standard Metropolitan Statistical Area (SMSA), the Columbia SMSA and the Springfield SMSA and recommendations for the designation of Air Quality Maintenance Areas submitted by the Missouri Air Conservation Commission on May 6, 1974. (Non-regulatory) (11) Compliance Schedules were submitted by the Missouri Air Conservation Commission on June 3 and October 1, 1976. (12) Compliance Schedules were submitted by the Missouri Air Conservation Commission on November 23, 1976. (13) On August 28, 1978, the following revisions were submitted by the Missouri Department of Natural Resources: (i) The recodification of Missouri regulations of July 1, 1976, now contained in Title 10, Division 10 of the Code of State Regulations. (ii) Title 10, Division 10, Chapter 6 of the Code of State Regulations which contains air quality standards, definitions, and reference methods. (iii) Missouri Rule 10 CSR 10–2.200; Rule 10 CSR 10–3.150; and Rule 10 CSR 10–4.190 pertaining to control of SO2 from indirect heating sources. (iv) Missouri Rule 10 CSR 10–2.030; Rule 10 CSR 10–3.050; Rule 10 CSR 10–4.030; and 10 CSR 10–5.050 exempting certain process sources from the process weight regulations for particulate matter. (v) Missouri Rule 10 CSR 10–2.190; Rule 10 CSR 10–3.140; Rule 10 CSR 10–4.180; and Rule 10 CSR 10–5.280 which contain the “Standards of Performance for New Stationary Sources,” found at 40 CFR part 60 as in effect on January 18, 1975. (vi) Missouri Rule 10 CSR 10–2.060; Rule 10 CSR 10–3.080; Rule 10 CSR 10–4.060; and Rule 10 CSR 10–5.090 which require continuous opacity monitors for certain sources. (vii) Missouri Rule 10 CSR 10–5.140 for determining settlable acid and alkaline mists is rescinded. (viii) The EPA is taking no action on Rule 10 CSR 10–5.100; 10 CSR 10–2.050, and 10 CSR 10–3.070 which limit fugitive particulate emissions from the handling, transporting and storage of materials in the State of Missouri. (14) On March 12, 1979, the Missouri Department of Natural Resources submitted Rule 10 CSR 10–3.100 and Rule 10 CSR 10–5.150 establishing revised SO2 emission limits for primary lead smelters. (15) On March 1, 1979, the Missouri Department of Natural Resources submitted a revision of regulation 10 CSR 10–5.110 revising the allowable emission rates of sulfur dioxide from Union Electric's Sioux and Labadie power plants. (16) On July 2, 1979, the State of Missouri submitted a plan to attain the National Ambient Air Quality Standards for the Kansas City and St. Louis areas of the state designated nonattainment under section 107 of the Clean Air Act, as amended in 1977. Included in the plan are the following approved regulations as amended, in part, in subsequent submittals: (i) Rule 10 CSR 10–2.210 and 10 CSR 10–5.300 Control of Emissions from Solvent Metal Cleaning are approved as RACT; (ii) Rule 10 CSR 10–2.220 and 10 CSR 10–5.310 Liquified Cutback Asphalt Paving Restriated are approved as RACT; (iii) Rule 10 CSR 10–5.220 Control of Petroleum Liquid Storage, Loading and Transfer (St. Louis) is approved as RACT. (iv) Rule 10 CSR 10–2.260 Control of Petroleum Liquid Storage, Loading and Transfer (Kansas City) is approved as RACT; (v) Rule 10 CSR 10–5.030 Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating is approved as RACT; (vi) Rule 10 CSR 10–5.090 Restriction of Emission of Visible Air Contaminants is approved as RACT; (vii) Rule 10 CSR 10–5.290 More Restrictive Emission Limitations for Sulfur Dioxide and Particulate Matter in South St. Louis is approved as RACT; (viii) Rule 10 CSR 10–2.040 Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating is approved as RACT; (ix) Rule 10 CSR 10–2.240 Restriction of Emissions of Volatile Organic Compounds from Petroleum Refinery Sources is approved as RACT; (x) Rule 10 CSR 10–2.250 Control of Volatile Leaks from Petroleum Refinery Equipment is approved as RACT; and (xi) Rule 10 CSR 10–2.230 and 10 CSR 10–5.330 Control of Emissions from Industrial Surface Coating Operations is approved as RACT. (17) On July 2, 1979, the Missouri Department of Natural Resources submitted variances (compliance schedules) for Union Electric Company's Labadie power plant, River Cement Company, and Monsanto Company's Queeny plant. The compliance schedules require these sources to comply with revised Rule 10 CSR 10–5.090. In addition, the Labadie power plant is required to come into compliance with Rule 10 CSR 10–5.030. (18) On April 7, 1980 the State of Missouri submitted plan revisions for the review and permitting of sources of air pollutant emissions in nonattainment areas. Included in the plan are Missouri regulations 10 CSR 10–6.020, Definitions, and 10 CFR 10–6.060, Permits Required, as amended, in part, in subsequent submittals, which are approved as meeting the requirements of sections 172(b)(6), 172(b)(11)(A) and 173. (19) On July 2, 1979, the Missouri Department of Natural Resources submitted the variance for the University of Missouri power plant. (20) On March 11, 1977 the Missouri Department of Natural Resources submitted a variance for Noranda Aluminum. (21) On June 25, 1979 the Missouri Department of Natural Resources submitted a variance for Associated Electric Cooperative in New Madrid. (22) On April 25, 1979, the Missouri Department of Natural Resources submitted the variance for the Union Electric Company's Meramec power plant. (23) Revisions to Rule 10 CSR 10–2.260 Control of Petroleum Liquid Storage, Loading and Transfer (Kansas City), submitted on September 5, 1980, amending the vapor pressure limit in Section 2(A) and amending the limit on gasoline loading in Section 3(B)(1), are approved as RACT. (24) A schedule for an inspection and maintenance program in St. Louis and a commitment by the East-West Gateway Coordinating Council regarding difficult transportation control measures, submitted on September 9, 1980. (25) On September 5, 1980, the State of Missouri submitted new regulations and amendments to existing regulations to control emissions of volatile organic compounds in the St. Louis and Kansas City ozone nonattainment areas. Included in the plan revision are the following approved regulations as amended, in part, in subsequent submittals: (i) Amendments to Rule 10 CSR 10–2.230 and to Rule 10 CSR 10–5.330, Control of Emissions from Industrial Surface Coating Operations, are approved as RACT; (ii) Amendments to Rule 10 CSR 10–2.260 and to Rule 10 CSR 10–5.220, Control of Petroleum Liquid Storage, Loading and Transfer, are approved as RACT; (iii) Amendments to Rule 10 CSR 10–6.020, Definitions, and to Rule 10 CSR 10–6.030, Sampling Methods for Air Pollution Sources, and to Rule 10 CSR 10–6.040, Reference Methods, are approved as RACT; (iv) Rule 10 CSR 10–2.280 and Rule 10 CSR 10–5.320, Control of Emissions from Perchloroethylene Dry Cleaning Installations, are approved as RACT; (v) Rule 10 CSR 10–2.290, Control of Emissions from Rotogravure and Flexographic Printing Facilities, is approved as RACT; (vi) Rule 10 CSR 10–5.350, Control of Emissions from the Manufacture of Synthesized Pharmaceutical Products, is approved as RACT; (vii) Rule 10 CSR 10–5.340, Control of Emissions from Rotogravure and Flexographic Printing Facilities is approved as RACT. (26) On September 2, 1980, the Missouri Department of Natural Resources submitted the State Implementation Plan for Lead. On February 11 and 13, 1981, the Missouri Department of Natural Resources submitted two letters containing additional information concerning the State Implementation Plan for Lead. (27) On September 5, 1980, the state of Missouri submitted a plan revision which involved provisions for start-up, shutdown, and malfunction conditions. Included in the plan are new Missouri Rule 10 CSR 10–6.050, Start-up Shutdown, and MalfunctionConditions; and revisions to Rule 10 CSR 10–6.020, Defintions and Amended Start-up, Shutdown and Malfunction Provisions in Rules 10 CSR 10–2.030, 10–3.050, 10–3.060, 10–3.080, 10–4.030, 10–4.040, and 10–5.050. (28) Revisions to Rule 10 CSR 10–6.060 Permits Required, submitted on April 7, 1981. (29) A revision to Rule 10 CSR 10–5.220 Control of Petroleum Liquid Storage, Loading and Transfer (St. Louis), submitted on April 14, 1981, amending the emission limit in Section 3, is approved as RACT. (30) A report on the recommended type of I/M program, stringency factor, vehicle test mix, and program resources and justification, submitted on December 16, 1980, is approved as meeting the applicable condition on the SIP. No action is being taken with respect to the approvability of the specific recommendation sin the report. (31) A report from the East-West Gateway Coordinating Council outlining commitments to transportation control measures, an analysis of those measures, and the results of the carbon monoxide dispersion modeling, submitted on February 12 and April 28, 1981, is approved as meeting the applicable condition on the SIP. (32) A variance from Missouri Rule 10 CSR 10–3.050 Restriction of Emission of Particulate Matter From Industrial Processes, for St. Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the Missouri Department of Natural Resources on May 6, 1981 with supplementary information submitted on June 22 and July 28, 1981. (33) On September 5, 1980, the Missouri Department of Natural Resources submitted a revision of Missouri Rule 10 CSR 10–3.050, Restriction of Emission of Particulate Matter from Industrial Processes, which exempts existing Missouri type charcoal kilns from the rule. (34) A variance from Missouri Rules 10 CSR 10–3.060, Maximum Allowable Emissions of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating, and 10 CSR 10–3.080, Restriction of Emission of Visible Air Contaminants, was submitted by the Missouri Department of Natural Resources on August 12, 1981. (35) A variance from Missouri Rule 10 CSR 10–2.260, Control of Petroleum Liquid Storage, Loading and Transfer for the Kansas City Metropolitan Area, was submitted by the Missouri Department of Natural Resources on June 11, 1981. (36) Revisions to Rule 10 CSR 10–5.340, Control of Emissions from Rotogravure and Flexographic Printing Facilities, submitted on April 15, 1982, are approved as RACT. (37) On April 15, 1982, the State of Missouri submitted a new Rule 10 CSR 10–6.060, Permits Required, and Amendments to Rule 10 CSR 10.6020, Definitions, involving the review and permitting of new sources of air pollution. Included in the plan are provisions relating to the attainment area (PSD) new source review. The plan also includes new source review provisions of nonattainment areas in the State. (38) Revisions to Rules 10 CSR 10–2.280 (Kansas City) and 10 CSR 10–5.320 (St. Louis), both entitled Control of Emissions from Perchloroethylene Dry Cleaning Installations, and 10 CSR 10–5.290, More Restrictive Emission Limitations for Sulfur Dioxide and Particulate Matter in the South St. Louis Area, submitted on July 13, 1982, are approved. (39) [Reserved] (40) The 1982 carbon monoxide and ozone state implementation plan revisions were submitted by the Department of Natural Resources on December 23, 1982. A revised version of the 1982 carbon monoxide and ozone plan was submitted by the Department of Natural Resources on August 24, 1983. This version contained updated inventories, attainment demonstrations and schedules to adopt rules. The submission included new rule 10 CSR 10–5.360, Control of Emissions from Polyethylene Bag Sealing Operations. (No action was taken with respect to provisions dealing with control strategy demonstration, reasonable further progress and inspection and maintenance of motor vehicles.) (41) Revised rule 10 CSR 10–1.010, General Organization, was submitted by the Missouri Department of Natural Resources on December 30, 1982. (42) [Reserved] (43) On March 26, 1984, the Missouri Department of Natural Resources submitted a revision to the September 2, 1980, lead State Implementation Plan pertaining to item 4 of the consent order for the St. Joe Lead Company. The revision consists of a substitution of equivalent control measures for item 4. (44) A variance from Missouri Rule 10 CSR 10–3.050, Restriction of Emission of Particulate Matter from Industrial Processes, for the St. Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the Missouri Department of Natural Resources on July 1, 1983. (45) The Missouri Department of Natural Resources submitted revisions to regulations 10 CSR 10–2.100, 3.030, 4.090, and 5.070 requiring operating permits for open burning of untreated wood waste at solid waste disposal and processing installations effective April 12, 1984. (46) On June 6, 1984, the Missouri Department of Natural Resources submitted the Air Quality Monitoring State Implementation Plan. (47) In a letter dated August 14, 1984, the Missouri Department of Natural Resources submitted the rules, 10 CSR 10–6.030, Sampling Methods for Air Pollution Sources, and 10 CSR 10–6.040, Reference Methods. (48) Revised rules 10 CSR 10–2.040, 3.060, 4.040 and 5.030 all entitled “Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating” were submitted September 24, 1984, by the Department of Natural Resources. (49) On October 5, 1984, the Missouri Department of Natural Resources submitted a revision to the September 2, 1980, lead State Implementation Plan pertaining to item 6 of the Consent Order for the AMAX Lead Company. The revision consists of a substitution of equivalent control measures for item 6. (50) The Missouri Department of Natural Resources submitted an amendment to Rule 10 CSR 10–5.330 “Control of Emissions from Industrial Surface Coating Operations,” limiting emissions from surface coating of plastic parts and new Rule 10 CSR 10–5.370 “Control of Emissions from the Application of Deadeners and Adhesives” on January 24, 1984; and new Rule 10 CSR 10–5.390, “Control of Emissions from Manufacture of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products” and an amendment to 10 CSR 10–6.020, “Definitions” on April 10, 1984. (Approval action was deferred on 10 CSR 10–5.370.) (51) The motor vehicle inspection and maintenance program for the St. Louis area was submitted August 27, 1984, by the Department of Natural Resources. (i) Incorporation by reference. (A) Amendment to Regulations 10 CSR 10–5.380, “Motor Vehicle Emissions Inspections”, published in the Missouri Register January 3, 1982; (B) Missouri Revised Statutes, Sections 307.350 through 307.395, “Motor Vehicle Safety Inspection”, as revised September 1983; (C) Regulations 11 CSR 50–2.010 through 11 CSR 50–2.410, “Missouri Motor Vehicle Inspection Regulations”, as revised July 1, 1982. (ii) Additional material. (A) I/M Implementation Schedule. (B) Highway Patrol Forms. (C) Missouri Certified Emission Analyzers. (D) Missouri Department of Revenue Policy. (E) Highway Patrol QC Manual. (F) EPA Approval of RACT Compliance. (G) Public Awareness Materials. (52) [Reserved] (53) A rule requiring sources to keep records and report data and requiring emission data to be made public was submitted January 22, 1985, by the Department of Natural Resources. This rule replaces previous rules 10 CSR 10–2.130, 3.130, 4.120, and 5.210, all entitled “Submission of Emission Information” which were approved as parts of the State Implementation Plan; and previous rules 10 CSR 10–2.180, 3.120, 4.170, and 5.270, all entitled “Public Availability of Emission Data” which were not approved prior to the submission of this replacement rule. (i) Incorporation by reference. A new regulation 10 CSR 10–6.110 published in the Missouri Register November 1, 1984. (54) A new rule, Controlling Emissions During Episodes of High Air Pollution Potential, was submitted by the Department of Natural Resources on January 22, 1985. (i) Incorporation by reference. 10 CSR 10–6.130, Controlling Emissions During Episodes of High Air Pollution Potential, adopted by the Missouri Air Conservation Commission and effective on October 11, 1984. (ii) Additional material. The State has rescinded rules 10 CSR 10–2.170, 3.110, 4.160, and 5.260, all entitled “Rules for Controlling Emission During Periods of High Air Pollution Potential.” (55) [Reserved] (56) The Missouri Department of Natural Resources submitted the Protection of Visibility Plan, 1985, on May 3, 1985. (i) Incorporation by reference. (A) Amendments to Missouri Rule 10 CSR 10–6.020, Definitions, and Rule 10 CSR 10–6.060, Permits Required. These Amendments were adopted by the Missouri Air Conservation Commission and became effective on May 11, 1985. (ii) Additional material. (A) Narrative description of visibility new source review program for Class I areas in Missouri. (B) Visibility monitoring plan for Class I areas in Missouri. (57) On July 1, 1985, the Missouri Department of Natural Resources submitted amendments to Rules 10 CSR 10–5.220 for the St. Louis Metropolitan Area, and 10 CSR 10–2.260 for the Kansas City Metropolitan Area. The amendments require bulk gasoline plants to be equipped with a vapor recovery system if their monthly throughput is greater than the exemption level. (i) Incorporation by reference. (A) 10 CSR 10–5.220, and 10 CSR 10–2.260, Control of Emissions from Petroleum Liquid Storage, Loading, and Transfer, as published in the Missouri Register on May 1, 1985. (58) A plan revision demonstrating that the ozone standard will be attained in the St. Louis ozone nonattainment area by December 31, 1987, was submitted by the Department of Natural Resources on August 1, 1985. (i) Incorporation by reference. (A) An agreement and variance modification order dated July 18, 1985, signed by the Missouri Air Conservation Commission and the General Motors (GM) Corporation requiring that the GM St. Louis assembly plant meet interim emission limitations and comply with the SIP by shutdown by December 31, 1987. (ii) Additional material. (A) A revised and corrected emission inventory for base year 1980. (B) A revised projected year 1987 inventory demonstrating that the additional emission reductions from two new regulations and one plant shutdown, in addition to reductions already required, will be adequate to reduce ambient ozone concentrations to the National Ambient Air Quality Standard for ozone. (59) A new rule, Control of Emissions from the Production of Maleic Anhydride, was submitted by the Department of Natural Resources on January 21, 1986. (i) Incorporation by reference. (A) 10 CSR 10–5.400, Control of Emissions from the Production of Maleic Anhydride, adopted by the Missouri Air Conservation Commission and effective on October 26, 1985. (60) A plan revision to correct motor vehicle inspection and maintenance testing deficiencies was submitted by the Department of Natural Resources on December 29, 1987. (i) Incorporation by reference. (A) Regulations 11 CSR 50–2.370 and 11 CSR 50–2.400, effective June 25, 1987. (61) On June 9, 1986, the state of Missouri submitted an amendment to Rule 10 CSR 10–5.220, Control of Petroleum Liquid Storage, Loading, and Transfer. This amendment requires the control of volatile organic compound emissions from the refueling of motor vehicles in the St. Louis Metropolitan Area. (i) Incorporation by reference. (A) 10 CSR 10–5.220, Control of Petroleum Liquid Storage, Loading, and Transfer, revised paragraphs 4, 5, 6, 7, 8, and 9, published in the Missouri Register on May 1, 1985. (62) A new rule, Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants, was submitted by the Department of Natural Resources on November 19, 1986. (i) Incorporation by reference, 10 CSR 10–5.420, Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants, effective on September 26, 1986. (63) An amendment to the rule, Restriction of Emissions of Sulfur Compounds, was submitted by the Department of Natural Resources on November 19, 1986. (i) Incorporation by reference. (A) Amended Regulation 10 CSR 10–3.100, Restriction of Emission of Sulfur Compounds adopted October 16, 1986, and effective on November 28, 1986. (64) A variance from Missouri Rule 10 CSR 10–3.050, Restriction of Emission of Particulate Matter from Industrial Processes, for the St. Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the Missouri Department of Natural Resources on October 22, 1987. (i) Incorporation by reference. (A) Variance order modification dated May 21, 1987, issued to St. Joe Minerals Corporation allowing certain equipment at its Pea Ridge Iron Ore facility to operate beyond the limitations specified in Rule 10 CSR 10–3.050, Restriction of emissions of Particulate Matter from Industrial Processes, for outstate Missouri area, effective May 21, 1987. (65) Revised regulations for the control of volatile organic compound emissions in the Kansas City area were submitted by the Missouri Department of Natural Resources on May 21, 1986, and December 18, 1987. The May 21, 1986, submittal also included anozone attainment demonstration for Kansas City, which will be addressed in a future action. (i) Incorporation by reference. (A) Revision to Rule 10 CSR 10–2.260, Control of Emissions from Petroleum Liquid Storage, Loading, and Transfer, effective May 29, 1986, with amendments effective December 24, 1987. (B) New Rule 10 CSR 10–2.300, Control of Emissions from the Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied Surface Coating Products, effective December 12, 1987. (C) New Rules 10 CSR 10–2.310, Control of Emissions from the Application of Automotive Underbody Deadeners, and 10 CSR 10–2.320, Control of Emissions from Production of Pesticides and Herbicides, effective November 23, 1987. (D) Rescinded Rules 10 CSR 10–2.240, Control of Emissions of Volatile Organic Compounds from Petroleum Refinery Equipment, and 10 CSR 10–2.250, Control of Volatile Leaks from Petroleum Refinery Equipment, effective November 23, 1987. (E) Revision to Rule 10 CSR 10–6.030, Sampling Methods for Air Pollution Sources, effective November 23, 1987, with amendments effective December 24, 1987. (F) Revision to Rule 10 CSR 10–2.210, Control of Emissions from Solvent Metal Cleaning, effective December 12, 1987. (G) Revisions to Rules 10 CSR 10–2.290, Control of Emissions from Rotogravure and Flexographic Printing Facilities, and 10 CSR 10–6.020, Definitions, effective December 24, 1987. (66) The Missouri Department of Natural Resources submitted revisions to its state implementation plan to incorporate PM10 on March 29, 1988, May 12, 1988, and June 15, 1988. (i) Incorporation by reference. (A) Revisions to the following Missouri air pollution rules: 10 CSR 10–6.010 Ambient Air Quality Standards 10 CSR 10–6.020 Definitions 10 CSR 10–6.040 Reference Methods 10 CSR 10–6.060 Permits Required 10 CSR 10–6.130 Controlling Emissions During Episodes of High Air Pollution Potential These rules were published in the Missouri Register on April 18, 1988, and became effective April 28, 1988. (ii) Additional material. (A) A revision to the Missouri Monitoring Plan was submitted March 29, 1988. (B) A narrative description of the PM10 SIP for the state of Missouri was submitted June 15, 1988. (67) Plan revisions were submitted by the Missouri Department of Natural Resources on August 18, 1986, and October 18, 1988, which implement EPA's July 8, 1985, revised stack height requirements. (i) Incorporation by reference. (A) Revisions to rules 10 C.S.R. 10–6.020, Definitions, and 10 CSR 10–6.060, Permits Required, effective May 11, 1986. (B) New rule 10 C.S.R. 10–6.140, Restriction of Emissions Credit for Reduced Pollutant Concentrations from the Use of Dispersion Techniques, effective May 11, 1986. (C) Revisions to rule 10 CSR 10–6.020, Definitions, effective August 25, 1988. (68) Revised regulations applicable to air quality models were submitted by the Missouri Department of Natural Resources on October 18, 1988. (i) Incorporation by reference. (A) Revision of rule 10 CSR 10–6.060 “Permits Required,” effective on September 29, 1988. (69) A plan revision to change the construction permit fees was submitted by the Department of Natural Resources on January 24, 1989, and September 27, 1989. (i) Incorporation by reference. (A) Revision to 10 CSR 10–6.060, Permits Required, amended December 19, 1988, effective January 1, 1989. (ii) Additional material. (A) Chapter 643 RSMo (House Bill Number 1187) passed by the General Assembly of the state of Missouri in 1988. (70) The Missouri Department of Natural Resources submitted amendments to Rule 10 CSR 10–2.230 on December 18, 1987, and December 19, 1988. The rule controls volatile organic compound emissions from industrial surface coating facilities in the Kansas City area. (i) Incorporation by reference. (A) Revision to Rule 10 CSR 10–2.230, Control of Emissions from Industrial Surface Coating Operations, effective December 24, 1987, with amendments effective November 24, 1988. (71) Revisions to regulations for controlling volatile organic compound emissions in the St. Louis area were submitted by the Missouri Department of Natural Resources on June 14, 1985; November 19, 1986; and March 30, 1989. (i) Incorporation by reference. (A) New Rule 10 CSR 10–5.410, Control of Emissions from the Manufacture of Polystyrene Resin, effective May 11, 1985, with amendments effective September 26, 1986, and March 11, 1989. (B) Revisions to Rules 10 CSR 10–5.220, Control of Petroleum Liquid Storage, Loading and Transfer; 10 CSR 10–5.300, Control of Emissions from Solvent Metal Cleaning; 10 CSR 10–5.310, Liquefied Cutback Asphalt Paving Restricted; 10 CSR 10–5.320, Control of Emissions from Perchloroethylene Dry Cleaning Installations; 10 CSR 10–5.340, Control of Emissions from Rotogravure and Flexographic Printing Facilities; 10 CSR 10–5.350, Control of Emissions of Synthesized Pharmaceutical Products; 10 CSR 10–5.360, Control of Emissions from Polyethylene Bag Sealing Operations; 10 CSR 10–5.370, Control of Emissions from the Application of Deadeners and Adhesives; 10 CSR 10–5.390, Control of Emissions from the Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied Surface Coating Products; 10 CSR 10–5.420, Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants; and 10 CSR 6.020, Definitions; effective March 11, 1989. (C) Rescinded Rule 10 CSR 10–5.400, Control of Emissions from Production of Maleic Anhydride, effective March 11, 1989. (72) The Missouri Department of Natural Resources submitted new rule 10 CSR 10–5.330, Control of Emissions from Industrial Surface Coating Operations, and amendments to rule 10 CSR 10–6.020, Definitions, on January 11, 1990. (i) Incorporation by reference. (A) New rule 10 CSR 10–5.330, Control of Emissions from Industrial Surface Coating Operations, effective November 26, 1989. (B) Rescinded rule 10 CSR 10–5.330, Control of Emissions from Industrial Surface Coating Operations, effective November 26, 1989. (C) Revisions to rule 10 CSR 10–6.020, Definitions, effective November 26, 1989. (73) A rule revision to establish gasoline tank truck certification requirements in ozone nonattainment areas was submitted by the Department of Natural Resources on July 17, 1990. (i) Incorporation by reference. (A) Revision to rule 10 CSR 10–2.260 and 10 CSR 10–5.220 both titled “Control of Petroleum Liquid Storage, Loading, and Transfer” effective May 24, 1990. (74) Revisions to the circumvention plan submitted by the Missouri Department of Natural Resources on September 6, 1990. (i) Incorporation by reference. (A) Rule at 10 CSR 10–6.150, Circumvention, effective November 30, 1990. (B) Rescission of rules 10 CSR 10–2.140, Circumvention; CSR 10–4.130, Circumvention; and 10 CSR 10–5.230, Circumvention, effective September 28, 1990. (75) Plan revisions were submitted by the Missouri Department of Natural Resources on September 25, 1990, which implement EPA's October 17, 1988, PSD NOX requirements. (i) Incorporation by reference (A) Revisions to rules 10 CSR 10–6.020 “Definitions” and 10 CSR 10–6.060 “Permits Required” were adopted by the Missouri Air Conservation Commission on May 14, 1990, and became effective May 24, 1990. (ii) Additional Information (A) Letter from the state dated November 30, 1990, pertaining to NOX rules and analysis which certifies that the material was adopted by the state on May 24, 1990. (76) In submittals dated September 6, 1990, and May 8, 1991, the Missouri Department of Natural Resources submitted a lead NAAQS attainment plan for the Doe Run Herculaneum primary lead smelter. Although Missouri rule 10 CSR 10–6.120 contains requirments which apply statewide to primary lead smelting operations, EPA takes action on this rule only insofar as it pertains to the Doe Run Herculaneum facility. Plan revisions to address the other lead smelters in the state are under development. (i) Incorporation by reference. (A) New rule 10 CSR 10–6.120, Restriction of Emissions of Lead from Primary Lead Smelter-Refinery Installations, effective December 29, 1988, with amendments effective March 14, 1991. (B) Consent order, entered into between the Doe Run Company and the Missouri Department of Natural Resources, dated March 9, 1990. (C) Supplemental consent order, signed by the Doe Run Company on July 26, 1990, and by the Missouri Department of Natural Resources on August 17, 1990. (ii) Additional material. (A) Narrative SIP material, submitted on September 9, 1990. This submittal includes the emissions inventory and attainment demonstration. (B) The Doe Run Herculaneum Work Practice Manual was submitted on May 8, 1991. In the May 8, 1991, submittal letter, the state agreed that any subsequent changes to the work practice manual would be submitted to EPA as SIP revisions. (77) Revisions to the state implementation plan for the Kansas City metropolitan area were submitted by the Director of the Missouri Department of Natural Resources on October 9, 1991. Revisions include a maintenance plan which demonstrates continued attainment of the NAAQS for ozone through the year 2002. Rule revisions were also submitted on October 9, 1991. (i) Incorporation by reference. (A) Revised regulations 10 CSR 10–6.020, Definitions, and 10 CSR 10–2.220, Liquefied Cutback Asphalt Paving Restricted, effective August 30, 1991; and new regulation 10 CSR 10–2.340, Control of Emissions from Lithographic Printing Facilities, effective December 9, 1991. (ii) Additional material. (A) State of Missouri Implementation Plan, Kansas City Metropolitan Area Maintenance Provisions, October 1991. (78) The Missouri Department of Natural Resources submitted new rule 10 CSR 10–6.180, Measurement of Emissions of Air Contaminants, on March 4, 1991. (i) Incorporation by reference. (A) New rule 10 CSR 10–6.180 entitled “Measurement of Emissions of Air Contaminants” published November 19, 1990, effective December 31, 1990. (79) The Missouri Department of Natural Resources submitted an amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10–6.030 “Sampling Methods for Air Pollution Sources.” On November 20, 1991, Missouri submitted administrative amendments to rule 10 CSR 10–6.030 which renumber and reorganize sections within that rule. Rules which reference the renumbered sections of 10 CSR 10–6.030 were also administratively amended and submitted. (i) Incorporation by reference. (A) Revised regulation 10 CSR 10–6.030 “Sampling Methods for Air Pollution Sources” effective September 30, 1991. (B) Administrative amendments to the sampling citations in the following rules which are affected by the administrative amendments to 10 CSR 10–6.030: 10 CSR 10–2.210, effective December 12, 1987; 10 CSR 10–2.230, effective November 24, 1988; 10 CSR 10–2.260, effective May 24, 1990; 10 CSR 10–2.280, effective May 13, 1982; 10 CSR 10–2.290, effective December 24, 1987; 10 CSR 10–2.300, effective December 12, 1987; 10 CSR 10–2.310, effective November 23, 1987; 10 CSR 10–2.320, effective November 23, 1987; 10 CSR 10–3.160, effective December 11, 1987; 10 CSR 10–5.220, effective May 24, 1990; 10 CSR 10–5.300, effective March 11, 1989; 10 CSR 10–5.320, effective March 11, 1989; 10 CSR 10–5.330, effective November 26, 1989; 10 CSR 10–5.350, effective March 11, 1989; 10 CSR 10–5.360, effective March 11, 1989; 10 CSR 10–5.370, effective March 11, 1989; 10 CSR 10–5.390, effective March 11, 1989; 10 CSR 10–5.410, effective March 11, 1989; 10 CSR 10–6.090, effective August 13, 1981; and 10 CSR 10–6.120, effective March 14, 1991. (80) On June 28, 1991, the Missouri Department of Natural Resources (MDNR) submitted revisions to the Missouri State Implementation Plan which pertain to the St. Louis vehicle inspection and maintenance program. The Missouri rules contain requirements which apply to both safety and emission testing; EPA takes action on these rules only insofar as they pertain to emissions testing. (i) Incorporation by reference. (A) New rules 11 CSR 50–2.401, General Specifications; 11 CSR 50–2.402, Missouri Analyzer System (MAS) Software Functions; 11 CSR 50–2.403, MAS Display and Program Requirements; 11 CSR 50–2.405, Vehicle Inspection Certificate, Vehicle Inspection Report and Printer Function Specifications; 11 CSR 50–2.406, Technical Specifications for the MAS; and 11 CSR 50–2.407 Documentation, Logistics and Warranty Requirements; (appendix A, B, C), effective June 28, 1990. (B) New rule 11 CSR 50–2.404, Test Record Specifications, effective September 28, 1990. (C) Amended rules 11 CSR 50–2.370 Inspection Station Licensing; 11 CSR 50–2.410, Vehicles Failing Reinspection; and 11 CSR 50–2.420 Procedures for Conducting Only Emission Tests; effective December 31, 1990. (D) Rescinded rule 11 CSR 50–2,400, Emission Test Procedures; effective December 31, 1990. (81) The Missouri Department of Natural Resources submitted a rule action rescinding rules 10 CSR 10–2.120, 10 CSR 10–4.110, and 10–5.200, Measurement of Emissions of Air Contaminants for the Kansas City Metropolitan Area, Springfield-Greene County Area, and the St. Louis Metropolitan Area, respectively, on July 9, 1992. (i) Incorporation by reference. (A) Rescission of rules 10 CSR 10–2.120, 10 CSR 10–4.110, and 10 CSR 10–5.200 entitled “Measurement of Emissions of Air Contaminants” rescinded April 9, 1992. (82) Revisions to the Missouri State Implementation Plan establishing a Small Business Stationary Source Technical and Environmental Compliance Assistance Program were submitted by the Director of the Missouri Department of Natural Resources on March 10, 1993. (i) Incorporation by reference. (A) Small Business Stationary Source Technical and Environmental Compliance Program dated November 1992 and adopted February 18, 1993. (83) A revision to the Missouri State Implementation Plan (SIP) to incorporate the lead nonattainment areas into the existing new source review (NSR) program was submitted by the state on March 15, 1993. This revision changes the applicability requirements by changing the definition of nonattainment area in the state regulations to include lead nonattainment areas, and to delete the Kansas City area as a nonattainment area in light of its attainment of the ozone standard. (i) Incorporation by reference. (A) Revision to rule 10 C.S.R. 10–6.020, definitions, effective February 26, 1993. (84) The Missouri Department of Natural Resources submitted rule revisions pertaining to rotogravure and flexographic printing facilities in Kansas City, Missouri, and St. Louis, Missouri; and an amendment to the sampling methods rule which adds a compliance test method for the capture efficiency of air pollution control devices. These amendments were submitted September 16 and September 23, 1992. (i) Incorporation by reference. (A) Revised regulations 10 CSR 10–2.290 (except section (6), Compliance Dates) and 10 CSR 10–5.340 (except section (6), Compliance Dates), both entitled Control of Emissions from Rotogravure and Flexographic Printing Facilities, effective February 6, 1992. (B) Revised regulation 10 CSR 10–6.030 (section (20)), effective April 9, 1992. (85) [Reserved] (86) A revision to the Missouri SIP to revise the Missouri Part D new source review rules, update and add numerous definitions, revise the maximum allowable increase for particulate matter under the requirements for prevention of significant deterioration, address emission statements under Title I of the CAA, and generally enhance the SIP. (i) Incorporation by reference. (A) Revision to rules 10 CSR 10–6.020, Definitions and Common Reference Tables, effective August 30, 1995; 10 CSR 10–6.060, Construction Permits Required, effective August 30, 1995; 10 CSR 10–6.110, Submission of Emission Data, Emission Fees, and Process Information, except section 5, effective May 9, 1994; and 10 CSR 10–6.210, Confidential Information, effective May 9, 1994. (87) In submittals dated July 2, 1993; June 30, 1994; and November 23, 1994, MDNR submitted an SIP to satisfy Federal requirements for an approvable nonattainment area lead SIP for the Doe Run primary smelter in Herculaneum, Missouri. Although Missouri rule 10 CSR 10–6.120 contains requirements which apply statewide to primary lead smelting operations, EPA takes action on this rule only insofar as it pertains to the Doe Run Herculaneum facility. Plan revisions to address the other lead smelters in the state are under development. (i) Incorporation by reference. (A) Revised regulation 10 CSR 10–6.120 (section (1), section (2)(B), section (3)) entitled Restriction of Emissions of Lead From Primary Lead Smelter-Refinery Installations, effective August 28, 1994. (B) Consent Order, entered into between the Doe Run Company and MDNR, dated July 2, 1993. (C) Consent Order amendment, signed by the Doe Run Company on March 31, 1994, and by MDNR on April 28, 1994. (D) Consent Order amendment, signed by the Doe Run Company on September 6, 1994, and by MDNR on November 23, 1994. (ii) Additional material. (A) Revisions to the Doe Run Herculaneum Work Practice Manual submitted on July 2, 1993. (B) Revisions to the Doe Run Herculaneum Work Practice Manual submitted on June 30, 1994. (88) This revision submitted by the Missouri Department of Natural Resources on March 31, 1994, relates to intermediate sources, and the EPA is not approving the basic operating permit program. This revision establishes a mechanism for creating federally enforceable limitations. Emission limitations and related provisions which are established in Missouri operating permits as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements or the requirements of EPA's underlying regulations. (i) Incorporation by reference. (A) 10 C.S.R. 10–6.065 (sections 1, 2, 3, 4(C)-(P), 5, and 7) Operating Permits, effective May 9, 1994. (ii) Additional material. (A) Letter from Missouri to EPA Region VII dated November 7, 1994, regarding how Missouri intends to satisfy the requirements set forth in the Clean Air Act Amendments at sections 112(l)(5)(A), (B), and (C). (B) Two letters from Missouri to EPA Region VII dated October 3, 1994, and February 10, 1995, supplementing the November 7, 1994, letter and clarifying that Missouri does have adequate authority to limit potential-to-emit of hazardous air pollutants through the state operating permit program. (89) In submittals dated July 2, 1993; June 30, 1994; and November 23, 1994, the Missouri Department of Natural Resources (MDNR) submitted a State Implementation Plan (SIP) to satisfy Federal requirements for an approvable nonattainment area lead SIP for the Doe Run primary and secondary smelter near Bixby, Missouri (Doe Run-Buick). Although Missouri rule 10 CSR 10–6.120 contains requirements which apply statewide to primary lead smelting operations, EPA takes action on this rule insofar as it pertains to the Doe Run-Buick facility. Plan revisions to address the other lead smelters in the state are under development. (i) Incorporation by reference. (A) Revised regulation 10 CSR 10–6.120 (section (2)(C), section (4)) entitled Restriction of Emissions of Lead from Primary Smelter-Refinery Installations, effective August 28, 1994. (B) Consent Order, entered into between the Doe Run Company and MDNR, dated July 2, 1993. (C) Consent Order amendment, signed by the Doe Run Company on August 30, 1994, and by MDNR on November 23, 1994. (ii) Additional material. (A) The Doe Run-Buick Work Practice Manual submitted on July 2, 1993. EPA approves the Work Practice manual with the understanding that any subsequent changes to the Work Practice Manual will be submitted as SIP revisions. (B) Revisions to the Doe Run-Buick Work Practice Manual submitted on June 30, 1994. (90)–(91) [Reserved] (92) On February 14, 1995, the Missouri Department of Natural Resources submitted two new rules which pertain to transportation conformity in Kansas City and St. Louis. (i) Incorporation by reference. (A) New rule 10 CSR 10–2.390 (except section (20) Criteria and Procedures: Interim Period Reductions in Ozone Areas (TIP)) and 10 CSR 10–5.480 (except section (22) Criteria and Procedures: Interim Period Reductions in Ozone Areas (TIP)), both entitled Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective May 28, 1995. (ii) Additional material. (A) Missouri's Air Pollution Control Plan, St. Louis Metropolitan Area Ozone and Carbon Monoxide Transportation Conformity, January 12, 1995. (B) Missouri's Air Pollution Control Plan, Kansas City Metropolitan Area Ozone Transportation Conformity, January 12, 1995. (C) Policy agreement, entered into between the Missouri Department of Natural Resources, the Mid-America Regional Council, and the Highway and Transportation Commission of the state of Missouri, dated August 31, 1993. (D) Letter from the state of Missouri to EPA, dated December 7, 1995, in which the state commits to implementing its state rule consistent with the Federal Transportation Conformity rule, as amended on August 29, 1995, with regards to the granting of an NOX waiver and the NOX conformity requirements. (93) On February 14, 1995, the Missouri Department of Natural Resources (MDNR) submitted a new rule which pertains to general conformity. (i) Incorporation by reference. (A) New rule 10 CSR 10–6.300, entitled Conformity of General Federal Actions to State Implementation Plans, effective May 28, 1995. (94) On April 12, 1995, the Missouri Department of Natural Resources submitted an emissions inventory update to the Kansas City maintenance plan approved by EPA on June 23, 1992. The submittal also establishes a motor vehicle emissions budget for the purpose of fulfilling the requirements of the Federal Transportation Conformity rule. (i) Incorporation by reference. (A) Kansas City Ozone Maintenance SIP Revisions: Emission Inventories and Motor Vehicle Emissions Budgets, adopted by the Missouri Air Conservation Commission on March 30, 1995. (95) Plan revisions were submitted by the Missouri Department of Natural Resources on August 14, 1996, which reduce lead emissions from the Asarco primary lead smelter located within the lead nonattainment area defined by the boundaries of the Liberty and Arcadia Townships located in Iron County, Missouri. (i) Incorporation by reference. (A) Rule 10 CSR 10–6.120, Restriction of Emissions of Lead From Primary Lead Smelter—Refinery Installations, except subsection 2(B) and 2(C), and section 4, effective June 30, 1996. (B) Consent Decree Case Number CV596–98CC, STATE OF MISSOURI ex. rel. Jeremiah W. (Jay) Nixon and the Missouri Department of Natural Resources v. ASARCO, INC., Missouri Lead Division, effective July 30, 1996, with Exhibits A, C, D, E, F, and G. (ii) Additional material. (A) Narrative SIP material submitted on August 14, 1996. This submittal includes the emissions inventory and the attainment demonstration. (96) Revisions to the Missouri SIP submitted by the Missouri Department of Natural Resources on March 13, 1996, and August 6, 1996, pertaining to its intermediate operating permit program. The EPA is not approving provisions of the rules which pertain to the basic operating permit program. (i) Incorporation by reference. (A) Regulations 10 C.S.R. 10–6.020, Definitions and Common Reference Tables, effective June 30, 1996; and 10 C.S.R. 10–6.065, Operating Permits, effective June 30, 1996, except sections (4)(A), (4)(B), and (4)(H). (97) On November 20, 1996, the Missouri Department of Natural Resources (MDNR) submitted a revised rule which pertains to general conformity. (i) Incorporation by reference. (A) Rule 10 CSR 10–6.300, entitled Conformity of General Federal Actions to State Implementation Plans, effective September 30, 1996. (98) Revision to the Missouri SIP submitted by the Missouri Department of Natural Resources on July 14, 1997. (i) Incorporation by reference. (A) Missouri Emergency Rule, 10 CSR 10–2.330, Control of Gasoline Reid Vapor Pressure, effective May 1, 1997, and expires October 27, 1997. (99) Revisions to the ozone attainment plan were submitted by the Governor on February 1, 1996. (i) Incorporation by reference. (A) Missouri Rule 10 CSR 10–2.260, “Control of Petroleum Liquid Storage, Loading, and Transfer,” effective December 30, 1995. (B) Missouri Rule 10 CSR 10–5.220, “Control of Petroleum Liquid Storage, Loading, and Transfer,” effective December 30, 1995. (100) A revision to the Missouri SIP was submitted by the Missouri Department of Natural Resources on February 1, 1996, pertaining to Emission Data, Emission Fees, and Process Information. (i) Incorporation by reference. (A) Missouri Rule 10 CSR 10–6.110, “Emission Data, Emission Fees, and Process Information,” effective December 30, 1995. (101) On January 10, 1997, and February 2, 1997, the Missouri Department of Natural Resources submitted revised rules pertaining to transportation conformity. (i) Incorporation by reference. (A) Regulation 10 CSR 10–2.390, entitled Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective December 30, 1996. (B) Regulation 10 CSR 10–5.480, entitled Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective December 30, 1996. (102) Revised regulations for the control of fugitive particulate matter emissions were submitted by the Missouri Department of Natural Resources (MDNR) on September 25, 1990, and on November 20, 1996. (i) Incorporation by reference. (A) Regulation 10 CSR 10–6.170, entitled Restriction of Particulate Matter Beyond the Premises of Origin, effective November 30, 1990, as amended October 30, 1996. (B) Rescission of regulation 10 CSR 10–2.050, entitled Preventing Particulate Matter From Becoming Airborne, effective September 28, 1990. (C) Rescission of regulation 10 CSR 10–3.070, entitled Restriction of Particulate Matter From Becoming Airborne, effective September 28, 1990. (D) Rescission of regulation 10 CSR 10–4.050, entitled Preventing Particulate Matter From Becoming Airborne, effective September 28, 1990. (E) Rescission of regulation 10 CSR 10–5.100, entitled Preventing Particulate Matter From Becoming Airborne, effective on September 28, 1990. (ii) Additional material. (A) Letter from Missouri submitted on February 24, 1997, pertaining to the submission of supplemental documentation. (103) Revisions to the Missouri plan were submitted by the Governor on March 20, 1997. (i) Incorporation by reference. (A) St. Louis City Ordinance 59270, Section 4—Definitions, numbers 80. “Open Burning,” 100. “Refuse,” 108. “Salvage Operation,” and 126. “Trade Waste” only; and Section 12, effective October 23, 1984. (B) St. Louis City Permit No. 96–10–084, issued to Washington University School of Medicine Medical Waste Incinerator, 500 S. Euclid Avenue, effective February 20, 1997. (C) St. Louis City Permit No. 96–10–083, issued to Washington University School of Medicine Pathological Incinerator, 4566 Scott Avenue, effective February 20, 1997. (D) St. Louis City Operating Permit, issued to St. Louis University Medical Center Medical Waste Incinerator, 3628 Rutger Avenue, effective August 3, 1992. (E) Kansas City Air Quality Control Code C.S. No. 56726, Chapter 8, Sections: 8–2, definitions for “Open burning,” “Refuse,” “Salvage operation,” and “Trade waste”; and 8–4, only, effective August 2, 1984. (F) Remove St. Louis City Ordinance 50163, effective June 11, 1968. (G) Remove St. Louis City Ordinance 54699, effective March 27, 1967. (H) Remove St. Louis County Air Pollution Control Code SLCRO, Title VI, Chapter 612, effective February 22, 1967. (I) Remove Kansas City Air Pollution Control Code C.S. No. 36539, Chapter 18, except sections: 18.83—Definitions, subsections (13) “Incinerators” and (15) “Multiple Chamber Incinerators”; and 18.91—Incinerators, effective August 31, 1972. (J) Remove City of Springfield Air Pollution Control Standard G.O. No. 1890, Chapter 2A, except sections: 2A–2—Definitions, the definitions for “Director of Health,” “Existing Equipment,” “Incinerator,” “Multiple-chamber incinerator,” “New equipment,” “Open burning,” “Particulate matter,” “Refuse,” and “Trade waste”; 2A–25; 2A–34; 2A–35; 2A–36; 2A–37; 2A–38; 2A–51; 2A–55; and 2A–56, effective October 12, 1969. (104) [Reserved] (105) Revision to the Missouri SIP submitted by the Missouri Department of Natural Resources on November 13, 1997. (i) Incorporation by reference. (A) Missouri Rule, 10 CSR 10–2.330, Control of Gasoline Reid Vapor Pressure, effective October 30, 1997. (106) On December 17, 1996, the Missouri Department of Natural Resources submitted a revised rule pertaining to capture efficiency. (i) Incorporation by reference. (A) Revised regulation 10 CSR 10–6.030 entitled, “Sampling Methods for Air Pollution Sources,” effective November 30, 1996. (107) New regulation for control of volatile organic emissions from Kansas City commercial bakeries submitted by the Missouri Department of Natural Resources March 13, 1996. (i) Incorporation by reference. (A) Rule 10 CSR 10–2.360 entitled “Control of Emissions from Bakery Ovens,” effective December 30, 1995. (108) On August 12, 1997, the Missouri Department of Natural Resources (MDNR) submitted a new rule which consolidated the SO2 rules into one and rescinded eight existing rules dealing with sulfur compounds. (i) Incorporation by reference. (A) Regulation 10 CSR 10–6.260, Restriction of Emission of Sulfur Compounds, except Section (4), Restriction of Concentration of Sulfur Compounds in the Ambient Air, and Section (3), Restriction of Concentration of Sulfur Compounds in Emissions, effective on August 30, 1996. (B) Rescission of rules 10 CSR 10–2.160, Restriction of Emission of Sulfur Compounds; 10 CSR 10–2.200, Restriction of Emission of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10–3.100, Restriction of Emission of Sulfur Compounds; 10 CSR 10–3.150, Restriction of Emission of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10–4.150, Restriction of Emissions of Sulfur Compounds; 10 CSR 10–4.190, Restriction of Emission of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10–5.110, Restrictions of Emission of Sulfur Dioxide for Use of Fuel; and 10 CSR 10–5.150, Emission of Certain Sulfur Compounds Restricted; effective July 30, 1997. (109) This State Implementation Plan (SIP) revision submitted by the state of Missouri on July 10, 1996, broadens the current rule exceptions to include smoke-generating devices. This revision would allow smoke generators to be used for military and other types of training when operated under applicable requirements. (i) Incorporation by reference. (A) Regulation 10 CSR 10–3.080, “Restriction of Emission of Visible Air Contaminants,” effective on May 30, 1996. (110) On May 28, 1998, the Missouri Department of Natural Resources submitted revisions to the construction permits rule. (i) Incorporation by reference. (A) Missouri Rule 10 CSR 10–6.060, “Construction Permits Required,” except Section (9), effective April 30, 1998. (111) A revision submitted by the Governor's designee on July 30, 1998, that reduces air emissions from batch-type charcoal kilns throughout the state of Missouri. (i) Incorporation by reference: (A) New Missouri rule 10 CSR 10–6.330, Restriction of Emissions from Batch-Type Charcoal Kilns, effective July 30, 1998. (112) Revisions submitted on November 13, 1998, and December 7, 1998, by the MDNR that modify Missouri's Out-state Open Burning Rule and add sampling methods to Missouri's Sampling Method Rule, respectively. (i) Incorporation by reference: (A) Revisions to Missouri rule 10 CSR 10–3.030 entitled “Open Burning Restrictions,” effective August 30, 1998. (B) Revisions to Missouri rule 10 CSR 10–6.030 entitled “Sampling Methods for Air Pollution Sources,” effective November 30, 1998. [37 FR 10875, May 31, 1972. Redesignated and amended at 64 FR 34719, June 29, 1999] Editorial Note: For Federal Register citations affecting §52.1322, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1323 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves Missouri's plans for the attainment and maintenance of the national standards. Continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980, for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each successive January of Additional RACT requirements for sources covered by CTGs issued the previous January. New source review permits issued pursuant to section 173 of the Clean Air Act will not be deemed valid by EPA unless the provisions of Section V of the emission offset interpretive rule published on January 16, 1979 (44 FR 3274) are met. (b) The Administrator approves Rule 10 CSR 10–2.290 as identified under §52.1320, paragraph (c)(65), with the understanding that any alternative compliance plans issued under this rule must be approved by EPA as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP would be the reduction requirements stated in the rule. (c) The Administrator approves Rule 10 CSR 10–2.230 as identified under §52.1320, paragraph (c)(70), with the understanding that any alternative compliance plans issued under this rule must be approved by EPA as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP would be the emission limits stated in the rule. (d) The Administrator approves Rule 10 CSR 10–5.340 as identified under §52.1320, paragraph (c)(71), with the understanding that any alternative compliance plans issued under this rule must be approved as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP would be the reduction requirements stated in the rule. (e) The Administrator approves Rule 10 CSR 10–5.330 as identified under §52.1320, paragraph (c)(72), under the following terms, to which the state of Missouri has agreed: Subsections (5)(B)3 and (7)(B) of the rule contain provisions whereby the director of the Missouri Air Pollution Control Program has discretion to establish compliance determination procedures and equivalent alternative emission limits for individual sources. Any such director discretion determinations under this rule must be submitted to EPA for approval as individual SIP revisions. In the absence of EPA approval, the enforceable requirements of the SIP are the applicable emission limit(s) in subsection (4)(B) and the compliance determination provisions stated in subsection(5)(B)1 or (5)(B)2. (f) The Administrator approves Rule 10 CSR 10–6.120 as identified under §52.1320(c)(76), under the following terms, to which the state of Missouri has agreed. Subparagraph (2)(B)2.B.(IV) contains a provision whereby the Director of the Missouri Department of Natural Resources has discretion to approve revisions to the Doe Run Herculaneum work practice manual. Any revisions to the work practice manual, pursuant to this rule, must be submitted to EPA for approval as an individual SIP revision. Thus, any existing federally approved work practices remain in effect, until such time that subsequent revisions are submitted to EPA and approved as SIP revisions. (g) The Missouri portion of the Kansas City metropolitan area was designated as nonattainment for ozone in 40 CFR part 81. Therefore, the Administrator approves continuation of the 7.8 RVP limit as federally enforceable in the Kansas City metropolitan area, even after the area is redesignated to attainment, because of its nonattainment designation effective January 6, 1992. Also, the requirement for 7.8 psi RVP volatility is deemed necessary to ensure attainment and maintenance of the ozone standard as demonstrated by the emissions inventory projections (based on use of 7.8 psi RVP) in Missouri's ozone maintenance plan for the Kansas City metropolitan area. (h) The state of Missouri commits to revise 10 CSR 6.300 to remove language in paragraphs (3)(C)4. and (9)(B) which is more stringent than the language in the Federal General Conformity rule. In a letter to Mr. Dennis Grams, Regional Administrator, EPA, dated December 7, 1995, Mr. David Shorr, Director, MDNR, stated: We commit to initiating a change in the wording in the above paragraphs [paragraphs (3)(C)4. and (9)(B)] of Missouri rule 10 CSR 10–6.300, and to submit the change to EPA within one year from the date of this letter [December 7, 1995]. We intend that the change will give our rule the same stringency as the General Conformity Rule. (i) Emission limitations and related provisions which are established in Missouri's operation permits as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements or the requirements of EPA's underlying regulations. (j) The state of Missouri revised 10 CSR 10–6.300 to remove language in paragraphs (3)(C)4 and (9)(B) which made the language more stringent than that contained in the Federal general conformity rule. This fulfills the requirements of the conditional approval granted effective May 10, 1996, as published on March 11, 1996. (k) The state of Missouri revised 10 CSR 10–2.390 for Kansas City and 10 CSR 10–5.480 for St. Louis to update the transportation conformity requirements contained in 40 CFR Part 51, Subpart T, effective November 14, 1995. (l) The Administrator conditionally approves Missouri emergency rule 10 CSR 10–2.330 under §52.1320(c)(98). Full approval is contingent on the state submitting the permanent rule, to the EPA, by November 30, 1997. (m) The Administrator approves Missouri rule 10 CSR 10–2.330 under §52.1320(c)(105). This fulfills the requirements of the conditional approval granted effective November 10, 1997, as published on October 9, 1997. [37 FR 10876, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1323, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1324 [Reserved] top § 52.1325 Legal authority. top (a) [Reserved] (b) The requirements of §51.232(b) of this chapter are not met since the following deficiencies exist in local legal authority. (1) St. Louis County Division of Air Pollution Control: (i) Authority to require recordkeeping is lacking (§51.230(e) of this chapter). (ii) Authority to make emission data available to the public is inadequate because section 612.350, St. Louis County Air Pollution Control Code, requires confidential treatment in certain circumstances if the data concern secret processes (§51.230(f) of this chapter). (2) St. Louis City Division of Air Pollution Control: (i) Authority to require recordkeeping is lacking (§51.230(e) of this chapter). (ii) Authority to require reports on the nature and amounts of emissions from stationary sources is lacking (§51.230(e) of this chapter). (iii) Authority to require installation, maintenance, and use of emission monitoring devices is lacking. Authority to make emission data available to the public is inadequate because Section 39 of Ordinance 54699 requires confidential treatment in certain circumstances if the data relate to production or sales figures or to processes or production unique to the owner or operator or would tend to affect adversely the competitive position of the owner or operator (§51.230(f) of this chapter). (3) Kansas City Health Department: (i) Authority to require recordkeeping is lacking (§51.230(e) of this chapter). (4) Independence Health Department: (i) Authority to require recordkeeping is lacking (§51.230(e) of this chapter). (ii) Authority to make emission data available to the public is lacking since section 11.161 of the code of the city of Independence requires confidential treatment in certain circumstances if the data relate to secret processes or trade secrets affecting methods or results of manufacture (§51.230(f) of this chapter). (5) Springfield Department of Health: (i) Authority to abate emissions on an emergency basis is lacking (§51.230(c) of this chapter). (ii) Authority to require recordkeeping is lacking (§51.230(e) of this chapter). (iii) Authority to make emission data available to the public is inadequate because section 2A–42 of the Springfield City Code requires confidential treatment of such data in certain circumstances (§51.230(f) of this chapter). (c) The provisions of §51.230(d) of this chapter are not met since statutory, authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate. [37 FR 23090, Oct. 28, 1972, as amended at 39 FR 7282, Feb. 25, 1974; 51 FR 13001, Apr. 17, 1986; 51 FR 40676, Nov. 7, 1986; 52 FR 24367, June 30, 1987] §§ 52.1326-52.1334 [Reserved] top § 52.1335 Compliance schedules. top (a) The compliance schedule for the source identified below is approved as a revision to the plan pursuant to §51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. Missouri -------------------------------------------------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Adopted date Effective date Final compliance date -------------------------------------------------------------------------------------------------------------------------------------------------------- Pilot Knob Pelleting Co............ Pilot Knob, MO........ V(10 CSR 10-3.050).... Oct. 19, 1977........ Immediately.......... Dec. 31, 1982. Union Electric Labadie power plant. Labadie, MO........... 10 CSR 10-5.090 and 10 June 20, 1979........ July 20, 1979........ Mar. 1, 1984. CSR 10-5.030. St. Joe Minerals Corp., Pea Ridge Washington County, MO. 10 CSR 10-3,050....... Mar. 23, 1983........ Mar. 23, 1983........ Dec. 31, 1988. Iron Ore Facility. St. Joe Minerals Corp., Pea Ridge ......do.............. ......do.............. Apr. 22, 1981........ Dec. 28, 1981........ July 1, 1985. Iron Ore Facility. Associated Electric Cooperative, Randolph County, MO... 10 CSR 10-3.060 and 10 June 17, 1981........ Jan. 12, 1982........ June 1, 1984. Inc., Thomas Hill Power Plant_Unit CSR 10-3.080. 1. American Oil Co. (AMOCO)........... Sugar Creek, MO....... 10 CSR 10-2.260....... Feb. 18, 1981........ Oct. 1, 1981......... June 1, 1982. St. Joe Lead Co.................... Herculaneum, MO....... § 203.050.1(5) Aug. 15, 1980........ Immediately.......... Oct. 27, 1984. RSM01978. AMAX Lead Co....................... Boss, MO.............. ......do.............. ......do............. ......do............. Apr. 27, 1985. -------------------------------------------------------------------------------------------------------------------------------------------------------- (b) The compliance schedule submitted for the source identified below is disapproved as not meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. ---------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date adopted ---------------------------------------------------------------------------------------------------------------- Columbia Water & Light Department. Columbia............... S-VI................... Apr. 25, 1973. Union Electric: Electric generating Labadie................ X...................... Mar. 28, 1974. facility. Do................................... Portage des Sioux...... X...................... July 25, 1974. International Multifoods Corp.: North Kansas City...... (\1\).................. Aug. 31, 1976. Mechanical sifters. Meremac Mining Co., furnace and cooler Pea Ridge.............. II (10 CSR 10-3.050)... Feb. 23, 1977. Nos. 1 through 5. Empire District Electric Co., Power Asbury Joplin.......... III (10 CSR 10-3.060) V Apr. 27, 1977. Plant. (10 CSR 10-3.080). Missouri Portland Cement Co., clinker Sugar Creek............ II (10 CSR 10-2.030) V June 22, 1977. cooler No. 1. (10 CSR 10-2.060). Missouri Public Service Co., Sibley Sibley................. III (10 CSR 10-2.040).. June 26, 1977. powerplant, unit Nos. 1, 2, and 3. Tamko Asphalt Products, Inc., asphalt Joplin................. V (10 CSR 10-3.080).... July 26, 1977. saturating line. University of Missouri power plant.... Columbia............... 10 CSR 10-3.060........ Feb. 21, 1979. Noranda Aluminum, Inc................. New Madrid............. 10 CSR 10-3.050........ Feb. 23, 1977. Associated Electric Cooperative, Inc., ......do............... 110 CSR 10-3.060....... Apr. 18, 1979. Units 1 and 2. ---------------------------------------------------------------------------------------------------------------- \1\ Regulation IV, air pollution control regulations for Kansas City metropolitan area. Note: X=Air Pollution Control Regulations for the St. Louis Metropolitan Area. [39 FR 30835, Aug. 26, 1974] Editorial Note: For Federal Register citations affecting §52.1335, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. §§ 52.1336-52.1338 [Reserved] top § 52.1339 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Long-term strategy. The provisions of §52.29 are hereby incorporated into the applicable plan for the State of Missouri. [52 FR 45138, Nov. 24, 1987] § 52.1340 Control strategy: Carbon monoxide. top Approval—A maintenance plan and redesignation request for the St. Louis, Missouri, area was submitted by the Director of the Missouri Department of Natural Resources on June 13, 1997. Additional information was received on June 15, 1998. The maintenance plan and redesignation request satisfy all applicable requirements of the Clean Air Act. [64 FR 3859, Jan. 26, 1999] Subpart BB—Montana top § 52.1370 Identification of plan. top (a) Title of plan: “Implementation Plan for Control of Air Pollution in Montana.” (b) The plan was officially submitted on March 22, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Non-regulatory changes to the plan involving compliance schedules, emergency episodes, and air quality surveillance submitted May 10, 1972, by the State Department of Health. (2) Plan revisions (Regulation 90–001, Part VI, Part VIII, Part XII) submitted June 26, 1972, by the Governor. (3) The Governor submitted the Air Quality Maintenance Area identification to the Administrator on June 24, 1974. (4) The Governor submitted revision to the Air Quality Maintenance Areas on January 25, 1975. (5) Sulfur oxides control strategy and compliance schedule for the American Smelting and Refining Company submitted May 21, 1975, by the Governor. (6) Sulfur oxides control strategy for the Billings and Laurel areas and schedule of Compliance for the Farmers Union Central Exchange (CENEX) refinery in Laurel submitted by the Governor on January 26, 1978. (7) On May 5, September 4, and October 1, 1975, the Governor submitted revisions which amended regulations applicable to incinerators, industrial processes, storage of petroleum products, aluminum refineries, and malfunctions. (8) On April 24, and October 4, 1979, the Governor submitted revisions for Anaconda, East Helena, and Laurel—SO2; Billings, Butte, Columbia Falls, Colstrip, East Helena, Great Falls, and Missoula—TSP; Billings and Missoula—CO; and Yellowstone County—ozone. No action is taken with regard to the revised new source review regulation, the revised stack height regulation, or the control strategies for East Helena SO2 and Yellowstone County ozone. (9) On February 21, 1980 the Governor submitted a plan revision to meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart C, §58.20. (10) On April 24, October 4, 1979, and January 7, 1980, the Governor submitted revisions to meet Part D and other sections of the Clean Air Act, as amended in l977. No action is taken with regard to the revised stack height regulation. (11) On April 21, 1982, and April 22, 1982, Montana submitted revisions to the open burning regulation and redesignated the Anaconda area from nonattainment to attainment for sulfur dioxide (SO2). (12) On January 19, 1983, Montana submitted revisions to the State Implementation Plan to meet the requirements of Part C, Subpart 1, and section 110 of the Clean Air Act. (13) On July 20, 1982 Montana submitted revisions which amended the State's rules relating to malfunctions. (14) Revisions to the SIP for Missoula and Billings Carbon Monoxide (CO) and Missoula Total Suspended Particulate (TSP) Attainment Plans were submitted by the Governor on August 14, 1981. A revision specifying a list of statewide source test procedures was submitted by the Governor on September 21, 1981. (i) Incorporation by reference. (A) Letter from Governor Ted Schwinden to EPA Region VIII Regional Administrator dated September 21, 1981, and document entitled “Montana SDHED-AQB Sampling and Analytical Procedures” as part of the SIP, adopted December 31, 1972. (B) Missoula City Council Resolution Number 4146 approving amendments to Missoula Total Suspended Particulate and Carbon Monoxide Air Quality Attainment Plans, adopted on May 4, 1981. (C) Missoula Board of County Commissioners Resolution number 81–73 approving changes in the Missoula TSP and CO State Implementation Plan, adopted on May 13, 1981. (ii) Additional material. (A) “Missoula SIP Revisions; Revision to Total Suspended Particulates Stategies and Strategy Development and Implementation for Carbon Monoxide,” 1981. (B) Certification of approval by Montana Board of Health and Environmental Sciences on May 28, 1981 of the “Transportation Control Plan” (July, 1980) prepared by Billings-Yellowstone City-County Planning Board. (C) Billings-Yellowstone City-County Planning Board “Transportation Control Plan”, July, 1980, approved on May 28, 1981. (15) On September 29, 1983, the Governor submitted the Montana State Implementation Plan revision for lead. (16) A revision to the East Helena nonattainment plan for sulfur dioxide (SO2) was submitted on June 7, 1982, and supplemental information was submitted October 4, 1983. (17) On September 21, 1981 the Governor submitted a permit which had been issued to the Western Energy Company as required in the conditional approval of the Colstrip TSP plan. (18) In a letter dated March 28, 1986, the Governor submitted modifications to the Montana SIP which revised rules governing stack height and dispersion techniques. In a letter dated November 25, 1985, the Chief of the Air Quality Bureau, Montana, submitted the stack height demonstration analysis with supplemental information submitted on January 28, 1986. EPA is approving the demonstration analysis for all of the stacks except the ASARCO stacks. (i) Incorporation by reference. (A) Revisions to the Administrative Rules of Montana effective on June 13, 1986. The modifications repeal Administrative Rules of Montana (ARM 116.8.1201, 116.8.1202 and 16.8.1203 in Subchapter 12 and adds ARM 16.8.1204 (Definitions), 16.8.1205 (Requirements), and 16.8.1206 (Exemptions). (B) Stack height demonstration analysis submitted by the State on November 25, 1985 (except for materials pertaining to ASARCO), and January 28, 1986 (except for meterials pertaining to ASARCO and Appendix A). (19) On August 21, 1985 and September 5, 1989, the Governor of Montana submitted revisions to the plan. The submittal revised existing Prevention of Significant Deterioration (PSD) regulations. (i) Incorporation by reference. (A) Amendments to the Administrative Rules of Montana (ARM) 16.8.921 (27), (Definitions), effective April 1, 1983. (B) Amendments to the Administrative Rules of Montana (ARM) 16.8.921(2), (Definitions), effective September 13, 1985. (C) Amendments to the ARM 16.8.921(21) and (27) (Definitions), ARM 16.8.936 (Exemptions from Review], ARM 1 6.8.937 (Air Quality Models), and ARM 16.8.941 (Class I Variances—General), effective June 16, 1989. (ii) Additional material. (A) February 29, 1988 letter from Douglas Skie, EPA, to Jeffrey Chaffee, Chief of the Montana Air Quality Bureau. (B) September 9, 1988 letter from Jeffrey Chaffee, Chief of the Montana Air Quality Bureau, to Douglas Skie, EPA. (C) December 14, 1988 letter from Douglas Skie, EPA, to Jeffrey Chaffee, Chief of the Montana Air Quality Bureau. (D) April 28, 1989 letter from Jeffrey Chaffee, Chief of the Montana Air Quality Bureau, to Douglas Skie, EPA. (20) A revision to the SIP was submitted by the Governor on August 21, 1985, for visibility monitoring and new source review. (i) Incorporation by reference. (A) Revision to the Montana SIP was made on July 19, 1985, for visibility new source review and monitoring. (B) Revision to the Administrative Rules of Montana (ARM) was made on July 19, 1985, for visibility which includes new regulations ARM 16.8.1001–.1008 and revising ARM 16.8.1107(3). (21) Revisions to Montana TSP SIP for Butte were submitted by Governor Ted Schwinden on February 10, 1983. (i) Incorporation by reference. (A) State of Montana Air Quality Control, Implementation Plan, Chapter 5C, Butte, adopted January 14, 1983. (B) Air quality Permit #1749 for Anaconda Minerals Company filed March 28, 1983. (22) Revisions to the Montana CO SIP for Great Falls were submitted by the Governor on March 28, 1986. (i) Incorporation by reference. (A) Montana Refining Company permit dated October 20, 1985. (B) Stipulation in the matter of the Montana Refining Company dated December 2, 1985. (ii) Additional material. (A) Montana SIP, chapter 5(3)D. Great Falls (Date: March 14, 1986). (B) Pre-filed testimony by the Department of Health and Environmental Services dated February 28, 1986. (23) On March 9, 1988, the Governor submitted a plan revising the State's Air Quality Modeling Rule (16.8.937) and its Particulate Matter, Fuel Burning Equipment Rule (16.8.1402). (i) Incorporation by reference. (A) Modification to the State of Montana Air Quality Rules, that is the Air Quality Modeling rule (16.8.937) and the Particulate Matter, Fuel Burning Equipment rule (16.8.1402) adopted on January 15, 1988. (24) On July 13, 1990, the Governor of Montana submitted revisions to the Montana Air Quality Rules, Sub-chapter 9, Prevention of Significant Deterioration of Air Quality (PSD) Regulations, to incorporate the nitrogen dioxide (NO2) increments. (i) Incorporation by reference. (A) Revisions to the Montana Air Quality Rules, Subchapter 9, Prevention of Significant Deterioration of Air Quality (PSD) effective on July 12, 1990. (ii) Additional material. (A) October 22, 1990 letter from Douglas Skie, EPA, to Jeffrey Chaffee, Chief, Montana Air Quality Bureau. (B) December 4, 1990 letter from Jeffrey Chaffee, Chief, Montana Air Quality Bureau, to Douglas Skie, EPA. (C) January 4, 1991 letter from Jeffrey Chaffee, Chief, Montana Air Quality Bureau, to Douglas Skie, EPA. (D) April 30, 1991 letter from Douglas Skie, EPA, to Jeffrey Chaffee, Chief, Montana Air Quality Bureau. (25) On August 20, 1991, the Governor of Montana submitted revisions to the plan for new source performance standards and national emission standards for hazardous air pollutants. (i) Incorporation by reference. (A) Revisions to the Administrative Rules of Montana 16.8.1423, Standards of Performance of New Stationary Sources, and 16.8.1424, Emission Standards for Hazardous Air Pollutants, adopted July 1, 1991, effective July 12, 1991. (ii) Additional material. (A) Letter dated April 20, 1992 from Jeffrey T. Chaffee, Chief of the Montana Air Quality Bureau, to Doug Skie, Chief of Air Programs Branch, EPA Region VIII. (26) On April 2, 1992, the Governor of Montana submitted revisions to the plan. The revisions included amendments to the Montana Air Quality Rules incorporating the July 1, 1991, version of the Montana Quality Assurance Manual and streamlining of the procedure for updating the Quality Assurance Manual. (i) Incorporation by reference. (A) Revisions, as adopted March 31, 1992, to the Montana Air Quality Rules: 16.8.807 Ambient Air Monitoring, 16.8.809 Methods and Data, and the repeal of 16.8.810 Procedures for Reviewing and Revising the Montana Quality Assurance Manual. (27) On April 25, 1988, the Governor submitted a plan to help assure attainment and maintenance of the PM–10 NAAQS throughout the State of Montana. (i) Incorporation by reference. (A) Amendments to the Administrative Rules of Montana (ARM) 16.8.821 (Ambient Air Quality Standards), and ARM 16.8.701, ARM 16.8.806, and ARM 16.8.921 (Definitions), effective April 29, 1988. (B) Amendments to the ARM, subchapter 9 (Prevention of Significant Deterioration): sections 16.8.924, 16.8.925, and 16.8.936, effective April 29, 1988; section 16.8.937, effective March 11, 1988; section 16.8.930, effective April 1, 1988; and sections 16.8.922, 16.8.923, 16.8.926, 16.8.927, 16.8.928, 16.8.929, 16.8.931, 16.8.932, 16.8.933, 16.8.934, 16.8.935, 16.8.938, 16.8.939, 16.8.940, 16.8.941, 16.8.942, 16.8.943, effective January 1, 1983. (C) Amendments to the ARM, subchapter 10 (Visibility Impact Assessment): section 16.8.1007, effective April 29, 1988; and sections 16.8.1001, 16.8.1002, 16.8.1003, 16.8.1004, 16.8.1005, 16.8.1006, and 16.8.1008, effective March 11, 1988; section 16.8.930, effective September 13, 1985. (D) Amendments to the ARM, subchapter 12 (Stack Heights and Dispersion Techniques), sections 16.8.1204, 16.8.1205, and 16.8.1206, effective June 13, 1986. (E) Amendments to the ARM, subchapter 13 (Open Burning), sections 16.8.1301, 16.8.1302, 16.8.1303, 16.8.1304, 16.8.1305, 16.8.1306, 16.8.1307, and 16.8.1308, effective April 16, 1982. (F) Amendments to the ARM, subchapter 14 (Emission Standards): section 16.8.1401, effective February 16, 1979; section 16.8.1402, effective March 11, 1988; section 16.8.1403, effective September 5, 1975; section 16.8.1404, effective June 13, 1986; section 16.8.1406, effective December 29, 1978; section 16.8.1419, effective December 31, 1972; section 16.8.1423, effective March 11, 1988; and section 16.8.1428, effective June 13, 1986. (G) Amendments to the ARM, Sub-Chapter 16 (Combustion Device Tax Credit), sections 16.8.1601 and 16.8.1602, effective December 27, 1985. (H) Appendix G–2, Montana Smoke Management Plan, effective April 15, 1988. (28) On August 20, 1991, the Governor of Montana submitted revisions to the plan for visibility models, new source performance standards, and national emission standards for hazardous air pollutants. (i) Incorporation by reference. (A) Revisions to the Administrative Rules of Montana 16.8.1004, Visibility Models, 16.8.1423, Standards of Performance for New Stationary Sources, and 16.8.1424, Emission Standards for Hazardous Air Pollutants, effective December 25, 1992. (29) The Governor of Montana submitted a portion of the requirements for the moderate nonattainment area PM10 State Implementation Plan (SIP) for Butte, Montana with a letter dated July 9, 1992, with technical corrections dated May 17, 1993. The submittals were made to satisfy those moderate PM10 nonattainment area SIP requirements due for Butte on November 15, 1991. The Butte PM10 SIP replaces the prior approved Butte total suspended particulate (TSP) SIP approved in paragraph (c)(21). (i) Incorporation by reference. (A) Stipulation signed October 8, 1991 between the Montana Department of Health and Environmental Sciences and the Butte-Silver Bow Council of Commissioners, which delineates responsibilities and authorities between the two entities. (B) Board order issued on November 15, 1991 by the Montana Board of Health and Environmental Sciences approving the Butte-Silver Bow Air Pollution Control Program. (C) Stipulation between the Montana Department of Health and Environmental Sciences (signed September 27, 1991), the Montana Department of Transportation (signed October 4, 1991), and the Butte-Silver Bow Council of Commissioners (signed October 7, 1991) to ensure that Butte-Silver Bow and the Montana Department of Transportation comply with Butte-Silver Bow Council Resolution No. 1307. (D) Butte/Silver Bow Resolution No. 1307, effective March 6, 1991, which addresses sanding and chip sealing standards and street sweeping and flushing requirements. (E) Butte/Silver Bow Ordinance No. 330, effective August 3, 1988, which addresses residential wood burning and idling diesel vehicle and locomotive requirements. (ii) Additional material. (A) Montana Department of Health and Environmental Sciences Air Quality Permit #1636A, with a final modification date of October 26, 1991, for Rhone-Poulenc's elemental phosphorus plant. (B) Montana Department of Health and Environmental Sciences Air Quality Permit #1749–04, with a final modification date of March 20, 1992, for Montana Resources, Inc.'s open pit copper and molybdenum mine, crushing and milling operation and concentrator. (C) Montana Smoke Management Plan, effective April 28, 1988, which addresses prescribed burning requirements. (D) Federal tailpipe standards, which provide an ongoing benefit due to fleet turnover. (30) The Governor of Montana submitted a portion of the requirements for the moderate nonattainment area PM10 State Implementation Plan (SIP) for Missoula, Montana, and the Missoula City-County Air Pollution Control Program regulations with letters dated August 20, 1991 and June 4, 1992. The submittals were made to satisfy those moderate PM10 nonattainment area SIP requirements due for Missoula on November 15, 1991. (i) Incorporation by reference. (A) Stipulation signed April 29, 1991, between the Montana Department of Health and Environmental Sciences and the Missoula City-County Air Pollution Control Board, which delineates responsibilities and authorities between the two entities. (B) Board order issued on June 28, 1991, by the Montana Board of Health and Environmental Sciences approving the comprehensive revised version of the Missoula City-County Air Pollution Control Program. (C) Board order issued on March 20, 1992, by the Montana Board of Health and Environmental Sciences approving the amendments to Missoula City-County Air Pollution Control Program Rule 1401, concerning the use of approved liquid de-icer, and Rule 1428, concerning pellet stoves. (D) Missoula County Rule 1401 (7), effective June 28, 1991, which addresses sanding and chip sealing standards and street sweeping and flushing requirements. (E) Missoula County Rule 1401 (9), effective March 20, 1992, which addresses liquid de-icer requirements. (F) Missoula County Rule 1428, effective June 28, 1991, with revisions to sections (2)(l)-(p), (4)(a)(i), and (4)(c)(vi) of Rule 1428, effective March 20, 1992, which addresses requirements for solid fuel burning devices. (G) Missoula County Rule 1310 (3), effective June 28, 1991, which addresses prescribed wildland open burning. (H) Other Missoula City-County Air Pollution Control Program regulations effective June 28, 1991, as follows: Chapter I. Short Title; Chapter II. Declaration of Policy and Purpose; Chapter III. Authorities for Program; Chapter IV. Administration; Chapter V. Control Board, Meetings-Duties-Powers; Chapter VI. Air Quality Staff; Chapter VII. Air Pollution Control Advisory Council; Chapter VIII. Inspections; Chapter IX., Subchapter 7 General Provisions; Chapter IX., Subchapter 14, Emission Standards, Rules 1401, 1402, 1403, 1404, 1406 (with amendments effective March 20, 1992), 1411, 1419, 1425, and 1426; Chapter XI. Enforcement, Judicial Review and Hearings; Chapter XII. Criminal Penalties; Chapter XIII. Civil Penalties; Chapter XIV. Non-Compliance Penalties; Chapter XV. Separability Clause; Chapter XVI. Amendments and Revisions; Chapter XVII. Limitations, and Appendix A, Maps. (ii) Additional material. (A) Montana Department of Health and Environmental Sciences Air Quality Permit #2303-M, with a final modification date of March 20, 1992, for Louisiana-Pacific Corporation's particle board manufacturing facility. (B) Montana Department of Health and Environmental Sciences Air Quality Permit #2589-M, with a final modification date of January 23, 1992, for Stone Container Corporation's pulp and paper mill facility. (C) Federal tailpipe standards, which provide an ongoing benefit due to fleet turnover. (31) The Governor of Montana submitted a portion of the requirements for the moderate nonattainment area PM10 State Implementation Plan (SIP) for Columbia Falls, Montana with letters dated November 25, 1991, and May 6, 1992, with technical corrections dated June 15, 1993. The submittals were made to satisfy those moderate PM10 nonattainment area SIP requirements due for Columbia Falls on November 15, 1991. (i) Incorporation by reference. (A) Stipulation signed November 15, 1991, between the Montana Department of Health and Environmental Sciences, the Flathead County Commission, and the Kalispell City Council and the Columbia Falls City Council, which delineates responsibilities and authorities between the MDHES and Flathead County. (B) Board order issued on November 15, 1991, by the Montana Board of Health and Environmental Sciences approving the Flathead County Air Pollution Control Program. (C) Flathead County Board of Commissioners Resolution No. 867, adopting the Flathead County Air Pollution Control Program and Flathead County Air Pollution Control Regulations, with the exception of rules 501 through 506, signed October 3, 1991. (ii) Additional material. (A) Montana Department of Health and Environmental Sciences Air Quality Permit # 2667-M, with a final modification date of January 24, 1992, for Plum Creek Manufacturing, Inc. Columbia Falls Operations. (B) Montana Smoke Management Plan, effective April 28, 1988, which addresses prescribed burning requirements. (C) Federal tailpipe standards, which provide an ongoing benefit due to fleet turnover. (32) On November 6, 1992, Stan Stephens, the Governor of Montana, submitted a SIP revision to the Implementation Plan for the Control of Air Pollution. This revision establishes and requires the implementation of an oxygenated fuels program in Missoula County as required by section 211(m) of the Clean Air Act Amendments of 1990. (i) Incorporation by reference. (A) Missoula City-County Rule 1429, which establishes and requires the implementation of an oxygenated fuel program, as adopted June 9, 1992. (ii) Additional materials. (A) Letter dated November 6, 1992, from Governor Stan Stephens submitting the oxygenated gasoline program SIP revision. (B) Stipulation signed June 12, 1991 between the Montana Department of Health and Environmental Sciences and the Missoula City-County Air Pollution Control Board, which delineates the responsibilities and authorities between the two entities. (C) Board order issued September 25, 1992 by the Montana Board of Health and Environmental Sciences approving amendments to Missoula City-County Air Pollution Control Program, adopting Rule 1429 establishing and implementing an oxygenated fuels program. (33) The Governor of Montana submitted a portion of the requirements for the moderate nonattainment area PM10 State Implementation Plan (SIP) for Libby, Montana with letters dated November 25, 1991 and May 24, 1993, with technical corrections dated June 3, 1994. The submittals were to satisfy those moderate PM10 nonattainment area SIP requirements due for Libby on November 15, 1991. (i) Incorporation by reference. (A) Stipulation signed October 7, 1991 between the Montana Department of Health and Environmental Sciences (MDHES), the County of Lincoln and the City of Libby, which delineates responsibilities and authorities between the MDHES, Lincoln County and Libby. (B) Board order issued on November 15, 1991 by the Montana Board of Health and Environmental Sciences approving the Lincoln County Air Pollution Control Program. (C) Stipulation signed March 18, 1993 between the Montana Department of Health and Environmental Sciences, the County of Lincoln and the City of Libby, seeking approval of amendments to the local air pollution control program. (D) Board order issued on March 19, 1993 by the Montana Board of Health and Environmental Sciences approving amendments to the Lincoln County Air Pollution Control Program. (E) Letter dated February 4, 1993, from Kendra J. Lind, Lincoln County Department of Environmental Health, to Gretchen Bennitt, Air Quality Bureau, Montana Department of Health and Environmental Sciences, which explains the local adoption process and effective date of amendments to the Lincoln County Air Quality Control Program regulations. (F) Lincoln County Board of Commissioners Resolution No. 276, signed December, 23, 1992, and Libby City Council Ordinance No. 1470, signed February 1, 1993, adopting amendments to the Lincoln County Air Quality Control Program regulations 1 through 7. (ii) Additional material. (A) Montana Department of Health and Environmental Sciences Air Quality Permit #2627–M, with a final modification date of July 25, 1991, for Stimson Lumber Company (formerly Champion International Corporation), Libby Facility. (B) Montana Smoke Management Plan, effective April 28, 1988, which addresses prescribed burning requirements. (C) Federal tailpipe standards, which provide an ongoing benefit due to fleet turnover. (34) On October 19, 1992, the Governor of Montana submitted a plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program to be incorporated into the Montana State Implementation Plan as required by section 507 of the Clean Air Act. (i) Incorporation by reference. (A) Montana Code Annotated, Sections 75–2–106, 75–2–107, 75–2–108, 75–2–109 and 75–2–220, to establish and fund a small business stationary source technical and environmental compliance assistance program, effective April 24, 1993. (ii) Additional materials. (A) October 19, 1992 letter from the Governor of Montana submitting a Small Business Stationary Source Technical and Environmental Compliance Assistance Program plan to EPA. (B) The State of Montana plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted by the Board of Health and Environmental Sciences on September 25, 1992, effective September 25, 1992. (35) The Governor of Montana submitted PM10 and CO contingency measures for Missoula, Montana in a letter dated March 2, 1994. The Governor of Montana also submitted the Missoula City-County Air Pollution Control Program in a letter dated August 20, 1991, with amendments submitted in letters dated June 4, 1992 and March 2, 1994. The March 2, 1994 submittal satisfies several commitments made by the State in its original PM10 moderate nonattainment area SIP. (i) Incorporation by reference. (A) Board order issued on November 19, 1993 by the Montana Board of Health and Environmental Sciences approving the amendments to Missoula City-County Air Pollution Control Program Chapter VII, VIII, and IX, regarding, among other things, the PM10 and CO contingency measures, inspections, emergency procedures, permitting, and wood-waste burners. (B) Missoula City-County Chapter IX, Subchapter 3, effective November 19, 1993, which addresses the PM10 and CO contingency measure selection process. (C) Missoula City-County Rule 1401(7), effective November 19, 1993, which addresses PM10 contingency measure requirements for an expanded area of regulated road sanding materials. (D) Missoula City-County Rule 1428(5) and 1428(7), effective November 19, 1993, which addresses PM10 and CO contingency measure requirements for solid fuel burning devices. (E) Missoula City-County Air Pollution Control Program Chapter IX, Subchapter 13, Open Burning, effective June 28, 1991. (F) Other Missoula City-County Air Pollution Control Program regulations effective June 28, 1991, with amendments effective on March 20, 1992 and November 19, 1993, as follows: all portions of Chapter IX, Subchapter 11, Permit, Construction and Operation of Air Contaminant Sources, except, Rules 1102(3), 1105(2), and 1111(2). (G) Other Missoula City-County Air Pollution Control Program regulations effective June 28, 1991, with amendments effective on November 19, 1993, as follows: Chapter IX, Subchapter 4, Emergency Procedures and Chapter IX, Subchapter 14, Rule 1407, Prevention, Abatement and Control of Air Pollution from Wood-Waste Burners. (H) Minor revisions to Missoula City-County Air Pollution Control Program Chapter VII, Air Quality Advisory Council, and Chapter VIII, Inspections, effective on November 19, 1993, as follows: Chapter VII(1) and Chapter VIII(4). (36) The Governor of Montana submitted PM10 contingency measures for Butte, Montana in a letter dated August 26, 1994. This submittal also contained revisions to the attainment and maintenance demonstrations for the moderate PM10 nonattainment area SIP, due to modifications made to the Air Quality Permit for Montana Resources, Inc. (i) Incorporation by reference. (A) Board order issued on May 20, 1994 by the Montana Board of Health and Environmental Sciences approving the amendments to the Butte/Silver Bow Air Pollution Control Program regarding the PM10 contingency measure. (B) Butte/Silver Bow Ordinance No. 468, effective May 20, 1994, which addresses PM10 contingency measure requirements for liquid de-icer application. (ii) Additional material. (A) Montana Department of Health and Environmental Sciences Air Quality Permit #1749–05, as revised with a final modification date of January 5, 1994, for Montana Resources, Inc.'s open pit copper and molybdenum mine, crushing and milling operation, and concentrator. (37) The Governor of Montana submitted a State Implementation Plan (SIP) revision meeting the requirements for the primary SO2 NAAQS SIP for the East Helena, Montana nonattainment area with a letter dated March 30, 1994. The submittal was to satisfy those SO2 nonattainment area SIP requirements due for East Helena on May 15, 1992. The East Helena SO2 SIP revision submitted on March 30, 1994, supercedes the East Helena SO2 SIP approved in paragraph (c)(5) of this section and, effective after November 15, 1995, terminates the East Helena SO2 SIP approved in paragraph (c)(16) of this section. (i) Incorporation by reference. (A) Stipulation signed March 15, 1994, between the Montana Department of Health and Environmental Sciences (MDHES) and Asarco, Incorporated, which specifies SO2 emission limitations and requirements for the company's primary lead smelter located in East Helena, MT. (B) Board order issued on March 18, 1994, by the Montana Board of Health and Environmental Sciences approving and adopting the control strategy for achieving and maintaining the primary SO2 NAAQS in the East Helena area. (38) [Reserved] (39) On May 17, 1994, the Governor of Montana submitted revisions to the Administrative Rules of Montana (ARM) regarding nonattainment new source review, prevention of significant deterioration, general construction permitting, wood waste burners, source test methods, new source performance standards, and national emission standards for hazardous air pollutants. Also, the Governor requested that all existing State regulations approved in the SIP be replaced with the October 1, 1979 codification of the ARM as in effect on March 30, 1994. EPA is replacing all of the previously approved State regulations, except ARM 16.8.1302 and 16.8.1307, with those regulations listed in paragraph (c)(39)(i)(A) of this section. ARM 16.8.1302 and 16.8.1307, as in effect on April 16, 1982 and as approved by EPA at 40 CFR 52.1370(c)(11), will remain part of the SIP. (i) Incorporation by reference. (A) Administrative Rules of Montana (ARM) Sections 16.8.201–202, 16.8.301–304, and 16.8.401–404, effective 12/31/72; Section 16.8.701, effective 12/10/93; Section 16.8.704, effective 2/14/87; Section 16.8.705, effective 6/18/82; Section 16.8.707, effective 9/13/85; Sections 16.8.708–709, effective 12/10/93; Sections 16.8.945–963, effective 12/10/93; Sections 16.8.1001–1003, effective 9/13/85; Section 16.8.1004, effective 12/25/92; Sections 16.8.1005–1006, effective 9/13/85; Section 16.8.1007, effective 4/29/88; Section 16.8.1008, effective 9/13/85; Section 16.8.1101, effective 6/16/89; Section 16.8.1102, effective 2/14/87; Section 16.8.1103, effective 6/16/89; Section 16.8.1104, effective 3/16/79; Section 16.8.1105, effective 12/27/91; Sections 16.8.1107 and 16.8.1109, effective 12/10/93; Sections 16.8.1110–1112. effective 3/16/79; Section 16.8.1113, effective 2/14/87; Section 16.8.1114, effective 12/10/93; Sections 16.8.1115, 16.8.1117, and 16.8.1118, effective 3/16/79; Sections 16.8.1119–1120, effective 12/10/93; Sections 16.8.1204–1206, effective 6/13/86; Sections 16.8.1301 and 16.8.1303, effective 4/16/82; Section 16.8.1304, effective 9/11/92; Section 16.8.1305, effective 4/16/82; Section 16.8.1306, effective 4/1/82; Section 16.8.1308, effective 10/16/92; Section 16.8.1401, effective 10/29/93; Section 16.8.1402, effective 3/11/88; Section 16.8.1403, effective 9/5/75; Section 16.8.1404, effective 6/13/86; Section 16.8.1406, effective 12/29/78; Section 16.8.1407, effective 10/29/93; Section 16.8.1411, effective 12/31/72; Section 16.8.1412, effective 3/13/81; Section 16.8.1413, effective 12/31/72; Section 16.8.1419, effective 12/31/72; Sections 16.8.1423, 16.8.1424, and 16.8.1425 (except 16.8.1425(1)(c) and (2)(d)), effective 10/29/93; Section 16.8.1426, effective 12/31/72; Sections 16.8.1428–1430, effective 10/29/93; Section 16.8.1501, effective 2/10/89; Section 16.8.1502, effective 2/26/82; Section 16.8.1503, effective 2/10/89; Sections 16.8.1504–1505, effective 2/26/82; Sections 16.8.1701–1705, effective 12/10/93; and Sections 16.8.1801–1806, effective 12/10/93. (40) The Governor of Montana submitted a PM10 plan for Kalispell, Montana in a letter dated November 25, 1991. The Governor of Montana later submitted additional materials in letters dated January 11, 1994, August 26, 1994, and July 18, 1995. The August 26, 1994, and July 18, 1995 submittals also contain the Kalispell Contingency Measure Plan. The August 26, 1994, submittal also contains the Columbia Falls PM10 contingency measures and minor revisions to the attainment and maintenance demonstrations for the moderate PM10 nonattainment area SIP for Columbia Falls. Finally, the August 26, 1994, submittal contains revisions to the Flathead County Air Pollution Control Program regulations. (i) Incorporation by reference. (A) Stipulations signed September 15, 1993 between the Montana Department of Health and Environmental Sciences and the following industries: A–1 Paving; Equity Supply Company; Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; and Montana Mokko. (B) Stipulations signed September 17, 1993 between the Montana Department of Health and Environmental Sciences and the following industries: Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc. (Evergreen). (C) Board Order issued on September 17, 1993, by the Montana Board of Health and Environmental Sciences enforcing emissions limitations specified by stipulations signed by both the Montana Department of Health and Environmental Services and participating facilities. The participating facilities included: A–1 Paving; Equity Supply Company; Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc. (Evergreen). (D) Flathead County Board of Commissioners Resolution No. 867B, dated April 4, 1994, adopting the Flathead County Air Pollution Control Program. (E) Board Order issued May 20, 1994, by the Montana Board of Health and Environmental Sciences approving the Flathead County Air Pollution Control Program. (F) Flathead County Air Pollution Control Program, including all regulations found in Chapter VIII, Sub-Chapters 1–6, effective May 20, 1994. (ii) Additional material. (A) Montana Smoke Management Plan, effective April 28, 1988, which addresses prescribed burning requirements. (B) Federal tailpipe standards, which provide an ongoing benefit due to fleet turnover. (41) The Governor of Montana submitted revisions to the Missoula City-County Air Pollution Control Program in a letter dated March 3, 1995. In addition, the March 3, 1995 submittal satisfies the one remaining commitment made by the State in its original PM10 moderate nonattainment area SIP. (i) Incorporation by reference. (A) Board order issued on September 16, 1994 by the Montana Board of Health and Environmental Sciences approving the amendments to Missoula City-County Air Pollution Control Program Chapters IX and XVI regarding, among other things, emergency procedures, paving of private roads, driveways, and parking lots, National standards of performance for new stationary sources, National Emission Standards for Hazardous Air Pollutants, and solid fuel burning devices. (B) Missoula City-County Rule 401, Missoula County Air Stagnation Plan, effective September 16, 1994. (C) Missoula City-County Rule 1401, Prevent Particulate Matter from Being Airborne, effective September 16, 1994. (D) Missoula City-County Rule 1423, Standard of Performance for New Stationary Sources, effective September 16, 1994. (E) Missoula City-County Rule 1424, Emission Standards for Hazardous Air Pollutants, effective September 16, 1994. (F) Missoula City-County Rule 1428, Solid Fuel Burning Devices, effective September 16, 1994. (G) Missoula City-County Air Pollution Control Program Chapter XVI, Amendments and Revisions, effective September 16, 1994. (42) On May 22, 1995, the Governor of Montana submitted revisions to the prevention of significant deterioration regulations in the Administrative Rules of Montana to incorporate changes in the Federal PSD permitting regulations for PM–10 increments. (i) Incorporation by reference (A) Revisions to the Administrative Rules of Montana (ARM), rules 16.8.945(3)(c), 16.8.945(21)(d), 16.8.945(24)(d), 16.8.947(1), 16.8.953(7)(a), and 16.8.960(4), effective 10/28/94. (43) On May 22, 1995, the Governor of Montana submitted revisions to the plan, which included revisions to the State's open burning regulation and other minor administrative revisions. (i) Incorporation by reference. (A) Revisions to the Administrative Rules of Montana (ARM), 16.8.1301–1310, effective September 9, 1994; and (B) Revisions to the ARM, 16.8.708, 16.8.946, 16.8.1120, 16.8.1429, 16.8.1702, 16.8.1802, and 16.8.2003, effective October 28, 1994. (44) The Governor of Montana submitted PM10 contingency measures and a recodification of the local regulations for Libby, Montana in a letter dated March 15, 1995. In addition, the Governor of Montana submitted revisions to the local open burning regulations and other minor administrative amendments on May 13, 1996. (i) Incorporation by reference. (A) Board order issued on December 16, 1994 by the Montana Board of Health and Environmental Sciences adopting stipulation of the Montana Department of Health and Environmental Sciences and Stimson Lumber Company. (B) Board order issued December 16, 1994 by the Montana Board of Health and Environmental Sciences adopting the PM10 contingency measures as part of the Libby air pollution control program. (C) Board order issued on February 1, 1996 by the Montana Board of Environmental Review approving amendments to the Libby Air Pollution Control Program. (D) Lincoln Board of Commissioners Resolution No. 377, signed September 27, 1995, and Libby City Council Ordinance No. 1507, signed November 20, 1995, adopting revisions to the Lincoln County Air Pollution Control Program, Sections 75.1.103 through 75.1.719. (E) Lincoln County Air Pollution Control Program, Sections 75.1.101 through 75.1.719, effective December 21, 1995. (45) [Reserved] (46) The Governor of Montana submitted sulfur dioxide SIP revisions for Billings/Laurel on September 6, 1995, August 27, 1996, April 2, 1997 and July 29, 1998. On March 24, 1999, the Governor submitted a commitment to revise the SIP. (i) Incorporation by Reference. (A) Board Order issued on June 12, 1998, by the Montana Board of Environmental Review adopting and incorporating the stipulation of the Montana Department of Environmental Quality and Cenex Harvest Cooperatives, including the stipulation and exhibit A and attachments to exhibit A, except for the following: (1) Paragraph 20 of the stipulation; (2) Section 3(A)(1)(d) of exhibit A; (3) The following phrase from section 3(B)(2) of exhibit A: “except that those sour water stripper overheads may be burned in the main crude heater (and exhausted through the main crude heater stack) or in the flare during periods when the FCC CO boiler is unable to burn the sour water stripper overheads from the “old” SWS, provided that such periods do not exceed 55 days per calendar year and 65 days for any two consecutive calendar years.”; (4) Section 4(B) of exhibit A; (5) Section 4(D) of exhibit A; and (6) Method #6A of attachment #2 of exhibit A. (B) Board Order issued on June 12, 1998, by the Montana Board of Environmental Review adopting and incorporating the stipulation of the Montana Department of Environmental Quality and Conoco, Inc., including the stipulation and exhibit A and attachments to exhibit A, except for paragraph 20 of the stipulation. (C) Board Order issued on June 12, 1998, by the Montana Board of Environmental Review adopting and incorporating the stipulation of the Montana Department of Environmental Quality and Exxon Company, USA, including the stipulation and exhibit A and attachments to exhibit A, except for the following: (1) Paragraphs 1 and 22 of the stipulation; (2) Section 2(A)(11)(d) of exhibit A; (3) Sections 3(A)(1) and (2) of exhibit A; (4) Sections 3(B)(1), (2) and (3) of exhibit A; (5) The following phrase from section 3(E)(4) of exhibit A: “except that the sour water stripper overheads may be burned in the F–1 Crude Furnace (and exhausted through the F–2 Crude/Vacuum Heater stack) or in the flare during periods when the FCC CO Boiler is unable to burn the sour water stripper overheads, provided that: (a) such periods do not exceed 55 days per calendar year and 65 days for any two consecutive calendar years, and (b) during such periods the sour water stripper system is operating in a two tower configuration.”; (6) Sections 4(B), (C), and (E) of exhibit A; (7) Section 6(B)(3) of exhibit A; and (8) method #6A of attachment #2 of exhibit A. (D) Board Order issued on June 12, 1998, by the Montana Board of Environmental Review adopting and incorporating the stipulation of the Montana Department of Environmental Quality and Montana Power Company, including the stipulation and exhibit A and attachments to exhibit A, except for paragraph 20 of the stipulation. (E) Board Order issued on June 12, 1998, by the Montana Board of Environmental Review adopting and incorporating the stipulation of the Montana Department of Environmental Quality and Montana Sulphur & Chemical Company, including the stipulation and exhibit A and attachments to the exhibit A, except for paragraphs 1, 2 and 22 of the stipulation, and sections 3(A)(1)(a) and (b), 3(A)(3), 3(A)(4) and 6(B)(3) of exhibit A. (EPA is approving section 3(A)(2) of exhibit A for the limited purpose of strengthening the SIP. In 40 CFR 52.1384(d)(2), we are also disapproving section 3(A)(2) of exhibit A because section 3(A)(2) does not fully meet requirements of the Clean Air Act.) (F) Board Order issued on June 12, 1998, by the Montana Board of Environmental Review adopting and incorporating the stipulation of the Montana Department of Environmental Quality and Western Sugar Company, including the stipulation and exhibit A and attachments to exhibit A, except for paragraph 20 of the stipulation. (G) Board Order issued on June 12, 1998, by the Montana Board of Environmental Review adopting and incorporating the stipulation of the Montana Department of Environmental Quality and Yellowstone Energy Limited Partnership, including the stipulation and exhibit A and attachments to exhibit A, except for paragraph 20 of the stipulation and section 3(A)(1) through (3) of exhibit A. (ii) Additional material. (A) All portions of the September 6, 1995 Billings/Laurel SO2 SIP submittal other than the board orders, stipulations, exhibit A's and attachments to exhibit A's. (B) All portions of the August 27, 1996 Billings/Laurel SO2 SIP submittal other than the board orders, stipulations, exhibit A's and attachments to exhibit A's. (C) All portions of the April 2, 1997 Billings/Laurel SO2 SIP submittal other than the board orders, stipulations, exhibit A's and attachments to exhibit A's. (D) All portions of the July 29, 1998 Billings/Laurel SO2 SIP submittal, other than the following: The board orders, stipulations, exhibit A's and attachments to exhibit A's, and any other documents or provisions mentioned in paragraph (c)(46)(i) of this section. (E) April 28, 1997 letter from Mark Simonich, Director, Montana Department of Environmental Quality, to Richard R. Long, Director, Air Program, EPA Region VIII. (F) January 30, 1998 letter from Mark Simonich, Director, Montana Department of Environmental Quality, to Richard R. Long, Director, Air Program, EPA Region VIII. (G) August 11, 1998 letter from Mark Simonich, Director, Montana Department of Environmental Quality, to Kerrigan G. Clough, Assistant Regional Administrator, EPA Region VIII. (H) September 3, 1998 letter from Mark Simonich, Director, Montana Department of Environmental Quality, to Richard R. Long, Director, Air Program, EPA Region VIII. (I) March 24, 1999 commitment letter from Marc Racicot, Governor of Montana, to William Yellowtail, EPA Regional Administrator. (J) May 20, 1999 letter from Mark Simonich, Director, Montana Department of Environmental Quality, to Richard R. Long, Director, Air and Radiation Program, EPA Region VIII. (47) On August 26, 1999, the Governor of Montana submitted Administrative Rules of Montana Sub-Chapter 13, “Conformity” that incorporates conformity consultation requirements implementing 40 CFR Part 93, Subpart A into State regulation. (i) Incorporation by reference. (A) Administrative Rules of Montana 17.8.1301, 17.8.1305, 17.8.1306, 17.8.1310 through 17.8.1313, effective June 4, 1999; and 17.8.1304 effective August 23, 1996. (48) The Governor of Montana submitted revisions to the Missoula County Air Quality Control Program with a letter dated November 14, 1997. The revisions address general definitions, open burning, and criminal penalties. (i) Incorporation by reference. (A) Board order issued on October 31, 1997 by the Montana Board of Environmental Review approving the amendments to Missoula County Air Quality Control Program Chapters IX and XII regarding general definitions, open burning, and criminal penalties. (B) Missoula County Air Quality Control Program, Chapter IX, Rule 701, General Definitions, effective October 31, 1997. (C) Missoula County Air Quality Control Program, Chapter IX, Rules 1301–1311, regarding open burning, effective October 31, 1997. (D) Missoula County Air Quality Control Program, Chapter XII, Criminal Penalties, effective October 31, 1997. (49) On September 19, 1997, December 10, 1997, April 14, 1999, December 6, 1999 and March 3, 2000, the Governor submitted a recodification and revisions to the Administrative Rules of Montana. EPA is replacing in the SIP all of the previously approved Montana air quality regulations except that the Kraft Pulp Mill Rule, ARM 16.8.1413, effective December 31, 1972, and Stack Heights and Dispersion Techniques Rule, ARM 16.8.1204–1206, effective June 13, 1986, with those regulations listed in paragraph (c)(49)(i)(A) of this section. The Kraft Pulp Mill Rule, ARM 16.8.1413, effective December 31, 1972, and Stack Heights and Dispersion Techniques Rule, ARM 16.8.1204–1206, effective June 13, 1986 remain a part of the SIP. In addition, the Governor submitted Yellowstone County's Local Regulation No. 002—Open Burning. (i) Incorporation by reference. (A) Administrative Rule of Montana (ARM) Table of Contents; section 17.8.101, effective 6/26/98; sections 17.8.102–103, effective 10/8/99; section 17.8.105, effective 8/23/96; section 17.8.106, effective 10/8/99, sections 17.8.110–111, effective 8/23/96; sections 17.8.130–131, effective 8/23/96; sections 17.8.140–142, effective 8/23/96; section 17.8.301, effective 8/23/96; section 17.8.302, effective 10/8/99; section 17.8.304 (excluding 17.8.304(4)(f)), effective 8/23/96; section 17.8.308, effective 8/23/96; section 17.8.309 (excluding 17.8.309(5)(b)), effective 8/23/96; section 17.8.310 (excluding 17.8.310(3)(e)), effective 8/23/96; section 17.8.316, effective 8/23/96; section 17.8.320, effective 8/23/96; sections 17.8.322–323, effective 8/23/96; section 17.8.324 (excluding 17.8.324(1)(c) and (2)(d)), effective 8/23/96; sections 17.8.325–326, effective 8/23/96; sections 17.8.330–334, effective 8/23/96; section 17.8.601, effective 7/23/99; section 17.8.602, effective 9/9/97; sections 17.8.604–605, effective 8/23/96; section 17.8.606, effective 7/23/99; sections 17.8.610–613, effective 7/23/99; section 17.8.614–615, effective 8/23/96; section 17.8.701 (excluding 17.8.701(10)), effective 8/23/96; section 17.8.702 (excluding 17.8.702(1)(f)), effective 9/9/97; section 17.8.704, effective 8/23/96; section 17.8.705 (excluding 17.8.705(1)(q)) effective 8/23/96; sections 17.8.706–707, effective 8/23/96; section 17.8.710, effective 8/23/96; sections 17.8.715–717, effective 8/23/96; section 17.8.720, effective 8/23/96; sections 17.8.730–732, effective 8/23/96; section 17.8.733 (excluding 17.8.733(1)(c)), effective 8/23/96; section 17.8.734, effective 8/23/96; section 17.8.801, effective 6/26/98; section 17.8.802, effective 9/9/97; sections 17.8.804–809, effective 8/23/96; sections 17.8.818–828, effective 8/23/96; section 17.8.901, effective 6/26/98; section 17.8.902, effective 9/9/97; sections 17.8.904–906, effective 8/23/96; section 17.8.1001, effective 8/23/96; section 17.8.1002, effective 9/9/97; sections 17.8.1004–1007, effective 8/23/96; section 17.8.1101, effective 8/23/96; section 17.8.1102, effective 9/9/97; section 17.8.1103, effective 8/23/96; and sections 17.8.1106–1111, effective 8/23/96. (B) April 27, 2000 letter from Debra Wolfe, Montana Department of Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection Agency, Region 8. (C) Board Order issued on September 24, 1999, by the Montana Board of Environmental Review approving the Yellowstone County Air Pollution Control Program. (D) Yellowstone County Air Pollution Control Program, Regulation No. 002 Open Burning, effective September 24, 1999. (E) March 6, 2001 letter from Robert Habeck, Montana Department of Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the effective date of the Yellowstone County Air Pollution Control Program Regulation No. 002 Open Burning. (ii) Additional Material. (A) April 5, 2000 letter from Debra Wolfe, Montana Department of Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection Agency, Region 8. (B) February 14, 2001 letter from Don Vidrine, Montana Department of Environmental Quality, to Dick Long, U.S. Environmental Protection Agency, Region 8. (50) On February 9, 2001, the Governor of Montana submitted revisions to Montana's Emergency Episode Avoidance Plan and Cascade County Air Pollution Control Program Regulation Chapter 7, Open Burning. (i) Incorporation by reference. (A) Board Order issued on October 16, 2000, by the Montana Board of Environmental Review approving the Cascade County Air Pollution Control Program. (B) Cascade County Air Pollution Control Program, Regulation Chapter 7, Open Burning, effective October 16, 2000. (C) March 16, 2001 letter from Debra Wolfe, Montana Department of Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the effective date of the Cascade County Air Pollution Control Program Regulation Chapter 7, Open Burning. (51) The Governor of Montana submitted the East Helena Lead SIP revisions with letters dated August 16, 1995, July 2, 1996, and October 20, 1998. The revisions address regulating lead emission from Asarco, American Chemet and re-entrained road dust from the streets of East Helena. The revisions supersede the Lead Plan submitted to EPA on September 29, 1983 (see paragraph (c)(15) of this section). (i) Incorporation by Reference. (A) Board order issued on August 28, 1998, by the Montana Board of Environmental Review adopting and incorporating the August 13, 1998 stipulation of the Montana Department of Environmental Quality and Asarco. (B) Board order issued on June 26, 1996, by the Montana Board of Environmental Review adopting and incorporating the June 11, 1996 stipulation of the Montana Department of Environmental Quality and Asarco including exhibit A and attachments to the stipulation, excluding paragraphs 15 and 16 of the stipulation, and excluding the following: (1) The words, “or an equivalent procedure” in the second and third sentences in section 2(A)(22) of exhibit A; (2) The words, “or an equivalent procedure” in the second and third sentences in section 2(A)(28) of exhibit A; (3) The words, “or an equivalent procedure” in the second sentence in section 5(G) of exhibit A; (4) The sentence, “Any revised documents are subject to review and approval by the Department as described in section 12,” from section 6(E) of exhibit A; (5) The words, “or a method approved by the Department in accordance with the Montana Source Testing Protocol and Procedures Manual shall be used to measure the volumetric flow rate at each location identified,” in section 7(A)(2) of exhibit A; (6) The sentence, “Such a revised document shall be subject to review and approval by the Department as described in section 12,” in section 11(C) of exhibit A; (7) The sentences, “This revised Attachment shall be subject to the review and approval procedures outlined in section 12(B). The Baghouse Maintenance Plan shall be effective only upon full approval of the plan, as revised. This approval shall be obtained from the Department by January 6, 1997. This deadline shall be extended to the extent that the Department has exceeded the time allowed in section 12(B) for its review and approval of the revised document,” in section 12(A)(7) of exhibit A; (8) Section 12(B) of exhibit A. (C) Board order issued on August 4, 1995, by the Montana Board of Environmental Review adopting and incorporating the June 30, 1995 stipulation of the Montana Department of Environmental Quality and American Chemet including exhibit A to the stipulation, excluding paragraph 20 of the stipulation. (ii) Additional material. (A) All portions of the August 16, 1995 East Helena Pb SIP submitted other than the orders, stipulations and exhibit A's and attachments to the stipulations. (B) All portions of the July 2, 1996 East Helena Pb SIP submitted other than the orders, stipulations and exhibit A's and attachments to the stipulations. (C) All portions of the October 20, 1998 East Helena Pb SIP submitted other than the orders, stipulations and exhibit A's and attachments to the stipulations. (D) November 16, 1999 letter from Art Compton, Division Administrator, Planning, Prevention and Assistance Division, Montana Department of Environmental Quality, to Richard R. Long, Director, Air and Radiation Program, EPA Region VIII. (E) September 9, 1998 letter from Richard A. Southwick, Point Source SIP Coordinator, Montana Department of Environmental Quality, to Richard R. Long, Director, Air and Radiation Program, EPA Region VIII. (52) The Governor of Montana submitted sulfur dioxide (SO2) SIP revisions for Billings/Laurel on July 29, 1998 and May 4, 2000. EPA is approving some of the provisions of the July 29, 1998 submittal that it did not approve before. The May 4, 2000 submittal revises some previously approved provisions of the Billings/Laurel SO2 SIP and adds new provisions. (i) Incorporation by reference. (A) Sections 3(B)(2) and 4(D) (excluding “or the flare” and “or in the flare” in both sections), 3(A)(1)(d) and 4(B) of Cenex Harvest States Cooperatives' exhibit A to the stipulation between the Montana Department of Environmental Quality and Cenex Harvest States Cooperatives, adopted June 12, 1998 by Board Order issued by the Montana Board of Environmental Review. (B) Board Order issued March 17, 2000 by the Montana Board of Environmental Review adopting and incorporating the February 14, 2000 stipulation between the Montana Department of Environmental Quality and Cenex Harvest States Cooperatives. This stipulation revises attachment #2 to Cenex Harvest States Cooperatives' exhibit A to require the use of method #6A–1. (C) Sections 3(E)(4) and 4(E) (excluding “or in the flare” and “or the flare” in both sections), 3(A)(2), 3(B)(2), 3(B)(3), 4(B) and 6(B)(3) of Exxon's exhibit A to the stipulation between the Montana Department of Environmental Quality and Exxon, adopted June 12, 1998 by Board Order issued by the Montana Board of Environmental Review. (D) Board Order issued March 17, 2000, by the Montana Board of Environmental Review adopting and incorporating the February 14, 2000 stipulation between the Montana Department of Environmental Quality and Exxon Mobil Corporation. The stipulation adds the following to Exxon Mobil Corporation's exhibit A: method #6A–1 of attachment #2 and sections 2(A)(11)(d), 4(C), 7(B)(1)(j) and 7(C)(1)(l). The stipulation revises the following sections of Exxon Mobil Corporation's exhibit A: 3 (introductory text only), 3(A) (introductory text only), 3(A)(1), 3(B) (introductory text only), 3(B)(1), 3(E)(3), 6(B)(7), 7(B)(1)(d), 7(C)(1)(b), 7(C)(1)(d), and 7(C)(1)(f). (E) Board Order issued on March 17, 2000, by the Montana Board of Environmental Review adopting and incorporating the February 14, 2000 stipulation between the Montana Department of Environmental Quality and Yellowstone Energy Limited Partnership (YELP). The stipulation revises the following sections of YELP's exhibit A: sections 3(A)(1) through (3) and 7(C)(1)(b). (53) The Governor of Montana submitted minor revisions to Asarco's control strategy in the East Helena Lead SIP on November 27, 2000. (i) Incorporation by reference. (A) Board order issued on September 15, 2000, by the Montana Board of Environmental Review adopting and incorporating the stipulation of the Montana Department of Environmental Quality and Asarco dated July 18, 2000. The July 18, 2000 stipulation revises the following sections in the previously adopted exhibit A to the stipulation: 1(B(4), 1(B)(5), 3(A)(3), 3(A)(4), 3(A)(12)(a), 3(A)(12)(i), 3(A)(12)(m), 3(A)(12)(o), 3(A)(12)(p), 3(A)(12)(q), 3(A)(12)(r), 3(A)(16)(a), 5(D)(1), 5(D)(2), 5(G)(4), 8(A),(2), 8(A)(3), 9(B)(2), and 9(B)(3). These revisions, which became effective on September 15, 2000, replace the same-numbered sections in previously approved SIP revisions. (54) The Governor of Montana submitted revisions to the Missoula City-County Air Pollution Control Program with a letter dated April 30, 2001. The revisions completely replace the previous version of the program regulations in the SIP. (i) Incorporation by reference. (A) November 17, 2000 Montana Board of Environmental Review order approving revisions to the Missoula City-County Air Pollution Control Program regulations. (B) Missoula City-County Air Pollution Control Program regulations as follows: Chapter 1, Program Authority and Administration; Chapter 2, Definitions; Chapter 3, Failure To Attain Standards; Chapter 4, Missoula County Air Stagnation and Emergency Episode Avoidance Plan; Chapter 5, General Provisions, Rules 5.101–5.103, 5.105–5.106, and 5.112; Chapter 6, Standards for Stationary Sources, Subchapter 1, Air Quality Permits for Air Pollutant Sources, Rules 6.101–6.103 and 6.105–6.109, Subchapter 5, Emission Standards, Rules 6.501–6.504, Subchapter 6, Incinerators, Rules 6.601–6.604, and Subchapter 7, Wood Waste Burners, Rules 6.701–6.703; Chapter 7, Outdoor Burning; Chapter 8, Fugitive Particulate; Chapter 9, Solid Fuel Burning Devices; Chapter 10, Fuels; Chapter 11, Motor Vehicles; Chapter 14, Enforcement and Administrative Procedures; Chapter 15, Penalties; Appendix A, Maps; Appendix B, Missoula's Emergency Episode Avoidance Plan Operations and Procedures; and Appendix D, Oxygenated Fuels Program Sampling Requirements for Blending Facilities, effective November 17, 2000. (55) On April 30, 2001, May 21, 2001 and December 20, 2001, the Governor of Montana submitted revisions to the Administrative Rules of Montana. The State revised its Incorporation by Reference Rules and repealed a Sulfur Oxide Emissions—Primary Copper Smelter rule (ARM 17.8.323). ARM 17.8.323, last incorporated by reference at 40 CFR 52.1370(c)(49)(i)(A), is removed from the SIP. (i) Incorporation by reference. (A) Administrative Rules of Montana (ARM) sections 17.8.102(1)(a), (b), (c) and (d), effective 8/10/01; 17.8.103(1)(m), (n), (o), and (p), effective 8/10/01; 17.8.302(1)(d), (e) and (f), effective 8/10/01; 17.8.602(1) and (2), effective 8/10/01; 17.8.702(1)(g), effective 8/10/01; 17.8.902(1)(e), effective 8/10/01; and 17.8.1002(1)(e), effective 8/10/01. (56) On August 26, 1999, the Governor of Montana submitted Administrative Rules of Montana Sub-Chapter 14, “Conformity of General Federal Actions” that incorporates conformity of general federal actions to state or federal implementation plans, implementing 40 CFR part 93, subpart B into State regulation. (i) Incorporation by reference. (A) Administrative Rules of Montana 17.8.1401, and 17.8.1402 effective June 4, 1999. (57) [Reserved] (58) On April 30, 2001, the Governor of Montana submitted a request to add a credible evidence rule to the Administrative Rules of Montana (ARM). ARM 17.8.132—“Credible Evidence” has been approved into the SIP. (i) Incorporation by reference. (A) ARM 17.8.132 effective December 8, 2000. (59) On October 28, 2002, the Governor of Montana submitted revisions to the Administrative Rules of Montana (ARM). The State revised its Incorporation by Reference rules (ARM 17.8.102, 17.8.302) and revised the definition of volatile organic compounds to incorporate by reference the federal regulation (ARM 17.8.101, 17.8.801, 17.8.901). Additional minor changes were made to ARM 17.8.401, 17.8.1005 and the Yellowstone County Air Pollution Control Program Regulation No. 002. (i) Incorporation by reference. (A) Administrative Rules of Montana (ARM) sections 17.8.101(41), 17.8.102(a) and (d), 17.8.302(1)(f), 17.8.401(1)(b)(v), 17.8.801(29), 17.8.901(20) and 17.8.1005(6), effective 6/28/02. (B) Yellowstone County Air Pollution Control Program, Regulation No. 002, (H)(4)(b)(i), effective June 7, 2002. (60) On June 26, 1997, the Governor of Montana submitted the Thompson Falls Air Pollution Control Plan and on June 13, 2000, the Governor submitted revisions to the June 26, 1997, submittal. On February 28, 1999, the Governor of Montana withdrew all chapters of the Thompson Falls Air Pollution Control Plan submitted on June 26, 1997, except chapters 45.2, 45.10.10, and 45.10.12. EPA is approving sections 45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air Pollution Control Plan. (i) Incorporation by reference. (A) Board Order issued June 20, 1997, by the Montana Board of Environmental Review, as reprinted in section 45.2.2 of the Thompson Falls Air Pollution Control Plan. The Board Order adopts and incorporates the May 1997 Maintenance Agreement Between the City of Thompson Falls, Montana Department of Transportation, and Montana Department of Environmental Quality which contains the control plan for the attainment and maintenance of the PM–10 National Ambient Air Quality Standards in the Thompson Falls area. (B) May 1997 Maintenance Agreement between the City of Thompson Falls, Montana Department of Transportation, and Montana Department of Environmental Quality, as reprinted in section 45.2.1 of the Thompson Falls Air Pollution Control Plan. (ii) Additional Material. (A) Sections 45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air Pollution Control Plan. (61) Revisions to State Implementation Plan were submitted by the State of Montana on August 20, 2003. The revisions modify definitions and references to federal regulations and other materials in the Administrative Rules of Montana (ARM). The revisions also delete the definition at ARM 17.8.101(43). (i) Incorporation by reference. (A) Administrative Rules of Montana (ARM) sections: ARM 17.8.101(2), (8), (9), (12), (19), (20), (22), (23), (30), and (36); 17.8.102; 17.8.103(1); 17.8.110(2); 17.8.302(1); 17.8.801(1), (3), (4), (6), (20), (21), (22), (24), (27) and (28); 17.8.802(1); 17.8.818(2), (3) and (6); 17.8.819(3); 17.8.821; 17.8.901(1), (11), (12) and (14); 17.8.902(1); 17.8.905(1)(c); and 17.8.1002(1) effective April 11, 2003. (62) Revisions to State Implementation Plan were submitted by the State of Montana on August 25, 2004. The revisions correct internal references to state documents; correct references to, or update citations of, Federal documents; and make minor editorial changes. (i) Incorporation by reference. (A) Administrative Rules of Montana (ARM) sections: ARM 17.8.130; 17.8.320(9); 17.8.801(22); 17.8.819; and 17.8.822, effective April 9, 2004. [37 FR 10877, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1370, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1371 Classification of regions. top The Montana Emergency Episode Avoidance Plan was revised with an August 2, 2004 submittal by the Governor. The August 2, 2004 Emergency Episode Avoidance Plan classified the Air Quality Control Regions (AQCR) as follows: -------------------------------------------------------------------------------------------------------------------------------------------------------- Pollutant ------------------------------------------------------------------------------------ Air quality control regions (AQCR) Particulate Nitrogen matter Sulfur oxide dioxide Carbon monoxide Ozone -------------------------------------------------------------------------------------------------------------------------------------------------------- Billings Intrastate AQCR 140....................................... III III III III III Great Falls Intrastate AQCR 141.................................... III III III III III Helena Intrastate AQCR 142......................................... III III III III III Miles City Intrastate AQCR 143..................................... III III III III III Missoula Intrastate AQCR 144....................................... III III III III III -------------------------------------------------------------------------------------------------------------------------------------------------------- [64 FR 68038, Dec. 6, 1999, as amended at 66 FR 31550, June 12, 2001; 71 FR 21, Jan. 3, 2006] § 52.1372 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Montana's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977, except as noted below. [45 FR 2036, Jan. 10, 1980] § 52.1373 Control strategy: Carbon monoxide. top (a) On July 8, 1997, the Governor of Montana submitted revisions to the SIP narrative for the Missoula carbon monoxide control plan. (b) Revisions to the Montana State Implementation Plan, Carbon Monoxide Redesignation Request and Maintenance Plan for Billings, as adopted by the Montana Department of Environmental Quality on December 19, 2000, State effective December 19, 2000, and submitted by the Governor on February 9, 2001. (c) Revisions to the Montana State Implementation Plan, Carbon Monoxide Redesignation Request and Maintenance Plan for Great Falls, as adopted by the Montana Department of Environmental Quality on December 19, 2000, State effective December 19, 2000, and submitted by the Governor on February 9, 2001. [64 FR 68038, Dec. 6, 1999, as amended at 67 FR 7973, Feb. 21, 2002; 67 FR 31150, May 9, 2002] § 52.1374 Control strategy: Particulate matter. top (a) On July 8, 1997, the Governor of Montana submitted minor revisions to the Columbia Falls, Butte and Missoula PM–10 SIPS. (b) Determination—EPA has determined that the Whitefish PM10 “moderate” nonattainment area attained the PM10 national ambient air quality standard by December 31, 1999. This determination is based on air quality monitoring data from 1997, 1998, and 1999. EPA has determined that the Thompson Falls PM10 “moderate” nonattainment area attained the PM10 national ambient air quality standard by December 31, 2000. This determination is based on air quality monitoring data from 1998, 1999, and 2000. [64 FR 68038, Dec. 6, 1999, as amended at 66 FR 55105, Nov. 1, 2001] § 52.1375 Control strategy: Lead. top Determination—EPA has determined that the East Helena Lead nonattainment area has attained the lead national ambient air quality standards through calendar year 1999. This determination is based on air quality data currently in the AIRS database (as of the date of our determination, June 18, 2001). [66 FR 55098, Nov. 1, 2001] § 52.1376 Extensions. top On October 7, 1993, EPA granted the request by the State for the full three years allowed by section 172(b) of the CAA, as amended in 1990, for submittal of the SIP for the East Helena area to attain and maintain the sulfur dioxide secondary NAAQS. Therefore, the SIP for the area was due November 15, 1993. The SIP was not submitted by that date. [61 FR 16062, Apr. 11, 1996] § 52.1377 [Reserved] top § 52.1378 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial nonecessary by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55331, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] § 52.1379 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met, since section 69–3918 of the Montana Clean Air Act could, in some circumstances prohibit the disclosure of emission data to the public. Therefore, section 69–3918 is disapproved. [39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986] §§ 52.1380-52.1381 [Reserved] top § 52.1382 Prevention of significant deterioration of air quality. top (a) The Montana plan, as submitted, is approved as meeting the requirements of Part C, Subpart 1 of the Clean Air Act, except that it does not apply to sources proposing to construct on Indian Reservations. (b) Regulation for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the Montana State implementation plan and are applicable to proposed major stationary sources or major modifications to be located on Indian Reservations. (c)(1) Except as set forth in this paragraph, all areas of Montana are designated Class II. (2) The Northern Cheyene Indian Reservation is designated Class I. (3) The Flathead Indian Reservation is designated Class I. (4) The Fort Peck Indian Reservation is designated Class I. [42 FR 40697, Aug. 11, 1977, as amended at 47 FR 23928, June 2, 1982; 48 FR 20233, May 5, 1983; 49 FR 4735, Feb. 8, 1984; 53 FR 48645, Dec. 2, 1988; 55 FR 19262, May 9, 1990; 55 FR 22333, June 1, 1990; 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003] § 52.1384 Emission control regulations. top (a) Administrative Rules of Montana 17.8.309(5)(b) and 17.8.310(3)(e) of the State's rule regulating fuel burning, which were submitted by the Governor on April 14, 1999 and which allow terms of a construction permit to override a requirement that has been approved as part of the SIP, are disapproved. We cannot approve these provisions into the SIP, as it would allow the State to change a SIP requirement through the issuance of a permit. Pursuant to section 110 of the Act, to change a requirement of the SIP, the State must adopt a SIP revision and obtain our approval of the revision. (b)(1) In 40 CFR 52.1370(c)(51), we incorporated by reference several documents that comprise the East Helena Lead SIP. Sections 52.1370(c)(51)(i)(B) and (C) indicate that certain provisions of the documents that were incorporated by reference were excluded. The excluded provisions of §52.1370(c)(51)(i)(B) and (C) are disapproved. These provisions are disapproved because they do not entirely conform to the requirement of section 110(a)(2) of the Act that SIP limits must be enforceable, nor to the requirement of section 110(i) that the SIP can be modified only through the SIP revision process. The following phrases, words, or section in exhibit A of the stipulation between the Montana Department of Environmental Quality (MDEQ) and Asarco, adopted by order issued on June 26, 1996 by the Montana Board of Environmental Review (MBER), are disapproved: (i) The words, “or an equivalent procedure” in the second and third sentences in section 2(A)(22) of exhibit A; (ii) The words, “or an equivalent procedure” in the second and third sentences in section 2(A)(28) of exhibit A; (iii) The words, “or an equivalent procedure” in the second sentence in section 5(G) of exhibit A; (iv) The sentence, “Any revised documents are subject to review and approval by the Department as described in section 12,” from section 6(E) of exhibit A; (v) The words, “or a method approved by the Department in accordance with the Montana Source Testing Protocol and Procedures Manual shall be used to measure the volumetric flow rate at each location identified,” in section 7(A)(2) of exhibit A; (vi) The sentence, “Such a revised document shall be subject to review and approval by the Department as described in section 12,” in section 11(C) of exhibit A; (vii) The sentences, “This revised Attachment shall be subject to the review and approval procedures outlined in Section 12(B). The Baghouse Maintenance Plan shall be effective only upon full approval of the plan, as revised. This approval shall be obtained from the Department by January 6, 1997. This deadline shall be extended to the extent that the Department has exceeded the time allowed in section 12(B) for its review and approval of the revised document,” in section 12(A)(7) of exhibit A; and (viii) Section 12(B) of exhibit A. (2) Paragraphs 15 and 16 of the stipulation by the MDEQ and Asarco adopted by order issued on June 26, 1996 by the MBER are disapproved. Paragraph 20 of the stipulation by the MDEQ and American Chemet adopted by order issued on August 4, 1995 by the MBER is disapproved. (c) Administrative Rules of Montana 17.8.324(1)(c) and 2(d) (formerly ARM 16.8.1425(1)(c) and (2)(d)) of the State's rule regulating hydrocarbon emissions from petroleum products, which were submitted by the Governor on May 17, 1994 and later recodified with a submittal by the Governor on September 19, 1997, and which allow the discretion by the State to allow different equipment than that required by this rule, are disapproved. Such discretion cannot be allowed without requiring EPA review and approval of the alternative equipment to ensure that it is equivalent in efficiency to that equipment required in the approved SIP. (d) In §52.1370(c)(46), we approved portions of the Billings/Laurel Sulfur Dioxide SIP and incorporated by reference several documents. This paragraph identifies those portions of the Billings/Laurel SO2 SIP that have been disapproved. (1) In §52.1370(c)(46)(i)(A) through (G), certain provisions of the documents incorporated by reference were excluded. The following provisions that were excluded by §52.1370(c)(46)(i)(A) through (G) are disapproved. We cannot approve these provisions because they do not conform to the requirements of the Clean Air Act: (i) The following paragraph and portions of sections of the stipulation and exhibit A between the Montana Department of Environmental Quality and Cenex Harvest Cooperatives adopted by Board Order issued on June 12, 1998, by the Montana Board of Environmental Review: (A) Paragraph 20 of the stipulation; (B) The following phrase from section 3(B)(2) of exhibit A: “or in the flare”; and (C) The following phrases in section 4(D) of exhibit A: “or in the flare” and “or the flare.” (ii) Paragraph 20 of the stipulation between the Montana Department of Environmental Quality and Conoco, Inc., adopted by Board Order issued on June 12, 1998, by the Montana Board of Environmental Review. (iii) The following paragraphs and portions of sections of the stipulation and exhibit A between the Montana Department of Environmental Quality and Exxon Company, USA, adopted by Board Order issued on June 12, 1998, by the Montana Board of Environmental Review: (A) Paragraphs 1 and 22 of the stipulation; (B) The following phrase of section 3(E)(4) of exhibit A: “or in the flare”; and (C) The following phrases of section 4(E) of exhibit A: “or in the flare” and “or the flare.” (iv) Paragraph 20 of the stipulation between the Montana Department of Environmental Quality and Montana Power Company, adopted by Board Order issued on June 12, 1998, by Montana Board of Environmental Review. (v) The following paragraphs and sections of the stipulation and exhibit A between the Montana Department of Environmental Quality and Montana Sulphur & Chemical Company, adopted by Board Order issued on June 12, 1998, by the Montana Board of Environmental Review: paragraphs 1, 2 and 22 of the stipulation; sections 3(A)(1)(a) and (b), 3(A)(3), and 3(A)(4) of exhibit A. (vi) Paragraph 20 of the stipulation between the Montana Department of Environmental Quality and Western Sugar Company, adopted by Board Order issued on June 12, 1998, by the Montana Board of Environmental Review. (vii) Paragraph 20 of the stipulation between the Montana Department of Environmental Quality and Yellowstone Energy Limited Partnership, adopted by Board Order issued on June 12, 1998, by the Montana Board of Environmental Review. (2) Section (3)(A)(2) of exhibit A of the stipulation between the Montana Department of Environmental Quality and Montana Sulphur & Chemical Company, adopted by Board Order issued on June 12, 1998, by the Montana Board of Environmental Review, which section 3(A)(2) we approved for the limited purpose of strengthening the SIP, is hereby disapproved. This limited disapproval does not prevent EPA, citizens, or the State from enforcing section 3(A)(2). (e) In 40 CFR 52.1370(c)(52), we approved portions of the Billings/Laurel Sulfur Dioxide SIP for the limited purpose of strengthening the SIP. Those provisions that we limitedly approved are hereby limitedly disapproved. This limited disapproval does not prevent EPA, citizens, or the State from enforcing the provisions. This paragraph identifies those provisions of the Billings/Laurel SO2 SIP identified in 40 CFR 52.1370(c)(52) that have been limitedly disapproved. (1) Sections 3(B)(2) and 4(D) (excluding “or in the flare” and “or the flare” in both sections, which was previously disapproved in paragraphs (d)(1)(i)(B) and (C) above), 3(A)(1)(d) and 4(B) of Cenex Harvest State Cooperatives' exhibit A to the stipulation between the Montana Department of Environmental Quality and Cenex Harvest State Cooperatives, adopted June 12, 1998 by Board Order issued by the Montana Board of Environmental Review. (2) Method #6A–1 of attachment #2 of Cenex Harvest State Cooperatives' exhibit A, as revised pursuant to the stipulation between the Montana Department of Environmental Quality and Cenex Harvest State Cooperatives, adopted by Board Order issued on March 17, 2000, by the Montana Board of Environmental Review. (3) Sections 3(B)(2), 4(B), and 6(B)(3) of Exxon's exhibit A to the stipulation between the Montana Department of Environmental Quality and Exxon, adopted on June 12, 1998 by Board Order issued by the Montana Board of Environmental Review. (4) Sections 2(A)(11)(d), 3(A)(1), 3(B)(1) and 4(C) of Exxon Mobil Corporation's exhibit A, as revised pursuant to the stipulation between the Montana Department of Environmental Quality and Exxon Mobil Corporation, adopted by Board Order issued on March 17, 2000, by the Montana Board of Environmental Review. (f) Administrative Rules of Montana 17.8.335 of the State's rule entitled “Maintenance of Air Pollution Control Equipment for Existing Aluminum Plants,” submitted by the Governor on January 16, 2003, is disapproved. We cannot approve this rule into the SIP because it is inconsistent with the Act (e.g., sections 110(a) and 110(l)), prior rulemakings and our guidance. [57 FR 57347, Dec. 4, 1992, as amended at 57 FR 60486, Dec. 21, 1993; 60 FR 36722, July 18, 1995; 64 FR 68038, Dec. 6, 1999; 66 FR 42437, Aug. 13, 2001; 66 FR 55099, Nov. 1, 2001; 67 FR 22241, May 2, 2002; 68 FR 27911, May 22, 2003; 71 FR 4828, Jan. 30, 2006] §§ 52.1385-52.1386 [Reserved] top § 52.1387 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Long-term strategy. The provisions of §52.29 are hereby incorporated into the applicable plan for the State of Montana. [52 FR 45138, Nov. 24, 1987] § 52.1388 Stack height regulations. top The State of Montana has committed to revise its stack height regulations should EPA complete rulemaking to respond to the decision in NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas M. Skie, EPA, dated May 6, 1988, Jeffrey T. Chaffee, Chief, Air Quality Bureau, stated: * * * We are submitting this letter to allow EPA to continue to process our current SIP submittal with the understanding that if EPA's response to the NRDC remand modifies the July 8, 1985 regulations, EPA will notify the State of the rules that must be changed to comply with the EPA's modified requirements. The State of Montana agrees to make the appropriate changes. [54 FR 24341, June 7, 1989. Redesignated at 55 FR 19262, May 9, 1990] § 52.1389 [Reserved] top § 52.1390 Missoula variance provision. top The Missoula City-County Air Pollution Control Program's Chapter X, Variances, which was adopted by the Montana Board of Health and Environmental Sciences on June 28, 1991 and submitted by the Governor of Montana to EPA in a letter dated August 20, 1991, is disapproved. This rule is inconsistent with section 110(i) of the Clean Air Act, which prohibits any State or EPA from granting a variance from any requirement of an applicable implementation plan with respect to a stationary source. [59 FR 64139, Dec. 13, 1994] § 52.1391 Emission inventories. top (a) The Governor of the State of Montana submitted the 1990 carbon monoxide base year emission inventories for Missoula and Billings on July 18, 1995, as a revision to the State Implementation Plan (SIP). The Governor submitted the 1990 carbon monoxide base year emission inventory for Great Falls on April 23, 1997, as a revision to the SIP. The inventories address emissions from point, area, on-road mobile, and non-road sources. These 1990 base year carbon monoxide inventories satisfy the nonattainment area requirements of the Clean Air Act of section 187(a)(1) for Missoula and section 172(c)(3) for Billings and Great Falls. (b) As part of the Thompson Falls Air Pollution Control Plan (approved at §52.1370(c)(60)), the Governor of Montana submitted a PM–10 emission inventory for the Thompson Falls area as a SIP revision. The PM–10 emission inventory covers the time period of July 1, 1990 through June 30, 1991. [62 FR 65616, Dec. 15, 1997, as amended at 69 FR 3012, Jan. 22, 2004] Subpart CC—Nebraska top § 52.1420 Identification of Plan. top (a) Purpose and scope. This section sets forth the applicable SIP for Nebraska under section 110 of the CAA, 42 U.S.C. 7401 et seq., and 40 CFR Part 51 to meet NAAQS. (b) Incorporation by reference. (1) Material listed in paragraphs (c), (d) and (e) of this section with an EPA approval date prior to November 5, 2003, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c), (d) and (e) of this section with EPA approval dates after November 5, 2003, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region VII certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of November 5, 2003. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region VII, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; the EPA, Air and Radiation Docket and Information Center, Room B–108, 1301 Constitution Avenue, NW. (Mail Code 6102T), Washington, DC 20460 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA-approved regulations. EPA-Approved Nebraska Regulations ---------------------------------------------------------------------------------------------------------------- State Nebraska citation Title effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- STATE OF NEBRASKA Department of Environmental Quality ---------------------------------------------------------------------------------------------------------------- Title 129_Nebraska Air Quality Regulations ---------------------------------------------------------------------------------------------------------------- 129-1....................... Definitions.... 11/20/02 09/05/03, 68 FR 52694......... 129-2....................... Definition of 07/10/02 07/08/03, 68 FR 40530......... Major Source. 129-3....................... Region and 6/26/94 1/04/95, 60 FR 372............ Subregions. 129-4....................... Ambient Air 4/01/02 07/08/03, 68 FR 40530......... Quality 07/10/02 Standards. 129-5....................... Operating 11/20/02 9/05/03, 68 FR 52694.......... Section 001.02 is Permit. not SIP approved. 129-6....................... Emissions 11/20/02 9/05/03, 68 FR 52694.......... Reporting. 129-7....................... Operating 8/22/2000 5/29/02, 67 FR 37327.......... Permits_Applic ation. 129-8....................... Operating 8/22/2000 5/29/02, 67 FR 37327.......... Permit Content. 129-9....................... General 5/29/95 10/18/95, 60 FR 53872......... Operating Permits for Class I and II Sources. 129-10...................... Operating 9/7/97 1/20/00, 65 FR 3134........... Permits for Temporary Sources. 129-11...................... Operating 5/29/95 10/18/95, 60 FR 53872......... Permits_Emerge ncy; Defense. 129-12...................... Operating 5/29/95 2/09/96, 61 FR 4899........... Permit Renewal and Expiration. 129-13...................... Class I 5/29/95 10/18/95, 60 FR 53872......... Operating Permit_EPA Review; Affected States Review; Class II Permit. 129-14...................... Permits_Public 5/29/95 10/18/95, 60 FR 53872......... Participation. 129-15...................... Operating 5/29/95 10/18/95, 60 FR 53872......... Permit Modification; Reopening for Cause. 129-16...................... Stack Heights; 12/15/1998 5/29/02, 67 FR 37327.......... Good Engineering Practice (GEP). 129-17...................... Construction 7/10/02 7/08/03, 68 FR 40530.......... Refer to January 23, Permits_When 2002, NDEQ letter Required. to EPA regarding change to 129-17- 014. Approved by EPA on May 29, 2002. 129-19...................... Prevention of 12/15/1998 5/29/02, 67 FR 37327.......... Significant Deterioration of Air Quality. 129-20...................... Particulate 2/7/04 3/31/05, 70 FR 16429.......... Emissions; Limitations and Standards (Exceptions Due to Breakdowns or Scheduled Maintenance: See Chapter 35). 129-21...................... Controls for 7/10/02 7/08/03, 68 FR 40530.......... Transferring, Conveying, Railcar and Truck Loading at Rock Processing Operations in Cass County. 129-22...................... Incinerators; 9/7/97 1/20/00, 65 FR 3134........... Emission Standards. 129-24...................... Sulfur Compound 6/26/94 1/04/95, 60 FR 372............ Emissions, Existing Sources Emission Standards. 129-25...................... Nitrogen Oxides 9/7/97 1/20/00, 65 FR 3134........... (Calculated as Nitrogen Dioxide); Emissions Standards for Existing Stationary Sources. 129-30...................... Open Fires, 11/20/02 9/05/03, 68 FR 52694.......... Prohibited; Exceptions. 129-32...................... Dust; Duty to 6/26/94 1/04/95, 60 FR 372............ Prevent Escape of. 129-33...................... Compliance; 6/26/94 1/04/95, 60 FR 372............ Time Schedule for. 129-34...................... Emission 11/24/03 3/31/05, 70 FR 16429.......... Section 005 is not Sources; SIP approved. Testing; Monitoring. 129-35...................... Compliance; 9/7/97 1/20/00, 65 FR 3134........... Exceptions Due to Startup, Shutdown, or Malfunction. 129-36...................... Control 6/26/94 1/04/95, 60 FR 372............ Regulations; Circumvention, When Excepted. 129-37...................... Compliance; 6/26/94 1/04/95, 60 FR 372............ Responsibility. 129-38...................... Emergency 6/26/94 1/04/95, 60 FR 372............ Episodes; Occurrence and Control, Contingency Plans. 129-39...................... Visible 6/26/94 1/04/95, 60 FR 372............ Emissions from Diesel-powered Motor Vehicles. 129-40...................... General 5/29/95 2/12/96, 61 FR 5297........... Conformity. 129-41...................... General 12/15/1998 5/29/02, 67 FR 37327.......... Provision. 129-42...................... Consolidated 5/29/95 2/09/96, 61 FR 4899........... with Chapter 41. 129-43...................... Consolidated 5/29/95 2/09/96, 61 FR 4899........... with Chapter 41. 129-44...................... Consolidated 5/29/95 2/09/96, 61 FR 4899........... with Chapter 41. Appendix I.................. Emergency 6/26/94 1/04/94, 60 FR 372............ Emission Reductions. Appendix II................. Hazardous Air 9/7/97 1/20/00, 65 FR 3134........... Pollutants (HAPS). ---------------------------------------------------------------------------------------------------------------- Title 115_Rules of Practice and Procedure ---------------------------------------------------------------------------------------------------------------- 115-1....................... Definitions of 8/08/93 1/04/95, 60 FR 372............ Terms. 115-2....................... Filing and 8/08/93 1/04/95, 60 FR 372............ Correspondence. 115-3....................... Public Records 8/08/93 1/04/95, 60 FR 372............ Availability. 115-4....................... Public Records 8/08/93 1/04/95, 60 FR 372............ Confidentialit y. 115-5....................... Public Hearings 8/08/93 1/04/95, 60 FR 372............ 115-6....................... Voluntary 8/08/93 1/04/95, 60 FR 372............ Compliance. 115-7....................... Contested Cases 8/08/93 1/04/95, 60 FR 372............ 115-8....................... Emergency 8/08/93 1/04/95, 60 FR 372............ Proceeding Hearings. 115-9....................... Declaratory 8/08/93 1/04/95, 60 FR 372............ Rulings. 115-10...................... Rulemaking..... 8/08/93 1/04/95, 60 FR 372............ 115-11...................... Variances...... 8/08/93 1/04/95, 60 FR 372............ ---------------------------------------------------------------------------------------------------------------- Lincoln-Lancaster County Air Pollution Control Program Article 1_Administration and Enforcement ---------------------------------------------------------------------------------------------------------------- Section 1................... Intent......... 5/16/95 2/14/96, 61 FR 5701........... Section 2................... Unlawful 5/16/95 2/14/96, 61 FR 5701........... Acts_Permits Required. Section 3................... Violations_Hear 5/16/95 2/14/96, 61 FR 5701........... ing_Orders. Section 4................... Appeal 5/16/95 2/14/96, 61 FR 5701........... Procedure. Section 5................... Variance....... 5/16/95 2/14/96, 61 FR 5701........... Section 7................... Compliance_Acti 5/16/95 2/14/96, 61 FR 5701........... ons to Enforce_Penalt ies for Non- Compliance. Section 8................... Procedure for 5/16/95 2/14/96, 61 FR 5701........... Abatement. Section 9................... Severability... 5/16/95 2/14/96, 61 FR 5701........... ---------------------------------------------------------------------------------------------------------------- Article 2_Regulations and Standards ---------------------------------------------------------------------------------------------------------------- Section 1................... Definitions.... 8/11/98 1/20/00, 65 FR 3134........... Section 2................... Major 8/11/98 1/20/00, 65 FR 3134........... Sources_Define d. Section 4................... Ambient Air 5/16/95 2/14/96, 61 FR 5701........... Quality Standards. Section 5................... Operating 8/11/98 1/20/00, 65 FR 3134........... Permits_When Required. Section 6................... Emissions 8/11/98 1/20/00, 65 FR 3134........... Reporting_When Required. Section 7................... Operating 8/11/98 1/20/00, 65 FR 3135........... Permits_Applic ation. Section 8................... Operating 8/11/98 1/20/00, 65 FR 3135........... Permit_Content. Section 9................... General 5/16/95 2/14/96, 61 FR 5701........... Operating Permits for Class I and II Sources. Section 10.................. Operating 5/16/95 2/14/96, 61 FR 5701........... Permits for Temporary Services. Section 11.................. Emergency 5/16/95 2/14/96, 61 FR 5701........... Operating Permits_Defens e. Section 12.................. Operating 5/16/95 2/14/96, 61 FR 5701........... Permit Renewal and Expiration. Section 14.................. Permits_Public 5/16/95 2/14/96, 61 FR 5701........... Participation. Section 15.................. Operating 8/11/98 1/20/00, 65 FR 3135........... Permit Modifications_ Reopening for Cause. Section 16.................. Stack_Heights_G 5/16/95 2/14/96, 61 FR 5701........... ood Engineering Practice (GEP). Section 17.................. Construction 8/11/98 1/20/00, 65 FR 3135........... Permits_When Required. Section 19.................. Prevention of 5/16/95 2/14/96, 61 FR 5701........... Significant Deterioration of Air Quality. Section 20.................. Particulate 3/31/97 1/20/00, 65 FR 3135........... Emissions_Limi tations and Standards. Section 22.................. Incinerator 5/16/95 2/14/96, 61 FR 5701........... Emissions. Section 24.................. Sulfur Compound 5/16/95 2/14/96, 61 FR 5701........... Emissions_Exis ting Sources_Emissi on Standards. Section 25.................. Nitrogen Oxides 5/16/95 2/14/96, 61 FR 5701........... (Calculated as Nitrogen Dioxide)_Emiss ions Standards for Existing Stationary Sources. Section 32.................. Dust_Duty to 3/31/97 1/20/00, 65 FR 3135........... Prevent Escape of. Section 33.................. Compliance_Time 5/16/95 2/14/96, 61 FR 5701........... Schedule for. Section 34.................. Emission 5/16/95 2/14/96, 61 FR 5701........... Sources_Testin g_Monitoring. Section 35.................. Compliance_Exce 5/16/95 2/14/96, 61 FR 5701........... ptions Due to Startup Shutdown or Malfunction. Section 36.................. Control 5/16/95 2/14/96, 61 FR 5701........... Regulations_Ci rcumvention_Wh en Expected. Section 37.................. Compliance_Resp 5/16/95 2/14/96, 61 FR 5701........... onsibility of Owner/Operator Pending Review by Director. Section 38.................. Emergency 5/16/95 2/14/96, 61 FR 5701........... Episodes_Occur rence and Control_Contin gency Plans. Appendix.................... Emergency 5/16/95 2/14/96, 61 FR 5701........... Emission Reduction Regulations. ---------------------------------------------------------------------------------------------------------------- City of Omaha Chapter 41_Air Quality Control Article I In General ---------------------------------------------------------------------------------------------------------------- 41-2........................ Adoption of 4/1/98 1/20/00, 65 FR 3135........... State Regulations with Exceptions. 41-4........................ Enforcement_Gen 5/29/95 2/14/96, 61 FR 5701........... erally. 41-5........................ Same Health 5/29/95 2/14/96, 61 FR 5701........... Department. 41-6........................ Residential 5/29/95 2/14/96, 61 FR 5701........... Exemptions. 41-9........................ Penalties...... 5/29/95 2/14/96, 61 FR 5701........... 41-10....................... Civil 5/29/95 2/14/96, 61 FR 5701........... Enforcement. ---------------------------------------------------------------------------------------------------------------- Article II_Permitting of Air Contaminant Sources ---------------------------------------------------------------------------------------------------------------- 41-23....................... Prerequisite to 5/29/95 2/14/96, 61 FR 5701........... Approval. 41-27....................... Signature 5/29/95 2/14/96, 61 FR 5701........... Required; Guarantee. 41-38....................... Funds.......... 5/29/95 2/14/96, 61 FR 5701........... 41-40....................... Fees_When 5/29/95 2/14/96, 61 FR 5701........... Delinquent. ---------------------------------------------------------------------------------------------------------------- Article IV_Waste Incinerators Division 1. Generally ---------------------------------------------------------------------------------------------------------------- 41-60....................... Definitions.... 5/29/95 2/14/96, 61 FR 5701........... 41-61....................... Violations..... 5/29/95 2/14/96, 61 FR 5701........... ---------------------------------------------------------------------------------------------------------------- Article IV_Waste Incinerators Division 2. Emissions ---------------------------------------------------------------------------------------------------------------- 41-70....................... New or Modified 5/29/95 2/14/96, 61 FR 5701........... Facilities. 41-71....................... Existing 5/29/95 2/14/96, 61 FR 5701........... Facilities. 41-72....................... Emission 5/29/95 2/14/96, 61 FR 5701........... Testing. ---------------------------------------------------------------------------------------------------------------- Article IV_Waste Incinerators Division 3. Design ---------------------------------------------------------------------------------------------------------------- 41-80....................... New or Modified 5/29/95 2/14/96, 61 FR 5701........... Waste Incinerators. 41-81....................... Existing 5/29/95 2/14/96, 61 FR 5701........... Incinerators. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved state source-specific permits. EPA-Approved Nebraska Source_Specific Permits -------------------------------------------------------------------------------------------------------------------------------------------------------- State Name of source Permit No. effective EPA approval date Explanation date -------------------------------------------------------------------------------------------------------------------------------------------------------- (1) Gould, Inc...................... 677 11/9/83 1/31/85, 50 FR 4510.................. (2) Asarco, Inc..................... 1520 6/6/96 3/20/97, 62 FR 13329................. The EPA did not approve paragraph 19. -------------------------------------------------------------------------------------------------------------------------------------------------------- (e) EPA-approved nonregulatory provisions and quasi-regulatory measures. EPA-Approved Nebraska Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State EPA approval date Explanation provision nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- (1) Air Quality Implementation Statewide.......... 1/28/72 5/31/72, 37 FR Plan. 10842. (2) Confirmation That the State Statewide.......... 4/25/72 5/31/72, 37 FR Does Not Have Air Quality 10842. Control Standards Based on Attorney General's Disapproval.. (3) Request for Two-Year Omaha.............. 1/24/72 7/27/72, 37 FR Extension to Meet the Primary 15080. NOX Standard.. (4) Clarification of Section 11 Statewide.......... 2/16/72 7/27/72, 37 FR of the State's Plan.. 15080. (5) Letters Clarifying the Omaha.............. 10/2/72 5/14/73, 38 FR Application of the States 12696. Emergency Episode Rule.. (6) Analysis of Ambient Air Omaha, Lincoln, 5/9/74 6/2/75, 40 FR 23746 Quality in Standard Metropolitan Sioux City. Statistical Areas and Recommendations for Air Quality Maintenance Areas. (7) Amended State Law (LB1029) Statewide.......... 2/10/76 6/23/76, 41 FR Giving the Department of 25898. Environmental Quality Authority to Require Monitoring of Emissions, Reporting of Emissions and Release of Emissions Data. (8) Air Monitoring Plan.......... Statewide.......... 6/19/81 10/6/81, 46 FR 49122. (9) TSP Nonattainment Plan....... Douglas and Cass 9/25/80 3/28/83, 48 FR Counties. 8/9/82 12715. (10) Plan for Intergovernmental Statewide.......... 8/9/82 7/5/83, 48 FR 30631 Consultation and Coordination and for Public Notification.. (11) Lead Plan................... Statewide except 1/9/81 11/29/83, 48 FR The plan was Omaha. 8/5/81 53697. approved except 1/11/83 that portion pertaining to Omaha. (12) Lead Nonattainment Plan..... Omaha.............. 7/24/84 1/31/85, 50 FR 4510 11/17/83 8/1/84 (13) CO Nonattainment Plan....... Omaha.............. 4/3/85 9/15/86, 51 FR 32640. (14) CO Nonattainment Plan....... Lincoln............ 4/3/85 9/19/86, 51 FR 33264. (15) Revised Lead Nonattainment Omaha.............. 2/2/87 8/3/87, 52 FR 28694 Plan. (16) Letter Pertaining to NOX Statewide.......... 3/8/91 7/2/91, 56 FR 30335 State submittal Rules and Analysis Which date is date of Certifies the Material Became the letter. Effective on February 20, 1991.. (17) Small Business Assistance Statewide.......... 11/12/92 8/30/93, 58 FR Program. 45452. (18) Class II Operating Permit Statewide.......... 2/16/94 1/4/95, 60 FR 372.. Program Including Letter Committing to Submit Information to RACT/BACT/LAER Clearinghouse, Letter Regarding Availability of State Operating Permits to the EPA and Specified Emissions Limits in Permits, and Letter Regarding the Increase in New Source Review Thresholds.. (19) Letter from City of Omaha Omaha, Lincoln..... 9/13/95, 2/14/96, 61 FR 5725 State submittal Regarding Authority to Implement 11/9/95 dates are dates of Section 112(l) and Letter from letters. the State Regarding Rule Omissions and PSD Program Implementation.. (20) Lincoln Municipal Code, City of Lincoln.... 2/5/99 1/20/00, 65 FR 3135 Chapter 8.06.140 and 8.06.145.. (21) Lancaster Co. Resolution Lancaster County... 2/5/99 1/20/00, 65 FR 3135 5069, Sections 12 and 13.. (22) Nebraska Lead Maintenance Omaha.............. 1/18/01 4/20/01, 66 FR SIP. 20199. ---------------------------------------------------------------------------------------------------------------- [64 FR 7103, Feb. 12, 1999, as amended at 65 FR 3133, Jan. 20, 2000; 66 FR 20199, Apr. 20, 2001; 67 FR 37327, May 29, 2002; 68 FR 40530, July 8, 2003; 68 FR 52694, Sept. 5, 2003; 68 FR 67046, Dec. 1, 2003; 70 FR 16429, Mar. 31, 2005] § 52.1421 Classification of regions. top The Nebraska plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Metropolitan Omaha-Council Bluffs Interstate......... I II III III III Lincoln-Beatrice-Fairbury Intrastate................. II III III III III Metropolitan Sioux City Interstate................... III III III III III Nebraska Intrastate.................................. III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10877, May 31, 1972, as amended at 39 FR 16347, May 8, 1974] § 52.1422 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Nebraska's plan for the attainment and maintenance of the national standards. No action is taken on the new source review regulations to comply with section 172(b)(6) and section 173 of the Clean Air Act as amended in 1977, and 40 CFR 51.18(j). [37 FR 10877, May 31, 1972, as amended at 48 FR 12717, Mar. 28, 1983] § 52.1423 PM10 State implementation plan development in group II areas. top The state of Nebraska committed to conform to the PM10 regulations as set forth in 40 CFR part 51. In a letter to Morris Kay, EPA, dated February 5, 1988, Mr. Dennis Grams, Director, Nebraska Department of Environmental Control, stated: (a) An area in the City of Omaha and the area in and around the Village of Weeping Water have been classified as Group II areas for the purpose of PM10 State Implementation Plan (SIP) development. The specific boundaries of these areas are identified in our letter of October 6, 1987, to Carl Walter. In accordance with the requirements for PM10 SIP development, the State of Nebraska commits to perform the following PM10 monitoring and SIP development activities for these Group II areas: (1) Gather ambient PM10 data, at least to the extent consistent with minimum EPA requirements and guidance. (2) Analyze and verify the ambient PM10 data and report 24-hour exceedances of the National Ambient Air Quality Standard for PM10 to the Regional Office within 45 days of each exceedance. (3) When an appropriate number of verifiable exceedances of the 24-hour standard occur, calculated according to section 2.0 of the PM10 SIP Development Guideline, or when an exceedance of the annual PM10 standard occurs, acknowledge that a nonattainment problem exists and immediately notify the Regional Office. (4) Within 30 days of the notification referred to in paragraph (a)(3) of this section, or within 37 months of promulgation of the PM10 standards, whichever comes first, determine whether measures in the existing SIP will assure timely attainment and maintenance of the PM10 standards and immediately notify the Regional Office. (5) Within 6 months of the notification referred to in paragraph (a)(4) of this section, adopt and submit to EPA a PM10 control strategy that assures attainment as expeditiously as practicable but no later than 3 years from approval of the committal SIP. An emission inventory will be compiled for the identified Group II areas. If either area is found to be violating the PM10 standards, the inventory will be completed as part of the PM10 SIP for that area on a schedule consistent with that outlined in paragraphs 3, 4, and 5. If the PM10 standards are not violated, the inventory will be completed not later than July 1, 1989, and submitted to EPA not later than August 31, 1990, as part of the determination of adequacy of the current SIP to attain and maintain the PM10 air quality standards. (b) We request that the total suspended particulate nonattainment areas in Omaha and Weeping Water (all secondary nonattainment) and Louisville (Primary nonattainment) be redesignated to unclassifiable. [54 FR 21063, May 16, 1989] § 52.1424 Operating permits. top Emission limitations and related provisions which are established in Nebraska operating permits as Federally enforceable conditions shall be enforceable by EPA. The EPA reserves the right to deem permit conditions not Federally enforceable. Such a determination will be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirement which do not conform with the operating permit program requirements or the requirements of EPA underlying regulations. [61 FR 4901, Feb. 9, 1996] § 52.1425 Compliance schedules. top (a) The compliance schedules for the sources identified below are approved as revisions to the plan pursuant to §51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. Nebraska_Compliance Schedules -------------------------------------------------------------------------------------------------------------------------------------------------------- Variance expiration Source Location Regulation involved Date adopted date Final compliance date -------------------------------------------------------------------------------------------------------------------------------------------------------- ASARCO, Inc........................ Omaha, NE............. Nebraska DEC Second Nov. 12, 1986........ Not applicable....... Feb. 1, 1988 Amended Administrative Order No. 753. -------------------------------------------------------------------------------------------------------------------------------------------------------- [41 FR 22350, June 3, 1976, as amended at 41 FR 52456, Nov. 30, 1976; 42 FR 16140, Mar. 25, 1977; 50 FR 4512, Jan. 31, 1985; 51 FR 40675, 40676, Nov. 7, 1986; 52 FR 28696, Aug. 3, 1987; 54 FR 25259, June 14, 1989] § 52.1426 Original identification of plan section. top (a) This section identifies the original “Nebraska Air Quality Implementation Plan” and all revisions submitted by Nebraska that were Federally approved prior to July 1, 1998. (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Request submitted by the Governor on January 24, 1972, for a two-year extension in order to meet the primary standard for NOx in the Omaha-Council Bluffs AQCR. (Non-regulatory) (2) Clarification of section 11 of the State plan submitted on February 16, 1972 by the Nebraska Department of Environmental Control. (Non-regulatory) (3) A confirmation that the State does not have air quality control standards based on the enclosed disapproval of the State Attorney General was submitted on April 25, 1972 by the Nebraska Department of Environmental Control. (Non-regulatory) (4) Revision of Rules 3 through 18 and Rule 21 and 22 submitted on June 9, 1972, by the Governor. (5) Amendments to the Omaha Air Pollution Control Ordinance 26350 submitted on June 29, 1972, by the Governor. (6) Letters submitted September 26 and 27, 1972, from the State Department of Environmental Control revising Rule 3 and Rule 5 of the State Rules and Regulations. (7) Letters clarifying the application of the State emergency episode, rule 22(a), submitted October 2, 1972, by the State Department of Environmental Control. (Non-regulatory). (8) Revision of the State air regulations to expand emission limitations to apply State-wide, change procedures for preconstruction review of new sources, change procedures for disapproving construction permits for new or modified sources and add new sulfur oxide emission standards was submitted on February 27, 1974, by the Nebraska Department of Environmental Control. (9) Copy of the State's analysis of ambient air quality in Standard Metropolitan Statistical Areas in the State and recommendations for designation of Air Quality Maintenance Areas submitted by the Department of Environmental Control on May 9, 1974. (Non-regulatory) (10) Compliance schedules were submitted by the Department of Environmental Control on September 13, 1974. (11) Compliance schedules were submitted by the Department of Environmental Control on February 21, 1975. (12) Compliance schedules were submitted by the Department of Environmental Control on May 23, 1975. (13) Revision of regulations to include the second group of New Source Performance Standards and provide for granting of post-attainment variances and releasing of emission data was submitted on August 5, 1975, by the Governor. (14) Compliance schedules were submitted by the Governor on August 27, 1975. (15) Compliance schedules were submitted by the Governor on January 1, 1976. (16) Compliance schedules were submitted by the Department of Environmental Control on January 15, 1976. (17) Amended State law (LB1029) giving the Department of Environmental Control authority to require monitoring of emissions, require reporting of emissions and release emission data was submitted by the Governor on February 10, 1976. (18) Compliance schedules were submitted by the Governor on April 23, 1976. (19) Compliance schedules were submitted by the Governor on October 27, 1976. (20) Revised Rule 17, requiring continuous opacity monitoring by power plants, was submitted on November 2, 1976, by the Governor. (21) A plan revision to meet the requirements of 40 CFR 58.20, dealing with statewide air quality monitoring and data reporting, was submitted by the Governor on June 19, 1981. (22) Revised Rule 13, granting an increase in the visible emission limitations for existing teepee waste wood burners and alfalfa dehydrators, was submitted by the Governor on December 29, 1977. (23) Revision to the SIP concerning the adoption of the Lancaster County Air Pollution Control Resolution was submitted by the Governor on April 4, 1977. (24) Revision to the SIP concerning the adoption of the revised local air pollution control ordinances for the cities of Omaha and Lincoln was submitted by the Governor on December 27, 1977. (25) State plan revisions and corrections thereto to attain the National Ambient Air Quality Standards for total suspended particulate in Douglas and Cass Counties, designated as nonattainment under section 107 of the Clean Air Act Amendments of 1977, were submitted by the Governor on September 25, 1980, and on August 9, 1982. Included in the plan are revised Rule 6, and new Rule 5A. (26) New Rule 18, “Compliance; Exceptions Due to Startup, Shutdown, or Malfunction,” was submitted by the Governor on August 9, 1982. (27) A plan revision to provide for Intergovernmental Consultation and Coordination and for Public Notification was submitted to EPA by the Governor of Nebraska on August 9, 1982. (28) A plan revision for attaining and maintaining the National Ambient Air Quality Standard for Lead in the State of Nebraska was submitted to EPA on January 9, 1981, by the Governor. Additional material was submitted by the State on August 5, 1981 and January 11, 1983. All portions of the submittals are approved except the control strategy for Omaha and the request for a two year extension to attain the lead standard in Omaha. (29) Revisions to Rule 1, “Definitions,” and to Rule 4, “New and Complex Sources; Standards of Performance, Application for Permit, When Required;” and a new regulation: Rule 4.01, “Prevention of Significant Deterioration of Air Quality,” were submitted by the Governor on May 23, 1983; clarifying letter dated May 30, 1984. (30) On July 24, 1984, Nebraska submitted a lead SIP for Omaha. Additional portions of the Omaha lead SIP were submitted by the State on November 17, 1983, and August 1, 1984. EPA withheld action on the enforceable control measures contained in the Omaha lead SIP, but approved all other portions. (31) Revisions to Chapter 10 “Incinerators; Emission Standards;” Chapter 12 “Sulfur Compound Emissions; Emission Standards;” Chapter 14 “Open Fires, Prohibited; Exceptions;” and Chapter 20 “Emission Sources; Testing: Monitoring” were submitted by the Governor on October 6, 1983. (32) Revisions to Chapter 1, “Definitions”; Chapter 4, “Reporting and Operating Permits for Existing Sources; When Required”; and Chapter 5, “New, Modified, and Reconstructed Sources; Standards of Performance, Application for Permit, When Required”, were submitted by the Governor on October 6, 1983. These revisions deleted the review requirements for complex sources of air pollution for the entire State. These review requirements were adopted by the State on February 22, 1974 (submitted on February 27, 1974) and were approved by EPA on September 9, 1975. See paragraph (c)(8) above. Approval action was taken on the deletion of these requirements except as they pertain to the Lincoln and Omaha CO nonattainment areas. (33) A State Implementation Plan revision to provide for attainment of the carbon monoxide standard in Omaha was submitted by Governor Kerrey on April 3, 1985. Action was also taken to delete review requirements for complex sources of air pollution in Omaha; see paragraph (c)(32) of this section. (i) Incorporation by reference. (A) An RFP curve from page 27 of the Carbon Monoxide State Implementation Plan for Omaha, Nebraska, dated January 18, 1985. (ii) Additional material. (A) Narrative submittal entitled “Carbon Monoxide State Implementation Plan for Omaha, Nebraska”, including an attainment demonstration. (B) Emission Inventory for carbon monoxide sources. (34) A State Implementation Plan revision to provide for attainment of the carbon monoxide standard in Lincoln was submitted by Governor Kerrey on April 3, 1985. Action was also taken to delete review requirements for complex sources of air pollution in Lincoln; see paragraph (c)(32) of this section. (i) Incorporation by reference. (A) An RFP table from page 18 of the State Implementation Plan Revision for Carbon Monoxide for Lincoln, Nebraska, adopted on March 1, 1985. (ii) Additional material. (A) Narrative submittal entitled, “State Implementation Plan Revision for Carbon Monoxide for Lincoln, Nebraska”, including an attainment demonstration. (B) Emission Inventory for carbon monoxide sources. (35) On February 2, 1987, Nebraska submitted revisions to the lead SIP for Omaha. The revisions contained a revised demonstration of attainment of the lead standard in Omaha, a revised control strategy to provide the lead emission reductions claimed in the demonstration of attainment, and Administrative Order No. 753 dated August 22, 1985, as amended by Amended Administrative Order No. 753 dated May 9, 1986, and by Second Amended Administrative Order No. 753 dated November 12, 1986. All items in the revisions were approved. (i) Incorporation by reference. (A) Administrative Order 753 dated August 22, 1985, issued by the Nebraska Department of Environmental Control to ASARCO Incorporated. (B) Amended Administrative Order 753 dated May 9, 1986, issued by the Nebraska Department of Environmental Control to ASARCO Incorporated. (C) Second Amended Administrative Order 753 dated November 12, 1986, issued by the Nebraska Department of Environmental Control to ASARCO Incorporated. (ii) Additional material. (A) 1986 Revised Demonstration of Attainment and Control Measures for the Nebraska State Implementation Plan for Lead—Omaha, submitted by ASARCO Incorporated, October 3, 1986. (36) Revisions to Chapter 1, “Definitions”, paragraphs 024, 025, 030, 037, 049; and Chapter 5, “Stack Heights: Good Engineering Practice (GEP)”, were submitted by the Governor on May 6, 1986. (i) Incorporation by reference. (A) Revisions to Chapter 1, “Definitions”, paragraphs 024, 025, 030, 037, 049; and Chapter 5, “Stack Heights: Good Engineering Practice (GEP)”, effective May 5, 1986. (ii) Additional material. (A) None. (37) Revised Title 129 of Nebraska Air Pollution Control rules and regulations pertaining to PM10 and other rule revisions submitted by the Governor of Nebraska on June 15, 1988. (i) Incorporation by reference. (A) Nebraska Department of Environmental Control Title 129—Nebraska Air Pollution Control rules and regulations adopted by the Nebraska Environmental Control Council February 5, 1988, effective June 5, 1988. The following Nebraska rules are not approved: Chapter 1, definition at 013, “Best Available Control Technology”; Chapter 4, section 004.01G, except as it applies to lead; Chapter 6, section 002.04 and section 007; Appendix III except for lead; Chapter 6, section 001 pertaining to NSPS; and Chapter 12 pertaining to NESHAP. (B) Nebraska Department of Environmental Control Title 115—Rules of Practice and Procedure, amended effective July 24, 1987. (ii) Additional information. (A) None. (38) Plan revisions were submitted by the Nebraska Department of Environmental Control on March 8, 1991, which implement EPA's October 17, 1988, PSD NOX requirements. (i) Incorporation by reference. (A) Revisions to title 129, chapter 7, entitled “Prevention of Significant Deterioration of Air Quality,” were adopted by the Nebraska Enviromental Control Council on December 7, 1990, and became effective February 20, 1991. (ii) Additional material. (A) Letter from the state submitted March 8, 1991, pertaining to NOX rules and analysis which certifies the material became effective on February 20, 1991. (39) Plan revisions were submitted by the Governor of Nebraska on March 8, 1991. (i) Incorporation by reference. (A) Revisions to Nebraska Department of Environmental Control Title 129—Nebraska Air Pollution Control Rules and Regulations adopted by the Nebraska Environmental Control Council December 7, 1990, effective February 20, 1991. Revisions to the following sections are approved in this action: Chapter 1 (deletion of section 068), chapter 3 (deletion of “National” from the chapter title), chapter 4 (section 004.02), chapter 7 (section 001), chapter 10 (section 002), chapter 11 (section 002 and section 005), chapter 15 (section 002.07C), and chapter 16 (sections 001, 002.01, 002.02, and 002.03.) (40) The Nebraska Department of Environmental Quality submitted the Small Business Assistance program State Implementation Plan revision on November 12, 1992. (i) Incorporation by reference. (A) Revision to the Nebraska State Implementation Plan for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program was adopted by the state of Nebraska on November 12, 1992, and became effective on the same date. (41) On February 16, 1994, the Director of the Nebraska Department of Environmental Quality submitted revisions to the State Implementation Plan (SIP) to create a Class II operating permit program, Part D NSR rule changes, SO2 rule corrections, and the use of enhanced monitoring. (i) Incorporation by reference. (A) Revised rules “Title 129—Nebraska Air Quality Regulations,” effective December 17, 1993. This revision approves all chapters except for parts of Chapters 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15 that pertain to Class I permits; Chapter 17 as it relates to hazardous air pollutants; and excludes Chapters 23, 25, 26, 27, 28, 29, and 31. (B) “Title 115—Rules of Practice and Procedure,” effective August 8, 1993, and submitted as an SIP revision on February 16, 1994. (ii) Additional material. (A) Letter from Nebraska to EPA Region VII dated February 16, 1994, regarding a commitment to submit information to the RACT/BACT/LAER Clearinghouse as required in section 173(d) of the Clean Air Act. (B) Letter from Nebraska to EPA Region VII dated June 10, 1994, regarding the availability of state operating permits to EPA and specified emissions limitations in permits. (C) Letter from Nebraska to EPA Region VII dated November 7, 1994, regarding the increase in New Source Review (NSR) permitting thresholds. (42) A Plan revision was submitted by the Nebraska Department of Environmental Quality on June 14, 1995, which incorporates by reference EPA's regulations relating to determining conformity of general Federal actions to State or Federal Implementation Plans. (i) Incorporation by reference. (A) A revision to title 129, adding chapter 40, entitled “General Conformity” was adopted by the Environmental Quality Council on December 2, 1994, and became effective on May 29, 1995. (43) On June 14, 1995, the Director of the Nebraska Department of Environmental Quality submitted revisions to the State Implementation Plan (SIP) to modify the Class II operating permit program. (i) Incorporation by reference. (A) Revised rules “Title 129—Nebraska Air Quality Regulations,” effective May 29, 1995. This revision applies to chapters 5, 7, 12, 17, 19, 25, 41 and deletes chapters 42, 43 and 44. (ii) Additional material. (A) None. (44) On May 31 and June 2, 1995, the Director of the Nebraska Department of Environmental Quality (NDEQ) submitted revisions to the SIP to update the local ordinances of the Lincoln-Lancaster County Health Department and city of Omaha, respectively, and to create Federally enforceable Class II operating permit programs for these agencies. (i) Incorporation by reference. (A) 1993 Lincoln-Lancaster County Air Pollution Control Program, Version March 1995, effective May 16, 1995. This includes the following citations: Article I (except Section 6); Article II, Sections 1–12, 14–17, 19–20, 22, 24–25, 32–38; and Appendix I. (B) Ordinance No. 33102 dated November 2, 1993, which adopts Chapter 41, Article I, Sections 41–4 through 41–6; 41–9; 41–10; Article II, Sections 41–23; 41–27; 41–38; and 41–40 and Article IV of the Omaha Municipal Code. Ordinance No. 33506 dated March 21, 1995, amends Chapter 41, Article I, Sections 41–2 and 41–9 of the Omaha Municipal Code and adopts Title 129, Nebraska Air Quality Regulations, approved December 2, 1994. (ii) Additional material. (A) Letter from the city of Omaha dated September 13, 1995, regarding adequate authority to implement section 112(l). (B) Letter from the NDEQ dated November 9, 1995, regarding rule omissions and PSD. (45) A revision to the Nebraska SIP to reduce lead emissions in the Omaha lead nonattainment area sufficient to bring that area back into attainment with the lead National Ambient Air Quality Standard. (i) Incorporation by reference. (A) Amended Complaint and Compliance Order Case No. 1520, signed June 6, 1996, except for paragraph 19 and accompanying work practice manual in Appendix A. (ii) Additional material. (A) Supplemental document entitled, “Methods for Determining Compliance” submitted by the state to provide additional detail regarding the compliance methods for this Order. [37 FR 10877, May 31, 1972. Redesignated and amended at 64 FR 7103, Feb. 12, 1999] Editorial Note: For Federal Register citations affecting §52.1426, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1427 Operating permits. top Emission limitations and related provisions which are established in the city of Omaha and Lincoln-Lancaster operating permits as Federally enforceable conditions shall be enforceable by EPA. The EPA reserves the right to deem permit conditions not Federally enforceable. Such a determination will be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirement which do not conform with the operating permit program requirements or the requirements of EPA underlying regulations. [61 FR 5701, Feb. 14, 1996] §§ 52.1428-52.1435 [Reserved] top § 52.1436 Significant deterioration of air quality. top The requirements of sections 160 through 165 of the Clean Air Act are met except as noted in paragraphs (a) and (b) of this section. The EPA is retaining §52.21 except paragraph (a)(1) as part of the Nebraska SIP for the following types of sources: (a) Sources proposing to construct on Indian lands in Nebraska; and, (b) Enforcement of permits issued by EPA prior to the July 28, 1983, delegation of authority to Nebraska. [49 FR 29599, July 23, 1984, as amended at 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003] Subpart DD—Nevada top § 52.1470 Identification of plan. top Link to an amendment published at 71 FR 14388, Mar. 22, 2006. Link to an amendment published at 71 FR 15043, Mar. 27, 2006. (a) Title of plan: “Air Quality Implementation Plan for the State of Nevada.” (b) The plan was officially submitted on January 28, 1972. (1) Previously approved on May 31, 1972 and now deleted without replacement Rules 2.8 and 2.11. (c) The plan revisions listed below were submitted on the dates specified. (1) Errata sheet to the plan was submitted on April 26, 1972, by the Division of Health. (2) Washoe County regulations submitted on June 12, 1972, by the Governor. (3) Compliance schedules submitted on July 14, 1972, by the Governor. (4) Legal opinions concerning the plan submitted on November 17, 1972, by the Office of the Attorney General. (5) Amended Clark County regulations submitted on January 19, 1973, by the Governor. (i) Previously approved on May 14, 1973 in paragraph (c)(5) of this section and now deleted without replacement: Section 15 (Prohibition of Nuisance Conditions) and Section 29 (Odors in the Ambient Air). (6) Amendments to the Nevada Air Quality Regulations NAQR to regulate construction of complex sources (Article 13) submitted on April 1, 1974, by the Governor. (7) Amendments to the NAQR to regulate sulfur emissions from nonferrous smelters; (Article 8.1); to regulate and monitor visible emissions from stationary sources (Article 4); and to allow supplementary control systems (Article 14); submitted on June 14, 1974, by the Governor. (8) Amendments to the NAQR to regulate open burning (Article 5.2.3 and 5.2.4), and to regulate the construction of complex sources (Article 13), submitted on November 12, 1974, by the Governor. (9) Administrative procedures for the review of complex sources submitted on December 11, 1974, by the Governor's representative. (10) Amendments to the Nevada Revised Statutes (NRS) (1975 Legislative Session) on motor vehicle inspection and testing (NRS 445.640, 445.700, 482.640 and 169.125), public availability of emission data (NRS 445.576), organization (NRC 445.481 and 481.——). (Section 1 of 1975 Assembly Bill 326), stack testing (NRS 445.447), and alleged violations (NRS 445.526) submitted on September 10, 1975 by the Governor. (11) Amendments to the NAQR, as amended through September 18, 1975, submitted on October 31, 1975, by the Governor, as follows: Article 1—Definitions: 1.6–1.13, 1.15–1.33, 1.35–1.69; Article 2—General Provisions: 2.4.1–2.4.4, 2.5.1, 2.5.2, 2.5.4, 2.6.1–2.6.4, 2.7.1, 2.8.1, 2.8.4, 2.8.5.1, 2.9.1–2.9.3, 2.9.5–2.9.7, 2.10.1.2, 2.10.2–2.10.4, 2.11.4.2; Article 3—Registration Certificates and Operating Permits: 3.1.3, 3.1.5, 3.1.6, 3.1.8a & d-i, 3.1.9, 3.2.2–3.2.6, 3.3.2, 3.3.5, 3.4.1, 3.4.6–3.4.14; Article 4—Visible Emissions From Stationary Sources: 4.1, 4.2, 4.3.5, 4.4–4.4.2; Article 5—Open Burning: 5.2.3, 5.2.4; Article 6—Incinerator Burning: 6.3–6.6.2; Article 7—Particulate Matter: 7.1.3, 7.2.1–7.2.3, 7.3.1–7.3.3; Article 8—Sulfur Emissions: 8.1.1, 8.1.2, 8.1.4, 8.2.2.1, 8.3–8.4; Article 9—Organic Solvent, Other Volatile Compounds: 9.1, 9.2–9.2.1.1, 9.2.2, 9.2.3; Article 10—Odors: 10.2.1.1, 10.2.1.2; Article 11—Mobile Equipment: 11.3–11.7.1, 11.7.4–11.7.5, 11.10, 11.10.1, 11.11–11.14.17. (12) Amendments to miscellaneous Nevada air quality control regulations and to other sections of the State plan submitted on December 10, 1976, by the Governor, as follows: Article 1—Definitions: 1.1–1.213; Article 2—General Provisions: 2.5.3, 2.6.2–2.6.9, 2.7.1–2.7.4, 2.8.5.2, 2.16, 2.17; Article 3—Registration Certificates and Operating Permits, 3.1.9.1, 3.2.1; Article 7—Particulate Matter: 7.2.4; Article 8—Sulfur Emissions: 8.2.2–8.2.4; Article 11—Mobile Equipment: 11.7.6, 11.8, 11.9, 11.10.2; Section 3—Air quality data: 3.2; Section 4—Emissions summary: 4.2; Section 5—Control strategy: 5.1, table 5.1, table 5.2; Section 10—Air quality surveillance network: Monitoring network table, sampling sites modification table. (13) Amendments to the NAQR and the control strategy submitted on October 7, 1976, by the Governor. (i) Article 7—Particulate Matter: 7.2.7; Table 4.2—Emissions Inventory Summary for Particulates. Table 5.2—Summary of Control Strategy Analysis for Particulates. (14) The following amendments to the plan were submitted on December 29, 1978, by the Governor. (i) Nevada State Emergency Episode Plan Sections: 6.1.4, 6.1.5, 6.5.2.2; Tables: 6.1, 6.2 (Stages 1, 2, and 3), 6.3; Air Pollution Episode Notice; Episode Communication Checklist. (ii) Nevada Revised Statutes Policy Declarations; Definitions: 445.401, 445.406, 445.411, 445.416, 445.421, 445.424, 445.427, 445.431, 445.441, 445.446; State Environmental Commission: 445.451, 445.456, 445.461, 445.466, 445.471, 445.472, 445.473, 445.474, 445.476; Local Hearing Boards: 445.486; Enforcement Provisions: 445.491, 445.496, 445.497, 445.498, 445.499, 445.501; Variances: 445.506, 445.511, 445.516, 445.521; Hearings, Orders Respecting Violations: 445.529; Local Air Pollution Control Programs: 445.546, 445.551, 445.556, 445.561, 445.566; Miscellaneous Provisions: 445.571, 445.581, 445.586, 445.596, 445.598; Penalties: 445.601; Deletions: Senate Bill 275, Sections 8.5, 17(1–4, 6, 7), 27, 38. (A) Previously approved on July 10, 1980 and now deleted without replacement Statutes 445.506, 445.511, 445.516, and 445.521. (iii) Nonattainment area plans for Mason Valley/Fernley Area, Lander County, Carson Desert, Winnemucca Segment, Truckee Meadows, and Las Vegas Valley. (iv) Nevada Revised Statutes, Engine Emission Controls: 445.610, 445.620, 445.625, 445.630, 445.640, 445.650, 445.660, 445.670, 445.680, 445.690, 445.700, 445.705, and 445.710. (v) Nevada Air Quality Regulations for Mobile Equipment: Article 1—Sections 1.1 to 1.38; Article 2—Sections 2.1 to 2.2; Article 3—Sections 3.1 to 3.14.6; and Article 4—Sections 4.1 to 4.20. (vi) Nevada Revised Statute 445.493, Limitations on Enforcement of Regulations as to Indirect Sources and Authority to Review New Indirect Sources. (vii) Amendments to the Nevada Air Quality Regulations: Article 1, Rules 1.44, 1.53, 1.60, 1.98.1; Article 2, Rules 2.2.2, 2.11.7, 2.17.3.2 a/b, 2.17.4, 2.17.4.1, 2.17.9.8, 2.17.10, 2.17.10.1; Article 3, Rules 3.1.1, 3.1.2, 3.1.3, 3.4.11; Article 4, Rule 4.3.[6]4; Article 5, Rule 5.2.4; Article 6, Rule 6.3; Article 7 Rules 7.1.[3]2, 7.3.3; Article 8, Rules 8.2.1.1, 8.2.1.2, 8.2.2, and Article 12, Rule 12.1. (viii) Amendments to the Nevada Air Quality Regulations: Article 1; Article 7, Rules 7.2.8.1—7.2.8.3; Article 16, Rules 16.3.1.2—16.3.3 and Rules 16.15.1—16.15.4. (15) Redesignation of the Clark-Mohave Interstate AQCR submitted on March 23, 1979, by the Governor. (16) The following amendments to the plan were submitted on July 24, 1979, by the Governor. (i) Amendments to the Nevada Air Quality Regulations: Article I—Definition: No. 2—LAER. (ii) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: Section 15—Source Registration, 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 15.7, 15.8, 15.9, 15.10, 15.11, and 15.12; Section 50—Storage of Petroleum Products; Section 51—Petroleum Product Loading into Tank Trucks, and Trailers; and Section 52—Handling of Gasoline at Service Stations, Airports and Storage Tanks. (iii) Amendments to the Washoe County District Board of Health Air Pollution Control Regulations: Definitions, Sections 010.011, 010.014, 010.028, 010.057, 010.059, 010.071, 010.072, 010.091, 010.106, 010.107B, 010.108, 010.116, 010.117, 010.136, 010.148, 010.149, 010.151, 010.166, 010.197, and 010.1751; Source Registration and Operation, Sections 030.000, 030.005, 030.010, 030.015, 030.025, 030.030, 030.110, 030.115 (1 and 5)B, 030.120, 030.1201, 030.205, 030.210, 030.215, 030.245, and 030.250; Section 040.070—Storage of Petroleum Products; Section 040.075—Gasoline Loading into Tank Trucks and Trailers; Section 040.080—Gasoline unloading from Tank Trucks and Trailers into Storage Tanks; Section 040.085—Organic Solvents; and Section 040.090—Cut-Back Asphalt. (iv) Paving schedules for the following Nonattainment Area Plans: Mason Valley/Fernley Area, Carson Desert, Winnemucca Segment, and Lander County. (v) Amendments to the Las Vegas Valley Nonattainment Area Plan: Two memoranda of understanding between Clark County, the Health District, and the Transportation Policy Committee. (vi) Nevada Revised Statutes, Engine Emission Control: 445.632, 445.634, 445.635, and 445.644. (vii) Lake Tahoe Basin Nonattainment Area Plan. (viii) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: Section 2, Rules 2.1, 2.2, 2.3; Section 3, Rule 3.1; Section 4, Rules 4.1—4.11; Section 5, Rule 5.1; Section 6, Rule 6.1; Section 7, Rules 7.1—7.19; Section 8, Rules 8.1, 8.2, 8.7 (deletion); Section 9, Rules 9.1—9.3; Section 10; Section 16, Rules 16.1,—16.5, 16.6 (Operating Permits), 16.6 (Emission of Visible Air Contaminants) (deletion), 16.7—16.9; Section 17, Rules 17.1.—17.8; Section 18, Rules 18.1—18.12; Section 23, Rules 23.1—23.5; Section 24, Rules 24.1—24.5; Section 25, Rules 25.1, 25.2, 25.4 (deletion); Section 26, Rules 26.1—26.3; Section 27, Rules 27.1, 27.2, 27.3, 27.4; Section 28, Rules 28.1, 28.2; Section 29; Section 30, Rules 30.1—30.7; Section 31; Section 32, Rules 32.1, 32.2; Section 40, Rule 40.1; Section 41, Rules 41.1—41.4; Section 42, Rules 42.1—42.4; Section 43, Rule 43.1; Section 70, Rules 70.1—70.6; Sections 80, and 81. (A) Previously approved on August 27, 1981 and now deleted without replacement Section 9, Rules 9.2 to 9.3. (B) Previously approved on August 27, 1981 at (c)(16)(viii) and now deleted Section 17, Rules 17.1–17.8. (C) Previously approved on August 27, 1981 in paragraph (c)(16)(viii) of this section and now deleted without replacement: Section 40, Rule 40.1 (Prohibition of Nuisance Conditions); Section 42, Rule 42.2 (open burning); and Section 43, Rule 43.1 (Odors in the Ambient Air). Editorial Note: At 47 FR 27071, June 23, 1982, the following paragraph (c)(16)(viii) was added to §52.1470. (viii) Repeal and removal of all references to Indirect (Complex) Sources in the following rules or portions of rules in the Nevada Air Quality Regulations. Article 1—Definitions: 1.12, 1.95, 1.147(b), and 1.202. Article 2—Registration Certificates and Operating Permits: 3.1.9, 3.2.1, 3.2.2, and 3.2.5. Article 13—Point Sources: 13.1.1, 13.1.2, 13.2, and 13.2.1 to 13.5.3. (ix) Amendments to the Washoe County District Board of Health Air Pollution Control Regulations: Sections 020.055, 030.300, 030.305, 030.310, 030.3101–030.3105, 030.3107, and 030.3108 and the following deletions: 010.115, 050.005, 050.010, 050.015, 050.020, 050.025, 050.030, and 050.035. (x) Amendments to the Nevada Air Quality Regulations: Article 12, Lead (Pb). (17) The following amendments to the plan were submitted on September 18, 1979, by the Governor. (i) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: Section 1—Definitions (except 1.14, 1.15, 1.79, and 1.94); Section 15.14—Source Registration Requirements for Areas Exceeding Air Quality Standards; and Section 60—Evaporation and Leakage. (ii) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: Section 1, Rules 1.79, 1.94; Section 11, Rules 11.1, 11.1.1–11.1.8, 11.2, 11.2.1–11.2.3, 11.3, 11.3.1, 11.3.2, 11.4, and Section 13, Rule 13.5 (deletion). (A) Previously approved on August 27, 1981 in paragraph (c)(17)(ii) of this section and now deleted without replacement: Section 1, Rules 1.79, 1.94. (18) Amendments to the Nevada Air Quality Regulations submitted on March 17, 1980, by the Governor. (i) Article 13.1.3—Point Sources and Registration Certificates. (19) The following amendments to the plan were submitted on June 24, 1980, by the Governor. (i) Section 10—State of Nevada Ambient Air Quality Monitoring and Surveillance. (ii) Amendment to the Nevada Air Quality Regulations: Article 4, Rule 4.3.6. (iii) Clark County, Nevada Lead SIP. (20) The following amendment to the plan was submitted on August 19, 1980 by the Governor. (i) Request for Extension of the Carbon Monoxide Attainment Date for the Truckee Meadows Nonattainment Area. (21) The following amendments to the plan were submitted on October 13, 1980, by the Governor. (i) Amendments to the Nevada Revised Statutes: 704.820 through 704.900 (Utility Environmental Protection Act). (ii) Rule 25, of General Order No. 3, Nevada Public Service Commission. (22) The following amendments to the plan were submitted on November 5, 1980, by the Governor. (i) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: Section 4, Rules 4.12, 4.12.1–4.12.3. (ii) Amendments to the Nevada Air Quality Regulations: Article 7, Rules 7.2.5, 7.2.5.1, 7.2.9; and Article 8, Rule 8.3.4. (23) The following amendments to the plan were submitted on March 4, 1981, by the Governor: (i) Las Vegas Valley Air Quality Implementation Plan (excluding Clark County Air Pollution Control Regulations). (24) The following amendments to the plan were submitted on November 17, 1981 by the Governor. (i) Amendments to the Nevada Air Quality Regulations: Article 14.1. (ii) Resolution of the Washoe Council of Governments adopted August 28, 1981 and Endorsement of the State Environmental Commission dated October 15, 1981. (iii) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: Section 1—Definitions 1.7, 1.13, 1.14, 1.15, 1.32, 1.48, 1.50, 1.52, 1.57, 1.67, 1.72, 1.90 and the addition of the following unnumbered definitions: “Emission Unit,” “Criteria Pollutant,” “Non-Criteria Pollutant,” “Baseline Area,” “Begin Actual Construction,” “Building, Structure, Facility, or Installation,” “Particulate Precursor,” “Secondary Emissions,” and “Significant.” Section 15—Source Registration, 15.1, 15.1.1, 15.1.2, 15.1.3, 15.1.4, 15.1.5, 15.1.6, 15.1.7, 15.1.8, 15.2; 15.2.1, 15.2.2, 15.3, 15.4, 15.5; Preconstruction Review for New and Modified Sources, 15.6, 15.6.1, 15.6.1.1, 15.6.1.2 (deleted), 15.6.1.6, 15.6.2, 15.6.2.1 (deleted), 15.6.2.2, 15.6.2.3, 15.6.2.4, 15.6.2.5, 15.6.3, 15.6.3.1, 15.6.3.2 to 15.6.3.5 (added), 15.6.6, 15.7, 15.8, 15.9, 15.10, 15.10.1, 15.10.2, 15.10.3, 15.10.4, 15.11, 15.12; Prevention of Significant Deterioration, 15.13 (added); Preconstruction Review Requirements for New or Modified Sources in Areas Exceeding Air Quality Standards (“Offset” Rules), 15.14.1, 15.14.1.2, 15.14.1.3 (added), 15.14.3.1, 15.14.3.2, 15.14.4, 15.14.4.1, 15.14.4.3, 15.14.3.3 (added), 15.14.4.3.4 (added), 15.14.4.3.5 (added) and, 15.14.4.4 (deleted). (iv) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: Section 4, Rule 4.7.3; Section 7; Section 9, Rules 9.1; Section 16; Section 17, Rules 17.2.1 and 17.6.1; Section 18, Rules 18.1—18.5.2; Section 23, Rules 23.2.1—23.3.1.2 and Rules 23.3.4—23.3.5; Section 27; Section 30, Rules 30.4 and 30.8; Section 52, Rules 52.4.2.3 and 52.7.2; and Section 60, Rules 60.4.3. (A) Previously approved on June 18, 1982 and now deleted without replacement Section 7, Rules 7.1 to 7.19 and Section 9, Rule 9.1. (B) Previously approved on June 18, 1982 at (c)(24)(iv) and now deleted Section 17, Rules 17.2.1 and 17.6.1. (v) Nevada State Lead SIP Revision submitted by the State on November 5, 1981. (vi) Amendment to the Clark County District Board of Health Air Pollution Control Regulations: Section 60, Rule 60.4.2. (25) The following amendments to the plan were submitted on October 26, 1982, by the Governor. (i) Amendments of Chapter 445 of the Nevada Administrative Code. (A) New or amended sections 445.430–445.437, 445.439–445.447, 445.451, 445.453–445.472, 445.474–445.477, 445.480–445.504, 445.509–445.519, 445.522–445.537, 445.539, 445.542–445.544, 445.546–445.549, 445.551, 445.552, 445.554–445.568, 445.570, 445.572–445.587, 445.589–445.605, 445.608–445.612, 445.614–445.622, 445.624, 445.626, 445.627, 445.629–445.655, 445.660, 445.662–445.667, 445.682, 445.685–445.700, 445.704–445.707, 445.712–445.716, 445.721, 445.723, 445.729–445.732, 445.734, 445.742, 445.743, 445.746, 445.753, 445.754, 445.764, 445.844, and 445.845. (26) The following amendments to the plan were submitted on September 14, 1983 by the Governor. (i) Amendments to Chapter 445 of the Nevada Administrative Code. (A) New or amended Sections 445.732, 445.808 (paragraphs (1), (2)(a-c), and (3)–(5)), 445.815 (paragraphs (1), (2)(a)(1 and 2), and (3)–(5)), 445.816 (paragraphs (1), (2)(a-i), and (3)–(5)), 445.843, and 445.846 (paragraphs (1), (3), and (4)). (ii) The Truckee Meadows Air Quality Implementation Plan 1982 Update except for the attainment and RFP demonstrations and Legally Enforceable Measures portions of the plan. (iii) Amendments related to Nevada's inspection and maintenance (I/M) program. (A) State legislation (AB 677) which defers the start-up of the annual I/M program from July 1, 1983 to October 1, 1983. (B) An I/M public education plan. (C) Revisions to the Engine Emission Control Regulations (Nevada Administrative Code 455.851 to 445.945). (27) The following amendments to the plan were submitted on December 9, 1982, by the State: (i) Emission reduction estimates and/or changes in vehicular activity for the adopted control measures. (ii) A modeling analysis indicating 1982 attainment. (iii) Documentation of the modeling analysis including air quality, traffic and meteorological data: (iv) Evidence of implementation and/or future commitments for the adopted control measures. (v) Appendix of previous reports, measured data and other official correspondence including: (A) Resource commitments from the responsible agencies for implementing the RFP, (B) 1979 and 1980 Annual Reports for the Lake Tahoe Air Basin, and (C) 1981 Nevada Air Quality Report. (28) The following amendments to the plan were submitted on December 16, 1982 by the State: (i) Additional evidence of commitment to the control evidence by the responsible state and/or local agencies, (ii) Additional supporting documentation for the 1982 attainment modeling analysis which included revised technical data on measured and modeled CO traffic volumes, and a revised narrative on the calibration constant and the impacts to the model. (29) The following amendments to the plan were submitted on January 28, 1983 by the State: (i) Response to EPA's preliminary evaluation, specifying documentation for calibrating the model, the mobile source emission factors, and additional traffic data. (ii) Conversion factors for the model. (iii) A revised 1982 attainment modeling analysis and supporting documentation including: (A) 1979, 1980–82 traffic data for the Stateline Area, (Appendix A); (B) Stateline Cold Start/Hot Start Analysis, (Appendix B); (C) Portions of the Highway 50 Corridor Study, June 1979 (Appendix C); (D) Reference from Transportation and Traffic Engineering Handbook, (1979), (Appendix D); and (E) Revised Caline 3 and Mobile 2 modeling analysis using both 27% and 50% cold start factors, (Appendix E). (30) The following amendments to the plan were submitted on May 5, 1983 by the State: (i) “Stateline, Nevada, 1983 Carbon Monoxide Study”—a traffic, ambient air monitoring and predictive modeling report, and (ii) A revised analysis of the Caline 3 model verifying 1982 attainment, based on data collected in February and March 1983. (31) The following amendments to the plan were submitted on May 30, 1984, by the Governor. (i) Washoe County, Nevada Lead SIP Revision. (32) The Las Vegas Valley 1982 Air Quality Implementation Plan (AQIP) Update for carbon monoxide submitted by the Governor on June 23, 1982. (33) On January 11, 1985, the following amendments to the plan were submitted by the State. (i) Incorporation by reference. (A) Las Vegas Valley Air Quality Implementation Plan, Post 1982 Update for Ozone adopted on October 16, 1984 (including section 33 (Chlorine in Chemical Processes)), adopted May 18, 1984). (ii) Additional material. (A) Emissions Inventory for 1995, transmitted by a letter dated March 14, 1986. (34) Program elements were submitted on June 28, 1994 by the Governor's designee. (i) Incorporation by reference. (A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on June 28, 1994. (35) Program elements were submitted on July 5, 1995 by the Governor's designee. (i) Incorporation by reference. (A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on July 5, 1995. (36)–(37) [Reserved] (38) On August 7, 1998, regulations for the following Health District were submitted by the Governor's designee. (i) Incorporation by reference. (A) Clark County Health District. (1) Section 53 adopted on September 25, 1997. (39) The following plan was submitted on February 14, 1995, by the Governor's designee. (i) Incorporation by reference. (A) Redesignation Request and Maintenance Plan for the National Sulfur Dioxide Standard—Central Steptoe Valley, adopted by Nevada Division of Environmental Protection on February 14, 1995. (40) The following plan supplement was submitted on February 27, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Supplement to the Maintenance Plan for the National Sulfur Dioxide Standard—Central Steptoe Valley (Letter from Allen Biaggi, Administrator, Nevada Division of Environmental Protection, to Wayne Nastri, Regional Administrator, EPA Region IX, dated February 27, 2002). (41) Regulations for the following agencies were submitted on November 19, 2002 by the Governor's designee. (i) Incorporation by reference. (A) Clark County Air Quality Management Board. (1) Clark County Building Code, section 3708, adopted on November 20, 1990. (2) City of Las Vegas Building Code, section 3708, adopted on November 21, 1990. (3) City of North Las Vegas Building Code, section 13.16.150, adopted on September 18, 1991. (4) City of Henderson Building Code, section 15.40.010, adopted on October 15, 1996. (42) The following plan was submitted on July 23, 2001, by the Governor's designee. (i) Incorporation by reference. (A) Clark County Department of Air Quality Management. (1) PM–10 State Implementation Plan for Clark County including: Chapter 3, Chapter 4 (excluding pages 4–125 and 4–126), Chapters 5 through 7, Appendices A through E, Appendix G (excluding pages 90–1 through 90–10, 91–1 through 91–9, 92–1 through 92–7, 93–1 through 93–8, and the following paragraphs of pages 0–1 through 0–46: 0.1–0.24, 0.26–0.32, 0.34, 0.35, 0.38–0.42, 0.44, 0.49, 0.50, 0.52–0.57, 0.59–0.64, 0.66–0.69, 0.71–0.80, 0.82, 0.83, 0.85–0.109, 0.112, 0.113, 0.115, 0.116, 0.118, 0.119, 0.121–0.126, 0.128–0.131, 0.134–0.139, 0.142–0.146, 0.148–0.161, 0.163, 0.165, and 0.167–0.172), Appendix J, and Appendices L through N adopted on June 19, 2001. (43) The following regulations were submitted on October 24, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Clark County Department of Air Quality Management. (1) Sections 90, 91, 92 and 93 adopted on November 20, 2001. (44) The following plan amendments were submitted on November 19, 2002, by the Governor's designee. (i) Incorporation by reference. (A) Clark County Department of Air Quality Management. (1) Pages 4–125 and 4–126 and Appendix R adopted on November 19, 2002. (45) The following plan was submitted on October 27, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Carbon Monoxide Redesignation Request and Limited Maintenance Plan for the Nevada Side of the Lake Tahoe Basin, dated October 2003, adopted by the State Environmental Commission on September 18, 2003. (1) Attainment year (2001) emissions inventory, monitoring network and verification of continued attainment, and contingency plan, including commitments to follow maintenance plan contingency procedures by the Nevada Division of Environmental Protection, the Tahoe Metropolitan Planning Organization, the Nevada Department of Transportation, and the Washoe County District Health Department. (B) Letter of October 27, 2003, from the Nevada Division of Environmental Protection, transmitting the redesignation request and maintenance plan for the Lake Tahoe Nevada CO nonattainment area and including a State commitment to track CO concentrations and to adopt, submit as a SIP revision, and implement expeditiously any and all measures to achieve the level of CO emissions reductions needed to maintain the CO NAAQS in the event that an exceedance of the CO NAAQS is monitored, and to work with the involved jurisdictions to ensure that sufficient measures are adopted and implemented in a timely fashion to prevent a violation. (C) Additional material—Addendum to the October 27, 2003 letter of transmittal of the redesignation request and maintenance plan: emissions projections for on-road motor vehicles through 2016. (46) The following plan revision was submitted on March 20, 1996, by the Governor's designee. (i) Incorporation by reference. (A) Nevada Division of Environmental Protection. (1) State of Nevada State Implementation Plan for an Enhanced Program for the Inspection and Maintenance of Motor Vehicles for Las Vegas Valley and Boulder City, Nevada, revised March 1996, transmitted by letter dated March 20, 1996, including the cover page through page 15, appendix 1 (only the Nevada attorney general's opinion and memorandum dated November 15, 1993 and June 29, 1994, respectively), and appendices 2 through 9. (47) The following plan revision was submitted on August 9, 2000, by the Governor's designee. (i) Incorporation by reference. (A) Clark County Department of Air Quality Management. (1) Carbon Monoxide State Implementation Plan, Las Vegas Valley Nonattainment Area, Clark County, Nevada, August 2000, adopted on August 1, 2000, including the following sections within which certain exceptions are noted but excluding all sections not specifically cited: chapters 1 through 8 (with the exception of chapter 7, subsection 7.2.2, “Contingency Measures”); appendix A, “Emissions Inventory”, sections 1 through 7, and section 8—“Annexes” (with the exception of appendix E, “Quality Assurance/Quality Control”); appendix B, “Transportation Documentation”, section 1; appendix D, “Regulations, Policies and Public Participation Documentation”, section 1—“Cleaner Burning Gasoline (CBG) Regulations and Supporting Documentation” (with the exception of District Board of Health of Clark County Air Pollution Control Regulations section 54 as adopted on April 22, 1999), section 2, section 3, section 4—“Nevada Administrative Code, Chapter 445B: Technician Training and Licensing” (with the exception of NAC 445B.485–445B.487, 445B.489–445B.493, and 445B.495–445B.498), and sections 5 through 9; and appendix E, “Supplemental Technical Support Documentation”, sections 1 through 4, and 7. (48) The following plan revision was submitted on January 30, 2002 by the Governor's designee. (i) Incorporation by reference. (A) Nevada Division of Environmental Protection. (1) New or amended regulations implementing Nevada's vehicle inspection and maintenance program in Las Vegas Valley and Boulder City: Nevada Administrative Code, chapter 445B, sections 445B.400–445B.774 (i.e., “Emissions from Engines”), including the sections under the subheadings “General Provisions,” “Facilities for Inspection and Maintenance,” “Inspectors,” “Exhaust Gas Analyzers,” “Control of Emissions: Generally” [excluding sections 445B.576–445B.578, and excluding section 445B.594 (“Inspections required in Washoe County”)], “Restored Vehicles,” “Miscellaneous Provisions,” but excluding the sections under the subheading “Control of Emissions: Heavy-Duty Motor Vehicles” (i.e., sections 445B.737–445B.774), codification as of February 2002 by the Legislative Counsel Bureau. (ii) Additional material. (A) Nevada Division of Environmental Protection. (1) NV2000 Analyzer Electronic Data Transmission Equipment Specifications (June 15, 2000), revision 5, November 8, 2000. (49) The following plan revisions were submitted on June 4, 2002 by the Governor's designee. (i) Incorporation by reference. (A) Nevada Division of Environmental Protection. (1) New or amended statutes related to Nevada's vehicle inspection and maintenance program in Las Vegas Valley and Boulder City, as amended through the 2001 Legislative sessions: Nevada Revised Statutes, title 40, chapter 445B, sections 445B.210, 445B.700, 445B.705, 445B.710, 445B.715, 445B.720, 445B.725, 445B.730, 445B.735, 445B.740, 445B.745, 445B.750, 445B.755, 445B.758, 445B.760, 445B.765, 445B.770, 445B.775–445B.778, 445B.780, 445B.785, 445B.790, 445B.795, 445B.798, 445B.800, 445B.805, 445B.810, 445B.815, 445B.820, 445B.825, 445B.830, 445B.832, 445B.834, 445B.835, 445B.840, and 445B.845, and title 43, chapter 482, section 482.461, transmitted by letter dated June 4, 2002. (2) New regulation establishing the State's low Reid Vapor Pressure wintertime requirement for gasoline sold in Clark County: Nevada Administrative Code, chapter 590, section 590.065 as adopted on October 28, 1998 (made effective December 14, 1998) by the State Board of Agriculture. (3) Regulation R017–02, adopted on March 8, 2002 by the Nevada State Environmental Commission: New or amended rules in Chapter 445B of the Nevada Administrative Code removing the limitation on applicability of, and removing the restrictive trigger for effectuating the implementation of, the on-board diagnostics systems test for Nevada's vehicle inspection and maintenance program. (ii) Additional material. (A) Nevada Division of Environmental Protection. (1) Contract between Nevada Department of Motor Vehicles and MD LaserTech for on-road testing services, dated January 15, 2002. (50) The following plan revision was submitted on September 9, 2003 by the Governor's designee. (i) Incorporation by reference. (A) Nevada Division of Environmental Protection. (1) New or amended statutes related to Nevada's vehicle inspection and maintenance program in Las Vegas Valley and Boulder City, as amended through the 2001 Legislative sessions: Nevada Revised Statutes, title 43, chapter 481, sections 481.019, 481.023, 481.027, 481.031, 481.035, 481.043, 481.047, 481.0473, 481.0475, 481.0477, 481.048, 481.0481, 481.051, 481.052, 481.055, 481.057, 481.063, 481.065, 481.079, 481.081, 481.082, 481.083, 481.085, and 481.087; title 43, chapter 482, sections 482.155, 482.160, 482.162, 482.165, 482.170, 482.171, 482.173, 482.175, 482.180, 482.1805, 482.181, 482.183, 482.186–482.188, 482.205, 482.206, 482.208, 482.210, 482.215, 482.216, 482.220, 482.225, 482.230, 482.235, 482.240, 482.245, 482.255, 482.260, 482.265–482.268, 482.270, 482.2703, 482.2705, 482.271, 482.2715, 482.2717, 482.272, 482.274, 482.275, 482.280, 482.2805, 482.2807, 482.281, 482.283, 482.285, 482.290, 482.385, and 482.565; and title 43, chapter 484, sections 484.644 and 484.6441, transmitted by letter dated September 9, 2003. (51) The following plan revision was submitted on September 24, 2003 by the Governor's designee. (i) Incorporation by reference. (A) Nevada Division of Environmental Protection. (1) Regulation R178–01, adopted on July 11, 2002 by the Nevada Department of Motor Vehicles (and made effective August 21, 2002): New or amended rules in Chapter 445B of the Nevada Administrative Code establishing on-board diagnostics systems test procedures for Nevada's vehicle inspection and maintenance program. (52) The following plan revision was submitted on November 10, 2003 by the Governor's designee. (i) Incorporation by reference. (A) Clark County Department of Air Quality Management. (1) New or amended Section 53—Oxygenated Gasoline Program, and Section 54—Cleaner Burning Gasoline (CBG): Wintertime Program, adopted on May 20, 2003 (made effective June 3, 2003). (53) The following plan revision was submitted on October 23, 2003, by the Governor's designee. (i) Incorporation by reference. (A) Clark County Department of Air Quality and Environmental Management. (1) New or amended rules adopted on October 7, 2003 by the Clark County Board of County Commissioners: Clark County Air Quality Regulations section 0 (Definitions), section 11 (Ambient Air Quality Standards), section 12 (Preconstruction Review for New or Modified Stationary Sources), excluding subsection 12.2.18 and 12.2.20, section 58 (Emission Reduction Credits), and section 59 (Emission Offsets), excluding subsection 59.2 (“Local Offset Requirements”). (54) The following plan revision was submitted on November 20, 2003 by the Governor's designee. (i) Incorporation by reference. (A) Nevada Division of Environmental Protection. (1) Nevada Administrative Code section 445B.22083, adopted March 3, 1994 (effective March 29, 1994), by the State Environmental Commission. (55) [Reserved] (56) The following regulations and statutes were submitted on January 12, 2006, by the Governor's designee. (i) Incorporation by reference. (A) Nevada Division of Environmental Protection. (1) The following sections of the Nevada Air Quality Regulations were adopted on the dates listed below and recodified as Chapter 445B of the Nevada Administrative Code in November 1994: (i) September 16, 1976: 445B.002, 445B.009, 445B.022, 445B.042, 445B.047, 445B.053, 445B.080, 445B.086, 445B.091, 445B.095, 445B.106, 445B.121, 445B.122, 445B.127, 445B.129, 445B.144, 445B.161, 445B.163, 445B.167, 445B.174, 445B.176, 445B.185, 445B.198, 445B.205, 445B.207, 445B.2204, and 445B.2209. (ii) November 8, 1977: 445B.168. (iii) September 12, 1978: 445B.125. (2) The following sections of Chapter 445 of the Nevada Administrative Code were adopted on the dates listed below and recodified as Chapter 445B of the Nevada Administrative Code in November 1994: (i) August 19, 1982: 445B.004 and 445B.060. (ii) September 3, 1987: 445B.018, 445B.030, 445B.051, 445B.072, 445B.097, 445B.119, 445B.151, and 445B.209. (iii) August 29, 1990: 445B.073. (iv) November 18, 1991: 445B.135. (v) November 3, 1993: 445B.055, 445B.056, and 445B.061. (vi) March 3, 1994: 445B.075, 445B.103, 445B.109, and 445B.182. (3) The following sections of Chapter 445B of the Nevada Administrative Code were adopted on the dates listed below: (i) October 3, 1995: 445B.005, 445B.059, 445B.077, 445B.112, 445B.116, 445B.130, 445B.145, 445B.152, 445B.177, and 445B.180. (ii) January 22, 1998: 445B.011, 445B.0425, and 445B.058. (iii) September 9, 1999: 445B.22047. (iv) May 10, 2001: 445B.113 and 445B.1135. (v) September 18, 2001: 445B.006. (vi) February 26, 2004: 445B.22067, 445B.2207, and 445B.22097. (vii) August 19, 2004: 445B.001, 445B.211, 445B.22043, 445B.2205, and 445B.230. [37 FR 10878, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1470, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1471 Classification of regions. top The Nevada plan is evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Las Vegas Intrastate...................................... I IA III I I Northwest Nevada Intrastate............................... I III III III III Nevada Intrastate......................................... IA IA III III III ---------------------------------------------------------------------------------------------------------------- [45 FR 7545, Feb. 4, 1980] § 52.1472 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves Nevada's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. (b) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph. (1) Mason Valley/Fernley Area for TSP. (2) Lower Reese River Valley/Clovers Area for TSP. (3) Carson Desert for TSP. (4) Winnemucca Segment for TSP. (5) Truckee Meadows for TSP and CO. (6) Las Vegas Valley for TSP and CO. (7) Lake Tahoe Basin for CO. (c) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in the 1977, for the nonattainment areas listed in this paragraph. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the State Implementation Plan (SIP) depends on the adoption and submittal by January 1, 1981 of reasonably available control technology (RACT) requirements for sources covered by Control Technique Guidelines (CTG's) published between January 1978 and January 1979. (1) Truckee Meadows for O3. (2) Las Vegas Valley for O3. [46 FR 21766, Apr. 14, 1981, as amended at 47 FR 27069, June 23, 1982] § 52.1473 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met in Washoe County, since the plan does not provide procedures for making emission data, as correlated with allowable emissions, available to the public. In addition, Chapter 020.065 of the “Air Pollution Control Regulations” of the District Board of Health of Washoe County in the Northwest Nevada Intrastate Region is disapproved since it contains provisions which restrict the public availability of emission data as correlated with applicable emission limitations and other control measures. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1–June 30 and July 1–December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [37 FR 10878, May 31, 1972, as amended at 37 FR 15086, July 27, 1972; 38 FR 12708, May 14, 1973; 40 FR 55331, Nov. 28, 1975; 43 FR 1342, Jan. 24, 1978; 51 FR 40676, Nov. 7, 1986] § 52.1474 Part D conditional approval. top (a) The following portions of the Nevada SIP contain deficiencies with respect to Part D of the Clean Air Act which must be corrected within the time limit indicated. (1)–(4) [Reserved] [46 FR 21766, Apr. 14, 1981, as amended at 47 FR 15792, Apr. 13, 1982; 47 FR 27069, June 23, 1982; 49 FR 6900, Feb. 24, 1984] § 52.1475 Control strategy and regulations: Sulfur oxides. top (a) The requirements of subpart G of this chapter are not met since the plan does not adequately provide for attainment and maintenance of the National Ambient Air Quality Standards for sulfur oxides in the Nevada Intrastate Region. (b) Article 8.1.3 of Nevada's “Air Quality Regulations” (emission limitation for sulfur from existing copper smelters), which is part of the sulfur oxides control strategy, is disapproved since it does not provide the degree of control needed to attain and maintain the National Ambient Air Quality Standards for sulfur oxides in the Nevada Intrastate Region. (c) Regulation for control of fugitive sulfur oxides emissions (Nevada Intrastate Region). (1) The owner or operator of the Kennecott Copper Company smelter located in White Pine County, Nevada, in the Nevada Intrastate Region shall utilize best engineering techniques for reducing escape of pollutants to the atmosphere and to capture sulfur oxides emissions and vent them through a stack or stacks. Such techniques shall include, but not be limited to: (i) Installing and operating hoods on all active matte tapholes, matte launders, slag skim bays, slag handling operations, and holding ladles on each reverberatory furnace; (ii) Installing tight fitting hoods on each active converter and operating such hoods except during pouring and charging operations; (iii) Maintaining all ducts, flues, and stacks in a leak-free condition; (iv) Maintaining all reverberatory furnaces and converters under normal operating conditions in such a fashion that out-leakage of gases will be prevented to the maximum extent possible; (v) Wherever feasible, ducting emissions through the tallest stack or stacks serving the facility; and (vi) Wherever feasible, passing the effluents from all hooding through the tallest stack or stacks serving the facility. (2) (i) If the owner or operator of the smelter subject to this paragraph is not in compliance with the provisions of paragraph (c)(1) of the section the following compliance schedule shall apply: (a) 30 days after the effective date of this regulation. Let contracts or issue purchase orders for hoods and flues for control of fugitive sulfur oxides emissions or provide evidence that such contracts have been let. (b) July 1, 1975. Initiate on-site construction and/or installation of emission control equipment. (c) July 1, 1976. Complete on-site construction and/or installation of emission control equipment. (d) January 1, 1977. Achieve final compliance with requirements of paragraph (c)(1) of this section. (ii) The owner or operator of the smelter subject to the requirements of this paragraph shall certify to the Administrator within five days after the deadline for each increment of progress, whether or not the required increment of progress has been met. (iii) If the source subject to this paragraph is presently in compliance with the requirements of paragraph (c)(1) of this section, the owner or operator of such source may certify such compliance to the Administrator within thirty (30) days of the effective date of this paragraph. If such certification is acceptable to the Administrator, the applicable requirements of this paragraph shall not apply to the certifying source. The Administrator may request whatever supporting information he considers necessary to determine the validity of the certification. (3) The owner or operator of the smelter subject to this paragraph may submit to the Administrator, no later than thirty (30) days after the effective date of this paragraph, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after January 1, 1977. If approved by the Administrator, such schedule shall satisfy the compliance schedule requirements of this paragraph for the affected source. (d) Regulation for control of sulfur dioxide emissions (Nevada Intrastate Region). (1) The owner or operator of the Kennecott Copper Company smelter located in White Pine County, Nevada, in the Nevada Intrastate Region shall comply with all the requirements of this paragraph, except as provided in paragraph (e) of this section. (2) (i) After July 31, 1977, the owner or operator of the smelter subject to this paragraph shall not discharge or cause the discharge of sulfur dioxide into the atmosphere in excess of 10,150 pounds per hour (4,603 kg/hr.) maximum 6-hour average as determined by the method specified in paragraph (d)(4) of this section. (ii) The limitation specified in paragraph (d)(2)(i) of this section shall apply to the sum total of sulfur dioxide emissions from the smelter processing units and sulfur oxides control and removal equipment, but not including uncaptured fugitive emissions and those emissions due solely to the use of fuel for space heating or steam generation. (3) (i) The owner or operator of the smelter to which this paragraph is applicable shall, no later than 30 days following the effective date of this paragraph, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with paragraph (d)(2) of this section as expeditiously as practicable but not later than July 31, 1977. (ii) The compliance schedule submitted to the Administrator pursuant to paragraph (d)(3)(i) of this section shall provide for increments of progress toward compliance. The dates for achievement of such increments of progress shall be specified. Increments of progress shall include, but not be limited to, the following: (a) Submittal of final control plan to the Administrator for meeting the requirements of paragraph (d)(2) of this section. (b) Letting of necessary contracts or process changes, or issuance of orders for the purchase of component parts, to accomplish emission control or process modification; (c) Initiation of on-site construction or installation of emission control equipment or process modification; (d) Completion of on-site construction or installation of emission control equipment or process modification; (e) Full compliance with the requirements of paragraph (d)(2) of this section. (iii) The owner or operator of the smelter subject to the requirements of this subparagraph shall certify to the Administrator within five days after the deadline for each increment of progress, whether or not the required increment of progress has been met. (iv) Notice must be given to the Administrator at least 10 days prior to conducting a performance test to afford him the opportunity to have an observer present. (v) If the source subject to this paragraph is currently in compliance with the requirement of paragraph (d)(2) of this section, the owner or operator of such source may certify such compliance to the Administrator within thirty (30) days of the effective date of this paragraph. If such certification is acceptable to the Administrator, the applicable requirements of this paragraph (d)(3) of this section shall not apply to the certifying source. The Administrator may request whatever supporting information he considers necessary to determine the validity of the certification. (4)(i) The owner or operator of the smelter to which this paragraph is applicable shall install, calibrate, maintain, and operate a measurement system(s) for continuously monitoring sulfur dioxide emissions and stack gas volumetric flow rates in each stack which emits 5 percent or more of the total potential (without emission controls) hourly sulfur oxides emissions from the source. For the purpose of this paragraph, “continuous monitoring” means the taking and recording of at least one measurement of sulfur dioxide concentration and stack gas flow rate reading from the effluent of each affected stack in each 15-minute period. (ii) Within nine months after the effective date of this paragraph, and at other such times in the future as the Administrator may specify, the sulfur dioxide concentration measurement system(s) installed and used pursuant to this paragraph shall be demonstrated to meet the measurement system performance specifications prescribed in Appendix D to this part. (iii) Within nine months after the effective date of this paragraph, and at other such times in the future as the Administrator may specify, the stack gas volumetric flow rate measurement system(s) installed and used pursuant to this paragraph shall be demonstrated to meet the measurement system performance specifications prescribed in Appendix E to this part. (iv) The Administrator shall be notified at least ten (10) days in advance of the start of the field test period required in Appendices D and E to this part to afford the Administrator the opportunity to have an observer present. (v) The sampling point for monitoring emissions shall be in the duct at the centroid of the cross section if the cross sectional area is less than 4.647 m 2 (50 ft. 2 ) or at a point no closer to the wall than 0.914 m (3 ft.) if the cross sectional area is 4.647 m 2 (50 ft. 2 ) or more. The monitor sample point shall be in an area of small spatial concentration gradient and shall be representative of the concentration in the duct. (vi) The measurement system(s) installed and used pursuant to this section shall be subjected to the manufacturer's recommended zero adjustment and calibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case such specifications or recommendations shall be followed. Records of these procedures shall be made which clearly show instrument readings before and after zero adjustment and calibration. (vii) Six-hour average sulfur dioxide emission rates shall be calculated in accordance with paragraph (d)(5) of this section, and recorded daily. (viii) The owner or operator of the smelter subject to this paragraph shall maintain a record of all measurements required by this paragraph. Measurement results shall be expressed as pounds of sulfur dioxide emitted per six hour period. A 6-hour average value calculated pursuant to paragraph (d)(5)(i) of this section shall be reported as of each hour for the preceding 6-hour period. Results shall be summarized monthly and shall be submitted to the Administrator within fifteen (15) days after the end of each month. A record of such measurements shall be retained for at least two years following the date of such measurements. (ix) The continuous monitoring and recordkeeping requirements of this paragraph shall become applicable nine months after the effective date of this regulation. (5) (i) Compliance with the requirements of paragraph (d)(2) of this section shall be determined using the continuous measurement system(s) installed, calibrated, maintained and operated in accordance with the requirements of paragraph (d)(4) of this section. For all stacks equipped with the measurement system(s) required by paragraph (d)(4) of this section, a 6-hour average sulfur dioxide emission rate shall be calculated as of the end of each clock hour, for the preceding six hours, in the following manner: (a) Divide each 6-hour period into 24 15-minute segments. (b) Determine on a compatible basis a sulfur dioxide concentration and stack gas flow rate measurement for each 15-minute period for each affected stack. These measurements may be obtained either by continuous integration of sulfur dioxide concentration and stack gas flow rate measurements (from the respective affected facilities) recorded during the 15-minute period or from the arithmetic average of any number of sulfur dioxide concentration and stack gas flow readings equally spaced over the 15-minute period. In the later case, the same number of concentration readings shall be taken in each 15-minute period and the readings shall be similarly spaced within each 15-minute period. (c) Calculate the arithmetic average (lbs SO2/hr) from all 24 emission rate measurements in each 6-hour period for each stack. (d) Total the average sulfur dioxide emission rates for all affected stacks. (ii) Notwithstanding the requirements of paragraph (d)(5)(i) of this section, compliance with the requirements of paragraph (d)(2) of this section shall also be determined by using the methods described below at such times as may be specified by the Administrator. For all stacks equipped with the measurement system(s) required by paragraph (d)(4) of this section, a 6-hour average sulfur dioxide emission rate (lbs SO2/hr) shall be determined as follows: (a) The test of each stack emission rate shall be conducted while the processing units vented through such stack are operating at or above the maximum rate at which they will be operated and under such other conditions as the Administrator mayspecify. (b) Concentrations of sulfur dioxide in emissions shall be determined by using Method 8 as described in part 60 of this chapter. The analytical and computational portions of Method 8 as they relate to determination of sulfuric acid mist and sulfur trioxide as well as isokinetic sampling may be omitted from the over-all test procedure. (c) Three independent sets of measurements of sulfur dioxide concentrations and stack gas volumetric flow rates shall be conducted during three 6-hour periods for each stack. Each 6-hour period will consist of three consecutive 2-hour periods. Measurements of emissions from all stacks on the smelter premises need not be conducted simultaneously. All tests must be completed within a 72-hour period. (d) In using Method 8, traversing shall be conducted according to Method 1 as described in part 60 of this chapter. The minimum sampling volume for each two hour test shall be 40 ft 3 corrected to standard conditions, dry basis. (e) The volumetric flow rate of the total effluent from each stack evaluated shall be determined by using Method 2 as described in part 60 of this chapter and by traversing according to Method 1. Gas analysis shall be performed by using the integrated sample technique of Method 4 as described inpart 60 of this chapter except that stack gases arising only from a sulfuric acid production unit may be considered to have zero moisture content. (f) The gas sample shall be extracted at a rate proportional to the gas velocity at the sampling point. (g) For each two hour test period, the sulfur dioxide emission rate for each stack shall be determined by multiplying the stack gas volumetric flow rate (ft 3 /hr at standard conditions, dry basis) by the sulfur dioxide concentration (lb/ft 3 at standard conditions, dry basis). The emission rate in lbs/hr-maximum 6-hour average for each stack is determined by calculating the arithmetic average of the results of the three 2-hour tests. (h) The sum total of sulfur dioxide emissions from the smelter premises in lbs/hr is determined by adding together the emission rates (lbs/hr) from all stacks equipped with the measurement system(s) required by paragraph (d)(4) of this section. (e) Alternate regulation for control of sulfur dioxide emissions (Nevada Intrastate Region). (1) The owner or operator of the Kennecott Copper Company smelter located in White Pine County, Nevada, in the Nevada Intrastate Air Quality Control Region may apply to the Administrator for approval to meet the requirements of this paragraph. Upon such approval, granted pursuant to paragraph (e)(3) of this section, the requirements of paragraph (d) shall not be applicable during the period of such approval, and all requirements of this paragraph shall apply. (2) All terms used in this paragraph but not specifically defined below shall have the meaning given them in the Act, part 51 or §52.01 of this chapter. (i) The term “supplementary control system” means any system which limits the amount of pollutant emissions during periods when meteorological conditions conducive to ground-level concentrations in excess of national standards exist or are anticipated. (ii) The term “ambient air quality violation” means any single ambient concentration of sulfur dioxide that exceeds any National Ambient Air Quality Standard for sulfur dioxide at any point in a designated liability area, as specified in paragraph(e)(8) of this section. (iii) The term “isolated source” means a source that will assume legal responsibility for all violations of the applicable national standards in its designated liability area, as specified in paragraph (e)(8) of this section. (iv) The term “designated liability area” means the geographic area within which emissions from a source may significantly affect the ambient air quality. (3)(i) The application for permission to comply with this paragraph shall be submitted to the Administrator no later than sixty (60) days following the effective date of this paragraph and shall include the following: (a) A short description of the type and location of the smelter; the process, equipment, raw materials and fuels used; the stacks employed; and emissions to the atmosphere from various points on the smelter premises. (b) A general description and the location of other sources of air pollution and of the uses of land, and the topography in the vicinity of the smelter. (c) A summary of all ambient air quality data in the vicinity of the smelter collected by or under contract to smelter. (d) A description of the methods of constant emission reduction that are or will be applied and the degree of emission reduction achieved or expected due to their application. (e) A description of the investigations that the owner or operator has made, and the results thereof, as to the availability of constant emission reduction methods that would meet the requirements of paragraph (d)(2) of this section and a discussion of the reasons why anypotentially available methods cannot reasonably be used. (f) A specific description of the research, investigations, or demonstrations that the owner or operator will conduct or support for the purpose of developing constant emission reduction technology applicable to the smelter. Such description shall include the resources to be committed, qualifications of the participants, a description of the facilities to be utilized and milestone dates. (g) A detailed description of all other measures the owner or operator will apply, in addition to those described in paragraph (e)(3)(i)(d) of this section, to provide for attainment and maintenance of the air quality standards. These measures include but need not be limited to supplementary control systems, tall stacks and other dispersion techniques. Each measure to be applied shall be described in sufficient detail to allow the Administrator to determine its effectiveness in reducing ambient concentrations. (h) A written commitment by the owner or operator of the source subject to this paragraph agreeing to assume liability for all violations of National Ambient Air Quality Standards within the designated liability area. (i) Such other pertinent information as the Administrator may require. (ii) Upon receipt of the information specified in paragraph (e)(3)(i) of this section, and after making a determination of its adequacy, the Administrator promptly shall, after thirty (30) days notice, conduct a public hearing on the application submitted by the owner or operator. The Administrator shall make available to the public the information contained in the application. Within thirty (30) days after the hearing, the Administrator shall notify the owner or operator of the smelter and other interested parties of his decision as to whether to grant or deny the application. If he denies the application, he will set forth his reasons. If he approves the application the owner or operator shall comply with all provisions of paragraph (e) of this section and need not comply with provisions of paragraph (d) of this section except as provided in paragraph (e)(16) of this section. (iii) Approval of the application to abide by the provisions of paragraph (e) will be granted if it can be satisfactorily demonstrated to the Administrator that control measures in addition to the available constant emission controls are required and if the specific measures submitted pursuant to paragraph (e)(3)(i)(g) of this section will provide for the attainment and maintenance of the National Ambient Air Quality Standards. (4)(i) The owner or operator of the smelter subject to this paragraph shall not discharge or cause the discharge of sulfur dioxide into the atmosphere in excess of: (a) 2,600 parts per million-maximum 6-hour average, from any single absorption sulfuric acid producing facility designed for the removal of sulfur dioxide, as determined by the method specified in paragraph (e)(6) (i) or (iii) of this section,and (b) 29,000 pounds per hour (13,154 kg/hr) maximum 6-hour average, as determined by the method specified in paragraph (e)(6) (ii) or (iv) of this section. Such limitation shall apply to the sum total of sulfur dioxide emissions from the smelter processing units and sulfur oxides control and removal equipment but not including uncaptured fugitive emissions and those emissions due solely to use of fuel for space heating or steam generation. (ii) All emissions from the converters, with the exception of the uncaptured fugitive emissions, shall be processed through a facility for the removal of sulfur dioxide which meets the requirements of paragraph (e)(4)(i)(a) of this section. (5) (i) The owner or operator of the smelter to which this paragraph is applicable shall install, calibrate, maintain and operate a measurement system(s) for continuously monitoring sulfur dioxide emissions and stack gas volumetric flow rates in each stack which emits 5 percent or more of the total potential (without emission controls) hourly sulfur oxide emissions from the source. For the purpose of this paragraph, “continuous monitoring” means taking and recording of at least one measurement of sulfur dioxide concentration and stack gas flow rate reading from the effluent of each affected stack in each 15-minute period. (ii) No later than the date specified in paragraph (e)(14)(i)(b)(5) of this section and at such other times in the future as the Administrator may reasonably specify, the sulfur dioxide concentration measurement system(s) installed and used pursuant to this paragraph shall be demonstrated to meet the measurement system performance specifications prescribed in Appendix D to this part. (iii) No later than the date specified in paragraph (e)(14)(i)(b)(5) of this section and at such other times in the future as the Administrator may reasonably specify, the stack gas volumetric flow rate measurement system(s) installed and used pursuant to this paragraph shall be demonstrated to meet the measurement system performance specifications prescribed in Appendix E to this part. (iv) The Administrator shall be notified at least 10 days in advance of the start of the field test period required in Appendices D and E to this part to afford the Administrator the opportunity to have an observer present. (v) The sampling point for monitoring emissions shall be in the duct at the centroid of the cross section if the cross sectional area is less than 4.647 m 2 (50 ft 2 ) or at a point no closer to the wall than 0.914 m (3 ft) if the cross sectional area is 4.647 m 2 (50 ft 2 ) or more. The monitor sample point shall be an area of small spatial concentration gradient and shall be representative of the concentration in the duct. (vi) The measurement system(s) installed and used pursuant to this section shall be subjected to the manufacturer's recommended zero adjustment and calibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case such specifications or recommendations shall be followed. Records of these procedures shall be made which clearly show instrument readings before and after zero adjustment and calibration. (vii) Six-hour average sulfur dioxide concentration and emission rates shall be calculated in accordance with paragraph (e)(6) of this section and recorded daily. (viii) The owner or operator of the smelter subject to this paragraph shall maintain a record of all measurements required by this paragraph. Measurement results shall be expressed in the units prescribed by the emission limitations in paragraph (e)(4) of this section. Six-hour average values calculated pursuant to paragraphs (e)(6) (i) and (ii) of this section shall be reported as of each hour for the preceding six hours. The results shall be summarized monthly and shall be submitted to the Administrator within fifteen (15) days of the end of each month. A record of such measurements shall be retained for at least two years following the date of such measurements. (6)(i) Compliance with the requirements of paragraph (e)(4)(i)(a) of this section shall be determined using the continuous measurements system(s) installed, calibrated, maintained and operated in accordance with the requirements of paragraph (e)(5) of this section. For the stack(s) equipped with the measurement system(s) required by paragraph (e)(5) of this section and serving the sulfur dioxide removal device a 6-hour average sulfur dioxide concentration shall be calculated as of the end of each clock hour for the preceding six hours, in the following manner: (a) Divide each 6-hour period into twenty-four 15-minute segments. (b) Determine on a compatible basis a sulfur dioxide concentration measurement for each 15-minute period. These measurements may be obtained either by continuous integration of all measurements (from the respective affected facility) recorded during the 15-minute period or from the arithmetic average of any number of sulfer dixide concentration redings equally spaced over the 15-minute period. In the latter case, the same number of concentration readings shall be taken in each 15-minute period and the readings shall be similarly spaced within each 15-minute period. (c) Calculate the arithmetic average of all 24 concentration measurements in each 6-hour period. (ii) Compliance with the requirements of paragraph (e)(4)(i)(b) of this section shall be determined using the continuous measurement system(s) installed, calibrated, maintained and operated in accordance with the requirements of paragraph (e)(5) of this section. For all stacks equipped with the measurement system(s) required by paragraph (e)(5) of this section, a 6-hour average sulfur dioxide emission rate shall be calculated as of the end of each clock hour for the preceding six hours, in the following manner: (a) Divide each 6-hour period into twenty-four 15-minute segments. (b) Determine on a compatible basis a sulfur dioxide concentration and stack gas flow rate measurement for each 15-minute period for each affected stack. These measurements may be obtained either by continuous integration of sulfur dioxide concentrations and stack gas flow rate measurements (from the respective affected facilities) recorded during the 15-minute period or from the arithmetic average of any number of sulfur dioxide concentration and stack gas flow rate readings equally spaced over the 15-minute period. In the latter case, the same number of concentration readings shall be taken in each 15-minute period and the readings shall be similarly spaced within each 15-minute period. (c) Calculate the arithmetic average (lbs SO2/hr) of all 24 emission rate measurements in each 6-hour period for each stack. (d) Total the average sulfur dioxide emission rates for all affected stacks. (iii) Notwithstanding the requirements of paragraph (e)(6)(i) of this section, compliance with the requirements of paragraph (e)(4)(i)(a) of this section shall also be determined by using the methods described below at such times as may be specified by the Administrator. For each stack serving any process designed for the removal of sulfur dioxide a 6-hour average sulfur dioxide concentration shall be determined as follows: (a) The test of each stack emission concentration shall be conducted while the processing units vented through such stack are operating at or above the maximum rate at which such will be operated and under such other conditions as the Administrator may specify. (b) Concentrations of sulfur dioxide in emissions shall be determined by using Method 8 as described in part 60 of this chapter. The analytical and computational portions of Method 8 as they relate to determination of sulfuric acid mist and sulfur trioxide as well as isokinetic sampling may be omitted from the over-all test procedure. (c) Three independent sets of measurements of sulfur dioxide concentration shall be conducted during three 6-hour periods of each stack. Each 6-hour period will consist of three consecutive 2-hour periods. Measurements of emissions from all stacks on the smelter premises need not be conducted simultaneously. All tests must be completed within a 72-hour period. (d) In using Method 8, traversing shall be conducted according to Method 1 as described in part 60 of this chapter. The minimum sampling volume for each two hour test shall be 40 ft 3 corrected to standard conditions, dry basis. (e) The velocity of the total effluent from each stack evaluated shall be determined by using Method 2 as described in part 60 of this chapter and traversing according to Method 1. Gas analysis shall be performed by using the integrated sample technique of Method 3 as described in part 60 of thi8s chapter. Moisture content can be considered to be zero. (f) The gas sample shall be extracted at a rate proportional to gas velocity at the sampling point. (g) The sulfur dioxide concentration in parts per million-maximum 6-hour average for each stack is determined by calculating the arithmetic average of the results of the three 2-hour tests. (iv) Notwithstanding the requirements of paragraph (e)(6)(ii) of this section, compliance with the requirements of paragraph (e)(4)(i)(b) of this section shall also be determined by using the methods described below at such times as may be specified by the Administrator. For all stacks equipped with the measurement system(s) required by paragraph (e)(5) of this section, a 6-hour average sulfur dioxide emission rate (lbs SO2/hr) shall be determined as follows: (a) The test of each stack emission rate shall be conducted while the processing units vented through such stack are operating at or above the maximum rate at which they will be operated and under such other conditions as the Administrator shall specify. (b) Concentrations of sulfur dioxide in emissions shall be determined by using Method 8 as described in part 60 of this chapter. The analytical, and computational portions of Method 8 as they relate to determination of sulfuric acid mist and sulfur trioxide as well as isokinetic sampling may be omitted from the over-all test procedure. (c) Three independent sets of measurements of sulfur dioxide concentrations and stack gas volumetric flow rates shall be conducted during three consecutive 2-hour periods for each stack. Measurements need not necessarily be conducted simultaneously of emissions from all stacks on the smelter premises. (d) In using Method 8, Traversing shall be conducted according to Method 1 as described in part 60 of this chapter. The minimum sampling volume for each 2-hour test shall be 40 ft 3 corrected to standard conditions, dry basis. (e) The volumetric flow rate of the total effluent from each stack evaluated shall be determined by using Method 2 as described in part 60 of this chapter and by traversing according to Method 1. Gas analysis shall be performed by using the integrated sample technique of Method 3 as described in part 60 of this chapter. Moisture content shall be determined by use of Method 4 as described in part 60 of this chapter except that stack gases arising only from a sulfuric acid production unit may be considered to have zero moisture content. (f) The gas sample shall be extracted at a rate proportional to the gas velocity at the sampling point. (g) For each 2-hour test period, the sulfur dioxide emission rate for each stack shall be determined by multiplying the stack gas volumetric flow rate (ft 3 /hr at standard conditions, dry basis) by the sulfur dioxide concentration (lb/ft 3 at standard conditions, dry basis). The emission rate in lbs/hr-maximum 6-hour average for each stack is determined by calculating the arithmetic average of the results of the three 2-hour tests. (h) The sum total of sulfur dioxide emissions from the smelter premises in lbs/hr is determined by adding together the emission rates (lbs/hr) from all stacks equipped with the measurement system(s) required by paragraph (e)(5) of this section. (7) The owner or operator of the smelter subject to this paragraph, in addition to meeting the emission limitation requirements of paragraph (e)(4) of this section, shall employ supplementary control systems and/or such additional control measures as may be necessary to assure the attainment and maintenance of the National Ambient Air Quality Standards for sulfur dioxide. (i) Such measures will be limited to those specified in the application submitted pursuant to paragraph (e)(3)(i)(g) of this section. (ii) Sulfur oxides emissions shall be curtailed whenever the potential for violating any National Ambient Air Quality Standard for sulfur dioxide is indicated at any point in a designated liability area by either of the following: (a) Air quality measurement. (b) Air quality prediction. (8)(i) For the purposes of this paragraph the designated liability area shall be a circle with a radius of fifteen (15) statute miles (24 km) with the center point of such circle coinciding with the tallest stack serving the affected facility. The owner or operator of the smelter subject to this paragraph may submit a detailed report which justifies redefining the designated liability area specified by the Administrator. Such a justification shall be submitted with the application submitted pursuant to paragraph (e)(3)(i) of this section and shall describe and delineate the requested designated liability area and discuss in detail the method used and the factors taken into account in the development of such area. Upon receipt and evaluation of such report, and after the public hearing described in paragraph (e)(3)(ii) of this section, the Administrator shall issue his final determination. (ii) If new information becomes available which demonstrates that the designated liability area should be redefined, the Administrator shall consider such and if appropriate, after notice and comment, redefine the designated liability area. (9) (i) The owner or operator of the smelter subject to the paragraph shall submit with the application submitted pursuant to paragraph (e)(3)(i) of this section, a detailed plan for the establishment of a supplementary control system and/or such other measures as may be proposed. Such plan shall describe all air quality and emission monitoring and meteorological equipment to be used, including instruments installed pursuant to paragraph (e)(5) of this section for continuously monitoring and recording sulfur dioxide emissions and stack gas flow rate, the methods that will be used to determine emission rates to be achieved in association with various meteorological and air quality situations, and the general plan of investigations to be followed in developing the system and the operational manual. (ii) Such plan shall include detailed specifications of any modifications to existing equipment including new stacks, stack extensions, stack heating systems or any process changes to be applied. (iii) The monitoring described in the detailed plan submitted in accordance with this subparagraph and the appropriate recordkeeping requirements of paragraph (e)(12) of this section shall commence and become applicable as of the date specified in paragraph (e)(14)(i)(b)(5) of this section. (10) The owner or operator of the smelter subject to this paragraph shall submit to the Administrator a comprehensive report of a study which demonstrates the capability of the supplementary control system, in conjunction with any other control measures, to reduce air pollution levels. The report shall describe a study conducted during a period of at least 120 days during which the supplementary control system was being developed and operated and shall be submitted no later than the date specified in paragraph (e)(14)(i)(b)(6) of this section. The report shall: (i) Describe the emission monitoring system and the air quality monitoring network. (ii) Describe the meteorological sensing network and the meteorological prediction program. (iii) Identify the frequency, characteristics, times of occurrence and durations of meteorological conditions associated with high ground-level concentrations. (iv) Describe the methodology (e.g., disperson modeling and measured air quality data) by which the source determines the degree of control needed under each meteorological situation. (v) Describe the method chosen to vary the emission rate, the basis for the choice, and the time required to effect a sufficient reduction in the emission rate to avoid violations of National Ambient Air Quality Standards. (vi) Contain an estimate of the frequency that emission rate reduction is required to prevent National Ambient Air Quality Standards from being exceeded and the basis for the estimate. (vii) Include data and results of objective reliability tests. “Reliability,” as the term is applied here, refers to the ability of the supplementary control system to protect against violations of the National Ambient Air Quality Standards. (viii) Demonstrate that the supplementary control system and other measures expected to be employed after the date specified in paragraph (e)(14)(i)(b)(6) of this section will result in attainment and maintenance of National Ambient Air Quality Standards. (11) The owner or operator of the smelter subject to this paragraph shall submit to the Administrator an operational manual for the supplementary control system. Such manual shall be submitted no later than the date specified in paragraph (e)(14)(i)(b)(6) of this section and is subject to the approval of the Administrator as satisfying the specific requirements of this paragraph. Such approval shall not relieve the owner or operator of the smelter subject to this paragraph from its assumed liability for violations of any National Ambient Air Quality Standards for sulfur oxides in the designated liability area. Prior to making his final decision, the Administrator shall, after reasonable notice, provide an opportunity of not less than forty-five (45) days for public inspection and comment upon the manual. Such manual shall: (i) Specify the number, type, and location of ambient air quality monitors, instack monitors and meteorological instruments to be used. (ii) Describe techniques, methods, and criteria to be used to anticipate the onset of meteorological situations associated with ground-level concentrations in excess of National Ambient Air Quality Standards and to systematically evaluate and, as needed, improve the reliability of the supplementary control system. (iii) Describe the criteria and procedures that will be used to determine the degree of emission control needed for each class of meteorological and air quality situations. (iv) Specify maximum emission rates which may prevail during all probable meteorological and air quality situations, which rates shall be such that National Ambient Air Quality Standards will not be exceeded in the designated liability area. Such emission rates shall be determined by in-stack monitors. Data from such monitors shall be the basis for determining whether the emission rate provisions of the approved operational manual are adhered to. (v) Describe specific actions that will be taken to curtail emissions when various meteorological conditions described in paragraph (c)(11)(ii) of this section exist or are predicted and/or when specified air quality levels occur. (vi) Identify the company personnel responsible for initiating and supervising the actions that will be taken to curtail emissions. Such personnel must be responsible, knowledgeable and able to apprise the Administrator of the status of the supplementary control system at any time the source is operating. (vii) Be modified only if approval by the Administrator is first obtained. (12) The owner or operator of the smelter subject to this paragraph shall: (i) Maintain, in a usable manner, records of all measurements and reports prepared as part of the supplementary control system described in the approved operational manual. Such records shall be retained for at least two years. (ii) Submit, on a monthly basis, the hour by hour measurements made of air quality, emissions and meteorological parameters, and all other measurements made on a periodic basis, as part of the approved supplementary control system. (iii) Submit a monthly summary indicating all places, dates, and times when National Ambient Air Quality Standards for sulfur oxides were exceeded and the concentrations of sulfur dioxide at such times. (iv) Notify the Administrator of any violation of National Ambient Air Quality Standards within 24 hours of the occurrence of such violation. (v) Submit a monthly summary report describing and analyzing how the supplementary control system was operated as related to the approved operations manual and how the system will be improved, if necessary, to prevent violations of the National Ambient Air Quality Standards for sulfur oxides or to prevent any other conditions which are not in accordance with the approved operational manual. (13)(i) The owner or operator of the smelter subject to this paragraph shall participate in a research program to develop and apply constant emission reduction technology adequate to attain and maintain the national standards. Such program shall be carried out in accordance with the plan submitted pursuant to paragraph (e)(3)(i)(f) of this section. (ii) The owner or operator of the smelter subject to this paragraph shall submit annual reports on the progress of the research and development program required by paragraph (e)(13)(i) of this section. Each report shall also include, but not be limited to, a description of the projects underway, information on the qualifications of the personnel involved, information on the funds and personnel that have been committed, and an estimated date for the installation of the constant emission reduction technology necessary to attain and maintain the National Ambient Air Quality Standards. (14) (i) The owner or operator of the smelter subject to this paragraph shall comply with the compliance schedules specified below. (a) Compliance schedule for meeting the emission reduction requirements of paragraph (e)(4) of this section: (1) No later than thirty (30) days after the date of approval to meet the requirements of this paragraph—submit a final plan and schedule to the Administrator for meeting the requirements of paragraph (e)(4) of this section. (2) No later than thirty (30) days after the date of approval to meet the requirements of this paragraph—let contracts or issue purchase order for emission control systems or process modifications or provide evidence that such contracts have been let. (3) July 1, 1975. Initiate on-site construction or installation of emission control equipment or process change. (4) July 1, 1976. Complete on-site construction or installation of constant emission control equipment or process change. (5) January 1, 1977. Achieve final compliance with the requirements of paragraph (4) of this paragraph (e)(14)(i)(a). (b) Compliance schedule for implementing a supplementary control system or other measures which meet the requirements of paragraphs (e) (7), (9), (10), and (11) of this section. (1) No later than sixty (60) days after approval to meet the requirements of this paragraph—submit to the Administrator a detailed schedule for establishment and implementation of the supplementary control system and other measures in accordance with paragraph (e)(9) of this section. (2) No later than ninety (90) days after approval to meet the requirements of this paragraph—let contracts or issue purchase orders, or provide evidence that such contracts have been let, for ambient air quality monitors, meteorological instruments, and other component parts necessary to establish a supplementary control system. (3) No later than ninety (90) days after approval to meet the requirements of this paragraph—let contracts or issue purchase orders, or provide evidence that such contracts have been let, for any stack extensions or modifications of equipment approved pursuant to paragraph (e)(3) of this section. (4) November 1, 1975. Complete installation of air quality and emission monitors and meteorological equipment. (5) January 1, 1976. Complete installation of any stack extensions or modifications of equipment approved pursuant to paragraph (e)(3) of this section. (6) May 1, 1976. Submit to the Administrator the comprehensive report on the supplementary control system required by paragraph (e)(10) of this section, and submit to the Administrator for his approval the operational manual required by paragraph (e)(11) of this section. (7) January 1, 1977. The National Ambient Air Quality Standards for sulfur dioxide shall not be violated in the designated liability area. (ii) Any owner or operator subject to the requirements of this subparagraph shall certify to the Administrator within five (5) days after the deadline for each increment of progress whether or not the required increment of progress has been met. (iii) Notice must be given to the Administrator at least ten (10) days prior to conducting a performance test to afford him the opportunity to have an observer present. (iv) If the source subject to this paragraph is presently in compliance with any of the increments of progress set forth in this paragraph, the owner or operator of such source shall certify such compliance to the Administrator within thirty (30) days of the effective date of this paragraph. The Administrator may request whatever supporting information he considers necessary to determine the validity of the certification. (v) The owner or operator of the smelter subject to this paragraph may submit to the Administrator proposed alternative compliance schedules. Each such proposed compliance schedule shall be submitted with the application submitted pursuant to paragraph (e)(3)(i) of this section. No such compliance schedule may provide for final compliance after January 1, 1977. If approved by the Administrator, such schedule shall replace the compliance schedule set forth in this paragraph. (vi) Any such compliance schedule submitted to the Administrator shall provide for increments of progress toward compliance. The dates for achievement of such increments of progress shall be specified. Increments of progress shall include, but not be limited to, the increments specified in the appropriate compliance schedule set forth in paragraphs (e)(14)(i) (a) and (b) of this section. (15) (i) The Administrator shall annually review the supplementary control system and shall deny continued use of the supplementary control system if he determines that: (a) The review indicates that constant emission control technology has become available or that other factors which may bear on the conditions for use of a supplementary control system have changed to the extent that continued use of the supplementary control system would no longer be deemed approvable within the intent of paragraph (e)(3) of this section; or (b) The source owner or operator has not demonstrated good faith efforts to follow the stated program for developing constant emission reduction procedures; or (c) The source owner or operator has not developed and employed a control program that is effective in preventing violations of National Ambient Air Quality Standards. (ii) Prior to denying the continued use of a supplementary control system pursuant to paragraph (e)(15)(i) of this section, the Administrator shall notify the owner or operator of the smelter subject to this paragraph of his intent to deny such continued use, together with: (a) The information and findings on which such intended denial is based. (b) Notice of opportunity for such owner or operator to present, within thirty (30) days, additional information or arguments to the Administrator prior to his final determination. (iii) The Administrator shall notify the owner or operator of the smelter subject to this paragraph of his final determination within thirty (30) days after the presentation of additional information or arguments, or thirty (30) days after the final datee specified for such presentation if no presentation is made. If the continued usee of the supplementary control system is denied, the final determination shall set forth the specific grounds for such denial. (16) Upon denial of the continued use of a supplementary control system pursuant to paragraph (e)(15) of this section all the requirements of paragraph (d) of this section shall be immediately applicable to the owner or operator of the Kennecott Copper Company smelter located in White Pine County, Nevada, in the Nevada Intrastate Region and compliance therewith shall be achieved in accordance with such schedule as the Administrator shall order. (17) The owner or operator of the smelter subject to this paragraph shall be in violation of a requirement of an applicable implementation plan and subject to the penalties specified in section 113 of the Clean Air Act if: (i) An increment of the compliance schedules set forth in paragraph (e)(14) of this section is not met by the date specified; or (ii) The total sulfur dioxide concentration determined according to paragraph (e)(6) (i) or (iii) of this section exceeds the emission limitation set forth in paragraph (e)(4)(i)(a) of this section; or (iii) The total sulfur dioxide emission rate determined according to paragraph (e)(6) (ii) or (iv) of this section exceeds the emission limitation set forth in paragraph (e)(4)(i)(b) of this section; or (iv) Any National Ambient Air Quality Standards for sulfur oxides are violated in the designated liability area; or (v) Operations of the supplementary control system are not conducted in accordance with the approved operational manual; or (vi) Such owner or operator fails to submit any of the information required by this paragraph. [40 FR 5511, Feb. 6, 1975, as amended at 51 FR 40676, Nov. 7, 1986] § 52.1476 Control strategy: Particulate matter. top (a) The requirements of subpart G of this chapter are not met since the plan does not provide for the attainment and maintenance of the national standards for particulate matter in the Northwest Nevada and Nevada Intrastate Regions. (b) The following rule and portions of the control strategy are disapproved since they do not provide the degree of control needed to attain and maintain the National Ambient Air Quality Standards for particulate matter. (1) NAQR Article 7.2.7, Particulate Matter; Table 4.2, Emissions Inventory Summary for Particulates and Table 5.2, Summary of Control Strategy Analysis for Particulates, from the Nevada Control Strategy, submitted on October 7, 1976. (c) The following rules are disapproved because they relax the emission limitation on particulate matter. (1) Clark County District Board of Health, Table 27.1, (Particulate Matter from Process Matter), submitted on July 24, 1979. (2) Nevada Air Quality Regulations, Article 4, Rule 4.34, (Visible Emission from Stationary Sources), submitted on December 29, 1978, and Rule 4.3.6, (Visible Emission from Stationary Sources), submitted on June 24, 1980. [37 FR 10877, May 31, 1972, as amended at 45 FR 8011, Feb. 6, 1980; 46 FR 43142, Aug. 27, 1981; 51 FR 40676, Nov. 7, 1986] § 52.1477 Nevada air pollution emergency plan. top Section 6.1.5 of the Emergency Episode Plan submitted on December 29, 1978 is disapproved since termination of the episode is left to the discretion of the Control Officer and not specified criteria and it does not meet the requirements of 40 CFR 51.16 and Appendix L. The old rule 6.1.5 submitted on January 28, 1972 is retained. [45 FR 46385, July 10, 1980] § 52.1478 Extensions. top The Administrator, by the authority delegated under section 186(a)(4) of the Clean Air Act as amended in 1990, hereby extends for one year, until December 31, 1996, the attainment date for the Clark County (Las Vegas Valley), Nevada carbon monoxide nonattainment area. [61 FR 57333, Nov. 6, 1996] § 52.1479 Source surveillance. top (a) The requirements of §51.211 of this chapter are not met, except in Clark County, since the plan does not provide adequate legally enforceable procedures for requiring owners or operators of stationary sources to maintain records of, and periodically report, information on the nature and amount of emissions. (b) The requirements of §51.214 of this chapter are not met since the plan does not provide adequate legally enforceable procedures to require stationary sources subject to emission standards to submit information relating to emissions and operation of the emission monitors to the State as specified in Appendix P of part 51. [37 FR 10878, May 31, 1972, as amended at 38 FR 12709, May 14, 1973; 40 FR 55331, Nov. 28, 1975; 43 FR 36933, Aug. 21, 1978; 51 FR 40677, Nov. 7, 1986] §§ 52.1480-52.1481 [Reserved] top § 52.1482 Compliance schedules. top (a)–(b) [Reserved] (c) The compliance schedule revisions submitted for the sources identified below are disapproved as not meeting the requirement of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. ---------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date of adoption ---------------------------------------------------------------------------------------------------------------- Jack N. Tedford, Inc................. Fallon................. Not given.............. Aug. 14, 1972. Basic, Inc........................... Gabbs.................. Article 4.............. Feb. 13, 1973. Article 7.............. June 26, 1973. Duval Corp........................... Battle Mountain........ Article 5.............. Feb. 13, 1973. Mohave Generating Station, Southern Laughlin............... Clark County, Section Jan. 11, 1973. California Edison Co. 16. Section 26............. July 17, 1973. ---------------------------------------------------------------------------------------------------------------- [39 FR 14209, Apr. 22, 1974, as amended at 40 FR 3995, Jan. 27, 1975; 51 FR 40676, Nov. 7, 1986; 54 FR 25258, June 14, 1989] § 52.1483 Malfunction regulations. top (a) The following regulations are disapproved because they would permit the exemption of sources from applicable emission limitations under certain situations and therefore they do not satisfy the enforcement imperatives of section 110 of the Clean Air Act. (1) Clark County District Board of Health (i) Previously approved on May 14, 1973 and deleted without replacement on August 27, 1981: Section 12 (Upset, Breakdown, or Scheduled Maintenance). (ii) Section 25, Rule 25.1, submitted by the Governor on July 24, 1979. (iii) Section 25, Rules 25.1–25.1.4, submitted by the Governor on November 17, 1981. [49 FR 10259, Mar. 20, 1984, as amended at 69 FR 54019, Sept. 7, 2004] § 52.1484 [Reserved] top § 52.1485 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan, except as it applies to the Clark County Health District, does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulation for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are incorporated and made a part of the applicable State plan for the State of Nevada except for that portion applicable to the Clark County Health District. (c) All applications and other information required pursuant to §52.21 from sources located in the jurisdiction of the State of Nevada shall be submitted to the Director, Department of Conservation and Natural Resources, 201 South Fall Street, Carson City, Nevada instead of the EPA Region 9 Office. [47 FR 26621, June 21, 1982, as amended at 48 FR 28271, June 21, 1983; 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003] § 52.1486 Control strategy: Hydrocarbons and ozone. top (a) The requirements of subpart G of this chapter are not met since the plan does not provide for the attainment and maintenance of the national standard for ozone in the Las Vegas Intrastate Region (§81.80 of this chapter). [45 FR 67347, Oct. 10, 1980, as amended at 51 FR 40676, Nov. 7, 1986] § 52.1487 Public hearings. top (a) The requirements of §51.102 (a) and (e) of this chapter are not met since NAQR, Article 2.11.4.2 allows variances (compliance schedules), to be renewed without a public hearing, thus allowing further postponement of the final compliance date for sources whose emissions contribute to violations of the national standards. Therefore, NAQR, Article 2.11.4.2 is disapproved. [43 FR 1343, Jan. 24, 1978, as amended at 51 FR 40675, Nov. 7, 1986] § 52.1488 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring and new source review. The provisions of §52.26 are hereby incorporated and made a part of the applicable plan for the State of Nevada. The provisions of §52.28 are hereby incorporated and made a part of the applicable plan for the State of Nevada except for that portion applicable to the Clark County Department of Air Quality and Environmental Management. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of Nevada. (d) This paragraph (d) is applicable to the Mohave Generating Station located in the Las Vegas Intrastate Air Quality Control Region (§81.80 of this chapter). (1) Definitions. Administrator means the Administrator of EPA or her/his designee. Boiler-operating-day shall mean any calendar day in which coal is combusted in the boiler of a unit for more than 12 hours. If coal is combusted for more than 12 but less than 24 hours during a calendar day, the calculation of that day's sulfur dioxide (SO2) emissions for the unit shall be based solely upon the average of hourly Continuous Emission Monitor System data collected during hours in which coal was combusted in the unit, and shall not include any time in which coal was not combusted. Coal-fired shall mean the combustion of any coal in the boiler of any unit. If the Mohave Generating Station is converted to combust a fuel other than coal, such as natural gas, it shall not emit pollutants in greater amounts than that allowed by paragraph (d) of this section. Current owners shall mean the owners of the Mohave Generating Station on December 15, 1999. Owner or operator means the owner(s) or operator(s) of the Mohave Generating Station to which paragraph (d) of this section is applicable. Rolling average shall mean an average over the specified period of boiler-operating-days, such that, at the end of the first specified period, a new daily average is generated each successive boiler-operating-day for each unit. (2) Emission controls and limitations. The owner or operator shall install the following emission control equipment, and shall achieve the following air pollution emission limitations for each coal-fired unit at the Mohave Generating Station, in accordance with the deadlines set forth in paragraphs (d) (3) and (4) of this section. (i) The owner or operator shall install and operate lime spray dryer technology on Unit 1 and Unit 2 at the Mohave Generating Station. The owner or operator shall design and construct such lime spray dryer technology to comply with the SO2 emission limitations, including the percentage reduction and pounds per million BTU in the following requirements: (A) SO2 emissions shall be reduced at least 85% on a 90-boiler-operating-day rolling average basis. This reduction efficiency shall be calculated by comparing the total pounds of SO2 measured at the outlet flue gas stream after the baghouse to the total pounds of SO2 measured at the inlet flue gas stream to the lime spray dryer during the previous 90 boiler-operating-days. (B) SO2 emissions shall not exceed .150 pounds per million BTU heat input on a 365-boiler-operating-day rolling average basis. This average shall be calculated by dividing the total pounds of SO2 measured at the outlet flue gas stream after the baghouse by the total heat input for the previous 365 boiler-operating-days. (C) Compliance with the SO2 percentage reduction emission limitation above shall be determined using continuous SO2 monitor data taken from the inlet flue gas stream to the lime spray dryer compared to continuous SO2 monitor data taken from the outlet flue gas stream after the baghouse for each unit separately. Compliance with the pounds per million BTU limit shall be determined using continuous SO2 monitor data taken from the outlet flue gas stream after each baghouse. The continuous SO2 monitoring system shall comply with all applicable law (e.g., 40 CFR Part 75, or such other provisions as may be enacted). The inlet SO2 monitor shall also comply with the quality assurance-quality control procedures in 40 CFR part 75, appendix B. (D) For purposes of calculating rolling averages, the first boiler-operating-day of a rolling average period for a unit shall be the first boiler-operating-day that occurs on or after the specified compliance date for that unit. Once the unit has operated the necessary number of days to generate an initial 90 or 365 day average, consistent with the applicable limit, each additional day the unit operates a new 90 or 365 day (“rolling”) average is generated. Thus, after the first 90 boiler-operating-days from the compliance date, the owner or operator must be in compliance with the 85 percent sulfur removal limit based on a 90-boiler-operating-day rolling average each subsequent boiler-operating-day. Likewise, after the first 365 boiler-operating-days from the compliance date, the owner or operator must be in compliance with the .150 sulfur limit based on a 365-boiler-operating-day rolling average each subsequent boiler-operating-day. (E) Nothing in this paragraph (d) shall prohibit the owner or operator from substituting equivalent or superior control technology, provided such technology meets applicable emission limitations and schedules, upon approval by the Administrator. (ii) The owner or operator shall install and operate fabric filter dust collectors (also known as FFDCs or baghouses), without a by-pass, on Unit 1 and Unit 2 at the Mohave Generating Station. The owner or operator shall design and construct such FFDC technology (together with or without the existing electrostatic precipitators) to comply with the following emission limitations: (A) The opacity of emissions shall be no more than 20.0 percent, as averaged over each separate 6-minute period within an hour, beginning each hour on the hour, measured at the stack. (B) In the event emissions from the Mohave Generating Station exceed the opacity limitation set forth in paragraph (d) of this section, the owner or operator shall not be considered in violation of this paragraph if they submit to the Administrator a written demonstration within 15 days of the event that shows the excess emissions were caused by a malfunction (a sudden and unavoidable breakdown of process or control equipment), and also shows in writing within 15 days of the event or immediately after correcting the malfunction if such correction takes longer than 15 days: (1) To the maximum extent practicable, the air pollution control equipment, process equipment, or processes were maintained and operated in a manner consistent with good practices for minimizing emissions; (2) Repairs were made in an expeditious fashion when the operator knew or should have known that applicable emission limitations would be exceeded or were being exceeded. Individuals working off-shift or overtime were utilized, to the maximum extent practicable, to ensure that such repairs were made as expeditiously as possible; (3) The amount and duration of excess emissions were minimized to the maximum extent practicable during periods of such emissions; (4) All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality; and (5) The excess emissions are not part of a recurring pattern indicative of inadequate design, operation, or maintenance. (C) Notwithstanding the foregoing, the owner or operator shall be excused from meeting the opacity limitation during cold startup (defined as the startup of any unit and associated FFDC system after a period of greater than 48 hours of complete shutdown of that unit and associated FFDC system) if they demonstrate that the failure to meet such limit was due to the breakage of one or more bags caused by condensed moisture. (D) Compliance with the opacity emission limitation shall be determined using a continuous opacity monitor installed, calibrated, maintained and operated consistent with applicable law (e.g., 40 CFR Part 60, or such other provisions as may be enacted). (iii) The owner or operator shall install and operate low-NOX burners and overfire air on Unit 1 and Unit 2 at the Mohave Generating Station. (3) Emission control construction deadlines. The owner or operator shall meet the following deadlines for design and construction of the emission control equipment required by paragraph (d)(2) of this section. These deadlines and the design and construction deadlines set forth in paragraph (d)(4)(iii) of this section are not applicable if the emission limitation compliance deadlines of paragraph (d)(4) of this section are nonetheless met; or coal-fired units at the Mohave Generating Station are not in operation after December 31, 2005; or coal-fired units at the Mohave Generating Station are not in operation after December 31, 2005 and thereafter recommence operation in accordance with the emission controls and limitations obligations of paragraph (d)(2) of this section. (i) Issue a binding contract to design the SO2, opacity and NOX control systems for Unit 1 and Unit 2 by March 1, 2003. (ii) Issue a binding contract to procure the SO2, opacity and NOX control systems for Unit 1 and Unit 2 by September 1, 2003. (iii) Commence physical, on-site construction of SO2 and opacity equipment for Unit 1 and Unit 2 by April 1, 2004. (iv) Complete construction of SO2, opacity and NOX control equipment and complete tie in for first unit by July 1, 2005. (v) Complete construction of SO2, opacity and NOX control equipment and complete tie in for second unit by December 31, 2005. (4) Emission limitation compliance deadlines. (i) The owner's or operator's obligation to meet the SO2 and opacity emission limitations and NOX control obligations set forth in paragraph (d)(2) of this section shall commence on the dates listed below, unless subject to a force majeure event as provided for in paragraph (d)(7) of this section: (A) For one unit, January 1, 2006; and (B) For the other unit, April 1, 2006. (ii) The unit that is to meet the emission limitations by April 1, 2006 may only be operated after December 31, 2005 if the control equipment set forth in paragraph (d)(2) of this section has been installed on that unit and the equipment is in operation. However, the control equipment may be taken out of service for one or more periods of time between December 31, 2005 and April 1, 2006 as necessary to assure its proper operation or compliance with the final emission limits. (iii) If the current owners' entire (i.e., 100%) ownership interest in the Mohave Generating Station is sold either contemporaneously, or separately to the same person or entity or group of persons or entities acting in concert, and the closing date or dates of such sale occurs on or before December 30, 2002, then the emission limitations set forth in paragraph (d)(2) of this section shall become effective for one unit three years from the date of the last closing, and for the other unit three years and three months from the date of the last closing. With respect to interim construction deadlines, the owner or operator shall issue a binding contract to design the SO2, opacity and NOX control systems within six months of the last closing, issue a binding contract to procure such systems within 12 months of such closing, commence physical, on-site construction of SO2 and opacity control equipment within 19 months of such closing, and complete installation and tie-in of such control systems for the first unit within 36 months of the last closing and for the second unit within 39 months of the last closing. (5) Interim emission limits. (i) For the period of time between the date of the consent decree (December 15, 1999) and the date on which each unit must commence compliance with the final emission limitations set forth in paragraph (d)(2) of this section (“interim period”), the following SO2 and opacity emission limits shall apply: (i) SO2: SO2 emissions shall not exceed 1.0 pounds per million BTU of heat input calculated on a 90-boiler-operating-day rolling average basis for each unit; (ii) Opacity: The opacity of emissions shall be no more than 30 percent, as averaged over each separate 6-minute period within an hour, beginning each hour on the hour, measured at the stack, with no more than 375 exceedances of 30 percent allowed per calendar quarter (including any pro rated portion thereof), regardless of reason. If the total number of excess opacity readings from the date of the consent decree (December 15, 1999) to the time the owner or operator demonstrates compliance with the final opacity limit in paragraph (d)(2) of this section, divided by the total number of quarters in the interim period (with a partial quarter included as a fraction), is equal to or less than 375, the owner or operator shall be in compliance with this interim limit. (6) Reporting. (i) Commencing on January 1, 2001, and continuing on a bi-annual basis through April 1, 2006, or such earlier time as the owner or operator demonstrates compliance with the final emission limits set forth in paragraph (d)(2) of this section, the owner or operator shall provide to the Administrator a report that describes all significant events in the preceding six month period that may or will impact the installation and operation of pollution control equipment described in this paragraph, including the status of a full or partial sale of the Mohave Generating Station based upon non-confidential information. The owner's or operator's bi-annual reports shall also set forth for the immediately preceding two quarters: all opacity readings in excess of 30 percent, and all SO2 90-boiler-operating-day rolling averages in BTUs for each unit for the preceding two quarters. (ii) Within 30 days after the end of the first calendar quarter for which the emission limitations in paragraph (d)(2) of this section first take effect, but in no event later than April 30, 2006, the owner or operator shall provide to the Administrator on a quarterly basis the following information: (A) The percent SO2 emission reduction achieved at each unit during each 90-boiler-operating-day rolling average for each boiler-operating-day in the prior quarter. This report shall also include a list of the days and hours excluded for any reason from the determination of the owner's or operator's compliance with the SO2 removal requirement. (B) All opacity readings in excess of 20.0 percent, and a statement of the cause of each excess opacity reading and any documentation with respect to any claimed malfunction or bag breakage. (C) Each unit's 365-boiler-operating-day rolling average for each boiler-operating-day in the prior quarter following the first full 365 boiler-operating-days after the .150 pound SO2 limit in paragraph (d)(2) of this section takes effect. (7) Force majeure provisions. (i) For the purpose of this paragraph (d), a “force majeure event” is defined as any event arising from causes wholly beyond the control of the owner or operator or any entity controlled by the owner or operator (including, without limitation, the owner's or operator's contractors and subcontractors, and any entity in active participation or concert with the owner or operator with respect to the obligations to be undertaken by the owner or operator pursuant to paragraph (d)), that delays or prevents or can reasonably be anticipated to delay or prevent compliance with the deadlines in paragraphs (d)(3) and (4) of this section, despite the owner's or operator's best efforts to meet such deadlines. The requirement that the owner or operator exercise “best efforts” to meet the deadline includes using best efforts to avoid any force majeure event before it occurs, and to use best efforts to mitigate the effects of any force majeure event as it is occurring, and after it has occurred, such that any delay is minimized to the greatest extent possible. (ii) Without limitation, unanticipated or increased costs or changed financial circumstances shall not constitute a force majeure event. The absence of any administrative, regulatory, or legislative approval shall not constitute a force majeure event, unless the owner or operator demonstrates that, as appropriate to the approval: they made timely and complete applications for such approval(s) to meet the deadlines set forth in paragraph (d)(3) of this section or paragraph (d)(4) of this section; they complied with all requirements to obtain such approval(s); they diligently sought such approval; they diligently and timely responded to all requests for additional information; and without such approval, the owner or operator will be required to act in violation of law to meet one or more of the deadlines in paragraph (d)(3) of this section or paragraph (d)(4) of this section. (iii) If any event occurs which causes or may cause a delay by the owner or operator in meeting any deadline in paragraphs (d) (3) or (4) of this section and the owner or operator seeks to assert the event is a force majeure event, the owner or operator shall notify the Administrator in writing within 30 days of the time the owner or operator first knew that the event is likely to cause a delay (but in no event later than the deadline itself). The owner or operator shall be deemed to have notice of any circumstance of which their contractors or subcontractors had notice, provided that those contractors or subcontractors were retained by the owner or operator to implement, in whole or in part, the requirements of paragraph (d) of this section. Within 30 days of such notice, the owner or operator shall provide in writing to the Administrator a report containing: an explanation and description of the reasons for the delay; the anticipated length of the delay; a description of the activity(ies) that will be delayed; all actions taken and to be taken to prevent or minimize the delay; a timetable by which those measures will be implemented; and a schedule that fully describes when the owner or operator proposes to meet any deadlines in paragraph (d) of this section which have been or will be affected by the claimed force majeure event. The owner or operator shall include with any notice their rationale and all available documentation supporting their claim that the delay was or will be attributable to a force majeure event. (iv) If the Administrator agrees that the delay has been or will be caused by a force majeure event, the Administrator and the owner or operator shall stipulate to an extension of the deadline for the affected activity(ies) as is necessary to complete the activity(ies). The Administrator shall take into consideration, in establishing any new deadline(s), evidence presented by the owner or operator relating to weather, outage schedules and remobilization requirements. (v) If the Administrator does not agree in her sole discretion that the delay or anticipated delay has been or will be caused by a force majeure event, she will notify the owner or operator in writing of this decision within 20 days after receiving the owner's or operator's report alleging a force majeure event. If the owner or operator nevertheless seeks to demonstrate a force majeure event, the matter shall be resolved by the Court. (vi) At all times, the owner or operator shall have the burden of proving that any delay was caused by a force majeure event (including proving that the owner or operator had given proper notice and had made “best efforts” to avoid and/or mitigate such event), and of proving the duration and extent of any delay(s) attributable to such event. (vii) Failure by the owner or operator to fulfill in any way the notification and reporting requirements of this Section shall constitute a waiver of any claim of a force majeure event as to which proper notice and/or reporting was not provided. (viii) Any extension of one deadline based on a particular incident does not necessarily constitute an extension of any subsequent deadline(s) unless directed by the Administrator. No force majeure event caused by the absence of any administrative, regulatory, or legislative approval shall allow the Mohave Generating Station to operate after December 31, 2005, without installation and operation of the control equipment described in paragraph (d)(2) of this section. (ix) If the owner or operator fails to perform an activity by a deadline in paragraphs (d)(3) or (4) of this section due to a force majeure event, the owner or operator may only be excused from performing that activity or activities for that period of time excused by the force majeure event. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 67 FR 6133, Feb. 8, 2002; 69 FR 54019, Sept. 7, 2004] § 52.1489 Particulate matter (PM–10) Group II SIP commitments. top (a) On March 29, 1989, the Air Quality Officer for the State of Nevada submitted a revision to the State Implementation Plan for Battle Mountain that contains commitments, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM–10 Group II SIPs. (b) The Nevada Division of Environmental Protection has committed to comply with the PM–10 Group II, State Implementation Plan (SIP) requirements. [55 FR 18111, May 1, 1990] Subpart EE—New Hampshire top § 52.1519 Identification of plan—conditional approval. top (a) The following plan revisions were submitted on the dates specified. (1) On January 12, 1993, the New Hampshire Department of Environmental Services submitted a small business stationary source technical and environmental compliance assistance program (PROGRAM). On May 19, 1994, New Hampshire submitted a letter deleting portions of the January 12, 1993 submittal. In these submissions, the State commits to designate a state agency to house the small business ombudsman and to submit adequate legal authority to establish and implement a compliance advisory panel and a small business ombudsman. Additionally, the State commits to have a fully operational PROGRAM by November 15, 1994. (i) Incorporation by reference. (A) Letter from the New Hampshire Department of Environmental Services dated January 12, 1993 submitting a revision to the New Hampshire State Implementation Plan. (B) State Implementation Plan Revision for a Small Business Technical and Environmental compliance Assistance Program dated January 12, 1993. (C) Letter from the New Hampshire Department of Environmental Services dated May 19, 1994 revising the January 12, 1993 submittal. (ii) Additional materials. (A) Non-regulatory portions of the State submittal. (2) [Reserved] (b)–(c) [Reserved] [59 FR 50506, Oct. 4, 1994, as amended at 59 FR 51517, Oct. 12, 1994; 60 FR 47290, Sept. 12, 1995; 66 FR 1871, Jan. 10, 2001] § 52.1520 Identification of plan. top (a) Title of plan: “State of New Hampshire Implementation Plan.” (b) The plan was officially submitted on January 27, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Miscellaneous non-regulatory additions to the plan correcting minor deficiencies submitted on February 23, 1972, by the New Hampshire Air Pollution Control Agency. (2) Non-regulatory provisions for retention and availability of air quality data submitted on March 23, 1972, by the New Hampshire Air Pollution Control Agency. (3) Attainment dates of national primary and secondary air quality standards submitted on August 8, 1972, by the New Hampshire Air Pollution Control Agency. (4) Revision of regulation No. 5, section 111.A, limiting sulfur content of fuels submitted on September 26, 1972, by the New Hampshire Air Pollution Control Agency. (5) Compliance schedules submitted on February 14, 1973, by the New Hampshire Air Pollution Control Agency. (6) Compliance schedules submitted on March 22, 1973, by the New Hampshire Air Pollution Control Agency. (7) Revision exempting steam locomotives from the plan submitted on April 3, 1973, by the New Hampshire Air Pollution Control Agency. (8) Regulation No. 20 requiring review of indirect sources submitted on December 13, 1973, by New Hampshire Air Pollution Control Agency. (9) AQMA identification material submitted on May 20, 1974, by the New Hampshire Air Pollution Control Agency. (10) Miscellaneous revisions to Regulation numbers, 4, 6, 8, 10, 11, 13, 14, and 17 submitted on June 6, 1974, by the New Hampshire Air Pollution Control Agency. (11) Revision to Regulation 18, “Requirements for Recordkeeping at Facilities which Discharge Air Contaminants,” submitted on May 28, 1975, by the New Hampshire Air Pollution Control Agency. (12) Attainment plans to meet the requirements of Part D for carbon monoxide for Metropolitan Manchester and ozone for AQCR 121, programs for the review of construction and operation of new and modified major stationary sources of pollution in both attainment and non-attainment areas and certain miscellaneous provisions were submitted on May 29, 1979, November 6, 1979, and March 17, 1980. (13) Attainment plans to meet the requirements of Part D for total suspended particulates and sulfur dioxide in Berlin were submitted by the Governor of New Hampshire on September 19, 1979. (14) Revisions to Regulation 5, Prevention, Abatement, and Control of Sulfur Emission from Stationary Combustion Equipment, submitted by the Governor of New Hampshire on July 12, 1973 and April 11, 1975. (15) A plan to provide comprehensive public participation and an analysis of the effects of the New Hampshire 1979 SIP revisions were submitted on February 28, 1980. (16) Revised regulations to assure reasonable further progress and compliance by owners of proposed new sources with Federal as well as state regulations were submitted on July 8, 1980. (17) A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted by the New Hampshire Air Resource Agency Director on January 30, 1980. (18) A plan to attain and maintain the National Ambient Air Quality Standard for lead and to amend the state's air quality standards was submitted on April 15, 1980. A letter further explaining the state procedures for review of new major sources of lead emissions and confirming the use of reference methods was submitted on December 9, 1980 by the Director of the Air Resources Agency. (19) Revisions to meet the requirements of Part D and certain other sections of the Clean Air Act, as amended, for attaining carbon monoxide standards in the City of Manchester which were submitted on January 12, 1981 and February 18, 1981. The revisions supplement the 1979 CO attainment plan (§52.1520(c)(12)) and include three air quality-improving transportation projects and a schedule for submitting a plan which will demonstrate attainment by no later than December 31, 1987. (20) Revisions to meet ozone attainment requirements of Part D (VOC Control Regulations) were submitted on August 17, 1981 and are approved as follows: Regulations Air 1204.03, 1204.11(d), 1204.12, 1204.13, 1204.18 and 1204.21. (21) Operating permits with compliance schedules for VOC sources were submitted May 2, 1980, May 16, 1980, November 20, 1981 and January 8, 1982. Approved are operating permits for Mobil Oil Corporation; ATC Petroleum, Inc.; Velcro USA, Inc.; and Nashua Corporation's facility at Nashua. (22) Revisions to (i) provide a new format and renumber the SIP regulations with associated miscellaneous language changes for purposes of consistency; (ii) to delete redundant regulations and definitions; (iii) amend several regulations; and (iv) to add additional regulations submitted by the New Hampshire Air Resources Commission on June 17, 1982 and August 31, 1982. The federally-approved regulations of the New Hampshire SIP are as follows: • CHAPTER 100, PART Air 101, Sections Air 101.04–101.26, 101.28–101.30, 101.32–101.49, 101.51, 101.53–101.56, 101.58–101.62, 101.64–101.69, 101.74–101.75, 101.77, 101.79–101.89, 101.91–101.96, 101.98. • CHAPTER Air 200, PART Air 205. • CHAPTER Air 300, PARTs Air 301–303. • CHAPTER Air 400, PARTs Air 401; 402, Sections Air 402.01, 402.03, 402.04; PARTs Air 403–405. • CHAPTER Air 600, PARTs Air 601–616. • CHAPTER Air 700, PARTs Air 701–706. • CHAPTER Air 800, PARTs Air 801–802. • CHAPTER Air 900, PARTs Air 901–903. • CHAPTER Air 1000, PART Air 1001. • CHAPTER Air 1200, PART Air 1201, Sections 1201.01–1201.06, 1201.08–1201.11; PARTs Air 1202; 1203; 1204, Sections 1204.01–1204.16, 1204.18–1204.21; PARTs Air 1205; 1207; 1208. (23) Carbon monoxide attainment plan revisions for the City of Manchester which meet the requirements of Part D of the Act for 1982 SIP revisions. The revisions were submitted on October 5, 1982 and December 20, 1982 by the New Hampshire Air Resources Agency. (24) A revision specifying the State will follow Federal permit notice and hearing procedures for applications subject to PSD requirements was submitted by the Air Resources Commission on November 19, 1982. (25) Revisions to the State Implementation Plan for ozone, consisting of emission limits and compliance schedules for Oak Materials Group, Ideal Tape Co., Markem Corp., Essex Group, and Nashua Corp.'s Merrimack Facility, were submitted on December 23, 1982, December 30, 1982, January 19, 1983, and March 18, 1983. (26) Revisions to CHAPTER Air 400, Section Air 402.02 (formerly Regulation 5). raising the allowable sulfur-in-oil limit for all but ten sources, were submitted by New Hampshire on July 12, 1973, April 11, 1975, December 21, 1982 and March 29, 1983. The excluded sources are: 1. International Packings Corp., Bristol. 2. Dartmouth College, Hanover. 3. Hinsdale Products Co., Inc., Hinsdale. 4. Groveton Paper Co., Northumberland. 5. James River Corp./Cascade Division, Gorham. 6. Velcro USA, Inc., Manchester. 7. ATC Petroleum, Newington. 8. Anheuser-Busch, Inc., Merrimack. 9. Hoague-Sprague Corp., West Hopkinton. 10. Public Service Co., Manchester Steam, Manchester. (27) Amendments to Regulation Air 1204.02(c), defining “equivalent” to include “solids-applied basis” and Air 1204.21(j), altering the maximum time for compliance schedule extensions from December 31, 1987 to July 1, 1985 were submitted on August 9, 1983. An additional regulation, Air 1204.17, “Emission Standards for Miscellaneous Metal Parts and Products” was submitted on August 17, 1981. (28) Revisions to Air 1204.01, updating the list of volatile organic compounds exempted from PART Air 1204, and a revision to Air 101.74, ‘Process weight’ were submitted on November 10, 1983. (29) Revisions raising the allowable sulfur-in-oil limit to 2.0% for five sources excluded from revisions to CHAPTER Air 400, Section 402.02 (identified at subparagraph (c)(26) above), submitted on November 1, 1983. The five sources, and the source specific emission limits where applicable, are: 1. International Packings Corp., Bristol. 2. Velcro USA, Inc., Manchester. 3. Dartmouth College, Hanover (Limited to a maximum allowable hourly production of 164,000 pounds of steam.). 4. Sprague Energy-Atlantic Terminal Corp., Newington (Limited to firing any three of four boilers, or if all four boilers are fired, the sulfur content is limited 1.5%.). 5. Hoague-Sprague Corp., Hopkinton (Limited to firing any one of two boilers.) (30) Revisions to Air 1201.05 adding paragraph (e), concerning hazardous waste incinerators, was submitted on April 9, 1984. Approval of this regulation shall not be construed to supercede New Source Performance Standards; National Emission Standards for Hazardous Air Pollutants; and the regulations controlling emissions from major new or modified stationary sources in attainment and non-attainment areas. (31) Revisions raising the allowable sulfur-in-oil limit to 2.0% for two sources excluded from revisions to CHAPTER Air 400, Section 402.02 (identified at paragraph (c)(26) of this section), submitted on January 13, 1984. The two sources, and the source specific restrictions at each, are: (i) Manchester Steam Station, Public Service Company of N.H., Manchester (The auxiliary boiler is allowed to burn 2.0% sulfur oil as long as the main boilers remain inactive. If either or both of the main boilers are reactivated, the maximum sulfur content of oil burned in any boiler shall not exceed 1.7% by weight. In addition, each main boiler shall not operate until its stack height is increased to 45 m.) (ii) Hinsdale Products Co., Inc., Hinsdale (Limited to a maximum hourly fuel firing rate of 213 gallons.) (32) A revision submitted on December 22, 1983 which requires Markem Corporation to install an incinerator. The installation of the incinerator must be completed by July 1, 1985. (33) The TSP plan to attain primary standards in Berlin, New Hampshire and the administrative order issued May 2, 1984 to the James River Corporation which were submitted by the Air Resources Agency on May 9, 1984. (34) Revisions to Part (Air) 610 of Chapter 600, “Statewide Permit System” for the preconstruction permitting of new major sources and major modifications in nonattainment areas submitted on April 9, 1984 and September 10, 1984 by the New Hampshire Air Resources Commission. (35) A revision to approve operating limits for boilers at Dartmouth College, submitted on May 19, 1986 by the Director of the New Hampshire Air Resources Agency. (i) Incorporation by reference. (A) Permits to Operate issued by the State of New Hampshire Air Resources Agency to Dartmouth College, No. PO–B–1501.5, No. PO–B–1502.5, and No. PO–B–1503.5, and Temporary Permit TP–B–150.2, 3, and 4, dated January 6, 1986. (36) Approval of a revision to allow the James River Corporation (Cascade Mill), Gorham, to burn oil having a 2.2% sulfur-by-weight limit in accordance with previously approved SIP regulation Chapter Air 400, Section Air 402.02, submitted on February 11, 1985. This sources was excluded from revisions pertaining to New Hampshire regulation Chapter Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this section), but New Hampshire has now submitted adequate technical support for approval. (37) Revisions to the State Implementation Plan submitted on April 26, 1985, January 20, 1986 and May 12, 1987 by the Air Resources Commission. (i) Incorporation by reference. (A) Letter dated April 26, 1985 from the New Hampshire Air Resources Commission submitting revisions to the State Implementation Plan for EPA approval. (B) Revisions to New Hampshire Code of Administrative Rules, Part Air 704.01, “Permit Review Fee for Large Fuel Burning Devices,” Part Air 704.02, “Permit Review Fee for All Other Devices,” Part Air 706.01, “Renewal Review Fee For Large Fuel Burning Devices,” Part Air 706.02, “Renewal Review Fee For All Other Devices,” Part Air 1202, “Fuel Burning Devices,” effective on December 27, 1984. (C) Certification from the State of New Hampshire dated April 26, 1985. (D) Letter from the State of New Hampshire dated January 20, 1986. (E) Letter from the State of New Hampshire dated May 12, 1987. (38) Approval of a revision to allow the James River Corporation, Groveton, to burn oil having a 2.2% sulfur-by-weight limit in accordance with previously approved SIP regulation CHAPTER Air 400, Section Air 402.02, submitted on January 22, 1986. This source was previously excluded from revisions pertaining to New Hampshire regulation CHAPTER Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this section), but New Hampshire has now submitted adequate technical support for approval. (i) Incorporation by reference. (A) The conditions in the following five Permits to Operate issued by the State of New Hampshire Air Resources Agency on September 6, 1985, to the James River Corporation—Groveton Group: Permit No. PO–B–1550, Conditions 5B, 5C, and 5D; Permit No. PO–B–213, Conditions 2 and 5A; Permit No. PO–B–214, Conditions 2 and 5A; Permit No. PO–B–215, Conditions 2 and 5A; and Permit No. PO–BP–2240, Condition 5B. These conditions limit the sulfur-in-fuel content at the James River Corporation, Groveton, to 2.2% sulfur by weight. (39) Attainment plans for carbon monoxide for the City of Nashua including an extension of the attainment date to December 31, 1990 as submitted on September 12, 1985, December 3, 1985, October 7, 1986, March 6, 1987, May 12, 1987 and October 15, 1987. (i) Incorporation by reference. (A) The New Hampshire Code of Administrative Rules, Department of Safety, Chapter 900, Emission Inspections, Part Saf–M, 901, Part Saf–M 902, Part Saf–M 903, Part Saf–M 904, Part Saf–M 905, Part Saf–M 906,Part Saf–M 907, Part Saf–M 908, Part Saf–M 909, and Part Saf–M 910, effective October 6, 1986. (B) Section 715.02 Introductory Text and paragraph (1) of Part Saf–M–715, and §716.01 Introductory Text and paragraph (g) of Part Saf–M–716, submitted to New Hampshire Department of Safety by the State of New Hampshire on August 14, 1985. (ii) Additional material. (A) A letter from Governor John H. Sununu to Michael R. Deland, dated March 6, 1987, committing to take legislative measures to convert the Inspection/Maintenance program in the Nashua area to the use of computerized emission analyzers in the event that the program is found to not be achieving the necessary emission reductions. (B) Narrative submittals, including an attainment demonstration. (40) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 6, 1989. (i) Incorporation by reference. (A) Letter from the New Hampshire Air Resources Division dated July 6, 1989 submitting revisions to the New Hampshire State Implementation Plan. (B) Revisions to New Hampshire's Rule Env-A 303.01 entitled “Particulate Matter,” effective April 21, 1989. (C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled “permissible Open Burning,” effective May 26, 1989. (41) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on February 12, 1991. (i) Incorporation by reference. (A) Letter from the New Hampshire Air Resources Division dated February 12, 1991 submitting a revision to the New Hampshire State Implementation Plan. (B) Env-A 802.09 and Env-A 802.10 of the New Hampshire Administrative Rules Governing the Control of Air Pollution entitled “Continuous Emission Monitoring” and “CEM Recordkeeping Requirements,” respectively. These regulations were effective on December 27, 1990. (ii) Additional materials. (A) Nonregulatory portions of the State submittal. (42) [Reserved] (43) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on November 21, 1989. (i) Incorporation by reference. (A) Letter form the New Hampshire Air Resources Division dated November 21, 1989 submitting a revision to the New Hampshire State Implementation Plan. (B) Amendments to regulations for the State of New Hampshire's Administrative Rules Governing Air Pollution in Chapters Env-A 100, 800, 900 and 1200 which were effective November 16, 1989. (C) Letter from Robert W. Varney, Commissioner of the Department of Environmental Services of New Hampshire, to John B. Hammond, Acting Director of the New Hampshire Office of Legislative Services, dated November 15, 1989, adopting final rules. (44) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on September 12, 1990. (i) Incorporation by reference. Letter from the New Hampshire Air Resources Division dated September 12, 1990 submitting a revision to the New Hampshire State Implementation Plan that withdraws nine source-specific operating permits incorporated by reference at 40 CFR 52.1520(c)(21), (c)(25) and (c)(32). (ii) Additional materials. Letter from the New Hampshire Air Resources Division dated July 2, 1991 submitting documentation of a public hearing. (45) Revisions to the State Implementation Plan consisting of a readoption of the Rules Governing the Control of Air Pollution for the State of New Hampshire submitted by the New Hampshire Air Resources Division on February 12, 1991. (i) Incorporation by reference. (A) Letter from the New Hampshire Air Resources Division dated February 12, 1991 submitting revisions to the New Hampshire State Implementation Plan. (B) The following portions of the Rules Governing the Control of Air Pollution for the State of New Hampshire effective on December 27, 1990: • Chapter Env-A 100: Sections Env-A 101.01–.20, 101.22–.26, 101.28–.32, 101.34–50, 101.52, 101.54–.57, 101.59–.62, 101.64–.97 and 101.99. • Chapter Env-A 200: Parts Env-A 201–205; Part Env-A 207; Section Env-A 209.05; and Part Env-A 210. • Chapter Env-A 300: Parts Env-A 301–303. • Chapter Env-A 400: Part Env-A 401–404; Sections Env-A 401–404; Sections Env-A 405.01–.05(b) and 405.06. • Chapter Env-A 600: Parts Env-A 601–602; Sections Env-A 603.01–.02(o) and 603.03(a)-(e); and Parts Env-A 604–616. • Chapter Env-A 700: Parts Env-A 701–705. • Chapter Env-A 800: Parts Env-A 801–802; and Part Env-A 804. • Chapter Env-A 900: Parts Env-A 901–903. • Chapter Env-A 1000: Part Env-A 1001. • Chapter Env-A 1200: Parts Env-A 1201–1203; Sections 1204.01–.11 and 1204.13–.19; Part Env-A 1205; Sections Env-A 1206.01–.02 and 1206.04–.06; and Parts Env-A 1207–1208. (ii) Additional materials. (A) Letters from the New Hampshire Air Resources Division dated May 7, August 20, and August 26, 1991, March 6, and May 6, 1992 withdrawing certain portion of the February 12, 1991 SIP submittal. (46) Revisions to the State Implementation Plan consisting of amendments to Chapter Env-A 1204.12 Emission Control Methods for Cutback and Emulsified Asphalt submitted by the New Hampshire Air Resources Division on May 15, 1992. (i) Incorporation by reference. (A) Letter from the New Hampshire Air Resources Division dated May 15, 1992 submitting a revision to the New Hampshire State Implementation Plan. (B) The following portions of the Rules Governing the Control of Air Pollution for the State of New Hampshire effective on January 17, 1992: Chapter Env-A 1200: PART Env-A 1204.12 Emission Control Methods for Cutback and Emulsified Asphalt. (47) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on May 15, 1992. (i) Incorporation by reference. (A) Letter from the New Hampshire Air Resources Division dated May 15, 1992 submitting a revision to the New Hampshire State Implementation Plan. (B) The following portions of the Rules Governing the Control of Air Pollution for the State of New Hampshire effective on January 17, 1992: —Chapter Env-A 800: Part Env-A 805 —Chapter Env-A 1200: Sections Env-A 1204.02, 1204.04, 1204.05–1204.08, 1204.14–1204.15. (48) [Reserved] (49) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on June 17, 1994, and December 21, 1992. (i) Incorporation by reference. (A) Letters from the New Hampshire Air Resources Division dated June 17, 1994, and December 21, 1992, submitting revisions to the New Hampshire State Implementation Plan. (B) Regulations Chapter Env-A 1200, Part Env-A 1211, “Nitrogen Oxides (NOX),” effective on May 20, 1994, and Chapter Env-A 900, Part Env-A 901, sections Env-A 901.06 “NOX Recordkeeping Requirements,” and Env-A 901.07, “NOX Reporting Requirements,” effective on November 13, 1992. (50) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 7, 1995, September 18, 1995, and October 18, 1995. (i) Incorporation by reference. (A) Letters from the New Hampshire Air Resources Division dated July 7, 1995, September 18, 1995, and October 18, 1995, submitting revisions to the New Hampshire State Implementation Plan. (B) New Hampshire NOX RACT Order ARD–95–001, concerning Groveton Paperboard Corporation, effective on May 10, 1995. (C) New Hampshire NOX RACT Order ARD–95–002, concerning Plymouth Cogeneration Limited Partnership, effective September 12, 1995. (D) New Hampshire NOX RACT Order ARD–95–003, concerning Waterville Valley Ski Area Limited, effective September 19, 1995. (51) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on December 9, 1996, June 28, 1996, October 24, 1996, and July 10, 1995. (i) Incorporation by reference. (A) Letters from the New Hampshire Air Resources Division dated December 9, 1996, June 28, 1996, October 24, 1996, July 10, 1995 and December 21, 1992 submitting revisions to the New Hampshire State Implementation Plan (SIP), and a letter dated November 21, 1997 withdrawing Env-A 1204.06 from the SIP submittal. (B) Regulations Part Env-A 801 “Purpose;” Part Env-A 802 “Testing and Monitoring for Stationary Sources: General Requirements;” Part Env-A 902 “Malfunctions and Breakdowns of Air Pollution Control Equipment;” and Part Env-A 903 “Compliance Schedules” all effective November 15, 1992. (C) Regulations Part Env-A 803 “VOC Testing;” Part Env-A 804 “Capture Efficiency;” Sections Env-A 901.01 through 901.05, 901.08 and 901.09 of Part Env-A 901 “Recordkeeping and Reporting by Sources;” and Part Env-A 1204 “Stationary Sources of Volatile Organic Compounds (VOCs) (except 1204.06),” all effective on August 31, 1995. (D) New Hampshire VOC RACT Order ARD–94–001, concerning L.W. Packard, effective May 5, 1995. (E) New Hampshire VOC RACT Order ARD–95–010, concerning Kalwall in Manchester, NH, effective September 10, 1996. (F) New Hampshire VOC RACT Order ARD–96–001, concerning Textile Tapes Corporation, NH, effective October 4, 1996. (52) A revision to the New Hampshire SIP regarding ozone monitoring. The State of New Hampshire will modify its SLAMS and its NAMS monitoring system to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements. (i) Incorporation by reference. (A) State of New Hampshire Photochemical Assessment Monitoring Stations—Network Plan—Network Overview. (ii) Additional material. (A) NH-DES letter dated December 13, 1994, and signed by Thomas M. Noel, Acting Director, NH-DES. (53) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on August 29, 1996. This revision is for the purpose of satisfying the rate-of-progress requirement of section 182(b) and the contingency measure requirement of section 172(c)(9) of the Clean Air Act, for the Portsmouth-Dover-Rochester serious ozone nonattainment area, and the New Hampshire portion of the Boston-Lawrence-Worcester serious ozone nonattainment area. (i) Incorporation by reference. (A) Letter from the New Hampshire Air Resources Division dated August 29, 1996 submitting a revision to the New Hampshire State Implementation Plan. (54) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on April 14, 1997, May 6, 1997, and September 24, 1997. (i) Incorporation by reference. (A) Letters from the New Hampshire Air Resources Division dated April 14, 1997, May 6, 1997, and September 24, 1997 submitting revisions to the New Hampshire State Implementation Plan. (B) New Hampshire NOX RACT Order ARD–97–001, concerning Public Service Company of New Hampshire in Bow, effective on April 14, 1997. (C) New Hampshire NOX RACT Order ARD–95–011, concerning Hampshire Chemical Corporation, effective on May 6, 1997. (D) New Hampshire NOX RACT Order ARD–97–003, concerning Crown Vantage, effective September 24, 1997. (55)–(56) [Reserved] (57) Revision to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 27, 1998. (i) Incorporation by reference. (A) Regulation Chapter Env-A 3200 NOX Budget Trading Program adopted and effective on July 17, 1998. (ii) Additional materials. (A) Letter from the New Hampshire Air Resources Division dated July 27, 1998 submitting Chapter Env-A 3200 NOX Budget Trading Program as a revision to the New Hampshire State Implementation Plan. (58) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on November 25, 1992. (i) Incorporation by reference. (A) Letter from the New Hampshire Air Resources Division dated November 24, 1992 submitting a revision to the New Hampshire State Implementation Plan. (B) Part Env-A 1205 “Volatile Organic Compounds (VOC): Gasoline Dispensing Facilities and Gasoline Tank Trucks,” effective in the State of New Hampshire on August 17, 1992. (ii) Additional materials. (A) New Hampshire Department of Environmental Services “Stage II Equivalency Demonstration,” dated November 1992. (B) Nonregulatory portions of the submittal. (59) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on September 4, 1998 and November 20, 1998. (i) Incorporation by reference. (A) New Hampshire Code of Administrative Rules, Part Saf-C 3221A “Emission Amendments to Official Motor Vehicle Inspection Requirements” as adopted on November 17, 1998; and Part Saf-C 5800 “Roadside Diesel Opacity Inspection Program Rules” as adopted on November 17, 1998. (ii) Additional material. (A) Document entitled “Alternative New Hampshire Motor Vehicle Inspection/Maintenance State Implementation Plan Revision” dated September 4, 1998. (B) Letters from the New Hampshire Air Resources Division dated September 4, 1998 and November 20, 1998 submitting a revision to the New Hampshire State Implementation Plan. (60) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division August 6, 2001 and April 26, 1995. (i) Incorporation by reference. (A) Section 623.01 and sections 623.03 through 623.06 of New Hampshire's rule PART Env-A 623 rule entitled, “Prevention of Significant Deterioration (PSD) Of Air Quality Permit Requirements.” This regulation was adopted in the State of New Hampshire on July 23, 2001. (B) New Hampshire's rules PART Env-A 205.03, “Applications Subject to PSD Requirements,” and PART Env-A 205.04, “Applications Subject to Nonattainment Requirements.” These regulations were adopted in the State of New Hampshire on February 22, 1995 and amended on July 23, 2001. (ii) Additional materials. (A) Letter from the New Hampshire Air Resources Division dated August 6, 2001 submitting a revision to the New Hampshire State Implementation Plan. (B) Letter from the New Hampshire Air Resources Division dated April 26, 1995 submitting a revision to the New Hampshire State Implementation Plan. (C) Nonregulatory portions of the State submittal. (61) Revisions to the State Implementation Plan submitted by the New Hampshire Department of Environmental Services on July 9, 1998. (i) Additional materials. (A) “New Hampshire Stage II Comparability Analysis,” prepared by the New Hampshire Department of Environmental Services, dated July 1, 1998. (62) Revisions to the State Implementation Plan submitted by the New Hampshire Department of Environmental Services on June 7, 1994. (i) Additional materials. (A) Letter from the New Hampshire Department of Environmental Services dated June 7, 1994 submitting a revision to the New Hampshire State Implementation Plan. (B) “Clean Fuel Fleet Equivalency Demonstration,” prepared by the New Hampshire Department of Environmental Services, dated May, 1994. (63) Revisions to the State Implementation Plan Submitted by the New Hampshire Department of Environmental Services on July 10, 1996. (i) Incorporation by reference. (A) Letter from the New Hampshire Department of Environmental Services dated July 10, 1996 submitting a revision to the New Hampshire State Implementation Plan. (B) Part Env-A 1502 of Chapter Env-A 1500 of the New Hampshire Code of Administrative Rules titled “Conformity of General Federal Actions,” adopted in the State of New Hampshire on April 25, 1996. (64) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 27, 1998. (i) Incorporation by reference. (A) Order ARD 98–001 issued by the New Hampshire Department of Environmental Services to Public Service Company of New Hampshire on July 17, 1998, with attachments: Discrete emission reduction protocol for Public Service of New Hampshire's Schiller Station, Units 4, 5 and 6, submitted to the New Hampshire Department of Environmental Services on April 10, 1998; and Discrete emission reduction protocol for Public Service of New Hampshire's Newington Station, Unit 1, submitted to the New Hampshire Department of Environmental Services on April 10, 1998. (ii) Additional materials. (A) Letter from the New Hampshire Air Resources Division dated July 17, 1998 submitting Final RACT Order 98–001 as a revision to the New Hampshire State Implementation Plan. (65) Revisions to the State Implementation Plan submitted by the New Hampshire Department of Environmental Services on August 16, 1999. (i) Incorporation by reference. New Hampshire regulation Chapter Env-A 3600, entitled “National Low Emission Vehicle (National LEV) Program” adopted July 21, 1999. (ii) Additional material. Letter from the New Hampshire Department of Environmental Services dated August 16, 1999 submitting the Low Emission Vehicle program as a revision to the State Implementation Plan. (66) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 29, 1993 and July 2, 1999. (i) Incorporation by reference. (A) New Hampshire's PART Env-A 610 “Additional Requirements in Non-attainment Areas and the New Hampshire Portion of the Northeast Ozone Transport Region” adopted on May 21, 1993. (B) New Hampshire's PART Env-A 622 (Formally Env-A 610) “Additional Requirements in Non-attainment Areas and the New Hampshire Portion of the Northeast Ozone Transport Region” incorporating the “Plant-wide Source,” adopted on June 26, 1997. (C) New Hampshire's PART Env-A 622 (Formally Env-A 610) “Additional Requirements in Non-attainment Areas and the New Hampshire Portion of the Northeast Ozone Transport Region,” addition of the requirements for section 173(a)(4) and (5) of the CAA, adopted on January 29, 1999. (D) Letter from the New Hampshire Air Resources Division dated July 29, 1993 submitting a revision to the New Hampshire State Implementation Plan. (E) Letter from the New Hampshire Air Resources Division dated July 2, 1999 submitting a revision to the New Hampshire State Implementation Plan. (67) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on September 11, 1998. (i) Additional materials. (A) Letter from the New Hampshire Department of Environmental Services dated September 11, 1998 stating a negative declaration for the aerospace coating operations Control Techniques Guideline category. (68) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on June 28, 1996 and April 15, 2002. (i) Incorporation by reference. (A) Order ARD–00–001 issued by the New Hampshire DES to Anheuser-Busch Incorporated, effective April 15, 2002. (B) Env-A 1204.27, “Applicability Criteria and Compliance Options for Miscellaneous and Multi-category Stationary VOC Sources,” effective August 21, 1995, is granted full approval for the New Hampshire portion of the eastern Massachusetts serious ozone nonattainment area. (ii) Additional materials. (A) Letter from the DES, dated April 15, 2002, submitting revised Anheuser-Busch order to EPA as a SIP revision and withdrawing previous submittal for this facility dated June 20, 2000. (B) Letter from the DES, dated March 22, 2002, containing information on New Filcas of America. [37 FR 10879, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1520, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1521 Classification of regions. top The New Hampshire plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Androscoggin Valley Interstate............................ IA IA III III III Central New Hampshire Intrastate.......................... III III III III III Merrimack Valley-Southern New Hampshire Interstate........ I I III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10879, May 31, 1972, as amended at 45 FR 24876, Apr. 11, 1980] § 52.1522 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves New Hampshire's plan as identified in §52.1520 of this subpart for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I of the Clean Air Act as amended in 1977, except as noted below. (b) To insure Federal approval of State issued new source review permits pursuant to section 173 of the Clean Air Act, the provisions of Section V of the emission offset interpretative rule published January 16, 1979, (44 FR 3274) must be met. [45 FR 24876, Apr. 11, 1980, as amended at 48 FR 50078, Oct. 31, 1983] § 52.1523 Attainment dates for national standards. top The following table presents the latest dates by which the national standards are to be attained. The dates reflect the information presented in New Hampshire's plan. ---------------------------------------------------------------------------------------------------------------- SO 2 Air quality control region -------------------------- PM 10 NO 2 CO O 3 Primary Secondary ---------------------------------------------------------------------------------------------------------------- NH portion Andoscoggin Valley a b a a a a Interstate AQCR 107.............. Central NH Intrastate AQCR 149.... a b a a a a NH portion Merrimack Valley- Southern NH Interstate 121: Belknap County................ a b a a a a Sullivan County............... a b a a a a Cheshire County............... a b a a a d Portmouth-Dover-Rochester area a b a a a e (See 40 CFR 81.330).......... NH portion Boston-Lawrence- a b a a a f Worcester area (See 40 CFR 81.330)...................... Manchester area (See 40 CFR a b a a a c 81.330)...................... ---------------------------------------------------------------------------------------------------------------- a. Air quality levels presently below primary standards or area is unclassifiable. b. Air quality levels presently below secondary standards or area is unclassifiable. c. November 15, 1993. d. November 15, 1995. e. November 15, 1999. f. November 15, 2007. [45 FR 24876, Apr. 11, 1980, as amended at 50 FR 51250, Dec. 16, 1985; 51 FR 21550, June 13, 1986; 65 FR 71065, Nov. 29, 2000; 67 FR 72575, Dec. 6, 2002] § 52.1524 Compliance schedules. top (a) Compliance schedules for the sources identified below are approved as meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. -------------------------------------------------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date of adoption Effective date Final compliance date -------------------------------------------------------------------------------------------------------------------------------------------------------- Markem Corporation................. Keene, NH............. No. 1204.05........... Feb. 10, 1984........ Feb. 19, 1981........ July 1, 1985. -------------------------------------------------------------------------------------------------------------------------------------------------------- (b) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. (c) The compliance schedules for the sources identified below are disapproved as not meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. ---------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date of adoption ---------------------------------------------------------------------------------------------------------------- Brown Co............................. Berlin, N.H............ No. 15................. May 14, 1973. ---------------------------------------------------------------------------------------------------------------- (d) Federal compliance schedules. The compliance schedules for the sources identified below are promulgated herein in satisfaction of the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations ofthe State, unless otherwise noted. ---------------------------------------------------------------------------------------------------------------- Regulation Final compliance Source Location involved Effective date date ---------------------------------------------------------------------------------------------------------------- Brown Co.: (a) No. 11 Kraft recovery....... Berlin, N.H......... 15 Immediately......... Jan. 1973. (b) No. 11 Kraft recovery....... ......do............ 15 ......do............ Jan. 1974. (c) No. 8 Kraft recovery boiler ......do............ 15 ......do............ July 1974. main stack. (d) No. 8 Kraft recovery smelt ......do............ 15 ......do............ Dec. 1974. tank vent. (e) Heavy black liquor oxidation ......do............ 15 ......do............ June 1974. (f) No. 1 lime kiln stack....... ......do............ 15 ......do............ Jan. 1973. (g) No. 2 lime kiln stack....... ......do............ 15 ......do............ Dec. 1974. ---------------------------------------------------------------------------------------------------------------- [38 FR 12713, May 14, 1973, as amended at 38 FR 16145, June 20, 1973; 38 FR 22744, Aug. 23, 1973; 49 FR 38102, Sept. 27, 1984; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 25259, June 14, 1989] § 52.1525 EPA-approved new Hampshire state regulations. top The following table identifies that State regulations which have been submitted to and approved by EPA as revisions to the New Hampshire State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory effect. To determine regulatory requirements for a specific situation consult the plan identified in §52.1520. To the extent that this table conflicts with §52.1520, §52.1520 governs. Table 52.1525_EPA-Approved Rules and Regulations \1\_New Hampshire -------------------------------------------------------------------------------------------------------------------------------------------------------- Date Title/subject State citation adopted Date approved EPA Federal Register 52.1520 Explanation chapter \2\ State citation -------------------------------------------------------------------------------------------------------------------------------------------------------- Organizational Rules: Definitions. CH Air 100........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Sections Air 101.01- .03; .27; .31; .50; .52; .57; .63; .70- .73; .76; .78; .90; .97 and PARTs Air 102 and 103 are not part of the approved SIP. 7/21/83 2/01/84.............. 49 FR 3989........... (c)(28) Approved Section Air 101.74, Def. of `process weight.' Env-A 100............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Approved Sections Env- A 101.79, Def. of `Reasonable Available Control Technology' and Env- A 101.98, Def. of `Volatile Organic Compound.' 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 101 renumbered and completely replaced; Sections Env-A 101.21; .27; .33; .51; .53; .58; .63; .98; and Parts Env-A 102 and 103 are not part of the approved SIP. Procedural Rules.................. CH Air 200........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Parts Air 201-204 and Parts Air 206-210 are not part of the approved SIP. 10/21/82 4/21/83.............. 48 FR 17077.......... (c)(24) Section Air 205.10 added. Env-A 200............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Parts Env-A 206 and 208 and Sections Env- A 209.01-04 are not part of the approved SIP. Procedural Rules.................. Env-A 200............ 2/17/95 10/28/02............. 67 FR 65710.......... (c)(60) Approving Env-A & 205.03 & Env-A 7/23/01 205.04 as amended 7/ 23/01. Ambient Air Quality Standards..... CH Air 300........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 304 is not part of the approved SIP. Env-A 300............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 304 is not part of the approved SIP. Particulate matter................ Env-A 303............ 4/21/89 8/19/94.............. 59 FR 42768.......... (c)(40) 303.01 303.015 Sulfur Content Limits in Fuels.... CH Air 400........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Section Air 402.02 is not part of the approved SIP. 2/20/75 3/23/84.............. 49 FR 11094.......... (c)(26) Section Air 402.02 added, raising allowable sulfur-in- oil limit for but 10 sources. 10/20/83 8/07/84.............. 49 FR 31415.......... (c)(29) Revision to Section Air 402.02, raises allowable sulfur-in- oil limit for 5 source excluded at (c)(26) above. 12/15/83 8/01/84.............. 49 FR 30695.......... (c)(31) Revision to Section Air 402.02, raises allowable sulfur-in- oil limit for 2 sources excluded at (c)(26) above. 4/17/86 2/02/87.............. 52 FR 3117........... (c)(35) Revision restricting emission limits for Dartmouth College. 1/17/85 4/15/87.............. 52 FR 12164.......... (c)(36) Revision to Section Air 402.02, raises allowable sulfur-in- oil limit for James River Corp._Cascade. 9/09/85 12/14/87............. 52 FR 47392.......... (c)(38) Revision to Section Air 402.02, raises allowable sulfur-in- oil limit for James River Corp._Groveton. Env-A 400............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 405 renumbered and completely replaced; Section Env-A 405.05 (c) and (d); and Part Env-A 406 are not part of the approved SIP. Statewide Permit System........... CH Air 600........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 609 repealed at (c)(16). 1/26/84 3/13/85.............. 50 FR 10004.......... (c)(36) Revisions to Part Air 610. Env-A 600............ 12/24/90 8/14/92.............. 57 FR 36606.......... (c)(45) Part Env-A 603 renumbered and completely replaced; Sections Env-A 603.02(p), 603.03(f) and 603.03(g) are not part of the approved SIP. Statewide Permit System........... Env-A 600............ 5/21/93 7/27/01.............. FR 39104............. (c)(66) Part Env-622 6/26/97 (formally 610) 1/29/99 Adopted NSR CAA requirements Adopted plantwide definition Adopted CAA sections 173(a)(4) & (5). Statewide Permitting System....... Env-A 600............ 7/23/01 10/28/02............. 67 FR 65710.......... (c)(60) Adding Part Env-A 623: New Hampshire's PSD permit requirements. Permit Fee System................. CH Air 700........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) ..................... 12/20/84 9/17/87.............. 52 FR 35082.......... (c)(37) Revisions to Sections Air 704.01-.02 and Air 706.01-.02. Env-A 700............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) ..................... Testing and Monitoring............ CH Air 800........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 803 is not part of the approved SIP. Env-A 800............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Part Env-A 804 added; Revision to Section Env-A 802.07. 12/24/90 8/14/91.............. 56 FR 40253.......... (c)(41) Sections Env-A 802.09- .10 added. 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 803 is not part of the approved SIP. Testing Requirements.............. CH Air 800........... 1/17/92 5/25/93.............. 58 FR 29974.......... (c)(47) Part Env-A 805 Capture Efficiency Test Procedures Purpose........................... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and A 801. monitoring procedures. Testing and Monitoring for CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and Stationary Sources: General A 802. monitoring Requirements. procedures. VOC Testing....................... CH air 800, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and A 803. monitoring procedures. Capture Efficiency................ CH air 800, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and A 804. monitoring procedures. Continuous Emission Monitoring.... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and A 805. monitoring procedures. Testing for Diesel Engines and CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and Motor Vehicles. A 806. monitoring procedures. Approval of Alternate Methods..... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and A 807. monitoring procedures. Owner or Operator Obligations..... CH Air 900........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) ..................... Env-A 900............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Sections Env-A 901.021-.022 and 901.05 added; Revision to Section Env-A 901.02. 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) ..................... Recordkeeping requirements........ CH Air 900, Part Env- 11/13/92 4/9/97............... 62 FR 17092.......... (c)(49) Adds NOX A 901, section Env-A recordkeeping 901.06. requirements. CH Air 900, Part Env- 11/13/92 4/9/97............... 62 FR 17092.......... (c)(49) Adds NOX reporting A 901, section Env-A requirements. 901.07. Recordkeeping and Reporting by CH air 900, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping Sources. A 901, sections and reporting 901.01, 901.03, requirements. 901.09. Recordkeeping and Reporting by CH air 900, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping Sources. A 901, sections and reporting 901.02, 901.04, requirements. 901.05, and 901.08. Malfunctions and Breakdowns of Air CH air 900, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping Pollution Control Equipment. A 902. and reporting requirements. Compliance Schedules.............. CH air 900, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping A 903. and reporting requirements. Prevention, Abatement, and Control CH Air 1000.......... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 1002 is not of Open Source Air Pollution. part of the approval SIP. Env-A 1000........... 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 1002 is not part of the approval SIP. Open-Air Burning.................. Env-A 1001........... 5/19/89 8/19/94.............. 59 FR 42768.......... (c)(40) 1001.02 Prevention, Abatement, and Control CH Air 1200.......... 6/17/82 3/15/83.............. 48 FR 10830.......... (c)(22) Section Air 1201.07 of Stationary Source Air and Part Air 1206 Pollution Part. are not part of the approved SIP. 2/19/80 10/31/83............. 48 FR 50077.......... (c)(27) Revisions to Section 1204.02(c) and 1204.21(j); Section 1204.17 added. 7/21/83 2/01/84.............. 49 FR 3989........... (c)(28) Revision to Section Air 1204.01. 2/16/84 6/01/84.............. 49 FR 24724.......... (c)(30) Section Air 1201.05(e) added. 12/20/84 9/17/87.............. 52 FR 35082.......... (c)(37) Revisions to Sections Air 1202.07-.09; Section Air 1202.10 added. Prevention, Abatement and Control CH Air 1200.......... 1/17/92 5/25/93.............. 58 FR 29974.......... (c)(47) Part Env-A Sections of Stationary Source Air 1204.02; 1204.04; Pollution. 1204.05 through 1204.08; 1204.14 through 1204.15. Env-A 1200........... 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Revisions to Sections Env-A 1204.01-.16; Section Env-A 1204.19 added. 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Section Env-A 1206.03 is not part of the approved SIP. Env-A 1200........... 1/17/92 1/19/93.............. 58 FR 4904........... (c)(46) Revisions to Section Env-A 1204.12. Nitrogen oxides emission limits... CH Air 1200 Part Env- 5/20/94 4/9/97............... 62 FR 17092.......... (c)(49) Adds NOX RACT A 1211. requirements. Stationary Sources of Volatile CH air 1204, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... c(51) Adds VOC RACT Organic Compounds. A 1204 (except requirements. 1204.09). Limited approval only of Env-A 1204.27 Applicability Criteria and Env-A 1204.27........ 8/21/95 7/23/02.............. 67 FR 48036.......... (c)(68) Rule fully approved Compliance Options for for the New Miscellaneous and Multi-category Hampshire portion of Stationary VOC Sources. the eastern Massachusetts serious ozone nonattainment area. Source Specific Order............. Order ARD-94-001..... 5/5/95 3/10/98.............. 63 FR 11600.......... (c)(51) VOC RACT for L.W. Packard. Source specific order............. Order ARD-95-001..... 5/10/95 4/9/97............... 62 FR 17092.......... (c)(52) Source specific NOX RACT order for Groveton Paperboard Corp., in Groveton, NH. Order ARD-95-002..... 9/12/95 4/9/97............... 62 FR 17093.......... (c)(50) Source specific NOX RACT order for Plymouth Cogeneration Ltd. Partnership, in Plymouth, NH. Order ARD-95-003..... 9/19/95 4/9/97............... 62 FR 17093.......... (c)(50) Source specific NOX RACT order for Waterville Valley Ski Area Ltd., in Waterville Valley, NH. Source Specific Order............. Order ARD-95-010..... 9/10/96 3/10/98.............. 63 FR 11600.......... (c)(51) VOC RACT for Kalwall, Manchester. Source Specific Order............. Order ARD-96-001..... 10/4/96 3/10/98.............. 63 FR 11600.......... (c)(51) VOC RACT for Textile Tapes. Source specific order............. Order ARD-97-001..... 04/14/97 5/13/98.............. 63 FR 26460.......... (c)(54) Source specific NOX RACT order for Public Service of New Hampshire in Bow, NH. Source specific order............. Order ARD-95-011..... 05/06/97 5/13/98.............. 63 FR 26460.......... (c)(54) Source specific NOX RACT order for Hampshire Chemical Corporation in Nashua, NH. Source specific order............. Order ARD-97-003..... 9/24/97 5/13/98.............. 63 FR 26460.......... (c)(54) Source specific NOX RACT order for Crown Vantage in Berlin, NH. Source specific order............. Order ARD 98-001..... 7/17/98 11/14/00............. 65 FR 68082.......... (c)(64) Source-specific NOX RACT order and discrete emission reduction protocols for Public Service of New Hampshire. Source Specific Order............. Order ARD-00-001..... 4/15/02 7/23/02.............. 67 FR 48036.......... (c)(68) VOC RACT for Anheuser- Busch. Conformity of General Federal CH Env-A 1500, Part 4/19/96 8/16/99.............. 64 FR 44420.......... (c)(63) None. Actions. Env-A 1502. National Low Emission Vehicle CH air 3600.......... 7/21/99 3/9/00............... 65 FR 12480.......... (c)(65) Approval of Program. commitment to National Low Emission Vehicle Program. NOX Budget Trading Program........ Part Env-A 3200...... 7/27/98 11/14/00............. 65 FR 68082.......... (c)(57) Approval of OTC NOX budget and allowance trading program. Emission Amendments to Official NHCAR, Part Saf-C 11/17/98 1/10/01.............. 66 FR 1871 (c)(59) Part Saf-C 3221A Motor Vehicle Inspection Req. 3221A. ``Emission Amendments to Official Motor Vehicle Inspection Requirements'' adopted on November 17, 1998; Roadside Diesel Opacity Inspection NHCAR, Part Saf-C 11/17/98 1/10/01.............. 66 FR 1871 (c)(59) Part Saf-C 5800 Program Rules. 5800. ``Roadside Diesel Opacity Inspection Program Rules'' adopted on November 17, 1998. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ These regulations are applicable statewide unless otherwise noted in the Explanation section. \2\ When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter title for the air regulations changed from CH Air to Env-A. [50 FR 767, Jan. 7, 1985, as amended at 50 FR 10005, Mar. 13, 1985; 52 FR 3118, Feb. 2, 1987; 52 FR 12164, Apr. 15, 1987; 52 FR 35082, Sept. 17, 1987; 52 FR 47393, Dec. 14, 1987; 56 FR 27199, June 13, 1991; 56 FR 40253, Aug. 14, 1991; 57 FR 36605, Aug. 14, 1992; 58 FR 4904, Jan. 19, 1993; 58 FR 29974, May 25, 1993; 59 FR 42768, Aug. 19, 1994; 62 FR 17092, Apr. 9, 1997; 63 FR 11604, Mar. 10, 1998; 63 FR 26460, May 13, 1998; 64 FR 44420, Aug. 16, 1999; 65 FR 12480, Mar. 9, 2000; 65 FR 37833, June 16, 2000; 65 FR 68081, Nov. 14, 2000; 66 FR 1871, Jan. 10, 2001; 66 FR 39104, July 27, 2001; 67 FR 48036, July 23, 2002; 65 FR 65712, Oct. 28, 2002] § 52.1526 [Reserved] top § 52.1527 Rules and regulations. top (a) [Reserved] (b) The following elements are not part of the approved SIP: (1) Intergovernmental consultations (2) Public notification (3) Conflict of Interest (4) Non-SIP regulations' numbers listed below: • Chapter Env-A 100: Sections Env-A 101.21, .27, .33, .51, .53, .58., .63 and • 98; and Parts Env-A 102–103 • Chapter Env-A 200: Part Env-A 206; Part Env-A 208; and Sections 209.01–.04 • Chapter Env-A 300: Part Env-A 304 • Chapter Env-A 400: Section Env-A 405.05(c)–(d) and Part Env-A 406 • Chapter Env-A 500: Parts Env-A 501–506 • Chapter Env-A 600: Sections Env-A 603.02(p), 603.03(f)–(g) • Chapter Env-A 800: Part Env-A 803 • Chapter Env-A 1000: Part Env-A 1002 • Chapter Env-A 1100:Part Env-A 1101 • Chapter Env-A 1200: Sections Env-A 1206.03 • Chapter Env-A 1300; Parts Env-A 1301–1305 [48 FR 10833, Mar. 15, 1983, as amended at 48 FR 48665, Oct. 20, 1983; 50 FR 51250, Dec. 16, 1985; 57 FR 36607, Aug. 14, 1993] § 52.1528 Control strategy: Carbon monoxide. top (a) Approval—On February 1, 1999, the New Hampshire Department of Environmental Services submitted a revision to the State Implementation Plan to remove the Nashua Inspection/Maintenance program for carbon monoxide that ceased operating on January 1, 1995. The Nashua Inspection/Maintenance was originally approved at §52.1520(c)(39). The Nashua Inspection/Maintenance program was replaced with controls consisting of the existing federal Tier 1 emission standards for new vehicles and the federal reformulated gasoline program. (b) Approval—On February 2, 1999, the New Hampshire Department of Environmental Services submitted a request to redesignate the City of Manchester carbon monoxide nonattainment area to attainment for carbon monoxide. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a base year (1990 attainment year) emission inventory for carbon monoxide, a demonstration of maintenance of the carbon monoxide NAAQS with projected emission inventories to the year 2010 for carbon monoxide, a plan to verify continued attainment, a contingency plan, and an obligation to submit additional information in eight years acknowledging that the maintenance plan will remain in effect through the year 2020, as required by the Clean Air Act. If the area records a violation of the carbon monoxide NAAQS (which must be confirmed by the State), New Hampshire will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. The menu of contingency measures includes the enhanced safety inspection program and New Hampshire's low emission vehicle program (NLEV) as contingency measures. The redesignation request establishes a motor vehicle emissions budget of 55.83 tons per day for carbon monoxide to be used in determining transportation conformity for the Manchester area. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. (c) Approval—On February 2, 1999, the New Hampshire Department of Environmental Services submitted a request to redesignate the City of Nashua carbon monoxide nonattainment area to attainment for carbon monoxide. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a base year (1990 attainment year) emission inventory for carbon monoxide, a demonstration of maintenance of the carbon monoxide NAAQS with projected emission inventories to the year 2010 for carbon monoxide, a plan to verify continued attainment, a contingency plan, and an obligation to submit additional information in eight years acknowledging that the maintenance plan will remain in effect through the year 2020, as required by the Clean Air Act. If the area records a violation of the carbon monoxide NAAQS (which must be confirmed by the State), New Hampshire will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. The menu of contingency measures includes the enhanced safety inspection program and New Hampshire's low emission vehicle program (NLEV) as contingency measures. The redesignation request establishes a motor vehicle emissions budget of 60.13 tons per day for carbon monoxide to be used in determining transportation conformity for the Nashua area. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. [65 FR 71066, Nov. 29, 2000] § 52.1529 Significant deterioration of air quality. top New Hampshire's Part Env-A 623, “Requirements for Prevention of Significant Deterioration Permits,” as submitted on August 6, 2001, is approved as meeting the requirements of Subpart 1, Part C, Title I, of the Clean Air Act. [67 FR 65713, Oct. 28, 2002] § 52.1530 Requirements for State implementation plan revisions relating to new motor vehicles. top New Hampshire must comply with the requirements of §51.120. [60 FR 4737, Jan. 24, 1995] § 52.1531 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring and new source review. The provisions of §§52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of New Hampshire. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of New Hampshire. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987] § 52.1532 Stack height review. top The State of New Hampshire has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion technique as defined in EPA's stack height regulations, as revised on July 8, 1985. This declaration was submitted to EPA on March 21, 1986. The State has further declared in a letter from Dennis Lunderville, dated July 25, 1986, that, “As part of our new source review activities under the New Hampshire SIP and our delegated PSD authority, the New Hampshire Air Resources Agency will follow EPA's stack height regulation as revised in the Federal Register on July 8, 1985 (50 FR 27892).” Thus, New Hampshire has satisfactorily demonstrated that its regulations meet 40 CFR 51.118 and 51.164. [52 FR 49407, Dec. 31, 1987] § 52.1533 Emission inventories. top (a) The Governor's designee for the State of New Hampshire submitted a 1990 base year emission inventory for the entire state on January 26, 1993 as a revision to the State Implementation Plan (SIP). Subsequent revisions to the State's 1990 inventories were made, the last of which occurred on August 29, 1996. The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for the three nonattainment areas in the State. The three areas are the Portsmouth-Dover-Rochester serious area, the New Hampshire portion of the Boston-Lawrence-Worcester serious area, and the Manchester marginal area. (b) The inventory is for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventory covers point, area, non-road mobile, on-road mobile, and biogenic sources. (c) The Portsmouth-Dover-Rochester serious nonattainment area includes all of Strafford County and part of Rockingham County. The New Hampshire portion of the Boston-Lawrence-Worcester serious area includes portions of Hillsborough and Rockingham Counties. The Manchester marginal area contains all of Merrimack County and portions of Hillsborough and Rockingham Counties. [62 FR 55525, Oct. 27, 1997] § 52.1534 Control strategy: Ozone. top (a) Revisions to the State Implementation Plan submitted by the New Hampshire Department of Environmental Services on September 27, 1996. These revisions are for the purpose of satisfying the rate of progress requirement of section 182(c)(2)(B), and the contingency measure requirements of section 182(c)(9) of the Clean Air Act, for the Portsmouth-Dover-Rochester serious area, and the New Hampshire portion of the Boston-Lawrence-Worcester serious area. (b) Approval—Revisions to the State Implementation Plan submitted by the New Hampshire Department of Environmental Protection on June 1, 1998. The revisions are for the purpose of satisfying the one-hour ozone attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act, for the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. The revision establishes a one-hour attainment date of November 15, 2007 for the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This revision establishes motor vehicle emissions budgets of 10.72 tons per day of volatile organic compounds (VOC) and 21.37 tons per day of nitrogen oxides (NOX) to be used in transportation conformity in the New Hampshire portion of the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. [67 FR 18497, Apr. 16, 2002, as amended at 67 FR 72576, Dec. 6, 2002] Subpart FF—New Jersey top § 52.1570 Identification of plan. top (a) Title of plan: “New Jersey State Implementation Plan to meet National Air Quality Standards.” (b) The plan was officially submitted on January 26, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Miscellaneous non-regulatory additions to the plan submitted on April 17, 1972, by the New Jersey Department of Environmental Protection. (2) List of permits issued to sources allowing them particulate emissions in excess of 25 tons per year submitted on May 15, 1972, by the New Jersey Department of Environmental Protection. (3) Legal opinion of State Attorney General on State's authority to make available to the public emission data reported by sources submitted on June 23, 1972, by the New Jersey Department of Law and Public Safety. (4) Copies of the permits and certificates issued to sources exceeding 25 tons per year of particulate emissions submitted on July 6, 1972, by the New Jersey Department of Environmental Protection. (5) Revisions correcting deficiencies in the new source review procedure submitted on March 22, 1973, by the Governor. (6) Legal opinion of the State Attorney General on the State's authority to deny a permit to construct or modify a source submitted on April 18, 1973, by the New Jersey Department of Environmental Protection. (7) Revision to sulfur-in-fuel regulation, section 7:1–3.1 of New Jersey Air Pollution Control Code, submitted on November 20, 1973, by the New Jersey Department of Environmental Protection. (8) Revision to the control of open burning regulation, section 7:27–2.1 of the New Jersey Air Pollution Control Code, submitted on November 19, 1975, by the New Jersey Department of Environmental Protection. (9) Letter, dated January 16, 1976, from the New Jersey Department of Environmental Protection stating that there would be no net increase in hydrocarbon emissions as a result of the revisions to N.J.A.C. 7:27–2.1. (10) Regulation entitled: “Control and Prohibition of Air Pollution by Volatile Organic Substances,” New Jersey Administrative Code (N.J.A.C.) 7:27–16.1 et seq., submitted on January 8, 1976 by the New Jersey Department of Environmental Protection. (11) Technical justification supporting N.J.A.C. 7:27–16 et seq. submitted on March 3, 1976. (12) Revisions consisting of 16 administrative orders issued pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27–9.5(a) and technical support for these orders received on April 27, 1976 from the New Jersey Department of Environmental Protection. (13) An administrative order directed to Hunt-Wesson Foods, Inc. in Bridgeton, Cumberland County and issued pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27–9.5(a), dated June 15, 1976, and technical support for this order received by EPA on April 27, 1976, both from the New Jersey Department of Environmental Protection. (14) Revision to the Permits and Certificates regulation of the New Jersey Air Pollution Control Code, N.J.A.C. 7:27–8.1 et seq., submitted on June 8, 1976 by the New Jersey Department of Environmental Protection. (15) Revision consisting of an administrative order issued on September 14, 1976 to Owens Illinois, Inc., Cumberland County, New Jersey pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27–9.5(a) and submitted on September 17, 1976 by the New Jersey Department of Environmental Protection. (16) A revision submitted by the New Jersey Department of Environmental Protection consisting of an October 27, 1976 letter indicating the extension, to July 12, 1977, of “variances” to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27–9.1 et seq., Sulfur in Fuel, for 18 facilities; and supplemental technical information submitted in a November 22, 1976 letter. The extended “variances” including all their terms and conditions are made a part of the New Jersey State Implementation Plan. The facilities affected by these “variances”, their location and applicable sulfur in fuel oil limitation until July 12, 1977 are as follows: ------------------------------------------------------------------------ Sulfur in fuel oil Source Location limitation (percent by weight) ------------------------------------------------------------------------ National Bottle Corp................ Salem City, Salem 2.0 County. E. I. du Pont de Nemours & Co... Deepwater, Salem 1.5 County. Heinz-USA........................... Salem City, Salem 2.0 County. B. F. Goodrich Chemical Co.......... Pedricktown, Salem 1.5 County. Anchor Hocking Corp................. Salem City, Salem 2.0 County. Atlantic City Electric Deepwater Penns Grove, Salem 1.5 Station. County. E. I. du Pont de Nemours & Co... Carney's Point, Salem 1.5 County. Mannington Mills, Inc............... Salem City, Salem 2.0 County. Atlantic City Electric B. L. England Beesley Point, Cape 2.0 Station. May County. Hunt Wesson Foods, Inc.............. Bridgeton City, 2.5 Cumberland County. Kerr Glass Manufacturing Corp....... Millville City, 2.5 Cumberland County. Owens Illinois, Inc., Kimble Vineland City, 2.5 Products Division. Cumberland County. Leone Industries.................... Bridgeton City, 2.5 Cumberland County. Owens Illinois, Inc................. ......do.............. 1.5 Progresso Food Corp................. Vineland City, 2.5 Cumberland County. Bridgeton Dying & Finishing Corp Bridgeton City, 2.5 Cumberland County. Whitehead Bros. Co.................. Haleyville, Cumberland 2.5 County. Vineland Chemical Co................ Vineland City, 2.5 Cumberland County. ------------------------------------------------------------------------ (17) A revision submitted by the New Jersey Department of Environmental Protection consisting of a January 10, 1978 letter indicating the extension, to July 12, 1978, of “variances” to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27—9.1 et seq., Sulfur in Fuel, for 17 facilities and accompanying supplemental information. The extended “variances” including all their terms and conditions are made a part of the New Jersey State implementation plan. The facilities affected by these “variances,” their locations, and applicable sulfur-in-fuel-oil limitations until July 12, 1978 are as follows: ------------------------------------------------------------------------ Sulfur in fuel oil Source Location limitation (percent by weight) ------------------------------------------------------------------------ National Bottle Corp................ Salem City, Salem 2.0 County. E. I. du Pont de Nemours & Co... Deepwater, Salem 1.5 County. Heinz-U.S.A......................... Salem City, Salem 2.0 County. B. F. Goodrich Chemical Co.......... Pedricktown, Salem 1.5 County. Anchor Hocking Corp................. Salem City, Salem 2.0 County. Atlantic City Electric, Deepwater Penns Grove, Salem 1.5 Station. County. E. I. du Pont de Nemours & Co... Carney's Point, Salem 1.5 County. Mannington Mills, Inc............... Salem City, Salem 2.0 County. Atlantic City Electric, B. L. Beesley Point, Cape 2.0 England Station. May County. Kerr Glass Manufacturing Corp....... Millville City, 2.5 Cumberland County. Owens Illinois, Inc., Kimble Vineland City, 2.5 Products Division. Cumberland County. Leone Industries.................... Bridgeton, Cumberland 2.5 County. Progresso Food Corp................. Vineland City, 2.5 Cumberland County. Bridgeton Dyeing & Finishing Bridgeton City, 2.5 Corp. Cumberland County. Vineland Chemical Co................ Vineland City, 2.5 Cumberland County. Hunt-Wesson Foods, Inc.............. Bridgeton, Cumberland 2.5 County. Owens Illinois, Inc................. ......do.............. 1.5 ------------------------------------------------------------------------ (18) A revision submitted by the New Jersey Department of Environmental Protection consisting of a June 26, 1978 letter indicating the extension, to January 12, 1979 or until such time as the State places into effect revised permanent sulfur-in-fuel-oil regulations, of “variances” to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27–9.1 et seq., Sulfur in Fuel, for 17 facilities and accompanying supplemental information. The extended “variances” including all their terms and conditions are made a part of the New Jersey State Implementation Plan. The facilities affected by these “variances”, their locations, and applicable sulfur-in-fuel-oil limitations until January 12, 1979 or until such time as the State places into effect and EPA approves revised permanent sulfur-in-fuel-oil regulations are as follow: ------------------------------------------------------------------------ Sulfur in fuel oil Source Location limitation (percent by weight) ------------------------------------------------------------------------ National Bottle Corp................ Salem City, Salem 2.0 County. E. I. du Pont de Nemours & Co... Deepwater, Salem 1.5 County. Heinz_U.S.A......................... Salem City, Salem 2.0 County. B. F. Goodrich Chemical Co.......... Pedricktown, Salem 1.5 County. Anchor Hocking Corp................. Salem City, Salem 2.0 County. Atlantic City Electric, Deepwater Penns Grove, Salem 1.5 Station. County. E. I. du Pont de Nemours & Co... Carney's Point, Salem 1.5 County. Mannington Mills, Inc............... Salem City, Salem 2.0 County. Atlantic City Electric, B. L. Beesley Point, Cape 2.0 England Station. May County. Kerr Glass Manufacturing Corp....... Milville City, 2.5 Cumberland County. Owens Illinois, Inc., Kimble Vineland City, 2.5 Products Division. Cumberland County. Leone Industries.................... Bridgeton, Cumberland 2.5 County. Progresso Food Corp................. Vineland City, 2.5 Cumberland County. Bridgeton Dyeing and Finishing Corp. Bridgeton City, 2.5 Cumberland County. Vineland Chemical Co................ Vineland City, 2.5 Cumberland County. Hunt-Wesson Foods, Inc.............. Bridgeton, Cumberland 2.5 County. Owens Illinois, Inc................. ......do.............. 1.5 ------------------------------------------------------------------------ (19) A revision submitted by the New Jersey Department of Environmental Protection on July 6, 1978 consisting of amendments to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27–10.1 et seq., Sulfur in Coal, and accompanying supplemental information. (20) A revision consisting of all but one of the sections of the revised regulation, N.J.A.C. 7:27–6.1 et seq., submitted by the New Jersey Department of Environmental Protection with a March 31, 1977 cover letter which also transmitted the basis and background document and the Report of the Public Hearing. The one section that is not approved as submitted by the State is Section 6.5, “Variances.” (21) A revision submitted by the New Jersey Department of Environmental Protection on August 10, 1978 consisting of amendments to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27–9.1 et seq., Sulfur in Fuels, and accompanying supplemental information. (22) A comprehensive revision for nonattainment areas entitled, “Proposed New Jersey State Implementation Plan for the Attainment and Maintenance of Air Quality Standards,” submitted, as required by Part D of the Clean Air Act, on December 29, 1978 by the New Jersey Department of Environmental Protection. (23) Supplementary submittals, pertaining to the plan revision for nonattainment areas required by Part D of the Clean Air Act, from the New Jersey Department of Environmental Protection as follows: A package dated April 17, 1979 from the New Jersey Department of Environmental Protection to EPA entitled, “N.J. SIP Supplement 1,” and covering the State's schedule for future actions, expected costs and sources of funding, ongoing consultation process, graphical representation of reasonable further progress, schedule for promulgation of emission offset rule, commitment to adoption of tall stack policy and comments on EPA's proposed tall stack policy, discussion and schedule for resolution of the Bridgeton particulate downwash problem, summary of particulate emissions inventories for non-attainment areas, request for extension for submittal of SIP for secondary TSP standard, and expanded explanation of current I/M program. A Supplement 2 to the proposed SIP revision consisting of a cover letter dated June 20, 1979 and four attachments from the New Jersey Department of Environmental Protection to EPA covering a proposed version of the State's new source review regulation, a discussion of reasonable further progress with respect to volatile organic substance sources, the design values for ozone in the Metropolitan New York and Metropolitan Philadelphia Interstate Air Quality Control Regions, and a proposed version of the State's regulation for the control of volatile organic substances (VOS). A submittal dated July 5, 1979 from the New Jersey Department of Environmental Protection to EPA covering the State's draft regulation controlling VOS, operating and maintenance procedures for open top tanks and surface cleaners covered under the State's draft VOS control regulation, and evaporative losses from VOS storage tanks. A package consisting of a cover letter dated October 3, 1979 from the New Jersey Department of Environmental Protection to EPA and an accompanying report covering an analysis of the Bridgeton particulates downwash problem and the State's effort to execute memoranda of understanding with its Metropolitan Planning Organization. A cover letter received by EPA dated October 19, 1979 from the New Jersey Department of Environmental Protection together with the State's adopted regulation for control of VOS, N.J.A.C. 7:27–16.1 et seq., and “Report of Public Hearing and Basis for promulation . A package consisting of a letter dated January 9, 1980 from the New Jersey Department of Environmental Protection to EPA covering the conditions on SIP approval which were listed by EPA in the proposed rulemaking notice for the SIP revision and four references covering the October 3, 1979 Bridgeton particulates analysis, an updated Bridgeton particulates analysis, and an energy analysis of certain VOS controls called for in N.J.A.C. 7:27–16.1 et seq. justifying the State's position on seasonal variances for certain VOS sources. (24) A supplementary submittal, dated February 27, 1980 from the New Jersey Department of Environmental Protection consisting of five memoranda of understanding among the New Jersey Departments of Environmental Protection and Transportation and the following metropolitan planning organizations: Atlantic County Urban Area Transportation Study Cumberland County Urban Area Transportation Study Delaware Valley Regional Planning Commission Philipsburg Urban Area Transportation Study Wilmington Metropolitan Area Planning Council (25) Supplementary submittals, dated March 5, April 9 and April 10 from the New Jersey Department of Environmental Protection consisting of test methods to be used in determining compliance with the provisions of N.J.A.C. 7:27–16.1 et seq., “Control and Prohibition of Air Pollution by Volatile Organic Substances.” (26) A supplementary submittal, dated April 22, 1980, from the New Jersey Department of Environmental Protection and the New Jersey Department of Transportation consisting of three documents entitled “The Transportation Planning Process in New Jersey,” “Summary of Financial Resources for Transportation-Air Quality Planning,” and “Program for Selection of Needed Transportation Control Measures, April 1980.” (27) A supplementary submittal dated August 5, 1980 from the New Jersey Department of Environmental Protection consisting of revisions to Subchapter 18 of the New Jersey Administrative Code, entitled, “Control and Prohibitions of Air Pollution from Ambient Air Quality in Nonattainment Areas” (Emission Offset Rule), N.J.A.C. 7:27–18.1 et seq. (28) A supplementary submittal from the State of New Jersey Department of Environmental Protection, consisting of an Ambient Air Quality Monitoring SIP revision dated August 1. (29) A June 30, 1980 submittal by the New Jersey Department of Environmental Protection (NJDEP) consisting of an Amended Consent Order entered into by NJDEP and the Atlantic City Electric Company. This revision to the New Jersey State Implementation Plan establishes a construction and testing schedule designed to bring units 1 and 2 at Atlantic City Electric Company's B.L. England Generating Station at Beesley's Point, New Jersey, into compliance with New Jersey Administrative Code (N.J.A.C.) 7:27–3.1 et seq., Control and Prohibition of Smoke from Combustion of Fuel; N.J.A.C. 7:27–4.1 et seq., Control and Prohibition of Particulates from Combustion of Fuel; and N.J.A.C. 7:27–10.1 et seq., Sulfur in Coal, by March 31, 1982 and June 1, 1982, respectively. (30) A supplementary submittal dated April 27, 1981, from the New Jersey Department of Environmental Protection consisting of newly adopted revisions to a regulation concerning the Control and Prohibition of Open Burning, N.J.A.C. 7:27–21 et seq., an Order of Adoption, the Report of Public Hearing, and the Basis for the Proposed Amendments. (31) A supplementary submittal dated July 8, 1981, from the New Jersey Department of Environmental Protection consisting of newly adopted revisions to Subchapter 10, Sulfur in Solid Fuels, N.J.A.C. 7:27–10.1 et seq., an Order of Adoption, the Report of Public Hearing, and the Basis for the Proposed Amendments. (32) Revisions submitted on March 17, 1982 and April 27, 1982 by the New Jersey State Department of Environmental Protection which grant “cullet variances” to furnace number 2 of the Anchor Hocking Corporation's Salem plant and furnaces G, Y, J, K, L, M, R of the Owens-Illinois, Inc. Vineland plant. The “cullet variances” will remain in effect for up to two years from August 10, 1982. (33) A revision submitted by the New Jersey Department of Environmental Protection on December 16, 1982 consisting of amendments to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27–9.1 et seq., Sulfur in Fuels, to provide for “sulfur dioxide bubbles” and “clean conversion incentives.” (34) Revisions to the New Jersey State Implementation Plan submitted on November 23, 1982, January 18, 1983, February 14, 1983, July 11, 1983, July 28, 1983 and September 26, 1983 by the New Jersey Department of Environmental Protection. (35) A supplementary submittal dated July 11, 1983, from the Department of Environmental Protection consisting of adopted revisions to: Subchapter 3—“Control and Prohibition of Smoke from Combustion of Fuel,” dated October 12, 1977, Subchapter 4—“Control and Prohibition of Particles from Combustion of Fuel,” dated October 12, 1977, and Subchapter 5—“Prohibition of Air Pollution,” dated October 12, 1977, of Title 7, Chapter 27 of the New Jersey Administrative Code; the proposed Regulatory Amendments; the Report of the Public Hearing; and the Order of Adoption. (36) A revision submitted by the New Jersey Department of Environmental Protection to allow U.S. Gypsum Co. temporarily to burn fuel oil with a sulfur content of 2.0 percent, by weight, at either Boiler #1, #2, or #3 at its Clark, New Jersey plant. The New Jersey submittal consists of an April 14, 1983 letter transmitting a State issued February 14, 1983 Public Notice and a letter dated March 14, 1983 transmitting an Administrative consent order detailing procedures to be used by the State to determine compliance. This revision will remain in effect until March 31, 1985 or until Boiler #4 is ready to burn coal, whichever occurs first. (37) Three permanently adopted regulations were submitted on January 27, 1984 and February 1, 1984 regarding the operation of the inspection and maintenance program. These regulations pertain specifically to operating procedures for private inspection stations (New Jersey Administrative Code (N.J.A.C.) 13:20–33.1, 33.2, 33.50, and 33.51.), mechanic certification requirements (N.J.A.C. 13:20–32.4, 32.14, and 32.15), and specifications for exhaust gas analyzers (N.J.A.C. 7:27–15.1). (38) The New Jersey State Implementation Plan for attainment and maintenance of the lead standards was submitted on May 1 and August 15, 1984, and on April 22, April 29, May 17, and July 16, 1985 by the New Jersey Department of Environmental Protection. (i) Incorporated by reference. (A) Revisions to N.J.A.C. 7:27–8, “Permits and Certificates,” effective April 5, 1985. (B) Revisions to N.J.A.C. 7:27–13, “Ambient Air Quality Standards,” effective June 25, 1985. (C) Revisions to N.J.A.C. 7:27–18, “Control and Prohibition of Air Pollution from New or Altered Sources Affecting Ambient Air Quality (Emission Offset Rule),” effective March 11, 1985. (D) A July 16, 1985 letter from the Department of Environmental Protection; with attachment of letter dated July 15, 1985, contains schedules for revising N.J.A.C. 7:27–6, “Control and Prohibition of Particles from Manufacturing Process,” to incorporate maximum allowable emission rates for lead and for adopting a new section, N.J.A.C. 7:27–19, to govern the combustion of liquid fuels, if necessary. (E) “RACT-plus studies” to determine strategies to eliminate violation of the lead standards in the vicinity of Heubach, Inc., Newark and Delco Remy, New Brunswick will be completed by November 1, 1985 and control measures will be selected by January 1986. (ii) Additional material. (A) Narrative submittal of the Lead SIP, including attainment demonstration, air quality data and summary of both current and projected lead emissions. (39) A revision to the plan for attainment of the particulate matter standards submitted by the New Jersey Department of Environmental Protection on February 21, March 14, and November 18, 1985. (i) Incorporation by reference. (A) Revisions to N.J.A.C. 7:27–14, “Control and Prohibition of Air Pollution from Diesel-Powered Motor Vehicles,” effective July 1, 1985. (B) Adoption of a new section of N.J.A.C. 7:27B–4 entitled “Air Test Method 4, Testing Procedures for Motor Vehicles,” effective July 1, 1985. (C) The following sections of N.J.A.C. 16:53 “Autobus Specifications which was effective on October 17, 1983: Subchapter 3, Autobus Specifications 3.23 Certificate of Inspection 3.24 Maintenance and inspection 3.27 Exhaust Systems Subchapter 6, Autobus Specifications for Small Bus 6.15 Exhaust System 6.21 Certificate of Inspection 6.30 Maintenance and inspection Subchapter 7, Specifications for Special Autobus Type Recreational Vehicles 7.14 Exhaust Systems 7.17 Certificate of Inspection 7.23 Maintenance and inspection Subchapter 8, Specifications for Sedan Type Autobuses 8.15 Exhaust System 8.22 Certificate of Inspection 8.25 Maintenance and inspection (40) A revision to the New Jersey State Implementation Plan for attainment and maintenance of the ozone standards was submitted on April 22, 1985 by the New Jersey Department of Environmental Protection. (i) Incorporated by reference. (A) Table 2 in section 18.4(b) of N.J.A.C. 7:27–18, “Control and Prohibition of Air Pollution from New or Altered Sources Affecting Ambient Air Quality (Emission Offset Rule),” effective March 11, 1985. (41) A revision to the New Jersey State Implementation Plan (SIP) for lead was submitted on December 1, 1986, by the New Jersey Department of Environmental Protection. (i) Incorporated by reference. (A) The following operating permit amendments for the Delco Remy facility in New Brunswick: ------------------------------------------------------------------------ Permit amendment numbers Permit amendment dates ------------------------------------------------------------------------ 286-1166 through 286-1184................. All permits effective 9/24/ 86. ------------------------------------------------------------------------ (B) The following operating permit amendments for the Heubach Inc. facility in Newark: ------------------------------------------------------------------------ Permit amendment numbers Permit amendment dates ------------------------------------------------------------------------ 286-0523 through 286-0531................. All permits effective 4/30/ 86. 286-0286, 286-0287, 286-0289, 286-0290.... All permits effective 2/26/ 86. ------------------------------------------------------------------------ (ii) Additional material. (A) Technical documentation of ambient modeling and monitoring for lead in the vicinity of Delco Remy, New Brunswick. (B) Technical documentation of ambient modeling and monitoring for lead in the vicinity of Heubach Inc., Newark. (42) A revision to the New Jersey State Implementation Plan (SIP) for lead submitted on July 23, 1987 by the New Jersey Department of Environmental Protection (NJDEP) and finalized on September 25, 1987. (i) Incorporation by reference. (A) A March 4, 1986 Administrative Order and Notice of Civil Administrative Penalty Assessment (Log # A860244) from the New Jersey Department of Environmental Protection to the United States Metals Refining Company (USMR). (B) Letter of March 11, 1987 from Greenberg and Prior, attorneys for USMR, to Anthony J. McMahon, Department of Environmental Protection, Trenton, New Jersey. (ii) Additional material. (A) July 1987 Modeling Analysis for the Anchor Abrasives facility. (B) Summary of public comments and response to comments for the revision of the N.J. SIP for lead in the vicinity of USMR. (C) USMR's comments on the revised N.J. SIP for lead in the vicinity of USMR. (43) [Reserved] (44) A revision to the State Implementation Plan for Ozone submitted on October 13, 1987 by the New Jersey Department of Environmental Protection. (i) Incorporation by reference. Subchapter 2A of chapter 26, title 7 of the New Jersey Administrative Code, “Additional, Specific Disposal Regulations for Sanitary Landfills,” effective June 1, 1987. (ii) Additional material. New Jersey Department of Environmental Protection memorandum on landfill gas emissions and control, dated October 7, 1987. (45) Revisions to the New Jersey State Implementation Plan (SIP) for ozone submitted on January 27, 1989 by the New Jersey State Department of Environmental Protection (NJDEP) for its state gasoline volatility program, including any waivers that may be granted under the program by the state. In 1989, the control period will begin on June 30. (i) Incorporation by reference. Subchapter 25 of chapter 27, title 7 of the New Jersey Administrative Code entitled “Control and Prohibition of Air Pollution by Vehicular Fuels,” adopted on January 27, 1989 and effective on February 21, 1989. (ii) Additional material. April 27, 1989 letter from Christopher Daggett, NJDEP, to William Muszynski, EPA Region II. (46) Revisions to the New Jersey State Implementation Plan (SIP) for ozone concerning motor vehicle refueling controls dated February 22, 1988, submitted by the New Jersey Department of Environmental Protection (NJDEP). (i) Incorporation by reference: Amendments to sections 16.1 and 16.3 of subchapter 16 of title 7 of the New Jersey Administrative Code, entitled “Control and Prohibition of Air Pollution by Volatile Organic Substances,” effective January 19, 1988. (ii) Additional material: (A) February 22, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad Simon, EPA, requesting EPA approval of the amendments to subchapter 16. (B) April 18, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad Simon, EPA, providing copies of the test methods and permit approval conditions applicable to Stage II vapor recovery systems in New Jersey. (47) Revisions to the New Jersey State Implementation Plan (SIP) for ozone concerning the motor vehicle inspection and maintenance (I/M) program dated March 6, 1987, submitted by the New Jersey Department of Environmental Protection (NJDEP). (i) Incorporation by reference. (A) Amendments to title 7, chapter 27, subchapter 15 of the New Jersey Administrative Code, entitled “Control and Prohibition of Air Pollution From Gasoline-Fueled Motor Vehicles,” effective January 21, 1985. (B) Amendments to title 13, chapter 20, subchapter 28 of the New Jersey Administrative Code, entitled “Enforcement Service Inspection of New Passenger Vehicles and New Motorcycles,” effective January 21, 1985. (ii) Additional material. (A) July 24, 1990 letter from David West, NJDEP, to Rudolph Kapichak, EPA, submitting the results of the study by Pacific Environmental Services on the health risks of performing the fuel inlet restrictor inspections. (B) July 1, 1990 letter from David West, NJDEP, to Rudolph Kapichak, EPA, notifying of the resumption of fuel inlet restrictor inspections. (48) A revision submitted on June 3, 1988 by the New Jersey Department of Environmental Protection (NJDEP) to revise its implementation plan to include revised testing procedures. (i) Incorporation by reference: New Jersey Administrative Code 7:27B–3, “Air Test Method 3—Sampling and Analytical Procedures for the Determination of Volatile Organic Substances from Source Operations,” effective 9/8/86. (ii) Additional material: October 15, 1990 letter from William O'Sullivan, NJDEP to William S. Baker, EPA. (49) Revisions to the New Jersey State Implementation Plan (SIP) for ozone concerning the control of fugitive gasoline vapors resulting from the loading of marine transport vessels, dated June 20, 1990, submitted by the New Jersey Department of Environmental Protection and Energy (NJDEPE). (i) Incorporation by reference. (A) Amendments to Title 7, Chapter 27, Subchapter 16 of the New Jersey Administrative Code, entitled “Control and Prohibition of Air Pollution by Volatile Organic Substances,” effective February 6, 1989. (B) Amendment to Title 7, Chapter 27, Subchapter 16 of the New Jersey Administrative Code, entitled “Control and Prohibition of Air Pollution by Volatile Organic Substances,” effective December 4, 1989. (ii) Additional material. (A) June 20, 1990, letter from Anthony J. McMahon, NJDEPE, to Conrad Simon, EPA, requesting EPA approval of the amendments to subchapter 16. (50) Regulation entitled “Volatile Organic Substances in Consumer Products” N.J.A.C. 7–27–23.1 et seq., dated July 30, 1990, submitted by the New Jersey Department of Environmental Protection and Energy (NJDEPE). (i) Incorporation by reference: (A) Title 7, Chapter 27, Subchapter 23 of the New Jersey Administrative Code, entitled “Volatile Organic Substances in Consumer Products” effective February 21, 1989. (B) Amendment to Title 7, Chapter 27, Subchapter 23 of the New Jersey Administrative Code, entitled “Volatile Organic Substances in Consumer Products” effective December 12, 1989. (C) Amendment to Title 7, Chapter 27, Subchapter 23 of the New Jersey Administrative Code, entitled “Volatile Organic Substances in Consumer Products” effective August 9, 1990. (ii) Additional material: (A) July 30, 1990 letter from Anthony J. McMahon, NJDEPE, to Conrad Simon, EPA, requesting EPA approval of Subchapter 23. (51) Revisions to the New Jersey State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds from stationary sources, dated March 31, 1987, December 7, 1989, and March 13, 1992, submitted by the New Jersey State Department of Environmental Protection and Energy (NJDEPE). (i) Incorporation by reference. (A) Amendments to Chapter 27, Title 7 of the New Jersey Administrative Code Subchapter 16, “Control and Prohibition of Air Pollution by Volatile Organic Substances,” effective September 22, 1986, (B) Amendments to Chapter 27, Title 7 of the New Jersey Administrative Code Subchapter 16, “Control and Prohibition of Air Pollution by Volatile Organic Substances,” effective June 19, 1989, (C) Amendments to Chapter 27, Title 7 of the New Jersey Administrative Code: Subchapter 8, “Permits and Certificates, Hearings, and Confidentiality,” effective March 2, 1992; Subchapter 16, “Control and Prohibition of Air Pollution by Volatile Organic Compounds,” effective March 2, 1992, Subchapter 17, “Control and Prohibition of Air Pollution by Toxic Substances,” effective March 2, 1992; Subchapter 23, “Prevention of Air Pollution by Architectural Coatings and Consumer Products,” effective March 2, 1992; Subchapter 25, “Control and Prohibition of Air Pollution from Vehicular Fuels,” effective March 2, 1992; and Subchapter 3, “Air Test Method 3: Sampling and Analytic Procedures for the Determination of Volatile Organic Compounds from Source Operations,” effective March 2, 1992. (ii) Additional material. (A) March 31, 1987, letter from Jorge Berkowitz, NJDEP, to Conrad Simon, EPA requesting EPA approval of the amendments to Subchapter 16. (B) December 7, 1989, letter from Anthony McMahon, NJDEP, to Conrad Simon, EPA requesting EPA approval of the amendments to Subchapter 16. (C) March 13, 1992, letter from Nancy Wittenberg, NJDEPE, to Conrad Simon, EPA requesting EPA approval of the amendments to Subchapter 16. (52) Amendments submitted on April 21, 1993 by the New Jersey Department of Environmental Protection and Energy to New Jersey Air Code 7:27–25 revising the testing requirements to gasoline providers in New Jersey are subject. (i) Incorporation by reference: (A) Amendments to Chapter 27, Title 7 of the New Jersey Administrative Code Subchapter 25, “Control and Prohibition of Air Pollution from Vehicular Fuels,” effective September 3, 1991. (53) A revision to the New Jersey State Implementation Plan (SIP) for an Emission Statement Program dated February 19, 1993, submitted by the New Jersey Department of Environmental Protection and Energy. (i) Incorporation by reference: (A) Title 7, Chapter 27, Subchapter 21, of the New Jersey Administrative Code entitled, “Emission Statements,” effective March 15, 1993. (ii) Additional information: (A) May 24, 1993 letter from John Elston to Conrad Simon, EPA, transmitting supporting documentation necessary for approval of the SIP revisions. These items included: (1) Notice of Adoption, March 15, 1993. (2) Justification of Gasoline Dispensing Facility Exemption. (B) October 29, 1993 letter from John Elston to Conrad Simon, EPA, transmitting legislative language to reflect change in New Jersey's Air Pollution Control Act regarding confidentiality provisions. (C) February 3, 1994 letter from John Elston to Conrad Simon, EPA, requesting the use of EPA's Emission Statement waiver provision. (54) Revisions to the New Jersey State Implementation Plan (SIP) for carbon monoxide concerning the control of carbon monoxide from mobile sources, dated November 15, 1992 and November 21, 1994 submitted by the New Jersey State Department of Environmental Protection (NJDEP). (i) Incorporation by reference. (A) Chapter 27, Title 7 of the New Jersey Administrative Code Subchapter 18, “Control and Prohibition of Air Pollution from New or Altered Sources Affecting Ambient Air Quality (Emission Offset Rules),” effective March 15, 1993. (ii) Additional material. (A) November 21, 1994, Technical update to the New Jersey Carbon Monoxide SIP. (55)–(56) [Reserved] (57) The redesignation and maintenance plan for Camden County and the Nine not-classified areas (the City of Trenton, the City of Burlington, the Borough of Penns Grove (part), the Borough of Freehold, the City of Morristown, the City of Perth Amboy, the City of Toms River, the Borough of Somerville, and the City of Atlantic City) submitted by the New Jersey Department of Environmental Protection on September 28, 1995, as part of the New Jersey SIP. The 1990 Baseline CO Emission Inventory for the State of New Jersey was submitted on November 15, 1992 and a Technical Update was submitted on November 21, 1994. (i) Incorporation by reference. (A) “New Jersey Carbon Monoxide State Implementation Plan Redesignation And Maintenance Plan For Camden County,” section 5.f, effective date September 28, 1995. (B) “New Jersey Carbon Monoxide State Implementation Plan Redesignation and Maintenance Plan for the Nine Not-Classified Nonattainment Areas,” section 5.f, effective date September 28, 1995. (ii) Additional material. (A) “New Jersey Carbon Monoxide State Implementation Plan Redesignation And Maintenance Plan For Camden County” with appendices, September 28, 1995. (B) “New Jersey Carbon Monoxide State Implementation Plan Redesignation and Maintenance Plan for the Nine Not-Classified Nonattainment Areas” with appendices, September 28, 1995. (58) Revisions to the New Jersey State Implementation Plan (SIP) for carbon monoxide concerning the oxygen content of motor vehicle gasoline, dated November 15, 1992 submitted by the New Jersey State Department of Environmental Protection (NJDEP). (i) Incorporation by reference. (A) Amendments to Chapter 27, Title 7 of the New Jersey Administrative Code Chapter 27, Subchapter 25, “Control and Prohibition of Air Pollution by Vehicular Fuels,” effective October 5, 1992 (as limited in §52.1605). (59) Revisions to the State Implementation Plan submitted by the New Jersey Department of Environmental Protection on May 26, 1995, November 8, 1995, January 10, 1996 and October 10, 1996. (i) Incorporation by reference. (A) Conditions of Approval Documents (COAD): The following facilities have been issued conditions of approval documents by New Jersey: (1) Edgeboro Disposal's landfill gas flares, Middlesex County, NJ COAD approval dated April 13, 1995, revised October 19, 1995 (effective November 6, 1995). (2) E.I. duPont DeNemours and Co.'s carbon regeneration furnace, Salem County, NJ COAD approval dated June 7, 1995. (3) Hoeganaes Corp.'s electric arc furnace and tunnel kiln, Burlington County, NJ COAD approval dated February 3, 1995. (4) E.I. duPont DeNemours and Co.'s hazardous waste incinerator, Salem County, NJ COAD approval dated July 7, 1995. (5) Rollins Environmental Services' hazardous waste incinerator, Gloucester County, NJ COAD approval dated May 25, 1995. (6) American Ref-Fuel's Municipal Waste Incinerator, Essex County, NJ NOX RACT approval dated February 6, 1995. (7) Union County Utilities Authority's Municipal Waste Incinerator, Union County; NJ NOX RACT approval dated May 10, 1994 with an attached permit to construct, operate, and a PSD permit dated December 29, 1989. (8) PSE&G's Hudson Station Unit No. 2 utility boiler, Hudson County, NJ COAD approval dated May 9, 1995. (9) Algonquin Gas Transmission Co.'s simple cycle combustion turbines, Morris County, NJ COAD approval dated March 31, 1995. (10) Hoffmann-La Roche's combined cycle combustion turbines, Essex County, NJ COAD approval dated May 8, 1995. (11) International Flavors and Fragrances' non-utility boiler Number 5, Monmouth County, NJ COAD approval dated June 9, 1995. (12) Parsippany-Troy Hills Township Sewer Authority's sewage sludge incinerators, Morris County, NJ COAD approval dated October 13, 1995. (13) Johnson Matthey's multi-chamber metals recovery furnace, Gloucester County, NJ COAD approval dated June 13, 1995. (14) 3M Company's rotary kiln and dryers, Somerset County, NJ COAD approval dated May 4, 1995. (15) Sandoz Pharmaceuticals Corporation's trash fired boiler, Morris County, NJ COAD approval dated March 23, 1995. (16) General Motors Corporation's non-utility boiler (No.4), Mercer County, NJ COAD approval dated June 22, 1995. (17) General Motors Corporation's Topcoat system, Union County, NJ COAD approval dated November 6, 1995. (18) United States Pipe and Foundry Company's cupolas and annealing ovens (No. 2 and No. 3), Burlington County, NJ COAD approval dated October 16, 1995. (19) Griffin Pipe Products Company's cupola and annealing furnace, Burlington County, NJ COAD approval dated December 14, 1995. (20) Texas Eastern Transmission Corporation's internal combustion engines, Hunterdon County, NJ COAD approval dated May 9, 1995. (21) Texas Eastern Transmission Corporation's internal combustion engines, Union County, NJ COAD approval dated May 9, 1995. (ii) Additional information. Documentation and information to support NOX RACT facility-specific emission limits or alternative emission limits in four letters addressed to Regional Administrator Jeanne M. Fox from New Jersey Commissioner Robert C. Shinn, Jr. dated: (A) May 26, 1995 for two SIP revisions; (B) November 8, 1995 for eight SIP revisions; (C) January 10, 1996 for ten SIP revisions; and (D) October 10, 1996 for two SIP revisions. (60) A revision to the New Jersey State Implementation Plan (SIP) for ozone for adoption of rules for application of reasonably available control technology (RACT) for oxides of nitrogen (NOX dated November 15, 1993, submitted by the New Jersey Department of Environmental Protection and Energy. (i) Incorporation by reference. (A) Title 7, Chapter 27, Subchapter 19, of the New Jersey Administrative Code entitled “Control and Prohibition of Air Pollution from Oxides of Nitrogen,” effective December 20, 1993. (ii) Additional information: (A) November 15, 1993 letter from Jeanne Fox, NJDEPE, to William J. Muszynski, EPA, requesting EPA approval of Subchapter 19. (61) [Reserved] (62) Revisions to the New Jersey State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds from consumer and commercial products, dated January 25, 1996 submitted by the New Jersey Department of Environmental Protection (NJDEP). (i) Incorporation by reference. (A) Title 7, Chapter 27, Subchapter 24, of the New Jersey Administrative Code entitled “Control and Prohibition of Volatile Organic Compounds from Consumer and Commercial Products” effective November 6, 1995. (ii) Additional material. (A) January 25, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 24. (63) Revisions to the New Jersey State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds from stationary sources, dated November 15, 1993 and two revisions dated June 21, 1996 submitted by the New Jersey Department of Environmental Protection (NJDEP). (i) Incorporation by reference: (A) Amendments effective December 20, 1993 to Title 7, Chapter 27 of the New Jersey Administrative Code Subchapter 16, “Control and Prohibition of Air Pollution by Volatile Organic Compounds.” (B) Amendments effective June 20, 1994 to Title 7, Chapter 27 of the New Jersey Administrative Code: Subchapter 8, “Permits and Certificates” (sections 8.1 and 8.2), Subchapter 16, “Control and Prohibition of Air Pollution by Volatile Organic Compounds,” Subchapter 17, “Control and Prohibition of Air Pollution by Toxic Substances,” Subchapter 23, “Prevention of Air Pollution From Architectural Coatings and Consumer Products,” and Subchapter 25, “Control and Prohibition of Air Pollution by Vehicular Fuels.” Amendments effective June 20, 1994 to Title 7, Chapter 27B, Subchapter 3 of the New Jersey Administrative Code Air Test Method 3—“Sampling and Analytical Procedures for the Determination of Volatile Organic Compounds from Source Operations.” (C) Amendments effective December 5, 1994 to Title 7, Chapter 27 of the New Jersey Administrative Code Subchapter 16, “Control and Prohibition of Air Pollution by Volatile Organic Compounds.” (D) Amendments effective May 15, 1995 to Title 7, Chapter 27 of the New Jersey Administrative Code Subchapter 16, “Control and Prohibition of Air Pollution by Volatile Organic Compounds.” (E) Amendments effective July 17, 1995 to Title 7, Chapter 27 of the New Jersey Administrative Code Subchapter 16, “Control and Prohibition of Air Pollution by Volatile Organic Compounds.” (ii) Additional material: (A) November 15, 1993 letter from Jeanne Fox, NJDEP, to William J. Muszynski, EPA, requesting EPA approval of Subchapter 16. (B) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne M. Fox, EPA, requesting EPA approval of Subchapters 8, 16, 17, 23, 25 and Air Test Method 3. (C) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 16. (64) Revisions to the State Implementation Plan submitted by the New Jersey Department of Environmental Protection on June 18, 1996, July 10, 1996, December 17, 1996 and May 2, 1997. (i) Incorporation by reference. (A) Conditions of Approval Documents (COAD) or Facility Wide Permit. The following facilities have been issued COADs or facility wide permits by New Jersey: (1) Geon Company's direct-fired dryers, Salem County, NJ facility wide permit dated January 30, 1997. Incorporation by reference includes only the pages with permit limits related to the dryers. (2) PQ Corporation/Industrial Chemicals' Sodium Silicate Furnace, Middlesex County, NJ COAD approval dated December 2, 1994. (3) Air Products and Chemicals' Hazardous Waste Incinerator, Gloucester County, NJ COAD approval dated January 25, 1996. (4) Stony Brook Regional Sewerage Authority's sewage sludge incinerators, Mercer County, NJ COAD approval dated October 27, 1995 and modified on May 16, 1996. (5) Township of Wayne, Mountain View Water Pollution Control Facility's sewage sludge incinerators, Passaic County, NJ COAD approval dated September 20, 1996. (6) Atlantic States Cast Iron Pipe Company's cupola and annealing oven, Warren County, NJ COAD approval dated November 22, 1994. (7) Warren County Resource Recovery Facility's Municipal Waste Incinerators, Warren County, NJ COAD dated August 1, 1996. (8) Hercules Incorporated's Nitration System, Acid Concentrators, and Open Pit Burner, Union County, NJ COAD dated May 1, 1996. (9) US Department of Navy, Naval Air Warfare Center Aircraft Division's jet engine test cells, Mercer County, NJ COAD approval dated October 31, 1995. (10) Atlantic Electric Company's Utility Boiler #8, Salem County, NJ COAD approval dated February 25, 1997. (11) U.S. Generating Company—Carneys Point Generating Plant's auxiliary boiler, Salem County, NJ COAD approval dated February 2, 1996. (12) U.S. Generating Company—Logan Generating Plant's auxiliary boiler, Salem County, NJ COAD approval dated February 2, 1996. (13) Schering Corporation's heat recovery steam generator with duct burner, Union County, NJ COAD approval dated January 5, 1996. (14) [Reserved] (15) Elizabethtown Water Company's internal combustion engines, Somerset County, NJ COAD approval dated May 8, 1996. (ii) Additional information—Documentation and information to support NOX RACT facility-specific emission limits, alternative emission limits, or repowering plan in four letters addressed to Regional Administrator Jeanne M. Fox from New Jersey Commissioner Robert C. Shinn, Jr. dated: (A) June 18, 1996 for four SIP revisions, (B) July 10, 1996 for three SIP revisions, (C) December 17, 1996 for five SIP revisions, (D) May 2, 1997 for three SIP revisions. (65) Revision to the New Jersey State Implementation Plan (SIP) for ozone, submitting a New Jersey Clean Fleets program with Ozone Transport Commission Low Emission Vehicle (OTC-LEV) program as an effective backstop, substituted for the Clean Fuel Fleet program, dated February 15, 1996, March 29, 1996, and March 6, 1997, submitted by the New Jersey Department of Environmental Protection (NJDEP). (i) Incorporation by reference. Title 7, Chapter 27, Subchapter 26, “Ozone Transport Commission Low Emission Vehicles Program,” effective December 18, 1995. (ii) Additional material. (A) Letter dated February 15, 1996 from NJDEP Commissioner Shinn to Region 2 Administrator Jeanne M. Fox transmitting first version of NJCF program. (B) Letter dated March 29, 1996 from NJDEP Commissioner Shinn to Region 2 Administrator Jeanne M. Fox supplementing February 15, 1996 submittal. (C) “SIP Revision for the Attainment and Maintenance of the Ozone National Ambient Air Quality Standards, New Jersey Clean Fleets (NJCF) SIP,” March 6, 1997. (1) NJCF Appendix D: “New Jersey Clean Fleets (NJCF) Program (1996 Action Plan Recommendations).” (2) NJCF Appendix H: Response to Public Comments, NJCF Program, dated February 14, 1997. (3) February 20, 1998 letter from Sharon Haas, Principal Environmental Specialist, NJDEP, to George Krumenacker, Transportation Services Specialist I, Bureau of Transportation Services, New Jersey Department of Treasury. (4) March 25, 1998 Memo from Colleen Woods, Acting Director, Motor Vehicle Services, to Sharon Haas, Principal Environmental Specialist, NJDEP. (66) A revision to the New Jersey State Implementation Plan (SIP) for ozone concerning revisions to the rule for requiring reasonably available control technology (RACT) for sources emitting oxides of nitrogen (NOX) dated March 24, 1995, submitted by the New Jersey Department of Environmental Protection. (i) Incorporation by reference: (A) Title 7, Chapter 27, Subchapter 19, of the New Jersey Administrative Code entitled “Control and Prohibition of Air Pollution from Oxides of Nitrogen,” effective April 17, 1995. (ii) Additional information: (A) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne M. Fox, EPA, requesting EPA approval of revisions to Subchapter 19. (67) Revision to the New Jersey State Implementation Plan (SIP) for ozone, submitting amended New Jersey Ozone Transport Commission—Low Emission Vehicle (OTC-LEV) program, Opting into the National Low Emission Vehicle (National LEV) Program, dated February 22, 1999, submitted by the New Jersey Department of Environmental Protection (NJDEP). (i) Incorporation by reference: Title 7, Chapter 27, Subchapter 26, “Ozone Transport Commission—Low Emission Vehicles Program,” effective March 1, 1999. (ii) Additional information: Letter from the New Jersey Department of Environmental Protection Commissioner Shinn, dated February 22, 1999, submitting a revision to the New Jersey State Implementation Plan for the National Low Emission Vehicle program. (68) Revisions to the New Jersey State Implementation Plan (SIP) for carbon monoxide concerning the oxyfuel program, dated August 7, 1998, submitted by the New Jersey State Department of Environmental Protection (NJDEP). (i) Incorporation by reference: Amendments to Title 7, Chapter 27 of the New Jersey Administrative Code Subchapter 25, “Control and Prohibition of Air Pollution by Vehicular Fuels,” effective August 17, 1998 (as limited in section 52.1605). (69) A revision to the State Implementation Plan submitted on April 26, 1999 and supplemented on July 31, 2000 by the New Jersey Department of Environmental Protection that establishes the NOX Budget Trading Program. (i) Incorporation by reference: (A) Title 7, Chapter 27, Subchapter 31, of the New Jersey Administrative code entitled “NOX Budget Program” adopted on June 17, 1998, and effective on July 20, 1998. (ii) Additional information. (A) Letter from the New Jersey Department of Environmental Protection dated April 26, 1999, submitting the NOX Budget Trading Program as a revision to the New Jersey State Implementation Plan for ozone. (B) Letter from the New Jersey Department of Environmental Protection dated July 29, 1999, committing to correcting the violation definition deficiency within one year of EPA's final action. (C) Letter from the New Jersey Department of Environmental Protection dated July 31, 2000, supplementing the April 26, 1999 SIP submittal with the amended violation provisions. (D) Guidance for Implementation of Emissions Monitoring Requirements for the NOX Budget Program, dated January 28, 1997. (E) NOX Budget Program Monitoring Certification and Reporting Requirements, dated July 3, 1997. (F) Electronic Data Reporting, Acid Rain/NOX Budget Program, dated July 3, 1997. (G) Measurement Protocol for Commercial, Industrial and Residential Facilities, April 28, 1993. (70) Revisions to the State Implementation Plan submitted on December 10, 1999 and July 31, 2000 by the State of New Jersey Department of Environmental Protection that establishes the NOX Budget Trading Program, a 2007 Statewide NOX emissions budget, and a commitment by New Jersey to comply with the section 51.122 reporting requirements. (i) Incorporation by reference: (A) Regulation Subchapter 31 of Title 7, Chapter 27 of the New Jersey Administrative Code, entitled “NOX Budget Program,” adopted on July 31, 2000 and effective on August 21, 2000. (ii) Additional material: (A) Letter from State of New Jersey Department of Environmental Protection dated December 10, 1999, requesting EPA approval of the Ozone SIP, entitled “State Implementation Plan (SIP) Revision for the Attainment and Maintenance of the Ozone and Carbon Monoxide National Ambient Air Quality Standards; Meeting the Requirements of the Regional NOX Cap Program and Transportation Conformity Budgets Related to the Attainment of the Ozone and Carbon Monoxide National Ambient Air Quality Standards; December 1, 1999,” as a revision to the State of New Jersey Implementation Plan for ozone. (B) Letter from State of New Jersey Department of Environmental Protection dated July 31, 2000, requesting EPA approval of the NOX Budget Program as a revision to the New Jersey State Implementation Plan for ozone. This submittal also contains 2007 State-wide NOX emissions budget information that is supplemental to the December 10, 1999 SIP submittal. (71) Revisions to the New Jersey State Implementation Plan (SIP) concerning the Enhanced Inspection and Maintenance Program, submitted on August 20, 2001 by the New Jersey State Department of Environmental Protection (NJDEP). (i) Incorporation by reference: (A) Amendments to Title 7, Chapter 27 of the New Jersey Administrative Code (NJAC) Subchapter 15, “Control and Prohibition of Air Pollution From Gasoline-Fueled Motor Vehicles,” effective November 15, 1999. (B) Amendments to Title 7, Chapter 27B of the NJAC Subchapter 4, “Air Test Method 4: Testing Procedures for Motor Vehicles,” effective November 15, 1999. (C) Amendments to Title 13, Chapter 20 of the NJAC Subchapter 28, “Inspection of New Motor Vehicles” (Sections: 28.3, 28.4, 28.6), effective December 6, 1999. (D) Title 13, Chapter 20 of the NJAC: Subchapter 7, “Vehicle Inspection” (Sections: 7.1, 7.2, 7.3, 7.4, 7.5, 7.6); Subchapter 24, “Motorcycles” (Section: 24.20); Subchapter 26, “Compliance With Diesel Emission Standards and Equipment, Periodic Inspection Program for Diesel Emissions, and Self-Inspection of Certain Classes of Motor Vehicles” (Section: 26.16); Subchapter 29, “Mobile Inspection Unit” (Sections: 29.1, 29.2, 29.3); Subchapter 32, “Inspection Standards and Test Procedures To Be Used By Official Inspection Facilities”; Subchapter 33, “Inspection Standards and Test Procedures To Be Used By Licensed Private Inspection Facilities”; Subchapter 43, “Enhanced Motor Vehicle Inspection and Maintenance Program”; Subchapter 44, “Private Inspection Facility Licensing”; and Subchapter 45, “Motor Vehicle Emission Repair Facility Registration”, effective December 6, 1999. (E) Title 13, Chapter 21 Subchapter 5, “Registrations” (Section: 5.12) and Subchapter 15, “New Jersey Licensed Motor Vehicle Dealers” (Section: 15.7), effective December 6, 1999. (72) Revisions to the New Jersey State Implementation Plan (SIP) concerning the Enhanced Inspection and Maintenance Program, submitted on December 3, 2002 by the New Jersey State Department of Environmental Protection (NJDEP). (i) Incorporation by reference: (A) New Jersey Revised Statutes. (1) Public Law 2002, Chapter 34, paragraph 15 amending N.J.S.A. 39:8–2.c, enacted on July 1, 2002. (73) Revisions to the State Implementation Plan submitted by the New Jersey Department of Environmental Protection on January 21, 1998, June 12, 1998 and April 26, 1999; and a letter which notified EPA of a revised permit limit submitted by the New Jersey Department of Environmental Protection on February 21, 2001. (i) Incorporation by reference: (A) Conditions of Approval Documents (COAD) or modified prevention of significant deterioration (PSD) permit: The following facilities have been issued COADs or modified PSD permit by New Jersey: (1) American Ref-Fuel Company/Essex County Resource Recovery Facility, Newark, Essex County, NJ PSD permit modification dated July 29, 1997. Incorporation by reference includes only the NOX emission limits in section A.6 of the July 29, 1997 PSD permit. (2) Co-Steel Corporation's (formerly New Jersey Steel Corporation) electric arc furnace/melt shop and billet reheat furnace, Sayreville, Middlesex County, NJ COAD approval dated September 3, 1997. (3) Co-Steel Raritan Corporation's electric arc furnace/ladle metallurgy system and billet reheat furnace, Perth Amboy, Middlesex County, NJ COAD approval dated June 22, 1998. (4) Homasote Company's natural gas dryer (wet fibreboard mat dryer), West Trenton, Mercer County, NJ COAD approval dated October 19, 1998. (5) Milford Power Limited Partnership's combined cycle cogeneration facility, Milford, Hunterdon County, NJ COAD approval dated August 21, 1997. (6) University of Medicine and Dentistry of New Jersey's cogeneration units and Cleaver Brooks non-utility boilers, Newark, Essex County, NJ COAD dated June 26, 1997. (7) Roche Vitamins Inc's cogeneration facility and Boiler No. 1, Belvidere, Warren County, NJ COAD dated June 10, 1998. The cogeneration facility consists of one reciprocal engine (21.5 MW) and one heat recovery steam generator (HRSG) equipped with a duct burner (Boiler No. 6). (8) Township of Wayne, Mountain View Water Pollution Control Facility's sewage sludge incinerators, Passaic County, NJ permit revision dated December 21, 2000. (ii) Additional information—Documentation and information to support NOX RACT facility-specific emission limits, alternative emission limits, or repowering plan in three SIP revisions addressed to Regional Administrator Jeanne M. Fox from New Jersey Commissioner Robert C. Shinn, Jr. and one letter addressed to Acting Regional Administrator William J. Muszynski from Dr. Iclal Atay, Chief Bureau of Air Quality Engineering dated: (A) January 21, 1998 SIP revision for two sources, (B) June 12, 1998 SIP revision for one source, (C) April 26, 1999 SIP revision for four sources, (D) February 21, 2001 for a revised permit limit for one source. (74) Revisions to the State Implementation Plan submitted on June 4, 2003 and January 6, 2004 by the State of New Jersey Department of Environmental Protection that establishes control programs for mobile equipment repair and refinishing operations, solvent cleaning operations and refueling of motor vehicles at gasoline service stations. (i) Incorporation by reference: (A) Regulation Subchapter 16 of Title 7, Chapter 27 of the New Jersey Administrative Code, entitled “Control and Prohibition of Air Pollution from Volatile Organic Compounds,” adopted on April 30, 2003 and effective on June 29, 2003. (ii) Additional material: (A) Letter from State of New Jersey Department of Environmental Protection dated June 4, 2003, requesting EPA approval of a revision to the Ozone SIP which contains amendments to the Subchapter 16 “Control and Prohibition of Air Pollution from Volatile Organic Compounds.” (B) Letter from State of New Jersey Department of Environmental Protection dated January 6, 2004 providing a compiled version of Subchapter 16 which include the amendments. (75) Revisions to the State Implementation Plan submitted on January 23, 2003 by the State of New Jersey Department of Environmental Protection for the purpose of enhancing an existing Emission Statement Program for stationary sources in New Jersey. The SIP revision was submitted by New Jersey to satisfy the Clean Air Act requirements for stationary sources to report annually to the State on their emissions of volatile organic compounds (VOC), oxides of nitrogen (NOX) and carbon monoxide (CO), in order for the State to make this data available to EPA and the public. (i) Incorporation by reference: (A) Amended Regulation Subchapter 21 of Title 7, Chapter 27 of the New Jersey Administrative Code, entitled “Emission Statements,” adopted on January 23, 2003 and effective on February 18, 2003. (ii) Additional material: (A) Letter from State of New Jersey Department of Environmental Protection dated January 23, 2003, requesting EPA approval of a revision to the Ozone and CO SIP which contains amendments to the Subchapter 21 “Emission Statements.” (76) Revisions to the New Jersey State Implementation Plan (SIP) concerning the Enhanced Inspection and Maintenance Program, submitted on August 13, 2003 by the New Jersey Department of Environmental Protection (NJDEP). (i) Incorporation by reference: (A) Title 13, Chapter 20 of the NJAC: Subchapter 7, “Vehicle Inspections” (Section: 7.1); Subchapter 26, “Compliance With Diesel Emission Standards and Equipment, Periodic Inspection Program for Diesel Emissions, and Self-Inspection of Certain Classes of Motor Vehicles” (Sections: 26.2, 26.16); Subchapter 28, “Inspection of New Motor Vehicles” (Section 28.3); Subchapter 29, “Mobile Inspection Unit” (Section: 29.2); Subchapter 32, “Inspection Standards and Test Procedures To Be Used By Official Inspection Facilities”; Subchapter 33, “Inspection Standards and Test Procedures To Be Used By Licensed Private Inspection Facilities”; Subchapter 43, “Enhanced Motor Vehicle Inspection and Maintenance Program”; Subchapter 44, “Private Inspection Facility Licensing”; and Subchapter 45, “Motor Vehicle Emission Repair Facility Registration,” effective May 19, 2003. (ii) Additional material: (A) Letter from State of New Jersey Department of Environmental Protection dated August 13, 2003, requesting EPA approval of a revision to the Enhanced Inspection and Maintenance Program SIP which contains amendments to the Subchapter 16 “Control and Prohibition of Air Pollution from Volatile Organic Compounds.” (77) Revisions to the State Implementation Plan submitted by the New Jersey Department of Environmental Protection on July 1, 1999 and supplemented on September 12, 2002, September 26, 2002, April 3, 2003 and May 8, 2003. (i) Incorporation by reference: Conditions of Approval Document: Conditions of Approval Document issued by New Jersey on July 1, 1999 to Repauno Products, LLC's sodium nitrite manufacturing plant, Gibbstown, Gloucester County. (ii) Additional information—Documentation and information to support NOX RACT facility-specific emission limits in SIP revision addressed to Regional Administrator Jeanne M. Fox from New Jersey Commissioner Robert C. Shinn, Jr.: (A) July 1, 1999 SIP revision, (B) September 12, 2002, September 26, 2002, April 3, 2003 and May 8, 2003 supplemental information to the SIP revision, (C) May 14, 2004 commitment letter from New Jersey. (78) Revisions to the State Implementation Plan submitted on July 28, 2004 by the State of New Jersey Department of Environmental Protection that establishes an expanded control program for architectural coatings. (i) Incorporation by reference: (A) Regulation Subchapter 23 of Title 7, Chapter 27 of the New Jersey Administrative Code, entitled “Prevention of Air Pollution From Architectural Coatings,” adopted on May 21, 2004 and effective on July 20, 2004. (ii) Additional material: (A) Letter from State of New Jersey Department of Environmental Protection dated July 28, 2004, requesting EPA approval of a revision to the Ozone SIP which contains amendments to the Subchapter 23 “Prevention of Air Pollution From Architectural Coatings.” (d) Plan revisions were submitted on September 26, 1972. (79) Revisions to the State Implementation Plan submitted on June 22, 2004 by the State of New Jersey Department of Environmental Protection that establishes an expanded control program for consumer products including portable fuel containers. (i) Incorporation by reference: (A) Regulation Subchapter 24 of Title 7, Chapter 27 of the New Jersey Administrative Code, entitled “Prevention of Air Pollution From Consumer Products,” adopted on April 7, 2004 and effective on June 6, 2004. (ii) Additional material: (A) Letter from State of New Jersey Department of Environmental Protection dated June 22, 2004, requesting EPA approval of a revision to the Ozone SIP which contains amendments to the Subchapter 24 “Prevention of Air Pollution From Consumer Products.” (80) Revision to the New Jersey State Implementation Plan (SIP) for ozone concerning the control of nitrogen oxides from the Schering Corporation's CoGEN II cogeneration facility located in Union County submitted by the New Jersey Department of Environmental Protection (NJDEP), dated March 31, 2005. (i) Incorporation by reference: (A) Conditions of Approval, Alternative Maximum Emission Rate For NOX, Schering Corporation, Union, Union County, New Jersey facility identification number 40084 approved March 9, 2005. [37 FR 10880, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1570, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1571 Classification of regions. top The New Jersey plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- New Jersey-New York-Connecticut Interstate........... I I I I I Metropolitan Philadelphia Interstate................. I I III I I Northeast Pennsylvania-Upper Delaware Valley I II III III III Interstate.......................................... New Jersey Intrastate................................ III IA III I III ---------------------------------------------------------------------------------------------------------------- [37 FR 10880, May 31, 1972, as amended at 39 FR 16347, May 8, 1974] § 52.1572 Extensions. top Pursuant to section 186(a)(4) of the Clean Air Act, as amended in 1990, the Regional Administrator hereby extends for one year (until December 31, 1996) the attainment date for the New York-Northern New Jersey-Long Island Consolidated Metropolitan Statistical Carbon Monoxide nonattainment area. [61 FR 56900, Nov. 5, 1996] § 52.1573 Approval status. top With the exceptions set forth in this subpart, the Administrator approves New Jersey's plans for attainment and maintenance of the national ambient air quality standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title I, of the Clean Air Act, as amended in 1977, except as noted below in §52.1581. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTGs issued between January, 1978 and January, 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. [45 FR 15541, Mar. 11, 1980] § 52.1574 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [39 FR 34537, Sept. 26, 1974, as amended at 40 FR 55331, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] § 52.1575 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met, since section 26:2C–9 of the New Jersey Air Pollution Control Law could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, section 26:2C–9 is disapproved. [39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986] § 52.1576 Control strategy: Nitrogen dioxide. top (a) The requirements of §52.14(c)(3) of this chapter as of May 8, 1974 (39 FR 16346), are not met since the plan does not provide for the degree of nitrogen oxides emission reduction attainable through the application of reasonably available control technology in the New Jersey portions of the New Jersey-New York-Connecticut Region. [37 FR 10880, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 51 FR 40677, Nov. 7, 1986] § 52.1577 Compliance schedules. top (a) [Reserved] (b) The requirements of §51.261 of this chapter are not met since Chapter 7, section 7.1(c) of New Jersey's “Air Pollution Control Code” permits certain sources to defer compliance with Chapter 7 until after the required date for attainment of the national standards for particulate matter. (c) The requirements of §51.262(a) of this chapter are not met since Chapter 7 of New Jersey's “Air Pollution Control Code” does not provide for periodic increments of progress toward compliance for those sources with compliance schedules extending over a period of 18 or more months. (d) Regulation for increments of progress. (1) Except as provided in paragraph (d)(2) of this section, the owner or operator of any stationary source in the State of New Jersey to which an exception extending beyond January 31, 1974, is applicable under Chapter 7, section 7.1(c) of the New Jersey Air Pollution Control Code shall, no later than 120 days following the effective date of this paragraph, submit to the Administrator for approval, a proposed compliance schedule that demonstrates compliance with the emission limitations prescribed by Chapter 7 of the New Jersey Air Pollution Control Code as expeditiously as practicable but no later than July 31, 1975. The compliance schedule shall provide for periodic increments of progress towards compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Submittal of the final control plan to the Administrator; letting of necessary contracts for construction or process changes or issuance of orders for the purchase of component parts to accomplish emission control or process modification; initiation of onsite construction or installation of emission control equipment or process change; completion of onsite construction or installation of emission control equipment or process modification; and final compliance. (2) Where any such owner or operator demonstrates to the satisfaction of the Administrator that compliance with the applicable regulations will be achieved on or before January 31, 1974, no compliance schedule shall be required. (3) Any owner or operator required to submit a compliance schedule pursuant to this paragraph shall within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met. (4) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. [37 FR 10880, May 31, 1972, as amended at 37 FR 23090, Oct. 28, 1972; 38 FR 12713, May 14, 1973; 40 FR 30962, July 24, 1975; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989] § 52.1578 Review of new sources and modifications. top (a) Subchapter 18 of the New Jersey Administrative Code, entitled, “Control and Prohibitions of Air Pollution from Ambient Air Quality in Nonattainment Areas (Emission Offset Rule),” N.J.A.C. 7:27–18.1 et seq., as submitted to EPA on August 5, 1980 by the New Jersey Department of Environmental Protection, is approved for the entire State of New Jersey, with the following provisions: (1) The definition of “significant emission increase” as it appears in section 7:27–18.1, entitled, “Definitions,” is disapproved. The following definition of “significant emission increase” is applicable: “An increase, since December 21, 1976, in the rate of allowable emissions, including fugitive pollutant emissions, at a facility of any criteria pollutant greater than or equal to 50 tons per year, 1,000 pounds per day, or 100 pounds per hour, not including decreases in the rates of allowable emissions except where such decreases are contemporaneous with emission increases. The increase in the rates of allowable emissions shall be the cumulative total of increases from all new or altered equipment for which permits have been issued on or after December 21, 1976 and for which permit applications have been received by the Department, and the fugitive emissions associated with that equipment. The hourly and daily rates shall apply only with respect to a pollutant for which a national ambient air quality standard for a period not exceeding 24 hours has been established. (2) Subsection (e)(1) under section 7:27–18.2, entitled, “General Provisions,” is disapproved and replaced with the following: “The requirements of paragraphs (c)(3), (c)(4), and (c)(5) of this section shall again become applicable when proposed new construction or alterations at the facility would cause the increase in the rate of allowable emissions of that criteria pollutant to again exceed 50 tons per year, 1,000 pounds per day, or 100 pounds per hour whichever is most restrictive. The accumulation of increases in the rate of allowable emissions shall resume from zero after each application of paragraphs (c)(3) and (c)(4) of this section.” [39 FR 7282, Feb. 25, 1974, as amended at 46 FR 21996, Apr. 15, 1981; 51 FR 40677, Nov. 7, 1986; 60 FR 33923, June 29, 1995] § 52.1579 Intergovernmental cooperation. top (a) The requirements of subpart M of this chapter are not met since the plan does not adequately describe the responsibilities of local agencies. [37 FR 10880, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986] § 52.1580 Conditional approval. top (a) Enhanced inspection and maintenance. (1) The State of New Jersey's March 27, 1996 submittal for an enhanced motor vehicle inspection and maintenance (I/M) program, as amended on November 27, 1996 and April 22, 1997, is conditionally approved based on certain contingencies, for an interim period to last 18 months. If New Jersey fails to start its program by November 15, 1997, the interim approval granted under the provisions of the NHSDA, which EPA believes allows the State to take full credit in its 15 percent plan for all of the emission reduction credits in its proposal, will convert to a disapproval after a finding letter is sent to the State by EPA. If the State fails to submit to EPA the final modeling demonstrating that its program will meet the relevant enhanced I/M performance standard by February 1, 1998, the conditional approval will automatically convert to a disapproval as explained under Section 110(k) of the Clean Air Act. (2) In addition to the above condition, the State must correct eight minor, or de minimus, deficiencies related to the CAA requirements for enhanced I/M. The minor deficiencies are listed in EPA's conditional interim final rulemaking on New Jersey's motor vehicle inspection and maintenance program published on May 14, 1997. Although satisfaction of these deficiencies does not affect the conditional interim approval status of the State's rulemaking, these deficiencies must be corrected in the final I/M SIP revision to be submitted at the end of the 18-month interim period. (3) EPA is also approving this SIP revision under Section 110(k), for its strengthening effect on the plan. (b) [Reserved] [62 FR 26405, May 14, 1997, as amended at 62 FR 35102, June 30, 1997; 64 FR 19916, Apr. 23, 1999] § 52.1581 Control strategy: Carbon monoxide. top (a) Approval—The September 28, 1995 revision to the carbon monoxide state implementation plan for Camden County and the Nine not-classified areas (the city of Trenton, the City of Burlington, the Borough of Penns Grove (part), the Borough of Freehold, the City of Morristown, the City of Perth Amboy, the City of Toms River, the Borough of Somerville, and the City of Atlantic City). This revision included a maintenance plan which demonstrated continued attainment of the National Ambient Air Quality Standard for carbon monoxide through the year 2007. (b) The base year carbon monoxide emission inventory requirement of section 187(a)(1) of the 1990 Clean Air Act Amendments has been satisfied for the entire State. The inventory was submitted on November 15, 1992 and amended on September 28, 1995 by the New Jersey Department of Environmental Protection as a revision to the carbon monoxide State Implementation Plan. (c) Approval—The November 15, 1992, October 4, 1993, and August 7, 1998 revisions to the carbon monoxide state implementation plan for the New Jersey portion of the New York—Northern New Jersey—Long Island Carbon Monoxide nonattainment area. This included an attainment demonstration and the control measures needed to attain the National Ambient Air Quality Standard for carbon monoxide. The January 15, 2002, request to redesignate the New Jersey portion of the New York—Northern New Jersey—Long Island Carbon Monoxide nonattainment area from nonattainment to attainment of the National Ambient Air Quality Standard for carbon monoxide. As part of the redesignation request, the State submitted a maintenance plan which demonstrated continued attainment of the National Ambient Air Quality Standard for carbon monoxide through the year 2014. (d) The 1997, 2007, and 2014 carbon monoxide conformity emission budgets for five counties in the New York/Northern New Jersey/Long Island carbon monoxide maintenance area and ten other counties representing other carbon monoxide maintenance areas included in New Jersey's May 21, 2004 SIP revision are approved. [67 FR 54579, Aug. 23, 2002, as amended at 69 FR 52836, Aug. 30, 2004] § 52.1582 Control strategy and regulations: Ozone. top (a) Subchapter 16 of the New Jersey Administrative Code, entitled “Control and Prohibition of Air Pollution by Volatile Organic Substances,” N.J.A.C. 7:27–16.1 et seq. as revised on December 31, 1981 and effective March 1, 1982, is approved with the following provisions and conditions: (1) Subsections 16.6(c)(4) and 16.6(c)(5) are approved. The State must comply with the public participation procedures it submitted to EPA on December 19, 1980 and must supply to EPA a copy of each notice of a proposed bubble that it supplies the public. In addition, the State must promptly transmit to EPA notice setting forth each set of emission limits approved by the state pursuant to subsections 16.6(c)(4) and 16.6(c)(5) as well as the emission limitations previously applicable. Finally, the State must transmit any relevant additional material EPA may request, and it must notify the public of an approved set of emission limits at the time it transmits notice of those limits to EPA. (2) Emission limitations required by subsections 16.5(a), 16.6(a) and 16.6(b) are applicable requirements of the New Jersey SIP for the purposes of section 113 of the Clean Air Act and shall be enforceable by EPA and by citizens in the same manner as other requirements of the SIP; except that emission limitations adopted by the State under and which comply with subsections 16.6(c) (4) and (5) shall be the applicable requirements of the New Jersey SIP in lieu of those contained in subsections 16.5(a), 16.6(a) and 16.6(b) and shall be enforceable by EPA and by citizens, if the State meets the requirements set out in paragraph (d)(1) of this section. (3) Although EPA approves the variance provisions in subchapter 7:27–16.9 and 7:27–16.10, in order to be considered as part of the SIP, each variance issued under these provisions must be submitted to and approved by EPA as a SIP revision. (4) The December 17, 1979 version of Subchapter 16 is approved as a part of the SIP only to the extent that it addresses compliance dates for Group I Control Techniques Guideline source categories. (b) Subchapter 17 of the New Jersey Administrative Code, entitled “Control and Prohibition of Air Pollution by Toxic Substances,” N.J.A.C. 7:27–17.1 et seq. as revised on October 17, 1979 and effective December 17, 1979, is approved for the regulation of perchloroethylene dry cleaners, as further clarified in a New Jersey Department of Environmental Protection memorandum “Subchapter 17 Requirements for Perchloroethylene Dry Cleaning Systems” dated October 25, 1982. (c) The November 15, 1993 SIP revision submitted by the New Jersey Department of Environmental Protection and Energy demonstrates the fulfillment of section 182(b)(2)(B) of the Clean Air Act for states to adopt RACT regulations for all sources for which EPA has issued a CTG before enactment of the 1990 Clean Air Act. (d)(1) The base year ozone precursor emission inventory requirement of section 182(a)(1) of the 1990 Clean Air Act Amendments has been satisfied for the Atlantic City, New York/ Northern New Jersey/Long Island, Philadelphia/Wilmington/ Trenton, and Allentown/Bethlehem/Easton areas of New Jersey. The inventory was submitted on November 15, 1993 and amended on November 21, 1994 by the New Jersey Department of Environmental Protection as a revision to the ozone State Implementation Plan (SIP). Revisions to the 1990 base year emission inventory dated December 31, 1996 for the New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton nonattainment areas of New Jersey have been approved. Revisions to the 1990 base year emission inventory dated February 10, 1999 for the New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton nonattainment areas of New Jersey have been approved. (2) [Reserved] (3) The 1996 and 1999 ozone projection year emission inventories included in New Jersey's July 30, 1998 addendum and February 10, 1999 State Implementation Plan revision for the New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton nonattainment areas have been approved. (4) [Reserved] (5) The photochemical assessment monitoring stations network included in New Jersey's December 31, 1996 State Implementation Plan revision for the New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton nonattainment areas has been approved. (6) The demonstration that emissions from growth in vehicle miles traveled will not increase motor vehicle emissions and, therefore, offsetting measures are not necessary which was included in New Jersey's December 31, 1996 State Implementation Plan revision for the New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton nonattainment areas has been approved. (7) The enforceable commitments to: participate in the consultative process to address regional transport; adopt additional control measures as necessary to attain the ozone standard, meet rate of progress requirements, and eliminate significant contribution to nonattainment downwind; identify any reductions that are needed from upwind areas for the area to meet the ozone standard; and implement the Ozone Transport Commission NOX Memorandum of Understanding included in New Jersey's December 31, 1996 State Implementation Plan revision for the New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton nonattainment areas have been approved. (e) The State of New Jersey's March 27, 1996 submittal for an enhanced motor vehicle inspection and maintenance (I/M) program, as amended on November 27, 1996 and April 1997, is approved pursuant to section 110 of the Clean Air Act, 42 U.S.C. 7410. However, since New Jersey failed to start its program by November 15, 1997, the interim approval granted under the provisions of Section 348 of the National Highway Systems Designation Act of 1995 (NHSDA), 23 U.S.C. 348, which allowed the State to take full credit in its 15 Percent ROP Plan for all the emission reduction credits in its proposal, converted to a disapproval when EPA sent finding letters to the State on December 12, 1997. The finding letters also informed the state that the underlying enhanced I/M program approval, pursuant to Section 110 of the Act, remained in effect as part of the federally enforceable SIP. (f) The State of New Jersey's June 5, 1998 submittal for the conversion of the inspection frequency of the current inspection and maintenance (I/M) program from annual to biennial in order to facilitate the upgrade of the existing state lanes to accommodate the testing equipment for the enhanced program has been approved by EPA. The State will be adding a gas cap inspection to the current I/M program, which will result in a net increase in overall emissions reductions. (g) The 15 Percent Rate of Progress (ROP) Plans and the recalculation of the 9 Percent ROP Plans included in the July 30, 1998 addendum and the February 10, 1999 State Implementation Plan revision for the New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton nonattainment areas have been approved. (h)(1) The statewide 1996 periodic emission inventory included in New Jersey's April 11, 2001 State Implementation Plan revision is approved. (2) The 2002 and 2005 ozone projection year emission inventories for the New Jersey portion of the Philadelphia/Wilmington/Trenton nonattainment area and the 2002, 2005 and 2007 ozone projection year emission inventories for the New Jersey portion of the New York/Northern New Jersey/Long Island nonattainment area included in New Jersey's April 11, 2001 State Implementation Plan revision are approved. (3) The 2002 and 2005 Reasonable Further Progress Plans for the New Jersey portion of the Philadelphia/Wilmington/Trenton nonattainment area and the 2002, 2005 and 2007 Reasonable Further Progress Plans for the New Jersey portion of the New York/Northern New Jersey/Long Island nonattainment area included in New Jersey's April 11, 2001 State Implementation Plan revision are approved. (4) The contingency measures for the New Jersey portions of the Philadelphia/Wilmington/Trenton nonattainment area and the New York/Northern New Jersey/Long Island nonattainment area included in New Jersey's April 11, 2001 State Implementation Plan revision are approved. (5) [Reserved] (6) The Reasonably Available Control Measure Analysis for the New Jersey portion of the Philadelphia/Wilmington/Trenton and New York-Northern New Jersey-Long Island nonattainment areas included in New Jersey's October 16, 2001 State Implementation Plan revision is approved. (7) The revisions to the State Implementation Plan submitted by New Jersey on August 31, 1998, October 16, 1998, and April 26, 2000 are approved. The revisions are for the purpose of satisfying the attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act for the New Jersey portions of the Philadelphia/Wilmington/Trenton and New York-Northern New Jersey-Long Island severe ozone nonattainment areas. The revisions establish attainment dates of November 15, 2005 for the Philadelphia/Wilmington/Trenton nonattainment area and November 15, 2007 for the New York-Northern New Jersey-Long Island ozone nonattainment area. The revisions include the enforceable commitments for future actions associated with attainment of the 1-hour ozone national ambient air quality: (i) To adopt additional control measures by October 31, 2001 to meet the level of reductions identified by EPA for attainment of the 1-hour ozone standard; (ii) To submit revised State Implementation Plan and motor vehicle emissions budgets by October 31, 2001 if additional adopted measures affect the motor vehicle emissions inventory; (i)(1) The revised 1996, 2005 and 2007 motor vehicle emission inventories calculated using MOBILE6 included in New Jersey's April 8, 2003 State Implementation Plan revision is approved. (2) The 2005 conformity emission budgets for the New Jersey portion of the Philadelphia/Wilmington/Trenton nonattainment area and the 2005 and 2007 conformity emission budgets for the New Jersey portion of the New York/Northern New Jersey/Long Island nonattainment area included in New Jersey's April 8, 2003 State Implementation Plan revision are approved. (3) The conformity emission budgets for the McGuire Air Force Base included in New Jersey's April 8, 2003 State Implementation Plan revision have been approved. (4) The revised commitment to perform a mid-course review and submit the results by December 31, 2004 included in the April 8, 2003 SIP revision is approved. (j)(1) The revised 1997, 2005, 2007 and 2014 motor vehicle emission inventories calculated using MOBILE6 included in New Jersey's May 21, 2004 State Implementation Plan revision is approved. (2) The 2005 conformity emission budgets for the New Jersey portion of the Philadelphia/Wilmington/Trenton nonattainment area and the 2005 and 2007 conformity emission budgets for the New Jersey portion of the New York/Northern New Jersey/Long Island nonattainment area included in New Jersey's May 21, 2004 State Implementation Plan revision are approved. [46 FR 20556, Apr. 6, 1981, and 48 FR 51480, Nov. 9, 1983, as amended at 59 FR 49211, Sept. 21, 1994; 60 FR 51354, Oct. 2, 1995; 60 FR 62746, Dec. 7, 1995; 61 FR 53628, Oct. 15, 1996; 61 FR 66607, Dec. 18, 1996; 62 FR 35103, June 30, 1997; 63 FR 45402, 45404, Aug. 26, 1998; 64 FR 19916, Apr. 23, 1999; 67 FR 5169, Feb. 4, 2002; 67 FR 54580, Aug. 23, 2002; 68 FR 43464, July 23, 2003; 69 FR 52836, Aug. 30, 2004] § 52.1583 Requirements for state implementation plan revisions relating to new motor vehicles. top New Jersey must comply with the requirements of §51.120. [60 FR 4737, Jan. 24, 1995] §§ 52.1584-52.1600 [Reserved] top § 52.1601 Control strategy and regulations: Sulfur oxides. top (a) The applicable limitation on the sulfur content of fuel marketed and used in New Jersey until and including March 15, 1974, as set forth in N.J.A.C. subchapter 7:1–3.1 is approved, except that the use of coal in the following utility plants and boiler units is not approved: 1 1 Action by the Administrator regarding coal conversion at the listed plants and units is being held in abeyance until the Administrator determines whether and to what extent that conversion cannot be deferred, based on analysis of fuel allocations for residual oil and coal in the Mid-Atlantic and New England States. ---------------------------------------------------------------------------------------------------------------- Company Plant City Boiler unit(s) ---------------------------------------------------------------------------------------------------------------- Atlantic City Electric............... Deepwaters............. Deepwaters............. 5/7, 7/9, 3/5, 4/6. Public Service Electric & Gas.... Essex.................. Newark................. All. Do.................................. Sewaren................ Woodbridge............. Do. Do.................................. Bergen................. Bergen................. No. 1. Do.................................. Burlington............. Burlington............. 1-4. Do.................................. Kearney................ Kearney................ All. Do.................................. Hudson................. Jersey City............ No. 1. Jersey Central Power & Light..... Sayreville............. Sayreville............. All. Do.................................. E. H. Werner........... South Amboy............ Do. ---------------------------------------------------------------------------------------------------------------- (b) Before any steam or electric power generating facility in Zone 3, as defined in N.J.A.C. 7:27–10.1, burning fuel oil on June 4, 1979, having a rated hourly gross heat input greater than 200,000,000 British Thermal Units (BTU's), and capable of burning coal without major reconstruction or construction, which facility was in operation prior to May 6, 1968, or group of such facilities having a combined rated hourly capacity greater than 450,000,000 BTU's may be permitted by the State to convert to the use of coal, the State shall submit to EPA a copy of the proposed permit together with an air quality analysis employing methodology acceptable to EPA. If EPA determines, on the basis of the submitted analysis, that the proposed coal conversion will not interfere with the attainment or maintenance of air quality standards and will not be the cause for any Prevention of Significant Deterioration (PSD) increment to be exceeded, then the permit authorizing conversion may become effective immediately upon the publication of such a determination (as a Notice) in the Federal Register. If EPA determines that the submitted analysis is inadequate or that it shows that the proposed conversion will interfere with attainment or maintenance of air quality standards or cause any PSD increment to be exceeded, then EPA shall so inform the State of its determination, and the permit authorizing conversion shall not become effective and conversion shall not occur until an adequate analysis is submitted or, if necessary, until a control strategy revision which would require any necessary emission reductions is submitted by the State and placed into effect as an EPA approved revision to the implementation plan. In addition, this same procedure shall apply to any State permit applied for that would authorize a relaxation in the sulfur-in-coal limitation at any such facility, as defined above in this paragraph, having already been granted a permit to convert to coal. (c) The U.S. Gypsum Co. in Clark, New Jersey is permitted to burn fuel oil with a sulfur content of 2.0 percent, by weight, at either Boiler #1, #2 or #3 until March 31, 1985 or until Boiler #4 is ready to burn coal, whichever occurs first. Such oil burning must conform with New Jersey requirements and conditions as set forth in applicable regulations and administrative orders. [39 FR 1439, Jan. 9, 1974, as amended at 44 FR 31979, June 4, 1979; 44 FR 38471, July 2, 1979; 49 FR 30179, July 27, 1984] § 52.1602 [Reserved] top § 52.1603 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of New Jersey. [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003] § 52.1604 Control strategy and regulations: Total suspended particulates. top (a) Any variance issued by the Department under N.J.A.C. Title 7, Chapter 27, section 6.5, subsections (a), (b), or (c) shall not exempt any person from the requirements otherwise imposed by N.J.A.C. 7:27–6.1 et seq.; Provided that the Administrator may approve such variance as a plan revision when the provisions of this part, section 110(a)(3)(A) of the Act, and 40 CFR, part 51 (relating to approval of and revisions to State implementation plans) have been satisfied with respect to such variance. (b) Particulates emissions from units 1 and 2 of the Atlantic City Electric Company's B.L. England Generating Station are limited to an emission rate of 0.5 lbs/million BTU until March 31, 1982 and June 1, 1982, respectively. The opacity associated with such emissions from these units during this period shall not exceed 40 percent. On and after March 31, 1982 for unit 1, and June 1, 1982 for unit 2, these units shall be limited to an emission rate of 0.1 lbs/million BTU, and the associated opacity shall not exceed 20 percent. [44 FR 5427, Jan. 26, 1979 and 46 FR 26305, May 12, 1981] § 52.1605 EPA-approved New Jersey regulations. top ---------------------------------------------------------------------------------------------------------------- State regulation State effective date EPA approved date Comments ---------------------------------------------------------------------------------------------------------------- Title 7, Chapter 26 Subchapter 2A, ``Additional, June 1, 1987........... June 29, 1990, 55 FR ....................... Specific Disposal Regulations for 26689. Sanitary Landfills.'' Title 7, Chapter 27 Subchapter 1, ``General Provisions'' May 1, 1956............ June 29, 1990, 55 FR ....................... 26689. Subchapter 2, ``Control and June 8, 1981........... Sept. 30, 1981, 46 FR Prohibition of Open Burning''. 47779. Subchapter 3, ``pontrol and Oct. 12, 1977.......... Jan. 27, 1984, 49 FR Prohibition of Smoke from 3465. Combustion of Fuel''. Subchapter 4, ``Control and Oct. 12, 1977.......... ......do................ Prohibition of Particles from Combustion of Fuel''. Subchapter 5, ``Prohibition of Air Oct. 12, 1977.......... ......do................ Pollution. Subchapter 6, ``Control and May 23, 1977........... Jan. 26, 1979, 44 FR Section 6.5, Prohibition of Particles From 5427. ``Variances,'' is not Manufacturing Processes'' (except approved (40 CFR section 6.5). 52.1570(c)(20) and 52.1604(a)). Any State- issued variances must be formally incorporated as SIP revisions if EPA is to be bound to their provisions (40 CFR 52.1604(a)). Subchapter 7, ``Sulfur''............ Mar. 1, 1967........... May 31, 1972, 37 FR 10880. Subchapter 8, ``Permits and Apr. 5, 1985........... Nov. 25, 1986, 51 FR Certificates, Hearings, and 42573. Confidentiality''. Section 8.11........................ Mar. 2, 1992........... Apr. 15, 1994, 59 FR 17935. Sections 8.1 and 8.2................ June 20, 1994.......... August 7, 1997, 62 FR 42414. Subchapter 9, ``Sulfur in Fuels''... Feb. 4, 1983........... July 8, 1983, 48 FR Sulfur dioxide 31400. ``bubble'' permits issued by the State pursuant to § 9.2 and not waived under the provisions of § 9.4 become applicable parts of the SIP only after receiving EPA approval as a SIP revision. ``Clean conversion incentive'' permits issued pursuant to § 9.5 must receive EPA approval as a SIP revision to become applicable parts of the SIP. Subchapter 10, ``Sulfur in Solid July 14, 1981.......... Nov. 3, 1981, 46 FR Notification of ``large Fuels''. 54542. zone 3 coal conversions'' must be provided to EPA (40 CFR 52.1601(b)). Subchapter 11, ``Incinerators''..... Aug. 15, 1968.......... May 31, 1972, 37 FR 10880. Subchapter 12, ``Prevention and Mar. 27, 1972.......... ......do................ Control of Air Pollution Emergencies''. Subchapter 13, ``Ambient Air Quality June 25, 1985.......... Nov. 25, 1986, 51 FR Standards''. 42573. Subchapter 14, ``Control and July 1, 1985........... June 13, 1986........... Prohibition of Air Pollution From Diesel-Powered Motor Vehicles.'' Subchapter 15, ``Control and Nov. 15, 1999.......... January 22, 2002, 67 FR Prohibition of Air Pollution From 2813.. Gasoline-Fueled Motor Vehicles.''. Subchapter 16, Control and June 29, 2003.......... July 2, 2004, 69 FR Prohibition of Air Pollution from 40323.. Volatile Organic Compounds. Subchapter 17, ``Control and June 20, 1994.......... August 7, 1997, 62 FR Subchapter 17 is Prohibition of Air Pollution by 42414. included in the SIP Toxic Substances''. only as it relates to the control of perchloroethylene. Subchapter 18, ``Control and Mar. 15, 1993.......... July 25, 1996........... See July 25, 1996, for Prohibition of Air Pollution from items not included in New or Altered Sources Affecting this limited approval. Ambient Air Quality (Emission Offset Rules).''. Subchapter 19, ``Control and Apr. 17, 1995.......... Mar. 29, 1999, 64 FR Prohibition of Air Pollution from 14834. Oxides of Nitrogen.''. Subchapter 21, ``Emission Feb. 18, 2003.......... Aug. 2, 2004, 69 FR Section 7:27-21.3(b)(1) Statements;''. 46106. and 7:27-21.3(b)(2) of New Jersey's Emission Statement rule requires facilities to report on the following pollutants to assist the State in air quality planning needs: hydrochloric acid, hydrazine, methylene chloride, tetrachlor-ethylene, 1, 1, 1 trichloroethane, carbon dioxide and methane. EPA will not take SIP-related enforcement action on these pollutants. Subchapter 23, Prevention of Air July 20, 2004.......... November 30, 2005....... Variances or exemptions Pollution From Architectural approved by the State Coatings. pursuant to Subchapter 23.3(j) become applicable only if approved by EPA as a SIP revision. Subchapter 24, ``Prevention of Air June 6, 2004........... January 25, 2006 [Insert The specific Pollution From Consumer Products''. FR page citation.]. application of provisions associated with innovative products exemptions, alternative compliance plans, and variances must be submitted to EPA as SIP revisions. Subchapter 25, ``Control and August 17, 1998........ November 22, 1999, 64 FR Prohibition of Air Pollution by 63692. Vehicular Fuels;''. Subchapter 26, ``Ozone Transport March 1, 1999.......... Nov. 3, 1999............ Provides that for the Commission_Low Emission Vehicles duration of New Program''. Jersey's participation in National Low Emission Vehicle (LEV), manufacturers may comply with National LEV or equally stringent mandatory federal standards in lieu of compliance with the California LEV program adopted pursuant to section 177. The regulations accept National LEV as a compliance alternative for requirements applicable to passenger cars, light light-duty trucks, and light-duty trucks designed to operate on gasoline. Subchapter 31, NOX Budget Program... Aug. 21, 2000.......... 5/22/01 66 FR 28066..... Incorporates NOX SIP Call and NOX Budget Trading Program for 1999 through 2003 and thereafter. Title 7, Chapter 27B Subchapter 3, ``Air Test Method 3: June 20, 1994.......... August 7, 1997, 62 FR ....................... Sampling and Analytic Procedures 42414. for the Determination of Volatile Organic Compounds from Source Operations''. Subchapter 4, ``Air Test Method 4: Nov. 15, 1999.......... January 22, 2002, 67 FR Testing Procedures for Motor 2813. Vehicles.''. Title 13, Chapter 20: Subchapter 7, ``Vehicle May 19, 2003........... May 21, 2004, 69 FR Inspection.''. 29235. Sections: 7.1, 7.2, 7.3, 7.4, 7.5, 7.6.. Subchapter 24, ``Motorcycles.''..... Dec. 6, 1999........... January 22, 2002, 67 FR 2813. Section: 24.20...................... Subchapter 26, ``Compliance With May 19, 2003........... May 21, 2004, 69 FR Diesel Emission Standards and 29235. Equipment, Periodic Inspection Program for Diesel Emissions, and Self-Inspection of Certain Classes of Motor Vehicles.''. Section: 26.2, 26.16................ Subchapter 28, ``Inspection of New May 19, 2003........... May 21, 2004, 69 FR Motor Vehicles.''. 29235. Sections: 28.3, 28.4, 28.6.......... Subchapter 29, ``Mobile Inspection May 19, 2003........... May 21, 2004, 69 FR Unit.''. 29235. Sections: 29.1, 29.2, 29.3.......... Subchapter 32, ``Inspection May 19, 2003........... May 21, 2004, 69 FR Standards and Test Procedures To Be 29235. Used By Official Inspection Facilities.''. Subchapter 33, ``Inspection May 19, 2003........... May 21, 2004, 69 FR Standards and Test Procedures To Be 29235. Used By Licensed Private Inspection Facilities.''. Subchapter 43, ``Enhanced Motor May 19, 2003........... May 21, 2004, 69 FR Vehicle Inspection and Maintenance 29235. Program.''. Subchapter 44, ``Private Inspection May 19, 2003........... May 21, 2004, 69 FR Facility Licensing.''. 29235. Subchapter 45, ``Motor Vehicle May 19, 2003........... May 21, 2004, 69 FR Emission Repair Facility 29235. Registration.''. Chapter 21 Subchapter 5, ``Registrations.''.... Dec. 6, 1999........... January 22, 2002, 67 FR 2813. Section: 5.12....................... Subchapter 15, ``New Jersey Licensed Dec. 6, 1999........... January 22, 2002, 67 FR Motor Vehicle Dealers.''. 2813. Section: 15.7....................... Title 16, Chapter 53 ``Autobus Specifications''.......... Sept. 26, 1983......... June 13, 1986........... Only Sections 3.23, 3.24, 3.27, 6.15, 6.21, 6.30, 7.14, 7.17, 7.23, 8.15, 8.22, 8.25 are approved. ---------------------------------------------------------------------------------------------------------------- [46 FR 57677, Nov. 25, 1981, and 46 FR 61266, Dec. 16, 1981, as amended at 48 FR 31400, July 8, 1983; 48 FR 51480, Nov. 9, 1983; 49 FR 3465, Jan. 27, 1984; 51 FR 21549, June 13, 1986; 51 FR 23418, June 27, 1986; 51 FR 42573, Nov. 25, 1986; 54 FR 25582, June 16, 1989; 55 FR 26689, June 29, 1990; 56 FR 50518, Oct. 7, 1991; 57 FR 42893, Sept. 17, 1992; 57 FR 53441, Nov. 10, 1992; 58 FR 29977, May 25, 1993; 59 FR 17935, Apr. 15, 1994; 59 FR 39689, Aug. 4, 1994; 60 FR 32276, June 21, 1995; 61 FR 5302, Feb. 12, 1996; 61 FR 38594, July 25, 1996; 62 FR 3805, Jan. 27, 1997; 62 FR 24036, May 2, 1997; 62 FR 26854, May 15, 1997; 62 FR 42414, Aug. 7, 1997; 63 FR 62954, Nov. 10, 1998; 64 FR 14834, Mar. 29, 1999; 64 FR 59642, Nov. 3, 1999; 64 FR 63692, Nov. 22, 1999; 66 FR 28066, May 22, 2001; 67 FR 2813, Jan. 22, 2002; 69 FR 29235, May 21, 2004; 69 FR 40323, July 2, 2004; 69 FR 46106, Aug. 2, 2004; 70 FR 71776, Nov. 30, 2005; 71 FR 4046, Jan. 25, 2006] § 52.1606 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures meeting the requirements of 40 CFR 51.305 and 51.307 for protection of visibility in mandatory Class I Federal areas. (b) Regulations for visibility monitoring and new source review. The provisions of §§52.26 and 52.28 are hereby incorporated and made part of the applicable plan for the State of New Jersey. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of New Jersey. [51 FR 23759, July 1, 1986, as amended at 52 FR 45137, Nov. 24, 1987] § 52.1607 Small business technical and environmental compliance assistance program. top On January 11, 1993, the New Jersey Department of Environmental Protection and Energy submitted a plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program for incorporation in the New Jersey state implementation plan. This plan satisfies the requirements of section 507 of the Clean Air Act, and New Jersey must implement the program as approved by EPA. [59 FR 34386, July 5, 1994] Subpart GG—New Mexico top § 52.1620 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for New Mexico under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to July 1, 1999, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after July 1, 1999, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 6 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of July 1, 1999. (3) Copies of the materials incorporated by reference may be inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700, Dallas, Texas, 75202–2733; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 401 M St., SW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA Approved New Mexico Regulations ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- New Mexico Administrative Code (NMAC) Title 20_Environment Protection Chapter 2_Air Quality ---------------------------------------------------------------------------------------------------------------- Part 1............. General Provisions.... 10/27/95 11/25/97, 62 FR 50514........... This date reflects a recodification, not EPA approval of underlying requirement. Part 2............. Definitions........... 11/30/95 11/25/97, 62 FR 50514 Part 3............. Ambient Air Quality 11/30/95 11/25/97, 62 FR 50514 Standards. Part 5............. Source Surveillance... 11/30/95 11/25/97, 62 FR 50514 Part 7............. Excess emissions 11/30/95 11/25/97, 62 FR 50514 during Malfunction, Startup, Shutdown, or Scheduled Maintenance. Part 8............. Emissions Leaving New 11/30/95 11/25/97, 62 FR 50514 Mexico. Part 10............ Woodwaste Burners..... 11/30/95 11/25/97, 62 FR 50514 Part 11............ Asphalt Process 11/30/95 11/25/97, 62 FR 50514 Equipment. Part 12............ Cement Kilns.......... 11/30/95 11/25/97, 62 FR 50514 Part 13............ Gypsum Processing 11/30/95 11/25/97, 62 FR 50514 Plants. Part 14............ Particulate Emissions 11/30/95 11/25/97, 62 FR 50514 From Coal Burning Equipment. Part 15............ Pumice, Mica and 11/30/95 11/25/97, 62 FR 50514 Perlite Process Equipment. Part 16............ Nonferrous Smelters 11/30/95 11/25/97, 62 FR 50514 (New and Existing)- Particulate Matter. Part 17............ Nonferrous Smelters 11/30/95 11/25/97, 62 FR 50514 (Existing)- Particulate Matter. Part 18............ Oil Burning Equipment- 11/30/95 11/25/97, 62 FR 50514 Particulate Matter. Part 19............ Potash, Salt or Sodium 11/30/95 11/25/97, 62 FR 50514 Sulfate Processing Equipment-Particulate Matter. Part 20............ Lime Manufacturing 11/30/95 11/25/97, 62 FR 50514 Plants-Particulate Matter. Part 21............ Fugitive Particulate 11/30/95 11/25/97, 62 FR 50514 Matter Emissions from Nonferrous Smelters. Part 22............ Fugitive Particulate 11/30/95 11/25/97, 62 FR 50514 Matter Emissions from Roads within the Town of Hurley. Part 30............ Kraft Mills........... 11/30/95 11/25/97, 62 FR 50514 Part 31............ Coal Burning Equipment- 11/30/95 11/25/97, 62 FR 50514 Sulfur Dioxide. Part 32............ Coal Burning Equipment- 11/30/95 11/25/97, 62 FR 50514 Nitrogen Dioxide. Part 33............ Gas Burning Equipment- 11/30/95 11/25/97, 62 FR 50514 Nitrogen Dioxide. Part 34............ Oil Burning Equipment- 11/30/95 11/25/97, 62 FR 50514 Nitrogen Dioxide. Part 40............ Sulfuric Acid 11/30/95 11/25/97, 62 FR 50514 Production Units- Sulfur Dioxide, Acid Mist and Visible Emissions. Part 41............ Nonferrous Smelters- 11/30/95 11/25/97, 62 FR 50514 Sulfur. Part 60............ Open Burning.......... 11/30/95 11/25/97, 62 FR 50514 Part 61............ Smoke and Visible 11/30/95 11/25/97, 62 FR 50514 Emissions. Part 70............ Operating Permits..... 11/30/95 11/25/97, 62 FR 50514 Part 71............ Operating Permit 11/30/95 11/25/97, 62 FR 50514 Emission Fees. Part 72............ Construction Permits.. 11/30/95 11/25/97, 62 FR 50514........... Subparts I, II, III, and V in SIP. Part 73............ Notice of Intent and 10/1/97 2/8/02, 67 FR 6152 Emmissions Inventory Requirements.. Part 74............ Prevention of 7/20/95 10/15/96, 61 FR 53639 Significant Deterioration. Part 75............ Construction Permit 11/30/95 11/25/97, 62 FR 50514 Fees. Part 79............ Permits_Nonattainment 10/1/97 2/8/02, 67 FR 6152 Areas. Part 80............ Stack Heights......... 11/30/95 11/25/97, 62 FR 50514 Part 98............ General Conformity.... 08/02/96 9/9/98, 63 FR 48109............. Conditional approval expires on September 9, 1999. Part 99............ Transportation 11/23/98 3/20/00, 65 FR 14877............ (1) No action is taken Conformity. and 09/08/ on sections 109. C.1, 99 114, 128.C-F, 137.E, 139.A.2, 140.A.1, and 147.B ---------------------------------------------------------------------------------------------------------------- EPA Approved Albuquerque/Bernalillo County, NN Regulations ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Albuquerque/Bernalillo County, Air Quality Control Regulations ---------------------------------------------------------------------------------------------------------------- Regulation No. 8............ Airborne Particulate 02/17/83 02/23/93, 58 FR 10970....... Only Section 8.03, Matter. Soil Disturbance, in SIP. Section 21.................. Permit Fees......... 01/23/79 04/10/80, 45 FR 24460....... ---------------------------------------------------------------------------------------------------------------- New Mexico Administrative Code (NMAC) Title 20_Environment Protection, Chapter 11_Albuquerque/Bernalillo County Air Quality Control Board ---------------------------------------------------------------------------------------------------------------- Part 1 (20.11.1 NMAC)....... General Provisions.. 09/07/04 7/21/05, 70 FR 41963........ Part 3 (20.11.3 NMAC)....... Transportation 07/01/98 07/08/99, 64 FR 36786....... No action taken on Conformity. Sections I.2.3, II.2.4, II.7.3- 7.6, II.16.5, II.18.1.B, II.19.1.A, and II.22.2. Part 4 (20.11.4 NMAC)....... General Conformity.. 10/01/02 12/30/04, 69 FR 78314....... Part 5 (20.11.5 NMAC)....... Visible Air 01/01/03 12/30/04, 69 FR 78314....... Contaminants. Part 6 (20.11.6 NMAC)....... Emergency Action 10/01/02 12/30/04, 69 FR 78314....... Plan. Part 7 (20.11.7 NMAC)....... Variance Procedure.. 10/01/02 12/30/04, 69 FR 78314....... Part 21 (20.11.21 NMAC)..... Open Burning........ 10/01/02 12/30/04, 69 FR 78314....... Part 22 (20.11.22 NMAC)..... Woodburning......... 10/01/02 12/30/04, 69 FR 78314....... Part 40 (20.11.40 NMAC)..... Source Registration. 10/01/02 12/30/04, 69 FR 78314....... Part 41 (20.11.41 NMAC)..... Authority to 10/01/02 12/30/04, 69 FR 78314....... Construct. Part 43 (20.11.43 NMAC)..... Stack Height 10/01/02 12/30/04, 69 FR 78314....... Requirements. Part 60 (20.11.60 NMAC)..... Permitting in 10/01/02 12/30/04, 69 FR 78314....... Nonattainment Areas. Part 61 (20.11.61 NMAC)..... Prevention of 10/01/02 12/30/04, 69 FR 78314....... Significant Deterioration. Part 63 (20.11.63 NMAC)..... New Source 10/01/02 12/30/04, 69 FR 78314....... Performance Standards for Stationary Sources. Part 64 (20.11.64 NMAC)..... Emission Standards 10/01/02 12/30/04, 69 FR 78314....... for Hazardous Air Pollutants for Stationary Sources. Part 65 (20.11.65 NMAC)..... Volatile Organic 10/01/02 12/30/04, 69 FR 78314....... Compounds. Part 66 (20.11.66 NMAC)..... Process Equipment... 10/01/02 12/30/04, 69 FR 78314....... Part 67 (20.11.67 NMAC)..... Equipment, 10/01/02 12/30/04, 69 FR 78314....... Emissions, Limitations. Part 68 (20.11.68 NMAC)..... Incinerators and 04/01/02 12/30/04, 69 FR 78314....... Crematories. Part 90 (20.11.90 NMAC)..... Administration, 10/01/02 12/30/04, 69 FR 78314....... Enforcement, and Inspection. Part 100 (20.11.100 NMAC)... Motor Vehicle 09/07/04 7/21/05, 70 FR 41963........ Inspection_Decentra lized. Part 102 (20.11.102 NMAC)... Oxygenated Fuels.... 09/07/04 7/21/05, 70 FR 41963........ Part 103 (20.11.103 NMAC)... Motor Vehicle 10/01/02 12/30/04, 69 FR 78314....... Visible Emissions. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State Source-specific requirements. EPA-Approved New Mexico Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State approval/ EPA approval Name of source Permit number effective date date Explanation ---------------------------------------------------------------------------------------------------------------- None......................... ................ ................ ............... ............................ ---------------------------------------------------------------------------------------------------------------- (e) EPA approved nonregulatory provisions. EPA Approved New Mexico Statutes in the Current New Mexico SIP ---------------------------------------------------------------------------------------------------------------- State Approval/ State citation Title/subject effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- NMSA 1978_New Mexico Statutes in the Current New Mexico SIP ---------------------------------------------------------------------------------------------------------------- 74-1-4.................. Environmental 04/20/90 June 1, 1999................. Improvement Board_Creation_Organ ization. 74-2-1.................. Short Title.......... 08/11/83 11/02/84, 49 FR 44101 74-2-2.................. Definitions.......... 08/11/83 11/02/84, 49 FR 44101 74-2-3.................. State Air Pollution 08/11/83 11/02/84, 49 FR 44101 Control Agency. 74-2-4.................. Municipal or County 04/20/90 June 1, 1999 Air Quality Control Board. 74-2-5.................. Duties and Powers of 08/11/83 11/02/84, 49 FR 44101 Board. 74-2-6.................. Adoption of 08/11/83 11/02/84, 49 FR 44101 Regulations Notice and Hearings. 74-2-7.................. Permits.............. 08/11/83 11/02/84, 49 FR 44101 74-2-8.................. Variances............ 08/11/83 11/02/84, 49 FR 44101 74-2-9.................. Variances_Judicial 08/11/83 11/02/84, 49 FR 44101 Review. 74-2-10................. Emergency Procedure.. 08/11/83 11/02/84, 49 FR 44101 74-2-11................. Confidential 08/11/83 11/02/84, 49 FR 44101 Information. 74-2-11.1............... Limitations on 08/11/83 11/02/84, 49 FR 44101 Regulations. 74-2-12................. Enforcement.......... 08/11/83 11/02/84, 49 FR 44101 74-2-13................. Inspection........... 08/11/83 11/02/84, 49 FR 44101 74-2-14................. Penalties............ 08/11/83 11/02/84, 49 FR 44101 74-2-15................. Additional Means of 08/11/83 11/02/84, 49 FR 44101 Enforcement. 74-2-15.1............... Primary Nonferrous 08/11/83 11/02/84, 49 FR 44101 Smelter Orders. 74-2-16................. Declaratory Judgement 08/11/83 11/02/84, 49 FR 44101 of Regulation. 74-2-17................. Continuing Effect of 08/11/83 11/02/84, 49 FR 44101 Present Laws, Rules, and Regulations. Article 16, Sections 10- New Mexico Conflict 07/16/90 June 1, 1999................. 16-1 through 10-16-16. of Interest Act. Article 16, Supplemental New Mexico 07/16/90 June 1, 1999................. Environmental Improvement Board Code of Conduct. ---------------------------------------------------------------------------------------------------------------- EPA Approved City of Albuquerque and Bernalillo County Ordinances for State Board Composition and Conflict of Interest Provisions ---------------------------------------------------------------------------------------------------------------- City of Albuquerque, Metropolitan 11/16/90 June 1, 1999................. Chapter 6, Article XVII Environmental Health Sections 6-17-1 to 6-17- Advisory Board. 3. Bernalillo County Metropolitan 08/05/74 June 1, 1999................. Commission Ordinance Environmental Health 302. Advisory Board. Bernalillo County Metropolitan 08/21/90 June 1, 1999................. Amended Ordinance Commission Ordinance 90- Environmental Health 302. 19. Advisory Board. City of Albuquerque, Joint Air Quality 08/01/89 June 1, 1999................. Chapter 6, Article XVI Control Board Sections 6-16-1 to 6-16- Ordinance. 15. Bernalillo County Joint Air Quality 12/27/88 June 1, 1999................. Amended Ordinance 84- Commission Ordinance 88- Control Board 44. 45. Ordinance. City of Albuquerque Public Boards, 07/01/87 June 1, 1999................. Chapter 1, Article XII Commissions and Sections 1-12-1 to 1-12- Committees. 3. City of Albuquerque Conflict of Interest. 07/01/85 June 1, 1999................. Chapter 2, Article III Sections 2-3-1 to 2-3- 13. City of Albuquerque Code of Ethics....... 04/01/90 June 1, 1999................. Charter, Article XII. Bernalillo County Code of Ethics....... 02/05/85 June 1, 1999................. Commission Ordinance 85- 3. City of Albuquerque Code City Code of Conduct. 02/09/90 June 1, 1999................. of Conduct. City of Albuquerque Carbon monoxide 6/22/98 5/24/00, 65 FR 33460......... ..................... request for maintenance plan and redesignation. motor vehicle emission budgets. ---------------------------------------------------------------------------------------------------------------- EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP ---------------------------------------------------------------------------------------------------------------- Applicable geographic or State submittal/ Name of SIP provision nonattainment effective date EPA approval date Explanation area ---------------------------------------------------------------------------------------------------------------- State Attorney Generals Opinion Statewide........ 09/04/72......... 04/09/79, 44 FR Ref 52.1640(c)(4). 21020. Revisions to New Source Review Statewide........ 01/03/73......... 04/09/79, 44 FR Ref 52.1640(c)(5). and Source Surveillance. 21020. Clarification of State permit Statewide........ 01/18/73......... 04/09/79, 44 FR Ref 52.1640(c)(6). and Source Surveillance. 21020. Revision for Attainment of PM in 01/23/79......... 04/10/80, 45 FR Ref 52.1640(c)(11). Standards. Albuquerque, 24468 and 03/26/ Grant, Eddy and 81, 46 FR 18694. Lea counties; Ozone in Albuquerque; SO2 in San Juan and Grant counties; and CO in Las Cruces, Farmington, and Santa Fe counties. Ordinance for Motor Vehicle Albuquerque...... 07/02/79......... 04/10/80, 45 FR Ref 52.1640(c)(12). Emission I/M program. 24468. TSP Plan, RFP, and Albuquerque...... 08/02/79......... 04/10/80, 45 FR Ref 52.1640(c)(13). Transportation Commitments. 24468. Schedule for Albuquerque TSP Albuquerque and 09/25/79......... 04/10/80, 45 FR Ref 52.1640(c)(14). plan, revising permit Grant county. 24468. regulations, and extension request. CO Strategies.................. Farmington and 01/23/79......... 04/10/80, 45 FR Ref 52.1640(c)(15). Santa Fe 24468. counties. Compliance schedules for Eddy, Lea, and 07/25/79......... 12/24/80, 45 FR Ref 52.1640(c)(16). several industries. Grant counties. 85006. Revision for attainment of CO Bernalillo county 03/17/80......... 03/26/81, 46 FR Ref 52.1640(c)(17). standard. 18694. Commitment to not issue permits Nonattainment 05/20/80......... 03/26/81, 46 FR Ref 52.1640(c)(18). to stationary sources. areas. 18694. Commitment to submit I/M Albuquerque, 10/10/80......... 03/26/81, 46 FR Ref 52.1640(c)(19). enforcement plan. Bernalillo 18694. county. Revision to ambient monitoring Statewide........ 12/12/79......... 08/06/81, 46 FR Ref 52.1640(c)(20). plan. 40006. Variance to regulation 506 for Hidalgo Smelter 02/04/80......... 08/19/81, 46 FR Ref 52.1640(c)(21). Phelps Dodge Corp. in Playas, NM. 42065. Revised SO2 control strategy... San Juan county.. 02/12/81......... 08/27/81, 46 FR Ref 52.1640(c)(22). 43153. Memorandum of understanding Statewide........ 04/16/81......... 08/27/81, 46 FR Ref 52.1640(c)(22). between the State and Arizona 43153. Public Service Company. Compliance schedule for units 4 Four Corners 03/31/80......... 03/30/82, 47 FR Ref 52.1640(c)(23). and 5 of the Arizona Public Power plant. 13339. Service. Variance to regulation 603 for Four Corners 07/31/80......... 03/30/82, 47 FR Ref 52.1640(c)(25). units 3, 4, and 5 of the Power plant. 13339. Arizona Public Service. New Mexico plan for Lead....... Statewide........ 05/19/80......... 05/05/82, 47 FR Ref 52.1640(c)(27). 19334 and 08/14/ 84, 49 FR 32184. Revision to SO2 control Grant county..... 05/12/81 and 08/ 05/05/82, 47 FR Ref 52.1640(c)(28). strategy. 13/81. 19333. Intergovernmental Consultation N/A.............. 03/28/80......... 03/08/84, 49 FR Ref 52.1640(c)(31). program. 08610. Public Information and Statewide........ 12/20/79......... 08/24/83, 48 FR Ref 52.1640(c)(33). Participation program. 38467. Revision for attainment of CO Bernalillo county 06/28/82 and 01/ 07/01/83, 48 FR Ref 52.1640(c)(34). standard. 26/83. 30366. Variance to regulation 603.B Four Corners 02/04/87, 10/26/ 10/27/89, 54 FR Ref 52.1640(c)(38). for units 3, 4, and 5 of the Power Plant. 87, and 02/16/88. 43814. Arizona Public Service. Revision to SIP for moderate Anthony area; 11/08/91......... 09/09/93, 58 FR Ref 52.1640(c)(50). PM10 nonattainment areas. Dona Ana county. 47383. Narrative plan addressing CO Albuquerque, 11/05/92......... 11/29/93, 58 FR Ref 52.1640(c)(52). nonattainment areas. Bernalillo 62535. county. CO continency measures and Albuquerque, 11/12/93......... 05/05/94, 59 FR Ref 52.1640(c)(57). proposed Clean Fuel Vehicle Bernalillo 23167. fleet demonstration. county. Update to supplement to control Bernalillo county 11/09/94......... 06/24/96, 61 FR Ref 52.1640(c)(61). air pollution. 32339. Revision approving request for Albuquerque, 05/11/95......... 06/13/96, 61 FR Ref 52.1640(c)(63). redesignation, a vehicle I/M Bernalillo 29970. program, and required nonattainment maintenance plan. area. Waiver of NOX control Doña Ana 10-01-97......... 2/8/02, 67 FR requirements.. County (part), 6152. marginal ozone nonattainment area. Revision for Attainment, and Portion of Grant 02/21/03......... 9/18/03, 68 FR ...................... Maintenance Plan of SO2 County, this 54676. Standards. portion is restricted to a 3.5 mile radius around the Kennecott Copper Corporation (now owned by the Phelps Dodge Corporation and called the Hurley smelter) and land above 6470 feet Mean Sea Level within an 8 mile radius of the Hurley Smelter/ Concentrator in Hurley. Contingency Measures Plan...... Portion of Grant 2/21/03.......... 9/18/03, 68 FR ...................... County, this 54676. portion is restricted to a 3.5 mile radius around the Kennecott Copper Corporation (now owned by the Phelps Dodge Corporation and called the Hurley smelter) and land above 6470 feet Mean Sea Level within an 8 mile radius of the Hurley Smelter/ Concentrator in Hurley. Maintenance plan for carbon Bernalillo County 2/12/03.......... 10/9/03, 68 FR ...................... monoxide_Albuquerque/ 58280. Bernalillo County, New Mexico: Update of carbon monoxide budgets using MOBILE6. Second 10-year maintenance plan Bernalillo County 9/07/04.......... 7/21/05, 70 FR (limited maintenance plan) for 41963. Albuquerque/Bernalillo County. Clean Air Action Plan and 8- San Juan County.. 12/16/04......... 8/17/05, 70 FR hour ozone standard attainment 48285. demonstration for the San Juan County EAC area. New Mexico Visibility Statewide........ 08/21/86......... 01/27/06, 71 FR Protection Plan for Phase I, 4490. Part I of the Federal Visibility Requirements, August 8, 1986. New Mexico Visibility Statewide........ 10/08/92......... 01/27/06, 71 FR Protection Plan for Phase I, 4490. Part II of the Federal Visibility Requirements, September 9, 1992. ---------------------------------------------------------------------------------------------------------------- [63 FR 37495, July 13, 1998, as amended at 63 FR 48109, Sept. 9, 1998; 64 FR 29239, June 1, 1999; 64 FR 36790, July 8, 1999; 64 FR 51692, Sept. 24, 1999; 65 FR 14877, Mar. 20, 2000; 65 FR 33460, May 24, 2000; 67 FR 6152, Feb. 8, 2002; 68 FR 54676, Sept. 18, 2003; 68 FR 58280, Oct. 9, 2003; 69 FR 78314, Dec. 30, 2004; 70 FR 41965, July 21, 2005; 70 FR 48287, Aug. 17, 2005; 71 FR 4494, Jan. 27, 2006] § 52.1621 Classification of regions. top The New Mexico plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Albuquerque-Mid-Rio Grande Intrastate..................... I III III III I New Mexico Southern Border Intrastate..................... IA IA III III III El Paso-Las Cruces-Alamogordo Interstate.................. I IA III I I Four Corners Interstate................................... IA IA III III III Northeastern Plains Intrastate............................ III III III III III Pecos-Permian Basin Intrastate............................ III III III III III Southwestern Mountains-Augustine Plains Intrastate........ III III III III III Upper Rio Grande Valley Intrastate........................ III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 1081, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 42 FR 20131, Apr. 18, 1977; 45 FR 24468, Apr. 10, 1980; 45 FR 67347, Oct. 10, 1980; 52 FR 5965, Feb. 27, 1987] § 52.1622 Approval status. top With the exceptions set forth in this subpart, the Administrator approves New Mexico's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Further, the Administrator finds that the plan satisfiesall requirements of the Part D of the Clean Air Act, as amended in 1977, except as noted below. [45 FR 24468, Apr. 10, 1980] § 52.1623 Conditional approval. top (a) General Conformity. (1) A letter, dated April 22, 1998, from the Chief of Air Quality Bureau New Mexico Environment Department to the EPA Regional Office, commits the State to remove Section 110.C from its rule for making the State's rule consistent with Federal rule. Specifically, the letter states that: This letter is regarding our general conformity rule, 20 NMAC 2.98—Conformity of General Federal Actions to the State Implementation Plan. We have been reviewing paragraph 110.C under Section 110—Reporting Requirements. This is the paragraph in which the Federal Aviation Administration (FAA) had submitted a comment of concern to EPA, during EPA's proposed/final approval period for our rule. This comment caused EPA to withdraw its approval. The FAA had commented that New Mexico was more stringent than EPA, since our rule does not apply to non-Federal agencies. Our analysis has determined that our inclusion of this paragraph may make our rule more stringent than EPA, and should not have been included. The paragraph had originally come from a STAPPA/ALAPCO model rule. New Mexico had never intended to be more stringent than EPA with regards to general conformity. Hence, the State commits to putting 20 NMAC 2.98 on our regulatory agenda and plan to delete this paragraph within one year from the Federal Register publication of final notice of conditional approval to New Mexico's general conformity SIP. (2) If the State ultimately fails to meet its commitment to remove this section from its rule within one year of publication of this conditional approval, then EPA's conditional action will automatically convert to a final disapproval. (b) [Reserved] [63 FR 48109, Sept. 9, 1998] §§ 52.1624-52.1626 [Reserved] top § 52.1627 Control strategy and regulations: Carbon monoxide. top (a) Part D Approval. The Albuquerque/Bernalillo County carbon monoxide maintenance plan as adopted on April 13, 1995, meets the requirements of Section 172 of the Clean Air Act, and is therefore approved. (b) Approval—The Albuquerque/Bernalillo County carbon monoxide limited maintenance plan revision dated September 7, 2004, meets the requirements of section 172 of the Clean Air Act, and is therefore approved. [61 FR 29973, June 13, 1996, as amended at 70 FR 41967, July 21, 2005] §§ 52.1628-52.1633 [Reserved] top § 52.1634 Significant deterioration of air quality. top (a) The plan submitted by the Governor of New Mexico on February 21, 1984 (as adopted by the New Mexico Environmental Improvement Board (NMEIB) on January 13, 1984), August 19, 1988 (as revised and adopted by the NMEIB on July 8, 1988), and July 16, 1990 (as revised and adopted by the NMEID on March 9, 1990), Air Quality Control Regulation 707—Permits, Prevention of Significant Deterioration (PSD) and its Supplemental document, is approved as meeting the requirements of part C, Clean Air Act for preventing significant deterioration of air quality. (b) The requirements of section 160 through 165 of the Clean Air Act are not met for federally designated Indian lands. Therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable implementation plan, and are applicable to sources located on land under the control of Indian governing bodies. (c) The plan submitted by the Governor in paragraph (a) of this section for Prevention of Significant Deterioration is not applicable to Bernalillo County. Therefore, the following plan described below is applicable to sources located within the boundaries of Bernalillo County (including the City of Albuquerque). This plan, submitted by the Governor of New Mexico on April 14, 1989, August 7, 1989, May 1, 1990, and May 17, 1993, and respectively adopted on March 8, 1989, July 12, 1989, April 11, 1990, and February 10, 1993, by the Albuquerque/Bernalillo County Air Quality Control Board, containing Regulation 29—Prevention of Significant Deterioration and its April 11, 1990, Supplemental document, is approved as meeting the requirements of part C of the Clean Air Act for the prevention of significant deterioration of air quality. [58 FR 67333, Dec. 21, 1993, as amended at 68 FR 11323, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003] § 52.1635 Rules and regulations. top (a) Part D disapproval: The requirements of §51.281 of this chapter are not met since the measurement provisions of Sections A, B.2, and B.3 of New Mexico Regulation 506 make these sections unenforceable. Therefore, Sections A, B.2, and B.3 of Regulation 506 are disapproved. (b) Regulation for measurement of emission limitations (particulate matter from nonferrous smelters). (1) This regulation applies to new and existing nonferrous smelters as they are defined in New Mexico Regulation 506. The requirements of this paragraph replace the requirements of Sections A, B.2, and B.3 of Regulation 506. All other requirements of Regulation 506 are approved as part of the plan. (2) No person owning or operating a new nonferrous smelter shall permit, cause, suffer, or allow particulate matter emissions to the atmosphere in excess of 0.03 grains per dry standard cubic foot (as defined in 40 CFR part 60) of discharge gas. (3) No person owning or operating an existing nonferrous smelter shall permit, cause, suffer, or allow particulate matter to the atmosphere from: (i) The stack or stacks serving the acid plant in excess of 0.05 grains per dry standard cubic foot of discharge gas. (ii) The stack or stacks serving the reverberatory feed dryer in excess of 0.05 grains per dry standard cubic foot of discharge gas. (c) Regulation for compliance testing (particulate matter from nonferrous smelter). The requirements of §60.8(f) of 40 CFR part 60 shall apply to paragraph (b)(2) of this section, and to each operation of Section B.4 of New Mexico Regulation 506. [45 FR 24469, Apr. 10, 1980, as amended at 51 FR 40677, Nov. 7, 1986] § 52.1636 {Reserved] top § 52.1637 Particulate Matter (PM10) Group II SIP commitments. top (a) On August 19, 1988, the Governor of New Mexico submitted a revision to the State Implementation Plan (SIP) that contained commitments, from the Director of New Mexico Environmental Improvement Division, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM10 Group II SIPs. The New Mexico Environmental Improvement Board adopted this SIP revision on July 7 and 8, 1988. (b) The State of New Mexico has committed to comply with the PM10 Group II State Implementation Plan (SIP) requirements, as articulated in the Federal Register notice of July 1, 1987 (52 FR 24670), for Dona Ana, Grant, Sandoval, Santa Fe, and Taos counties as provided in the New Mexico PM10 Group II SIPs. In addition to the SIP, a letter from the Director of New Mexico Environmental Improvement Division, dated July 15, 1988, stated that: This letter is in reference to PM10 Group II State Implementation Plan (SIP) requirements. In response to the requirements of the July 1, 1987 Federal Register, notice on PM10, the Environmental Improvement Division has prepared a Committal SIP for Group II areas. As expressed in this SIP revision, the Division is committing to carry out all required actions such as monitoring, reporting, emission inventory development, and other tasks necessary to satisfy the SIP requirements for PM10 Group II areas. [54 FR 20579, May 12, 1989] § 52.1638 Bernalillo County particulate matter (PM10) Group II SIP commitments. top (a) On December 7, 1988, the Governor of New Mexico submitted a revision to the State Implementation Plan (SIP) for Bernalillo County that contained commitments, from the Director of the Albuquerque Environmental Health Department, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM10 Group II SIPs. The City of Albuquerque and Bernalillo County Air Quality Control Board adopted this SIP revision on November 9, 1988. (b) The Albuquerque Environmental Health Department has committed to comply with the PM10 Group II State Implementation Plan (SIP) requirements, as articulated in the Federal Register notice of July 1, 1987 (52 FR 24670), for Bernalillo County as provided in the County's PM10 Group II SIP. In addition to the SIP, a letter from the Director of the Albuquerque Environmental Health Department, dated November 17, 1988, stated that: (1) This letter is in reference to the PM10 Group II SIP requirements particularly as pertains to Bernalillo County. In response to the requirements of the July 1, 1987 Federal Register notice on PM10, the Albuquerque Environmental Health Department has prepared a Committal SIP for all of Bernalillo County which has been classified Group II for this pollutant. (2) As expressed in the attached SIP revision, the Department is committing to carry out all required actions such as monitoring, reporting, emission inventory development and other tasks necessary to satisfy the SIP requirements for PM10 Group II areas. [54 FR 23477, June 1, 1989] § 52.1639 Prevention of air pollution emergency episodes. top (a) The plan submitted by the Governor of New Mexico on August 19, 1988, and as adopted on July 7, 1988, by the New Mexico Environmental Improvement Board, entitled Air Pollution Episode Contingency Plan for New Mexico, is approved as meeting the requirements of section 110 of the Clean Air Act and 40 CFR part 51, subpart H. This plan is only approved for the State of New Mexico outside of the boundaries of Bernalillo County. (b) The plan submitted by the Governor in (a) for the Air Pollution Episode Contingency Plan is not applicable to Bernalillo County. Therefore, the following plan described below is applicable to sources located within the boundaries of Bernalillo County (including the City of Albuquerque). This plan, submitted by the Governor of New Mexico on April 14, 1989, and adopted on January 26, 1989, by the Albuquerque/Bernalillo County Air Quality Control Board, entitled Air Pollution Episode Contingency Plan for Bernalillo County, is approved as meeting the requirements of section 110 of the Clean Air Act and 40 CFR part 51, subpart H. [56 FR 38074, Aug. 12, 1991] § 52.1640 Original identification of plan section. top (a) This section identifies the original “State of New Mexico Implementation Plan” and all revisions submitted by New Mexico that were federally approved prior to January 1, 1998. (b) The plan was officially submitted on January 27, 1972. (c) The Plan revisions listed below are submitted on the dates specified. (1) The Environmental Improvement Agency submitted revisions of Air Quality Control Regulations 506, 507, 604, 605, 606, 651, and 652 (adopted by the Board on January 10, 1972) on March 7, 1972. (2) Additions of sections 12–14–1 through 12–14–13 of the State's Air Quality Control Act, and Regulations 504, 602, and 603 were submitted by the Governor on May 9, 1972. (3) Revisions of Regulations 702, 703, 704, and 705, as adopted by the Board on July 29, 1972, and revisions of Sections IV, V, VII, and VIII, were submitted by the Environmental Improvement Agency on July 31, 1972. (4) State Attorney General's opinion on legal authority and confidentiality of source data was submitted on September 4, 1972. (Non-regulatory) (5) Revisions of the New Source Review and Source Surveillance sections of the New Mexico Implementation Plan were submitted by the Environmental Improvement Agency on January 3, 1973. (Non-regulatory) (6) Clarification of the State permit and source surveillance regulations was submitted by the Environmental Improvement Agency on January 18, 1973. (Non-regulatory) (7) Regulation 705, Compliance Schedules, was submitted by the Governor on February 12, 1974. (8) Revisions to Regulation 602, Coal Burning Equipment-Sulfur Dioxide, as adopted by the New Mexico Environmental Improvement Board on December 13, 1974, were submitted by the Governor on October 3, 1975 (see §52.1624). (9) Revisions to Regulation 100, Definitions, Regulation 705, Schedules of Compliance, and a new Regulation 706, Air Quality Maintenance Areas, were submitted by the Governor on November 6, 1975 (see §52.1633). (10) Revisions to sections 12–14–2, 12–14–6, and 12–14–7 of the New Mexico Air Quality Control Act were submitted by the Governor on November 6, 1975. (11) Revisions to the plan for attainment of standards for particulate matter in Albuquerque and Grant, Eddy and Lea Counties, sulfur dioxide in San Juan and Grant Counties; ozone in Albuquerque and carbon monoxide in Las Cruces, Farmington and Santa Fe were submitted by the Governor on January 23, 1979. (12) Ordinance for motor vehicle emissions inspection/maintenance program for Albuquerque submitted by the Governor July 2, 1979. (13) Commitments regarding the development of a TSP plan for Albuquerque, modifications to the permit regulations and commitments regarding reasonable further progress and commitments to currently planned transportation control measures for Albuquerque were submitted by the Governor on August 2, 1979. (14) Schedule for Albuquerque TSP plan, request for 18 month extension for submission of a plan for attainment of the TSP standard in Grant County, schedule for revising permit regulations were submitted by the Governor on September 25, 1979. (15) No action is being taken on the carbon monoxide strategies submitted by the Governor on January 23, 1979 for Farmington and Santa Fe. (16) Compliance schedules for several industries located in Eddy, Lea and Grant Counties were submitted to EPA by the Governor of New Mexico on July 25, 1979. (17) Revisions to the plan for attainment of the standard for carbon monoxide in Bernalillo County were submitted by the Governor on March 17, 1980. (18) A commitment to not issue permits to stationary sources located in nonattainment areas was submitted by the Governor on May 20, 1980. (19) A commitment to submit an enforcement plan for the Albuquerque-Bernalillo County inspection/maintenance program was submitted by the Governor on October 10, 1980. (20) On December 12, 1979, the Governor submitted final revisions to the ambient monitoring portion of plan. (21) A variance to Regulation 506 for Phelps Dodge Corporation, Hidalgo Smelter in Playas, New Mexico was submitted by the Governor on February 4, 1980. (22) Revisions to Regulation 602, Coal Burning Equipment-Sulfur Dioxide and a compliance schedule for that regulation were adopted on November 20, 1980 by the New Mexico Environmental Improvement Board and submitted by the Governor on November 24, 1980. A revised sulfur dioxide control strategy demonstration for San Juan County, based on revised Regulation 602 was submitted by the New Mexico Environmental Improvement Division on February 12, 1981. Clarifications of provisions in revised regulation 602, and a memorandum of understanding between the State and Arizona Public Service Company on the procedure to be used by EPA in enforcing power plant station emission limits were submitted by the New Mexico Environmental Improvement Division on April 16, 1981. (23) A revision to Regulation 504 which extends the final compliance date for Units 4 and 5 of the Arizona Public Service Four Corners Power Plant to December 31, 1982 was submitted by the Governor on June 28, 1978. A compliance schedule for the same units was submitted by the Governor on March 31, 1980. (24) A revision to Regulation 507, changing the emission limitations was submitted by the Governor on January 23, 1979. (25) A variance to Regulation 603 for the Arizona Public Service Units 3, 4, and 5 at the Four Corners Generating Station, was submitted by the Governor on July 31, 1980. (26) Revision to the plan for maintenance of pay for sources subject to nonferrous smelter orders (Section 74–2–11.1B of the New Mexico Air Quality Control Act) was submitted by the Governor on September 26, 1979. (27) The New Mexico Plan for lead was submitted to EPA on May 19, 1980, by the Governor of New Mexico as adopted by the New Mexico Improvement Board on May 9, 1980. A clarifying letter dated February 10, 1982 also was submitted. (28) Revisions to Regulation 652, Non-Ferrous Smelters—Sulfur, submitted by the Governor on June 22, 1981. A revised sulfur dioxide control strategy demonstration for Grant County based on the revised Regulation 652 was submitted by the New Mexico Environmental Improvement Division on May 12, 1981 and August 13, 1981. (29) A revision to Regulation 401, Regulation to Control Smoke and Visible Emissions, was adopted by the Environmental Improvement Board on August 25, 1978 and submitted by the Governor on November 8, 1978. (30) Revision to New Mexico Regulation 801, Excess Emissions during Malfunction, Startup, Shutdown or Scheduled Maintenance, was submitted by the Governor on May 16, 1981. (31) Revisions to Section X, Intergovernmental Consultation and Cooperation and Interstate Pollution Abatement, submitted by the Governor on January 23, 1979, the Intergovernmental Consultation Program submitted by the Environmental Improvement Division, March 28, 1980 and copies of letters from the New Mexico Environmental Improvement Division dated November 7, 1977 to the States of Texas, Oklahoma, Arizona, Colorado, and Utah sent in compliance with section 126(a)(2) of the Clean Air Act, as amended in 1977. (32) Revisions to Air Quality Control Regulation 652, Nonferrous Smelters—Sulfur were adopted by the New Mexico Environmental Improvement Board on June 11, 1982 and submitted to EPA by the Governor of New Mexico on July 26, 1982. (33) Addition of Public Information and Participation Program, submitted by the Environmental Improvement Division on December 20, 1979. (34) Revisions to the plan for attainment of the standard for Carbon Monoxide in Bernalillo County were submitted by the Governor on June 28, 1982, and January 26, 1983, which included the Albuquerque/Bernalillo County Air Quality Control Board Regulation Number 28, adopted October 19, 1982. On March 4, 1985, the vehicle inspection and maintenance portion of the SIP providing for attainment of the standard for Carbon Monoxide in Bernalillo County was disapproved. (35) Revisions to sections 74–2–2 (9/79, 2/82, 4/83); 74–2–5 (9/79, 2/82, 4/83); 74–2–6 (2/82); 74–2–7 (9/79, 2/82, 4/83); 74–2–9 (9/79); 74–2–11 (9/79); 74–2–11.1 (9/79); 74–2–15 (9/79); and 74–2–15.1 (9/79) of the State's Air Quality Control Act were submitted by the New Mexico Secretary for Health and Environment on August 11, 1983. (36) A revision to Air Quality Control Regulation 402 “Regulation to Control Wood Waste Burners” as adopted by the New Mexico Environmental Improvement Board on January 10, 1975, and revised by that Board on December 10, 1982, was submitted by the State on December 23, 1983. (37) On February 21, 1984, the Governor of New Mexico submitted Air Quality Control Regulation 707—Permits, Prevention of Significant Deterioration (PSD), as adopted by the New Mexico Environmental Improvement Board on January 13, 1984. Regulation 707 provides authority for the State to implement the PSD program in certain areas of the State. On May 14, 1985, the Governor of New Mexico submitted a letter in which he committed the State not to issue PSD permits under Regulation 707 to sources which would require review under EPA's stack height regulations because they would have stack heights over sixty five (65) meters or would use any other dispersion techniques, as defined at 40 CFR 51.1(hh). (i) Incorporation by reference. (A) Letter from the Governor of New Mexico dated February 21, 1984 to EPA, and New Mexico Air Quality Control Regulation No. 707—Permits, Prevention of Significant Deterioration of Air Quality, except for sources that locate (or are located) on lands under control of Indian Governing Bodies, or sources that locate (or are located) in Bernalillo County, or sources that require review under EPA's stack height regulations because they have stack heights over sixty five (65) meters or use any other dispersion techniques, as defined at 40 CFR 51.1(hh), adopted on January 13, 1984. (B) A letter from the Governor of New Mexico dated May 14, 1985, in which he committed the State not to issue PSD permits under Regulation 707 to source which would require review under EPA's stack height regulations because they would have stack heights over sixty five (65) meters or would use any other dispersion techniques, as defined at 40 CFR 51.1(hh). (ii) Additional material. (A) A narrative explantion entitled “Revision to the New Mexico State Implementation Plan—Prevention of Significant Deterioration of Air Quality.” (38) Revisions to the New Mexico SIP for the Arizona Public Service Units 3, 4 and 5 at the Four Corners Generating Station were submitted by the Governor on February 4, 1987, October 26, 1987, and February 16, 1988. (i) Incorporation by reference. (A) An Order dated and effective August 7, 1986, issued by the Chairman of the New Mexico Environmental Improvement Board in the matter of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4 and 5 of the Four Corners Power Plant granting a variance through May 31, 1987, from Air Quality Control Regulation 603.B. (B) A Memorandum and Order dated and effective April 10, 1987, issued by the Chairman of the New Mexico Environmental Improvement Board in the matter of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4 and 5 of the Four Corners Power Plant extending the term of the variance from May 31, 1987 through October 15, 1987. (C) An Order dated and effective December 18, 1987, issued by the Chairman of the New Mexico Environmental Improvement board in the matter of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4 and 5 of the Four Corners Power Plant extending the term of the variance through September 30, 1989 for Unit 4, September 30, 1990 for Unit 3, and September 30, 1991 for Unit 5. (ii) Additional material. (A) Modeling Protocol, The Four Corners Power Plant, prepared by Bruce Nicholson of the New Mexico Environmental Improvement Division, November 6, 1987. (B) Amendment to Modeling Protocol, letter of August 17, 1988, from Bruce Nicholson of the New Mexico Environmental Improvement Division to Gerald Fontenot of EPA Region 6. (C) Modeling Report, letter of October 27, 1988 to C. V. Mathai (Arizona Public Service Company) and Bruce Nicholson (New Mexico Environmental Improvement Division) from Mark Yocke of Systems Applications Inc. (D) An air quality impact analysis dated November 16, 1988, submitted by the Governor of New Mexico which demonstrated that the variance would not interfere with attainment or maintenance of the NO2 NAAQS. (39) On April 26, 1988, the Governor of New Mexico submitted a revision to the State Implementation Plan that contained Air Quality Control Regulation No. 710—Stack Height Requirements, as adopted by the New Mexico Environmental Improvement Board on March 10, 1988. Regulation No. 710 enables the State to ensure that the degree of emission limitation required for the control of any air pollutant under its SIP is not affected by that portion of any stack height that exceeds GEP or by any other dispersion technique. (i) Incorporation by reference. (A) New Mexico Air Quality Control Regulation No. 710—Stack Height Requirements, effective April 14, 1988. (ii) Other material—None. (40) On November 5, 1985, the Governor of New Mexico submitted Air Quality Control Regulation 709, Permits-Nonattainment Areas, as adopted by the New Mexico Environmental Improvement Board on July 26, 1985, and effective on August 25, 1985. On August 19, 1988, the Governor of New Mexico submitted revisions to Air Quality Control Regulation 709, Permits—Nonattainment Areas, as adopted by the New Mexico Environmental Improvement Board on July 8, 1988, and effective on August 31, 1988. These revisions were to Section G.3, H.4.(d), J.1.(b)(iv), and L.32. Regulation 709 establishes a program under which new major source and major modifications may be constructed in areas where a National Ambient Air Quality Standard (NAAQS) is being exceeded, without interfering with the continuing progress toward attainment of that standard. This regulation is part of New Mexico's New Source Review (NSR) program. (i) Incorporation by reference. (A) Incorporation of New Mexico Air Quality Control Regulation 709; adopted on July 26, 1985, effective August 25, 1985 and Revisions G.3; H.4.(d); J.1.(b)(iv); and L.32 adopted on July 8, 1988, effective August 31, 1988. (ii) Additional material. (A) Letter dated September 29, 1988, from the New Mexico Air Quality Bureau Chief making commitments requested by EPA in the August 31, 1988, Federal Register Proposed Rulemaking (51 FR 33505). (41) Revisions to the New Mexico State Implementation Plan for particulate matter (PM10 Group III): (1) Air Quality Control Regulation (AQCR) 100—Definitions Sections P, Q, R, S, BB; (2) AQCR 707—Permits, Prevention of Significant Deterioration (PSD) Sections C, E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), Table 2, and Table 3; and (3) AQCR 709—Permits, Nonattainment Areas sections A(1)(b), A(5), and Table 1 as adopted by the New Mexico Environmental Improvement Board (NMEIB) on July 8, 1988, and filed with State Records Center on August 1, 1988; and (4) Air Pollution Episode Contingency Plan for New Mexico, as adopted by the NMEID on July 7, 1988, were submitted by the Governor on August 19, 1988. Approval of the PM10 Group III SIP is partially based on previous approved AQCRs 100, 301, 401, 402, 501, 502, 506, 507, 508, 509, 510, 511, 601, 702, 707, and 709. (i) Incorporation by reference. (A) AQCR 100—Definitions Section P, Q, R, S, and BB as filed with State Records Center on August 1, 1988. (B) AQCR 707—Permits, Prevention of Significant Deterioration (PSD) Sections C, E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), Table 2, and Table 3, as filed with State Records Center on August 1, 1988. (C) AQCR 709—Permits, Nonattainment Areas Sections A(1)(b), A(5), and Table 1 as filed with State Records Center on August 1, 1988. (ii) Additional material. (A) A letter dated May 25, 1988, from the NMEID General Counsel to EPA's Region 6 Air Programs Chief indicating that the State of New Mexico has sufficient authority to enforce the NAAQS without adopting the Federal NAAQS as State standards. (42) [Reserved] (43) A revision to the New Mexico State Implementation Plan (SIP) to include Air Quality Control Regulation 700—Filing and Permit Fees, as filed with the State Records and Archives Center on November 20, 1989, and submitted by the Governor of New Mexico on May 14, 1990. (i) Incorporation by reference. (A) New Mexico Air Quality Control Regulation 700—Filing and Permit Fees, as filed with the State Records and Archives Center on November 20, 1989. (44) A revision to the New Mexico State Implementation Plan (SIP) to include: Air Quality Control Regulation 110—Confidential Information Protection, and Air Quality Control Regulation 703.1—Notice of Intent and Emissions Inventory Requirements, and revisions to Air Quality Control Regulations 100—Definitions and 709—Permits—Nonattainment Areas, as all filed with the State Records and Archives Center on May 29, 1990, and submitted by the Governor of New Mexico on July 16, 1990; and revisions to Air Quality Control Regulation 702—Permits, as filed with the State Records and Archives Center on August 18, 1987, on October 19, 1988, and on May 29, 1990. Air Quality Control Regulation 702 was first submitted by the Governor of New Mexico to EPA on September 17, 1987. Further revisions to Air Quality Control Regulation 702 were submitted to EPA on October 28, 1988, and on July 16, 1990. The approval of Air Quality Control Regulation 703.1 allows Air Quality Control Regulation 703 to be removed from the New Mexico State Implementation Plan. (i) Incorporation by reference. (A) New Mexico Air Quality Control Regulation 110—Confidential Information Protection, as filed with the State Records and Archives Center on May 29, 1990. (B) New Mexico Air Quality Control Regulation 703.1—Notice of Intent and Emissions Inventory Requirements, “Part One—Definitions;” “Part Two—Notice of Intent;” and “Part Three—Emissions Inventory Requirements,” as filed with the State Records and Archives Center on May 29, 1990. (C) New Mexico Air Quality Control Regulation 100—Definitions, sections (B), (C), (D), (E), (F), (G), (H), (I), (J), (N), (O), (T), (U), (V), (W), (X), (Y), (Z), (AA), (CC), (DD), and (EE), as filed with the State Records and Archives Center on May 29, 1990. (D) New Mexico Air Quality Control Regulation 702—Permits, “Part One—Definitions,” first paragraph and sections 1, 2, 3, 4, 5; “Part Two—Permit Processing and Requirements,” section A, subsections A(4), A(6); section G, “Public Notice and Participation,” subsections G(1) (first paragraph), G(1)(e); section H, “Permit Decisions and Appeals,” subsections H(1), H(2), H(3), H(5), H(6), H(7); Section I, “Basis for Denial of Permit,” subsections I(1), I(3); Section J, “Additional Legal Responsibilities on Applicants;” section K, “Permit Conditions,” subsections K(1), K(2), K(3), K(4); section L, “Permit Cancellations;” section M, “Permittee's Notification Requirements to Division,” subsections M (first paragraph), M(1); Section O, “Source Class Exemption Process (Permit Streamlining),” subsections O(1)(a), O(2); and section P, “Emergency Permit Process,” subsections P(2), P(3), P(4), as filed with the State Records and Archives Center on August 18, 1987; and further revisions to Air Quality Control Regulation 702, “Part One—Definitions,” sections 6, 7, 8, 9, 10, 11; “Part Two—Permit Processing and Requirements,” section A, subsection A(1)(b); section H, “Permit Decisions and Appeals,” subsection H(4); and section I, “Basis for Denial of Permit,” subsection I (first paragraph), as filed with the State Records and Archives Center on October 19, 1988; and further revisions to Air Quality Control Regulation 702, “Part One—Definitions,” Sections 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33; “Part Two—Permit Processing and Requirements,” section A, “Application for Construction, Modification, NSPS, and NESHAP—Permits and Revisions,” Subsections A(1)(a)(i), A(1)(a)(ii), A(1)(a)(iii), A(1)(a)(v), A(2), A(3), A(5), A(7); Section B, “New Source Review Coordination;” section C, “Permit Revision;” section D, “Contents of Applications (except last sentence of section D, subsection D(1)(d));” section E, “Confidential Information Protection;” section F, “Construction, Modification and Permit Revision in Bernalillo County;” section G, “Public Notice and Participation,” subsections G(1)(a), G(1)(b), G(1)(c), G(1)(d), G(1)(f), G(2); section I, “Basis for Denial of Permit,” subsections I(2), I(4), I(5), I(6), I(7); section K, “Permit Conditions,” subsection K(5); section M, “Permittee's Notification Requirements to Division,” Subsections M(2), M(3), M(4); section N, “Startup and Followup Testing;” Section O, “Source Class Exemption Process (Permit Streamlining),” subsections O(1) (first paragraph), O(1)(b), O(1)(c), O(3), O(4); section P, “Emergency Permit Process,” subsections P(1), P(5); section Q, “Nonattainment Area Requirements;” and Table 1, “Significant Ambient Concentrations,” as filed with the State Records and Archives Center on May 29, 1990. (E) New Mexico Air Quality Control Regulation 709—Permits—Nonattainment Areas, section A, “Applicability,” subsections A(1), A(3), A(4); section B, “Source Obligation,” subsections B(3), B(5), B(6); section C, “Source Information,” subsections C (first paragraph), C(1), C(2); section D, “Source Requirements,” subsections D(1), D(2), D(3), D(4), D(5); section E, “Additional Requirements for Sources Impacting Mandatory Federal Class I Areas,” subsections E(1), E(2), E(5); section H, “Banking of Emission Reduction,” subsection H(4)(a); section I, “Air Quality Benefit,” subsections I(1), I(2); section J, “Public Participation and Notification;” section K, “Definitions;” and Table 2, “Fugitive Emissions Source Categories,” Title only, as filed with the State Records and Archives Center on May 29, 1990. (45) On July 11, 1986, the Governor of New Mexico submitted a revision to the State Implementation Plan that contained Albuquerque/Bernalillo County Air Quality Control Regulation (AQCR) No. 33—Stack Height Requirements, as filed with the State Records and Archives Center on June 18, 1986. Further, on April 14, 1989, the Governor submitted revisions to AQCR 33, as filed with the State Records and Archives Center on March 16, 1989. In addition, on August 7, 1989, the Governor submitted a commitment found in the July 12, 1989 Supplement to AQCR 33 to include specific caveat language on all affected permits issued in which dispersion credits have been an issue in the permit. AQCR 33 enables Albuquerque/Bernalillo County to ensure that the degree of emission limitation required for the control of any air pollutant under its SIP is not affected by that portion of any stack height that exceeds GEP or by any other dispersion technique. (i) Incorporation by reference. (A) Albuquerque/Bernalillo County Air Quality Control Regulation 33—Stack Height Requirements, as filed with the State Records and Archives Center on June 18, 1986, and as revised on March 16, 1989. (ii) Additional material. (A) The Supplement to the State of New Mexico's SIP regarding stack heights in new source review (NSR) for permits issued in Bernalillo County, as adopted by the Albuquerque/Bernalillo County Air Quality Control Board on July 12, 1989. The Board in this Supplement committed to include specific caveat language for all affected permits issued in which dispersion credits have been an issue in the permit. (46) Revisions to the New Mexico State Implementation Plan for Air Quality Control Regulation (AQCR) 707—Permits, Prevention of Significant Deterioration (PSD) (for PSD nitrogen dioxide increments) Sections O(4), P(7) through P(41), Table 4, and Table 5, as adopted by the New Mexico Environmental Improvement Board (NMEIB) on March 9, 1990, and filed with State Records Center on May 29, 1990, were submitted by the Governor on July 16, 1990. (i) Incorporation by reference. (A) AQCR 707—Permits, Prevention of Significant Deterioration (PSD) sections O(4), P(7) through P(41), Table 4, and Table 5, as filed with State Records Center on May 29, 1990. (ii) Additional Material—None. (47) A revision to the New Mexico State Implementation Plan (SIP) to include Part Four of Air Quality Control Regulation 702, entitled “Source Class Permit Streamlining,” as filed with the State Records and Archives Center on May 12, 1992, and submitted by the Governor of New Mexico by letter dated June 16, 1992. (i) Incorporation by reference. (A) New Mexico Air Quality Control Regulation 702—Permits, “Part Four—Source Class Permit Streamlining,” Section A, “Definitions;” Section B, “Applicability;” Section C, “Contents of Application;” Section D, “Public Notice and Participation;” Section E, “Permit Decisions;” Section F, “General Requirements;” Section G, “Source Class Requirements;” and Table 2, “Permit Streamlining Source Class Categories,” as filed with the State Records and Archives Center on May 12, 1992. (48) A revision to the New Mexico SIP to include revisions to Air Quality Control Regulation 709—Permits—Nonattainment Areas, as filed with the State Records and Archives Center on June 25, 1992. (i) Incorporation by reference. (A) Revisions to New Mexico Air Quality Control Regulation 709—Permits—Nonattainment Areas, Section D, “Source Requirements,” Subsections D(2), D(3)(a), D(5), D(6); Section G, “Emission Offsets,” Subsection G(5); Section I, “Air Quality Benefit,” Subsection I(1); and Section J, “Public Participation and Notification,” Subsection J(2) (first paragraph), as filed with the State Records and Archives Center on June 25, 1992. (49) A revision to the New Mexico State Implementation Plan (SIP) to include revisions to Albuquerque/Bernalillo County Air Quality Control Board Regulation 8—Airborne Particulate Matter, as filed with the State Records and Archives Center on February 17, 1983, and submitted by the Governor of New Mexico by letter dated June 16, 1992. (i) Incorporation by reference. (A) Albuquerque/Bernalillo County Air Quality Control Board Regulation 8—Airborne Particulate Matter, Section 8.03, “Soil Disturbance,” Subsections 8.03.1, 8.03.2, 8.03.3, 8.03.4, 8.03.5, 8.03.6, 8.03.7, and 8.03.8, as filed with the State Records and Archives Center on February 17, 1983. (50) A revision to the New Mexico State Implementation Plan (SIP) addressing moderate PM–10 nonattainment area requirements for Anthony was submitted by the Governor of New Mexico by letter dated November 8, 1991. The SIP revision included, as per section 188(f) of the Clean Air Act, a request for a waiver of the attainment date for Anthony. (i) Incorporation by reference. (A) Revision to New Mexico Air Quality Control Regulation 301—Regulation to Control Open Burning, section I (definition of “open burning”), as filed with the State Records and Archives Center on February 7, 1983. (ii) Additional material. (A) November 8, 1991, narrative plan addressing the Anthony moderate PM–10 nonattainment area, including emission inventory, modeling analyses, and control measures. (B) A letter dated October 29, 1991, from Judith M. Price, Dona Ana County Planning Director and Assistant County Manager, to Judith M. Espinosa, Secretary of the New Mexico Environment Department, in which the County committed to implement and enforce all Dona Ana County rules, regulations, policies and practices, including those identified in the draft PM–10 SIP which reduce airborne dust in the Anthony area. The Dona Ana County rules, regulations, policies and practices identified in the draft Anthony PM–10 SIP are identical to those identified in the final Anthony PM–10 SIP. (C) A letter dated November 21, 1991, from Cecilia Williams, Chief, New Mexico Air Quality Bureau, to Gerald Fontenot, Chief, Air Programs Branch, EPA Region 6, expressing satisfaction with the October 29, 1991, commitment letter from Judith Price to Judith Espinosa. (D) Anthony PM–10 SIP narrative from page 10 that reads as follows: “The State remains committed to the dust control measures implemented by Dona Ana County, moderate area control strategies as agreed to in this SIP submittal and to the established air quality monitoring schedule.” (51) A revision to the New Mexico SIP addressing the nonattainment new source review program for Albuquerque/Bernalillo County, outside the boundaries of Indian lands, was submitted by the Governor of New Mexico on April 14, 1989, August 7, 1989, and May 17, 1993. The revision included visibility protection new source review and stack height provisions. (i) Incorporation by reference. (A) Albuquerque/Bernalillo County Air Quality Control Regulation 32—Construction Permits—Nonattainment Areas, Section A, “Applicability,” Subsection A(2); Section B, “Source Obligation,” Subsections B(1), B(2), B(4); Section C, “Source Information,” Subsection C(3); Section G, “Emission Offsets,” Subsections G(first paragraph), G(1), G(2), G(4), G(6), G(7), G(8), G(9)(first paragraph), G(9)(a), G(9)(b), G(10); Section J, “Public Participation and Notification,” Subsections J(1), J(2)(a), J(2)(d), J(2)(f), J(2)(g), J(2)(h); Section K, “Definitions,” Subsections K(first paragraph), K(1), K(2), K(4), K(5), K(6), K(8), K(9), K(10), K(11), K(12), K(13), K(15), K(16)(first paragraph), K(16)(b), K(16)(c)(first paragraph), K(16)(c)(i), K(16)(c)(ii), K(16)(c)(iii), K(16)(c)(iv), K(16)(c)(v)(first paragraph), K(16)(c)(v)(a), K(16)(c)(vi), K(16)(c)(vii), K(16)(d), K(16)(e), K(17)(first paragraph), K(17)(a), K(17)(b), K(17)(c), K(18), K(19), K(20), K(21)(first paragraph), K(21)(a), K(21)(b)(first paragraph), K(21)(b)(i), K(21)(c), K(21)(d), K(21)(e), K(21)(f), K(23), K(26), K(28), K(29), K(31), K(32); and Table 1, “Significant Ambient Concentrations,” as filed with the State Records and Archives Center on March 16, 1989; and further revisions to AQCR 32, Section i, “Purpose;” Section A, “Applicability,” Subsections A(1), A(3), A(4); Section B, “Source Obligation,” Subsections B(3), B(5), B(6); Section C, “Source Information,” Subsections C(first paragraph), C(1), C(2); Section D, “Source Requirements;” Section E, “Additional Requirements for Sources;” Section F, “Emissions Offset Baseline;” Section G, “Emission Offsets,” Subsections G(3), G(5), G(9)(c); Section H, “Banking of Emission Reduction;” Section I, “Air Quality Benefit;” Section J, “Public Participation and Notification,” Subsections J(2)(first paragraph), J(2)(b), J(2)(c), J(2)(e); Section K, “Definitions,” Subsections K(3), K(7), K(14), K(16)(a), K(16)(c)(v)(b), K(17)(d), K(17)(e), K(21)(b)(ii), K(22), K(24), K(25), K(27), K(30); and Table 2, “Fugitive Emissions Source Categories,” as filed with the State Records and Archives Center on February 26, 1993. (ii) Additional material. (A) The Supplement to the New Mexico State Implementation Plan to Control Air Pollution in Areas of Bernalillo County Designated Nonattainment, as approved by the Albuquerque/Bernalillo County Air Quality Control Board on April 14, 1993. This supplement superseded the supplement dated July 12, 1989. (B) A letter dated July 18, 1989, from Sarah B. Kotchian, Director, Albuquerque Environmental Health Department, to Mr. Robert E. Layton Jr., Regional Administrator, EPA Region 6, regarding a stack height commitment and an NSPS/NESHAP performance testing commitment. (52) A revision to the New Mexico SIP addressing CO for Albuquerque/Bernalillo County was submitted by the Governor of New Mexico by letter dated November 5, 1992. (i) Incorporation by reference. (A) Albuquerque/Bernalillo County Regulation 34–Woodburning, section 34.00, “Purpose;” section 34.01, “Definitions;” section 34.02, “Sale of New Wood Heaters-Certification Required;” section 34.03, “No-burn Periods;” section 34.04, “Notice Required;” Section 34.05, “Exemptions;” section 34.06, “Visible Emissions;” section 34.07, “Test Procedures;” and section 34.08, “Misfueling of Solid Fuel Heating Devices Prohibited,” as filed with the State Records and Archives Center on November 27, 1991. (B) Albuquerque/Bernalillo County Regulation 35–Alternative Fuels, section 35.00, “Purpose;” section 35.01, “Definitions;” section 35.02, “Oxygenated Fuels;” section 35.03, “Oxygenated Fuels Procedures Manual;” and section 35.07, “Severability Clause,” as filed with the State Records and Archives Center on June 25, 1992. (ii) Additional material. (A) November 5, 1992, narrative plan addressing the Albuquerque/Bernalillo County CO nonattainment area, including the Albuquerque/Bernalillo County 1990 base year CO emissions inventory. (B) A letter dated March 22, 1993, from Sarah B. Kotchian, Director, Albuquerque Environmental Health Department (Department), to A. Stanley Meiburg, Director, Air, Pesticides and Toxics Division, EPA Region 6, in which the Department committed to submitting future amendments to Regulation 34 to correct an enforceability deficiency, and in which the Department committed to using only EPA approved test methods until the future amendment correcting the enforceability deficiency is approved by the EPA. (C) A memorandum dated September 8, 1992, from Kent A. Salazar, Manager, Albuquerque Vehicle Pollution Management Division, to Albert Salas, Quality Assurance Specialist Supervisor, Albuquerque Vehicle Pollution Management Division, addressing the suspension of the oxygenated fuels program due to oxygenate shortage. (53) A revision to the New Mexico SIP addressing the prevention of significant deterioration program for Albuquerque/Bernalillo County, outside the boundaries of Indian lands, was submitted by the Governor of New Mexico on April 14, 1989, August 7, 1989, May 1, 1990, and May 17, 1993. The revision included NO2 increment provisions and visibility protection NSR. (i) Incorporation by reference. (A) Albuquerque/Bernalillo County Air Quality Control Regulation (AQCR) 29—Prevention of Significant Deterioration, Section A, “Applicability;” Section B, “Exemptions;” Section C, “Source Obligation;” Section D, “Source Information;” Section E, “Control Technology Requirements,” Subsections E(1), E(2), E(4)(a), E(4)(b), E(4)(c), E(4)(d), E(4)(e), E(5), E(6), E(7), E(8); Section F, “Ambient Impact Requirements,” Subsections F(1), F(2); Section G, “Additional Impact Requirements;” Section H, “Ambient Air Quality Modeling;” Section I, “Monitoring Requirements,” Subsections I(1), I(2), I(3), I(4), I(5), I(7), I(8), I(9); Section J, “Stack Height Credit;” Section K, “Temporary Source Exemptions;” Section L, “Public Participation and Notification;” Section M, “Restrictions on Area Classifications;” Section N, “Exclusions from Increment Consumption;” Section O, “Additional Requirements for Sources Impacting Federal Class I Areas,” Subsections O(1), O(2), O(3), O(5), O(6), O(7); Section P, “Definitions,” Subsections P(first paragraph), P(1), P(2), P(3), P(4), P(5), P(6), P(26)(first paragraph), P(26)(a), P(26)(c), P(26)(d), P(27); and Table 3, “Significant Monitoring Concentrations,” as filed with the State Records and Archives Center on March 16, 1989; and further revisions to AQCR 29, Section O, “Additional Requirements for Sources Impacting Federal Class I Areas,” Subsection O(4); Section P, “Definitions,” Subsections P(8), P(9), P(10), P(12), P(13)(first paragraph), P(13)(a), P(14), P(15), P(16), P(17), P(18), P(19), P(20), P(21), P(22), P(23), P(24), P(25), P(26)(e), P(28), P(29), P(30), P(31), P(32), P(33), P(34), P(35), P(36), P(37), P(38), P(39), P(40), P(41); and Table 5, “Maximum Allowable Increases for Class I Waivers,” as filed with the State Records and Archives Center on April 24, 1990; and further revisions to AQCR 29, Section E, “Control Technology Requirements,” Subsections E(3), E(4)(first paragraph); Section F, “Ambient Impact Requirements,” Subsection F(3); Section I, “Monitoring Requirements,” Subsection I(6); Section P, “Definitions,” Subsections P(7), P(11), P(13)(b), P(26)(b); Table 1, “PSD Source Categories;” Table 2, “Significant Emission Rates;” Table 4, “Allowable PSD Increments;” and Table 6, “Maximum Allowable Increase for Sulfur Dioxide Waiver by Governor,” as filed with the State Records and Archives Center on February 26, 1993. (B) Albuquerque/Bernalillo County Air Quality Control Board Regulation 2—Definitions, Sections 2.31, 2.32, 2.33, 2.34, 2.35, 2.36, 2.37, 2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 2.45, 2.46, 2.47, 2.48, 2.49, 2.50, 2.51, and 2.52, as filed with the State Records and Archives Center on March 16, 1989. (ii) Additional material. (A) The Supplement to the New Mexico State Implementation Plan for Prevention of Significant Deterioration in Albuquerque/Bernalillo County, as approved by the Albuquerque/Bernalillo County Air Quality Control Board on April 11, 1990. This supplement superseded the supplement dated July 12, 1989. (B) A letter dated April 20, 1992, from Sarah B. Kotchian, Director, Albuquerque Environmental Health Department, to A. Stanley Meiburg, Director, Air, Pesticides and Toxics Division, EPA Region 6, regarding a commitment to incorporate Clean Air Act Amendment revisions into the Albuquerque/Bernalillo County PSD program. (54) A revision to the New Mexico SIP addressing the Albuquerque/Bernalillo County Permitting Program was submitted by the Governor of New Mexico by cover letter dated July 22, 1993. (i) Incorporation by reference. (A) Albuquerque/Bernalillo County Regulation Number 20–Authority-to-Construct Permits, Section 20.00, “Purpose;” Section 20.01, “Applicability;” Section 20.02, “Fees for Permit Application Review;” Section 20.03, “Contents of Applications;” Section 20.04, “Public Notice and Participation;” Section 20.05, “Permit Decisions and Appeals;” Section 20.06, “Basis for Permit Denial;” Section 20.07, “Additional Legal Responsibilities on Applicants;” Section 20.08, “Permit Conditions;” Section 20.09, “Permit Cancellation;” Section 20.10, “Permittee's Notification Obligations to the Department;” Section 20.11, “Performance Testing Following Startup;” Section 20.12, “Emergency Permits;” Section 20.13, “Nonattainment Area Requirements;” Section 20.14, “Definitions Specific to Authority-to-Construct Permit Regulations;” and Table One, “Significant Ambient Concentrations,” as filed with the State Records and Archives Center on February 26, 1993. (ii) Additional material. (A) The Supplement Pertaining to General New Source Review in Albuquerque/Bernalillo County, New Mexico, as approved by the Albuquerque/Bernalillo County Air Quality Control Board on May 12, 1993. (55)–(56) [Reserved] (57) A revision to the New Mexico SIP addressing CO contingency measures and a proposed clean fuel vehicle fleet demonstration project for Albuquerque/Bernalillo County, outside the boundaries of Indian lands, was submitted by the Governor of New Mexico by cover letter dated November 12, 1993. (i) Incorporation by reference. (A) Albuquerque/Bernalillo County Regulation Number 35–Alternative Fuels, Section 35.02, “Oxygenated Fuels,” Subsection 35.02(A)(1); Section 35.03, “Oxygenated Fuels Procedures Manual;” and Section 35.06, “Contingency Measures,” as filed with the State Records and Archives Center on November 10, 1993. (ii) Additional material. (A) November 12, 1993, narrative plan addressing the Albuquerque/Bernalillo County CO nonattainment area, including the proposed clean fuel vehicle fleet demonstration project. (58) A revision to the New Mexico State Implementation Plan (SIP) to include revisions to AQCRs 602, 605, 651, and 652, submitted by the Governor by cover letter dated January 28, 1994. The revision to AQCR 605 consists of removing AQCR 605 from theNew Mexico SIP. (i) Incorporation by reference. (A) Revisions to New Mexico Air Quality Control Regulation 602–Coal Burning Equipment-Sulfur Dioxide, Section A.1, Section A.2, Section A.3, Section B.1, Section C.1, Section E.2.a, Section E.2.d, Section F.1.b, Section F.7 and Section G, as filed with the State Records and Archives Center on November 17, 1993. (B) Revisions to New Mexico Air Quality Control Regulation 651–Sulfuric Acid Production Units-Sulfur Dioxide, Acid Mist and Visible Emissions, Section A, Section B, Section C, Section D, Section E, Section F, Section G and Section H, as filed with the State Records and Archives Center on November 17, 1993. (C) Revisions to New Mexico Air Quality Control Regulation 652–Nonferrous Smelters-Sulfur, Section B.2, Section C.1, Section D, Section G, Section H, Section I, Section J, Section K and Section L, as filed with the State Records and Archives Center on November 17, 1993. (ii) Additional material. (A) The document entitled “Hidalgo Smelter Sulfur Recovery Procedures,” including appendix 1, “Physical Inventory for Sulfur Recovery Calculations,” and appendix 2, “Monthly Sulfur Recovery Calculation.” (59) A revision to the New Mexico State Implementation Plan for Transportation Conformity: Albuquerque/Bernalillo County Air Quality Control Regulation (AQCR) No. 42 “Transportation Conformity” as adopted on November 9, 1994 and filed with the State Records and Archives Center on December 16, 1994, was submitted by the Governor on December 19, 1994. No action is taken on AQCR No. 42 Section 11. (i) Incorporation by reference. (A) Albuquerque/Bernalillo County Air Quality Control Regulation (AQCR) No. 42 “Transportation Conformity” as adopted on November 9, 1994 and filed with the State Records and Archives Center on December 16, 1994. No action is taken on AQCR No. 42 Section 11. (ii) Additional material. None. (60) A revision to the New Mexico State Implementation Plan for General Conformity: Albuquerque/Bernalillo County Air Quality Control Regulation No. 43 “General Conformity” as adopted on November 9, 1994, and filed with the State Records and Archives Center on December 16, 1994, was submitted by the Governor on December 19, 1994. (i) Incorporation by reference. (A) Albuquerque/Bernalillo County Air Quality Control Regulation No. 43 “General Conformity” as adopted on November 9, 1994, and filed with the State Records and Archives Center on December 16, 1994. (61) A revision to the New Mexico SIP to udpate the Supplement to the New Mexico State Implementation Plan to Control Air Pollution in Area(s) of Bernalillo County Designated Nonattainment to reflect EPA's approval for lifting the construction ban in Bernalillo County, superseding the supplement dated April 14, 1993. (i) Incorporation by reference. (A) October 12, 1994 Supplement to the New Mexico State Implementation Plan to Control Air Pollution in Area(s) of Bernalillo County Designated Nonattainment as approved by the Albuquerque/Bernalillo County Air Quality Control Board on November 9, 1994. (62) The Governor of New Mexico submitted revisions to 20 New Mexico Administrative Code 2.74 on June 26, 1995, to incorporate changes in the Federal PSD permitting regulations for PM–10 increments. (i) Incorporation by reference. (A) Revisions to 20 New Mexico Administrative Code 2.74, effective July 20, 1995. (63) A revision to the New Mexico SIP approving a request for redesignation to attainment, a vehicle inspection and maintenance program, and the required maintenance plan for the Albuquerque/Bernalillo County CO nonattainment area, submitted by the Governor on May 11, 1995. The 1993 emissions inventory and projections were included in the maintenance plan. (i) Incorporation by reference. (A) A letter from the Governor of New Mexico to EPA dated April 14, 1995, in which the Governor requested redesignation to attainment based on the adopted Carbon Monoxide Redesignation Request and Maintenance Plan for Albuquerque/Bernalillo County New Mexico. (B) Albuquerque/Bernalillo County Air Quality Control Board Regulation No. 28, Motor Vehicle Inspection, as amended April 12, 1995 and effective on July 1, 1995. (ii) Additional material. Carbon Monoxide Redesignation Request and Maintenance Plan for Albuquerque/Bernalillo County New Mexico, approved and adopted by the Air Quality Control Board on April 13, 1995. (64)–(65) [Reserved] (66) Recodified and revised regulations of the New Mexico Administrative Code submitted by the Governor on January 8, and July 18, 1996. (i) Incorporation by reference. (A) New Mexico Administrative Code, Title 20, Chapter 2, Parts 1 and 2, adopted by the New Mexico Environmental Improvement Board September 22, 1995, and filed with the State Records and Archives Center on September 27, 1995. (B) New Mexico Administrative Code, Title 20, Chapter 2, Parts 3, 5, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32, 33, 34, 40, 41, 60, 61, 70, 71, 72 (Subparts I, II and, III; Subpart V, Sections 501 and 502), 73, 75, 79, and 80; adopted by the New Mexico Environmental Improvement Board on October 20, 1995, and filed with the State Records and Archives Center on October 30, 1995. (C) Revised New Mexico Administrative Code, Title 20, Chapter 2, Part 3, Sections 109 and 111 and; Part 61, Section 111 and; repeal of Part 3, Section 112, adopted by the New Mexico Environmental Improvement Board December 8, 1995, and filed with the State Records and Archives Center on December 11, 1995. (D) New Mexico State Records Center transmittals repealing Air Quality Control Regulations 705 and 706; adopted by the New Mexico Environmental Improvement Board December 8, 1995; and filed with the State Records and Archives Center on December 11, 1995. (E) Revised New Mexico Administrative Code, Title 20, Chapter 2, Part 72, Section 103; adopted by the New Mexico Environmental Improvement Board on June, 18, 1996, and filed with the State Records and Archives Center on June 19, 1996. (ii) Additional material. None. [37 FR 10881, May 31, 1972. Redesignated and amended at 63 FR 37495, July 13, 1998] Editorial Note: For Federal Register citations affecting §52.1640, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart HH—New York top § 52.1670 Identification of plans. top (a) Title of plans: (1) “Implementation Plan to Achieve Air Quality Standards—Upstate New York.” (2) “Implementation Plan to Achieve Air Quality Standards—Metropolitan New York City Air Quality Control Region.” (b) The plans were officially submitted on January 31, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Parts 175, 176, 177, 185, 197, and 203 of New York's Code, Rules and Regulation submitted February 9, 1972, by the Division of Air Resources, New York State Department of Environmental Conservation. (2) Part 200 of the New York State Code and Article 9 of the New York City Code submitted on February 11, 1972, by the Division of Air Resources, New York State Department of Environmental Conservation. (3) Part 192 of the New York State Air Pollution Control Code submitted on February 14, 1972, by the Division of Air Resources, New York State Department of Environmental Conservation. (4) Miscellaneous non-regulatory additions to the plan submitted on March 10, 1972, by the Division of Air Resources, New York State Department of Environmental Conservation. (5) Miscellaneous non-regulatory additions to the plan for New York City submitted on May 19, 1972, by the Governor. (6) Revisions recodifying regulations 200, 201, 202, 207, 212, 215, 219, 220, 222, 226, and 230 of New York's Code, Rules and Regulations submitted on May 24, 1972, by the Division of Air Resources, New York State Department of Environmental Conservation. (7) Revisions to Parts 204, 205, 214, 217, 223, 225, 227 and 230 of New York's Code, Rules and Regulations submitted on July 20, 1972, by the Governor. (8) Miscellaneous non-regulatory revisions to the plan submitted on August 3, 1972, by the Division of Air Resources, New York State Department of Environmental Conservation. (9) Revision to Part 226 of New York's Code, Rules and Regulations submitted on February 6, 1973, by the New York State Department of Environmental Conservation. (10) Revised air quality data for 1971 and 1972 for the Hudson Valley AQCR submitted on March 7, 1973, by the New York State Department of Environmental Conservation. (11) Revision to the photochemical oxidant and carbon monoxide control strategy for New Jersey-New York-Connecticut AQCR submitted on April 17, 1973, by the Governor. (12) Miscellaneous non-regulatory revisions to the plan submitted on April 19, 1973, by the Division of Air Resources, New York State Department of Environmental Conservation. (13) Revision to the photochemical oxidant control strategy for the Genesee-Fingerlakes AQCR submitted on April 30, 1973, by the Governor. (14) Non-regulatory revision to the plan submitted on May 2, 1973, by the Division of Air Resources, New York State Department of Environmental Conservation. (15) Requests for 2-year extension and 18-month extension for attainment of the photochemical oxidant and carbon monoxide standards in the New Jersey-New York-Connecticut AQCR submitted on May 16, 1973, by the Governor. (16) Miscellaneous non-regulatory revisions to the plan submitted on May 21, 1973, by the Division of Air Resources, New York State Department of Environmental Conservation. (17) Miscellaneous non-regulatory revisions to the plan submitted on June 11, 1973, by the New York State Department of Environmental Conservation. (18) Revisions to Parts 200 and 201 of New York's Codes, Rules and Regulations submitted on August 15, 1973, by the New York State Department of Environmental Conservation. (19) Revision to sulfur oxides control strategy for New Jersey-New York-Connecticut AQCR submitted on October 26, 1973, by the New York State Department of Environmental Conservation. (20) Revision to sulfur oxides control strategy for New Jersey-New York-Connecticut AQCR submitted on November 27, 1973, by the Governor. (21) Revision to Part 205 of New York's Code, Rules and Regulations submitted on February 17, 1974, by the New York State Department of Environmental Protection. (22) Revisions to Transportation Control Plan for the Genesee-Fingerlakes AQCR submitted on April 8, 1974, by the New York State Department of Environmental Conservation. (23) AQMA designations were submitted on April 29, 1974, by the New York State Department of Environmental Conservation. (24) Revised Part 225 (Fuel Composition and Use) was submitted on August 29, 1974, by the Commissioner of the New York State Department of Environmental Conservation. (25) Additional information on Part 225 revision was submitted on October 11, 1974, by the New York State Department of Environmental Conservation. (26) Additional information on Part 225 revision was submitted on December 6, 1974, by the New York State Department of Environmental Conservation. (27) Part 203 (Indirect Sources of Air Contamination) was submitted on January 27, 1975, by the New York State Department of Environmental Conservation. (28) Additional information on Part 225 revision was submitted on February 25, 1975, by the New York State Department of Environmental Conservation. (29) Additional information on Part 203 was submitted on May 8, 1975, by the New York State Department of Environmental Conservation. (30) Revisions submitted on March 16, 1976 by the New York State Department of Environmental Conservation based on special limitations issued pursuant to §225.2(c) covering three power plants. (31) Additional information on special limitations issued pursuant to §225.2(c) submitted on March 22, 1976, by the New York State Department of Environmental Conservation. (32) Revision to Part 225 submitted on September 20, 1976 and November 5, 1976 by the New York State Department of Environmental Conservation which accomplishes the following: (i) Upon demonstration by a source owner that the use of the higher sulfur coal will not contribute to the contravention of ambient air quality standards, coal burning sources of greater than 100 million Btu per hour heat capacity may be approved for a special limitation under §225.2. The previous heat capacity cutoff for requiring a source-generated demonstration was 250 million Btu per hour. (ii) The formula contained in §225.5(a), which determines sulfur dioxide emissions from the burning of fuel mixtures, is modified to include gaseous fuels. Process gases are also included in the formula by the deletion of §225.5(a)(2), which precluded such inclusion. (iii) Fuel suppliers are required to furnish fuel sale records upon request of the State through revision to §225.7. (iv) The word “rated” is deleted from §§225.1(a)(1), 225.2 and 225.6 wherever the phrase “rated total heat input” previously appeared. (33) Revision submitted on March 17, 1977, by the New York State Department of Environmental Conservation which grants a “special limitation” under Part 225. The “special limitation” relaxes until May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by weight, for the Long Island Lighting Co.'s Northport Generating Facility (Units 1, 2, and 3) and Port Jefferson Generating Facility (Units 3 and 4). (34) Revision submitted on March 3, 1977, April 5, 1977, and June 16, 1977, by the New York State Department of Environmental Conservation which grants “special limitations” under Part 225. These “special limitations” relax, until December 31, 1979, the sulfur-in-fuel-oil limitation to 2.8 percent, by weight, for air pollution sources which do not have a total heat input in excess of 250 million Btu per hour in parts of the Southern Tier East, Central New York and Champlain Valley AQCRs. (35) Revision submitted on February 14, 1977, by the New York State Department of Environmental Conservation consisting of Section 19.0305(2)(a) of New York State's Environmental Conservation Law (ECL), as amended by Chapter 760, McKinney's 1975 Session Laws of New York, and an opinion, dated January 27, 1977, by the Honorable Louis J. Lefkowitz, Attorney General of the State of New York, interpreting the amended ECL Section 19–0305(2)(a) and Part 200.2 of Title 6 of the New York State Official Compilation of Codes, Rules, and Regulations (6 NYCRR 200.2). This revision provides for adequate State legal authority to ensure for public availability of air pollutant emission data as required under 40 CFR 51.10(e) and §51.11(a)(6). (36) Revision to the New York City Metropolitan Area Transportation Control Plan eliminating tolls on bridges entirely within the City (Strategy B–7) is made upon application submitted by the Governor on October 19, 1977, pursuant to section 110(c)(5) of the Clean Air Act, as amended. (37) Revision submitted on August 24, 1977, by the New York State Department of Environmental Conservation which grants a “special limitation” under Part 225. This “special limitation” relaxes, until May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by weight, for Units 1 through 5 of the Niagara Mohawk Power Corp.'s Oswego facility in Oswego, N.Y. (38) Revision submitted on September 22, 1977, by the New York State Department of Environmental Conservation which grants a “special limitation” under Part 225. This “special limitation” relaxes, until October 31, 1980, the sulfur-in-coal limitation to 2.8 pounds of sulfur per million Btu, gross heat content, at the Rochester Gas and Electric Corp.'s Beebee generating station, Unit 12, in Rochester, N.Y. (39) Revision submitted on May 6, 1977, and August 1, 1977, by the New York State Department of Environmental Conservation which grants a “special limitation” under part 225. Only the part of this “special limitation” which relaxes, until July 31, 1980, the sulfur-in-fuel-oil limitation to 1 percent sulfur, by weight, at the village of Freeport plant No. 2 generating facility, units 1 and 2, located in Nassau County, N.Y., is approved. (40) A document entitled, “New York State Air Quality Implementation Plan—Syracuse Area,” submitted on March 19, 1979, by the New York State Department of Environmental Conservation. (41) A document entitled, “New York State Air Quality Implementation Plan—Southern Tier (Binghamton, Elmira-Corning, Jamestown),” submitted on April 5, 1979, by the New York State Department of Environmental Conservation, only insofar as it deals with attainment of the national ambient air quality standards for particulate matter. (42) A document entitled, “New York State Air Quality Implementation Plan—Rochester Area,” submitted on April 5, 1979, by the New York State Department of Environmental Conservation. (43) A document entitled, “New York State Air Quality Implementation Plan—Capital District and Town of Catskill,” submitted on March 19, 1979, by the New York State Department of Environmental Conservation. (44) Supplementary submittals of SIP revision information from the New York State Department of Environmental Conservation, insofar as they deal with all provisions except those for attainment of particulate matter standards in the Niagara Frontier Air Quality Control Region, dated: (i) May 23, 1979, dealing with new source review and growth tracking provisions, adoption of proposed regulations, schedule for hydrocarbon emissions inventory improvements, identification of resources necessary to carry out the SIP, schedule for development of a public participation program, schedule for development of transportation planning process improvements, the need for an 18-month extension for the City of Syracuse and Village of Solvay, demonstration of control strategy adequacy for the area addressed by the Capital District and Town of Catskill plan revision document, compliance schedules for two facilities in the Hudson Valley Air Quality Control Region, and development of a local government consultation program in Jamestown, New York. (ii) May 31, 1979, dealing with adoption of proposed regulations, hydrocarbon emission inventory improvements, schedule for development of transportation planning process improvements, and compliance schedules for two facilities in the Hudson Valley Air Quality Control Region. (iii) June 12, 1979, providing a final draft of the proposed regulations, information on the compliance schedule for a facility in the Hudson Valley Air Quality Control Region, and general information on development of compliance schedules. The proposed regulations to be incorporated in Title 6 of the New York Code of Rules and Regulations are as follows: (A) Part 200, General Provisions (revision); (B) Part 211, General Prohibitions (revision); (C) Part 212, Process and Exhaust and/or Ventilation Systems (revision); (D) Part 223, Petroleum Refineries (revision); (E) Part 226, Solvent Metal Cleaning Processes (new); (F) Part 228, Surface Coating Processes (new); (G) Part 229, Gasoline Storage and Transfer (new); and (H) Part 231, Major Facilities. (iv) June 18, 1979, dealing with new source review provisions, general information on development of compliance schedules, and adoption of proposed regulations. (v) August 10, 1979, providing a comprehensive set of adopted regulations. (vi) September 26, 1979, providing additional information regarding the EPA notice of proposed rulemaking (44 FR 44556, July 30, 1979) which deals with the adoption of regulations for control of volatile organic compound sources for source categories addressed by Control Technology Guideline documents issued subsequent to December 1977, regulatory revisions to 6 NYCRR Parts 211 and 229, the transportation planning process, emissions inventory improvements, new source review procedures, public participation and local government consultation programs, and adoption of regulations. (vii) October 1, 1979, dealing with new source review procedures. (viii) November 13, 1979, providing a “declaratory ruling” regarding interpretation of the provisions of 6 NYCRR Part 231 in implementing the new source review program. (ix) November 14, 1979, providing supplemental documentation on the administrative process of revising regulations. (x) February 20, 1980, dealing with public hearings to revise Parts 229 and 231 of 6 NYCRR consistent with corrective action indicated by EPA. (45) Revision submitted on October 24, 1979, by the New York State Department of Environmental Conservation which grants a “special limitation” under Part 225. This “special limitation” relaxes, until (three years from the date of publication), the sulfur in fuel oil limitation to 1.0 percent, by weight, for the Long Island Lighting Company's Glenwood Generating Station (Units 4 and 5), and 1.54 percent, by weight, for its E. F. Barrett Generating Station (Units 1 and 2). (46) Five documents entitled: (i) Volume I—New York State Air Quality Implementation Plan for Control of Carbon Monoxide and Hydrocarbons in the New York City Metropolitan Area; (ii) Volume II—Detailed Descriptions of Reasonably Available Control Measures; (iii) Volume III—Air Quality and Emission Inventory; (iv) Volume IV—Public Participation; (v) Total Suspended Particulates Secondary Standard: New York City Extension Request; submitted on May 24, 1979, by the New York State Department of Environmental Conservation. (47) A document entitled, “New York State Air Quality Implementation Plan—Statewide Summary and Program,” submitted on September 10, 1979, by the New York State Department of Environmental Conservation. (48) Supplementary submittals of information from the New York State Department of Environmental Conservation regarding the New Jersey-New York-Connecticut Air Quality Control Region SIP revisions, dated: (i) June 26, 1979, dealing with control of storage tanks at gasoline stations in Nassau, Rockland, Suffolk, and Westchester Counties. (ii) July 30, 1979, dealing with new source review provisions for major sources of volatile organic compounds. (iii) August 20, 1979, providing a commitment to meet “annual reporting requirements.” (iv) January 11, 1980, dealing with changes to the State's schedule for implementing a light duty vehicle inspection and maintenance program. (v) March 12, 1980, providing a memorandum of understanding among the New York State Department of Environmental Conservation, New York State Department of Transportation, and the Tri-State Regional Planning Commission. (49) Supplementary submittals of information from the Governor's Office regarding the New Jersey-New York-Connecticut Air Quality Control Region SIP revision, dated: (i) August 6, 1979, dealing with the status of efforts to develop necessary legislation for implementing a light duty vehicle inspection and maintenance program. (ii) November 5, 1979, providing the State's legal authority and a schedule for implementing a light duty vehicle inspection and maintenance program. (iii) February 6, 1980, committing to providing additional information on systematic studies of transportation measures, committing to clarification of SIP commitments, and providing additional information on the State's light duty vehicle inspection and maintenance program. (50) Supplementary information, submitted by the New York State Department of Transportation on October 17, 1979, providing clarification to “reasonably available control measures” commitments contained in the New Jersey-New York-Connecticut Air Quality Control Region SIP revision. (51) Revision submitted on January 29, 1980, by the New York State Department of Environmental Conservation which grants a “special limitation” under 6 NYCRR Part 225. This “special limitation” relaxes, until [three years from the date of publication], the sulfur-in-fuel-oil limitation to 0.60 percent, by weight, for Orange and Rockland Utilities', Inc. Bowline Point Generating Station, units 1 and 2, Haverstraw, New York. (52) Revisions to Parts 229 and 231 of Title 6, New York Code of Rules and Regulations, submitted on May 1, 1980, by the New York State Department of Environmental Conservation. (53) Revision submitted on November 29, 1980, by the New York State Department of Environmental Conservation which grants a “special limitation” under 6 NYCRR Part 225. This “special limitation” relaxes, until one year from [the date of publication], the sulfur-in-fuel-oil limitation to 1.5 percent, by weight, for the Consolidated Edison Company of New York, Inc. Arthur Kill generating facility, units 2 and 3, Staten Island, New York and Ravenswood generating facility, unit 3, Queens, New York. (54) A document entitled, “New York State Air Quality Implementation Plan—Niagara Frontier, Erie and Niagara Counties,” submitted on May 31, 1979, by the New York State Department of Environmental Conservation. The administrative orders for Bethlehem Steel Corporation, referenced by this document, are not being incorporated as part of the plan. (55) A supplemental submittal, dated May 21, 1980, from the New York State Department of Environmental Conservation which includes three listings of permanent projects, demonstration projects and transportation related studies committed to in the non-public transit portion of the plan for the New York City metropolitan area. (56) Revision submitted on October 31, 1979, and supplemented on April 28, 1980, and May 20, 1980, by the New York State Department of Environmental Conservation which grants a “special limitation” under 6 NYCRR Part 225. This “special limitation” relaxes to 2.8 percent, by weight, until December 31, 1982, the sulfur-in-fuel-oil limitation applicable to fuel burning sources which have a capacity less than 250 million BTU per hour and which are located in: (i) The Southern Tier East Air Quality Control Region (AQCR), with the exception of all sources in Broome County; (ii) The Central New York AQCR, with the exception of the Oswego Facilities Trust Company in Oswego County and all sources in Onondaga County; (iii) The Champlain Valley (Northern) AQCR, with the exception of all sources in the City of Glens Falls and sources in the Town of Queensbury which have a total heat input greater than 100 million BTU per hour. (57) A supplemental submittal, dated July 2, 1980, from the New York State Department of Environmental Conservation which included criteria and procedures for making assessments of the consistency and conformity of the outputs of the transportation planning process with the SIP. (58) Revision submitted on September 17, 1980, by the New York State Department of Environmental Conservation which grants a “special limitation” under 6 NYCRR Part 225. This “special limitation” relaxes to 2.8 percent, by weight, until three years from March 19, 1981, the sulfur-in-fuel oil limitation applicable to unit 5 of Niagara Mohawk Power Corporation's Oswego generating facility, located in Oswego County. (59) Supplemental information to “New York State Air Quality Implementation Plan—Statewide Summary and Program,” June 1979, submitted on December 18, 1980, by the New York State Department of Environmental Conservation dealing with provisions which commit the State to meet the subpart C requirements of 40 CFR part 58 pertaining to State and Local Air Monitoring Stations (SLAMS) including the air quality assurance requirements of Appendix A, the monitoring methodologies of Appendix C, the network design criteria of Appendix D and the probe siting criteria of Appendix E. (60) A supplemental submittal, dated July 28, 1980, from the New York State Department of Environmental Conservation which includes: —Key milestones associated with projects relating to transportation control measures which are part of the SIP; —An improved program of study for the broader application of certain transportation control measures, and supplemental information on existing studies; —Additional documentation necessary to determine the reasonableness of the measure, “Controls on Extended Vehicle Idling;” —Criteria and procedures for making changes to transportation projects contained in the SIP; —Criteria and procedures for making changes to transportation studies contained in the SIP; and —The identification of the resources necessary to carry out the transportation planning process and certain transportation elements of the SIP. (61) A supplemental submittal entitled “New York State Air Quality Implementation Plan, the Moynihan/Holtzman Amendment Submission: Transit Improvements in the New York City Metropolitan Area, May 1979,” submitted on May 24, 1979, by the New York State Department of Environmental Conservation. (62) [Reserved] (63) Revision submitted on April 29, 1980, by the New York State Department of Environmental Conservation which grants a “special limitation” establishing, until three years from September 24, 1981, a sulfur-in-fuel-oil limitation of 2.8 percent, by weight, for the Long Island Lighting Company's Northport generating facility, units 1, 2 and 3 and the Port Jefferson generating facility, units 3 and 4. (64) Revision submitted on August 7, 1981, by the New York State Department of Environmental Conservation which grants a “special limitation” to relax to 1.5 percent, by weight, for up to two years from February 22, 1982, the sulfur-in-fuel-oil limitation applicable to units 2 and 3 of Consolidated Edison of New York State, Inc.'s Arthur Kill generating facility and to unit 3 of its Ravenswood generating facility, all located in New York City. (65) Revision submitted on January 8, 1982, by the New York State Department of Environmental Conservation which grants a “special limitation” to relax to 2.8 percent, by weight, for up to three years from March 5, 1982, the sulfur-in-fuel-oil limitation applicable to the General Electric Company's Rotterdam Steam Generating Facility located in Schenectady, New York. (66) Revision submitted on July 9, 1982, by the New York State Department of Environmental Conservation which grants a “special limitation” allowing the New York State Office of Mental Health's Kings Park Psychiatric Facility to burn coal with a maximum sulfur content of 2.2 pounds of sulfur per million Btu gross heat content, for up to three years from August 11, 1982. (67) A March 23, 1981, letter from the New York State Department of Environmental Conservation including an interim policy memorandum detailing procedures to be used by the State to determine compliance with the State's emission standard for coke oven gas. (68) Regulatory information submitted by New York State Department of Environmental Conservation for controlling volatile organic compounds, dated: (i) July 2, 1981, providing a comprehensive set of adopted regulations. (ii) August 19, 1981, Consent Order, 81–36, 9–04.20, with Dunlop Tire and Rubber Corporation for control of volatile organic compounds. (A) Amendment of Consent Order dated January 29, 1982. (B) Amendment of Consent Order dated March 3, 1982. (iii) July 25, 1983, providing final regulations to be incorporated into Title 6 of the New York Code of Rules and Regulations. (iv) November 13, 1981, letter from Harry Hovey, Director of Air Division, New York State Department of Environmental Conservation concerning applicability of regulations in redesignated AQCR's. (v) April 27, 1983, letter from Harry Hovey, Director of Air Division, New York State Department of Environmental Conservation concerning maximum operating heat input. (69) State Implementation Plan revision dated February 15, 1984, from the Department of Environmental Conservation consisting of changes to New York State Department of Motor Vehicles monitoring and enforcement procedures for motor vehicle emission inspection stations. (70) A State Implementation Plan for attainment of the lead (Pb) standards was submitted on September 21, 1983. Additional information was submitted in a letter dated February 16, 1984. These submittals included the following: (i) Revision to Part 225 of Title 6, Official Compilation of Codes, Rules and Regulations of the State of New York. (ii) Revision to Part 231 of Title 6, Official Compilation of Rules and Regulations of the State of New York. (iii) Air Guide-14, “Process Sources Which Emit Lead or Lead Compounds.” (iv) Air Guide-17, “Trade and Use of Waste Fuel for Energy Recovery Purposes.” (71) Revision submitted on August 21, 1984, by the New York State Department of Environmental Conservation which grants a “special limitation” establishing, until September 24, 1986, from December 20, 1984, a maximum sulfur-in-fuel-oil limitation of 2.8 percent, by weight, and from September 25, 1986 until December 31, 1987, a sulfur-in-fuel-oil limitation of 2.0 percent, by weight, for the Long Island Lighting Company's Northport generating facility, units 1, 2 and 3, and the Port Jefferson generating facility, units 3 and 4. (72) Revisions to the New York State Implementation Plan for attainment and maintenance of the ozone and carbon monoxide standards in the New York City metropolitan area submitted on July 1, 1982, August 3, 1982, July 25, 1983, February 7, 15, 17, 1984, and October 1, 17, 1984, November 30, 1984, January 4, and 30, 1985, and March 6, 1985, by the Governor of New York State and by the New York State Department of Environmental Conservation. (73) Revision to the New York State Implementation Plan submitted by the New York State Department of Environmental Conservation on June 7 and October 14, 1982, to allow Orange and Rockland Utilities, Inc. to reconvert its Lovett Generating Station in Stony Point from oil to coal. This action grants the utility a “special limitation” under Part 225 to relax the existing emission limit for coal burning from 0.4 pounds of sulfur dioxide per million British thermal units (1b/MMBtu) to 1.0 lb/MMBtu for units 4 and 5 if both are operated on coal, or to 1.5 lb/MMBtu for one unit if the other is operated on fuel oil, natural gas, or is not operated. A letter dated September 5, 1984, from Orange and Rockland Utilities, Inc., committing to meet the terms and conditions of EPA's August 30, 1984, letter. (74) Regulatory information submitted by New York State Department of Environmental Conservation for controlling various pollutants and establishing continuous emission monitoring requirements for sulfuric and nitric acid plants, dated December 27, 1984, providing adopted revisions to regulations Parts 201, 212, 223 and 224. (75) A revision to the New York State Implementation Plan for attainment and maintenance of the ozone standards was submitted on January 2, 1986, by the New York State Department of Environmental Conservation. (i) Incorporation by reference. (A) Part 217, “Emissions from Motor Vehicles Propelled by Gasoline Engines,” effective January 29, 1986. (76) [Reserved] (77) Revisions to the State Implementation Plan submitted by New York State Department of Environmental Conservation for controlling volatile organic compounds. (i) Incorporation by reference. Adopted regulations Parts 200, 229, and 230, submitted on March 15, 1985. (ii) Additional material. (A) Letters dated December 31, 1984, and March 15, 1985, concerning SIP commitments for “Reevaluation of RACT,” and “Controls at Major Facilities,” respectively. (B) Letters dated November 2, 1984, and April 3, 1987, concerning the manufacture of high-density polyethylene, polypropylene, and polystrene resins. (78) A revision to the New York State Implementation Plan was submitted on November 6, 1987, and February 17, 1988, by the New York State Department of Environmental Conservation. (i) Incorporation by reference. (A) Operating Permit number A551800097900017 for Polychrome Corporation effective January 29, 1988, submitted by the New York State Department of Environmental Conservation. (ii) Additional material. (79) Revisions to the New York State Implementation Plan (SIP) for ozone submitted on January 31, 1989, and March 13, 1989, by the New York State Department of Environmental Conservation (NYSDEC) for its state gasoline volatility control program, including any waivers under the program that New York may grant. In 1989, the control period will begin on June 30. (i) Incorporation by reference. Subpart 225–3 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York entitled “Fuel Composition and Use—Volatile Motor Fuels,” adopted on December 5, 1988, and effective on January 4, 1989. (ii) Additional material. April 27, 1989, letter from Thomas Jorling, NYSDEC, to William Muszynski, EPA Region II. (80) Revisions to the New York State Implementation Plan (SIP) for ozone submitted on July 9, 1987, and April 8, 1988, by the New York State Department of Environmental Conservation (NYSDEC). (i) Incorporation by reference. Amendments to part 230, title 6 of the New York Code of Rules and Regulations entitled “Gasoline Dispensing Sites and Transport Vehicles,” adopted on March 2, 1988. (ii) Additional material. (A) Explanation of Stage II Applicability Cut-offs, prepared by the NYSDEC, dated June 20, 1986. (B) NYSDEC testing procedures for Stage II Vapor Recovery Systems. (81) [Reserved] (82) Revisions to the New York State Implementation Plan (SIP) for total suspended particulates in the Niagara Frontier area, dated January 5, 1987, submitted by the New York State Department of Environmental Conservation (NYSDEC). (i) Incorporation by reference. (A) Part 214 of title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York, entitled “Byproduct Coke Oven Batteries,” adopted on April 23, 1984, and effective May 23, 1984. (B) Part 216 of title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York, entitled “Iron And/Or Steel Processes,” adopted on April 23, 1984, and effective on May 23, 1984. (C) Consent Order No. 84–135, dated October 29, 1984, between NYSDEC and the Bethlehem Steel Corporation. (D) Consent Order No. 84–131, dated October 18, 1984, between NYSDEC and the Bethlehem Steel Corporation. (E) May 24, 1985, letter from Peter J. Burke, NYSDEC, to W.T. Birmingham, Bethlehem Steel Corporation, revising Consent Order No. 84–131. (F) Test procedures for particulate matter source emissions testing at Bethenergy's Lackawanna Coke Oven Batteries 7, 8, and 9, prepared by SENES Consultants Limited, dated January 14, 1988. (ii) Additional material. (A) January 5, 1987, letter from Harry H. Hovey, Jr., NYSDEC, to Raymond Werner, EPA, providing an attainment and maintenance demonstration for TSP in the South Buffalo-Lackawanna area and requesting its inclusion as part of the TSP SIP for the Niagara Frontier. (B) August 21, 1987, letter from Edward Davis, NYSDEC, to William S. Baker, EPA, responding to July 27, 1987, letter from EPA requesting additional information needed for the review of Niagara Frontier TSP SIP request. (C) June 20, 1988, letter from Edward Davis, NYSDEC, to William S. Baker, EPA, responding to May 19, 1988, letter from EPA requesting additional information on test procedures for Bethenergy's Lackawanna Coke Oven Batteries. (83) A revision submitted on September 18, 1990, with additional materials submitted on April 12, 1991, and June 3, 1991, by the New York State Department of Environmental Conservation that revises the SO2 emission limit for units 4 and 5 of Orange and Rockland Utilities' Lovett Generating Station. (i) Incorporation by reference. Sulfur dioxide emission limits incorporated into the Certificates to Operate units 4 and 5 of the Orange and Rockland Utilities' (ORU) Lovett Generating Station issued April 3, 1991, and the materials which pertain to the SO2 emission limits, monitoring and recordkeeping which are incorporated by reference into the Certificates to Operate for units 4 & 5. This includes the following: (A) The special conditions attached to certificates; (B) April 13, 1982, Decision of the Commissioner; and (C) October 14, 1982, Amended Commissioner's Order. (ii) Additional materials: (A) Lovett Generating Station Model Evaluation Study, May 1989, (B) Lovett Generating Station Emission Limitation Study, May 1989, (C) Review of Orange and Rockland Model Evaluation Study and Emission Limitation Study for Lovett Facility for Units 4 & 5, January 27, 1990, and (D) Lovett Generating Station Air Quality and Meteorological Monitoring Network Quarterly Reports. (84) A revision to the New York State Implementation Plan (SIP) for attainment and maintenance of the ozone standard dated January 8, 1992, submitted by the New York State Department of Environmental Conservation. (i) Incorporation by reference. (A) Amendments to Part 200 of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York, entitled “General Provisions” adopted on December 3, 1991, and effective January 16, 1992. (B) New Part 236 of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York, entitled “Synthetic Organic Chemical Manufacturing Facility Component Leaks” adopted on December 16, 1991, and effective January 16, 1992. (ii) Additional material. (A) January 8, 1992, letter from Thomas Allen, to Conrad Simon, EPA, requesting EPA approval of the amendments to Parts 200 and 236. (85) Revisions to the New York State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds from surface coating and graphic arts sources, dated October 14, 1988, December 5, 1988, and May 2, 1989, submitted by the New York State Department of Environmental Conservation (NYSDEC). (i) Incorporation by reference. (A) Amendments to Title 6 of the New York Code of Rules and Regulations (NYCRR) Part 228 “Surface Coating Processes,” effective September 15, 1988, and Part 234 “Graphic Arts,” effective September 15, 1988 (ii) Additional material. (A) May 2, 1989 letter from Thomas C. Jorling, NYSDEC, to Conrad Simon, EPA, requesting EPA substitute controls in Parts 228 and 234 for controls committed to be included in Part 212, Processes & Exhaust and/or Ventilation Systems. (86) Revision to the state implementation plan for Onondaga County was submitted by the Governor on November 13, 1992. Revisions include a maintenance plan which demonstrates continued attainment of the NAAQS for carbon monoxide through the year 2003. (i) Incorporation by reference. (A) Maintenance Plan—Chapter 8 of New York State Implementation Plan Redesignation Request for Onondaga County as Attainment for Carbon Monoxide, November 1992. (ii) Additional information. (A) New York State Implementation Plan—Redesignation Request for Onondaga County as Attainment for Carbon Monoxide, November 1992. (B) January 12, 1993, letter from Thomas M. Allen, NYSDEC to Conrad Simon, EPA, providing the results of the public hearing on the State's proposal. (C) January 12, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad Simon, EPA, providing documentation of emission inventory submitted on November 13, 1992. (D) June 18, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad Simon, EPA, correcting submitted material. (87) A revision to the New York State Implementation Plan (SIP) for attainment and maintenance of the ozone standard dated October 14, 1988, submitted by the New York State Department of Environmental Conservation. (i) Incorporation by reference: (A) New part 205 of title 6 of the New York Code of Rules and Regulations of the State of New York, entitled “Architectural Surface Coatings,” effective on September 15, 1988. (ii) Additional material. (A) December 5, 1988 letter from Thomas Allen, to Conrad Simon, EPA, requesting EPA approval of the amendments to part 205. (88) Revision to the New York State Implementation Plan (SIP) for ozone, submitting a low emission vehicle program for a portion of the Clean Fuel Fleet program, dated May 15, 1994 and August 9, 1994 submitted by the New York State Department of Environmental Conservation (NYSDEC). (i) Incorporation by reference. Part 218, “Emission Standards for Motor Vehicles and Motor Vehicle Engines,” effective May 28, 1992. (ii) Additional material. (A) May 1994 NYSDEC Clean Fuel Fleet Program description. (89) Revisions to the New York State Implementation Plan (SIP) for carbon monoxide concerning the control of carbon monoxide from mobile sources, dated November 13, 1992 and March 21, 1994 submitted by the New York State Department of Environmental Conservation (NYSDEC). (i) Incorporation by reference. (A) Subpart 225–3 of Title 6 of the New York Code of Rules and Regulations of the State of New York, entitled “Fuel Composition and Use—Gasoline,” effective September 2, 1993 (as limited in section 1679). (ii) Additional material. (A) March 21, 1994, Update to the New York Carbon Monoxide SIP. (90) [Reserved] (91) Revisions to the State Implementation Plan submitted by the New York State Department of Environmental Conservation on February 22, 1996, June 21, 1996 and June 25, 1996. (i) Incorporation by reference. (A) Permits to Construct and/or Certificates to Operate: The following facilities have been issued permits to construct and/or certificates to operate by New York State and such permits and/or certificates are incorporated for the purpose of establishing NOX emission limits consistent with Subpart 227–2: (1) Morton International Inc.'s mid-size gas-fired boiler, emission point 00027, Wyoming County; New York permit approval dated September 1, 1995 and Special Conditions letter dated August 23, 1995. (2) University of Rochester's two oil fired boilers, emission points 00003 and 00005, Monroe County; New York permit approval dated April 25, 1996 and Special Permit Conditions issued March 19, 1996. (3) Algonquin Gas Transmission Company's four gas-fired reciprocating internal combustion engines, emission points R0100, R0200, R0300, and R0400, Rockland County; New York permit and Special Conditions approval dated September 23, 1991; New York Special Conditions documents dated March 18, 1996 for emission points RO100, RO200, and RO300; and March 29, 1996 for emission point RO400; and Permit Correction dated August 8, 1996. (ii) Additional information. Documentation and information to support NOX RACT alternative emission limits in three letters addressed to EPA from New York State Department of Environmental Conservation and dated as follows: (A) February 22, 1996 letter to Regional Administrator Jeanne Fox from Commissioner Michael D. Zagata for a SIP revision for Morton International, Inc. (B) June 21, 1996 letter to Mr. Conrad Simon, Director of the Air and Waste Management Division from Deputy Commissioner David Sterman for a SIP revision for the Algonquin Gas Transmission Company. (C) June 25, 1996 letter to Mr. Conrad Simon, Director of the Air and Waste Management Division from Deputy Commissioner David Sterman for a SIP revision for the University of Rochester. (92) Revisions to the New York State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds from Gasoline Dispensing Sites and Transport Vehicles, dated July 8, 1994, submitted by the New York State Department of Environmental Conservation (NYSDEC). (i) Incorporation by reference: (A) Amendments to Part 230 of title 6 of the New York Code of Rules and Regulations of the State of New York, entitled “Gasoline Dispensing Sites and Transport Vehicles,” effective September 22, 1994. (ii) Additional material: (A) July 8, 1994, letter from Langdon Marsh, NYSDEC, to Jeanne Fox, EPA, requesting EPA approval of the amendments to Part 230. (93) Revisions to the New York State Implementation Plan (SIP) for ozone concerning the control of volatile organic compounds from petroleum and volatile organic compound storage and transfer, surface coating and graphic arts sources, dated March 8, 1993 submitted by the New York State Department of Environmental Conservation (NYSDEC). (i) Incorporation by reference: (A) Amendments to Title 6 of the New York Code of Rules and Regulations (NYCRR) Part 200 “General Provisions,” Part 201 “Permits and Certificates,” Part 228 “Surface Coating Processes,” and Part 229 “Petroleum and Volatile Organic Liquid Storage and Transfer,” Part 233 “Pharmaceutical and Cosmetic Manufacturing Processes,” and Part 234, “Graphic Arts,” effective April 4, 1993. (94) A revision to the State Implementation Plan submitted by the New York State Department of Environmental Conservation on April 9, 1996 and supplemented on October 17, 1996 and February 2, 1998 that allows Niagara Mohawk Power Corporation and Champion International Corporation to trade emissions to meet the requirements of NOX RACT. (i) Incorporation by reference: (A) Permits to Construct and/or Certificates to Operate: The following facilities have been issued permits to construct and/or certificates to operate by New York State and such permits and/or certificates are incorporated for the purpose of establishing an emission trade to be consistent with Subpart 227–2: (1) Niagara Mohawk Power Corporation's system-wide utility boilers; New York special permit conditions and approval letter dated December 14, 1995. (2) Champion International Corporation's two coal-fired boilers, Units 1 and 2, Jefferson County; New York special permit conditions and approval letter dated December 2, 1997. (ii) Additional information: (A) Documentation and information to support the emission trade in three letters addressed to EPA from the New York State Department of Environmental Conservation and dated as follows: (1) April 9, 1996 to Mr. Conrad Simon, Director of Air and Waste Management Division from Deputy Commissioner David Sterman for a SIP revision for Niagara Mohawk Power Corporation and Champion International Corporation. (2) October 17, 1996 letter to Mr. Ted Gardella, EPA from Mr. Patrick Lentlie, supplementing the SIP revision with the special permit condition approval letters. (3) February 2, 1998 letter to Mr. Ronald Borsellino, Chief of the Air Programs Branch from Mr. Patrick Lentlie, supplementing the SIP revision with the amended special permit conditions for Champion International Corporation. (95) A revision to the State Implementation Plan submitted on April 29, 1999 by the New York State Department of Environmental Conservation that establishes the NOX Budget Trading Program. (i) Incorporation by reference: (A) Regulation Subpart 227–3 of Title 6 of the New York Code of Rules and Regulations, entitled “Pre-2003 Nitrogen Oxides Emissions Budget and Allowance Program” adopted on January 12, 1999, and effective on March 5, 1999. (B) Amendments to Title 6 of the New York Code of Rules and Regulations, Part 200, “General Provisions,” Subpart 227–1, “Stationary Combustion Installations,” and Subpart 227–2, “Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOX)” adopted on January 12, 1999, and effective on March 5, 1999. (ii) Additional information: (A) Letter from the New York Department of Environmental Conservation dated April 29, 1999, submitting the NOX Budget Trading Program as a revision to the New York State Implementation Plan for ozone. (B) Guidance for Implementation of Emissions Monitoring Requirements for the NOX Budget Program, dated January 28, 1997. (C) NOX Budget Program Monitoring Certification and Reporting Requirements, dated July 3, 1997. (D) Electronic Data Reporting, Acid Rain/NOX Budget Program, dated July 3, 1997. (96) Revisions to the New York State Implementation Plan (SIP) for carbon monoxide concerning the oxyfuel program, dated August 30, 1999, submitted by the New York State Department of Environmental Conservation (NYSDEC). (97) Revisions to the State Implementation Plan submitted on January 20, 1994 and April 29, 1999 by the New York State Department of Environmental Conservation that establishes NOX RACT requirements Statewide for combustion sources. (i) Incorporation by reference: (A) Regulation Subpart 227–2 of Title 6 of the New York Code of Rules and Regulations, entitled “Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOX)” adopted on January 19, 1994, and effective on February 18, 1994. (B) Amendments to Subpart 227–2 adopted on January 12, 1999 and effective on March 5, 1999. (ii) Additional information (A) Letters from the New York State Department of Environmental Department Conservation dated January 20, 1994 and April 29, 1999, submitting the NOX RACT Regulation and amendments as revisions to the New York State Implementation Plan for ozone. (B) Letter from the New York State Department of Environmental Department Conservation dated April 27, 1999 submitting an analysis of mass NOX emissions from generic sources throughout the State as well as resolution of other approvability issues. (98) [Reserved] (99) Revisions to the New York State Implementation Plan (SIP) for the Motor Vehicle Inspection and Maintenance Program, submitted on March 6, 1996, May 24, 1999, October 7, 1999, October 29, 1999, and May 22, 2000 by the New York State Department of Environmental Conservation. (i) Incorporation by reference. Revision to 6NYCRR Part 217, Motor Vehicle Emissions, Subparts 217–1, 217–2, and 217–4, that became effective on May 22, 1997 and revisions to 15NYCRR Part 79, Motor Vehicle Inspection, Sections 79.1–79.15, 79.17, 79.20, 79.21, 79.24–79.26, that became effective on June 4, 1997. (ii) Additional material: (A) March 6, 1996, submittal of revisions to the enhanced motor vehicle inspection and maintenance program. (B) May 24, 1999, submittal of the demonstration of the effectiveness of New York's decentralized inspection and maintenance program network. (C) October 7, 1999, supplemental submittal of the demonstration of the effectiveness of New York's decentralized inspection and maintenance program network. (D) October 29, 1999, letter clarifying October 7, 1999, supplemental submittal. (E) May 22, 2000, Instrumentation/Protocol Assessment Pilot Study analysis of the NYTEST. (100) Revisions to the State Implementation Plan submitted on April 3, 2000, April 18, 2000 and as supplemented on May 16, 2000 by the New York State Department of Environmental Conservation that establishes the NOX Budget Trading Program, a 2007 Statewide NOX emissions budget, and a commitment by New York to comply with the §51.122 reporting requirements. (i) Incorporation by reference: (A) Regulation Part 204 of Title 6 of the New York Code of Rules and Regulations, entitled “NOX Budget Trading Program,” adopted on January 18, 2000 and effective on February 25, 2000. (B) Amendments to Title 6 of the New York Code of Rules and Regulations, Part 200, “General Provisions,” Subpart 227–1, “Stationary Combustion Installations,” and Subpart 227–2, “Reasonably Available Control Technology (RACT) for Oxides of Nitrogen ( NOX)” adopted on January 18, 2000 and effective on February 25, 2000. (ii) Additional material: (A) Letter from New York State Department of Environmental Conservation dated April 3, 2000, requesting EPA approval of the NOX Budget Trading Program as a revision to the New York State Implementation Plan for ozone. (B) Letter from New York State Department of Environmental Conservation dated April 18, 2000, requesting EPA approval of the Oxides of Nitrogen ( NOX) SIP, entitled “New York State Implementation Plan For Ozone; Meeting The Statewide Oxides of Nitrogen ( NOX) Budget Requirements Contained In The NOX SIP Call (63 FR 57356, October 27, 1998),” as a revision to the New York State Implementation Plan for ozone. (C) Letter from New York State Department of Environmental Conservation dated May 16, 2000, transmitting supplemental information to the Oxides of Nitrogen ( NOX) SIP submitted on April 18, 2000. (101) Revisions to the State Implementation Plan submitted on July 8, 1994 by the New York State Department of Environmental Conservation that establishes VOC and NOX Reasonably Available Control Technology requirements statewide for general process emission sources. (i) Incorporation by reference: (A) Regulation Part 212 of Title 6 of the New York Code of Rules and Regulations, entitled “General Process Emission Sources” filed on August 23, 1994 and effective on September 22, 1994. (ii) Additional information. (A) Letter from the New York State Department of Environmental Conservation dated July 8, 1994, submitting the Part 212 Regulation and amendments as revisions to the New York State Implementation Plan for ozone. (B) Letter from the New York State Department of Environmental Department Conservation dated August 31, 2001 submitting an analysis of mass NOX emissions from generic sources throughout the State. (C) Letter from the New York State Department of Environmental Conservation dated July 11, 2001 affirming that there are no sources regulated by Parts 214, “Byproduct Coke Oven Batteries,” 216, “Iron and/or Steel Processes,” and 220, “Portland Cement Plants” in, or considered in the attainment demonstration for, the New York portion of the New York-Northern New Jersey-Long Island severe 1-hour ozone nonattainment area. (102) Revisions to the State Implementation Plan submitted by the New York State Department of Environmental Conservation on November 20, 1996 as supplemented on February 24, 1997. (i) Incorporation by reference: (A) Permits to Construct/Certificates to Operate: The following facilities have been issued permits to construct/certificates to operate and/or special permit conditions by New York State and such permits and/or certificates are incorporated for the purpose of establishing NOX emission limits consistent with Subpart 227–2: (1) Tenneco Gas Corporation's (also known as Tenneco Gas Pipeline Company and Tennessee Gas Pipeline Company) eighteen gas-fired reciprocating internal combustion engines, Erie, Columbia, and Herkimer Counties; Compressor Station #229 at Eden, NY: permits to construct and certificates to operate dated August 22, 1995 for emission points 0001A through 0006A; Compressor Station #254 at Chatham, NY: permits to construct and certificates to operate dated October 4, 1995 with attached Special Conditions dated September 15, 1995 for emission points 00001 through 00006; Compressor Station #245 at West Winfield, NY: Special (Permit) Conditions attached to New York State's letter dated February 24, 1997 for emission points 00001 through 00006. (2) [Reserved] (ii) Additional information—Documentation and information to support NOX RACT alternative emission limits in two letters addressed to EPA from New York State Department of Environmental Conservation and dated as follows: (1) November 20, 1996 letter to Ms. Kathleen C. Callahan, Director of the Division of Environmental Planning and Protection from Deputy Commissioner David Sterman providing a SIP revision for Tenneco Gas Pipeline Company. (2) February 24, 1997 letter to Ronald Borsellino, Chief of the Air Programs Branch from Donald H. Spencer, P.E., providing supplemental information for Tenneco Gas Pipeline Company's Compressor Station #245. (103) Revisions to the State Implementation Plan submitted on December 30, 2002, January 17, 2003, April 30, 2003, September 17, 2003, and October 27, 2003, by the New York State Department of Environmental Conservation, which consists of control strategies that will achieve volatile organic compound emission reductions that will help achieve attainment of the national ambient air quality standard for ozone. (i) Incorporation by reference: (A) Regulations Part 226, “Solvent Metal Cleaning Processes” of Title 6 of the New York Code of Rules and Regulations (NYCRR), filed on April 7, 2003, and effective on May 7, 2003, Part 228, “Surface Coating Processes” of Title 6 NYCRR, filed on June 23, 2003, and effective on July 23, 2003, Part 235, “Consumer Products” of Title 6 NYCRR, filed on October 10, 2002, and effective on November 9, 2002, and Part 239, “Portable Fuel Container Spillage Control” of Title 6 NYCRR, filed on October 4, 2002, and effective on November 4, 2002. (104) Revisions to the State Implementation Plan submitted by the New York State Department of Environmental Conservation on April 12, 2000, and supplemented on May 12, 2000, May 16, 2000, October 10, 2002, and February 24, 2003. (i) Incorporation by reference: Special Permit Conditions: Special permit conditions issued by New York State on December 16, 1997, to General Chemical Corporation's sodium nitrite manufacturing plant, Solvay, Onondaga County, are incorporated for the purpose of establishing NOX emission limits consistent with part 212. (ii) Additional information—Documentation and information to support NOX RACT facility-specific emission limits in SIP revision addressed to Regional Administrator Jeanne M. Fox from New York Deputy Commissioner Carl Johnson: (A) April 12, 2000, SIP revision, (B) May 12, 2000, May 16, 2000, October 10, 2002, and February 24, 2003, supplemental information to the SIP revision, (C) May 7, 2004, commitment letter from New York. (105) Revisions to the State Implementation Plan submitted on November 4, 2003 and supplemented on November 21, 2003, by the New York State Department of Environmental Conservation, which consists of a control strategy that will achieve volatile organic compound emission reductions that will help achieve attainment of the national ambient air quality standard for ozone. (i) Incorporation by reference: (A) Regulation Part 205, “Architectural and Industrial Maintenance Coatings.” of title 6 of the New York Code of Rules and Regulations, filed on October 23, 2003, and effective on November 22, 2003. (106) Revisions to the State Implementation Plan submitted on February 18, 2004, by the New York State Department of Environmental Conservation which consists of control measures that will achieve reductions in NOX emissions from stationary combustion sources that will help achieve attainment of the national ambient air quality standard for ozone. (i) Incorporation by reference: (A) Regulation subpart 227–2 “Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOX)” of part 227 “Stationary Combustion Installations” of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6NYCRR), filed on January 12, 2004, and effective on February 11, 2004. (107) Revisions to the State Implementation Plan submitted on December 9, 2002, by the New York State Department of Environmental Conservation which consists of the adoption of California's second generation Low Emissions Vehicle (LEV) program. (i) Incorporation by reference. (A) Regulation part 218 “Emissions Standards for Motor Vehicles and Motor Vehicle Engines” of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6NYCRR), part 218, subparts 218–1, 218–2, 218–3, 218–5, 218–6, 218–7 and 218–8 filed on November 28, 2000 and effective on December 28, 2000. (108) Revisions to the State Implementation Plan submitted on June 22, 2004, by the New York State Department of Environmental Conservation, which consists of a revision to the carbon monoxide maintenance plan for Onondaga County. (i) Incorporation by reference: (A) Regulation Part 225–3, “Fuel Composition and Use—Gasoline.” of Title 6 of the New York Code of Rules and Regulations, filed on October 5, 2001, and effective on November 4, 2001. (109) Revisions to the State Implementation Plan submitted on June 16, 1996 and May 27, 2005, by the New York State Department of Environmental Conservation, which consist of administrative changes to Title 6 of the New York Code, Rules and Regulations, Part 201, “Permits and Certificates.” (i) Incorporation by reference: (A) Regulations Subparts 201–7.1, “General” and 201–7.2, “Emission Capping Using Synthetic Minor Permits” of Part 201–7, “Federally Enforceable Emission Caps” of Title 6 of the New York Code of Rules and Regulations (NYCRR), filed on June 7, 1996, and effective on July 7, 1996. [37 FR 10882, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1670, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1671 Classification of regions. top The New York plans were evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Niagara Frontier Intrastate.......................... I I III III I Champlain Valley Interstate.......................... II II III III III Central New York Intrastate.......................... I II III I I Genesee-Finger Lakes Intrastate...................... II II III III I Hudson Valley Intrastate............................. I II III III III Southern Tier East Intrastate........................ II II III III III Southern Tier West Intrastate........................ II II III III III New Jersey-New York-Connecticut Interstate........... I I I I I ---------------------------------------------------------------------------------------------------------------- [37 FR 10882, May 31, 1972, as amended at 39 FR 16347, May 8, 1974] § 52.1672 Extensions. top Pursuant to section 186(a)(4) of the Clean Air Act, as amended in 1990, the Regional Administrator hereby extends for one year (until December 31, 1996) the attainment date for the New York-Northern New Jersey-Long Island Consolidated Metropolitan Statistical Carbon Monoxide nonattainment area. [61 FR 56900, Nov. 5, 1996] § 52.1673 Approval status. top (a) With the exceptions set forth in this section, the Administrator approves the New York State Implementation Plan (SIP) for the attainment and maintenance of the national standards under section 110(a)(2) of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title I of the Clean Air Act, as amended in 1977. In addition, continued satisfaction of the requirements of Part D for the ozone element of the SIP depends on the adoption and submittal of requirements for reasonable available control technology (RACT) by January 1985 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by Control Techniques Guidelines (CTGs) issued by the previous January. (b) [Reserved] [50 FR 25079, June 17, 1985, as amended at 56 FR 12453, Mar. 26, 1991] § 52.1674 Requirements for state implementation plan revisions relating to new motor vehicles. top New York's adopted LEV program must be revised to the extent necessary for the state to comply with all aspects of the requirements of §51.120. [60 FR 4737, Jan. 24, 1995] § 52.1675 Control strategy and regulations: Sulfur oxides. top (a)–(c) [Reserved] (d) Section 225.3(e) of Subchapter A, Chapter III, Title 6 of New York State's Official Compilation of Codes, Rules and Regulations, is disapproved since it does not provide for the type of permanent control necessary to assure attainment and maintenance of national standards. (e) Any special limitation promulgated by the Commissioner under 6 NYCRR section 225.2(b) and (c), any exception issued by the Commissioner under 6 NYCRR section 225.3, and any permission issued by the Commissioner under 6 NYCRR section 225.5(c) shall not exempt any person from the requirements otherwise imposed by 6 NYCRR Part 225; provided that the Administrator may approve such special limitation, exception or permission as a plan revision when the provisions of this part, section 110 (a)(3)(A) of the Act, and 40 CFR part 51 (relating to approval of and revisions to State implementation plans) have been satisfied with respect to such special limitation, exception or permission. (f) The following applies to the Environmental Protection Agency's approval as a SIP revision of the “special limitation” promulgated by the Commissioner of the New York State Department of Environmental Conservation on November 20, 1979 permitting the purchase and use by the Consolidated Edison Company of New York, Inc. of fuel oil with a maximum sulfur content of 1.5 percent, by weight, at units 2 and 3 of its Arthur Kill generating facility on Staten Island, New York and unit 3 of its Ravenswood generating station in Queens, New York: (1) On or before the “Date of Conversion” indicated below, each “Facility” indicated below shall combust only natural gas for the duration of the special limitation. (a) City College of New York, Amsterdam Ave. between W. 135th St. and W. 138th St., Manhattan— North Campus Academic Center: Converted North Campus Main Boiler (Compton Hall): Two boilers shut-down; One boiler converted; South Campus—Boiler Plant: Converted; North Campus Science and Physical Education Building: October 1, 1980. (b) Harlem Hospital, 135th St. and Lenox Ave., Manhattan: April 1, 1981; (c) Columbia University, 116th St. and Broadway, Manhattan: Converted; (d) New York City Housing Auth., Senator Robert F. Wagner Houses, 23–96 First Ave.: October 1, 1980; (e) New York City Housing Auth., Frederick Douglass Houses, 880 Columbus Ave., Manhattan: October 1, 1980; (f) New York City Housing Auth., Manhattanville Houses, 549 W. 126th St., Manhattan: October 1, 1980; (g) New York City Housing Auth., St. Nicholas Houses, 215 W. 127th St.: October 1, 1980; (h) New York City Housing Auth., General Grant Houses, 1320 Amsterdam Ave., Manhattan: October 1, 1980; (i) New York City Housing Auth., Harlem River Houses, 211–0–1 W. 151st Street, Manhattan: October 1, 1980; (j) New York City Housing Auth., Martin Luther King Towers, 90 Lenox Ave., Manhattan: October 1, 1980; (k) New York City Housing Auth., Drew Hamilton Houses, 210 W. 142nd Street, Manhattan: October 1, 1980. (2) If any of the facilities identified in paragraph (g)(1) of this section, fail to meet the requirements of that paragraph, the Consolidated Edison Company shall not burn fuel oil with a sulfur content in excess of 0.30 percent, by weight. For this purpose, Consolidated Edison shall maintain a reserve supply of fuel oil with a maximum sulfur content of 0.30 percent, by weight, and shall have a mechanism to switch promptly to the use of such fuel oil. (3) EPA's approval of this revision to the New York SIP will extend for a period of twelve months from [August 11, 1980] or such longer period limited to twelve months from the date on which fuel oil with a sulfur content exceeding 0.30 percent, by weight, is first burned at any of the affected Consolidated Edison facilities. However, once the use of high sulfur fuel oil has commenced, failure to meet any of the conversion dates specified in paragraph (g)(1) of this section shall not extend the period of EPA approval. (4) On or before July 1, 1981 the Consolidated Edison Company of New York, Inc. shall displace the use of approximately 7.1 million gallons of residual oil, as projected on an annual basis, through a gas conversion program to be implemented within a two-mile radius of the Mabel Dean Bacon High School Annex monitor. Beginning on the first day of the month in which fuel oil with a sulfur content exceeding 0.30 percent, by weight, is first burned at any of the affected Consolidated Edison facilities and continuing for twelve months thereafter, the Consolidated Edison Company of New York, Inc. shall submit a report to the EPA, on a monthly basis, which includes, but is not limited to, the following information regarding this program: (i) The total gallonage of fuel oil capacity converted (projected to an annual amount) as of that date, (ii) The potential gallonage from sources at which conversion work has begun, and (iii) The projected gallonage from sources expected to be converted by July 1, 1981. (g) The Environmental Protection Agency has approved a New York State Implementation Plan revision relating to the SO2 emission limit for units 4 and 5 of Orange and Rockland Utilities' Lovett generating station. The revision which allows Lovett to burn coal at units 4 and 5 was submitted by the New York State Department of Environmental Conservation (NYSDEC) on September 18, 1990, with additional materials submitted on April 12, 1991, and June 3, 1991. This action sets the emission limit applicable to the facility to 1.0 pound per million British thermal units (MMBtu) for units 4 and 5 if both are operated on coal, or to 1.5 lb/MMBtu for one unit if the other is operated on fuel oil, natural gas or is not operated at all, as set forth in the Certificates to Operate issued by NYSDEC on April 3, 1991. The SO2 emission limit, monitoring and recordkeeping requirements pertaining to the SO2 emissions are incorporated by reference into the Certificates to Operate. [37 FR 19815, Sept. 22, 1972, as amended at 38 FR 31296, Nov. 13, 1973; 39 FR 1441, Jan. 9, 1974; 39 FR 9666, Mar. 13, 1974; 39 FR 30038, Aug. 20, 1974; 40 FR 23745, June 2, 1975; 45 FR 53144, Aug. 11, 1980; 50 FR 23007, May 30, 1985; 56 FR 37477, Aug. 7, 1991; 60 FR 33923, June 29, 1995] § 52.1676 Control strategy: Nitrogen dioxide. top (a) The requirements of §52.14(c)(3) of this chapter as of May 8, 1974 (39 FR 16347), are not met since the plans do not provide for the degree of nitrogen oxides emission reduction attainable through the application of reasonably available control technology in the New York portion of the New Jersey-New York-Connecticut Interstate Region. (b) Section 227.5(b) of 6 NYCRR, as submitted on August 10, 1979, is disapproved because it is inconsistent with 40 CFR Subpart G, Control strategy: Carbon monoxide, hydrocarbons, ozone, and nitrogen dioxide. [37 FR 19815, Sept. 22, 1972, as amended at 39 FR 16347, May 8, 1974; 46 FR 55693, Nov. 12, 1981; 51 FR 40675, 40677, Nov. 7, 1986] § 52.1677 Compliance schedules. top (a) The requirements of §51.261 of this chapter are not met since the compliance schedule for Part 220 of Subchapter A, Chapter III, Title 6 of New York State's Official Compilation of Codes, Rules and Regulations, does not provide for attainment and maintenance of the national standards for particulate matter by the dates required by the Act. (b) The requirements of §51.262(a) of this chapter are not met since sections 223.1(a), 225.3(c), and 230.2(d) of Subchapter A, Chapter III, Title 6 of New York State's Official Compilation of Codes, Rules and Regulations do not require the reporting of periodic increments of progress toward compliance by affected sources or categories of sources. (c) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. (d) Federal compliance schedules. (1) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to the requirements of section 225.3(c) of Subchapter A, Chapter III, Title 6 of New York State's official compilation of codes, rules, and regulations shall notify the Administrator, no later than October 1, 1973, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to meet the requirements of said regulation. (2) Any owner or operator of a stationary source subject to paragraph (d)(1) of this section who elects low-sulfur fuel shall be subject to the following compliance schedule: (i) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with section 225.3(c) of the codes, rules, and regulations cited in paragraph (d)(1) of this section on June 30, 1975, and October 1, 1975, respectively, and for at least one year thereafter. (ii) December 31, 1973—Sign contracts with fuel suppliers for fuel requirements as projected above. (iii) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (iv) March 15, 1974—Let contracts for necessary boiler modifications, if applicable. (v) June 15, 1974—Initiate onsite modifications, if applicable. (vi) February 28, 1975—Complete onsite modifications, if applicable. (vii) (a) June 30, 1975—Final compliance with the low-sulfur fuel requirements of section 225.3(c) of Subchapter A, Chapter III, Title 6 of New York State's official compilation of codes, rules, and regulations. (b) October 1, 1975—Final compliance with the low-sulfur fuel requirements of Subchapter A, Chapter III, Title 6 of New York State's official compilation of codes, rules, and regulations. (3) Any owner or operator of a stationary source subject to paragraph (d)(1) of this section who elects to utilize stack gas desulfurization shall be subject to the following compliance schedule: (i) November 1, 1973—Let necessary contracts for construction. (ii) March 31, 1974—Initiate onsite construction. (iii) February 28, 1975—Complete onsite construction. (iv) (a) June 30, 1975—Final compliance with the requirements of section 225.3(c) of Subchapter A, Chapter III, Title 6 of New York State's official compilation of codes, rules, and regulations. (b) October 1, 1975—Final compliance with the requirements of Subchapter A, Title 6 of New York State's official compilation of codes, rules, and regulations. (v) If a performance test is necessary for a determination as to whether compliance with subpart (3)(iv)(a) or (b) has been achieved, such a test must be completed by June 30, 1975, or October 1, 1975, respectively. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (4) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to the requirement of section 230.2(d) of Subchapter A, Chapter III, Title 6 of the New York State's official compilation of codes, rules, and regulations shall notify the Administrator no later than October 1, 1973, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to meet the requirements of said regulation. (5) Any owner or operator of a stationary source subject to paragraph (d)(4) of this section who elects low-sulfur fuel shall be subject to the following compliance schedule: (i) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with section 230.2(d) of the codes, rules, and regulations cited in paragraph (4) of this paragraph (d) on October 1, 1974, and for at least one year thereafter. (ii) December 31, 1973—Sign contracts with fuel suppliers for fuel requirements as projected above. (iii) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (iv) March 15, 1974—Let contracts for necessary boiler modifications, if applicable. (v) June 15, 1974—Initiate onsite modifications, if applicable. (vi) September 3, 1974—Complete onsite modifications, if applicable. (vii) October 1, 1974—Final compliance with the low-sulfur fuel requirements of section 230.2(d) of Subchapter A, Chapter III, Title 6 of New York State's official compilation of codes, rules, and regulations. (6) Any owner or operator of a stationary source subject to paragraph (d)(5) of this section who elects to utilize stack gas desulfurization shall be subject to the following compliance schedule: (i) November 1, 1973—Let necessary contracts for construction. (ii) December 31, 1973—Initiate onsite construction. (iii) September 1, 1974—Complete onsite construction. (iv) October 1, 1974—Final compliance with the requirements of section 230.2(d) of Subchapter A, Chapter III, Title 6 of New York State's official compilation of codes, rules, and regulations. (v) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by October 1, 1974. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (7) The owner or operator of any petroleum refinery subject to the requirements of section 223.1(a) of Subchapter A, Chapter III, Title 6 of New York State's official compilation of codes, rules, and regulations shall comply with the compliance schedule in paragraph (d)(8) of this section. (8) Any owner or operator of a petroleum refinery subject to paragraph (d)(7) of this section shall be subject to the following compliance schedule: (i) November 1, 1973—Submit final control plan to the Administrator. (ii) February 28, 1974—Let necessary contracts for construction or installation of emission control equipment. (iii) June 30, 1974—Initiate onsite construction or installation of emission control equipment. (iv) November 30, 1974—Complete onsite construction or installation of emission control equipment. (v) December 31, 1974—Final compliance with the requirements of section 223.1(a) of Subchapter A, Chapter III, Title 6 of New York State's official compilation of codes, rules, and regulations. (9) The owner or operator of any coke oven battery subject to the requirements of Part 214, sections 214.2 and 214.4, of Subchapter A, Chapter III, Title 6 of the New York State's official compilation of codes, rules, and regulations for a facility with an environmental rating B as determined by Part 212 of Subchapter A, Chapter III, Title 6 of the New York State official compilation of codes, rules, and regulations, shall comply with the compliance schedule in paragraph (d)(10) of this section. (10) Any owner or operator of a coke oven battery subject to paragraph (d)(9) of this section shall be subject to the following compliance schedule: (i) November 1, 1973—Submit final control plan to the Administrator. (ii) February 1, 1974—Let necessary contract for construction or installation of control equipment. (iii) April 15, 1974—Initiate onsite construction or installation of control equipment. (iv) November 30, 1974—Complete onsite construction or installation of control equipment. (v) December 31, 1974—Final compliance with the requirements of Part 214, sections 214.2 and 214.4, of the Subchapter A, Chapter III, Title 6 of the New York State's official compilation of codes, rules, and regulations. (11) Any owner or operator subject to a compliance schedule above shall certify to the Administrator, within five days after the deadline for each increment of progress in that schedule, whether or not the increment has been met. (12) (i) None of the above paragraphs shall apply to a source which is presently in compliance with applicable regulations and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification. (ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (13) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraphs (d)(2), (3), (5), (6), (8), and (10) of this section fails to satisfy the requirements of §51.15 (b) and (c) of this chapter. [37 FR 19815, Sept. 22, 1972] Editorial Note: For Federal Register citations affecting §52.1677, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1678 Control strategy and regulations: Particulate matter. top (a)–(c) [Reserved] (d) Section 227.3(a)(2) of 6 NYCRR, as submitted on August 10, 1979, is disapproved because it is inconsistent with 40 CFR Subpart G, Control strategy: Sulfur oxides and particulate matter. [46 FR 55693, Nov. 12, 1981, as amended at 51 FR 40676, Nov. 7, 1986] § 52.1679 EPA-approved New York State regulations. top Link to an amendment published at 70 FR 53308, Sept. 8, 2005. ---------------------------------------------------------------------------------------------------------------- State New York State regulation effective Latest EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- Title 6: Part 200, General Provisions Sections 2/25/00 5/22/01 66 FR 28062....... Redesignation of non-attainment 200.1, 200.6, 200.7 and 200.9. areas to attainment areas (200.1(av)) does not relieve a source form compliance with previously applciable requirements as per letter of Nov. 13, 1981 from H. Hovey, NYSDEC. ......... Changes in definitions are acceptable to EPA unless a previously approved definition is necessary for implementation of an existing SIP regulation. ......... EPA is including the definition of ``federally enforceable'' with the understanding that (1) the definition applies to provisions of a Title V permit that are correctly identified as federally enforceable, and (2) a source accepts operating limits and conditions to lower its potential to emit to become a minor source, not to ``avoid'' applicable requirements. ......... EPA is approving incorporation by reference of those documents that are not already federally enforceable. Part 201, ``Permits and Certificates''.. 4/4/93 10/3/05, 70 FR 57511...... This action removes subpart 201.5(e) from the State's federally approved SIP. Subpart 201-7.1, ``General''............ 7/7/96 10/3/05, 70 FR 57511...... Subpart 201-7.2, ``Emission Capping 7/7/96 10/3/05, 70 FR 57511...... Using Synthetic Minor Permits''. Part 202, Emissions Testing, Sampling, 3/24/79 ......do.................. and Analytical Determinations. Part 204, NOX Budget Trading Program.... 2/25/00 5/22/01 66 FR 28063....... Incorporates NOX SIP Call and NOX Budget Trading Program for 2003 and thereafter. Part 205, Architectural and Industrial 11/22/04 12/13/04, 69 FR 72118..... Maintenance Coatings. Part 207, Control Measures for an Air 3/24/79 11/12/81, 46 FR 55690..... Pollution Episode. Part 211, General Prohibitions.......... 8/11/83 11/27/98, 63 FR 65559..... Section 211.2 has been removed from the approved plan. Part 212, General Process Emission 9/22/94 9/25/01, 66 FR 48961...... Sources. Part 213, Contaminant Emissions from 6/27/72 9/22/72, 37 FR 19814...... Ferrous Jobbing Foundries. Part 214, By-Product Coke Oven Batteries 5/23/84 3/26/91, 56 FR 12452...... Variances from otherwise applicable allowable emission rates adopted pursuant to §§ 214.10 (a), (b), or (c) become applicable only if approved by EPA as SIP revisions. Part 215, Open Fires.................... 6/16/72 9/22/72, 37 FR 19814...... Part 216, Iron and/or Steel Processes... 5/23/84 ......do.................. Part 217, Motor Vehicle Emissions:...... Subpart 217-1, Motor Vehicle 5/22/97 5/7/01, 66 FR 22924....... Enhanced Inspection and Maintenance Program Requirements. Subpart 217-2, Motor vehicle NY91 5/22/97 5/7/01, 66 FR 22924....... Inspection and Maintenance Program Requirements. Subpart 217-4, Inspection and 5/22/97 5/7/01, 66 FR 22924....... Maintenance Program Audits. Part 218, Emission Standards for Motor ......... .......................... EPA's approval of part 218 only Vehicles and Motor Vehicle Engines:. applies to light-duty vehicles. Subpart 218-1: Applicability and 12/28/00 1/31/05, 70 FR 4773....... Definitions. Subpart 218-2: Certification and 12/28/00 1/31/05, 70 FR 4773....... Prohibitions. Subpart 218-3: Fleet Average............ 12/28/00 1/31/05, 70 FR 4773 Subpart 218-4: Zero Emissions Vehicle 5/28/92 1/6/95, 60 FR 2025........ Sales Mandate. Subpart 218-5: Testing.................. 12/28/00 1/31/05, 70 FR 4773 Subpart 218-6: Surveillance............. 12/28/00 1/31/05, 70 FR 4773....... Subpart 218-7: Aftermarket Parts........ 12/28/00 1/31/05, 70 FR 4773....... Subpart 218-8: Severability............. 12/28/00 1/31/05, 70 FR 4773....... Part 219, Incinerators.................. 5/1/82 9/22/72, 37 FR 19814...... Part 220, Portland Cement Plants........ 3/14/73 11/12/81, 46 FR 55690..... Part 222, Incinerators_New York City, 7/17/72 9/22/72, 37 FR 19814...... Nassau and Westchester Counties. Part 223, Petroleum Refineries.......... 8/9/84 7/19/85, 50 FR 29382...... Part 224, Sulfuric and Nitric Acid 5/10/84 ......do.................. Variances adopted by the State Plants. pursuant to Part 224.6(b) become applicable only if approved by EPA as SIP revisions 7/19/85, 50 FR 29382. Subpart 225-1, Fuel Composition and Use- 3/24/79 11/12/81, 46 FR 55690..... Section 225.3(e) is disapproved Sulfur Limitations. (40 CFR 52.1675(d)). Variances adopted by the State pursuant to §§ 225.2(b) and (c), 225.3, and 225.5(c) become applicable only if approved by EPA or SIP revisions (40 CFR 52.1675(e)). Subpart 225-2, Fuel Composition and Use- 7/28/83 8/2/84.................... Waste Fuel. Part 225-3, Fuel Composition and 11/4/01 9/08/05, 70 FR 53304...... The Variance adopted by the Use_Gasoline. State pursuant to section 225- 3.5 becomes applicable only if approved by EPA as a SIP revision. Part 226, Solvent Metal Cleaning 5/7/03 1/23/04, 69 FR 3240....... Processes. Part 227, Stationary Combustion 5/1/72 9/22/72, 37 FR 19814...... ............................... Installations [1972 version]/section 227.2(b)(1). Part 227, Stationary Combustion ......... .......................... Existing Part 227 is renumbered Installations. Subpart 227-1. Subpart 227-1, Stationary Combustion 2/25/00 5/22/01 66 FR 28063....... Renumbered sections 227- Installations. 1.2(a)(2), 227-1.4(a), and 227- 1.4(d) continue to be disapproved according to 40 CFR 52.1678(d) and 52.1680(a). (New York repealed existing Part 227.5.) Subpart 227-2, Reasonably Available 2/11/04 1/13/05, 70 FR 2358....... Control Technology (RACT) for Oxides of Nitrogen (NOX). Subpart 227-3, Pre-2003 Nitrogen Oxides 3/5/99 5/22/01 66 FR 28063....... Approval of NOX Budget Trading Emissions Budget and Allowance Program. Program for 1999, 2000, 2001 and 2002. NOX caps in the State during 2003 and thereafter established in Part 204. Part 228, ``Surface Coating Processes''. 7/23/03 1/23/04, 69 FR 3240....... Part 229, Petroleum and Volatile Organic 4/4/93 12/23/97, 62 FR 67006..... SIP revisions submitted in Liquid Storage and Transfer. accordance with Section 229.3(g)(1) are effective only if approved by EPA. Part 230, Gasoline Dispensing Sites and 8/22/94 4/30/98, 63 FR 23668...... Transport Vehicles. Part 231, Major Facilities.............. 6/21/80 ......do.................. Part 232, Dry Cleaning.................. 8/11/83 6/17/85, 50 FR 25079...... EPA has not determined that § 232.3(a) provides for reasonably available control technology. Part 233, Pharmaceutical and Cosmetic 4/4/93 12/23/97, 62 FR 67006..... SIP revisions submitted in Processes. accordance with Section 223.3(h)(1) are effective only if approved by EPA. Part 234, Graphic Arts.................. 4/4/93 12/23/97, 62 FR 67006..... SIP revisions submitted in accordance with Section 234.3(f)(1) are effective only if approved by EPA. Part 235, Consumer Products............. 11/9/02 1/23/04, 69 FR 3240....... The specific application of provisions associated with alternate test methods, variances, innovative products and alternate compliance plans, must be submitted to EPA as SIP revisions. Part 236, Synthetic Organic Chemical 1/16/92 7/27/93, 58 FR 40059...... Variances adopted by the State Manufacturing Facility Component Leaks. pursuant to Part 236.6(e)(3) become applicable only if approved by EPA as a SIP revision. Part 239, ``Portable Fuel Container 11/4/02 1/23/04, 69 FR 3240....... The specific application of Spillage Control''. provisions associated with alternate test methods, variances and innovative products, must be submitted to EPA as SIP revisions. Title 15: Part 79, Motor Vehicle Inspection:...... Sections 79.1-79.15, 79.17, 79.20, 6/4/97 5/7/01, 66 FR 22924....... 79.21, and 79.24-79.26. ---------------------------------------------------------------------------------------------------------------- [46 FR 55692, Nov. 12, 1981, as amended at 46 FR 62064, Dec. 22, 1981; 49 FR 3439, Jan. 26, 1984; 49 FR 30939, Aug. 2, 1984; 50 FR 25079, June 17, 1985; 50 FR 29382, July 19, 1985; 51 FR 40420, Nov. 7, 1986; 54 FR 9436, Mar. 7, 1989; 54 FR 26041, June 21, 1989; 54 FR 48889, Nov. 28, 1989; 56 FR 12454, Mar. 26, 1991; 58 FR 40059, 40065, July 27, 1993; 59 FR 38986, Aug. 4, 1994; 60 FR 2025, Jan. 6, 1995; 61 FR 38597, July 25, 1996; 62 FR 67006, Dec. 23, 1997; 63 FR 23668, Apr. 30, 1998; 63 FR 65559, Nov. 27, 1998; 65 FR 20908, 20911, Apr. 19, 2000; 65 FR 24877, Apr. 28, 2000; 66 FR 22924, May 7, 2001; 66 FR 28062, May 22, 2001; 66 FR 48961, Sept. 25, 2001; 69 FR 3240, Jan. 23, 2004; 69 FR 72127, Dec. 13, 2004; 70 FR 2359, Jan. 13, 2005; 70 FR 4775, Jan. 31, 2005; 70 FR 57513, Oct. 3, 2005; 70 FR 53308, Sept. 8, 2005] § 52.1680 Control strategy: Monitoring and reporting. top (a) Section 227.6 (a) and (f) are disapproved because they are not consistent with the continuous monitoring and reporting requirements of 40 CFR 51.214. [46 FR 55693, Nov. 12, 1981, as amended at 51 FR 40677, Nov. 7, 1986] § 52.1681 Control strategy: Lead. top As part of the attainment demonstration for lead, the State of New York has committed to rate all sources of lead or lead compound emissions with either an “A” or “B” environmental rating pursuant to 6 NYCRR Part 212. [49 FR 30939, Aug. 2, 1984] § 52.1682 Control strategy: Carbon monoxide. top (a) Approval—The November 13, 1992 revision to the carbon monoxide state implementation plan for Onondaga County. This revision included a maintenance plan which demonstrated continued attainment of the National Ambient Air Quality Standard for carbon monoxide through the year 2003. (b) Approval—The November 13, 1992 and March 21, 1994 revisions to the carbon monoxide state implementation plan for the New York portion of the New York—Northern New Jersey—Long Island Carbon Monoxide nonattainment area. This included an attainment demonstration and the control measures needed to attain the National Ambient Air Quality Standard for carbon monoxide. In addition, the September 21, 1990 Downtown Brooklyn Master Plan and revision dated March 22, 2000 is a component of the carbon monoxide attainment plan. The November 23, 1999, request to redesignate the New York portion of the New York—Northern New Jersey—Long Island Carbon Monoxide nonattainment area from nonattainment to attainment of the National Ambient Air Quality Standard for carbon monoxide. As part of the redesignation request, the State submitted a maintenance plan which demonstrated continued attainment of the National Ambient Air Quality Standard for carbon monoxide through the year 2012. (c) Approval—The June 22, 2004 revision to the carbon monoxide maintenance plan for Onondaga County. This revision contains a second ten-year maintenance plan that demonstrates continued attainment of the National Ambient Air Quality Standard for carbon monoxide through the year 2013 and CO conformity budgets for the years 2003, 2009, and 2013. [67 FR 19339, Apr. 19, 2002, as amended at 70 FR 53308, Sept. 8, 2005] § 52.1683 Control strategy: Ozone. top (a) The State of New York has certified to the satisfaction of the EPA that no sources are located in the nonattainment area of the State which are covered by the following Control Techniques Guidelines: (1) Natural Gas/Gasoline Processing Plants. (2) Air Oxidation Processes at Synthetic Organic Chemical Manufacturing Industries. (3) Manufacture of High-Density Polyethylene, Polypropylene, and Polystyrene Resins. (b)–(e) [Reserved] (f) Attainment Determination—EPA has determined that, as of February 5, 1998, the Poughkeepsie ozone nonattainment area (consisting of Dutchess and Putnam Counties and northern Orange County) has air monitoring data that attains the one-hour ozone standard and that the requirements of section 182(b)(1) (reasonable further progress and attainment demonstration) and related requirements of section 172(c)(9) (contingency measures) of the Clean Air Act do not apply to the area. (g) EPA approves as a revision to the New York State Implementation Plan, the Stage II gasoline vapor recovery comparability plan for upstate portions of New York State submitted by the New York State Department of Environmental Conservation on April 18, 2000. (h)(1) The 1990 base year emission inventory as revised on February 2, 1999 (Volatile organic compounds (VOC), Nitrogen oxides (NOX) and Carbon monoxide (CO) for areas designated nonattainment for ozone since 1991 in New York) is approved. (2) The 1996 and 1999 ozone projection year emission inventories included in New York's February 2, 1999 State Implementation Plan revision for the New York portion of the New York-Northern New Jersey-Long Island nonattainment area are approved. (3) [Reserved] (4) The photochemical assessment monitoring stations network included in New York's February 2, 1999 State Implementation Plan revision is approved. (5) The demonstration that emissions from growth in vehicle miles traveled will not increase total motor vehicle emissions and, therefore, offsetting measures are not necessary, which was included in New York's February 2, 1999 State Implementation Plan revision for the New York portion of the New York-Northern New Jersey-Long Island nonattainment area is approved. (6) The enforceable commitments to: participate in the consultative process to address regional transport; adopt additional control measures as necessary to attain the ozone standard, meeting rate of progress requirements, and eliminating significant contribution to nonattainment downwind; identify any reductions that are needed from upwind areas for the area to meet the ozone standard, included in New York's February 2, 1999 State Implementation Plan revision for the New York portion of the New York-Northern New Jersey-Long Island nonattainment area are approved. (7) The 15 Percent Rate of Progress Plan and the 9 Percent Reasonable Further Progress Plan included in the New York's February 2, 1999 State Implementation Plan revision for the New York portion of the New York-Northern New Jersey-Long Island nonattainment area are approved. (i)(1) The 2002, 2005 and 2007 ozone projection year emission inventories included in New York's November 27, 1998 State Implementation Plan revision for the New York portion of the New York-Northern New Jersey-Long Island nonattainment area are approved. (2) The Reasonable Further Progress Plans for milestone years 2002, 2005 and 2007 included in the New York's November 27, 1998 State Implementation Plan revision for the New York portion of the New York-Northern New Jersey-Long Island nonattainment area are approved. (3) The contingency measures included in the New York's November 27, 1998 State Implementation Plan revision for the New York portion of the New York-Northern New Jersey-Long Island nonattainment area necessary to fulfill the RFP and attainment requirement of section 172(c)(9) of the CAA are approved. (4) [Reserved] (5) The Reasonably Available Control Measure Analysis for the New York portion of the New York-Northern New Jersey-Long Island nonattainment area included in New York's October 1, 2001 State Implementation Plan revision is approved. (6) The revisions to the State Implementation Plan submitted by New York on November 27, 1998, April 15, 1999, and April 18, 2000, are approved. The revisions are for the purpose of satisfying the attainment demonstration requirements of section 182(c)(2)(A) of the CAA for the New York portion of the New York-Northern New Jersey-Long Island severe ozone nonattainment area. The revisions establish an attainment date of November 15, 2007, for the New York-Northern New Jersey-Long Island ozone nonattainment area. The April 18, 2000, revision includes the following enforceable commitments for future actions associated with attainment of the 1-hour ozone national ambient air quality standard: (i) Adopt additional control measures by October 31, 2001, to meet that level of reductions identified by EPA for attainment of the 1-hour ozone standard. (ii) Work through the Ozone Transport Commission (OTC) to develop a regional strategy regarding the measures necessary to meet the additional reductions identified by EPA. (iii) Adopt and submit by October 31, 2001 intrastate measures for the emission reductions (Backstop) in the event the OTC process does not recommend measures that produce emission reductions. (iv) Submit revised State Implementation Plan and motor vehicle emissions budget by October 31, 2001 if additional adopted measures affect the motor vehicle emissions inventory. (j)(1) The 1990 and 2007 conformity emission budgets for the New York portion of the New York-Northern New Jersey-Long Island nonattainment area contained in New York's January 29, 2003 SIP revision, amended by New York's June 29, 2003 submittal and January 18, 2005 comment letter. (2) The revised commitment to perform a mid-course review and submit the results by December 31, 2004 included in the January 29, 2003 SIP revision is approved. [56 FR 41463, Aug. 21, 1991, as amended at 61 FR 51217, Oct. 1, 1996; 61 FR 64029, Dec. 3, 1996; 62 FR 55344, Oct. 24, 1997; 62 FR 66825, Dec. 22, 1997; 65 FR 58364, Sept. 29, 2000; 66 FR 22924, May 7, 2001; 66 FR 23851, May 10, 2001; 67 FR 5194, Feb. 4, 2002; 70 FR 53944, Sept. 13, 2005] §§ 52.1684-52.1688 [Reserved] top § 52.1689 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable state plan for the State of New York. [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003] § 52.1690 Small business technical and environmental compliance assistance program. top On January 11, 1993, the New York State Department of Environmental Conservation submitted a plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program for incorporation in the New York state implementation plan. This plan meets the requirements of section 507 of the Clean Air Act, and New York must implement the program as approved by EPA. [59 FR 34386, July 5, 1994] Subpart II—North Carolina top § 52.1770 Identification of plan. top Link to an amendment published at 71 FR 14821, Mar. 24, 2006. (a) Purpose and scope. This section sets forth the applicable State implementation plan for North Carolina under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraph (c) of this section with an EPA approval date prior to December 30, 2004, for North Carolina (Table 1 of the North Carolina State Implementation Plan), January 1, 2003, for Forsyth County, North Carolina (Table 2 of the North Carolina State Implementation Plan) and January 1, 2003, for Mecklenburg County, North Carolina (Table 3 of the North Carolina State Implementation Plan), was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) of this section with EPA approval dates after December 30, 2004, for North Carolina (Table 1 of the December 30, 2004, for North Carolina State Implementation Plan), January 1, 2003, for Forsyth County, North Carolina (Table 2 of the North Carolina State Implementation Plan) and January 1, 2003, for Mecklenburg County, North Carolina, (Table 3 of the North Carolina State Implementation Plan) will be incorporated by reference in the next update to these SIP compilation notebooks. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of the dates referenced in paragraph (b)(1). (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. Table 1_EPA Approved North Carolina Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Subchapter 2D Air Pollution Control Requirements ---------------------------------------------------------------------------------------------------------------- Section .0100 Definitions and References ---------------------------------------------------------------------------------------------------------------- Sect .0101......... Definitions........... 01/15/98 11/10/99, 64 FR 61213........... Sect .0103......... Copies of Referenced 12/01/92 08/15/94, 59 FR 41708........... Federal Regulations. Sect .0104......... Incorporation by 01/15/98 11/10/99, 64 FR 61213........... Reference. Sect .0105......... Mailing List.......... 07/01/02 09/17/03, 68 FR 54362........... ---------------------------------------------------------------------------------------------------------------- Section .0200 Air Pollution Sources ---------------------------------------------------------------------------------------------------------------- Sect .0201......... Classification of Air 04/12/84 10/11/85, 50 FR 41501........... Pollution Sources. Sect .0202......... Registration of Air 01/15/98 11/10/99, 64 FR 61213........... Pollution Sources. ---------------------------------------------------------------------------------------------------------------- Section .0300 Air Pollution Emergencies ---------------------------------------------------------------------------------------------------------------- Sect .0301......... Purpose............... 02/01/76 06/03/86, 51 FR 19834........... Sect. 0302......... Episode Criteria...... 01/15/98 11/10/99, 64 FR 61213........... Sect .0303......... Emission Reduction 04/12/84 10/11/85, 50 FR 41501........... Plans. Sect .0304......... Preplanned Abatement 04/14/88 12/12/88, 53 FR 49881........... Program. Sect .0305......... Emission Reduction 04/12/84 10/11/85, 50 FR 41501........... Plan_Alert Level. Sect .0306......... Emission Reduction 04/12/84 10/11/85, 50 FR 41501........... Plan_Warning Level. Sect .0307......... Emission Reduction 04/12/84 10/11/85, 50 FR 41501........... Plan_Emergency Level. ---------------------------------------------------------------------------------------------------------------- Section .0400 Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- Sect .0401......... Purpose............... 12/01/92 08/15/94, 59 FR 41708........... Sect .0402......... Sulfur Oxides......... 04/12/84 10/11/85, 50 FR 41501........... Sect .0403......... Total Suspended 07/01/88 01/16/90, 55 FR 1419............ Particulates. Sect .0404......... Carbon Monoxide....... 10/01/89 3/12/90, 55 FR 9125............. Sect .0405......... Ozone................. 05/01/99 10/22/02, 67 FR 64989........... Sect .0407......... Nitrogen Dioxide...... 10/01/89 03/12/90, 55 FR 9125............ Sect .0408......... Lead.................. 04/12/84 10/11/85, 50 FR 41501........... Sect .0409......... Particulate Matter.... 07/01/88 01/16/90, 55 FR 1419............ Sect .0410......... PM2.5 Particulate 05/01/99 10/22/02, 67 FR 64989........... Matter. ---------------------------------------------------------------------------------------------------------------- Section .0500 Emission Control Standards ---------------------------------------------------------------------------------------------------------------- Sect .0501......... Compliance with 04/01/01 08/08/02, 67 FR 51461........... Emission Control Standards. Sect .0502......... Purpose............... 03/01/81 07/26/82, 47 FR 32118........... Sect .0503......... Particulates from Fuel 05/01/99 10/22/02, 67 FR 64989........... Burning Indirect Heat Exchangers. Sect .0504......... Particulates from Wood 07/01/02 12/27/02, 67 FR 78980........... Burning Indirect Heat Exchangers. Sect .0505......... Control of 07/01/87 02/29/88, 53 FR 5974............ Particulates from Incinerators. Sect .0506......... Particulates from Hot 03/20/98 11/10/99, 64 FR 61213........... Mix Asphalt Plants. Sect .0507......... Particulates from 04/01/03 09/17/03, 68 FR 54362........... Chemical Fertilizer Manufacturing Plants. Sect .0508......... Particulates from Pulp 03/20/98 11/10/99, 64 FR 61213........... and Paper Mills. Sect .0509......... Particulates from Mica 04/01/03 09/17/03, 68 FR 54362........... or Feldspar Processing Plants. Sect .0510......... Particulates from 03/20/98 11/10/99, 64 FR 61213........... Sand, Gravel, or Crushed Stone Operations. Sect .0511......... Particluates from 03/20/98 11/10/99, 64 FR 61213........... Lightweight Aggregate. Sect .0512......... Particulates from Wood 11/01/84 12/19/86, 51 FR 45468........... Products Finishing Plants. Sect .0513......... Particulates from 03/20/98 11/10/99, 64 FR 61213........... Portland Cement Plants. Sect .0514......... Particulates from 03/20/98 11/10/99, 64 FR 61213........... Ferrous Jobbing Foundries. Sect .0515......... Particulates from 04/01/03 09/17/03, 68 FR 54362........... Miscellaneous Industrial Processes. Sect .0516......... Sulfur Dioxide 04/01/03 09/17/03, 68 FR 54362........... Emissions from Combustion Sources. Sect .0517......... SO2 Emissions from 11/01/84 12/19/86, 51 FR 45468........... Plants Producing Sulfuric Acid. Sect .0519......... Control of Nitrogen 07/01/96 08/01/97, 62 FR 41277........... Dioxide and Nitrogen Oxides Emissions. Sect .0520......... Control and 07/01/96 08/01/97, 62 FR 41277........... Repealed. Prohibition of Open Burning. .0521.............. Control of Visible 01/01/05 10/25/05, 70 FR 61556........... Approving changes to Emissions. Paragraphs (c) and (d) that reference new Paragraph (g). Also, approving Paragraph (g) excluding the following language: ``excluding startups, shutdowns, maintenance periods when fuel is not being combusted, and malfunctions approved as such according to procedures approved under Rule .0535 of this Section.'' Sect .0522......... Control and 02/01/76 06/03/86, 51 FR 19834........... Prohibition of Odorous Emissions. Sect .0523......... Control of Conical 01/01/85 09/09/87, 52 FR 33933........... Incinerators. Sect .0527......... Emissions from 11/01/84 12/19/86, 51 FR 45468........... Spodumene Ore Roasting. Sect .0530......... Prevention of 11/21/96 10/15/99, 64 FR 55831........... Significant Deterioration. Sect .0531......... Sources in 01/15/98 11/10/99, 64 FR 61213........... Nonattainment Areas. Sect .0532......... Sources Contributing 07/01/94 02/01/96, 61 FR 3584............ to an Ambient Violation. Sect .0533......... Stack Height.......... 07/01/94 02/01/96, 61 FR 3584............ Sect .0535......... Excess Emissions 07/01/96 08/01/97, 62 FR 41277........... Reporting and Malfunctions. Sect .0536......... Particulate Emissions 08/01/91 02/14/96, 61 FR 5689............ from Electric Utility Boilers. Sect .0540......... Particulates from 03/20/98 11/10/99, 64 FR 61213........... Fugitive Non-process Dust Emission Sources. Sect .0542......... Control of Particulate 07/01/02 12/27/02, 67 FR 78980........... Emissions from Cotton Ginning Operations. ---------------------------------------------------------------------------------------------------------------- Section .0600 Air Contaminants; Monitoring, Reporting ---------------------------------------------------------------------------------------------------------------- Sect .0601......... Monitoring: 04/01/99 08/08/02, 67 FR 51461........... Recordkeeping: Reporting. Sect .0602......... Definitions........... 04/01/99 08/08/02, 67 FR 51461........... Sect .0604......... Exceptions to 04/01/99 08/08/02, 67 FR 51461........... Monitoring and Reporting Requirements. Sect .0605......... General Recordkeeping 04/01/99 08/08/02, 67 FR 51461........... and Reporting Requirements. Sect .0606......... Other Coal or Residual 05/02/88 12/12/88, 53 FR 49881........... Oil Burners. Sect .0607......... Large Wood and Wood- 04/01/99 08/08/02, 67 FR 51461........... Fossil Fuel Combination Units. Sect .0608......... Program Schedule...... 07/01/96 08/01/97, 62 FR 41277........... Sect .0609......... Monitoring Condition 04/12/84 10/04/85, 50 FR 41501........... in Permit. Sect .0610......... Federal Monitoring 04/01/99 08/08/02, 67 FR 51461........... Requirements. Sect .0611......... Monitoring Emissions 04/01/99 08/08/02, 67 FR 51461........... from Other Sources. Sect .0612......... Alternative Monitoring 04/01/99 08/08/02, 67 FR 51461........... and Reporting Procedures. Sect .0613......... Quality Assurance 04/01/99 08/08/02, 67 FR 51461........... Program. Sect .0614......... Compliance Assurance 04/01/99 08/08/02, 67 FR 51461........... Monitoring. Sect .0615......... Delegation............ 04/01/99 08/08/02, 67 FR 51461........... ---------------------------------------------------------------------------------------------------------------- Section .0800 Complex Sources ---------------------------------------------------------------------------------------------------------------- Sect .0801......... Purpose and Scope..... 07/01/94 02/01/96, 61 FR 3584............ Sect .0802......... Definitions........... 07/01/94 02/01/96, 61 FR 3584............ Sect .0803......... Highway Projects...... 07/01/94 02/01/96, 61 FR 3584............ Sect .0804......... Airport Facilities.... 07/01/96 08/01/97, 62 FR 41277........... Sect .0805......... Parking Facilities.... 07/01/96 08/01/97, 62 FR 41277........... Sect .0806......... Ambient Monitoring and 07/01/94 02/01/96, 61 FR 3584............ Modeling Analysis. ---------------------------------------------------------------------------------------------------------------- Section .0900 Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- Sect .0901......... Definitions........... 07/01/96 08/01/97, 62 FR 41277........... Sect .0902......... Applicability......... 07/01/00 08/27/01, 66 FR 34117........... Sect .0903......... Recordkeeping: 04/01/99 08/08/02, 67 FR 51461........... Reporting: Monitoring. Sect .0905......... Petition for 11/08/84 12/19/86, 51 FR 45468........... Alternative Controls. Sect .0906......... Circumvention......... 11/08/84 12/19/86, 51 FR 45468........... Sect .0907......... Compliance Schedules 11/21/96 10/15/99, 64 FR 55831........... Repealed. for Sources in Nonattainment Areas. Sect .0908......... Equipment Modification 11/08/84 12/19/86, 51 FR 45468........... Compliance Schedules. Sect .0909......... Compliance Schedules 07/01/00 08/27/01, 66 FR 34117........... for Sources in New Nonattainment Areas. Sect .0910......... Alternate Compliance 11/21/96 10/15/99, 64 FR 55831........... Repealed. Schedules. Sect .0911......... Exceptions for 11/21/96 10/15/99, 64 FR 55831........... Repealed. Compliance Schedules. Sect .0912......... General Provisions on 04/01/03 09/17/03, 68 FR 54362........... Test Methods and Procedures. Sect .0913......... Determination of 07/01/88 01/16/90, 55 FR 1420............ Volatile Content of Surface Coatings. Sect .0914......... Determination of VOC 03/20/98 11/10/99, 64 FR 61213........... Emission Control System Efficiency. Sect .0915......... Determination of 11/08/84 12/19/86, 51 FR 45468........... Solvent Metal Cleaning VOC Emissions. Sect .0916......... Determination of VOC 07/01/88 01/16/90, 55 FR 1420............ Emissions from Bulk Gasoline Terminals. Sect .0917......... Automobile and Light- 07/01/96 08/01/97, 62 FR 41277........... duty Truck Manufacturing. Sect .0918......... Can Coating........... 07/01/96 08/01/97, 62 FR 41277........... Sect .0919......... Coil Coating.......... 07/01/96 08/01/97, 62 FR 41277........... Sect .0920......... Paper Coating......... 07/01/96 08/01/97, 62 FR 41277........... Sect .0921......... Fabric and Vinyl 07/01/96 08/01/97, 62 FR 41277........... Coating. Sect .0922......... Metal Furniture 07/01/96 08/01/97, 62 FR 41277........... Coating. Sect .0923......... Surface Coating of 07/01/96 08/01/97, 62 FR 41277........... Large Appliances. Sect .0924......... Magnet Wire Coating... 07/01/96 08/01/97, 62 FR 41277........... Sect .0925......... Petroleum Liquid 12/01/89 06/23/94, 59 FR 32362........... Storage. Sect .0926......... Bulk Gasoline Plants.. 07/01/96 08/01/97, 62 FR 41277........... Sect .0927......... Bulk Gasoline 04/01/03 09/17/03, 68 FR 54362........... Terminals. Sect .0928......... Gasoline Service 07/01/96 08/01/97, 62 FR 41277........... Stations Stage I. Sect .0930......... Solvent Metal Cleaning 03/01/91 06/23/94, 59 FR 32362........... Sect .0931......... Cutback Asphalt....... 12/01/89 06/23/94, 59 FR 32362........... Sect .0932......... Gasoline Truck Tanks 04/01/03 09/17/03, 68 FR 54362........... and Vapor Collection Systems. Sect .0933......... Petroleum Liquid 07/01/95 02/01/96, 62 FR 3589............ Storage in External Floating Roof Tanks. Sect .0934......... Coating of 07/01/96 08/01/97, 62 FR 41277........... Miscellaneous Metal Parts and Products. Sect .0935......... Factory Surface 07/01/96 08/01/97, 62 FR 41277........... Coating of Flat Wood Paneling. Sect .0936......... Graphic Arts.......... 12/01/89 06/23/94, 59 FR 32362........... Sect .0937......... Manufacture of 07/01/96 08/01/97, 62 FR 41277........... Pneumatic Rubber Tires. Sect .0938......... Perchloroethylene Dry 03/20/98 11/10/99, 64 FR 61213........... Repealed. Cleaning System. Sect .0939......... Determination of 07/01/88 01/16/90, 55 FR 1420............ Volatile Organic Compounds Emissions. Sect .0940......... Determination of Leak 07/01/88 01/16/90, 55 FR 1420............ Tightness and Vapor Leaks. Sect .0941......... Alternative Method for 03/01/91 06/23/94, 59 FR 32362........... Leak Tightness. Sect .0942......... Determination of 07/23/80 08/27/81, 46 FR 43137........... Solvent in Filter Waste. Sect .0943......... Synthetic Organic 03/01/91 06/23/94, 59 FR 32362........... Chemical and Polymer Manufacturing. Sect .0944......... Manufacture of 03/14/85 11/19/86, 51 FR 41786........... Polyethylene, Polypropylene, and Polystyrene. Sect .0945......... Petroleum Dry Cleaning 03/14/85 11/19/86, 51 FR 41786........... Sect .0947......... Manufacture of 07/01/94 05/05/95, 60 FR 22284........... Synthesized Pharmaceutical Products. Sect .0948......... VOC Emissions from 07/01/00 08/27/01, 66 FR 34117........... Transfer Operations. Sect .0949......... Storage of 07/01/00 08/27/01, 66 FR 34117........... Miscellaneous Volatile Organic Compounds. Sect .0951......... Miscellaneous Volatile 07/01/00 08/27/01, 66 FR 34117........... Organic Compound Emissions. Sect .0952......... Petition for 05/01/95 02/01/96, 62 FR 3589............ Alternative Controls for RACT. Sect .0953......... Vapor Return Piping 03/20/98 11/10/99, 64 FR 61213........... for Stage II Vapor Recovery. Sect .0954......... Stage II Vapor 04/01/03 09/17/03, 68 FR 54362........... Recovery. Sect .0955......... Thread Bonding 04/01/95 02/01/96, 62 FR 3589............ Manufacturing. Sect .0956......... Glass Christmas 04/01/95 02/01/96, 62 FR 3589............ Ornament Manufacturing. Sect .0957......... Commercial Bakeries... 04/01/95 02/01/96, 62 FR 3589............ Sect .0958......... Work Practices for 07/01/00 08/27/01, 66 FR 34117........... Sources of Volatile Organic Compounds. Sect .0959......... Reserved.............. ---------------------------------------------------------------------------------------------------------------- Section .1000 Motor Vehicle Emissions Control Standards ---------------------------------------------------------------------------------------------------------------- Sect .1001......... Purpose............... 07/01/02 10/30/02, 67 FR 66056........... Sect .1002......... Applicability......... 07/01/02 10/30/02, 67 FR 66056........... Sect .1003......... Definitions........... 12/01/82 06/02/95, 60 FR 28726........... Sect .1004......... Emissions Standards... 07/01/02 10/30/02, 67 FR 66056........... Sect .1005......... Measurement and 07/01/02 10/30/02, 67 FR 66056........... Enforcement. ---------------------------------------------------------------------------------------------------------------- Section .1300 Oxygenated Gasoline Standard ---------------------------------------------------------------------------------------------------------------- Sect .1301......... Purpose............... 09/01/92 06/30/94, 59 FR 33683........... Sect .1302......... Applicability......... 09/01/92 06/30/94, 59 FR 33683........... Sect .1303......... Definitions........... 09/01/92 06/30/94, 59 FR 33683........... Sect .1304......... Oxygen Content 09/01/92 06/30/94, 59 FR 33683........... Standard. Sect .1305......... Measurement and 09/01/92 06/30/94, 59 FR 33683........... Enforcement. ---------------------------------------------------------------------------------------------------------------- Section .1400 Nitrogen Oxides Emissions ---------------------------------------------------------------------------------------------------------------- Sect .1401......... Definitions........... 07/15/02 12/27/02, 67 FR 78987........... Sect .1402......... Applicability......... 07/15/02 12/27/02, 67 FR 78987........... Sect .1403......... Compliance Schedules.. 07/15/02 12/27/02, 67 FR 78987........... Sect .1404......... Recordkeeping: 07/15/02 12/27/02, 67 FR 78987........... Reporting: Monitoring. Sect .1409......... Stationary Internal 07/15/02 12/27/02, 67 FR 78987........... Combustion Engines. Sect .1416......... Emission Allocations 07/15/02 12/27/02, 67 FR 78987........... for Utility Companies. Sect .1417......... Emission Allocations 07/15/02 12/27/02, 67 FR 78987........... for Large Combustion Sources. Sect .1418......... New Electric 07/15/02 12/27/02, 67 FR 78987........... Generating Units, Large Boilers, and Large I/C Engines. Sect .1419......... Nitrogen Oxide Budget 07/15/02 12/27/02, 67 FR 78987........... Trading Program. Sect .1420......... Periodic Review and 07/15/02 12/27/02, 67 FR 78987........... Reallocations. Sect .1421......... Allocations for New 07/15/02 12/27/02, 67 FR 78987........... Growth of Major Point Sources. Sect .1422......... Compliance Supplement 07/15/02 12/27/02, 67 FR 78987........... Pool and Early Emission Reduction Credits. Sect .1423......... Large Internal 07/15/02 12/27/02, 67 FR 78987........... Combustion Engines. ---------------------------------------------------------------------------------------------------------------- Section .1900 Open Burning ---------------------------------------------------------------------------------------------------------------- Sect .1901......... Purpose, Scope, and 07/01/96 08/01/97, 62 FR 41277........... Impermissible Open Burning. Sect .1902......... Definitions........... 01/15/98 11/10/99, 64 FR 61213........... Sect .1903......... Permissible Open 01/15/98 11/10/99, 64 FR 61213........... Burning Without a Permit. Sect .1904......... Air Curtain Burners... 07/01/96 08/01/97, 62 FR 41277........... ---------------------------------------------------------------------------------------------------------------- Section .2000 Transportation Conformity ---------------------------------------------------------------------------------------------------------------- Sect .2001......... Purpose, Scope and 04/01/99 12/27/02, 67 FR 78983........... Applicability. Sect .2002......... Definitions........... 04/01/99 12/27/02, 67 FR 78983........... Sect .2003......... Transportation 04/01/99 12/27/02, 67 FR 78983........... Except for the Conformity incorporation by Determination. reference of 40 CFR 93.104(e) of the Transportation Conformity Rule. Sect .2004......... Determining 04/01/99 12/27/02, 67 FR 78983........... Transportation Related Emissions. Sect .2005......... Memorandum of 04/01/99 12/27/02, 67 FR 78983........... Agreement. ---------------------------------------------------------------------------------------------------------------- Subchapter 2Q Air Quality Permits ---------------------------------------------------------------------------------------------------------------- Section .0100 General Provisions ---------------------------------------------------------------------------------------------------------------- Sect .0101......... Required Air Quality 03/20/98 11/10/99, 64 FR 61213........... Permits. Sect .0102......... Activities Exempted 07/01/02 12/27/02, 67 FR 78980........... from Permit Requirements. Sect .0103......... Definitions........... 05/01/99 10/22/02, 67 FR 64989........... Sect .0104......... Where to Obtain and 07/01/02 12/27/02, 67 FR 78980........... File Permit Applications. Sect .0105......... Copies of Referenced 08/15/94 02/01/96, 61 FR 3584............ Documents. Sect .0106......... Incorporation by 08/15/94 02/01/96, 61 FR 3584............ Reference. Sect .0107......... Confidential 05/01/99 10/22/02, 67 FR 64989........... Information. Sect .0108......... Delegation of 03/15/98 11/10/99, 64 FR 61213........... Authority. Sect .0109......... Compliance Schedule 04/01/01 08/08/02, 67 FR 51461........... for Previously Exempted Activities. Sect .0110......... Retention of Permit at 08/15/94 02/01/96, 61 FR 3584............ Permitted Facility. Sect .0111......... Applicability 08/15/94 02/01/96, 61 FR 3584............ Determinations. ---------------------------------------------------------------------------------------------------------------- Section .0200 Permit Fees ---------------------------------------------------------------------------------------------------------------- Sect .0207......... Annual Emissions 01/15/98 11/10/99, 64 FR 61213........... Reporting. ---------------------------------------------------------------------------------------------------------------- Section .0300 Construction and Operating Permits ---------------------------------------------------------------------------------------------------------------- Sect .0301......... Applicability......... 07/01/94 07/28/95, 60 FR 38710........... Sect .0303......... Definitions........... 07/01/94 07/28/95, 60 FR 38710........... Sect .0304......... Applications.......... 07/01/99 10/22/02, 67 FR 64989........... Sect .0305......... Application Submittal 07/01/94 07/28/95, 60 FR 38710........... Content. Sect .0306......... Permits Requiring 07/01/99 10/22/02, 67 FR 64989........... Public Participation. Sect .0307......... Public Participation 01/15/98 11/10/99, 64 FR 61213........... Procedures. Sect .0308......... Final Action on Permit 07/01/94 07/28/95, 60 FR 38710........... Applications. Sect .0309......... Termination, 07/01/99 10/22/02, 67 FR 64989........... Modification and Revocation of Permits. Sect .0310......... Permitting of Numerous 07/01/94 07/28/95, 60 FR 38710........... Similar Facilities. Sect .0311......... Permitting of 07/01/96 08/01/97, 62 FR 41277........... Facilities at Multiple Temporary Sites. Sect .0312......... Application Processing 03/20/98 11/10/99, 64 FR 61213........... Schedule. Sect .0313......... Expedited Application 04/17/97 11/10/99, 64 FR 61213........... Processing Schedule. Sect .0314......... General Permitting 07/01/99 10/22/02, 67 FR 64989........... Requirements. Sect .0315......... Synthetic Minor 07/01/99 10/22/02, 67 FR 64989........... Facilities. Sect .0316......... Administrative Permit 04/01/01 08/08/02, 67 FR 51461........... Amendments. Sect .0317......... Avoidance Conditions.. 04/01/01 08/08/02, 67 FR 51461........... ---------------------------------------------------------------------------------------------------------------- Section .0600 Transportation Facility Procedures ---------------------------------------------------------------------------------------------------------------- Sect .0601......... Purpose of Section and 07/01/94 02/01/96, 61 FR 3584............ Requirements for Permit. Sect .0602......... Definitions........... 07/01/94 02/01/96, 61 FR 3584............ Sect .0603......... Applications.......... 07/28/97 12/31/98, 63 FR 72193........... Sect .0604......... Public Participation.. 07/01/94 02/01/96, 61 FR 3584............ Sect .0605......... Final Action on Permit 07/01/94 02/01/96, 61 FR 3584............ Applications. Sect .0606......... Termination, 07/01/94 02/01/96, 61 FR 3584............ Modification and Revocation of Permits. Sect .0607......... Application Processing 04/17/97 11/10/99, 64 FR 61213........... Schedule. ---------------------------------------------------------------------------------------------------------------- Section .0800 Exclusionary Rules ---------------------------------------------------------------------------------------------------------------- Sect .0801......... Purpose and Scope..... 05/01/99 10/22/02, 67 FR 64989........... Sect .0802......... Gasoline Servicing 08/01/95 09/20/96, 61 FR 49413........... Stations and Dispensing Facilities. Sect .0803......... Coating, Solvent 05/01/99 10/22/02, 67 FR 64989........... Cleaning, Graphic Arts Operations. Sect .0804......... Dry Cleaning 08/01/95 09/20/96, 61 FR 49414........... Facilities. Sect .0805......... Grain Elevators....... 04/01/01 08/08/02, 67 FR 51461........... Sect .0806......... Cotton Gins........... 04/01/02 08/08/02, 67 FR 51461........... Sect .0807......... Emergency Generators.. 04/01/02 08/08/02, 67 FR 51461........... Sect .0808......... Peak Shaving 07/01/99 10/22/02, 67 FR 64989........... Generators. ---------------------------------------------------------------------------------------------------------------- Table 2_EPA Approved Forsyth County Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- Subchapter 3A Air Pollution Control Requirements ---------------------------------------------------------------------------------------------------------------- Section .0100 In General ---------------------------------------------------------------------------------------------------------------- Sect. .0101........ Department Established 06/14/90 05/02/91, 56 FR 20140........... Sect. .0102........ Enforcement of Chapter 06/14/90 05/02/91, 56 FR 20140........... Sect. .0103........ General Powers and 06/14/90 05/02/91, 56 FR 20140........... Duties of Director. Sect. .0104........ Authority of Director 06/14/90 05/02/91, 56 FR 20140........... to Establish Administrative Procedures. Sect. .0105........ Fees for Inspections, 06/14/90 05/02/91, 56 FR 20140........... Permits, and Certificates Required by Chapter. Sect. .0106........ Penalties for 01/17/97 02/17/00, 65 FR 8053............ Violation of Chapter. Sect. .0107........ Civil Relief for 06/14/90 05/02/91, 56 FR 20140........... Violations of Chapter. Sect. .0108........ Chapter Does Not 06/14/90 05/02/91, 56 FR 20140........... Prohibit Private Actions For Relief. Sect. .0109........ Judicial Review of 06/14/90 05/02/91, 56 FR 20140........... Administrative Decisions Rendered Under Chapter. Sect. .0111........ Copies of Referenced 06/14/90 05/02/91, 56 FR 20140........... Federal Regulations. ---------------------------------------------------------------------------------------------------------------- Section .0200 Advisory Board ---------------------------------------------------------------------------------------------------------------- Sect. .0201........ Established; 06/14/90 05/02/91, 56 FR 20140........... Composition; Terms of Members. Sect. .0202........ Secretary............. 06/14/90 05/02/91, 56 FR 20140........... Sect. .0203........ Meetings.............. 06/14/90 05/02/91, 56 FR 20140........... Sect. .0204........ To Serve in Advisory 06/14/90 05/02/91, 56 FR 20140........... Capacity; General Functions. Sect. .0205........ Appeals to and Other 06/14/90 05/02/91, 56 FR 20140........... Appearances Before Board. Sect. .0206........ Opinions Not Binding.. 06/14/90 05/02/91, 56 FR 20140........... ---------------------------------------------------------------------------------------------------------------- Section .0300 Remedies for Enforcement of Standards_Special Orders ---------------------------------------------------------------------------------------------------------------- Sect. .0301........ Applicability......... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0302........ Issuance.............. 06/14/90 05/02/91, 56 FR 20140........... Sect. .0303........ Definitions........... 06/14/90 05/02/91, 56 FR 20140........... Sect. 0304......... Categories of Sources. 06/14/90 05/02/91, 56 FR 20140........... Sect. .0305........ Enforcement Procedures 06/14/90 05/02/91, 56 FR 20140........... Sect. .0306........ Required Procedures 06/14/90 05/02/91, 56 FR 20140........... for Issuance of Special Orders by Consent and Special Orders. Sect. .0307........ Documentation for 06/14/90 05/02/91, 56 FR 20140........... Special Orders. Sect. .0308........ Public Hearing........ 06/14/90 05/02/91, 56 FR 20140........... Sect. .0309........ Compliance Bonds...... 06/14/90 05/02/91, 56 FR 20140........... ---------------------------------------------------------------------------------------------------------------- Section .0400 Forsyth County Air Quality Technical Code ---------------------------------------------------------------------------------------------------------------- Sect. .0401........ Adopted............... 06/14/90 05/02/91, 56 FR 20140........... ---------------------------------------------------------------------------------------------------------------- Subchapter 3B Relationship to State Code ---------------------------------------------------------------------------------------------------------------- Sect. .0101........ In General............ 06/14/90 05/02/91, 56 FR 20140........... Sect. .0102........ Air Pollution Control 06/14/90 05/02/91, 56 FR 20140........... Requirements (Subchapter 3D). Sect. .0103........ Air Quality Permits 06/14/90 05/02/91, 56 FR 20140........... (Subchapter 3Q). ---------------------------------------------------------------------------------------------------------------- Subchapter 3D Air Pollution Control Requirements ---------------------------------------------------------------------------------------------------------------- Section .0100 Definitions and References ---------------------------------------------------------------------------------------------------------------- Sect. .0101........ Definitions........... 11/6/98 02/17/00, 65 FR 8093............ Sect. .0103........ Copies Referenced 06/14/90 05/02/91, 56 FR 20140........... Federal Regulations. Sect. .0104........ Incorporation by 05/24/99 10/22/02, 67 FR 64994........... Reference. ---------------------------------------------------------------------------------------------------------------- Section .0200 Air Pollution Sources ---------------------------------------------------------------------------------------------------------------- Sect. .0201........ Classification of Air 06/14/90 05/02/91, 56 FR 20140........... Pollution Sources. Sect. .0202........ Registration of Air 06/14/90 05/02/91, 56 FR 20140........... Pollution Sources. ---------------------------------------------------------------------------------------------------------------- Section .0300 Air Pollution Emergencies ---------------------------------------------------------------------------------------------------------------- Sect. .0301........ Purpose............... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0302........ Episode Criteria...... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0303........ Emission Reduction 06/14/90 05/02/91, 56 FR 20140........... Plans. Sect. .0304........ Preplanned Abatement 06/14/90 05/02/91, 56 FR 20140........... Program. Sect. .0305........ Emission Reduction 06/14/90 05/02/91, 56 FR 20140........... Plan: Alert Level. Sect. .0306........ Emission Reduction 06/14/90 05/02/91, 56 FR 20140........... Plan: Warning Level. Sect. .0307........ Emission Reduction 06/14/90 05/02/91, 56 FR 20140........... Plan: Emergency Level. ---------------------------------------------------------------------------------------------------------------- Section .0400 Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- Sect. .0401........ Purpose............... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0402........ Sulfur Oxides......... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0403........ Total Suspended 06/14/90 05/02/91, 56 FR 20140........... Particulates. Sect. .0404........ Carbon Monoxide....... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0405........ Ozone................. 05/24/99 10/22/02, 67 FR 64994........... Sect. .0407........ Nitrogen Dioxide...... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0408........ Lead.................. 06/14/90 05/02/91, 56 FR 20140........... Sect. .0409........ PM 10 Particulate 06/14/90 05/02/91, 56 FR 20140........... Matter. Sect. .0410........ PM 2.5 Particulate 05/24/99 10/22/02, 67 FR 64994........... Matter. ---------------------------------------------------------------------------------------------------------------- Section .0500 Emission Control Standards ---------------------------------------------------------------------------------------------------------------- Sect. .0501........ Compliance With 05/24/99 10/22/02, 67 FR 64994........... Emission Control Standards. Sect. .0502........ Purpose............... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0503........ Particulates From Fuel 05/24/99 10/22/02, 67 FR 64994........... Burning Indirect Heat Exchangers. Sect. .0504........ Particulates from Wood 07/22/02 9/16/03, 68 FR 54166............ Repealed. Burning Indirect Heat Exchangers. Sect. .0506........ Particulates from Hot 11/6/98 02/17/00, 65 FR 8053............ Mix Asphalt Plants. Sect. .0507........ Particulates from 11/6/98 02/17/00, 65 FR 20140........... Chemical Fertilizer Manufacturing Plants. Sect. .0508........ Particulates from Pulp 11/6/98 2/17/00, 65 FR 8053............. and Paper Mills. Sect. .0509........ Particulates from MICA 11/6/98 2/17/00, 65 FR 8053............. or FELDSPAR Processing Plants. Sect. .0510........ Particulates from 11/6/98 2/17/00, 65 FR 8053............. Sand, Gravel, or Crushed Stone Operations. Sect. .0511........ Particulates from 11/6/98 2/17/00, 65 FR 8053............. Lightweight Aggregate Processes. Sect. .0512........ Particulates from Wood 11/6/98 2/17/00, 65 FR 8053............. Products Finishing Plants. Sect. .0513........ Particulates From 06/14/90 05/02/91, 56 FR 20140........... Portland Cement Plants. Sect. .0514........ Particulates From 06/14/90 05/02/91, 56 FR 20140........... Ferrous Jobbing Foundries. Sect. .0515........ Particulates from 11/6/98 2/17/00, 65 FR 8053............. Miscellaneous Industrial Processes. Sect. .0516........ Sulfur Dioxide 11/6/98 2/17/00, 65 FR 8053............. Emissions from Combustion Sources. Sect. .0517........ Emissions from Plants 11/6/98 2/17/00, 65 FR 8053............. Producing Sulfuric Acid. Sect. .0519........ Control of Nitrogen 06/14/90 05/02/91, 56 FR 20140........... Dioxide and Nitrogen Oxides Emissions. Sect. .0521........ Control of Visible 11/6/98 2/17/00, 65 FR 8053............. Emissions. Sect. .0522........ Control and 06/14/90 05/02/91, 56 FR 20140........... Prohibition of Odorous Emissions. Sect. .0524........ New Source Performance 06/14/90 05/02/91, 56 FR 20140........... Standards. Sect. .0527........ Emissions from 06/14/90 05/02/91, 56 FR 20140........... Spodumene Ore Roasting. Sect .0528......... Total Reduced Sulfur 06/14/90 05/02/91, 56 FR 20140........... from Kraft Pulp Mills. Sect .0529......... Flouride Emissions 06/14/90 05/02/91, 56 FR 20140........... from Primary Aluminum24 Reduction Plants. Sect. .0530........ Prevention of 10/10/97 12/31/98 63 FR 72190............ Significant Deterioration. Sect. .0531........ Sources in 11/6/98 2/17/00 65 FR 8053.............. Nonattainment Areas. Sect. .0532........ Sources Contributing 06/14/90 05/02/91, 56 FR 20140........... to an Ambient Violation. Sect. .0533........ Stack Heights......... 06/14/ 05/02/91, 56 FR 20140........... 1990 Sect. .0534........ Flouride Emissions 06/14/90 05/02/91, 56 FR 20140........... From Phosphate Fertilizer Industry. Sect. .0535........ Excess Emissions 11/6/98 2/17/00 65 FR 8053.............. Reporting and Malfunctions. Sect. .0536........ Particulate Emissions 06/14/90 05/02/91, 56 FR 20140........... From Electric Utility Boilers. Sect. .0537........ Control of Mercury 06/14/90 05/02/91, 56 FR 20140........... Emissions. Sect. .0538........ Control of Ethylene 06/14/90 05/02/91, 56 FR 20140........... Oxide Emissions. Sect. .0539........ Odor Control of Feed 06/14/90 05/02/91, 56 FR 20140........... Ingredient Manufacturing Plants. Sect. .0540........ Particulates from 06/14/90 05/02/91, 56 FR 20140........... Fugitive Non-Process Dust Emission Sources. Sect. .0541........ Control of Emissions 06/14/90 05/02/91, 56 FR 20140........... from Abrasive Blasting. Sect. .0542........ Control of Particulate 06/14/90 05/02/91, 56 FR 20140........... Emissions from Cotton Ginning Operations. Sect. .0542........ Control of Particulate 7/22/02 9/16/03, 68 FR 54166............ Repealed. Emissions from Cotton Ginning Operations. ---------------------------------------------------------------------------------------------------------------- Section .0600 Monitoring: Recordkeeping: Reporting ---------------------------------------------------------------------------------------------------------------- Sect. .0601........ Purpose and Scope..... 05/24/99 10/22/02, 67 FR 64994........... Sect. .0602........ Definitions........... 05/24/99 10/22/02, 67 FR 64994........... Sect. .0604........ Exceptions to 05/24/99 10/22/02, 67 FR 64994........... Monitoring and Reporting Requirements. Sect. .0605........ General Recordkeeping 05/24/99 10/22/02, 67 FR 64994........... and Reporting Requirements. Sect. .0606........ Sources Covered By 05/24/99 10/22/02, 67 FR 64994........... Appendix P of 40 CFR Part 51. Sect. .0607........ Large Wood and Wood- 05/24/99 10/22/02, 67 FR 64994........... fossil Fuel Combination Units. Sect. .0611........ Monitoring Emissions 05/24/99 10/22/02, 67 FR 64994........... From Other Sources. Sect. .0612........ Alternative Monitoring 05/24/99 10/22/02, 67 FR 64994........... and Reporting Procedures. Sect. .0613........ Quality Assurance 05/24/99 10/22/02, 67 FR 64994........... Program. Sect. .0614........ Compliance Assurance 05/24/99 10/22/02, 67 FR 64994........... Monitoring. Sect. .0615........ Delegation............ 06/14/90 05/02/91, 56 FR 20140........... ---------------------------------------------------------------------------------------------------------------- Section .0800 Transportation Facilities ---------------------------------------------------------------------------------------------------------------- Sect. .0801........ Purpose and Scope..... 06/14/90 05/02/91 56 FR 20140............ Sect. .0802........ Definitions........... 06/14/00 05/02/91, 56 FR 20140........... Sect. .0803........ Highway Projects...... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0804........ Airport Facilities.... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0805........ Parking Facilities.... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0806........ Ambient Monitoring and 06/14/90 05/02/91, 56 FR 20140........... Modeling Analysis. ---------------------------------------------------------------------------------------------------------------- Section .0900 Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- Sect. .0901........ Definitions........... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0902........ Applicability......... 10/10/97 12/31/98, 63 FR 72190........... Sect. .0903........ Recordkeeping: 05/24/99 10/22/02, 67 FR 64994........... Reporting: Monitoring. Sect. .0906........ Circumvention......... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0909........ Compliance Schedules 11/6/98 2/17/00, 65 FR 8053............. for Sources in New Nonattainment Areas. Sect. .0912........ General Provisions on 06/14/90 05/02/91, 56 FR 20140........... Test Methods and Procedures. Sect. .0913........ Determination of 06/14/90 05/02/91, 56 FR 20140........... Volatile Content of Surface Coatings. Sect. .0914........ Determination of VC 11/6/98 2/17/00, 65 FR 8053............. Emission Control System Efficiency. Sect. .0915........ Determination of 06/14/90 05/02/91, 56 FR 20140........... Solvent Metal Cleaning VOC Emissions. Sect. .0916........ Determination: VOC 06/14/90 05/02/91, 56 FR 20140........... Emissions from Bulk Gasoline Terminals. Sect. .0917........ Automobile and Light- 06/14/90 05/02/91, 56 FR 20140........... Duty Truck Manufacturing. Sect. .0918........ Can Coating........... 06/14/ 05/02/91, 56 FR 20140........... 1990 Sect. .0919........ Coil Coating.......... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0920........ Paper Coating......... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0921........ Fabric and Vinyl 06/14/90 05/02/91, 56 FR 20140........... Coating. Sect. .0922........ Metal Furniture 06/14/90 05/02/91, 56 FR 20140........... Coating. Sect. .0923........ Surface Coating of 06/14/90 05/02/91, 56 FR 20140........... Large Appliances. Sect. .0924........ Magnet Wire Coating... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0925........ Petroleum Liquid 06/14/90 05/02/91, 56 FR 20140........... Storage in Fixed Roof Tanks. Sect. .0926........ Bulk Gasoline Plants.. 06/14/90 05/02/91, 56 FR 20140........... Sect. .0927........ Bulk Gasoline 7/22/02 9/16/03, 68 FR 54166............ Terminals. Sect. .0928........ Gasoline Service 06/14/90 05/02/91, 56 FR 20140........... Stations Stage I. Sect. .0930........ Solvent Metal Cleaning 06/14/90 05/02/91, 56 FR 20140........... Sect. .0931........ Cutback Asphalt....... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0932........ Gasoline Truck Tanks 7/22/02 9/16/03, 68 FR 54166............ and Vapor Collection Systems. Sect. .0933........ Petroleum Liquid 06/14/90 05/02/91, 56 FR 20140........... Storage in External Floating Roof Tanks. Sect. .0934........ Coating of 06/14/90 05/02/91, 56 FR 20140........... Miscellaneous Metal Parts and Products. Sect. .0935........ Factory Surface 06/14/90 05/02/91, 56 FR 20140........... Coating of Flat Wood Paneling. Sect. .0936........ Graphic Arts.......... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0937........ Manufacture of 06/14/90 05/02/91, 56 FR 20140........... Pneumatic Rubber Tires. Sect. .0939........ Determination of 06/14/90 05/02/91, 56 FR 20140........... Volatile Organic Compound Emissions. Sect. .0940........ Determination of Leak 06/14/90 05/02/91, 56 FR 20140........... Tightness and Vapor Leaks. Sect. .0941........ Alternative Method for 06/14/90 05/02/91, 56 FR 20140........... Leak Tightness. Sect. .0942........ Determination of 06/14/90 05/02/91, 56 FR 20140........... Solvent in Filter Waste. Sect. .0943........ Synthetic Organic 06/14/90 05/02/91, 56 FR 20140........... Chemical and Polymer Manufacturing. Sect. .0944........ Manufacture of 06/14/90 05/02/91, 56 FR 20140........... Polyethelene, Polypropylene and Polystyrene. Sect. .0945........ Petroleum Dry Cleaning 06/14/90 05/02/91, 56 FR 20140........... Sect. .0947........ Manufacture of 06/14/90 05/02/91, 56 FR 20140........... Sythesized Pharmaceutical Products. Sect. .0948........ VOC Emissions from 06/14/90 05/02/91, 56 FR 20140........... Transfer Operations. Sect. .0949........ Storage of 06/14/90 05/02/91, 56 FR 20140........... Miscellaneous Volatile Organic Compounds. Sect. .0951........ Miscellaneous Volatile 06/14/90 05/02/91, 56 FR 20140........... Organic Compound Emissions. Sect. .0952........ Petition for 11/29/95 5/23/96, 61 FR 25789............ Alternative Controls. Sect. .0953........ Vapor Return Piping 11/6/98 2/17/00, 65 FR 8053............. for Stage II Vapor Recovery. Sect. .0954........ Stage II Vapor 10/10/97 12/31/98, 63 FR 72190........... Recovery. Sect. .0955........ Thread Bonding 11/29/95 5/23/96, 61 FR 25789............ Manufacturing. Sect. .0956........ Glass Christmas 11/29/95 5/23/96, 61 FR 25789............ Ornament Manufacturing. Sect. .0957........ Commercial Bakeries... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0958........ Work Practices for 06/14/90 05/02/91, 56 FR 20140........... Sources of Volatile Organic Compounds. ---------------------------------------------------------------------------------------------------------------- Section .1200 Control of Emissions from Incinerators 111(a) ---------------------------------------------------------------------------------------------------------------- Sect. .1201........ Purpose and Scope..... 06/14/90 05/02/91, 56 FR 20140........... Sect. .1202........ Definitions........... 06/14/90 05/02/91, 56 FR 20140........... ---------------------------------------------------------------------------------------------------------------- Section .1900 Open Burning ---------------------------------------------------------------------------------------------------------------- Sect. .1901........ Purpose, Scope, and 07/01/96 08/01/97, 62 FR 41277........... Impermissible Open Burning. Sect. .1902........ Definitions........... 06/14/90 05/02/91, 56 FR 20140........... Sect. .1903........ Permissible Open 10/25/99 08/08/02, 67 FR 51763........... Burning. Sect. .1904........ Air Curtain Burners... 06/14/90 05/02/91, 56 FR 20140........... Sect. .1905........ Office Location....... 06/14/90 05/02/91, 56 FR 20140........... ---------------------------------------------------------------------------------------------------------------- Subchapter 3Q Air Quality Permits ---------------------------------------------------------------------------------------------------------------- Section .0100 General Provisions ---------------------------------------------------------------------------------------------------------------- Sect. .0101........ Required Air Quality 11/6/98 2/17/00, 65 FR 8053............. Permits. Sect. .0102........ Activities Exempted 7/22/02 9/16/03, 68 FR 54166............ From Permit Requirements. Sect. .0103........ Definitions........... 05/24/99 10/22/02, 67 FR 64994........... Sect. .0104........ Where to Obtain and 10/10/97 12/31/98, 63 FR 72190........... File Permit Applications. Sect. .0107........ Confidential 05/24/99 10/22/02, 67 FR 64994........... Information. ---------------------------------------------------------------------------------------------------------------- Section .0200 Permit Fees ---------------------------------------------------------------------------------------------------------------- Sect. .0207........ Annual Emissions 11/6/98 2/17/00, 65 FR 8053............. Reporting. ---------------------------------------------------------------------------------------------------------------- Section .0300 Construction and Operation Permit ---------------------------------------------------------------------------------------------------------------- Sect. .0301........ Applicability......... 11/6/98 2/17/00, 65 FR 8053............. Sect. .0302........ Facilities Not Likely 11/6/98 2/17/00, 65 FR 8053............. to Contravene Demonstration. Sect. .0303........ Definitions........... 06/14/90 05/02/91, 56 FR 20140........... Sect. .0304........ Applications.......... 07/01/99 10/22/02, 67 FR 64994........... Sect. .0305........ Application Submittal 06/14/90 05/02/91, 56 FR 20140........... Content. Sect. .0306........ Permits Requiring 07/01/99 10/22/02, 67 FR 64994........... Public Participation. Sect. .0307........ Public Participation 10/10/97 12/31/98, 63 FR 72190........... Procedures. Sect. .0308........ Final Action on Permit 03/14/95 02/01/96, 61 FR 3586............ Applications. Sect. .0309........ Termination, 07/01/99 10/22/02, 67 FR 64994........... Modification and Revocation of Permits. Sect. .0310........ Permitting of Numerous 06/14/90 05/02/91,56 FR 20140............ Similar Facilities. Sect. .0311........ Permitting of 06/14/90 05/02/91, 56 FR 20140........... Facilities at Multiple Temporary Site. Sect. .0312........ Application Processing 11/6/98 2/17/00, 65 FR 8053............. Schedule. Sect. .0314........ General Permit 05/24/99 10/22/02, 67 FR 64994........... Requirements. Sect. .0315........ Synthetic Minor 07/01/99 10/22/02, 67 FR 64994........... Facilities. ---------------------------------------------------------------------------------------------------------------- Section .0800 Exclusionary Rules ---------------------------------------------------------------------------------------------------------------- Sect. .0801........ Purpose and Scope..... 05/24/99 10/22/02, 67 FR 64994........... Sect. .0802........ Gasoline Service 06/14/90 05/02/91, 56 FR 20140........... Stations and Dispensing Facilities. Sect. .0803........ Coating, Solvent 05/24/99 12/31/98, 63 FR 72193........... Cleaning, Graphic Arts Operations. Sect. .0804........ Dry Cleaning 06/14/90 05/02/91, 56 FR 20140........... Facilities. Sect. .0805........ Grain Elevators....... 11/6/98 02/17/00, 65 FR 8093............ Sect. .0806........ Cotton Gins........... 11/6/98 02/17/00, 65 FR 8093............ Sect. .0807........ Emergency Generators.. 11/6/98 02/17/00, 65 FR 8093............ Sect. .0808........ Peak Shaving 07/01/99 10/22/02, 67 FR 64990........... Generators. ---------------------------------------------------------------------------------------------------------------- Table 3_EPA Approved Mecklenburg County Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- Article 1.000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain Sources, Title V and Toxic Air Pollutants ---------------------------------------------------------------------------------------------------------------- Section 1.5100 General Provisions and Administrations ---------------------------------------------------------------------------------------------------------------- 1.5101.......................... Declaration of Policy... 06/14/1990 05/02/91, 56 FR 20140. 1.5102.......................... Definition of Terms..... 11/21/2000 10/22/02, 67 FR 64999. 1.5103.......................... Enforcement Agency...... 06/14/1990 05/02/91, 56 FR 20140. 1.5104.......................... General Duties and 06/14/1990 05/02/91, 56 FR Powers of the Director, 20140. With the Approval of the Board. 1.5111.......................... General Recordkeeping, 07/01/96 06/30/03, 68 FR Reporting and 38632. Monitoring Requirements. ---------------------------------------------------------------------------------------------------------------- Section 1.5200 Air Quality Permits ---------------------------------------------------------------------------------------------------------------- 1.5210.......................... Purpose and Scope....... 06/14/1990 05/02/91, 56 FR 20140. 1.5211.......................... Applicability........... 11/21/2000 10/22/02, 67 FR 64999. 1.5212.......................... Applications............ 07/01/96 06/30/03, 68 FR 38632. 1.5213.......................... Action on Application; 07/01/96 06/30/03, 68 FR Issuance of Permit. 38632. 1.5214.......................... Commencement of 07/01/96 06/30/03, 68 FR Operation. 38632. 1.5215.......................... Application Processing 07/01/96 06/30/03, 68 FR Schedule. 38632. 1.5216.......................... Incorporated By 06/06/1994 07/28/95, 60 FR Reference. 38715. 1.5217.......................... Confidential Information 06/14/1990 05/02/91, 56 FR 20140. 1.5218.......................... Compliance Schedule for 06/14/1990 05/02/91, 56 FR Previously Exempted 20140. Activities. 1.5219.......................... Retention of Permit at 06/06/1994 07/28/95, 60 FR Permitted Facility. 38715. 1.5220.......................... Applicability 06/14/1990 05/02/91, 56 FR Determinations. 20140. 1.5221.......................... Permitting of Numerous 06/06/1994 07/28/95, 60 FR Similar Facilities. 38715. 1.5222.......................... Permitting of Facilities 06/06/1994 07/28/95, 60 FR at Multiple Temporary 38715. Sites. 1.5230.......................... Permitting Rules and 06/14/1990 05/02/91, 56 FR Procedures. 20140. 1.5231.......................... Permit Fees............. 07/01/96 06/30/03, 68 FR 38632. 1.5232.......................... Issuance, Revocation, 07/01/96 06/30/03, 68 FR and Enforcement of 38632. Permits. 1.5234.......................... Hearings................ 06/06/1994 07/28/95, 60 FR 38715. 1.5235.......................... Expedited Application 06/14/1990 05/02/91, 56 FR Processing Schedule. 20140. ---------------------------------------------------------------------------------------------------------------- Section 1.5300 Enforcement; Variances; Judicial Review ---------------------------------------------------------------------------------------------------------------- 1.5301.......................... Special Enforcement 06/14/1990 05/02/91, 56 FR Procedures. 20140. 1.5302.......................... Criminal Penalties...... 06/14/1990 05/02/91, 56 FR 20140. 1.5303.......................... Civil Injunction........ 06/14/1990 05/02/91, 56 FR 20140. 1.5304.......................... Civil Penalties......... 06/14/1990 05/02/91, 56 FR 20140. 1.5305.......................... Variances............... 07/01/96 06/30/03, 68 FR 38632. 1.5306.......................... Hearings................ 07/01/96 06/30/03, 68 FR 38632. 1.5307.......................... Judicial Review......... 06/14/1990 05/02/91, 56 FR 20140. ---------------------------------------------------------------------------------------------------------------- Section 1.5600 Transportation Facility Procedures ---------------------------------------------------------------------------------------------------------------- 1.5604.......................... Public Participation.... 07/01/96 06/30/03, 68 FR 38632. 1.5607.......................... Application Processing 07/01/96 06/30/03, 68 FR Schedule. 38632. ---------------------------------------------------------------------------------------------------------------- Article 2.0000 Air Pollution Control Regulations and Procedures Section 2.0100 Definitions And References ---------------------------------------------------------------------------------------------------------------- 2.0101.......................... Definitions............. 06/14/1990 05/02/91, 56 FR 20140. 2.0104.......................... Incorporated By 06/14/1990 05/02/91, 56 FR Reference. 20140. ---------------------------------------------------------------------------------------------------------------- Section 2.0200 Air Pollution Sources ---------------------------------------------------------------------------------------------------------------- 2.0201.......................... Classification of Air 06/14/1990 05/02/91, 56 FR Pollution Sources. 20140. 2.0202.......................... Registration of Air 06/14/1990 05/02/91, 56 FR Pollution Sources. 20140. ---------------------------------------------------------------------------------------------------------------- Section 2.0300 Air Pollution Emergencies ---------------------------------------------------------------------------------------------------------------- 2.0301.......................... Purpose................. 06/14/1990 05/02/91, 56 FR 20140. 2.0302.......................... Episode Criteria........ 06/14/1990 05/02/91, 56 FR 20140. 2.0303.......................... Emission Reduction Plans 06/14/1990 05/02/91, 56 FR 20140. 2.0304.......................... Preplanned Abatement 06/14/1990 05/02/91, 56 FR Program. 20140. 2.0305.......................... Emission Reduction Plan: 06/14/1990 05/02/91, 56 FR Alert Level. 20140. 2.0306.......................... Emission Reduction Plan: 06/14/1990 05/02/91, 56 FR Warning Level. 20140. 2.0307.......................... Emission Reduction Plan: 06/14/1990 05/02/91, 56 FR Emergency Level. 20140. ---------------------------------------------------------------------------------------------------------------- Section 2.0400 Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- 2.0401.......................... Purpose................. 06/14/1990 05/02/91, 56 FR 20140. 2.0402.......................... Sulfur Oxides........... 06/14/1990 05/02/91, 56 FR 20140. 2.0403.......................... Total Suspended 06/14/1990 05/02/91, 56 FR Particulates. 20140. 2.0404.......................... Carbon Monoxide......... 06/14/1990 05/02/91, 56 FR 20140. 2.0405.......................... Ozone................... 06/14/1990 05/02/91, 56 FR 20140. 2.0407.......................... Nitrogen Dioxide........ 06/14/1990 05/02/91, 56 FR 20140. 2.0408.......................... Lead.................... 06/14/1990 05/02/91, 56 FR 20140. 2.0409.......................... PM10 Particulate Matter. 06/14/1990 05/02/91, 56 FR 20140. ---------------------------------------------------------------------------------------------------------------- Section 2.0500 Emission Control Standards ---------------------------------------------------------------------------------------------------------------- 2.0501.......................... Compliance With Emission 06/14/1990 05/02/91, 56 FR Control Standards. 20140. 2.0502.......................... Purpose................. 06/14/1990 05/02/91, 56 FR 20140. 2.0503.......................... Particulates from Fuel 06/14/1990 05/02/91, 56 FR Burning Indirect Heat 20140. Exchangers. 2.0504.......................... Particulates from Wood 06/14/1990 05/02/91, 56 FR Burning Indirect Heat 20140. Exchangers. 2.0506.......................... Particulates from Hot 06/14/1990 05/02/91, 56 FR Mix Asphalt Plants. 20140. 2.0507.......................... Particulates from 06/14/1990 05/02/91, 56 FR Chemical Fertilizer 20140. Manufacturing Plants. 2.0508.......................... Particulates from Pulp 06/14/1990 05/02/91, 56 FR and Paper Mills. 20140. 2.0509.......................... Particulates from Mica 06/14/1990 05/02/91, 56 FR or Feldspar Processing 20140. Plants. 2.0510.......................... Particulates from Sand, 06/14/1990 05/02/91, 56 FR Gravel, or Crushed 20140. Stone Operations. 2.0511.......................... Particulates from 06/14/1990 05/02/91, 56 FR Lightweight Aggregate 20140. Processes. 2.0512.......................... Particulates from Wood 06/14/1990 05/02/91, 56 FR Products Finishing 20140. Plants. 2.0513.......................... Particulates from 06/14/1990 05/02/91, 56 FR Portland Cement Plants. 20140. 2.0514.......................... Particulates from 06/14/1990 05/02/91, 56 FR Ferrous Jobbing 20140. Foundries. 2.0515.......................... Particulates from 06/14/1990 05/02/91, 56 FR Miscellaneous 20140. Industrial Processes. 2.0516.......................... Sulfur Dioxide Emissions 06/14/1990 05/02/91, 56 FR from Combustion Sources. 20140. 2.0517.......................... Emissions From Plants 06/14/1990 05/02/91, 56 FR Producing Sulfuric Acid. 20140. 2.0518.......................... Miscellaneous Volatile 11/21/2000 10/22/02, 67 FR Organic Compound 64999. Emissions. 2.0519.......................... Control of Nitrogen 06/14/1990 05/02/91, 56 FR Dioxide and Nitrogen 20140. Oxides Emissions. 2.0523.......................... Control of Conical 11/21/2000 10/22/02, 67 FR Incinerators. 64999. 2.0527.......................... Emissions from Spodumene 06/14/1990 05/02/91, 56 FR Ore Roasting. 20140. 2.0530.......................... Prevention of 06/14/1990 05/02/91, 56 FR Significant 20140. Deterioration. 2.0531.......................... Sources in Nonattainment 06/14/1990 05/02/91, 56 FR Areas. 20140. 2.0532.......................... Sources Contributing to 06/14/1990 05/02/91, 56 FR an Ambient Violation. 20140. 2.0533.......................... Stack Height............ 06/14/1990 05/02/91, 56 FR 20140. 2.0535.......................... Excess Emissions 06/14/1990 05/02/91, 56 FR Reporting and 20140. Malfunctions. 2.0538.......................... Control of Ethylene 06/14/1990 05/02/91, 56 FR Oxide Emissions. 20140. 2.0539.......................... Odor Control of Feed 06/14/1990 05/02/91, 56 FR Ingredient 20140. Manufacturing Plants. ---------------------------------------------------------------------------------------------------------------- Section 2.0600 Monitoring: Recordkeeping: Reporting ---------------------------------------------------------------------------------------------------------------- 2.0601.......................... Purpose and Scope....... 06/14/1990 05/02/91, 56 FR 20140. 2.0602.......................... Definitions............. 06/14/1990 05/02/91, 56 FR 20140. 2.0604.......................... Exceptions to Monitoring 06/14/1990 05/02/91, 56 FR and Reporting 20140. Requirements. 2.0605.......................... General Recordkeeping 06/14/1990 05/02/91, 56 FR and Reporting 20140. Requirements. 2.0606.......................... Sources Covered by 06/14/1991 05/02/91, 56 FR Appendix P of 40 CFR 20140. Part 51. 2.0607.......................... Large Wood and Wood- 06/14/1990 05/02/91, 56 FR Fossil Fuel Combination 20140. Units. 2.0608.......................... Other Large Coal or 06/14/1990 05/02/91, 56 FR Residual Oil Burners. 20140. 2.0610.......................... Delegation Federal 11/21/2000 10/22/02, 67 FR Monitoring Requirements. 64999. 2.0611.......................... Monitoring Emissions 06/14/1990 05/02/91, 56 FR From Other Sources. 20140. 2.0612.......................... Alternative Monitoring 06/14/1990 05/02/91, 56 FR and Reporting 20140. Procedures. 2.0613.......................... Quality Assurance 06/14/1990 05/02/91, 56 FR Program. 20140. 2.0614.......................... Compliance Assurance 06/14/1990 05/02/91, 56 FR Monitoring. 20140. 2.0615.......................... Delegation.............. 06/14/1990 05/02/91, 56 FR 20140. ---------------------------------------------------------------------------------------------------------------- Section 2.0800 Transportation Facilities ---------------------------------------------------------------------------------------------------------------- 2.0801.......................... Purpose and Scope....... 06/14/1990 05/02/91, 56 FR 20140. 2.0802.......................... Definitions............. 06/14/1990 05/02/91, 56 FR 20140. 2.0803.......................... Highway Projects........ 06/14/1990 05/02/91, 56 FR 20140. 2.0804.......................... Airport Facilities...... 06/14/1990 05/02/91, 56 FR 20140. ---------------------------------------------------------------------------------------------------------------- Section 2.0900 Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- 2.0901.......................... Definitions............. 03/01/1991 06/23/94, 59 FR 32362. 2.0902.......................... Applicability........... 11/21/2000 10/22/02, 67 FR 64999. 2.0903.......................... Recordkeeping: 07/01/1991 06/23/94, 59 FR Reporting: Monitoring. 32362. 2.0906.......................... Circumvention........... 06/14/1990 05/02/91, 56 FR 20140. 2.0907.......................... Equipment Installation 06/14/1990 05/02/91, 56 FR Compliance Schedule. 20140. 2.0909.......................... Compliance Schedules for 06/14/1990 05/02/91, 56 FR Sources In New 20140. Nonattainment Areas. 2.0910.......................... Alternate Compliance 06/14/1990 05/02/91, 56 FR Schedule. 20140. 2.0912.......................... General Provisions on 07/01/1991 06/23/94, 59 FR Test Methods and 32362. Procedures. 2.0913.......................... Determination of 03/01/1991 06/23/94, 59 FR Volatile Content of 32362. Surface Coatings. 2.0914.......................... Determination of VOC 06/14/1990 05/02/91, 56 FR Emission Control System 20140. Efficiency. 2.0915.......................... Determination of Solvent 06/14/1990 05/02/91, 56 FR Metal Cleaning VOC 20140. Emissions. 2.0916.......................... Determination: VOC 06/14/1990 05/02/91, 56 FR Emissions From Bulk 20140. Gasoline Terminals. 2.0917.......................... Automobile and Light- 06/14/1990 05/02/91, 56 FR Duty Truck 20140. Manufacturing. 2.0918.......................... Can Coating............. 06/14/1990 05/02/91, 56 FR 20140. 2.0919.......................... Coil Coating............ 06/14/1990 05/02/91, 56 FR 20140. 2.0920.......................... Paper Coating........... 06/14/1990 05/02/91, 56 FR 20140. 2.0921.......................... Fabric and Vinyl Coating 06/14/1990 05/02/91, 56 FR 20140. 2.0922.......................... Metal Furniture Coating. 06/14/1990 05/02/91, 56 FR 20140. 2.0923.......................... Surface Coating of Large 06/14/1990 05/02/91, 56 FR Appliances. 20140. 2.0924.......................... Magnet Wire Coating..... 06/14/1990 05/02/91, 56 FR 20140. 2.0925.......................... Petroleum Liquid Storage 06/14/1990 05/02/91, 56 FR in Fixed Roof Tanks. 20140. 2.0926.......................... Bulk Gasoline Plants.... 06/14/1990 05/02/91, 56 FR 20140. 2.0927.......................... Bulk Gasoline Terminals. 06/14/1990 05/02/91, 56 FR 20140. 2.0928.......................... Gasoline Service 06/14/1990 05/02/91, 56 FR Stations Stage I. 20140. 2.0929.......................... Petroleum Refinery...... 06/14/1990 05/02/91, 56 FR 20140. 2.0930.......................... Solvent Metal Cleaning.. 06/14/1990 05/02/91, 56 FR 20140. 2.0931.......................... Cutback Asphalt......... 06/14/1990 05/02/91, 56 FR 20140. 2.0932.......................... Gasoline Truck Tanks and 06/14/1990 05/02/91, 56 FR Vapor Collection 20140. Systems. 2.0933.......................... Petroleum Liquid Storage 06/14/1990 05/02/91, 56 FR in External Floating 20140. Roof Tanks. 2.0934.......................... Coating of Miscellaneous 06/14/1990 05/02/91, 56 FR Metal Parts and 20140. Products. 2.0935.......................... Factory Surface Coating 06/14/1990 05/02/91, 56 FR of Flat Wood Paneling. 20140. 2.0936.......................... Graphic Arts............ 06/14/1990 05/02/91, 56 FR 20140. 2.0937.......................... Manufacture of Pneumatic 06/14/1990 05/02/91, 56 FR Rubber Tires. 20140. 2.0939.......................... Determination of 06/14/1990 05/02/91, 56 FR Volatile Organic 20140. Compound Emissions. 2.0940.......................... Determination of Leak 06/14/1990 05/02/91, 56 FR Tightness and Vapor 20140. Leaks. 2.0941.......................... Alternative Method for 06/14/1990 05/02/91, 56 FR Leak Tightness. 20140. 2.0942.......................... Determination of Solvent 06/14/1990 05/02/91, 56 FR in Filter Waste. 20140. 2.0943.......................... Synthetic Organic 06/14/1990 05/02/91, 56 FR Chemical and Polymer 20140. Manufacturing. 2.0944.......................... Manufacture of 06/14/1990 05/02/91, 56 FR Polyethylene, 20140. Polypropylene and Polystyrene. 2.0945.......................... Petroleum Dry Cleaning.. 06/14/1990 05/02/91, 56 FR 20140. ---------------------------------------------------------------------------------------------------------------- (d) [Reserved] (e) EPA Approved North Carolina Non-regulatory Provisions. EPA Approved North Carolina Non-regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State EPA approval Provision effective date date Federal Register citation ---------------------------------------------------------------------------------------------------------------- Capital Area, North Carolina Interagency 1/01/02 12/27/02 67 FR 78986 Transportation Conformity Memorandum of Agreement. Durham-Chapel Hill Interagency 1/01/02 12/27/02 67 FR 78986 Transportation Conformity Memorandum of Agreement. Winston-Salem Interagency Transportation 1/01/02 12/27/02 67 FR 78986 Conformity Memorandum of Agreement. High Point Interagency Transportation 1/01/02 12/27/02 67 FR 78986 Conformity Memorandum of Agreement. Greensboro Interagency Transportation 1/01/02 12/27/02 67 FR 78986 Conformity Memorandum of Agreement. Gaston, North Carolina Interagency 1/01/02 12/27/02 67 FR 78986 Transportation Conformity Memorandum of Agreement. Mecklenburg-Union Interagency 08/07/03 09/15/03 68 FR 53887 Transportation Conformity Memorandum of Agreement. 10 Year Maintenance Plan Update for the 6/4/04 9/20/04 69 FR 56163 Raleigh/Durham Area. 10 Year Maintenance Plan Update for the 6/4/04 9/20/04 69 FR 56163 Greensboro/Winston-Salem/High Point Area. Attainment Demonstration of the Mountain, 12/21/04 9/21/05 70 FR 48874 Unifour, Triad and Fayetteville Early Action Compact Areas. ---------------------------------------------------------------------------------------------------------------- [64 FR 27467, May 20, 1999, as amended at 64 FR 55834, Oct. 15, 1999; 65 FR 60102, Oct. 10, 2000; 65 FR 63678, Oct. 24, 2000; 66 FR 34118, June 27, 2001; 67 FR 51463, Aug. 8, 2002; 67 FR 51764, Aug. 9, 2002; 67 FR 64991, 64995, 65000, Oct. 22, 2002; 67 FR 64991, 66058, Oct. 30, 2002; 67 FR 78982, 78986, 78988, Dec. 27, 2002; 68 FR 38632, June 30, 2003; 68 FR 40783, July 9, 2003; 68 FR 46480, Aug. 6, 2003; 68 FR 53887, Sept. 15, 2003; 68 FR 54166, Sept. 16, 2003; 68 FR 54364, Sept. 17, 2003; 68 FR 66351, Nov. 26, 2003; 69 FR 56169, Sept. 20, 2004; 70 FR 8293, Feb. 18, 2005; 70 FR 48877, Aug. 22, 2005; 70 FR 61560, Oct. 25, 2005] § 52.1771 Classification of regions. top The North Carolina plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Western Mountain Intrastate.......................... I III III III III Eastern Mountain Intrastate.......................... I III III III III Metropolitan Charlotte Interstate.................... I II III III I Northern Piedmont Intrastate......................... I III III III III Eastern Piedmont Intrastate.......................... I III III III III Northern Coastal Intrastate.......................... I III III III III Southern Coastal Intrastate.......................... II III III III III Sandhills Intrastate................................. II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10884, May 31, 1972] § 52.1772 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves North Carolina's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. (b) New Source review permits issued pursuant to section 173 of the Clean Air Act will not be deemed valid by EPA unless the provisions of Section V of the Emission Offset (Interpretative Rule) published on January 16, 1979 (44 FR 3274) are met. [45 FR 26043, Apr. 17, 1980] §§ 52.1773-52.1774 [Reserved] top § 52.1775 Rules and regulations. top Paragraph (g) of regulation 2D.0535 is disapproved because its automatic exemption for excess emissions during startup and shutdown is inconsistent with the Clean Air Act. [51 FR 32075, Sept. 9, 1986] §§ 52.1776-52.1777 [Reserved] top § 52.1778 Significant deterioration of air quality. top (a)–(b) [Reserved] (c) All applications and other information required pursuant to §52.21 of this part from sources located or to be located in the State of North Carolina shall be submitted to the North Carolina Environmental Management Commission, Department of Natural and Economic Resources, Division of Environmental Management, P.O. Box 27687, Raleigh, NC 27611. Attention: Air Quality Section, instead of the EPA Region IV office. [43 FR 26410, June 19, 1978, as amended at 47 FR 7837, Feb. 23, 1982] § 52.1779 [Reserved] top § 52.1780 VOC rule deficiency correction. top The revisions submitted to EPA for approval on September 21, 1989, January 14, 1991, April 29, 1991, August 13, 1991, and July 19, 1993, were intended to correct deficiencies cited in a letter calling for the State to revise its SIP for O3 from Greer C. Tidwell, EPA Regional Administrator to Governor James C. Martin on May 25, 1988, and clarified in a letter from Winston A. Smith, EPA Region IV Air Division Director to the Chief of the Air Quality Section, North Carolina Division of Environmental Management. The deficiency in the following aspect of the rule has not been corrected. (a) Procedures used to determine capture control device efficiency should be contained in 2D.0914. This deficiency must be corrected as soon as EPA issues final guidance on Capture Efficiency regulations. (b) [Reserved] [59 FR 32365, June 23, 1994] § 52.1781 Control strategy: Sulfur oxides and particulate matter. top (a) The plan's control strategy for particulate matter as outlined in the three-year variance for the coal-fired units of Duke Power Company and Carolina Power & Light Company from the particulate emission limits of Regulation 15 N.C.A.C. 2D.0503, with submittals on June 18, September 7, October 31, and December 14, 1979, by the North Carolina Department of Natural Resources and Community Development, is disapproved only insofar that it provides an exemption for excess emissions during periods of startup, shutdown, and verified malfunction. (See §52.1770(c)(22).) (b) The plan's control strategy for particulate matter as contained in regulation 15 NCAC 2D.0536, which was submitted on January 24 and February 21, 1983, and on December 17, 1985, and became effective on August 1, 1987, is disapproved insofar as it provides annual opacity limits for the seven plants of Duke Power Company and for Plants Roxboro and Cape Fear of Carolina Power and Light Company. (c) The plan's control strategy for particulate matter as contained in revisions to 15 NCAC 2D.0536 submitted on January 24, 1983, February 21, 1983, and December 17, 1985, is disapproved as it applies to the Carolina Power and Light Asheville, Lee, Sutton and Weatherspoon Plants. These plants will continue to be subject to the particulate limits of 15 NCAC 2D.0503, contained in the original SIP, submitted to EPA on January 27, 1972, and approved on May 31, 1982 at 47 FR 10884. (d) In letters dated February 4, 1987, and June 15, 1987, the North Carolina Department of Natural Resources and Community Development certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. [45 FR 55425, Aug. 20, 1980, as amended at 53 FR 11071, Apr. 5, 1988; 53 FR 22488, June 16, 1988; 54 FR 9434, Mar. 7, 1989; 54 FR 13185, Mar. 31, 1989] § 52.1783 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of North Carolina” and all revisions submitted by North Carolina that were federally approved prior to December 1, 1998. (b) The plan was officially submitted on January 27, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Miscellaneous non-regulatory additions to the plan submitted on May 5, 1972, by the North Carolina Department of Natural and Economic Resources. (2) Letter indicating procurement of additional monitors submitted on May 9, 1972, by the North Carolina Department of Natural and Economic Resources. (3) Compliance schedules submitted on February 13, 1973, by the North Carolina Department of Natural and Economic Resources. (4) Compliance schedules submitted on February 14, 1973, by the North Carolina Department of Natural and Economic Resources. (5) Compliance schedules submitted on March 2, 1973, by the North Carolina Department of Natural and Economic Resources. (6) Compliance schedules submitted on April 24, 1973, by the North Carolina Department of Natural and Economic Resources. (7) Compliance schedules submitted on November 2, 1973, by the North Carolina Department of Natural and Economic Resources. (8) Indirect source review regulation No. 9 submitted on November 16, 1973, by the North Carolina Department of Natural and Economic Resources. (9) Compliance schedules submitted on November 20, 1973, by the North Carolina Department of Natural and Economic Resources. (10) Revisions to indirect source review regulation No. 9 and AQMA identification material submitted on April 1, 1974, by the North Carolina Department of Natural and Economic Resources. (11) Compliance schedules submitted on May 13, 1974, by the North Carolina Department of Natural and Economic Resources. (12) Compliance schedules submitted on November 7, 1974, by the North Carolina Department of Natural and Economic Resources. (13) AQMA identification material submitted on November 22, 1974, by the North Carolina Department of Natural and Economic Resources. (14) Compliance schedules submitted on November 27, 1974, by the North Carolina Department of Natural and Economic Resources. (15) Revised ambient SO2 and NO2 standards, submitted on March 23, 1976, by the North Carolina Department of Natural and Economic Resources. (16) Regulations extending visible emissions standard, adopting EPA's New Source Performance Standards (40 CFR part 60) and revising emission monitoring of stationary sources (40 CFR part 51.19), submitted June 24, 1976, by North Carolina Departmentof Natural and Economic Resources. (17) Letter requesting delegation of Federal authority for the administrative and technical portions of the prevention of significant deterioration program, submitted on June 24, 1976, by the Secretary of the North Carolina Department of Natural andEconomic Resources. (18) Miscellaneous plan revisions, submitted on November 1, 1976, by the North Carolina Department of Natural and Economic Resources. (19) Regulations governing emissions of sulfur dioxide from the roasting of spodumene ore, submitted on February 14, 1978, by the North Carolina Department of Natural Resources and Community Development. (20) Request for an 18-month extension of the statutory timetable for submitting a plan to attain and maintain the secondary ambient standard for particulate matter in the Spruce Pine nonattainment area, submitted on February 1, 1979, by the North Carolina Department of Natural Resources and Community Development. (21) 1979 implementation plan revisions for the Mecklenburg County ozone and carbon monoxide nonattainment areas, including regulations 2D.0901–.0931 and 2H.0608, adopted on June 14, 1979, and submitted on June 15 and July 25, 1979, by the North Carolina Department of Natural Resources and Community Development. (22) Three-year variance for the coal-fired units of Duke Power Company and Carolina Power & Light Company from the particulate emission limits of Regulation 15 N.C.A.C. 2D.0503, with submittals on June 18, September 7, October 31, and December 14, 1979, by the North Carolina Department of Natural Resources and Community Development. (23) Revised regulations 2D.0903 and 2D.0931, adopted on April 10, 1980, and submitted on May 2, 1980, by the North Carolina Department of Natural Resources and Community Development to correct deficiencies in the Part D ozone revisions given conditional approval on April 17, 1980. (24) Corrections in Part D carbon monoxide revisions conditionally approved on April 17, 1980, submitted on May 22 (this submittal included Regulation 2H.0608(g)), July 1, and August 19, 1980, by the North Carolina Department of Natural Resources and Community Development. (25) Miscellaneous revisions submitted on June 15, 1979 (provisions for interstate pollution abatement to satisfy section 126(a) of the Clean Air Act, and revised ambient standard for ozone), and on May 2, 1980 (revision of regulations 2D.0302, .0501, .0524, .0525, and .0603, addition of regulation 2H.0603(f), ambient standard for airborne lead, and provision for public participation to satisfy section 127(a) of the Clean Air Act), by the North Carolina Department of Natural Resources and CommunityDevelopment. (26) Revisions of Section VI, Air Quality Surveillance, of the plan, submitted on August 19, 1980, by the North Carolina Department of Natural Resources and Community Development. (27) Opacity limits for existing kraft pulp mill recovery furnaces (regulation 2D .0508(b)) and revised opacity limitations for other sources (revised regulation 2D .0521), submitted on March 22, 1977, and on April 19, 1978, by the North Carolina Department of Natural Resources and Community Development. (28) Revisions in VOC regulations 2D.0902, .0903, .0905, .0907–.0912, and new VOC regulations 2D.0932–.0942, submitted on June 23, 1980, and revised regulation 2D.0936, submitted on April 29, 1981, by the North Carolina Department of Natural Resources and Community Development. (29) Implementation plan for lead, submitted on May 2, 1980, by the North Carolina Department of Natural Resources and Community Development. (30) Regulation 2D.0530, providing for prevention of significant deterioration, submitted on April 16, 1981, by the North Carolina Department of Natural Resources and Community Development. (31) Addition of regulations 2D.0531 and 2D.0532 to replace repealed regulation 2H.0608, regulations providing for alternative emission reduction options, revised permit regulations (no action is taken on the addition of subdivision (h) to regulation 2H.0603), and miscellaneous other regulation changes, submitted on April 16, 1981, and relaxed annual ambient standard for particulate matter, submitted on September 14, 1981, by the North Carolina Department of Natural Resources and Community Development. (32) Revised SO2 limit for all but 24 (see FR of December 7, 1982) fuel-burning sources (changes in regulations 2D.0511 and .0516), submitted on March 22, 1977, and January 11, 1982, by the North Carolina Department of Natural Resources and Community Development. (33) Permit restricting emissions of SO2 from the Cliffside Steam Plant of Duke Power Company to 2.2 # per million Btu, submitted on September 24, 1982, by the North Carolina Department of Natural Resources and Community Development. (34) Revised SO2 limit for eight fuel-burning sources (See FR of February 10, 1983), submitted on March 22, 1977, and January 11, July 27, and August 26, 1982, by the North Carolina Department of Natural Resources and Community Development. (35) Changes in regulations 2D.0524 and .0603, submitted on September 24, 1982, by the North Carolina Department of Natural Resources and Community Development. (36) Bubble permit for E. I. du Pont de Nemours and Company, Kinston, submitted on May 18, 1983, by the North Carolina Department of Natural Resources and Community Development. (37) 1982 revision of the Part D plan for the Mecklenburg County CO nonattainment area, submitted on June 17, 1982, and April 17, 1984, by the North Carolina Department of Natural Resources and Community Development. (38) Revisions to the North Carolina Administrative Code were submitted to EPA on January 24, 1983. (i) Incorporation by reference. (A) Letter of January 24, 1983 from the North Carolina Department of Natural Resources and Community Development, and the following North Carolina Administrative Code Regulations which were adopted by the Environmental Management Commission on December 9, 1982: 15 NCAC 2D.0501, Compliance With Emission Control Standards 15 NCAC 2D.0503, Control of Particulates from Fuel Burning Sources 15 NCAC 2D.0504, Particulates from Wood Burning Indirect Heat Exchangers 15 NCAC 2D.0530, Prevention of Significant Deterioration 15 NCAC 2D.0531, Sources in Nonattainment Areas 15 NCAC 2D.0532, Sources Contributing to an Ambient Violation 15 NCAC 2D.0606, Other Coal or Residual Oil Burners 15 NCAC 2D.0902, Applicability (Volatile Organic Compounds) 15 NCAC 2H.0603, Applications (Air Quality Permits) (39) Revisions to the North Carolina Administrative Code were submitted to EPA on April 17, 1984. (i) Incorporation by reference. (A) Letter of April 17, 1984 from the North Carolina Department of Natural Resources and Community Development, and the following North Carolina Administrative Code Regulations which were adopted by the Environmental Management Commission on April 12, 1984: 15 NCAC 2D.0101, Definitions and References 15 NCAC 2D.0103, Copies of Referenced Federal Regulations 15 NCAC 2D.0201, Classification of Air Pollution Sources 15 NCAC 2D.0202, Registration of Air Pollution Sources 15 NCAC 2D.0302, Episode Criteria 15 NCAC 2D.0303, Emission Reduction Plans 15 NCAC 2D.0304, Preplanned Abatement Program 15 NCAC 2D.0305, Emission Reduction Plan—Alert Level 15 NCAC 2D.0306, Emission Reduction Plan—Warning Level 15 NCAC 2D.0307, Emission Reduction Plan—Emergency Level 15 NCAC 2D.0401, Purpose (Ambient Air Quality Standards) 15 NCAC 2D.0402, Sulfur Oxides 15 NCAC 2D.0403, Suspended Particulates 15 NCAC 2D.0404, Carbon Monoxide 15 NCAC 2D.0405, Ozone 15 NCAC 2D.0407, Nitrogen Dioxide 15 NCAC 2D.0408, Lead 15 NCAC 2D.0501, Compliance With Emission Control Standards 15 NCAC 2D.0524, New Source Performance Standards 15 NCAC 2D.0601, Purpose and Scope (Monitoring, Reporting) 15 NCAC 2D.0602, Definitions 15 NCAC 2D.0604, Sources Covered by Implementation Plan Requirements 15 NCAC 2D.0605, Wood and Wood—Fossil Fuel Combination Units 15 NCAC 2D.0606, Other Coal or Residual Oil Burners 15 NCAC 2D.0607, Exceptions to Monitoring and Reporting Requirements 15 NCAC 2D.0608, Program Schedule 15 NCAC 2D.0610, Delegation 15 NCAC 2D.0801, Purpose and Scope (Complex Sources) 15 NCAC 2D.0802, Permits 15 NCAC 2D.0803, Highway Projects 15 NCAC 2D.0804, Airport Facilities 15 NCAC 2H.0601, Purpose and Scope (Air Quality Permits) 15 NCAC 2H.0602, Definitions 15 NCAC 2H.0604, Final Action on Permit Applications 15 NCAC 2H.0605, Issuance, Revocation and Enforcement of Permits 15 NCAC 2H.0606, Delegation of Authority 15 NCAC 2H.0607, Copies of Referenced Documents (ii) Additional material. (A) The following regulations were repealed by the Environmental Management Commission on April 12, 1984: 15 NCAC 2D.0102, Phrases 15 NCAC 2D.0406, Hydrocarbons 15 NCAC 2D.0603, Sources Covered by National Standards (40) Visibility Impairment Prevention Program and visibility new source review regulations were submitted to EPA on April 15, 1985. (i) Incorporation by reference. (A) Letter of April 15, 1985, from the North Carolina Department of Natural Resources and Community Development, and the following North Carolina Administrative Code revisions which were adopted by the Environmental Management Commission on April 11, 1985: 15 NCAC 2D.0530, Prevention of Significant Deterioration 15 NCAC 2D.0531, Sources in Nonattainment Areas. (ii) Additional material. (A) Narrative submittal, titled “Visibility Impairment Prevention Program for Federal Class I Areas,” adopted by the Environmental Management Commission on April 11, 1985. (41) [Reserved] (42) A new regulation covering malfunctions, (2D.0535 (a)—(f)), and the repeal of a malfunction rule for VOC sources (2D.0904) which were submitted to EPA on January 24, 1983. (2D.0535(g) covering startups and shutdowns as submitted on April 17, 1984, is disapproved.) (i) Incorporation by reference. (A) New malfunction regulation 15 NCAC 2D.0535 paragraphs (a)–(f), as adopted by the Environmental Management Commission on December 9, 1982. (ii) Additional material. (A) Letter from Robert F. Helms, Director, Division of Environmental Management, dated January 24, 1983. (43) Revisions to the North Carolina Administrative Code were submitted to EPA on March 18, 1985. (i) Incorporation by reference. (A) Changes in the following regulations were adopted by the Environmental Management Commission on March 14, 1985: 15 NCAC 2D.0606, Other Coal or Residual Oil Burners 15 NCAC 2D.0939, Determination of Volatile Organic Compound Emissions (B) The following new regulations were adopted by the Environmental Management Commission on March 14, 1985: 15 NCAC 2D.0943, Synthetic Organic Chemical and Polymer Manufacturing 15 NCAC 2D.0944, Manufacturing of Polyethylene, Polypropylene, and Polystyrene 15 NCAC 2D.0945, Petroleum Dry Cleaning (ii) Other material—none. (44) Revisions to the North Carolina Administrative Code were submitted to EPA on April 15, 1985. (i) Incorporation by reference. (A) Changes in the following regulations were adopted by the Environmental Management Commission on April 11, 1985: 15 NCAC 2D.0202, Registration of Air Pollution Sources 15 NCAC 2D.0501, Compliance with Emission Control Standards (except the changes to paragraph (f)(1)(A)) 15 NCAC 2D.0503, Control of Particulates from Fuel Burning Indirect Heat Exchangers 15 NCAC 2D.0504, Particulates from Wood Burning Indirect Heat Exchangers 15 NCAC 2D.0505, Control of Particulates from Incinerators 15 NCAC 2H.0603, (Permit) Applications (ii) Other material—none. (45) SO2 revisions for Alba Waldensian and Valdese Manufacturing which were submitted by the North Carolina Department of Natural Resources and Community Development on April 2, 1986. (i) Incorporation by reference. (A) Letter of April 2, 1986, from the North Carolina Department of Natural Resources and Community Development. (B) Permits for Alba Waldensian (2 plants) and Valdese Manufacturing which were issued by the Environmental Management Commission on July 23, 1986, March 11, 1987, and August 1, 1985, respectively. (ii) Additional material—none. (46) SO2 and particulate revision for Appalachian State University which was submitted by the North Carolina Department of Natural Resources and Community Development on July 26, 1985, and June 7, 1988. (i) Incorporation by reference. (A) Letters of July 26, 1985 and June 7, 1988 from the North Carolina Department of Natural Resources and Community Development. (B) Permit for Appalachian State University (No. 3990R4) which was issued by the Environnental Management Commission on July 19, 1985, and amended on June 7, 1988. (ii) Additional material—none. (47) Revisions to Title 15 of the North Carolina Administrative Code (15 NCAC) which were submitted to EPA on December 17, 1984. (i) Incorporation by reference. (A) Letter of December 17, 1984, from the North Carolina Division of Environmental Management and amendments to the following regulations which were adopted by the North Carolina Environmental Management Commission on November 8, 1984: 2D.0501—Compliance with Emission Control Standards 2D.0506—Control of Particulates from Hot Mix Asphalt Plants 2D.0507—Particulates from Chemical Fertilizer Manufacturing Plants 2D.0508—Control of Particulates from Pulp and Paper Mills 2D.0509—Particulates from Mica or Feldspar Processing Plants 2D.0510—Particulates: Sand, Gravel, Crushed Stone Operations 2D.0511—Particulates, SO2 from Lightweight Aggregate Processes 2D.0512—Particulates from Wood Products Finishing Plants 2D.0513—Control of Particulates from Portland Cement Plants 2D.0514—Control of Particulates from Ferrous Jobbing Foundries 2D.0515—Particulates from Miscellaneous Industrial Processes 2D.0516—Sulfur Dioxide Emissions from Fuel-Burning Installations 2D.0517—Emissions from Plants Producing Sulfuric Acid (Except revision to paragraph 2) 2D.0519—Control of Nitrogen Dioxide Emissions 2D.0520—Control and Prohibition of Open Burning 2D.0521—Control of Visible Emissions 2D.0527—Emissions from Spodumene Ore Roasting (Except revision to paragraph 2) 2D.0530—Prevention of Significant Deterioration 2D.0531—Sources in Nonattainment Areas 2D.0532—Sources Contributing to an Ambient Violation 2D.0901—Definitions (Volatile Organic Compounds) 2D.0903—Recordkeeping, Reporting, Monitoring (Volatile Organic Compounds) 2D.0905—Petition for Alternative Controls 2D.0906—Circumvention 2D.0907—Equipment Installation Compliance Schedules 2D.0908—Equipment Modification Compliance Schedules 2D.0909—Low Solvent Content Coating Compliance Schedules 2D.0910—Alternate Compliance Schedules 2D.0912—General Provisions on Test Methods and Procedures 2D.0913—Determination of Volatile Content of Surface Coating 2D.0914—Determination of VOC Emission Control System Efficiency 2D.0915—Determination of Solvent Metal Cleaning VOC Emissions 2D.0916—Determination of VOC Emissions from Bulk Gasoline Terminals 2D.0918—Can Coating 2D.0919—Coil Coating 2D.0920—Paper Coating 2D.0921—Fabric and Vinyl Coating 2D.0922—Metal Furniture Coating 2D.0923—Surface Coating of Large Appliances 2D.0924—Magnet Wire Coating 2D.0925—Petroleum Liquid Storage In Fixed Roof Tanks 2D.0926—Bulk Gasoline Plants 2D.0927—Bulk Gasoline Terminals 2D.0928—Gasoline Service Stations Stage I 2D.0929—Petroleum Refinery Sources 2D.0930—Solvent Metal Cleaning 2D.0931—Cutback Asphalt 2D.0932—Gasoline Truck Tanks and Vapor Collection Systems 2D.0933—Petroleum Liquid Storage In External Floating Roof Tanks 2D.0934—Coating of Miscellaneous Metal Parts and Products 2D.0935—Factory Surface Coating of Flat Wood Paneling 2D.0936—Graphic Arts 2D.0937—Manufacture of Pneumatic Rubber Tires 2D.0938—Perchloroethylene Dry Cleaning System 2D.0939—Determination of Volatile Organic Compound Emissions 2D.0940—Determination of Leak Tightness and Vapor Leaks 2H.0601—Purpose and Scope (Permits) 2H.0604—Final Action on Permit Applications 2H.0605—Issuance, Revocation and Enforcement of Permits (ii) Additional material. (A) Regulation 2D.0609 (Monitoring Condition in Permit) was repealed by the Environmental Management Commission on November 8, 1984. (48) Revision to the North Carolina Administrative Code (15 NCAC) which was submitted to EPA on February 25, 1986. (i) Incorporation by reference. (A) Letter of February 25, 1986, from the North Carolina Division of Environmental Management and the amendment to regulation 2D.0917 (Automobiles and Light-Duty Truck Manufacturing) which was adopted by the North Carolina Environmental Management Commission on February 13, 1986. (ii) Additional material—none. (49) Revision to 15 NCAC 2D.0518 which was submitted by the North Carolina Division of Environmental Management on January 24, 1983. (i) Incorporation by reference. (A) Letter of January 24, 1983 to EPA from the North Carolina Department of Natural Resources and Community Development, and amendments to North Carolina Administrative Code regulation 2D.0518 (Miscellaneous Volatile Organic Compound Emissions) adopted by the Environmental Management Commission on December 9, 1982, which allow alternative control strategies. (ii) Additional material—none. (50) Stack Height regulations were submitted to EPA on September 24, 1982, April 17, 1984, and February 25, 1986, by the North Carolina Department of Natural Resources and Community Development. (i) Incorporation by reference. (A) Regulations 15NCAC 2D.0533 (Stack Height) adopted on September 9, 1982 and Regulations 15NCAC 2H.0603 (Applications) adopted on February 13, 1986 and April 12, 1984, by the Environmental Management Commission. (ii) Other material—none. (51) Revisions to the North Carolina State Implementation Plan were submitted by the State of North Carolina Division of Environmental Management on June 12, 1986. (i) Incorporation by reference. (A) A new regulation entitled Control of Conical Incinerators, 15 NCAC 2D.0523, which became effective on January 1, 1985. (B) A letter dated July 7, 1987, from the State of North Carolina Division of Environmental Management clarifying the adoption and effective dates of 15 NCAC 2D.0523. (ii) Other material—none. (52) Minor revisions to Title 15 of the North Carolina Administrative Code (15 NCAC) were submitted to EPA on February 25, 1986. (i) Incorporation by reference. (A) Letter of February 25, 1986 from the State of North Carolina to EPA, and Amendments in the following regulations which were adopted by the North Carolina Environmental Management Commission on February 13, 1986: 2D.0501 Compliance with Emission Control Standards 2D.0508 Control of Particulates from Pulp and Paper Mills 2D.0509 Particulates from Mica and Feldspar Processing Plants 2D.0514 Control of Particulates from Ferrous Jobbing Foundries 2D.0535 Malfunctions, Startup and Shutdown 2D.0916 Determination: VOC Emissions from Bulk Gasoline Terminals (ii) Other material—none. (53) Revisions to 15 NCAC, regulation 2D.0501 were submitted to EPA on October 14, 1986. (i) Incorporation by reference. (A) Letter of October 14, 1986, from the North Carolina Department of Natural Resources and Community Development, and revisions to 15 NCAC, regulation 2D.0501 which were adopted by the Environmental Management Commission on September 11, 1986. (ii) Additional material—none. (54) Revisions to the visible emission regulations of Title 15 of the North Carolina Administrative Code (15 NCAC) were submitted February 11, 1987. (i) Incorporation by reference. (A) Letter to EPA dated February 11, 1987 and amendments to the following North Carolina Administrative Code regulations: 15 NCAC 2D.0501(c)(8), Compliance with Emission Control Standards; 15 NCAC 2D.0508(b), Control of Emissions from Pulp and Paper Mills; and 15 NCAC 2D.0521 (c), (d), and (f), Control of Visible Emissions, which became effective on August 1, 1987. (ii) Additional material—none. (55) A revised regulation limiting emissions from electric utility boilers was submitted on January 24, 1983, and February 21, 1983, and amended by submittals dated December 17, 1985, and June 19, 1987, by the North Carolina Department of Natural Resources and Community Development. Only the following portions of this regulation are approved: (i) Incorporation by reference. (A) Only those portions of a new regulation, 15 NCAC 2D.0536, entitled “Emissions from Electric Utility Boilers,” which were approved by the Environmental Protection Agency on April 5, 1988. (ii) Other material—none. (56) Revisions to miscellaneous regulations of Title 15 of the North Carolina Administrative Code (15 NCAC) were submitted April 14, 1987. (i) Incorporation by reference. (A) Amendments to the following regulations (15 NCAC) were adopted by the North Carolina Environmental Management Commission on April 9, 1987: 2D.0103—Copies of Referenced Federal Regulations, paragraph (a)(2). 2D.0501—Compliance with Emission Control Standards, paragraph (c)(4). 2D.0505—Control of Particulates from Incinerators, paragraph (b). 2D.0533—Stack Height, paragraph (a)(7). 2H.0607—Copies of Referenced Documents, (a) introductory text and paragraph (a)(2). (B) Letter of April 14, 1987, to EPA from the State of North Carolina Department of Natural Resources and Community Development. (ii) Other material—none. (57) Revisions to 15 NCAC 2D.0501(c)(4) were submitted by the North Carolina Department of Natural Resources and Community Development on December 15, 1987. (i) Incorporation by reference. (A) Letter of December 15, 1987, to the Environmental Protection Agency from the North Carolina Department of Natural Resources and Community Development and revised paragraph (c)(4) of 15 NCAC 2D.0501, adopted by the North Carolina Environmental Management Commission on December 10, 1987. (ii) Additional material—none. (58) North Carolina plan for visibility impairment prevention for federal Class I areas, Part 2, submitted to EPA on December 15, 1987, by the North Carolina Division of Environmental Management (NCDEM) to satisfy the Part 2 visibility requirements including the State's long-term strategy and provisions to satisfy the periodic review requirements. (i) Incorporation by reference. (A) December 15, 1987, letter from the North Carolina Division of Environmental Management. (B) That portion of page II–7 of the North Carolina plan for visibility impairment prevention for federal Class I areas Part 2 containing the periodic review requirements satisfying 40 CFR 51.306(c), adopted by the North Carolina Division of Environmental Management on December 10, 1987. (ii) Additional material. (A) Narrative SIP titled “The North Carolina Plan for Visibility Impairment Prevention for Federal Class I Areas Part 2.” (59) [Reserved] (60) Revisions to 15 NCAC 2D.0103, Copies of Referenced Federal Regulations; 2D.0304, Preplanned Abatement Program; 2D.0604, Sources Covered by Implementation Plan Requirements; 2D.0606, Other Coal or Residual Oil Burners; 2D.0608, Program Schedule; and 2H.0607, Copies of Referenced Documents, were submitted by the North Carolina Department of Natural Resources and Community Development on May 2, 1988. (i) Incorporation by reference. (A) Letter of May 2, 1988 from the North Carolina Department of Natural Resources and Community Development and revised regulations 15 NCAC 2D.0103(a)(6), 2D.0304(a), 2D.0604(b), 2D.0606(a)(4)(E), 2D.0608(b), and 2H.0607(a)(6), adopted by the North Carolina Environmental Management Commission on April 14, 1988. (ii) Additional material—none. (61) Revisions to the SIP including PM10 revisions submitted on May 2, 1988, and July 14, 1989 by the North Carolina Department of National Resources and Community Development. (i) Incorporation by reference. (A) July 1, 1988 revisions to North Carolina Administration Code Regulation No.: 2D.0101—Definitions, (18) and (25)–(33) 2D.0302—Episode criteria, (2)(g), (3)(g), (4) (f) and (g) 2D.0403—Total suspended particulates 2D.0409—Particulate matter 2D.0501—Compliance with emission control standards, (c)(16) 2D.0913—Determination of volatile content of surface coatings 2D.0916—Determination of VOC emissions from bulk gasoline terminals 2D.0939—Determination of volatile organic compound emissions 2D.0940—Determination of leak tightness and vapor leaks 2D.0601—Purpose and scope 2D.0603—Applications, (f) (5) and (6) (B) October 1, 1989 State-effective revisions to North Carolina Administration Code No.: 2D.0104—Adoption by Reference Updates 2D.0530—Prevention of Significant Deterioration, (h) 2D.0531—Sources in Non-Attainment Areas, (d) 2D.0532—Sources Contributing to an Ambient Violation, (d) (ii) Additional material. (A) May 2, 1988 letter from North Carolina Department of Natural Resources and Community Development. (B) July 14, 1989 letter from North Carolina Department of Natural Resources and Community Development (62) Permits for Liggett & Myers and Burlington Industries which were submitted as State Implementation Plant revisions on April 2, 1986, and resubmitted on October 24, 1989. (i) Incorporation by reference. (A) Permit No. 2533R11 for Liggett & Myers Tobacco Company issued on May 22, 1989. (B) Permit No. 4119R5 for Burlington Industries issued on March 3, 1987. (ii) Additional material—none. (63) Miscellaneous revisions to the North Carolina State Implementation Plan which were submitted on July 14, 1989. (i) Incorporation by reference. (A) Revisions to North Carolina Administrative Code which became State effective on October 1, 1989 are as follows: 2D.0401, Purpose, as amended 2D.0404, Carbon Monoxide, as amended 2D.0407, Nitrogen Dioxide, as amended 2D.0501, Compliance with Emission Control Standards, (c)(3) 2D.0511, Particulates from Lightweight Aggregate Processes, (d) 2D.0516, Sulfur Dioxide Emissions from Combustion Sources, (a) 2D.0519, Control of Nitrogen Dioxide and Nitrogen Oxides Emissions, as amended 2H.0601, Purpose and Scope, (a), (c), and (d) 2H.0603, Applications, (d) and (e) 2H.0606, Delegation of Authority, as amended (ii) Additional material. (A) Letter of July 14, 1989 submitting the SIP revisions. (64) Revisions to the North Carolina State Implementation Plan which were submitted on July 15, 1987 and May 25, 1988. (i) Incorporation by reference. (A) Revisions to North Carolina Administrative Code effective as of July 1, 1988, are as follows: 2D.0530, Prevention Of Significant Deterioration, except (h). 2D.0531, Sources in Nonattainment Areas, except (d). 2D.0532, Sources Contributing to an Ambient Violation, except (d). (ii) Additional information—none. (65) Revisions to the North Carolina SIP which include the Forsyth County, Western North Carolina and Mecklenburg County regulations which were submitted on June 14, 1990. (i) Incorporation by reference. (A) The entire set of Forsyth County Air Quality Control Code regulations effective December 19, 1988, except for section 3–152(2), 3–155, 3–158, 3–159, 3–160 and 3–169. (B) The entire set of Western North Carolina regulations effective March 13, 1985 and November 9, 1988, except for Sections 1–137(g), 1–139, 1–144, 1–152(2), 1–158 and 1–159. (C) The entire set of Mecklenburg County regulations effective April 3, 1989, except for Sections 2.0517(2), 2.0524, 2.0525, 2.0528, 2.0529, 2.0534, 2.0537. (ii) Additional material—none. (66) The maintenance plan and emission inventory for Greensboro/Winston-Salem/Highpoint Area which includes Davidson County, Davis County (part) the area bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway 801, Fulton Creek, and back to the Yadkin River, Forsyth County and Guilford County, submitted by the North Carolina Department of Environment, Health, and Natural Resources on November 13, 1992, and June 1, 1993, as part of the North Carolina SIP. (i) Incorporation by reference. (A) Supplement to the Redesignation Demonstration and Maintenance Plan For Raleigh/Durham and Greensboro/Winston-Salem/High Point Ozone Attainment Areas submitted June 1, 1993, and Prepared by the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management, Air Quality Section. The effective date is July 8, 1993. (1) Section 2—Discussion of Attainment. (2) Section 3—Maintenance Plan. (3) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 1990. (4) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 1993. (5) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 1996. (6) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 1999. (7) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 2002. (8) Greensboro/Winston-Salem/High Point Nonattainment Area Emission Summary for 2004. (ii) Other material. None (67) The maintenance plan and emission inventory for the Raleigh/Durham Area which includes Durham County, Wake County, and the Dutchville Township portion of Granville County submitted by the North Carolina Department of Environment, Health, and Natural Resources on November 13, 1992, and June 1, 1993, as part of the North Carolina SIP. (i) Incorporation by reference. (A) Supplement to the Redesignation Demonstration and Maintenance Plan for the Greensboro/Winston-Salem/High Point and Raleigh/Durham Ozone Attainment Areas submitted June 1, 1993, and Prepared by the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management, Air Quality Section. The effective date is July 8, 1993. (1) Section 2—Discussion of Attainment. (2) Section 3—Maintenance Plan. (3) Raleigh/Durham Nonattainment Area Emission Summary for 1990. (4) Raleigh/Durham Nonattainment Area Emission Summary for 1993. (5) Raleigh/Durham Nonattainment Area Emission Summary for 1996. (6) Raleigh/Durham Nonattainment Area Emission Summary for 1999. (7) Raleigh/Durham Nonattainment Area Emission Summary for 2002. (8) Raleigh/Durham Nonattainment Area Emission Summary for 2004. (ii) Other material. None. (68) The North Carolina Department of Environmental Management submitted an Oxygenated Fuel program as part of North Carolina carbon monoxide SIP on November 20, 1992. (i) Incorporation by reference. (A) The North Carolina Environmental Commission regulations 15A NCAC 2D.1301 through .1305 effective September 1, 1992. (B) The North Carolina Gasoline and Oil Board section .0800 through .0806 effective September 1, 1992. (ii) Other material. None. (69) Revisions to the VOC portion of the North Carolina SIP to correct deficiencies submitted on September 21, 1989, January 14, 1991, and April 29, 1991, and July 19, 1993, revisions to VOC regulations of the Mecklenburg County Department of Environmental Protection submitted on August 13, 1991. (i) Incorporation by reference. (A) Amendments to the North Carolina regulations 15 NCAC 2D.0101, .0531, .0901 except (12) and (28), .0913(b), .0917 except (d), .0918 except (d), .0919 except (d), .0920 except (e), .0921 except (d), .0922 except (d), .0923 except (e), .0924 except (d), .0925 except (d)(1), .0926 except (g), .0927, .0928 except (e), .0929 except (d), .0930 except (e)(3) and (f)(2), .0931, .0932, .0933 except (f), .0934 except (e), .0935, .0936, .0937, .0938, .0941, and 2H.0603 effective December 1, 1989. (B) Amendments to the North Carolina regulations 15 NCAC 2D.0901 (28), .0902(c), .0913(a), .0925(d)(1), .0926(g), .0928(e), .0929(d), .0930 (e)(3) and (f)(2), .0933(f), .0943 (a) (8) and (10) which were effective March 1, 1991. (C) Amendments to the North Carolina regulations 15 NCAC 2D.0901(12), .0917(d), .0918(d), .0919(d), .0920(e), .0921(d), .0922(d), .0923(e), .0924(d), and .0934(e) effective on July 1, 1991. (D) Amendments to the North Carolina regulations 15 NCAC 2D.0903 and 2D.0912 effective on July 1, 1993. (E) Amendments to the Mecklenburg County Department of Environmental Protection regulations 2.0901, 2.0902, 2.0913, 2.0925, 2.0926, 2.0928, 2.0929, 2.0930, 2.0933, 2.0934, 2.0943, 2.0944 effective March 1, 1991. (F) Amendments to the Mecklenburg County Department of Environmental Protection regulations 2.0903, 2.0912 effective July 1, 1991. (ii) Other material. None. (70) The minor source operating permit program for Mecklenburg County, North Carolina, submitted by the Mecklenburg County Department of Environmental Protection on November 24, 1993, and as part of the Mecklenburg County portion of the North Carolina SIP. (i) Incorporation by reference. MCAPCO Regulations 1.5211 through 1.5214, 1.5216, 1.5219, 1.5221, 1.5222, 1.5232, 1.5234, and 1.5306 of the Mecklenburg County portion of the North Carolina SIP adopted June 6, 1994. (ii) Other material. None. (71) The PSD NOx increment regulations and other miscellaneous revisions to the North Carolina State Implementation Plan which were submitted on March 3, 1993. (i) Incorporation by reference. (A) North Carolina regulations 15 NCAC 2D.0103, 2D.0104, 2D.0401, 2D.0521, 2D.0530, 2D.0531, 2D.0532, 2H.0603, 2H.0607, and 2H.0609 effective on December 1, 1992. (ii) Other material. None. (72) The NSR regulations to the North Carolina State Implementation Plan which were submitted on January 7, 1994. (i) Incorporation by reference. (A) North Carolina regulations 15A NCAC 2D.0531, and 2D.0532 effective on December 1, 1993. (ii) Other material. (A) Letter of January 7, 1993, from the North Carolina Division of Environmental Management. (73) Revisions to the State of North Carolina State Implementation Plan (SIP) concerning emission statements were submitted on August 15, 1994, by the North Carolina Department of Environment, Health and Natural Resources. (i) Incorporation by reference. Revisions to North Carolina Regulation 15A NCAC 2Q .0207, effective July 1, 1994. (ii) Other material. None. (74) The minor source operating permit programs for the State of North Carolina, Western North Carolina Regional Air Pollution Control Board, and Forsyth County Department of Environmental Affairs submitted by the North Carolina Department of Environment, Health, and Natural Resources on May 31, 1994, June 1, 1994, and September 15, 1994, as part of the North Carolina SIP. (i) Incorporation by reference. (A) Regulations 15A NCAC 2Q.0103, 15A NCAC 2Q.0301, 15A NCAC 2Q.0303 through 15A NCAC 2Q.0311 of the North Carolina SIP as adopted by the North Carolina Environmental Management Commission on May 12, 1994 and which became effective on July 1, 1994. (B) Regulations 15A NCAC 2Q.0103, 15A NCAC 2Q.0301, 15A NCAC 2Q.0303 through 15A NCAC 2Q.0311 of the North Carolina SIP as adopted by reference by the Western North Carolina Regional Air Pollution Control Board (WNCRAPCB) on September 12, 1994 and which were made effective September 12, 1994. (C) Regulations Subchapter 3Q.0103, Subchapter 3Q.0301, Subchapter 3Q.0303 through Subchapter 3Q.0311 of the Forsyth County portion of the North Carolina SIP as adopted and made effective by the Forsyth County Board of Commissioners on May 23, 1994. (ii) Other material. None. (75) The redesignation and maintenance plan for Winston-Salem/Forsyth County submitted by the North Carolina Department of Environmental Management on April 27, 1994, as part of the North Carolina SIP. The emission inventory projections are included in the maintenance plan. (i) Incorporation by reference. (A) Maintenance Plan for the Forsyth County Carbon Monoxide Nonattainment Area adopted on April 14, 1994. (ii) Other material. None. (76) The North Carolina Department of Environment, Health and Natural Resources submitted revisions to the North Carolina State Implementation Plan on November 2, 1989. These revisions incorporate SO2 limits and permit conditions for Texasgulf, Incorporated. (i) Incorporation by reference. (A) Permit for Texasgulf, Incorporated (air permit no. 2331R10) which was issued by the Environmental Management Commission on October 13, 1989. (ii) Additional material-none. (77) Revisions to the VOC RACT regulations, and other miscellaneous revisions to the North Carolina State Implementation Plan which were submitted on January 7, 1994. (i) Incorporation by reference. (A) Amendments to North Carolina regulations 15A NCAC 2D .0518, 2D.0531, 2D.0532, 2D.0901, and 2D.0936, effective on December 1, 1993. (B) Amendments to North Carolina regulations 15A NCAC 2D.0902, 2D.0907, 2D.0910, 2D.0911, 2D.0947, 2D.0948, 2D.0949, 2D.0950, 2D.0951, and 2D.0952 effective on July 1, 1994. (ii) Other material. None. (78) Miscellaneous revisions to the North Carolina State Implementation Plan which were submitted on May 15, 1991. (i) Incorporation by reference. (A) Amendments to North Carolina regulations 15A NCAC 2D.0103, 2D.0503, 2D.0530, 2D.0536, 2H.0601, and 2H.0607, of the North Carolina State Implementation Plan submitted on May 15, 1991, which were state effective on August 1, 1991. (ii) Other material. None (79) The North Carolina Department of Environment, Health and Natural Resources has submitted revisions to the North Carolina SIP on July 19, 1993. These revisions address the requirements of section 507 of title V of the CAA and establish the Small Business Stationary Source Technical and Environmental Assistance Program (PROGRAM). (i) Incorporation by reference. (A) North Carolina's Small Business Stationary Source Technical and Environmental Compliance Assistance Program which was adopted on May 12, 1994. (ii) Other material. None. (80) Modifications to the existing basic I/M program in North Carolina submitted on July 19, 1993, January 17, 1992, and September 24, 1992. Addition of regulations .1001 through .1005 establishes the I/M program. (i) Incorporation by reference. (A) Regulation .1001 and .1003, effective on December 1, 1982. (B) Regulation .1002 effective on July 1, 1994. (C) Regulation .1004 effective on July 1, 1993. (D) Regulation .1005 effective on April 1, 1991. (E) Specification for the North Carolina Analyzer System adopted December 12, 1991. (ii) Other material. None. (81) The VOC revision to the North Carolina State Implementation Plan which were submitted on October 14, 1994. (i) Incorporation by reference. Addition of new North Carolina regulations 15A NCAC 2D .0518 which was state effective on September 1, 1994. (ii) Other material. None. (82) The redesignation and maintenance plan for Raleigh/Durham and Charlotte submitted by the North Carolina Department of Environmental Management on October 7, 1994 and August 9, 1991, as part of the North Carolina SIP. The emission inventory projections are included in the maintenance plans. (i) Incorporation by reference. Section 3 of the Redesignation Demonstration and Maintenance Plan for Raleigh/Durham, Winston-Salem, and Charlotte Carbon Monoxide Nonattainment Area adopted on September 8, 1994. (ii) Other material. None. (83) The maintenance plan and redesignation request for the Charlotte-Gastonia area which include Mecklenburg and Gaston Counties submitted by the State of North Carolina on November 12, 1993. (i) Incorporation by reference. (A) The following subsections of Section 3.0, entitled Maintenance Plan, in the Supplement to the Redesignation Demonstration and Maintenance Plan for the Charlotte/Gaston Ozone Nonattainment Area adopted by the North Carolina Environmental Management Commission on May 11, 1995: 3.1 Concept of North Carolina's Maintenance Plan; 3.2 Foundation Control Program; Table 3.2 of Subsection 3.3; and 3.4 Contingency Plan. (ii) Other material. None. (84) The VOC RACT regulations, NSR regulations, and other miscellaneous revisions to the North Carolina State Implementation Plan which were submitted on August 15, 1994. (i) Incorporation by reference. (A) Addition of new North Carolina regulations 15A NCAC 2D .0805 and .0806 and 15A NCAC 2Q .0101 through .0111, and .0601 through .0607. effective on July 1, 1994. (B) Amendments to North Carolina regulations 15A NCAC 2D .0101, .0501, .0503, .0530, .0531, .0532, .0533, .0601, .0801, .0802, .0803, and .0804 effective on July 1, 1994. (ii) Other material. None. (85) The VOC revisions to the North Carolina State Implementation Plan which were submitted on March 3, 1995, and on May 24, 1995. (i) Incorporation by reference. (A) Regulations 15A NCAC 2D .0955, .0956, and .0957 effective on April 1, 1995. (B) Regulations 15A NCAC 2D .0950, and .0104 effective on May 1, 1995. (ii) Other material. None. (86) The PM–10 rules, Stack Testing Methods and other miscellaneous revisions to the North Carolina State Implementation Plan which were submitted on March 23, 1995. (i) Incorporation by reference. Addition of new North Carolina rules 15A NCAC 2D .0501, .0516, and .0530 which were state effective on February 1, 1995. (ii) Other material. None. (87) Recodifications to the Forsyth County Air Quality Control Ordinance and Technical Code and other miscellaneous revisions to the North Carolina State Implementation Plan which were submitted on March 7, 1995. (i) Incorporation by reference. Forsyth County Air Quality Control Ordinance and Technical Code effective on December 19, 1994. Subchapter 3A, Air Quality Control; Subchapter 3B, Relationship to State Code; Subchapter 3D, Air Pollution Control Requirements; Subchapter 3H, Section .0600 Air Quality Permits; and Subchapter 3Q, Air Quality Permits. (ii) Other material. None. (88) The VOC RACT regulations, NSR regulations, and other miscellaneous revisions to the North Carolina State Implementation Plan which were submitted on August 15, 1994. The Stage II regulations and other miscellaneous revisions to the North Carolina State Implementation Plan which were submitted on May 24, 1995. (i) Incorporation by reference. (A) Regulations 15A NCAC 2D .0531, .0909, .0928, .0932, .0933, and .0953 effective on July 1, 1994. (B) Regulations 15A NCAC 2D .0902, .0907, .0910, .0911, .0952, and .0954 effective on May 1, 1995. (ii) Other material. None. (89) Exclusionary rules for the State of North Carolina Department of Environment, Health, and Natural Resources and the Forsyth County Department of Environmental Affairs submitted by the North Carolina Department of Environment, Health, and Natural Resources on August 8, 1995, and December 28, 1995, respectively, as part of the North Carolina SIP. (i) Incorporation by reference. (A) Regulations 15A NCAC 2Q.0801 through 15A NCAC 2Q.0807 of the North Carolina SIP as adopted by the North Carolina Environmental Management Commission on June 8, 1995, and which became effective on August 1, 1995. (B) Regulations Subchapter 3Q.0801 through Subchapter 3Q.0807 of the Forsyth County portion of the North Carolina SIP as adopted and made effective by the Forsyth County Board of Commissioners on November 13, 1995. (ii) Other material. None. (90) The VOC regulations and other miscellaneous revisions to the Forsyth County Local Implementation Plan which were submitted on December 28, 1995, and November 29, 1995. (i) Incorporation by reference. (A) Amendments to Forsyth County regulations Subchapter 3D .0104(a), .0531 (e)–(k), .0902 (a)–(h), .0907 (a)–(c), .0909 (a, c, d, e, and g), .0910 (a)–(d), .0911, .0950 (a and b), .0952 (a)–(c) and .0954 (f, h, k) adopted into the Air Quality Control Technical Code on November 13, 1995. (B) Amendments to Forsyth County regulations Subchapter 3D .0501 (a)–(h), .0516 (a and b), .0518 (a)–(g), and .0530 (a)–(s), adopted into the Air Quality Control Technical Code on August 14, 1995. (C) Subchapter 3D .0955, .0956, and .0957 adopted into the Air Quality Control Technical Code on August 14, 1995. (ii) Other material. None. (91) The North Carolina Department of Environment, Health and Natural Resources submitted revisions to the North Carolina State Implementation Plan on September 21, 1989. These revisions incorporate SO2 limits and permit conditions for Cape Industries. (i) Incorporation by reference. (A) Permit for Cape Industries (air permit no. 130R17) which was issued by the Environmental Management Commission on December 29, 1994. (ii) Additional material—none. (92)–(93) [Reserved] (94) The miscellaneous revisions to the North Carolina State Implementation Plan, which were submitted on August 16, 1996. (i) Incorporation by reference. Regulations 15A NCAC 2D. 0101 Definitions, .0501 Compliance with Emission Control Standards, .0516 Sulfur Dioxide Emissions Combustion Sources, .0518 Miscellaneous Volatile Organic Compounds Emissions, .0519 Control of Nitrogen Dioxide and Nitrogen Oxides Emissions, .0520 Control and Prohibition of Open Burning, .0521 Control of Visible Emissions, .0531 sources in Nonattainment Areas, .0535 Excess Emissions Reporting and Malfunctions, .0601 Purpose and Scope, .0604 Sources Covered by Implementation Plan Requirements, .0608 Program Schedule, .0804 Airport Facilities, .0805 Parking Facilities, .0901 Definitions, .0902 Applicability, .0917 Automobile and Light-Duty Truck Manufacturing, .0918 Can Coating, .0919 Coil Coating, .0920 Paper Coating, .0921 Fabric and Vinyl Coating, .0922 Metal Furniture Coating, .0923 Surface Coating of Large Appliances, .0924 Magnet Wire Coating, .0926 Bulk Gasoline Plants, .0927 Bulk Gasoline Terminals, .0928 Gasoline Service Stations Stage 1, .0929 Petroleum Refinery Sources, .0934 Coating of miscellaneous Metal Parts and Products, .0935 Factory Surface Coating of Flat Wood Paneling, .0937 Manufacture of Pneumatic Rubber Tires, .0951 Miscellaneous Volatile Organic Compound Emissions, .0953 Vapor Return Piping for Stage II Vapor Recovery, .0954 Stage II Vapor Recovery, .1901, Purpose, Scope, and Impermissible Open Burning, .1902 Definitions, .1903 Permissible Open Burning Without a Permit, .1904 Air Curtain Burners. 15A NCAC 2Q .0103 Definitions, .0109 Compliance Schedule for Previously Exempted Activities, .0207 Annual Emissions Reporting, and .0311 permitting of Facilities at Multiple Temporary Sites effective on July 1, 1996. (ii) Other material. None. (95) [Reserved] (96) The miscellaneous revisions to the North Carolina State Implementation Plan, which were submitted on October 10, 1997. (i) Incorporation by reference. Subchapter 31A—Air Quality Control .0110 CFR Dates and .0112 ASTM Dates effective on July 28, 1997. Subchapter 3D—Air Pollution Control Requirements .0501(g); Compliance With Emission Control Standards .0512 Particulate From Wood Products Finishing Plants, .0518(e) and (g); Miscellaneous Volatile Organic Compound Emissions, .0530(a), (1), (o), and (s); Prevention of Significant Deterioration, .0902(a) through (i); Applicability, .0907 Compliance Schedules for Sources in Nonattainment Areas, .0909(a) through (c), (g) and (h); Compliance Schedules for Sources in New Nonattainment Areas, .0910 Alternative Compliance Schedules, .0911 Exception From Compliance Schedules, .0954(a) and (f) Stage II Vapor Recovery, and .1903(b)(2)(E); Permissible Open Burning effective on July 28, 1997. Subchapter 3Q—Air Quality Permits .0102(a) through (e); Activities Exempt From Permit Requirements, .0104(b); Where to Obtain and File Permit Applications, .0107(b); Confidential Information, .0307(i); Public Participation Procedures, .0312(a)(1)(C); Application Processing Schedule, .0603(e); Transportation Facility Procedures .803(f)(2) (A) through (C) Coating, Solvent Cleaning, and Graphic Arts Operations effective on July 28, 1997. (ii) Other material. None. (97) The miscellaneous revisions to the Forsyth County Local Implementation Plan, which were submitted on January 17, 1997 and November 6, 1998. (i) Incorporation by reference. (A) 3D .0104 Incorporation By Reference 3D .0531; Sources In Nonattainment Areas; 3D .0907, Compliance Schedules for Sources in Nonattainment Areas; 3D .0909, Compliance Schedules for Sources in New Nonattainment Areas; 3D .0910 Alternative Compliance Schedules; 3D .0911 Exception From Compliance Schedules; 3D .0950 Interim Standards for Certain Source Categories; 3D .0952 Petition For Alternative Controls; 3D .0954 Stage II Vapor Recovery and 3Q Section .0800 Exclusionary Rules effective on November 13, 1995. (B) 3A .0106 Penalties for Violation of Chapter; 3A .0110 CFR Dates; and 3A .0112 ASTM Dates; 3D.0101 Definitions; 3D .0506, Particulates from Hot Mix Asphalt Plants; 3D .0507, Particulates From Chemical Fertilizer Manufacturing Plants; 3D .0508 Particulates From Pulp and Paper Mills; 3D .0509 Particulates From Mica or Feldspar Processing Plants; 3D .0510 Particulates from Sand, Gravel, or Crushed Stone Operations and 3D .0511 Particulates from Lightweight Aggregate Processes 3D .0515 Particulates From Miscellaneous Industrial Processes; 3D .0521, Control of Visible Emissions; 3D .0535, Excess Emissions Reporting and Malfunctions; 3D .0914 Determination of VOC Emission Control System Efficiency; 3D .0927 Bulk Gasoline Terminals; 3D .0938 Perchloroethylene Dry Cleaning System (Repealed); 3D .0953 Vapor Return Piping for Stage II Vapor Recovery 3Q .0101 Required Air Quality Permits; 3Q .0102 Activities Exempted From Permit Requirements; 3Q . 0103 Definitions; 3Q .0207 Annual Emissions Reporting; 3Q .0301 Applicability; 3Q .0302 Facilities not Likely to Contravene Demonstration; 3Q .0306 Permits Requiring Public Participation; 3Q .0312 Application Processing Schedule; 3Q .0607 Application Processing Schedule; 3Q .0805 Grain Elevators; 3Q .0806 Cotton Gin; and 3Q .0807 Emergency Generators effective on September 14, 1998. (ii) Other material. None. [37 FR 10884, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1783, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart JJ—North Dakota top § 52.1820 Identification of plan. top (a) Title of plan: “Implementation Plan for the Control of Air Pollution for the State of North Dakota.” (b) The plan was officially submitted on January 24, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Air quality maintenance area designation submitted June 26, 1974, by the Governor. (2) Compliance schedules submitted on June 14, 1973, by the Governor. (3) Provision for public notice and comment on new source reviews and a revised compliance schedule submitted on February 19, 1974, by the Governor. (4) Clarification concerning the revision of the secondary particulate standard attainment date submitted on November 21, 1974, by the Governor. (5) Explanation of why sources could not comply by the original attainment date submitted April 23, 1975, by the State Department of Health. (6) Revisions to the North Dakota Century Code making emission data public information and revising penalties, revised new source performance standards, emission standards for hazardous air pollutants, and prevention of significant air quality deterioration regulations submitted on May 26, 1976, by the Governor. (7) Supplemental information stating that the complete new source application would be available for public review submitted August 23, 1976 by the State Department of Health. (8) A revised compliance schedule for the Basin Electric Power Plant at Velva submitted on December 22, 1976, by the Governor. (9) Requirements for continuous opacity monitoring by 7 sources submitted on May 26, 1977, by the Governor. (10) Provisions to meet the requirements of Part C, Title I, and section 110 of the Clean Air Act, as amended in 1977, were submitted on July 17, 1978. (11) On January 25, 1980, the Governor submitted a plan revision to meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart C, §58.20, and Public Notification required under section 127 of the Clean Air Act. (12) A revision requiring flares to meet 20% opacity and have automatic ignitors or pilots, increasing construction permit fees to $75.00 and establishing annual permit to operate fees was submitted on May 6, 1982 by the Governor. (13) [Reserved] (14) Revisions to the Prevention of Significant Deterioration requirements in Chapter 33–15–15 of the North Dakota regulations were submitted on October 28, 1982 by the Governor, with supplemental information submitted on July 5, 1983, March 8, 1984 and June 20, 1984, by the State Agency. (15) A revision to the SIP was submitted by the Governor on January 26, 1988, for visibility monitoring and New Source Review. (i) Incorporation by reference. (A) In a letter dated January 26, 1988, Governor George A. Sinner submitted a SIP revision for visibility protection. (B) The SIP revision for visibility protection, “Chapter 6, Air Quality Surveillance, Section 6.10, Visibility Monitoring” and “Chapter 33–15–19, Visibility Protection”, became effective on October 1, 1987, through action by the North Dakota Legislative Council. (16) On January 26, 1988, the Governor submitted a plan adding Stack Height Regulations, Chapter 33–15–18. (i) Incorporation by reference. (A) Addition to North Dakota Air Pollution Control Rules Chapter 33–15–18, Stack Heights, was adopted on July 21, 1987 and effective on October 1, 1987. (17) In a letter dated April 18, 1986, the Director of the Division of Environmental Engineering, North Dakota Department of Health, submitted the stack height demonstration analysis with supplemental information submitted on July 21, 1987. EPA is approving the demonstration analysis for all of the stacks. (i) Incorporation by reference. (A) Stack height demonstration analysis submitted by the State on April 18, 1986 and July 21, 1987. (18) On January 26, 1988, the Governor of North Dakota submitted revisions to the plan. The revisions established new regulations and revised existing regulations and procedures. (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Rules of the State of North Dakota Chapters 33–15–01, 33–15–02, 33–15–03, 33–15–04, 33–15–05, 33–15–07, 33–15–10, 33–15–11, 33–15–14, and 33–15–15, inclusive, and the addition of a new chapter 33–15–20 which were effective on October 1, 1987. (19) On April 18, 1989, the Governor of North Dakota submitted revisions to the plan. The revisions included updates to existing regulations and the Group III PM10 plan. (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Rules of the State of North Dakota Chapters, 33–15–01, 33–15–02, 33–15–4, 33–15–07, 33–15–10, 33–15–11, 33–15–14, and 33–15–15, inclusive, which were effective on January 1, 1989. (ii) Additional material. (A) August 22, 1989 letter from Dana K. Mount, Director of the Division of Environmental Engineering, to Doug Skie, EPA. (B) August 28, 1989 letter from Dana K. Mount, Director of the Division of Environmental Engineering, to Laurie Ostrand, EPA. (C) September 5, 1989 letter from Terry O'Clair, Assistant Director of the Division of Environmental Engineering, to Laurie Ostrand, EPA. (20) On June 26, 1990, the Governor of North Dakota submitted revisions to the plan. The revisions include amendments to the prevention of significant deterioration of air quality (PSD) regulations to incorporate the nitrogen dioxide (NO2) increments and to make several “housekeeping” modifications. (i) Incorporation by reference. (A) Revisions to the North Dakota Administrative Code, Chapter 33–15–15, Prevention of Significant Deterioration of Air Quality, effective June 1, 1990. (ii) Additional material. (A) October 22, 1990, letter from Douglas Skie, EPA, to Dana Mount, Director, Division of Environmental Engineering, North Dakota State Department of Health and Consolidated Laboratories. (B) November 6, 1990 letter from Dana Mount, Director, Division of Environmental Engineering, North Dakota State Department of Health and Consolidated Laboratories, to Douglas Skie, EPA. (21) On June 26, 1990, the Governor of North Dakota submitted revisions to the plan for new source performance standards. (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Rules of the State of North Dakota Chapter 33–15–12 which was effective on June 1, 1990. (ii) Additional material. (A) January 7, 1991, letter from James J. Scherer, EPA, to George A. Sinner, Governor, State of North Dakota, on the authority for implementation and enforcement of the New Source Performance Standards (NSPS) for 40 CFR part 60, subpart QQQ. (22) On June 26, 1990, the Governor of North Dakota submitted revisions to the plan. The revisions include amendments to the hydrogen sulfide standard and the format of other ambient standards, and various other minor changes. (i) Incorporation by reference. (A) Revisions to the North Dakota Administrative Code: General Provisions 33–15–01–04.30, 33–15–01–07.2, 33–15–01–08, 33–15–01–15.2, 33–15–01–17; Ambient Air Quality Standards 33–15–02 Table 1 standards for sulfur dioxide, hydrogen sulfide, carbon monoxide, ozone, and nitrogen dioxide; Emissions of Particulate Matter Restricted 33–15–05–02.2e, Table 4; Control of Pesticides 33–15–10–02.5; Designated Air Contaminant Sources, Permit to Construct, Permit to Operate 33–15–14–02.4.a and b, 33–15–14–02.5.a, 33–15–14–05.1.b(3); Control of Emissions from Oil and Gas Well Production Facilities 33–15–20–01.1, 33–15–20–01.2.l and m, 33–15–20–02.1, 33–15–20–03.1, 2, and 3, 33–15–20–04; effective June 1, 1990. (ii) Additional material. Letter dated February 14, 1992, from Dana K. Mount, Director, Division of Environmental Engineering, to Douglas M. Skie, EPA. This letter provided the State's commitment to meet all requirements of the EPA “Guideline on Air Quality Models (Revised)” for air quality modeling demonstrations associated with the permitting of new PSD sources, PSD major modifications, and sources to be located in nonattainment areas. (23) On June 30, 1992, the Governor of North Dakota submitted revisions to the plan for new source performance standards and national emission standards for hazardous air pollutants. (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Rules, Chapter 33–15–12, Standards of Performance for New Stationary Sources, and Chapter 33–15–13, excluding Section 33–15–13–02, Emission Standards for Hazardous Air Pollutants, effective June 1, 1992. (24) On June 24, 1992, the governor of North Dakota submitted revisions to the plan. The revisions correct enforceability deficiencies in the SO2 regulations. (i) Incorporation by reference. (A) Revisions to the North Dakota Administrative Codes, Chapter 33–15–06, Emissions of Sulfur Compounds Restricted, which became effective June 1, 1992. (25) On November 2, 1992, the Governor of North Dakota submitted a plan for the establishment and implementation of a Small Business Assistance Program to be incorporated into the North Dakota State Implementation Plan as required by section 507 of the Clean Air Act. (i) Incorporation by reference. (A) Executive Order 1992–5, executed May 21, 1992, to establish a Small Business Compliance Advisory Panel. (ii) Additional materials. (A) November 2, 1992 letter from the Governor of North Dakota submitting a Small Business Assistance Program plan to EPA. (B) The State of North Dakota plan for the establishment and implementation of a Small Business Assistance Program, adopted by the North Dakota State Department of Health and Consolidated Laboratories on October 23, 1992, effective October 23, 1992. (26) The Governor of North Dakota submitted revisions to the North Dakota State Implementation Plan and Air Pollution Control Rules with letters dated June 26, 1990, June 30, 1992, and April 29, 1994. The revisions address air pollution control rules regarding general provisions; emissions of particulate matter and organic compounds; new source performance standards (NSPS); national emission standards for hazardous air pollutants (NESHAPs); federally enforceable State operating permits (FESOPs); prevention of significant deterioration of air quality; and control of emissions from oil and gas well production facilities. (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Rules as follows: Emissions of Particulate Matter Restricted 33–15–05–02, 33–15–05–03, and 33–15–05–04; Control of Organic Compound Emissions 33–15–07; Prevention of Significant Deterioration of Air Quality 33–15–15–01; and Control of Emissions from Oil and Gas Well Production Facilities 33–15–20–01, 33–15–20–02, and 33–15–20–03, effective June 1, 1992. (B) Revisions to the Air Pollution Control Rules as follows: General Provisions 33–15–01–04 and 33–15–01–13; Standards of Performance for New Stationary Sources 33–15–12; and Emission Standards for Hazardous Air Pollutants 33–15–13, effective June 1, 1992 and March 1, 1994. (C) Revisions to the Air Pollution Control Rules as follows: Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate, 33–15–14–01 through 33–15–14–05, effective March 1, 1994. (27) On April 29, 1994, the Governor of North Dakota submitted revisions to the prevention of significant deterioration regulations in chapter 33–15–15 of the North Dakota Air Pollution Control Rules to incorporate changes in the Federal PSD permitting regulations for utility pollution control projects, PM–10 increments, and municipal waste combustors. (i) Incorporation by reference. (A) Revisions to Chapter 33–15–15 of the North Dakota Air Pollution Control Rules, Section 33–15–15–01, Subsections 1.a.(3) and (4), 1.c, 1.e.(4), 1.h, 1.i, 1.m, 1.x.(2)(h)–(k), 1.aa.(2)(c), 1.bb, 1.dd, 1.ee, 1.ff, 1.hh, 2.b, 4.d.(3)(a), and 4.j.(4)(b), effective 3/1/94. (28) The Governor of North Dakota submitted revisions to the North Dakota State Implementation Plan and Air Pollution Control Rules with a letter dated December 21, 1994. The submittal addressed revisions to air pollution control rules regarding general provisions; ambient air quality standards; new source performance standards (NSPS); and national emission standards for hazardous air pollutants (NESHAPs). (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Rules as follows: General Provisions 33–15–01–17 and 33–15–01–18; Ambient Air Quality Standards 33–15–02–05 and 33–15–02 Table 1; Standards of Performance for New Stationary Sources 33–15–12; and Emission Standards for Hazardous Air Pollutants 33–15–13, effective December 1, 1994. (B) [Reserved] (29) The Governor of North Dakota submitted revisions to the North Dakota State Implementation Plan and Air Pollution Control Rules with letters dated August 15, 1995 and January 9, 1996. The revisions address air pollution control rules regarding general provisions; open burning; emissions of particulate matter, certain settleable acids and alkaline substances, and fugitives; air pollution emergency episodes; new source performance standards (NSPS); national emission standards for hazardous air pollutants (NESHAPs); and the minor source construction and operating permit programs. The State's January 9, 1996 submittal also revised SIP Chapter 6, Air Quality Surveillance, to identify current activities regarding visibility monitoring. (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Rules as follows: Emissions of Particulate Matter Restricted 33–15–05–03., 33–15–05–03.1., 33–15–05–03.2., and 33–15–05–03.3.; Prevention of Air Pollution Emergency Episodes 33–15–11 Tables 6 and 7; and Fees 33–15–23–01, 33–15–23–02, and 33–15–23–03, effective August 1, 1995. (B) Revisions to the Air Pollution Control Rules as follows: General Provisions 33–15–01–04; Emission Standards for Hazardous Air Pollutants 33–15–13, except 33–15–13–01–2., Subpart I; Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate 33–15–14–01, 33–15–14–01.1., 33–15–14–02.12., and 33–15–14–03.10.; effective August 1, 1995 and January 1, 1996. (C) Revisions to the Air Pollution Control Rules as follows: Open Burning Restrictions 33–15–04; Emissions of Certain Settleable Acids and Alkaline Substances Restricted 33–15–09; Standards of Performance for New Stationary Sources 33–15–12; and Restriction of Fugitive Emissions 33–15–17–01 and 33–15–17–02, effective January 1, 1996. (30) The Governor of North Dakota submitted revisions to the North Dakota State Implementation Plan and Air Pollution Control Rules with letters dated January 9, 1996 and September 10, 1997. The revisions address air pollution control rules regarding general provisions and emissions of particulate matter, sulfur compounds, and organic compounds. (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Rule Emissions of Sulfur Compounds Restricted, 33–15–06–01, effective January 1, 1996. (B) Revisions to the Air Pollution Control Rules as follows: General Provisions 33–15–01–03, 33–15–01–04.49, 33–15–01–13.2(b), 33–15–01–15.2, and 33–15–01–17.3; Emissions of Particulate Matter Restricted 33–15–05–03.3.4; and Control of Organic Compound Emissions 33–15–07–01.1; effective September 1, 1997. (ii) Additional material. (A) An April 8, 1997 letter from Dana Mount, North Dakota Department of Health, to Richard Long, EPA, to provide technical support documentation regarding the revisions to Chapter 33–15–06, Emissions of Sulfur Compounds Restricted. (B) A July 30, 1997 letter from Dana Mount, North Dakota Department of Health, to Amy Platt, EPA, to provide technical support documentation regarding the revisions to Chapter 33–15–06, Emissions of Sulfur Compounds Restricted. (C) A September 9, 1997 letter from Dana Mount, North Dakota Department of Health, to Larry Svoboda, EPA, to provide technical support documentation regarding the revisions to Chapter 33–15–06, Emissions of Sulfur Compounds Restricted. (31) The Governor of North Dakota submitted revisions to the North Dakota State Implementation Plan and Air Pollution Control Rules with a letter dated September 28, 1998. The revisions address air pollution control rules regarding general provisions, ambient air quality standards, emissions of particulate matter and organic compounds, and the permit to construct program. (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Rules as follows: General Provisions 33–15–01–04.6–52; Ambient Air Quality Standards 33–15–02–04, 33–15–02–07.3, 33–15–02–07.4, and Table 2; Emissions of Particulate Matter Restricted 33–15–05–03.1; Control of Organic Compound Emissions 33–15–07–01.1; and Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate 33–15–14–02.3.c, effective September 1, 1998. (ii) Additional material. (A) An April 10, 1997 letter from Dana Mount, North Dakota Department of Health, to Richard Long, EPA, to provide technical support documentation regarding the impact of SB2356 on sulfur dioxide emission limits for existing and new coal conversion facilities and petroleum refineries. (B) A November 17, 1997 letter from William Delmore, North Dakota Assistant Attorney General, to Terry Lukas, EPA, to propose how the North Dakota Department of Health will implement the requirements of SB2356. (C) A June 10, 1998 letter from Dana Mount, North Dakota Department of Health, to Richard Long, EPA, to provide technical support documentation regarding the revisions to Chapter 33–15–02, Ambient Air Quality Standards, and Chapter 33–15-14, Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate (revisions specific to the permit to construct section only). (D) A December 1, 1998 letter from Dana Mount, North Dakota Department of Health, to Richard Long, EPA, to provide technical support documentation regarding how the State will enforce the revised sulfur dioxide standards in Chapter 33–15–02. (32) The Governor of North Dakota submitted revisions to the North Dakota State Implementation Plan and Air Pollution Control Rules with a letter dated June 21, 2001. The revisions address air pollution control rules regarding general provisions, emissions of particulate matter and fugitives, exclusions from Title V permit to operate requirements, and prevention of significant deterioration. (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Rules as follows: General Provisions 33–15–01–04, 33–15–01–12, and 33–15–01–15; Emissions of Particulate Matter Restricted 33–15–05–04.1; Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate 33–15–14–02.13.b.1, 33–15–14–03.1.c, and 33–15–14–07; Prevention of Significant Deterioration of Air Quality 33–15–15–01.1.hh and 33–15–15–01.2; and Restriction of Fugitive Emissions 33–15–17–01, effective June 1, 2001. (B) Revisions to the Air Pollution Control Rules as follows: Emissions of Particulate Matter Restricted 33–15–05–03.1, repealed effective July 12, 2000. (33) Certain revisions to the North Dakota State Implementation Plan and Air Pollution Control Rules as submitted by the Governor with a letter dated April 11, 2003. The revisions affect portions of North Dakota Administrative Code (N.D.A.C.) regarding general provisions and emissions of particulate matter and sulfur compounds. (i) Incorporation by reference. (A) Revisions to the North Dakota Air Pollution Control Rules as follows: (1) Chapter 33–15–01, N.D.A.C., General Provisions, sections 33–15–01–04, 33–15–01–17, and 33–15–01–18, effective March 1, 2003. (2) Chapter 33–15–05, N.D.A.C., Emissions of Particulate Matter Restricted, sections 33–15–05–02 and 33–15–05–04 and subsection 33–15–05–03.3, effective March 1, 2003. (3) Chapter 33–15–06, N.D.A.C., Emissions of Sulfur Compounds Restricted, sections 33–15–06–01 and 33–15–06–03, effective March 1, 2003. (34) Certain revisions to the North Dakota State Implementation Plan and Air Pollution Control Rules as submitted by the Governor with a letter dated April 11, 2003. The revisions affect portions of North Dakota Administrative Code (N.D.A.C.) regarding construction and minor source permitting and prevention of significant deterioration of air quality. (i) Incorporation by reference. (A) Revisions to the North Dakota Air Pollution Control Rules as follows: (1) Chapter 33–15–14, N.D.A.C., Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate, subsections 33–15–14–02.5, 33–15–14–02.13.c, 33–15–14–02.13.i(5), 33–15–14–03.4, 33–15–14–03.5.a(1)(d), and 33–15–14–03.11, effective March 1, 2003. (2) Chapter 33–15–15, N.D.A.C., Prevention of Significant Deterioration of Air Quality, subsections 33–15–15–01.1.x(2)(d) and 33–15–15–01.4.h(3), effective March 1, 2003. (35) Certain revisions to the North Dakota State Implementation Plan and Air Pollution Control Rules as submitted by the Governor with a letter dated April 11, 2003. The revisions affect portions of North Dakota Administrative Code (N.D.A.C.) regarding construction and minor source permitting. (i) Incorporation by reference. (A) Revisions to the North Dakota Air Pollution Control Rules as follows: (1) In Chapter 33–15–14, N.D.A.C., Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate, the sentence in each first paragraph of subsections 33–15–14–02.19 and 33–15–14–03.16 that reads as follows, “In the event that the modification would be a major modification as defined in chapter 33–15–15, the department shall follow the procedures established in chapter 33–15–15.” These revisions were effective March 1, 2003. [37 FR 10885, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1820, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1821 Classification of regions. top The North Dakota plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Metropolitan Fargo-Moorhead Interstate............... II III III III III North Dakota Intrastate.............................. II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10885, May 31, 1972] § 52.1822 Approval status. top With the exceptions set forth in this subpart, the Administrator approves the North Dakota plan for the attainment and maintenance of the national standards. [39 FR 7283, Feb. 25, 1974] § 52.1823 [Reserved] top § 52.1824 Review of new sources and modifications. top (a)–(b) [Reserved] (c) The State of North Dakota has clarified the language contained in the North Dakota Administrative Code on the use of the EPA “Guideline on Air Quality Models” as supplemented by the “North Dakota Guideline for Air Quality Modeling Analysis”.In a letter to Douglas M. Skie, EPA, dated February 14, 1992, Dana K. Mount, Director of the Division of Environmental Engineering, stated: To clarify this issue, the State of North Dakota will commit to meeting all requirements of the EPA Guideline for air quality modeling demonstrations associated with the permitting of new PSD sources, PSD major modifications, and sources which will be located in nonattainment areas. If any conflict exists, the EPA Guideline will take precedence for these source categories. [39 FR 7283, Feb. 25, 1974, as amended at 51 FR 40677, Nov. 7, 1986; 57 FR 28620, June 26, 1992; 61 FR 16062, Apr. 11, 1996] §§ 52.1825-52.1828 [Reserved] top § 52.1829 Prevention of significant deterioration of air quality. top (a) The North Dakota plan, as submitted, is approved as meeting the requirements of Part C, Title I, of the Clean Air Act, except that it does not apply to sources proposing to construct on Indian Reservations. (b) Regulation for preventing of significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the North Dakota State implementation plan and are applicable to proposed major stationary sources or major modifications to be located on Indian Reservations. [44 FR 63103, Nov. 2, 1979. Correctly designated at 44 FR 75635, Dec. 21, 1979, as amended at 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003] § 52.1831 Visibility protection. top A revision to the SIP was submitted by the Governor on April 18, 1989, for visibility general plan requirements and long-term strategies. [54 FR 41098, Oct. 5, 1989] § 52.1832 Stack height regulations. top The State of North Dakota has committed to revise its stack height regulations should EPA complete rulemaking to respond to the decision in NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas M. Skie, EPA, dated May 11, 1988, Dana K. Mount, Director, Division of Environmental Engineering stated: * * * We are submitting this letter to allow EPA to continue to process our current SIP submittal with the understanding that if EPA's response to the NRDC remand modified the July 8, 1985, regulations, EPA will notify the State of the rules that must be changed to comply with EPA's modified requirements. The State of North Dakota agrees to make the appropriate changes to its stack height rules. [53 FR 45764, Nov. 14, 1988] § 52.1833 [Reserved] top § 52.1834 Minor source permit to operate program. top Emission limitations and related provisions, which, in accordance with Rule 33–15–14–03, are established as federally enforceable conditions in North Dakota minor source operating permits, shall be enforceable by EPA. EPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures and will be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements of EPA's underlying regulations. [60 FR 43401, Aug. 21, 1995] § 52.1835 Change to approved plan. top North Dakota Administrative Code Chapter 33–15–12, Standards of Performance for New Stationary Sources, is removed from the approved plan. This change is a result of the State's September 10, 1997 request for delegation of authority to implement and enforce the Clean Air Act New Source Performance Standards (NSPS) promulgated in 40 CFR Part 60, as in effect on October 1, 1996 (except subpart Eb, which the State has not adopted). EPA granted that delegation of authority on May 28, 1998. [63 FR 45727, Aug. 27, 1998] § 52.1836 Change to approved plan. top North Dakota Administrative Code Chapter 33–15–13, National Emission Standards for Hazardous Air Pollutants, is removed from the approved plan. This change is a result of EPA's July 7, 1995 interim approval of North Dakota's Title V Operating Permit program, in which it granted delegation of authority to North Dakota to implement and enforce Clean Air Act section 112 requirements. That delegation of authority includes, among other things, the NESHAPs promulgated in 40 CFR part 61 (“part 61 NESHAPs”). With a September 10, 1997 submittal, the State requested delegation of authority to implement and enforce the Clean Air Act part 61 NESHAPSs (except subparts B, H, K, Q, R, T, and W, pertaining to radionuclides), as in effect on October 1, 1996. EPA did not act on the State's request for delegation of authority for 40 CFR part 61, subpart I (regarding radionuclide emissions from facilities licensed by the Nuclear Regulatory Commission and other Federal facilities not covered by subpart H) because EPA rescinded subpart I subsequent to the State's adoption of these revisions. [67 FR 62398, Oct. 7, 2002] Subpart KK—Ohio top § 52.1870 Identification of plan. top (a) Title of plan: “Implementation Plan for the Control of Suspended Particulates, Sulfur Dioxide, Carbon Monoxide, Hydrocarbons, Nitrogen Dioxide, and Photochemical Oxidants in the State of Ohio.” (b) The plan was officially submitted on January 31, 1972. (c) The revisions listed below were submitted on the dates specified. (1) Request for extensions and a revision of monitoring network was submitted on March 20, 1972, by the Ohio Air Pollution Control Board. (2) State provisions for making emissions data available to the public was outlined in a letter of May 8, 1972, by the Ohio Department of Health. (3) On May 9, 1972, the State provided assurance that action is being taken in the Assembly to secure authority for controlling auto emissions. (4) Amendments to air pollution regulations AP–3–11, 12, 13, 14, and AP–9–04 were forwarded on July 7, 1972, by the Governor. (5) Revisions to AP–2–01, 02, 04, 05; AP–3–01, 08, 09, 13; AP–9–01, 02, 03 were submitted on August 4, 1972 by the Governor. (6) New regulations AP–13–01 and 13–02 were submitted on October 12, 1972 by the Governor. (7) Letter from the Director of the Ohio EPA was submitted on June 6, 1973, indicating that portions of AP–3–11, and AP–3–12 are for informational purposes only. (8) The Governor of Ohio submitted on July 2, 1973, the “Implementation Plan to Achieve Ambient Air Quality Standard for Photochemical Oxidant in the Cincinnati Air Quality Control Region” and the “Implementation Plan to Achieve Ambient Air Quality Standard for Photochemical Oxidant in the Toledo Air Quality Control Region.” (9) The Governor of Ohio submitted on July 24, 1973, the “Implementation Plan to Achieve Ambient Air Quality Standards for Photochemical Oxidants—Dayton Air Quality Control Region.” (10) On January 25, 1974, Ohio submitted a secondary particulate plan for three AQCR's in Ohio. (11) On July 16, 1975, Ohio submitted regulations revising the attainment dates for particulate matter, nitrogen oxides, carbon monoxide, hydrocarbons and photochemical oxidants. (12) The Governor of Ohio submitted on May 30, 1974 and August 10, 1976, revisions to the Ohio Implementation for the control of open burning. (13) Consent and Abatement Order regarding Columbus and Southern Ohio Electric Company's Picway Units 3 and 4, submitted by Governor on October 17, 1975, supplemented on November 17, 1976 and June 1, 1977. (14) On July 27, 1979 the State submitted its nonattainment area plan for specific areas designated as nonattainment for ozone and carbon monoxide in the March 3, 1978 and October 5, 1978 Federal Registers (43 FR 8962 and 43 FR 45993). The submittal contained Ohio's Part D nonattainment plans for the following ozone and carbon monoxide urban nonattainment areas: Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Steubenville and Toledo. The submittal contained transportation control plans and demonstrations of attainment (for carbon monoxide and/or ozone) for each of the above mentioned urban nonattainment areas. Regulations for the control of volatile organic compound emissions were not included with this submittal but were submitted separately on September 13, 1979. (15) On September 13, 1979, the State submitted regulations for the control of volatile organic compound and carbon monoxide emissions from stationary sources. (16) On December 28, 1979, the State amended the attainment demonstration submitted on July 27, 1979 for the Cleveland Urban area. On November 24, 1980 and July 21, 1981, the State submitted additional information on the transportation control plans for the Cleveland Urban area. (17) On January 8, 1980, the State amended the carbon monoxide attainment demonstration submitted on July 27, 1979 for the Steubenville urban area. (18) On January 15, 1980, the State amended the attainment demonstrations submitted on July 27, 1979 for the urban areas of Cincinnati, Toledo and Dayton. (19) On April 7, 1980 the State of Ohio committed to correct the deficiencies presented in the March 10, 1980 Notice of Proposed Rulemaking. (20) On April 15, 24, 28, May 27, July 23 and August 6, 1980 the State submitted comments on, technical support for, and commitments to correct the deficiencies cited in the March 10, 1980 Notice of Proposed Rulemaking. In addition to this the May 27, 1980 letter also contained a commitment by the State to adopt and submit to USEPA by each subsequent January, reasonable available control technology requirements for sources covered by the control techniques guidelines published by USEPA the preceding January. (21) On December 28, 1979 the State of Ohio submitted its Part D carbon monoxide and ozone nonattainment area plan for the Youngstown urban area. The submittal contained transportation control plans and demonstrations of attainment (for carbon monoxide and/or ozone). On February 12, 1980 the State amended the ozone attainment demonstration submitted on December 28, 1979. (22) On June 12, 1980 and August 6, 1980, the State submitted technical support and commitments to correct the deficiencies cited in the May 16, 1980 Notice of Proposed Rulemaking. On November 20, 1980 and July 21, 1981, the State submitted additional information on implementor commitments for the Youngstown Urban area. (23) On May 8, 1979, Ohio submitted revisions to regulations 3745–25–01 through 3745–25–04 (previously codified as AP–11–01 through AP–11–04) containing emergency episode procedures. (24) On July 25, 1980 the State of Ohio submitted its Part D revision to the New Source Review portion of the State Implementation Plan. On September 25, 1980 the State submitted a response to the August 26, 1980 Federal Register notice of proposed rulemaking. The response contained information which corrects certain deficiencies and commits to correct by a specified date other deficiencies. (25) The following information was submitted to USEPA regarding the Ohio Sulfur Dioxide Standards (i) On February 12, 1980 the Director of the Ohio EPA submitted the Ohio Administrative Code (OAC) Rules 3745–18–01 to 3745–18–94, Sulfur Dioxide Standards adopted on November 14, 1979 effective December 28, 1979. (ii) Ohio EPA sent technical support for the Ohio Sulfur Dioxide Standards on September 12, 1979, October 23, 1979, May 16, 1980, March 27, 1981, May 5, 1981, July 15, 1981 and September 24, 1981. (iii) The following regulations were withdrawn by the Governor of Ohio on May 16, 1980; OAC Rules 3745–18–08(H), 3745–18–15(B), 3745–18–53(E), 3745–18–63(K), 3745–18–77(B) and 3745–18–90(C). These rules are applicable to the following plants: Cairo Chemical Corporation in Allen County, Crystal Tissue Company in Butler County, U.S. Steel Corporation, Lorain—Cuyahoga Works in Lorain County, Bergstrom Paper Company in Montgomery County, Mead Corporation in Ross County and Shell Chemical Company in Washington, County. (iv) The following regulations were withdrawn by the Governor of Ohio on December 19, 1980 only as it applies to the B.F. Goodrich Company, Avon Lake Chemical Plant in Lorain County; OAC 3745–18–53(A). These regulations are still applicable to other facilities in Lorain County. (v) The following regulations were withdrawn by the Governor of Ohio on February 13, 1981; OAC Rules 3745–18–49(J) which is applicable to the Ohio Rubber Company in Lake County and 3745–18–80(D) which is applicable to the Union Carbide Corporation in Seneca County. (vi) The Governor of Ohio submitted a revised OAC Rule 3745–18–80(D) which is applicable to the Union Carbide Corporation in Seneca County on April 30, 1981. (26) On February 8, 1980, the State of Ohio submitted a revision to provide for modification of the existing air quality surveillance network. (27) On February 18, and March 13, 1981, the Governor of Ohio submitted Rule 08 of Chapter 3745–17 of the Ohio Administrative Code for Middletown and the operating permits for the fugitive sources located at ARMCO's Middletown Works Plant. (28) On October 21 and November 21, 1980 the State submitted comments on, technical support for, and commitments to correct the deficiencies cited in the March 10, 1980 Notice of Proposed Rulemaking. (29) On September 17, 1980 the State of Ohio submitted a vehicle inspection and maintenance (I/M) program developed for the urbanized area of Cleveland and the Ohio portion of the Cincinnati metropolitan area. On December 5, 1980 the State submitted comments on, and commitments for correcting, the deficiencies cited in the November 7, 1980 Supplemental Notice of Proposed Rulemaking. (30) On February 18, 1981, the State of Ohio committed itself to submit by December 31, 1981, the corrective materials for the Middletown, Ohio total suspended particulate plan. (31) On March 27, 1981 and March 10, 1982 the State of Ohio submitted revisions to the total suspended particulate (TSP) portion of its State Implementation Plan (SIP). These revisions are in the form of an alternative emissions reduction plan (bubble) for the General Motors (GM) Central Foundry located in Defiance County, Ohio. Incorporated into Ohio's SIP are the emission limitations, interim and final compliance milestones, control equipment requirements and testing procedures specified in the variances and permits submitted for the GM bubble. (32) On July 27, 1979, the State of Ohio submitted materials to satisfy the general requirements of the Clean Air Act under sections 110(a)(2)(K); 126, 127, and 128. On January 30, 1981, the State of Ohio also submitted an amended substitute Senate Bill 258, which was enacted into law on December 19, 1980, amending Ohio Revised Code 3704. (33) Revision to plan allowing Standard Oil Company of Ohio Toledo refinery variances from State Regulations 3745–21–09(M) (1) and (2) submitted April 10, 1981 by the State. (34) Revision to plan allowing Standard Oil Company of Ohio Lima refinery variance from State Regulation 3745–21–09(M)(2) submitted April 10, 1981 by the State. (35) On August 27, 1981, the State of Ohio submitted a variance for the Pipeline Working Tank at the ARCO Pipeline Refinery in Summit County, Ohio. (36)–(37) [Reserved] (38) The Governor of Ohio on June 15, 1981 submitted a revision to the ozone portion of the Ohio State Implementation Plan. This revision is for six coating lines located at the Speciality Materials Division of Fasson-Avery located in Lake County, Ohio. (39) On August 27, 1981, the State of Ohio submitted a variance for the Pipeline Working Tank at the ARCO Pipeline Refinery in Lucas County, Ohio. (40) On February 12, 1981, the State of Ohio submitted its Lead SIP Plan which contains a discussion of ambient monitoring results, an attainment demonstration and stationary and mobile source controls for lead. (41) On April 10, 1981, the Governor of Ohio submitted revised requirements for Republic Steel Corporation's Youngstown Sinter Plant. (42) On February 25, 1980, the State of Ohio submitted the revised Ohio Administrative Code (OAC) Rules 3745–35–01 through 3745–35–04 which set forth requirements for air permits to operate and variances. These rules were adopted on September 28, 1979 and became effective in Ohio on November 7, 1979. (43) On February 12, 1981, the State of Ohio submitted adopted amended Ohio Administrative Code (OAC) Rules 3745–21–01, 04, 09 and 10, Emission Standards and Technology Requirements for Certain Sources of Volatile Organic Compounds Emissions. The following portions of these rules were withdrawn by the State of Ohio on March 27, 1981; OAC Rules 3745–21–04(C)(19)(a) and 3745–21–09(R)(3)(a). On January 8, 1982, the State of Ohio submitted additional materials pertaining to OAC Rules 3745–21–09 (H), (U) and (X). (44) On April 16, 1981, the Ohio EPA submitted a variance which would extend for Presto Adhesive Paper Company in Montgomery County, Ohio the deadline for complying with applicable Ohio VOC emission limitations from April 1, 1982 to April 1, 1983 for water-based adhesive paper coatings and to April 1, 1984 for water-based silicone paper coatings. (45) On Feburary 25, 1980, the State submitted revisions to rules 01 through 06, 08 and 09 of Chapter 15 of the Ohio Administrative Code. These rules establish general provisions for the control of air pollution and were previously codified and approved as AP–2–01 through 06, 08 and 09. Rules 01 through 04, 06, 08 and 09 are approved as revisions to the Ohio SIP and rule 05 is deleted from the Ohio SIP. (46) On August 26, 1982, the Ohio Environmental Protection Agency submitted a variance which would establish an alternative emission control program (weighted averaging bubble) for eight vinyl coating lines at Uniroyal Plastic Products in Ottawa County, Ohio, and an alternative compliance schedule which will allow Uniroyal Plastic Products additional time to convert to waterborne coatings and inks. The final compliance date is October 1, 1987. (47) On June 29, 1982, the State submitted an amendment to the definition of air contaminant as contained in section 3704.01(B) of the Ohio Revised Code. (48) On August 31, 1982, Ohio Environmental Protection Agency submitted a variance which would establish an alternative emission control program (weighted averaging bubble) for five rotogravure printing lines at Packaging Corporation of America (PCA) in Wayne County, Ohio and an alternative compliance schedule which will allow PCA additional time to convert to waterborne coatings and inks. The final compliance date is July 1, 1987. (49) On September 10, 1982 the Ohio Environmental Protection Agency submitted a revision to its ozone SIP for the Mead Paper Corporation, Chilpaco Mill in Ross County, Ohio. This revision is in the form of three variances for the three flexographic printing lines at Mead Paper and contains revised emission limits and compliance schedules for each of the lines. Technical Support for this revision was also submitted on April 27, 1982. (50) On October 22, 1982, the Ohio Environmental Protection Agency submitted a revision to its Ozone SIP for the Standard Register Company. The revision request is in the form of a variance for an extended compliance time schedule for a surface coating line and spray boot for painting miscellaneous metal parts. Final compliance is changed from December 31, 1982 to December 31, 1983. (51) On October 1, 1982, and February 28, 1983 the State of Ohio submitted revisions to Ohio Administrative Code (OAC) Rules 3745–35–03 which set forth requirements for obtaining variances. (52)–(55) [Reserved] (56) On January 5, 1983 the Ohio Environmental Protection Agency submitted a revision to its ozone SIP for the U.S. Steel Supply Division, Sharon Plant in Trumbull County, Ohio. Technical support for this revision was also submitted on November 12, 1982. (57) On January 4, 1982, amended December 23, 1982, the Ohio Environmental Protection Agency (OEPA) submitted a revision to its ozone SIP for the Chrysler Plastic Products Corporation, Sandusky Vinyl Product Division, in Erie County, Ohio. This revision amends the emission limitations and extends the compliance dates for five vinyl coating lines at this facility. Technical support for this revision was also submitted on June 28, 1982. (58) On July 14, 1982, the State submitted revisions to its State Implementation Plan for TSP and SO2 for Toledo Edison Company's Bay Shore Station in Lucas County, Ohio. (59) On March 9, 1983, the Ohio Environmental Protection Agency submitted a variance which would establish an alternative emission control program (bubble) for eight vinyl coating lines at B.F. Goodrich in Washington County, Ohio, and an alternative compliance schedule which will allow B.F. Goodrich additional time to achieve final compliance through conversion to waterborne coatings and inks by December 31, 1985. If the company is unable to achieve compliance by December 1, 1985, through reformulation, the company must install add-on controls no later than December 1, 1987. (60) The State of Ohio submitted a revised demonstration that showed attainment by December 31, 1982, of the Carbon Monixide (CO) National Ambient Air Quality Standards (NAAQS) for the Cincinnati area (Hamilton County) on May 24, 1982. Supplemental information was submitted on September 23, 1982, November 4, 1982, and March 16, 1983. The May 24, 1982, submittal also requested that the five year extension for meeting the NAAQS requested on July 29, 1979, and granted on October 31, 1980, be rescinded for this area. EPA has rescinded this extension only for the Cincinnati demonstration area for CO. (61) On January 11, 1983, the Ohio EPA submitted justification and supportive documentation for the two categories of gasoline dispensing facilities and cutback asphalt. On March 2, 1983, Ohio EPA submitted demonstrations of reasonable further progress in the Canton and Youngstown areas. This information was submitted to satisfy the conditions on the approval of the 1979 ozone SIP. (62) On September 8, 1983, the Ohio Environmental Protection Agency submitted a revision to the total suspended particulate SIP for Corning Glass Works. The revision is in the form of a permit to operate a glass furnace and contains an equivalent visible emission limitation for the furnace. (63) On January 3, 1984, the Ohio Environmental Protection Agency submitted a revision to the Ohio Administrative Code 3745–15–07, Air Pollution Nuisance Prohibited. (64) On September 2, 1982, the State of Ohio submitted a revision to the total suspended particulate State Implementation Plan for the B.F. Goodrich Chemical Plant in Avon Lake, Lorain County, Ohio. This revision is being disapproved. (See §52.1880(g)) (65) On August 3, 1983, May 7, 1984 and June 28, 1984, the Ohio Environmental Protection Agency submitted revisions to the total suspended particulate State Implementation Plan for Chardon Rubber Company, Corning Glass Works, Denman Rubber Manufacturing Company, Packaging Corporation of America, and Springview Center. Each of the revisions are in the form of a permit to operate and contain equivalent visible emission limitations. (66) On March 16, 1984, the Ohio Environmental Protection Agency submitted commitments for satisfying the conditions of approval to the ozone [52.1885 (b)(2)] and particulate matter [52.1880 (d)(1)] State Implementation Plans. (67) [Reserved] (68) On May 6, 1983, the Ohio Environmental Protection Agency (OEPA) submitted materials constituting a proposed revision to Ohio's ozone SIP for Harrison Radiator. Harrison Radiator has two metal coating facilities; one is the North facility located in downtown Dayton and the other is the South facility located in the City of Moraine. (i) Incorporation by reference. (A) The Ohio Environmental Protection Director's final Findings and Orders, May 6, 1983. (B) Letters of September 10, 1984, and September 4, 1984, to USEPA from OEPA. (C) The Ohio Environmental Protection Director's final Findings and Orders, September 4, 1984. (69) On September 13, 1983, the Ohio Environmental Protection Agency submitted a variance which would establish an alternative emission control program (bubble) for Volatile Organic Compound emissions from a gasoline and aviation fuel loading rack located at Standard Oil Company in Trumbull County, Ohio. (i) Incorporation by reference. (A) An August 26, 1983, Permit and Variance to Operate an Air Contaminant Source Terms and Conditions, Application No. 02 78 06 0355 J001 and 02 78 06 0355 J002, for Niles Terminal Station N. 234, Niles Aviation Gasoline Bulk Terminal. (70) On April 8, 1982, June 22, 1982, November 8, 1982, May 24, 1985, and November 12, 1986, the Ohio Environmental Protection Agency submitted a revision to the sulfur dioxide SIP for the Ohio Power Muskingum River Power Plant located in Morgan and Washington Counties. USEPA approves an emission limit of 8.6 lbs/MMBTU to protect the primary NAAQS with a compliance date of June 17, 1980. In addition, USEPA approves an emission limit of 7.6 lbs/MMBTU to protect the secondary NAAQS with a compliance date of July 1, 1989. (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) rule 3745–18–03(C)(3)(gg)(vi) effective in Ohio December 28, 1979; rule 3745–18–64(B) and rule 3745–18–90(B) effective in Ohio on October 1, 1982. (B) Director's Final Findings and Orders dated October 18, 1982, before the Ohio Environmental Protection Agency. (C) Director's Findings and Order dated November 18, 1986, before the Ohio Environmental Protection Agency. (ii) Additional information. (A) Technical Support Document for emission limitations including dispersion modeling for the Muskingum River Plant submitted by the State on April 8, 1982. (B) Muskingum River Plant Supplementary Technical Support Document submitted by the State on June 22, 1982. (C) Air Monitoring Data submitted by the State on June 22, 1982. (71) On July 1, 1980, the State of Ohio submitted a revision to its State Implementation Plan amending §3704.11 of the Ohio Revised Code. This revision expands the authority given to a political subdivision in relation to certain open burning activities. Additional information for the revision was also submitted on September 30, 1980 and January 16, 1981. (72) On March 16, 1982, the State of Ohio submitted a revision to its State Implementation Plan for TSP for the Southerly Wastewater Treatment Plant in Columbus, Ohio. (73) On March 28, 1983, the State of Ohio Environmental Protection Agency (OEPA) submitted amendments to the Ohio Administrative Code (OAC) Chapter 3745–21 and supporting data to USEPA as a proposed revision to the ozone portion of its SIP. OAC Chapter 3745–21, entitled “Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Material Standards”, contains Ohio's VOC RACT I and II regulations. The amendments to these regulations are embodied in the OAC as follows: Definitions, Rule 3745–21–01; Attainment dates and compliance time schedules, Rule 3745–21–04; Control of emissions of organic compounds from stationary sources, Rule 3745–21–09; and Compliance test methods and procedures, Rule 3745–21–10. See (c)(15). USEPA is not taking action on the applicability of Rule 3745–21–09 to new sources of VOC, to the gasoline throughout exemption level for gasoline dispensing facilities, and to the compliance date extension for Honda of America Manufacturing, Inc. auto and motorcycle assembly plant in Marysville. USEPA is not taking action on OAC Rule 3745–21–09(AA))(2)(a) which exempts any dry cleaning facility in which less than 60,000 pounds of fabrics are cleaned per year. USEPA is not taking action on OAC Rule 3745–21–09(U)(2)(f) (i) and (ii) which apply to new sources (surface coating lines). USEPA is identifying deficiencies in the existing Rule 3745–21–09(D)(3) which contains an alternative daily emission limitation for can coating facilities. USEPA identified the following deficiencies within this rule: This rule presents equations for determining an alternative daily emission limitation. USEPA finds that the equations are incorrect in that they are based on volume of coating used (in gallons, excluding water), which in many cases can lead to erroneous results. Equivalency calculations for coatings should be performed on a basis of volume of coating solids used rather than volume of coating used. (45 FR 80824 gives an example calculation for can coating done on a volume solids basis.) (i) Incorporation by reference. (A) Amendments to OAC Chapter 3745–21, dated June 21, 1982 and January 24, 1983. (1) Rule 3745–21–01; Definitions. (i) Section (D)(16), (36), and (50), paper and vinyl coating. (ii) Section (F)(1–8), asphalts in road construction and maintenance. (iii) Sections (E)(8), and (J)(5), corrections to Sections (E)(8) and (J)(5). (2) Rule 3745–21–04; Attainment dates and compliance time schedules. (i) Section (C)(3), can coating lines. (ii) Section (C)(15), cutback and emulsified asphalts. (iii) Section (C)(29), gasoline tank trucks. (iv) Section (C)(33), External floating roof tanks. (3) Rule 3745–21–09, Control of emission of organic compounds from stationary sources. (i) Section (B), Emission limitations. (ii) Sections, (C) (1) and (3), Surface coating of automobiles and light duty trucks. (iii) Sections (I) (1) and (2), Surface coating of metal furniture. (iv) Sections (K) (1) and (3) and (K)(4) (a), (b) and (c), Surface coating of large appliances. (v) Sections (N) (1), (2), and (3) (b) and (c), Use of cutback and emulsified asphalts. Note: USEPA is not approving (N)(3) (a) and (e). (vi) Section (O)(2), Solvent metal cleaning. (vii) Sections (P) (1), (4), and (5), Bulk gasoline plants. (viii) Section (Q)(3), Bulk gasoline terminals. (ix) Section (R)(3), Gasoline dispensing facilities. (x) Sections (U)(1) and the exemptions contained in (2)(h), Surface coating miscellaneous metal parts and products. (xi) Sections (X)(1) (a)(i), (b)(i), and the exemption contained in (2)(d), Rubber tire manufacturing. (xii) Sections (Z)(1)(b) through (h), (2), and (3), Storage of petroleum liquid in external floating roof tanks. NOTE: USEPA is not approving (Z)(1)(a). (xiii) Section (AA) (1) and (2) (b) and (c), Dry cleaning facility. NOTE: USEPA is not proposing to approve (AA)(2)(a). (xiv) Sections (K)(4) (a), (b), and (c), for the Whirlpool Corporation plants located in Marion, Sandusky, and Hancock Counties. (xv) Section (X)(2)(d), Cooper Tire and Rubber tire manufacturing facility located in Hancock County. (4) Rule 3745–21–10; Compliance test methods and procedures. (i) Sections (A) (3) and (4), General provisions. (ii) Section (B) (3), (4) and (5), Methods for determining VOC content of surface coating and inks. (iii) Section (E) (4) and (7), Method for determining VOC emissions from bulk gasoline terminals. (iv) Section (K), Methods for detecting leaks of gasoline vapors. (74)–(75) [Reserved] (76) On April 9, 1986, the State of Ohio submitted a negative declaration for natural gas/gasoline processing plants and manufacturers of high-density polyethylene and polypropylene resins. (i) Incorporation by reference. (A) Letter dated April 9, 1986, from Warren W. Tyler, Director, State of Ohio Environmental Protection Agency. (77) On November 20, 1985, the Ohio Environmental Protection Agency submitted a revision to the State Implementation Plan for Total Suspended Particulates. This revision request is for operating permits for the following two shiploading facilities: The Andersons Grain Division, Toledo Plant and Mid-States Terminals, Incorporated. (i) Incorporation by reference. (A) Permit to Operate an Air Contaminant Source for the Andersons Grain Division, Toledo Plant. Date of Issuance: November 18, 1985. (B) Permit to Operate an Air Contaminant Source for Mid-States Terminals, Incorporated. Date of Issuance: November 18, 1985. (78) On April 30, 1986, (draft) and on May 5, 1987, (final) the Ohio Environmental Protection Agency (OEPA) submitted a revision request to Ohio's sulfur dioxide SIP. The revision was in the form of Permits to Operate for the Coulton Chemical Plant in Toledo, Ohio, and the E.I. duPont de Nemours and Company facility in Miami, Ohio. The permits require the installation and operation of continuous emission monitors for sulfur dioxide at these facilities, and the reporting of monitoring data. (i) Incorporation by reference. (A) Special Term and Condition No. 3 of Permit to Operation No. 0448020014P001 for Coulton Chemical Corporation, effective January 3, 1986, Permit to Operate No. 0448020014P002 for Coulton Chemical Corporation, effective March 25, 1986. (B) Special Term and Condition No. 3 of Permit to Operate No. 1431350817P001 for E.I. duPont de Nemours and Company (Fort Hill Plant), effective March 2, 1984. (ii) Additional material. (A) September 5, 1985, letter from Charles M. Taylor, Chief, Division of Air Pollution Control, Ohio Environmental Protection Agency; to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental Protection Agency. (79) On April 9, 1986, the Ohio Environmental Protection Agency (OEPA) submitted a request for a revision to the Ozone State Implementation Plan (SIP) for the Huffy Corporation in Celina Ohio (Mercer County). This revision was in the form of a rule which is applicable to the Huffy Corporation in Mercer County. (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) Rule 3745–21–09(U)(2)(j), effective May 9, 1986. (80) On April 9, 1986, the Ohio Environmental Protection Agency submitted a revision to the State Implementation Plan for ozone. The revision consists of the reasonably available control technology (RACT) III volatile organic compound regulations. (i) Incorporation by reference. Ohio EPA OAC (A) Rule 3745–21–01, Definitions. Paragraphs (K), (L), (M), and (N), effective May 9, 1986. Ohio EPA OAC (B) Rule 3745–21–04, Attainment Dates and Compliance Time Schedules. Paragraphs (B)(1), and (C)(36) through (C)(39), effective May 9, 1986. Ohio EPA OAC (C) Rule 3745–21–09, Control of Emissions of Volatile Organic Compounds from Stationary Sources. Paragraphs (A)(1), (A)(2), (A)(4), (BB), (CC), (DD), (EE), and Appendix A, effective May 9, 1986. Ohio EPA OAC (D) Rule 3745–21–10, Compliance Test Method and Procedures. Paragraphs (C), (F), (L), (M), (N), (O), and (P), effective May 9, 1986. (81) On March 3, 1986, the Ohio Environmental Protection Agency (OEPA) submitted Good Engineering Stack Height Regulations as a revision to the Ohio State Implementation Plan (SIP). (i) Incorporation by reference. (A) Ohio Administrative Code Chapter 3745–16–01 and 02, entitled “Definitions” and “Good Engineering Practice Stack Height Regulations”. These rules were adopted by the State on February 12, 1986 and were effective on March 5, 1986. (B) September 2, 1987 letter from Richard L. Shank, Ph.D., Director, Ohio Environmental Protection Agency; to Valdas Adamkus, Regional Administrator, USEPA. (ii) Additional material. (A) March 3, 1986, letter from Warren W. Tyler, Director, Ohio Environmental Protection Agency; to Valdas Adamkus, Regional Administrator, U.S. EPA. (82) On November 7, 1985, the Ohio Environmental Protection Agency submitted a revision to the ozone portion of the Ohio State Implementation Plan (SIP) for the Reynolds Metal Company in Pickaway County, Ohio. This variance shall expire on May 6, 1992. (i) Incorporation by reference. (A) State of Ohio Environmental Protection Agency Variance to Operate an Air Contaminant Source (except for Conditions No. 2, No. 3, and No. 6); Date of Issuance: October 29, 1985, Issued to: Reynolds Metal Company; Constitutes a Variance to Operate: miscellaneous metal parts coating line—Ransburg Disc spray booths No. 1 and No. 2; and signed by Warren W. Tyler, Director, Ohio Environmental Protection Agency. (83) On October 4, 1982, and January 24, 1983, the Ohio Environmental Protection Agency (OEPA) submitted revisions to the Ohio Administrative Code (OAC) Chapter 3745–31–01 through 3745–31–08 to satisfy the New Source Review conditional approval of October 31, 1980 (45 FR 72119). U.S. EPA is granting limited approval of the revision to Ohio's New Source Review State Implementation Plan (SIP) because the revised regulations strengthen the SIP. (i) Incorporation by reference. (A) OAC Rule 3745–31 through 3745–31–03—Permits to Install New Sources of Pollution (Adopted June 30, 1982, effective August 15, 1982), as found in the State of Ohio Environmental Protection Agency Laws and Regulations. (ii) Additional material. (A) A June 30, 1987, letter from OEPA certified that the State did not rely upon additional reductions through the offset policy to attain or maintain the National Ambient Air Quality Standards. (84) On June 1, 1987, the Ohio Environmental Protection Agency (OEPA) submitted a revision request to Ohio's ozone SIP for the Goodyear Tire and Rubber Company in St. Marys (Auglaize County) Ohio. The revision was in the form of variances for adhesive application lines K001 to K019 and exempts them from the requirements contained in Ohio Administrative Code (OAC) Rule 3745–21–09(U). These variances expire on (3 years and 30 days from date of publication). The accommodative SIP for Auglaize County is removed for the period these variances are in effect. (i) Incorporation by reference. (A) Condition Number 8 (which references Special Terms and Conditions Numbers 1 through 5) within each of 19 “State of Ohio Environmental Protection Agency Variances to Operate An Air Contaminant Source”, Application Numbers 0306010138K001–0306010138K019, for Goodyear Tire and Rubber Company. The Date of Issuance is May 22, 1987. (85) On February 17, 1988, and January 4, 1989, the Ohio Environmental Protection Agency submitted a revision to the total suspended particulate SIP for Youngstown Thermal Corporation located in Youngstown, Ohio. This revision establishes a 0.02 lb/MMBTU emission limit for the one gas and Number 2 oil-fired boiler (B001) and a 0.14 lb/MMBTU limit for the three coal-fired boilers (B002, B003, and B004). (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) Rule 3745–17–01, effective in Ohio on October 1, 1983; Rule 3745–17–03, effective in Ohio on October 15, 1983; and Rule 3745–17–10, effective in Ohio on October 1, 1983, as they apply to Youngstown Thermal Energy Corporation in Youngstown, Ohio only. (86) [Reserved] (87) On July 11, 1988, Ohio submitted its vehicle inspection and maintenance regulation for Cuyahoga, Lake, Lorain, Hamilton, and Butler Counties. (i) Incorporation by reference. (A) Ohio Administrative Code rules 3745–26–01, 3745–26–02, 3745–26–03, 3745–26–04, 3745–26–05, 3745–26–06, 3745–26–07, 3745–26–08, and 3745–26–09, effective July 17, 1987. (88) On April 11, 1994, the Ohio Environmental Protection Agency submitted a request for a revision to the Ohio State Implementation Plan for particulate matter and nitrogen oxides for specified source categories that require continuous emissions monitoring, recording, and reporting. (i) Incorporation by reference. (A) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 1413100008 B002 and 1413100008 B005 for Cincinnati Gas and Electric (CG&E) Company, W. C. Beckjord Station. The dates of issuance are July 16, 1992. These permits are approved through the expiration date of July 15, 1995. (B) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 1413100008 B003 and 1413100008 B006 for Cincinnati Gas and Electric Company, W. C. Beckjord Station. The dates of issuance are November 13, 1992. These permits are approved through the expiration date of November 12, 1995. (C) Special Terms and Conditions No. 5 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 1431350093 B005 and 1431350093 B006 for Cincinnati Gas and Electric Company, Miami Fort. The dates of issuance are September 3, 1993. These permits are approved through the expiration date of September 1, 1996. (D) Special Terms and Conditions No. 5 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1431350093 B007 for Cincinnati Gas and Electric Company, Miami Fort. The date of issuance is November 19, 1993. This permit is approved through the expiration date of November 18, 1996. (E) Special Terms and Conditions No. 3 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 0204000211 B001 and 0204000211 B003 for Cleveland Electric Illuminating Company, Ashtabula Plant “C”. The dates of issuance are April 24, 1992. These permits are approved through the expiration date of April 23, 1995. (F) Special Terms and Conditions No. 6 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1318000245 B006 for Cleveland Electric Illuminating Company, Lakeshore Plant. The date of issuance is December 7, 1993. This permit is approved through the expiration date of December 6, 1996. (G) Special Terms and Conditions No. 5 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 0616000000 B004 for Columbus Southern Power Company, Conesville Station. The date of issuance is December 4, 1992. This permit is approved through the expiration date of December 3, 1995. (H) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 0616000000 B001 and 0616000000 B002 for Columbus Southern Power Company, Conesville Station. The dates of issuance are June 22, 1993. These permits are approved through the expiration date of June 21, 1996. (I) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 0616000000 B003 for Columbus Southern Power Company, Conesville Station. The date of issuance is June 29, 1993. This permit is approved through the expiration date of June 28, 1996. (J) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 0701000007 B001 through 0701000007 B004 for Dayton Power and Light Company, J. M. Stuart Station. The dates of issuance are July 6, 1993. These permits are approved through the expiration date of July 5, 1996. (K) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1707130015 B005 for Ohio Edison Company, R. E. Burger Plant. The date of issuance is July 30, 1993. This permit is approved through the expiration date of July 29, 1996. (L) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 1707130015 B006 through 1707130015 B008, and Application Numbers 1707130015 B011 and B012 for Ohio Edison Company, R. E. Burger Plant. The dates of issuance are August 3, 1993. These permits are approved through the expiration date of August 2, 1996. (M) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 1707130015 B009 and 1707130015 B010 for Ohio Edison Company, R. E. Burger Plant. The dates of issuance are October 8, 1993. These permits are approved through the expiration date of October 7, 1996. (N) Special Terms and Conditions No. 6 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1741180018 B001 for Ohio Edison Company, Toronto Plant. The date of issuance is March 5, 1993. This permit is approved through the expiration date of March 4, 1996. (O) Special Terms and Conditions No. 6 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1741180018 B001 for Ohio Edison Company, Toronto Plant. The date of issuance is March 5, 1993. This permit is approved through the expiration date of March 4, 1996. (P) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1741180018 B002 for Ohio Edison Company, Toronto Plant. The date of issuance is October 15, 1993. This permit is approved through the expiration date of October 24, 1996. (Q) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1741180018 B003 for Ohio Edison Company, Toronto Plant. The date of issuance is November 23, 1992. This permit is approved through the expiration date of November 22, 1995. (R) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 1741160017 B007 and B008, 1741160017 B010 and 1741160017 B013 for Ohio Edison Company, Sammis Plant. The dates of issuance are March 10, 1993. These permits are approved through the expiration date of March 9, 1996. (S) Special Terms and Conditions No. 3 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1741160017 B009 for Ohio Edison Company, Sammis Plant. The date of issuance is June 25, 1993. This permit is approved through the expiration date of June 24, 1996. (T) Special Terms and Conditions No. 6 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 0247080049 B003 for Ohio Edison Company, Edgewater Plant. The date of issuance is February 25, 1994. This permit is approved through the expiration date of February 25, 1997. (U) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 0627010056 B003 and 0627010056 B004 for Ohio Power Company, General James M. Gavin Plant. The date of issuance are May 2, 1992. These permits are approved through the expiration date of April 30, 1995. (V) Special Terms and Conditions No. 5 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1741050002 B001 for Ohio Power Company, Cardinal Operating Company. The date of issuance is March 30, 1993. This permit is approved through the expiration date of March 29, 1996. (W) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1741050002 B002 for Ohio Power Company, Cardinal Operating Company. The date of issuance is November 12, 1993. This permit is approved through the expiration date of November 11, 1996. (X) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1741050129 B002 for Ohio Power Company, Buckeye Power, Inc. The date of issuance is October 10, 1992. This permit is approved through the expiration date of October 19, 1995. (Y) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 0684000000 B002, 0684000000 B003, 0684000000 B004, and 0684000000 B005 for Ohio Power Company, Muskingum River Plant. The dates of issuance are May 12, 1993. These permits are approved through the expiration date of May 11, 1996. (Z) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 0684000000 B006 for Ohio Power Company, Muskingum River Plant. The date of issuance is April 20, 1993. This permit is approved through the expiration date of April 19, 1996. (AA) Special Terms and Conditions No. 5 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 0285010188 B001 for Orrville Municipal Power Plant. The date of issuance is November 13, 1991. This permit is approved through the expiration date of November 14, 1994. (BB) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 028501018 B004 for Orrville Muniticpal Power Plant. The date of issuance is January 22, 1993. This permit is approved through the expiration date of January 21, 1996. (CC) Special Terms and Conditions No. 5 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 0855100041 B001 and 0855100041 B002 for Piqua Municipal Power Plant. The dates of issuance are April 10, 1992. These permits are approved through the expiration date of April 9, 1995. (DD) Special Terms and Conditions No. 5 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 0855100041 B003 for Piqua Municipal Power Plant. The date of issuance is April 12, 1993. This permit is approved through the expiration date of April 11, 1996. (EE) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permits to Operate an Air Contaminant Source, Application Numbers 0684020037 B001 and 0684020037 B003 for American Municipal Power-Ohio, Inc. The dates of issuance are October 12, 1993. These permits are approved through the expiration date of October 11, 1996. (FF) Special Terms and Conditions No. 4 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 0684020037 B002 for American Municipal Power-Ohio, Inc. The date of issuance is November 30, 1993. This permit is approved through the expiration date of November 29, 1996. (GG) Special Terms and Conditions No. 8 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Application Number 1431390903 B022 for Procter and Gamble Company. The date of issuance is December 4, 1992. This permit is approved through the expiration date of December 3, 1995. (HH) Special Terms and Conditions No. 6 of State of Ohio Environmental Protection Agency Permit to Operate Number 1409040212 B010 for Champion International, Hamilton Mill. The date of issuance is November 8, 1991. This permit is approved through the expiration date of November 7, 1994. (II) Special Terms and Conditions Nos. 3 and 4 of State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source, Appplication Number 0448020007 P007 for BP Oil Company-Toledo Refinery. The date of issuance is March 27, 1992. This permit is approved through the expiration date of March 26, 1995. (JJ) Special Terms and Conditions No. 3 of State of Ohio Environmental Protection Agency Permit to Operate Number an Air Contaminant Source, Application Number 1576000301 P002 for Ashland Petroleum Company. The date of issuance is January 21, 1993. This permit is approved through the expiration date of January 21, 1996. (ii) Additional material. (A) Letter dated April 11, 1994 from Donald R. Schregardus, Director, Ohio Environmental Protection Agency to Valdas V. Adamkus, Regional Administrator, United States Environmental Protection Agency, Region 5. The letter states that the public hearing for the SIP revision which was held on November 13, 1986 included the negative declaration regarding existing nitric acid plants (Section 2.2 of Appendix P). (89) On February 28, 1989, the Ohio Environmental Protection Agency (OEPA) submitted a revision request to Ohio's ozone SIP for the Navistar International Transportation Corporation in Springfield, Ohio. It modified this request on March 30, 1990. The revision is in the form of variances for miscellaneous metal parts and products coating lines and exempts them from the requirements contained in Ohio Administrative Code (OAC) Rule 3745–21–09(U). These variances expire on January 4, 1994. (i) Incorporation by reference. (A) Condition Number 8 (which references Special Terms and Conditions Number 1 through 11) within both of the “State of Ohio Environmental Protection Agency Variances to Operate An Air Contaminant Source”, Application Numbers 0812760220K009 and 0812760220K013 for Navistar International Transportation Corporation. The Date of Issuance is February 28, 1989. (90) On April 9, 1986, the Ohio Environmental Protection Agency (OEPA) submitted amendments to the Ohio Administrative Code (OAC) Chapter 3745–21. The amendments are embodied in the following OAC regulations: Definitions, Rule 3745–21–01; Attainment dates and compliance time schedules, Rule 3745–21–04; Control of emissions of volatile organic compounds from stationary sources, Rule 3745–21–09; and Compliance test methods and procedures, Rule 3745–21–10. USEPA is approving these amendments with the following exceptions: The proposed relaxation for food can end sealing compounds in 3745–21–09(D)(1)(e) and (D)(2)(e) (from 3.7 to 4.4 lbs VOC/gallon); the proposed revision to the exemption in 3745–21–09(N)(3)(e) for the application by hand of any cutback asphalt or emulsified asphalt for patching or crack sealing; the recordkeeping requirements in 3745–21–09(N)(4); the relaxation from 3.5 to 6.2 lbs VOC/gallon for high performance architectural aluminum coatings in 3745–21–09(U)(1)(a)(viii); the exemption for new sources in 3745–21–09(U)(2)(f); and the relaxation for miscellaneous metals coatings in 3745–21–09(U)(1)(a)(vii). (i) Incorporation by reference. (A) Amendments to Ohio Administrative Code Rule 3745–21–01, effective on May 9, 1986. (B) Amendments to Ohio Administrative Code Rule 3745–21–04, effective on May 9, 1986. (C) Amendments to Ohio Administrative Code Rule 3745–21–09, effective on May 9, 1986, except for: (1) 3745–21–09(D)(1)(e) and (D)(2)(e) (proposed relaxation for food can end sealing); (2) 3745–21–09(N)(3)(e) (proposed revision to the exemption for the application by hand of any cutback or emulsified asphalt for patching crack sealing); (3) 3745–21–09(N)(4) (recordkeeping requirements); (4) 3745–21–09(U)(1)(a)(viii) (relaxation from 3.5 to 6.2 lbs VOC. gal for high performance architectural aluminum coatings); (5) 3745–21–09(U)(2)(f) (the exemption for new sources); and (6) 3745–21–09(U)(1)(a)(vii) (relaxation for miscellaneous metal coatings). (D) Amendments to Ohio Administrative Code Rule 3745–21–10, effective May 9, 1996. (91) On September 30, 1983, the Ohio Environmental Protection Agency (OEPA) submitted a revision request to the ozone SIP for Ludlow Flexible Packaging, Inc. (Ludlow), located in Mt. Vernon (Knox County), Ohio. This revision was in the form of variances and permits that established a bubble with monthly averaging between 22 paper coating and printing lines (sources K001–K022) and a compliance date extension to June 30, 1987. On January 13, 1987, the OEPA submitted additional information concerning this revision stating that several of the printing lines have been or will be permanently shut down and the remaining lines will be controlled by thermal incineration in accordance with OAC Rule 3745–21–09(Y). In addition, four of the paper coating lines (K017–K019, K022) have been removed from the plant. Therefore, only eight paper coating lines (K011–K016, K020 and K021) remain under the bubble. This revision exempts these lines from the control requirements contained in Ohio Administrative Code (OAC) Rules 3745–21–09(F) and 3745–21–09(Y). These variances and permits expire on April 22, 1996. The accommodative SIP for Knox County will be canceled upon approval of this SIP revision. (i) Incorporation by reference. (A) Condition Number 8 (which references Special Terms and Conditions Numbers 1–7 within each of the 5 “State of Ohio Environmental Protection Agency Variance to Operate an Air Contaminant Source,” Application Numbers 0342010111K011–0342010111K015, as they apply to Ludlow Flexible Packaging, Inc., located in Mt. Vernon, Ohio. The Date of Issuance is September 23, 1983. (B) Condition Number 8 (which references Special Terms and Conditions Numbers 1–7) within each of the 3 “State of Ohio Environmental Protection Agency Permit to Operate an Air Contaminant Source,” Application Numbers 0342010111K016, 0342010111K020, and 0342010111K021, as they apply to Ludlow Flexible Packaging, Inc., located in Mt. Vernon, Ohio. The Date of Issuance is September 23, 1983. (ii) Additional material. (A) January 13, 1987, letter from Patricia P. Walling, Chief, Division of Air Pollution Control, Ohio Environmental Protection Agency; to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental Protection agency. (92) On October 16, 1991, and March 17, 1993, the Ohio Environmental Protection Agency (OEPA) submitted revisions to the State Implementation Plan for sulfur dioxide for sources in Hamilton County, Ohio. (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) Rule 3745–18–03 Attainment dates and compliance time schedules, Sections (A)(2)(c); (B)(7)(a); (B)(7)(b); (C)(8)(a); (C)(8)(b); (C)(9)(a); (C)(9)(b); (D)(1); (D)(2); dated October 11, 1991, and effective on October 31, 1991. (B) Ohio Administrative Code (OAC) Rule 3745–18–04 Measurement methods and procedures, Sections (D)(7); (D)(8)(a) to (D)(8)(e); (E)(5); (E)(6)(a); (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated October 11, 1991, and effective on October 31, 1991. (C) Ohio Administrative Code (OAC) Rule 3745–18–37, Hamilton county emission limits, dated February 22, 1993, and effective on March 10, 1993. (D) Director's Final Findings and Order for Cincinnati Gas and Electric Company, Miami Fort Station, dated February 22, 1993. (93) In a letter dated October 16, 1992, the OEPA submitted a revision to the Carbon Monoxide State Implementation Plan for Cuyahoga County. This revision contains a maintenance plan that the area will use to maintain the CO NAAQS. The maintenance plan contains an oxygenated fuels program as a contingency measure to be implemented if the area violates the CO NAAQS. (i) Incorporation by reference. (A) Letter dated October 16, 1992, from Donald R. Schregardus, Director, Ohio Environmental Protection Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5 and its enclosures entitled “Table 1 Cuyahoga County Carbon Monoxide Emission Inventory”, Enclosure B “Cuyahoga County carbon monoxide SIP submittal”, and section 6.0 of Enclosure C “Cuyahoga County Carbon Monoxide Modeling Study Final Report.” (ii) Additional information. (A) Letter dated January 14, 1993, from Donald R. Schregardus, Director, Ohio Environmental Protection Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5. (B) Letter dated February 10, 1993, from Robert F. Hodanbosi, Chief, Division of Air Pollution Control, Ohio Environmental Protection Agency to David Kee, Director, Air and Radiation Division, U.S. Environmental Protection Agency, Region 5. (C) Letter dated July 29, 1993, from Robert F. Hodanbosi, Chief, Division of Air Pollution Control, Ohio Environmental Protection Agency to David Kee, Director, Air and Radiation Division, U.S. Environmental Protection Agency, Region 5. (94) On June 24, 1985, the Ohio Environmental Protection Agency submitted revisions to its ozone control State Implementation Plan which would establish a volatile organic compounds (VOC) bubble and alternative VOC reasonably available control technology for vinyl and U-frame vinyl coating lines at Columbus Coated Fabrics in Franklin County, Ohio. (i) Incorporation by reference. (A) Condition Number 8 (which references special Terms and Conditions Numbers 1 through 7) within each of 15 State of Ohio Environmental Protection Agency Permits and Variances to Operate an Air Contaminant Source, Application Numbers 0125040031 K001 through 0125040031 K015 for Columbus Coated Fabrics. The date of issuance is November 2, 1983. These permits and variances are approved for the period 12/12/85 to 1/6/92. (B) Condition Number 8 (which references special Terms and Conditions Numbers 1 through 4) within each of 11 State of Ohio Environmental Protection Agency Variances to Operate an Air Contaminant Source, Application Numbers 0125040031 K016 through 0125040031 K026 for Columbus Coated Fabrics. The date of issuance is November 2, 1983. These variances are approved for the period 4/1/82 to 1/6/92. (C) State of Ohio Environmental Protection Agency Orders to Modify Variances to Operate modifying Special Condition Number 1 of Ohio Environmental Protection Agency Variances to Operate an Air Contaminant Source, Application Numbers 0125040031 K016 through 0125040031 K026 for Columbus Coated Fabrics. The date of issuance is May 21, 1985. These orders are approved for the period 4/1/82 to 1/6/92. (95) On October 16, 1992, the State of Ohio submitted the tailpipe test inspection and maintenance program revisions to its carbon monoxide implementation plan for Cuyahoga County. (i) Incorporation by reference. (A) Ohio Administrative Code: amended rules, 3745–26–01 through 3745–26–09, effective May 15, 1990, and new rules, 3745–26–10 and 3745–26–11, effective May 15, 1990. (ii) Additional materials-remainder of the State submittal. (A) Letter from the Director, Ohio Environmental Protection Agency, dated November 18, 1992, and additional materials. (96) On June 9, 1988, and August 24, 1990, the Ohio Environmental Protection Agency (OEPA) submitted revisions to the State Implementation Plan for ozone. The revisions consist of new non-Control Technique Guideline volatile organic compound (VOC) rules and corrections to existing VOC rules. (i) Incorporation by reference. (A) OEPA Ohio Administrative Code (OAC) Rule 3745–21–01, Definitions, Paragraphs (A), (B), (C), (D)(1) through (5), (D)(7), (D)(9) through (62), (E) through (S); effective August 22, 1990. (B) OEPA OAC Rule 3745–21–04, Attainment Dates and Compliance Time Schedules, Paragraphs (A), (B), (C); effective August 22, 1990. (C) OEPA OAC Rule 3745–21–09, Control of Emissions of Volatile Organic Compounds from Stationary Sources, Paragraphs (A), (B), (C) through (H), (J), (K), (M), (P), (S), (T), (V), (X), (Y), (BB), (CC), (FF) through (NN), (PP), effective August 22, 1990. (D) OEPA OAC Rule 3745–21–10, Compliance Test Methods and Procedures, Paragraphs (B), (D), (F), (G), (I) through (N), (P); effective August 22, 1990. (97) On November 14, 1991, December 4, 1991, and January 8, 1992, OEPA submitted revisions to its particulate matter plan, including Statewide rule revisions, rule revisions for specific facilities in Cuyahoga and Jefferson Counties, and supplemental materials to address the requirements of part D of title I of the Clean Air Act for the Cuyahoga and Jefferson County nonattainment areas. Rules 3745–17–03(B)(10)(c) and 3745–17–12(P)(6)(a) (concerning quench water limits) are not approved. (i) Incorporation by reference. (A) Rule 3745–17–01—Definitions, effective December 6, 1991. (B) Rule 3745–17–02—Ambient air quality standards, effective June 14, 1991. (C) Rule 3745–17–03—Measurement methods and procedures, effective December 6, 1991, except for paragraph (B)(10)(c) which is disapproved. (D) Rule 3745–17–04—Compliance time schedules, effective December 6, 1991. (E) Rule 3745–17–07—Control of visible particulate emissions from stationary sources, effective June 14, 1991. (F) Rule 3745–17–08—Restriction of emission of fugitive dust, effective June 14, 1991. (G) Rule 3745–17–09—Restrictions on particulate emissions and odors from incinerators, effective July 9, 1991. (H) Rule 3745–17–10—Restrictions on particulate emissions from fuel burning equipment, effective June 14, 1991. (I) Rule 3745–17–11—Restrictions on particulate emissions from industrial processes, effective June 14, 1991. (J) Rule 3745–17–12—Additional restrictions on particulate emissions from specific air contaminant sources in Cuyahoga County, effective December 6, 1991, except for paragraph (P)(6)(a) which is disapproved. (K) Rule 3745–17–13—Additional restrictions on particulate emissions from specific air contaminant sources in Jefferson County, effective December 6, 1991. (L) Rule 3745–17–14—Contingency plan requirements for Cuyahoga and Jefferson Counties, effective December 6, 1991. (M) Rule 3745–75–01—Applicability and definitions, effective July 9, 1991. (N) Rule 3745–75–02—Emission limits, effective July 9, 1991. (O) Rule 3745–75–03—Design parameters and operating restrictions, effective July 9, 1991. (P) Rule 3745–75–04—Monitoring requirements, effective July 9, 1991. (Q) Rule 3745–75–05—Recordkeeping, effective July 9, 1991. (R) Rule 3745–75–06—Certification and compliance time schedules, effective July 9, 1991. (ii) Additional information. (A) Appendices A through P to a letter from Donald Schregardus to Valdas Adamkus dated November 14, 1991, providing emissions inventories and modeling demonstrations of attainment for the Cleveland and Steubenville areas and providing other related information. (B) A letter from Donald Schregardus to Valdas Adamkus dated December 4, 1991, and attachments, supplementing the November 14, 1991, submittal. (C) A letter from Donald Schregardus to Valdas Adamkus dated January 8, 1992, and attachments, supplementing the November 14, 1991, submittal. (98) On April 20, 1994, and March 7, 1995, Ohio submitted Rule 3745–35–07, entitled “Federally Enforceable Limitations on Potential to Emit,” and requested authority to issue such limitations as conditions in State operating permits. (i) Incorporation by reference. Rule 3745–35–07, adopted November 3, 1994, effective November 18, 1994. (99) [Reserved] (100) On March 22, 1994, the Ohio Environmental Protection Agency submitted a revision request to Ohio's ozone SIP for approval of the State's emissions statement program. The emissions statement program requirements apply to sources in the following counties: Ashtabula, Butler, Clark, Clermont, Cuyahoga, Delaware, Franklin, Geauga, Greene, Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami, Montgomery, Portage, Stark, Summit, Trumbull, Warren, and Wood. (i) Incorporation by reference. (A) Ohio Administrative Code rules 3745–24–01, 3745–24–02, 3745–24–03, and 3745–24–04, effective April 1, 1994. (101) On November 12, 1993 the Ohio Environmental Protection Agency submitted a vehicle inspection and maintenance program in accordance with section 110 of the Clean Air Act as amended in 1990. The new program replaces I/M programs in operation in the Cleveland and Cincinnati areas and establishes new programs in Dayton and any area designated moderate nonattainment or any area where local planning authorities have requested the State to implement a program. (i) Incorporation by reference. (A) Ohio Administrative Code Amended Rules 3745–26–01, 3754–26–02, 3745–26–10, and rules 3745–26–12, 3745–26–13, and 3745–26–14, all made effective on June 13, 1994. (ii) Other material. (A) Certification letter from the Director of the Ohio Environmental Protection Agency regarding the State process in developing the I/M rules and the I/M program. (B) Letter dated June 22, 1994, from the Director of OEPA regarding implementation of an I/M program in the Toledo area in the event the State's request for redesignation to attainment for that area is not approved by USEPA. (102) On June 7, 1993, and February 17, 1995, the Ohio Environmental Protection Agency (OEPA) submitted revisions to the State Implementation Plan (SIP) for ozone. The revisions include 19 new non-Control Technique Guideline volatile organic compound (VOC) rules, Findings and Orders for 5 companies, and two permits to install. (i) Incorporation by reference. (A) OEPA OAC Rule 3745–21–01, Definitions, Paragraphs (Q); (T); effective January 17, 1995. (B) OEPA OAC Rule 3745–21–04, Attainment Dates and Compliance Time Schedules, Paragraphs (C)(40); (C)(41); (C)(46); (C)(48); (C)(49); (C)(50); (C)(51); (C)(53); (C)(54); (C)(59); (C)(60); (C)(61); (C)(62); effective January 17, 1995. (C) OEPA OAC Rule 3745–21–09, Control of Emissions of Volatile Organic Compounds from Stationary Sources, Paragraphs (FF), (GG), (HH), (II), (JJ), (KK), (LL), (MM), (NN), (OO), (PP), (QQ), (SS), (TT), (YY), (ZZ), (AAA); (BBB); effective January 17, 1995. (D) Director's Final Findings and Orders for AK Steel Corporation (Middletown), International Paper Company (Cincinnati), Midwest Mica & Insulation Company (Cleveland), Reilly Industries, Inc. (Cleveland), and Sprayon Products, Inc. (Bedford Heights), Issued by Ohio Environmental Protection Agency on August 18, 1995. (E) Permit to Install, Application Number 13–2396, for Excello Specialty Company, APS Premise Number 1318607686. The date of issuance is December 11, 1991. (F) Permit to Install, Application Number 14–2096, for Hilton Davis Company, APS Premise Number 1431070039. The date of issuance is June 12, 1991. (103) On June 7, 1993, and February 17, 1995, the Ohio Environmental Protection Agency (OEPA) submitted revisions to the State Implementation Plan (SIP) for ozone. The revisions include one new non-Control Technique Guideline volatile organic compound (VOC) rule, corrections to existing VOC rules, and two permits-to-install. (i) Incorporation by reference. (A) OEPA Ohio Administrative Code (OAC) Rule 3745–21–01, Definitions, Paragraphs (B)(1), (B)(2), (B)(6), (D)(6), (D)(8), (D)(22), (D)(45), (D)(48), (D)(58), (M)(8); effective January 17, 1995. (B) OEPA OAC Rule 3745–21–04, Attainment Dates and Compliance Time Schedules, Paragraphs (B), (C)(3)(c), (C)(4)(b), (C)(5)(b), (C)(6)(b), (C)(8) (b) and (c), (C)(9)(b), (C)(10)(b), (C)(19) (b), (c), and (d), (C)(28)(b), (C)(38), (C)(39), (C)(42), (C)(43), (C)(44), (C)(45), (C)(47), (C)(55), (C)(65); effective January 17, 1995. (C) OEPA OAC Rule 3745–21–09, Control of Emissions of Volatile Organic Compounds from Stationary Sources, Paragraphs (A), (C) through (L), (N) through (T), (X), (Y), (Z), (BB), (CC), (DD), (UU), Appendix A; effective January 17, 1995. (D) OEPA OAC Rule 3745–21–09, Control of Emissions of Volatile Organic Compounds from Stationary Sources, Paragraph (B) except (B)(3)(d) and (e) for the Ohio Counties of Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and Warren; effective January 17, 1995. (E) OEPA OAC Rule 3745–21–09, Control of Emissions of Volatile Organic Compounds from Stationary Sources, Paragraph (U) except (U)(1)(h) statewide and (U)(2)(e)(ii) for the Ohio Counties of Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and Warren; effective January 17, 1995. (F) OEPA OAC Rule 3745–21–10, Compliance Test Methods and Procedures, Paragraphs (A), (B), (C), (E), (O); effective January 17, 1995. (G) Permit to Install, Application Number 04–204, for Abitibi-Price Corporation, APS Premise Number 0448011192. The date of issuance is July 7, 1983. (H) Permit to Install, Application Number 08–3273, for General Motors Corporation Delco Chassis Division, APS Premise Number 0857040935. The date of issuance is February 13, 1995. (ii) Additional material. (A) On June 7, 1993, the OEPA submitted negative declarations for the source categories of polypropylene or high density polyethylene resin manufacturing, natural gas/gasoline processing plants, and surface coating of flat wood paneling. These negative declarations are approved into the Ohio ozone SIP. (B) On February 21, 1995, the OEPA submitted a list of facilities subject to the post-enactment source categories listed in Appendix E to the General Preamble. 57 FR 18070, 18077 (April 28, 1992). This list is approved into the Ohio ozone SIP. (104) On June 7, 1993, the Ohio Environmental Protection Agency (OEPA) submitted a revision request to Ohio's ozone SIP for approval of the State's Stage II vapor recovery program. The Stage II program requirements apply to sources in the following areas: Cincinnati-Hamilton; Cleveland-Akron-Lorain; and Dayton-Springfield. (i) Incorporation by reference. (A) OEPA Ohio Administrative Code (OAC) Rule 3745–21–04, Attainment Dates and Compliance Time Schedules, Paragraph (C)(64); effective date March 31, 1993. (B) OEPA OAC Rule 3745–21–10, Compliance Test Methods and Procedures, Paragraphs (Q), (R), (S), Appendices A, B, C; effective date March 31, 1993. (C) Ohio Administrative Code rules 3745–21–09(DDD)(1)-(4), effective date March 31, 1993. (105) On September 17, 1993, the Ohio Environmental Protection Agency requested the redesignation of Lucas and Wood Counties to attainment of the National Ambient Air Quality Standard for ozone. To meet the redesignation criteria set forth by section 107(d)(3)(E) (iii) and (iv), Ohio credited emissions reductions from the enclosure of the “oily ditch” at the British Petroleum Refinery in Oregon, Ohio. The USEPA is approving the Director's Finding and Order which requires the enclosure of the “oily ditch” into the SIP for Lucas and Wood Counties. (i) Incorporation by reference. (A) Letter dated June 2, 1994, from Donald R. Schregardus, Director, Ohio Environmental Protection Agency, to Valdas Adamkus, Regional Administrator, USEPA, Region 5, and one enclosure which is the revised Director's Final Findings and Orders in the matter of BP Oil company, Toledo Refinery, 4001 Cedar Point Road, Oregon, Ohio, Fugitive Emissions from the Refinery Waste Water System “Oily Ditch”, effective June 2, 1994. (106) On October 7, 1994, Ohio submitted four rules in Chapter 3745–71 of the Ohio Administrative Code, entitled “Lead Emissions,” and submitted a modeling demonstration that the limitations in these rules assure attainment of the lead standard in central Cleveland. (i) Incorporation by reference. Rules 3745–71–01, 3745–71–03, 3745–71–05, and 3745–71–06, all adopted September 22, 1994, and effective October 4, 1994. (ii) Additional material. A submittal letter from the Director of the Ohio Environmental Protection Agency, with attachments documenting a modeling analysis of lead concentrations near the Master Metals secondary lead smelter. (107) Approval—On August 17, 1995, the Ohio Environmental Protection Agency submitted a revision to the State Implementation Plan for general conformity rules. The general conformity rules enable the State of Ohio to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans. (i) Incorporation by reference. August 1, 1995, Ohio Administrative Code Chapter 3745–102, effective August 21, 1995. (108) [Reserved] (109) On July 17, 1995, Ohio submitted a Particulate Matter (PM) contingency measures State Implementation Plan (SIP) revision request. The submittal includes Final Findings and Orders for 5 companies. The Findings and Orders provide PM emission reductions which will take effect if an area fails to attain the National Ambient Air Quality Standards for PM. (i) Incorporation by reference. Director's Final Findings and Orders for Ford Motor Company (Cleveland Casting Plant), T&B Foundry Company, International Mill Service, Luria Brothers, and United Ready Mix, issued by the Ohio Environmental Protection Agency on July 10, 1995. (110) On November 3, 1995, December 21, 1995, and March 21, 1996, OEPA submitted revisions to its particulate matter plan, addressing prior deficiencies in its plans for Cuyahoga and Jefferson Counties. (i) Incorporation by reference. (A) Rule 3745–17–03—Rule 3745–17–03—Measurement methods and procedures, effective November 15, 1995. (B) Rule 3745–17–04—Compliance time schedules, effective November 15, 1995. (C) Rule 3745–17–12—Additional restrictions on particulate emissions from specific air contaminant sources in Cuyahoga County, effective November 15, 1995. (D) Findings and Orders issued to the Wheeling-Pittsburgh Steel Corporation, signed by Donald Schregardus and effective on October 31, 1995. (ii) Additional material—Dispersion modeling analyses for the Steubenville area and for Cuyahoga County near Ford's Cleveland Casting Plant. (111) On July 18, 1996, the Ohio Environmental Protection Agency submitted a site specific State Implementation Plan revision for Ohio Edison's Sammis and Toronto plants for Sulfur Dioxide. The revisions for the Sammis plant provide “as an alternative” to the existing boiler specific regulations a limit of “2.91 lbs./MMBTU actual heat input from each boiler”. The regulation for the Toronto plant reduces allowable emissions to 2.0 lbs./MMBTU. (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) Rule 3745–18–47, effective July 25, 1996. (112) On August 29, 1996, the United States Environmental Protection Agency received from the Ohio Environmental Protection Agency, changes to the approved vehicle inspection and maintenance (I/M) program which control the release of volatile organic compounds from vehicles. These changes provide a repair spending cap of $300 and a temporary hardship extension of time up to 6 months for owners to perform needed repairs on vehicles which fail the I/M program test. (i) Incorporation by reference. (A) Rule 3745–26–01—Definitions effective May 15, 1996. (B) Rule 3745–26–12—Requirements for motor vehicle owners in the enhanced or opt-in enhanced automobile inspection and maintenance program, effective May 15, 1996. (113) On August 30, 1996, Ohio submitted a request to extend the exemption from opacity limits for the boilers at Ford's Cleveland Engine Plant 1 to six hours after start-up. (i) Incorporation by reference. (A) Findings and Orders for boilers number 1 through number 5 at Ford's Cleveland Engine Plant 1, signed by Donald Schregardus on May 31, 1996. (114) On November 12, 1996, the Ohio Environmental Protection Agency submitted a request to incorporate section(G)(9)(g) of Rule 3745–21–07 of the Ohio Administrative Code into the Ohio State Implementation Plan (SIP). Section (G)(9)(g) provides an additional exemption from organic compound emission controls for qualifying new sources. Because, in the process of adopting section(G)(9)(g), minor editorial changes were made to other parts of Rule 3745–21–07, the United States Environmental Protection Agency is incorporating all of Rule 3745–21–07 into the Ohio SIP. This will avoid confusion by making the SIP approved rule identical to the current State rule. (i) Incorporation by reference. (A) Rule 3745–21–07 of the Ohio Administrative Code, adopted October 7, 1996, effective October 31, 1996, as certified by Donald R. Schregardus, Director of the Ohio Environmental Protection Agency. (115) On January 3, 1997, the Ohio EPA submitted a revision to the Hamilton County sulfur dioxide implementation plan for the Procter and Gamble Company, Ohio Administrative Code 3745–18–37(GG)(2), which limits combined average operating rate of all boilers (B001, B008, B021, and B022) to a maximum of 922 million BTU per hour for any calendar day. Boilers B001 and B008 are each allowed to emit 1.1 pounds of sulfur dioxide per million BTU actual heat input. Boiler B021 is limited to 1.50 pounds of sulfur dioxide per million BTU; and boiler B022 is limited to 2.0 pounds of sulfur dioxide per million BTU average heat input. (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) Rule 3745–18–37(GG)(2), Hamilton County emission limits, dated December 17, 1996, for Procter and Gamble Company. (B) Director's Findings and Orders in the matter of the adoption of amended Rule 3745–18–37 of the Ohio Administrative Code, dated December 17, 1996. (ii) Additional Materials. (A) Letter from Ohio EPA Director Donald R. Schregardus to Regional Administrator Valdas Adamkus, dated January 3, 1997. (B) Letter from Ohio EPA Air Pollution Control Division Chief, Robert Hodanbosi to EPA dated August 11, 1997. (116) On December 9, 1996, the Ohio Environmental Protection Agency submitted two revisions to its sulfur dioxide rules. The first revision provides adjusted, State adopted limits for a Sun Oil Company facility. The second revision, applicable Statewide, exempts sources from operating hour limits on days when only natural gas is burned. Further, by letter of December 15, 1997, the State requested that U.S. Environmental Protection Agency address the addition of emission limits for stationary gas turbines and stationary internal combustion engines in rule 3745–18–06 that have been adopted previously. (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) rule 3745–18–54 (O) and OAC rule 3745–18–06, adopted October 7, 1996, effective October 31, 1996. (117) On August 1, 1997 the Ohio Environmental Protection Agency submitted a requested revision to the Ohio State Implementation Plan. This revision constituted amendments to the emissions statement reporting regulations approved on October 13, 1994 and codified in paragraph (c)(100) of this section. The revision is intended to limit the applicability of these rules to stationary sources located within the State's marginal and above ozone nonattainment areas. (i) Incorporation by reference. (A) Ohio Administrative Code Rule 3745–24–02 Applicability. Effective July 31, 1997. (118) On August 20, 1998, Ohio submitted material including State adopted limits for Lake County, and requested approval of limits for the Ohio First Energy Eastlake Plant and the Ohio Rubber Company Plant. (i) Incorporation by reference. (A) Rule 3745–18–49 (G) and (H) of the Ohio Administrative Code, effective May 11, 1987. (119) On September 21, 1998, Ohio submitted revisions to its Permit to Operate rules as a revision to the State implementation plan. (i) Incorporation by reference (A) Ohio Administrative Code 3745–35–02, adopted April 4, 1994, effective April 20, 1994. (120) On January 3, 1999, Ohio submitted, as a State implementation plan revision, de minimus exemption provisions for its permitting rules. (i) Incorporation by reference (A) Ohio Administrative Code 3745–15–05, adopted April 4, 1994, effective April 20, 1994. (121) On March 20, 2000, the Ohio Environmental Protection Agency submitted rules to control sulfur dioxide emissions in Coshocton, Gallia and Lorain Counties. (i) Incorporation by reference. Rules OAC 3745–18–22; OAC 3745–18–33; and OAC 3745–18–53. Adopted March 1, 2000; effective March 21, 2000. (122) On October 6, 1999, the Ohio Environmental Protection Agency submitted revised Transportation Conformity rules for the State of Ohio. The submittal made revisions to the current State plan for the implementation of the federal transportation conformity requirements at the State and local level in accordance with 40 CFR part 51, subpart T—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act. Only certain sections of the submittal are approved. (i) Incorporation by reference. (A) Ohio Administrative Code: amended rules, OAC 3745–101–02, OAC 3745–101–03 (A), (B), (C), (D), (G), (H), (I), (J), (K), (L), except (E) and (F), OAC 3745–101–05, OAC 3745–101–06, OAC 3745–101–07 (A), (B), (C) except for (C)(1)(a) and (C)(2)(a), (D), (E), (F), (G), (H), (I), (J), OAC 3745–101–08, OAC 3745–101–09, OAC 3745–101–10, OAC 3745–101–11, OAC 3745–101–12 except for (A)(2), OAC 3745–101–13 except (A)(1), OAC 3745–101–14, OAC 3745–101–15, OAC 3745–101–17, OAC 3745–101–18, OAC 3745–101–19, effective on February 16, 1999. (B) No action is being taken on: OAC 3745–101–04. (123) On July 6, 2000, the State of Ohio submitted a site-specific State Implementation Plan (SIP) revision affecting Volatile Organic Compound control requirements at Morgan Adhesives Company in Stow, Ohio. The SIP revision establishes an alternative control strategy for limiting volatile organic compound emissions from coating lines at its pressure sensitive tape and manufacturing plant in Stow. (i) Incorporation by reference. July 5, 2000, Director's Final Findings and Orders of the Ohio Environmental Protection Agency in the matter of: Morgan Adhesives Company, effective on July 5, 2000. (124) On November 9, 2000, Ohio submitted Director's Final Findings and Orders revising sulfur dioxide emissions regulations for the Lubrizol Corporation facility in Lake County, Ohio. The revisions include the adjustment of six short-term emissions limits, the addition of an annual emissions limit, and the addition of a continuous emissions monitoring system (CEMS). These state implementation plan revisions do not increase allowable sulfur dioxide emissions. (i) Incorporated by reference. Emissions limits for the Lubrizol Corporation facility in Lake County contained in Director's Final Findings and Orders. The orders were effective on November 2, 2000 and entered in the Director's Journal on November 9, 2000. (125) On March 20, 2000, the Ohio Environmental Protection Agency submitted revised rules to control sulfur dioxide emissions in Butler and Pickaway Counties, and a revision to compliance time schedules as well as measurement methods and procedures for SO2 sources for the State of Ohio. Ohio has rescinded OAC 3745–18–04 (G), which had special emission calculation procedures for Hamilton County. (i) Incorporation by reference. (A) Rules OAC 3745–18–03(A)(2)(d); OAC 3745–18–03(B)(4); OAC 3745–18–03(B)(8); OAC 3745–18–03(C)(6); OAC 3745–18–03(C)(10); 3745–18–04(D)(8); 3745–18–04(D)(9); OAC 3745–18–04(E)(7); OAC 3745–18–04(F); OAC 3745–18–15; OAC 3745–18–71. Adopted March 1, 2000, effective March 21, 2000. (B) Rule OAC 3745–18–49(F), effective May 11, 1987. (126) On March 1, 1996, and several subsequent dates, Ohio submitted revisions to its Permit to Install rules as a revision to the State implementation plan. (i) Incorporation by reference. (A) Ohio Administrative Code (OAC) Rule 3745–31–21, effective April 27, 1998; OAC Rules 3745–31–22 through 3745–31–27, effective April 12, 1996; OAC Rules 3745–47–01, 3745–47–2, and 3745–47–03, effective June 30, 1981; OAC Rule 3745–47–05, effective June 30, 1981; OAC Rule 3745–47–07, effective June 30, 1981; and OAC Rule 3745–47–08(D), effective August 10, 1999. (127) On July 18, 2002, Ohio submitted revisions to its Permit to Install rules as a revision to the State implementation plan. (i) Incorporation by reference. (A) Ohio Administrative Code Rules 3745–31–01, 3745–31–02, 3745–31–03, 3745–31–05, and 3745–31–07 effective November 30, 2001. (128) On July 11, 2002, the Ohio Environmental Protection Agency submitted revisions to Chapter 3745–14-(1 through 11) of the Ohio Administrative Code (OAC), an oxides of nitrogen (NOX) budget trading program in Ohio, with a request that the Ohio State Implementation Plan be revised to include these NOX rules. (i) Incorporation by reference. (A) Ohio NOX rules: 3745–14–01, 3745–14–02, 3745–14–03, 3745–14–04, 3745–14–05, 3745–14–06, 3745–14–07, 3745–14–08, 3745–14–09, 3745–14–10, 3745–14–11 in the OAC all with an effective date of July 18, 2002. (ii) On June 25, 2003, the Ohio Environmental Protection Agency submitted a letter committing to change the flow control date, in rule 3745–14–06(E)(6) from 2006 to 2005, within approximately 6 months of the effective date of the submittal date. (129) On September 27, 2003, the Ohio Environmental Protection Agency submitted revised rules for sulfur dioxide. The submittal includes revised provisions in Rules 3745–18–01, 3745–18–04, and 3745–18–06, relating to natural gas use, as well as special provisions in Rule 3745–18–04 for compliance testing for Lubrizol in Lake County. The submittal includes recently revised Ohio limits in Cuyahoga, Lake, Mahoning, Monroe, and Washington Counties, as well as previously adopted source-specific limits in Adams, Allen, Clermont, Lawrence, Montgomery, Muskingum, Pike, Ross, and Wood Counties that had not previously been subject to EPA rulemaking. (i) Incorporation by reference. (A) Rules OAC 3745–18–01; OAC 3745–18–04(F); OAC 3745–18–04(J); OAC 3745–18–06; OAC 3745–18–24; OAC 3745–18–49; OAC 3745–18–56; OAC 3745–18–62; and OAC 3745–18–90. Adopted August 19, 2003, effective September 1, 2003. (B) Rules OAC 3745–18–07(B); OAC 3745–18–08(H); OAC 3745–18–19(B); OAC 3745–18–66(C); OAC 3745–18–72(B);, effective May 11, 1987. (C) OAC 3745–18–50(C); OAC 3745–18–77(B); effective December 28, 1979. (D) OAC 3745–18–63(K) and (L); and OAC 3745–18–93(B) and (C); effective December 1, 1984. (ii) Additional material—Letter from Robert Hodanbosi, Chief of the Division of Air Pollution Control of the Ohio EPA, to Thomas Skinner, Regional Administrator for Region 5 of USEPA, dated September 27, 2003. (130) On November 26, 2003, the Ohio Environmental Protection Agency submitted revisions to OAC rule 3745–14–06 (NOX Allowance Tracking System) that changes the flow control date to 2005. (i) Incorporation by reference. (A) Amended OAC rule 3745–14–06. Adopted by the Ohio Environmental Protection Agency on November 12, 2003. Effective November 24, 2003. (B) [Reserved] (131) [Reserved] (132) On June 28, 2004, the Ohio Environmental Protection Agency submitted revisions to OAC rule 3745–14–01. These revisions change the definition of “boiler” by excluding from the trading program carbon monoxide (CO) boilers associated with combusting CO from fluidized catalytic cracking units at petroleum refineries. The submittal also includes revisions to OAC rule 3745–14–03 (A housekeeping correction to reference OAC Chapter 3745–77 concerning Title V operating permit) and 3745–14–05 (Revising the number of trading program budget allowances and source identification for the ozone seasons 2004 through 2007). (i) Incorporation by reference. (A) Ohio Administrative Code rules 3745–14–01, 3745–14–03, and 3745–14–05, effective May 25, 2004. (133) On May 20, 2005, the Ohio Environmental Protection Agency submitted volatile organic compound (VOC) regulations for five source categories in the Cincinnati ozone nonattainment area. These regulations complete the requirement that all VOC reasonably available control technology (RACT) regulations, for which there are eligible sources, have been approved by EPA into the SIP for the Cincinnati ozone nonattainment area. (i) Incorporation by Reference. The following sections of the Ohio Administrative Code (OAC) are incorporated by reference. (A) OAC rule 3745–21–01(U), (definitions for commercial bakery oven facilities), effective May 27, 2005. (B) OAC rule 3745–21–01(V), (definitions for reactors and distillation units employed in SOCMI chemical production), effective May 27, 2005. (C) OAC rule 3745–21–01(W), (definitions for batch operations), effective May 27, 2005. (D) OAC rule 3745–21–01(X), (definitions for wood furniture manufacturing operations), effective May 27, 2005. (E) OAC rule 3745–21–01(Y), (definitions for industrial wastewater), effective May 27, 2005. (F) OAC rule 3745–21–12: “Control of Volatile Organic Compound Emissions from Commercial Bakery Oven Facilities”, effective May 27, 2005. (G) OAC rule 3745–21–13: “Control of Volatile Organic Compound Emissions from Reactors and Distillation Units Employed in SOCMI Chemical Production”, effective May 27, 2005. (H) OAC rule 3745–21–14: “Control of Volatile Organic Compound Emissions from Process Vents in Batch Operations”, effective May 27, 2005. (I) OAC rule 3745–21–15: “Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations”, effective May 27, 2005. (J) OAC rule 3745–21–16: “Control of Volatile Organic Compound Emissions from Industrial Wastewater”, effective May 27, 2005. [37 FR 10886, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1870, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1871 Classification of regions. top The Ohio plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Greater Metropolitan Cleveland Intrastate................. I I III III I Huntington (West Virginia)-Ashland (Kentucky)-Portsmouth- I III III III III Ironton (Ohio) Interstate................................ Mansfield-Marion Intrastate............................... II II III III III Metropolitan Cincinnati Interstate........................ I II III III I Metropolitan Columbus Intrastate.......................... I III III III I Metropolitan Dayton Intrastate............................ I II III III I Metropolitan Toledo Interstate............................ I I III III I Northwest Ohio Intrastate................................. II I III III III Northwest Pennsylvania-Youngstown Interstate.............. I II III III III Parkersburg (West Virginia)-Marietta (Ohio) Interstate.... I II III III III Sandusky Intrastate....................................... III III III III III Steubenville-Weirton-Wheeling Interstate.................. I I III III III Wilmington-Chillicothe-Logan Intrastate................... III III III III III Zanesville-Cambridge Intrastate........................... II IA III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10886, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 FR 72146, Oct. 31, 1980] § 52.1872 [Reserved] top § 52.1873 Approval status. top With the exceptions set forth in this subpart the Administrator approves Ohio's plan for the attainment and maintenance of the National Ambient Air Quality Standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plan satisfies all the requirements of Part D, Title 1 of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by January 1, 1981 for the sources covered by CTGs between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. [45 FR 72146, Oct. 31, 1980, as amended at 47 FR 28099, June 29, 1982] § 52.1874 [Reserved] top § 52.1875 Attainment dates for achieving the sulfur dioxide secondary standard. top The attainment date for achieving the sulfur dioxide (SO2) secondary national ambient air quality standard (NAAQS) is August 27, 1979 except as follows. The following sources are required to achieve the secondary SO2 NAAQS by June 17, 1980: Youngstown Sheet & Tube Co.; PPG Industries, Inc.; Wheeling-Pittsburgh Steel Corp.; Pittsburgh-Canfield Corporation; The Timken Company; The Sun Oil Co.; Sheller-Globe Corp.; The B.F. Goodrich Company; Phillips Petroleum Co.; Shell Oil Co.; Federal Paper Board Co.; The Firestone Tire & Rubber Co.; Republic Steel Corp.; Chase Bag Co.; White-Westinghouse Corp.; U.S. Steel Corp.; Interlake, Inc.; Austin Power Co.; Diamond Crystal Salt Co.; The Goodyear Tire & Rubber Co.; The Gulf Oil Co.; The Standard Oil Co.; Champion International Corp.; Koppers Co., Inc.; General Motors Corp.; E.I. duPont de Nemours and Co.; Coulton Chemical Corp.; Allied Chemical Corp.; Specialty Chemical Division; The Hoover Co.; Aluminum Co. of America; Ohio Greenhouse Asso.; Armco Steel Corp.; Buckeye Power, Inc.; Cincinnati Gas and Electric; Cleveland Electric Illuminating Co.; Columbus and Southern Ohio Electric; Dayton Power and Light Co.; Duquesne Light Co.; Ohio Edison Co.; Ohio Electric Co.; Pennsylvania Power Co.; Toledo Edison Co.; Ohio Edison Co.; RCA Rubber Co. The Ashland Oil Company is subject to a secondary SO2 NAAQS attainment date of September 14, 1982. The following sources located in Summit County are required to achieve the secondary SO2 NAAQS by January 4, 1983: Diamond Crystal Salt; Firestone Tire & Rubber Co.; General Tire & Rubber Co.; General Tire & Rubber; B.F. Goodrich Co.; Goodyear Aerospace Corp.; Goodyear Tire & Rubber Co.; Chrysler Corp.; PPG Industries Inc.; Seiberling Tire & Rubber; Terex Division of General Motors Corp.; Midwest Rubber Reclaiming; Kittinger Supply Co. The boiler of PPG Industries, Inc. located in Summit County must achieve attainment of the secondary SO2 NAAQS by August 25, 1983. The Portsmouth Gaseous Diffusion Plant in Pike County is required to attain the secondary SO2 NAAQS by November 5, 1984. The Ohio Power Company Galvin Plant located in Gallia County is required to attain the secondary SO2 NAAQS by August 25, 1985. [61 FR 16062, Apr. 11, 1996] § 52.1876 Control strategy: Nitrogen dioxide. top (a) The condition to EPA's approval of the oxides of nitrogen State Implementation Plan (SIP) codified at 40 CFR 52.1870(c)(128) is satisfied by Ohio's November 26, 2003, submittal of the change to the flow control date in the oxides of nitrogen budget trading SIP. (b) [Reserved] [69 FR 13234, Mar. 22, 2004] § 52.1877 Control strategy: Photochemical oxidants (hydrocarbons). top (a) The requirements of Subpart G of this chapter are not met because the Ohio plan does not provide for the attainment and maintenance of the national standard for photochemical oxidants (hydrocarbons) in the Metropolitan Cincinnati interstate region by May 31, 1975. (b) The requirements of §52.14 are not met by Rule 3745–21–09(N)(3) (a) and (e); Rule 3745–21–09(Z)(1)(a); Rule 3745–21–10, Section G; and Rule 3745–21–10, Section H, because these Ohio Rules do not provide for attainment and maintenance of the photochemical oxidant (hydrocarbon) standards throughout Ohio. (1) USEPA is disapproving new exemptions for the use of cutback asphalt [(Rule 3745–21–09(N)(3) (a) and (e)], because Ohio did not provide documentation regarding the temperature ranges in the additional two months that the State permits the use of cutback asphalts, and a lack of training is not sufficient reason for the 1000 gallons exemptions. (2) USEPA is disapproving Section V [Rule 3745–21–09(V)], because it contains an alternative leak testing procedure for gasoline tank trucks which USEPA finds to be unapprovable. (3) USEPA is disapproving exclusion of the external floating roof (crude oil) storage tanks from the secondary seal requirement [Rule 3745–21–09(Z)(1)(a)], because Ohio has not demonstrated that the relaxation would not interfere with the timely attainment and maintenance of the NAAQS for ozone. (4) USEPA is disapproving compliance test method Section G, [Rule 3745–21–10] as an alternative leak testing procedure for gasoline tank trucks, because such action on Section G, is consistent with USEPA's action on Rule 3745–21–09(V), which USEPA finds to be unapprovable. (5) USEPA is disapproving compliance test method Section H, [Rule 3745–21–10], which involves a pressure test of only the vapor recovery lines and associated equipment. Compliance test method Section H is inconsistent with USEPA's control technique guidances and with tank truck certification regulations that are in effect in 19 other States. In addition, OEPA has presented no acceptable evidence demonstrating why this rule constitutes RACT. [38 FR 30974, Nov. 8, 1973, as amended at 39 FR 13542, Apr. 15, 1974; 51 FR 40676, Nov. 7, 1986; 54 FR 1940, Jan. 18, 1989] § 52.1878 [Reserved] top § 52.1879 Review of new sources and modifications. top (a) The requirements of sections 172, 173, 182, and 189 for permitting of major new sources and major modifications in nonattainment areas for ozone, particulate matter, sulfur dioxide, and carbon monoxide are not met, because Ohio's regulations exempt source categories which may not be exempted and because the State has not adopted the new permitting requirements of the Clean Air Act Amendments of 1990 in a clear or enforceable manner. (b) [Reserved] (c) The requirements of §51.161 of this chapter are not met because the State failed to submit procedures providing for public comment on review of new or modified stationary sources. (d) Regulation providing for public comment. (1) For purposes of this paragraph, Director shall mean the Director of the Ohio Environmental Protection Agency. (2) Prior to approval or disapproval of the construction or modification of a stationary source, the Director shall: (i) Make a preliminary determination whether construction or modification of the stationary source should be approved, approved with conditions or disapproved; (ii) Make available in at least one location in the region in which the proposed stationary source would be constructed or modified, a copy of all materials submitted by the owner or operator, a copy of the Director's preliminary determination, and a copy or summary of other materials, if any, considered by the Director in making his preliminary determination; and (iii) Notify the public, by prominent advertisement in a newspaper of general circulation in the region in which the proposed stationary source would be constructed or modified, of the opportunity for public comment on the information submitted by the owner or operator and the Director's preliminary determination on the approvability of the new or modified stationary source. (3) A copy of the notice required pursuant to this paragraph shall be sent to the Administrator through the appropriate regional office and to all other State and local air pollution control agencies having jurisdiction within the region where the stationary source will be constructed or modified. (4) Public comments submitted in writing within 30 days of the date such information is made available shall be considered by the Director in making his final decision on the application. (e) Approval—EPA is approving requests submitted by the State of Ohio on March 18, November 1, and November 15, 1994, for exemption from the requirements contained in section 182(f) of the Clean Air Act. This approval exempts the following counties in Ohio from the NOX related general and transportation conformity provisions and nonattainment area NSR for new sources and modifications that are major for NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson, Licking, Mahoning, Preble, Stark, and Trumbull. This approval also exempts the following counties in Ohio from the NOX related general conformity provisions; nonattainment area NSR for new sources and modifications that are major for NOX; NOX RACT; and a demonstration of compliance with the enhanced I/M performance standard for NOX: Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit. (f) Approval—USEPA is approving two exemption requests submitted by the Ohio Environmental Protection Agency on September 20, 1993, and November 8, 1993, for the Toledo and Dayton ozone nonattainment areas, respectively, from the requirements contained in Section 182(f) of the Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene, Miami, and Montgomery Counties from the requirements to implement reasonably available control technology (RACT) for major sources of nitrogen oxides (NOX), nonattainment area new source review (NSR) for new sources and modifications that are major for NOX, and the NOX-related requirements of the general and transportation conformity provisions. For the Dayton ozone nonattainment area, the Dayton local area has opted for an enhanced inspection and maintenance (I/M) programs. Upon final approval of this exemption, the Clark, Greene, Miami, and Montgomery Counties shall not be required to demonstrate compliance with the enhanced I/M performance standard for NOX. If a violation of the ozone NAAQS is monitored in the Toledo or Dayton area(s), the exemptions from the requirements of Section 182(f) of the Act in the applicable area(s) shall no longer apply. (g) Approval—EPA is approving an exemption from the requirements contained in section 182(f) of the Clean Air Act. This approval exempts Butler, Clermont, Hamilton, and Warren counties in Ohio from nonattainment NSR for new sources and modifications that are major for NOX. [39 FR 13542, Apr. 15, 1974, as amended at 45 FR 72122, Oct. 31, 1980; 45 FR 82927, Dec. 17, 1980; 51 FR 40677, Nov. 7, 1986; 58 FR 47214, Sept. 8, 1993; 59 FR 48395, Sept. 21, 1994; 60 FR 3766, Jan. 19, 1995; 60 FR 36060, July 13, 1995; 65 FR 37899, June 19, 2000] § 52.1880 Control strategy: Particulate matter. top (a) The requirements of subpart G of this chapter are not met because the Ohio plan does not provide for attainment and maintenance of the secondary standards for particulate matter in the Greater Metropolitan Cleveland Intrastate Region and the Ohio portions of the Northwest Pennsylvania-Youngstown and the Steubenville-Weirton-Wheeling Interstate Regions. (b) In Pickaway County, Columbus and Southern Ohio Electric Company, or any subsequent owner or operator of the Picway Generating Station, shall not operate simultaneously Units 3 and 4 (boilers 7 and 8) at any time. These units will terminate operation no later than October 1, 1980. (c) Ohio Regulation EP–12 (open burning) is disapproved insofar as EP–12–03(D)(1) and EP–12–04(D)(1) allow open burning of hazardous or toxic materials. (d)–(f) [Reserved] (g) The B.F. Goodrich Chemical Plant State Implementation Plan revision is being disapproved because it is not supported by an adequate attainment demonstration and therefore does not meet the requirements of §51.13(e). (h) Approval. On January 4, 1989, the State of Ohio submitted a committal SIP for particulate matter with an aerodynamic diameter equal to or less than 10 micrometers (PM10) for Ohio's Group II areas. The Group II areas of concern are in Belmont, Butler, Columbiana, Franklin, Hamilton, Lorain, Mahoning, Montgomery, Richland, Sandusky, Scioto, Seneca, Stark, Summit, Trumbull, and Wyandot Counties. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681. (i) Part D—Disapproval—Ohio's Part D TSP plan for the Middletown area is disapproved. Although USEPA is disapproving the plan, the emission limitations and other requirements in the federally approved SIP remain in effect. See §52.1870(c)(27). (j) Approval—EPA is approving the PM10 maintenance plan for Cuyahoga and Jefferson Counties that Ohio submitted on May 22, 2000, and July 13, 2000. [39 FR 13542, Apr. 15, 1974, as amended at 43 FR 4259, Feb. 1, 1978; 43 FR 4611, Feb. 3, 1978; 43 FR 16736, Apr. 20, 1978; 46 FR 19472, Mar. 31, 1981; 46 FR 43423, Aug. 28, 1981; 49 FR 48544, Dec. 13, 1984; 50 FR 5250, Feb. 7, 1985; 51 FR 40676, Nov. 7, 1986; 55 FR 11371, Mar. 28, 1990; 55 FR 29846, July 23, 1990; 59 FR 27472, May 27, 1994; 65 FR 77318, Dec. 11, 2000] § 52.1881 Control strategy: Sulfur oxides (sulfur dioxide). top (a) USEPA is approving, disapproving or taking no action on various portions of the Ohio sulfur dioxide control plan as noticed below. The disapproved portions of the Ohio plan do not meet the requirements of §51.13 of this chapter in that they do not provide for attainment and maintenance of the national standards for sulfur oxides (sulfur dioxide). (Where USEPA has approved the State's sulfur dioxide plan, those regulations supersede the federal sulfur dioxide plan contained in paragraph (b) of this section and §52.1882.) (1) Approval—USEPA approves the following OAC Rule: 3745–18–01 Definitions, 3745–18–02 Ambient Air Quality Standards-Sulfur Dioxide, 3745–18–05 Ambient and Meteorological Monitoring Requirements, 3745–18–06 General Emission Limit Provisions. (2) Approval—USEPA approves the Ohio Rules 3745–18–03 Attainment Dates and Compliance Time Schedules except for those provisions listed in §52.1881(a)(5). (3) Approval—USEPA approves the Ohio Rules 3745–18–04 Emission Measurement Methods except for those provisions listed in §52.1881(a)(6). (4) Approval—EPA approves the sulfur dioxide emission limits for the following counties: Adams County, Allen County, Ashland County, Ashtabula County, Athens County, Auglaize County, Belmont County, Brown County, Butler County, Carroll County, Champaign County, Clark County, Clermont County, Clinton County, Columbiana County, Coshocton County, Crawford County, Cuyahoga County, Darke County, Defiance County, Delaware County, Erie County, Fairfield County, Fayette County, Fulton County, Gallia County, Geauga County, Greene County, Guernsey County, Hamilton County, Hancock County, Hardin County, Harrison County, Henry County, Highland County, Hocking County, Holmes County, Huron County, Jackson County, Jefferson County, Knox County, Lake County, Lawrence County, Licking County, Logan County, Lorain County, Lucas County, Madison County, Mahoning County, Marion County, Medina County, Meigs County, Mercer County, Miami County, Monroe County, Montgomery County, Morgan County, Morrow County, Muskingum County, Noble County, Ottawa County, Paulding County, Perry County, Pickaway County, Pike County, Portage County, Preble County, Putnam County, Richland County, Ross County, Sandusky County (except Martin Marietta Chemicals), Scioto County, Seneca County, Shelby County, Trumbull County, Tuscarawas County, Union County, Van Wert County, Vinton County, Warren County, Washington County, Wayne County, Williams County, Wood County, and Wyandot County. (5) Disapproval—USEPA disapproves the Ohio Rule 3745–18–03(A), Attainment Dates and also disapproves Ohio Rule 3745–18–03(C)(3) Compliance Time Schedules for all sources electing to comply with the regulations by utilizing complying fuels. (6) No Action—USEPA is neither approving nor disapproving the following Ohio Rule pending further review: 3745–18–04(D)(2), 3745–18–04(D)(3), 3745–18–04(E)(2), 3745–18–04(E)(3) and, 3745–18–04(E)(4) Emission Measurement Methods. (7) Disapproval—USEPA disapproves Ohio Rule 3745–18–83, Emission Limitations for Summit County. (8) No Action—EPA is neither approving nor disapproving the emission limitations for the following counties/sources pending further review: Franklin County, Sandusky County (Martin Marietta Chemicals), and Stark County. (9) No Action—USEPA takes no action on the 30-day averaging provisions contained in the Toledo Edison Company's Bay Shore Station State Implementation Plan revision until a general review of 30-day averaging is complete. (10) Approval—USEPA approves Condition #3 of the permits for the Coulton Chemical Plant in Toledo and the E.I. duPont de Nemours and Company plant in Miami, Ohio. This condition requires the installation and operation of continuous emission monitors for sulfur dioxide. (11) Approval. USEPA approves Ohio's Good Engineering Stack Height Regulations as contained in Ohio Administrative Code Chapter 3745–16–01 and 02. These rules were adopted by the State on February 12, 1986 and were effective on March 5, 1986. (12) In a letter dated June 25, 1992, Ohio submitted a maintenance plan for sulfur dioxide in Morgan and Washington Counties. (13) In a letter dated October 26, 1995, Ohio submitted a maintenance plan for sulfur dioxide in Lake and Jefferson Counties. (14) On March 20, 2000, the Ohio Environmental Protection Agency submitted maintenance plans for Coshocton, Gallia and Lorain Counties. (15) On September 27, 2003, Ohio submitted maintenance plans for sulfur dioxide in Cuyahoga County and Lucas County. (b) Regulations for the control of sulfur dioxide in the State of Ohio. (1) Definitions. All terms used in this paragraph but not specifically defined below shall have the meaning given them in the Clean Air Act or parts 51, 52, or 60 of this chapter. (i) By-product coke oven gas means the gas produced during the production of metallurgical coke in slot-type, by-product coke batteries. (ii) Flue gas desulfurization means any pollution control process which treats stationary source combustion flue gas to remove sulfur oxides. (iii) Fossil fuel means natural gas, refinery fuel gas, coke oven gas, petroleum, coal and any form of solid, liquid, or gaseous fuel derived from such materials. (iv) Fossil fuel-fired steam generating unit means a furnace or boiler used in the process of burning fossil fuel for the purpose of producing steam by heat transfer. (v) Heat input means the total gross calorific value (where gross calorific value is measured by ASTM Method D2015–66, D240–64, or D1826–64) of all fossil and non-fossil fuels burned. Where two or more fossil fuel-fired steam generating units are vented to the same stack the heat input shall be the aggregate of all units vented to the stack. (vi) Owner or operator means any person who owns, leases, operates, controls, or supervises a facility, building, structure, or installation which directly or indirectly results or may result in emissions of any air pollutant for which a national standard is in effect. (vii) Primary zinc smelter means any installation engaged in the production, or any intermediate process in the production, of zinc or zinc oxide from the zinc sulfide ore concentrates through the use of pyrometallurgical techniques. (viii) Process means any source operation including any equipment, devices, or contrivances and all appurtenances thereto, for changing any material whatever or for storage or handling of any materials, the use of which may cause the discharge oons within a structure, building, or shop shall be considered as a single process for purposes of this regulation. (ix) Process weight means the total weight of all materials and solid fuels introduced into any specific process. Liquid and gaseous fuels and combustion air will not be considered as part of the process weight unless they become part of the product. For a cyclical or batch operation, the process weight per hour will be derived by dividing the total process weight by the number of hours from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process weight per hour will be derived by dividing the process weight for the number of hours in a given period of time by the number of hours in that period. For fluid catalytic cracking units, process weight shall mean the total weight of material introduced as fresh feed to the cracking unit. For sulfuric acid production units, the nitrogen in the air feed shall not be included in the calculation of process weight. (x) Run means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice as determined by the Administrator. (xi) Source operation means the last operation preceding the emission of an air contaminant, which operation (a) results in the separation of the air contaminant from process materials or in the conversion of the process materials into air contaminants, as in the case of combustion of fuel; and (b) is not primarily an air pollution abatement operation. (xii) Stack means any chimney, flue, vent, roof monitor, conduit or duct arranged to vent emissions to the ambient air. (xiii) Sulfur recovery plant means any plant that recovers elemental sulfur from any gas stream. (xiv) Sulfuric acid production unit means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or acid sludge. (xv) Total rated capacity means the sum of the rated capacities of all fuel-burning equipment connected to a common stack. The rated capacity shall be the maximum guaranteed by the equipment manufacturer or the maximum normally achieved during use as determined by the Administrator, whichever is greater. (2) Test methods and procedures. Unless specified below, the test methods and procedures used for determining compliance with the applicable paragraphs of §52.1881(b) shall be those prescribed in part 60 of this chapter. Compliance tests shall be conducted under such conditions as the Administrator shall specify based on representative performance of the affected facility. Notification and recordkeeping procedures shall be those prescribed in §60.7 of this chapter. The owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of the performance tests. A compliance test shall consist of at least three runs. (i) The test methods and procedures used for determining compliance for any sulfur recovery plant subject to applicable paragraph, of §52.1881(b) shall be those prescribed in §60.46 of this chapter with the exception that the maximum amount of sulfur dioxide sampled by Method 6 shall not exceed 50 percent of the stoichiometric amount of hydrogen peroxide absorbent. (ii) The test methods and procedures used for determining compliance for any sulfuric acid production unit, or any primary zinc smelter subject to the applicable paragraphs of §52.1881(b) shall be those prescribed in §60.85 of this chapter. (iii) The test methods and procedure used to determine the compliance of any stack venting any fossil fuel-fired steam generating units subject to the applicable paragraphs of §52.1881(b) shall be those prescribed in §60.46 of this chapter. (3) Severability. If any provision of these regulations or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or application of any other part of these regulations which can be given effect without the invalid provisions or application, and to this end the provisions of these regulations and the various applications thereof are declared to be severable. (4) Submission of information. The submission of any information required under §52.1882 shall be made to the Director, Enforcement Division, U.S. Environmental Protection Agency, Region V, 230 South Dearborn, Chicago, Illinois, 60604, Attention Air Compliance Section. (5) For purposes of this regulation, stack and boiler identification numbers used in this paragraph were derived from correspondence submitted to the U.S. EPA by the affected owners or operators, and may be found in the record supporting this rulemaking. (6) This paragraph contains no applicable provisions in the following counties of Ohio: Ashland, Brown, Carroll, Champaign, Clinton, Darke, Defiance, Fayette, Fulton, Geauga, Guernsey, Hardin, Harrison, Highland, Hocking, Holmes, Jackson, Knox, Logan, Madison, Monroe, Morrow, Noble, Perry, Portage, Preble, Putnam, Shelby, Union, Van Wert, Warren, Williams, and Wyandot, nor does it apply to facilities equal to or less than 10 million BTU per hour total aggregate rated capacity of all units at a facility. (7) In Franklin County, no owner or operator of the following types of facilities unless otherwise specified in this paragraph, shall cause or permit emission of sulfur dioxide from any stack in excess of the rates specified below: (i) For fossil fuel-fired steam generating unit between 10.0 and 50.0 × 10 6 BTU per hour total rated capacity of heat input, the emission rate in pounds of sulfur dioxide per million BTU actual heat input shall be calculated by the following equation: EL=8.088Qm-0.4307 where Qm is the total rated capacity of heat input in million BTU per hour and EL is the allowable emission rate in pounds of sulfur dioxide per million BTU actual heat input. (ii) For fossil fuel-fired steam generating unit(s) equal to or greater than 50.0×10 6 BTU per hour total rated capacity of heat input, the emission limitation shall be 1.50 pounds of sulfur dioxide per million BTU actual heat input. (iii) The present or any subsequent owner or operator of the Columbus State Institution in Franklin County, Ohio shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 3.80 pounds of sulfur dioxide per million BTU actual heat input. (iv) The present or any subsequent owner or operator of the Columbus State Hospital in Franklin County, Ohio shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 4.10 pounds of sulfur dioxide per million BTU actual heat input. (v) The present or any subsequent owner or operator of Ross Laboratory in Franklin County, Ohio shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 4.80 pounds of sulfur dioxide per million BTU actual heat input. (vi) The present or any subsequent owner or operator of the Rickenbacker Air Force Base in Franklin County, Ohio shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 2.20 pounds of sulfur dioxide per million BTU actual heat input. (vii) The present or any subsequent owner or operator of the Capital City Products facility in Franklin County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 3.10 pounds of sulfur dioxide per million BTU actual heat input. (viii) The present or any subsequent owner or operator of the Westinghouse Electric facility in Franklin County, Ohio shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 2.20 pounds of sulfur dioxide per million BTU actual heat input. (ix) (A) The present or any subsequent owner or operator of the Naval Weapons Industrial Reserve Plant in Franklin County, Ohio shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 1.06 pounds of sulfur dioxide per million BTU actual heat input. (B) In lieu of meeting §52.1881(b)(27)(ix)(A), the present or any subsequent owner or operator of the Naval Weapons Industrial Reserve Plant may elect to comply with the alternate emission limitation and operating conditions specified below. (1) The present or any subsequent owner or operator of the Naval Weapons Industrial Reserve Plant shall not cause or permit the emission of sulfur dioxide from any stack in excess of 3.65 pounds of sulfur dioxide per million BTU actual heat input provided that such stacks be greater than or equal to 44.5 meters in height and that the combined maximum boiler design capacity be limited to 177 million BTU per hour by installation of a lock-out system on the boiler coal-feeders. The present or any subsequent owner or operator of the Naval Weapons Industrial Reserve Plant shall keep a permanent log on the lock-out system and record any problems with the system in the log. This log shall be available for inspection by the EPA. This log shall be in lieu of the reporting and monitoring requirements of §52.1882(g). (2) The present or any subsequent owner or operator of the Naval Weapons Industrial Reserve Plant shall be permitted to operate its five boilers (#1, 2, 3, 5a or 5b) in only one of the following three configurations at any given time: (i) Any two of boilers 1, 2, or 3 on; the remaining three boilers off. (ii) Boilers 5a and 5b on; boilers 1, 2, and 3 off. (iii) Boiler 5b and any one of boilers 1, 2, or 3 on; the remaining three boilers off. (3) In the event that the Naval Weapons Industrial Reserve Plant elects to comply with the alternate emission limitation and operating configurations in §52.1881(b)(27)(ix)(B) (1) and (2) and vents its boilers through stacks great on the boiler coal-feeders such that the combined maximum boiler design capacity is limited to 177 MMBTU/hr, all such action shall be taken within 30 weeks of (the effective date of promulgation). The Administrator must be notified in writing that all such action was taken within five working days of its completion. (x) No owner or operator of any primary zinc smelter shall cause or permit the emission of sulfur dioxide from the plant in excess of the amount prescribed by the following equation: Y=0.564X 0.85 where X is the total sulfur feed expressed as elemental sulfur in the smelter input stream in lbs/hour and Y is the allowable sulfur dioxide emission rate in lbs/hour from all stacks combined. (xi) Except as provided in paragraph (b)(27)(x) of this section, no owner or operator of any process equipment shall cause or permit the emission from any stack into the atmosphere of any process gas stream containing sulfur dioxide in excess of 2.40 pounds of sulfur dioxide per ton of actual process weight input. (8) In Sandusky County: (i) The Martin Marietta Company or any subsequent owner or operator of the Martin Marietta facilities in Sandusky County, Ohio shall not cause or permit the emission of sulfur dioxide from any stack in excess of 15.42 pounds of sulfur dioxide per ton of actual process weight input. (ii) [Reserved] (9) In Stark County, no owner or operator of the following types of facilities, unless otherwise specified in this paragraph, shall cause or permit emission of sulfur dioxide from any stack in excess of the rates specified below: (i) For fossil fuel-fired steam generating units between 10.0 and 60.0 million BTU per hour total rated capacity of heat input, the emission rate in pounds of sulfur dioxide per million BTU actual heat input shall be calculated by the following equation: EL=18.48Qm-0.4886 where Qm is the total rated capacity of heat input in million BTU per hour and EL is the allowable emission rate in pounds of sulfur dioxide per million BTU actual heat input. (ii) For fossil fuel-fired steam generating units equal to or greater than 60 million BTU per hour total rated capacity of heat input: 2.50 pounds of sulfur dioxide per million BTU actual heat input. (iii) Republic Steel Corporation or any subsequent owner or operator of the Massillon facilities in Stark County, Ohio shall not cause or permit the emission of sulfur dioxide from any fossil fuel-fired steam generating unit stack at the Massillon facility in excess of 4.40 pounds of sulfur dioxide per million BTU actual heat input. (iv) The present or any subsequent owner or operator of the Massillon State Hospital facilities in Stark County, Ohio shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 5.20 pounds of sulfur dioxide per million BTU actual heat input. (v) The present or any subsequent owner or operator of the Grief Board Company facilities in Stark County, Ohio shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 0.50 pound of sulfur dioxide per million BTU actual heat input. (vi) The present or subsequent owner or operator of the Timken Company facilities in Stark County, Ohio shall not cause or permit the emission of sulfur dioxide from any fossil fuel-fired steam-generating unit(s) stack at this facility in excess of the rates specified below: (A) 3.08 pounds of sulfur dioxide per million BTU actual heat input for the stack common to the fossil fuel-fired steam-generating units B001 and B002 at the Canton plant. (B) 0.93 pounds of sulfur dioxide per million BTU actual heat input for the fossil fuel-fired steam-generating unit B003 at the Canton plant. (C) 0.0 pounds of sulfur dioxide per million BTU actual heat input for the fossil fuel-fired steam-generating units B003 and B004 at the Gambrinus Plant. (D) 0.67 pounds of sulfur dioxide per million BTU actual heat input for fossil fuel-fired steam-generating units at the Gambrinus Plant unless otherwise specified in this paragraph. (vii) No owner or operator of any by-product coke oven operating in Stark County, Ohio shall cause or permit the combustion of by-product coke oven gas containing a total sulfur content expressed as hydrogen sulfide in excess of 350 grains of hydrogen sulfide per 100 dry standard cubic feet of coke oven gas or the emission of sulfur dioxide from any stack in excess of 1.70 pounds of sulfur dioxide per million BTU actual heat input. (viii) No owner or operator of any process equipment in Stark County, Ohio shall cause or permit the emission of sulfur dioxide from any stack in excess of 80.0 pounds of sulfur dioxide per ton of actual process weight input. (ix) The Ashland Oil Company, or any subsequent owner or operator of the Ashland Oil Company facilities in Stark County, Ohio shall not cause or permit sulfur dioxide emissions from any stack at this facility in excess of the emission limitations listed below: (A) 0.025 pounds of sulfur dioxide per million BTU actual heat input for units 4–0–B–3, 4–2–B–1, 4–2–B–2, and 4–27–B–1. (B) 1.00 pounds of sulfur dioxide per million BTU actual heat input for all process heaters and fossil fuel-fired steam-generating units unless otherwise specified in this paragraph. (C) 0.62 pounds of sulfur dioxide per 1,000 pounds of charging stack for catalytic cracking units. (D) 2.00 pounds of sulfur dioxide per 100 pounds of sulfur processed for sulfur recovery plants. (E) Only two of the following three units may be operated simultaneously: 4–16–B–1, 4–16–B–2, and 4–16–B–12. (x) The present or any subsequent owner or operator of the Hoover Co. in Stark County, Ohio shall not cause or permit the emission of sulfur dioxide in excess of 8.0 pounds of sulfur dioxide per million BTU actual heat input for the coal-fired boiler and 0.4 pounds of sulfur dioxide per million BTU actual heat input for the gas-fired boiler. (10) In Summit County, no owner or operator of the following types of facilities, unless otherwise specified in this subparagraph, shall cause or permit emissions of sulfur dioxide from any stack in excess of the rates specified below: (i) For fossil fuel-fired steam generating units between 10.0 and 300 million BTU per hour total rated capacity of heat input, the emission rate in pounds of sulfur dioxide per million BTU actual heat input shall be calculated by the following equation: EL=17.55 Qm-0.3933 where Qm is the total rated capacity of heat input in million BTU per hour and EL is the allowable emission rate in pounds of sulfur dioxide per million BTU actual heat input. (ii) For fossil fuel-fired steam generating unit(s) equal to or greater than 300 million BTU per hour total rated capacity of heat input, 1.80 pounds of sulfur dioxide per million BTU actual heat input. (iii) The present or any subsequent owner or operator of the Diamond Crystal facility in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from coal-fired boilers at this facility in exess of 4.72 pounds of sulfur dioxide per million BTU of actual heat input or the emission of sulfur dioxide from oil-fired boilers at this facility in excess of 0.30 pound of sulfur dioxide per million BTU of actual heat input. (iv) The present or any subsequent owner or operator of the Kittinger Supply Co. (formerly known as Akwell Industries) facility in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from oil-fired—oilers at this facility in excess of 0.80 pound of sulfur dioxide per million BTU of actual heat input or the emission of sulfur dioxide from coal-fired boilers at this facility in excess of 2.38 pounds of sulfur dioxide per million BTU of actual heat input. (v) The present or subsequent owner or operator of the Ohio Brass Company facilities in Summit County, Ohio shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 4.20 pounds of sulfur dioxide per million BTU actual heat input. (vi) The present or subsequent owner or operator of the Seiberling Rubber Co. facilities in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 1.46 pounds of sulfur dioxide per million BTU actual heat input. (vii) The present or subsequent owner or operator of the Firestone Tire & Rubber Co. facilities in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of the rates specified below: (A) 1.76 pounds of sulfur dioxide per million BTU of actual heat input from boiler 21 when oil fired and 2.87 pounds of sulfur dioxide per million BTU of actual heat input from boilers 22 and 23 when coal fired. (B) In lieu of meeting paragraph (59)(vii)(A) of this paragraph (b), the Firestone Tire and Rubber Co. may elect to comply with the alternate emission limitation of 2.20 pounds of sulfur dioxide per million BTU of actual heat input from boilers 21, 22, and 23 when all are oil fired. (C) Firestone Tire & Rubber Co. or any subsequent owner or operator of the Firestone Tire & Rubber facilities located in Summit County, Ohio, shall operate no more than two of the boilers, 21, 22, or 23 simultaneously whether complying with either §52.1881 (b) (59) (vii) (A) or §52.1881 (b) (59) (vii) (B). (viii) The present or subsequent owner or operator of the B. F. Goodrich Co. facilities in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of the rates specified below: (A) 0.51 pound of sulfur dioxide per million BTU actual heat input for oil-fired boiler 31. (B) 7.0 pounds of sulfur dioxide per million BTU actual heat input for coalfired Boilers #27 and #32. (C) The B. F. Goodrich Co. or any subsequent owner or operator of the B. F. Goodrich facilities in Summit County, Ohio, shall not operate boiler 27 simultaneously with boiler 32. (ix) The Goodyear Tire & Rubber Co. or any subsequent owner or operator of the Goodyear facilities in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack in excess of the rates specified below: (A) 4.47 pounds of sulfur dioxide per million BTU actual heat input for fossil fuel-fired steam-generating unit B001 located at plant I. (B) 0.50 pound of sulfur dioxide per million BTU actual heat input for fossil fuel-fired steam-generating units B002 and B003 located at plant I. (C) 160 pounds of sulfur dioxide per 1,000 pounds of sulfur processed, for the sulfur recovery unit(s). (D) for Plant II boilers: (1) 2.24 pounds of sulfur dioxide per million BTU actual heat input for coal-fired boilers A and B exiting through stack 4. (2) 2.24 pounds of sulfur dioxide per million BTU actual heat input for coal-fired boiler C exiting through stack 5. (3) 2.24 pounds of sulfur dioxide per million BTU acutal heat input for coal-fired boiler D exiting through stack 6. (E) In lieu of meeting paragraph (59)(ix)(D) of this paragraph (b), The Goodyear Tire and Rubber Company may elect to comply with the alternate emission limitations and operating conditions specified below for Plant II boilers, provided the General Tire and Rubber Company or any subsequent owner or operator of the General Tire facilities in Summit County, Ohio complies with §52.1881(b)(xviii)(D): (1) The Goodyear Tire and Rubber Company shall not cause or permit the emission of sulfur dioxide from any stack in excess of the rates specified below: (i) 4.64 pounds of sulfur dioxide per million BTU actual heat input for coal-fired boilers A, B, and C exiting through stack 4. (ii) 4.64 pounds of sulfur dioxide per million BTU actual heat input for coal-fired boiler D exiting through stack 6. (2) The Goodyear Tire and Rubber Company shall operate no more than three of the boilers A, B, C, or D simultaneously. (3) The Goodyear Tire and Rubber Company shall not operate boiler D simultaneously with boilers A and B. (x) The present or any subsequent owner or operator of the Tecumseh Company facilities in Summit County, Ohio shall not cause or permit sulfur dioxide emissions from fossil fuel-fired steam generating unit(s) in excess of the rates specified below: (A) 1.70 pounds sulfur dioxide per million BTU actual heat input for coal-fired units, and (B) 0.70 pound sulfur dioxide per million BTU actual heat input for oil-fired unit(s). (xi) The Ohio Edison or any subsequent owner or operator of the Ohio Edison Company's Beech Street power station in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at the Beech Street plant in excess of 0.00 pounds of sulfur dioxide per million BTU actual heat input. (xii) The Ohio Edison Co. or any subsequent owner or operator of the Ohio Edison Co.'s Gorge plant in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at the Gorge plant in excess of 4.07 pounds of sulfur dioxide per million BTU actual heat input. (xiii) No owner or operator of any process equipment, unless otherwise specified in this paragraph, shall cause or permit the emission of sulfur dioxide from any stack containing sulfur dioxide in excess of 17.0 pounds of sulfur dioxide per ton of actual process weight input. (xiv) PPG Industries or any subsequent owner or operator of the PPG Industries facilities in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 0.00 pounds of sulfur dioxide per million BTU actual heat input for each coal-fired unit. (xv) PPG Industries, or any subsequent owner or operator of the PPG Industries, Inc., Columbia Cement Plant, located in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack in excess of 0.0 pounds of sulfur dioxide per ton actual process weight input for the kilns. (xvi) The present or any subsequent owner or operator of the Midwest Rubber Co. in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess 1.80 pounds of sulfur dioxide per million BTU actual heat input. (xvii) The present or any subsequent owner or operator of the Terex Division of General Motors Corp. in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of 0.85 pounds of sulfur dioxide per million BTU actual heat input. (xviii) The present or any subsequent owner or operator of the General Tire & Rubber Co. in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of the rates specified below: (A) 0.46 pound of sulfur dioxide per million BTU actual heat input for oil-fired boiler 1 when exiting through stack S–35. (B) 0.46 pound of sulfur dioxide per million BTU actual heat input for oil-fired boiler 2 when exiting through stack S–36. (C) 0.46 pound of sulfur dioxide per million BTU actual heat input for oil-fired boiler 3 when exiting through stack S–37. (D) In lieu of meeting paragraph (59)(xviii) (A), (B), and (C) of this paragraph (b), The General Tire and Rubber Company may elect to comply with the alternate emission limitations and operating conditions specified below, provided the Goodyear Tire and Rubber Company or any owner of operator of the Goodyear Tire and Rubber Plant II facilities in Summit County, Ohio, complies with §52.1881(b)(ix)(E): (1) The General Tire and Rubber Company shall not cause or permit the emission of sulfur dioxide from any stack in excess 2.47 pounds of sulfur dioxide per million BTU actual heat input for oil-fired boilers 1, 2, and 3 when exiting through one-175 foot stack consistent with section 123 of the Clean Air Act, as amended. (xix) The present or any subsequent owner or operator of the Goodyear Aerospace Co. in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at AB boilerhouse of this facility in excess of 1.10 pounds of sulfur dioxide per million BTU of actual heat input or the emission of sulfur dioxide from any stack at D boilerhouse of the facility in excess of 1.83 pounds of sulfur dioxide per million BTU of actual heat input. (xx) The present or any subsequent owner or operator of the B. F. Goodrich Chemical Co. in Summit County, Ohio, shall not cause the emission of sulfur dioxide from any stack at this facility in excess of 5.22 pounds of sulfur dioxide per million BTU actual heat input. (xxi) The present or any subsequent owner or operator of the Chrysler Corp. in Summit County, Ohio, shall not cause or permit the emission of sulfur dioxide from any stack at this facility in excess of the rates specified below: (A) 0.86 pound of sulfur dioxide per million BTU actual heat input for boiler No. B001. (B) 1.19 pounds of sulfur dioxide per million BTU actual heat input for boilers Nos. B002 and B003. [39 FR 13542, Apr. 15, 1974] Editorial Note: For Federal Register citations affecting §52.1881, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1882 Compliance schedules. top (a) Federal compliance schedules. (1) Except as provided in paragraph (a)(5) of this section, the owner or operator of any process equipment subject to applicable paragraphs of §52.1881(b), shall comply with the compliance schedule in paragraph (a)(2) of this section. (2) Any owner or operator of any process equipment subject to applicable paragraphs of §52.1881(b) of this chapter shall take the following actions to comply with the requirements of said regulation with respect to that source no later than the date specified. (i) 8 weeks from the date of promulgation—Submit preliminary control plans to the Administrator. (ii) 25 weeks from the date of promulgation—Submit final control plan to the Administrator. (iii) 34 weeks from the date of promulgation—Award contracts for emissions control systems or process modification, or issue orders for purchase of component parts to accomplish emission control or process modification and notify the Administrator in writing that such action was taken. (iv) 52 weeks from the date of promulgation—Initiate on-site construction or installation of emission control equipment or process change and notify the Administrator in writing that such action was taken. (v) 139 weeks from the date of promulgation—Complete construction or installation of emission control equipment or process change and notify the Administrator in writing that such action was taken. (vi) 154 weeks from the date of promulgation—Complete shakedown operations and performance test on source, submit performance test results to the Administrator and achieve final compliance with §52.1881(b) of this chapter, as applicable. (3) Except as provided in paragraph (a)(5) of this section, the owner or operator of any stack venting any fossil fuel-fired steam generating unit(s) subject to §52.1881(b) of this chapter shall comply the applicable compliance schedule in paragraph (a)(4) of this section. (4)(i) The owner or operator of any stack venting any fossil fuel fired steam generating unit(s) subject to §52.1881(b) of this chapter who elects to comply with an applicable optional emission limitation specified in §52.1881(b) of this chapter, shall notify the Administrator no later than eight weeks after the date of this promulgation of the specific emission limitations selected. Failure to select applicable optional emission limitations shall result in the facility being subject to the single uniform emission limitation for all stacks at that facility specified in §52.1881(b). Notice received later than eight weeks after the date of promulgation shall be invalid. (ii) The owner or operator of any fossil fuel-fired steam generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter shall notify the Administrator no later than eight weeks after the date of promulgation of his intent to utilize either low-sulfur fuel including blended or washed coal or flue gas desulfurization to comply with the requirements of said regulation. (iii) Any owner or operator of any stack venting any fossil fuel-fired steam generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter who elects to utilize low-sulfur fuel including blended or washed coal to comply with the requirements of said regulation shall take the following actions with respect to that source no later than the date specified: (a) 8 weeks from the date of promulgation—Submit to the Administrator a projection for 10 years of the amount of fuel by types that will be substantially adequate to enable compliance with §52.1881(b) of this chapter, as applicable. (b) 32 weeks from the date of promulgation—Submit data demonstrating the availability of the fuel meeting the requirements projected in paragraph (a)(4)(iii)(a) of this section, to the Administrator. (c) 36 weeks from the date of promulgation—Submit a statement to the Administrator as to whether boiler modifications will or will not be required. If modifications will be required, submit plans for such modifications. (d) 50 weeks from the date of promulgation—Let contracts for necessary boiler modifications, if applicable, and notify the Administrator in writing that such action was taken. (e) 60 weeks from the date of promulgation—Initiate on-site modifications, if applicable, and notify the Administrator in writing that such action was taken. (f) 118 weeks from the date of promulgation—Complete on-site modification, if applicable, and notify the Administrator in writing that such action was taken. (g) 122 weeks from the date of promulgation—Achieve final compliance with the emission limitation of §52.1881(b) of this chapter, as applicable, and notify the Administrator in writing that such action was taken. (iv) Any owner or operator of any stack venting any fossil fuel-fired steam generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter who elects to utilize flue gas desulfurization to comply with the requirements of said regulations shall take the following actions with respect to the source no later than the date specified. (a) 17 weeks from the date of promulgation—Let necessary contracts for construction and notify the Administrator in writing that such action was taken. (b) 61 weeks from the date of promulgation—Initiate on-site construction and notify the Administrator in writing that such action was taken. (c) 145 weeks from the date of promulgation—Complete on-site construction and notify the Administrator in writing that such action was taken. (d) 156 weeks from the date of promulgation—Complete shakedown operations and performance test on source, submit performance test results to the Administrator and achieve final compliance with §52.1881(b) of this chapter, as applicable. (5)(i) None of the preceding paragraphs of this paragraph shall apply to any owner or operator of a source which is presently in compliance with the applicable paragraphs of §52.1881(b) of this chapter. (ii) Any owner or operator of a source capable of emitting 100 tons of sulfur dioxide per year from all stacks at any facility who is presently in compliance with the applicable paragraphs of §52.1881(b) of this chapter shall so certify to the Administrator by four weeks from the date of promulgation. (iii) Any owner or operator subject to a compliance schedule in this paragraph who elects to achieve compliance by means not covered by this paragraph may submit to the Administrator no later than six weeks from the date of promulgation a proposed alternative compliance schedule. For process equipment subject to applicable paragraphs of §52.1881(b) of this chapter no such compliance schedule may provide for final compliance after the final compliance date in paragraph (a)(2) of this section. For any stack venting any fossil fuel-fired steam generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter, which will utilize low-sulfur fuel including blended or washed coal to comply with the requirements of said regulations, no such compliance schedule may provide for final compliance after final compliance date in paragraph (a)(4)(iii) of this section. For any stack venting any fossil fuel-fired steam generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter, which will utilize flue gas desulfurization to comply with the requirements of said regulations, no such compliance schedule may provide for final compliance after the final compliance date in paragraph (a)(4)(iv) of this section. (iv) Any owner or operator of any process equipment subject to applicable paragraphs of §52.1881(b) of this chapter who submits an alternative compliance schedule pursuant to §52.1882(a)(5)(iii) of this chapter shall remain subject to the provisions of §52.1882(a)(2) of this chapter until the alternative schedule is approved by the Administrator. (v) Any owner or operator of any stack venting any fossil fuel-fired steam generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter who submits an alternative compliance schedule pursuant to §52.1881(a)(5)(iii) of this chapter shall remain subject to the provisions of §52.1882(a)(4) of this chapter until the alternative schedule is approved by the Administrator. (6) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedules in paragraph (d) (2), or (4) of this section fails to satisfy the requirements of §51.15 (b) and (c) of this chapter. (b) Federal compliance schedule for petitioners in Buckeye Power, Inc. et al. v. USEPA, No. 76–2090 et al. (1) Except as provided in paragraph (b)(5) of this section, the owner or operator of any process equipment subject to applicable paragraphs of §52.1881(b) shall comply with the compliance schedule in paragraph (b)(2) of this section. (2) Any owner or operator of any process equipment subject to applicable paragraphs of §52.1881(b) of the chapter shall take the following actions to comply with the requirements of said regulation with respect to that source no later than the date specified. (i) 8 weeks from June 17, 1977: Submit preliminary control plans to the Administrator. (ii) 25 weeks from June 17, 1977: Submit final control plan to the Administrator. (iii) 34 weeks from June 17, 1977: Award contracts for emissions control systems or process modification, or issue orders for purchase of component parts to accomplish emission control or process modification and notify the Administrator in writing that such action was taken. (iv) 52 weeks from June 17, 1977: Initiate on-site construction or installation of emission control equipment or process change and notify the Administrator in writing that such action was taken. (v) 139 weeks from June 17, 1977: Complete construction or installation of emission control equipment or process change and notify the Administrator in writing that such action was taken. (vi) 154 weeks from June 17, 1977: Complete shakedown operations and performance test on source, submit performance test results to the Administrator and achieve final compliance with §52.1881(b) of this chapter, as applicable. (3) Except as provided in paragraph (5) of this paragraph (b), the owner or operator of any stack venting any fossil fuel-fired steam-generating unit(s) subject to §52.1881(b) of this chapter shall comply with the applicable compliance schedule in paragrah (b)(4) of this section. (4)(i) The owner or operator of any stack venting any fossil fuel-fired steam generating unit(s) or process subject to §52.1881(b) of this chapter who elects to comply with an applicable optional emission limitation specified in §52.1881(b) of this chapter, shall notify the Administrator no later than 17 weeks after June 17, 1977 of the specific emission limitations selected. Failure to select applicable optional emission limitations shall result in the facility being subject to the single uniform emission limitation for all stacks at that facility specified in §52.1881(b). Notice received later than 17 weeks after June 17, 1977 shall be invalid. (ii) The owner or operator of any fossil fuel-fired steam generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter shall notify the Administrator no later than 17 weeks after June 17, 1977 of his intent to utilize either low-sulfur fuel including blended or washed coal or flue gas desulfurization to comply with the requirements of said regulation. (iii) Any owner or operator of any stack venting any fossil fuel-fired steam generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter who elects to utilize low sulfur fuel including blended or washed coal to comply with the requirements of said regulation shall take the following actions with respect to that source no later than the date specified: (A) 17 weeks after June 17, 1977: Submit to the Administrator a projection for ten years of the amount of fuel by types that will be substantially adequate to enable compliance with §52.1881(b) of this chapter, as applicable. (B) 32 weeks from June 17, 1977: Submit data demonstrating the availability of the fuel meeting the requirements projected in paragraph (a) of this section to the Administrator. (C) 36 weeks after June 17, 1977: Submit a statement to the Administrator as to whether boiler modifications will or will not be required. If modifications will be required, submit plans for such modifications. (D) 50 weeks from June 17, 1977: Let contracts for necessary boiler modifications, if applicable, and notify the Administrator in writing that such action was taken. (E) 60 weeks after June 17, 1977: Initiate on-site modifications, if applicable, and notify the Administrator in writing that such action was taken. (F) 118 weeks from June 17, 1977: Complete on-site modification, if applicable, and notify the Administrator in writing that such action was taken. (G) 122 weeks from June 17, 1977: Achieve final compliance with the emission limitation of §52.1881(b) of this chapter, as applicable, and notify the Administrator in writing that such action was taken. (iv) Any owner or operator of any stack venting any fossil fuel-fired steam generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter who elects to utilize flue gas desulfurization to comply with the requirements of said regulations shall take the following actions with respect to the source no later than the date specified. (A) 17 weeks from June 17, 1977: Let necessary contracts for construction and notify the Administrator in writing that such action was taken. (B) 61 weeks from June 17, 1977: Initiate on-site construction and notify the Administrator in writing that such action was taken. (C) 145 weeks from June 17, 1977: Complete on-site construction and notify the Administrator in writing that such action was taken. (D) 156 weeks from June 17, 1977: Complete shakedown operations and performance test on source, submit performance test results to the Administrator and achieve final compliance with §52.1881(b) of this chapter, as applicable. (5)(i) None of the preceding paragraphs of this section shall apply to any owner or operator of a source which is presently in compliance with the applicable paragraphs of §52.1881(b) of this chapter. (ii) Any owner or operator of a source capable of emitting 100 tons of sulfur dioxide per year from all stacks at any facility who is presently in compliance with the applicable paragraphs of §52.1881(b) of this chapter shall so certify to the Administrator by four weeks from June 17, 1977. (iii) Any owner or operator subject to a compliance schedule in this paragraph who elects to achieve compliance by means not covered by this paragraph may submit to the Administrator no later than six weeks from June 17, 1977, a proposed alternative compliance schedule. For process equipment subject to applicable subparagraphs of §52.1881(b) of this chapter no such compliance schedule may provide for final compliance after the final compliance date in paragraph (b)(2) of this section. For any stack venting any fossil fuel-fired steam-generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter, which will utilize low-sulfur fuel including blended or washed coal to comply with the requirements of said regulations, no such compliance schedule may provide for final compliance after final compliance date in paragraph (b)(4)(iii) of this section. For any stack venting any fossil fuel-fired steam-generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter, which will utilize flue gas desulfurization to comply with the requirements of said regulations, no such compliance schedule may provide for final compliance after the final compliance date in paragraph (b)(4)(iv) of this section. (iv) Any owner or operator of any process equipment subject to applicable paragraphs of §52.1881(b) of this chapter who submits an alternative compliance schedule pursuant to §52.1882(b)(5)(iii) of this chapter shall remain subject to the provisions of §52.1882(b)(2) of this chapter until the alternative schedule is approved by the Administrator. (v) Any owner or operator of any stack venting any fossil fuel-fired steam-generating unit(s) subject to applicable paragraphs of §52.1881(b) of this chapter who submits an alternative compliance schedule pursuant to §52.1882(b)(5)(iii) of this chapter shall remain subject to the provisions of §52.1882(b)(4) of this chapter until the alternative schedule is approved by the Administrator. (6) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedules in paragraphs (b) (2) or (4) of this section fails to satisfy the requirements of §51.15 (b) and (c) of this chapter. (7) Section 52.1882(b)(4)(iii)(G) is suspended for Cleveland Electric Illuminating Company's Eastlake and Avon Lake facilities pending final rulemaking on the June 12, 1979 (44 FR 33712) proposed revision to the Ohio State Implementation Plan, but in no event will the suspension extend beyond the plan attainment date of June 17, 1980. (8) Federal compliance schedules for the Toledo Edison Acme Power Plant coal fired units and the Water Street Steam Plant oil fired units is as set forth in §52.1882(b) except that §52.1882(b)(4)(iii)(G) is changed, for these units only, as follows: April 15, 1980: Achieve final compliance with the emission limitation of §52.1881(b) of this chapter, as applicable, and notify the Administrator in writing that such action was taken. (c) Federal compliance schedule for Ashland Oil Company is set forth in §52.1882(b), except that all references to June 17, 1977 are changed to September 14, 1979. (d) Monitoring and reporting requirement for non-simultaneous operation. (1) Any owner or operator of any source of sulfur dioxide subject to a provision of §52.1881 of this chapter which limits the combination of point sources which the source may operate at any time shall, in addition to any other reporting requirements of this chapter, comply with the following: (i) Install not later than the date by which compliance with the applicable emission limitation of §52.1881 is required a device(s) to determine and record the time of operation of each such point source; (ii) Retain such records for at least two years; and (iii) Report to the Administrator within 30 days of each such occurrence any period during which sources are operated in any combination not allowed by an applicable requirement of §52.1881. (e)(1) The Federal compliance schedule for sources in Summit County identified in §52.1875, footnote “f” is set forth in §52.1882(b) except that all references to June 17, 1977, are changed to January 4, 1980. (2) The owner or operator of any fossil-fuel fired steam generating unit in Summit County with alternative emission limitations specified for one or more units at its facility in §52.1881(b)(59) shall notify the Administrator no later than 17 weeks after January 4, 1980 of the applicable emission limitation selected. Failure to indicate a selected emission limitation shall result in each unit at a facility being subject to the first emission limitation specified for that unit in the applicable regulation. (f) The Federal Compliance schedule for the PPG Industries, Inc. boilers in Summit County, Ohio is set forth in §52.1882(b) except that all references to June 17, 1977, are changed to August 25, 1980. (g) Monitoring and reporting requirements for sources subject to reduced operating load requirements. (1) Any owner or operator of any source of sulfur dioxide subject to a provision of §52.1881 of this chapter which limits the operating level of any point source at any time shall, in addition to any other reporting requirements of this chapter, comply with the following: (i) Install, not later than the date by which compliance with the applicable emission limitation of §52.1881 is required, a device(s) to determine and record the level of operation of each such point source; (ii) Retain such records for at least two years; and (iii) Report to the Administrator within 30 days of each such occurrence any period during which any source is operated above the specified operating level allowed by an applicable requirement of §52.1881. (h) The federal compliance schedule for Ohio Power Company's Cardinal plant in Jefferson County and Muskingum River plant in Washington and Morgan Counties and Columbus and Southern Ohio Electric Company's Conesville plant in Coshocton County is setforth in §52.1882(b) except that all references to June 17, 1977, are changed to June 19, 1980. (i) If the owner or operator of the Columbus and Southern Ohio Electric Company's Conesville plant in Coshocton County elects to comply with the emission limitation set forth in §52.1881(b)(21) by installing a coal-washing facility, the owner or operator shall meet the following compliance schedule in lieu of meeting the compliance schedule set forth in §52.1882(b). (1) 4 weeks from date of promulgation of this schedule: Notify the Administrator of intent to use washed coal to comply with sulfur dioxide emission limitations for the Conesville steam plant; submit a projection for ten years of the amount of coal necessary to enable compliance at this facility; submit the quality specifications of the fuel that is to be used. Such specifications shall include sulfur content, ash content, heat and moisture content. (2) 8 weeks from date of promulgation of this schedule: Submit data to the Administrator demonstrating the availability of fuel necessary to achieve compliance at the Conesville steam plant. Such data shall consist of copies of signed contracts withcoal suppliers and/or signed contracts with a vendor pursuant to which the utility shall construct a coal preparation facility; submit statement to the Administrator as to whether boiler modifications at the Conesville steam plant will be required for combustion of the prepared (washed) complying coal. If boiler modifications are required, submit plans for such modifications. (3) 8 weeks from date of promulgation of this schedule: If a coal preparation facility is to be constructed by the utility for preparing all or a portion of the fuel for combustion at the Conesville steam plant, submit to the Administrator a plant detailing actions to be taken to ensure completion of construction and startup in sufficient time to provide complying fuel for the final compliance date. (4) 52 weeks from June 19, 1980: Complete engineering and specifications for the coal preparation facility. (5) 64 weeks from June 19, 1980: Award contract for construction of the coal preparation facility providing incentives to the contractor to expedite the project. (6) 108 weeks from June 19, 1980: Initiate on-site construction of the new coal preparation facility. (7) 152 weeks from June 19, 1980: Complete construction of the coal preparation facility. (8) 52 weeks from June 19, 1980: Submit to the Administrator a continuous monitoring plan detailing the equipment to be installed, equipment locations, and data reduction techniques as well as schedule of installation. (9) 104 weeks from June 19, 1980: Complete installation and certification of sulfur dioxide monitors on stacks 1, 2 and 3 at the Conesville steam plant. (10) 152 weeks from June 19, 1980: Complete any necessary boiler modifications to the Conesville steam plant units 1–4. (11) 156 weeks (three years) from June 19, 1980: Achieve and demonstrate compliance at units 1–4 of the Conesville steam plant with the applicable emission limitation in §52.1881 of this chapter. (j) The Federal compliance schedule for the Portsmouth Gaseous Diffusion Plant in Pike County is set forth in §52.1882(b) except that all references to June 17, 1977 are changed to (the effective date of promulgation). (k) The Federal compliance schedule for the Ohio Power Company Gavin Power Plant in Gallia County is set forth in §52.1882(b) except that all references to June 17, 1977 are changed to August 25, 1982. (l) The Federal compliance schedule for the LTV Steel Company, Inc., in Cuyahoga County is as follows: (1) 6 months from the date of promulgation—Achieve final compliance with §52.1881(b) for all sources except Boilers 26–34, Boilers A through D, and Coke Plant No. 2 Car Thaw. (2) Achieve final compliance with §52.1881(b) for Boilers 26–34, Boilers A through D, and Coke Plant No. 2 Car Thaw by March 17, 1994. [41 FR 36339, Aug. 27, 1976, as amended at 42 FR 27592, May 31, 1977; 44 FR 47772, Aug. 15, 1979; 45 FR 30069, May 7, 1980; 45 FR 49552, July 25, 1980; 45 FR 73929, Nov. 7, 1980; 46 FR 21769, Apr. 14, 1981; 46 FR 23927, Apr. 29, 1981; 46 FR 24948, May 4, 1981; 46 FR 49125, Oct. 6, 1981; 47 FR 32123, July 26, 1982; 58 FR 46871, Sept. 3, 1993] § 52.1883 [Reserved] top § 52.1884 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 (b) through (w) are hereby incorporated and made a part of the applicable state plan for the State of Ohio. (c) All applications and other information required pursuant to §52.21 from sources in the State of Ohio shall be submitted to the Director of the Ohio Environmental Protection Agency, P.O. Box 1049, Columbus, Ohio 43216 instead of the EPA Region V office. [45 FR 52741, Aug. 7, 1980, and 46 FR 9584, Jan. 29, 1981] § 52.1885 Control strategy: Ozone. top (a) Part D—Approval. The following portions of the Ohio plan are approved: (1) The ozone portions of rules 01, 02, 03, 04 (except the portion disapproved below), 05, 06, 07, 08, 09 (except the portions conditionally approved below) and 10 of Chapter 3745–21 of the Ohio Administrative Code. (2) The Attainment Demonstrations for the following urban areas: Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo and Youngstown. (3) The Reasonable Further Progress Demonstration for the following areas: Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo and Youngstown. (4) The ozone nonattainment area plan for the rural nonattainment areas. (5) [Reserved] (6) Approval—On June 10, 1997, Ohio submitted revisions to the maintenance plans for the Toledo area (including Lucas and Wood counties), the Cleveland/Akron/Lorain area (including Lorain, Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit and Portage counties), and the Dayton-Springfield area (including Montgomery, Clark, Greene, and Miami counties). The revisions consist of an allocation of a portion of the safety margin in each area to the transportation conformity mobile source budget for that area. The mobile source budgets for transportation conformity purposes for Toledo are now: 35.85 tons per day of volatile organic compound emissions for the year 2005 and 35.19 tons per day of oxides of nitrogen emissions for the year 2005. The mobile source budgets for transportation conformity purposes for Cleveland-Akron-Lorain are now: 82.7 tons per day of volatile organic compound emissions for the year 2006 and 104.4 tons per day of oxides of nitrogen emissions for the year 2006. For the Dayton-Springfield area, the oxides of nitrogen mobile source budget remains the same and the mobile source budget for volatile organic compounds is now 34.1 tons per day. (7) Approval—On October 20, 1997, Ohio submitted a revision to the maintenance plan for the Jefferson County area. The revision consists of an allocation of a portion of the safety margin in the area to the transportation conformity mobile source budget for that area. The mobile source budget for transportation conformity purposes for Jefferson County are now: 5.1 tons per day of volatile organic compound emissions for the year 2005 and 4.4 tons per day of oxides of nitrogen emissions for the year 2005. (8) Approval—On April 27, 1998, Ohio submitted a revision to remove the air quality triggers from the ozone maintenance plans for the following areas in Ohio: Canton (Stark County), Cleveland (Lorain, Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit and Portage Counties), Columbus (Franklin, Delaware and Licking Counties), Steubenville (Jefferson County), Toledo (Lucas and Wood Counties), Youngstown (Mahoning and Trumbull Counties) as well as Clinton County, Columbiana County, and Preble County. (9) Approval—On March 13, 1998, Ohio submitted a revision to the maintenance plan for the Columbus area. The revision consists of establishing a new out year for the area's emissions budget. The new out year emissions projections include reductions from point and area sources; the revision also defines new safety margins according to the difference between the areas 1990 baseline inventory and the out year projection. Additionally, the revision consists of allocating a portion of the Columbus area's safety margins to the transportation conformity mobile source emissions budget. The mobile source budgets for transportation conformity purposes for the Columbus area are now: 67.99 tons per day of volatile organic compound emissions for the year 2010 and 70.99 tons per day of oxides of nitrogen emissions for the year 2010. (10) Approval—On April 27, 1998, Ohio submitted a revision to remove the air quality triggers from the ozone maintenance plan for the Dayton-Springfield, Ohio Area (Miami, Montgomery, Clark, and Greene Counties). (11) Approval—On March 18, 1999, Ohio submitted a revision to the maintenance plan for the Stark County (Canton) area. The revision consists of allocating a portion of the Stark County area's safety margins to the transportation conformity mobile source emissions budgets. The mobile source budgets for transportation conformity purposes for the Stark County area are now: 17.34 tons per day of volatile organic compound emissions for the year 2005 and 13.00 tons per day of oxides of nitrogen emissions for the year 2005. (12) Approval—On June 1, 1999, Ohio submitted a revision to the ozone maintenance plan for the Dayton/Springfield area. The revision consists of revising the point source growth estimates and allocating 5.5 tons per day of VOCs to the transportation conformity mobile source emissions budget. The mobile source VOC budget for transportation conformity purposes for the Dayton/Springfield area is now: 39.6 tons per day of volatile organic compound emissions for the year 2005. The approval also corrects a typographical error in the maintenance plan point and area source numbers for 2005. (13) Approval—On August 19, 1999, Ohio submitted a revision to the ozone maintenance plan for the Columbiana County area. The revision consists of allocating a portion of the Columbiana County area's NOX safety margin to the transportation conformity mobile source emissions budget. The mobile source emissions budgets for transportation conformity purposes for the Columbiana County area are now: 5.65 tons per day of volatile organic compound emissions for the year 2005 and 5.55 tons per day of oxides of nitrogen emissions for the year 2005. This approval only changes the NOX transportation conformity emission budget for Columbiana County. (14) Approval-EPA is approving the 1-hour ozone maintenance plan for the Ohio portion of the Cincinnati-Hamilton area submitted by Ohio on May 20, 2005. The approved maintenance plan establishes 2015 mobile source budgets for the Ohio portion of the area (Butler, Clermont, Hamilton, and Warren Counties) for the purposes of transportation conformity. These budgets are 26.2 tons per day for volatile organic compounds and 39.5 tons per day for nitrogen oxides for the year 2015. (15) Approval—On May 31, 2001, Ohio submitted a revision to the ozone maintenance plan for the Cleveland/Akron/Lorain area. The revision consists of allocating a portion of the Cleveland/Akron/Lorain area's NOX safety margin to the transportation conformity mobile source emissions budget. The mobile source emissions budgets for transportation conformity purposes for the Cleveland/Akron/Lorain area are now: 92.7 tons per day of volatile organic compound emissions for the year 2006 and 104.4 tons per day of oxides of nitrogen emissions for the year 2006. This approval only changes the VOC transportation conformity emission budget for Cleveland/Akron/Lorain. (16) Approval—On April 19, 2004, Ohio submitted a revision to the ozone maintenance plan for the Cincinnati, Ohio area. The revision consists of allocating a portion of the area's NOX safety margin to the transportation conformity motor vehicle emissions budget. The motor vehicle emissions budget for NOX for the Cincinnati, Ohio area is now 62.3 tons per day for the year 2010. This approval only changes the NOX transportation conformity emission budget for Cincinnati, Ohio. (17) Approval—On March 1, 2005, Ohio submitted a revision to the 1-hour ozone maintenance plan for Clinton County, Ohio. The revision consists of allocating a portion of the area's oxides of nitrogen (NOX) safety margin to the transportation conformity motor vehicle emissions budget. The motor vehicle emissions budget for NOX for the Clinton County, Ohio area is now 3.45 tons per day for the year 2006. This approval only changes the NOX transportation conformity emission budget for Clinton County, Ohio. (b) The maintenance plans for the following counties are approved: (1) Preble County. (2) Columbiana County. (3) Jefferson County. (4) Montgomery, Greene, Miami, and Clark Counties. This plan includes implementation of Stage II vapor recovery and an enhanced vehicle inspection and maintenance program. (5) Lucas and Wood Counties. (6) Franklin, Delaware, and Licking Counties. (7) Stark County. (8) Mahoning and Trumbull Counties. (9) Clinton County (10) Lorain, Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit, and Portage Counties. (11) Butler, Clermont, Hamilton, and Warren Counties. (c) Disapproval. USEPA disapproves the compliance schedule in revised rule 04(c)(18) of Chapter 3745–21 of the Ohio Administrative Code as it applies to facilities formerly covered by the compliance schedule in old rule 04(c)(1) of Chapter 3745–21. This disapproval in and of itself does not result in the growth restrictions of section 110(a)(2)(I). (d) Part D—No Action. USEPA at this time takes no action on the vehicle inspection and maintenance (I/M) program required for those non-attainment areas which have requested an extension to demonstrate ozone attainment. (e)–(q) [Reserved] (r) Approval—USEPA is approving two exemption requests submitted by the Ohio Environmental Protection Agency on September 20, 1993, and November 8, 1993, for the Toledo and Dayton ozone nonattainment areas, respectively, from the requirements contained in Section 182(f) of the Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene, Miami, and Montgomery Counties from the requirements to implement reasonably available control technology (RACT) for major sources of nitrogen oxides (NOX), nonattainment area new source review (NSR) for new sources and modifications that are major for NOX, and the NOX-related requirements of the general and transportation conformity provisions. For the Dayton ozone nonattainment area, the Dayton local area has opted for an enhanced inspection and maintenance (I/M) program. Upon final approval of this exemption, the Clark, Greene, Miami, and Montgomery Counties shall not be required to demonstrate compliance with the enhanced I/M performance standard for NOX. If a violation of the ozone NAAQS is monitored in the Toledo or Dayton area(s), the exemptions from the requirements of Section 182(f) of the Act in the applicable area(s) shall no longer apply. (s) Approval—The 1990 base-year ozone emissions inventory requirement of Section 182(a)(1) of the Clean Air Act has been satisfied for the following ozone nonattainment areas: Toledo (Lucas and Wood Counties) and Dayton (Clark, Greene, Miami, and Montgomery Counties). (t) [Reserved] (u) Approval—The 1990 base-year ozone emissions inventory requirement of Section 182(a)(1) of the Clean Air Act has been satisfied for the Columbus ozone nonattainment area (which includes the Counties of Delaware, Franklin, and Licking). (v) Approval—The 1990 base-year ozone emissions inventory requirement of Section 182(a)(1) of the Clean Air Act has been satisfied for the Canton (Stark County); Cincinnati-Hamilton (Butler, Clermont, Hamilton and Warren Counties); Cleveland-Akron-Lorain (Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit Counties); and Youngstown-Warren-Sharon (Mahoning and Trumbull Counties) areas. (w) Determination—USEPA is determining that, as of May 7, 1996, the Cleveland-Akron-Lorain ozone nonattainment area (which includes the Counties of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit) have attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the area. (x) Approval—EPA is approving requests submitted by the State of Ohio on March 18, November 1, and November 15, 1994, for exemption from the requirements contained in section 182(f) of the Clean Air Act. This approval exempts the following counties in Ohio from the NOX related general and transportation conformity provisions; nonattainment area NSR for new sources and modifications that are major for NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson, Licking, Mahoning, Preble, Stark, and Trumbull. This approval also exempts the following counties in Ohio from the NOX related general and transportation conformity provisions; nonattainment area NSR for new sources and modifications that are major for NOX; NOX RACT; and a demonstration of compliance with the enhanced I/M performance standard for NOX: Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit. (y) Approval—The 1990 base-year ozone emissions inventory requirement of Section 182(a)(1) of the Clean Air Act has been satisfied for Clinton County. (z) The 15 percent rate-of-progress requirement of section 182(b) of the Clean Air Act, as amended in 1990, is satisfied for the Ohio portion of the Cincinnati-Hamilton ozone nonattainment area. (aa) [Reserved] (bb) Ohio's November 7, 1996, request for a one-year attainment date extension for the Ohio portion of the Cincinnati-Hamilton metropolitan moderate ozone nonattainment area which consists of Hamilton, Butler, Clermont and Warren Counties is approved. The date for attaining the ozone standard in these counties is November 15, 1997. (cc) Ohio's November 14, 1997, request for a one-year attainment date extension for the Ohio portion of the Cincinnati-Hamilton metropolitan moderate ozone nonattainment area which consists of Hamilton, Butler, Clermont and Warren Counties is approved. The date for attaining the ozone standard in these counties is November 15, 1998. (dd) Determination—EPA is determining that, as of July 5, 2000, the Ohio portion of Cincinnati-Hamilton ozone nonattainment area (which includes the Counties of Butler, Clermont, Hamilton and Warren) has attained the 1-hour ozone standard and that the attainment demonstration requirements of section 182(b)(1), 182(j), and 172(c)(1), along with the section 172(c)(9) contingency measure requirements, do not apply to the area. (ee) Approval—EPA is approving an exemption from the requirements contained in section 182(f) of the Clean Air Act. This approval exempts Butler, Clermont, Hamilton, and Warren counties in Ohio from the NOX related general conformity provisions; the nitrogen oxides nonattainment NSR for new sources and modifications that are major for NOX; NOX RACT; and a demonstration of compliance with the enhanced automobile inspection and maintenance performance standard for NOX. [45 FR 72142, Oct. 31, 1980] Editorial Note: For Federal Register citations affecting §52.1885, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1886 [Reserved] top § 52.1887 Control strategy: Carbonmonoxide. top (a) Part D—Approval—The following portions of the Ohio plan are approved: (1) The carbon monoxide portions of rules 01, 02, 03, 04 (except the portion disapproved in §52.1877(c)), 05, 06, 07, 08, 09 (except the portions conditionally approved in §52.1877(b)) and 10 of Chapter 3745–21 of the Ohio Administrative Code. (2) The transportation control plans for the following urban areas: Akron (ozone component only), Canton, Cincinnati, Columbus, Dayton, Steubenville, Toledo (ozone component only), Cleveland. (3) The carbon monoxide attainment and reasonable further progress demonstrations for the following urban areas: Cincinnati, Cleveland, Columbus and Youngstown. (b) [Reserved] (c) Part D—No Action—USEPA at this time takes no action on the carbon monoxide portions of the plan submitted for the urban areas of Akron and Toledo nor on the vehicle inspection and maintenance (I/M) program required for those nonattainment areas which have requested an extension to demonstrate carbon monoxide attainment. (d) Disapproval—On June 9, 1982 (draft), and November 9, 1982 (final), the State of Ohio submitted a revised demonstration that attempts to show attainment by December 31, 1982, of the carbon monoxide (CO) National Ambient Air Quality Standards (NAAQS) for the Cleveland urban area. Supplemental information was submitted on March 8, 1983, March 16, 1983, December 5, 1983, and May 9, 1985. The June 9, 1982, and March 8, 1983, submittals also requested that the 5-year extension for meeting the NAAQS requested on July 29, 1979, and granted by USEPA on October 31, 1980, and June 18, 1981, be rescinded for this area. The attainment demonstration and rescission request are disapproved by USEPA because they do not meet the requirements of §51.10(b). [45 FR 72143, Oct. 31, 1980, as amended at 45 FR 72147, Oct. 31, 1980; 49 FR 22815, June 1, 1984; 51 FR 10391, Mar. 26, 1986; 54 FR 615, Jan. 9, 1989; 54 FR 12621, Mar. 28, 1989; 55 FR 17752, Apr. 27, 1990] § 52.1888 Operating permits. top Emission limitations and related provisions which are established in Ohio operating permits as federally enforceable conditions in accordance with Rule 3745–35–07 shall be enforceable by USEPA and by any person under section 304 of the Clean Air Act. USEPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and will be based upon the permit, permit approval procedures or permit requirements which do not conform with the operating permit program requirements or the requirements of USEPA's underlying regulations. [60 FR 55202, Oct. 30, 1995] § 52.1889 Small business stationary source technical and environmental compliance assistance program. top The Ohio program, submitted as a requested revision to the Ohio State Implementation Plan on May 17, 1994, and May 4, 1995, satisfies the requirements of section 507 of the Clean Air Act. [60 FR 42045, Aug. 15, 1995] § 52.1890 Removed control measures. top On the dates listed below, Ohio requested that the indicated control measures be removed from the Ohio State Implementation Plan (SIP). (a) On February 21, 1997, the State of Ohio requested that the following rules and rule paragraphs be removed from the SIP because they have been amended or revoked by the State subsequent to their incorporation in the SIP: OAC 3745–21–02(C), OAC 3745–21–03(D), OAC 3745–21–05, OAC 3745–22–01, OAC 3745–22–02, OAC 3745–22–03, OAC 3745–22–04, OAC 3745–22–05, OAC 3745–22–06, OAC 3745–22–07, OAC 3745–22–08, OAC 3745–23–03, OAC 3745–23–04, OAC 3745–23–05, and OAC 3745–102–07. (b) [Reserved] [62 FR 47947, Sept. 12, 1997] § 52.1919 Identification of plan-conditional approval. top (a) The plan commitments listed below were submitted on the dates specified. (1) [Reserved] (2) On April 20, 1994, Ohio submitted Rule 3745–35–07, entitled “Federally Enforceable Limitations on Potential to Emit,” and requested authority to issue such limitations as conditions in State operating permits. On June 16, 1994, Ohio submitted a commitment to revise Rule 3745–35–07 to clarify that the rule provides for USEPA objection to permits after issuance. The revisions are approved provided Ohio fulfills this commitment by October 25, 1995. (i) Incorporation by reference. (A) Rule 3745–35–07, adopted April 4, 1994, effective April 20, 1994. (3) Conditional Approval—On August 17, 1995, the Ohio Environmental Protection Agency submitted a revision to the State Implementation Plan. The submittal pertained to a plan for the implementation of the federal transportation conformity requirements at the State or local level in accordance with 40 CFR part 51, subpart T—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act. This conditional approval is based, in part, on the State's commitment, submitted in a letter on April 1, 1996, to submit revised transportation conformity rules to incorporate the two amendments to the federal transportation conformity regulations. The State of Ohio committed to revise its transportation conformity rules by November 14, 1996. If the State ultimately fails to meet its commitment to meet these requirements within one year of final conditional approval, then USEPA's action for the State's requested SIP revision will automatically convert to a final disapproval. (i) Incorporation by reference. August 1, 1995, Ohio Administrative Code Chapter 3745–101, effective August 21, 1995. (4) On March 1, 1996, Ohio submitted revisions to its Permit to Install rules as a revision to the State implementation plan. The request was supplemented on April 16, 1997, September 5, 1997, December 4, 1997, and April 21, 1998. (i) Incorporation by reference. (A) Rule 3745–31–01 through 3745–31–20, effective September 25, 1998. (b) (Reserved) [61 FR 24460, May 15, 1996, as amended at 61 FR 24705, May 16, 1996; 66 FR 51572, Oct. 10, 2001] Subpart LL—Oklahoma top § 52.1920 Identification of plan. top Link to a correction published at 70 FR 53275, Sept. 7, 2005. (a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for Oklahoma under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date on or before June 1, 2000, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after June 1, 2000, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 6 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of June 1, 2000. (3) Copies of the materials incorporated by reference may be inspected at the EPA Region 6 Office at 1445 Ross Avenue, Suite 700, Dallas, Texas, 75202–2733; Air and Radiation Docket (6102A), Room M1500, U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA Approved Oklahoma Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Oklahoma Air Pollution Control Regulations Regulation 1.4. Air Resources Management Permits Required 1.4.1. General Permit Requirements ---------------------------------------------------------------------------------------------------------------- 1.4.1(a)........................ Scope and Purpose.. \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) 1983 38635. 1.4.1(b)........................ General 06/04/1990 07/23/1991, 56 FR Ref: 52.1960(c)(41) Requirements. 33715. 1.4.1(c)........................ Necessity to Obtain 06/04/1990 07/23/1991, 56 FR Ref: 52.1960(c)(41) Permit. 33715. 1.4.1(d)........................ Permit fees........ \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) 1983 38635. ---------------------------------------------------------------------------------------------------------------- 1.4.2. Construction Permit ---------------------------------------------------------------------------------------------------------------- 1.4.2(a)........................ Standards Required. 06/04/1990 07/23/1991, 56 FR Ref: 52.1960(c)(41) 33715. 1.4.2(b)........................ Stack Height 06/11/1989 08/20/1990, 55 FR Ref: 52.1960(c)(34) Limitation. 33905. 1.4.2(c)........................ Permit Applications 06/04/1990 07/23/1991, 56 FR Ref: 52.1960(c)(41) 33715. 1.4.2(d)........................ Action on \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) Applications. 1983 38635. 1.4.2(e)........................ Public Review...... 06/11/1989 08/20/1990, 55 FR Ref: 52.1960(c)(34) 33905. 1.4.2(f)........................ Construction Permit \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) Conditions. 1983 38635. 1.4.2(g)........................ Cancellation of \1\ 02/06/ 07/27/1984, 49 FR Ref: 52.1960(c)(31) Authority to 1984 30184. Construct or Modify. 1.4.2(h)........................ Relocation Permits. 11/14/1990 07/23/1991, 56 FR Ref: 52.1960(c)(41) 33715. ---------------------------------------------------------------------------------------------------------------- 1.4.3. Operating Permit ---------------------------------------------------------------------------------------------------------------- 1.4.3(a)........................ Requirements....... \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) 1983 38635. 1.4.3(b)........................ Permit Applications \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) 1983 38635. 1.4.3(c)........................ Operating Permit \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) Conditions. 1983 38635. ---------------------------------------------------------------------------------------------------------------- 1.4.4. Major Sources_Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas ---------------------------------------------------------------------------------------------------------------- 1.4.4(a)........................ Applicability...... \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) 1983 38635. 1.4.4(b)........................ Definitions: 06/04/1990 07/23/1991, 56 FR Ref: 52.1960(c)(41) Restricted Section 33715. 1.4.4. 1.4.4(c)........................ Source \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) Applicability 1983 38635. Determination. 1.4.4(d)........................ Review, 06/04/1990 07/23/1991, 56 FR Ref: 52.1960(c)(41) Applicability, and 33715. Exemptions. 1.4.4(e)........................ Control Technology. \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) 1983 38635. 1.4.4(f)........................ Air quality impact 08/10/1987 11/08/1999, 64 FR Ref: 52.1960(c)(49) evaluation. 60683. 1.4.4(g)........................ Source Impacting 08/10/1987 11/08/1999, 64 FR Ref: 52.1960(c)(49) Class I areas. 60683. 1.4.4(h)........................ Innovative Control \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) Technology. 1983 38635. ¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨¨ 1.4.5. Major Sources_Nonattainment Areas ---------------------------------------------------------------------------------------------------------------- 1.4.5(a)........................ Applicability...... \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) 1983 38635. 1.4.5(b)........................ Definitions: 06/11/1989 02/12/1991, 56 FR Ref: 52.1960(c)(38) Restricted to 05653. Section 1.4.5. 1.4.5(c)........................ Source 06/11/1989 02/12/1991, 56 FR Ref: 52.1960(c)(38) Applicability 05653. Determination. 1.4.5(d)........................ Exemptions......... \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) 1983 38635. 1.4.5(e)........................ Requirements for \1\ 05/19/ 08/25/1983, 48 FR Ref: 52.1960(c)(26) Sources Located in 1983 38635. Nonattainment Areas. ---------------------------------------------------------------------------------------------------------------- Regulation 3.8. Control of Emission of Hazardous Air Contaminants ---------------------------------------------------------------------------------------------------------------- 3.8(a).......................... Purpose............ 04/19/1982 08/15/1983, 48 FR 36819. 3.8(b).......................... Definitions........ 04/19/1982 08/15/1983, 48 FR 36819. 3.8(c).......................... Emission Standards 04/19/1982 08/15/1983, 48 FR for Hazardous Air 36819. Contaminants. ---------------------------------------------------------------------------------------------------------------- Oklahoma Administrative Code, Title 252. Department of Environmental Quality, Chapter 100 (OAC 252:100). Air Pollution Control (Oklahoma Air Pollution Control Rules) Subchapter 1. General Provisions ---------------------------------------------------------------------------------------------------------------- 252:100-1-1..................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-1-2..................... Statutory 05/26/1994 11/03/1999, 64 FR definitions. 59629. 252:100-1-3..................... Definitions........ 05/26/1994 11/03/1999, 64 FR 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 3. Air Quality Standards and Increments ---------------------------------------------------------------------------------------------------------------- 252:100-3-1..................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-3-2..................... Primary standards.. 05/26/1994 11/03/1999, 64 FR 59629. 252:100-3-3..................... Secondary standards 05/26/1994 11/03/1999, 64 FR 59629. 252:100-3-4..................... Significant 05/26/1994 11/03/1999, 64 FR deterioration 59629. increments. ---------------------------------------------------------------------------------------------------------------- Subchapter 5. Registration of Air Contaminant Sources ---------------------------------------------------------------------------------------------------------------- 252:100-5-1..................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-5-2..................... Registration of 05/26/1994 11/03/1999, 64 FR potential sources 59629. of air contaminants. 252:100-5-3..................... Confidentiality of 05/26/1994 11/03/1999, 64 FR proprietary 59629. information. ---------------------------------------------------------------------------------------------------------------- Subchapter 9. Excess Emission and Malfunction Reporting Requirements ---------------------------------------------------------------------------------------------------------------- 252:100-9-1..................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-9-2..................... Definitions........ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-9-3..................... General 05/26/1994 11/03/1999, 64 FR requirements. 59629. 252:100-9-4..................... Maintenance 05/26/1994 11/03/1999, 64 FR procedures. 59629. 252:100-9-5..................... Malfunctions and 05/26/1994 11/03/1999, 64 FR releases. 59629. 252:100-9-6..................... Excesses resulting 05/26/1994 11/03/1999, 64 FR from engineering 59629. limitations. ---------------------------------------------------------------------------------------------------------------- Subchapter 13. Prohibition of Open Burning ---------------------------------------------------------------------------------------------------------------- 252:100-13-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-13-2.................... Definitions........ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-13-3.................... Scope.............. 05/26/1994 11/03/1999, 64 FR 59629. 252:100-13-4.................... Effective date..... 05/26/1994 11/03/1999, 64 FR 59629. 252:100-13-5.................... Open burning 05/26/1994 11/03/1999, 64 FR prohibited. 59629. 252:100-13-6.................... Salvage operations 05/26/1994 11/03/1999, 64 FR utilizing open 59629. burning prohibited. 252:100-13-7.................... Permissible open 05/26/1994 11/03/1999, 64 FR burning. 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 15. Motor Vehicle Pollution Control Devices ---------------------------------------------------------------------------------------------------------------- 252:100-15-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-15-2.................... Definitions........ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-15-3.................... Scope.............. 05/26/1994 11/03/1999, 64 FR 59629. 252:100-15-4.................... Prohibitions....... 05/26/1994 11/03/1999, 64 FR 59629. 252:100-15-5.................... Maintenance, 05/26/1994 11/03/1999, 64 FR repair, or testing. 59629. 252:100-15-6.................... Liquefied petroleum 05/26/1994 11/03/1999, 64 FR gas. 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 17. Incinerators ---------------------------------------------------------------------------------------------------------------- 252:100-17-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-17-2.................... Effective date; 05/26/1994 11/03/1999, 64 FR applicability. 59629. 252:100-17-3.................... Prohibition on 05/26/1994 11/03/1999, 64 FR density of 59629. emissions. 252:100-17-4.................... Prohibition on 05/26/1994 11/03/1999, 64 FR pounds per hour of 59629. emissions. 252:100-17-5.................... Incinerator design 05/26/1994 11/03/1999, 64 FR requirements. 59629. 252:100-17-6.................... Allowable emission 05/26/1994 11/03/1999, 64 FR of particulates. 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 19. Particulate Matter Emissions From Fuel-Burning Equipment ---------------------------------------------------------------------------------------------------------------- 252:100-19-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-19-2.................... Emission of 05/26/1994 11/03/1999 64 FR particulate matter 59629. prohibited. 252:100-19-3.................... Existing equipment. 05/26/1994 11/03/1999 64 FR 59629. 252:100-19-4.................... New equipment...... 05/26/1994 11/03/1999 64 FR 59629. 252:100-19-5.................... Refuse burning 05/26/1994 11/03/1999 64 FR prohibited. 59629. 252:100-19-6.................... Allowable emission 05/26/1994 11/03/1999 64 FR of particulate 59629. matter. 252:100-19-7.................... Particulate matter 05/26/1994 11/03/1999 64 FR emission limits. 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 23. Control of Emissions From Cotton Gins ---------------------------------------------------------------------------------------------------------------- 252:100-23-1.................... Purpose............ 05/26/1994 11/03/1999 64 FR 59629. 252:100-23-2.................... Definitions........ 05/26/1994 11/03/1999 64 FR 59629. 252:100-23-3.................... General provisions; 05/26/1994 11/03/1999 64 FR applicability. 59629. 252:100-23-4.................... Smoke, visible 05/26/1994 11/03/1999 64 FR emissions, and 59629. particulates. 252:100-23-5.................... Emission control 05/26/1994 11/03/1999 64 FR equipment. 59629. 252:100-23-6.................... Fugitive dust 05/26/1994 11/03/1999 64 FR controls. 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 25. Smoke, Visible Emissions and Particulates ---------------------------------------------------------------------------------------------------------------- 252:100-25-1.................... Purpose............ 05/26/1994 11/03/1999 64 FR 59629. 252:100-25-2.................... General prohibition 05/26/1994 11/03/1999 64 FR 59629. 252:100-25-3.................... Smoke, visible 05/26/1994 11/03/1999 64 FR emissions and 59629. particulates. 252:100-25-4.................... Alternative for 05/26/1994 11/03/1999 64 FR particulates. 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 27. Particulate Matter Emissions from Industrial and Other Processes and Operations ---------------------------------------------------------------------------------------------------------------- 252:100-27-1.................... Purpose............ 05/26/1994 11/03/1999 64 FR 59629. 252:100-27-2.................... Process emission 05/26/1994 11/03/1999 64 FR limitations. 59629. 252:100-27-3.................... Exception to 05/26/1994 11/03/1999 64 FR emission limits. 59629. 252:100-27-4.................... Sampling and 05/26/1994 11/03/1999 64 FR testing. 59629. 252:100-27-5.................... Allowable rate of 05/26/1994 11/03/1999 64 FR emission. 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 29. Control of Fugitive Dust ---------------------------------------------------------------------------------------------------------------- 252:100-29-1.................... Purpose............ 05/26/1994 11/03/1999 64 FR 59629. 252:100-29-2.................... Prohibitions....... 05/26/1994 11/03/1999 64 FR 59629. 252:100-29-3.................... Precautions 05/26/1994 11/03/1999 64 FR required in 59629. maintenance or nonattainment areas. 252:100-29-4.................... Exception for 05/26/1994 11/03/1999, 64 FR agricultural 59629. purposes. 252:100-29-5.................... Variance........... 05/26/1994 11/03/1999, 64 FR 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 31. Control of Emission of Sulfur Compounds Part 1. General Provisions ---------------------------------------------------------------------------------------------------------------- 252:100-31-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-31-2.................... Definitions........ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-31-3.................... Performance testing 05/26/1994 11/03/1999, 64 FR 59629. ---------------------------------------------------------------------------------------------------------------- Part 3. Existing Equipment Standards ---------------------------------------------------------------------------------------------------------------- 252:100-31-12................... Sulfur oxides...... 05/26/1994 11/03/1999, 64 FR 59629. 252:100-31-13................... Sulfuric acid mist. 05/26/1994 11/03/1999, 64 FR 59629. 252:100-31-14................... Hydrogen sulfide... 05/26/1994 11/03/1999, 64 FR 59629. 252:100-31-15................... Total reduced 05/26/1994 11/03/1999, 64 FR sulfur. 59629. ---------------------------------------------------------------------------------------------------------------- Part 5. New Equipment Standards ---------------------------------------------------------------------------------------------------------------- 252:100-31-25................... Sulfur oxides...... 05/26/1994 11/03/1999, 64 FR 59629. 252:100-31-26................... Hydrogen sulfide... 05/26/1994 11/03/1999, 64 FR 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 33. Control of Emission of Nitrogen Oxides ---------------------------------------------------------------------------------------------------------------- 252:100-33-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-33-2.................... Emission limits.... 05/26/1994 11/03/1999, 64 FR 59629. 252:100-33-3.................... Performance testing 05/26/1994 11/03/1999, 64 FR 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 35. Control of Emission of Carbon Monoxide ---------------------------------------------------------------------------------------------------------------- 252:100-35-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-35-2.................... Emission limits.... 05/26/1994 11/03/1999, 64 FR 59629. 252:100-35-3.................... Performance testing 05/26/1994 11/03/1999, 64 FR 59629. ---------------------------------------------------------------------------------------------------------------- Subchapter 37. Control of Emissions of Organic Materials Part 1. General Provisions ---------------------------------------------------------------------------------------------------------------- 252:100-37-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-37-2.................... Definitions........ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-37-3.................... Applicability and 05/26/1994 11/03/1999, 64 FR compliance. 59629. 252:100-37-4.................... Exemptions......... 05/26/1994 11/03/1999, 64 FR 59629. ---------------------------------------------------------------------------------------------------------------- Part 3. Control of Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- 252:100-37-15................... Storage of volatile 05/26/1994 11/03/1999, 64 FR organic compounds. 59629. 252:100-37-16................... Loading of volatile 05/26/1994 11/03/1999, 64 FR organic compounds. 59629. 252:100-37-17................... Effluent water 05/26/1994 11/03/1999, 64 FR separators. 59629. 252:100-37-18................... Pumps and 05/26/1994 11/03/1999, 64 FR compressors. 59629. ---------------------------------------------------------------------------------------------------------------- Part 5. Control of Organic Solvents ---------------------------------------------------------------------------------------------------------------- 252:100-37-25................... Coating of parts 05/26/1994 11/03/1999, 64 FR and products. 59629. 252:100-37-26................... Clean up with 05/26/1994 11/03/1999, 64 FR organic solvents. 59629. ---------------------------------------------------------------------------------------------------------------- Part 7. Control of Specific Processes ---------------------------------------------------------------------------------------------------------------- 252:100-37-35................... Waste gas disposal. 05/26/1994 11/03/1999, 64 FR 59629. 252:100-37-36................... Fuel-burning and 05/26/1994 11/03/1999; 64 FR refuse-burning 59629. equipment. ---------------------------------------------------------------------------------------------------------------- Subchapter 39. Control of Emission of Organic Materials in Nonattainment Areas ---------------------------------------------------------------------------------------------------------------- Part 1. General Provisions ---------------------------------------------------------------------------------------------------------------- 252:100-39-1.................... Purpose............ 05/26/1994 11/03/1999; 64 FR 59629. 252:100-39-2.................... Definitions........ 05/26/1994 11/03/1999; 64 FR 59629. 252:100-39-3.................... General 05/26/1994 11/03/1999; 64 FR applicability. 59629. ---------------------------------------------------------------------------------------------------------------- Part 3. Petroleum Refinery Operations ---------------------------------------------------------------------------------------------------------------- 252:100-39-15................... Petroleum refinery 05/26/1994 11/03/1999; 64 FR equipment leaks. 59629. 252:100-39-16................... Refinery process 05/26/1994 11/03/1999; 64 FR unit turnaround. 59629. 252:100-39-17................... Refinery vacuum 05/26/1994 11/03/1999; 64 FR producing system. 59629. 252:100-39-18................... Refinery effluent 05/26/1994 11/03/1999; 64 FR water separators. 59629. ---------------------------------------------------------------------------------------------------------------- Part 5. Petroleum Processing and Storage ---------------------------------------------------------------------------------------------------------------- 252:100-39-30................... Petroleum liquid 05/26/1994 11/03/1999; 64 FR storage in 59629. external floating roof tanks. Part 7. Specific Operations ---------------------------------------------------------------------------------------------------------------- 252:100-39-40................... Cutback asphalt 05/26/1994 11/03/1999; 64 FR (paving). 59629. ---------------------------------------------------------------------------------------------------------------- 252:100-39-41................... Vapor recovery 05/26/1994 11/03/1999; 64 FR systems. 59629. 252:100-39-42................... Metal cleaning..... 05/26/1994 11/03/1999; 64 FR 59629. 252:100-39-43................... Graphic arts 05/26/1994 11/03/1999; 64 FR systems. 59629. 252:100-39-44................... Manufacture of 05/26/1994 11/03/1999; 64 FR pneumatic rubber 59629. tires. 252:100-39-45................... Petroleum (solvent) 05/26/1994 11/03/1999; 64 FR dry cleaning. 59629. 252:100-39-46................... Coating of parts 05/26/1994 11/03/1999; 64 FR and products. 59629. 252:100-39-47................... Control of VOS 05/26/1994 11/03/1999; 64 FR emissions from 59629. aerospace industries coatings operations. 252:100-39-48................... Vapor recovery 05/26/1994 11/03/1999; 64 FR systems. 59629. 252:100-39-49................... Manufacturing of 05/26/1994 11/03/1999, 64 FR fiberglass 59629. reinforced plastic products. ---------------------------------------------------------------------------------------------------------------- Subchapter 43. Sampling and Testing Methods ---------------------------------------------------------------------------------------------------------------- Part 1. General Provisions ---------------------------------------------------------------------------------------------------------------- 252:100-43-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-43-2.................... Test procedures.... 05/26/1994 11/03/1999, 64 FR 59629. 252:100-43-3.................... Conduct of tests... 05/26/1994 11/03/1999, 64 FR 59629. ---------------------------------------------------------------------------------------------------------------- Part 3. Specific Methods ---------------------------------------------------------------------------------------------------------------- 252:100-43-15................... Gasoline vapor leak 05/26/1994 11/03/1999, 64 FR detection 59629. procedure by combustible gas detector. ---------------------------------------------------------------------------------------------------------------- Subchapter 45. Monitoring of Emissions ---------------------------------------------------------------------------------------------------------------- 252:100-45-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR 59629. 252:100-45-2.................... Monitoring 05/26/1994 11/03/1999, 64 FR equipment required. 59629. 252:100-45-3.................... Records required... 05/26/1994 11/03/1999, 64 FR 59629. ---------------------------------------------------------------------------------------------------------------- Appendices ---------------------------------------------------------------------------------------------------------------- Appendix A...................... Allowable Emissions 05/26/1994 11/03/1999, 64 FR for Incinerators 59629. with Capacities in Excess of 100 lbs/ hr. Appendix B...................... Allowable Emissions 05/26/1994 11/03/1999, 64 FR for Incinerators 59629. with Capacities less than 100 lbs/ hr. Appendix C...................... Particulate Matter 05/26/1994 11/03/1999, 64 FR Emission Limits 59629. for Fuel-Burning Equipment. Appendix E...................... Primary Ambient Air 05/26/1994 11/03/1999, 64 FR Quality Standards. 59629. Appendix F...................... Secondary Ambient 05/26/1994 11/03/1999, 64 FR Air Quality 59629. Standards. Appendix G...................... Allowable Rate of 05/26/1994 11/03/1999, 64 FR Emissions. 59629. ---------------------------------------------------------------------------------------------------------------- Oklahoma Administrative Code, Title 595. Department of Public Safety, Chapter 20 (OAC 595:20). Inspection and Equipment for Motor Vehicles ---------------------------------------------------------------------------------------------------------------- Subchapter 3. Emission and Mechanical Inspection of Vehicles ---------------------------------------------------------------------------------------------------------------- 595:20-3-1...................... General 05/26/1994 02/29/1996, 61 FR Subsection (2) only. instructions. 7709. 595:20-3-3...................... When emission anti- 5/26/1994 02/29/1996, 61 FR tampering 7709. inspection required where population less than 500,000. 595:20-3-5...................... Emission inspection 05/26/1994 02/29/1996, 61 FR areas. 7709. 595:20-3-6...................... Documentation for 05/26/1994 02/29/1996 61 FR every inspection. 7709. 595:20-3-12..................... Inspection required 05/26/1994 02/29/1996 61 FR each year. 7709. 595:20-3-25..................... Motorcycle or motor- 05/26/1994 02/29/1996 61 FR driven cycles 7709. (Class ``B''). 595:20-3-26..................... Trailer and 05/26/1994 02/29/1996 61 FR semitrailer 7709. trucks, (Class ``C''). 595:20-3-27..................... School Buses (Class 05/26/1994 02/29/1996 61 FR ``D''). 7709. 595:20-3-41..................... Supervisory 05/26/1994 02/29/1996 61 FR Subsection (o) only. responsibility of 7709. inspection station owners and operators. 595:20-3-42..................... Responsibility for 05/26/1994 02/29/1996 61 FR signs, forms, etc. 7709. 595:20-3-46..................... Security measures.. 05/26/1994 02/29/1996 61 FR Subsections (a) and (b) 7709. only. 595:20-3-61..................... Refund of unused 05/26/1994 02/29/1996 61 FR Subsections (a), (b), stickers. 7709. (e), and (f) only. 595:20-3-63..................... Rejected vehicles.. 05/26/1994 02/29/1996 61 FR Subsections (b) and (g) 7709. only. ---------------------------------------------------------------------------------------------------------------- Subchapter 7. Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/Motorcycle ---------------------------------------------------------------------------------------------------------------- 595:20-7-1...................... General............ 05/26/1994 02/29/1996 61 FR Subsections (c) and (f) 7709. only. 595:20-7-2...................... Inspection 05/26/1994 02/29/1996 61 FR Subsection (a) only. certificate. 7709. 595:20-7-3...................... Rejection 05/26/1994 02/29/1996 61 FR receipt_Form VID 7709. 44. 595:20-7-4...................... Station monthly 05/26/1994 02/29/1996 61 FR Subsection (a) only. report_Form VID 21. 7709. 595:20-7-5...................... Signature card_Form 05/26/1994 02/29/1996 61 FR Subsection (a) only. VID 17. 7709. 595:20-7-6...................... Request for 05/26/1994 02/29/1996 61 FR Subsection (a) only. inspection 7709. stickers_Form VID 19. 595:20-7-7...................... Request for 05/26/1994 02/29/1996 61 FR Subsection (a) only. refund_Form VID 25. 7709. ---------------------------------------------------------------------------------------------------------------- Subchapter 9. Class AE Inspection Station, Vehicle Emission Anti-Tampering Inspection ---------------------------------------------------------------------------------------------------------------- 595:20-9-1...................... General............ 05/26/1994 02/29/1996 61 FR Subsection (a) only. 7709. 595:20-9-3...................... Vehicle emission 05/26/1994 02/29/1996 61 FR Subsections (l) and (m) inspection. 7709. only. 595:20-9-7...................... Catalytic Converter 05/26/1994 02/29/1996, 61 FR System (C.A.T.). 7709. 595:20-9-10..................... Evaporative 05/26/1994 02/29/1996, 61 FR Subsections (a), (b), emission control 7709. and (c) only. system (E.N.P.). 595:20-9-11..................... Air injection 05/26/1994 02/29/1996, 61 FR Subsection (a) only. system (A.I.S. or 7709. A.I.R.). 595:20-9-12..................... Positive crankcase 05/26/1994 02/29/1996, 61 FR Subsection (a) only. ventilation system 7709. (P.C.V. Valve). 595:20-9-13..................... Oxygen sensor...... 05/26/1994 02/29/1996, 61 FR Subsection (a) only. 7709. 595:20-9-14..................... Thermostatic air 05/26/1994 02/29/1996, 61 FR Subsections (a) and (b) intake system 7709. only. (T.A.C.). 595:20-9-15..................... Exhaust gas 05/26/1994 02/29/1996, 61 FR Subsection (a) only. recirculation 7709. system (E.G.R.). ---------------------------------------------------------------------------------------------------------------- Subchapter 11. Annual Motor Vehicle Inspection and Emission Anti-Tampering Inspection Records and Reports ---------------------------------------------------------------------------------------------------------------- 595:20-11-1..................... General............ 05/26/1994 02/29/1996, 61 FR 7709. 595:20-11-2..................... Inspection 05/26/1994 02/29/1996, 61 FR Subsection (a) only. certificate_VEC-1. 7709. 595:20-11-3..................... Rejection 05/26/1994 02/29/1996, 61 FR Subsection (a) only. certificate_VIID- 7709. 44. 595:20-11-4..................... Appeal procedure... 05/26/1994 02/29/1996, 61 FR 7709 . ---------------------------------------------------------------------------------------------------------------- \1\ Submitted. (d) EPA approved state source-specific requirements. EPA Approved Oklahoma Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State Name of source Permit No. submittal EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- General Motors, Oklahoma City: ................. 03/28/1977 12/20/1977, 42 FR Ref: 52.1960(c)(10). Addendum I to Chapter 4, 63781. Emissions Offset Agreement for Permit Application. McAlester Army Ammunition Variance......... 09/21/1979 05/26/1981, 46 FR Ref: 52.1960(c)(21). Plant McAlester, OK. 28159. Mesa Petroleum Company........ Variance......... 02/06/1984 07/27/1984, 49 FR Ref: 52.1960(c)(31). 30184. Rockwell International, Tulsa. Alternate RACT... 03/09/1990 06/12/1990, 55 FR Ref: 52.1960(c)(36). 23730. McDonald Douglas, Tulsa....... Alternate RACT... 03/09/1990 06/12/1990, 55 FR Ref: 52.1960(c)(36). 23730. American Airlines, Tulsa...... Alternate RACT... 03/09/1990 06/12/1990, 55 FR Ref: 52.1960(c)(36). 23730. Nordam Lansing Street Alternate RACT... 03/09/1990 06/12/1990, 55 FR Ref: 52.1960(c)(36). facility, Tulsa. 23730. Conoco Refinery, Ponca City... 88-116-C......... 11/07/1989 03/06/1992, 57 FR Ref: 52.1960(c)(42). 08077. Conoco Refinery, Ponca City... 88-117-O......... 11/07/1989 03/06/1992, 57 FR Ref: 52.1960(c)(42). 08077. ---------------------------------------------------------------------------------------------------------------- (e) EPA approved nonregulatory provisions and quasi-regulatory measures. EPA Approved Oklahoma Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable geographic or State Name of SIP provision nonattainment submittal EPA approval date Explanation area date ---------------------------------------------------------------------------------------------------------------- Chapter 1, Abstract........... Statewide........ 10/16/1972 05/14/1973, 38 FR Ref: 52.1960(c)(6). 12696. Chapter 2, Description of Statewide........ 01/28/1972 05/31/1972, 37 FR Ref: 52.1960(b). Regions. 10842. Chapter 3, Legal Authority.... Statewide........ 10/16/1972 05/14/1973, 38 FR Ref: 52.1960(c)(6). 12696. Chapter 4, Control Strategy... Statewide........ 10/16/1972 05/14/1973, 38 FR Ref: 52.1960(c)(6). 12696. A. Part D Requirements........ Nonattainment 04/02/1979 02/13/1980, 45 FR Ref: 52.1960(c)(14). areas. 09733. B. Photochemical Oxidants Statewide........ 04/02/1979 02/13/1980, 45 FR Ref: 52.1960(c)(14). (Ozone). 09733. C. Carbon Monoxide............ Statewide........ 04/02/1979 02/13/1980, 45 FR Ref: 52.1960(c)(14). 09733. D. Total Suspended Statewide........ 04/02/1979 02/13/1980, 45 FR Ref: 52.1960(c)(14). Particulates. 09733. E. Public notification........ Statewide........ 04/02/1979 05/14/1982, 47 FR Ref: 52.1960(c)(17). 20771. F. Lead SIP................... Statewide........ 03/05/1980 04/16/1982, 47 FR Ref: 52.1960(c)(18). 16328. G. PM10 SIP................... Statewide........ 08/22/1989 02/12/1991, 56 FR Ref: 52.1960(c)(38). 05653. H. Tulsa County Ozone Plan.... Tulsa County..... 02/20/1985 01/31/1991, 56 FR Ref: 52.1960(c)(39). 03777. I. Oklahoma County Carbon Oklahoma County.. 10/17/1985 08/08/1991, 56 FR Ref: 52.1960(c)(40). Monoxide Plan. 37651. J. Central Oklahoma EAC area 8- Canadian, 12/22/2004 8/16/05, 70 FR hour ozone standard Cleveland, 48078. attainment demonstration, Grady, Lincoln, Emission Reduction Logan, McClain, Strategies, Clean Air Plan, and Oklahoma and Memorandum of Agreement Counties. between the ODEQ and ACOG defining duties and responsibilities of each party for implementation of the Central Oklahoma EAC area Emission Reduction Strategies. K. Tulsa EAC Area 8-hour ozone Tulsa County and 12/22/2004 8/19/05, 70 FR standard attainment portions of 48645. demonstration, Clean Air Creek, Osage, Plan, Transportation Emission Rogers and Reduction Strategies, and Wagoner Counties. Memorandum of Agreement between the ODEQ and INCOG defining duties and responsibilities of each party for implementation of the Tulsa Area Transportation Emission Reduction Strategies. Chapter 5, Compliance Statewide........ 10/16/1972 05/14/1973, 38 FR Ref: 52.1960(c)(6). Schedules. 12696. Chapter 6, Emergency Episode Statewide........ 08/22/1989 02/12/1991, 56 FR Ref: 52.1960(c)(38). Control Plan. 05653. Chapter 7, Atmospheric Statewide........ 03/07/1980 08/06/1981, 46 FR Ref: 52.1960(c)(22). Surveillance System. 40005. Chapter 8, Source Surveillance Statewide........ 10/16/1972 05/14/1973, 38 FR Ref: 52.1960(c)(6). System. 12696. Chapter 9, Resources.......... Statewide........ 04/02/1979 02/13/1980, 45 FR Ref: 52.1960(c)(14). 09733. Chapter 10, Intergovernmental Statewide........ 04/02/1979 05/14/1982, 47 FR Ref: 52.1960(c)(17). Cooperation. 20771. Small Business Assistance Statewide........ 11/19/1992 06/23/1994, 59 FR Ref: 52.1960(c)(45). Program. 32365. Oklahoma Vehicle Anti- Statewide........ 05/16/1994 02/29/1996, 61 FR Ref: 52.1960(c)(46). Tampering Program. 07709. Oklahoma Visibility Protection Statewide........ 06/08/1990 11/08/1999, 64 FR Ref: 52.1960(c)(49). Plan. 60683. ---------------------------------------------------------------------------------------------------------------- EPA Approved Statutes in the Oklahoma SIP ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- 1992 Oklahoma Clean Air Act (63 O.S.A. 1992, Sections 1-1801 to 1-1819) ---------------------------------------------------------------------------------------------------------------- Section 1-1801.................. Citation........... 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1802.................. Purpose............ 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1803.................. Municipal 05/15/1992 06/23/1994, 59 FR 32365...... Regulations. Section 1-1804.1................ Definitions........ 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1805.1................ Administrative 05/15/1992 06/23/1994, 59 FR 32365...... Agency Powers. Section 1-1806.1................ Adoption of Rules.. 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1807.1................ Air Quality Council 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1808.1................ Powers and Duties 05/15/1992 06/23/1994, 59 FR 32365...... of the Air Quality Council. Section 1-1809.................. Chief of Air 05/15/1992 06/23/1994, 59 FR 32365...... Quality Council/ Citizen Complaints. Section 1-1810.................. Variances.......... 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1811.................. Compliance Orders.. 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1812.................. Field Citation 05/15/1992 06/23/1994, 59 FR 32365...... Program/ Administrative Penalties. Section 1-1813.................. Permitting Program. 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1814.................. Fees............... 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1815.................. Emission Standards/ 05/15/1992 06/23/1994, 59 FR 32365...... Toxic Air Contaminant Emissions/Oil and Gas Emissions. Section 1-1816.................. Small Business 05/15/1992 06/23/1994, 59 FR 32365...... Assistance Program. Section 1-1817.................. Criminal Penalties. 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1818.................. Civil Action....... 05/15/1992 06/23/1994, 59 FR 32365...... Section 1-1819.................. Keeping Certain 05/15/1992 06/23/1994, 59 FR 32365...... Rules and Enforcement Actions Effective. ---------------------------------------------------------------------------------------------------------------- 1992 Oklahoma Environmental Quality Act (27A O.S.A., Sections 1 to 12) ---------------------------------------------------------------------------------------------------------------- Section 1....................... Citation........... 06/12/1992 06/23/1994, 59 FR 32365...... Section 2....................... Purpose............ 06/12/1992 06/23/1994, 59 FR 32365...... Section 3....................... Definitions........ 06/12/1992 06/23/1994, 59 FR 32365...... Section 4....................... Transition......... 06/12/1992 06/23/1994, 59 FR 32365...... Section 5....................... Pollution Control 06/12/1992 06/23/1994, 59 FR 32365...... Coordinating Board and Department of Pollution Control. Section 6....................... Jurisdictional 06/12/1992 06/23/1994, 59 FR 32365...... Areas of Environmental Responsibility. Section 7....................... Environmental 06/12/1992 06/23/1994, 59 FR 32365...... Quality Board. Section 8....................... Executive Director. 06/12/1992 06/23/1994, 59 FR 32365...... Section 9....................... Department of 06/12/1992 06/23/1994, 59 FR 32365...... Environmental Quality. Section 10...................... Advisory Councils.. 06/12/1992 06/23/1994, 59 FR 32365...... Section 11...................... Time Periods for 06/12/1992 06/23/1994, 59 FR 32365...... Certain Permits and Complaints. Section 12...................... Resolution......... 06/12/1992 06/23/1994, 59 FR 32365...... ---------------------------------------------------------------------------------------------------------------- [65 FR 47328, Aug. 2, 2000; 65 FR 52476, 52477, Aug. 29, 2000, as amended at 70 FR 48080, Aug. 16, 2005; 70 FR 48647, Aug. 19, 2005; 70 FR 53275, Sept. 7, 2005] § 52.1921 Classification of regions. top The Oklahoma plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Central Oklahoma Intrastate............................... I III III III I Northeastern Oklahoma Intrastate.......................... I III III III I Southeastern Oklahoma Intrastate.......................... III III III III III North Central Oklahoma Intrastate......................... III III III III III Southwestern Oklahoma Intrastate.......................... III III III III III Northwestern Oklahoma Intrastate.......................... III III III III III Metropolitan Fort Smith Interstate........................ II III III III III Shreveport-Texarkana-Tyler Interstate..................... II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10887, May 31, 1972, as amended at 45 FR 9741, Feb. 13, 1980] § 52.1922 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Oklahoma's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977, except as noted below. [45 FR 9741, Feb. 13, 1980, as amended at 61 FR 16062, Apr. 11, 1996] §§ 52.1923-52.1928 [Reserved] top § 52.1929 Significant deterioration of air quality. top (a) Regulation for preventing significant deterioration of air quality. The Oklahoma plan, as submitted, does not apply to certain sources in the State. Therefore the provisions of §52.21 except paragraph (a)(1) are hereby incorporated, and made part of the Oklahoma State implementation plan, and are applicable to the following major stationary sources or major modifications: (i) Sources permitted by EPA prior to approval of the Oklahoma PSD program for which EPA retains enforcement authority. (ii) Sources proposing to locate on lands over which Oklahoma does not have jurisdiction under the Clean Air Act to issue PSD permits. (b) The plan revisions submitted by the Governor of Oklahoma on August 22, 1989, as adopted on March 23, 1989, by the Oklahoma State Board of Health and effective June 11, 1989, amendments to OAPCR 1.4.4 “Major Sources—Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas” is approved as meeting the requirements of Part C of the Clean Air Act for preventing significant deterioration of air quality. [56 FR 5656, Feb. 12, 1991, as amended at 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003] § 52.1930 [Reserved] top § 52.1931 Petroleum storage tank controls. top (a) Notwithstanding any provisions to the contrary in the Oklahoma implementation plan, the petroleum storage tanks listed in paragraphs (b) through (e) of this section shall be subject to the requirements of section 15.211 of the Oklahoma Air Pollution Control Regulations and to the monitoring, inspection, reporting, and other procedural requirements of the Oklahoma implementation plan and the Clean Air Act. The owner or operator of each affected facility shall secure compliance with section 15.211 in accordance with the schedule set forth below. (b) Tanks 121 and 122 for crude oil storage at the Sun Oil Company refinery at Duncan, Oklahoma, shall be in compliance with section 15.211 no later than August 1, 1979. (c) Tanks 118 and 119 for gasoline storage at the Apco Oil Corporation refinery at Cyril, Oklahoma, shall be in compliance with section 15.211 no later than February 1, 1979. (d) Tank 286 for crude oil storage at the Continental Pipe Line Company property in Oklahoma County, Oklahoma (section 32–12N–2W) shall be in compliance with section 15.211 no later than February 1, 1979. (e) The three 80,000 barrel capacity crude oil storage tanks at the Champlin Petroleum Company, Noble Station, 13th and Bryan Streets, Oklahoma City, Oklahoma, shall be in compliance with section 15.211 no later than September 1, 1979. (f) Action on the part of Sun Oil Company, Apco Oil Corporation, Continental Pipe Line Company and Champlin Petroleum Company of controlling hydrocarbon emissions creditable as offsets for General Motors Corporation, Oklahoma City, Oklahoma, in no way relieves these companies from meeting all requirements under the Oklahoma Air Quality Implementation Plan or under the Federal Clean Air Act as amended. [42 FR 63782, Dec. 20, 1977] §§ 52.1932-52.1933 [Reserved] top § 52.1934 Prevention of air pollution emergency episodes. top (a) The plan originally submitted by the Governor of Oklahoma on January 28, 1972, as Chapter six, was revised for particulate matter and submitted for parallel processing by the Episode Control Plan for the State of Oklahoma” §2.2 and §3.2 table II as adopted September 6, 1988, by the Oklahoma Air Quality Council are approved as meeting the requirements of section 110 of the Clean Air Act and 40 CFR part 51 subpart H. [56 FR 5656, Feb. 12, 1991] § 52.1935 Small business assistance program. top The Governor of Oklahoma submitted on November 19, 1992, a plan revision to develop and implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program to meet the requirements of section 507 of the Clean Air Act by November 15, 1994. The plan commits to provide technical and compliance assistance to small businesses, hire an Ombudsman to serve as an independent advocate for small businesses, and establish a Compliance Advisory Panel to advise the program and report to EPA on the program's effectiveness. [59 FR 32370, June 23, 1994] § 52.1960 Original Identification of plan section. top (a) This section identifies the original “State of Oklahoma Air Quality Control Implementation Plan” and all revisions submitted by Oklahoma that were federally approved prior to June 1, 2000. (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) An opinion of the State Attorney General concerning the State's legal authority in emergency episode prevention and public disclosure was submitted February 15, 1972. (Non-regulatory) (2) Letter from State Department of Health concerning emergency episode prevention, sampling site locations and governmental cooperation was submitted on February 25, 1972. (Non-regulatory) (3) Letter of May 4, 1972, from the State Department of Health clarifies Regulations 4, 13, 14, and Title 63 of the State air quality regulations concerning emission data, emergency episodes, compliance schedules and new source review. (Non-regulatory) (4) Revisions concerning Regulations 4 through 8, 13 and 15 through 18 were submitted by the Governor on July 14, 1972. (5) Certification on October 4, 1972, of amendments to Regulation 14 of the State regulations was submitted by the Governor. (Non-regulatory) (6) Corrections of the plan submitted previously and consolidated were submitted on October 16, 1972. (Non-regulatory) (7) Sections 16.1, 16.3, and 16.5 of Regulation No. 16, “Control of Emissions of Sulfur Compounds,” the Control Strategy which relates to sulfur oxides control under the applicable sections of Regulation 16, and emission limitations on existing sources as adopted on December 1, 1974 and submitted by the Governor on March 4, 1975. (8) Revision to Oklahoma Regulation 4.2 (public availability of emission data) was submitted by the Governor on October 7, 1975. (9) Administrative revisions to Oklahoma SIP Chapter 1, Table 2, Oklahoma Ambient Air Quality Standards, Chapter 8, Source Surveillance and Enforcement System, section 8 A, B, and C relating to permits, and addition of Appendix Q, relating to Oklahoma Air Quality Standards, were submitted by the Oklahoma State Department of Health on May 16, 1975, with clarification submitted on June 17, 1977. (Nonregulatory). (10) Consent agreements creditable as emission offsets were submitted by the Governor on March 28, 1977 as Addendum 1 to Chapter IV of the Oklahoma Air Quality Implementation Plan. (11) Revisions of Oklahoma Regulation No. 15 for control of emissions of organic materials were adopted (effective date) December 31, 1974, and submitted by the Governor on June 16, 1975. (12) Revision to Oklahoma Regulation No. 3, Defining Terms Used in Oklahoma Air Pollution Control Regulations, were submitted by the Governor on November 28, 1977. The revisions include amendments adopted by the State on June 2, 1974 and June 11, 1977. (See §52.1926(a).) (13) A general update of Chapter 7: Air Quality Surveillance, was submitted by the Governor on July 19, 1978. (Non-regulatory). (14) Revisions to the plan for attainment of standards for ozone, carbon monoxide, and particulate matter (Part D requirements) were submitted by the Governor on April 2, 1979. (15) A revised schedule including specific dates of the overall TSP program was submitted by the State on March 28, 1980. (16) Revisions to Regulation No. 17, Regulation No. 14 section 14.313, Regulation No. section 14.313(b), Regulation No. 14 section 14.313(c)(i), Regulation No. 15 section 15.50, Regulation No. 15 section 15.53, and Regulation No. 3 (Part D requirements) were submitted by the Governor on April 11, 1980. (17) Revisions to the plan for intergovernmental consultation, interstate pollution abatement, public notification, and the State Board were submitted by the Governor on April 2, 1979; a letter of commitment for new source notification was submitted by the Acting Chief of the Oklahoma Air Quality Service on March 31, 1982; a Public Notification Workplan was submitted by the Chief of the Oklahoma Air Quality Service on January 14, 1980; the Oklahoma Code of Ethics for State Officials and Employees, with a clarification letter, was submitted by the Oklahoma Commissioner of Health on March 9, 1982; and a clarification letter was submitted by the Acting Chief of the Oklahoma Air Quality Service on February 23, 1982. (18) The Oklahoma State Implementation Plan for lead was submitted to EPA on March 5, 1980, by the Governor of Oklahoma as adopted by the State Air Quality Council on November 13, 1979. Letters of clarification dated October 19 and December 9, 1981, also were submitted. (19) Revisions to Regulation No. 15 (i.e., the addition of sections 15.57, 15.58, and 15.59) were adopted by the State Board of Health on April 30, 1980 and submitted by the Governor on June 10, 1980. (20) Revisions to Regulation No. 15 (i.e., revisions to sections 15.524, 15.585, and 15.59, and the addition of Sections 15.60 and 15.61) were adopted by the State Board of Health on May 9, 1981 and submitted by the Governor on September 14, 1981. (21) A variance to the State Regulations 7 and 8 for McAlester Army Ammunition Plant located in McAlester, Oklahoma was submitted by the State on September 21, 1979 and approved by the State Board of Health on September 8, 1979. (22) On March 7, 1980, the Governor submitted final revisions to the ambient monitoring portion of the plan. (23) [Reserved] (24) A revision to the Air Pollution Control Regulation 2.1, as adopted by the Oklahoma Air Quality Council on January 19, 1982, was submitted by the Governor on April 12, 1982. (25) Revision to Oklahoma Regulation No. 1.4 Air Resources Management-Permits Required (1.4.1–1.4.3) and Major Sources—Nonattainment areas (1.4.5) was submitted by the Governor on April 12, 1982. A letter of commitment and a letter of clarification for Regulation 1.4 was submitted by the State on April 30, 1982 and December 9, 1982, respectively. (26) On April 2, 1979, the State of Oklahoma submitted an amendment to Regulation 1.3 Defining Terms Used in Oklahoma Air Pollution Control Regulations (i.e., Table II) and on April 12, 1982, and on May 19, 1983, the State submitted revisions to the State's Permit Regulation 1.4 including adding 1.4.4 [Major Sources—Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas] to provide for PSD new source review. A Letter of Clarification of October 6, 1982, was also submitted. (27) Revision to Oklahoma Regulation 3.8 (Control of Emission of Hazardous Air Contaminants) submitted by the Governor on February 8, 1983. (28) Revision to Oklahoma Regulation 3.4—Control of Emission of Sulfur Compounds was submitted by the Governor on May 19, 1983, which changed subsections 3.4(c)(1)(A)(i)(a)(3) and 3.4(c)(1)(C)(i)(a). The revision was adopted by the Oklahoma State Board of Health on May 12, 1983. A letter of clarification on subsection 3.4(c)(1)(C)(i)(a) was submitted by the State on October 14, 1983. (29) Revision of Oklahoma Regulation 1.4—Air Resources Management—Permits Required was submitted by the Governors on May 19, 1983. A letter of clarification on subsection 1.4.1(c)(3) was submitted by the State on September 23, 1983. (30) Revision to Oklahoma Regulation No. 1.5—Reports Required: Excess Emissions During Startup, Shutdown and Malfunction of Equipment was submitted by the Governor on February 8, 1983. Letters of clarification were submitted by the State on October 18, 1982 and May 24, 1983. (31) Revision to Regulation 1.4 “Air Resources Management—Permits Required” and variance and extension for Mesa Petroleum Company submitted by the Governor on February 6, 1984. A letter of clarification on section 1.4.2(f) Cancellation of Authority to Construct or Modify was submitted by the State on February 17, 1984. (32) [Reserved] (33) Revision to Regulation 3.1 “Pertaining to the Control of Smoke, Visible Emissions and Particulates” submitted by the Governor on February 6, 1984. On May 16, 1984, the Oklahoma State Department of Health submitted a letter of clarification on Regulation 3.1. (34) Oklahoma Air Pollution Control Regulation 1.4.2(b) “Stack Height Limitation” and amendments to OAPCR 1.4.2(e) “Public Review” as adopted on May 8, 1986, and submitted by the Governor on April 30, 1986, to meet the requirements of the Federal stack height regulations. (i) Incorporation by reference. (A) Oklahoma Air Pollution Control Regulation (OAPCR) 1.4.2(b) “Stack Height Limitation” as adopted on May 8, 1986, and amendments to OAPCR 1.4.2(b) section 1.4.2(b)(1)(G) as adopted on July 9, 1987, and effective August 10, 1987. In addition, amendments to OAPCR 1.4.2(b) section 1.4.2(b)(1)(C); and amendments to OAPCR 1.4.2(e) “Public Review” section 1.4.2(e)(1)(A) as adopted March 23, 1989, effective June 11, 1989, by the Oklahoma Board of Health. (ii) Additional material. (A) Commitment letter dated July 8, 1988, from the Director of the Permits and Enforcement Division of the Oklahoma Air Quality Service, Oklahoma State Department of Health. (35) May 8, 1985, revisions to Oklahoma Air Pollution Control Regulation 3.4.(c)(1)(C) “Gas Sweetening and Sulfur Recovery Plants” were submitted by the Governor on March 31, 1986. (i) Incorporation by reference. (A) Amendments to Oklahoma Air Pollution Control Regulation 3.4(c)(1)(C) (Gas Sweetening and Sulfur Recovery Plants); adopted May 8, 1985, by the Oklahoma Air Quality Council. (36) On March 9, 1990, the Governor submitted Oklahoma Air Pollution Control Regulation 3.7.5—4(h) “Control of VOS Emissions from Aerospace Industries Coatings Operations.” This regulation was adopted by the Oklahoma Air Quality Council on December 5, 1989, and by the Oklahoma Board of Health on February 8, 1990. The regulation became effective when it was signed by the Governor as an emergency rule on February 12, 1990. Also on March 9, 1990, the Governor of Oklahoma submitted four source specific alternate RA.T determination Orders issued by the Oklahoma Commissioner of Health for the Rockwell International, McDonnell Douglas-Tulsa. American Airlines and Nordam facilities in Tulsa County. (i) Incorporation by reference. (A) Oklahoma Air Pollution Control Regulation 3.7.5—4(h) “Control of VOS Emissions from Aerospace Industries Coatings Operations” as adopted by the Oklahoma Air Quality Council on December 5, 1989, and the Oklahoma Board of Health on February 8, 1990, and approved by the Governor on February 12, 1990. (B) Oklahoma Commissioner of Health Order issued and effective February 21, 1990, for Rockwell International, Tulsa approving an Alternate Reasonably Available Control Technology (ARACT). (C) Oklahoma Commissioner of Health Order issued and effective February 21, 1990, for McDonnell Douglas-Tulsa approving an Alternate Reasonably Available Control Technology (ARACT). (D) Oklahoma Commissioner of Health Order issued and effective February 21, 1990, for American Airlines approving an Alternate Reasonably Available Control Technology (ARACT). (E) Oklahoma Commissioner of Health Order issued and effective February 21, 1990, for Nordam's Lansing Street facility approving an Alternate Reasonably Available Control Technology (ARACT). (ii) Additional material. (A) Rockwell International Tulsa. (1) The document prepared by Rockwell International titled “Rockwell International NAA-Tulsa Alternate RACT Determination” dated October 30, 1989. (2) The document prepared by Rockwell titled “Rockwell International NAA-Tulsa Alternate RACT Determination Supplemental Submittal” dated November 22, 1989. (B) McDonnell Douglas. (1) The document prepared by McDonnell Douglas-Tulsa titled “Source Specific RACT Determination” dated October 30, 1989. (2) The document prepared by McDonnell Douglas-Tulsa titled “ARACT/Follow-up Submission” dated November 20, 1989. (C) American Airlines. (1) The document prepared by American Airlines titled “American Airlines Tulsa Alternate RACT” dated October 30, 1989. (2) The document prepared by American Airlines titled “ARACT/Follow-up Submission” dated November 22, 1989. (D) Nordam. (1) The document prepared by Nordam titled “Source Specific RACT Determination” dated November 29, 1989. (2) The document prepared by Nordam titled “ARACT/Follow-up Submission” dated January 10, 1990. (37) On May 8, 1989, the Governor submitted Oklahoma Air Pollution Control Regulation 1.5 “Excess Emission and Malfunction Reporting Requirements”. This regulation was adopted by the Oklahoma Board of Health on June 23, 1988, and approved by the Oklahoma Legislature on February 24, 1989. The regulation became effective on March 11, 1989. (i) Incorporation by reference. (A) Revisions to Oklahoma Air Pollution Control Regulation 1.5 “Excess Emission and Malfunction Reporting Requirements”, OAPCR 1.5 title change, §1.5(a)(1), §1.5(b)(1)(B), §1.5(b)(1)(E), §1.5(c), title, §1.5(c)(1), §1.5(e)(1), and §1.5(e)(2), as adopted by the Oklahoma Board of Health on June 23, 1988, and approved by the Oklahoma Legislature on February 24, 1989. (38) On August 22, 1989, the Governor submitted Oklahoma's Committal SIP for the Group II area of Lawton, Oklahoma. In addition, the submittal included the State's Group III SIP for the remainder of the State and amendments to the Oklahoma Air Pollution Control Regulations 1.1, 1.2, 1.4.4, and 1.4.5, and amendments to Chapter 6 “Emergency Episode Control Plan for the State of Oklahoma”. (i) Incorporation by reference. (A) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 1.1 “Defining Terms Used in Oklahoma Air Pollution Control Regulations” §1.1(b)(97), §1.1(b)(98), §1.1(b)(99) and §1.1(b)(145), as adopted October 11, 1989, by the Oklahoma State Board of Health and effective May 25, 1990. Amendments to OAPCR 1.1, §1.1(b)(127), and §1.1(b)(128), as adopted March 23, 1989, by the Oklahoma State Board of Health and effective June 11, 1989. (B) Amendments to OAPCR 1.2 “Oklahoma Air Quality Standards and Increments” Table 1.2(1), as adopted January 28, 1988, by the Oklahoma State Board of Health and effective June 21, 1988. (C) Amendments to OAPCR 1.4.4 “Major Sources—Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas” §1.4.4(b)(22)(A), §1.4.4(d)(4), §1.4.4(d)(9), §1.4.4(d)(10), §1.4.4(d)(11), and §1.4.4(d)(12), as adopted March 23, 1989, by the Oklahoma State Board of Health and effective June 11, 1989. (D) Amendments to OAPCR 1.4.5. “Major Sources—Nonattainment Areas” §1.4.5(b)(18), and §1.4.5(c)(1)(C), as adopted March 23, 1989, by the Oklahoma State Board of Health and effective June 11, 1989. (39) On February 20, 1985, the Governor of Oklahoma, submitted a SIP revision designed to achieve the ozone standard in Tulsa County. Supplemental information was submitted on August 23, 1985, January 21, June 2, September 2, and December 22, 1986. The anti-tampering regulation was submitted to EPA by the Governor on October 8, 1985. On March 31, 1986, the Governor of Oklahoma submitted one new regulation. On May 8, 1989, the Governor of Oklahoma submitted one revised regulation. On March 9, 1990, the Governor of Oklahoma submitted four new regulations and several miscellaneous changes to the existing SIP approved regulations in Tulsa County. EPA is approving one regulation (OAPCR 3.7.5–4(f) “Petroleum (Solvent) Dry Cleaning”) under part A, section 110 of the Clean Air Act. This regulation does not represent RACT under part D, section 172 of the Clean Air Act. (i) Incorporation by reference. (A) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 “Control of Emissions of Organic Materials” §3.7.5–4(f) as adopted by the Oklahoma State Board of Health on February 7, 1985, and effective July 1, 1986. (B) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 “Control of Emissions of Organic Materials” §3.7.5–4(f), §3.7.5–4(f)(1)(A), §3.7.5–4(f)(1)(B)(vi), §3.7.5–4(f)(1)(B)(vii), §3.7.5–4(f)(2)(B), §3.7.5–4(f)(3)(A)(iv), §3.7.5–4(f)(3)(B), §3.7.5–4(f)(4), §3.7.5–4(f)(4)(A), §3.7.5–4(f)(4)(A)(i), §3.7.5–4(f)(4)(A)(ii), §3.7.5–4(f)(4)(A)(iii), §3.7.5–4(f)(5), and §3.7.5–4(f)(5)(A) as amended by the Oklahoma State Board of Health on January 29, 1987, and effective January 29, 1987. (C) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 “Control of Emissions of Organic Materials” §3.7.5–1(a), §3.7.5–2(a)(2)(A), §3.7.5–4(b), §3.7.5–4(e)(2)(A), §3.7.5–4(f)(1)(A), §3.7.5–4(f)(2)(A), §3.7.5–4(f)(2)(B), and §3.7.5–4(i) as amended by the Oklahoma State Board of Health on March 23, 1989, and effective June 11, 1990. (D) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 “Control of Emissions of Organic Materials” §3.7.1(b)(10), §3.7.1(b)(11), §3.7.1(b)(12), §3.7.1(b)(13), §3.7.1(b)(14), §3.7.5–2(a)(1)(B)(i), §3.7.5–2(a)(2), §3.7.5–2(a)(3)(A)(iv), §3.7.5–2(a)(3)(A)(v), §3.7.5–2(a)(4)(A)(ii), §3.7.5–2(a)(5)(A), §3.7.5–2(a)(6)(A)(i), §3.7.5–2(a)(6)(A)(iii), §3.7.5–2(a)(6)(B), §3.7.5–2(a)(8)(A)(i), §3.7.5–2(a)(9), §3.7.5–2(b)(1), §3.7.5–2(b)(2), §3.7.5–2(b)(2)(A)(i), §3.7.5–2(c)(1), §3.7.5–2(c)(1)(A), §3.7.5–2(c)(1)(B), §3.7.5–2(c)(2), §3.7.5–2(c)(3), §3.7.5–2(c)(4), §3.7.5–3(a)(2)(B), §3.7.5–3(a)(3)(B)(i), §3.7.5–4(b)(1)(A)(i), §3.7.5–4(b)(1)(A)(ii), §3.7.5–4(b)(1)(A)(iii), §3.7.5–4(b)(3)(F), §3.7.5–4(c)(1)(A), §3.7.5–4(c)(1)(A)(ii), §3.7.5–4(c)(1)(D), §3.7.5–4(c)(1)(E), §3.7.5–4(c)(2)(A)(i), §3.7.5–4(c)(2)(A)(ii), §3.7.5–4(c)(2)(A)(iii), §3.7.5–4(c)(2)(A)(iii)(a), §3.7.5–4(c)(2)(A)(iii)(d), §3.7.5–4(c)(2)(C), §3.7.5–4(c)(3), §3.7.5–4(c)(3)(A), §3.7.5–4(c)(3)(A)(i), §3.7.5–4(c)(3) (B) through (C) added, §3.7.5–4(c)(4), §3.7.(d)(5)(A), §3.7.5–4(f)(1)(A), new §3.7.5–4(g), §3.7.5–4(i)(1)(B), §3.7.5–4(i)(1)(B)(iii), §3.7.5–4(i)(1)(B)(iv), §3.7.5–4(i)(1)(D), §3.7.5–4(i)(1)(E), and §3.7.5–4(i)(2)(G), as amended/adopted by the Oklahoma State Board of Health on October 11, 1989, and effective May 25, 1990. (E) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 “Control of Emissions of Organic Materials” §3.7.5–2(a)(1)(A), §3.7.5–2(a)(1)(B), §3.7.5–2(a)(1)(B)(i), §3.7.5–2(a)(1)(B)(vii), §3.7.5–2(a)(6)(A)(i), §3.7.5–2(c)(3)(B), §3.7.5–2(c)(4), §3.7.5–4(g)(6), §3.7.5–4(g)(11), §3.7.5–4(i)(1)(D), §3.7.5–4(i)(1)(E), §3.7.5–4(i)(1)(F), §3.7.5–4(i)(1)(G), and new §3.7.5–4(j) as amended/ adopted by the Oklahoma State Board of Health on February 8, 1990, and effective May 25, 1990. (F) Oklahoma Official Motor Vehicle Inspection Rules and Regulations Manual adopted December 5, 1985, and effective January 1, 1986. (G) 47 O.S. SUPP. 856.1 et seq. adopted May 24, 1984, and effective May 24, 1984. (H) OP. Oklahoma Attorney General number 84–174 (December 12, 1984). (I) February 20, 1985, plan commitments for Tulsa County, including transportation control measures, page 8, and Reasonable Further Progress schedules and reporting commitments, pages 10 and 11, dated June 3, 1986. (J) Title 37, chapter 4, section 167, Tulsa City Ordinance number 16466 as approved and effective October 15, 1985, by the City of Tulsa. (K) An October 17, 1989, commitment letter, to develop and incorporate test methods into OAPCR 3.7 for determining the capture efficiency of control devices associated with coating operations. (L) A January 16, 1990, commitment letter stating that the DPS will annually conduct unannounced visits to 10 percent of the Tulsa inspection stations. (M) A September 28, 1990, Memorandum of Understanding. (N) An October 12, 1990, letter to report semiannually to EPA, information relating to the effectiveness and enforcement of the I/M program. (ii) Additional material. (A) February 20, 1985, narrative plan revision designed to achieve the ozone standard in Tulsa County, including control strategy, modeling analysis, transportation control plan and measures, I/M program description, and negative declarations. (B) A written interpretation by the DPS dated June 26, 1987, of the term “proper replacement” in §856.1(C) of the Oklahoma statutes to mean “original equipment manufacturer (OEM) or equivalent”. (40) On October 17, 1985, the Governor of Oklahoma submitted a SIP revision designed to achieve the carbon monoxide standard in Oklahoma County. Supplemental information was submitted on January 29, 1986, November 7, 1986, October 12, 1990, and October 15, 1990. The anti-tampering regulation was submitted to EPA by the Governor on October 8, 1985. (i) Incorporation by reference. (A) Oklahoma Official Motor Vehicle Inspection Rules and Regulations Manual adopted December 5, 1985, and effective January 1, 1986. (B) 47 O.S. SUPP. Section 856.1 et seq. adopted May 24, 1984, and effective May 24, 1984. (C) OP. Oklahoma Attorney General number 84–174 (December 12, 1984). (D) October 17, 1985, plan reporting commitments for Oklahoma County Reasonable Further Progress schedule, page 6. (E) The City of Oklahoma City Ordinance No. 12,575, as passed by the Council of the City of Oklahoma City on March 31, 1970, and approved by the Mayor on March 31, 1970. (ii) Additional material. (A) A February 7, 1991, commitment letter stating that the DPS will annually conduct unannounced visits at 10 percent of the Oklahoma County inspection stations. (B) An October 12, 1990, letter committing to report semiannually to EPA, information relating to the effectiveness and enforcement of the I/M program. (41) On November 14, 1990, the Governor submitted revisions to Oklahoma Air Pollution Control Regulation (Regulation) 1.1 “Defining Terms Used in Oklahoma Air Pollution Control Regulations”, Regulation 1.2 “Oklahoma Air Quality Standards and Increments”, and Regulation 1.4 “Permits”. These regulations were adopted by the Oklahoma Air Quality Council on April 3, 1990, and by the Oklahoma Board of Health on April 12, 1990. These regulations became effective when they were signed by the Governor as emergency rules on June 4, 1990. (i) Incorporation by reference. (A) Revisions to Oklahoma Air Pollution Control Regulation 1.1, Regulation 1.2, and Regulation 1.4, as adopted by the Oklahoma Air Quality Council on April 3, 1990, by the Oklahoma Board of Health on April 12, 1990, and became effective on June 4, 1990: Oklahoma Air Pollution Control Regulations 1.1(b)(13), 1.1(b)(14), 1.1(b)(15), 1.1(b)(16), 1.1(b)(82)(D), 1.2—Table 1.2(2), 1.4.1(a)(1), 1.4.1(b)(3)(B), 1.4.1(b)(3)(C), 1.4.2(a)(2)(ii), 1.4.2(c), 1.4.2(h)(2), 1.4.4(b)(3)(D), 1.4.4(b)(13), 1.4.4(b)(14), 1.4.4(b)(15) and 1.4.4(d)(12), 1.4.4(d)(13)(C). (ii) Additional material. (A) April 23, 1991, letter from Mr. John Drake, Chief, Air Quality Service, Oklahoma State Department of Health, to Mr. A. Stanley Meiburg, Director, Air, Pesticides & Toxics Division, EPA, Region 6. (42) On November 7, 1989, the Governor of Oklahoma submitted a revision to the SIP consisting of a construction permit, number 88–116–C, for a cogeneration unit and an operating permit, number 88–117–O, for a sulfur recovery unit. The revision involves a sulfur dioxide emissions trade for the Conoco, Incorporated, Ponca City Refinery. (i) Incorporation by reference. (A) Permit number 88–116–C, as adopted by the Oklahoma State Department of Health (OSDH) on May 23, 1989. (B) Permit number 88–117–O, as adopted by the Oklahoma State Department of Health (OSDH) on June 22, 1990. (ii) Additional material. (A) The document issued by Conoco Ponca City Refinery, titled, “Level II Modeling Analysis in Support of Alternate Emissions Reduction Permit for Sulfur Recovery Plant” dated April 1990. (B) The document issued by Conoco Ponca City Refinery, titled, “Level III Remodeling for an SO2 Bubble Trade” dated June 3, 1991 (revised July 8, 1991). (43) A revision to the Oklahoma SIP to include revisions to Oklahoma Title 310, Chapter 200, Subchapter 31, entitled Control of Emissions of Sulfur Compounds. (i) Incorporation by reference. (A) Revisions to Oklahoma Title 310, Chapter 200, Subchapter 31, entitled Control of Emissions of Sulfur Compounds, Part 1. “General Provisions,” Section 310:200–31–2, “Definitions;” Section 310:200–31–3, “Performance testing;” Part 3. “Existing Equipment Standards,” Section 310:200–31–12, “Sulfur oxides;” Section 310:200–31–13, “Sulfuric acid mist;” Section 310:200–31–14, “Hydrogen sulfide;” Section 310:200–31–15, “Total reduced sulfur;” Part 5. “New Equipment Standards,” Section 310:200–31–25, “Sulfur oxides;” and Section 310:200–31–26, “Hydrogen sulfide,” as adopted by the Oklahoma State Board of Health on March 24, 1993, and effective June 1, 1993. (44) A revision to the Oklahoma SIP to include Oklahoma Administrative Code, Chapter 310:200, Subchapter 23, entitled, “Control of Emissions From Cotton Gins,” submitted by the Governor on May 16, 1994. (i) Incorporation by reference. (A) Addition of Oklahoma Administrative Code, Chapter 310:200, Subchapter 23, entitled, “Control of Emissions From Cotton Gins,” as adopted by the Oklahoma Air Quality Council on April 30, 1992, and effective June 1, 1993. (ii) Additional material—None. (45) The State is required to implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program as specified in the plan revision submitted by the Governor on November 19, 1992. This plan submittal, as adopted by the Oklahoma Air Quality Council on October 13, 1992, was developed in accordance with section 507 of the Clean Air Act. (i) Incorporation by reference. (A) Enrolled House Bill No. 2251 (Oklahoma Clean Air Act of 1992), signed into law by the Governor on May 15, 1992, and effective upon signature. Included in this Act are provisions establishing a small business stationary source compliance assistance program; creating the State Ombudsman Office for small business; establishing Ombudsman duties; creating a Compliance Advisory Panel; establishing membership of Panel; and establishing Panel duties. (B) Enrolled House Bill No. 2227 (Oklahoma Environmental Quality Act), signed into law by the Governor on June 12, 1992, and effective upon signature, authorizing the creation of the Oklahoma Department of Environmental Quality (ODEQ). (ii) Additional material. (A) Revision entitled, “The Oklahoma Small Business Stationary Source Assistance Program, Chapter 11 of the State Implementation Plan, October 13, 1992.” (46) A revision to the Oklahoma SIP to include revisions to Oklahoma Department of Public Safety regulation Title 595, Chapter 20, Subchapter 3—Emission and Mechanical Inspection of Vehicles, Subchapter 7—Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/Motorcycle, Subchapter 9—Class AE Inspection Station, Vehicle Emission Anti-tampering Inspection and Subchapter 11—Annual Motor Vehicle Inspection and Emission Anti-Tampering Inspection Records and Reports, adopted by the State on April 6, 1994, effective May 26, 1994 and submitted by the Governor on May 16, 1994. (i) Incorporation by reference. (A) Revisions to Oklahoma Department of Public Safety regulation Title 595, Chapter 20: 3–1(2); 3–3; 3–5; 3–6; 3–12; 3–25; 3–26; 3–27; 3–41(o); 3–42; 3–46(a) and (b); 3–61(a),(b),(e) and (f); 3–63(b) and (g); 7–1(c) and (f); 7–2(a); 7–3; 7–4(a); 7–5(a); 7–6(a); 7–7(a); 9–1(a); 9–3(l) and (m); 9–7; 9–10(a),(b) and (c); 9–11(a); 9–12(a); 9–13(a); 9–14(a) and (b); 9–15(a); 11–1; 11–2(a); 11–3(a); 11–4 effective May 26, 1994. (ii) Additional material. (A) State SIP revision entitled, “Oklahoma Vehicle Anti-Tampering Program SIP Revision,” which includes a completeness determination, SIP narrative, hearing records and other documentation relevant to the development of this SIP. (47) A revision to the Oklahoma SIP to include revisions to Oklahoma Air Pollution Control Regulation 3.7—Control of Emissions of Organic Materials, adopted by the State on October 2, 1990, effective May 11, 1991 and submitted by the Governor on May 16, 1994. (i) Incorporation by reference. (A) Revisions to Oklahoma Air Pollution Control Regulations 3.7, Sections 3.7.5–4(g)(7)(A)(i)(b), 3.7.5–4(g)(9)(A), 3.7.5–4(i)(3)(B)(1), and 3.7.5–4(i)(3)(B)(3) effective May 11, 1991. (ii) Additional material. (A) State SIP revision entitled, “Oklahoma Alternative Standards SIP Revision,” which includes a completeness determination, SIP narrative, hearing records and other documentation relevant to the development of this SIP. (48) Revisions to Oklahoma Department of Environmental Quality (ODEQ) regulations in the Oklahoma SIP adopted by the Oklahoma Legislature on March 30, 1994, effective May 26, 1994, and submitted by the Governor on May 16, 1994. (i) Incorporation by reference. (A) Oklahoma Register, May 16, 1994, pages 2031 and 2032, approving the transfer of the Oklahoma Air Quality Control Rules into Title 252, Chapter 100, of the Oklahoma Administrative Code. (B) Oklahoma Administrative Code, Title 252, Chapter 100 (OAC:252:100), Oklahoma Air Quality Control Rules, adopted by the Oklahoma Legislature on March 30, 1994, effective May 26, 1994. (1) Subchapter 1, General Provisions. (2) Subchapter 3, Air Quality Standards and Increments. (3) Subchapter 5, Registration of Air Contaminant Sources. (4) Subchapter 9, Excess Emissions and Reporting Requirements. (5) Subchapter 13, Prohibition of Open Burning. (6) Subchapter 15, Motor Vehicle Pollution Control Devices. (7) Subchapter 17, Incinerators. (8) Subchapter 19, Particulate Matter Emissions from Fuel-Burning Equipment. (9) Subchapter 23, Control of Emissions from Cotton Gins. (10) Subchapter 25, Smoke, Visible Emissions and Particulates. (11) Subchapter 27, Particulate Matter Emissions from Industrial and Other Processes and Operations. (12) Subchapter 29, Control of Fugitive Dust. (13) Subchapter 31, Control of Emission of Sulfur Compounds. (14) Subchapter 33, Control of Emission of Nitrogen Oxides. (15) Subchapter 35, Control of Emission of Carbon Monoxide. (16) Subchapter 37, Control of Emissions of Organic Materials. (17) Subchapter 39, Control of Emission of Organic Materials in Nonattainment Areas (18) Subchapter 43, Sampling and Testing Methods. (19) Subchapter 45, Monitoring of Emissions. (20) Appendix A, Allowable Emissions for Incinerators with Capacities in Excess of 100 lbs/hr. (21) Appendix B, Allowable Emissions for Incinerators with Capacities Less Than 100 lbs/hr. (22) Appendix C, Particulate Matter Emission Limits for Fuel-Burning Equipment. (23) Appendix E, Primary Ambient Air Quality Standards. (24) Appendix F, Secondary Ambient Air Quality Standards. (25) Appendix G, Allowable Rate of Emissions. (ii) The following previously approved ODEQ regulations remain in the Oklahoma SIP: (A) Regulation 1.4, “Air Resources Management Permits Required,” as approved by EPA on: August 25, 1983 (48 FR 38636), at 52.1920(c)(26); April 2, 1984 (49 FR 13039), at 52.1920(c)(29); July 27, 1984 (49 FR 30185), at 52.1920(c)(31); August 20, 1990 (55 FR 33907), at 52.1920(c)(34); February 12, 1991 (56 FR 5655), at 52.1920(c)(38); and July 23, 1991 (56 FR 33717), at 52.1920(c)(41). (B) Regulation 3.8, “Control of Emission of Hazardous Air Contaminants,” approved by EPA on August 15, 1983 (48 FR 36819), at 52.1920(c)(27). (iii) Additional materials—None. (49) Oklahoma visibility protection plan submitted by the Governor of Oklahoma on June 18, 1990. (i) Incorporation by reference. Oklahoma Air Pollution Control Regulations, Sections 1.4.4(f)(2), 1.4.4(f)(7), 1.4.4(f)(11), and 1.4.4(g), as amended by the Oklahoma State Department of Health on July 9, 1987, effective August 10, 1987. (ii) Additional information. “Oklahoma Visibility Protection Plan,” submitted by the Governor of Oklahoma on June 18, 1990. [37 FR 10887, May 31, 1972. Redesignated and amended at 65 FR 47328, Aug. 2, 2000] Editorial Note: For Federal Register citations affecting §52.1960, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart MM—Oregon top § 52.1970 Identification of plan. top Link to an amendment published at 71 FR 14399, Mar. 22, 2006. Link to an amendment published at 71 FR 14405, Mar. 22, 2006. (a) Title of plan: “State of Oregon Clean Air Act Implementation Plan.” (b) The plan was officially submitted on January 25, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Amendments to the implementation plan including ORS chapters 449, 192, and 340 submitted on May 3, 1972, by the Governor. (2) Transportation control strategy for oxidants and carbon monoxide in the Oregon portion of the Portland Interstate Region submitted on October 26, 1972, by the Governor. (3) Compliance schedules submitted on February 9, 1973, by the Department of Environmental Quality. (4) Revision to the transportation control plan submitted on April 13, 1973, by the Governor. (5) Compliance schedules submitted on May 30, 1973, by the Department of Environmental Quality. (6) Compliance schedules submitted on June 8, 1973, by the Department of Environmental Quality. (7) Compliance schedules submitted on June 22, 1973, by the Department of Environmental Quality. (8) Compliance schedules submitted on June 25, 1973, by the Department of Environmental Quality. (9) Compliance schedules submitted on July 31, 1973, by the Department of Environmental Quality. (10) Compliance schedules submitted on August 3, 1973, by the Department of Environmental Quality. (11) Request for an extension to May 31, 1976, of the attainment date for carbon monoxide and photochemical oxidants and miscellaneous additions (Nonregulatory) to the transportation control plan submitted on September 21, 1973, by the Governor. (12) Miscellaneous additions (Nonregulatory) to the transportation control plan submitted on August 20, 1973, by the Department of Environmental Quality. (13) Plan for maintenance of the national standards submitted on August 27, 1973, by the Department of Environmental Quality. (14) Revision to Oregon Administrative Rules (OAR) Chapter 340, sections 25–105 through 25–130,—Hot Mix Asphalt Plans and sections 25–155 through 25–195 Kraft Pulp Mills submitted on February 8, 1973, by the Department of Environmental Quality. (15) Change to regulations for the Lane Regional Air Pollution Authority submitted on February 13, 1973, by the Department of Environmental Quality. (16) Special air pollution control rules for Clackamas, Columbia, Multnomah and Washington Counties and certification of the dissolution of regulations for the Columbia-Willamette Air Pollution Authority submitted on January 17, 1974, by the Department of Environmental Quality. (17) Revision to Oregon Administrative Rules (OAR) Chapter 340, sections 12–030 through 12–055 Civil Penalties submitted on February 19, 1975, by the Department of Environmental Quality. (18) Oregon Revised Statute 468.095 for public availability of emission data submitted on August 1, 1975, by the Department of Environmental Quality. (19) Indirect Source Regulation (OAR, Chapter 340 sections 20–100 through 20–135) submitted on July 24, 1975, by the Department of Environmental Quality. (20) Indirect Source Regulation (Title 20—Indirect Sources), of the Lane Regional Air Pollution Authority Rules and Regulations, submitted November 18, 1975 by the Department of Environmental Quality. (21) Air Contaminant Discharge Permits (Oregon Administrative Rules 340–20–140 through 340–20–185) submitted February 17, 1976. (22) Lane Regional Air Pollution Authority Regulation, Title 22—Permits, submitted June 7, 1976. (23) Oregon Revised Statutes sections 468.450 through 468.485 submitted on August 1, 1975, by the Department of Environmental Quality. (24) Oregon Administrative Rules (OAR) Chapter 340, sections 26–005 through 26–025, submitted on February 17, 1976, by the Department of Environmental Quality. (25) Request for an extension to May 31, 1978, of the attainment date for particulate matter national secondary ambient air quality standards in the Eugene/Springfield Air Quality Maintenance Area. (26) Revision to the field burning regulations submitted on June 28, 1979; September 13, 1979, October 10, 1979; and March 11, 1980, by the Department of Environmental Quality. (27) On June 20 and 29, 1979, the Governor submitted: (i) Carbon monoxide (CO) and ozone (O3) attainment plans for the Oregon portion of the Portland-Vancouver AQMA, Salem, and Medford-Ashland AQMA, and (ii) a carbon monoxide (CO) attainment plan for the Eugene-Springfield AQMA. (28) On June 20, 1979, the Governor requested an extension beyond 1982 for the attainment of carbon monoxide (CO) in Portland, Eugene-Springfield and Medford. (29) On June 29, 1979, the Governor requested an extension beyond 1982 for the attainment of ozone (O3) in Portland. (30) On February 14, 1980, the State Department of Environmental Quality submitted its official response to EPA's proposed SIP actions which were published in the Federal Register on January 21, 1980 (45 FR 3929). (31) On May 6, 1980, the State Department of Environmental Quality submitted recodified portions of Oregon Revised Statutes (ORS) 449 which authorize Oregon's automobile inspection/maintenance program. This submittal, requested by EPA, included chapters ORS 468.360 through 468.420, 481.190, 481.200, 483.800, 483.820, and 483.825. (32) Revisions to the program for controlling the open burning of grass seed fields submitted on April 22, 1980, by the Department of Environmental Quality. (33) Oregon Administrative Rules (OAR) Chapter 340, sections 24–300 through 24–350 for the vehicle inspection and maintenance program, submitted on July 26, 1980, by the Oregon Department of Environmental Quality. (34) On December 27, 1979, the State of Oregon Department of Environmental Quality submitted a plan revision to meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart C §58.20. (35) On December 31, 1980, the State Department of Environmental Quality submitted an Oregon Air Containment Discharge Permit No. 36–6041 Addendum No. 1 issued to Spaulding Pulp and Paper Company on December 11, 1980; Oregon Air Discharge Containment Discharge Permit No. 26–3025, issued to Industrial Laundry Dry Cleaners, Inc., on December 1980 and Oregon Environmental Quality Commission Stipulation and Consent Final Order concerning Vanply, Inc., dated December 30, 1980. (36) On September 8, October 16, December 5, December 19, 1980, May 29, 1981 and September 9, 1981, DEQ submitted revisions to the SIP designed to satisfy the conditions of approval published by EPA on June 24, 1980 (45 FR 42265). (37) Specific air pollution control rules for the Medford AQMA (OAR 340–30–005 through 340–30–070) submitted by the Department of Environmental Quality on May 26, 1978, and revisions submitted by the Department of Environmental Quality on February 14, 1980 (OAR–340–010 and 340–30–020), October 29, 1980 (OAR 340–30–016, 340–30–035 and 340–30–045), May 22, 1981 (OAR 340–30–010, 340–30–030 and 340–30–045) and September 9, 1981 (OAR 340–30–060). (38) Revisions to the Lane Regional Air Pollution Authority rules submitted by the Department of Environmental Quality on March 14, 1977 (Title 22, Sections 010 and 020 and Table A), June 29, 1979 (Title 11, Section 015; Title 12, Sections 005 and 010; Title 13; Title 20, Sections 110, 115, 120, 125, 129 and 130; Title 21, Sections 010 and 030; Title 32, Sections 005 and 010; Title 33, Sections 005, 010, 015 and 065; Title 36; Title 42; Title 43; Title 44; and Title 45), November 6, 1979 (Title 22,Section 020 and Table A), and January 30, 1980 (Title 36). (39) Conditions 5 and 6 of the Air Contaminant Discharge Permit for the Weyerhaeuser Company plant in Bly, Oregon (Permit Number: 18–0037) submitted by the Department of Environmental Quality on March 24, 1981. (40) Condition 4, 5, and 6 of the Air Contaminant Discharge Permit for the Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 06–0007) submitted by the Department of Environmental Quality on March 27, 1981. (41) Revisions to the agricultural open field burning rules (OAR 340–26–005 through 340–26–030) submitted by the Department of Environmental Quality on April 23, 1981, and amended “Smoke Management Program Operational Guidelines” submitted by the Department of Environmental Quality on July 8, 1981. (42) Revisions to the rules for sulfite pulp mills (OAR 340–25–350 through 340–25–390) submitted by the Department of Environmental Quality on June 2, 1980. (43) Revisions to the Air Quality Schedule of Civil Penalties (OAR 340–12–050) submitted by the Department of Environmental Quality on February 14, 1980. (44) Revision to the ambient air quality standard for ozone (OAR 340–31–030) submitted by the Department of Environmental Quality on June 20, 1979. (45) On March 24, 1981, the State Department of Environmental Quality submitted control strategies for the Portland secondary total suspended particulates nonattainment area. (46) On March 23, 1981, the State Department of Environmental Quality submitted control strategies for the Eugene-Springfield secondary total suspended particulates nonattainment area. (47) On October 16, 1980, the State Department of Environmental Quality submitted revisions to the control strategies for the Salem ozone nonattainment area. (48) On August 17, 1981, the State Department of Environmental Quality submitted amendments to the operating rules for the Portland motor vehicle inspection program (OAR 340–24–300 through 350). (49) On March 11, 1982, the State of Oregon Department of Environmental Quality submitted three revisions to the Lane Regional Air Pollution Authority rules. They are: (i) Title 11 Definitions (Section 015.013, Air Conveying Systems), (ii) Title 22 Permits (Section 020, Fees), (iii) Title 32 Emission Standards (Section 800, Air Conveying System). (50) On March 11, 1982, the State of Oregon Department of Environmental Quality submitted a revision to their State ambient air quality standard for ozone (from 0.08 ppm to 0.12 ppm. (51) Amendments to the Air Contaminant Discharge Permit Rules submitted by the State Department of Environmental Quality on February 15, 1977 (OAR 340–20–140 through 185), July 24, 1979 (OAR 340–20–155 Table A, 165, 175 and 180) and May 22, 1981 (OAR 340–20–155 Table A). (52) Prevention of Significant Deterioration Rules (OAR 340–31–100, 105 subsections (12), (15) and (16), 110, 115, 120 and 130) submitted by the State Department of Environmental Quality on June 20, 1979, and September 9, 1981. (53) New Source Review Rules (OAR 340–20–220 to 275, except Section 225 subsections 7 and 11), except to the extent that they apply to marine vessel emissions, submitted by the State Department of Environmental Quality on September 9, 1981, and deletion of Special Permit Requirements for Sources Locating In or Near Nonattainment Areas (OAR 340–20–190 through 195). (54) Plant Site Emission Limit Rules (OAR 340–20–300 through 320) submitted by the State Department of Environmental Quality on September 9, 1981, and deletion of the Plant Site Emission Limit Rules (OAR 340–20–196 and 197). (55) On July 20, 1982, the State of Oregon Department of Environmental Quality submitted: (i) Carbon monoxide (CO) and ozone (O3) attainment plans for Portland which build upon those plans submitted in June 1979 and (ii) a request to extend the Portland CO and O3 attainment dates to December 31, 1985, and December 31, 1987, respectively. (56) On August 9, 1982, the State of Oregon Department of Environmental Quality submitted a revision to remove the Mid-Willamette Valley Air Pollution Authority Regulations from the Oregon state implementation plan. (57) Amendments to the rules for primary aluminum plants submitted by the Oregon State Department of Environmental Quality on February 21, 1974 (OAR 340–25–255 to 290), February 14, 1980 (OAR 340–25–265(4)(b) and 265(5)) and August 9, 1982 (OAR 340–25–255 to 285). (58) Amendments to the rules for equipment burning salt laden wood waste from logs stored in salt water (OAR 340–21–020) and removal of Conditions 4, 5, and 6 of the Air Contaminant Discharge Permit for the Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 06–0007) submitted by the Oregon State Department of Environmental Quality on October 18, 1982. (59) On August 16, 1982, the State of Oregon Department of Environmental Quality submitted a revision to OAR 340–24–300 to 24–350 (Vehicle Inspection Program Rules). (60) On January 24, 1983, the State of Oregon Department of Environmental Quality submitted a revision to add a lead strategy to the Oregon Implementation Plan and revise the State lead ambient air quality standard to agree with the Federal standard. (61) On December 13, 1982, the State of Oregon Department of Environmental Quality submitted two revisions to the Lane Regional Air Pollution Authority rules. The revisions are: (1) Title 32, Emission Standards (Section 800, Air Conveying Systems)—revision to compliance date and (2) Title 33, Prohibited Practices and Control of Special Classes (Section 070, Kraft Pulp Mills)—new rules. (62) Title 22 “PERMITS” of the Lane Regional Air Pollution Authority Rules, except to the extent that they apply to marine vessel emissions and except the definitions of “dispersion technique” and “good engineering practice stack height”, and Title 32 “EMISSION STANDARDS” Sections 32–100 through 32–104 of the Lane Regional Authority Rules, submitted by the State Department of Environmental Quality on March 2, 1983; clarifying letter dated June 20, 1984. (63) On May 6, 1983, the Oregon Department of Environmental Quality submitted revisions to its rules as follows: (A) Revisions to the “New Source Review” rule consisting of an amended section OAR 340–20–225, specifically, the deletion of the definitions of “Dispersion Technique” (OAR 340–20–225(7)) and “Good Engineering Practice Stack Height” (OAR 340–20–225(11)), the renumbering of OAR 340–20–225, the revision of the definition of “Nonattainment Area” (OAR 340–20–225(14)), and changes to numerous references to coincide with the new numbering; the deletion of subsection OAR 340–20–240(7) “Growth Increments” and the addition of a new section OAR 340–20–241 “Growth Increments;” an amended section OAR 340–20–245, specifically, revised subsections OAR 340–20–245(2)(c) and OAR 340–20–245(4), and changes to numerous references to coincide with the new numbering of the definitions in OAR 340–20–225; and amendment to subsection )AR 340–20–260(2); a revised reference in OAR 340–20–265(6) to coincide with the new numbering of a definition; and the deletion of section OAR 340–20–275 “Stack Heights”. (B) The addition of a new “Stack Heights and Dispersion Techniques” rule (OAR 340–20–340 and 345); (C) Revisions to the “Portable Hot Mix Asphalt Plants” rule (OAR 340–25–120; and (D) The deletion of OAR 340–22–108 “Applicability of Alternative Control Systems.” (64) Amendments to the fees in the “Air Contaminant Discharge Permit” rule (OAR 340–20–155 Table 1 and OAR 340–20–165) submitted by the Oregon Department of Environmental Quality on June 3, 1983. (65) On October 26, 1983, and December 14, 1983, the State of Oregon Department of Environmental Quality submitted four separate revisions to their plan. On October 26, 1983, the State submitted a revised air emergency episode plan (OAR 340–27–005 through 340–27–030 (effective October 7, 1983), revisions to gasoline marketing rules for the Medford-Ashland ozone nonattainment area (OAR 340–22–110(1)(a), effective October 7, 1983, and a revised ozone ambient air quality standard for the Lane Regional Air Pollution Authority (Section 31–035 Ozone, effective July 12, 1983). On December 14, 1983, the State submitted revisions to the automobile inspection and maintenance program for Portland (OAR 340–24–306 through 340-24–350, effective November 18, 1983). EPA is also approving OAR 340–27–035 which requires an “operation and maintenance manual” for administering the provisions of the Emergency Episode Plan (effective October 7, 1983). (66) On October 20, 1982, the State of Oregon Department of Environmental Quality submitted a revision to the Medford, Oregon, Carbon Monoxide Attainment Plan which is contained in the Oregon State Implementation Plan. This plan builds upon the plan submitted in June 1979. (67) On April 25, 1983, the State Department of Environmental Quality submitted Section 4.10, “Medford-Ashland Air Quality Maintenance Area State Implementation Plan for Particulate Matter.” (68) Amendments to the Open Burning Rules (OAR 340–23–022 through 115), submitted by the State Department of Environmental Quality on June 5, 1984. (69) Amendments to the Refuse Burning Equipment Limitations rules, specifically OAR 340–21–005 (1) and (4), OAR 340–21–025(2)(b), and OAR 340–21–027, were submitted by the State Department of Environmental Quality on January 16, 1984; and amendments to the Open Field Burning rules, specifically, the addition of new sections 340–21–001, 340–26–003, 340–26–031, 340–26–035, 340–26–040 and 340–21–045, revisions to sections 340–26–005, 340–26–013, 340–26–015, 340–26–010 and replacing it with a new section 340–26–010, the deletion of the existing section 340–26–011 and 340–26–020, were submitted by the State Department of Environmental Quality on March 14, 1984. (70) On December 10, 1984, the Oregon Department of Environmental Quality submitted revisions to its Civil Penalty Rules (OAR 340–12) which deleted Sections 005 through 025 and 052 through 068; amended Sections 030, 040 and 050; and added Sections 070 and 075. Sections 035 and 045 were retained. (71) Revisions to the Oregon State Implementation Plan were submitted by the Director on July 26, 1984, and August 7, 1984. Revisions are woodstove certification program rules (OAR 340–21–100 to 340–21–190), Oregon Revised Statutes 468.630 to 468.655 and amendment to field burning introduction (OAR 340–26–001) and repeal the field burning rules relating to tax credits (OAR 340–26–030). (i) Incorporation by reference: (A) Woodstove certification program rules (OAR 340–21–100 to 340–21–190) as published in the Oregon Administrative Rules, November 1984. (B) The Oregon Revised Statutes 468.630 to 468.655 as signed by the Governor on July 5, 1984. (C) Amendment to the field burning rule introduction (OAR 340–60–001) as adopted by the Oregon Environmental Commission on June 29, 1984. (72) Revisions to the Oregon SIP were submitted by the Director on May 6, 1985. Revisions are: Definitions to the Vehicle Inspection Operating Rules (OAR 340–24–305 (20) and (22)) and the Light Duty Motor Vehicle Emission Control Test Method (OAR 340–24–310 through 350 as amended). (i) Incorporation by reference. (A) Amendments to OAR (340–24–305 (20) and (22)) as adopted by the Environmental Quality Commission on November 2, 1984. (B) Amendments to OAR 340–24–310 through 350 as amended as adopted by the Environmental Quality Commission on April 19, 1985. (73) Amendments to the Lane Regional Air Pollution Authority Rules for Air Conveying Systems (Title 32, section 800) were submitted by the State Department of Environmental Quality on May 6, 1985. (i) Incorporation by reference. (A) Letter of May 6, 1985, to EPA from the Oregon Department of Environmental Quality, and Amendments to Title 32, section 800 of the Lane Regional Air Pollution Authority (LRAPA) as part of the Oregon State Implementation Plan. Revisions were approved at the LRAPA Board of Directors meeting on January 8, 1985, and approved by the Environmental Quality Commission on April 19, 1985. (74) On September 25, 1984, the State of Oregon Department of Environmental Quality submitted an amendment to OAR 340–20–047, specifically Section 5.2 “VISIBILITY PROTECTION PLAN FOR CLASS I AREAS.” On September 25, 1984, October 22, 1985, and March 19, 1986, the State of Oregon Department of Environmental Quality submitted amendments to the “New Source Review” rules, specifically, amendments to OAR 340–20–225, OAR 340–20–230(1)(e) and (f), OAR 340–20–245(5), and OAR 340–20–245(7) (submitted on 9/25/84), amendments to OAR 340–20–245(3) (submitted on 9/25/84 and 10/22/85), OAR 340–20–276 (submitted on 9/25/84), and amendments to OAR 340–20–276(1) (submitted on 10/22/85 and 3/19/86). (i) Incorporation by reference. (A) Letter of September 25, 1984, from the Oregon State Department of Environmental Quality to EPA Region 10. Revisions to the Oregon Administrative Rules, Chapter 340, Division 20, adopted by the Environmental Quality Commission on September 14, 1984, as follows: (1) OAR 340–20–047, Section 5.2 “VISIBILITY PROTECTION PLAN FOR CLASS I AREAS,” except for “Reserved” subsections 5.2.5 “Best Available Retrofit Technology,” 5.2.6 “Integral Vistas,” and 5.2.7 “Control Strategies;” (2) OAR 340–20–225 “Definitions” as amended; (3) OAR 340–20–230 “Procedural Requirements,” subsection (1) “Information Required,” paragraphs (e) and (f) as amended; (4) OAR 340–20–245 “Requirements for Sources in Attainment or Unclassified Areas (Prevention of Significant Deterioration),” subsection (5) “Air Quality Monitoring,” paragraph (a) as amended; (5) OAR 340–20–245 “Requirements for Sources in Attainment or Unclassified Areas (Prevention of Significant Deterioration),” subsection (7) “Sources Impacting Class I areas” as amended. (B) Letter of October 22, 1985, from the Oregon State Department of Environmental Quality to EPA Region 10. Revisions to the Oregon Administrative Rules, Chapter 340, Division 20, adopted by the Environmental Quality Commission on September 27, 1985, as follows: (1) OAR 340–20–245 “Requirements for Sources in Attainment or Unclassified Areas (Prevention of Significant Deterioration),” subsection (3) “Exemption for Sources Not Significantly Impacting Designated Nonattainment Areas,” paragraph (a) as amended. (C) Letter of March 19, 1986, from the Oregon State Department of Environmental Quality to EPA Region 10. Revisions to the Oregon Administrative Rules, Chapter 340, Division 20, adopted by the Environmental Quality Commission on November 22, 1985, as follows: (1) OAR–340–20–276 “Visibility Impact” as amended. (75) A revision to the Oregon State Implementation Plan was submitted by the Director of Department of Environmental Quality (DEQ) on October 9, 1985, and supplemented with technical appendices on February 13, 1986. This revision adds a mandatory vehicle Inspection and Maintenance (I/M) program to the existing Medford Carbon Monoxide plan, modifies the Oregon I/M regulations for underhood inspections by eliminating tampering checks of 1974 and older model vehicles and removes the existing section 110(a)(2)(I) construction moratorium. (i) Incorporation by reference. (A) A letter dated October 9, 1985, from Department of Environmental Quality to EPA Region 10. (B) A letter dated February 13, 1986, from Department of Environmental Quality to EPA Region 10. (C) OAR 340–24–301 (Boundary Designations), OAR 340–24–320 (Light Duty Motor Vehicle Emission Control Test Criteria), and OAR 340–24–325 (Heavy Duty Motor Vehicle Emission Control Test Criteria), which were adopted by the Environmental Quality Commission on September 27, 1985. (D) October 20, 1982 letter to EPA from the Department of Environmental Quality and section 4.9.3.2 (Emission Reduction Necessary for Attainment) of the Control Strategy for Medford-Ashland Air Quality Maintenance Area 1982 State Implementation Plan Revision for Carbon Monoxide as adopted by the Environmental Quality Commission on October 15, 1982. (E) Section 4.9.5.1 (Reasonable Further Progress) of the Control Strategy for Medford-Ashland Air Quality Maintenance Area 1982 State Implementation Plan Revision for Carbon Monoxide as adopted by the Environmental Quality Commission on October 15, 1982. (F) Section 4.9.5.5 (Conformity of Federal Actions) of the Control Strategy for Medford-Ashland Quality Maintenance Area 1982 State Implementation Plan Revision for Carbon Monoxide as adopted by the Enviromental Quality Commission on October 15, 1982. (G) Section 4.9.4 (Control Strategy) of the Control Strategy for Medford-Ashland Air Quality Maintenance Area 1982 State Implementation Plan Revision for the Carbon Monoxide as adopted by the Environmental Quality Commission on October 15, 1982. (76) Revisions to the Oregon State Implementation Plan were submitted by the Director of the Department of Environmental Quality on August 5, 1985. Revisions are: Extension of existing emission standards for veneer dryers (OAR 340–25–315) to include sources located in special problem areas, and the deletion of any references to the implementation of compliance dates which have already passed. (i) Incorporation by reference. (A) Letter of August 5, 1985, from the Department of Environmental Quality to EPA and Amendments to OAR 340–25–315, Veneer and Plywood Operations Rule, as adopted by the Environmental Quality Commission on July 19, 1985. (77) On February 28, 1985, the Director of the Oregon Department of Environmental Quality submitted a request to EPA to redesignate the Medford-Ashland Air Quality Maintenance Area (AQMA) from nonattainment to attainment for the primary O3 standard and a plan to maintain that standard. (i) Incorporation by reference: (A) Letter of February 28, 1985, from Oregon State Department of Environmental Quality to EPA Region 10. (B) Oregon Administrative Rules, Chapter 340, Division 20, Section 4.8 “Medford-Ashland Air Quality Maintenance Area Plan for Maintenance of Ozone Standard,” adopted by the Oregon Environmental Quality Commission on January 25, 1985. (78) On May 30, 1986, the State of Oregon Department of Environmental Quality submitted a new rule, OAR 340–20–037 “Stack Heights and Dispersion Techniques” and requested the deletion of the existing rules, OAR 340–20–340 and 345 “Stack Heights and Dispersion Techniques”. On October 23, 1987, the State of Oregon Department of Environmental Quality submitted a letter indicating how this new rule will be implemented until a definition of the terms “emission limitation” and “emission stan (i) Incorporation by reference. (A) Letter of May 30, 1986, from the Oregon State Department of Environmental Quality to EPA Region 10. Revisions to the Oregon Administrative Rules, Chapter 340, Division 20, Section 037 “Stack Heights and Dispersion Techniques”, adopted by the Environmental Quality Commission on April 25, 1986. (B) Letter of October 23, 1987, from the Oregon State Department of Environmental Quality to EPA Region 10. (79) Revisions to the Oregon State Implementation Plan were submitted by the Director of the Department of Environmental Quality of October 15, 1986. Revisions are: OAR 340–24–330 (Light Duty Motor Vehicle Emission Control Cutpoints or Standards) and OAR 340–24–335 (Heavy Duty Gasoline Motor Vehicle Emission Control Emission Standards). (i) Incorporation by reference. (A) Letter dated October 15, 1986 from the Director of the Department of Environmental Quality to EPA Region 10. (B) OAR 340–24–330 (Light Duty Motor Vehicle Emission Control Cutpoints or Standards) as adopted by the Environmental Quality Commission on September 12, 1986. (C) OAR 340–24–335 (Heavy Duty Gasoline Motor Vehicle Emission Control Emission Standards) as adopted by the Environmental Quality Commission on September 12, 1986. (80) On May 23, 1986, the State of Oregon Department of Environmental Quality submitted a new paragraph (12), of OAR 340–20–165 “Fees”, as a revision to the State Implementation Plan. This paragraph allows regional air pollution authorities to set a permit fee schedule for sources within their jurisdiction. (i) Incorporation by reference. (A) Letter dated May 23, 1986, from the State of Oregon Department of Environmental Quality to EPA Region 10. Oregon Administrative Rule, Chapter 340, Division 20, Section 340–20–165 “Fees”, paragraph (12), adopted by the Environmental Quality Commission on March 14, 1986. (81) Oregon Administrative Rules (OAR) Chapter 340, Division 20, Sections 200 through 215 (Conflict of Interest) submitted by the Director of the Department of Environmental Quality on May 30, 1986. These rules apply only to the Department of Environmental Quality and the Environmental Quality Commission, and not to the Lane Regional Air Pollution Authority and its Board of Directors. (i) Incorporation by reference. (A) Letter dated May 20, 1986, from the State of Oregon Department of Environmental Quality to EPA Region 10. Oregon Administrative Rules, Chapter 340, Division 20, Sections 200, 205, 210, and 215 (Conflict of Interest) which was adopted by the Environmental Quality Commission on April 25, 1986. (82) On November 24, 1986, and supplemented on January 8, 1987, the Director of the Department of Environmental Quality submitted the Grants Pass carbon monoxide control strategy as a revision to the Oregon State Implementation Plan. (i) Incorporation by reference. (A) Letter dated November 24, 1986, from the Director of the Department of Environmental Quality to EPA Region 10. (B) State of Oregon Clean Air Act Implementation Plan Section 4.11 Grants Pass Carbon Monoxide Control Strategy as adopted by the Environmental Quality Commission on October 24, 1986. (ii) Additional information. (A) Letter dated January 8, 1987, from the Director of the Department of Environmental Quality to EPA Region X. (B) Technical appendices for the Grants Pass Carbon Monoxide Control Strategy, Appendix 4.11.1 through 10. (83) On March 3, 1987, the Director of the Department of Environmental Quality submitted amendments to the Oregon visibility protection program as a revisions to the Oregon state implementation plan, specifically OAR 340–20–047, section 5.2 “Visibility Protection Plan for Class I Areas,” OAR 629–43–043 “Smoke Management Plan,” and Directive 1–4–1–601 “Operational Guidance for the Oregon Smoke Management Program.” (i) Incorporation by reference. (A) Two letters dated March 3, 1987, from the Director of the Department of Environmental Quality to EPA Region 10 establishing the effective dates for Oregon Administrative Rules referenced in paragraphs (c)(83)(i) (B), (C), and (D) of this section. (B) Oregon Administrative Rule, Chapter 340, Division 20, section 047, section 5.2 “Visibility Protection Plan for Class I Areas” as adopted by the Environmental Quality Commission on October 24, 1986. (C) Oregon Administrative Rule, Chapter 629, Division 43, section 043 “Smoke Management Plan” as adopted by the Environmental Quality Commission on December 12, 1986. (D) Directive 1–4–1–601 “Operational Guidance for the Oregon Smoke Management Program” as adopted by the Environmental Quality Commission on December 12, 1986. (84) On September 28, 1988, the Director of the Department of Environmental Quality submitted the Lane Regional Air Pollution Authority Section 12-025 “Conflict of Interest,” of Title 12, “Duties and Powers of Board and Director,” adopted as Oregon Administrative Rules, Chapter 340, Division 20, Section 047, as a revision to the State implementation plan. (1) Incorporation by reference. (i) September 28, 1988, letter from the Director of the Department of Environmental Quality to EPA Region 10. (ii) Lane Regional Air Pollution Authority Section 12-025 “Conflict of Interest,” of Title 12, “Duties and Powers of Board and Director,” as adopted as Oregon Administrative Rules, Chapter 340, Division 20, Section 047. This rule was adopted by the Environmental Quality Commission on September 9, 1988. (85) On February 17, 1989, the State of Oregon Department of Environmental Quality submitted amendments to the Procedures for Issuance, Denial, Modification, and Revocation of Permits (OAR 340–14–007, 010, 020 (and 025), Air Contaminant Discharge Permit Notice Policy (OAR 340–20–150), and the New Source Review Procedural Requirements (OAR 340–20–230). (i) Incorporation by reference. (A) February 17, 1989, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (B) Oregon Administrative Rules, Chapter 340, Division 14 (Procedures for Issuance, Denial, Modification, and Revocation of Permits), section –007 (Exceptions); –010 (Definitions) (3); –020 (Application for a Permit) (1), (4)(b), and (5); –025 (Issuance of a Permit) (2), (3), (4), (5), and (6) as adopted by the Environmental Quality Commission on June 10, 1988. (C) Oregon Administrative Rules, Chapter 340, Division 20 (Air Pollution Control, Air Contaminant Discharge Permit), Section –150 (Air Contaminant Discharge Permit Notice Policy) as adopted by the Environmental Quality Commission on June 10, 1988. (D) Oregon Administrative Rules, Chapter 340, Division 20 (Air Pollution Control, New Source Review), Section –230 (Procedural Requirements) (3)(D) as adopted by the Environmental Quality Commission on June 10, 1988. (86) Revisions to the Oregon State Implementation Plan were submitted by the Director of the Department of Environmental Quality on February 24, 1989. The revision is to OAR–340–24–300 through 350 (Vehicle Inspection Program Operating Rules, Test Procedures and Licensed Exhaust Analyzer). (i) Incorporation by reference. (A) Letter dated February 24, 1989, from the Director of the Department of Environmental Quality to EPA Region 10. (B) OAR 340–24–301 [Boundary Designations] (2); OAR 340–24–310 [Light Duty Motor Vehicle Emission Control Test Method] (6); OAR 340–24–320 (Light Duty Motor Vehicle Emission Control Test Criteria) (3)(a) introductory text, (3)(b)(4), (5), and (6)(a); OAR 340–24–325 [Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria] (3)(a) introductory text, (4), and (5); OAR 340–24–330 (Light Duty Motor Vehicle Emission Control Cutpoints or Standards) (3); and OAR 340–24–350 (Gas Analytical System Licensing Criteria) (1)(a)(C), (1)(a)(E), and (1)(c) as adopted by the Environmental Quality Commission on September 9, 1988. (87) On May 30, 1986, the Director of the Department of Environmental Quality submitted revisions to Volume 2 “The Federal Clean Air Act Implementation Plan (and Other State Regulations)” and on July 11, 1986, a revised Section 3 “Statewide Regulatory Provisions” ‘Subsection 3.1 Oregon Administrative Rule—Chapter 340’ (OAR 340–30–015, 030, 031, 040, and 055) as revisions to the Oregon State Implementation Plan. (i) Incorporation by reference. (A) May 30, 1986, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (B) July 11, 1986, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (C) Volume 2 “The Federal Clean Air Act Implementation Plan (and Other State Regulations)” Section 1 (Introduction); Section 2 (General Administration); Section 3 (Statewide Regulatory Provisions) Introduction; Section 4 (Control Strategies for Nonattainment Areas) Introduction; Section 5 (Control Strategies for Attainment and Nonattainment Areas) Introduction and Section 5.2 (Prevention of Significant Deterioration); Section 6 (Ambient Air Quality Monitoring Program); Section 8 (Public Involvement); and Section 9 (Plan Revisions and Reporting), dated January 1986, as adopted by the Environmental Quality Commission on April 25, 1986. (D) Volume 2 “The Federal Clean Air Act Implementation Plan (and Other State Regulations),” Section 3 (Statewide Regulatory Provisions), Subsection 3.1 Oregon Administrative Rule—Chapter 340 (OAR 340–14–005 to 050 [Procedures for Issuance, Denial, Modification, and Revocation of Permits] dated 10–1–89, OAR 340–20–046 [Records; Maintaining and Reporting] effective 10–1–72, OAR 340–20–047 [State of Oregon Clean Air Act Implementation Plan] effective 9–30–85, OAR 340–30–015 [Wood Waste Boilers] effective 10–29–80, and OAR 340–31–105 [Definitions]) effective 9–8–81. (E) Volume 2 “The Federal Clean Air Act Implementation Plan (and Other State Regulations),” Section 3 “(Statewide Regulatory Provisions)”, Subsection 3.1 Oregon Administrative Rule—Chapter 340, Division 30 (Specific Air Pollution Control Rules for the Medford-Ashland Air Quality Maintenance Area), Section 015 (Wood Waste Boilers); Section 030 (Wood Particle Dryers at Particleboard Plants); Section 031 (Hardboard Manufacturing Plants); Section 040 (Charcoal Processing Plants); and Section 055 (Source Testing) as adopted by the Environmental Quality Commission on June 13, 1986. (88) A revision to the Oregon State Implementation Plan was submitted by the Director of the Oregon Department of Environmental Quality on September 14, 1989. The revision OAR–340–22–300 (Standard for Automotive Gasoline) is approved in full with the exception of section 300 (6). EPA only approves the sampling procedures and test methods specified in 40 CFR part 80 and is taking no action on the other test procedures referenced in section 300 (6) specifically the ASTM D#323 method and the California Air Resources rule methods. (i) Incorporation by reference. (A) Letter dated September 14, 1989, from the Director of the Oregon Department of Environmental Quality to EPA Region 10. (B) Oregon Administrative Rule, chapter 340, Division 22 (General Gaseous Emissions), section 300 (standard for Automotive Gasoline) as adopted by the Environmental Quality Commission on June 2, 1989. (89) On January 2, 1991, the Director of the Department of Environmental Quality submitted revisions to State of Oregon's Air Quality Control Plan Volume 2 (the Federal Clean Air Act State Implementation Plan and other State Regulations) as follows: OAR chapter 340, Division 20, Sections 350 to 380 (Excess Emissions). The Department of Environmental Quality also repealed OAR 340–21–070 and OAR 340–21–075 from the state of Oregon's Air Quality Control Plan Volume 2. (i) Incorporation by reference. (A) January 2, 1991, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (B) Oregon Administrative Rules, Chapter 340, Division 20 (General); –350 (Purpose and Applicability); –355 (Definitions); –360 (Planned Startup and Shutdown); –365 (Scheduled Maintenance); –370 (Upsets and Breakdowns); –375 (Reporting Requirements); and –380 (Enforcement Action Criteria) as adopted by the Environmental Quality Commission on may 25, 1990, and were effective on January 2, 1991. (90) On January 14, 1991, the State of Oregon Department of Environmental Quality submitted amendments to the Parking Offsets in the Portland Central business District (OAR–340–20–405 through 340–20–430) in the State of Oregon Air Quality Control Program. (i) Incorporation by reference. (A) Letter dated January 4, 1991, from the Director of the Department of Environmental Quality to EPA Region 10 submitting an amendment to the Oregon Implementation Plan. (B) Oregon Administrative Rules Chapter 340, Division 20 (Air Pollution) Control), section 405 through 430 (Parking Offsets in the Portland Central Business district). These rules were adopted by the Environmental Quality Commission on December 14, 1990. (91) On September 14, 1989, the State of Oregon Department of Environmental Quality submitted an amendment to the rules for Notice of Construction and Approval of Plans (OAR–340–20–030). (i) Incorporation by reference. (A) September 14, 1989, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (B) Oregon Administrative Rules, Chapter 340, Division 20 (Air Pollution Control, Notice of Construction and Approval of Plans) Section –030 (Procedure), (4)(a) as adopted by the Environmental Quality Commission on April 14, 1989. (92) On November 15, 1991, the Director of the Department of Environmental Quality submitted revisions to State of Oregon's Air Quality Control Plan Volume 2 (the Federal Clean Air Act State Implementation Plan and other State Regulations) as follows: Division 34—Residential Woodheating in OAR Chapter 340 which contains OAR 340–34–001 to 34–115 (Oregon Woodstove Certification—previously Division 21–100 to 21–190 of OAR Chapter 340); a new section OAR 340–34–150 to 34–175 (Woodburning Curtailment); and a new section OAR 340–34–200 to 34–215 (Woodstove Removal Contingency Program for PM10 Nonattainment Areas). Also OAR 340–23–030, 043, & 090 (Rules for Open Burning). (i) Incorporation by reference. (A) November 15, 1991, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (B) Oregon Administrative Rules, Chapter 340, Division 34 (Residential Wood Heating), section—001 (Purpose); –005 (Definitions); –010 (Requirements for the Sale of Woodstoves); –015 (Exemptions); –020 (Civil Penalties); –050 (Emission Performance Standards & Certification); –055 (Efficiency Testing Criteria & Procedures); –060 (General Certification Procedures); –065 (Changes in Woodstove Design); –070 (Labelling Requirements); –075 (Removal Label); –080 (Label Approval); –085 (Laboratory Accreditation Requirements); –090 (Accreditation Criteria); –095 (Application for Laboratory Efficiency Accreditation); –100 (On-Site Laboratory Inspection and Stove Testing Proficiency Demonstration); –105 (Accreditation Application Deficiency, Notification and Resolution); –110 (Final Department Administrative Review and Certificate of Accreditation); –115 (Revocation and Appeals); –150 (Applicability); –155 (Determination of Air Stagnation Conditions); –160 (Prohibition on Woodburning During Periods of Air Stagnation); –165 (Public Information Program); –170 (Enforcement); –175 (Suspension of Department Program); –200 (Applicability); –205 (Removal and Destruction of Uncertified Stove Upon Sale of Home); –210 (Home Seller's Responsibility to Verify Stove Destruction); –215 (Home Seller's Responsibility to Disclose) as adopted by the Environmental Quality Commission on November 8, 1991 and effective on November 13, 1991. (C) Oregon Administrative Rules, Chapter 340, Division 23 (Rules for Open Burning), section –030 (Definitions); –043 (Open Burning Schedule); and –090 (Coos, Douglas, Jackson and Josephine Counties) as adopted by the Environmental Quality Commission on November 8, 1991 and effective on November 13, 1991. (93) On November 15, 1991, the Director of the Department of Environmental Quality submitted revisions to State of Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air Act State Implementation Plan and other State Regulations) as follows: Division 21—General Emission Standards for Particulate Matter in Chapter 340 which contains OAR 340–21–200 to –245. (i) Incorporation by reference. (A) November 15, 1991, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon State implementation plan. (B) Oregon Administrative Rules, chapter 340, Division 21 (General Emission Standards for Particulate Matter) section Industrial Contingency Requirements for PM–10 Nonattainment Areas; –200 (Purpose); –205 (Relation to Other Rules); –210 (Applicability); –215 (Definitions); –220 (Compliance Schedule for Existing Sources); –225 (Wood-Waste Boilers); –230 (Wood Particulate Dryers at Particleboard Plants); –235 (Hardboard Manufacturing Plants) –240 (Air Conveying Systems); and –245 (Fugitive Emissions) as adopted by the Environmental Quality Commission on November 8, 1991 and effective on November 13, 1991. (94) On May 30, 1986, and on November 15, 1991, the Director of the Department of Environmental Quality submitted revisions to State of Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air Act State Implementation Plan and other State Regulations) as follows: Division 25—Board Products Industries in OAR Chapter 340 which contains OAR 340–25–305 to 315. (i) Incorporation by reference. (A) November 15, 1991, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (B) Oregon Administrative Rules, Chapter 340, Division 25 (Specific Industrial Standards) section–305 (Definitions); and –315 (Veneer and Plywood Manufacturing Operations) as adopted by the Environmental Quality Commission on November 8, 1991 and effective on November 13, 1991. (C) May 30, 1986, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (95) On May 20, 1988, the Director of the Department of Environmental Quality submitted revisions to State of Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air Act State Implementation Plan and other State Regulations) as follows: Chapter 340 Division 27 (Air Pollution Emergencies) section -005, -010, and -012. (i) Incorporation by reference. (A) May 20, 1988, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (B) Oregon Administrative Rules, chapter 340, Division 27 (Air Pollution Emergencies) section -005 (Introduction); -010 (Episode Stage Criteria for Air Pollution Emergencies) and -012 (Special Conditions) as adopted by the Environmental Quality Commission on April 29, 1988, and effective on May 19, 1988. (96) On May 30, 1986, December 5, 1986, May 8, 1987, March 3, 1989, March 12, 1990, June 8, 1990, and November 15, 1991, the Director of the Department of Environmental Quality submitted revisions to the State of Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air State Implementation Plan and Other State Regulations). The revisions updated the Lane Regional Air Pollution Authority rules by adding new Titles 12, 14, 34, 38, and 47; revising existing Titles 11, 12, 15 (previously Title 13), 32, 33, 50 (previously Title 31), and 51; rescinding existing Titles 21, 22, and 36; and removing existing Titles 20, 42, 44, and 45 from the EPA-approved state implementation plan. (i) Incorporation by reference. (A) May 30, 1986, letter from the Director of the Oregon Department of Environmental Quality (ODEQ) to EPA Region 10 submitting amendments to the Oregon state implementation plan. Revisions were to: Title 11 (Policy and General Provisions), Title 12 (General Duties and Powers of Board and Director), Title 14 (Definitions), Title 32 (Emission Standards) and Title 33 (Prohibited Practices and Control of Special Classes), Title 34 (Air Contaminant Discharge Permits), Title 38 (New Source Review), and Title 47 (Rules for Open Outdoor Burning) as adopted by the Environmental Quality Commission on April 25, 1986, and state effective on May 8, 1986. (B) December 5, 1986, letter from the Director of ODEQ to EPA Region 10 submitting amendments to the Oregon state implementation plan. Revisions were to: Title 14 (Definitions) and Title 38 (New Source Review) as adopted by the Environmental Quality Commission on October 24, 1986, and state effective on October 24, 1986. (C) May 8, 1987, letter from the Director of ODEQ to EPA Region 10 submitting amendments to the Oregon state implementation plan. Revisions were to: Title 34 (Air Contaminant Discharge Permits) as adopted by the Environmental Quality Commission on April 17, 1987, and state effective on April 22, 1987. (D) March 3, 1989, letter from the Director of ODEQ to EPA Region 10 submitting amendments to the Oregon state implementation plan. Revisions were to: Title 34 (Air Contaminant Discharge Permits), as adopted by the Environmental Quality Commission on November 4, 1988, and state effective on December 20, 1988. (E) March 3, 1989, letter from the Director of ODEQ to EPA Region 10 submitting amendments to the Oregon state implementation plan. Revisions were to: Title 14 (Definitions), Title 31 which was revised and repromulgated as Title 50 (Ambient Air Standards), Title 38 (New Source Review), and Title 51 (Air Pollution Emergencies), as adopted by the Environmental Quality Commission on November 4, 1988, and state effective on December 20, 1988. (F) March 12, 1990, letter from ODEQ to EPA Region 10 submitting amendments to the Oregon state implementation plan. Revisions were to: Title 34 (Air Contaminant Discharge Permits) as adopted by the Environmental Quality Commission on March 2, 1990, and state effective on February 14, 1991. (G) June 8, 1990, letter from the Director of ODEQ to EPA Region 10 submitting amendments to the Oregon state implementation plan. Revisions were to: Title 13 (Enforcement Procedures) which was revised and repromulgated as Title 15 (Enforcement Procedures and Civil Penalties) as adopted by the Environmental Quality Commission on May 25, 1990, and state effective on February 14, 1991. (H) November 15, 1991, letter from the Director of ODEQ to EPA Region 10 submitting amendment to the Oregon state implementation plan. Revisions were a new Title 12 (Definitions), and changes to Title 34 (Air Contaminant Discharge Permits) and Title 38 (New Source Review) as adopted by the Environmental Quality Commission on November 8, 1991, and state effective on November 13, 1991. (I) August 26, 1993, supplemental information letter from ODEQ to EPA Region 10 assuring EPA that draft and proposed regulations submitted from Lane Regional Air Pollution Authority (LRAPA) as final versions of the rules were in fact made final with no change. (97) On October 13, 1989, and November 15, 1991, the Director of the Department of Environmental Quality submitted revisions to OAR chapter 340 Division 30 (Specific Air Pollution Control Rules for Areas With Unique Air Quality Control Needs) as revisions to the State of Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air State Implementation Plan and Other State Regulations). (i) Incorporation by reference. (A) October 13, 1989, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (B) November 15, 1991, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (C) Oregon Administrative Rule 340 Division 30 (Specific Air Pollution Control Rules for Medford-Ashland Air Quality Maintenance Area and the Grants Pass Urban Growth Area) –010 (Definitions); –015 (Wood Waste Boilers) (except for (3)(c)); –025 (Air Conveying Systems); –040 (Charcoal Producing Plants); –043 (Control of Fugitive Emissions (Medford-Ashland AQMA Only); –044 (Requirement for Operating and Maintenance Plans (Medford-Ashland AQMA Only); –045 (Compliance Schedules); –046 (Emission Limits Compliance Schedules); –050 (Continuous Monitoring); –055 (Source Testing; –065 (New Source); –067 (Rebuilt Sources); as adopted by the Environmental Quality Commission on September 7, 1989, and effective on September 7, 1989. (D) Oregon Administrative Rule 340 Division 30 (Specific Air Pollution Control Rules for Areas with Unique Air Quality Control Needs) section –005 (Purpose and Application; –010 (Definitions); –012 (Application); –015 (Wood Waste Boilers) (except for (3)(c)); –021 (Veneer Dryer Emission Limitations); –030 (Wood Particle Dryers At Particleboard Plants); –043 (Control of Fugitive Emissions (Medford-Ashland AQMA Only); –044 (Requirements for Operating and Maintenance Plans (Medford-Ashland AQMA Only); –046 (Emission Limits Compliance Schedules); –050 (Continuous Monitoring); –055 (Source Testing); –065 (New Sources); –067 (Rebuilt Sources); –115 (Dual Fuel Feasibility Study for Wood-Waste Boilers); –200 (Application), –205 (Compliance Schedule for Existing Sources), –210 (Woodwaste Boilers); –215 (Wood Particle Dryers At Particleboard Plants); –220 (Hardboard Manufacturing Plants); –225 (Air Conveying System), and –230 (Fugitive Emissions) as adopted by the Environmental Quality Commission on November 8, 1991, and effective on November 13, 1991. (98) On October 14, 1992, the Director of the Department of Environmental Quality submitted revisions to Oregon's Sampling Manual (Volumes I and II) and the inclusion of a new Continuous Emission Monitoring Manual as revision to the State of Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air State Implementation Plan and Other State Regulations). (i) Incorporation by reference. (A) October 14, 1992, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting amendments to the Oregon state implementation plan. (B) Oregon's Sampling Manual (Volumes I and II) as adopted by the Oregon Environmental Quality Commission on January 23, 1992, and effective on January 23, 1992. (C) Continuous Emission Monitoring Manual as adopted by the Oregon Environmental Quality Commission on January 23, 1992, and effective on February 4, 1992. (99) On November 21, 1990, the Director of the Department of Environmental Quality (ODEQ) submitted a State Implementation Plan for Particulate Matter, Grants Pass, Oregon, Moderate Nonattainment Area, A Plan for Attaining and Maintaining the National Ambient Air Quality Standards for PM10. On November 15, 1991, the Director of ODEQ submitted an Addendum to the November 21, 1990 submittal. (i) Incorporation by reference. (A) November 21, 1990, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting revisions to the Oregon state implementation plan. (B) November 15, 1991, letter from the Director of the Department of Environmental Quality to EPA Region 10 submitting revisions to the Oregon state implementation plan. (C) State Implementation Plan for Particulate Matter, Grants Pass, Oregon Nonattainment Area, A Plan for Attaining and Maintaining the National Ambient Air Quality Standards for PM10 dated November 1990, adopted by the Environmental Quality Commission on November 2, 1990 and effective on November 2, 1990. (D) PM10 Control Strategy for Particulate Matter (Addendum) Grants Pass, Oregon Nonattainment Area, A Plan for Attaining and Maintaining the National Ambient Air Quality Standards for PM10 dated October 1991, adopted by the Environmental Quality Commission on November 8, 1991, and effective on November 13, 1991. (100) On May 15, 1991, the Director of the Department of Environmental Quality submitted revisions to the State of Oregon Implementation plans for volatile organic compound emissions (OAR 340–22–100 through 340–22–220, General Emission Standards for Volatile Organic Compounds), to bring about attainment of the National ambient air quality standards in ozone nonattainment areas. (i) Incorporation by reference. (A) May 15, 1991, letter from Oregon Department of Environmental Quality to EPA Region 10 submitting the VOC nonattainment area state implementation plan for Oregon. (B) OAR 340–22–100 through 340–22–220, General Emission Standards for Volatile Organic Compounds, as adopted on May 14, 1991, and became effective on May 16, 1991. (101) On July 28, 1989, the state of Oregon, through the Oregon Department of Environmental Quality, submitted a maintenance plan and a request to redesignate Eugene-Springfield to attainment for carbon monoxide (CO). (i) Incorporation by reference. (A) July 28, 1989, letter from Oregon Department of Environmental Quality to EPA Region 10 submitting a maintenance plan and a redesignation request for the Eugene-Springfield CO Air Quality Maintenance Area (AQMA). This plan was submitted as an amendment to the State of Oregon Implementation Plan and adopted by the Oregon Department of Environmental Quality Commission on December 9, 1988. (B) Attainment Demonstration and Maintenance Plan for the Eugene-Springfield AQMA for CO. (C) Letter from Lane Regional Air Pollution Authority and Lane Council of Governments, dated February 27, 1992, to EPA Region 10, committing to submit a contingency plan if a violation of the CO NAAQS occurs. (102) On November 16, 1992, and on November 15, 1993, the Director of the Department of Environmental Quality submitted Emission Statement Rules as amendments to the State of Oregon Implementation Plan. The November 15, 1993, Emission Statement Rules revision to OAR chapter 340, Division 28, State of Oregon Implementation Plan, superseded the November 16, 1992 submittal. (i) Incorporation by reference. (A) November 16, 1992, letter from Oregon Department of Environmental Quality to EPA Region 10 submitting the emission statement SIP revision. This revision was submitted as an amendment to the State of Oregon Implementation Plan and adopted by the Environmental Quality Commission on November 10, 1992. (B) Emission Statement Rules submitted as an amendment to the State of Oregon Implementation Plan, effective November 12, 1992. (C) November 15, 1993, letter from Oregon Department of Environmental Quality to EPA Region 10 submitting a revision to the Emission Statement Rules. This revision was submitted as an amendment to the State of Oregon Implementation Plan and adopted by the Environmental Quality Commission on September 10 and October 29, 1993. (D) Emission Statement Rules submitted as an amendment to the State of Oregon Implementation Plan, revising the air quality regulations in OAR, Chapter 340, Division 28, effective September 24, 1993. (E) December 20, 1993, Completeness Determination letter to Oregon Department of Environmental Quality from EPA Region 10, advising that the November 15, 1993, Emission Statement Rules submittal is a technically and administratively complete SIP revision. (103) On May 14, 1993, the Director of the Oregon Department of Environmental Quality (ODEQ) submitted a committal state implementation plan (SIP) for a basic inspection and maintenance (I/M) program for Portland and Medford-Ashland CO nonattainment areas. On November 15, 1993, ODEQ submitted the basic I/M program. (i) Incorporation by reference. (A) May 14, 1993, letter from the Director of ODEQ to EPA Region 10 submitting a committal SIP for the I/M program. (B) November 15, 1993, letter from the Director of ODEQ to EPA Region 10 submitting the I/M program for moderate CO nonattainment areas. (C) OAR 340–24–309 through 350, “Motor Vehicles,” adopted on October 29, 1993, and effective on November 4, 1993. (104) On November 16, 1992, the Oregon State Department of Environmental Quality submitted the formal SIP revision to Oregon's Administrative Rules (OAR) 340–20–136 and 340–22–440 through 340–22–640, adopted as part of the state of Oregon Clean Air Act Implementation Plan through OAR 340–20–047. This revision establishes and requires the implementation of an oxygenated gasoline program in the Clackamas, Jackson, Multnomah, Washington and Yamhill counties, and an eleven by twelve mile area surrounding Klamath Falls and a nine mile by nine mile area surrounding Grants Pass. (i) Incorporation by reference. (A) The November 16, 1992, letter from the Director of the Oregon State Department of Environmental Quality to EPA Region 10 submitting revisions to the Oregon SIP. (B) Revisions to the Oregon SIP: Rules on Oxygenated Fuels, OAR 340–20–136 and 340–22–440 through 340–22–640, adopted as part of the State of Oregon Clean Air Act Implementation Plan through OAR 340–20–047, effective November 1, 1992. (105) On November 15, 1993, the Director of ODEQ submitted Oregon's contingency measure plan as a revision to Oregon's SIP for carbon monoxide (CO) for Grants Pass, Medford, Portland, and Klamath Falls, Oregon. (i) Incorporation by reference. (A) November 15, 1993, letter from the Director of ODEQ to EPA Region 10 submitting amendments to the Oregon SIP. (B) Oregon Administrative Rules, Chapter 340–22–440 through 340–22–650, Vol. 2, Sections 4.2, 4.9, 4.ll, Carbon Monoxide Control Strategies, effective November 4, 1993. (106) On February 4, 1994, the Oregon Department of Environmental Quality (ODEQ) submitted the formal SIP revision to Oregon's Administrative Rules (OAR) 340–34–005 through 340–34–115 (Residential Woodheating and Woodstove Certification Program). This revision includes the repeal of OAR 340–34–55, OAR 340–34–65 as well as OAR 340–34–075 through 340–34–115. (i) Incorporation by reference. (A) February 4, 1994, letter from the Director of ODEQ to EPA Region 10 submitting a revision to the Woodstove Certification and Efficiency Testing Program. (B) OAR 340–34–005 through 115, Residential Woodheating and Woodstove Certification Program, adopted on December 10, 1993, and effective on January 3, 1994. (107) On November 15, 1991, the ODEQ submitted a PM–10 nonattainment area SIP for La Grande, Oregon. (i) Incorporation by reference. (A) November 15, 1991 letter from ODEQ to EPA Region 10 submitting the PM–10 nonattainment area SIP for La Grande, Oregon. (B) PM–10 Control Strategy for Particulate Matter, October 1991, La Grande, Oregon Nonattainment Area, as adopted by the Environmental Quality Commission on November 8, 1991. (108) On November 15, 1991 the Director of ODEQ submitted amendments to Oregon's SIP to include a PM–10 control strategy for Eugene-Springfield and LRAPA title 39. (i) Incorporation by reference. (A) November 15, 1991 letter from the Director of ODEQ to EPA Region 10 submitting amendments to the Oregon SIP. (B) The PM–10 control strategy for Eugene-Springfield, adopted by the OEQC on January 31, 1991, and LRAPA title 39 (Contingency for PM–10 sources in the Eugene-Springfield nonattainment area), adopted by the OEQC on November 8, 1991. (C) April 13, 1994 letter from the Director of ODEQ to EPA Region 10 submitting amendments to the Oregon SIP. (D) Amendments to Lane Regional Air Pollution Authority Rules as a revision to the Oregon SIP (title 16), adopted by the OEQC on March 11, 1994. (109) On October 27, 1993, the Director of ODEQ submitted OAR 340–24–307, Motor Vehicle Inspection Program Fee Schedule, as an amendment to the Oregon SIP. On November 15, 1993, the Director of ODEQ submitted Section 3.1, OAR 340–24–309 through 340–24–350 and section 5.4, Motor Vehicle Inspection and Maintenance Plan, as amendments to the Oregon SIP. On June 14, 1994 EPA's Regional Administrator, Chuck Clarke, received Section 3.1, OAR 340–24–309 through 340–24–355 and section 5.4, Motor Vehicle Inspection and Maintenance Plan, from the Director of ODEQ as amendments to the Oregon SIP. (i) Incorporation by reference. (A) October 27, 1993 letter from the Director of ODEQ to the Regional Administration of EPA submitting a revision to the Oregon SIP, Motor Vehicle Inspection Program Fee Schedule. (B) November 15, 1993 letter from the Director of ODEQ to the Regional Administrator of EPA submitting revisions to the Oregon SIP, Vehicle Inspection and Maintenance Program. (C) June 13, 1994 letter from the Director of ODEQ to the Regional Administrator of EPA submitting revisions to the Oregon SIP, Vehicle Inspection and Maintenance Program. (D) Oregon's Motor Vehicle Inspection Program Fee Schedule, OAR 340–24–307, adopted by the Environmental Quality Commission on January 29, 1993. (E) Oregon's Vehicle Inspection and Maintenance Program, OAR 340–24–309, 310, 315, 320, 330, 335, 340, 350, and Volume 2 Section 5.4, Motor Vehicle Inspection and Maintenance Plan, adopted by the Environmental Quality Commission on October 29, 1993. (F) Oregon's Vehicle Inspection and Maintenance Program, Section 3.1, OAR 340–24–300 through 340–24–355, and Section 5.4, adopted by the Environmental Quality Commission on June 3, 1994. (110) On May 28, 1993, the Director of ODEQ submitted two separate sets of revisions to its air quality regulations, OAR, Chapter 340, Division 25. One submittal was housekeeping amendments affecting all of Division 25; the second submittal was specifically Kraft Pulp Mill rules (OAR 340–25–150 through –205) and Neutral Sulfite Semi-Chemical Pulp Mill regulations (OAR 340–25–220 through –234). On November 15, 1993, the Director of ODEQ submitted a revision to OAR, Chapter 340, Division 25. On April 13, 1994, the Director of ODEQ submitted revisions to the Oregon SIP for LRAPA's Title 47, Outdoor Open Burning. (i) Incorporation by reference. (A) EPA received on May 28, 1993, two letters from the Director, ODEQ, to the Regional Administrator, EPA, submitting housekeeping amendments to Division 25: Housekeeping amendments to Division 25 (OAR 340–25–005 through 025 and OAR 340–25–105 through 340–25–430), effective March 10, 1993; and revisions to the Oregon SIP for Kraft Pulp Mill Amendments and Neutral Sulfite Semi-Chemical Pulp Mill Regulations: Kraft Pulp Mill Rules (OAR 340–25–150 through 205) and the Neutral Sulfite Semi-Chemical Pulp Mill Pulp Mills (OAR 340–25–220 through 234), excluding all references to total reduced sulfur, effective January 24, 1990. (B) November 15, 1993, letter from the Director, ODEQ, to the Regional Administrator, EPA, submitting revisions to the Oregon SIP for OAR, Chapter 340, Division 25: Amendments to OAR Chapter 340, Division 25 (OAR 340–25–160, 340–25–222, 340–25–275, 230–25–310, 340–25–420), effective November 4, 1993. (C) April 13, 1994, letter from the Director, ODEQ, to the Regional Administrator, EPA, submitting revisions to LRAPA, Title 47: Title 47, Lane Regional Air Pollution Authority, August 11, 1992, Outdoor Open Burning, effective January 1, 1993. (111) The EPA approves a revision to the State of Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air Act State Implementation Plan and other State Regulations), specifically a revision to Section 2.2—Legal Authority and a revision to Chapters 468 and 468A of the Oregon Revised Statutes (ORS). (i) Incorporation by reference. (A) On July 29, 1992 and August 30, 1994, ODEQ submitted to EPA a revision to Oregon Revised Statutes (ORS), Chapter 468 (1993 Edition), and Chapter 468A (1993 Edition), both of which were amended and adopted through August 1993 and in effect on November 4, 1993; and a revised Section 2.2—Legal Authority, including subsections 2.2.1 through 2.2.9, dated and revised July 29, 1992, the date of the official attached transmittal letter. (112) On November 16, 1992, the Director for the Oregon Department of Environmental Quality (ODEQ) submitted the Oregon State Small Business Stationary Source Technical and Environmental Compliance Assistance Program and on May 16, 1995, the Administrator for ODEQ submitted the Small Business Assistance Program Confidentiality Option as revisions to the Oregon State Implementation Plan. (i) Incorporation by reference. (A) The November 16, 1992 letter from the Director of the Oregon Department of Environmental Quality submitting the Small Business Stationary Source Technical and Environmental Compliance Assistance Program to EPA; The Oregon Air Quality Small Business Assistance Program State Implementation Plan Revision adopted on October 16, 1992, and evidence that the State has the necessary legal authority, Oregon Revised Statutes 468A.330 (Small Business Stationary Source Technical and Environmental Compliance Assistance Program). (B) The May 16, 1995 letter from the Administrator of the Oregon Department of Environmental Quality, Air Quality Division, submitting the Small Business Assistance Program confidentiality option to EPA; The Air Quality Guidance, Restriction of Information Obtained by the AQ Small Business Assistance Program adopted on May 16, 1995. (113) On April 14, 1995, the Oregon Department of Environmental Quality submitted a revision to its SIP for the State of Oregon to include the Transportation Conformity: OAR 340–20–710 through 340–20–1080. (i) Incorporation by reference. (A) April 14, 1995 letter from ODEQ director Lydia Taylor to EPA Regional Administrator Chuck Clarke submitting a revision to the Oregon SIP to include the Transportation Conformity: OAR 340–20–710 through 340–20–1080; Division 20, Air Pollution Control, Criteria and Procedures for Determining Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective March 29, 1995. (114) On November 20, 1995, the Director of the Oregon Department of Environmental Quality (ODEQ) submitted a Reasonably Available Control Technology Standards (RACT) determination for VOC emissions from the Intel Corporation facility in Portland, Oregon. (i) Incorporation by reference. (A) The letter dated November 20, 1995, from the Director of ODEQ submitting a SIP revision for a RACT determination contained in Intel's Oregon Title V Operating Permit for VOC emissions, consisting of permit #34–2681 expiration date 10–31–99, page 11 of 32 pages, effective date September 24, 1993 (State-effective date of the Oregon Title V Program). (115) A minor revision consisting of clarification of existing air quality control regions and nonattainment and maintenance areas of Oregon (the revision did not change any existing boundaries) was submitted to EPA from ODEQ for inclusion into the Oregon SIP. (i) Incorporation by reference. (A) Letter dated September 20, 1995 from the Director of the ODEQ to the EPA Regional Administrator submitting a revision to better define Oregon's existing air quality boundaries found in State regulations OAR 340–23–065 through 340–23–075 (Rules for Open Burning), OAR 340–31–120 (Air Pollution Control Standards for Air Purity and Quality), and OAR 340–31–500 through 340–31–530 (The Air Quality Control Regions and Nonattainment and Maintenance Areas of Oregon), effective May 25, 1995. (116) On May 27, 1993, September 27, 1995, and October 8, 1996, the Director of ODEQ submitted to the Regional Administrator of EPA revisions to its Oregon SIP: the Oregon Administrative Rules (OAR), Housekeeping Amendments (Chapter 340, Divisions 21 through 24, 26, 27, 30, and 34); OAR, Division 22, General Gaseous Emissions (340–22–100, –130, and –137); and OAR, Divisions 20, 21, 22, 25, 27 and 30). (i) Incorporation by reference. (A) May 27, 1993, letter from ODEQ to EPA submitting a revision to the Oregon Administrative Rules: Housekeeping Amendments, Oregon Administrative Rules, Chapter 340, Divisions 21 through 24, 26, 27, 30, and 34, State-effective on March 10, 1993. (B) September 27, 1995, letter from ODEQ to EPA submitting a revision to the Oregon Administrative Rules: Permits and Fees for Stage I Vapor Recovery Program, Division 22, General Gaseous Emissions, Sections 100, 130, and 137, State-effective on November 2, 1994. (C) October 8, 1996, letter from ODEQ to EPA submitting a revision to the Oregon Administrative Rules: OAR 340–020–0047 (State-effective on September 24, 1996); OAR 340–21–0005, –0015, –0020, –0025, –0030, –0035, –0045, –0050, and –0235 (State-effective on January 29, 1996); OAR 340–022–0102 (State-effective on March 29, 1996), and –0130 (State-effective on December 6, 1995); OAR 340–025–0260 and –0265 (State-effective on December 6, 1995), –0280 (State-effective on December 6, 1995), –0320 and –0325 (State-effective on January 29, 1996); OAR –027–0005 (State-effective on September 24, 1996); OAR 030–0007, –0010 and –0031 (State-effective on January 29, 1996). (117) On November 20, 1996, the Director of the Oregon Department of Environmental Quality (ODEQ) submitted source-specific Reasonably Available Control Technology (RACT) determinations to EPA as SIP revisions for VOC emissions standards. (i) Incorporation by reference. (A) Two letters dated November 20, 1995, from Director of the Oregon Department of Environmental Quality (ODEQ) submitting SIP revisions for RACT determinations for VOC emissions for: Cascade General, Inc., a ship repair yard in Portland, Oregon, Permit No. 26–3224 (issued to the Port of Portland), dated October 4, 1995; and, White Consolidated, Inc. (doing business as Schrock Cabinet Co.), a wood cabinet manufacturing facility in Hillsboro, Oregon, Permit No. 34–2060, dated August 1, 1995. (118) On October 13, 1989, the Director of the Oregon Department of Environmental Quality submitted an amendment to OAR Chapter 340, Division 30. On May 28, 1993, the Director of the Oregon Department of Environmental Quality submitted amendments to OAR Chapter 340, Division 14, and Division 31. On November 15, 1993, the Director of the Oregon Department of Environmental Quality submitted amendments to OAR Chapter 340, Division 14, Division 20, and Division 31, and a new Division 28. On November 14, 1994, June 1, 1995, October 8, 1996, and January 22, 1997, the Director of the Oregon Department of Environmental Quality submitted amendments to OAR Chapter 340, Division 28. On September 27, 1995, the Director of the Oregon Department of Environmental Quality submitted amendments to OAR Chapter 340, Division 31. (i) Incorporation by reference. (A) OAR 340–14–005, –010, –015, –020, –025, –030, –035, –040, –045, and –050, effective March 10, 1993; and OAR 340–14–007, effective September 24, 1993. (B) OAR 340–28–500, –510, –520, –810, –1030, –1040, –1120, –1130, –1400, –1450, –1520, –1600, –1700, –1710, and –1920, effective September 24, 1993; OAR 340–28–100, –200, –300, –700, –800, –820, –900, –1000, –1020, –1100, –1110, –1140, –1420, –1440, –1500, –1510, –1730, –1740, –1750, –1760, –1770, –1900, –1940, –1950, –1960, –1970, –1980, –1990, and –2000, effective November 4, 1993; OAR 340–28–600, –610, –620, and –640, effective January 1, 1994; OAR 340–28–1910 and –2270, effective October 29, 1994; OAR 340–28–1930, effective May 1, 1995; OAR 340–28–1060, effective January 29, 1996; OAR 340–28–1410 and –1430, effective September 24, 1996; and OAR 340–28–110, –400, –630, –1010 and –1720, effective October 22, 1996. (C) OAR 340–30–111, effective September 26, 1989. (D) OAR 340–31–010, 340–31–015, 340–31–020, 340–31–025, 340–31–030, 340–31–040, 340–31–055, 340–31–100, 340–31–115, and 340–31–130, effective March 10, 1993; and OAR 340–31–005, OAR 340–31–110, and 340–31–120, effective July 12, 1995. (119) November 15, 1991, and September 20, 1995, letters from the Director, Oregon Department of Environmental Quality, to the Region 10 Regional Administrator, EPA, submitting the PM–10 Klamath Falls, Oregon, PM–10 Control Plan and amendments as revisions to its SIP. (i) Incorporation by reference. (A) State Implementation Plan for PM–10 in Klamath Falls, dated October 1991 and revised August 1995; and Appendix 4: Ordinances and Commitments, Ordinance No. 6630 (adopted September 16, 1991), and Ordinance No. 63 (adopted July 31, 1991)—Chapters 170 and 406. (120) The Oregon Department of Environmental Quality (ODEQ) and the Washington Department of Ecology (WDOE) submitted Maintenance Plans that demonstrate continued attainment of the NAAQS for O3 and requested redesignation of the Pdx/Van interstate nonattainment area from nonattainment to attainment for O3. The SIP revision requests were submitted by the WDOE on June 13, 1996, and by ODEQ on August 30, 1996. A number of other O3 supporting revisions were included in this submittal, such as: the 1990 O3 Emission Inventories; changes to the NSR programs; regulations implementing the hybrid low enhanced I/M programs; an expanded vehicle inspection boundary; minor RACT rule changes (Vancouver only); Employee Commute Options rule (Portland only); Voluntary Parking Ratio rule (Portland only); PSEL management rules (Portland only); and local area source supporting rules. (i) Incorporation by reference. (A) Ozone Maintenance Plan and Redesignation Request for the Portland/Vancouver AQMA (Oregon Portion) effective August 14, 1996. (B) Oregon Inspection and Maintenance SIP revision to Section 5.4; OAR 340–024–0100, –0300, –0305, –0306, –0307, –0308, –0309, –0312 (with the exception of all language in (4) (a) referring to a “sixth hill extrapolation”), –0314 , –0318, –0320, –0325, –0330, –0332, –0335, –0337, –0340, –0355, –0357, and –0360, State effective on November 26, 1996. (C) New Source Review: OAR 340–020–0047; OAR 340–028–0110, 1900 through 1940, 1960, 1970, and 2000; OAR 340–030–0111, State effective on November 26, 1996. (D) Supporting Regulations approved as part of the Ozone non-attainment redesignation package: OAR 340–022–0400, –0401, –0402, –0403, –0700, –0710, –0720, –0730, –0740, –0750, –0760, –0800, –0810, –0820, –0830, –0840, –0850, –0860, –0900, –0910, –0920, –0930, –0940, –0950, –1000, –1010, –1020, –1030, –1040, –1050, –1100, –1110, –1120, –1130, State effective on 8/14/96; OAR 340–024–0301, State effective on 8/12/96; OAR 340–030–0700, –0710, –0720, –0730, –0740, –0800, –0810, –0820, –0830, –0840, –0850, –0860, –0870, –0880, –0890, –0900, –0910, –0920, –0930, –0940, –0950, –0960, –0970, –0980, –0990, –1000, –1010, –1020, –1030, –1040, –1050, –1060, –1070, –1080, –1100, –1110, –1120, –1130, –1140, –1150, –1160, –1170, –1180, –1190, State effective on 8/14/96; and OAR 340–031–0500, –0520, –0530, State effective on 8/19/96. (121) On April 7, 1997, the Director of the Oregon Department of Environmental Quality (ODEQ) submitted a Reasonably Available Control Technology (RACT) determination for VOC emissions from PCC Structurals, Inc., Large Parts Campus, at 4600 SE Harney Drive, Portland, Oregon. (i) Incorporation by reference. (A) The letter dated April 7, 1997, from the Director of ODEQ submitting a SIP revision for a RACT determination contained in PCC Structurals, Inc.'s Oregon Title V Operating Permit for VOC emissions, consisting of permit #26–1867, expiration date 4–1–2000, effective date April 4, 1997. Only conditions 19, 20, and 21 in PCC Structurals' Addendum No. 2 to permit #26–1867 are incorporated into the SIP. (122) On August 30, 1996, the Director of the Oregon Department of Environmental Quality submitted to the Regional Administrator of EPA a revision to the Carbon Monoxide State Implementation Plan for the Portland area containing a Maintenance Plan that demonstrated continued attainment of the NAAQS for carbon monoxide through the year 2007. (i) Incorporation by reference. (A) Letter dated August 30, 1996, from Oregon to EPA requesting the redesignation of the Portland carbon monoxide nonattainment area to attainment and submitting the Maintenance Plan; Revision to the State Implementation Plan: Carbon Monoxide Maintenance Plan and Redesignation Request for the Portland Metro Area, adopted July 12, 1996. (B) Letter dated April 17, 1997, from Oregon to EPA submitting replacement pages to the Maintenance Plan and appendices. (ii) Additional material. (A) Appendices to the Maintenance Plan and Redesignation Request for Portland (Metro) Area—State Implementation Plan Revision for Carbon Monoxide, dated July 12, 1996: Appendix D2–1 (Volume 3), CO Air Monitoring Network; Appendix D2–2 (Volume 3), Meteorological Analysis; Appendix D2–3 (Volume 3), Review of Bag Study Results Which Demonstrates The DEQ Network of Sites Records Higher CO Concentrations Than Screened Intersections; Appendix D2–4 (Volume 3), Emission Inventory and Forecast Portland (Metro) Area (Carbon Monoxide); Appendix D2–4–1 (Volume 3), Base Year (1990) Emission Inventory Portland (Metro) Area (Carbon Monoxide); Appendix D2–4–2 (Volume 3), Attainment Year (1991) Emission Inventory Portland (Metro) Area (Carbon Monoxide); Appendix D2–4–3 (Volume 3), Regional Emission Forecast Portland (Metro) Area; Appendix D2–4–4 (Volume 3), Subregional Emission Inventories and Forecast Portland (Metro) Area (Carbon Monoxide); Appendix D2–4–5 (Volume 3), Metro Model Assumptions, Link-Based Emissions Calculation Methodology, and Travel Demand Forecasting Model Summary; Appendix D2–5 (Volume 3), Conformity Process; Appendix D2–6 (Volume 3), Historical and Projected Population and Households; Appendix D2–7 (Volume 3), Metro Council Resolution Concerning Portland CO Maintenance Plan, Emission Budgets, and Contingency Plan; Appendix D2–8 (Volume 3), CCTMP Zoning Codes Incorporated Into the Portland Carbon Monoxide Maintenance Plan; Appendix D2–9 (Volume 3), Motor Vehicle Inspection Program Changes; Appendix D2–10 (Volume 3), Land-Use Measures and TCM Substitution; Appendix D2–11 (Volume 3), New Source Review Program Changes; Appendix D2–12 (Volume 3), Rollforward Analysis; Appendix D2–13 (Volume 3), CCTMP Zoning Codes Used as Supporting Documentation in the Portland Carbon Monoxide Maintenance Plan; Appendix D2–14 (Volume 3), Miscellaneous Oregon Administrative Rule Amendments—Supporting Rules, OAR Chapter 340, Section 340–020–0047 (State of Oregon Clean Air Act Implementation Plan); and Sections 340–031–0520 and 340–031–0530 (Maintenance Area Designation). (123) On May 22, 1997, ODEQ submitted changes to the definition of Volatile Organic Compounds (VOC) in the Oregon Administrative Rules (OAR) consistent with changes made in the federal definition and delisted certain compounds no longer considered VOCs under the new definition. On November 13, 1997, ODEQ submitted changes in the OAR that increased Air Contaminant Discharge Permit Fees for stationary sources to recover costs of operating the state permit program. (i) Incorporation by reference. (A) Oregon Administrative Rules 340–022–0102(73) and 340–028–0110(129), effective May 9, 1997; Oregon Administrative Rule 340–028–1750, effective August 27, 1997. (124) On October 30, 1997 the director of the Oregon Department of Environmental Quality (ODEQ) submitted a source specific Reasonable Available Control Technology (RACT) determination as a SIP revision for VOC emissions and standards. (i) Incorporation by reference. (A) Letter dated October 30, 1997 from the Director of ODEQ submitting a SIP revision for Dura Industries, Inc., an architectural surface coating operation in Portland, Oregon—permit #26–3112 dated September 14, 1995. (125) On June 1, 1995 and January 22, 1997, the Director of ODEQ submitted to the Regional Administrator of EPA new sections to Division 30 and revisions to Divisions 20, 21, 22, 25, and 30. (i) Incorporation by reference. (A) OAR–340–020–0047; OAR–340–022–0170; OAR–340–022–0840; OAR–340–022–0930; OAR–340–022–0055; OAR–340–028–0110; OAR–340–028–0400; OAR–340–028–0630; OAR–340–028–1010; OAR–340–028–1720; OAR–340–030–0015; OAR–340–030–0044; OAR–340–030–0050; OAR–340–030–0055; OAR–340–030–0320; OAR–340–030–0330: These rules were all state adopted on October 11, 1996. (126) On August 31, 1995, and October 8, 1996, the Director of ODEQ submitted to the Regional Administrator of EPA revisions to its Oregon SIP: the Oregon Administrative Rules (OAR) Chapter 340, Division 25, Specific Industrial Standards (OAR 340–25–305, 320 and 325). (i) Incorporation by reference. (A) August 31, 1995, letter from ODEQ to EPA submitting a revision to the Oregon Administrative Rules (OAR); OAR 340–25–305, State effective on February 17, 1995. (B) October 8, 1996, letter from ODEQ to EPA submitting a revision to the Oregon Administrative Rules (OAR); OAR 340–25–320 and OAR 340–25–325, State effective on January 29, 1996. (127) December 9, 1996, letter from the Director, Oregon Department of Environmental Quality, to the Region 10 Regional Administrator, EPA, submitting the Attainment Plan for the Oakridge, Oregon PM–10 nonattainment area as a revision to its SIP. (i) Incorporation by reference. (A) State Implementation Plan for PM–10 in Oakridge, dated August 1996, and Appendices XII, XIII and XIV. (ii) Additional Material: Appendix I through VI and VIII through XI of the State Implementation Plan for PM–10 in Oakridge dated August 1996. (128) On June 1, 1995 the State of Oregon submitted to EPA an attainment plan for the Lakeview PM10 nonattainment area. This SIP revision is designed to bring about the attainment of the PM10 NAAQS in Lakeview and satisfy Federal requirements applicable to moderate PM10 nonattainment areas. (i) Incorporation by reference. (A) June 1, 1995 letter from the Director, Oregon Department of Environmental Quality, the Governor's designee, to Region 10 Regional Administrator, EPA, submitting the Lakeview, Oregon PM10 Control Plan. (B) Revision to the Oregon State Implementation Plan: Lakeview, Oregon PM10 Control Plan; Appendix 3, Lakeview Detailed Emissions Inventories; Appendix 4, Ordinances and Commitments; Appendix 5, Demonstration of Attainment; Appendix 9, Woodburning Curtailment Survey Protocol; Appendix 10, Legal Description of Lakeview PM10 Nonattainment Area. (C) Supporting regulations approved as part of the revision, state effective May 1, 1995: OAR 340–20–047; OAR 340–21–010, –012, –025, –200; OAR 340–30–043, –300, –310, –340; OAR 340–34–150, –200, –210. (129) The Environmental Protection Agency (EPA) approves various amendments to the Oregon State Air Quality Control Plan contained in a submittal to EPA, dated October 8, 1997. (i) Incorporation by reference. (A) EPA is approving or taking no action on the modified Oregon Transportation Conformity Rules submitted on October 8, 1998. EPA is approving: OAR 340–20–710, 340–20–720, 340–20–730, 340–20–750, 340–20–760 340–20–770, 340–20–780, 340–20–790, 340–20–800, 340–20–810, 340–20–820, 340–20–830, 340–20–840, 340–20–850, 340–20–860 340–20–870, 340–20–880, 340–20–890, 340–20–900, 340–20–910 340–20–1000, 340–20–1010, 340–20–1020, 340–20–1030, 340–20–1040, 340–20–1050, 340–20–1060 and 340–20–1070, effective September 23, 1998. (B) EPA is taking no action on sections OAR 340–020–730(3), 340-020–750(4), 340–020–750(4)(b), 340–020–800(3)-(6), 340–020–890(5), 340–020–900(6)(c), 340–020–910(1)(b), 340–020–1000(1)(a) and (2), and 340–020–1030(2). (C) EPA approves the changes made to certain sections of the Oregon Administrative Rules: “Determining Conformity of General Federal Actions to State and Federal Implementation Plans' found in: OAR 340–020–1510, 340–020–1520, 340–020–1530, 340–020–1570, 340–020–1580, and 340–020–1590, effective September 23, 1998. (130) The Environmental Protection Agency (EPA) approves various amendments to the Oregon State RACT rules for volatile organic compounds which are contained in a submittal to EPA, dated December 7, 1998. (i) Incorporation by reference. (A) EPA is approving the revised Oregon Regulations, as effective October 12, 1998: OAR 340–022–0100; OAR 340–022–0102; OAR 340–022–0104; OAR 340–022–0106; OAR 340–022–0107; OAR 340-022–110; OAR 340–022–0120; OAR 340–022–0125; OAR 340–022–0130; OAR 340–022–0170; OAR 340–022–0175; OAR 340–022–0180; OAR 340–022–0300; OAR 340–022–0400; OAR 340–022–0401; and OAR 340–022–0402. (B) EPA is repealing/removing the following provision from the current incorporation by reference: OAR 340–022–0403, as effective August 14, 1996. (131) On December 3, 1998, the Director of the Oregon Department of Environmental Quality (ODEQ) submitted a revision to the definition section of the Oregon Administrative Rules (OAR), as effective October 14, 1998. (i) Incorporation by reference. (A) OAR 340–028–0110, as effective October 14, 1998, except for the following: (16) Capture system, (25) Continuous compliance determination method, (27) Control device, (29) Data, (39)(b) Emission Limitation and Emission Standard, (47) Exceedance, (48) Excursion, (55) Inherent process equipment, (67) Monitoring, (86) Pollutant-specific emissions unit, (88) Predictive emission monitoring system (PEMS), Table 1, Table 2, and Table 3. (B) Remove the following provision from the current incorporation by reference: OAR 340–028-0110, as effective October 6, 1995, except for Table 1, Table 2, and Table 3. (132) On June 18, 1999, the Director of the Oregon Department of Environmental Quality (ODEQ) submitted a SIP revision to repeal the Consumer Products Rules, repeal the Architectural Coatings Rules, revise and partially repeal the Motor Vehicle Refinishings Rules, and revise the Volatile Organic Compounds definitions. (i) Incorporation by reference. (A) Oregon Administrative Rule (OAR) 340–022–0102 (73) and OAR 340–028–0110 (139), as effective May 21, 1999; and OAR 340–022–0700, OAR 340–022–0710, OAR 340–022–0740, and OAR 340–022–0760, as effective July 12, 1999. (B) Remove the following provisions from the current incorporation by reference: OAR 340–022-0102 (73), as effective May 9, 1997; OAR 340–028–0110 (139), as effective October 14, 1998; OAR 340–022–0800, OAR 340–022–0820, OAR 340–022–0830, OAR 340–022–0850, and OAR 340–022–0860, OAR 340–022–0700, OAR 340–022–0720, OAR 340–022–0730, OAR 340–022-0740, OAR 340–022–0750, OAR 340–022–0760, OAR 340–022–1000, OAR 340–022–1020, OAR 340–022–1030, OAR 340–022–1040, and OAR 340–022–1050 as effective May 25, 1995; OAR 340–022–0840, as effective October 22, 1996; and OAR 340–022–710, OAR 340–022–810, OAR 340–022–1010, as effective August 14, 1996. (133) On November 10, 1999, the Oregon Department of Environmental Quality requested the redesignation of Grants Pass to attainment for carbon monoxide. The State's maintenance plan and base year emissions inventory are complete and the redesignation satisfies all the requirements of the Clean Air Act. (i) Incorporation by reference. (A) Oregon Administrative Rule (OAR) 340–204–0030, OAR 340–204–0040, and OAR 340–204–0090, as effective October 22, 1999. (B) Remove without replacement the following provisions from the current incorporation by reference of the State Implementation Plan: OAR 340–031–0520 and OAR 340–031–0530, as effective August 19, 1996 and OAR 340–022–0470, as effective November 4, 1993. (134) On December 12, 1996, the Director of the Oregon Department of Environmental Quality (ODEQ) submitted revisions to Lane Regional Air Pollution Authority (LRAPA) Title 32 and Title 33, as effective on November 20, 1994. On August 26, 1998, the Director of ODEQ submitted revisions to LRAPA Title 12, Title 30, and Title 33, as effective on March 8, 1994. On February 23, 2001, the Director of ODEQ submitted revisions to LRAPA Title 34, as effective June 13, 2000. (i) Incorporation by reference. (A) Title 12, as effective March 8, 1994; Title 30, as effective March 8, 1994, except for Section 30–020(2), Section 30–020(8), Section 30–025(9), Section 30–030(1)(I), Section 30–030(2)(E), and Section 30–045(3); Title 32, as effective November 10, 1994, except for Section 32–075, Section 32–080, Section 32–095, Section 32–100, Section 32–101, Section 32–102, Section 32–103, and Section 32–104; Title 33, as effective November 10, 1994, except for Section 33–005, Section 33–020, Section 33–055, Section 33–070(1)(Definitions for Non-Condensibles, Other Sources, and Total Reduced Sulfur (TRS)), Section 33–070(3)(A), Section 33–070(6)(B), Section 33–070(7)(A), Section 33–070(7)(B), Section 33–070(8)(C)(1)(a), Section 33–070(8)(C)(2)(a), Section 33–080, and Section 33–085; and Title 34, as effective June 13, 2000, except for Section 34–025, Section 34–035, Section 34–060(6), Section 34–060(8), Section 34–080, Section 34–160, Section 34–170, Section 34–180, Section 34–190, Section 34–200, Section 34–210, Section 34–220, and Section 34–230. (B) Remove the following provisions from the current incorporation by reference: Section 12–005, Section 12–010, Section 12–020, and Section12–035 of Title 12, as effective November 8, 1983; Section 12–025 of Title 12, as effective September 9, 1988; Title 12, as effective February 13, 1990; Title 14, as effective July 12, 1988; Title 15, as effective February 13, 1990; Section 32–005, Section 32–010, Section 32–025, Section 32–030, Section 32–035, Section 32–040, Section 32–045, Section 32–055, Section 32–065, Section 32–100, Section 32–101, Section 32–102, and Section 32–103 of Title 32, as effective 9–14–82; Section 32–800 of Title 32, as effective 1–8–85; Section 32–104 and Section 32–990 of Title 32, as effective 11–8–83; Section 33–020, Section 33–025, Section 33–030, Section 33–045, Section 33–055, Section 33–060, and Section 33–065 of Title 33, as effective 5–15–79; Section 33–070 of Title 33, as effective 9–14–82; Section 34–001, Section 34–010, Section 34–015, Section 34–020, Section 34–025, Section 34–030, Section 34–035, Section 34–040, Section 34–045, Section 34–050, and Table A of Title 34, as effective 1–9–90; and Section 34–005 of Title 34, as effective 2–13–90. (ii) Additional Material: (A) Title 15, Enforcement Procedure and Civil Penalties, as effective June 13, 1995. (135) The Oregon Department of Environmental Quality submitted a Visibility SIP revision on August 26, 1993, smoke management provisions on August 26, 1993, revisions to the Oregon field burning program on July 3, 1997, and amendments to the smoke management program regarding the Blue Mountains rules on September 27, 1995. EPA approves these revisions with the exception of the provision that changes the review period of the Visibility SIP from every three years to every 5 years (OAR 340–20–047 Section 5.2.4.2 and OAR 340–20–047 Section 5.2.5.1) (i) Incorporation by reference. (A) OAR 629–24–301 effective August 1, 1987. (B) OAR 629–43–043 effective April 13, 1987. (C) ORS 477.515 effective 1971. (D) Directive 1–4–1–601, Operational Guidance for the Oregon Smoke Management Program, effective October 23, 1992. (E) OAR 340–26–0035 and 340–26–0040, effective March 10, 1993; OAR 340–26–0001, 340–26–0031, 340–26–0033, and 340–26–0045, effective May 11, 1993; 340–26–0003, 340–26–0005, 340–26–0010, 340–26–0012, 340–26–0013, 340–26–0015, and 340–26–0055, effective May 31, 1994. (F) OAR 837–110–0010, 837–110–0020, 837–110–0030, 837–110–0040, 837–110–0070, 837–110–0080, 837–110–0090, 837–110–0110, 837–110–0120, 837–110–0130, and 837–110–0150, effective February 7, 1994; 837–110–0160, effective August 11, 1993; and 837–110–0050, 837–110–0060, and 837–110–0140, effective February 7, 1989. (G) Union County Ordinance #1992–4 effective July 1, 1992. (H) Jefferson County Ordinance #–0–58–89 effective May 31, 1989. (I) Remove the following provision from the current incorporation by reference: OAR 340–26–025 effective March 7, 1984. (ii) Additional Materials. (A) OAR 340–20–047 Section 5.2 effective August 11, 1992 (except section 5.2.4.2 and section 5.2.5.1 introductory paragraph) (B) “Oregon Smoke Management Plan, Appendix 5, Operational Guidance for the Oregon Smoke Management Program, Criteria for National Forest and Bureau of Land Management Lands in the Blue Mountains of NE Oregon (Volume 3, Section A1)”, effective July 12, 1995. (136) On November 20, 2000, the Oregon Department of Environmental Quality requested the redesignation of Klamath Falls to attainment for carbon monoxide. The State's maintenance plan and base year emissions inventory are complete and the redesignation satisfies all the requirements of the Clean Air Act. (i) Incorporation by reference. (A) Oregon Administrative Rule (OAR) 340–204–0030, OAR 340–204–0040, and OAR 340–204–0090, as effective October 25, 2000. (137) On May 31, 2001, the Oregon Department of Environmental Quality requested the redesignation of Medford to attainment for carbon monoxide. The State's maintenance plan, base/attainment year emissions inventory, and the redesignation request meet the requirements of the Clean Air Act. (i) Incorporation by reference. (A) Oregon Administrative Rules 340–204–0090, as effective March 27, 2001. (138) On December 15, 1998, the Director of the Oregon Department of Environmental Quality submitted a SIP revision to repeal the rule for parking offsets in the Portland Central Business District, as state effective September 23, 1998. (i) Incorporation by reference. (A) Remove the following provisions from the current incorporation by reference: OAR 340–020–0400, 340–020–0405, 340–020–0410, 340–020–0420, and 340–020–0430. (139) On November 5, 1999, March 7, 2000, June 26, 2001, and November 4, 2002, the Oregon Department of Environmental Quality submitted numerous amendments to the Oregon Administrative Rules as revisions to the Oregon State implementation plan. The revisions included a rule recodification, a marine vapor loading rule, and permitting rules. (i) Incorporation by reference. (A) The following sections of Oregon Administrative Rule 340: 200–0030, 202–0200, 204–0010, 204–0020, 204–0050, 204–0060, 204–0070, 204–0080, 206–0010, 206–0020, 206–0030, 206–0040, 206–0050, 206–0060, 206–0070, 210–0010, 210–0020, 212–0010, 212–0110, 214–0100, 214–0120, 222–0030, 224–0020, 226–0200, 228–0010, 228–0020, 228–0100, 228–0110, 228–0120, 228–0130, 228–0200, 228–0210, 232–0010, 232–0020, 232–0040, 232–0050, 232–0060, 232–0070, 232-0080, 232–0085, 232–0090, 232–0100, 232–0120, 232–0130, 232–0140, 232–0150, 232–0160, 232–0170, 232–0180, 232–0190, 232–0200, 232–0210, 232–0220, 232–0230, 234–0010 (except paragraphs (25), (28)(a) & (46)), 234–0100, 234–0110, 234–0120, 234–0130, 234–0140, 234–0200, 234–0210 (except paragraph (1)), 234–0220, 234–0230, 234–0240 (except paragraph (2)), 234–0250 (except pargraphs (1) & (2)), 234–0260 (except paragraphs (3)(a)(A) & (3)(b)(A)), 234–0270, 234–0300, 234–0310 (except paragraph (1)), 234–0320 (except paragraph (2)), 234–0330, 234–0340 (except paragraph (2)), 234–0350 (except paragraph (1)), 234–0360 (except paragraph (3)(a)(A)), 234–0400, 234–0410, 234–0420, 234–0430, 234–0500, 234–0510, 234–0520, 234–0530, 236–0010, 236–0100, 236–0110, 236–0120 (except paragraphs (1)(a), (3)(a), & (3)(e)), 236–0130, 236–0140 (except the words “gaseous and particulate fluorides and” in paragraph (1), paragraph (1)(b), the sentence “A schedule for measurement of fluoride levels in forage for new plants and ambient air for new and existing plants shall be submitted.” in paragraph (1)(c), the words “and Method 13A or 13B and Method 14 or Method 14A for fluorides or other alternative method in 40 CFR 63.849” in paragraph (3)), 236–0150 (except paragraphs (1)(d) and (1)(e)), 236–0200, 236–0210, 236–0220, 236–0230, 236–0400, 236–0410, 236–0420, 236–0430, 236–0440, 240–0010, 240–0100, 240–0300, 242–0010, 242–0020, 242–0030, 242–0040, 242–0050, 242–0060, 242–0070, 242–0080, 242–0090, 242–0100, 242–0110, 242–0120, 242–0130, 242–0140, 242–0150, 242–0160, 242–0170, 242–0180, 242–0190, 242–0200, 242–0210, 242–0220, 242–0230, 242–0240, 242–0250, 242–0260, 242–0270, 242–0280, 242–0290, 242–0300, 242–0310, 242–0320, 242–0330, 242–0340, 242–0350, 242–0360, 242–0370, 242–0380, 242–0390, 242–0400, 242–0410, 242–0420, 242–0430, 242–0440, 242–0500, 242–0510, 242–0520, 242–0600, 242–0610, 242–0620, 242–0630, 242–0700, 242–0710, 242–0720, 242–0730, 242–0740, 242–0750, 242–0760, 242–0770, 242–0780, 242–0790, 250–0010, 250–0020, 250–0030, 250–0040, 250–0050, 250–0060, 250–0070, 250–0080, 250–0090, 250–0100, 252–0010, 252–0020 (except paragraph (3)), 252–0030, 252–0040, 252–0050 (except paragraphs (4) & (5)(b)), 252–0060, 252–0070, 252–0080, 252–0090, 252–0100 (except paragraphs (3) through (6)), 252–0110, 252–0120, 252–0130, 252–0140, 252–0150, 252–0160, 252–0170, 252–0180, 252–0190 (except paragraph (5)), 252-0200 (except paragraph (6)(c)), 252–0210 (except paragraph (1)(b)), 252-0220 (except paragraphs (1)(a) & (2)), 252–0230, 252–0240, 252–0250 (except paragraph (2)), 252–0260, 252–0270, 252–0280, 252–0290, 258–0010, 258–0100, 258–0110, 258–0120, 258–0130, 258–0140, 258–0150, 258–0160, 258–0170, 258–0180, 258–0190, 258–0200, 258–0210, 258–0220, 258–0230, 258–0240, 258–0250, 258–0260, 258–0270, 258–0280, 258–0290, 258–0300, 258–0310, 258–0400, 262–0010, 262–0020, 262–0030, 262–0040, 262–0100, 262–0110, 262–0120, 262–0130, 262–0200, 262–0210, 262–0220, 262–0230, 262–0240, 262–0250, 262–0300, 262–0310, 262–0320, 262–0330, 266–0010, 266–0020, 266–0030, 266–0040, 266–0050, 266–0060, 266–0070, 266–0080, 266–0090, 266–0100, 266–0110, 266–0120, 266–0130, and 268–0020, as effective October 14, 1999; 204–0040, as effective October 25, 2000; 204–0090, as effective March 27, 2001; 232–0030 and 232-0110 as effective June 1, 2001; 200–0010, 200–0020 (except paragraph(58)), 200–0025, 202–0010, 202–0050, 202–0060, 202–0070, 202–0080, 202–0090, 202–0100, 202–0130, 202–0210, 202–0220, 204–0030, 209–0010, 209–0020, 209–0030, 209–0040, 209–0050, 209–0060, 209–0070, 209–0080, 210–0100, 210–0110, 210–0120, 210–0205, 210–0215, 210–0225, 210–0230, 210–0240, 210–0250, 212–0120, 212–0130, 212–0140, 212–0150, 212–0200, 212–0210, 212–0220, 212–0230, 212–0240, 212–0250, 212–0260, 212–0270, 212–0280, 214–0010, 214–0110, 214–0114, 214–0130, 214–0200, 214–0210, 214–0220, 216–0010, 216–0020, 216–0025, 216–0030, 216–0040, 216–0052, 216–0054, 216–0056, 216–0060, 216–0064, 216–0066, 216–0070, 216–0082, 216–0084, 216–0090, 216–0094, 222–0010, 222–0020, 222–0040, 222–0042, 222–0043, 222–0045, 222–0070, 222–0080, 222–0090, 224–0010, 224–0030, 224–0040, 224–0050, 224–0080, 224–0100, 225–0010, 225–0020(10), 225–0030, 225–0040, 225–0070, 225–0090(1)(c), 226–0010, 226–0100, 226–0110, 226–0120, 226–0130, 226–0140, 226–0210, 226–0300, 226–0310, 226–0320, 226–0400, 240–0020, 240–0030, 240–0110, 240–0120, 240–0130, 240–0140, 240–0150, 240–0160, 240–0170, 240–0180, 240–0190, 240–0200, 240–0210, 240–0220, 240–0230, 240–0240, 240–0250, 240–0270, 240–0310, 240–0320, 240–0330, 240–0340, 240–0350, 240–0360, 240–0400, 240–0410, 240–0420, 240–0430, 240–0440, 268–0010, and 268–0030, as effective July 1, 2001; 222–0041, 224–0060, 224–0070, 225–0020 (except paragraph (10)), 225–0045, 225–0050, 225–0060, and 225–0090 (except paragraph (1)(c)), as effective October 8, 2002; 225–0020(10) and 225–0090(1)(c), as effective October 8, 2002, through April 6, 2003. (B) Remove the following old divisions of Oregon Administrative Rule 340 from the current incorporation by reference: 12, 14, 20, 21 (except for sections 21–015, 21–050, 21–055, 21–060, 21–200, 21–205, 21–210, 21–215, 21–220, 21–225, 21–230, 21–235, 21–240, and 21–245), 22, 25, 26, 27, 28 (except for 28–1400, 28–1410, 28–1420, 28–1430, 28–1440, and 28–1450), 30, 31, and 34. (ii) Additional Material: (A) The following sections of Oregon Administrative Rule 340: Division 12, 200–0100, 200–0110, 200–0120, as effective July 1, 2001; and 262–0050, as effective October 14, 1999. (140) On November 4, 2002, the Oregon Department of Environmental Quality requested the redesignation of Klamath Falls to attainment for PM–10. The State's maintenance plan and the redesignation request meet the requirements of the Clean Air Act. (i) Incorporation by reference. (A) Oregon Administrative Rule 340–204–0040(3)(b) as effective October 8, 2002. (141) On November 4, 2002, the Oregon Department of Environmental Quality requested the redesignation of Grants Pass to attainment for PM–10. The State's maintenance plan and the redesignation request meet the requirements of the Clean Air Act. (i) Incorporation by reference. (A) Oregon Administrative Rules 340–204–0030 (except Notes) and 340–204–0040 (except Notes), as effective October 8, 2002. (142) The Environmental Protection Agency (EPA) approves various amendments to the Oregon State Implementation Plan which are contained in four separate submittals to EPA, dated November 5, 1999, November 27, 2000, January 10, 2003 and April 19, 2004 which include revisions to the inspection and maintenance program. (i) Incorporation by reference. (A) The following sections of the Oregon Administrative Rules 340: 256–0200, 256–0310, 256–0330, 256–0340, 256–0350, 256–0370, 256–0380, 256–0390, 256–0400, 256–0410, 256–0420, 256–0450, 256–0460, and 256–0470, as effective October 14, 1999; 256–0355, 256–0440, and 256–0465, as effective October 25, 2000; 256–0356, as effective October 4, 2001; and 256–0010, 256–0300, as effective October 24, 2003. (B) Remove the following old sections of the Oregon Administrative Rules 340 from the current incorporation by reference: 024–100, 024–300, 024–301, 024–305, 024–306, 024–307, 024–308, 024–309, 024–312, 024–314, 024–318, 024–320, 024–325, 024–330, 024–332, 024–335, 024–337, 024–340, 024–355, 024–357, and 024–360. (ii) Additional Material: (A) Oregon SIP Volume 2, Section 5.4, as effective October 24, 2003. (143) On December 2, 2002, the Oregon Department of Environmental Quality submitted a SIP revision to repeal the Perchloroethylene Dry Cleaning rule and revise related parts of the Introduction and Definitions sections of Division 232. (i) Incorporation by reference. (A) The following sections of the Oregon Administrative Rules 340: 232–0010 and 232–0030, as effective December 26, 2001. (144) The Oregon Department of Environmental Quality submitted a Visibility SIP revision on January 22, 2003. EPA approves these revisions. (i) Incorporation by reference. (A) OAR 340–200–0040, Sections 5.2–5.11, effective May 3, 2002. (145) On December 27, 2004, the Oregon Department of Environmental Quality submitted to the Regional Administrator of EPA, the Second Portland Area Carbon Monoxide Maintenance Plan that demonstrates continued attainment of the NAAQS for carbon monoxide through the year 2017. (i) Incorporation by reference. (A) Oregon Administrative Rules, Chapter 340: 200–0040, 204–0090 and 242–0440, as effective December 15, 2004. [37 FR 10888, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.1970, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.1971 Classification of regions. top The Oregon plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Portland Interstate....................................... I IA III I I Southwest Oregon Intrastate............................... II III III III III Northwest Oregon Intrastate............................... III III III III III Central Oregon Intrastate................................. II III III III III Eastern Oregon Intrastate................................. II III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10888, May 31, 1972, as amended at 45 FR 42278, June 24, 1980] § 52.1972 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Oregon's plan for the attainment and maintenancce of the national standards under section 110 of the Clean Air Act. [65 FR 29958, May 10, 2000] § 52.1973 Approval of plans. top Link to an amendment published at 71 FR 14399, Mar. 22, 2006. Link to an amendment published at 71 FR 14405, Mar. 22, 2006. (a) Carbon monoxide. (1) EPA approves as a revision to the Oregon State Implementation Plan, the Second Portland Area Carbon Monoxide Maintenance Plan, effective December 15, 2004, and submitted to EPA on December 27, 2004. (2) [Reserved] (b) Lead. [Reserved] (c) Nitrogen Dioxide. [Reserved] (d) Ozone. [Reserved] (e) Particulate Matter. (1) EPA approves as a revision to the Oregon State Implementation Plan, the Klamath Falls PM–10 maintenance plan submitted to EPA on November 4, 2002. (2) EPA approves as a revision to the Oregon State Implementation Plan, the Grants Pass PM–10 maintenance plan submitted to EPA on November 4, 2002. (f) Sulfur Dioxide. [Reserved] [68 FR 60041, Oct. 21, 2003, as amended at 68 FR 61116, Oct. 27, 2003; 71 FR 3770, Feb. 23, 2006] §§ 52.1974-52.1976 [Reserved] top § 52.1977 Content of approved State submitted implementation plan. top The following sections of the State air quality control plan (as amended on the dates indicated) have been approved and are part of the current state implementation plan. State of Oregon Air Quality Control Program Volume 2–The Federal Clean Air Act Implementation Plan (and Other State Regulations) Section 1. Introduction (1–86) 2. General Administration (1–86) 2.1 Agency Organization (1–86) 2.2 Legal Authority (1–86) 2.3 Resources (1–86) 2.4 Intergovernmental Cooperation and Consultation (1–86) 2.5 Miscellaneous Provisions (1–86) 3. Statewide Regulatory Provisions 3.1 Oregon Administrative Rules—Chapter 340 Incorporation by Reference (March 24, 2003) Division 21—General Emission Standards for Particulate Matter 21–015 Visible Air Contaminant Limitations (1/29/96) Fugitive Emissions 21–050 Definitions (1/29/96) 21–055 Applicability (3/10/93) 21–060 Requirements (3/10/93) Industrial Contingency Requirements for PM–10 Nonattainment Areas 21–200 Purpose (5/1/95) 21–205 Relation to other Rules (3/10/93) 21–210 Applicability (3/10/93) 21–215 Definitions (3/10/93) 21–220 Compliance Schedule for Existing Sources (3/10/93) 21–225 Wood-Waste Boilers (3/10/93) 21–230 Wood Particulate Dryers at Particleboard Plants (3/10/93) 21–235 Hardboard Manufacturing Plants (1/29/96) 21–240 Air Conveying Systems (3/10/93) 21–245 Fugitive Emissions (3/10/93) Division 23—Rules for Open Burning 23–022 How to Use these Open Burning Rules (3/10/93) 23–025 Policy (3/10/93) 23–030 Definitions (6/16/84, except for paragraph (15) is 3/10/93) 23–035 Exemptions, Statewide (3/10/93) 23–040 General Requirements Statewide (3/10/93) 23–042 General Prohibitions Statewide (3/10/93) 23–043 Open Burning Schedule (3/10/93) 23–045 County Listing of Specific Open Burning Rules (3/10/93) Open Burning Prohibitions 23–055 Baker, Clatsop, Crook, Curry, Deshutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties (3/10/93) 23–060 Benton, Linn, Marion, Polk, and Yamhill Counties (3/10/93) 23–065 Clackamas County (3/10/93) 23–070 Multnomah County (3/10/93) 23–075 Washington County (3/10/93) 23–080 Columbia County (3/10/93) 23–085 Lane County (3/10/93) 23–090 Coos, Douglas, Jackson and Josephine Counties (3/10/93) 23–100 Letter Permits (3/10/93) 23–105 Forced Air Pit Incinerators (3/10/93) 23–110 Records and Reports (3/10/93) 23–115 Open Burning Control Areas (3/10/93) Division 24—Motor Vehicles Pertaining to Motor Vehicles Inspection 24–100 County Designations (11/26/96) Motor Vehicle Emission Control Inspection Test Criteria, Methods and Standards 24–300 Scope (11/26/96) 24–301 Boundary Designations (3/10/93) 24–305 Definitions (11/26/96) 24–306 Government-Owned Vehicle, Permanent Fleet Vehicle and U.S. Government Vehicle Testing Requirements (11/26/96) 24–307 Motor Vehicle Inspection Program Fee Schedule (11/26/96) 24–308 Department of Defense Personnel Participating in the Privately Owned Vehicle Import Control Program (11/26/96) 24–309 Light Duty Motor Vehicle and Heavy Duty Gasoline Motor Vehicle Emission Control Test Method for Basic Program (11/26/96) 24–312 Light Duty Motor Vehicle Emission Control Test Method for Enhanced Program (11/26/96) 24–314 Motorcycle Noise Emission Control Test Method, except all language in (4)(a) referring to a “sixth hill extrapolation” (11/26/96) 24–318 Renew Registration for Light Duty Motor Vehicles and Heavy Duty Gasoline Motor Vehicles Temporarily Operating Outside of Oregon (11/26/96) 24–320 Light Duty Motor Vehicle Emission Control Test Criteria for Basic Program (11/26/96) 24–325 Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria (11/26/96) 24–330 Light Duty Motor Vehicle Emission Control Standards for Basic Program (11/26/96) 24–332 Light Duty Motor Vehicle Emission Control Standards for Enhanced Program (11/26/96) 24–335 Heavy-Duty Gasoline Motor Vehicle Emission Control Emission Standards (11/26/96) 24–337 Motor Vehicle Propulsion Noise Standards (11/26/96) 24–340 Criteria for Qualifications of Persons Eligible to Inspect Motor Vehicles and Motor Vehicle Pollution Control Systems and Execute Certificates (11/26/96) 24–355 Gas Analytical System Licensing Criteria for Basic Program (11/26/96) 24–357 Gas Analytical System Testing for Enhanced Program (11/26/96) 24–360 Agreement with Independent Contractor; Qualifications of Contractor; Agreement Provisions (11/26/96) Division 28—Stationary Source Air Pollution Control and Permitting Procedures Excess Emissions and Emergency Provision 28–1400 Purpose and Applicability (9/24/93) 28–1410 Planned Startup and Shutdown (9/24/96) 28–1420 Scheduled Maintenance (11/4/93) 28–1430 Upsets and Breakdowns (9/24/96) 28–1440 Reporting Requirements (11/4/93) 28–1450 Enforcement Action Criteria (9/24/93) Division 200—General Air Pollution Procedures and Definitions 200–0010 Purpose and Application (7/1/01) 200–0020 General Air Quality Definitions, except (58) (7/1/01) 200–0025 Abbreviations and Acronyms (7/1/01) 200–0030 Exceptions (10/14/99) Division 202—Ambient Air Quality Standards and PSD Increments 202–0010 Definitions (7/1/01) Ambient Air Quality Standards 202–0050 Purpose and Scope of Ambient Air Quality Standards (7/1/01) 202–0060 Suspended Particulate Matter (7/1/01) 202–0070 Sulfur Dioxide (7/1/01) 202–0080 Carbon Monoxide (7/1/01) 202–0090 Ozone (7/1/01) 202–0100 Nitrogen Dioxide (7/1/01) 202–0130 Ambient Air Quality Standard for Lead (7/1/01) Prevention of Significant Deterioration Increments 202–0200 General (10/14/99) 202–0210 Ambient Air Increments (7/1/01) 202–0220 Ambient Air Ceilings (7/1/01) Division 204—Designation of Air Quality Areas 204–0010 Definitions (10/14/99) 204–0020 Designation of Air Quality Control Regions (10/14/99) 204–0030 Designation of Nonattainment Areas (7/1/01) 204–0040 Designation of Maintenance Areas (10/25/00) 204–0050 Designation of Prevention of Significant Deterioration Areas (10/14/99) 204–0060 Redesignation of Prevention of Significant Deterioration Areas (10/14/99) 204–0070 Special Control Areas (10/14/99) 204–0080 Motor Vehicle Inspection Boundary Designations (10/14/99) 204–0090 Oxygenated Gasoline Control Areas (3/27/01) Division 206—Air Pollution Emergencies 206–0010 Introduction (10/14/99) 206–0020 Definitions (10/14/99) 206–0030 Episode Stage Criteria for Air Pollution Emergencies (10/14/99) 206–0040 Special Conditions (10/14/99) 206–0050 Source Emission Reduction Plans (10/14/99) 206–0060 Regional Air Pollution Authorities (10/14/99) 206–0070 Operations Manual (10/14/99) Division 209—Public Participation 209–0010 Purpose (7/1/01) 209–0020 Applicability (7/1/01) 209–0030 Public Notice Categories and Timing (7/1/01) 209–0040 Public Notice Information (7/1/01) 209–0050 Public Notice Procedures (7/1/01) 209–0060 Persons Required To Be Notified (7/1/01) 209–0070 Hearing and Meeting Procedures (7/1/01) 209–0080 Issuance or Denial of a Permit (7/1/01) Division 210—Stationary Source Notification Requirements 210–0010 Applicability (10/14/99) 210–0020 Definitions (10/14/99) Registration 210–0100 Registration in General (7/1/01) 210–0110 Registration Requirements (7/1/01) 210–0120 Re-Registration (7/1/01) Notice of Construction and Approval of Plans 210–0205 Applicability (7/1/01) 210–0215 Requirement (7/1/01) 210–0225 Types of Construction/Modification Changes (7/1/01) 210–0230 Notice to Construct (7/1/01) 210–0240 Construction Approval (7/1/01) 210–0250 Approval to Operate (7/1/01) Division 212—Stationary Source Testing and Monitoring 212–0010 Definitions (10/14/99) Sampling, Testing and Measurement 212–0110 Applicability (10/14/99) 212–0120 Program (7/1/01) 212–0130 Stack Heights and Dispersion Techniques (7/1/01) 212–0140 Methods (7/1/01) 212–0150 Department Testing (7/1/01) Compliance Assurance Monitoring 212–0200 Purpose and Applicability (7/1/01) 212–0210 Monitoring Design Criteria (7/1/01) 212–0220 Submittal Requirements (7/1/01) 212–0230 Deadlines for Submittals (7/1/01) 212–0240 Approval of Monitoring Plans (7/1/01) 212–0250 Operation of Approved Monitoring (7/1/01) 212–0260 Quality Improvement Plan (QIP) Requirements (7/1/01) 212–0270 Reporting and Recordkeeping Requirements (7/1/01) 212–0280 Savings Provisions (7/1/01) Division 214—Stationary Source Reporting Requirements 214–0010 Definitions (7/1/01) Reporting 214–0100 Applicability (10/14/99) 214–0110 Request for Information (7/1/01) 214–0114 Records; Maintaining and Reporting (7/1/01) 214–0120 Enforcement (10/14/99) 214–0130 Information Exempt from Disclosure (7/1/01) Emission Statements for VOC and NOX Sources 214–0200 Purpose and Applicability (7/1/01) 214–0210 Requirements (7/1/01) 214–0220 Submission of Emission Statement (7/1/01) Division 216—Air Contaminant Discharge Permits 216–0010 Purpose (7/1/01) 216–0020 Applicability (7/1/01) 216–0025 Types of Permits (7/1/01) 216–0030 Definitions (7/1/01) 216–0040 Application Requirements (7/1/01) 216–0052 Construction ACDP (7/1/01) 216–0054 Short Term Activity ACDPs (7/1/01) 216–0056 Basic ACDPs (7/1/01) 216–0060 General Air Contaminant Discharge Permits (7/1/01) 216–0064 Simple ACDP (7/1/01) 216–0066 Standard ACDPs (7/1/01) 216–0070 Permitting Multiple Sources at a Single Adjacent or Contiguous Site (7/1/01) 216–0082 Termination or Revocation of an ACDP (7/1/01) 216–0084 Department Initiated Modification (7/1/01) 216–0090 Sources Subject to ACDPs and Fees (7/1/01) 216–0094 Temporary Closure (7/1/01) Division 222—Stationary Source Plant Site Emission Limits 222–0010 Policy (7/1/01) 222–0020 Applicability (7/1/01) 222–0030 Definitions (10/14/99) Criteria for Establishing Plant Site Emission Limits 222–0040 Generic Annual PSEL (7/1/01) 222–0041 Source Specific Annual PSEL (10/8/02) 222–0042 Short Term PSEL (7/1/01) 222–0043 General Requirements for All PSEL (7/1/01) 222–0045 Unassigned Emissions (7/1/01) 222–0070 Plant Site Emission Limits for Insignificant Activities (7/1/01) 222–0080 Plant Site Emission Limit Compliance (7/1/01) 222–0090 Combining and Splitting Sources (7/1/01) Division 224—Major New Source Review 224–0010 Applicability and General Prohibitions (7/1/01) 224–0020 Definitions (10/14/99) 224–0030 Procedural Requirements (7/1/01) 224–0040 Review of New Sources and Modifications for Compliance with Regulations (7/1/01) 224–0050 Requirements for Sources in Nonattainment Areas (7/1/01) 224–0060 Requirements for Sources in Maintenance Areas (10/8/02) 224–0070 Prevention of Significant Deterioration Requirements for Sources in Attainment or Unclassified Areas (10/8/02) 224–0080 Exemptions (7/1/01) 224–0100 Fugitive and Secondary Emissions (7/1/01) Division 225—Air Quality Analysis Requirements 225–0010 Purpose (7/1/01) 225–0020 Definitions (10/8/02 and 10/8/02 thru 4/6/03) 225–0030 Procedural Requirements (7/1/01) 225–0040 Air Quality Models (7/1/01) 225–0045 Requirements for Analysis in Maintenance Areas (10/8/02) 225–0050 Requirements for Analysis in PSD Class II and Class III Areas (10/8/02) 225–0060 Requirements for Demonstrating Compliance with Standards and Increments in PSD Class I Areas (10/8/02) 225–0070 Requirements for Demonstrating Compliance with AQRV Protection (7/1/01) 225–0090 Requirements for Demonstrating a Net Air Quality Benefit (10/8/02 and 10/8/02 thru 4/6/03) Division 226—General Emission Standards 226–0010 Definitions (7/1/01) Highest and Best Practicable Treatment and Control 226–0100 Policy and Application (7/1/01) 226–0110 Pollution Prevention (7/1/01) 226–0120 Operating and Maintenance Requirements (7/1/01) 226–0130 Typically Achievable Control Technology (7/1/01) 226–0140 Additional Control Requirements for Stationary Sources of Air Contaminants (7/1/01) Grain Loading Standards 226–0200 Applicability (10/14/99) 226–0210 Particulate Emission Limitations for Sources Other Than Fuel Burning and Refuse Burning Equipment (7/1/01) Particulate Emissions From Process Equipment 226–0300 Applicability (7/1/01) 226–0310 Emission Standard (7/1/01) 226–0320 Determination of Process Weight (7/1/01) Alternative Emission Controls 226–0400 Alternative Emission Controls (Bubble) (7/1/01) Division 228—Requirements for Fuel Burning Equipment and Fuel Sulfur Content 228–0010 Applicability (10/14/99) 228–0020 Definitions (10/14/99) Sulfur Content of Fuels 228–0100 Residual Fuel Oils (10/14/99) 228–0110 Distillate Fuel Oils (10/14/99) 228–0120 Coal (10/14/99) 228–0130 Exemptions (10/14/99) General Emission Standards for Fuel Burning Equipment 228–0200 Sulfur Dioxide Standards (10/14/99) 228–0210 Grain Loading Standards (10/14/99) Division 232—Emission Standards for VOC Point Sources 232–0010 Introduction (10/14/99) 232–0020 Applicability (10/14/99) 232–0030 Definitions (6/1/01) 232–0040 General Non-categorical Requirements (10/14/99) 232–0050 Exemptions (10/14/99) 232–0060 Compliance Determination (10/14/99) 232–0070 Gasoline Dispensing Facilities (10/14/99) 232–0080 Bulk Gasoline Plants (10/14/99) 232–0085 Gasoline Delivery Vessel(s) (10/14/99) 232–0090 Bulk Gasoline Terminals (10/14/99) 232–0100 Testing Vapor Transfer and Collection Systems (10/14/99) 232–0110 Loading Gasoline onto Marine Tank Vessels (6/1/01) 232–0120 Cutback and Emulsified Asphalt (10/14/99) 232–0130 Petroleum Refineries (10/14/99) 232–0140 Petroleum Refinery Leaks (10/14/99) 232–0150 Liquid Storage (10/14/99) 232–0160 Surface Coating in Manufacturing (10/14/99) 232–0170 Aerospace Component Coating Operations (10/14/99) 232–0180 Degreasers (10/14/99) 232–0190 Open Top Vapor Degreasers (10/14/99) 232–0200 Conveyorized Degreasers (10/14/99) 232–0210 Asphaltic and Coal Tar Pitch Used for Roofing Coating (10/14/99) 232–0220 Flat Wood Coating (10/14/99) 232–0230 Rotogravure and Flexographic Printing (10/14/99) 232–0240 Perchloroethylene Dry Cleaning (10/14/99) Division 234—Emission Standards for Wood Products Industries 234–0010 Definitions, excluding (25), (28)(a) & (46) (10/14/99) Wigwam Waste Burners 234–0100 Statement of Policy and Applicability (10/14/99) 234–0110 Authorization to Operate a Wigwam Burner (10/14/99) 234–0120 Emission and Operation Standards for Wigwam Waste Burners (10/14/99) 234–0130 Monitoring and Reporting (10/14/99) 234–0140 Existing Administrative Agency Orders (10/14/99) Kraft Pulp Mills 234–0200 Statement of Policy and Applicability (10/14/99) 234–0210 Emission Limitations, excluding (1) (10/14/99) 234–0220 More Restrictive Emission Limits (10/14/99) 234–0230 Plans and Specifications (10/14/99) 234–0240 Monitoring, excluding (2) (10/14/99) 234–0250 Reporting, excluding (1) & (2) (10/14/99) 234–0260 Upset Conditions, excluding (3)(a)(A) & (3)(b)(A) (10/14/99) 234–0270 Chronic Upset Conditions (10/14/99) Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills 234–0300 Applicability (10/14/99) 234–0310 Emission Limitations, excluding (1) (10/14/99) 234–0320 More Restrictive Emission Limits, excluding (2) (10/14/99) 234–0330 Plans and Specifications (10/14/99) 234–0340 Monitoring, excluding (2) (10/14/99) 234–0350 Reporting, excluding (1) (10/14/99) 234–0360 Upset Conditions, excluding (3)(a)(A) (10/14/99) Sulfite Pulp Mills 234–0400 Statement of Policy and Applicability (10/14/99) 234–0410 Minimum Emission Standards (10/14/99) 234–0420 Monitoring and Reporting (10/14/99) 234–0430 Exceptions (10/14/99) Board Products Industries (Veneer, Plywood, Particleboard, Hardboard) 234–0500 Applicability and General Provisions (10/14/99) 234–0510 Veneer and Plywood Manufacturing Operations (10/14/99) 234–0520 Particleboard Manufacturing Operations (10/14/99) 234–0530 Hardboard Manufacturing Operations (10/14/99) Division 236—Emission Standards for Specific Industries 236–0010 Definitions (10/14/99) Primary Aluminum Standards 236–0100 Statement of Purpose (10/14/99) 236–0110 Applicability (10/14/99) 236–0120 Emission Standards, excluding (1)(a), (3)(a), & (3)(e) (10/14/99) 236–0130 Special Problem Areas (10/14/99) 236–0140 Monitoring, excluding references to fluorides (10/14/99) 236–0150 Reporting, excluding (1)(d) and (1)(e) (10/14/99) Laterite Ore Production of Ferronickel 236–0200 Statement of Purpose (10/14/99) 236–0210 Applicability (10/14/99) 236–0220 Emission Standards (10/14/99) 236–0230 Monitoring and Reporting (10/14/99) Hot Mix Asphalt Plants 236–0400 Applicability (10/14/99) 236–0410 Control Facilities Required (10/14/99) 236–0420 Other Established Air Quality Limitations (10/14/99) 236–0430 Portable Hot Mix Asphalt Plants (10/14/99) 236–0440 Ancillary Sources of Emission—Housekeeping of Plant Facilities (10/14/99) Division 240—Rules for Areas With Unique Air Quality Needs 240–0010 Purpose (10/14/99) 240–0020 Emission Limitations (7/1/01) 240–0030 Definitions (7/1/01) The Medford-Ashland Air Quality Maintenance Area and the Grants Pass Urban Growth Area 240–0100 Applicability (10/14/99) 240–0110 Wood Waste Boilers (7/1/01) 240–0120 Veneer Dryer Emission Limitations (7/1/01) 240–0130 Air Conveying Systems (Medford-Ashland AQMA Only) (7/1/01) 240–0140 Wood Particle Dryers at Particleboard Plants (7/1/01) 240–0150 Hardboard Manufacturing Plants (7/1/01) 240–0160 Wigwam Waste Burners (7/1/01) 240–0170 Charcoal Producing Plants (7/1/01) 240–0180 Control of Fugitive Emissions (Medford-Ashland AQMA Only) (7/1/01) 240–0190 Requirement for Operation and Maintenance Plans (Medford-Ashland AQMA Only) (7/1/01) 240–0200 Emission-Limits Compliance Schedules (7/1/01) 240–0210 Continuous Monitoring (7/1/01) 240–0220 Source Testing (7/1/01) 240–0230 New Sources (7/1/01) 240–0240 Rebuilt Boilers (7/1/01) 240–0250 Open Burning (7/1/01) 240–0270 Dual-Fueling Feasibility Study for Wood-Waste Boilers (7/1/01) La Grande Urban Growth Area 240–0300 Applicability (10/14/99) 240–0310 Compliance Schedule for Existing Sources (7/1/01) 240–0320 Wood-Waste Boilers (7/1/01) 240–0330 Wood Particle Dryers at Particleboard Plants (7/1/01) 240–0340 Hardboard Manufacturing Plants (7/1/01) 240–0350 Air Conveying Systems (7/1/01) 240–0360 Fugitive Emissions (7/1/01) The Lakeview Urban Growth Area 240–0400 Applicability (7/1/01) 240–0410 Control of Fugitive Emissions (7/1/01) 240–0420 Requirement for Operation and Maintenance Plans (7/1/01) 240–0430 Source Testing (7/1/01) 240–0440 Open Burning (7/1/01) Division 242—Rules Applicable to the Portland Area Employee Commute Options Program 242–0010 What is the Employee Commute Options Program? (10/14/99) 242–0020 Who is subject to ECO? (10/14/99) 242–0030 What Does ECO Require? (10/14/99) 242–0040 How does the Department Enforce ECO? (10/14/99) 242–0050 Definitions of Terms used in these Rules (10/14/99) 242–0060 Should All Employees at a Work Site Be Counted? (10/14/99) 242–0070 What are the Major Requirements of ECO? (10/14/99) 242–0080 What are the Registration Requirements? (10/14/99) 242–0090 What are the Requirements for an Employee Survey? (10/14/99) 242–0100 Special Requirements for Employers Intending to Comply without an Approved Plan (10/14/99) 242–0110 What if the Employer Does Not Meet the Target Auto Trip Rate? (10/14/99) 242–0120 How Will Employers Demonstrate Progress Toward the Target Auto Trip Rate? (10/14/99) 242–0130 What Is the Schedule Employers Must Follow To Implement ECO? (10/14/99) 242–0140 How Should Employers Account for Changes in Work Force Size? (10/14/99) 242–0150 How Can an Employer Reduce Auto Commute Trips to a Work Site? (10/14/99) 242–0160 What Should be Included in an Auto Trip Reduction Plan? (10/14/99) 242–0170 When Will the Department Act on a Submitted Auto Trip Reduction Plan? (10/14/99) 242–0180 What is a Good Faith Effort? (10/14/99) 242–0190 How Does the ECO Program Affect New Employers, Expanding Employers and Employers Relocating Within the Portland AQMA? (10/14/99) 242–0200 Can A New or Relocating Employer Comply with ECO Through Restricted Parking Ratios? (10/14/99) 242–0210 Can An Existing Employer Comply With ECO Through Restricted Parking Ratios? (10/14/99) 242–0220 What if an Employer Has More Than One Work Site Within The Portland AQMA? (10/14/99) 242–0230 Can Employers Submit a Joint Plan? (10/14/99) 242–0240 Are There Alternatives to Trip Reduction? (10/14/99) 242–0250 What Alternatives Qualify as Equivalent Emission Reductions? (10/14/99) 242–0260 Can Employers Get Credit For Existing Trip Reduction Programs? (10/14/99) 242–0270 Are Exemptions Allowed If An Employer Is Unable to Reduce Trips Or Take Advantage of Alternate Compliance Options? (10/14/99) 242–0280 Participation In the Industrial Emission Management Program (10/14/99) 242–0290 What Kind of Records Must Be Kept and For How Long? (10/14/99) Voluntary Maximum Parking Ratio Program 242–0300 What is the Voluntary Parking Ratio Program? (10/14/99) 242–0310 Who can Participate in the Voluntary Parking Ratio Program? (10/14/99) 242–0320 Definitions of Terms and Land Uses (10/14/99) 242–0330 How Does a Property Owner Comply with the Voluntary Parking Ratio Program? (10/14/99) 242–0340 What are the Incentives for Complying with the Voluntary Parking Ratio Program? (10/14/99) 242–0350 Why do I Need A Parking Ratio Permit? (10/14/99) 242–0360 What is Required to Obtain A Parking Ratio Permit? (10/14/99) 242–0370 How is the Parking Ratio Program Enforced? (10/14/99) 242–0380 When will the Department Act on a Submitted Permit Application? (10/14/99) 242–0390 What are the Applicable Parking Ratios? (10/14/99) Industrial Emission Management Program 242–0400 Applicability (10/14/99) 242–0410 Definition of Terms (10/14/99) 242–0420 Unused PSEL Donation Program (10/14/99) 242–0430 Industrial Growth Allowances (10/14/99) 242–0440 Industrial Growth Allowance Allocation (10/14/99) Gasoline Vapors From Gasoline Transfer and Dispensing Operations 242–0500 Purpose and Applicability (10/14/99) 242–0510 Definitions (10/14/99) 242–0520 General Provisions (10/14/99) Motor Vehicle Refinishing 242–0600 Applicability (10/14/99) 242–0610 Definitions (10/14/99) 242–0620 Requirements for Motor Vehicle Refinishing in Portland AQMA (10/14/99) 242–0630 Inspecting and Testing Requirements (10/14/99) Spray Paint 242–0700 Applicability (10/14/99) 242–0710 Definitions (10/14/99) 242–0720 Spray Paint Standards and Exemptions (10/14/99) 242–0730 Requirements for Manufacture, Sale, and Use of Spray Paint (10/14/99) 242–0740 Recordkeeping and Reporting Requirements (10/14/99) 242–0750 Inspection and Testing Requirements (10/14/99) Area Source Common Provisions 242–0760 Applicability (10/14/99) 242–0770 Compliance Extensions (10/14/99) 242–0780 Exemption from Disclosure to the Public (10/14/99) 242–0790 Future Review (10/14/99) Division 250—General Conformity 250–0010 Purpose (10/14/99) 250–0020 Applicability (10/14/99) 250–0030 Definitions (10/14/99) 250–0040 Conformity Analysis (10/14/99) 250–0050 Reporting Requirements (10/14/99) 250–0060 Public Participation (10/14/99) 250–0070 Frequency of Conformity Determinations (10/14/99) 250–0080 Criteria for Determining Conformity of General Federal Actions (10/14/99) 250–0090 Procedures for Conformity Determinations for General Federal Actions (10/14/99) 250–0100 Mitigation of Air Quality Impacts (10/14/99) Division 252—Transportation Conformity 252–0010 Purpose (10/14/99) 252–0020 Applicability, except (3) (10/14/99) 252–0030 Definitions (10/14/99) 252–0040 Priority (10/14/99) 252–0050 Frequency of Conformity Determinations, except (4) & (5)(b) (10/14/99) 252–0060 Consultation (10/14/99) 252–0070 Content of Transportation Plans (10/14/99) 252–0080 Relationship of Transportation Plan & TIP Conformity with the NEPA Process (10/14/99) 252–0090 Fiscal Constraints for Transportation Plans & TIPs (10/14/99) 252–0100 Criteria & Procedures for Determining Conformity of Transportation Plans, Programs, and Projects: General, except (3) through (6) (10/14/99) 252–0110 Criteria & Procedures: Latest Planning Assumptions (10/14/99) 252–0120 Criteria & Procedures: Latest Emissions Model (10/14/99) 252–0130 Criteria & Procedures: Consultation (10/14/99) 252–0140 Criteria & Procedures: Timely Implementation of TCMs (10/14/99) 252–0150 Criteria & Procedures: Currently Conforming Transportation Plan and TIP (10/14/99) 252–0160 Criteria & Procedures: Projects from a Plan & TIP (10/14/99) 252–0170 Criteria & Procedures: Localized CO and PM–10 Violations (Hot spots) (10/14/99) 252–0180 Criteria & Procedures: Compliance w/PM–10 Control Measures (10/14/99) 252–0190 Criteria & Procedures: Motor vehicle Emissions Budget, except (5) (10/14/99) 252–0200 Criteria & Procedures: Emission Reductions in Areas Without Motor Vehicle Emissions Budgets, except (6)(c) (10/14/99) 252–0210 Consequences of Control Strategy Implementation Plan Failures, except (1)(b) (10/14/99) 252–0220 Requirements for Adoption or Approval of Projects by Other Recipients of Funds Designated under Title 23 U.S.C. or the Federal Transit Laws, except (1)(a) & (2) (10/14/99) 252–0230 Procedures for Determining Regional Transportation-Related Emissions (10/14/99) 252–0240 Procedures for Determining Localized CO and PM–10 Concentrations (Hot-Spot Analysis) (10/14/99) 252–0250 Using the Motor Vehicle Emissions Budget in the Applicable Implementation Plan (or Implementation Plan Submission), except (2) (10/14/99) 252–0260 Enforceability of Design Concept and Scope and Project-Level Mitigation and Control Measures (10/14/99) 252–0270 Exempt Projects (10/14/99) 252–0280 Projects Exempt from Regional Emissions Analyses (10/14/99) 252–0290 Traffic Signal Synchronization Projects (10/14/99) Division 258—Motor Vehicle Fuel Specifications 258–0010 Definitions (10/14/99) Oxygenated Gasoline 258–0100 Policy (10/14/99) 258–0110 Purpose and General Requirements (10/14/99) 258–0120 Sampling & Testing for Oxygen Content (10/14/99) 258–0130 Compliance Options (10/14/99) 258–0140 Per Gallon Oxygen Content Standard (10/14/99) 258–0150 Average Oxygen Content Standard (10/14/99) 258–0160 Minimum Oxygen Content (10/14/99) 258–0170 Oxygenated Gasoline Blending (10/14/99) 258–0180 Registration (10/14/99) 258–0190 CAR, Distributor and Retail Outlet Operating Permits (10/14/99) 258–0200 Owners of Gasoline at Terminals, Distributors and Retail Outlets Required to Have Indirect Source Operating Permits (10/14/99) 258–0210 Recordkeeping (10/14/99) 258–0220 Reporting (10/14/99) 258–0230 Prohibited Activities (10/14/99) 258–0240 Inspection and Sampling (10/14/99) 258–0250 Liability for Violation of a Prohibited Activity (10/14/99) 258–0260 Defenses for Prohibited Activities (10/14/99) 258–0270 Inability to Produce Conforming Gasoline Due to Extraordinary Circumstances (10/14/99) 258–0280 Quality Assurance Program (10/14/99) 258–0290 Attest Engagements Guidelines when Prohibited Activities Alleged (10/14/99) 258–0300 Dispenser Labeling (10/14/99) 258–0310 Contingency Provision for Carbon Monoxide Nonattainment Areas (10/14/99) Standard for Automotive Gasoline 258–0400 Reid Vapor Pressure for Gasoline (10/14/99) Division 262—Residential Woodheating 262–0010 Purpose (10/14/99) 262–0020 Definitions (10/14/99) Woodstove Sales 262–0030 Requirements for Sale of Woodstoves (10/14/99) 262–0040 Exemptions (10/14/99) Woodstove Certification Program 262–0100 Applicability (10/14/99) 262–0110 Emissions Performance Standards and Certification (10/14/99) 262–0120 General Certification Procedures (10/14/99) 262–0130 Labeling Requirements (10/14/99) Woodburning Curtailment 262–0200 Applicability (10/14/99) 262–0210 Determination of Air Stagnation Conditions (10/14/99) 262–0220 Prohibition on Woodburning During Periods of Air Stagnation (10/14/99) 262–0230 Public Information Program (10/14/99) 262–0240 Enforcement (10/14/99) 262–0250 Suspension of Department Program (10/14/99) Woodstove Removal Contingency Program 262–0300 Applicability (10/14/99) 262–0310 Removal and Destruction of Uncertified Stove Upon Sale of Home (10/14/99) 262–0320 Home Seller's Responsibility to Verify Stove Destruction (10/14/99) 262–0330 Home Seller's Responsibility to Disclose (10/14/99) Division 266—Field Burning Rules (Willamette Valley) 266–0010 Introduction (10/14/99) 266–0020 Policy (10/14/99) 266–0030 Definitions (10/14/99) 266–0040 General Requirements (10/14/99) 266–0050 Registration, Permits, Fees, Records (10/14/99) 266–0060 Acreage Limitations, Allocations (10/14/99) 266–0070 Daily Burning Authorization Criteria (10/14/99) 266–0080 Burning by Public Agencies (Training Fires) (10/14/99) 266–0090 Preparatory Burning (10/14/99) 266–0100 Experimental Burning (10/14/99) 266–0110 Emergency Burning, Cessation (10/14/99) 266–0120 Propane Flaming (10/14/99) 266–0130 Stack Burning (10/14/99) Division 268—Emission Reduction Credits 268–0010 Applicability (7/1/01) 268–0020 Definitions (10/14/99) 268–0030 Emission Reduction Credits (7/1/01) 3.2 Lane Regional Air Pollution Authority Regulations (LRAPA effective date)/EPA SIP effective date Title 11 Policy and General Provisions 11–005 Policy (10–9–79)/11–8–93 11–010 Construction and Validity (10–9–79)/11–8–93 Title 12 Definitions (3–8–94)/October 2, 2001 Title 16 Home Wood Heating Curtailment Program Enforcement 16–001 Purpose (7–13–93)/10–24–94 16–010 Definitions (7–13–93)/10–24–94 16–100 Civil Penalty Schedule (7–13–93)/10–24–94 16–110 Classification of Violations (7–13–93)/10–24–94 16–120 Notice of Violation (7–13–93)/10–24–94 16–130 Appeal of Civil Penalty (7–13–93)/10–24–94 16–140 Conducting Contested Case Evidentiary Hearings (7–13–93)/10–24–94 16–150 Evidentiary Rules (7–13–93)/10–24–94 16–160 Final Orders (7–13–93)/10–24–94 16–170 Default Orders (7–13–93)/10–24–94 Title 30 Incinerator Regulations 30–005 Purpose and Applicability (3–8–94)/October 2, 2001 30–010 Definitions (3–8–94)/October 2, 2001 30–015 Best Available Control Technology for Solid and Infectious Waste Incinerators (3–8–94)/October 2, 2001 30–020 Emission Limitations for Solid and Infectious Waste Incinerators *except for sections (2) & (8) (3–8–94)/October 2, 2001 30–025 Design and Operation for Solid and Infectious Waste Incinerators *except for section (9) (3–8–94)/October 2, 2001 30–030 Continuous Emission Monitoring for Solid and Infectious Waste Incinerators *except for sections (1)(I) & (2)(E) (3–8–94)/October 2, 2001 30–035 Reporting and Testing for Solid and Infectious Waste Incinerators (3–8–94)/October 2, 2001 30–040 Compliance for Solid and Infectious Waste Incinerators (3–8–94)/October 2, 2001 30–045 Emission Limitations of Crematory Incinerators *except for section (3) (3–8–94)/October 2, 2001 30–050 Design and Operation of Crematory Incinerators (3–8–94)/October 2, 2001 30–055 Monitoring and Reporting for Crematory Incinerators (3–8–94)/October 2, 2001 30–060 Compliance of Crematory Incinerators (3–8–94)/October 2, 2001 Title 32 Emission Standards 32–001 Definitions (11–10–94)/October 2, 2001 32–005 Highest and Best Practicable Treatment and Control Required (11–10–94)/October 2, 2001 32–006 Pollution Prevention (11–10–94)/October 2, 2001 32–007 Operating and Maintenance Requirements (11–10–94)/October 2, 2001 32–008 Typically Achievable Control Technology (TACT) (11–10–94)/October 2, 2001 32–009 Additional Control Requirements for Stationary Sources of Air Contaminants (11–10–94)/October 2, 2001 32–010 Visible Air Contaminant Limitations (11–10–94)/October 2, 2001 32–015 Particulate Matter Weight Standards (11–10–94)/October 2, 2001 32–020 Particulate Matter Weight Standards—Existing Combustion Sources (11–10–94)/October 2, 2001 32–030 Particulate Matter Weight Standards—New Combustion Sources (11–10–94)/October 2, 2001 32–045 Process Weight Emission Limitations (11–10–94)/ October 2, 2001 32–055 Particulate Matter Size Standard (11–10–94)/October 2, 2001 32–060 Airborne Particulate Matter (9–14–82)/11–8–93 32–060 Air Conveying Systems (11–10–94)/October 2, 2001 32–065 Sulfur Content of Fuels (11–10–94)/October 2, 2001 32–070 Sulfur Dioxide Emission Limitations (11–10–94)/October 2, 2001 32–090 Other Emissions (11–10–94)/October 2, 2001 Table 1 Table of Allowable Rate of Particulate Emissions—Based on Process Weight (11–10–94)/October 2, 2001 Title 33 Prohibited Practices and Control of Special Classes of Industry 33–030 Concealment and Masking of Emissions(11–10–94)/October 2, 2001 33–045 Gasoline Tanks (11–10–94)/October 2, 2001 33–060 Board Products Industries (Hardwood, Particleboard, Plywood, Veneer) (11–10–94)/October 2, 2001 33–065 Charcoal Producing Plants (11–10–94)/October 2, 2001 33–070 Kraft Pulp Mills *except sections (1)(Definitions of Non-Condensibles, Other Sources, and Total Reduced Sulfur (TRS)), (3)(A), (6)(B), (7)(A), (7)(B), (8)(C)(1)(a), & (8)(C)(2)(a) (11–10–94)/October 2, 2001 33–075 Hot Mix Asphalt Plants (11–10–94)/October 2, 2001 Title 34 Stationary Source Rules and Permitting Procedures 34–001 General Policy and Rule Organization (6–13–00)/October 2, 2001 34–005 Definitions (6–13–00)/October 2, 2001 Rules Applicable to All Stationary Sources 34–010 Applicability (6–13–00)/October 2, 2001 34–015 Request for Information (6–13–00)/October 2, 2001 34–020 Information Exempt from Disclosure (6–13–00)/October 2, 2001 34–030 Source Registration (6–13–00)/October 2, 2001 34–040 Compliance Schedules for Existing Sources Affected by New Rules (6–13–00)/October 2, 2001 Rules Applicable to Sources Required To Have ACDP or Title V Operating Permits 34–050 Applicability (6–13–00)/October 2, 2001 34–060 Plant Site Emission Limit Rules (6–13–00)/October 2, 2001 *except for sections (6) and (8) 34–070 Sampling, Testing and Monitoring of Air Contaminant Emissions (6–13–00)/October 2, 2001 Rules Applicable to Sources Required To Have Air Contaminant Discharge Permits (ACDP) 34–090 Purpose and Applicability (6–13–00)/October 2, 2001 34–100 Permit Categories (6–13–00)/October 2, 2001 34–110 Permit Required (6–13–00)/October 2, 2001 34–120 Synthetic Minor Sources (6–13–00)/October 2, 2001 34–130 General Procedures for Obtaining ACDP Permits (6–13–00)/October 2, 2001 34–140 Permit Duration (6–13–00)/October 2, 2001 34–150 ACDP Fees (6–13–00)/October 2, 2001 Table A Air Contaminant Sources and Associated Fee Schedule (6–13–00)/October 2, 2001 Title 38 New Source Review 38–001 General Applicability (2–13–90)/11–8–93 38–005 Definitions (2–13–90)/11–8–93 38–010 General Requirements for Major Sources and Major Modifications (2–13–90)/11–8–93 38–015 Additional Requirements for Major Sources or Major Modifications Located in Nonattainment Areas (2–13–90)/11–8–93 38–020 Additional Requirements for Major Sources or Major Modifications in Attainment or Unclassified Areas (Prevention of Significant Deterioration) (2–13–90)/11–8–93 38–025 Exemptions for Major Sources and Major Modifications (2–13–90)/11–8–93 38–030 Baseline for Determining Credits for Offsets (2–13–90)/11–8–93 38–035 Requirements for Net Air Quality Benefit for Major Sources and Major Modifications (2–13–90)/11–8–93 38–040 Emission Reduction Credit Banking (2–13–90)/11–8–93 38–045 Requirements for Non-Major Sources and Non-Major Modifications (2–13–90)/11–8–93 38–050 Stack Height and Dispersion Techniques (2–13–90)/11–8–93 Title 39 Contingency for PM10 Sources in Eugene-Springfield Non-Attainment Area 39–001 Purpose (11–13–91)/10–24–94 39–005 Relation to Other Rules (11–13–91)/10–24–94 39–010 Applicability (11–13–91)/10–24–94 39–015 Definitions (11–13–91)/10–24–94 39–020 Compliance Schedule for Existing Sources (11–13–91)/10–24–94 39–025 Wood-Waste Boilers (11–13–91)/10–24–94 39–030 Veneer Dryers (11–13–91)/10–24–94 39–035 Particleboard Plants and Wood Particle Dryers (11–13–91)/10–24–94 39–040 Kraft Pulp Mills (11–13–91)/10–24–94 39–050 Air Conveying Systems (11–13–91)/10–24–94 39–055 Fugitive Dust (11–13–91)/10–24–94 39–060 Open Burning (11–13–91)/10–24–94 Title 47 Rules for Open Outdoor Burning 47–001 General Policy (8–14–84)/11–8–93 47–005 Statutory Exemptions from These Rules (8–14–84)/11–8–93 47–010 Definitions (1–1–93)/3–13–95 47–015 Open Burning Requirements (1–1–93)/3–13–95 47–020 Letter Permits (1–1–93)/3–13–95 47–030 Summary of Seasons, Areas, and Permit Requirements for Open Outdoor Burning (1–1–93)/3–13–95 Title 50 Ambient Air Standards 50–005 General (7–12–88)/11–8–93 50–015 Suspended Particulate Matter (7–12–88)/11–8–93 50–025 Sulfur Dioxide (7–12–88)/11–8–93 50–030 Carbon Monoxide (7–12–88)/11–8–93 50–035 Ozone (7–12–88)/11–8–93 50–040 Nitrogen Dioxide (7–12–88)/11–8–93 50–045 Lead (7–12–88)/11–8–93 Title 51 Air Pollution Emergencies 51–005 Introduction (7–12–88)/11–8–93 51–010 Episode Criteria (7–12–88)/11–8–93 51–015 Emission Reduction Plans (7–12–88)/11–8–93 51–020 Preplanned Abatement Strategies (7–12–88)/11–8–93 51–025 Implementation (7–12–88)/11–8–93 Table I Air Pollution Episode, Alert Condition Emission Reduction Plan (7–12–88)/11–8–93 Table II Air Pollution Episode, Warning Conditions Emission Reduction Plan (7–12–88)/11–8–93 3.3 OAR Chapter 629–43–043 Smoke Management Plan Administrative Rules (12–12–86) 4. Control Strategies for Nonattainment Areas (1–86) 4.1 Portland-Vancouver AQMA-Total Suspended Particulate (12–19–80) 4.2 Portland-Vancouver AQMA-Carbon Monoxide (7–16–82) 4.3 Portland-Vancouver AQMA-Ozone (7–16–82) 4.4 Salem Nonattainment Area-Carbon Monoxide (7–79) 4.5 Salem Nonattainment Area-Ozone (9–19–80) 4.6 Eugene-Springfield AQMA-Total Suspended Particulate (1–30–81) 4.7 Eugene-Springfield AQMA-Carbon Monoxide (6–20–79) 4.8 Medford-Ashland AQMA-Ozone (1–85) 4.9 Medford-Ashland AQMA-Carbon Monoxide (8–82) 4.10 Medford-Ashland AQMA-Particulate Matter (4–83) 4.11 Grants Pass Nonattainment-Carbon Monoxide (10–84) 5. Control Strategies for Attainment and Nonattainment Areas (1–86) 5.1 Statewide Control Strategies for Lead (1–83) 5.2 Visibility Protection Plan (10–24–86) 5.3 Prevention of Significant Deterioration (1–86) 6. Ambient Air Quality Monitoring Program 6.1 Air Monitoring Network (1–86) 6.2 Data Handling and Analysis Procedures (1–86) 6.3 Episode Monitoring (1–86) 7. Emergency Action Plan (1–86) 8. Public Involvement (1–86) 9. Plan Revisions and Reporting (1–86) Volume 3—Appendices Statewide Regulatory Provisions and Administration (Appendix A) Directive 1–4–1–601 Operational Guidance for the Oregon SmokeManagement Program/Slash Burning Smoke Management Plan (App. A1) Field Burning Smoke Management Plan (App. A2) Interagency Memoranda of Understanding Lead Agency Designations (App. A3) Source Sampling Manual (App. A4) Air Quality Monitoring Quality Assurance Procedures Manual (App. A5) Continuous Monitoring Manual (App. A6) Control Strategies for Nonattainment Areas (Appendix B) Portland-Vancouver AQMA (App. B1) Legal Definition of TSP Nonattainment Area Boundaries (App. B1–1) Carbon Monoxide Monitoring Program (App. B1–2) Carbon Monoxide Emission Inventories (App. B1–3) Volatile Organic Compound Emission Inventories (App. B1–4) Input Factors Used to Develop Motor Vehicle EI's (App. B1–5) Salem Nonattainment Area (App. B2) Study Area (App. B2–1) Emission Inventories (App. B2–2) Existing Programs and Plans (App. B2–3) Carbon Monoxide Analysis (App. B2–4) Eugene-Springfield AQMA (App. B3) Unpaved Road Dust Inventory (App. B3–1) Phase II Work Plans (App. B3–2) Medford-Ashland AQMA (App. B4) Legal Description of the Medford-Ashland AQMA (App. B4–1) Documentation of Ozone Standard Attainment Projection (App. B4–2) Air Quality Work Plan (App. B4–3) Volatile Organic Compound Emissions Inventory (App. B4–4) Carbon Monoxide Emission Inventory (App. B4–5) Reasonably Available Transportation Measures (App. B4–6) Description of the Projected TSP Nonattainment Area (App. B4–7) Attainment Dates for Newly Designated Nonattainment Areas (App. B4–8) Statewide Control Strategies (Appendix C) Lead (App. C1) Lead Emission Inventories for Portland-Vancouver AQMA (App. C1–1) [59 FR 25334, May 16, 1994, as amended at 60 FR 2692, Jan. 11, 1995; 66 FR 40620, Aug. 3, 2001; 68 FR 2904, Jan. 22, 2003] §§ 52.1978-52.1981 [Reserved] top § 52.1982 Control strategy: Ozone. top (a) Part D—Approval. (1) The Salem/ Portland and Medford/Ashland area attainment plans are approved as satisfying Part D requirements with the following clarification as to their implementation: (i) DEQ source test method 24 will be used in conjunction with method 25 for determining compliance of surface coating operations. (ii) The phrase “in most cases” in rule OAR 340–232–0060(1) applies to approximately 1,200 gasoline service stations where compliance is determined by observing whether specific emission control equipment, selected from a specific list on file at DEQ, is in place and operating properly. [46 FR 54940, Nov. 5, 1981, as amended at 68 FR 2909, Jan. 22, 2003] §§ 52.1983-52.1986 [Reserved] top § 52.1987 Significant deterioration of air quality. top (a) The Oregon Department of Environmental Quality rules for the prevention of significant deterioration of air quality (provisions of OAR chapter 340, Divisions 200, 202, 209, 212, 216, 222, 224, 225, and 268), as in effect on October 8, 2002, are approved as meeting the requirements of title I, part C, subpart 1 of the Clean Air Act, as in effect on July 1, 2002, for preventing significant deterioration of air quality. (b) The Lane Regional Air Pollution Authority rules for permitting new and modified major stationary sources (Title 38 New Source Review) are approved, in conjunction with the Oregon Department of Environmental Quality rules, in order for the Lane Regional Air Pollution Authority to issue prevention of significant deterioration permits within Lane County. (c) The requirements of sections 160 through 165 of the Clean Air Act are not met for Indian reservations since the plan does not include approvable procedures for preventing the significant deterioration of air quality on Indian reservations and, therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made part of the applicable plan for Indian reservations in the State of Oregon. [58 FR 47391, Sept. 9, 1993, as amended at 62 FR 10462, Mar. 7, 1997; 68 FR 11324, Mar. 10, 2003; 68 FR 2909, Jan. 22, 2003; 68 FR 11324, Mar. 10, 2003; 68 FR 20072, Apr. 24, 2003; 68 FR 74490, Dec. 24, 2003] § 52.1988 Air contaminant discharge permits. top (a) Except for compliance schedules under OAR 340–200–0050, emission limitations and other provisions contained in Air Contaminant Discharge Permits issued by the State in accordance with the provisions of the Federally-approved rules for Air Contaminant Discharge Permits (OAR chapter 340, Division 216), Plant Site Emission Limit (OAR chapter 340, Division 222), Alternative Emission Controls (OAR 340–226–0040) and Public Participation (OAR chapter 340, Division 209), shall be applicable requirements of the Federally-approved Oregon SIP (in addition to any other provisions) for the purposes of section 113 of the Clean Air Act and shall be enforceable by EPA and by any person in the same manner as other requirements of the SIP. Plant site emission limits and alternative emission limits (bubbles) established in Federal Operating Permits issued by the State in accordance with the Federally-approved rules for Plant Site Emission Limit (OAR chapter 340, Division 222) and Alternative Emission Controls (OAR 340–226–0040), shall be applicable requirements of the Federally-approved Oregon SIP (in addition to any other provisions) for the purposes of section 113 of the Clean Air Act and shall be enforceable by EPA and by any person in the same manner as other requirements of the SIP. (b) Emission limitations and other provisions contained in Air Contaminant Discharge Permits and Federal Operating Permits established by the Lane Regional Air Pollution Authority pursuant to the rules applicable to sources required to have ACDP or Title V Operating Permits (Title 34, Sections 050, 060 (except for 060(6) “Plant Site Emission Limits for Sources of Hazardous Air Pollutants” and 060(8) “Alternative Emission Controls (Bubble)”), and 070) and the rules applicable to sources required to have air contaminant discharge permits (ACDP) (Title 34, Sections 090 through 150), shall be applicable requirements of the Federally-approved Oregon SIP (in addition to any other provisions) for the purposes of Section 113 of the Clean Air Act and shall be enforceable by EPA and by any person in the same manner as other requirements of the SIP. [62 FR 10462, Mar. 7, 1997, as amended at 66 FR 40622, Aug. 3, 2001; 68 FR 2909, Jan. 22, 2003] Subpart NN—Pennsylvania top § 52.2020 Identification of plan. top Link to an amendment published at 71 FR 16237, Mar. 31, 2006. (a) Purpose and scope. This section sets forth the applicable State implementation plan for Pennsylvania under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates on or after February 10, 2005, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region III certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of February 10, 2005. (3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA-Approved Regulations. (1) EPA-Approved Pennsylvania Regulations ---------------------------------------------------------------------------------------------------------------- State Additional State citation Title subject effective EPA approval date explanation/§ date 52.2063 citation ---------------------------------------------------------------------------------------------------------------- Title 25. Environmental Protection Article III. Air Resources ---------------------------------------------------------------------------------------------------------------- Chapter 121 General Provisions ---------------------------------------------------------------------------------------------------------------- Section 121.1.................... Definitions........... 12/27/97 2/25/03, 68 FR 8723 (c)(197). Section 121.2.................... Purpose............... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 121.3.................... Applicability......... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 121.4.................... Regional Organization 5/23/92 12/22/94, 59 FR (c)(94). of the Department. 65971. Section 121.7.................... Prohibition of Air 3/20/72 5/31/72, 37 FR (c)(1). Pollution. 10842. Section 121.8.................... Compliance 8/13/77 12/17/79, 44 FR (c)(21); correction responsibilities. 73031. published 8/22/80 (45 FR 56060). Section 121.9.................... Circumvention......... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 121.10................... Existing orders....... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 121.11................... Severability clause... 3/20/72 5/31/72, 37 FR (c)(1); no longer 10842. in PA DEP rules. ---------------------------------------------------------------------------------------------------------------- Chapter 123 Standards for Contaminants ---------------------------------------------------------------------------------------------------------------- Fugitive Emissions ---------------------------------------------------------------------------------------------------------------- Section 123.1(a) through (c)..... Prohibition of certain 8/29/77 12/17/79, 44 FR (c)(21); Paragraph fugitive emissions. 73031. 123.1(d) is not in the SIP. Section 123.2.................... Fugitive particulate 8/13/83 7/27/84, 49 FR (c)(60). matter. 30183. ---------------------------------------------------------------------------------------------------------------- Particulate Matter Emissions ---------------------------------------------------------------------------------------------------------------- Section 123.11................... Combusion units....... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Appendix A [Graph]............... Particulate Matter- 3/20/72 5/31/72, 37 FR (c)(1). Combustion Units. 10842. Section 123.12................... Incinerators.......... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 123.13(a) through (c).... Processes............. 8/27/80 11/13/81, 46 FR (c)(39) paragraph 55971. 123.13(d) is not in the SIP. Appendix B [Graph]............... Particulate Matter- 3/20/72 5/31/72, 37 FR (c)(1). Processes Listed in 10842. Table 1. Appendix C [Graph]............... Particulate Matter- 3/20/72 5/31/72, 37 FR (c)(1). Processes Not Listed 10842. in Table 1. ---------------------------------------------------------------------------------------------------------------- Sulfur Compound Emissions ---------------------------------------------------------------------------------------------------------------- Section 123.21................... General............... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 123.22................... Combustion units. 3/20/72 5/31/72, 37 FR (c)(1). [General 10842. provisions_air basins and non-air basins]. Section 123.22(a)................ Combustion units_non 8/1/79 8/18/81, 46 FR (c)(36); approved Air basins. 43423. as part of the control strategy for the Armstrong County sulfur dioxide nonattainment area. Section 123.22(b)................ Combustion units_Erie 8/1/79 8/8/79, 44 FR 46465 (c)(20); correction Air Basin. published 1/23/80 (45 FR 5303). Section 123.22(c)................ Combustion 10/1/78 6/4/79, 44 FR 31980 (c)(18). units_Southeast PA Air Basin. Section 123.22(c)................ Combustion units_Upper 8/21/82 7/5/83, 48 FR 30630 (c)(53). Beaver Valley Air Basin. Section 123.22(d)................ Combustion units_Lower 1/1/81 12/16/81, 46 FR (c)(40). Beaver Valley Air 61267. Basin. Figure 4 [Graph]................. Sulfur 3/20/72 5/31/72, 37 FR (c)(1). Oxides_Combustion 10842. Units. Section 123.24................... Primary zinc smelters. 8/11/75 4/30/76, 41 FR (c)(14). 18077. Section 123.25................... Monitoring 10/27/90 6/30/93, 58 FR (c)(81). requirements. 34911. ---------------------------------------------------------------------------------------------------------------- Odor Emissions ---------------------------------------------------------------------------------------------------------------- Section 123.31................... Limitations........... 3/20/72 5/31/72, 37 FR (c)(1); SIP version 10842. of Section 123.31 is different from State version. ---------------------------------------------------------------------------------------------------------------- Visible Emissions ---------------------------------------------------------------------------------------------------------------- Section 123.41................... Limitations........... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 123.42 (Except paragraph Exceptions............ 3/20/72 5/31/72, 37 FR (c)(1); Paragraph 123.42(4)). 10842. 123.42(4) is declared not in SIP at (c)(21). Section 123.43................... Measuring Techniques.. 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 123.44................... Limitations of visible 12/27/97 6/11/02, 67 FR (c)(189). fugitive air 39854. contaminants from operation of any coke oven battery. Section 123.45................... Alternative opacity 6/20/81 1/19/83, 48 FR 2319 (c)(48). limitations. Appendix D [Chart]............... Alternative Opcaity 6/20/81 1/19/83, 48 FR 2319 (c)(48). Limitation_Applicatio n. Section 123.46................... Monitoring 6/20/81 1/19/83, 48 FR 2319 (c)(48). requirements. ---------------------------------------------------------------------------------------------------------------- Nitrogen Compound Emissions ---------------------------------------------------------------------------------------------------------------- Section 123.51................... Monitoring 10/20/90 9/23/92, 57 FR (c)(74). requirements. 43905. ---------------------------------------------------------------------------------------------------------------- NOX Allowance Requirements ---------------------------------------------------------------------------------------------------------------- Section 123.101.................. Purpose............... 3/11/00 6/6/00, 65 FR 35840 (c)(145). Section 123.102.................. Source NOX allowance 3/11/00 6/6/00, 65 FR 35840 (c)(145). requirements and NOX allowance control period. Section 123.103.................. General NOX allowance 3/11/00 6/6/00, 65 FR 35840 (c)(145). provisions. Section 123.104.................. Source authorized 3/11/00 6/6/00, 65 FR 35840 (c)(145). account representative requirements. Section 123.105.................. NATS provisions....... 3/11/00 6/6/00, 65 FR 35840 (c)(145). Section 123.106.................. NOX allowance transfer 3/11/00 6/6/00, 65 FR 35840 (c)(145). protocol. Section 123.107.................. NOX allowance transfer 3/11/00 6/6/00, 65 FR 35840 (c)(145). procedures. Section 123.108.................. Source emissions 3/11/00 6/6/00, 65 FR 35840 (c)(145). monitoring requirements. Section 123.109.................. Source emissions 3/11/00 6/6/00, 65 FR 35840 (c)(145). reporting requirements. Section 123.110.................. Source compliance 3/11/00 6/6/00, 65 FR 35840 (c)(145). requirements. Section 123.111.................. Failure to meet source 3/11/00 6/6/00, 65 FR 35840 (c)(145). compliance requirements. Section 123.112.................. Source operating 3/11/00 6/6/00, 65 FR 35840 (c)(145). permit provision requirements. Section 123.113.................. Source recordkeeping 3/11/00 6/6/00, 65 FR 35840 (c)(145). requirements. Section 123.114.................. General NOX allocation 3/11/00 6/6/00, 65 FR 35840 (c)(145). provisions. Section 123.115.................. Initial NOX allowance 3/11/00 6/6/00, 65 FR 35840 (c)(145). NOX allocations. Section 123.116.................. Source opt-in 3/11/00 6/6/00, 65 FR 35840 (c)(145). provisions. Section 123.117.................. New NOX affected 3/11/00 6/6/00, 65 FR 35840 (c)(145). source provisions. Section 123.118.................. Emission reduction 3/11/00 6/6/00, 65 FR 35840 (c)(145). credit provisions. Section 123.119.................. Bonus NOX allowance 3/11/00 6/6/00, 65 FR 35840 (c)(145). awards. Section 123.120.................. Audit................. 3/11/00 6/6/00, 65 FR 35840 (c)(145). Appendix E [Chart]............... Appendix E [NOX 3/11/00 6/6/00, 65 FR 35840 (c)(145). Allowances Chart]. ---------------------------------------------------------------------------------------------------------------- Chapter 126 Standard for Motor Fuels Subchapter A. Oxygenate Content of Gasoline ---------------------------------------------------------------------------------------------------------------- Section 126.101.................. General............... 8/19/95 12/17/99, 64 FR (c)(142). 70589. Section 126.102.................. Sampling and testing.. 8/19/95 12/17/99, 64 FR (c)(142). 70589. Section 126.103.................. Recordkeeping and 8/19/95 12/17/99, 64 FR (c)(142). reporting. 70589. Section 126.104.................. Labeling requirements. 8/19/95 12/17/99, 64 FR (c)(142). 70589. ---------------------------------------------------------------------------------------------------------------- Subchapter C. Gasoline Volatility Requirements ---------------------------------------------------------------------------------------------------------------- Section 126.301 (a) through (c).. Compliant fuel 11/1/97 6/8/98, 63 FR 31116 (c)(131). requirement. Section 126.302 (Except paragraph Recordkeeping and 11/1/97 6/8/98, 63 FR 31116 (c)(131). (a)(6) pertaining to RFG). reporting. Section 126.303(a)............... Compliance and test 11/1/97 6/8/98, 63 FR 31116 (c)(131). methods. ---------------------------------------------------------------------------------------------------------------- Subchapter D. Motor Vehicle Emissions Control Program General Provisions ---------------------------------------------------------------------------------------------------------------- Section 126.401.................. Purpose............... 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). 72564. Section 126.402.................. NLEV scope and 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). applicability. 72564. ---------------------------------------------------------------------------------------------------------------- Pennsylvania Clean Vehicles Program ---------------------------------------------------------------------------------------------------------------- Section 126.411.................. General Requirements.. 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). 72564. Section 126.412.................. Emission requirements. 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). 72564. Section 126.413.................. Exemptions............ 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). 72564. ---------------------------------------------------------------------------------------------------------------- Applicable Motor Vehicle Testing ---------------------------------------------------------------------------------------------------------------- Section 126.421.................. New motor vehicle 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). certification testing. 72564. Section 126.422.................. New motor vehicle 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). compliance testing. 72564. Section 126.423.................. Assembly line testing. 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). 72564. Section 126.424.................. In-use motor vehicle 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). enforcement testing. 72564. Section 126.425.................. In-use surveillance 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). testing. 72564. ---------------------------------------------------------------------------------------------------------------- Motor Vehicle Manufacturers' Obligations ---------------------------------------------------------------------------------------------------------------- Section 126.431.................. Warranty and recall... 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). 72564. Section 126.432.................. Reporting requirements 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). 72564. ---------------------------------------------------------------------------------------------------------------- Motor Vehicle Dealer Responsibilities ---------------------------------------------------------------------------------------------------------------- Section 126.441.................. Responsibilities of 12/5/98 12/28/99, 64 FR (c)(141)(i)(C). motor-vehicle dealers. 72564. ---------------------------------------------------------------------------------------------------------------- Chapter 127 Construction, Modification, Reactivation, and Operation of Sources Subchapter A. General ---------------------------------------------------------------------------------------------------------------- Section 127.1.................... Purpose............... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.3.................... Operational 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). flexibility. 39497. ---------------------------------------------------------------------------------------------------------------- Subchapter B. Plan Approval Requirements ---------------------------------------------------------------------------------------------------------------- Section 127.11................... Plan approval 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). requirements. 39497. Section 127.11a.................. Reactivation of 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). sources. 39497. Section 127.12................... Content of application 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.12a.................. Compliance review..... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.12b.................. Plan approval terms 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). and conditions. 39497. Section 127.12c.................. Plan approval 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). reporting 39497. requirements. Section 127.13................... Extensions............ 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.13a.................. Plan approval changes 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). for cause. 39497. Section 127.13b.................. Denial of Plan 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). approval application. 39497. Section 127.13c.................. Notice of basis for 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). certain plan approval 39497. decisions. Section 127.14................... Exemptions............ 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.25................... Compliance requirement 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.32................... Transfer of plan 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). approvals. 39497. Section 127.35................... Maximum achievable 11/26/94 7/30/96, 61 FR (c)(110)(i)(C) control technology 39497. standards for hazardous air pollutants. Section 127.36................... Health risk-based 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). emission standards 39497. and operating practice requirements. Section 127.44................... Public Notice......... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.45................... Contents of notice.... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.46................... Filing protests....... 8/13/83 7/27/84, 49 FR (c)(60). 30183. Section 127.47................... Consideration of 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). protests. 39497. Section 127.48................... Conferences and 8/13/83 7/27/84, 49 FR (c)(60). hearings. 30183. Section 127.49................... Conference or hearing 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). procedure. 39497. Section 127.50................... Conference or hearing 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). record. 39497. Section 127.51................... Plan approval 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). disposition. 39497. ---------------------------------------------------------------------------------------------------------------- Subchapter D. Prevention of Significant Deterioration of Air Quality ---------------------------------------------------------------------------------------------------------------- Section 127.81................... Purpose............... 6/18/83 8/21/84, 49 FR (c)(57). 33127. Section 127.82................... Scope................. 6/18/83 8/21/84, 49 FR (c)(57). 33127. Section 127.83................... Adoption of Program... 6/18/83 8/21/84, 49 FR (c)(57). 33127. ---------------------------------------------------------------------------------------------------------------- Subchapter E. New Source Review ---------------------------------------------------------------------------------------------------------------- Section 127.201.................. General requirements.. 1/15/94 12/9/97, 62 FR (c)(107). 64722. Section 127.202.................. Effective date........ 1/15/94 12/9/97, 62 FR (c)(107). 64722. Section 127.203.................. Facilities subject to 1/15/94 12/9/97, 62 FR (c)(107). special permit 64722. requirements. Section 127.204.................. Emissions subject to 1/15/94 12/9/97, 62 FR (c)(107). this subchapter. 64722. Section 127.205.................. Special permit 1/15/94 12/9/97, 62 FR (c)(107). requirements. 64722. Section 127.206.................. ERC general 1/15/94 12/9/97, 62 FR (c)(107). requirements. 64722. Section 127.207.................. ERC generation and 1/15/94 12/9/97, 62 FR (c)(107). creation. 64722. Section 127.208.................. ERC use and transfer 1/15/94 12/9/97, 62 FR (c)(107). requirements. 64722. Section 127.209.................. ERC registry system... 1/15/94 12/9/97, 62 FR (c)(107). 64722. Section 127.210.................. Offset ratios......... 1/15/94 12/9/97, 62 FR (c)(107). 64722. Section 127.211.................. Applicability 1/15/94 12/9/97, 62 FR (c)(107). determination. 64722. Section 127.212.................. Portable facilities... 1/15/94 12/9/97, 62 FR (c)(107). 64722. Section 127.213.................. Construction and 1/15/94 12/9/97, 62 FR (c)(107). demolition. 64722. Section 127.214.................. Exemption............. 1/15/94 12/9/97, 62 FR (c)(107). 64722. Section 127.215.................. Reactivation.......... 1/15/94 12/9/97, 62 FR (c)(107). 64722. Section 127.216.................. Circumvention......... 1/15/94 12/9/97, 62 FR (c)(107). 64722. Section 127.217.................. Clean Air Act Titles 1/15/94 12/9/97, 62 FR (c)(107). III-V applicability. 64722. ---------------------------------------------------------------------------------------------------------------- Subchapter F. Operating Permit Requirements General ---------------------------------------------------------------------------------------------------------------- Section 127.401.................. Scope................. 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.402.................. General provisions.... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.403.................. Permitting of sources 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). operating lawfully 39497. without a permit. Section 127.404.................. Compliance schedule 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). for repermitting. 39497. ---------------------------------------------------------------------------------------------------------------- Permit Applications ---------------------------------------------------------------------------------------------------------------- Section 127.411.................. Content of 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). applications. 39497. Section 127.412.................. Compliance review 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). forms. 39497. Section 127.413.................. Municipal notification 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.414.................. Supplemental 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). information. 39497. ---------------------------------------------------------------------------------------------------------------- Review of Applications ---------------------------------------------------------------------------------------------------------------- Section 127.421.................. Review of Applications 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.422.................. Denial of permits..... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.423.................. Notice of basis for 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). certain operation 39497. permit decisions. Section 127.424.................. Public notice......... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.425.................. Contents of notice.... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.426.................. Filing protests....... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.427.................. Consideration of 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). protest. 39497. Section 127.428.................. Conferences and 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). hearings. 39497. Section 127.429.................. Conference or hearing 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). procedure. 39497. Section 127.430.................. Conference or hearing 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). record. 39497. Section 127.431.................. Operating permit 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). disposition. 39497. ---------------------------------------------------------------------------------------------------------------- Operating Permit Conditions ---------------------------------------------------------------------------------------------------------------- Section 127.441.................. Operating permit terms 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). and conditions. 39497. Section 127.442.................. Reporting requirements 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.443.................. Operating permit 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). requirements. 39497. Section 127.444.................. Compliance 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). requirements. 39497. Section 127.445.................. Operating permit 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). compliance schedules. 39497. Section 127.446.................. Operating permit 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). duration. 39497. Section 127.447.................. Alternate operating 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). scenarios. 39497. Section 127.448.................. Emissions trading at 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). facilities with 39497. Federally enforceable emissions cap. Section 127.449.................. De minimis emission 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). increases. 39497. Section 127.450.................. Administrative 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). operating permit 39497. amendments. ---------------------------------------------------------------------------------------------------------------- Operating Permit Modifications ---------------------------------------------------------------------------------------------------------------- Section 127.461.................. Operating permit 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). changes for cause. 39497. Section 127.462.................. Minor operating permit 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). modifications. 39497. Section 127.463.................. Operating permit 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). revisions to 39497. incorporate applicable standards. Section 127.464.................. Transfer of operating 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). permits. 39497. ---------------------------------------------------------------------------------------------------------------- Subchapter H. General Plan Approvals and Operating Permits General ---------------------------------------------------------------------------------------------------------------- Section 127.601.................. Scope................. 11/26/94 7/30/96, 61 FR (c)(111). 39494. ---------------------------------------------------------------------------------------------------------------- Issuance of General Plan Approvals and General Operating Permits ---------------------------------------------------------------------------------------------------------------- Section 127.611.................. General plan approvals 11/26/94 7/30/96, 61 FR (c)(111). and general operating 39494. permits. Section 127.612.................. Public notice and 11/26/94 7/30/96, 61 FR (c)(111). review period. 39494. ---------------------------------------------------------------------------------------------------------------- Use of General Plan Approvals and Permits ---------------------------------------------------------------------------------------------------------------- Section 127.621.................. Application for use of 11/26/94 7/30/96, 61 FR (c)(111). general plan 39494. approvals and general operating permits. Section 127.622.................. Compliance with 11/26/94 7/30/96, 61 FR (c)(111). general plan 39494. approvals and general operating permits. ---------------------------------------------------------------------------------------------------------------- Subchapter I. Plan Approval and Operating Permit Fees ---------------------------------------------------------------------------------------------------------------- Section 127.701.................. General provisions.... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.702.................. Plan approval fees.... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. Section 127.703.................. Operating permit fees 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). under Subchapter F. 39497. Section 127.707.................. Failure to pay fee.... 11/26/94 7/30/96, 61 FR (c)(110)(i)(C). 39497. ---------------------------------------------------------------------------------------------------------------- Subchapter J. General Conformity ---------------------------------------------------------------------------------------------------------------- Section 127.801.................. Purpose............... 11/9/96 9/29/97, 62 FR (c)(126). 50870. Section 127.802.................. Adoption of Standards. 11/9/96 9/29/97, 62 FR (c)(126). 50870. ---------------------------------------------------------------------------------------------------------------- Chapter 129 Standards for Sources Miscellaneous Sources ---------------------------------------------------------------------------------------------------------------- Section 129.11................... Nitric acid plants.... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 129.12................... Sulfuric acid plants.. 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 129.13................... Sulfur recovery plants 3/20/72 5/31/72, 37 FR (c)(1). 10842. Appendix A....................... Allowable emissions, 4/23/94 3/23/98, 63 FR (c)(129). sulfur oxides_sulfur 13789. recovery plants. Section 129.14................... Open burning 8/9/76 8/19/80, 45 FR (c)(33). operations. 55178. Section 129.15................... Coke pushing 8/29/77; 12/17/79, 44 FR (c)(21); correction operations. 12/31/77 73031. published 8/22/80 45 FR 56060. Section 129.16................... Door maintenance, 12/12/77 7/17/79, 44 FR (c)(19). adjustment and 41429. replacement practices. Section 129.18................... Municipal waste 10/27/90 6/30/93, 58 FR (c)(81). incinerators. 34911. ---------------------------------------------------------------------------------------------------------------- Sources of VOCs ---------------------------------------------------------------------------------------------------------------- Section 129.51................... General............... 4/10/99 6/25/01, 66 FR (c)(155). 33645. Section 129.52................... Surface coating 6/10/00 7/20/01, 66 FR (c)(152). processes. 37908. Section 129.54................... Seasonal operation of 8/3/91 8/11/92, 57 FR (c)(79). auxiliary 35777. incineration equipment. Section 129.55................... Petroleum 6/20/81 1/19/83, 48 FR 2319 (c)(48). refineries_specific sources. Section 129.56................... Storage tanks greater 9/5/98 7/26/00, 65 FR (c)(147). than 40,000 gallons 45920. capacity containing VOCs. Section 129.57................... Storage tanks less 6/20/81 1/19/83, 48 FR 2319 (c)(48). than or equal to 40,000 gallons capacity containing VOCs. Section 129.58................... Petroleum 8/13/83 7/27/84, 49 FR (c)(60). refineries_fugitive 30183. sources. Section 129.59................... Bulk gasoline 8/3/91 8/11/92, 57 FR (c)(79). terminals. 35777. Section 129.60................... Bulk gasoline plants.. 8/3/91 8/11/92, 57 FR (c)(79). 35777. Section 129.61................... Small gasoline storage 8/3/91 8/11/92, 57 FR (c)(79). tank control (Stage I 35777. control). Section 129.62................... General standards for 5/23/94 12/22/94, 59 FR (c)(94). bulk gasoline 65971. terminals, bulk gasoline plants, and small gasoline storage tanks. Section 129.63................... Degreasing operations. 12/22/01 1/16/03, 68 FR 2208 (c)(195)(i)(B)(2). Section 129.64................... Cutback asphalt paving 8/13/83 7/27/84, 49 FR (c)(60). 30183. Section 129.65................... Ethylene production 8/1/79 5/20/80............ (c)(22). plants. Section 129.66................... Compliance schedules 5/23/92 12/22/94, 59 FR (c)(94). and final compliance 65971. dates. Section 129.67................... Graphic arts systems.. 9/5/98 7/26/00, 65 FR (c)(147). 45920. Section 129.68................... Manufacture of 8/3/91 8/11/92, 57 FR (c)(79). synthesized 35777. pharmaceutical products. Section 129.69................... Manufacture of 5/23/92 12/22/94, 59 FR (c)(94). pneumatic rubber 65971. tires. Section 129.71................... Synthetic organic 5/23/92 12/22/94, 59 FR (c)(94). chemical and polymer 65971. manufacturing_fugitiv e sources. Section 129.72................... Manufacture of surface 5/23/92 12/22/94, 59 FR (c)(94). active agents. 65971. Section 129.73................... Aerospace 4/10/99 6/25/01, 66 FR (c)(155). manufacturing and 33645. rework. Section 129.75................... Mobile equipment 11/27/99 8/14/00, 65 FR (c)(148). repair and 49501. refinishing. ---------------------------------------------------------------------------------------------------------------- Mobile Sources ---------------------------------------------------------------------------------------------------------------- Section 129.81................... Organic liquid cargo 9/28/91 9/28/93, 58 FR (c)(84). vessel loading and 50517. ballasting. Section 129.82................... Control of VOCs from 4/10/99 5/21/01, 66 FR (c)(153). gasoline dispensing 27875. facilities (Stage II). ---------------------------------------------------------------------------------------------------------------- Stationary Sources of NOX and VOCs ---------------------------------------------------------------------------------------------------------------- Section 129.91................... Control of major 6/10/00 7/20/01, 66 FR (c)(152). sources of NOX and 37908. VOCs. Section 129.92................... RACT proposal 4/23/94 3/23/98, 63 FR (c)(129). requirements. 13789. Section 129.93 [Except for Presumptive RAC 4/23/94 3/23/98, 63 FR (c)(129). 129.93(c)(6 & 7)]. emission limitations. 13789. Section 129.94................... NOX RACT emission 4/23/94 3/23/98, 63 FR (c)(129). averaging general 13789. requirements. Section 129.95................... Recordkeeping......... 4/23/94 3/23/98, 63 FR (c)(129). 13789. ---------------------------------------------------------------------------------------------------------------- Wood Furniture Manufacturing Operations ---------------------------------------------------------------------------------------------------------------- Section 129.101.................. General provisions and 6/10/00 7/20/01, 66 FR (c)(152). applicability. 37908. Section 129.102.................. Emission standards.... 6/10/00 7/20/01, 66 FR (c)(152). 37908. Section 129.103.................. Work practice 6/10/00 7/20/01, 66 FR (c)(152). standards. 37908. Section 129.104.................. Compliance procedures 6/10/00 7/20/01, 66 FR (c)(152). and monitoring 37908. requirements. Section 129.105.................. Recordkeeping 6/10/00 7/20/01, 66 FR (c)(152). requirements. 37908. Section 129.106.................. Reporting requirements 6/10/00 7/20/01, 66 FR (c)(152). 37908. Section 129.107.................. Special provisions for 6/10/00 7/20/01, 66 FR (c)(152). facilities using an 37908. emissions averaging approach. ---------------------------------------------------------------------------------------------------------------- Chapter 130 Standards for Products Subchapter A Portable Fuel Containers ---------------------------------------------------------------------------------------------------------------- Section 130.101.................. Applicability......... 10/5/02 12/8/04, 69 FR (c)(229); The SIP- 70893. effective date is 2/7/05. Section 130.102.................. Definitions........... 10/5/02 12/8/04, 69 FR (c)(229); The SIP- 70893. effective date is 2/7/05. Section 130.103.................. Performance Standards 10/5/02 12/8/04, 69 FR (c)(229); The SIP- for portable fuel 70893. effective date is containers and spill- 2/7/05. proof spouts. Section 130.104.................. Exemptions............ 10/5/02 12/8/04, 69 FR (c)(229); The SIP- 70893. effective date is 2/7/05. Section 130.105.................. Innovative products... 10/5/02 12/8/04, 69 FR (c)(229); The SIP- 70893. effective date is 2/7/05. Section 130.106.................. Administrative 10/5.02 12/8/04, 69 FR (c)(229); The SIP- requirements. 70893. effective date is 2/7/05. Section 130.107.................. Variances............. 10/5/02 12/8/04, 69 FR (c)(229); The SIP- 70893. effective date is 2/7/05. Section 130.108.................. Test procedures....... 10/05/02 12/8/04, 69 FR (c)(229); The SIP- 70893. effective date is 2/7/05. ---------------------------------------------------------------------------------------------------------------- Subchapter B. Consumer Products General Provisions ---------------------------------------------------------------------------------------------------------------- Section 130.201.................. Applicability......... 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.202.................. Definitions........... 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. ---------------------------------------------------------------------------------------------------------------- Standard ---------------------------------------------------------------------------------------------------------------- Section 130.211.................. Table of standards.... 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.212.................. Products diluted prior 10/5/02 12/8/04, 69 FR (c)(230); The SIP- to use. 70895. effective date is 2/7/05. Section 130.213.................. Products registered 10/5/02 12/8/04, 69 FR (c)(230); The SIP- under FIFRA. 70895. effective date is 2/7/05. Section 130.214.................. Requirements for 10/5/02 12/8/04, 69 FR (c)(230); The SIP- charcoal lighter 70895. effective date is materials. 2/7/05. Section 130.215.................. Requirements for 10/5/02 12/8/04, 69 FR (c)(230); The SIP- aerosol adhesives. 70895. effective date is 2/7/05. Section 130.216.................. Requirements for floor 10/5/02 12/8/04, 69 FR (c)(230); The SIP- wax strippers. 70895. effective date is 2/7/05. ---------------------------------------------------------------------------------------------------------------- Exemptions ---------------------------------------------------------------------------------------------------------------- Section 130.331.................. Products for shipment 10/5/02 12/8/04, 69 FR (c)(230); The SIP- and use outside this 70895. effective date is Commonwealth. 2/7/05. Section 130.332.................. Antiperspirants and 10/5/02 12/8/04, 69 FR (c)(230); The SIP- deodorants. 70895. effective date is 2/7/05. Section 130.333.................. LVP-VOC............... 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.334.................. Products registered 10/5/02 12/8/04, 69 FR (c)(230); The SIP- under FIFRA. 70895. effective date is 2/7/05. Section 130.335.................. Air fresheners........ 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.336.................. Adhesives............. 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.337.................. Bait station 10/5/02 12/8/04, 69 FR (c)(230); The SIP- insecticides. 70895. effective date is 2/7/05. ---------------------------------------------------------------------------------------------------------------- Innovative Products ---------------------------------------------------------------------------------------------------------------- Section 130.351.................. Innovative products 10/5/02 12/8/04, 69 FR (c)(230); The SIP- exemption. 70895. effective date is 2/7/05. Section 130.352.................. Request for exemption. 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. ---------------------------------------------------------------------------------------------------------------- Administrative Requirements ---------------------------------------------------------------------------------------------------------------- Section 130.371.................. Code-dating........... 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.372.................. Most restrictive limit 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.373.................. Additional labeling 10/5/02 12/8/04, 69 FR (c)(230); The SIP- requirements for 70895. effective date is aerosol adhesives. 2/7/05. ---------------------------------------------------------------------------------------------------------------- Reporting Requirements ---------------------------------------------------------------------------------------------------------------- Section 130.391.................. Required reporting of 10/5/02 12/8/04, 69 FR (c)(230); The SIP- information to the 70895. effective date is Department. 2/7/05. Section 130.392.................. Confidentiality....... 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. ---------------------------------------------------------------------------------------------------------------- Variances ---------------------------------------------------------------------------------------------------------------- Section 130.411.................. Application for 10/5/02 12/8/04, 69 FR (c)(230); The SIP- variance. 70895. effective date is 2/7/05. Section 130.412.................. Variance orders....... 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.413.................. Termination of 10/5/02 12/8/04, 69 FR (c)(230); The SIP- variance. 70895. effective date is 2/7/05. Section 130.414.................. Modification of 10/5/02 12/8/04, 69 FR (c)(230); The SIP- variance. 70895. effective date is 2/7/05. ---------------------------------------------------------------------------------------------------------------- Test Methods ---------------------------------------------------------------------------------------------------------------- Section 130.431.................. Testing for compliance 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. ---------------------------------------------------------------------------------------------------------------- ACP for Consumer Products ---------------------------------------------------------------------------------------------------------------- Section 130.451.................. Alternative methods of 10/5/02 12/8/04, 69 FR (c)(230); The SIP- compliance. 70895. effective date is 2/7/05. Section 130.452.................. Exemption............. 10/5/02 12/8/04; 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.453.................. Request for exemption. 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.454.................. Application for an ACP 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.455.................. Recordkeeping and 10/5/02 12/8/04, 69 FR (c)(230); The SIP- availability of 70895. effective date is requested information. 2/7/05. Section 130.456.................. Surplus reductions and 10/5/02 12/8/04, 69 FR (c)(230); The SIP- surplus trading. 70895. effective date is 2/7/05. Section 130.457.................. Limited-use surplus 10/5/02 12/8/04, 69 FR (c)(230); The SIP- reduction credits for 70895. effective date is early reformulations 2/7/05. of ACP products. Section 130.458.................. Reconciliation of 10/5/02 12/8/04, 69 FR (c)(230); The SIP- shortfalls. 70895. effective date is 2/7/05. Section 130.459.................. Notification of 10/5/02 12/8/04, 69 FR (c)(230); The SIP- modifications to an 70895. effective date is ACP by the 2/7/05. responsible ACP party. Section 130.460.................. Modifications that 10/5/02 12/8/04, 69 FR (c)(230); The SIP- require Department 70895. effective date is preapproval. 2/7/05. Section 130.461.................. Other modifications... 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.462.................. Modification of an ACP 10/5/02 12/8/04, 69 FR (c)(230); The SIP- by the Department. 70895. effective date is 2/7/05. Section 130.463.................. Cancellation of an ACP 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. Section 130.464.................. Treatment of 10/5/02 12/8/04, 69 FR (c)(230); The SIP- information. 70895. effective date is 2/7/05. Section 130.465.................. Other applicable 10/5/02 12/8/04, 69 FR (c)(230); The SIP- requirements. 70895. effective date is 2/7/05. ---------------------------------------------------------------------------------------------------------------- Public Hearing Requirements ---------------------------------------------------------------------------------------------------------------- Section 130.471.................. Public hearings....... 10/5/02 12/8/04, 69 FR (c)(230); The SIP- 70895. effective date is 2/7/05. ---------------------------------------------------------------------------------------------------------------- Subchapter C Architectural and Industrial Maintenance Coatings ---------------------------------------------------------------------------------------------------------------- Section 130.601.................. Applicability......... 10/25/03 11/23/04, 69 FR (c)(227). 68080. Section 130.602.................. Definitions........... 10/25/03 11/23/04; 69 FR (c)(227). 68080. Section 130.603.................. Standards............. 10/25/03 11/23/04, 69 FR (c)(227). 68080. Section 130.604.................. Container labeling 10/25/03 11/23/04, 69 FR (c)(227). requirements. 68080. Section 130.605.................. Reporting requirements 10/25/03 11/23/04, 69 FR (c)(227). 68080. Section 130.606.................. Application for 10/25/03 11/23/04, 69 FR (c)(227). variance. 68080. Section 130.607.................. Variance orders....... 10/25/03 11/23/04, 69 FR (c)(227). 68080. Section 130.608.................. Termination of 10/25/03 11/23/04, 69 FR (c)(227). variance. 68080. Section 130.609.................. Extension, 10/25/03 11/23/04, 69 FR (c)(227). modification or 68080. revocation of variance. Section 130.610.................. Public hearings....... 10/25/03 11/23/04, 69 FR (c)(227). 68080. Section 130.611.................. Compliance provisions 10/25/03 11/23/04, 69 FR (c)(227). and test methods. 68080. ---------------------------------------------------------------------------------------------------------------- Chapter 131 Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- Section 131.1.................... Purpose............... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 131.2.................... National Ambient Air 3/20/72 5/31/72, 37 FR (c)(1). Quality Standards. 10842. Section 131.3.................... Ambient air quality 8/13/83 7/27/84, 49 FR (c)(60); Amendment standards. 30183. removed a lead standard provision. The remaining standards are not SIP-related. Section 131.4.................... Application for 3/20/72 5/31/72, 37 FR (c)(1). ambient air quality 10842. standards. ---------------------------------------------------------------------------------------------------------------- Chapter 135 Reporting of Sources General ---------------------------------------------------------------------------------------------------------------- Section 135.1.................... Defintions............ 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 135.2.................... Applicability [of 3/20/72 5/31/72, 37 FR (c)(1). sources]. 10842. Section 135.3.................... Reporting............. 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 135.4.................... Reporting forms and 3/20/72 5/31/72, 37 FR (c)(1). guides. 10842. Section 135.5.................... Recordkeeping......... 10/10/92 1/12/95, 60 FR 2081 (c)(96). ---------------------------------------------------------------------------------------------------------------- Emission Statements ---------------------------------------------------------------------------------------------------------------- Section 135.21................... Emission statements... 10/10/92 1/12/95, 60 FR 2081 (c)(96). ---------------------------------------------------------------------------------------------------------------- Chapter 137 Air Pollution Episodes General ---------------------------------------------------------------------------------------------------------------- Section 137.1.................... Purpose............... 1/28/72 5/31/72, 37 FR (c)(1). 10842. Section 137.2.................... Monitoring facilities. 1/28/72 5/31/72, 37 FR (c)(1). 10842. Section 137.3.................... Episode criteria...... 6/9/90 6/16/93, 58 FR (c)(75). 33203. Section 137.4.................... Standby plans......... 12/27/97 6/11/02, 67 FR (c)(189). 39854. Section 137.5.................... Implementation of 1/28/72 5/31/72, 37 FR (c)(1). emission reduction 10842. procedures. ---------------------------------------------------------------------------------------------------------------- Level Actions ---------------------------------------------------------------------------------------------------------------- Section 137.11................... Forecast level actions 1/28/72 5/31/72, 37 FR (c)(1). 10842. Section 137.12................... Alert level actions... 1/28/72 5/31/72, 37 FR (c)(1). 10842. Section 137.13................... Warning level actions. 1/28/72 5/31/72, 37 FR (c)(1). 10842. Section 137.14................... Emergency level 1/28/72 5/31/72, 37 FR (c)(1). actions. 10842. ---------------------------------------------------------------------------------------------------------------- Chapter 139 Sampling and Testing Subchapter A. Sampling and Testing Methods and Procedures General ---------------------------------------------------------------------------------------------------------------- Section 139.1.................... Sampling by facilities 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 139.2.................... Sampling by others.... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 139.3.................... General requirements.. 8/1/79 8/8/79, 44 FR 46465 (c)(20); Correction published 1/23/80 (45 FR 5303). Section 139.4.................... References............ 6/10/00 7/20/01, 66 FR (c)(152). 37908. Section 139.5.................... Revisions to the 11/26/94 7/30/96, 61 FR (c)(110)(i)(D). source testing manual 39497. and continuous source monitoring manual. ---------------------------------------------------------------------------------------------------------------- Stationary Sources ---------------------------------------------------------------------------------------------------------------- Section 139.11................... General requirements.. 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 139.12................... Emissions of 3/7/98 6/11/02, 67 FR (c)(189). particulate matter. 39854. Section 139.13 (Except Provisions Emissions of SO2, H2S, 11/26/94 7/30/96, 61 FR (c)(110)(i)(D). applicable to H2S and TRS). TRS and NO2. 39497. Section 139.14................... Emissions of VOCs..... 6/10/00 7/20/01, 66 FR (c)(152). 37908. Section 139.16................... Sulfur in fuel oil.... 8/13/83 7/27/84, 49 FR (c)(60). 30183. Section 139.17................... General requirements.. 6/20/81 1/19/83, 48 FR 2319 (c)(48). Section 139.18................... Calculation of 6/20/81 1/19/83, 48 FR 2319 (c)(48). alternative opacity limitations. ---------------------------------------------------------------------------------------------------------------- Ambient Levels of Air Contaminants ---------------------------------------------------------------------------------------------------------------- Section 139.31................... General............... 3/20/72 5/31/72, 37 FR (c)(1). 10842. Section 139.32................... Sampling and 11/26/94 7/30/96, 61 FR (c)(110)(i)(D). analytical procedures. 39497. Section 139.33................... Incorporation of 3/20/72 5/31/72, 37 FR (c)(1). Federal procedures. 10842. ---------------------------------------------------------------------------------------------------------------- Subchapter B. Monitoring Duties of Certain Sources General ---------------------------------------------------------------------------------------------------------------- Section 139.51................... Purpose............... 8/29/77 7/17/79, 44 FR (c)(19). 41429. Section 139.52................... Monitoring methods and 8/29/77 7/17/79, 44 FR (c)(19). techniques. 41429. Section 139.53................... Filing monitoring 8/31/83 7/27/84, 49 FR (c)(60). reports. 30183. ---------------------------------------------------------------------------------------------------------------- Subchapter C. Requirements for Continuous In-Stack Monitoring for Stationary Sources ---------------------------------------------------------------------------------------------------------------- Section 139.101.................. General Requirements.. 3/7/98 6/11/02, 67 FR (c)(189). 39854. Section 139.102.................. References............ 11/26/94 7/30/96, 61 FR (c)(110)(i)(D). 39497. Section 139.103.................. Opacity monitoring 11/26/94 7/30/96, 61 FR (c)(110)(i)(D). requirements. 39497. Section 139.111.................. Waste incinerator 12/27/97 6/11/02, 67 FR (c)(189). monitoring 39854. requirements. ---------------------------------------------------------------------------------------------------------------- Chapter 141 Alternate Standards ---------------------------------------------------------------------------------------------------------------- Section 141.1.................... Imposing alternate 5/14/88 9/17/92, 57 FR (c)(73). standards authorized. 42894. ---------------------------------------------------------------------------------------------------------------- Chapter 145 Interstate Pollution Transport Reduction Subchapter A. NOX Budget Trading Program General Provisions ---------------------------------------------------------------------------------------------------------------- Section 145.1.................... Purpose............... 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.2.................... Definitions........... 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.3.................... Measurements, 9/23/00 8/21/01, 66 FR (c)(168). abbreviations and 43795. acronyms. Section 145.4.................... Applicability......... 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.5.................... Retired unit exemption 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.6.................... Standard requirements. 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.7.................... Computation of time... 9/23/00 8/21/01, 66 FR (c)(168). 43795. ---------------------------------------------------------------------------------------------------------------- NOX Account ---------------------------------------------------------------------------------------------------------------- Section 145.10................... Authorization and 9/23/00 8/21/01, 66 FR (c)(168). responsibilities of 43795. the NOX authorized account representative. Section 145.11................... Alternate NOX 9/23/00 8/21/01, 66 FR (c)(168). authorized account 43795. representative. Section 145.12................... Changing the NOX 9/23/00 8/21/01, 66 FR (c)(168). authorized account 43795. representative; and changes in the Alternate NOX authorized account representative; changes in the owners and operators. Section 145.13................... Account certificate of 9/23/00 8/21/01, 66 FR (c)(168). representation. 43795. Section 145.14................... Objections concerning 9/23/00 8/21/01, 66 FR (c)(168). the NOX authorized 43795. account representative. ---------------------------------------------------------------------------------------------------------------- Compliance Certification ---------------------------------------------------------------------------------------------------------------- Section 145.30................... Compliance 9/23/00 8/21/01, 66 FR (c)(168). certification report. 43795. Section 145.31................... Department's action on 9/23/00 8/21/01, 66 FR (c)(168). compliance 43795. certifications. ---------------------------------------------------------------------------------------------------------------- NOX Allowance Allocations ---------------------------------------------------------------------------------------------------------------- Section 145.40................... State Trading Program 9/23/00 8/21/01, 66 FR (c)(168). budget. 43795. Section 145.41................... Timing Requirements 9/23/00 8/21/01, 66 FR (c)(168). for NOX allowance 43795. allocations. Section 145.42................... NOX Allowance 9/23/00 8/21/01, 66 FR (c)(168). allocations. 43795. Section 145.43................... Compliance supplement 9/23/00 8/21/01, 66 FR (c)(168). pool. 43795. ---------------------------------------------------------------------------------------------------------------- Accounting Process for Deposit Use and Transfer of Allowances ---------------------------------------------------------------------------------------------------------------- Section 145.50................... NOX Allowance Tracking 9/23/00 8/21/01, 66 FR (c)(168). System accounts. 43795. Section 145.51................... Establishment of 9/23/00 8/21/01, 66 FR (c)(168). accounts. 43795. Section 145.52................... NOX Allowance Tracking 9/23/00 8/21/01, 66 FR (c)(168). System 43795. responsibilities of NOX authorized account representative. Section 145.53................... Recordation of NOX 9/23/00 8/21/01, 66 FR (c)(168). allowance allocations. 43795. Section 145.54................... Compliance............ 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.55................... Banking............... 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.56................... Account error......... 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.57................... Closing of general 9/23/00 8/21/01, 66 FR (c)(168). accounts. 43795. ---------------------------------------------------------------------------------------------------------------- NOX Allowance Transfers ---------------------------------------------------------------------------------------------------------------- Section 145.60................... Submission of NOX 9/23/00 8/21/01, 66 FR (c)(168). allowance transfers. 43795. Section 145.61................... NOX transfer 9/23/00 8/21/01, 66 FR (c)(168). recordation. 43795. Section 145.62................... Notification.......... 9/23/00 8/21/01, 66 FR (c)(168). 43795. ---------------------------------------------------------------------------------------------------------------- Recording and Recordkeeping Requirements ---------------------------------------------------------------------------------------------------------------- Section 145.70................... General monitoring 9/23/00 8/21/01, 66 FR (c)(168). requirements. 43795. Section 145.71................... Initial certification 9/23/00 8/21/01, 66 FR (c)(168). and recertification 43795. procedures. Section 145.72................... Out of control periods 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.73................... Notifications......... 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.74................... Recordkeeping and 9/23/00 8/21/01, 66 FR (c)(168). reporting. 43795. Section 145.75................... Petitions............. 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.76................... Additional 9/23/00 8/21/01, 66 FR (c)(168). requirements to 43795. provide heat input data. ---------------------------------------------------------------------------------------------------------------- OPT-In Process ---------------------------------------------------------------------------------------------------------------- Section 145.80................... Applicability for opt- 9/23/00 8/21/01, 66 FR (c)(168). in sources. 43795. Section 145.81................... Opt-in source general 9/23/00 8/21/01, 66 FR (c)(168). provisions. 43795. Section 145.82................... NOX authorized account 9/23/00 8/21/01, 66 FR (c)(168). representatives for 43795. opt-in sources. Section 145.83................... Applying for a NOX 9/23/00 8/21/01, 66 FR (c)(168). budget opt-in 43795. approval. Section 145.84................... Opt-in process........ 9/23/00 8/21/01, 66 FR (c)(168). 43795. Section 145.85................... NOX budget opt-in 9/23/00 8/21/01, 66 FR (c)(168). application contents. 43795. Section 145.86................... Opt-in source 9/23/00 8/21/01, 66 FR (c)(168). withdrawal from NOX 43795. Budget Trading Program. Section 145.87................... Opt-in unit change in 9/23/00 8/21/01, 66 FR (c)(168). regulatory status. 43795. Section 145.88................... NOX allowance 9/23/00 8/21/01, 66 FR (c)(168). allocations to opt-in 43795. units. ---------------------------------------------------------------------------------------------------------------- Emission Reduction Credit Provisions ---------------------------------------------------------------------------------------------------------------- Section 145.90................... Emission reduction 9/23/00 8/21/01, 66 FR (c)(168). credit provisions. 43795. ---------------------------------------------------------------------------------------------------------------- Interstate Pollution Transport Reduction Requirements ---------------------------------------------------------------------------------------------------------------- Section 145.100.................. Applicability to 9/23/00 8/21/01, 66 FR (c)(168). upwind states. 43795. ---------------------------------------------------------------------------------------------------------------- Title 67. Transportation Part I. Department of Transportation Subpart A. Vehicle Code Provisions Article VII. Vehicle Characteristics ---------------------------------------------------------------------------------------------------------------- Chapter 175 Vehicle Equipment and Inspection Subchapter A. General Provisions ---------------------------------------------------------------------------------------------------------------- 175.2............................ Definitions........... 9/27/97 6/17/99, 64 FR ``Temporary 32411. Inspection Approval Indicator'' only. 175.2............................ Definitions........... 12/3/88 10/6/05, 70 FR Definitions which 58313. apply to safety inspection program in non-I/M counties. 175.3............................ Application of 12/3/88 10/6/05, 70 FR Applies to safety equipment rules. 58313. inspection program in non-I/M counties. 175.4............................ Vehicles required to 12/3/88 10/6/05, 70 FR Applies to safety be inspected. 58313. inspection program in non-I/M counties. 175.6............................ Annual inspection..... 12/3/88 10/6/05, 70 FR Applies to safety 58313. inspection program in non-I/M counties. 175.7............................ Inspection of vehicle 12/3/88 10/6/05, 70 FR Applies to safety reentering this 58313. inspection program Commonwealth. in non-I/M counties. 175.8............................ Newly purchased 2/19/94 10/6/05, 70 FR Applies to safety vehicles. 58313. inspection program in non-I/M counties. 175.11........................... Coordination of safety 9/27/97 6/17/99, 64 FR (c)(139) and emission 32411. inspection. ---------------------------------------------------------------------------------------------------------------- Subchapter B. Official Inspection Stations ---------------------------------------------------------------------------------------------------------------- 175.21........................... Appointment........... 12/3/88 10/6/05, 70 FR Applies to safety 58313. inspection program in non-I/M counties. 175.22........................... Making application.... 12/3/88 10/6/05, 70 FR Applies to safety 58313. inspection program in non-I/M counties. 175.23(a) and (c)................ Approval.............. 12/3/88 10/6/05, 70 FR Applies to safety 58313. inspection program in non-I/M counties. 175.24........................... Required certificates 12/3/88 10/6/05, 70 FR Applies to safety and station signs. 58313. inspection program in non-I/M counties. 175.25(a), (b)(1), (b)(3), and Inspection area....... 12/3/88 10/6/05, 70 FR Applies to safety (c). 58313. inspection program in non-I/M counties. 175.26(a) introductory sentence Tools and equipment... 9/28/96 10/6/05, 70 FR Applies to safety and (a)(3). 58313. inspection program in non-I/M counties. 175.27........................... Hours................. 12/3/88 10/6/05, 70 FR Applies to safety 58313. inspection program in non-I/M counties. 175.28 [Except for (c)(2), Certified Inspection 12/3/88 10/6/05, 70 FR Applies to safety (g)(2), (g)(3), and (g)(5)-(9)]. Mechanics. 58313. inspection program in non-I/M counties. 175.29........................... Obligations and 9/27/97 10/6/05, 70 FR Applies to safety responsibilities of 58313. inspection program stations. in non-I/M counties (except for (f)(4), which applies to I/M and non-I/M programs). 175.31........................... Fleet inspection 12/3/88 10/6/05, 70 FR Applies to safety stations. 58313. inspection program in non-I/M counties. ---------------------------------------------------------------------------------------------------------------- Subchapter C. Certificate of Inspection ---------------------------------------------------------------------------------------------------------------- 175.41(a), (b)(1), (b)(3), (c), Procedure............. 9/27/97 10/6/05, 70 FR Applies statewide (d), (e)(1), (e)(3), (e)(5), and 58313. (to I/M program (f)(4). and non-I/M safety inspection program. 175.42........................... Recording inspection.. 9/27/97 6/17/99, 64 FR ................... 32411. 175.43........................... Security.............. 9/27/97 6/17/99, 64 FR ................... 32411. 175.44........................... Ordering certificates 9/27/97 6/17/99, 64 FR ................... of inspection. 32411. 175.45........................... Violation of use of 9/27/97 6/17/99, 64 FR certificate of 32411. inspection. ---------------------------------------------------------------------------------------------------------------- Subchapter D. Schedule of Penalties and Suspensions: Official Inspection Stations and Certified Mechanics ---------------------------------------------------------------------------------------------------------------- 175.51........................... Cause for suspension.. 2/19/94 10/6/05, 70 FR New section; 58313. Applies to safety inspection program in non-I/M counties. 175.52........................... Reapplication......... 12/3/88 10/6/05, 70 FR New section; 58313. Applies to safety inspection program in non-I/M counties. ---------------------------------------------------------------------------------------------------------------- Subchapter E. Passenger Cars and Light Trucks ---------------------------------------------------------------------------------------------------------------- 175.61........................... Application of 12/3/88 10/6/05, 70 FR New section: subchapter. 58313. Applies to safety inspection program in non-I/M counties. 175.72(d)........................ Fuel system........... 12/3/88 10/6/05, 70 FR New section; 58313. Applies to safety inspection program in non-I/M counties. 175.80(d)........................ Inspection procedure.. 5/13/99 10/6/05, 70 FR New section; 58313. Applies to safety inspection program in non-I/M counties. ---------------------------------------------------------------------------------------------------------------- Subchapter H. Motorcycles ---------------------------------------------------------------------------------------------------------------- 175.141.......................... Application of 12/3/88 10/6/05, 70 FR New section; subchapter. 58313. Applies to safety inspection program in non-I/M counties. ---------------------------------------------------------------------------------------------------------------- Subchapter J. Motor-Driven Cycles and Motorized Pedalcycles ---------------------------------------------------------------------------------------------------------------- 175.171.......................... Application........... 12/3/88 10/6/05, 70 FR New section; 58313. Applies to safety inspection program in non-I/M counties. ---------------------------------------------------------------------------------------------------------------- Subchapter K. Street Rods, Specially Constructed and Reconstructed Vehicles ---------------------------------------------------------------------------------------------------------------- 175.201.......................... Application of 12/3/88 10/6/05, 70 FR New section; subchapter. 58313. Applies to safety inspection program in non-I/M counties. 175.202.......................... Conditions............ 12/3/88 10/6/05, 70 FR Applies to safety 58313. inspection program in non-I/M counties. 175.220(d) [introductory sentence Inspection procedure.. 5/13/99 10/6/05, 70 FR Applies to safety only]. 58313. inspection program in non-I/M counties. ---------------------------------------------------------------------------------------------------------------- Subchapter L. Animal-Drawn Vehicles, Implements of Husbandry and Special Mobile Equipment ---------------------------------------------------------------------------------------------------------------- 175.221.......................... Application........... 12/3/88 10/6/05, 70 FR 58313. ---------------------------------------------------------------------------------------------------------------- Chapter 177 Enhanced Emission Inspection Program Subchapter A. General Provisions ---------------------------------------------------------------------------------------------------------------- 177.1............................ Purpose............... 10/1/97 6/17/99, 64 FR (c)(139) 32411. 177.2............................ Application of 10/1/97 6/17/99, 64 FR (c)(139) equipment rules. 32411. 177.3............................ Definitions........... 11/22/03 10/6/05, 70 FR 58313. ---------------------------------------------------------------------------------------------------------------- Implementation of Emission Inspection Program ---------------------------------------------------------------------------------------------------------------- 177.22........................... Commencement of 11/22/03 10/6/05, 70 FR Retitled and inspections. 58313. revised. 177.23........................... Notification of 11/22/03 10/6/05, 70 FR ................... requirement for 58313. emission inspection. 177.24........................... Program evaluation.... 11/22/03 10/6/05, 70 FR 58313. ---------------------------------------------------------------------------------------------------------------- I/M Program ---------------------------------------------------------------------------------------------------------------- 177.51........................... Program requirements.. 11/22/03 10/6/05, 70 FR Excludes paragraphs 58313. (c)(1), (c)(2), and (c)(3), and reference to those paragraphs. 177.52........................... Emission inspection 11/22/03 10/6/05, 70 FR ................... prerequisites. 58313. 177.53........................... Vehicle inspection 11/22/03 10/6/05, 70 FR process. 58313. ---------------------------------------------------------------------------------------------------------------- Subchapter B. Subject Vehicles ---------------------------------------------------------------------------------------------------------------- 177.101.......................... Subject vehicles...... 11/22/03 10/6/05, 70 FR 58313. 177.102.......................... Inspection of vehicles 9/27/97 6/17/99, 64 FR (c)(139) reentering this 32411. Commonwealth. 177.103.......................... Used vehicles after 9/27/97 6/17/99, 64 FR (c)(139) sale or resale. 32411. 177.104.......................... Vehicles registered in 9/27/97 6/17/99, 64 FR (c)(139) nondesignated areas 32411. or other states. 177.105.......................... Vehicles requiring 11/22/03 10/6/05, 70 FR mission inspection 58313. due to change of address. ---------------------------------------------------------------------------------------------------------------- Subchapter C. Emission Test Procedures and Emission Standards ---------------------------------------------------------------------------------------------------------------- General ================================== General requirements.. 11/22/03 10/6/05, 70 FR 58313. 177.202.......................... Emission test 11/22/03 10/6/05, 70 FR equipment. 58313. 177.202a......................... OBD-I/M check 11/22/03 10/6/05, 70 FR New section. equipment. 58313. 177.202b......................... Equipment for gas cap 11/22/03 10/6/05, 70 FR New section. test and visual 58313. inspection. 177.203.......................... Test procedures....... 11/22/03 10/6/05, 70 FR 58313. 177.204.......................... Basis for failure..... 11/22/03 10/6/05, 70 FR Retitled and 58313. revised. ---------------------------------------------------------------------------------------------------------------- Recall Provisions ---------------------------------------------------------------------------------------------------------------- 177.231.......................... Requirements regarding 9/27/97 6/17/99, 64 FR (c)(139) manufacturer recall 32411. notices. 177.232.......................... Compliance with recall 9/27/97 6/17/99, 64 FR (c)(139) notices. 32411. 177.233.......................... Failure to comply..... 9/27/97 6/17/99, 64 FR (c)(139) 32411. ---------------------------------------------------------------------------------------------------------------- Emission Inspection Report ---------------------------------------------------------------------------------------------------------------- 177.251.......................... Record of test results 9/27/97 6/17/99, 64 FR (c)(139) 32411. 177.252.......................... Emission inspection 11/22/03 10/6/05, 70 FR Retitled and report. 58313. revised. 177.253.......................... Responsibility of the 11/22/03 10/6/05, 70 FR Retitled and station owner for 58313. revised. vehicles which fail the emission inspection. ---------------------------------------------------------------------------------------------------------------- Retest ---------------------------------------------------------------------------------------------------------------- 177.271.......................... Procedure............. 11/22/03 10/6/05, 70 FR ................... 58313. 177.272.......................... Prerequisites......... 11/22/03 10/6/05, 70 FR ................... 58313. 177.273.......................... Content of repair data 11/22/03 10/6/05, 70 FR ................... form. 58313. 177.274.......................... Retest fees........... 11/22/03 10/6/05, 70 FR ................... 58313. 177.275.......................... Repair technician 11/22/03 10/6/05............ New section. training and certification. ---------------------------------------------------------------------------------------------------------------- Issuance of Waiver ---------------------------------------------------------------------------------------------------------------- 177.281.......................... Issuance of waiver.... 11/22/03 10/6/05, 70 FR ................... 58313. 177.282.......................... Annual adjustment of 11/22/03 10/6/05, 70 FR Excludes/removes minimum waiver 58313. the sentence and expenditure for partial sentence, emission inspection. ``The minimum expenditure for the first 2 years after commencement of the program in an affected area is $150. Beginning with the 3rd year of the program in an affected area''. ---------------------------------------------------------------------------------------------------------------- Procedures Relating to Certificates of Emission Inspection ---------------------------------------------------------------------------------------------------------------- 177.291.......................... Procedures relating to 11/22/03 10/6/05, 70 FR Retitled and certificates of 58313. revised. emission inspection. 177.292.......................... Recording inspection.. 11/22/03 10/6/05, 70 FR 58313. ---------------------------------------------------------------------------------------------------------------- On-Road Testing ---------------------------------------------------------------------------------------------------------------- 177.301.......................... Authorization to 9/27/97 6/17/99, 64 FR (c)(139) conduct on-road 32411. emission testing. 177.302.......................... On-road testing 9/27/97 6/17/99, 64 FR (c)(139) devices. 32411. 177.304.......................... Failure of on-road 11/22/03 10/6/05, 70 FR ................... emission test. 58313. 177.305.......................... Failure to produce 9/27/97 6/17/99, 64 FR (c)(139) proof of correction 32411. of on-road emission test failure. ---------------------------------------------------------------------------------------------------------------- Subchapter D. Official Emission Inspection Station Requirements General ---------------------------------------------------------------------------------------------------------------- 177.401.......................... Appointment........... 11/22/03 10/6/05, 70 FR ................... 58313. 177.402.......................... Application........... 9/27/97 6/17/99, 64 FR (c)(139) 32411. 177.403.......................... Approval of emission 9/27/97 6/17/99, 64 FR (c)(139) inspection station. 32411. 177.404.......................... Required certificates 11/22/03 10/6/05, 70 FR ................... and station signs. 58313. 177.405.......................... Emission inspection 11/22/03 10/6/05, 70 FR areas. 58313. 177.406.......................... Equipment............. 11/22/03 10/6/05, 70 FR Retitled and 58313. revised. 177.407.......................... Hours of operation.... 11/22/03 10/6/05, 70 FR 58313. 177.408.......................... Certified emission 11/22/03 10/6/05, 70 FR inspectors. 58313. ---------------------------------------------------------------------------------------------------------------- Obligations and Responsibilities of Station Owners/Agents ---------------------------------------------------------------------------------------------------------------- 177.421.......................... Obligations and 11/22/03 10/6/05, 70 FR responsibilities of 58313. station owners/agents. 177.422.......................... Commonwealth emission 11/22/03 10/6/05, 70 FR Retitled and inspection stations. 58313. revised. 177.423.......................... Fleet emission 11/22/03 10/6/05, 70 FR Retitled and inspection stations. 58313. revised. 177.424.......................... General emission 11/22/03 10/6/05, 70 FR inspection stations. 58313. 177.425.......................... Security.............. 11/22/03 10/6/05, 70 FR 58313. 177.426.......................... Ordering certificates 9/27/97 6/17/99, 64 FR (c)(139) of emission 32411. inspection. 177.427.......................... Violations of use of 9/27/97 6/17/99, 64 FR (c)(139) certificate of 32411. emission inspection. ---------------------------------------------------------------------------------------------------------------- Quality Assurance ---------------------------------------------------------------------------------------------------------------- 177.431.......................... Quality assurance..... 11/22/03 10/6/05, 70 FR 58313. ---------------------------------------------------------------------------------------------------------------- Subchapter E. Equipment Manufacturers' and Contractors' Requirements and Obligations Equipment Manufacturers' Requirements ---------------------------------------------------------------------------------------------------------------- 177.501.......................... Equipment approval 11/22/03 10/6/05, 70 FR procedures. 58313. 177.502.......................... Service commitment.... 11/22/03 10/6/05, 70 FR 58313. 177.503.......................... Performance commitment 11/22/03 10/6/05, 70 FR 58313. 177.504.......................... Revocation of approval 9/27/97 6/17/99, 64 FR (c)(139) 32411. ---------------------------------------------------------------------------------------------------------------- Contractor Obligations ---------------------------------------------------------------------------------------------------------------- 177.521.......................... Contractor obligations 11/22/03 10/6/05, 70 FR and responsibilities. 58313. ---------------------------------------------------------------------------------------------------------------- Subchapter F. Schedule of Penalties and Hearing Procedure Schedule of Penalties and Suspensions ---------------------------------------------------------------------------------------------------------------- 177.601.......................... Definitions........... 11/22/03 10/6/05, 70 FR New section. 58313. 177.602.......................... Schedule of penalties 11/22/03 10/6/05, 70 FR ................... for emission 58313. inspection stations. 177.603.......................... Schedule of penalties 11/22/03 10/6/05, 70 FR ................... for emission 58313. inspectors. ---------------------------------------------------------------------------------------------------------------- Additional Violations ---------------------------------------------------------------------------------------------------------------- 177.605.......................... Subsequent violations. 11/22/03 10/6/05, 70 FR ................... 58313. 177.606.......................... Multiple violations... 9/27/97 6/17/99, 64 FR (c)(139) 32411. ---------------------------------------------------------------------------------------------------------------- Departmental Hearing Procedure ---------------------------------------------------------------------------------------------------------------- 177.651.......................... Notice of alleged 11/22/03 10/6/05, 70 FR Retitled and violation and 58313. revised. opportunity to be heard prior to immediate suspension. 177.652.......................... Official documents.... 09/27/97 6/17/99, 64 FR (c)(139) 32411. ---------------------------------------------------------------------------------------------------------------- Restoration After Suspension ---------------------------------------------------------------------------------------------------------------- 177.671.......................... Restoration of 9/27/97 6/17/99, 64 FR (c)(139) certification of an 32411. emission inspector after suspension. 177.672.......................... Restoration of 9/27/97 6/17/99, 64 FR (c)(139) certification of an 32411. emission inspection station after suspension. 177.673.......................... Restoration of 9/27/97 6/17/99, 64 FR (c)(139) certification of 32411. certified repair technician after suspension. ---------------------------------------------------------------------------------------------------------------- Registration Recall Procedure for Violation of §§ 177.301-177.305 (Relating to On-Road Resting) ---------------------------------------------------------------------------------------------------------------- 177.691.......................... Registration Recall 11/22/03 10/6/05, 70 FR ................... Committee. 58313. Appendix A....................... Acceleration 11/22/03 10/6/05, 70 FR Replaces previous Simulation Mode: 58313. Appendix A. Pennsylvania Procedures, Standards, Equipment Specifications and Quality Control Requirements. Appendix B....................... Department Procedures 11/22/03 10/6/05, 70 FR Replaces previous and Specifications. 58313. Appendix B. ---------------------------------------------------------------------------------------------------------------- (2) EPA-Approved Allegheny County Health Department (ACHD) Regulations ---------------------------------------------------------------------------------------------------------------- State Additional Article XX or XXI citation Title/subject effective EPA approval date explanation/§ date 52.2063 citation ---------------------------------------------------------------------------------------------------------------- Part A_General ---------------------------------------------------------------------------------------------------------------- 2101.01.......................... Short Titles........ 10/20/95 11/14/02; 67 FR In SIP at 68935. 52.2020(c)(92); citation change only at (c)(192). 2101.02.a, .02.c................. Declaration of 10/20/95 11/14/02; 67 FR (c)(192). Policy and Purpose. 68935. 2101.03.......................... Effective Date and 10/20/95 11/14/02; 67 FR In SIP at (c)(92); Repealer. 68935. citation change only at (c)(192). 2101.04.......................... Existing Orders..... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2101.05.......................... Existing Permits and 3/31/98 8/30/04; 69 FR 52831 52.2420(c)(209). Licenses. 2101.06.......................... Construction and 10/20/95 11/14/02; 67 FR (c)(192). Interpretation. 68935. 2101.07 (Except paragraphs Administration and 10/20/95 11/14/02; 67 FR (c)(192). .07.c.2 and c.8). Organization. 68935. 2101.10.......................... Ambient Air Quality 10/20/95 11/14/02; 67 FR (c)(192). Standards (Except: 68935. PM10-County & Free silica portion; Pb (1-hr & 8-hr avg.); settled particulates, beryllium, sulfates, fluorides, and hydrogen sulfide). 2101.11.......................... Prohibition of Air 10/20/95 11/14/02; 67 FR (c)(192). Pollution. 68935. 2101.12.......................... Interstate Air 10/20/95 11/14/02; 67 FR (c)(192). Pollution. 68935. 2101.13.......................... Nuisances........... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2101.14.......................... Circumvention....... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2101.20.......................... Definitions......... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2101.20.......................... Definitions related 5/15/98 4/17/01; 66 FR 19724 (c)(151). to gasoline 9/1/99 volatility. 2101.20.......................... Definitions......... 7/10/03 6/24/05, 70 FR 36511 ---------------------------------------------------------------------------------------------------------------- Part B_Permits Generally ---------------------------------------------------------------------------------------------------------------- 2102.01.......................... Certification....... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2102.02.......................... Applicability....... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2102.03.a through .k............. Permits Generally... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2102.04.......................... Installation Permits 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2102.05.......................... Installation Permits 10/20/95 11/14/02; 67 FR (c)(192). for New and 68935. Modified Major Sources. 2102.06.......................... Major Sources 10/20/95 11/14/02; 67 FR (c)(192). Locating in or 68935. Impacting a Nonattainment Area. 2102.08.......................... Emission Offset 10/20/95 11/14/02; 67 FR (c)(192). Registration. 68935. 2102.10.......................... Installation Permit 10/20/95 11/14/02; 67 FR (c)(192). Application and 68935. Administration Fees. ---------------------------------------------------------------------------------------------------------------- Part C_Operating Permits ---------------------------------------------------------------------------------------------------------------- 2103.01.......................... Transition.......... 10/20/95 8/30/04; 69 FR 52831 (c)(209). ---------------------------------------------------------------------------------------------------------------- Subpart 1_Operating Permits (All Major and Minor Permits) ---------------------------------------------------------------------------------------------------------------- 2103.10.a.,b..................... Applicability, 10/20/95 11/14/02; 67 FR (c)(192). Prohibitions, 68935. Records. 2103.11.......................... Applications........ 10/20/95 8/30/04; 69 FR 52831 (c)(209). 2103.12.......................... Issuance, Standard 3/31/98 8/30/04; 69 FR 52831 (c)(209). Conditions. 2103.13.......................... Expiration, 10/20/95 8/30/04; 69 FR 52831 (c)(209). Renewals, Reactivation. 2103.14.......................... Revisions, 1/12/01 8/30/04; 69 FR 52831 (c)(209). Amendments, Modifications. 2103.15.......................... Reopenings, 10/20/95 8/30/04; 69 FR 52831 (c)(209). Revocations. ---------------------------------------------------------------------------------------------------------------- Subpart 2_Additional Requirements for Major Permits ---------------------------------------------------------------------------------------------------------------- 2103.20.b.4...................... Applicability, 10/20/95 11/14/02; 67 FR (c)(192). Prohibitions, 68935. Records. ---------------------------------------------------------------------------------------------------------------- Part D_Pollutant Emission Standards ---------------------------------------------------------------------------------------------------------------- 2104.01.......................... Visible Emissions... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2104.02.......................... Particulate Mass 8/15/97 6/12/98; 63 FR 32126 (c)(133)(i)(B)(1); Emissions. Citation changes approved on 11/12/ 02 (67 FR 68935) at (c)(192). 2104.03.......................... Sulfur Oxide 7/10/03 7/21/04; 69 FR 43522 (c)(216)(i)(C). Emissions. 2104.05.......................... Materials Handling.. 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2104.06.......................... Violations.......... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2104.07.......................... Stack Heights....... 10/20/95 11/14/02; 67 FR (c)(192). 68935. ---------------------------------------------------------------------------------------------------------------- Part E_Source Emission and Operating Standards ---------------------------------------------------------------------------------------------------------------- 2105.01.......................... Equivalent 7/10/03 6/24/05; 70 FR 36511 Compliance Techniques. 2105.02.......................... Other Requirements 10/20/95 11/14/02; 67 FR (c)(192). Not Affected. 68935. 2105.03.......................... Operation and 10/20/95 11/14/02; 67 FR (c)(192). Maintenance. 68935. 2105.04.......................... Temporary Shutdown 10/20/95 11/14/02; 67 FR (c)(192). of Incineration 68935. Equipment. 2105.06.......................... Major Sources of 10/20/95 10/07/02; 67 FR (c)(157). Nitrogen Oxides and 62389. Volatile Organic Compounds. ---------------------------------------------------------------------------------------------------------------- Subpart 1_VOC Sources ---------------------------------------------------------------------------------------------------------------- 2105.10.......................... Surface Coating 7/10/03 6/24/05; 70 FR 36511 Processes. 2105.11.......................... Graphic Arts Systems 10/20/95 11/14/02; 67 FR (c)(192) 68935. 2105.12.......................... Volatile Organic 10/20/95 11/14/02; 67 FR (c)(192) Compound Storage 68935. Tanks. 2105.13.......................... Gasoline Loading 10/20/95 11/14/02; 67 FR (c)(192). Facilities. 68935. 2105.14.......................... Gasoline Dispensing 10/20/95 11/14/02; 67 FR (c)(192). Facilities. 68935. 2105.15.......................... Degreasing 10/20/95 11/14/02; 67 FR (c)(192). Operations. 68935. 2105.16.......................... Cutback Asphalt 10/20/95 11/14/02; 67 FR (c)(192). Paving. 68935. 2105.17.......................... Ethylene Production 10/20/95 11/14/02; 67 FR (c)(192). Processes. 68935. Article XX Section 532........... Dry Cleaning 1/1/82 1/21/83; 48 FR 2768. (c)(49). Facilities. 2105.19.......................... Synthetic Organic 10/20/95 11/14/02; 67 FR (c)(192). Chemical & 68935. Polymer Manufacturing_Fugit ive Sources. ---------------------------------------------------------------------------------------------------------------- Subpart 2_Slag, Coke, and Miscellaneous Sulfur Sources ---------------------------------------------------------------------------------------------------------------- 2105.20.......................... Slag Quenching...... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2105.21.......................... Coke Ovens and Coke 8/15/97 6/12/98; 63 FR 32126 (c)(133); 1. EPA Oven Gas. approved revisions effective 7/11/95 on 9/8/98 (63 FR 47434) at (c)(135). 2. EPA approved revisions effective 10/20/95 on 11/14/ 02 (67 FR 68935) at (c)(192). 2105.22.......................... Miscellaneous Sulfur 10/20/95 11/14/02; 67 FR (c)(192). Emitting Processes. 68935. ---------------------------------------------------------------------------------------------------------------- Subpart 3_Incineration and Combustion Sources ---------------------------------------------------------------------------------------------------------------- 2105.30 (except paragraphs .b.3 Incinerators........ 10/20/95 11/14/02; 67 FR (c)(192); Section and .f). 68935. 2105.30.f. is Federally enforceable as part of the applicable section 111(d) plan. ---------------------------------------------------------------------------------------------------------------- Subpart 4_Miscellaneous Fugitive Sources ---------------------------------------------------------------------------------------------------------------- 2105.40.......................... Permit Source 10/20/95 11/14/02; 67 FR (c)(192). Premises. 68935. 2105.41.......................... Non-Permit Premises. 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2105.42.......................... Parking Lots and 10/20/95 11/14/02; 67 FR (c)(192). Roadways. 68935. 2105.43.......................... Permit Source 10/20/95 11/14/02; 67 FR (c)(192). Transport. 68935. 2105.44.......................... Non-Permit Source 10/20/95 11/14/02; 67 FR (c)(192). Transport. 68935. 2105.45.......................... Construction and 10/20/95 11/14/02; 67 FR (c)(192). Land Clearing. 68935. 2105.46.......................... Mining.............. 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2105.47.......................... Demolition.......... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2105.48.......................... Areas Subject to 10/20/95 11/14/02; 67 FR (c)(192). Sections 2105.40 68935. Through 2105.47. 2105.49.a, .b.................... Fugitive Emissions.. 10/20/95 11/14/02; 67 FR (c)(192). 68935. ---------------------------------------------------------------------------------------------------------------- Subpart 5_Open Burning and Abrasive Blasting Sources ---------------------------------------------------------------------------------------------------------------- 2105.50 (except paragraph .50.d). Open Burning........ 10/20/95 11/14/02; 67 FR (c)(192). 68935. Article XX, Section 533.......... Abrasive Blasting... 10/9/86 10/19/87; 51 FR (c)(69). 38758. ---------------------------------------------------------------------------------------------------------------- Subpart 7_Miscellaneous VOC Sources ---------------------------------------------------------------------------------------------------------------- 2105.70.......................... Petroleum Refineries 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2105.71.......................... Pharmaceutical 10/20/95 11/14/02; 67 FR (c)(192). Products. 68935. 2105.72.......................... Manufacturer of 10/20/95 11/14/02; 67 FR (c)(192). Pneumatic Rubber 68935. Tires. 2105.74.......................... Aerospace 7/10/03 6/24/05, 70 FR 36511 Manufacturing and Rework. 2105.75.......................... Mobile Equipment 7/10/03 6/24/05, 70 FR 36511 Repair and Refinishing. 2105.76.......................... Wood Furniture 7/10/03 6/24/05, 70 FR 36511 Manufacturing Operations. ---------------------------------------------------------------------------------------------------------------- Subpart 9_Transportation Related Sources ---------------------------------------------------------------------------------------------------------------- 2105.90.......................... Gasoline Volatility. 5/15/98 4/17/01; 66 FR 19724 (c)(151). 9/1/99 ---------------------------------------------------------------------------------------------------------------- Part F_Air Pollution Episodes ---------------------------------------------------------------------------------------------------------------- 2106.01.......................... Air Pollution 10/20/95 11/14/02; 67 FR (c)(192). Episode System. 68935. 2106.02.......................... Air Pollution Source 10/20/95 11/14/02; 67 FR (c)(192). Curtailment Plans. 68935. 2106.03.......................... Episode Criteria.... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2106.04.......................... Episode Actions..... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2106.05.......................... USX-Clairton Works 8/15/97 6/12/98; 63 FR 32126 (c)(133)(i)(B)(3). PM-10 Self Audit Emergency Action Plan. ---------------------------------------------------------------------------------------------------------------- Part G_Methods ---------------------------------------------------------------------------------------------------------------- 2107.01.......................... General............. 10/20/95 1/14/02; 67 FR 68935 (c)(192). 2107.02.......................... Particulate Matter.. 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2107.03.......................... Sulfur Oxides....... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2107.04 (except paragraph .04.h). Volatile Organic 10/20/95 11/14/02; 67 FR (c)(192). Compounds. 68935. 2107.05.......................... Nitrogen Oxides..... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2107.06.......................... Incinerator 10/20/95 11/14/02; 67 FR (c)(192). Temperatures. 68935. 2107.07.......................... Coke Oven Emissions. 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2107.08.......................... Coke Oven Gas....... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2107.10.......................... Sulfur Content of 10/20/95 11/14/02; 67 FR (c)(192). Coke. 68935. 2107.11.......................... Visible Emissions... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2107.15.......................... Gasoline Volatility 5/15/98 4/17/01; 66 FR 19724 (c)(151). and RFG. 2107.20.c, .g through .j, .m and Ambient Measurements 10/20/95 11/14/02; 67 FR (c)(192). .n. 68935. ---------------------------------------------------------------------------------------------------------------- Part H_Reporting, Testing & Monitoring ---------------------------------------------------------------------------------------------------------------- 2108.01.......................... Reports Required.... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2108.01.a........................ Termination of 10/20/95 11/14/02; 67 FR (c)(192). Operation. 68935. 2108.01.b........................ Shutdown of Control 10/20/95 11/14/02; 67 FR (c)(192). Equipment. 68935. 2108.01.c........................ Breakdowns.......... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2108.01.d........................ Cold Start.......... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2108.01.e (Except paragrphs e.1.A Emissions Inventory 10/20/95 11/14/02; 67 FR (c)(192). & .B). Statements. 68935. 2108.01.f........................ Orders.............. 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2108.01.g........................ Violations.......... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2108.02.......................... Emissions Testing... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2108.03.......................... Continuous Emissions 10/20/95 11/14/02; 67 FR (c)(192). Monitoring. 68935. 2108.04.......................... Ambient Monitoring.. 10/20/95 11/14/02; 67 FR (c)(192). 68935. ---------------------------------------------------------------------------------------------------------------- Part I_Enforcement ---------------------------------------------------------------------------------------------------------------- 2109.01.......................... Inspections......... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2109.02 (except paragraph Remedies............ 10/20/95 11/14/02; 67 FR (c)(192). .02.a.7). 68935. 2109.03a (introductory sentence), Enforcement Orders.. 10/20/95 11/14/02; 67 FR (c)(192). b. through f.. 68935. 2109.04.......................... Orders Establishing 10/20/95 11/14/02; 67 FR (c)(192). an Additional or 68935. More Restrictive Standard. 2109.05.......................... Emergency Orders.... 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2109.06 (Except paragraphs Civil Proceedings... 10/20/95 11/14/02; 67 FR (c)(192). .06.a.2, .a.3, and .a.4). 68935. 2109.10.......................... Appeals............. 10/20/95 11/14/02; 67 FR (c)(192). 68935. 2109.20.......................... General Federal 10/20/95 11/14/02; 67 FR (c)(192). Conformity. 68935. ---------------------------------------------------------------------------------------------------------------- (3) EPA-Approved Philadelphia AMS Regulations ---------------------------------------------------------------------------------------------------------------- Additional State effective explanation/ Rule citation Title/subject date EPA approval date § 52.2063 citation ---------------------------------------------------------------------------------------------------------------- Title 3 Air Management Code ---------------------------------------------------------------------------------------------------------------- Chapter 3-100.................. General Provisions.... 10/20/69......... 5/31/72; 37 FR (c)(1). 10842. Chapter 3-200 (Except § 3- Prohibited Conduct.... 10/4/76.......... 6/4/79; 44 FR (c)(18). 207(4)). 31980. Chapter 3-300.................. Administrative 9/21/72.......... 3/12/79; 44 FR (c)(15). Provisions. 13480. ---------------------------------------------------------------------------------------------------------------- Regulation I_General Provisions ---------------------------------------------------------------------------------------------------------------- Section I...................... Definitions........... 4/29/70.......... 5/31/72; 37 FR (c)(1). 10842. Section II (Except portions of Source Registration 5/4/74........... 9/9/75; 40 FR (c)(12). paragraph II.B). and Emission 41787. Reporting. Section III.................... Testing and Test 4/29/70.......... 5/31/72; 37 FR (c)(1). Methods. 10842. Section IV..................... Availability of 4/29/70.......... 5/31/72; 37 FR (c)(1). Technology. 10842. Section V...................... Improvement and Plan.. 4/29/70.......... 5/31/72; 37 FR (c)(1). 10842. Section VI..................... Pre-existing 4/29/70.......... 5/31/72; 37 FR (c)(1). Regulations. 10842. Section VII.................... Circumvention......... 4/29/70.......... 5/31/72; 37 FR (c)(1). 10842. Section VIII................... Severability.......... 4/29/70.......... 5/31/72; 37 FR (c)(1). 10842. Section IX..................... Effective Date........ 4/29/70.......... 5/31/72; 37 FR (c)(1). 10842. Section XI.D................... Compliance with 3/27/86.......... 1/23/89; 54 FR (c)(70). Federal 3029. Regulations_Stack Height Regulations. ---------------------------------------------------------------------------------------------------------------- Regulation II_Air Contaminant and Particulate Matter Emissions ---------------------------------------------------------------------------------------------------------------- Section I...................... No Title [General 4/29/70.......... 5/31/72; 37 FR (c)(1). Provisions]. 10842. Section II..................... Open Fires............ 4/29/70.......... 5/31/72; 37 FR (c)(1). 10842. Section IV..................... Visible Emissions..... 5/4/74........... 9/9/75; 40 FR (c)(12). 41787. Section V...................... Particulate Matter 8/27/81.......... 4/16/82; 47 FR (c)(43). Emissions from the 16325. Burning of Fuels. Section VI..................... Selection of Fuel for 4/29/70.......... 5/31/72; 37 FR (c)(1). Particulate Matter 10842. Emission Control. Section VII.................... Particulate Matter 4/29/70.......... 5/31/72; 37 FR (c)(1). Emissions from 10842. Chemical, Metallurgical, Mechanical and Other Processes. Section VIII................... Fugitive Dust......... 4/29/70.......... 5/31/72; 37 FR (c)(1). 10842. Table 1........................ No Title [Allowable 4/29/70.......... 5/31/72; 37 FR (c)(1). Process Weight 10842. Emissions]. ---------------------------------------------------------------------------------------------------------------- Regulation III_The Control of Emissions of Oxides and Sulfur Compounds ---------------------------------------------------------------------------------------------------------------- Section I...................... No Title [General 4/29/70.......... 5/31/72; 37 FR (c)(1). Provisions]. 10842. Section II..................... Control of Emission of 5/10/80.......... 9/17/81; 46 FR (c)(37). Sulfur Compounds. 46133. Section III.................... Control of Sulfur in 8/27/81.......... 4/16/82; 47 FR (c)(43). Fuels. 16325. ---------------------------------------------------------------------------------------------------------------- Regulation IV_Governing Air Pollution Control Measures During High Air Pollution Episodes ---------------------------------------------------------------------------------------------------------------- Section I...................... Definitions........... 2/5/71........... 5/31/72; 37 FR (c)(1). 10842. Section II..................... Declaration of 2/5/71........... 5/31/72; 37 FR (c)(1). Conditions. 10842. Section III.................... Termination of 2/5/71........... 5/31/72; 37 FR (c)(1). Conditions. 10842. Section IV..................... Alert and Notification 2/5/71........... 5/31/72; 37 FR (c)(1). System by the Health 10842. Commissioner and the Emergency Coordinator. Section V...................... Advance Preparation 2/5/71........... 5/31/72; 37 FR (c)(1). for High Air 10842. Pollution Episodes. Section VI..................... Actions and 2/5/71........... 5/31/72; 37 FR (c)(1). Restrictions. 10842. Section VII.................... Severability.......... 2/5/71........... 5/31/72; 37 FR (c)(1). 10842. Section VIII................... Effective Date........ 2/5/71........... 5/31/72; 37 FR (c)(1). 10842. Table I........................ Minimum Abatement 2/5/71........... 5/31/72; 37 FR (c)(1). Strategies for 10842. Emission Reduction Plans_Stage I Condition. Table II....................... Minimum Abatement 2/5/71........... 5/31/72; 37 FR (c)(1). Strategies for 10842. Emission Reduction Plans_Stage II Condition. Table III...................... Minimum Abatement 2/5/71........... 5/31/72; 37 FR (c)(1). Strategies for 10842. Emission Reduction Plans_Emergency Condition. Table IV....................... Emergency Business and 2/5/71........... 5/31/72; 37 FR (c)(1). Establishment List. 10842. ---------------------------------------------------------------------------------------------------------------- Regulation V_Control of Emissions of Organic Substances From Stationary Sources ---------------------------------------------------------------------------------------------------------------- Section I (Except for Definitions........... 11/28/86......... 6/16/93; 58 FR (c)(83). definitions related to 33200. paragraphs V.C. & V.D.). Section I...................... Definitions........... 5/23/88.......... 4/6/93; 48 FR (c)(78). 17778. Section II..................... Storage Tanks......... 7/10/71.......... 5/31/72; 37 FR (c)(1). 10842. Section III.................... Oil-Effluent Water 7/10/71.......... 5/31/72; 37 FR (c)(1). Separator. 10842. Section IV..................... Pumps and Compressors. 7/10/71.......... 5/31/72; 37 FR (c)(1). 10842. Section V (Except paragraphs Organic Material 7/10/71.......... 5/31/72; 37 FR (c)(1). V.C and V.D). Loading. 10842. Section VI..................... Solvents.............. 7/10/71.......... 5/31/72; 37 FR (c)(1). 10842. Section VII.................... Processing of 7/10/71.......... 5/31/72; 37 FR (c)(1). Photochemically 10842. Reactive Materials. Section VIII................... Architectural Coatings 7/10/71.......... 5/31/72; 37 FR (c)(1). 10842. Section IX..................... Disposal of Solvents.. 7/10/71.......... 5/31/72; 37 FR (c)(1). 10842. Section X...................... Compliance with 11/28/86......... 6/16/93; 58 FR (c)(82). Pennsylvania 33192. Standards for Volatile Organic Compounds (VOC). Section XI..................... Petroleum Solvent Dry 11/28/86......... 4/12/93; 58 FR (c)(77). Cleaning. 19066. Section XII.................... Pharmaceutical Tablet 11/28/86......... 6/16/93; 58 FR (c)(83). Coating. 33200. Section XIII................... Process Equipment 5/23/98.......... 4/6/93; 58 FR (c)(78). Leaks. 17778. Section XXII................... Circumvention......... 7/10/71; 5/31/72; 37 FR (c)(1). recodified 5/23/ 10842. 88. Section XXIII.................. Severability.......... 7/10/71; 5/31/72; 37 FR (c)(1). recodified 5/23/ 10842. 88. Section XXIV................... Effective Date........ 7/10/71; 5/31/72; 37 FR (c)(1). recodified 5/23/ 10842. 88. ---------------------------------------------------------------------------------------------------------------- Regulation VII_Control of Emissions of Nitrogen Oxides From Stationary Sources ---------------------------------------------------------------------------------------------------------------- Section I...................... Definitions........... 7/1/72........... 5/14/73; 38 FR (c)(7). 12696. Section II..................... Fuel Burning Equipment 11/20/85......... 1/14/87; 52 FR (c)(65). 1456. Section III.................... Nitric Acid Plants.... 7/1/72........... 5/14/73; 38 FR (c)(7). 12696. Section IV..................... Emissions Monitoring.. 7/1/72........... 5/14/73; 38 FR (c)(7). 12696. Section V...................... Circumvention......... 7/1/72........... 5/14/73; 38 FR (c)(7). 12696. Section VI..................... Severability.......... 7/1/72........... 5/14/73; 38 FR (c)(7). 12696. Section VII.................... Effective Date........ 7/1/72........... 5/14/73; 38 FR (c)(7). 12696. ---------------------------------------------------------------------------------------------------------------- Regulation VIII_Control of Emissions of Carbon Monoxide From Stationary Sources ---------------------------------------------------------------------------------------------------------------- Section I...................... Definitions........... 8/20/72.......... 5/14/73; 38 FR (c)(7). 12696. Section II..................... General............... 8/20/72.......... 5/14/73; 38 FR (c)(7). 12696. Section III.................... Emissions Monitoring.. 8/20/72.......... 5/14/73; 38 FR (c)(7). 12696. Section IV..................... Circumvention......... 8/20/72.......... 5/14/73; 38 FR (c)(7). 12696. Section V...................... Severability.......... 8/20/72.......... 5/14/73; 38 FR (c)(7). 12696. Section VI..................... Effective Date........ 8/20/72.......... 5/14/73; 38 FR (c)(7). 12696. ---------------------------------------------------------------------------------------------------------------- Regulation XI_Control of Emissions From Incinerators ---------------------------------------------------------------------------------------------------------------- Section I...................... Definitions........... 5/4/74........... 9/9/75; 40 FR (c)(12). 41787. Section II..................... General Provisions.... 5/4/74........... 9/9/75; 40 FR (c)(12). 41787. Section III (Except paragraph Emissions Limitations. 5/4/74........... 9/9/75; 40 FR (c)(12). III.E. (odors)). 41787. Section IV..................... Design................ 5/4/74........... 9/9/75; 40 FR (c)(12). 41787. Section V...................... Operation............. 5/4/74........... 9/9/75; 40 FR (c)(12). 41787. Section VI..................... Permits and Licenses.. 5/4/74........... 9/9/75; 40 FR (c)(12). 41787. Section VII.................... Circumvention......... 5/4/74........... 9/9/75; 40 FR (c)(12). 41787. Section VIII................... Severability.......... 5/4/74........... 9/9/75; 40 FR (c)(12). 41787. Section IX..................... Effective Date........ 5/4/74........... 9/9/75; 40 FR (c)(12). 41787. ---------------------------------------------------------------------------------------------------------------- Regulation XIII_Construction, Modification, Reactivation and Operation of Sources ---------------------------------------------------------------------------------------------------------------- Section I...................... Introduction.......... 10/30/95......... 3/28/03; 68 FR (c)(203). 15059. Section II..................... Program Adoption...... 10/30/95......... 3/28/03; 68 FR (c)(203). 15059. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved source-specific requirements. (1) EPA-Approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) ---------------------------------------------------------------------------------------------------------------- Additional State EPA approval explanation/ Name of source Permit No. County effective date § 52.2063 date citation ---------------------------------------------------------------------------------------------------------------- For exceptions, see the applicable paragraphs in 40 CFR 52.2063(c). ---------------------------------------------------------------------------------------------------------------- ARCO Chemical Company........ 04-313-052...... Beaver.......... 12/9/86 5/16/90; 55 FR (c)(71). 20267. IMC Chemical Group........... 39-313-014...... Lehigh.......... 12/10/86 5/16/90; 55 FR (c)(72). 20267. Aristech Chemical Corp....... 86-I-0024-P..... Allegheny....... 8/28/86 6/16/93; 58 FR (c)(80). 3/3/87 33197. The Knoll Group.............. 46-326-001A..... Montgomery...... 3/24/93 10/19/93; 58 FR (c)(87). 53885. ESSROC Materials............. PA-48-0004A..... Northampton..... 12/20/94 08/08/95; 60 FR (c)(98)(i)(B)(1 40292. ). Pennsylvania Power and Light PA-67-2005...... York............ 12/22/94 08/08/95; 60 FR (c)(98)(i)(B)(2 Co. (PP&L)_Brunner 40292. ). Island. PPG Industries, Inc._South OP-21-2002...... Cumberland...... 12/22/94 08/08/95; 60 FR (c)(98)(i)(B)(3 Middleton. 40292. ). Stroehmann Bakeries_Dauphin PA-22-2003...... Dauphin......... 12/22/94 08/08/95; 60 FR (c)(98)(i)(B)(4 County. 40292. ). General Electric OP-25-025....... Erie............ 12/21/94 08/08/95; 60 FR (c)(98)(i)(B)(5 Transportation Systems_Erie. 40292. ). J.E. Baker Co. OP-67-2001...... York............ 12/22/94 08/08/95; 60 FR (c)(98)(i)(B)(6 (Refractories)_York. 40292. ). Lafarge Corp................. OP-39-0011...... Lehigh.......... 12/23/94 08/08/95; 60 FR (c)(98)(i)(B)(7 40292. ). Lafarge Corp................. PA-39-0011A..... Lehigh.......... 12/23/94 08/08/95; 60 FR (c)(98)(i)(B)(7 40292. ). West Penn Power_Armstrong.... PA-03-000-023... Armstrong....... 12/29/94 08/08/95; 60 FR (c)(98)(i)(B)(8 40292. ). West Penn Power_Armstrong.... PA-03-306-004... Armstrong....... 3/28/94 08/08/95; 60 FR (c)(98)(i)(B)(8 40292. ). West Penn Power_Armstrong.... PA-03-306-006... Armstrong....... 11/22/94 08/08/95; 60 FR (c)(98)(i)(B)(8 40292. ). Plain and Fancy Kitchens, Inc PA-38-318-019C.. Lebanon......... 12/23/94 08/08/95; 60 FR (c)(98)(i)(B)(9 40292. ). Stroehmann Bakeries_Bradford PA-08-0001...... Bradford........ 2/9/95 08/10/95; 60 FR (c)(101)(i)(B). County. 40758. Stroehmann Bakeries_Bradford OP-08-0001A..... Bradford........ 2/9/95 08/10/95; 60 FR (c)(101)(i)(B). County. 40758. Stroehmann Bakeries_Lycoming PA-41-0001...... Lycoming........ 2/9/95 08/10/95; 60 FR (c)(101)(i)(B). County. 40758. Stroehmann Bakeries_Lycoming OP-41-0001A..... Lycoming........ 2/9/95 08/10/95; 60 FR (c)(101)(i)(B). County. 40758. Philadelphia Electric Co. OP23-0017....... Delaware........ 12/28/94 09/08/95; 60 FR (c)(102)(i)(B)( (PECO)_Eddystone. 46768. 1). Philadelphia Electric Co. PA23-0017....... Delaware........ 12/28/94 09/08/95; 60 FR (c)(102)(i)(B)( (PECO)_Eddystone. 46768. 1). Gilberton Power Co._John Rich OP-54-0004...... Schuylkill...... 12/20/94 09/08/95; 60 FR (c)(102)(i)(B)( Memorial. 46768. 2). Bethlehem Steel_Coke and OP-48-0013...... Northampton..... 12/20/94 09/08/95; 60 FR (c)(102)(i)(B)( Chemical Production. 46768. 3). Bethlehem Steel_Foundry...... OP-48-0014...... Northampton..... 12/20/94 09/08/95; 60 FR (c)(102)(i)(B)( 46768. 3). Bethlehem Steel_Structural OP-48-0010...... Northampton..... 12/20/94 09/08/95; 60 FR (c)(102)(i)(B)( Products. 46768. 3). Bethlehem Steel_Forging...... OP-48-0015...... Northampton..... 12/20/94 09/08/95; 60 FR (c)(102)(i)(B)( 46768. 3). Westwood Energy Properties, OP-54-000-6..... Schuylkill...... 12/27/94 09/08/95; 60 FR (c)(102)(i)(B)( Inc. (CRS Sirrine, Inc.). 46768. 4). PECO Energy Co._Front Street. OP-46-0045...... Montgomery...... 3/31/95 09/08/95; 60 FR (c)(102)(i)(B)( 46768. 5). Crawford Furniture OP-16-021....... Clarion......... 3/27/95 09/08/95; 60 FR (c)(102)(i)(B)( Manufacturing Corp._Clarion 46768. 6). County. Schuylkill Energy Resources.. OP-54-0003...... Schuylkill...... 5/19/95 09/08/95; 60 FR (c)(102)(i)(B)( 46768. 7). Columbia Gas Transmission OP-52-0001...... Pike............ 4/21/95 09/08/95; 60 FR (c)(102)(i)(B)( Corp._Milford Compressor 46768. 9). Station. Texas Eastern Transmission OP-31-2003...... Huntingdon...... 5/16/95 09/08/95; 60 FR (c)(102)(i)(B)( Corp._Entriken Compressor 46768. 10). Station. Columbia Gas Transmission OP-28-2003...... Franklin........ 4/21/95 09/08/95; 60 FR (c)(102)(i)(B)( Corp._Greencastle Compressor 46768. 11). Station. Lord Corporation_Aerospace OP-25-095....... Erie............ 3/30/95 09/08/95; 60 FR (c)(102)(i)(B)( Div. 46768. 12). Tennessee Gas Pipeline Co. PA-53-0001; OP- Potter.......... 11/27/95 04/09/96; 61 FR (c)(103)(i)(B)( (TENNECO)_Station 313. 53-0001; CP-53- 15709. 1). 0001. Corning Asahi Video OP-14-0003...... Centre.......... 12/27/94 04/09/96; 61 FR (c)(103)(i)(B)( Products_State College. 15709. 2). Corning Asahi Video OP-14-309-009C.. Centre.......... 5/5/94 04/09/96; 61 FR (c)(103)(i)(B)( Products_State College. 15709. 2). Corning Asahi Video OP-14-309-010A.. Centre.......... 8/18/94 04/09/96; 61 FR (c)(103)(i)(B)( Products_State College. 15709. 2). Corning Asahi Video OP-14-309-037A.. Centre.......... 5/5/94 04/09/96; 61 FR (c)(103)(i)(B)( Products_State College. 15709. 2). Columbia Gas Transmission OP-48-0001; PA- Northampton..... 5/19/95 04/09/96; 61 FR (c)(103)(i)(B)( Corp._Easton Compressor 48-0001A. 15709. 3). Station. Texas Eastern Transmission OP-05-2007...... Bedford......... 5/16/94 04/09/96; 61 FR (c)(103)(i)(B)( Corp._Bedford Compressor 15709. 4). Station. Texas Eastern Transmission PA-36-2025...... Lancaster....... 5/16/95 04/09/96; 61 FR (c)(103)(i)(B)( Corp._Marietta Compressor 15709. 5). Station. Hercules Cement Co........... PA-48-0005; PA- Northampton..... 12/23/94 04/09/96; 61 FR (c)(103)(i)(B)( 48-0005A. 15709. 6). ESSROC (formerly Lone Star OP-48-0007...... Northampton..... 12/29/94 04/09/96; 61 FR (c)(103)(i)(B)( Industries, Inc.). 15709. 7). Pennsylvania Power and Light PA-47-0001; 47- Montour......... 12/27/94 04/09/96; 61 FR (c)(103)(i)(B)( Co. (PP&L)_Montour. 0001A. 15709. 8). Pennsylvania Electric Co. PA-17-0001...... Clearfield...... 12/27/94 04/09/96; 61 FR (c)(103)(i)(B)( (PENELEC)_Shawville. 15709. 9). Zinc Corp. of America_Potter OP-04-000-044... Beaver.......... 12/29/94 04/09/96; 61 FR (c)(103)(i)(B)( Twp. 15709. 10). The Procter and Gamble Paper OP-66-0001; PA- Wyoming......... 12/20/94 04/09/96; 61 FR (c)(103)(i)(B)( Products Company Mehoopany. 66-0001A. 15709. 11). Columbia Gas Transmission OP-25-892....... Erie............ 4/11/95 04/09/96; 61 FR (c)(103)(i)(B)( Corp._Union City Compressor 15709. 12). Station. James River OP-28-2006...... Franklin........ 6/14/95 02/12/96; 61 FR (c)(104)(i)(C)( Corp._Chambersburg. 05303. 1). Appleton Papers, OP-21-2004...... Cumberland...... 5/24/95 02/12/96; 61 FR (c)(104)(i)(C)( Inc._Harrisburg. 05303. 2). Air Products and Chemicals, OP-39-0008...... Lehigh.......... 5/25/95 02/12/96; 61 FR (c)(104)(i)(C)( Inc._Corporate R & D. 05303. 3). Elf Atochem North America, OP-46-0022...... Montgomery...... 6/27/95 02/12/96; 61 FR (c)(104)(i)(C)( Inc._King of Prussia. 05303. 4). York City Sewer Authority OP-67-2013...... York............ 3/1/95 02/12/96; 61 FR (c)(104)(i)(C)( (Wastewater Treatment Plant). 05303. 5). Glasgow, Inc._Ivy Rock....... OP-46-0043...... Montgomery...... 6/7/95 02/12/96; 61 FR (c)(104)(i)(C)( 05303. 6). Glasgow, Inc._Spring House... OP-46-0029...... Montgomery...... 6/7/95 02/12/96; 61 FR (c)(104)(i)(C)( 05303. 7). Glasgow, Inc._Catanach....... OP-15-0021...... Chester......... 6/7/95 02/12/96; 61 FR (c)(104)(i)(C)( 05303. 8). Glasgow, Inc._Freeborn....... OP-23-0026...... Delaware........ 6/7/95 02/12/96; 61 FR (c)(104)(i)(C)( 05303. 9). UGI Utilities_Hunlock Creek.. OP-40-0005; PA- Luzerne......... 12/20/94 05/16/96; 61 FR (c)(108)(i)(B)( 40-0005A. 24706. 1). Solar Turbines, Inc. (York PA-67-2009...... York............ 8/17/95 05/16/96; 61 FR (c)(108)(i)(B)( Cogeneration Facility). 24706. 2). Solar Turbines, Inc. (York CP-67-2009...... York............ 8/17/95 05/16/96; 61 FR (c)(108)(i)(B)( Cogeneration Facility). 24706. 2). Columbia Gas Transmission OP-18-0001; PA- Clinton......... 7/18/95 05/16/96; 61 FR (c)(108)(i)(B)( Corp._Renovo Compressor 18-0001. 24706. 3). Station. National Fuel Gas Supply OP-53-0007 PA-53- Potter.......... 7/17/95 05/16/96; 61 FR (c)(108)(i)(B)( Corp._East Fork Compressor 0007A. 24706. 4). Station. York County Solid Waste & PA-67-2006...... York............ 8/25/95 05/16/96; 61 FR (c)(108)(i)(B)( Refuse Authority 24706. 5). (Y.C.R.R.C.). W. R. Grace and Co._FORMPAC PA-06-1036...... Berks........... 5/12/95 05/16/96; 61 FR (c)(108)(i)(B)( Div.. 24706. 6). W. R. Grace and Co._Reading PA-06-315-001... Berks........... 6/4/92 05/16/96; 61 FR (c)(108)(i)(B)( Plant. 24706. 6). CNG Transmission Corp._Cherry PA-32-000-303... Indiana......... 7/5/95 05/16/96; 61 FR (c)(108)(i)(B)( Tree Sta.. 24706. 7) EPC Power Corp. of Bethlehem OP-23-0007...... Delaware........ 6/8/95 05/16/96; 61 FR (c)(108)(i)(B)( (Crozer Chester CoGen). 24706. 8). C-P Converters, Inc._York.... OP-67-2030...... York............ 8/30/95 05/16/96; 61 FR (c)(108)(i)(B)( 24706. 9). Fisher Scientific Co. OP-32-000-100... Indiana......... 7/18/95 05/16/96; 61 FR (c)(108)(i)(B)( International_Indiana. 24706. 10). Adelphi Kitchens, OP-06-1001...... Berks........... 4/4/95 05/16/96; 61 FR (c)(108)(i)(B)( Inc._Robesonia Factory. 24706. 11). Birchcraft Kitchens, OP-06-1005...... Berks........... 4/4/95 05/16/96; 61 FR (c)(108)(i)(B)( Inc._Reading Factory. 24706. 12). Glasgow, Inc._Bridgeport OP-46-0044...... Montgomery...... 6/7/95 05/16/96; 61 FR (c)(108)(i)(B)( Asphalt Plant. 24706. 13). Caparo Steel Co._Farrell..... OP-43-285....... Mercer.......... 11/3/95 12/20/96; 61 FR (c)(113)(i)(B)( 67229. 1); 52.2037(g). Sharon Steel Corp._Farrell... OP-43-017....... Mercer.......... 11/3/95 12/20/96; 61 FR (c)(113)(i)(B)( 67229. 2); 52.2036(f); 52.2037(e). DMi Furniture, Inc._Timely OP-01-2001...... Adams........... 6/13/95 03/12/97; 62 FR (c)(114)(i)(B)( Plant #7 (Gettysburg). 11079. 1). R.R. Donnelley and Sons OP-36-2026...... Lancaster....... 7/14/95 03/12/97; 62 FR (c)(114)(i)(B)( Co._Lancaster West Plant. 11079. 2). International Paper OP-18-0005...... Clinton......... 12/27/94 01/29/97; 62 FR (c)(115)(i)(B). Company_Hammermill Papers 04167. Division. Lucent Technology (formerly PA-06-1003...... Berks........... 6/26/95 04/18/97; 62 FR (c)(117)(i)(B)( AT&T Corp.)_Reading. 19051. 1). Garden State Tanning, PA-06-1014...... Berks........... 6/21/95 04/18/97; 62 FR (c)(117)(i)(B)( Inc._Fleetwood Plant. 19051. 2). Glidden Co., The_Reading..... OP-06-1035...... Berks........... 2/15/96 04/18/97; 62 FR (c)(117)(i)(B)( 19051. 3). Maier's Bakery_Reading Plant. PA-06-1023...... Berks........... 9/20/95 04/18/97; 62 FR (c)(118)(i)(B)( 19047. 1). Morgan Corp._Morgantown Plant OP-06-1025...... Berks........... 8/31/95 04/18/97; 62 FR (c)(118)(i)(B)( 19047. 2). Allentown Cement Co., PA-06-1002...... Berks........... 10/11/95 04/18/97; 62 FR (c)(118)(i)(B)( Inc._Evansville Plant. 19047. 3). Quaker Maid (Schrock Cabinet OP-06-1028...... Berks........... 10/27/95 04/18/97; 62 FR (c)(118)(i)(B)( Group)_Leesport. 19047. 4). Brentwood Industries, PA-06-1006...... Berks........... 2/12/96 04/18/97; 62 FR (c)(118)(i)(B)( Inc._Reading Plant. 19047. 5). Metropolitan Edison Co. PA-06-1024...... Berks........... 3/9/95 04/18/97; 62 FR (c)(118)(i)(B)( (MetEd)_Titus Station. 19047. 6). ICI PA-15-0009; CP- Chester......... 10/3/95 04/18/97; 62 FR (c)(118)(i)(B)( Fluoropolymers_Downingtown. 15-0009. 19047. 7). Synthetic Thread Co., PA-39-0007A..... Lehigh.......... 8/10/95 04/18/97; 62 FR (c)(118)(i)(B)( Inc._Bethlehem. 19047. 8). Bird-in-Hand Woodwork, Inc. OP-36-2022...... Lancaster....... 9/27/95 04/18/97; 62 FR (c)(118)(i)(B)( (Childcraft Education Corp.). 19047. 9). Heinz Pet Products_Bloomsburg OP-19-0003...... Columbia........ 11/27/95 08/21/97; 62 FR (c)(119)(i)(B)( 44413. 1). Graco Children's Products, OP-15-0006...... Chester......... 11/30/95 08/21/97; 62 FR (c)(119)(i)(B)( Inc._Elverson. 44413. 2). Texas Eastern Transmission OP-06-1033...... Berks........... 1/31/97 04/18/97; 62 FR (c)(120)(i)(B)( Corp._Bernville. 19049. 1). Texas Eastern Transmission OP-06-1034...... Berks........... 1/31/97 04/18/97; 62 FR (c)(120)(i)(B)( Corp._Bechtelsville. 19049. 2). Carpenter Technology OP-06-1007...... Berks........... 9/27/96 04/18/97; 62 FR (c)(120)(i)(B)( Corp._Reading Plant. 19049. 3), (ii)(B). North American Fluoropolymers 06-1026; CP-06- Berks........... 4/19/95 04/18/97; 62 FR (c)(120)(i)(B)( Co. (NAFCO). 1026. 6/1/95 19049. 4), (ii)(B). CNG Transmission PA-53-0004A..... Potter.......... 2/29/96 06/11/97; 62 FR (c)(121)(i)(B)( Corp._Ellisburg Compressor 31732. 1). Station. CNG Transmission OP-53-0004A..... Potter.......... 2/29/96 06/11/97; 62 FR (c)(121)(i)(B)( Corp._Ellisburg Compressor 31732. 1). Station. CNG Transmission CP-53-0004A..... Potter.......... 2/29/96 06/11/97; 62 FR (c)(121)(i)(B)( Corp._Ellisburg Compressor 31732. 1). Station. CNG Transmission PA-53-0003A..... Potter.......... 12/18/95 06/11/97; 62 FR (c)(121)(i)(B)( Corp._Greenlick Compressor 31732. 2). Station. CNG Transmission CP-53-0003A..... Potter.......... 12/18/95 06/11/97; 62 FR (c)(121)(i)(B)( Corp._Greenlick Compressor 31732. 2). Station. CNG Transmission OP-53-0003A..... Potter.......... 12/18/95 06/11/97; 62 FR (c)(121)(i)(B)( Corp._Greenlick Compressor 31732. 2). Station. CNG Transmission Corp._Crayne 30-000-089...... Greene.......... 12/22/95 06/11/97; 62 FR (c)(121)(i)(B)( Station. 31732. 3). CNG Transmission Corp._State OP-53-0003A..... Potter.......... 1/10/96 06/11/97; 62 FR (c)(121)(i)(B)( Line Station. 31732. 4). CNG Transmission Corp._Big PA-33-147....... Jefferson....... 6/27/95 06/11/97; 62 FR (c)(121)(i)(B)( Run Station. 31732. 5). Medusa Cement Company........ OP-37-013....... Lawrence........ 7/27/95 06/03/97; 62 FR (c)(122)(i)(B)( 30250. 1). Keystone Cement Co........... OP-48-0003...... Northampton..... 5/25/95 06/03/97; 62 FR (c)(122)(i)(B)( 30250. 2). Lehigh Portland Cement OP-67-2024...... York............ 5/26/95 06/03/97; 62 FR (c)(122)(i)(B)( Company. 30250. 3). Mercer Lime and Stone Company OP-10-023....... Butler.......... 5/31/95 06/03/97; 62 FR (c)(122)(i)(B)( 30250. 4). Con-Lime, Inc................ OP-14-0001...... Centre.......... 6/30/95 06/03/97; 62 FR (c)(122)(i)(B)( 30250. 5). Pennzoil Products PA-61-016....... Venango......... 9/8/95 06/11/97; 62 FR (c)(124)(i)(B). Co._Rouseville. 31738. R.R. Donnelley&Sons OP-36-2027...... Lancaster....... 7/14/95 07/21/97; 62 FR (c)(125)(i)(B); Co._Lancaster East Plant. 33891. 52.2036j. Panther Creek Partners....... OP-13-0003...... Carbon.......... 12/2/96 09/29/97; 62 FR (c)(128)(i)(B). 50871. Allegro Microsystems, W.G., OP-46-0006...... Montgomery...... 12/19/97 03/09/98; 63 FR (c)(130)(i)(B)( Inc._Willow Grove. 11370. 1). Hale Products, OP-46-0057...... Montgomery...... 11/21/97 03/09/98; 63 FR (c)(130)(i)(B)( Inc._Conshohocken. 11370. 2). Con-Lime, Inc._Bellefonte.... OP-14-0001...... Centre.......... 1/7/98 03/09/98; 63 FR (c)(130)(i)(B)( 11370. 3). Coastal Aluminum Rolling OP-41-0007...... Lycoming........ 11/21/97 03/09/98; 63 FR (c)(130)(i)(B)( Mills. Inc._Williamsport. 11370. 4). ABP/International Envelope OP-15-0023...... Chester......... 11/2/95 03/09/98; 63 FR (c)(130)(i)(B)( Co.. 11370. 5). Brown Printing Company....... CP-46-0018...... Montgomery...... 9/26/96 03/09/98; 63 FR (c)(130)(i)(B)( 10/27/97 11370. 6). Fibre-Metal Products Company. OP-23-0025...... Delaware........ 2/20/98 06/29/98; 63 FR (c)(132)(i)(B)( 35145. 1). Finnaren & Haley, Inc.... OP-46-0070...... Montgomery...... 3/5/98 06/29/98; 63 FR (c)(132)(i)(B)( 35145. 2). Fres-co System USA, Inc...... OP-09-0027...... Bucks........... 3/5/98 06/29/98; 63 FR (c)(132)(i)(B)( 35145. 3). Graphic Packaging Corporation OP-15-0013...... Chester......... 2/28/98 06/29/98; 63 FR (c)(132)(i)(B)( 35145. 4). Montour Oil Service Company, OP-41-0013...... Lycoming........ 3/19/98 06/29/98; 63 FR (c)(132)(i)(B)( a division of Sun Company, 35145. 5). Inc.. Atlantic Refining and OP-49-0015...... Northampton..... 3/19/98 06/29/98; 63 FR (c)(132)(i)(B)( Marketing Corp. (Sun Co., 35145. 6). Inc. (R & M)). Transwall Corporation........ OP-15-0025...... Chester......... 3/10/98 06/29/98; 63 FR (c)(132)(i)(B)( 35145. 7). Tavo Packaging (formerly Mead OP-09-0008...... Bucks........... 11/8/95 06/29/98; 63 FR (c)(132)(i)(B)( Packaging Company). 35145. 8). CNG Transmission PA-53-0005A..... Potter.......... 4/16/96 10/08/98; 63 FR (c)(134)(i)(B)( Corp._Harrison Compressor 54050. 1). Station. CNG Transmission OP-53-0005A..... Potter.......... 4/16/96 10/08/98; 63 FR (c)(134)(i)(B)( Corp._Harrison Compressor 54050. 1). Station. CNG Transmission CP-53-0005A..... Potter.......... 4/16/96 10/08/98; 63 FR (c)(134)(i)(B)( Corp._Harrison Compressor 54050. 1). Station. CNG Transmission Corp._Leidy PA-18-0004A..... Clinton......... 3/25/96 10/08/98; 63 FR (c)(134)(i)(B)( Station. 54050. 2). CNG Transmission Corp._Leidy OP-18-0004...... Clinton......... 2/29/96 10/08/98; 63 FR (c)(134)(i)(B)( Compressor Station. 54050. 2). CNG Transmission Corp._Leidy CP-18-0004A..... Clinton......... 3/25/96 10/08/98; 63 FR (c)(134)(i)(B)( Station. 54050. 2). CNG Transmission PA-59-0002A..... Tioga........... 12/18/95 10/08/98; 63 FR (c)(134)(i)(B)( Corp._Sabinsville Compressor 54050. 3). Station. CNG Transmission OP-59-0002...... Tioga........... 12/18/95 10/08/98; 63 FR (c)(134)(i)(B)( Corp._Sabinsville Compressor 54050. 3). Station. CNG Transmission CP-59-0002A..... Tioga........... 12/18/95 10/08/98; 63 FR (c)(134)(i)(B)( Corp._Sabinsville Station. 54050. 3). CNG Transmission Corp._Tioga OP-59-0006...... Tioga........... 1/16/96 10/08/98; 63 FR (c)(134)(i)(B)( Station. 54050. 4). Eldorado Properties OP-49-0016...... Northumberland.. 5/1/98 11/06/98; 63 FR (c)(136)(i)(B)( Corp._Northumberland 59884. 1). Terminal. Endura Products, Inc......... OP-09-0028...... Bucks........... 5/13/98 11/06/98; 63 FR (c)(136)(i)(B)( 59884. 2). Ford Electronics & OP-46-0036...... Montgomery...... 4/30/98 11/06/98; 63 FR (c)(136)(i)(B)( Refrigeration Company. 59884. 3). H & N Packaging., Inc. OP-09-0038...... Bucks........... 6/8/98 11/06/98; 63 FR (c)(136)(i)(B)( (formerly Paramount 59884. 4). Packaging Corp.). Lancaster County Solid Waste 36-02013........ Lancaster....... 6/3/98 11/06/98; 63 FR (c)(136)(i)(B)( Management Authority. 59884. 5). Monsey Products Co._Kimberton OP-15-0031...... Chester......... 6/4/98 11/06/98; 63 FR (c)(136)(i)(B)( 59884. 6). Ortho-McNeil OP-46-0027...... Montgomery...... 6/4/98 11/06/98; 63 FR (c)(136)(i)(B)( Pharamaceutical_Spring House. 59884. 7). Piccari Press, Inc........... OP-09-0040...... Bucks........... 4/29/98 11/06/98; 63 FR (c)(136)(i)(B)( 59884. 8). Pierce and Stevens OP-15-0011...... Chester......... 3/27/98 11/06/98; 63 FR (c)(136)(i)(B)( Corp._Kimberton. 59884. 9). PQ Corporation_Chester....... OP-23-0016...... Delaware........ 6/16/98 11/06/98; 63 FR (c)(136)(i)(B)( 59884. 10). Reynolds Metals Company OP-15-0004...... Chester......... 5/8/98 11/06/98; 63 FR (c)(136)(i)(B)( Downington. 59884. 11). Rhone-Poulenc Rorer OP-46-0048B..... Montgomery...... 4/2/98 11/06/98; 63 FR (c)(136)(i)(B)( Pharmaceutical, Inc. 59884. 12). Superior Tube Company........ OP-46-0020...... Montgomery...... 4/17/98 11/06/98; 63 FR (c)(136)(i)(B)( 59884. 13). Uniform Tubes Inc............ OP-46-0046A..... Montgomery...... 3/26/98 11/06/98; 63 FR (c)(136)(i)(B)( 59884. 14). U.S. Air Force_Willow Grove OP-46-0072...... Montgomery...... 5/1/98 11/06/98; 63 FR (c)(136)(i)(B)( Air Reserve Station. 59884. 15). Naval Air Station, Joint OP-46-0079...... Montgomery...... 5/4/98 11/06/98; 63 FR (c)(136)(i)(B)( Reserve Base_Willow Grove. 59884. 16). Columbia Gas Transmission 05-2006......... Bedford......... 4/19/95 12/03/98; 63 FR (c)(137)(i)(B)( Corp._Artemas Compressor 66755. 1). Station. Columbia Gas Transmission 63-000-631...... Washington...... 7/10/95 12/03/98; 63 FR (c)(137)(i)(B)( Corp._Donegal Compressor 66755. 2). Station. Columbia Gas Transmission 01-2003......... Adams........... 4/21/95 12/03/98; 63 FR (c)(137)(i)(B)( Corp._Gettysburg Compressor 66755. 3). Station. Columbia Gas Transmission OP-15-0022...... Chester......... 2/1/96 12/03/98; 63 FR (c)(137)(i)(B)( Corp._Eagle Compressor 66755. 4). Station. Columbia Gas Transmission CP-15-0020...... Chester......... 9/15/95 12/03/98; 63 FR (c)(137)(i)(B)( Corp._Downingtown. 66755. 5). GKN Sinter Metals, Inc....... OP-12-0002...... Cameron......... 10/30/98 04/16/99; 64 FR (c)(138)(i)(B)( 18821. 1). Cabinet Industries, OP-47-0005...... Montour......... 9/21/98 04/16/99; 64 FR (c)(138)(i)(B)( Inc._Water Street Plant. 18821. 2). Springs Window Fashions OP-41-0014...... Lycoming........ 9/29/98 04/16/99; 64 FR (c)(138)(i)(B)( Division, Inc.. 18821. 3). Centennial Printing Corp..... OP-46-0068...... Montgomery...... 10/31/96 04/16/99; 64 FR (c)(138)(i)(B)( 5/11/98 18821. 4). Strick Corp._Danville........ OP-47-0002...... Montour......... 8/28/96 04/16/99; 64 FR (c)(138)(i)(B)( 18821. 5). Handy and Harmon Tube OP-46-0016...... Montgomery...... 9/25/95 04/16/99; 64 FR (c)(138)(i)(B)( Co._Norristown. 18821. 6). Boeing Defense & Space CP-23-0009...... Delaware........ 9/3/97 12/15/00; 65 FR (c)(143)(i)(B)( Group_Helicopters Div. 78418. 1). Delaware County Regional OP-23-0032...... Delware......... 3/12/97 12/15/00; 65 FR (c)(143)(i)(B)( Authority's Western Regional 5/16/97 78418. 2). Treatment Plant (DELCORA WRTP). Delbar Products, OP-09-0025...... Bucks........... 2/1/96 12/15/00; 65 FR (c)(143)(i)(B)( Inc._Perkasie. 78418. 3). Department of Public Welfare OP-46-0060...... Montgomery...... 1/21/98 12/15/00; 65 FR (c)(143)(i)(B)( (NSH)_Norristown. 78418. 4). Dopaco, Inc._Downingtown..... CP-15-0029...... Chester......... 3/6/96 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 5). Garlock, Inc. (Plastomer PA-09-0035...... Bucks........... 3/12/97 12/15/00; 65 FR (c)(143)(i)(B)( Products). 78418. 6). Interstate Brands Corporation PLID (51-)5811.. Philadelphia.... 4/10/95 12/15/00; 65 FR (c)(143)(i)(B)( (formerly, Continental 78418. 7). Baking Company). J. B. Slevin Company OP-23-0013...... Delaware........ 9/3/96 12/15/00; 65 FR (c)(143)(i)(B)( Inc._Lansdowne. 78418. 8). Laclede Steel Co._Fairless OP-09-0023...... Bucks........... 7/17/95 12/15/00; 65 FR (c)(143)(i)(B)( Hills. 78418. 9). LNP Engineering Plastics, OP-15-0035...... Chester......... 10/31/97 12/15/00; 65 FR (c)(143)(i)(B)( Inc._Thorndale. 78418. 10). Lukens Steel Co._Coatesville. OP-15-0010...... Chester......... 5/6/99 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 11). Nabisco Biscuit Co........... PLID (51-)3201.. Philadelphia.... 4/10/95 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 12). PECO Energy Co._Croydon OP-09-0016A..... Bucks........... 12/20/96 12/15/00; 65 FR (c)(143)(i)(B)( Generating Station. 78418. 13). PECO Energy Co._Limerick OP-46-0038...... Montgomery...... 7/25/95 12/15/00; 65 FR (c)(143)(i)(B)( Generating Station. 78418. 14). PECO Energy Co._USX Fairless OP-09-0066...... Bucks........... 12/31/98 12/15/00; 65 FR (c)(143)(i)(B)( Works Powerhouse. 4/6/99 78418. 15). PECO Energy Co._West OP-46-0045A..... Montgomery...... 12/4/97 12/15/00; 65 FR (c)(143)(i)(B)( Conshocken Plant. 78418. 16). Pennsylvania Electric 25-0041......... Erie............ 2/25/99 12/15/00; 65 FR (c)(143)(i)(B)( Co._Front Street Station. 78418. 17). American Inks and Coatings OP-15-0026A..... Chester......... 1/10/97 12/15/00; 65 FR (c)(143)(i)(B)( Corp._Valley Forge. 78418. 18). Avery Dennison Co. (Fasson OP-09-0001A..... Bucks........... 10/2/97 12/15/00; 65 FR (c)(143)(i)(B)( Roll Division)_Quakertown. 78418. 19). Cabot Performance OP-46-0037...... Montgomery...... 4/13/99 12/15/00; 65 FR (c)(143)(i)(B)( Materials_Boyertown. 78418. 20). Cleveland Steel Container OP-09-0022...... Bucks........... 9/30/96 12/15/00; 65 FR (c)(143)(i)(B)( Corp._Quakertown. 78418. 21). CMS Gilbreth Packaging OP-09-0036...... Bucks........... 1/7/97 12/15/00; 65 FR (c)(143)(i)(B)( Systems_Bristol. 78418. 22). CMS Gilbreth Packaging OP-09-0037...... Bucks........... 4/10/97 12/15/00; 65 FR (c)(143)(i)(B)( Systems_Bensalem. 78418. 23). Congoleum Corp._Marcus Hook.. OP-23-0021...... Delaware........ 12/31/98 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 24). Epsilon Products Co._Marcus OP-23-0012...... Delaware........ 2/15/96 12/15/00; 65 FR (c)(143)(i)(B)( Hook. 78418. 25). Foamex International, OP-23-0006A..... Delaware........ 3/30/99 12/15/00; 65 FR (c)(143)(i)(B)( Inc._Eddystone. 78418. 26). Forms, Inc., Spectra OP-46-0023...... Montgomery...... 11/9/95/ 12/15/00; 65 FR (c)(143)(i)(B)( Graphics_Willow Grove. 3/25//98 78418. 27). Global Packaging, Inc. OP-46-0026...... Montgomery...... 8/30/96 12/15/00; 65 FR (c)(143)(i)(B)( (formerly BG Packaging_Oaks). 12/24/97 78418. 28). Jefferson Smurfit Corp. OP-46-0041...... Montgomery...... 4/18/97 12/15/00; 65 FR (c)(143)(i)(B)( (Container Corp. of 78418. 29). Amer.)_Oaks. Jefferson Smurfit Corp. OP-46-0062...... Montgomery...... 7/15/96 12/15/00; 65 FR (c)(143)(i)(B)( (Container Corp. of 78418. 30). Amer.)_North Wales. Lonza, Inc._Conshohocken..... OP-46-0025...... Montgomery...... 4/22/97 12/15/00; 65 FR (c)(143)(i)(B)( 6/16/98 78418. 31). Markel Corporation........... OP-46-0081...... Montgomery...... 4/9/99 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 32). McCorquodale Security Cards, OP-15-0037...... Chester......... 9/3/96 12/15/00; 65 FR (c)(143)(i)(B)( Inc._West Whiteland. 78418. 33). Mike_Rich, Inc. (MRI)_Newtown OP-09-0021...... Bucks........... 12/20/96 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 34). Minnesota Mining and CP-09-0005...... Bucks........... 8/8/96 12/15/00; 65 FR (c)(143)(i)(B)( Manufacturing (3M) 78418. 35). Company_Bristol. MM Biogas Power LLC (formerly CP-46-0067...... Montgomery...... 10/31/97 12/15/00; 65 FR (c)(143)(i)(B)( O'Brien Environmental 78418. 36). Energy, Inc.). Norwood Industries, OP-15-0014A..... Chester......... 12/20/96 12/15/00; 65 FR (c)(143)(i)(B)( Inc._Frazer. 12/2/99 78418. 37). NVF Company.................. OP-15-0030...... Chester......... 4/13/99 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 38). Occidental Chemical Corp. OP-46-0015...... Montgomery...... 11/7/96 12/15/00; 65 FR (c)(143)(i)(B)( (Vinyls Div.)_Pottstown. 78418. 39). Philadelphia Newspapers, Inc. OP-46-0012...... Montgomery...... 8/30/96 12/15/00; 65 FR (c)(143)(i)(B)( (Schuylkill Printing Plant). 3/15/00 78418. 40). The Proctor and Gamble Paper OP-66-0001...... Wyoming......... 4/4/97 12/15/00; 65 FR (c)(143)(i)(B)( Products Co.. 78418. 41). Quebecor Printing Atglen, OP-15-0002...... Chester......... 12/10/96 12/15/00; 65 FR (c)(143)(i)(B)( Inc._Atglen. 78418. 42). Sartomer Company, Inc........ OP-15-0015...... Chester......... 1/17/96 12/15/00; 65 FR (c)(143)(i)(B)( 3/25/98 78418. 43). Siberline Manufacturing Co... OP-54-0041...... Schuylkill...... 4/19/99 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 44). SmithKline Beecham Research OP-46-0031...... Montgomery...... 10/31/97 12/15/00; 65 FR (c)(143)(i)(B)( Co. (formerly Sterling 5/1/98 78418. 45). Winthrop, Inc.). Sullivan Graphics, Inc._York. OP-67-2023...... York............ 8/22/95 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 46). Sun Company, Inc (R&M) OP-23-0010...... Delaware........ 10/31/96 12/15/00; 65 FR (c)(143)(i)(B)( (formerly Chevron 78418. 47). USA)_Tinicum. Sun Company, Inc (R&M) OP-23-0011...... Delaware........ 10/31/96 12/15/00; 65 FR (c)(143)(i)(B)( (formerly Chevron USA)_Darby. 78418. 48). Universal Packaging OP-46-0156...... Montgomery...... 4/8/99 12/15/00; 65 FR (c)(143)(i)(B)( Corporation. 78418. 49). Zenith Products Corp._Aston.. OP-23-0008...... Delaware........ 4/7/97 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 50). Budd Company................. PLID 51-1564.... Philadelphia.... 12/28/95 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 51). Bellevue Cogeneration Plant.. PLID (51-) 6513. Philadelphia.... 4/10/95 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 52). MSC Pre-Finish Metals, OP-09-0030...... Bucks........... 11/7/96 12/15/00; 65 FR (c)(143)(i)(B)( Inc._Morrisville. 3/31/98 78418. 53). Temple University, Health PLID (51-) 8906. Philadelphia.... 5/27/95 12/15/00; 65 FR (c)(143)(i)(B)( Sciences Center. 78418. 54). TRIGEN_Schuylkill Station.... PLID (51-)4942.. Philadelphia.... 5/29/95 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 55). TRIGEN_Edison Station........ PLID (51-)4902.. Philadelphia.... 5/29/95 12/15/00; 65 FR (c)(143)(i)(B)( 78418. 56). Advanced Glassfiber Yarns LLC OP-31-02002..... Huntingdon...... 4/13/99 08/06/01; 66 FR (c)(149)(i)(B)( (formerly Owens 40891. 1). Corning)_Huntingdon. Armstrong World Industries, OP-18-0002...... Clinton......... 7/6/95 08/06/01; 66 FR (c)(149)(i)(B)( Inc._Beech Creek. 40891. 2). Bemis Company, Film Division. OP-40-0007A..... Luzerne......... 10/10/95 08/06/01; 66 FR (c)(149)(i)(B)( 40891. 3). Brentwood Industries, Inc.... PA-06-1006A..... Berks........... 6/3/99 08/06/01; 66 FR (c)(149)(i)(B)( 40891. 4). Certainteed Corp._Mountaintop OP-40-0010...... Luzerne......... 5/31/96 08/06/01; 66 FR (c)(149)(i)(B)( 40891. 5). CNG Transmission Corp._Ardell OP-24-120....... Elk............. 9/30/95 08/06/01; 66 FR (c)(149)(i)(B)( Station. 40891. 6). CNG Transmission PA-18-0003A..... Clinton......... 2/29/96 08/06/01; 66 FR (c)(149)(i)(B)( Corp._Finnefrock Station. 40891. 7). Consol Pennsylvania Coal OP-30-000-072... Greene.......... 3/23/99 08/06/01; 66 FR (c)(149)(i)(B)( Company_Bailey Prep Plant. 40891. 8). Consolidated Rail Corp. OP-07-2002...... Blair........... 8/29/95 08/06/01; 66 FR (c)(149)(i)(B)( (CONRAIL)_Hollidaysburg Car 40891. 9). Shop. Consolidated Rail Corp. OP-07-2003...... Blair........... 8/29/95 08/06/01; 66 FR (c)(149)(i)(B)( (CONRAIL)_Juniata. 40891. 10). Containment Solutions, Inc. OP- 31-02005.... Huntingdon...... 4/9/99 08/06/01; 66 FR (c)(149)(i)(B)( (formerly called Fluid 40891. 11). Containment_Mt. Union). Cooper Energy Systems, Grove OP- 43-003...... Mercer.......... 7/25/96 08/06/01; 66 FR (c)(149)(i)(B)( City. 40891. 12). Cyprus Cumberland Resources OP-30-000-040... Greene.......... 3/26/99 08/06/01; 66 FR (c)(149)(i)(B)( Corp. 40891. 13). Defense OP-67-02041..... York............ 2/1/00 08/06/01; 66 FR (c)(149)(i)(B)( Distribution_Susquehanna. 40891. 14). EMI Company.................. OP-25-070....... Erie............ 10/24/96 08/06/01; 66 FR (c)(149)(i)(B)( 40891. 15). Empire Sanitary Landfill, OP-35-0009...... Lackawanna...... 10/17/96 08/06/01; 66 FR (c)(149)(i)(B)( Inc.. 40891. 16). Equitrans, Inc._Rogersville (OP)30-000-109.. Greene.......... 7/10/95 08/06/01; 66 FR (c)(149)(i)(B)( Station. 40891. 17). Equitrans, Inc._Pratt Station (OP)30-000-110.. Greene.......... 7/10/95 08/06/01; 66 FR (c)(149)(i)(B)( 40891. 18). Erie Coke Corporation_Erie... OP-25-029....... Erie............ 6/27/95 08/06/01; 66 FR (c)(149)(i)(B)( 40891. 19). Fleetwood Folding Trailers, (OP)56-000-151.. Somerset........ 2/28/96 08/06/01; 66 FR (c)(149)(i)(B)( Inc._Somerset. 40891. 20). Gichner Systems Group, Inc... (OP)67-2033..... York............ 8/5/97 08/06/01; 66 FR (c)(149)(i)(B)( 40891. 21). Offset Paperback (OP)40-0008..... Luzerne......... 4/16/99 08/06/01; 66 FR (c)(149)(i)(B)( Manufacturers, Inc._Dallas. 40891. 22). Overhead Door (OP)44-2011..... Mifflin......... 6/4/97 08/06/01; 66 FR (c)(149)(i)(B)( Corporation_Mifflin County. 40891. 23). SANYO Audio Manufacturing (OP)44-2003..... Mifflin......... 6/30/95 08/06/01; 66 FR (c)(149)(i)(B)( (USA) Corp. 40891. 24). Stroehmann Bakeries_Luzerne (OP)40-0014A.... Luzerne......... 5/30/95 08/06/01; 66 FR (c)(149)(i)(B)( County. 40891. 25). Merck and Co., Inc._West OP-46-0005...... Montgomery...... 1/13/97 04/18/01; 66 FR (c)(154)(i)(D). Point Facility. 6/23/00 19858. Amerada Hess Corp............ PA-PLID (51- Philadelphia.... 5/29/95 10/31/01; 66 FR (c)(156)(i)(B)( )5009. 54936. 1). Amoco Oil Company............ PA-PLID (51- Philadelphia.... 5/29/95 10/31/01; 66 FR (c)(156)(i)(B)( )5011. 54936. 2). Cartex Corporation........... OP-09-0076...... Bucks........... 4/9/99 10/31/01; 66 FR (c)(156)(i)(B)( 54936. 3). Exxon Company, USA........... PA-PLID (51- Philadelphia.... 5/29/95 10/31/01; 66 FR (c)(156)(i)(B)( )5008. 54936. 4). GATX Terminals Corporation... PA-PLID (51- Philadelphia.... 5/29/95 10/31/01; 66 FR (c)(156)(i)(B)( )5003. 54936. 5). Hatfield Quality Meats, OP-46-0013A..... Montgomery...... 1/9/97 10/31/01; 66 FR (c)(156)(i)(B)( Inc._Hatfield. 10/1/98 54936. 6). J. L. Clark, Inc............. OP-36-02009..... Lancaster....... 4/16/99 10/31/01; 66 FR (c)(156)(i)(B)( 54936. 7). Johnson Matthey, Inc._Wayne.. OP-15-0027...... Chester......... 8/3/98 10/31/01; 66 FR (c)(156)(i)(B)( 4/15/99 54936. 8). Kurz Hastings, Inc........... PA-PLID (51- Philadelphia.... 5/29/95 10/31/01; 66 FR (c)(156)(i)(B)( )1585. 54936. 9). Lawrence McFadden, Inc....... PA-PLID (51- Philadelphia.... 6/11/97 10/31/01; 66 FR (c)(156)(i)(B)( )2074. 54936. 10). Philadelphia Baking Company.. PA-PLID (51- Philadelphia.... 4/10/95 10/31/01; 66 FR (c)(156)(i)(B)( )3048. 54936. 11). Philadelphia Gas PA-PLID (51- Philadelphia.... 5/29/95 10/31/01; 66 FR (c)(156)(i)(B)( Works_Passyunk. )4921. 54936. 12). PPG Industries, Inc. (BASF).. OP-23-0005...... Delaware........ 6/4/97 10/31/01; 66 FR (c)(156)(i)(B)( 54936. 13). SmithKline Beecham OP-46-0035...... Montgomery...... 3/27/97 10/31/01; 66 FR (c)(156)(i)(B)( Pharmaceuticals. 10/20/98 54936. 14). Teva Pharmaceuticals USA OP-09-0010...... Bucks........... 4/9/99 10/31/01; 66 FR (c)(156)(i)(B)( (formerly Lemmon company). 54936. 15). The Philadelphian Condominium PA-PLID (51- Philadelphia.... 5/29/95 10/31/01; 66 FR (c)(156)(i)(B)( Building. )6512. 54936. 16). Warner Company............... OP-15-0001...... Chester......... 7/17/95 10/31/01; 66 FR (c)(156)(i)(B)( 54936. 17). Webcraft Technologies, Inc... OP-09-0009...... Bucks........... 4/18/96 10/31/01; 66 FR (c)(156)(i)(B)( 10/15/98 54936. 18). Latrobe Steel Company_Latrobe OP- 65-000-016.. Westmoreland.... 12/22/95 10/16/01; 66 FR (c)(158)(i)(B). 52517. Allegheny Ludlum CO-260.......... Allegheny....... 12/19/96 10/18/01; 66 FR (c)(159)(i)(B). Corporation_Brackenridge. 52851. Kosmos Cement Co._Neville EO-208.......... Allegheny....... 12/19/96 10/18/01; 66 FR (c)(160)(i)(B)( Island Facility. 52857. 1). Armstrong Cement and Supply OP-10-028....... Butler.......... 3/31/99 10/18/01; 66 FR (c)(160)(i)(B)( Company._Cabot. 52857. 2). Duquesne Light CO-217.......... Allegheny....... 3/8/96 10/18/01; 66 FR (c)(161)(i)(B)( Company_Cheswick Power 52867. 1). Station. Duquesne Light Company_Elrama (PA)63-000-014.. Washington...... 12/29/94 10/18/01; 66 FR (c)(161)(i)(B)( Plant. 52867. 2). Pennsylvania Electric Co. (PA-)03-000-027. Armstrong....... 12/29/94 10/18/01; 66 FR (c)(161)(i)(B)( (PENELEC)_Keystone 52867. 3). Generating Station. IDL, Incorporated............ CO-225.......... Allegheny....... 7/18/96 10/18/01; 66 FR (c)(162)(i)(B)( 52862. 1). Oakmont Pharmaceutical, Inc.. CO-252.......... Allegheny....... 12/19/96 10/18/01; 66 FR (c)(162)(i)(B)( 52862. 2). U.S. Air, Inc................ CO-255.......... Allegheny....... 1/14/97 10/18/01; 66 FR (c)(162)(i)(B)( 52862. 3). Lukens Steel (OP)63-000-080.. Washington...... 2/22/99 10/16/01; 66 FR (c)(163)(i)(B)( Corporation_Houston Plant. 52522. 1). Allegheny Ludlum Steel (OP)65-000-183.. Westmoreland.... 3/23/99 10/16/01; 66 FR (c)(163)(i)(B)( Corporation_West Leechburg 52522. 2). Plant. (Allegheny Ludlum (OP)63-000-027.. Washington...... 3/26/99 10/16/01; 66 FR (c)(163)(i)(B)( Corporation) Jessop Steel 52522. 3). Company_Washington Plant. Koppel Steel (OP)04-000-059.. Beaver.......... 3/23/01 10/16/01; 66 FR (c)(163)(i)(D). Corporation_Koppel Plant. 52522. Consolidated Natural Gas OP-04-000-490... Beaver.......... 6/23/95 10/12/01; 66 FR (c)(164)(i)(B)( (CNG) Transmission 52055. 1). Corp._Beaver Station. Consolidated Natural Gas OP-65-000-837_.. Westmoreland.... 10/13/95 10/12/01; 66 FR (c)(164)(i)(B)( (CNG) Transmission 52055. 2). Corp._Oakford Compressor Station. Consolidated Natural Gas (OP)65-000-840.. Westmoreland.... 10/13/95 10/12/01; 66 FR (c)(164)(i)(B)( (CNG) Transmission 52055. 3). Corp._South Oakford Station. Consolidated Natural Gas (OP)65-000-634.. Westmoreland.... 10/13/95 10/12/01; 66 FR (c)(164)(i)(B)( (CNG) Transmission 52055. 4). Corp._Tonkin Compressor Station. Consolidated Natural Gas (OP)65-000-852.. Westmoreland.... 10/13/95 10/12/01; 66 FR (c)(164)(i)(B)( (CNG) Transmission 52055. 5). Corp._Jeannette Station. Carnegie Natural Gas EO-213.......... Allegheny....... 5/14/96 10/12/01; 66 FR (c)(164)(i)(B)( Co._Creighton Station. 52055. 6). Texas Eastern Transmission (OP)26-000-413.. Fayette......... 12/20/96 10/12/01; 66 FR (c)(164)(i)(B)( Corp._Uniontown Station. 52055. 7). Consolidated Natural Gas OP-03-000-180... Armstrong....... 12/2/98 10/12/01; 66 FR (c)(164)(i)(B)( (CNG) Transmission 52055. 8). Corp._South Bend Station. Pruett Schaffer Chemical CO-266.......... Allegheny....... 9/2/98 10/12/01; 66 FR (c)(165)(i)(B)( Company. 52050. 1). PPG Industries, CO-254.......... Allegheny....... 12/19/96 10/12/01; 66 FR (c)(165)(i)(B)( Inc._Spingdale. 52050. 2). Reichhold Chemicals, CO-218.......... Allegheny....... 12/19/96 10/12/01; 66 FR (c)(165)(i)(B)( Inc._Bridgeville. 52050. 3) [NOX RACT]. Reichhold Chemicals, CO-219.......... Allegheny....... 2/21/96 10/12/01; 66 FR (c)(165)(i)(B)( Inc._Bridgeville. 52050. 4) [VOC RACT]. Valspar CO-209.......... Allegheny....... 3/8/96 10/12/01; 66 FR (c)(165)(i)(B)( Corporation_Pittsburgh. 52050. 5). Ashland Chemical Corporation. CO-227.......... Allegheny....... 12/30/96 10/16/01; 66 FR (c)(166)(i)(B)( 52506. 1). Hercules, Inc._West Elizabeth EO-216.......... Allegheny....... 3/8/96 10/16/01; 66 FR (c)(166)(i)(B)( 52506. 2). Hercules, Inc._West Elizabeth CO-257.......... Allegheny....... 1/14/97 10/16/01; 66 FR (c)(166)(i)(B)( 11/1/99 52506. 3). Neville Chemical Company..... CO-230.......... Allegheny....... 12/13/96 10/16/01; 66 FR (c)(166)(i)(B)( 52506. 4). Anchor Glass Container (PA)26-000-119.. Fayette......... 12/20/96 10/16/01; 66 FR (c)(167)(i)(B)( Corp._Plant 5. 52527. 1). Anchor Hocking Specialty (OP)04-000-084.. Beaver.......... 10/13/95 10/16/01; 66 FR (c)(167)(i)(B)( Glass Co._Phoenix Glass 52527. 2). Plant. Corning Consumer Products (PA)63-000-110.. Washington...... 1/4/96 10/16/01; 66 FR (c)(167)(i)(B)( Co._Charleroi Plant. 52527. 3). General Electric Company..... CO-251.......... Allegheny....... 12/19/96 10/16/01; 66 FR (c)(167)(i)(B)( 52527. 4). Glenshaw Glass Company, Inc.. CO-270.......... Allegheny....... 3/10/00 10/16/01; 66 FR (c)(167)(i)(B)( 52527. 5). Guardian Industries Corp..... CO-242.......... Allegheny....... 8/27/96 10/16/01; 66 FR (c)(167)(i)(B)( 52527. 6). Allegheny County Sanitary CO-222.......... Allegheny....... 5/14/96 10/16/01; 66 FR (c)(167)(i)(B)( Authority. 52527. 7). Browning-Ferris Industries... CO-231A......... Allegheny....... 4/28/97 10/16/01; 66 FR (c)(167)(i)(B)( 52527. 8). Chambers Development CO-253.......... Allegheny....... 12/30/96 10/16/01; 66 FR (c)(167)(i)(B)( Company_Monroeville Borough 52527. 9). Landfill. Kelly Run Sanitation, Forward CO-236.......... Allegheny....... 1/23/97 10/16/01; 66 FR (c)(167)(i)(B)( Township Landfill. 52527. 10). Stroehmann PA-46-0003...... Montgomery...... 5/4/95 10/31/01; 66 FR (c)(169)(i)(B)( Bakeries_Montgomery County 54942. 1). (Norristown). Schlosser Steel, Inc......... OP-46-0051...... Montgomery...... 2/1/96 10/31/01; 66 FR (c)(169)(i)(B)( 54942. 2). Perkasie Industries OP-09-0011...... Bucks........... 8/14/96 10/31/01; 66 FR (c)(169)(i)(B)( Corp._Perkasie. 54942. 3). Quaker Chemical OP-46-0071...... Montgomery...... 9/26/96 10/31/01; 66 FR (c)(169)(i)(B)( Corporation_Conshohocken. 54942. 4). Worthington Steel Company.... OP-15-0016...... Chester......... 7/23/96 10/31/01; 66 FR (c)(169)(i)(B)( 54942. 5). Transcontinental Gas Pipeline PA-15-0017...... Chester......... 6/5/95 10/31/01; 66 FR (c)(169)(i)(B)( Corp._Sta. 200, Frazer. 54942. 6). Rohm and Haas Company, Bucks OP-09-0015...... Bucks........... 4/20/99 10/31/01; 66 FR (c)(169)(i)(B)( County Plant. 54942. 7). SEPTA-Berridge/Courtland PA-51-4172...... Philadelphia.... 7/27/99 10/31/01; 66 FR (c)(169)(i)(B)( Maintenance Shop. 54942. 8). Southwest Water Pollution PA-51-9515...... Philadelphia.... 7/27/99 10/31/01; 66 FR (c)(169)(i)(B)( Control Plant/Biosolids 54942. 9). Recycling Center. Rohm and Haas PA-51-1531...... Philadelphia.... 7/27/99 10/31/01; 66 FR (c)(169)(i)(B)( Company_Philadelphia Plant. 54942. 10). Sunoco Inc. PA(51-)1501 Philadelphia.... 8/1/00 10/31/01; 66 FR (c)(169)(i)(B)( (R&M)_Philadelphia. PA(51-)1517. 54942. 11). SBF Communications (owned by PA(51-)2197..... Philadelphia.... 7/21/00 10/31/01; 66 FR (c)(169)(i)(B)( Avant Garde Ent.). 54942. 12). Smith-Edwards-Dunlap Company. PA-(51-)2255.... Philadelphia.... 7/14/00 10/31/01; 66 FR (c)(169)(i)(B)( 54942. 13). Tasty Baking Co.............. PLID (51-)2054.. Philadelphia.... 4/9/95 10/31/01; 66 FR (c)(169)(i)(B)( 54942. 14). Armstrong World Industries, (OP)04-000-108.. Beaver.......... 5/29/96 10/17/01; 66 FR (c)(170)(i)(B)( Inc._Beaver Falls Plant. 52695. 1). Bacharach, Inc............... CO-263.......... Allegheny....... 10/10/97 10/17/01; 66 FR (c)(170)(i)(B)( 52695. 2). Bakerstown Container CO-221.......... Allegheny....... 5/14/96 10/17/01; 66 FR (c)(170)(i)(B)( Corporation. 52695. 3). Chestnut Ridge Foam, (OP)65-000-181.. Westmoreland.... 12/29/95 10/17/01; 66 FR (c)(170)(i)(B)( Inc._Latrobe. 52695. 4). Flexsys America LP, (OP)63-000-015.. Washington...... 3/23/01 10/17/01; 66 FR (c)(170)(i)(B)( Monongahela Plant. 52695. 5). Haskell of Pittsburgh, Inc... CO-224.......... Allegheny....... 12/19/96 10/17/01; 66 FR (c)(170)(i)(B)( 52695. 6). Three Rivers Aluminum Company OP-10-267....... Butler.......... 3/1/01 10/17/01; 66 FR (c)(170)(i)(B)( (TRACO). 52695. 7). Tuscarora Plastics, Inc...... (OP)04-000-497.. Beaver.......... 4/3/96 10/17/01; 66 FR (c)(170)(i)(B)( 52695. 8). Witco Corporation............ CO-210.......... Allegheny....... 5/14/96 10/17/01; 66 FR (c)(170)(i)(B)( 52695. 9). GenCorp (Plastic Films (OP)65-000-207.. Westmoreland.... 1/4/96 10/15/01; 66 FR (c)(171)(i)(B). Division)_Jeannette Plant. 52322. CENTRIA_Ambridge Coil Coating (OP)04-000-043.. Beaver.......... 5/17/99 10/15/01; 66 FR (c)(171)(i)(D). Operations Plant. 52322. J & L Structural, OP-04-000-467... Beaver.......... 6/23/95 10/16/01; 66 FR (c)(172)(i)(B)( Inc._Aliquippa. 52511. 1). Universal Stainless & CO-241.......... Allegheny....... 12/19/96 10/16/01; 66 FR (c)(172)(i)(B)( Alloy Products, Inc. 52511. 2). Shenango, Inc................ CO-233.......... Allegheny....... 12/30/96 10/16/01; 66 FR (c)(172)(i)(B)( 52511. 3). LTV Steel Company............ CO-259.......... Allegheny....... 12/30/96 10/16/01; 66 FR (c)(172)(i)(B)( 52511. 4). U.S. Steel (USX CO-234.......... Allegheny....... 12/30/96 10/16/01; 66 FR (c)(172)(i)(B)( Corporation.)_Clairton Works. 52511. 5). USX Corporation_Edgar Thomson CO-235.......... Allegheny....... 12/30/96 10/16/01; 66 FR (c)(172)(i)(B)( Works. 52511. 6). USX, Inc._Irvin Works........ CO-258.......... Allegheny....... 12/30/96 10/16/01; 66 FR (c)(172)(i)(B)( 52511. 7). Wheeling-Pittsburgh Steel (OP)63-000-066.. Washington...... 2/8/99 10/16/01; 66 FR (c)(172)(i)(B)( Corporation_Allenport Plant. 52511. 8). Koppers_Monessen Coke Plant.. (OP)65-000-853.. Westmoreland.... 3/20/98 10/16/01; 66 FR (c)(172)(i)(B)( 52511. 9). J & L Specialty Steel, (OP)04-000-013.. Beaver.......... 3/23/01 10/16/01; 66 FR (c)(172)(i)(B)( Inc._Midland Facility. 52511. 10). Washington Steel (OP)63-000-023.. Washington...... 9/12/96 10/16/01; 66 FR (c)(172)(i)(B)( Corp._Washington Plant. 52511. 11). Equitrans, Inc._Hartson...... (OP)63-000-642.. Washington...... 7/10/95 10/17/01; 66 FR (c)(173)(i)(B)( 52705. 1). Witco Corp._Petrolia Facility PA-10-037....... Butler.......... 6/27/95 10/17/01; 66 FR (c)(173)(i)(B)( 52705. 2). Ranbar Electrical Materials (OP)65-000-042.. Westmoreland.... 2/22/99 10/17/01; 66 FR (c)(173)(i)(B)( Inc. (formerly Westinghouse 52705. 3). Electric Co. EMD_Manor. Nova Chemicals, Inc. (OP)04-000-033.. Beaver.......... 4/16/99 10/17/01; 66 FR (c)(173)(i)(B)( (formerly Arco Chemical 1/24/01 52705. 4). Co._Beaver Valley). BASF Corporation_Monaca Site. (OP)04-000-306.. Beaver.......... 3/23/01 10/17/01; 66 FR (c)(173)(i)(B)( 52705. 5). Cardone Industries_Rising Sun PA(51-) PLID Philadelphia.... 5/29/95 10/30/01; 66 FR (c)(174)(i)(B)( Ave. 3887. 54710. 1). Cardone Industries_Chew St... PA(51-) PLID Philadelphia.... 5/29/95 10/30/01; 66 FR (c)(174)(i)(B)( 2237. 54710. 2). U.S. Navy, Naval Surface PA(51-)9724..... Philadelphia.... 12/27/97 10/30/01; 66 FR (c)(174)(i)(B)( Warfare Center_Carderock 54710. 3). Division. Wheelabrator Falls, Inc...... OP-09-0013...... Bucks........... 1/11/96 10/30/01; 66 FR (c)(174)(i)(B)( 5/17/96 54710. 4). US Steel Group/USX OP-09-0006...... Bucks........... 4/8/99 10/30/01; 66 FR (c)(174)(i)(B)( Corporation_Fairless Works. 54710. 5). Brown Printing Company....... OP-46-0018A..... Montgomery...... 5/17/00 10/30/01; 66 FR (c)(174)(i)(B)( 54710. 6). Sun Chemical_General Printing PA(51-)2052..... Philadelphia.... 7/14/00 10/30/01; 66 FR (c)(174)(i)(B)( Ink Division. 54710. 7). Sunoco Chemicals, Frankford PA(51-)1551..... Philadelphia.... 7/27/99 10/30/01; 66 FR (c)(174)(i)(B)( Plant. 54710. 8). Armco, Inc. Butler Operations PA-10-001M...... Butler.......... 2/23/96 10/15/01; 66 FR (c)(175)(i)(B). Main Plant. 52338. Armco, Inc. Butler Operations PA-10-001S...... Butler.......... 2/23/96 10/15/01; 66 FR (c)(175)(i)(C). Stainless Plant. 52338. Pennsylvania Power Co._Bruce (PA)04-000-235.. Beaver.......... 12/29/94 10/15/01; 66 FR (c)(176)(i)(B)( Mansfield Plant. 52333. 1). West Penn Power Co._Mitchell (PA)63-000-016.. Washington...... 6/12/95 10/15/01; 66 FR (c)(176)(i)(B)( Station. 52333. 2). Carnegie Natural Gas (OP)03-000-182.. Armstrong....... 12/2/98 10/15/01; 66 FR (c)(176)(i)(B)( Company_Fisher Station. 52333. 3). Apollo Gas Company_Shoemaker (OP)03-000-183.. Armstrong....... 9/12/96 10/15/01; 66 FR (c)(176)(i)(B)( Station. 52333. 4). Texas Eastern Transmission (OP)65-000-839.. Westmoreland.... 1/9/97 10/15/01; 66 FR (c)(176)(i)(B)( Corp._Delmont Station. 52333. 5). The Peoples Natural Gas (OP)03-000-125.. Armstrong....... 10/31/94 10/15/01; 66 FR (c)(176)(i)(B)( Co._Valley Station. 52333. 6). The Peoples Natural Gas (PA)03-000-076.. Armstrong....... 10/27/95 10/15/01; 66 FR (c)(176)(i)(B)( Co._Girty Compressor Station. 52333. 7). AES Beaver Valley (OP)04-000-446.. Beaver.......... 3/23/01 10/15/01; 66 FR (c)(176)(i)(B)( Partners_Monaca Plant. 52333. 8). Penreco_Karns City........... OP10-0027....... Butler.......... 5/31/95 10/12/01; 66 FR (c)(177)(i)(B)( 52044. 1). Ashland Petroleum Company.... CO-256.......... Allegheny....... 12/19/96 10/12/01; 66 FR (c)(177)(i)(B)( 52044. 2). Bellefield Boiler EO-248.......... Allegheny....... 12/19/96 10/12/01; 66 FR (c)(177)(i)(B)( Plant_Pittsburgh. 52044. 3). Gulf Oil, L.P................ CO-250.......... Allegheny....... 12/19/96 10/12/01; 66 FR (c)(177)(i)(B)( 52044. 4). PA Dept. of Corrections...... EO-244.......... Allegheny....... 1/23/97 10/12/01; 66 FR (c)(177)(i)(B)( 52044. 5). Pittsburgh Thermal Limited CO-220.......... Allegheny....... 3/4/96 10/12/01; 66 FR (c)(177)(i)(B)( Partnership. 52044. 6). BP Exploration & Oil, (OP)65-000-378.. Westmoreland.... 3/23/01 10/12/01; 66 FR (c)(177)(i)(B)( Inc._Greensburg Terminal. 52044. 7). Pittsburgh Allegheny County CO-265.......... Allegheny....... 11/9/98 10/12/01; 66 FR (c)(177)(i)(B)( Thermal, Ltd. 52044. 8). Aristech Chemical Corporation CO-232.......... Allegheny....... 12/30/96 10/17/01; 66 FR (c)(178)(i)(B)( 52700. 1). Heinz U.S.A._Pittsburgh...... EO-211.......... Allegheny....... 3/8/96 10/17/01; 66 FR (c)(178)(i)(B)( 52700. 2). Heinz U.S.A._Pittsburgh...... CO-247.......... Allegheny....... 10/24/96 10/17/01; 66 FR (c)(178)(i)(B)( 52700. 2). Koppers Industries, Inc. CO-223.......... Allegheny....... 8/27/96 10/17/01; 66 FR (c)(178)(i)(B)( (Aristech Chem. Corp). 52700. 3). Nabisco Biscuit Co........... CO-246.......... Allegheny....... 12/19/96 10/17/01; 66 FR (c)(178)(i)(B)( 52700. 4). Pressure Chemical Co......... CO-261.......... Allegheny....... 6/11/97 10/17/01; 66 FR (c)(178)(i)(B)( 52700. 5). General Carbide Corp......... (OP)65-000-622.. Westmoreland.... 12/29/95 10/17/01; 66 FR (c)(178)(i)(B)( 52700. 6). Fansteel Hydro Carbide....... (OP)65-000-860.. Westmoreland.... 12/12/97 10/17/01; 66 FR (c)(178)(i)(B)( 52700. 7). Carbide Corporation.......... (OP)65-000-720.. Westmoreland.... 7/31/98 10/17/01; 66 FR (c)(178)(i)(B)( 52700. 8). Dyno Nobel Inc_Donora........ (OP)63-000-070.. Washington...... 3/31/99 10/17/01; 66 FR (c)(178)(i)(B)( 52700. 9). Newcomer Products, Inc....... (OP)65-000-851.. Westmoreland.... 8/7/97 10/17/01; 66 FR (c)(178)(i)(B)( 52700. 10). PECO Energy Company_Cromby OP-15-0019...... Chester......... 4/28/95 10/30/01; 66 FR (c)(179)(i)(B)( Generating Station. 54699. 1). Waste Resource Energy, Inc. OP-23-0004...... Delaware........ 11/16/95 10/30/01; 66 FR (c)(179)(i)(B)( (Operator); Shawmut Bank, 54699. 2). Conn. National Assoc. (Owner); Delaware County Resource Recovery Facility. G-Seven, Ltd................. OP-46-0078...... Montgomery...... 4/20/99 10/30/01; 66 FR (c)(179)(i)(B)( 54699. 3). Leonard Kunkin Associates.... OP-09-0073...... Bucks........... 6/25/01 10/30/01; 66 FR (c)(179)(i)(B)( 54699. 4). Kimberly-Clark Corporation... OP-23-0014A..... Delaware........ 6/24/98 10/30/01; 66 FR (c)(179)(i)(B)( 8/1/01 54699. 5). Sunoco, Inc. (R&M); CP-23-0001...... Delaware........ 6/8/95 10/30/01; 66 FR (c)(179)(i)(B)( Marcus Hook Plant. 8/2/01 54699. 6). Waste Management Disposal OP-09-0007...... Bucks........... 12/19/97 10/30/01; 66 FR (c)(179)(i)(B)( Services of Pennsylvania, 7/17/01 54699. 7). Inc. (GROWS Landfill). Koppel Steel OP-04-000-227... Beaver.......... 10/12/00 10/15/01; 66 FR (c)(180)(i)(B). Corporation_Ambridge Plant. 52317. General Motors Corporation... CO-243.......... Allegheny....... 8/27/96 10/15/01; 66 FR (c)(181)(i)(B)( 52327. 1). Oakmont Steel, Inc........... CO-226.......... Allegheny....... 5/14/96 10/15/01; 66 FR (c)(181)(i)(B)( 52327. 2). The Peoples Natural Gas Co... CO-240.......... Allegheny....... 8/27/96 10/15/01; 66 FR (c)(181)(i)(B)( 52327. 3). U.S. Bureau of Mines......... EO-215.......... Allegheny....... 3/8/96 10/15/01; 66 FR (c)(181)(i)(B)( 52327. 4). Waste Management Disposal OP-46-0033...... Montgomery...... 4/20/99 10/30/01; 66 FR (c)(182)(i)(B)( Services of Pennsylvania 54704. 1). (Pottstown Landfill). FPL Energy MH50, LP (Sunoco, PA-23-0084...... Delaware........ 7/26/99 10/30/01; 66 FR (c)(182)(i)(B)( Inc. (R&M)). 54704. 2). Exelon Generation PA-51-4903...... Philadelphia.... 7/11/01 10/30/01; 66 FR (c)(182)(i)(B)( Company_(PECO)_Richmond 54704. 3). Generating Station. Jefferson Smurfit Corp./ PLID (PA-51- Philadelphia.... 4/10/95 10/31/01; 66 FR (c)(184)(i)(B)( Container Corp. of America. )1566. 54947. 1). Maritank Philadelphia, Inc... PLID (PA-51- Philadelphia.... 12/28/95 10/31/01; 66 FR (c)(184)(i)(B)( )5013. 54947. 2). Moyer Packing Company........ OP-46-0001...... Montgomery...... 3/15/96 10/31/01; 66 FR (c)(184)(i)(B)( 54947. 3). Tullytown Resource Recovery OP-09-0024...... Bucks........... 7/14/97 10/31/01; 66 FR (c)(184)(i)(B)( Facility (Waste Management 54947. 4). of Pa., Inc.). SPS Technologies, Inc........ OP-46-0032...... Montgomery...... 10/30/97 10/31/01; 66 FR (c)(184)(i)(B)( 54947. 5). PECO Energy Company.......... OP-09-0077...... Bucks........... 12/19/97 10/31/01; 66 FR (c)(184)(i)(B)( 54947. 6). Philadelphia Gas PA-51-4922...... Philadelphia.... 7/27/99 10/31/01; 66 FR (c)(184)(i)(B)( Works_Richmond Plant. 54947. 7). Exelon Generation PA-51-4901...... Philadelphia.... 7/11/01 10/31/01; 66 FR (c)(184)(i)(B)( Company_Delaware Generating 54947. 8). Station. Exelon Generation PA-51-4904...... Philadelphia.... 7/11/01 10/31/01; 66 FR (c)(184)(i)(B)( Company_Schuylkill 54947. 9). Generating Station. International Business OP-46-0049...... Montgomery...... 10/29/98 10/30/01; 66 FR (c)(185)(i)(B)( Systems, Inc. 54691. 1). Bethlehem Lukens Plate....... OP-46-0011...... Montgomery...... 12/11/98 10/30/01; 66 FR (c)(185)(i)(B)( 54691. 2). Montenay Montgomery Limited OP-46-0010A..... Montgomery...... 4/20/99 10/30/01; 66 FR (c)(185)(i)(B)( Partnership. 6/20/00 54691. 3). Northeast Foods, Inc. (Bake OP-09-0014...... Bucks........... 4/9/99 10/30/01; 66 FR (c)(185)(i)(B)( Rite Rolls). 54691. 4). Aldan Rubber Company......... PA-(51-)1561.... Philadelphia.... 7/21/00 10/30/01; 66 FR (c)(185)(i)(B)( 54691. 5). Braceland Brothers, Inc...... PA-(51-)3679.... Philadelphia.... 7/14/00 10/30/01; 66 FR (c)(185)(i)(B)( 54691. 6). Graphic Arts, Incorporated... PA-(51-)2260.... Philadelphia.... 7/14/00 10/30/01; 66 FR (c)(185)(i)(B)( 54691. 7). O'Brien (Philadelphia) PA-(51-)1533.... Philadelphia.... 7/21/00 10/30/01; 66 FR (c)(185)(i)(B)( Cogeneration, Inc._Northeast 54691. 8). Water Pollution Control Plant. O'Brien (Philadelphia) PA-(51-)1534.... Philadelphia.... 7/21/00 10/30/01; 66 FR (c)(185)(i)(B)( Cogeneration, Inc._Southwest 54691. 9). Water Pollution Control Plant. Pearl Pressman Liberty....... PA-(51-)7721.... Philadelphia.... 7/24/00 10/30/01; 66 FR (c)(185)(i)(B)( 54691. 10). Arbill Industries, Inc....... PA-51-3811...... Philadelphia.... 7/27/99 10/30/01; 66 FR (c)(185)(i)(B)( 54691. 11). McWhorter Technologies, Inc.. PA-51-3542...... Philadelphia.... 7/27/99 10/30/01; 66 FR (c)(185)(i)(B)( 54691. 12). Northeast Water Pollution PA-51-9513...... Philadelphia.... 7/27/99 10/30/01; 66 FR (c)(185)(i)(B)( Control Plant. 54691. 13). Newman and Company........... PLID (51-)3489.. Philadelphia.... 6/11/97 10/30/01; 66 FR (c)(185)(i)(B)( 54691. 14). Allegheny Ludlum Steel (OP-)65-000-137. Westmoreland.... 5/17/99 10/19/01; 66 FR (c)(186)(i)(B)( Corporation. 53090. 1). INDSPEC Chemical Corporation. PA10-021........ Butler.......... 10/19/98 10/19/01; 66 FR (c)(186)(i)(B)( 53090. 2). Stoney Creek Technologies, PA-23-0002...... Delaware........ 2/24/99 11/5/01; 66 FR (c)(187)(i)(B)( L.L.C. 55880. 1). Superpac, Inc................ OP-09-0003...... Bucks........... 3/25/99 11/5/01; 66 FR (c)(187)(i)(B)( 55880. 2). Transit America, Inc......... PLID (51-)1563.. Philadelphia.... 6/11/97 11/5/01; 66 FR (c)(187)(i)(B)( 55880. 3). American Bank Note Company... OP-46-0075...... Montgomery...... 5/19/97 11/5/01; 66 FR (c)(187)(i)(B)( 8/10/98 55880. 4). Atlas Roofing OP-09-0039...... Bucks........... 3/10/99 11/5/01; 66 FR (c)(187)(i)(B)( Corporation_Quakertown. 55880. 5). Beckett Corporation.......... OP-15-0040...... Chester......... 7/8/97 11/5/01; 66 FR (c)(187)(i)(B)( 55880. 6). Klearfold, Inc............... OP-09-0012...... Bucks........... 4/15/99 11/5/01; 66 FR (c)(187)(i)(B)( 55880. 7). National Label Company....... OP-46-0040...... Montgomery...... 7/28/97 11/5/01; 66 FR (c)(187)(i)(B)( 55880. 8). Bethlehem Steel Corporation.. OP-22-02012..... Dauphin......... 4/9/99 5/23/02; 67 FR (c)(191). 36108. Hershey Chocolate USA........ OP-22-2004A..... Dauphin......... 1/24/00 6/26/02; 67 FR (c)(194)(i)(B)( 43002. 1). Pennsylvania Power Company OP-37-0023...... Lawrence........ 4/8/99 6/26/02; 67 FR (c)(194)(i)(B)( New Castle Plant. 43002. 2). Lafarge Corporation.......... OP-39-0011B..... Lehigh.......... 5/19/97 4/1/03; 68 FR (c)(196)(i)(B)( 15661. 1). The Peoples Natural Gas (OP-)11-000-356. Cambria......... 11/23/94 4/1/03; 68 FR (c)(196)(i)(B)( Company. 15661. 2). Horsehead Resource OP-13-0001...... Carbon.......... 5/16/95 4/1/03; 68 FR (c)(196)(i)(B)( Development Company, Inc. 15661. 3). Williams Generation OP-40-0031A..... Luzerne......... 3/10/00 4/1/03; 68 FR (c)(196)(i)(B)( Company_Hazelton. 15661. 4). Pennsylvania Power and Light PA-36-2016...... Lancaster....... 5/25/95 4/1/03; 68 FR (c)(196)(i)(B)( Company, Holtwood Steam 15661. 5). Electric Station. General Electric OP-25-025A...... Erie............ 8/26/02 4/7/03; 68 FR (c)(198)(i)(B). Transportation Systems. 16724. Bethlehem Structural Products OP-48-0013...... Northampton..... 10/24/96 5/2/03; 68 FR (c)(200)(i)(B)( Corporation. 23404. 1). International Paper Company, PA-25-028....... Erie............ 12/21/94 5/2/03; 68 FR (c)(200)(i)(B)( Erie Mill. 23404. 2). National Fuel Gas PA-33-144A...... Jefferson....... 10/5/98 5/2/03; 68 FR (c)(200)(i)(B)( Supply_Heath Compressor 23404. 3). Station. PPG Industries, Inc.......... OP-20-145....... Crawford........ 5/31/95 3/24/03; 68 (c)(201)(i)(B). FR14154. Dominion Trans., Title V-18-00005 Clinton......... 2/16/00 5/7/03; 68 FR (c)(202)(i)(B)( Inc._Finnefrock Station. 24365. 1). Textron Lycoming_Oliver Title V-41-00005 Lycoming........ 1/12/01 5/7/03; 68 FR (c)(202)(i)(B)( Street Plant. 24365. 2). Lafayette College, Easton OP-48-0034...... Northampton..... 8/18/97 5/20/03; 68 FR (c)(205)(i)(B). Campus. 27471. Keystone Carbon Company...... OP-24-016....... Elk............. 5/15/95 10/17/03; 68 FR (c)(207)(i)(B)( 59741. 1). Mack Trucks, Inc............. OP-39-0004...... Northampton..... 5/31/95 10/17/03; 68 FR (c)(207)(i)(B)( 59741. 1). Owens-Brockway Glass OP-33-033....... Jefferson....... 3/27/95 10/17/03; 68 FR (c)(207)(i)(B)( Container, Inc. 59741. 1). Resilite Sport Products, Inc. OP-49-0003...... Northumberland.. 12/3/96 10/17/03; 68 FR (c)(207)(i)(B)( 59741. 1). Westfield Tanning Company.... OP-59-0008...... Tioga........... 11/27/96 10/17/03; 68 FR (c)(207)(i)(B)( 59741. 1). Tarkett, Incorporated........ OP-39-0002...... Lehigh.......... 5/31/95 8/6/03 68 FR (c)(208)(i)(B)( 46487. 1). Hacros Pigments, Inc......... OP-48-0018...... Northampton..... 7/31/96 8/6/03; 68 FR (c)(208)(i)(B)( 46487. 2). GPU Generation Corp., Homer (OP-)32-000-055. Indiana......... 10/29/98 10/15/03; 68 FR (c)(212)(i)(B)( City Station. 59321. 1). GPU Generation Corp., Seward (OP-)32-000-040. Indiana......... 4/30/98 10/15/03; 68 FR (c)(212)(i)(B)( Station. 59321. 2). Ebensburg Power Company, (OP-)11-000-318. Cambria......... 3/28/01 10/15/03; 68 FR (c)(212)(i)(B)( Ebensburg Cogeneration Plant. 59321. 3). Sithe Pennsylvania Holdings, OP-62-012B...... Warren.......... 1/20/00 10/15/03; 68 FR (c)(212)(i)(B)( LLC, Warren Station. 59321. 4). Pennsylvania Power & OP-55-0001A..... Snyder.......... 7/7/97 10/15/03; 68 FR (c)(212)(i)(B)( Light Company, Sunbury SES. 59321. 5). Lakeview Landfill............ OP-25-920....... Erie............ 5/29/97 10/15/03; 68 FR (c)(212)(i)(B)( 59321. 6). National Fuel Gas Supply OP 62-141F...... Warren.......... 4/1/0369 10/27/04; FR (c)(213)(i)(B)( Corp._Roystone Compressor 62583. 1). Station. Crompton Corporation, OP-10-037....... Butler.......... 6/4/03 5/25/04; 69 FR (c)(213)(i)(B)( Fairview Township. 29444. 2). Andritz, Inc................. 41-00010C....... Lycoming........ 4/30/03 10/15/03; 68 FR (c)(214)(i)(B)( 59318. 1). Brodart Company.............. 18-0007A........ Clinton......... 4/8/03 10/15/03; 68 FR (c)(214)(i)(B)( 59318. 2). Erie Sewer Authority......... OP-25-179....... Erie............ 6/5/03 10/15/03; 68 FR (c)(214)(i)(B)( 59318. 3). Hercules Cement Company...... OP-48-0005A..... Northampton..... 4/16/99 11/24/03; 68 FR (c)(217)(i)(B). 65846. Tennessee Gas Pipeline OP 58-00001A.... Susquehanna..... 4/16/98 10/27/04; 69 FR (c)(218)(i)(B)( Company, Station 321. 62585. 1); The SIP effective date is 12/27/04. Tennessee Gas Pipeline OP 43-0272...... Mercer.......... 4/7/99 10/27/04; 69 FR (c)(218)(i)(B)( Company, Station 219. 62585. 2); The SIP effective date is 12/27/04. Information Display 32-000-085...... Indiana......... 1/11/96 3/29/05, 70 FR 52.2020(d)(1)(h Technology, Inc. 15774. ). Bedford Materials Co., Inc... 05-02005........ Bedford......... 4/15/99 3/29/05, 70 FR 52.2020(d)(1)(h 15774. ). Bollman Hat Company.......... 36-2031......... Lancaster....... 7/3/95 3/29/05, 70 FR 52.2020(d)(1)(h 15774. ). Armco Inc.................... OP 43-040....... Mercer.......... 9/30/99 3/29/05, 70 FR 52.2020(d)(1)(h 15774. ). Specialty Tires of America, 32-000-065...... Indiana......... 1/6/00 3/29/05, 70 FR 52.2020(d)(1)(h Inc. 15774. ). Truck Accessories Group East. OP-49-0005...... Northumberland.. 3/26/99 3/29/05, 70 FR 52.2020(d)(1)(h 15774. ). Jeraco Enterprises, Inc...... OP-49-0014...... Northumberland.. 4/6/97 3/29/05, 70 FR 52.2020(d)(1)(h 15774. ). Insulation Corporation of 39-0012......... Lehigh.......... 10/17/95 3/29/05, 70 FR 52.2020(d)(1)(h America. 15774. ). Pope & Talbot, Inc....... 40-0019......... Luzerne......... 5/31/96 3/29/05, 70 FR 52.2020(d)(1)(h 15774. ). Universal Rundle Corporation. OP 37-059....... Lawrence........ 5/31/95 3/29/05, 70 FR 52.2020(d)(1)(h 15774. ). Clark Filter................. 36-02040........ Lancaster....... 2/4/00 3/29/05, 70 FR 52.2020(d)(1)(h 15774. ). The Pennsylvania State OP-14-0006...... Centre.......... 12/30/98 3/30/05, 70 FR 52.2020(d)(1)(c University_University Park. 16118. ) Tennessee Gas Pipeline OP-59-0001...... Tioga........... 5/31/95 3/30/05, 70 FR 52.2020(d)(1)(c Company_Charleston Township. 16118. ) Tennessee Gas Pipeline OP-08-0002...... Bradford........ 5/31/95 3/30/05, 70 FR 52.2020(d)(1)(c Company_Wyalusing Township. 16118. ) Masland Industries........... 21-2001......... Cumberland...... 5/31/95 3/30/05, 70 FR 52.2020(d)(1)(c 16118. ) ESSROC Cement Corp........... OP-37-003....... Lawrence........ 7/27/95, 3/ 3/30/05, 70 FR 52.2020(d)(1)(c 31/99 16118. ) The Magee Carpet Company..... OP-19-0001...... Columbia........ 1/22/97 3/30/05, 70 FR 52.2020(d)(1)(c 16118. ) Tennessee Gas Pipeline OP-27-015....... Forest.......... 7/27/00 3/30/05, 70 FR 52.2020(d)(1)(c Company_Howe Township. 16118. ) Tennessee Gas Pipeline 40-0002, 40- Luzerne......... 5/31/95 3/30/05, 70 FR 52.2020(d)(1)(c Corporation_Buck Township. 0002A. 16118. ) Transcontinental Gas Pipe 67-2012......... York............ 5/5/95 3/30/05, 70 FR 52.2020(d)(1)(c Line Corporation_Peach 16118. ) Bottom Township. Standard Steel Division of 44-2001......... Mifflin......... 5/31/95 3/30/05, 70 FR 52.2020(d)(1)(c Freedom Forge Corp. 16118. ) Pope and Talbot, Inc......... 35-0004......... Lackawanna...... 5/31/96 3/30/05, 70 FR 52.2020 16124. (d)(1)(d) Pennsylvania Power and Light 22-2011......... Dauphin......... 6/7/95 3/30/05, 70 FR 52.2020 Company. 16124. (d)(1)(d) Ellwood Group Inc............ OP 37-313....... Lawrence........ 1/31/01 3/30/05, 70 FR 52.2020 16124. (d)(1)(d) National Fuel Gas Supply 53-0009A, 53- Potter.......... 8/5/96 3/30/05, 70 FR 52.2020 Corporation. 0009. 16124. (d)(1)(d) Department of Army........... 28-02002........ Franklin........ 2/3/00 3/31/05, 70 FR 52.2020(d)(1)(g 16416. ) Harley-Davidson Motor Company 67-2032......... York............ 4/9/97 3/31/05, 70 FR 52.2020(d)(1)(g 16416. ) GE Transportation Systems.... OP 43-196....... Mercer.......... 5/16/01 3/31/05, 70 FR 52.2020(d)(1)(g 16416. ) Stone Container Corporation.. 67-2002......... York............ 9/3/96 3/31/05, 70 FR 52.2020(d)(1)(g 16416. ) Stanley Storage Systems, Inc. 39-0031......... Lehigh.......... 6/12/98 3/31/05, 70 FR 52.2020(d)(1)(g 16416. ) York Group, Inc.............. 67-2014......... York............ 7/3/95 3/31/05, 70 FR 52.2020(d)(1)(g 16416. ) Strick Corporation........... OP-19-0002...... Columbia........ 6/6/97 3/31/05, 70 FR 52.2020(d)(1)(g 16416. ) Grumman Olson, Division of OP-41-0002...... Lycoming........ 9/25/97 3/31/05, 70 FR 52.2020(d)(1)(g Grumman Allied Industries. 16416. ) Prior Coated Metals, Inc..... 39-0005......... Lehigh.......... 5/26/95 3/31/05, 70 FR 52.2020(d)(1)(g 16416. ) Schindler Elevator 01-2007......... Adams........... 5/24/95 3/31/05, 70 FR 52.2020(d)(1)(g Corporation. 16416. ) Hodge Foundry................ OP-43-036....... Mercer.......... 3/31/99 3/31/05, 70 FR 52.2020(d)(1)(a 16420. ) Resolite, A United Dominion OP-10-266....... Butler.......... 10/15/99 3/31/05, 70 FR 52.2020(d)(1)(a Co. 2/18/00 16420. ) Consolidation Coal Co._Coal 30-000-063...... Greene.......... 5/17/99 3/31/05, 70 FR 52.2020(d)(1)(a Preparation Plant. 16420. ) Urick Foundry................ OP-25-053....... Erie............ 10/24/96 3/31/05, 70 FR 52.2020(d)(1)(a 16420. ) Keystone Sanitary Landfill, 35-0014......... Lackawanna...... 4/19/99 3/31/05, 70 FR 52.2020(d)(1)(a Inc. 16420. ) Grinnell Corporation......... 36-2019......... Lancaster....... 6/30/95 3/31/05, 70 FR 52.2020(d)(1)(a 16420. ) Buck Company Inc............. 36-2035......... Lancaster....... 8/1/95 3/31/05, 70 FR 52.2020(d)(1)(a 16420. ) Owens-Brockway Glass OP 16-010....... Clarion......... 3/27/95 3/31/05, 70 FR 52.2020(d)(1)(f Container, Inc. 5/31/95 16423. ) Alcoa Extrusion, Inc......... 54-0022......... Schuylkill...... 3/19/99 3/31/05, 70 FR 52.2020(d)(1)(f 16423. ) Pennsylvania Electric Company 32-000-059...... Indiana......... 12/29/94 3/31/05, 70 FR 52.2020(d)(1)(f 16423. ) National Gypsum Company...... OP-60-0003...... Union........... 1/17/96 3/31/05, 70 FR 52.2020(d)(1)(f 16423. ) Stoney Creek Technologies, OP-16-010....... Delaware........ 7/24/03 3/31/05, 70 FR 52.2020(d)(1)(f LLC. 16423. ) Northeastern Power Company... 54-0008......... Schuylkill...... 5/26/95 3/31/05, 70 FR 52.2020(d)(1)(f 16423. ) Texas Eastern Transmission 22-2100......... Dauphin......... 1/31/97 3/31/05, 70 FR 52.2020(d)(1)(f Corporation. 16423. ) The Miller Group............. 54-0024......... Schuylkill...... 2/1/99 3/31/05, 70 FR 52.2020(d)(1)(f 16423. ) CNG Transmission Corporation. 32-000-129...... Indiana......... 6/22/95 3/31/05, 70 FR 52.2020(d)(1)(f 16423. ) I.H.F.P., Inc................ OP-49-0010A..... Northumberland.. 1/7/98 3/31/05, 70 FR 52.2020(d)(1)(f 16423. ) National Forge Company....... OP 62-032....... Warren.......... 5/31/95 3/31/05, 70 FR 52.2020(d)(1)(f 16423. ) United Refining Company...... OP 62-017....... Warren.......... 5/31/95 3/31/05, 70 FR 52.2020(d)(1)(f 11/14/95 16423. ) Petrowax Refining............ OP 42-110....... McKean.......... 3/4/96 3/31/05, 70 FR 52.2020(d)(1)(f 5/31/96 16423. ) Westvaco Corporation......... 07-2008......... Blair........... 9/29/95 3/31/05, 70 FR 52.2020(d)(1)(f 16423. ) Naval Surface Warfare Center, PA-04108........ Philadelphia.... 10/18/04 4/29/05, 70 FR 52.2020(d)(1)(j Caderock Division Ship 22257. ) Systems Engineering Station. R.H. Sheppard Co., Inc....... 67-2016......... York............ 8/4/95 8/24/05, 70 FR 52.2020(d)(1)(i 49496. ) Wheatland Tube Company....... OP 43-182....... Mercer.......... 7/26/95 8/24/05, 70 FR 52.2020(d)(1)(i 49496. ) Transcontinental Gas Pipeline OP-53-0006...... Potter.......... 10/13/95 8/24/05, 49496. 52.2020(d)(1)(i Corporation. ) Transcontinental Gas Pipeline OP-19-0004...... Columbia........ 5/30/95 8/24/05, 49496. 52.2020(d)(1)(i Corporation. ) Transcontinental Gas Pipeline PA-41-0005A..... Lycoming........ 8/9/95 8/24/05, 49496. 52.2020(d)(1)(i Corporation. ) Molded Fiber Glass, Union OP-25-035....... Erie............ 7/30/99 11/1/05, 70 FR 52.2020(d)(1)(k City. 65842,. ). SKF, USA, Incorporated....... 67-02010A....... York............ 7/19/00 11/1/05, 70 FR 52.2020(d)(1)(k 65842. ). Erie Forge and Steel, Inc.... OP-25-924....... Erie............ 2/10/00 11/1/05, 70 FR 52.2020(d)(1)(k 65842. ). OSRAM SYLVANIA Products, Inc. OP-59-0007...... Tioga........... 1/22/98 11/1/05, 70 FR 52.2020(d)(1)(k 65842. ). Owens-Brockway Glass OP-33-002....... Jefferson....... 11/23/98 11/1/05, 70 FR 52.2020(d)(1)(k Container. 65842. ). Texas Eastern Transmission 32-000-230...... Indiana......... 9/25/95 11/1/05, 70 FR 52.2020(d)(1)(k Corporation. 65842. ). Johnstown America Corporation 11-000-288...... Cambria......... 1/13/99 11/1/05, 70 FR 52.2020(d)(1)(k 65842. ). SGL Carbon Corporation....... OP 24-131....... Elk............. 5/12/95, 5/ 11/1/05, 70 FR 52.2020(d)(1)(e 31/95 65845. ). Salem Tube, Inc.............. OP 43-142....... Mercer.......... 2/16/99 11/1/05, 70 FR 52.2020(d)(1)(e 65845. ). Dominion Trans, Inc.......... 18-00006........ Clinton......... 6/15/99, 9/ 11/1/05, 70 FR 52.2020(d)(1)(e 29/03 65845. ). Waste Management Disposal OP-46-0033...... Berks; 4/20/99, 1/ 11/2/05, 70 FR 52.2020(d)(1)(a Services of Pennsylvania, Montgomery. 27/04 66261. ). Inc. (Pottstown Landfill). Waste Management Disposal 67-02047........ York............ 4/20/99 11/2/05, 70 FR 52.2020(d)(1)(a Services of PA, Inc. 66261. ). Armstrong World Industries, 36-2001......... Lancaster....... 7/3/99 11/2/05, 70 FR 52.2020(d)(1)(a Inc.. 66261. ). Cogentrix of Pennsylvania Inc OP-33-0137...... Jefferson....... 1/27/98 3/8/06, 71 FR 52.2020(d)(1)(l 11514. ) PA-33-302-014... ................ 11/15/90 ............... Except for all ton per year limits and expiration dates in these permits, for Conditions 4, 5, and 6. OP-33-302-014... ................ 5/31/93 ............... Except for Condition 2. PA-33-399-004... ................ 10/31/98 ............... Except for Conditions 1, 2, 3, 4b, 4c, 4d, 4e, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, and 16. OP-33-399-004... ................ 5/31/93 ............... Except for Condition 2. Scrubgrass Generating OP-61-0181...... Venango......... 4/30/98 3/8/06, 71 FR 52.2020(d)(1)(l Company, LP. 11514. ) Except for Conditions 4, 6, 7, and 9. Wheelabrator Frackville OP-54-005....... Schuylkill...... 9/18/98 3/8/06, 71 FR 52.2020(d)(1)(l Energy Co. 11514. ) Except for the particulate and SO2 emission limits found in Condition 4, Condition 5, 6, 7, 9, 10, 11, 12 and 13 and the expiration date. Indiana University of OP-32-000-200... Indiana......... 9/24/98 3/8/06, 71 FR 52.2020(d)(1)(l Pennsylvania_S.W. Jack 11514. ) Except for Cogeneration Facility. the expiration date and Conditions 5, 7, 10, 12, 20, 21, and 22. Fleetwood Motor Homes........ OP-49-0011...... Northumberland.. 10/30/98 3/8/06, 71 FR 52.2020(d)(1)(l 11514. ) Except for Conditions 3, 5, 23-31 and the expiration date. Piney Creek, LP.............. OP-16-0127...... Clarion......... 12/18/98 3/8/06, 71 FR 52.2020(d)(1)(l 11514. ) Except for the ton per year and #/hr limits in Condition 4, Conditions 5 and 9. Statoil Energy Power Paxton, OP-22-02015..... Dauphin......... 6/30/99 3/8/06, 71 FR 52.2020(d)(1)(l LP. 11514. ) Except for the expiration date and Conditions 6, 16, 19 and 20. Harrisburg Steamworks........ OP-22-02006..... Dauphin......... 3/23/99 3/8/06, 71 Fr 52.2020(d)(1)(l 11514. ) Except for Conditions 5, 8, 11, 9, 10, 18, 19, 22, 23, 24 and the expiration date. Cove Shoe Company............ OP-07-02028..... Blair........... 4/7/99 3/8/06, 71 FR 52.2020(d)(1)(l 11514. ) except for Conditions 5, 10 and the expiration date. PP&L_Fichbach C.T. OP-54-0011...... Schuylkill...... 6/1/99 3/8/06, 71 FR 52.2020(d)(1)(l Facility. 11514. ) Except for the expiration date. PP&L_Allentown C.T. OP-39-0009...... Lehigh.......... 6/1/99 3/8/06, 71 FR 52.2020(d)(1)(l Facility. 11514. ) Except for the expiration date. PP&L_Harwood C.T. OP-40-0016...... Luzerne......... 6/1/99 3/8/06, 71 FR 52.2020(d)(1)(l Facility. 11514. ) Except for the expiration date. PP&L_Jenkins C.T. OP-40-0017...... Luzerne......... 6/1/99 3/8/06, 71 FR 52.2020(d)(1)(l Facility. 11514. ) Except for the expiration date. ---------------------------------------------------------------------------------------------------------------- (2) EPA-Approved Volatile Organic Compounds (VOC) Emissions Trading Programs ---------------------------------------------------------------------------------------------------------------- Additional State EPA approval explanation/ Name of source Permit Number County effective date § 52.2063 date citation ---------------------------------------------------------------------------------------------------------------- National Can Company Fres-co 85-524; 85-525.. Bucks........... 3/1/85 4/21/88; 53 FR (c)(68); Systems, USA Inc. Paramount 13121. transfer of Packaging Corp. offsets from NCCo to Fres- co and Paramount. ---------------------------------------------------------------------------------------------------------------- (3) EPA-Approved Source Specific Sulfur Dioxide (SO2) Requirements ---------------------------------------------------------------------------------------------------------------- Additional State EPA approval explanation/ Name of source Permit Number County effective date § 52.2063 date citation ---------------------------------------------------------------------------------------------------------------- USX Corporation, Clairton 200............. Allegheny....... 11/17/94 8/18/95; 60 FR (c)(99). Coke Works. 43012. Reliant Energy Mid-Atlantic SO2-62-00012.... Warren.......... 11/21/01 1/17/03; 68 FR (c)(190)(i)(C)( Power Holdings LLC, Warren 2459. 1). Generating Station. United Refining Company...... SO2-62-017E..... Warren.......... 6/11/01 1/17/03; 68 FR (c)(190)(i)(C)( 2459. 2). Trigen-Philadelphia Energy SO2-95-002...... Philadelphia.... 7/27/00 9/9/02; 67 FR (c)(193)(i)(B)( Corporation. 57155. 1). Grays Ferry Cogeneration SO2-95-002A..... Philadelphia.... 7/27/00 9/9/02; 67 FR (c)(193)(i)(B)( Partnership. 57155. 2). PECO Energy Company, SO2-95-006...... Philadelphia.... 7/27/00 9/9/02; 67 FR (c)(193)(i)(B)( Schuylkill Generating 57155. 3). Station. Sunoco, Inc. (R&M) SO2-95-039...... Philadelphia.... 7/27/00 9/9/02; 67 FR (c)(193)(i)(B)( Philadelphia Refinery. 57155. 4). ---------------------------------------------------------------------------------------------------------------- (4) EPA-Approved Source Specific Lead (Pb) Requirements ---------------------------------------------------------------------------------------------------------------- Additional State EPA approval explanation/ Name of source Permit Number County effective date § 52.2063 date citation ---------------------------------------------------------------------------------------------------------------- East Penn Manufacturing Corp. [None].......... Berks........... 5/29/84 7/27/84; 49 FR (c)(62). 30179. General Battery Corporation.. [None].......... Berks........... 5/29/84 7/27/84; 49 FR (c)(62). 30179. Tonolli Corporation (Closed). [None].......... Carbon.......... 5/29/84 7/27/84; 49 FR (c)(62). 30179. Franklin Smelting and [None].......... Philadelphia.... 9/21/94 12/20/96; 61 FR (c)(112). Refining Corporation. 67275. MDC Industries, Inc.......... [None].......... Philadelphia.... 9/21/94 12/20/96; 61 FR (c)(112). 67275. Anzon, Inc................... [None].......... Philadelphia.... 9/21/94 12/20/96; 61 FR (c)(112). 67275. ---------------------------------------------------------------------------------------------------------------- (e) EPA-approved nonregulatory and quasi-regulatory material. (1) EPA-Approved Nonregulatory and Quasi-Regulatory Material ---------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP Applicable submittal EPA approval date Additional revision geographic area date explanation ---------------------------------------------------------------------------------------------------------------- Sulfur Dioxide Attainment Conewego, Pleasant, 8/20/01 1/17/03; 68 FR 2454. 52.2033(b). Demonstration. and Glade Townships; City of Warren (Warren Co.). Sulfor Dioxide Attainment Allegheny County- 8/15/03 7/21/04; 69 FR 43522 52.2033(c). Demonstration. sulfur dioxide area defined in 40 CFR 81.339. Photochemical Assessment Philadelphia- 9/23/04 9/11/05; 60 FR 47081 52.2035. Monitoring Stations (PAMS) Wilmington-Trenton Program. Ozone Nonattainment Area. 1990 Base Year Emission Philadelphia County. 9/8/95; 1/30/96; 61 FR 2982. 52.2036(a). Inventory_Carbon Monoxide. 10/30/95 1990 Base Year Emission Pittsburgh-Beaver 3/22/96; 4/3/01; 66 FR 17634. 52.2036(d). Inventory_VOC. Valley Ozone 2/18/97; Nonattainment Area. 7/22/98 1990 Base Year Emission Reading Area (Berks 1/28/97 5/7/97; 62 FR 24846. 52.2036(e). Inventory_VOC, CO, NOX. County). 1990 Base Year Emission Philadelphia- 9/12/96 6/9/97; 62 FR 31343. 52.2036(i). Inventory_VOC. Wilmington-Trenton Ozone Nonattainment Area. 1990 Base Year Emission Philadelphia- 7/31/98 6/17/99; 64 FR 32422 52.2036(l). Inventory_NOX. Wilmington-Trenton Ozone Nonattainment Area. 1990 Base Year Emission Pittsburgh-Beaver 3/22/96; 10/19/01; 66 FR 52.2036(m). Inventory_NOX. Valley Ozone 2/18/97 53094. Nonattainment Area. 1990 Base Year Emission Inventory- City of Pittsburgh- 11/12/92; 11/12/02; 67 FR 52.2036(n). Carbon Monoxide. CBD & Oakland. 8/17/01 68521. Post 1996 Rate of Progress Plan.. Philadelphia- 7/31/98; 10/26/01; 66 FR 52.2037(i). Wilmington-Trenton 2/25/00 54143. Ozone Nonattainment Area. One-Hour Ozone Attainment Philadelphia- 4/30/98; 10/26/01; 66 FR 52.2037(j). Demonstration. Wilmington-Trenton 8/21/98; 54143. Ozone Nonattainment 2/25/00; Area. 7/19/01 Mobile Budgets for Post-1996 and Philadelphia- 2/25/00 10/26/01; 66 FR 52.2037(k). 2005 attainment plans. Wilmington-Trenton 54143. Ozone Nonattainment Area. 51% Rate of Progress Plan........ Pittsburgh-Beaver 3/22/96; 4/3/01; 66 FR 17634. 52.2038(a). Valley Ozone 2/18/97; Nonattainment Area. 7/22/98; 15% Rate of Progress Plan........ Philadelphia- 9/12/96; 8/24/01; 66 FR 44547 52.2038(b). Wilmington-Trenton 4/10/97; Ozone Nonattainment 6/5/98 Area. Control of Asphalt Paving Defined 16-county 5/20/77; 10/6/77; 42 FR 54417 52.1120(c)(15) \1\; Material (Emission offset). area in Western PA 7/15/77 52.2054. and Southwestern PA. Particulate matter SIP........... Allegheny County- 1/6/94 9/8/98; 63 FR 47434. 52.2059. Clairton PM10. Small Business Assistance Program Statewide........... 2/1/93 1/6/95; 60 FR 1738.. 52.2060. Source Testing Manual............ Allegheny County.... 9/10/79 10/21/81; 46 FR 52.2063(c)(4). 51607. Ozone Nonattainment Plan......... Statewide........... 4/24/79 5/20/80; 46 FR 33607 52.2063(c)(22). Non-regulatory measures.......... Southwest Pa. AQCR.. 9/17/79 5/20/80; 46 FR 33607 52.2063(c)(30). Air Quality Monitoring Network... Statewide (except 1/25/80 8/5/81; 46 FR 39822. 52.2063(c)(34). Allegheny County). Attainment plan for sulfur Armstrong County.... 4/9/81 8/18/81; 46 FR 43423 52.2063(c)(36). dioxide. Air Quality Monitoring Network... Allegheny County.... 12/24/80 9/15/81; 46 FR 45762 52.2063(c0(38). Expanded Ridesharing Program..... Metro. Philadelphia 12/9/81 10/7/82; 47 FR 44259 52.2063(c)(46). AQCR. Lead (Pb) SIP.................... Allegheny County.... 9/6/83 2/6/84; 49 FR 4379.. 52.2063(c)(59). Lead (Pb) SIP.................... Philadelphia........ 8/29/83; 8/1/84; 49 FR 30696. 52.2063(c)(61). 5/15/84 Lead (Pb) SIP.................... Statewide (except 9/30/82; 7/27/84; 49 FR 30179 52.2063(c)(62). Philadelphia and 6/8/84 Allegheny Counties). Ozone and Carbon Monoxide Plan... Metro. Philadelphia 6/30/82; 2/26/85; 45 FR 7772. 52.2063(c)(63). AQCR. 10/24/83 Ozone and Carbon Monoxide Plan... Southwestern Pa. 6/30/82; 2/26/85; 45 FR 7772. 52.2063(c)(63). AQCR. 10/24/83 Ozone and Carbon Monoxide Plan... Allentown-Bethlehem- 6/30/82; 2/26/85; 45 FR 7772. 52.2063(c)(63). Easton Air Basin. 10/24/83 Carbon Monoxide Maintenance Plan. Philadelphia County. 9/8/95, 10/ 1/30/96, 61 FR 2982. 52.2063(c)(105) 30/95 4/4/05, 70 FR 16958. Revised Carbon 9/3/04 Monoxide Maintenance Plan Base Year Emissions Inventory using MOBILE6. Source Testing Manual............ Statewide........... 11/26/94 7/30/96; 61 FR 39497 52.2063(c)(110) (i)(D); cross- referenced in Section 139.5. Continuous Source Testing Manual. Statewide........... 11/26/94 7/30/96; 61 FR 39497 52.2063(c)(110) (i)(D); cross- referenced in Section 139.5. Ozone Maintenance Plan........... Reading Area (Berks 1/28/97 5/7/97; 62 FR 24846. 52.2063(c)(123). County). Ozone Maintenance Plan........... Pittsburgh-Beaver 5/21/01 10/19/01; 66 FR 52.2063(c)(188). Valley Ozone 53094. Nonattainment Area. 4/11/03 8/5/03; 68 FR 46099. 52.2063(c)(210). 4/22/04 12/10/04; 69 FR 52.2063(c)(226); The 71212. SIP effective date is 1/10/05. Carbon Monoxide Maintenance Plan. City of Pittsburgh- 8/17/01 11/12/02; 67 FR 52.2063(c)(189). CBD & Oakland. 68521. PM10 Maintenance Plan............ Allegheny County- 9/14/02 9/11/03; 68 FR 53515 52.2063(c)(215). Clairton PM10 nonattainment area. Sulfur Dioxide Maintenance Plan.. Allegheny County- 8/15/03 7/21/04; 69 FR 43522 52.2063(c)(216) sulfur dioxide area (i)(B). defined in 40 CFR 81.339. Sulfur Dioxide Maintenance Plan.. Conewego, Pleasant, 5/7/04 7/1/04; 69 FR 39860. 52.2063(c)(224). and Glade Townships; City of Warren (Warren Co.). ---------------------------------------------------------------------------------------------------------------- \1\ Because of an editing error, this section was placed in the wrong subpart of 40 CFR part 52 (subpart W instead of subpart NN), and subsequently removed. However, EPA considers this provision to be a current Federally-enforceable portion of the SIP. The ``removed'' paragraph reads as follows: ``Pennsylvania Department of Transportation change to section 7.5.9.8 of the Paving Maintenance Manual creditable as emission offsets submitted by the Secretary of the Pennsylvania Department of Environmental Resources on July 15, 1997, as addenda to the Pennsylvania Air Quality Implementation Plan.'' (2) EPA-Approved Source-Specific Reasonably Available Control Technology (RACT) Requirements for Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) Not Incorporated by Reference ---------------------------------------------------------------------------------------------------------------- Additional State explanation/ Name of source Permit No. County submittal EPA approval date § 52.2063 date citation ---------------------------------------------------------------------------------------------------------------- USX Corp./U.S. Steel 09-0006 Bucks............ 8/11/95 04/09/96; 61 FR 52.2036(b); Group_Fairless Hills. 11/15/95 15709. 52.2037(c); source shutdown date is 8/1/91. General Glass_Jeannette....... 65-0675 Westmoreland..... 7/5/95 05/16/96; 61 FR 52.2036(c); 24727. 52.2037(d). Sharon Steel Company.......... 43-0017 Mercer........... 12/8/95 12/20/96; 61 FR 52.2036(f); 67275. 52.2037(e). R.R. Donnelley and Sons 36-2027 Lancaster........ 9/20/95 07/21/97; 62 FR 52.2036(j). Co._Lancaster East Plant. 33891. Rockwell Heavy Vehicle, 37-065 Lawrence......... 4/8/98 04/16/99; 64 FR 52.2036(k); Inc._New Castle Forge Plant. 18818. source shutdown date is 4/1/93. Pennsylvania Electric 07-2006 Blair............ 8/1/95 12/20/96; 61 FR 52.2037(f); Co._(PENELEC)_Williamsburg 67275. 52.2063(c)(113) Station. (i)(A) & (ii)(A). Caparo Steel Company.......... 43-0285 Mercer........... 12/8/95 12/20/96; 61 FR 52.2037(g). 67275. Mercerburg Tanning Co......... 28-2008 Franklin......... 4/26/95 03/12/97; 62 FR 52.2037(h); 11079. 52.2063(c)(114) (i)(A)(3) & (ii)(A). Duquesne Light Co._Brunot 214 Allegheny........ 3/5/01 10/18/01; 66 FR 52.2063(c)(161)( Island Station. 52867. ii)(A). Duquesne Light Co._Phillips 212 Allegheny........ 4/15/99 10/18/01; 66 FR 52.2063(c)(161)( Station. 52867. ii)(B). ---------------------------------------------------------------------------------------------------------------- [70 FR 9452, Feb. 25, 2005, as amended at 70 FR 15777, Mar. 29, 2005; 70 FR 16121, Mar. 30, 2005; 70 FR 16126, Mar. 30, 2005; 70 FR 16419, 16422, 16425, Mar. 31, 2005; 70 FR 16964, Apr. 4, 2005; 70 FR 22259, Apr. 29, 2005; 70 FR 30377, May 26, 2005; 70 FR 36514, June 24, 2005; 70 FR 49498, Aug. 24, 2005; 70 FR 58315, Oct. 6, 2005, 70 FR 65844, 65846, Nov. 1, 2005; 70 FR 66263, Nov. 2, 2005; 71 FR 11517, Mar. 8, 2006] § 52.2021 Classification of regions. top The Pennsylvania plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon Ozone matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Metropolitan Philadelphia Interstate................. I I III I I Northeast Pennsylvania-Upper Delaware Valley I II III III III Interstate.......................................... South Central Pennsylvania Intrastate................ I II III III III Central Pennsylvania Intrastate...................... I III III III III Southwest Pennsylvania Intrastate.................... I I III I I Northwest Pennsylvania-Youngstown Interstate......... I II III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10889, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 FR 33627, May 20, 1980] § 52.2022 Extensions. top (a) The Administrator hereby extends for 18 months the statutory timetable for submission of Pennsylvania's plan for attainment and maintenance of the secondary standards for sulfur oxides and particulate matter in the Southwest Pennsylvania Intrastate Region and in Pennsylvania's portion of the Metropolitan Philadelphia Interstate Region. (b) The Administrator hereby extends for 2 years the attainment date for the national standards for carbon monoxide in the Southwest Pennsylvania Intrastate Region, for 1 year the attainment date for the national standard for photochemical oxidants in the Southwest Pennsylvania Intrastate Region, and for 1 year the attainment date for the national standards for carbon monoxide in the Pennsylvania portion of the Metropolitan Philadelphia Interstate Region. (c) The Administrator hereby extends for 18 months, until July 1, 1980, the statutory timetable for submission of Pennsylvania's plan for attainment and maintenance of the secondary national ambient air quality standard for particulate matter in Pennsylvania's portion of the Metropolitan Philadelphia Interstate Air Quality Control Region. (d) The Administrator hereby extends the attainment date for the national ambient air quality standard for ozone to December 31, 1987 for the following counties: Allegheny, Armstrong, Beaver, Butler, Washington, Westmoreland, Bucks, Chester, Delaware, Montgomery, Philadelphia, Lehigh, and Northampton. (e) The Administrator hereby extends the dates for attainment of the national ambient air quality standard for carbon monoxide to December 31, 1987 in Philadelphia County and to December 31, 1985 in Allegheny County. [37 FR 10889, May 31, 1972, as amended at 38 FR 32893, Nov. 28, 1973; 45 FR 33627, May 20, 1980; 46 FR 43141, Aug 27, 1981; 50 FR 7777, Feb. 26, 1985] § 52.2023 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves Pennsylvania's plan for attainment and maintenance of the national standards. (b) With the exceptions set forth in this subpart, the Administrator approves Pennsylvania's plan for the attainment and maintenance of the national ambient air quality standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977, except as noted below. (c) [Reserved] (d) Limited approval/limited disapproval of revisions to the Pennsylvania Regulations, Chapter 129.82 pertaining to Stage II Vapor Recovery and the associated definition of gasoline dispensing facilities in Chapter 121.1 submitted on March 4, 1992, by the Pennsylvania Department of Environmental Resources. The Pennsylvania Stage II regulation is deficient in that it does not include the testing and certification procedures contained in EPA's October 1991 Stage II guidance documents (EPA–450/3–91–022a and EPA–450/3–91–022b). (e) Disapproval of the April 19, 1995 NOX RACT proposal for Pennsylvania Power Company—New Castle plant located in Lawrence County, Pennsylvania. (f)–(i) [Reserved] (j) The conditionally approved Pennsylvania enhanced I/M SIP revision (59 FR 44936) submitted on November 3, 1993 by the Pennsylvania Department of Environmental Resources was converted to a disapproval by an April 13, 1995 letter from EPA to Pennsylvania. (k) Conditional limited approval of revisions to the Pennsylvania Regulations, Chapter 129.91 through 129.95, pertaining to VOC and NOX RACT submitted on February 4, 1994 and amended on May 3, 1994 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection). [38 FR 32893, Nov. 28, 1973, as amended at 45 FR 33627, May 20, 1980; 51 FR 18440, May 20, 1986; 53 FR 31330, Aug. 18, 1988; 59 FR 6220, Feb. 10, 1994; 59 FR 30304, June 13, 1994; 60 FR 47085, Sept. 11, 1995; 61 FR 16062, Apr. 11, 1996; 63 FR 13794, Mar. 23, 1998; 63 FR 23673, Apr. 30, 1998; 67 FR 68941, Nov. 14, 2002] § 52.2024 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations, which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [39 FR 34537, Sept. 26, 1974, as amended at 40 FR 55333, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] § 52.2025 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met, since section 5–1104 of the Philadelphia Home Rule Charter could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, section 5–1104 is disapproved. [40 FR 55333, Nov. 28, 1975, as amended at 51 FR 40676, Nov. 7, 1986] § 52.2026 [Reserved] top § 52.2027 Approval status of Pennsylvania's Generic NOX and VOC RACT Rules. top (a) Effective November 15, 2001, EPA removes the limited nature of its approval of 25 PA Code of Regulations, Chapter 129.91 through 129.95 (see §52.2020 (c)(129)) as those regulations apply to the Pittsburgh-Beaver Valley area. Chapter 129.91 through 129.95 of Pennsylvania's regulations are fully approved as they apply in Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland Counties, the seven counties that comprise the Pittsburgh-Beaver Valley area. (b) Effective November 29, 2001, EPA removes the limited nature of its approval of 25 PA Code of Regulations, Chapter 129.91 through 129.95 [see §52.2020 (c)(129)] as those regulations apply to the Philadelphia-Wilmington-Trenton area. Chapter 129.91 through 129.95 of Pennsylvania's regulations are fully approved as they apply in Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties, the five counties that comprise the Pennsylvania portion of the Philadelphia area. [66 FR 52534, Oct. 16, 2001, as amended at 66 FR 54699, Oct. 30, 2001] §§ 52.2028-52.2029 [Reserved] top § 52.2030 Source surveillance. top (a)–(b) [Reserved] (c) The requirements of §51.212 of this chapter are not met because the plan does not provide procedures for obtaining and maintaining data on actual emission reductions achieved as a result of implementing transportation control measures. [37 FR 10889, May 31, 1972, as amended at 37 FR 15088, July 27, 1972; 38 FR 12701, May 14, 1973; 38 FR 16567, June 22, 1973; 51 FR 40677, Nov. 7, 1986; 61 FR 16062, Apr. 11, 1996] § 52.2031 [Reserved] top § 52.2032 Intergovernmental cooperation. top (a) The requirements of subpart M of this chapter are not met because the plan does not identify other State or local agencies or their responsibilities for implementing and carrying out designated portions of the plan. (b) The requirements of subpart M of this chapter are not met because the plan does not indicate that Pennsylvania will transmit to the neighboring States of Maryland, New York, and West Virginia data about factors which may significantly affect air quality in those States. [38 FR 16568, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986] § 52.2033 Control strategy: Sulfur oxides. top (a) The revision to the control strategy resulting from the modification to the emission limitation applicable to the sources listed below or the change in the compliance date for such sources with the present emission limitation is hereby approved. All regulations cited are air pollution control regulations of the State, unless otherwise noted. (See §52.2036 for compliance schedule approvals and disapprovals pertaining to one or more of the sources listed below.) ---------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date of submittal ---------------------------------------------------------------------------------------------------------------- Clairton Coke and Coal Works (U.S. Allegheny County....... Section 1809 (Article 12/14/72 Steel). XVIII). Industrial Boilers (U.S. Steel)...... ......do............... ......do............... Do. ---------------------------------------------------------------------------------------------------------------- (b) EPA approves the attainment demonstration State Implementation Plan for the Conewango Township, Pleasant Township, Glade Township, and City of Warren area submitted by the Pennsylvania Department of Environmental Protection on December 26, 2001. (c) EPA approves the attainment demonstration State Implementation Plan for the Hazelwood and Monongahela River Valley areas of the Allegheny County Air Basin in Allegheny County, submitted by the Pennsylvania Department of Environmental Protection on August 15, 2003. [38 FR 7459, Mar. 22, 1973, as amended at 68 FR 2459, Jan. 17, 2003; 69 FR 43524, July 21, 2004] § 52.2034 Attainment dates for national standards. top With regard to Northumberland County, Snyder County, and Allegheny County, Pennsylvania has not submitted a plan, as of December 31, 1979, providing for the attainment and maintenance of the secondary sulfur dioxide (SO2) standards. [61 FR 16062, Apr. 11, 1996] § 52.2035 Photochemical Assessment Monitoring Stations (PAMS) Program. top On September 23, 1994 Pennsylvania's Department of Environmental Resources (now known as the Department of Environmental Protection) submitted a plan for the establishment and implementation of a Photochemical Assessment Monitoring Stations (PAMS) Program as a state implementation plan (SIP) revision, as required by section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and made it part of Pennsylvania SIP. As with all components of the SIP, Pennsylvania must implement the program as submitted and approved by EPA. [60 FR 47084, Sept. 11, 1995] § 52.2036 1990 base year emission inventory. top (a) EPA approves as a revision to the Pennsylvania State Implementation Plan the 1990 base year carbon monoxide emission inventory for Philadelphia County, submitted by the Secretary, Pennsylvania Department of Environmental Protection, on September 8, 1995 and October 30, 1995. This submittal consists of the 1990 base year stationary, area, non-road mobile and on-road mobile emission inventories in Philadelphia County for the pollutant carbon monoxide (CO). (b) The U.S. Steel—Fairless Hills 1990 VOC and NOX emissions for six emission units (no. 3 blast furnace, no.1 open hearth furnace, no. 1 soaking pits and no. 2 soaking pits (units 1–8 and units 9–16), and 80 in. hot strip mill), submitted August 11, 1995, are approved. U.S. Steel—Fairless Hills is located in Montgomery County, Pennsylvania, which is part of the Philadelphia severe ozone nonattainment area. The VOC and NOX 1990 emissions from the no. 3 blast furnace are zero for both pollutants. The VOC and NOX 1990 emissions from the no. 1 open hearth furnace are 6.9 TPY and 455.5 TPY, respectively. The VOC and NOX emissions from the no. 1 soaking pits are 6.6 TPY and 91.8 TPY, respectively. The VOC and NOX emissions from the no. 2 soaking pits (units 1–8) are 1.10 TPY and 21.0 TPY, respectively. The VOC and NOX emissions from the no. 2 soaking pits (units 9–16) are 1.10 TPY and 21.0 TPY, respectively. The VOC and NOX emissions from the 80 in. hot strip mill are 1.9 TPY and 688.6 TPY, respectively. (c) The 1990 NOX emissions for the no. 2 glass melting furnace at the General Glass—Jeannette plant, located in Westmoreland County, Pennsylvania is 508.2 tons per year. Westmoreland County is part of the Pittsburgh moderate ozone nonattainment area. The 1990 NOX emissions for the four kilns (no. 1 through 4) is 11.8 tons per year. This facility does not contain any other NOX emitting units. (d) EPA grants full approval to the 1990 VOC emission inventory for the Pittsburgh ozone nonattainment area, which was provided by Pennsylvania as an element of a March 22, 1996 submittal of the 15 Percent Rate-of-Progress Plan for the Pittsburgh-Beaver Valley ozone nonattainment area. Supplemental 1990 VOC inventory information and estimates were submitted by the Secretary of the Department of Environmental Protection on February 19, 1997 and on July 22, 1998, as formal amendments to the Pittsburgh 15 Percent Plan for Pittsburgh. EPA grants full approval to the final 1990 VOC emissions inventory estimates contained in Pennsylvania's July 22, 1998 SIP revision (which serves to supplement the 1990 VOC inventory information contained in Pennsylvania's March 22, 1996 and February 19, 1997 Pittsburgh-Beaver Valley 15% plan SIP revisions). The approved plan contains 1990 base year point, area, highway, and non-road mobile VOC emissions estimates for the 7-county Pittsburgh-Beaver Valley ozone nonattainment area (Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland Counties). (e) EPA approves as a revision to the Pennsylvania State Implementation Plan (SIP) the 1990 base year emission inventories for the Reading, Pennsylvania area (Berks County) submitted by the Secretary of the Environment, on January 28, 1997. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories in the area for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX). (f) Sharon Steel Company 1990 VOC and NOX emissions for three emission units (Blast Furnace Operations, Basic Oxygen Furnace Shop, Blast Furnace Casthouse), submitted June 10, 1996, are approved. Sharon Steel Company is located in Mercer County, Pennsylvania, which is in a marginal ozone nonattainment area. The 1990 VOC and NOX emissions from the Blast Furnace Operations (flame suppression, heaters and torpedo cars, flare stack, tuyeres) are 0.4 TPY and 49.3 TPY, respectively. The 1990 VOC and NOX emissions from the Basic Oxygen Furnace Shop (scrap preheating, ladle preheating and heaters) are 1.4 TPY and 39.6 TPY, respectively. The 1990 VOC and NOX emissions from the Blast Furnace Casthouse are 205.4 TPY and 11.0 TPY, respectively. (g)–(h) [Reserved] (i) The 1990 VOC emission inventory for the Philadelphia ozone nonattainment area, submitted on September 12, 1996 by Pennsylvania Department of Environmental Protection, is approved, with the exception of the revisions to the emission inventory for those sources at United States Steel—Fairless that were approved in §52.2036 (b) on April 9, 1996. (j) EPA is approving Pennsylvania's request that the 1990 emissions inventory for VOCs from R.R. Donnelley & Sons—East Plant be corrected to accurately reflect the 1990 emissions. The 1990 baseyear VOC emissions inventory will be corrected to 864 tons. Justification for the change in VOC emissions is described as follows: (1) For rotogravure operations, R.R. Donnelley & Sons Company (East Plant) initially assumed a 5% retention of solvent in the web, and then revised their assumption to 2% based on the amount of solvent actually being recovered by the six bed carbon adsorption system. Based on VOC emissions data submitted to PADEP for the year 1990, the actual VOC emissions from rotogravure operations was 794.51 tons. The figures were taken from data submitted to PADEP from the facility dated May 6, 1996 (subsequently submitted to EPA from PADEP via letter dated December 13, 1996). (2) For heatset web offset lithographic operations, boilers, and associated solvent cleaning equipment, R.R. Donnelley & Sons Company provided data calculating estimates for actual 1990 VOC emissions of 69.83 tons. The figures were taken from the facility's RACT proposal submitted to PADEP dated March 29, 1995. (k) Rockwell Heavy Vehicle, Inc., New Castle Forge Plant, Lawrence County—On April 8, 1998 the Pennsylvania Department of Environmental Protection requested that EPA include the CO, VOC and NOX emissions from this facility in the 1990 base year emission inventory. The CO, VOC and NOX emissions from the natural gas units and the spray booth of this facility are hereby approved as part of the 1990 point source inventory. The 1990 CO, VOC and NOX emissions from the natural gas units are 8.3 TPY, 1.2 TPY and 64.2 TPY, respectively. The 1990 VOC emissions from the spray booth is 12.1 TPY. (l) EPA approves, as a revision to the Pennsylvania State Implementation Plan, the 1990 NOx emission inventory for the Philadelphia area, submitted on July 31, 1998 by the Pennsylvania Department of Environmental Protection. The submittal consists of 1990 base year point, area, highway, and non-road mobile NOx emissions inventories for the five-county Philadelphia area (Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties). (m) EPA approves the 1990 NOX base year emission inventory for the Pittsburgh-Beaver Valley area, submitted by the Pennsylvania Department of Environmental Protection on March 22, 1996 and supplemented on February 18, 1997. (n) EPA approves as a revision to the Pennsylvania SIP the 1990 base year CO emissions inventory for Southwestern Pennsylvania, including Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland counties, submitted by the Secretary of the Pennsylvania Department of Environmental Protection on November 12, 1992, and as revised on August 17, 2001. This submittal consists of the 1990 base year inventory for point, area, off-road, and highway emissions for these counties, for the pollutant CO. [61 FR 2931, Jan. 30, 1996, as amended at 61 FR 15713, Apr. 9, 1996; 61 FR 24709, May 16, 1996; 61 FR 67232, Dec. 20, 1996; 62 FR 24834, May 7, 1997; 62 FR 31349, June 9, 1997; 62 FR 38917, July 21, 1997; 64 FR 18821, Apr. 16, 1999; 64 FR 32425, June 17, 1999; 66 FR 17638, Apr. 3, 2001; 66 FR 53106, Oct. 19, 2001; 67 FR 68525, Nov. 12, 2002] § 52.2037 Control strategy plans for attainment and rate-of-progress: Ozone. top (a) Part D—Conditional Approval—the Pennsylvania plan for carbon monoxide and ozone is approved provided that the following conditions are satisfied: (1) Firm commitments to implement the Newton Branch electrification are submitted to EPA by December 30, 1980. If firm commitments are not submitted, the State must submit substitute measures with equivalent reductions by June 30, 1981. (b)(1) [Reserved] (2) Determination—EPA has determined that, as of July 19, 1995, the Reading ozone nonattainment area has attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to this area for so long as the area does not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in the Reading ozone nonattainment area, these determinations shall no longer apply. (c) VOC and NOX RACT determination for six emission units at U.S. Steel—Fairless: no. 3 blast furnace, no. 1 open hearth furnace, no. 1 soaking pits, no. 2 soaking pits (units 1–8), no. 2 soaking pits (units 9–16), 80 in. hot strip mill. The NOX RACT determination for all the soaking pits and the 80 in. hot strip mill is low excess air (LEA), which is expected to result in a 13.5% emission reduction. NOX RACT for the other sources is determined to be good operating practices to minimize NOX emissions. VOC RACT for all the above sources is determined to be good operating practices to minimize VOC emissions. (d) NOX RACT determination for the no. 2 glass melting furnace and the four kilns at the General Glass—Jeannette plant, which manufactured flat glass, is the current operation, consisting of no additional controls. (e) Sharon Steel Company—VOC and NOX RACT determination for three emission units at Sharon Steel Company, not covered by plan approval PA 43–017: Blast Furnace Operations (flame suppression, heaters and torpedo cars, tuyeres), Basic Oxygen Furnace Shop (scrap preheating, ladle preheating and heaters), Blast Furnace Casthouse. NOX RACT for the Blast Furnace Operations is determined to be good air pollution control practices such that NOX emissions do not exceed: 100 pounds of NOX per million cubic feet (lb NOX/MMft 3 ) of natural gas and 10.69 tons of NOX per year (TPY) for flame suppression, heaters, and torpedo cars; and 140 lb NOX/MMft 3 of natural gas and 0.6 TPY for tuyeres. VOC RACT for the Blast Furnace Operations is determined to be good air pollution control practices such that VOC emissions do not exceed: 3.8 lb VOC/MMft 3 of natural gas and 0.41 TPY for flame suppression, heaters and torpedo cars; and 2.8 lb VOC/MMft 3 of natural gas and 0.01 TPY for tuyeres. NOX RACT for the Basic Oxygen Furnace Shop is determined to be good air pollution control practices such that NOX emissions do not exceed: 100 lb NOX/MMft 3 of natural gas and 1.1 TPY for scrap preheating; and 140 lb NOX/MMft 3 of natural gas and 10.8 TPY for ladle preheating and heaters. VOC RACT for the Basic Oxygen Furnace Shop is determined to be good air pollution control practices such that VOC emissions do not exceed: 3.8 lb VOC/MMft 3 of natural gas and 0.04 TPY for scrap preheating; and 2.8 lb VOC/MMft 3 of natural gas and 0.22 TPY for ladle preheating and heaters. NOX RACT for the Blast Furnace Casthouse is determined to be good air pollution control practices such that NOX emissions do not exceed 0.03 lb NOX/ton of steel processed and 11.0 TPY. (f) Pennsylvania Electric Company—Williamsburg Station—VOC and NOX RACT determination for three emission units at Pennsylvania Electric Company (Penelec)—Williamsburg Station: unit #1 boiler, auxiliary boiler, fugitive VOC sources. NOX and VOC RACT for the unit #11 boiler is determined to be good air pollution control practices such that emissions limits shall be 21.7 pounds of NOX per ton of coal fired (lb/ton) and 0.1459 lb/MMBtu of No. 2 oil fired with annual fuel usage records, and no more than 867 tons per year (TPY) of NOX and 3 TPY of VOC. NOX and VOC RACT for the auxiliary boiler is determined to be the requirements of 25 Pa Code 129.93 (c)(1), pertaining to units with individual rated gross heat inputs less than 20 million British thermal units per hour (MMBtu/hr) of operation maintenance and operation in accordance with manufacturer's specifications, and the units are operated using good air pollution control practices. (g) Caparo Steel Company—VOC and NOX RACT determination for four emission units at Caparo Steel Company, not covered by operating permit OP 43–285: Package boilers, BW boiler #1, BW boiler #2, and BW boiler #3. NOX RACT for the package boilers is determined to be good air pollution control practices such that NOX emissions do not exceed 550 pounds of NOX per million cubic feet (lb NOX/MMft 3 ) of natural gas and 529.82 tons of NOX per year (TPY). VOC RACT for the package boilers is determined to be good air pollution control practices such that VOC emissions do not exceed 1.4 lb VOC/MMft 3 of natural gas and 1.35 TPY. NOX RACT for each of the BW boilers is determined to be good air pollution control practices such that NOX emissions do not exceed 23 lb NOX/MMft 3 of BFG and 80.1 TPY. (h) VOC RACT determination for four emission units at Mercersburg Tanning Company—Franklin County: Spray Lines 3 thru 7, Attic Line, Spray Lines A and B, Spray Line C. The VOC RACT determination is as follows: for Spray Lines 3 thru 7; all work transferred to Spray Lines A and B, for Attic Line; all work transferred to Spray Line C, for Spray Lines A and B; vented to a Regenerative Thermal Oxidizer (RTO) with required 100% capture efficiency and 97% destruction efficiency, for Spray Line C; coating restrictions of 3.5 lb VOC/gal (less water) on base coats and 2.8 lb VOC/gal (less water) on intermediate coats. VOC RACT for cleaning solvents associated with Lines A and B vented to RTO and water utilized as cleaning solvent for Line C. (i)(1) EPA approves the Commonwealth of Pennsylvania's Post 1996 (ROP) plan SIP revision for milestone years 1999, 2002, and 2005 for the Pennsylvania portion of the Philadelphia-Wilmington-Trenton severe ozone nonattainment area. These revisions were submitted by the Pennsylvania Department of Environmental Protection on April 30, 1998, July 31, 1998 and supplemented on February 25, 2000. (2) EPA approves revisions to the Pennsylvania State Implementation Plan, submitted by the Secretary of the Pennsylvania Department of the Environmental Protection on February 23, 2004. These revisions amend Pennsylvania's rate-of-progress (ROP) plan for year 2005 for its Pennsylvania portion of the Philadelphia-Wilmington-Trenton 1-hour ozone nonattainment area. These revisions update the 2005 ROP plan's 1990 and 2005 motor vehicle emissions inventories and motor vehicle emissions budgets to reflect the use of the MOBILE6 emissions model, and establish revised motor vehicle emissions budgets of 79.69 tons per day (tpd) of volatile organic compounds and 144.73 tpd of nitrogen oxides. (j) EPA approves the one hour ozone attainment demonstration SIP for the Philadelphia-Wilmington-Trenton area submitted by the Pennsylvania Department of Environmental Protection on April 30, 1998, August 21, 1998, February 25, 2000 and July 19, 2001 including its RACM analysis and determination. EPA is approving the enforceable commitments made to the attainment plan for the Philadelphia-Wilmington-Trenton severe ozone nonattainment area submitted by the Pennsylvania Department of Environmental Protection on July 31, 1998, February 25, 2000 and July 19, 2001. The enforceable commitments are to: (1) Submit measures by October 31, 2001 for additional emission reductions as required in the attainment demonstration test, and to revise the SIP and motor vehicle emissions budgets by October 31, 2001 if the additional measures affect the motor vehicle emissions inventory, (2) [Reserved] (3) Perform a mid-course review by December 31, 2003. (k) EPA approves the following mobile budgets of the post-1996 rate of progress plans and the 2005 attainment plan: Transportation Conformity Budgets for the Philadelphia Area ---------------------------------------------------------------------------------------------------------------- VOC NOX Date of adequacy determination Type of control strategy SIP Year (tpd) (tpd) or SIP approval date ---------------------------------------------------------------------------------------------------------------- Post-1996 ROP Plan........................... 1999 88.6 109.6 June 23, 2000 (65 FR 36438, June 8, 2000). Post-1996 ROP Plan........................... 2002 69.52 93.13 June 23, 2000 (65 FR 36438, June 8, 2000). Post-1996 ROP Plan........................... 2005 79.69 144.73 June 21, 2004 (May 21, 2004, 69 FR 29240). Attainment Demonstration..................... 2005 79.69 144.73 June 12, 2003 (68 FR 31700, May 28, 2003). ---------------------------------------------------------------------------------------------------------------- (1)–(2) [Reserved] (l) EPA approves the Commonwealth of Pennsylvania's revised 1990 and the 2005 VOC and NOX highway mobile emissions inventories and the 2005 motor vehicle emissions budgets for the 1-hour ozone attainment SIP for the Philadelphia-Wilmington-Trenton severe ozone nonattainment area. These revisions were submitted by the Pennsylvania Department of Environmental Protection on January 17, 2003. Submission of these revised MOBILE6-based motor vehicle emissions inventories was a requirement of EPA's approval of the attainment demonstration under paragraph (j) of this section. [46 FR 17553, Mar. 19, 1981, as amended at 47 FR 8359, Feb. 26, 1982; 47 FR 25010, June 9, 1982; 60 FR 37018, July 19, 1995; 61 FR 15713, Apr. 9, 1996; 61 FR 24709, May 16, 1996; 61 FR 28066, June 4, 1996; 61 FR 67231, Dec. 20, 1996; 62 FR 8624, Feb. 26, 1997; 62 FR 11082, Mar. 11, 1997; 66 FR 53106, Oct. 19, 2001; 66 FR 54164, Oct. 26, 2001; 68 FR 58612, Oct. 10, 2003; 69 FR 29240, May 21, 2004] § 52.2038 Rate of Progress Plans: Ozone. top (a) EPA grants full approval to Pennsylvania's 15 Percent Rate of Progress Plan for the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Secretary of the Pennsylvania Department of Environmental Protection on March 22, 1996, as formally revised on February 18, 1997 and on July 22, 1998. (b) EPA grants full approval to the 15 Percent Rate of Progress Plan for Pennsylvania's portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area. The area that is the subject of this action encompasses Bucks, Chester, Delaware, Philadelphia, and Montgomery Counties. The plan was formally submitted to EPA by the Secretary of the Pennsylvania Department of Environmental Protection on September 12, 1996, and was formally revised on April 10, 1997 and June 5, 1998. [66 FR 17638, Apr. 3, 2001, as amended at 66 FR 44548, Aug. 24, 2001] §§ 52.2039-52.2053 [Reserved] top § 52.2054 Control of asphalt paving material. top (a) Notwithstanding any provisions to the contrary in the Pennsylvania Implementation Plan, the Pennsylvania Department of Transportation shall restrict the annual usage of asphalts to the limits listed below in the following sixteen county area of Pennsylvania: Allegheny, Armstrong, Beaver, Butler, Cambria, Clarion, Fayette, Green, Indiana, Jefferson, Lawrence, Mercer, Somerset, Venango, Washington, and Westmoreland Counties: (1) No more than twenty percent of the total amount of liquid bituminous asphalt paving material used shall be cutback asphalt; and (2) No more than 2,615,000 gallons of cutback asphalts shall be used, of which no more than 1,400,000 gallons may be used for dust palliative work on roadways and shoulders; and (3) No more than 2,500,000 gallons total of emulsion Class E–4 and Class E–5 shall be used unless an equivalent reduction in the use of cutbacks is made to balance the additional hydrocarbon emissions from emulsions. (b) The Pennsylvania Department of Transportation is required to submit to the Pennsylvania Department of Environmental Resources, on a quarterly basis, reports which list for each of the affected counties the number of gallons of each class of asphalt used. The first quarterly reports will be submitted in October 1977 for the period between July 1, 1977, and September 30, 1977. Copies of all reports will also be forwarded to Region III, EPA. [42 FR 54417, Oct. 6, 1977] § 52.2055 Review of new sources and modifications. top (a) Special permit requirement regulations are approved. (b) [Reserved] [39 FR 7283, Feb. 25, 1974, as amended at 46 FR 17554, Mar. 19, 1981; 46 FR 51742, Oct. 22, 1981; 47 FR 8359, Feb. 26, 1982; 60 FR 33924, June 29, 1995] § 52.2056 [Reserved] top § 52.2057 Requirements for state implementation plan revisions relating to new motor vehicles. top Pennsylvania must comply with the requirements of §51.120. [60 FR 4738, Jan. 24, 1995] § 52.2058 Prevention of significant air quality deterioration. top (a) The requirements of sections 160 through 165 of the Clean Air Act are met by the regulations (25 PA Code §127.81 through 127.83) adopted by the Pennsylvania Environmental Resources on October 28, 1983. All PSD permit applications and requests for modifications thereto should be submitted to: Pennsylvania Department of Environmental Resources, Bureau of Air Quality Control, 200 North Third Street, Harrisburg, PA 17120, ATTN: Abatement and Compliance Division. [49 FR 33128, Aug. 21, 1984] § 52.2059 Control strategy: Particulate matter. top (a) Pennsylvania has committed to undertake a comprehensive program to investigate non-traditional sources, industrial process fugitive particulate emissions, alternative control measures, and to develop and implement an effective control program to attain the primary and secondary NAAQS for particulates. The schedule for this study is as follows: Schedule for Investigating and Controlling Nontraditional Particulate Matter Emissions ------------------------------------------------------------------------ Task Completion date ------------------------------------------------------------------------ Scheduled tasks: 1. Quantify nontraditional sources...... June 1, 1980. 2. Investigate control techniques....... Apr. 1, 1982. 3. Investigate source-receptor June 1, 1980. relationship. Analysis and control strategy development: 1. Analyze Nonattainment Areas.......... July 1, 1981. 2. Develop Control Strategies........... Jan. 1, 1982. 3. Develop, Adopt, Submit SIP........... July 1, 1982. 4. Implement SIP........................ Begin_7/1/82. ------------------------------------------------------------------------ (b) EPA approves the PM–10 attainment demonstration for the Liberty Borough Area of Allegheny County submitted by the Pennsylvania Department of Environmental Protection on January 6, 1994. [45 FR 33628, May 20, 1980, as amended at 63 FR 47436, Sept. 8, 1998] § 52.2060 Small Business Assistance Program. top On February 1, 1993, the Secretary of the Pennsylvania Department of Environmental Resources submitted a plan for the establishment and implementation of the Small Business Assistance Program as a state implementation plan (SIP) revision, as required by Title V of the Clean Air Act Amendments. EPA approved the Small Business Assistance Program on March 6, 1995, and made it part of the Pennsylvania SIP. As with all components of the SIP, Pennsylvania must implement the program as submitted and approved by EPA. [60 FR 1741, Jan. 5, 1995] § 52.2061 Operating permits. top (a) Emission limitations and related provisions which are established in Pennsylvania operating permits as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements or the requirements of EPA's underlying regulations. (b) Emission limitations and related provisions which are established in Pennsylvania general operating permits as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem general permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the general permit, general permit approval procedures, or general permit requirements which do not conform with the general operating permit program requirements or the requirements of EPA's underlying regulations. [61 FR 39597, 39601, July 30, 1996] § 52.2062 Plan approvals. top (a) Emission limitations and related provisions which are established in Pennsylvania plan approvals as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem plan approval conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the plan approval, the relevant approval procedures, or plan requirements which do not conform with the plan approval program requirements or the requirements of EPA's underlying regulations. (b) Emission limitations and related provisions which are established in Pennsylvania general plan approvals as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem general plan approval conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the general plan approval, the relevant approval procedures, or plan requirements which do not conform with the general plan approval program requirements or the requirements of EPA's underlying regulations. [61 FR 39597, 39601, July 30, 1996] § 52.2063 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the Commonwealth of Pennsylvania” and all revisions submitted by Pennsylvania that were federally approved prior to February 10, 2005. (b) The plan was officially submitted on January 27, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Regulations 121, 123, 127, 129, 131, 135, 137, 139, and 141 of the Pennsylvania Code of Regulations submitted March 17, 1972, by the Pennsylvania Department of Environmental Resources. (2) Air Quality Data for three additional months regarding Reading Air Basin SO2 strategy submitted March 27, 1972, by the Pennsylvania Department of Environmental Resources. (3) Miscellaneous non-regulatory additions and clarifications to the plan submitted on May 4, 1972, by the Pennsylvania Department of Environmental Resources. (4) “An Implementation Plan for the Attainment and Maintenance of the National Ambient Air Quality Standards for Allegheny County, Commonwealth of Pennsylvania, 1980”, and Article XX (which replaces Article XVIII), which were submitted on December 24, 1980. (5) Non-regulatory additions to plan regarding Allegheny County Source Surveillance regulations submitted on June 20, 1972, by the Pennsylvania Department of Environmental Resources. (6) Miscellaneous non-regulatory additions to the plan submitted August 14, 1972, by the Pennsylvania Department of Environmental Resources. (7) Revision to Philadelphia Air Management Services regulations submitted November 3, 1972, by the Governor. (8) Revision to compliance schedules for Clairton Coke Works in Allegheny County submitted December 14, 1972, by the Governor. (9) Transportation Control Plan for Southwest Pennsylvania and Metropolitan Philadelphia AQCR's submitted April 13, 1973, by the Governor. (10) [Reserved] (11) Amendments to Philadelphia Air Management Services regulation number 3 submitted April 15, 1974, by the Governor. (12) Amendments to Philadelphia Air Management Services regulations numbers 1, 2 and 11 submitted May 28, 1974, by the Governor. (13) Process factor for glass production furnaces submitted on December 26, 1974, by the Pennsylvania Department of Environmental Resources. (14) Amendments to Chapters 123 (section 123.24) and 139 (section 139.13), controlling zinc smelter operations; submitted on August 7, 1975 by the Pennsylvania Department of Environmental Resources. (15) A revision submitted by the Commonwealth of Pennsylvania on August 11, 1976 amending Title 3 of the Philadelphia Code, Subsection 3–103, Enforcement; Subsection 3–301, Powers and Duties of the Department of Public Health; and Subsection 3–305 Orders. (16) Revisions submitted by the Commonwealth of Pennsylvania on December 11, 1972 amending regulations for the powers and duties of the Department of Environmental Resources, the Environmental Quality Board and the Environmental Hearing Board. (17) Amendment to Article XVIII, Rules and Regulations of the Allegheny County Health Department, Sections 1800 (Definitions) and 1813 (Air Pollution Emergency Episode Regulations). These amendments were submitted on May 15, 1978 by the Department of Environmental Resources. (18) Amendments to Title 3, Section 3–207 (Sale of Fuel Oil) of the Philadelphia Code pertaining to Philadelphia County and to Title 25, Part I, Subpart C, Article III, Chapter 121 (Definitions) and Chapter 123 (Standards for Contaminants, Sulfur Compound Emissions) of the Pennsylvania Code pertaining to Bucks, Chester, Delaware, and Montgomery Counties submitted on July 31, 1978 by the Governor. (19) Amendments to Chapters 121 (§121.1), 123 (§§123.1, 123.13, 123.44), 127 (§§127.41 through 127.52, inclusive), 129 (§§129.15 and 129.16), and 139 (§§139.51, 139.52, 139.53 and 139.61), dealing with the control of coke oven battery operations; submitted on June 30, 1978 by the Pennsylvania Department of Environmental Resources. (20) Amendments to Chapters 121 (§121.1), 123 (§§123.22(b) and 123.45), and 139 (§§139.3, 139.4, 139.13, 139.16, 139.101, 139.102, 139.103, 139.104 and 139.105), dealing with sulfur dioxide emissions from fuel-burning installations, only as they apply to sources in the Erie air basin; submitted on April 24, 1979 by Governor Thornburgh. (21) A revision submitted by the Commonwealth of Pennsylvania on September 20, 1978 to clarify terms and intent of Chapter 121 (relating to general provisions), Chapter 123 (relating to standards for contaminants) and Chapter 129 (relating to standards for sources). (22) The “1979 State Implementation Plan (SIP) Submission for the Attainment of the Photochemical Oxidant Standard in Pennsylvania” and “Regulations for Volatile Organic Compounds” amending Chapters 121, 129, and 139 of the Pennsylvania Code submitted on April 24, 1979, by the Governor. (23) Transportation elements of the SIP for Philadelphia, Pittsburgh, Allentown-Bethlehem-Easton, and Scranton areas and commitment to implement vehicle inspection and maintenance in Lehigh and Northampton Counties submitted on June 7, 1979, by the Governor. (24) Transportation element of the SIP for the Wilkes-Barre area submitted on June 8, 1979, by the Secretary of the Pennsylvania Department of Environmental Resources. (25) Total Suspended Particulate, State Implementation Plan for Pennsylvania, submitted on June 12, 1979, by the Secretary of the Pennsylvania Department of Environmental Resources. (26) Special Permit Requirements for Sources Locating in or Significantly Impacting Nonattainment Areas and a revision of Sampling and Testing methods for total suspended particulate amending Chapters 121, 127, and 139 of the Pennsylvania Code submitted on June 12, 1979, by the Secretary of the Pennsylvania Department of Environmental Resources. (27) Transportation element for the Harrisburg area submitted on June 13, 1979, by the Secretary of the Pennsylvania Department of Environmental Resources. (28) Allegheny County Volatile Organic Compound Regulations amending Chapters I, II, and V of Allegheny County Regulations submitted on June 13, 1979, by the Secretary of the Pennsylvania Department of Environmental Resources. (29) Documentation of the status of transportation/air quality measures in a letter of August 20, 1979 from the Lackawanna County Planning Commission. (30) Information from the Southwestern Pennsylvania Regional Planning Commission of September 17, 1979 on the calculation of emission estimates and the status of certain transportation measures. (31) Reclassification of several transportation measures in the transportation/air quality study for the Allentown-Bethlehem-Easton area, submitted by the Commonwealth on November 19, 1979. (32) Substantiation of TSP planning and attainment schedules submitted by the Commonwealth on November 28, 1979. (33) A revision submitted by the Commonwealth of Pennsylvania on August 11, 1976 consisting of an amendment to the Pennsylvania Air Resources Regulations, Chapter 129, Standards for Sources, which relates to open burning. (34) A revision was submitted by the Commonwealth of Pennsylvania on January 25, 1980, which is intended to establish an Ambient Air Quality Monitoring Network for the Commonwealth of Pennsylvania and the City of Philadelphia. (35) Amendments to the Pennsylvania Air Resources Regulations, consisting of the addition of regulations for alternative emission reduction limitations (Sections 128.11 through 128.13 for Andre Greenhouses, Inc., and Section 128.14 for the 3M Co.), submitted on April 16, 1981. (36) A revision submitted by the Commonwealth of Pennyslvania on April 9, 1981 providing for attainment of the SO2 NAAQS in portions of Armstrong County, Pennsylvania. (37) A revision submitted by the Commonwealth of Pennsylvania on June 5, 1980, consisting of amendments to Philadelphia's Air Management Regulations II and III, allowing a limiting resumption of industrial coal burning. (38) A revision submitted by the Commonwealth of Pennsylvania on December 24, 1980 which is intended to establish an Ambient Air Quality Monitoring Network for Allegheny County. (39) Amendments consisting of minor regulatory changes to Article III of the Pennsylvania Rules and Regulations for Air Resources governing Volatile Organic Compounds (VOC) emissions was submitted by the Commonwealth of Pennsylvania on December 16, 1980. (40) A revision submitted by the Commonwealth of Pennsylvania on November 10, 1980 dividing the Beaver Valley Air Basin into an Upper Beaver Valley Air Basin and Lower Beaver Valley Air Basin and revising chapters 121 and 123. (41) Revisions submitted by the Commonwealth of Pennsylvania on April 13, 1981, July 13, 1981 and August 17, 1981 to correct the conditionally approved and unapproved portions of Pennsylvania 1979 State Implementation Plan. (42) A document entitled “Attainment Demonstration for Total Suspended Particulate in Nonattainment Area #3, Based Upon Alternate Emission Reduction Plan for Shenango, Inc.” in Allegheny County, including the new section 902 of Article XX, submitted by the Commonwealth of Pennsylvania on May 18, 1981. (43) Amendments to Air Management Regulations II and III, with supporting documents, submitted by Governor Dick Thornburgh on December 8, 1981, allowing the continued burning of anthracite coal in existing space heating units currently burning coal. (44) [Reserved] (45) Revisions submitted to the Commonwealth of Pennsylvania on February 23, 1982 to correct the conditionally-approved portions of the 1979 State Implementation Plan, specifically the two asphalt regulations in Allegheny County. (46) A revision submitted by the Acting Secretary of the Pennsylvania Department of Environmental Resources on December 9, 1981, which would add an expanded ridesharing program in the Delaware Valley. (47) Revisions submitted on July 27, 1981, August 12, 1981, and September 15, 1981, by the Pennsylvania Department of Environmental Resources (DER), which will limit the automobile emission Inspection and Maintenance Program to the urbanized areas of the Pittsburgh and Allentown-Bethlehem-Easton regions. (48) Volatile Organic Compound (VOC) regulations, a generic VOC bubble regulation, Continuous Emission Monitoring (CEM) regulations and procedures, and Alternative Opacity Limit regulations submitted by Pennsylvania to EPA on July 13, 1981, August 17, 1981, August 26, 1981, and September 4, 1981. (49) Group IIVOC regulations, a revision of the Air Episode Regulations, and an increase in Permit Fees, for Allegheny County, Pa. These revisions were submitted by Secretary Peter S. Duncan on February 23, 1982. (50) Regulations and supporting documents implementing an SO2 bubble plan for the U.S. Steel Homestead and Edgar Thomson Works in Allegheny County, PA. submitted by DER Secretary Peter S. Duncan on September 16, 1982. (51) Regulations and supporting documents implementing a TSP bubble plan for U.S. Steel Corporation's Fairless Works in Fairless Hills, PA., submitted by the Secretary of the Pennsylvania Department of Environmental Resources on January 6, 1983. (52) Regulations and supporting documents implementing a TSP bubble plan for Bethlehem Steel Corporation's plant in Bethlehem, Pa., submitted by the Secretary of the Pennsylvania Department of Environmental Resources on December 30, 1982. (53) Pennsylvania submittal dated September 23, 1982 deleting more stringent sulfur in residual oil requirements for the Upper Beaver Valley Air Basin which would have become effective August 1, 1982 and adding provisions for public notification of air quality levels. (54) Revisions submitted by the Commonwealth of Pennsylvania on June 8, 1982 consisting of alternative emission reduction plans for Scott Paper Company in Chester, PA, Arbogast and Bastian, Inc., in Allentown, PA, and J. H. Thompson, Inc., in Kennett Square, PA. (55) Regulations and supporting documents implementing an SO2 bubble plan for U.S. Steel Corporation's Fairless Works in Fairless Hills, PA was submitted by the Secretary of the Pennsylvania Department of Environmental Resources on July 7, 1983. (56) A State Implementation Plan for the control of lead (Pb) emissions submitted on September 30, 1982 by the Secretary of Environmental Resources. (57) A revision submitted by the Commonwealth of Pennsylvania on July 28, 1983, and clarified by letters dated October 28, 1983, February 7, 1984 and June 15, 1984 enables the Commonwealth of Pennsylvania to implement and enforce the prevention of significant deterioration (PSD) regulations. (58) Revision to Article XX of the Allegheny County SIP were submitted by the Secretary of the Pennsylvania Department of Environmental Resources on September 6, 1983. (59) A State Implementation Plan for the control of lead (Pb) emissions in Allegheny County was submitted on September 6, 1983 by the Secretary of Environmental Resources. (60) Amendments consisting of minor regulatory changes to Article III of the Air Resources Regulations that amend Chapters 121, 123, 127, 129, 131, 139, and 141 was submitted by the Commonwealth of Pennsylvania on September 23, 1983. (61) A State Implementation Plan for the control of lead (Pb) emissions in Philadelphia was submitted on August 29, 1983 and May 15, 1984 by the Secretary of the Pennsylvania Department of Environmental Resources. (62) A State Implementation Plan for the control of Lead (Pb) emissions in Pennsylvania was submitted on June 8, 1984 by the Secretary of the Pennsylvania Department of Environmental Resources. (63) The 1982 Ozone and Carbon Monoxide plan, except for the Inspection and Maintenance portion and the Perchloroethylene Dry Cleaning regulation, for the Southeastern, Southwestern, and Allentown-Bethlehem-Easton areas submitted by the Commonwealth on June 30, 1982 and October 24, 1983. (64) [Reserved] (65) An amendment to Philadelphia Air Management's Regulation VII, submitted by the Secretary of the Pennsylvania Department of Environmental Resources on March 28, 1986. The amendment exempts fuel burning units installed before June 1, 1984, from the provisions of Regulation VII (Control of Emissions of Nitrogen Oxides from Stationary Sources). (i) Incorporation by reference. (A) Air Management Regulation VII, Control of Emission of Nitrogen Oxides from Stationary Sources, adopted on April 9, 1985. (66) A revision to the Pennsylvania State Implementation Plan adopting a Motor Vehicle Emissions Inspection and Maintenance Program submitted by the Secretary of the Pennsylvania Department of Environmental Resources on June 24, 1985 and an amendment submitted March 13, 1986 by the Chief, Division of Air Resource Management, Bureau of Air Quality Control, Pennsylvania Department of Environmental Resources. (i) Incorporation by reference. (A) Title 75, sections 4703 (a) and (h) and 4706 of the Purdon's Pennsylvania Consolidated Statutes Annotated and Title 67, Pennsylvania Code sections 175.41, 177.21, 177.31, 177.32, 177.35, 177.39 and 177.61. (B) Bureau of Air Quality Control, Department of Environmental Resources, State Implementation Plan, Revision for Ozone for I/M, dated June 17, 1985 and the letter to EPA, dated March 13, 1986. (67) Amendment to section 512.G. Extensions, of Article XX, Rules and Regulations of the Allegheny County Health Department providing authority to grant compliance date extensions for surface coating and graphic arts sources, submitted by DER Secretary Nicholas DeBenedictis on August 13, 1985. (i) Incorporation by reference. (A) Letter of August 13, 1985 to EPA from the Pennsylvania Department of Environmental Resources, and Appendix 22, Amendment to section 512.G., Allegheny County portion of the Pennsylvania State Implementation Plan (extension of final air pollution compliance dates for surface coating and graphic arts) adopted by the Board of County Commissioners of June 27, 1985. (68) Revision to the Pennsylvania State Implementation Plan dated February 13, 1985, which implements two VOC offset transactions between Paramount Packaging Corporation and National Can Corporation and between Fres-co Systems USA, and National Can Corporation. (i) Incorporation by reference. (A) Pennsylvania Department of Environmental Resources, Order for the External Transfer of Banked Emissions #85–524, signed on March 1, 1985. (B) Pennsylvania Department of Environmental Resources, Order for the External Transfer of Banked Emissions #85–525, signed on March 1, 1985. (C) Letter dated August 21, 1985, from the Department of Environmental Resources to the National Can Corporation. (ii) Additional material. (A) Narrative submittal dated February 13, 1985, from the Department of Environmental Resources to EPA. (B) Letter dated April 25, 1986, from the Department of Environmental Resources to EPA. (69) Revision to the Allegheny County portion of the Pennsylvania State Implementation Plan was submitted by the Commonwealth on February 3, 1987. (i) Incorporation by reference. (A) Amendment to the Allegheny County portion of the Pennsylvania SIP for Air Pollution Control, Appendix 23, section 533, Abrasive Blasting, approved on October 9, 1986. (B) Letter dated February 3, 1987, from the Commonwealth of Pennsylvania to EPA. (70) Revisions to the Philadelphia Regulations incorporating stack height regulations, submitted by Pennsylvania on June 2, 1986. (i) Incorporation by reference. (A) Amendment to Philadelphia, Pennsylvania, Air Management Regulation I, Section XI, “Compliance with Federal Regulations”, effective on March 27, 1986. (71) The permit incorporating polymer resin processes RACT requirements for ARCO's Monaca plant, submitted by acting DER Secretary John Krill on January 14, 1987. (i) Incorporation by reference. (A) The entire permit (No. 04–313–052) and plan approval; issued and effective December 9, 1986. (72) The permit incorporating SOCMI air oxidation RACT requirements for IMC's Allentown plant, submitted by acting DER Secretary John Krill on January 14, 1987. (i) Incorporation by reference. (A) The entire permit (No. 39–313–014) and plan approval; issued and effective December 10, 1986. (73) Good engineering practice stack height regulations were submitted by the Secretary, Pennsylvania Department of Environmental Resources on July 19, 1988. (i) Incorporation by reference. (A) Letter from the Pennsylvania Department of Environmental Resources dated July 19, 1988, submitting a revision to the Pennsylvania State Implementation Plan. (B) Amendments to Pennsylvania regulations, title 25, part I, subpart C, article III; chapters 121 (definitions) and 141 (variances and alternate standards) adopted May 14, 1988. (ii) Additional materials. (A) Remainder of the State submittal including the letter of commitment dated March 11, 1986, from the Department of Environmental Protection stating that new source review shall be conducted in accordance with the good engineering practice requirements of 40 CFR part 51. (74) Revisions to the State Implementation Plan submitted by the Pennsylvania Department of Environmental Resources on January 11, 1991. (i) Incorporation by reference. (A) Letter from the Pennsylvania Department of Environmental Resources dated January 11, 1991 submitting a revision to the Pennsylvania State Implementation Plan. (B) Amendment to 25 Pa. Code Chapter 123.51 “Monitoring Requirements”, concerning continuous nitrogen oxides monitoring, effective October 20, 1990. (ii) Additional materials. (A) Remainder of the State Implementation Plan revision request submitted by the Pennsylvania Department of Environmental Resources on January 11, 1991. (75) Revisions to the State Implementation Plan submitted by the Pennsylvania Department of Environmental Resources on January 8, 1991. (i) Incorporation by reference. (A) Letter from the Pennsylvania Department of Environmental Resources dated January 8, 1991 submitting a revision to the Pennsylvania State Implementation Plan. (B) Revisions to Pennsylvania Department of Environmental Resources' Air Quality Regulations, §137.3, subsections (2), (3), (4), and introductory paragraph, effective June 9, 1990. (ii) Additional materials. (A) Remainder of State submittal, dated January 8, 1991. (76) Revisions to the State Implementation Plan (SIP) submitted by the Pennsylvania Department of Environmental Resources (PADER) on January 11, 1991. (i) Incorporation by reference. (A) A letter from PADER dated January 11, 1991 submitting a revision to the Pennsylvania SIP. (B) Title 25 PA. Code, Chapter 121, Section 121.1—Definition of VOC. (77) Revision to the State Implementation Plan submitted by the Pennsylvania Department of Environmental Resources on February 23, 1987, at the request of Philadelphia Air Management Services. (i) Incorporation by reference. (A) Letter from the Pennsylvania Department of Environmental Resources dated February 23, 1987, submitting a revision to the Philadelphia portion of the Pennsylvania Ozone State Implementation Plan. (B) Regulation V, Section I, “Definitions” for the terms Petroleum Solvents and Petroleum Solvent Dry Cleaning; and Section XI, “Petroleum Solvent Dry Cleaning” effective November 28, 1986. (C) Compliance Guidelines, for Air Management Regulation V, “Control of Emission of Organic Substances from Stationary Sources,” Section XI: Petroleum Solvent Dry Cleaning” effective November 28, 1986 (containing amendments and revisions through February 29, 1988). (78) Revisions to the State Implementation Plan submitted by the Pennsylvania Department of Environmental Resources on September 9, 1991. The effective date of the regulation submitted is May 23, 1988. (i) Incorporation by reference. (A) A letter from the Pennsylvania Department of Environmental Resources dated September 9, 1991 submitting a revision to the Pennsylvania State Implementation Plan. (B) Section XIII, Process Equipment Leaks of Philadelphia Air Management Regulation V—Control of Emissions of Organic Substances from Stationary Sources. The effective date of the regulation submitted is May 23, 1988. (C) Compliance Guidelines for Philadelphia Air Management Regulation V, Section XIII. The effective date of the compliance guidelines submitted is May 23, 1988. (ii) Additional materials. (A) Remainder of the May 23, 1988 State submittal. (79) Revisions to the State Implementation Plan submitted by the Pennsylvania Department of Environmental Resources on August 15, 1991. (i) Incorporation by reference. (A) Letter from the Pennsylvania Department of Environmental Resources dated August 15, 1991 submitting revision to the Pennsylvania State Implementation Plan, pertaining to Chapters 121 and 129 of the Pennsylvania regulations pertaining to Stage I vapor recovery, surface coating, graphic arts, deletion of the generic bubble regulation, recordkeeping, gasoline marketing, pharmaceutical products, and compliance schedules. (B) The definitions of bulk gasoline plant, bulk gasoline terminal, clear coat, and miscellaneous metal parts and products found in Chapter 121.1, Chapter 129.51 (a) (1) through (6), (b), and (c), Chapter 129.52 (a) through (e), Table I, 10.(a) topcoats for locomotives and heavy-duty trucks and 10.(b) hopper cars and tank car interiors, deletion of Chapter 129.53 (now reserved), Chapter 129.54, Chapter 129.59, Chapter 129.60, Chapter 129.61, Chapter 129.66, Chapter 129.67, and Chapter 129.68 published in the Pennsylvania Bulletin dated August 3, 1991 (Vol. 21, no. 31, pages 3406–3416). These regulations were made effective on August 3, 1991. (80) Revision to the Allegheny County portion of the Pennsylvania State Implementation Plan submitted on July 13, 1987, which consists of the addition of an installation permit (86–I–0024–P) which defines and imposes RACT to control VOC emissions from air oxidation processes at the Aristech Chemical Corporation plant on Neville Island. (i) Incorporation by reference. (A) A letter from the Pennsylvania Department of Environmental Resources dated July 13, 1987, submitting revisions to the Allegheny County portion of the Pennsylvania ozone State Implementation Plan. (B) The original permit (86–I–0024–P), issued and effective August 28, 1986, and the modification and amendments to the original permit, issued and effective March 3, 1987. (81) Revisions to the State Implementation Plan submitted by the Pennsylvania Department of Environmental Resources on January 11, 1991. (i) Incorporation by reference. (A) Letter from the Pennsylvania Department of Environmental Resources dated January 11, 1991 submitting a revision to the Pennsylvania State Implementation Plan. (B) The following revised regulations, effective October 27, 1990: Sections 121.1 (Definitions of “combustion efficiency,” “incinerator,” “municipal waste,” “municipal waste incinerator,” and “resource recovery unit” only); 123.25 (b), (c), and (e); 129.18 (entire section); 139.101 (7), (16) and introductory paragraph; 139.103(2); 139.104(2); 139.111 (1), (2), (3). (ii) Additional material. (A) Remainder of the January 11, 1991 State submittal. (82) Revision to the State Implementation Plan submitted by the Pennsylvania Department of Environmental Resources on February 23, 1987 at the request of Philadelphia Air Management Services. (i) Incorporated by reference. (A) Letter from the Pennsylvania Department of Environmental Resources dated February 23, 1987 submitting a revision to the Philadelphia portion of the Pennsylvania Ozone State Implementation Plan effective November 28, 1986. (B) Regulation V, Section I, “Definitions” for the term Pharmaceutical Tablet Coating; and Section XII, “Pharmaceutical Tablet Coating” only. (C) Compliance Guidelines for Air Management Regulation V, “Control of Emissions of Organic Substances from Stationary Sources,” Section XII: “Pharmaceutical Tablet Coating,” effective November 28, 1986, (containing amendments and revisions through February 29, 1988). (83) Revisions to the State Implementation Plan submitted by the Pennsylvania Department of Environmental Resources on February 23, 1987. (i) Incorporation by reference. (A) A letter from the Pennsylvania Department of Environmental Resources dated February 23, 1987 submitting a revision to the Pennsylvania State Implementation Plan. (B) A revision to Section I—Definitions—for the term Volatile Organic Compound (VOC) of Philadelphia Air Management Regulation V “Control of Emissions of Organic Substances from Stationary Sources.” The effective date is November 28, 1986. (C) The addition of Section X—Compliance with Pennsylvania Standards for VOC to Philadelphia Air Management Regulation V. The effective date is November 28, 1986. (ii) Additional materials. (A) The remainder of the Commonwealth's February 23, 1987, submittal. (84) Revisions to the Pennsylvania Air Pollution Control Regulations submitted on November 13, 1991, by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of November 13, 1991, from the Pennsylvania Department of Environmental Resources transmitting revised regulations for the control of volatile organic compound (VOC) emissions. (B) Title 25 Pa. Code, chapter 121, section 121.1 (Definition of “Organic Liquid Cargo Vessel” only) and chapter 129, section 129.81 (Organic Liquid Cargo Vessel Loading and Ballasting), effective September 28, 1991. (ii) Additional material. (A) Remainder of the November 13, 1991, State submittal. (85) Revisions to the Pennsylvania Regulations submitted on October 16, 1991, by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter from the Pennsylvania Department of Environmental Resources dated October 16, 1991 transmitting revisions to the Allegheny County portion of the Pennsylvania State Implementation Plan. (B) Revisions to the following provisions of Article XX, Rules and Regulations of the Allegheny County Health Department, Air Pollution Control, adopted on August 8, 1991, and effective August 26, 1991: (1) Section 101–Added definitions for the following terms: capture efficiency, potential uncontrolled emission rate, and transfer efficiency; revised and renumbered definitions for the following terms: bulk gasoline plant, bulk gasoline terminal, clear coat, miscellaneous metal parts and products, and volatile organic compound (VOC). (2) New Section 501 added; existing Section 510 deleted. (3) Section 504 (entire section). (4) Section 505, subsections A, B, and D, and Table I. (5) Section 507, subsection B. (6) Section 508, subsections C, D, E, G, and H. (7) Section 512–New subsection A (added), subsection B (former subsection H); existing subsections A–G and I are deleted. (8) Section 531, subsections A, B, and C. (9) Section 534, subsections B and C. (10) Deletion of Section 506 that was in effect before August 26, 1991. (86) Revisions to the Pennsylvania Regulations for reasonably available control technology (RACT) to control fugitive organic chemical manufacturing industries, Article XX of the Rules and Regulations of the Allegheny County Health Department, section 534 and 605 I submitted on July 13, 1987, by the Pennsylvania Department of Environmental Resources (DER). (i) Incorporation by reference. (A) Letter of July 13, 1987, from the Pennsylvania Department of Environmental Resources transmitting regulations for the control of “Synthetic Organic Chemical and Polymer Manufacturing-Fugitive Sources” and the associated test method, EPA method 21. (B) Article XX, of the Rules and Regulations of the Allegheny County Health Department, section 534 and 605 I, effective June 10, 1987. (87) Revisions to the Pennsylvania State Implementation Plan submitted on March 29, 1993, by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of March 22, 1993, from the Pennsylvania Department of Environmental Resources transmitting plan approval no. 46–326–001A and operating permit no. 46–326–001A for Knoll Group, P.O. Box 157, East Greenville, PA. (B) Plan approval no. 46–326–001A and operating permit no. 46–326–001A which consist of emission standards, operating conditions and recordkeeping requirements applicable to Knoll Group, a wood furniture surface coater located in Montgomery County, PA, which is in the Philadelphia severe ozone nonattainment area. These requirements together are being approved as reasonably available control technology (RACT) for this wood furniture surface coater. The effective date of the plan approval and the operating permit is March 24, 1993. (ii) Additional material. (A) Remainder of March 29, 1993, Pennsylvania submittal consisting of a Background Information document prepared by Pennsylvania in support of the RACT proposal for Knoll, an evaluation of control options performed for Knoll by a contractor, public comments and responses, and a chart and computer diskette (LOTUS 1–2–3) showing how RACT calculations will be performed. (88) Revisions to the Pennsylvania Regulations for an oxygenated gasoline program submitted on November 12, 1992 by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of November 12, 1992 from the Pennsylvania Department of Environmental Resources transmitting the oxygenated gasoline regulation as a SIP revision. (B) Revisions to 25 PA Code Chapter 121, General Provisions, section 121.1 Definitions and the addition of section 126.1 Oxygenate Content of Gasoline to 25 PA Code Chapter 126, Standards for Motor Fuels. These revisions became effective August 29, 1992. (C) The correction in 25 PA Code Chapter 121, General Provisions, section 121.1 Definitions in the definition of “oxygenated gasoline”. This correction became effective October 24, 1992. (ii) Additional Material. (A) Remainder of Pennsylvania State submittal. (B) [Reserved] (89) Revisions to the Pennsylvania Regulations, Chapter 129.82 pertaining to Stage II Vapor Recovery and the associated definition of gasoline dispensing facilities in Chapter 121.1 submitted on March 4, 1992, by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of March 4, 1992, from the Pennsylvania Department of Environmental Resources transmitting Chapter 121.1, definition of gasoline dispensing facilities, and Chapter 129.82 pertaining to regulations for Stage II vapor recovery in moderate, serious and severe ozone nonattainment areas in the Commonwealth. (B) Pennsylvania Bulletin (Vol. 22, No. 8) dated February 8, 1992, containing the definition of gasoline dispensing facility in Chapter 121.1 and the Stage II vapor recovery regulations contained in Chapter 129.82, effective on February 8, 1992. (ii) Additional material. (A) Remainder of March 4, 1992, State submittal. (90) Revisions to the Allegheny County portion of the Pennsylvania SIP to adopt the PM–10 NAAQS and fulfill other Group III requirements, submitted on November 8, 1988 by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of November 8, 1988 from the Pennsylvania Department of Environmental Resources transmitting revisions to Article XX of Allegheny County Health Department Rules and Regulations. (B) Revisions to the following sections of Article XX of Allegheny County Health Department Rules and Regulations, effective August 22, 1988: (1) Section 101, Definitions (definition of “PM10”). (2) Section 109, Ambient Air Quality Standards. (3) Section 527, Areas Subject to Sections 521 through 526 (various fugitive dust measures). (4) Section 613, Ambient Measurements. (5) Section 704, Episode Criteria. (6) Section 801, Definitions. (Definitions of “Attainment area,” “Nonattainment area,” “Significant air quality impact,” and “Unclassified area”) (7) Appendix 1, Attainment, Unclassifiable and Nonattainment Areas of Allegheny County: deleted. (ii) Additional material. (A) Remainder of the November 8, 1988 submittal pertaining to the Allegheny County portion of the Pennsylvania SIP to adopt the PM–10 NAAQS and fulfill other Group III requirements. (91) Revisions to the Allegheny County portion of the Pennsylvania SIP to reduce PM–10 emissions and visible emissions from several categories of fugitive dust sources, submitted on December 31, 1992 by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of December 31 1992 from the Pennsylvania Department of Environmental Resources transmitting revisions to Article XX of Allegheny county Health Department Rules and Regulations. (B) Revisions to the following sections of Article XX of Allegheny County Health Department Rules and Regulations, effective November 1, 1992. (1) Section 402, Particulate Mass Emissions (Paragraph A—Fuel Burning or Combustion Equipment) (2) Section 520, Coke Ovens (Paragraph J—Compliance Schedule) (3) Section 521, Permit Source Premises. (4) Section 521.1, Non-Permit Source Premises. (5) Section 523, Permit Source Transport. (6) Section 523.1, Non-Permit Source Transport. (7) Section 524, Construction and Land Clearing. (8) Section 527, Areas Subject to Sections 521 through 526. (9) Section 602, Particulate Matter (test methods). (10) Section 606, Visible Emissions (measurement). (11) Section 607, Coke Oven Emissions (measurement). (12) Section 608, Coke Oven Gas (measurement of hydrogen sulfide content). (ii) Additional material. (A) Remainder of the December 31, 1992 submittal pertaining to the Allegheny County portion of the Pennsylvania SIP to reduce PM–10 emissions and visible emissions from several categories of fugitive dust sources. (92) Revisions to the Allegheny County portion of the Pennsylvania SIP to reduce PM–10 emissions including the newly created Allegheny County Article XXI which both revised and added emission reduction requirements for certain industrial boilers, various emission points at US Steel's Clairton Coke Works and the Glassport Transportation Center, new definitions related to coke oven gas emissions, and new test methods for particulate matter; submitted by the Pennsylvania Department of Environmental Resources on January 6, 1994 and effective February 1, 1994. (i) Incorporation by reference. (A) Letter of January 6, 1994 from the Pennsylvania Department of Environmental Resources transmitting Article XXI of Allegheny County Health Department Rules and Regulations. (B) The newly created Article XXI of Allegheny County Health Department Rules and Regulations in its entirety, effective February 1, 1994. (1) Part A (sections 2101 et seq.), General, reserved in part: (i) Section 2101. Short Titles. (ii) Section 2101.3, Effective Date and Repealer. (iii) Section 2101.20, Definitions. (2) Part B (sections 2102 et seq.), Installation Permits, reserved. (3) Part C (sections 2103 et seq.), Operating Permits and Licenses, reserved. (4) Part D (sections 2104 et seq.), Pollutant Emission Standards, reserved in part. (i) Section 2104.6, Particulate Mass Emissions, replaces section 402 of Article XX. (5) Part E (sections 2105 et seq.), Sources Emission and Operating Standards, reserved in part. (i) Section 2105.21, Coke Ovens and Coke Oven Gas, replaces section 520.B. through 520.J. and section 530 of Article XX. (ii) Section 2105.49, Fugitive Emissions, replaces section 528 of Article XX. (6) Part F (sections 2106 et seq.), Air Pollution Episodes, reserved. (7) Part G (sections 2107 et seq.), Methods, reserved in part: (i) Section 2107.1, General. (ii) Section 2107.2, Particulate Matter. (8) Part H (sections 2108 et seq.), Compliance, reserved. (9) Part I (sections 2109 et seq.), Enforcement, reserved. (ii) Additional material. (A) Remainder of the January 6, 1994 State submittal. (93) [Reserved] (94) Revision to the Commonwealth of Pennsylvania Volatile Organic Compound (VOC) Regulations, amending 25 Pa Code Chapters 121—General Provisions and Chapter 129—Standards for Sources submitted on August 19, 1992, by the Pennsylvania Department of Environmental Resources (PADER). (i) Incorporation by reference. (A) A letter of August 19, 1992, from PADER transmitting a state implementation plan revision which corrects deficiencies and adds requirements for the control of VOCs from surface coating, pneumatic rubber tire manufacturing, graphic arts and synthetic organic chemical manufacturing industry equipment leaks. (B) 25 Pa Code, Chapter 121, §121.4; and 25 Pa Code, Chapter 129, §§129.51, 129.52, 129.62, 129.66, 129.67, 129.69, 129.71 and 129.72, submitted on August 19, 1992 and effective on May 23, 1992. (95) [Reserved] (96) Revisions to the Commonwealth of Pennsylvania Regulations State Implementation Plan submitted on November 12, 1992 by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of November 12, 1992 from the Pennsylvania Department of Environmental Resources transmitting a revised regulation to establish emission statements requirements annually for sources of nitrogen oxides and volatile organic compounds. (B) Revisions to amend 25 Pa. Code, specifically to include section 135.5 and section 135.21. Effective on October 10, 1992. (97) Revisions to the Pennsylvania State Implementation Plan submitted by the Secretary, Pennsylvania Department of Environmental Protection on December 31, 1992. (i) Incorporation by reference. (A) Letter dated December 31, 1992 from the Secretary, Pennsylvania Department of Environmental Protection, submitting a revision to the Allegheny County portion of the Pennsylvania State Implementation Plan. (B) Addition of new section E to the Allegheny County Health Department-Bureau of Air Pollution Control (ACHD) Rules and Regulations, Article XX, Chapter II (Inspections, Reporting, Tests and Monitoring), §202 (Reporting Requirements) were effective on October 8, 1992. This revision consists of an emission statement program for stationary sources which emit volatile organic compounds (VOCs) and/or nitrogen oxides (NOX) at or above specified actual emission threshold levels. This program applies to stationary sources within the county of Allegheny. (ii) Additional material. (A) Remainder of December 31, 1992 state submittal pertaining to Pennsylvania Emission Statement Program. (98) Revisions to the Pennsylvania Regulations Chapter 129.91 submitted on January 6, 1995 by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Two letters both dated January 6, 1995 from the Pennsylvania Department of Environmental Resources transmitting source-specific VOC and/or NOx RACT determinations in the form of plan approvals and/or operating permits for the following sources: ESSROC Materials, Inc. (Northampton Co.)—cement manufacturer; Pennsylvania Power & Light—Brunner Island SES (York Co.)—utility, PPG Industries, Inc. (Cumberland Co.)—glass manufacturer; Stroehmann Bakeries, Inc. (Dauphin Co.)—bakery; GE Transportation Systems (Erie Co.)—utility; J.E. Baker/DBCA Refractory Facility (York Co.)—dolomitic refractory facility; Lafarge Corp. (Lehigh Co.)—cement manufacturer; West Penn Power Company—Armstrong Power Station (Armstrong Co.), utility. In addition, the plan approval for Plain n' Fancy Kitchens, Inc. (Lebanon Co., kitchen cabinet surface coating) containing provisions limiting this source as a synthetic minor source (below RACT threshold level of 50 TPY potential VOC emissions) is being approved. (B) Plan approvals (PA), Operating permits (OP): (1) ESSROC Materials, Inc.—PA 48–0004A, effective December 20, 1994, except conditions (7)(a), (7)(b), (7)(d), (8)(a), (8)(b), (8)(d), (10), (16) through (19) pertaining to particulate matter or SO2 requirements and condition (25)(d) and (e) pertaining to compliance date extensions, and the expiration date of the plan approval. (2) Pennsylvania Power & Light—Brunner Island SES—PA 67–2005, effective December 22, 1994, except condition 2.d. and e. pertaining to compliance date extensions, and the expiration date of the plan approval. (3) PPG Industries, Inc.—OP 21–2002, effective December 22, 1994, except the expiration date of the operating permit. (4) Stroehmann Bakeries, Inc.—PA 22–2003, effective December 22, 1994, except condition 9.d. and e. pertaining to compliance date extensions and the expiration date of the plan approval. (5) GE Transportation Systems—Erie—OP 25–025, effective December 21, 1994, except for condition 9 pertaining to pollutants other than VOC and NOX. (6) J.E. Baker/DBCA Refractory Facility—OP 67–2001, effective December 22, 1994, except the expiration date of the operating permit. (7) Lafarge Corp.—PA 39–0011A, effective December 23, 1994, except for condition (4)(d) and (e) pertaining to compliance date extensions, condition (8) pertaining to sulfur in fuel requirements, those in condition (9) not pertaining to VOC or NOX, and the expiration date of the plan approval, and OP 39–0011, effective December 23, 1994, except conditions (8), (9), and (13) through (15), pertaining to sulfur in fuel requirements, and the expiration date of the operating permit. (8) West Penn Power Company—Armstrong Power Station—PA 03–000–023, effective December 29, 1994, except for the expiration date of the plan approval and condition 5. pertaining to VOC and condition 9. pertaining to a facility-wide NOX cap, PA 03–306–004 (for unit 2), effective March 28, 1994, except for condition 12. (d) and (e), pertaining to compliance date extensions, and the expiration date of the plan approval, and PA 03–306–006 (for unit 1), effective November 22, 1994, except for condition 13. (d) and (e), pertaining to compliance date extensions, and the expiration date of the plan approval. (9) Plain n' Fancy Kitchens, Inc.—PA 38–318–019C, effective December 23, 1994, except for condition 2.d. and e., pertaining to compliance date extensions, and the expiration date of the plan approval. (99) Revisions to the Pennsylvania implementation plan for Allegheny County pertaining to the operation and maintenance of certain air pollution control devices at USX Corporation's Clairton Works submitted on April 26, 1995 by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of April 26, 1995 from Mr. James M. Seif, Secretary, Pennsylvania Department of Environmental Resources transmitting a SIP revision for Allegheny County regarding USX Corporation's Clairton Works. (B) Portions of an enforcement order and agreement entered into by and between the Allegheny County Health Department and USX Corporation on November 17, 1994 (Enforcement Order No. 200 Upon Consent). Specifically, the introductory section (pages 1–2), the section entitled, “I. Order” (pages 2–6), and attachments C and D to the enforcement order and agreement which list the relevant pollution control equipment. The Agreement was effective on November 17, 1994. (ii) Additional material. (A) Remainder of Pennsylvania's December 9, 1993 submittal. (100) Revisions to Article XX (Air Pollution Control) of the Allegheny County Health Department Rules and Regulations submitted on September 25, 1989 by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of September 25, 1989 from the Pennsylvania Department of Environmental Resources transmitting revisions to Article XX (Air Pollution Control) of the Allegheny County Health Department Rules and Regulations governing visible emissions. (B) Revision to Article XX, Section 401.B (Visible Emissions-Exclusion) and deletion of Article XX, Section 518 (Blast Furnace Slips), effective July 1, 1989. (ii) Additional material. (A) Remainder of September 25, 1989 State submittal pertaining to Article XX, Sections 401 and 518. (101) Revisions to the State Implementation Plan submitted by the Pennsylvania Department of Environmental Resources regarding RACT requirements for two Stroehmann Bakeries, Inc. facilities located in Lycoming and Bradford Counties, submitted on February 24, 1995. (i) Incorporation by reference. (A) Letter of February 24, 1995 from the Pennsylvania Department of Environmental Resources submitting a revision to the State Implementation Plan. (B) Plan Approval Nos. PA–41–0001 and PA–08–0001 and Operating Permit Nos. OP–41–0001A and OP–08–0001A, issued and effective February 9, 1995. (ii) Additional material. (A) Remainder of the State Implementation Plan revision request submitted by the Pennsylvania Department of Environmental Resources on February 24, 1995, pertaining to the Plan Approvals and Operating Permits listed above. (102) Revisions to the Pennsylvania Regulations Chapter 129.91 submitted on January 6, 1995, April 24, 1995 and May 31, 1995 by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Four letters, two dated January 6, 1995, one dated April 24, 1995, and one dated May 31, 1995, from the Pennsylvania Department of Environmental Resources transmitting source-specific VOC and/or NOx RACT determinations in the form of plan approvals and/or operating permits for the following sources: (1) PECO Energy—Eddystone (Delaware Co.)—utility, (2) Gilberton Power Company (Schuylkill Co.)—utility, (3) Bethlehem Steel Structural Products Corp. (Northampton Co.)—steel manufacturer, (4) Westwood Energy Properties, Inc. (Schuylkill Co.)—utility, (5) PECO Energy Co.—Front Street (Montgomery Co.)—utility, (6) Crawford Furniture Manufacturing Corp. (Clarion Co.)—furniture manufacturer, (7) Schuylkill Energy Resources (Schuylkill Co.)—cogeneration plant, (8) Panther Creek Partners (Carbon Co.)—utility, (9) Columbia Gas Transmission Co.—Milford (Pike Co.), (10) Texas Eastern Transmission Corp.—Entriken (Huntingdon Co.)—Natural gas pipeline compressor station, (11) Columbia Gas Transmission Corp.—Greencastle (Franklin Co.). In addition, the operating permit for Lord Corporation (Erie Co.), aerospace surface coating operation containing provisions limiting this source as a synthetic minor source (below RACT threshold level of 50 TPY potential VOC emissions) is being approved. (B) Plan approvals (PA), Operating permits (OP): (1) PECO Energy—Eddystone—PA 23–0017, effective December 28, 1994, except the expiration date of the plan approval, and OP 23–0017, effective December 28, 1994, except the expiration date of the operating permit and conditions 6.C.(1) through (7), 6.D.(1)(c), 7.C.(1) through (5), 7.D.(1)(a) and 8.D.(1)(a) pertaining to SO2 or PM10 requirements. (2) Gilberton Power Company—OP 54–0004, effective December 20, 1994, except the expiration date of the operating permit and condition 5 pertaining to SO2 and PM10 requirements. (3) Bethlehem Structural Products Corp.—OP 48–0010, effective December 20, 1994, except the expiration date of the operating permit, OP 48–0013, effective December 20, 1994, except the expiration date of the operating permit and condition (11)(d) through (f) pertaining to sulfur and metals, OP 48–0014, effective December 20, 1994, except the expiration date of the operating permit and conditions (8) and (9) pertaining to particulate matter, and OP 48–0015, effective December 20, 1994, except the expiration date of the operating permit and conditions (9) and (10) pertaining to visible emissions and particulate matter. (4) Westwood Energy Properties, Inc.—OP 54–0006, effective December 27, 1994, except the expiration date of the operating permit and the particulate and SO2 emission limitations in condition (5). (5) PECO Energy Company—Front Street—OP 46–0045, effective March 31, 1995, except the expiration date of the operating permit. (6) Crawford Furniture Manufacturing Corp.—OP 16–021, effective March 27, 1995. (7) Schuylkill Energy Resources—OP 54–0003, effective May 19, 1995, except the expiration date of the operating permit. (8) [Reserved] (9) Columbia Gas Transmission Company—Milford—OP 52–0001, effective May 19, 1995, except the expiration date of the operating permit. (10) Texas Eastern Transmission Corp.—OP 31–2003, effective May 16, 1995, except the expiration date of the operating permit. (11) Columbia Gas Transmission Corp.—Greencastle—OP 28–2003, effective April 21, 1995, except the expiration date of the operating permit. (12) Lord Corporation—OP 25–095, effective March 30, 1995. (103) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOx RACT and 1990 baseyear emissions inventory for one source, submitted on January 6, 1995, May 10, 1995, May 31, 1995, August 11, 1995 (as amended on November 15, 1995), October 24, 1995, and December 8, 1995 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection): (i) Incorporation by reference. (A) Nine letters: three dated January 6, 1995, and one each dated May 10, 1995, May 31, 1995, August 11, 1995, October 24, 1995, November 15, 1995, and December 8, 1995 from the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection) transmitting source specific VOC and/or NOx RACT determinations in the form of plan approvals or operating permits for the following sources: Tennessee Gas Pipeline Company—Station 313 (Potter Co.)—natural gas transmission and gas storage station; Corning Asahi Video Products Company (Centre Co.)—glass manufacturer; Columbia Gas Transmission Company—Easton station (Northampton Co.)—natural gas compressor station, (4) Texas Eastern Transmission Corporation—Bedford (Bedford Co.)—natural gas compressor station; Texas Eastern Transmission—Marietta (Lancaster Co.)—natural gas compressor station; Hercules Cement Company (Northampton Co.)—cement manufacturer; Lone Star Industries (Northampton Co.)—cement manufacturer; Pennsylvania Power and Light—Montour SES (Montour Co.)—utility; Pennsylvania Electric Company—Shawville (Clearfield Co.)—utility; Zinc Corporation of America—Monaca (Beaver Co.)—zinc smelting; Procter and Gamble Paper Products—Mehoopany (Wyoming Co.)—pulp and paper making facility. In addition, the operating permit for Columbia Gas Transmission Corporation—Union City (Erie Co.), a natural gas compressor station, containing provisions limiting this source as a synthetic minor source (below RACT threshold level of 100 tons per year of potential NOx emissions) is being approved. (B) Plan approvals (PA), Operating permits (OP): (1) Tennessee Gas Pipeline Company—Station 313—PA 53–0001, effective November 27, 1995, except the expiration date of the plan approval and the portion of condition #6 pertaining to CO emissions, OP 53–0001, effective November 27, 1995, except the expiration date of the operating permit, condition #21 pertaining to prevention of significant deterioration and the portions of condition #22 pertaining to CO emissions, and Compliance permit (CP) 53–0001, effective November 27, 1995, except the expiration date of the compliance permit. (2) Corning Asahi Video Products Company—OP 14–0003, effective December 27, 1994, except the expiration date of the operating permit, OP 14–309–010A, effective May 5, 1994, except the expiration date of the operating permit and condition #6 and 7, pertaining to particulate matter and arsenic, OP 14–309–009C, effective August 18, 1994, except the expiration date of the operating permit and conditions #12 and 14, pertaining to particulate matter and lead, and OP 14–309–037A, effective May 5, 1994, except the expiration date of the operating permit and conditions #10, 11, 12, and 15, pertaining to particulate matter, fluorides and arsenic. (3) Columbia Gas Transmission Company—Easton—OP 48–0001, effective May 19, 1995, except the expiration date of the operating permit and PA 48–0001A, effective May 19, 1995, except the expiration date of the plan approval. (4) Texas Eastern Transmission Corporation—Bedford—OP 05–2007, effective May 16, 1995, except the expiration date of the operating permit. (5) Texas Eastern Transmission Corporation—Marietta—PA 36–2025, effective May 16, 1995, except the expiration date of the plan approval and condition #2, pertaining to compliance date extensions. (6) Hercules Cement Company—PA 48–0005A, effective December 23, 1994, except the expiration date of the plan approval and condition #4, pertaining to compliance date extensions, and all the following conditions that do not pertain to VOC or NOX RACT: #10(a), (b) and (d), #11(a), (b) and (d), #12(a), (b) and (d), #13(a), (b) and (d), #14, #15, #21 through 24, #30, pertaining to compliance date extensions and OP 48–0005, effective December 23, 1994, except the expiration date of the operating permit and conditions #8 and 9, pertaining to particulate matter. (7) Lone Star Industries—OP 48–0007, effective December 20, 1994, except the expiration date of the operating permit. (8) Pennsylvania Power & Light—Montour SES—PA 47–0001A, effective December 27, 1994, except the expiration date of the plan approval and condition #14, pertaining to compliance date extensions and OP 47–0001, effective December 27, 1994, except the expiration date of the operating permit. (9) Pennsylvania Electric Company—Shawville—PA 17–0001, effective December 27, 1994, except the expiration date of the plan approval and condition #19, pertaining to compliance date extensions. (10) Zinc Corporation of America—Monaca—OP 04–000–044, effective December 29, 1994, except for the expiration date of the operating permit and those portions of conditions #8 and 9 pertaining to CO and PM10. (11) Procter and Gamble Paper Products Company—Mehoopany—OP 66–0001, effective December 20, 1994, except the expiration date of the operating permit and PA 66–0001A, effective December 20, 1994, except the expiration date of the plan approval and condition #4, pertaining to compliance date extensions, those portions of condition #5, pertaining to CO, SO2 or particulate matter, and condition #17, pertaining to odor. (12) Columbia Gas Transmission Corporation—Union City—OP 25–892, effective April 11, 1995 except the portion of condition #8, pertaining to compliance date extensions. (ii) Additional Material. (A) Remainder of January 6, 1995, May 10, 1995, May 31, 1995, August 11, 1995, October 24, 1995, and December 8, 1995 State submittals. (B) Additional clarifying material submitted by Pennsylvania: Letter dated July 18, 1995 from Matthew M. Williams, Air Pollution Control Engineer, Pennsylvania DEP, to Steve H. Finch, Vice President, Environmental Affairs, Columbia Gas Transmission Corporation, stating that the effective date of the Columbia Gas Transmission Corporation—Union City operating permit (OP 25–892) is April 11, 1995. (104) Revisions to the Pennsylvania Regulations Chapter 129.91 submitted on August 1, 1995 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Two letters, one dated August 1, 1995, from James Seif, Secretary of the Pennsylvania Department of Environmental Protection, transmitting source-specific VOC and/or NOX RACT determinations in the form of operating permits for the following sources: James River Corporation—Chambersburg (Franklin County)—printer. In addition, operating permits for the following sources containing provisions limiting these sources as “synthetic minor” sources (below RACT threshold level for VOC and/or NOX emissions) are being approved: Appleton Papers, Inc. (Cumberland County)—carbon paper producer; Air Products & Chemicals, Inc.—Trexlortown (Lehigh County)—gas production/storage facility; Elf Atochem North America, Inc. (Montgomery County)—chemical research & development firm; York City Sewer Authority—Manchester Township (York County)—waste water treatment facility; Glasgow, Inc.—Ivy Rock Plants 1 & 2 (Montgomery County)—asphalt production facility; Glasgow, Inc.—Catanach Plant (Chester County)—asphalt production facility; Glasgow, Inc.—Freeborn Asphalt Plant (Delaware County)—asphalt production facility. (B) One letter, dated November 15, 1995, from James Seif, Secretary of the Pennsylvania Department of Environmental Protection, transmitting source-specific VOC and/or NOX RACT determinations in the form of operating permits including the following source: Glasgow, Inc.—Spring House Plants 1 & 2 (Montgomery County)—asphalt production facility; (C) Operating permits (OP): (1) James River Corporation—OP 28–2006, effective June 14, 1995, except the expiration date of the operating permit. (2) Appleton Papers, Inc.—OP 21–2004, effective May 24, 1995, except the expiration date of the operating permit. (3) Air Products and Chemicals, Inc.—OP 39–0008, effective May 25, 1995, except the expiration date of the operating permit. (4) Elf Atochem North America, Inc.—OP 46–0022, effective June 27, 1995, except the expiration date of the operating permit. (5) York City Sewer Authority, Manchester Township—OP 67–2013, effective March 1, 1995, except the expiration date of the operating permit. (6) Glasgow, Inc., Ivy Rock Asphalt Plants 1 & 2—OP 46–0043, effective June 7, 1995, except for the expiration date of the operating permit. (7) Glasgow, Inc., Spring House Asphalt Plants 1 & 2—OP 46–0029, effective June 7, 1995, except for the expiration date of the operating permit. (8) Glasgow, Inc., Catanach Asphalt Plant—OP 15–0021, effective June 7, 1995, except for the expiration date of the operating permit. (9) Glasgow, Inc., Freeborn Asphalt Plant—OP 23–0026, effective June 7, 1995, except for the expiration date of the operating permit. (105) The carbon monoxide redesignation and maintenance plan for part of Philadelphia County submitted by the Pennsylvania Department of Environmental Protection on September 8, 1995 and October 30, 1995, as part of the Pennsylvania SIP. The 1990 base year CO emission inventory and projections are included in the maintenance plan. (i) Incorporation by reference. (A) Letters of September 8, 1995 and October 30, 1995 from the Pennsylvania Department of Environmental Protection requesting the redesignation and submitting the maintenance plan. (B) Maintenance Plan for the Philadelphia Carbon Monoxide Nonattainment Area adopted on October 16, 1995. (ii) Additional Material. (A) Remainder of September 8, 1995 and October 30, 1995 State submittal. (106) Revisions to the Pennsylvania Regulations, Chapter 129.82 pertaining to Stage II Vapor Recovery and the associated definition of gasoline dispensing facilities originally submitted on March 4, 1992 and supplemented on October 26, 1995 by the Pennsylvania Department of Environmental Protection (formerly known as the Department of Environmental Resources): (i) Incorporation by reference. (A) Letter of October 26, 1995 from the Pennsylvania Department of Environmental Protection transmitting sections 6.7 (b), (c), (h) and section 17(2) of the Pennsylvania Air Pollution Control Act as amended on June 29, 1992. (B) Sections 6.7 (b), (c), (h), and section 17(2) of the Pennsylvania Air Pollution Control Act, amended June 29, 1992 and effective on July 9, 1992. (107) Revisions to the Pennsylvania Regulations, Chapter 127 by the Pennsylvania Department of Environmental Protection (i) Incorporation by reference. (A) Letter of February 4, 1994 from the Pennsylvania Department of Environmental Protection transmitting revisions to the New Source Review Provisions. (B) Revisions to the following Pennsylvania Department of Environmental Quality Regulations, effective January 15, 1994: (1) Addition of Chapter 127, Subchapter E, New Source Review, Sections 127.201 through 127.217 inclusive, effective January 15, 1994. (2) Deletion of Chapter 127, Subchapter C, Sections 127.61 through 127.73. (ii) Additional materials consisting of the remainder of the February 4, 1994 State submittal pertaining to Chapter 127, Subchapter E. (108) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on January 6, 1995, July 5, 1995, July 31, 1995, August 1, 1995, September 20, 1995, November 22, 1995, and March 18, 1996 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection): (i) Incorporation by reference. (A) Seven letters, dated January 6, 1995, July 5, 1995, July 31, 1995, August 1, 1995, September 20, 1995, November 22, 1995, and March 18, 1996 from the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection) transmitting source specific VOC and/or NOX RACT determinations in the form of plan approvals or operating permits for the following sources: U.G.I. Utilities, Inc. (Luzerne Co.)—utility, Solar Turbines (York Co.)—cogeneration facility, Columbia Gas Transmission—Renovo Compressor Station (Clinton Co.)—natural gas compressor station, National Fuel Gas Supply Corporation—East Fork Compressor Station (Potter Co.)—natural gas compressor station, York Resource Energy Systems, Inc. (York Co.)—municipal waste combustion facility, W.R. Grace & Co.—Formpac Division (Berks Co.)—expandable polystyrene blowing facility, CNG Transmission—Cherry Tree Station (Indiana Co.)—natural gas transmission station, EPC Power Corporation of Bethlehem (Delaware Co.)—Crozer Chester Cogeneration Plant, C-P Converters, Inc. (York Co.)—flexographic printing operation, Fisher Scientific Co. International—Instrument Manufacturing Division (Indiana Co.). In addition, the permits containing provisions limiting source emissions to synthetic minor sources levels (below RACT threshold level of 100 tons per year or 25 TPY of potential NOX emissions and 50 TPY or 25 TPY for potential VOC emissions) are being approved for three sources: Adelphi Kitchens, Inc.—Robesonia factory (Berks Co.)—wood furniture coating operation, Birchcraft Kitchens, Inc.—Reading factory (Berks Co.)—wood furniture coating operation, and Glasgow, Inc.—Bridgeport Asphalt Plant (Montgomery Co.)—asphalt plant. (B) Plan approvals (PA), Operating permits (OP), Compliance permit (CP): (1) U.G.I. Utilities, Inc.—OP 40–0005, effective December 20, 1994 and PA 40–0005A, effective December 20, 1994, except the expiration date of the plan approval and conditions # 18, 19, and 20 pertaining to non-VOC or NOX emissions and ash and waste oil requirements. (2) Solar Turbines—PA 67–2009, effective August 17, 1995, except the expiration date of the plan approval and CP 67–2009, effective August 17, 1995, except the expiration date of the compliance permit. (3) Columbia Gas Transmission—Renovo Compressor Station—OP 18–0001, effective July 18, 1995, except the expiration date of the operating permit and condition #8, pertaining to compliance date extensions and PA 18–0001, effective July 18, 1995, except the expiration date of the plan approval and condition #14, pertaining to compliance date extensions. (4) National Fuel Gas Supply Corporation—East Fork Compressor Station—OP 53–0007, effective July 17, 1995, except the expiration date of the operating permit, including the corrections to condition #6 and 13 (from a letter dated July 31, 1995) and PA 53–0007A, effective July 17, 1995, except the expiration date of the plan approval. (5) York Resource Energy Systems, Inc.—PA 67–2006, effective August 25, 1995, except the expiration date of the plan approval and the non-VOC or non-NOX elements in conditions #4, 8, 9, 10 12, 18, and 19. (6) W.R. Grace & Co.—Formpac Division—PA 06–1036, effective May 12, 1995, except the expiration date of the plan approval and condition #10 (d) and (e) pertaining to compliance date extensions and PA 06–315–001, effective June 4, 1992, except the expiration date of the plan approval. (7) CNG Transmission Corporation—Cherry Tree Station—PA 32–000–303, effective July 5, 1995, except the expiration date of the plan approval, the elements in condition #6 pertaining to carbon monoxide, and condition #16 D. and E. pertaining to compliance date extensions. (8) EPC Power Corporation of Bethlehem—Crozer Chester Cogeneration plant—OP 23–0007, effective June 8, 1995, except the expiration date of the operating permit. (9) C-P Converters, Inc.—OP 67–2030, effective August 30, 1995, except the expiration date of the operating permit. (10) Fisher Scientific—Instrument Manufacturing Division—OP 32–000–100, effective July 18, 1995, except the expiration date of the operating permit. (11) Adelphi Kitchens, Inc.—Robesonia factory—OP 06–1001, effective April 4, 1995, except the expiration date of the operating permit. (12) Birchcraft Kitchens, Inc.—Reading factory—OP 06–1005, effective April 4, 1995, except the expiration date of the operating permit. (13) Glasgow, Inc.—Bridgeport Asphalt Plant—OP 46–0044, effective June 7, 1995, except the expiration date of the operating permit. (ii) Additional material. (A) Remainder of January 6, 1995, July 5, 1995, August 1, 1995, September 20, 1995, State submittals. (B) Revision to the Pennsylvania SIP dated March 18, 1996, submitted by the Pennsylvania Department of Environmental Protection, pertaining to the 1990 emission inventory for General Glass—Jeannette, Westmoreland County. (109) [Reserved] (110) Revisions to the Operating Permit, Plan Approval and Sampling and Testing Program Regulations submitted on May 18, 1995 by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of May 15, 1995 from the Pennsylvania Department of Environmental Resources transmitting Pennsylvania's Title V operating permit, plan approval, and State operating permit programs. (B) Revisions to the definition of “Potential to emit” and addition of the following definitions in Title 25, Chapter 121, Section 121.1, effective on November 26, 1994: “Air pollution”, “Applicable requirements”, “Compliance docket”, “Compliance review form”, “Deviation”, “Documented conduct”, “Federally enforceable emissions cap”, “General plan approval”, “General operating permit”, “Minor operating permit modification”, “Performance standard”, “Related party”, “Renewal”, “Research and development facility”, “Responsible official”, “Title V facility”, “Title V permit”, and “Title V regulated air pollutant.” (C) The following amendments to Title 25, Chapter 127, effective on November 26, 1994: §127.1, 127.3, 127.11 through 127.14, 127.25, 127.32, 127.35, 127.36, 127.44, 127.45, 127.47, 127.49 through 127.51, 127.401 through 127.404, 127.411 through 127.414, 127.421 through 127.431, 127.441 through 127.450, 127.461 through 127.464, 127.701 through 127.703, and 127.707. (D) The following amendments to Title 25, Chapter 139, effective on November 26, 1994: §139.4, 139.5, 139.12, 139.13, 139.14, 139.32, 139.101 through 139.104, and 139.108. (ii) Additional material. (A) Remainder of May 18, 1995 State submittal. (111) Revisions to the Operating Permit and Plan Approval Regulations to add Subchapter H, “General Plan Approvals and Operating Permits”, submitted on May 18, 1995 by the Pennsylvania Department of Environmental Resources: (i) Incorporation by reference. (A) Letter of May 15, 1995 from the Pennsylvania Department of Environmental Resources transmitting Pennsylvania's general plan approval and general operating permit programs. (B) The following amendments to Title 25, Chapter 127, effective on November 26, 1994: §127.601, 127.611, 127.612, 127.621, and 127.622. (ii) Additional material. (A) Remainder of Pennsylvania's May 18, 1995 submittal. (112) Revisions to the Pennsylvania Regulations—Philadelphia Lead Implementation Plan—submitted on September 30, 1994, by the Commonwealth of Pennsylvania: (i) Incorporation by reference. (A) Letter of September 30, 1994 from the Pennsylvania Department of Environmental Resources transmitting a revision to the Philadelphia portion of the Pennsylvania State Implementation Plan for lead. (B) Licenses to operate (permits) effective September 21, 1994, for: (1) Franklin Smelting and Refining Corporation; (2) MDC Industries, Inc.; and (3) Anzon, Inc. (ii) Additional information. Remainder of September 30, 1994 submittal. (113) Revisions to the Pennsylvania Regulations, Chapter 129.93 pertaining to VOC and NOX RACT, submitted on August 1, 1995, December 8, 1995, June 10, 1996, and September 13, 1996, by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection): (i) Incorporation by reference. (A) Four letters, dated August 1, 1995, December 8, 1995, June 10, 1996, and September 13, 1996, from the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection) transmitting source-specific VOC and/or NOX RACT determinations for Caparo Steel Company (Mercer Co.)—steel mill, Sharon Steel Company (Mercer Co.)—steel mill, and Pennsylvania Electric Company (Penelec)—Williamsburg Station (Blair Co.)—utility. (B) Plan approval (PA) and Operating permit (OP): (1) Caparo Steel Company—OP 43–285, effective November 3, 1995, except condition #9 pertaining to non-NOX and non-VOC pollutants. (2) Sharon Steel Company—PA 43–017, effective November 3, 1995, except condition #9 pertaining to non-NOX and non-VOC pollutants. (ii) Additional material. (A) Remainder of August 1, 1995, December 8, 1995, June 10, 1996, and September 13, 1996, State submittals pertaining to Caparo Steel Company, Sharon Steel Company, and Pennsylvania Electric Company (Penelec)—Williamsburg Station. (114) Revisions to the Pennsylvania Regulations Chapter 129.91 through 129.95 pertaining to VOC and NOX RACT, submitted on August 1, 1995, September 20, 1995, December 8, 1995 and September 13, 1996 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Four letters dated August 1, 1995, September 20, 1995, December 8, 1995 and September 13, 1996 from the Pennsylvania Department of Environmental Protection transmitting three source-specific RACT determinations; two of which involve operating permits and one (Mercersburg Tanning Company) which does not involve any type of permit. The three sources are: (1) DMi Furniture, Inc. (Adams County)—wood furniture manufacturer. (2) R. R. Donnelley & Sons Company, West Plant (Lancaster County)—printing facility. (3) Mercersburg Tanning Company (Franklin County)—leather coating facility. (B) Operating Permits (OP): (1) DMi Furniture, Inc.—OP #01–2001, effective June 13, 1995, except for the expiration date of the operating permit. (2) R.R. Donnelley & Sons Company, West Plant—OP #36–2026, effective July 14, 1995, except for the expiration date of the operating permit and the parts of conditions 5, 9b & 20 pertaining to Hazardous Air Pollutants (HAP's). (ii) Additional material. (A) Remainder of August 1, 1995, September 20, 1995, December 8, 1995 and September 13, 1996 State submittals pertaining to DMi Furniture, Inc, R. R. Donnelley & Sons—West Plant, and Mercersburg Tanning Company. (115) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on January 6, 1995 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) One letter dated January 6, 1995 from the Pennsylvania Department of Environmental Protection transmitting source specific VOC and/or NOX RACT determinations in the form of plan approvals or operating permits for International Paper Company—Hammermill Papers Division—Lockhaven. (B) Operating permit (OP): (1) International Paper Company—Hammermill Papers Division—Lockhaven—OP 18–0005, effective December 27, 1994, except the expiration date of the operating permit. (116) [Reserved] (117) Revisions to the Pennsylvania Regulations Chapter 129.91 through 129.95 pertaining to VOC and NOX RACT, submitted on August 1, 1995 (amended March 20, 1997), June 10, 1996, and September 13, 1996 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Three letters dated August 1, 1995, June 10, 1996, and September 13, 1996 from the Pennsylvania Department of Environmental Protection transmitting three source-specific RACT determinations; two of which involve plan approvals and one which involves an operating permit. One letter dated March 20, 1997 amending the August 1, 1995 submittal pertaining to NOX RACT for AT&T Corporation. The three sources are: (1) AT&T Corporation (Berks County)—electronics components manufacturer. (2) Garden State Tanning, Inc. (Berks County)—leather coating facility. (3) The Glidden Company (Berks County)—paint manufacturing facility. (B) Plan Approvals (PA), Operating Permits (OP): (1) AT&T Corporation—PA #06–1003, effective June 26, 1995, except for the expiration date of the plan approval, all conditions pertaining to NOX RACT determination, and conditions 18d & 18e pertaining to temporary operation regarding compliance extension and expiration date of the plan approval. (2) Garden State Tanning, Inc.—PA #06–1014, effective June 21, 1995, except for the expiration date of the plan approval, conditions 20, 21, 24, and 25 pertaining to visual/malodorous emissions, sulfur content, and water flow rates, and conditions 27d & 27e pertaining to temporary operation regarding compliance extension and expiration date of the plan approval. (3) The Glidden Company—OP #06–1035, effective February 15, 1996, except for the expiration date of the operating permit, conditions 13, 14, and 16, pertaining to operating permit renewal, sulfur content, and visual/malodorous emissions. (ii) Additional material. (A) Remainder of August 1, 1995 (amended March 20, 1997), June 10, 1996 and September 13, 1996 State submittals pertaining to AT&T Corporation, Garden State Tanning, Inc., and The Glidden Company. (118) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on March 27, 1995, November 15, 1995 and May 2, 1996 by the Pennsylvania Department of Environmental Resources (now know as the Pennsylvania Department of Environmental Protection): (i) Incorporation by reference. (A) Four letters, dated March 27, 1995, November 15, 1995, May 2, 1996 and September 13, 1996, from the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations in the form of plan approvals, operating permits or a compliance permit for the following sources: (1) Maier's Bakery, Inc. (Reading Plant, Berks County)—bakery; (2) Morgan Corporation (Morgantown Plant, Berks County)—heavy duty truck manufacturer; (3) Allentown Cement Company (Maidencreek Township, Berks County)—cement manufacturer; (4) Quaker Maid (Ontelaunee Township, Berks County)—manufacturer of kitchen cabinets; (5) Brentwood Industries, Inc. (Reading, Berks County)—manufacturer of plastic products; (6) Metropolitan Edison Company (Cumru Township, Berks County)—electric generation station; (7) ICI Fluoropolymers (Caln Township, Chester County)—manufacturer of free flow polytetrafluoro-ethylene (PTFE); (8) Synthetic Thread Company (City of Bethlehem, Lehigh County)—manufacturer of coated nylon and polyester thread; and (9) Bird-In-Hand Woodworks, Inc. (East Hempfield Township, Lancaster County)—manufacturer of wood furniture for children. (B) Plan approvals (PA), Operating Permits (OP) and a Compliance Permit: (1) Maier's Bakery, Inc.—PA 06–1023, effective September 20, 1995, except for the expiration date of the plan approval. (2) Morgan Corporation—OP 06–1025, effective August 31, 1995, except the expiration date of the operating permit. (3) Allentown Cement Company, Inc.—PA 06–1002, effective October 11, 1995, except for conditions #17, #20, #21 and #30 pertaining to non-NOX and non-VOC pollutants and the expiration date of the plan approval. (4) Quaker Maid—OP 06–1028, effective October 27, 1995, except the expiration date of the operating permit. (5) Brentwood Industries, Inc.—PA 06–1006, effective February 12, 1996, except for the expiration date of the plan approval. (6) Metropolitan Edison Company—PA 06–1024, effective March 9, 1995, except the expiration date of the plan approval and condition #13 pertaining to non-NOX and non-VOC pollutant. (7) ICI Fluoropolymers—PA 15–0009 and CP 15–0009, effective October 3, 1995, except the expiration date of the plan approval and the compliance permit. (8) Synthetic Thread Company—PA 39–0007A, effective August 10, 1995, except the expiration date of the plan approval. (9) Bird-In-Hand Woodworks, Inc.—OP 36–2022, effective September 27, 1995, except for the expiration date of the operating permit. (ii) Additional material. (A) Remainder of March 27, 1995, November 15, 1995 and May 2, 1996 State submittals. (119) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on January 10, 1996 and September 13, 1996 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection): (i) Incorporation by reference. (A) Two letters submitted by the Pennsylvania Department of Environmental Resources (now, the Pennsylvania Department of Environmental Protection) transmitting source-specific VOC and/or NOX RACT determinations in the form of operating permits on the following dates: January 10, 1996 and September 13, 1996. (B) Operating permits (OP): (1) Heinz Pet Products, Columbia County, OP–19–0003, effective November 27, 1995, except for the expiration date of the operating permit and conditions No. 15 through No. 24 pertaining to non-VOC and non-NOX pollutants. (2) Graco Children's Products, Inc., Chester County, OP–15–0006, effective November 30, 1995, except for the expiration date of the operating permit. (ii) Additional material. (A) Remainder of the Commonwealth of Pennsylvania's January 10, 1996 and September 13, 1996 submittals. (120) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on January 21, 1997, January 28, 1997, and May 31, 1995 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection): (i) Incorporation by reference. (A) Four letters, dated January 21, 1997, January 28, 1997, May 31, 1995 and September 13, 1996, from the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations in the form of operating permits, a plan approval and a compliance permit for the following sources: (1) Texas Eastern Transmission Corporation (Bernville, Berks County)—natural gas compressor station; (2) Texas Eastern Transmission Corporation (Bechtelsville, Berks County)—natural gas compressor; (3) Carpenter Technology Corporation (Reading/Muhlenberg Township, Berks County)—steel manufacturer; and (4) North American Fluoropolymers Company (Ontelanunee, Berks County)—manufacturer of teflon crumbs. (B) Operating Permits (OP), Plan Approval (PA) and Compliance Permit (CP): (1) Texas Eastern Transmission Corporation (Bernville)—(OP–06–1033) effective January 31, 1997, except for the expiration date of the operating permit. (2) Texas Eastern Transmission Corporation (Bechtelsville)—(OP–06–1034) effective January 31, 1997, except for the expiration date of the operating permit. (3) Carpenter Technology Corporation—(OP–06–1007), effective September 27, 1996, except for those portions of conditions Nos. 28 through 41 and Nos. 43 through 54 pertaining to non-VOC and non-NOX pollutants and the expiration date of the operating permit. (4) North American Fluoropolymers Company—(PA–06–1026) and (CP–06–1026), effective April 19, 1995, except for the expiration dates of the plan approval and the compliance permit. (ii) Additional material. (A) Remainder of the Commonwealth of Pennsylvania's January 21, 1997, January 27, 1997, and May 31, 1995 submittals. (B) Additional material submitted by Pennsylvania: Letter dated March 25, 1997 from Mr. James Salvaggio, Director, Bureau of Air Quality Control, Pennsylvania Department of Environmental Resources to Mr. Thomas Maslany, Director, Air, Radiation and Toxics Division, EPA Region III providing clarifying information related to the Carpenter Technology Corporation operating permit and the North American Fluoropolymers Company plan approval. (121) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on December 8, 1995, February 20, 1996, March 21, 1996, April 16, 1996, and September 13, 1996 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection): (i) Incorporation by reference. (A) Five letters submitted by the Pennsylvania Department of Environmental Resources (now, the Pennsylvania Department of Environmental Protection) transmitting source-specific VOC and/or NOX RACT determinations in the form of plan approvals or operating permits on the following dates: December 8, 1995, February 20, 1996, March 21, 1996, April 16, 1996, and September 13, 1996. (B) Plan approvals (PA), Operating permits (OP), Compliance permits (CP): (1) CNG Transmission Corporation—Ellisburg, Potter County, OP–53–0004, effective February 29, 1996, except for the expiration date of the operating permit; PA–53–0004A effective February 29, 1996, except for the expiration date of the plan approval; and CP–53–0004A except for the expiration date, except for item #6 regarding future compliance extensions. (2) CNG Transmission Corporation—Greenlick Compressor Station, Potter County, PA–53–0003A, effective December 18, 1995, except for the plan approval expiration date, except for the portion of item #3 regarding carbon monoxide (CO) emissions increases, except the portion of item #4 regarding CO emission limitations; OP–53–0003, effective December 18, 1995 except for the operating permit expiration date; and CP–53–0003A, except for the expiration date of the compliance permit, except for item #6 regarding future compliance extensions. (3) CNG Transmission Corporation—Crayne Station, Greene County, OP 30–000–089, effective December 22, 1995 except for the expiration date of the operating permit, except for the portion of item #4 regarding CO emission limitations, except for item #9 regarding emission limitation revisions. (4) CNG Transmission Corporation—State Line Station, Potter County, OP–53–0008, effective January 10, 1996 except for the expiration date of the operating permit, except for the portions of item #22 regarding CO emission limitations. (5) CNG Transmission Corporation—Big Run, Jefferson County, PA 33–147, effective June 27, 1995, except for item #9 regarding emission limitation revisions. (ii) Additional material. (A) Remainder of the Commonwealth of Pennsylvania's December 8, 1995, February 20, 1996, March 21, 1996, April 16, 1996, and September 13, 1996 submittals pertaining to the RACT determinations for the five sources listed in (i) above. (122) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on August 1, 1995, December 8, 1995, and September 13, 1996 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection): (i) Incorporation by reference. (A) Three letters submitted by the Pennsylvania Department of Environmental Resources (now, the Pennsylvania Department of Environmental Protection) transmitting source-specific VOC and/or NOX RACT determinations in the form of operating permits on the following dates: August 1, 1995, December 8, 1995, and September 13, 1996. (B) Operating Permits (OP): (1) Medusa Cement Company, Lawrence County—OP 37–013, effective July 27, 1995, except for item No. 9 relating to future emission limitations. (2) Keystone Cement Company, Northampton County—OP 48–0003, effective May 25, 1995, except for the expiration date and item No. 7 relating to future emission limitations. (3) Lehigh Portland Cement Company, York County—OP 67–2024, effective May 26, 1995, except for the expiration date and item No. 7 relating to future emission limitations. (4) Mercer Lime and Stone Company, Butler County—OP 10–023, effective May 31, 1995, except for item No. 6 relating to future emission limitations. (5) Con-Lime, Inc., Centre County—OP 14–0001, effective June 30, 1995, except for the expiration date and item No. 8 relating to future emission limitations and items (or portions thereof) Nos. 17, 18, 20, 22, 24, 25, and 26 relating to non-VOC or non-NOX provisions. (ii) Additional material. (A) Remainder of the Commonwealth of Pennsylvania's August 1, 1995, December 8, 1995, and September 13, 1996 submittals. (123) The ten-year ozone maintenance plan for the Reading, Pennsylvania area (Berks County) submitted by the Pennsylvania Department of Environmental Protection on January 28, 1997: (i) Incorporation by reference. (A) Letter of January 28, 1997 from the Pennsylvania Department of Environmental Protection transmitting the ten-year ozone maintenance plan and 1990 base year emission inventories for the Reading area. (B) The ten-year ozone maintenance plan for the Reading area, including emission projections, control measures to maintain attainment and contingency measures, adopted on February 3, 1997. (ii) Additional material. (A) Remainder of January 28, 1997 Commonwealth submittal pertaining to the maintenance plan for the Reading area. (124) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on December 8, 1995 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection): (i) Incorporation by reference. (A) Two letters, dated December 8, 1995 and September 13, 1996, from the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations in the form of one plan approval for the following source: Pennzoil Products Company (Rouseville, Venango County)—petroleum refinery. (B) Plan Approval (PA): (1) Pennzoil Products Company (Rouseville)—(PA–61–016) effective September 8, 1995, except for condition Nos. 9 pertaining to non-VOC and non-NOX pollutants and expiration date of the plan approval. (ii) Additional material. (A) Remainder of the Commonwealth of Pennsylvania's December 8, 1995 submittal. (B) Additional material submitted by Pennsylvania dated May 23, 1997, providing clarifying information related to Pennzoil Products Company plan approval. (125) Revisions to the Pennsylvania Regulations Chapter 129.91 through 129.95 pertaining to VOC and NOX RACT, submitted on September 20, 1995 (amended April 16, 1997), August 15, 1996, and September 13, 1996 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Three letters dated September 20, 1995, August 15, 1996, and September 13, 1996 from the Pennsylvania Department of Environmental Protection transmitting one source-specific RACT determination and 1990 baseyear VOC emissions inventory change for R.R. Donnelley & Sons Company (East Plant). One letter dated April 16, 1997 amending the September 20, 1995 submittal. The source is R.R. Donnelley & Sons Company, East Plant (Lancaster County)—printing facility. (B) Operating Permits (OP): (1) R.R. Donnelley & Sons Company, East Plant—OP #36–2027, effective July 14, 1995, except for the expiration date of the operating permit, all conditions pertaining to NOX RACT determination, and the parts of conditions 8, 12b & 23 pertaining to Hazardous Air Pollutants (HAP's). (ii) Additional Material. Remainder of September 20, 1995, August 15, 1996, and September 13, 1996 State submittals pertaining to R.R. Donnelley & Sons—East Plant. (126) Revisions to the Pennsylvania State Implementation Plan on June 12, 1997 by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) A letter of June 12, 1997 from the Pennsylvania Department of Environmental Protection transmitting the General Conformity Rule. (B) 25 Pa. Code Chapter 127, §§127.801 and 127.802—General Conformity Rule, effective November 9, 1996. (ii) Additional material from the Pennsylvania's June 12, 1997 submittal pertaining to 25 Pa. Code Chapter 127. (127) Revisions to the Pennsylvania Regulations, Chapter 121.1—Definitions, submitted on February 4, 1994 by the Pennsylvania Department of Environmental Protection (formerly Pennsylvania Department of Environmental Resources) and effective on January 15, 1994. (i) Incorporation by reference. (A) Letter dated February 4, 1994 from the Pennsylvania Department of Environmental Protection transmitting the definitions in Chapter 121 relating to the Pennsylvania VOC and NOx RACT regulation (Chapter 129.91 through 129.95) and new source review regulation (Chapter 127). (B) Title 25 Pennsylvania Code, Chapter 121.1—definitions, effective January 15, 1994. (128) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to NOX RACT, submitted on September 13, 1996 and January 21, 1997 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection). (i) Incorporation by reference. (A) Two letters submitted by the Pennsylvania Department of Environmental Resources (now, the Pennsylvania Department of Environmental Protection) transmitting source-specific NOX RACT determinations in the form of an operating permit on the following dates: September 13, 1996 and January 21, 1997. (B) Operating permit (OP). Panther Creek Energy Facility, Carbon County, OP # 13–0003, effective date of December 2, 1996, except for condition # 7 pertaining to particulate, PM–10, SO2, CO and VOC emission limits, condition # 10 pertaining to particulate emissions, condition # 11 pertaining to opacity, condition # 12 pertaining to the Standards of Performance for New Stationary Sources and the expiration date. (ii) Additional material. (A) Remainder of the Commonwealth of Pennsylvania's September 13, 1996 and January 21, 1997 submittals. (129) Limited approval of revisions to the Pennsylvania Regulations, Chapter 129.91 through 129.95, pertaining to VOC and NOX RACT submitted on February 4, 1994 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection): (i) Incorporation by reference. (A) Letter of February 4, 1994 from the Pennsylvania Department of Enviromental Resources transmitting Pennsylvania VOC and NOX RACT regulations, Chapter 129.91 through 129.95. (B) Pennsylvania Reasonably Available Control Technology Requirements for Major Stationary Sources of Volatile Organic Compounds and Oxides of Nitrogen regulation, Chapter 129.91 through 129.95, effective on January 15, 1994, except for Chapter 129.93(b)(4). (C) Letter of May 3, 1994 from the Pennsylvania Department of Environmental Resources amending the Pennsylvania regulation, Chapter 129.93 (b)(4). (D) Pennsylvania Reasonably Available Control Technology Requirements for Major Stationary Sources of Volatile Organic Compounds and Oxides of Nitrogen regulation, Chapter 129.93 (b)(4), effective April 23, 1994. (E) Letter for September 18, 1995 from the Pennsylvania Department of Environmental Protection amending Pennsylvania's February 4, 1994 submittal to EPA by withdrawing Chapter 129.93(c)(6) and (7) from EPA consideration. (ii) Additional material. (A) Remainder of February 4, 1994 State submittal. (B) Letter of September 23, 1996 from Pennsylvania Department of Environmental Protection agreeing to meet certain conditions by no later than 12 months after the publication of the final conditional rulemaking. These conditions are: (1) Pennsylvania certify that it has submitted case-by-case RACT proposals for all sources subject to the RACT requirements (including those subject to 25 Pa. Code section 129.93(b)(1)) currently known to PADEP; or (2) Demonstrate that the emissions from any remaining subject sources represent a de minimis level of emissions, as defined in the final rulemaking. (130) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on December 31, 1997 by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) A December 31, 1997 letter submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations in the form of operating and compliance permits. (B) Operating permits (OP), compliance permits (CP): (1) Allegro MicroSystems W.G., Inc. (Montgomery County)—OP 46–0006, effective December 19, 1997, except for the expiration date and items Nos. 9, 13 and 14(D) relating to non-RACT provisions. (2) Hale Products, Inc. (Montgomery County)—OP 46–0057, effective November 21, 1997, except for the expiration date. (3) Con-Lime, Inc. (Centre County)—OP 14–0001, effective January 7, 1998, except for the expiration date and items (or portions thereof) Nos. 8, 9, 17, 18, 19, 20, 21, 22, 24, 25, and 28 relating to non-RACT provisions. (4) Coastal Aluminum Rolling Mills, Inc. (Lycoming County)—OP 41–0007, effective November 21, 1997, except for the expiration date and items (or portions thereof) Nos. 9, 20, and 28 relating to non-RACT provisions. (5) International Envelope Company (Chester County)—OP 15–0023, effective November 2, 1995, except for the expiration date. (6) Brown Printing Company (Montgomery County)—CP 46–0018, effective September 26, 1996, except for the expiration date. (ii) Additional material. (A) Remainder of the Commonwealth of Pennsylvania's December 31, 1997 VOC and NOX RACT SIP revision submittal. (131) Revisions to the Pennsylvania Regulations governing gasoline volatility requirements submitted on December 3, 1997 and April 17, 1998 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letters dated December 3, 1997 and April 17, 1998 from the Pennsylvania Department of Environmental Protection transmitting the low RVP gasoline volatility requirements for the Pittsburgh-Beaver Valley ozone nonattainment area. (B) Revisions to 25 Pa Code, Chapters 121, 126, 139 pertaining to Gasoline Volatility Requirements, effective November 1, 1997. (1) Revisions to section 121.1—definitions of compliant fuel, distributor, Importer, Low RVP gasoline, Pittsburgh-Beaver Valley Area, RVP-Reid Vapor Pressure. (2) Addition of sections 126.301(a) through (c), 126.302 except for portions relating to RFG of (a)(6), and 126.303 (a). (3) Addition of paragraphs 139.4(18) and (19) pertaining to sampling procedures for Reid Vapor Pressure and gasoline volatility. (ii) Additional Material—Remainder of December 3, 1997 State submittal pertaining to the use of low RVP gasoline. (132) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC RACT, submitted on April 16, 1996 and March 24, 1998 by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Two (2) letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC RACT determinations in the form of operating permits on the following dates: April 16, 1996 and March 24, 1998. (B) Operating permits (OP): (1) The Fibre-Metal Products Company (Delaware County), OP 23–0025, effective February 20, 1998, except for the expiration date and conditions Nos. 16 and 17 relating to non-RACT provisions. (2) Finnaren & Haley, Inc. (Montgomery County), OP 46–0070, effective March 5, 1998, except for the expiration date and conditions Nos. 13 and 15 relating to non-RACT provisions. (3) Fres-co System USA, Inc. (Bucks County), OP 09–0027, effective March 5, 1998, except for the expiration date and conditions No. 22 relating to non-RACT provisions. (4) Graphic Packaging Corporation (Chester County), OP 15–0013, effective February 28, 1998, except for the expiration date and conditions Nos. 19 and 20 relating to non-RACT provisions. (5) Montour Oil Service Company (Lycoming County), OP 41–0013, effective March 19, 1998, except for the expiration date and conditions Nos. 7 and 9 relating to non-RACT provisions. (6) Atlantic Refining and Marketing Corporation (Northumberland County), OP 49–0015, effective March 19, 1998, except for the expiration date and conditions Nos. 8 and 10 relating to non-RACT provisions. (7) Transwall Corporation (Chester County) OP 15–0025, effective march 10, 1998, except for the expiration date and conditions Nos. 15, 19, and 21 relating to non-RACT provisions. (8) Tavo Packaging, Inc. (Bucks County), OP 09–0008, effective November 8, 1995, except for the expiration date and condition No.7 relating to non-RACT provisions. (ii) Additional material. (A) Remainder of the Commonwealth of Pennsylvania's April 16, 1996 and March 24, 1998 VOC and NOX RACT SIP submittals for the relevant sources. (B) Additional clarifying material submitted by Pennsylvania: Letter dated March 24, 1998 from James M. Seif, Secretary, Pennsylvania Department of Environmental Protection providing additional information on Tavo Packaging, Inc. (133) Revisions to the Pennsylvania State Implementation Plan consisting of Source-Specific Control Measures and a Revised Episode Plan for USX Clairton in the Liberty Borough PM–10 Nonattainment Area, submitted on October 30, 1997 by the Pennsylvania Department of Environmental Protection: (I) Incorporation by reference. (A) Letter of October 30, 1997 from the Pennsylvania Department of Environmental Protection transmitting a SIP revision for source specific control measures for USX Clairton located in the Liberty Borough PM–10 nonattainment area of Allegheny County. (B) Revisions to Allegheny County's Article XXI applicable to USX's Clairton Coke Works, effective August 15, 1997, specifically: (1) Revisions to section 2104.02 limiting particulate matter emission from Boiler #1, requiring specific improvements to coal handling at Secondary Pulverizer #2, and requiring the operation of a mist eliminator at the Keystone cooling tower. (2) Revisions to section 2105.21 requiring the installation of “big plug” doors on most coke ovens by January 1, 2000. (3) The adoption of section 2106.05 requiring a source-specific “self audit emergency action plan.” (ii) Additional Material—Remainder of the October 30, 1997 State submittal. (134) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on February 20, May 2, and September 13, 1996 by the Pennsylvania Department of Environmental Resources (now known as the Pennsylvania Department of Environmental Protection). (i) Incorporation by reference. (A) Three (3) letters submitted by the Pennsylvania Department of Environmental Resources (now, the Pennsylvania Department of Environmental Protection) transmitting source-specific VOC and/or NOX RACT determinations in the form of plan approvals, operating permits or compliance permits on the following dates: February 20, May 2, and September 13, 1996. (B) Plan Approvals (PA), Operating Permits (OP), Compliance Permits (CP): (1) CNG Transmission Corporation—Harrison, Potter County, PA 53–0005A, effective April 16, 1996, except for the plan approval expiration date and item (or portions thereof) Nos. 4, 9, and 20 relating to non-RACT provisions; OP 53–0005, effective April 16, 1996, except for the operating permit expiration date and item No. 23 relating to non-RACT provisions; and CP 53–0005A effective April 16, 1996. (2) CNG Transmission Corporation—Leidy, Clinton County, PA 18–0004A, effective March 25, 1996, except for the plan approval expiration date and item No. 11 relating to non-RACT provisions; OP 18–0004, effective February 29, 1996, except for the operating permit expiration date and item Nos. 14, 25 and 28 relating to non-RACT provisions; and CP 18–0004A effective March 25, 1996. (3) CNG Transmission Corporation—Sabinsville, Tioga County, PA 59–0002A, effective December 18, 1995, except for the plan approval expiration date and item (or portions thereof) Nos. 3, 4, 5 and 10 relating to non-RACT provisions; OP 59–0002, effective December 18, 1995, except for the operating permit expiration date and item No. 15 relating to non-RACT provisions, and CP 59–0002A effective December 18, 1995. (4) CNG Transmission Corporation—Tioga, Tioga County, OP 59–0006, effective January 16, 1996, except for the operating permit expiration date and item (or portions thereof) Nos. 9, 21, 24 and 28 relating to non-RACT provisions. (ii) Additional Material. (A) Remainder of the Commonwealth of Pennsylvania's February 20, May 2, and September 13, 1996 VOC and NOX RACT SIP submittals for the relevant sources. (135) Revisions to the Pennsylvania State Implementation Plan consisting of contingency measures for USX Clairton in the Liberty Borough PM–10 Nonattainment Area, submitted on July 12, 1995 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of July 12, 1995 from the Pennsylvania Department of Environmental Protection transmitting a SIP revision for contingency control measures for USX Clairton Works located in Liberty Borough PM–10 nonattainment area of Allegheny County. (B) Revision to Allegheny County's Article XXI applicable to USX's Clairton Coke Works, effective July 11, 1995 specifically: (1) Revisions to section 2105.21.e included in Appendix 34 which require improved procedures to capture pushing emissions for all USX-Clairton batteries except Battery B. (ii) Additional Material—Remainder of the July 12, 1995 submittal. (136) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on April 20, May 29, and July 24, 1998, by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Three letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations in the form of plan approvals or operating permits on the following dates: April 20, May 29, and July 24, 1998. (B) Plan approvals (PA), Operating permits (OP): (1) Eldorado Properties Corporation, Northumberland County, OP 49–0016, effective May 1, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 7, 8, 9, and 10 relating to non-RACT provisions. (2) Endura Products, Inc., Bucks County, OP 09–0028, effective May 13, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 11A and 15 through 21 relating to non-RACT provisions. (3) Ford Electronics & Refrigeration Company, Montgomery County, OP 46–0036 , effective April 30, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 11 through 18, 20, and 22 through 26 relating to non-RACT provisions. (4) H & N Packaging, Inc., Bucks County, OP 09–0038, effective June 8, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 4, 7, 8, and 11 through 20 relating to non-RACT provisions. (5) Lancaster County Solid Waste Management Authority, Lancaster County, PA 36–2013, effective June 3, 1998; except for the plan approval expiration date and item (or portions thereof) Nos. 3 through 9, 11 through 24, 27 through 37, and 39 relating to non-RACT provisions. (6) Monsey Products Company, Chester County, OP 15–0031, effective June 4, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 9 through 24 relating to non-RACT provisions. (7) Ortho-McNeil Pharmaceutical, Montgomery County, OP 46–0027, effective June 4, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 4, 9, and 13 through 20 relating to non-RACT provisions. (8) Piccari Press, Inc, Bucks County, OP 09–0040, effective April 29, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 14, 15, 17, and 19 through 22 relating to non-RACT provisions. (9) Pierce and Stevens Corporation, Chester County, OP 15–0011, effective March 27, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 11 through 15 relating to non-RACT provisions. (10) PQ Corporation, Delaware County, OP 23–0016, effective June 16, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 8, 13, and 15 through 19 relating to non-RACT provisions. (11) Reynolds Metals Company, Chester County, OP 15–0004, effective May 8, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 4, 5, 14, 15, 17 through 42, and 44 through 48 relating to non-RACT provisions. (12) Rhone-Poulenc Rorer Pharmaceutical, Inc, Montgomery County, OP 46–0048B, effective April 2, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 11 through 42 relating to non-RACT provisions. (13) Superior Tube Company, Montgomery County, OP 46–0020, effective April 17, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 17 through 25 relating to non-RACT provisions. (14) Uniform Tubes Inc., Montgomery County, OP 46–0046A, effective March 26, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 16, 17, and 19 through 24 relating to non-RACT provisions. (15) U.S. Air Force—Willow Grove Air Reserve Station, Montgomery County, OP 46–0072, effective May 1, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 11 through 15 relating to non-RACT provisions. (16) U.S. Navy—Willow Grove Naval Air Station Joint Reserve Base, Montgomery County, OP 46–0079, effective May 4, 1998; except for the operating permit expiration date and item (or portions thereof) Nos. 11, 12, 15 through 26, and 28 through 33 relating to non-RACT provisions. (ii) Additional Material. (A) Remainder of the Commonwealth of Pennsylvania's April 20, May 29, and July 24, 1998 submittals VOC and NOX RACT SIP submittals. (137) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on May 31, 1995, November 15, 1995, March 21, 1996 and September 13, 1996 by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Four letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations in the form of plan approvals, operating or compliance permits on the following dates: May 31, 1995, November 15, 1995, September 13, 1996 and March 21, 1996. (B) Plan approvals (PA), Operating permits (OP), Compliance Permits (CP): (1) Columbia Gas Transmission Corporation—Artemas Compressor Station, Bedford County, PA O5–2006, effective April 19, 1995; except for the plan approval expiration date and item (or portions thereof) Nos. 4 and 13 relating to non-RACT provisions. (2) Columbia Gas Transmission Corporation—Donegal Compressor Station, Washington County, PA 63–000–631, effective July 10, 1995; except for the plan approval expiration date and item (or portions thereof) Nos. 9 and 20 relating to non-RACT provisions. (3) Columbia Gas Transmission Corporation—Gettysburg Compressor Station, Adam County, OP 01–2003, effective April 21, 1995; except for the operating permit expiration date and item (or portions thereof) No. 13 relating to non-RACT provisions. (4) Columbia Gas Transmission Corporation—Eagle Compressor Station, Chester County, OP 15–022, effective February 1, 1996; except for the operating permit expiration date and item (or portions thereof) Nos. 9 and 10 relating to non-RACT provisions. (5) Columbia Gas Transmission Corporation—Downingtown Compressor Station, Chester County, CP–15–0020, effective September 15, 1995; except for the compliance permit expiration date and item (or portions thereof) Nos. 2 and 6 relating to non-RACT provisions. (ii) Additional Material—Remainder of the Commonwealth of Pennsylvania's May 31, 1995, November 15, 1995, March 21, 1996 and September 13, 1996 VOC and NOX RACT SIP submittals. (138) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC RACT, submitted on December 8, 1995, September 13, 1996, October 18, 1996, July 24, 1998, and October 2, 1998 by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Five (5) letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC determinations in the form of operating permits on the following dates: December 8, 1995, September 13, 1996, October 18, 1996, July 24, 1998, and October 2, 1998. (B) Operating permits (OP): (1) GKN Sinter Metals, Inc. (Cameron County), OP–12–0002, effective September 30, 1998, except for the expiration date and conditions Nos. 14–20 relating to non-RACT provisions. (2) Springs Window Fashions Division, Inc. (Lycoming County), OP–41–0014, effective September 29, 1998, except for the expiration date and conditions Nos. 9–10 relating to non-RACT provisions. (3) Cabinet Industries, Inc. (Montour County), OP–47–0005, effective September 21, 1998, except for the expiration date and conditions Nos. 5–8 relating to non-RACT provisions. (4) Centennial Printing Corp. (Montgomery County), OP–46–0068, effective October 31, 1996, as revised on May 11, 1998 except for the expiration date and conditions Nos. 13–15 and 17–20 pertaining to non-RACT provisions. (5) Strick Corporation (Montour County), OP–47–0002, effective August 28, 1996, except for the expiration date and conditions Nos. 10–11 and 21–22 relating to non-RACT provisions. (6) Handy and Harmon Tube Co. (Montgomery County), OP–46–0016 effective September 25, 1995, except for the expiration dates and conditions No. 11 relating to non-RACT provisions. (ii) Additional Materials—Remainder of the Commonwealth of Pennsylvania's September 13, 1996, December 18, 1996, October 18, 1996, July 24, 1998 and October 2, 1998 submittals pertaining to the VOC RACT requirements for GKN Sinter Metals, Inc. (Cameron County), Springs Window Fashions Division, Inc. (Lycoming County), Cabinet Industries Inc. (Montour County), Centennial Printing Corp., Strick Corporation (Montour County), and Handy and Harmon Tubing Co. (Montgomery County). (139) Revisions to the Pennsylvania State Implementation Plan adopting an enhanced motor vehicle inspection and maintenance (I/M) program, submitted on March 22, 1996, and formal amendments submitted by the Secretary of the Pennsylvania Department of Environmental Protection on June 27, 1996; July 29, 1996; November 1, 1996; October 22, 1997; November 13, 1997; February 24, 1998; August 21, 1998; November 25, 1998; and March 3, 1999. (i) Incorporation by reference. (A) Letter of November 13, 1997 from the Secretary of the Pennsylvania Department of Environmental Protection transmitting regulations for an enhanced motor vehicle inspection and maintenance program. (B) Pennsylvania Department of Transportation Enhanced Motor Vehicle Inspection and Maintenance (I/M) Program regulations (contained in Title 67 of the PA Code), effective September 27, 1997. (1) A definition for “temporary inspection approval indicator”, added to section 175.2. (2) Section 175.11 (3) Paragraph (f)(4) of section 175.29 (4) Paragraphs (a), (b), (c), and (d) of section 175.41. Paragraph (b)(3) of section 175.41. Subparagraphs (d)(2)(ii) and (d)(2)(iii), and paragraphs (e)(5) and (f)(4) of section 175.41. (5) Sections 175.42, 175.43, 175.44, and 175.45. (6) Sections 177.1, 177.2, 177.3, 177.21, 177.22, 177.23, 177.24, 177.51, 177.52, 177.53, 177.101, 177.102, 177.103, 177.104, 177.105, 177.106. (7) Sections 177.201, 177.202, 177.203, 177.204, 177.231, 177.233, 177.251, 177.252, 177.253, 177.271, 177.272, 177.273, 177.274, 177.281, 177.282, 177.291, 177.292, 177.301, 177.302, 177.304, and 177.305. (8) Sections 177.401, 177.402, 177.403, 177.404, 177.405, 177.406, 177.407, 177.408, 177.421, 177.422, 177.423, 177.424, 177.425, 177.426, 177.427, and 177.431. (9) Sections 177.501, 177.502, 177.503, 177.504, and 177.521. (10) Sections 177.602, 177.603, 177.605, 177.606, 177.651, 177.652, 177.671, 177.672, 177.673, and 177.691. (11) Appendix A to Title 67 of the Pennsylvania Code. (12) Appendix B to Title 67 of the Pennsylvania Code. (ii)Additional Material—Remainder of Submittals. The Commonwealth submitted materials in support of its enhanced motor vehicle inspection and maintenance (I/M) program regulation. These materials were submitted in formal SIP revisions dated: March 27, 1996; July 29, 1996; November 1, 1996; November 13, 1997; February 24, 1998; August 21, 1998; November 25, 1998; and March 3, 1999, and include: (A) Submittal submitted under a letter dated March 22, 1996, from the Secretary of the Pennsylvania Department of Environmental Protection. (B) Materials submitted under a letter dated June 27, 1996, from the Secretary of the Department of Environmental Protection. (C) Materials submitted under a letter of July 29, 1996, from the Secretary of the Department of Environmental Protection. (D) Materials submitted under a letter of November 1, 1996, from the Secretary of the Department of Environmental Protection. (E) Materials submitted under a letter of October 27, 1997, from the Secretary of the Department of Environmental Protection. (F) Materials submitted under a letter of February 24, 1998, from the Secretary of the Department of Environmental Protection. (G) Documents submitted by a letter dated August 21, 1998, from the Secretary of the Department of Environmental Protection. (H) Materials submitted by the Secretary of the Department of Environmental Protection, in a letter dated November 25, 1998, and amended by a letter dated March 3, 1999. (140) [Reserved] (141) Revisions to the Pennsylvania Regulations for a Clean Vehicles Program regulation submitted on January 8, 1999 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of January 8, 1999 from the Department of Environmental Protection transmitting the National Low Emission Vehicles Program, and a Pennsylvania Clean Vehicles Program as a “backstop” to the National Low Emissions Vehicle Program. (B) Amendments to Chapter 121 of Title 21 of the Pennsylvania Code, effective on December 5, 1998, to include definitions for the following terms: CARB, CARB Executive Order, California Code of Regulations, Dealer, Debit, Emergency Vehicle, Fleet Average, GVWR, LDT, LDV, Model Year, Motor Vehicle, Motor Vehicle Manufacturer, NLEV, NLEV Program, NMOG, New Motor Vehicle / New Light-Duty Vehicle, Offset Vehicle, Passenger Car, Ultimate Purchaser, Zero-Emission Vehicle (C) Amendments to Chapter 126 of Title 21 of the Pennsylvania Code, effective December 5, 1998, to add new sections: 126.401, 126.402, 126.411, 126.412, 126.413, 126.421, 126.422, 126.423, 126.424, 126.425, 126.431, 126.432, and 126.441. (ii) Additional Material.—Remainder of January 8, 1999 submittal pertaining to the National Low Emissions Vehicle Program and the Pennsylvania Clean Vehicles Program. (142) Revisions to the Pennsylvania Regulations for an oxygenated gasoline program submitted on September 13, 1995 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 13, 1995 from the Pennsylvania Department of Environmental Protection transmitting the oxygenated gasoline regulation as a SIP revision. (B) Revisions to 25 PA Code Chapter 121, General Provisions , section 121.1 Definitions, the additions of section 126.101 General, section 126.102 Sampling and testing, section 126.103 Recordkeeping and reporting and section 126.104 Labeling requirements to 25 PA Code Chapter 126 and the removal of section 126.1 Oxygenate content of gasoline from 25 PA Code Chapter 126. These revisions became effective August 19, 1995. (ii) Additional Material.—Remainder of September 13, 1995 submittal. (143) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted by the Pennsylvania Department of Environmental Protection on September 20, 1995, December 8, 1995, January 10, 1996, March 21, 1996, April 16, 1996, May 2, 1996, June 10, 1996, September 13, 1996, January 21, 1997, July 2, 1997, November 4, 1997, December 31, 1997, March 24, 1998, April 20, 1998, May 29, 1998, July 24, 1998, December 7, 1998, February 2, 1999, March 3, 1999, April 9, 1999, and April 20, 1999. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals, operating permits, or compliance permits, or supplementary information, on the following dates: September 20, 1995, December 8, 1995, January 10, 1996, March 21, 1996, April 16, 1996, May 2, 1996, June 10, 1996, September 13, 1996, January 21, 1997, July 2, 1997, November 4, 1997, December 31, 1997, March 24, 1998, April 20, 1998, May 29, 1998, July 24, 1998, December 7, 1998, February 2, 1999, March 3, 1999, April 9, 1999, and April 20, 1999. (B) Plan approvals (PA), Operating permits (OP), and Compliance Permits (CP): (1) Boeing Company, Defense and Space Group, Helicopters Division, CP–23–0009, issued 09/03/1997, except for the expiration date, the requirements of Conditions 5.B, 6.C, 7.C, 8.C, 9.D, 10.B, and 11.B, and any of their associated recordkeeping and reporting requirements. (2) Delaware County Regional Water Quality Control Authority's Western Regional Treatment Plant (DELCORA WRTP), OP–23–0032, issued 03/12/1997, as revised on 05/16/1997, except for the expiration date and the requirements of Conditions 9, 12, 14, 15, 16, and any associated recordkeeping and reporting requirements. (3) Delbar Products, Inc., OP–09–0025, issued 02/01/96, except for the expiration date and the requirements of Conditions 3, 4, 5, 6.A, 6.B, 6.C.1, 6.C.2, 8 and 9. (4) Department of Public Welfare's Norristown State Hospital, OP–46–0060, issued 01/21/1998, except for the expiration date and Conditions 3, 4, 5, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24. (5) Dopaco, Inc., CP–15–0029, issued 03/06/1996, except for the expiration date and the requirements of Conditions 4, 5, 6, 7, 8, 9, 10.C, 10.D, 10.H.3, 10.H.4, 11, 12, 13, 14, 15, 16, and 17. (6) Garlock, Inc., PA–09–0035, issued 03/12/1997, except for the expiration date and Conditions 2, 10, 13, 15.B-F. (7) Interstate Brands Corporation, PLID 5811, effective 04/10/1995, except for Conditions 1.A(1), (2), (4) and (5), 2.B, 2.C, 7, 8, and 9. (Note: Interstate Brands Corporation acquired this facility through purchase of Continental Baking Company, which was the owner of the facility when the RACT permit was issued. Accordingly, Continental Baking Company is shown as the facility owner on the permit.) (8) J.B. Slevin Company, Inc., OP–23–0013, issued 09/03/1996, except for the expiration date and the requirements of Conditions 4, 5.A. and 8, 9, and 10. (9) Laclede Steel Company, OP–09–0023, issued 7/17/1995, except for the expiration date and requirements of Conditions 3 and 7. (10) LNP Engineering Plastics, Inc., OP–15–0035, issued 10/31/97, except for the expiration date, Conditions 3, 4, 5, 6, 7 (as it relates to non-criteria pollutants), 10 (as it relates to keeping records required to show compliance with Condition 5), 12, 15, 16, and 21. (11) Lukens Steel Company, OP–15–0010, issued 05/06/1999, except for the expiration date, Conditions 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 34. Permit Condition 3 lists units subject to RACT requirements. All of the listed units are subject to VOC RACT requirements, but only the C and D electric arc furnaces, the Drever Furnace, the NAB Furnaces, the nine batch heat treatment furnaces, the EMS boiler, the Soaking Pits and the ZIP line process are subject to NOX RACT requirements. (12) Nabisco Biscuit Co., PLID 3201, effective 04/10/1995, except for Conditions 1.A(1), 1.A(3), 1.A(4), 1.A(5), 1.A(6), 2.B, 2.C, 7, 8, and 9. (13) PECO Energy Company, Croydon Station, OP–09–0016A, issued 12/20/1996, except for the expiration date, Conditions 4, 5, 7(C), 7(D), 7(E) and 10. (14) PECO Energy Company, Limerick Station, OP–46–0038, issued 7/25/1995, except for the expiration date, Conditions 4, 5, 8(B), 9(B), 10(A)(3), 10(C), and 11. (15) PECO Energy Company, Fairless Works, OP–09–0066, issued 12/31/1998, as revised on 04/06/1999, except for the expiration date, Conditions 4, 5, 6, 7, and 8, the portion of Condition 10 pertaining to sulfur content of fuel oil, the provision of Condition 11 (B) pertaining to annual NOX emissions, the provisions in 11(C) regarding landfill gas and Condition No. 15. (16) PECO Energy Company, West Conshohocken Plant, OP–46–0045A, issued 12/04/1997, except for the expiration date and the provisions of Conditions 3B, 3C, 3D, 4, 5, 6(B)(2), 7, 8, 9D, 9E, and 9F. (17) Pennsylvania Electric Company (owner) and GPU Generation, Inc. (operator), Front Street Plant, 25–0041, issued 02/25/1999, except for Conditions 7, 8, 9, and 10. (18) American Inks and Coatings Corporation, OP 15–0026A, issued 01/10/1997, except for the expiration date, all ton per year limitations, and Conditions 3, 4, 5, 7(A), 8(A), 8(C), 9, 11, 12, 13, and 14. (19) Avery Dennison Corporation (Fasson Roll Division), OP 09–0001A, issued 10/02/1997, except for the expiration date, Conditions 3, 4, 5, 7, 8, 9(A)1, 9(A)2, 9(A)3, 9(A)4, 9(A)5, 9(A)7, 9(A)8, 9(A)9, 9(B), 9(C), 9(D), 10, 11, 12, 13, and 14. (20) Cabot Performance Materials, OP 46–0037, issued 04/13/1999, except for the expiration date and Conditions 4, 5, 6, 7, 8, 9, 15(b), 15(c), 16, 17, 18, 19, 20, 21, 22, 23, and 24. (21) Cleveland Steel Container Corporation, OP 09–0022, issued 09/30/1996, except for the expiration date, and the allowable ton-VOC/year limits in Condition 4, and Conditions 3, 6, and 8. (22) CMS Gilbreth Packaging Systems, OP 09–0036, issued 01/07/1997, except for the expiration date and Conditions 3, 4, 19, 20, 21, 22, 23, 24, 25, 26, and 27. (23) CMS Gilbreth Packaging Systems, OP 09–0037, issued 04/10/1997, except for the expiration date, Conditions 3, 4, 22, 23, 24, 25, 26, 27, 28, and 29. (24) Congoleum Corporation, OP 23–0021, issued 12/31/1998, except for the expiration date and Conditions 3, 4, 5(A), 5(B), 5(D), 5(E), 6, 7(a), 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26. (25) Epsilon Products Company, OP 23–0012, issued 02/15/1996, except for the expiration date and Conditions 3, 4(B), 4(C), 7, 9, 10, 12, 13, 14, and 15. (26) Foamex International, Inc., OP 23–0006A, issued 09/30/1996, as revised on 3/30/1999, except for the expiration date and Conditions 3, 4, 5, 8, 9, 10, 11, 12, 13, and 14. (27) Forms, Inc., Spectra Graphics, OP 46–0023, issued 11/09/1995, as revised on 03/25/1998, except for the expiration date, Conditions 4, the VOC lbs/hr limits in Condition 5 for both the heatset and nonheatset press materials, 6, 7, 9, 11 and 12. (28) Global Packaging, Inc., OP 46–0026, issued 08/30/1996, as revised on 12/24/1997, except for the expiration date, Conditions 3, 4, 5, 6, the nitrogen oxide limits in Condition 7(B), 10, and 11. (Note: Pennsylvania issued the revised permit to Global Packaging, Inc. Global Packaging, Inc. acquired this facility through purchase of BG Packaging, Inc., which had owned the facility when the original RACT permit was issued. Accordingly, BG Packaging, Inc. is shown as the facility owner on the original permit.) (29) Jefferson Smurfit Corporation (U.S.), OP 46–0041, issued 04/18/1997, except for the expiration date, Conditions 3, 4, 5, 15(B), 16, 17, 18, 19, 20, 21, and 22 and the record keeping and monitoring requirements of Condition No. 15(A) associated with Condition 4. (30) Jefferson Smurfit Corporation, OP 46–0062, issued 07/15/1996, except for the expiration date and Conditions 3 and 5(F). (31) Lonza, Inc., OP 46–0025, issued 04/22/1997, as revised on 06/16/1998, except for the expiration date, Conditions 3, 6, 7, 8, 9, 10, 11, 12, 13(B), 13(D) and 13(E). (32) Markel Corporation, OP 46–0081, issued 04/09/1999, except for the expiration date and Conditions 3, 4, 5, 11, 19, 20, 21, 22, 23, 24, 25, 26, and 27. (33) McCorquodale Security Cards, Inc., OP 15–0037, issued 09/03/1996, except for the expiration date and Conditions 3, 4, 5, 6, 7, 8, 9, 11, 15, 16, and 17. (34) Mike-Rich, Inc., OP 09–0021, issued 12/20/1996, except for the expiration date, Conditions 3, 4, 5, 7, and the general conditions listed in Condition 8. (35) Minnesota Mining and Manufacturing Co. (3M), CP 09–0005, issued 08/08/1996, except for the expiration date and Conditions 4, 5, 6, 7, 8, 9, 10, 11(C), 12 (C), 12(D), 13(A), 13(C), 13(D), 14, 15, 16, 17, 18, 19, 20, 21, and 22. (36) MM Biogas Power LLC, OP 46–0067, issued 10/31/1997, except for the expiration date and Conditions 3, 4, 7, 9 (as it pertains to the Superior engine), 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21. (37) Norwood Industries, Inc., OP 15–0014A, issued 12/20/1996, as revised on 12/02/1999, except for the expiration date, Conditions 3, 4, 5, 6(A), 6(B), 6(C), 6(D)1, 6(D)2, 6(D)3, 6(D)5, 6(E), 6(F)1, 6(F)2, 6(F)3, 6(F)5, 6(F)6, 6(G), 7, 8(A), 8(C), 8(D), 8(F), 8(G), 8(H), 8(I), and 9. (38) NVF Company, OP 15–0030, issued 04/13/1999, except for the expiration date and Conditions 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27. (39) Occidental Chemical Corporation, OP 46–0015, issued 11/07/1996, except for the expiration date and Conditions 4, 5, 6(A), the capacity factor in 6(B), 6(E), 7, 8(A), 8(C), 8(D)1, 8(D)2a, 8(D)2b, 8(D)2c, 8(D)2d, 8(D)5, 8(E), 9, 10, 11(B), 12. (40) Philadelphia Newspapers, Incorporated, OP 46–0012, issued 08/30/1996, as revised on 03/15/2000, except for the expiration date, and Conditions 3, 4(A), 5, 9, and 11. (41) Procter & Gamble Paper Products Company, OP 66–0001, issued 04/04/1997, except for the expiration date, and Conditions 3, 4, 6, 7, 8, 9, 10, 11, 14, 15, 17, 18, 19, 20, 21, and 22. (42) Quebecor Printing Atglen, Inc., OP 15–0002, issued 12/10/1996 except for the expiration date and Conditions 3, 4(A) except as it relates to cleaning solvents, 4(B), 4(C), 5, 6, 7, 8(A), 8(B) and 8(D). (43) Sartomer Company, Inc., OP 15–0015, issued 01/17/1996, as revised on 03/25/1998, except for the expiration date and Conditions 3, 4, 5, 8, 13, 14, 15(A), and 16. (44) Silberline Manufacturing Company, Inc., OP 54–0041, issued 04/19/1999, except for the expiration date and Conditions 3, 4, 5, 6, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21. (45) SmithKline Beecham Research Company, OP 46–0031, issued 10/31/1997, as revised on 05/01/1998, except for the expiration date and Conditions 3, 4, 5(a) as it pertains to the Cleaver Brooks boiler rated at 31.4 MMbtu/hr., 6(b), and 6(c). (46) Sullivan Graphics, Inc., OP 67–2023, issued 08/22/1995, except for the expiration date and Conditions 4, 5, 9(c), 9(d), 10, 19, 20, and 24. (47) Sun Company, Inc. (R&M), OP 23–0010, issued 10/31/1996, except for the expiration date and Conditions 3, 4, 6, 7, 8 and 10. (48) Sun Company, Inc. (R&M), OP 23–0011, issued 10/31/1996, except for the expiration date and Conditions 3, 4, 6 and 8. (49) Universal Packaging Corporation, OP 46–0156, issued 04/08/1999, except for the expiration date, and Conditions 3, 4, 5, 9 and 11. (50) Zenith Products Corporation, OP 23–0008, issued 04/07/1997, except for the expiration date, and Conditions 4, 6, 7, 8(A), 8(B), 9(B), 10, 11, and 12. (51) Budd Company, PLID 51–1564, effective 12/28/1995, except for Conditions 7, 8 and 9. (52) Bellevue Cogeneration Plant, PLID 06513, effective 4/10/1995, except for Conditions 1.A(2), 2.B, 4.B, 7, 8 and 9. (53) MSC Pre Finish Metals, Inc., OP–09–0030, issued 11/7/1996, as revised on 03/31/1998, except for the expiration date and Conditions 3, 4, 5, 6.A, 6.B.1, 6.B.5, 6.B.9, 6.C, 6.D.1 (a, b, and e), 8.A, 8.B, 9, 10.E, and 11. (54) Temple University, Health Sciences Center, PLID 8906, effective 5/27/1995, excluding Conditions 1.A(2), 2.B, 6, 7, and 8. (55) Trigen—Schuylkill Station, PLID 04942, effective 5/29/1995, except for Conditions related to low NOX burners found at 1.B(1) and 2(A), the provision in Condition 3.A(1) limiting NOX emissions to 1646 tons per year, 4 (B), 7, 8, and 9. (56) Trigen—Edison Station, PLID 4902, effective 5/29/1995, excluding portions of Condition 3.A.(1) limiting NOX emissions in tons per year and Conditions 7, 8, and 9. (C) Letters from the Pennsylvania Department of Environmental Protection, dated 09/21/2000, and 10/20/2000, in which Pennsylvania provided supplementary information regarding many of the permits listed in i(B) above, and in which Pennsylvania specified the permit conditions, listed in i(B) above, which it did not wish to have incorporated into the Pennsylvania State Implementation Plan. (144) [Reserved] (145) Revisions to the Pennsylvania State Implementation Plan adopting the Nitrogen Oxides Allowance Requirements submitted on December 19, 1997 and December 27, 1999 by the Secretary of the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of December 19, 1997 from the Secretary of the Pennsylvania Department of the Environmental Protection transmitting the Nitrogen Oxides Allowance Requirements. (B) Letter of December 27, 1999 from the Secretary of the Pennsylvania Department of the Environmental Protection transmitting the Nitrogen Oxides Allowance Requirements. (C) Revisions to 25 PA Code, Chapters 121 and 123 pertaining to Nitrogen Oxides Allowance Requirements, effective November 1, 1997. (1) Revisions to section 121.1—definitions of: account, account number, acquiring account, compliance account, electric generating facility, fossil fuel, fossil fuel fired, general account, heat input, indirect heat exchange combustion unit, maximum heat input capacity, NATS-NOX allowance tracking system, NETS-NOX emissions tracking system, NOX allocation, NOX allowance, NOX allowance CEMS-NOX allowance continuous emission monitoring system, NOX allowance control period, NOX allowance curtailment, NOX allowance deduction, NOX allowance transfer, NOX allowance transfer deadline, NOX budget, NOX budget administrator, OTC MOU-ozone transport commission memorandum of understanding, replacement source. (2) Addition of sections 123.101 through 123.120, except for section 123.115. (D) Revisions to 25 PA Code, Chapters 121 and 123 pertaining to Nitrogen Oxides Allowance Requirements, effective March 11, 2000. (1) Revisions to section 121.1—definition of NOX affected source. (2) Addition of section 123.115 and Appendix E. (ii) Additional material. (A) Nitrogen Oxide (NOX) Memorandum of Understanding Implementation Plan of December 9, 1997. (B) Letter of March 31, 2000 from the Director of the Pennsylvania Department of the Environmental Protection amending the Chapter 123 NOX Allowance Program. (146) [Reserved] (147) Revisions to the Pennsylvania Regulations pertaining to certain VOC regulations submitted on March 6, 2000 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of March 6, 2000 from the Pennsylvania Department of Environmental Protection transmitting the revisions to VOC regulations. (B) Addition of the term “less water” to 25 PA Code Chapter 129, Standard for Sources, at section 129.67(b)(2) Graphic Arts Systems; addition of paragraph (h) to 25 PA Code Chapter 129, Standard for Sources, at section 129.56, Storage Tanks Less than 40,000 Gallons Capacity Containing VOCs; and revisions to 25 PA Code Chapter 128 to remove section 128.14, pertaining to the Minnesota Mining and Manufacturing Company, Bristol, Pennsylvania. These revisions became effective on September 5, 1998. (ii) Additional Material.—Remainder of March 6, 2000 submittal. (148) Revisions to the Pennsylvania Regulations pertaining to certain VOC regulations submitted on March 6, 2000 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of March 6, 2000 from the Pennsylvania Department of Environmental Protection transmitting the revisions to VOC regulations. (B) Addition of definitions to 25 PA Code Chapter 121, General Provisions, at section 121.1 Definitions; addition of new section to 25 PA Code Chapter 129, Standards For Sources, section 129.75, Mobile Equipment Repair and Refinishing. These revisions became effective on November 27, 1999. (ii) Additional material. (A) Remainder of the March 6, 2000 submittal. (149) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT, submitted on August 1, 1995, November 15, 1995, December 8, 1995, January 10, 1996, February 20, 1996, April 16, 1996, May 2, 1996, September 13, 1996, October 18, 1996, January 21, 1997, May 29, 1998, April 9, 1999, April 20, 1999, October 26, 1999 and May 1, 2000. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals, operating permits, or compliance permits, or supplementary information, on the following dates: On August 1, 1995, November 15, 1995, December 8, 1995, January 10, 1996, February 20, 1996, April 16, 1996, May 2, 1996, September 13, 1996, October 18, 1996, January 21, 1997, May 29, 1998, April 9, 1999, April 20, 1999, October 26, 1999 and May 1, 2000. (B) Plan approvals (PA) or Operating permits (OP): (1) Advanced Glassfiber Yarns LLC, Huntingdon County, OP–31–02002, effective April 13, 1999, except for the expiration date and condition 3. (2) Armstrong World Industries, Inc., Beech Creek, Clinton County, OP–18–0002, effective July 6, 1995, except for the expiration date and conditions 3, 4, 5, 7, 10, and 17 through 20 inclusive. (3) Bemis Company, Inc., Luzerne County, OP–40–0007A, effective October 10, 1995, except for the expiration date and conditions 11 through 14 inclusive. (4) Brentwood Industries Inc., Berks County, PA–06–1006A, effective June 3, 1999, except for the expiration date and conditions 4 and 14. (5) CertainTeed Corporation, Mountaintop, Luzerne County, OP–40–0010, effective May 31, 1996, except for the expiration date and conditions 6 through 11 inclusive. (6) CNG Transmission Corp., Ardell Station, Elk County. OP 24–120, effective September 30, 1995, except for the expiration date and conditions 3, 6, and 8 through 11 inclusive. (7) CNG Transmission Corporation, Finnnefrock Station, Clinton County, PA–18–0003A, effective February 29, 1996, except for the expiration date and conditions 6, 7, and 9 through 19 inclusive. (8) Consol Pennsylvania Coal Company, Bailey Prep Plant, Greene County, OP–30–000–072, effective March 23, 1999, except for the expiration date and conditions 11 through 14 inclusive. (9) Consolidated Rail Corporation (CONRAIL), Hollidaysburg Car Shop, Blair County, OP–07–2002, effective August 29, 1995, except for the expiration date and conditions 3, 5, 6, 11 and 12. (10) Consolidated Rail Corporation (CONRAIL), Juniata Locomotive Shop, Blair County, OP–07–2003, effective August 29, 1995, except for the expiration date and conditions 3, 5, 7, 8, and 9. (11) Containment Solutions, Inc., Huntingdon County, OP–31–02005, effective April 9, 1999, except for the expiration date and condition 3. (12) Cooper Energy Services, Grove City, Mercer County, OP–43–003, effective July 25, 1996, except for conditions 3, 4, 10 and 11. (13) Cyprus Cumberland Resources Corp., Greene County, OP–30–000–040, effective March 26, 1999, except for the expiration date and conditions 7, 8, 10, 11 and 12. (14) Defense Distribution Susquehanna, York County, OP–67–02041, effective February 1, 2000, except for the expiration date and condition 3; Condition 4. (Sources, Continued), Paragraphs I.d. and III; General Conditions, conditions 5 and 8; Presumptive RACT, conditions 9 and 10; Stack Test, conditions 11 through 14 inclusive, 16 and 17; and Recordkeeping and Reporting, conditions 18 through 22 inclusive. (15) EMI Company, Erie County, OP–25–070, effective October 24, 1996. (16) Empire Sanitary Landfill, Inc., Lackawanna County, OP–35–0009, effective October 17, 1996, except for the expiration date and conditions 14, 15 and 16. (17) Equitrans, Inc., Rogersville Station, Greene County, 30–000–109, effective July 10, 1995, except for the expiration date and conditions 4, 5 and 6. (18) Equitrans, Inc., Pratt Station, Greene County, 30–000–110, effective July 10, 1995, except for the expiration date and conditions 4, 5, 6, 9 and 11 through 20 inclusive. (19) Erie Coke Corporation, Erie County, OP 25–029, effective June 27, 1995, except for conditions 5, and 10 through 15 inclusive. (20) Fleetwood Folding Trailers, Inc., Somerset County, 56–000–151, effective February 28, 1996, except for the expiration date and condition 5. (21) Gichner Systems Group, Inc., York County, 67–2033, effective August 5, 1997, except for the expiration date and conditions 3, 5, 6 and 7. (22) Offset Paperback Manufacturers, Inc, Luzerne County, 40–0008, effective April 16, 1999, except for the expiration date and conditions 3, 4 and 16 through 20 inclusive. (23) Overhead Door Corporation, Mifflin County, 44–2011, effective June 4, 1997, except for the expiration date and conditions 3 and 11. (24) Sanyo Audio Manufacturing (USA), 44–2003, effective June 30, 1995, except for the expiration date and conditions 3, 4, and 7 through 10 inclusive. (25) Stroehmann Bakeries, Inc., Luzerne County, 40–0014A, effective May 30, 1995, except for the expiration date and conditions 4, 7, 8, 9, 10 and 12. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in (i) (B), above. (150) [Reserved] (151) Revisions to the Allegheny County Air Pollution Control Regulations governing gasoline volatility requirements submitted on March 23, 2000 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of March 23, 2000 from the Pennsylvania Department of Environmental Protection transmitting the revisions to the low RVP gasoline volatility requirements for Allegheny County, Pennsylvania. (B) The following revision to Article XXI, Rules and Regulations of the Allegheny County Health Department, effective May 15, 1998. (1) Regulation 2101.20—definitions of “carrier,” “distributor,” “importer,” “low RVP gasoline,” “oxygenate,” “refiner,” “refinery,” “reseller,” “retail outlet,” “retailer,” “RFG,” “RVP,” “terminal,” “wholesale purchaser-consumer.” (2) Regulation 2107.15—Gasoline Volatility and RFG Methods. (3) Regulation 2105.90—Gasoline Volatility, Paragraphs a and b. (C) The following revision to Article XXI, Rules and Regulations of the Allegheny County Health Department, effective September 1, 1999. (1) Regulation 2101.20—definition of “compliant fuel.” (2) Regulation 2105.90—Gasoline Volatility, Paragraphs c, d, and e. (ii) Remainder of the March 23, 2000 submittal pertaining to Article XXI, regulations 2101.20, 2105.09, and 2107.15 as described above. (152) Revisions to the Commonwealth of Pennsylvania Regulations pertaining to certain VOC regulations submitted on October 4, 2000 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of October 4, 2000 from the Pennsylvania Department of Environmental Protection transmitting the revisions to VOC regulations. (B) Revisions to 25 PA Code, effective June 10, 2000. (1) Additions, Deletions and Revisions to Chapter 121, General Provisions, section 121.1, Definitions. (2) Revisions to Chapter 129, Standards for Sources, Sources of VOC, section 129.52, Surface Coating Processes. (3) Revision to Chapter 129, Standards for Sources, section 129.91, Control of Major Sources of NOX and VOCs, subsection (a). (4) Addition to Chapter 129, Standards for Sources of sections 129.101–129.107, Wood Furniture Manufacturing Operations. (5) Revisions to Chapter 139, Sampling and Testing, section 139.4, References, and section 139.14, Emissions of VOCs. (ii) Additional Material.—Remainder of October 4, 2000 submittal. (153) Revisions to the Commonwealth of Pennsylvania Regulations pertaining to Stage II VOC control requirements for Southwest Pennsylvania submitted on March 6, 2000 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of March 6, 2000 from the Pennsylvania Department of Environmental Protection transmitting the revisions to the Stage II VOC control requirements for Southwest Pennsylvania. (B) Revisions to 25 PA Code, Chapter 129, Standards for Sources at section 129.82, Control of VOCs from gasoline dispensing facilities (Stage II). These revisions became effective on April 10, 1999. (ii) Additional Material—Remainder of March 6, 2000 submittal. (154) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to VOC and NOX RACT for Merck and Company Inc.'s West Point facility, submitted by the Pennsylvania Department of Environmental Protection on July 2, 1997, as amended August 9, 2000. (i) Incorporation by reference. (A) Letter submitted on July 2, 1997 by the Pennsylvania Department of Environmental Protection transmitting VOC and NOX RACT determinations in the form of an operating permit (OP–46–0005) for Merck and Company Inc.'s West Point facility located in Montgomery County Pennsylvania. (B) Letter submitted on August 9, 2000 by the Pennsylvania Department of Environmental Protection transmitting VOC and NOX RACT determinations in the form of an operating permit (OP–46–0005) for Merck and Company Inc.'s West Point facility located in Montgomery County Pennsylvania. (C) Letter submitted on February 1, 2001 by the Pennsylvania Department of Environmental Protection providing supplementary clarifying information regarding Merck's operating permit (OP–46–0005), in which Pennsylvania specified the portions of the permit, as listed in paragraph (c)(154)(i)(D) of this section, which it did not wish to have incorporated into the Pennsylvania State Implementation Plan. (D) Operating Permit for Merck and Company, Incorporated (OP 46–0005) issued on January 13, 1997, as revised and effective on June 23, 2000, except for the expiration date and the requirements of Conditions 5. C., 5. D.1., 5.F.2., 5.F.3., 5.F.4., 5.F.5., 6.C., 6.D.3., 7.C., 7.D.2., 8.B., 8.D., 9.B., 10.B., 10.F., 11.A., 11.C., 12.B., 12.C., 13.A., 13.B., 13.C., the annual NOX limits in 13.D., 14.A.1., 14.A.2., 14.A.3., 14.B., the words “opacity and” in 14.C., 14.D.1., 14.D.2., 15.A.1., 15.B., 15.C.1.i., 15.C.1.ii., 15.C.2., 15.D.1., 15.D.2., 15.D.3. 15.D.4., 15.E., 15.F., 16., 17.B., 17.D., 17.F.1., 17.F.2., the “2.4 tons per year as a 12-month rolling sum calculated monthly” portion of condition 17.F.4., 18.A.2., 18.B., 19., 20., 21.B., 21.C., 22., 23., 24., 25., 26., 27., and Appendix A. (ii) Additional Material. (A) Remainder of the July 2, 1997 submittal pertaining to Merck and Company, Inc.'s West Point facility located in Montgomery County. (B) Remainder of the August 9, 2000 submittal pertaining to Merck and Company, Inc.'s West Point facility located in Montgomery County. (C) Remainder of the February 1, 2001 submittal pertaining to Merck and Company, Inc.'s West Point facility located in Montgomery County. (155) Revisions to the Pennsylvania Regulations pertaining to certain VOC regulations submitted on March 6, 2000 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of March 6, 2000 from the Pennsylvania Department of Environmental Protection transmitting the revisions to VOC regulations. (B) Addition of definitions to 25 PA Code Chapter 121, General Provisions, at section 121.1, Definitions; addition of new section to 25 PA Code, Chapter 129, Standards For Sources, section 129.73, Aerospace manufacturing and rework; and revisions to Chapter 129, Standards For Sources, section 129.51, General. These revisions became effective on April 10, 1999. (ii) Additional material. Remainder of March 6, 2000 submittal. (156) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and NOX RACT determinations for sources located in the Philadelphia area submitted by the Pennsylvania Department of Environmental Protection on September 20, 1995, April 16, 1996, May 2, 1996, July 2, 1997, July 24, 1998, December 7, 1998, April 9, 1999, and April 20, 1999. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals and operating permits on September 20, 1995, April 16, 1996, May 2, 1996, July 2, 1997, July 24, 1998, December 7, 1998, April 9, 1999, and April 20, 1999. (B) Plan approvals (PA), Operating permits (OP) issued to the following sources: (1) Amerada Hess Corp., PA–51–5009, for PLID 5009, effective May 29, 1995. (2) Amoco Oil Company, PA–51–5011, for PLID 5011, effective May 29, 1995. (3) Cartex Corporation, OP–09–0076, effective April 9, 1999, except for the expiration date. (4) Exxon Company, U.S.A., PA–51–5008, for PLID 5008, effective May 29, 1995. (5) GATX Terminals Corporation, PA–51–5003, for PLID 5003, effective May 29, 1995. (6) Hatfield, Inc., OP–46–0013A, effective January 9, 1997 (as revised October 1, 1998), except for the expiration date. (7) J. L. Clark, Inc., OP–36–02009, effective April 16, 1999, except for the expiration date. (8) Johnson Matthey, Inc., OP–15–0027, effective August 3, 1998 (as revised April 15, 1999), except for the expiration date. (9) Kurz Hastings, Inc., PA–51–1585, for PLID 1585, effective May 29, 1995. (10) Lawrence McFadden, Inc., PA–51–2074, for PLID 2074, effective June 11, 1997. (11) Philadelphia Baking Company, PA–51–3048, for PLID 3048, effective April 10, 1995. (12) Philadelphia Gas Works, PA–51–4921, for PLID 4921, effective May 29, 1995. (13) PPG Industries, Inc., OP–23–0005, effective June 4, 1997, except for the expiration date. (14) SmithKline Beecham Pharmaceuticals, OP–46–0035, effective March 27, 1997 (as revised October 20, 1998), except for the expiration date. (15) Teva Pharmaceuticals USA, OP–09–0010, effective April 9, 1999, except for the expiration date. (16) The Philadelphian Condominium Building, PA–51–6512, for PLID 6512, effective May 29, 1995. (17) Warner Company, OP–15–0001, effective July 17, 1995 except for the expiration date. (18) Webcraft Technologies, Inc., OP–09–0009, effective April 18, 1996 (as revised October 15, 1998), except for the expiration date. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(156)(i)(B) of this section. (157) Approval of revisions to the Allegheny County Regulations, Article XXI pertaining to Major Sources of Nitrogen Oxides and Volatile Organic Compounds and Definitions for Major Source, Potential Emissions and Low NOX burner with separate overfire air submitted on October 30, 1998, by the Pennsylvania Department of Environmental Protection on behalf of Allegheny County Health Department: (i) Incorporation by reference. (A) The letter dated October 30, 1998, from the Pennsylvania Department of Environmental Protection transmitting Allegheny County's Generic VOC and NOX RACT regulations, Appendix 33; Article XXI, Section 2105.06—Major Sources of Nitrogen Oxides and Volatile Organic Compounds and Section 2101.20—Definition for Major Source, Potential Emissions and Low NOX Burner with Separate Overfire Air. (B) Additions of the following Article XXI definitions and regulations, effective October 20, 1995: (1) Regulation 2101.20—definitions of “major source” (introductory paragraph, paragraphs (d) and (e) and closing paragraph; only), “potential emissions” and “low NOX burner with separate overfire air.” (2) Regulation 2105.06—Major Sources of Nitrogen Oxides and Volatile Organic Compounds. (ii) Additional Material—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(157)(i) of this section. (158) Revision pertaining to NOX RACT for the Latrobe Steel Company located in Latrobe Borough, Westmoreland County, submitted by the Pennsylvania Department of Environmental Protection on March 21, 1996. (i) Incorporation by reference. (A) Letter submitted on March 21, 1996 by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations. (B) Operating Permit 65–000–016, effective December 22, 1995, for the Latrobe Steel Company in Latrobe Borough, Westmoreland County, except for the specified Permit Term: 12/22/95—12/22/00. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determination for the source listed in paragraph (c)(158)(i)(B) of this section. (159) Revision pertaining to VOC and NOX RACT for the Allegheny Ludlum Corporation, Brackenridge facility, submitted by the Pennsylvania Department of Environmental Protection on July 1, 1997. (i) Incorporation by reference. (A) Letter submitted on July 1, 1997 by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations. (B) Consent Order No. 260, effective December 19, 1996, for the Allegheny Ludlum Corporation, Brackenridge facility, except for conditions 1.8 and 2.5. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determination for the source listed in paragraph (c)(159)(i)(B) of this section. (160) Revisions pertaining to NOX and/or VOC RACT for major sources, located in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on July 1, 1997, and April 9, 1999. (i) Incorporation by reference. (A) Letters dated July 1, 1997 and April 9, 1999, submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations. (B) The following sources' Enforcement Order (EO) or Operating Permit (OP): (1) Kosmos Cement Company, EO 208, effective December 19, 1996, except for condition 2.5. (2) Armstrong Cement & Supply Company, OP 10–028, effective March 31, 1999. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(160)(i)(B) of this section. (161) Revisions pertaining to NOX and/or VOC RACT for major sources, located in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on January 6, 1995, September 13, 1996, and July 1, 1997. (i) Incorporation by reference. (A) Letters from the Pennsylvania Department of Environmental Protection dated January 6, 1995, September 13, 1996, and July 1, 1997, transmitting source-specific VOC and/or NOX RACT determinations. (B) The following companies' Plan Approvals (PA), or Consent Orders (CO): (1) Duquesne Light Company's Cheswick Power Station, CO 217, effective March 8, 1996, except for condition 2.5. (2) Duquesne Light Company's Elrama Plant, PA 63–000–014, effective December 29, 1994. (3) Pennsylvania Electric Company's Keystone Generating Station, PA 03–000–027, effective December 29, 1994. (ii) Additional materials. (A) The federally enforceable Major Modification PSD Permit, ACHD Permit #0056, issued on March 5, 2001 to Orion Power Midwest L.P. for its Brunot Island Power Station (formerly owned by Duquesne Light Company). (B) The Consent Order and Agreement, dated April 15, 1999, between the Commonwealth of Pennsylvania, Department of Environmental Protection and Duquesne Light Company, INC., regarding NOX Allowances, which states that the emission reductions resulting from the curtailment of operations at the Phillips Station prior to April 15, 1999 are not eligible to be used to generate emission reduction credits (ERCs) and cannot be used as creditable emission reductions in any New Source Review (NSR) applicability determination. (C) Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(161)(i)(B) of this section. (162) Revisions pertaining to VOC RACT for IDL, Incorporated; Oakmont Pharmaceutical, Inc.; and USAir, Inc. located in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on July 1, 1997. (i) Incorporation by reference. (A) Letter submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC RACT determinations dated July 1, 1997. (B) Plan Approval and Agreement Upon Consent Orders (COs) for the following sources: (1) IDL, Incorporated, CO 225, effective July 18, 1996, except for condition 2.5. (2) Oakmont Pharmaceutical, Inc., CO 252, effective December 19, 1996, except for condition 2.5. (3) U.S. Air, Inc., CO 255, effective January 14, 1997, except for condition 2.5. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations submitted for the sources listed in paragraph (c)(162)(i)(B) of this section. (163) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and NOX RACT, submitted by the Pennsylvania Department of Environmental Protection on April 9, 1999 and July 5, 2001. (i) Incorporation by reference. (A) Letter submitted on April 9, 1999 by the Pennsylvania Department of Environmental Protection transmitting source-specific RACT determinations in the form of operating permits. (B) Operating permits (OP) for the following sources: (1) Lukens Steel Corporation, Houston Plant; OP 63–000–080, effective date 02/22/99, except for the Permit Term and conditions 13.—16., inclusive. (2) Allegheny Ludlum Steel Corporation, West Leechburg Plant; OP 65–000–183, effective date 03/23/99, except for the Permit Term. (3) Allegheny Ludlum Corporation, Jessop Steel Company Washington Plant; OP 63–000–027, effective date 03/26/99, except for the Permit Term and conditions 11.—14., inclusive. (C) Letter submitted on July 5, 2001 by the Pennsylvania Department of Environmental Protection transmitting source-specific RACT determinations in the form of operating permits. (D) Koppel Steel Corporation, Koppel Plant's OP 04–000–059, effective date, 3/23/01, except for the Permit Term. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraphs (c)(163)(i)(B) and (D) of this section. (164) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and NOX RACT, submitted by the Pennsylvania Department of Environmental Protection on August 1, 1995, December 8, 1995, April 16, 1996, July 1, 1997, July 2, 1997, January 21, 1997, and February 2, 1999. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection dated August 1, 1995, December 8, 1995, April 16, 1996, July 1, 1997, July 2, 1997, January 21, 1997, and February 2, 1999, transmitting source-specific RACT determinations. (B) The following companies' Operating Permits (OP) or Enforcement Order (EO): (1) Consolidated Natural Gas Transmission Corporation, Beaver Station, OP 04–000–490, effective June 23, 1995. (2) Consolidated Natural Gas Transmission Corporation, Oakford Station, OP 65–000–837, effective October 13, 1995. (3) Consolidated Natural Gas Transmission Corporation, South Oakford Station, OP 65–000–840, effective October 13, 1995. (4) Consolidated Natural Gas Transmission Corporation, Tonkin Station, OP 65–000–634, effective October 13, 1995. (5) Consolidated Natural Gas Transmission Corporation, Jeannette Station, OP 65–000–852, effective October 13, 1995. (6) Carnegie Natural Gas Company, Creighton Station, EO 213, effective May 14, 1996, except for condition 2.7. (7) Texas Eastern Transmission Corporation, Uniontown Station, OP 26–000–413, effective December 20, 1996. (8) Consolidated Natural Gas Transmission Corporation, South Bend Station, OP 03–000–180, effective December 2, 1998. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(164)(i)(B) of this section. (165) Revisions pertaining to VOC and NOX RACT for major sources, located in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on July 1, 1997 and April 19, 2001. (i) Incorporation by reference. (A) Letters dated July 1, 1997 and April 19, 2001, submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and NOX RACT determinations. (B) Plan Approval and Agreement Upon Consent Orders (COs) and an Enforcement Order (EO) for the following sources: (1) Pruett Schaffer Chemical Company, CO 266, effective September 2, 1998, except for condition 2.5. (2) PPG Industries, Inc., CO 254, effective December 19, 1996, except for condition 2.5. (3) Reichhold Chemicals, Inc., CO 218, effective December 19, 1996, except for condition 2.5. (4) Reichhold Chemicals, Inc., CO 219, effective February 21, 1996, except for condition 2.5. (5) Valspar Corporation, EO 209, effective March 8, 1996, except for condition 2.5. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations submitted for the sources listed in paragraph (c)(165)(i)(B) of this section. (166) Revisions pertaining to VOC and NOX RACT for Ashland Chemical Company; Hercules, Incorporated; and Neville Chemical Company located in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on July 1, 1997 and April 19, 2001. (i) Incorporation by reference. (A) Letters dated July 1, 1997 and April 19, 2001, submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and NOX RACT determinations. (B) Plan Approval and Agreement Upon Consent Orders (COs) and an Enforcement Order (EO) for the following sources: (1) Ashland Chemical Company, CO 227, effective December 30, 1996, except for condition 2.5. (2) Hercules, Incorporated, EO 216, effective March 8, 1996. (3) Hercules, Incorporated, CO 257, except for condition 2.5, effective January 14, 1997, including amendments to CO 257, effective November 1, 1999. (4) Neville Chemical Company, CO 230, effective December 13, 1996, except for condition 2.5. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations submitted for the sources listed in paragraph (c)(166)(i)(B) of this section. (167) Revisions pertaining to VOC and NOX RACT for major sources, located in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on March 21, 1996, July 1, 1997, April 9, 1999 and April 19, 2001. (i) Incorporation by reference. (A) Letters dated March 21, 1996, July 1, 1997, April 9, 1999 and April 19, 2001 submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals, operating permits, and consent orders. (B) Plan approvals (PA), Operating permits (OP), or Consent Orders (CO) for the following sources: (1) Anchor Glass Container Corporation., Plant 5, PA–26–000–119, effective December 20, 1996. (2) Anchor Hocking Specialty Glass Co., Phoenix Glass Plant, OP–04–000–084, effective October 13, 1995. (3) Corning Consumer Products Company, Charleroi Plant., PA–63–000–110, effective January 4, 1996, except for the third sentence of condition 3 (which references condition 13), and conditions 5, 6, 7, 13 in their entirety. (4) General Electric Company, CO–251, effective December 19, 1996, except for condition 2.5. (5) Glenshaw Glass Company, Inc., CO–270, effective March 10, 2000, except for condition 2.5. (6) Guardian Industries, Corp., CO–242, effective August 27, 1996, except for conditions 2.5. (7) Allegheny County Sanitary Authority, CO–222, effective May 14, 1996, except for condition 2.5. (8) Browning-Ferris Industries., Findlay Township Landfill, CO–231A, effective April 28, 1997, except for condition 2.5. (9) Chambers Development Company, Monroville Borough Landfill, CO–253, effective December 30, 1996, except for condition 2.5. (10) Kelly Run Sanitation, Forward Township Landfill, CO–236, effective January 23, 1997, except for condition 2.5. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(167)(i)(B) of this section. (168) Revisions submitted on October 30, 2000 and March 28, 2001 by the Secretary of the Pennsylvania Department of Environmental Protection requesting approval of Pennsylvania's Nitrogen Oxides Budget Trading Program : (i) Incorporation by reference. (A) Letters of October 30, 2000 and March 28, 2001 from the Secretary of the Pennsylvania Department of Environmental Protection transmitting regulatory amendments to 25 PA Code to implement the Nitrogen Oxides Budget Trading Program . (B) Revisions to 25 PA Code, amending Chapter 123 and adding Chapter 145 pertaining to the Nitrogen Oxides Budget Trading Program, effective on September 23, 2000. (1) Revisions to section 123.115. (2) Addition of section 123.121. (3) Addition of sections 145.1 through 145.7, 145.10 through 145.14, 145.30, 145.31, 145.40 through 145.43, 145.50 through 145.57, 145.60 through 145.62, 145.70 through 145.76, 145.80 through 145.88, and 145.90. (169) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and/or NOX RACT for 14 sources located in the Philadelphia-Wilmington-Trenton area, submitted by the Pennsylvania Department of Environmental Protection on December 8, 1995, March 21, 1996, January 21, 1997, July 24, 1998, April 20, 1999, March 23, 2001 (two separate submissions), and July 5, 2001. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals, operating permits, or compliance permits on December 8, 1995, March 21, 1996, January 21, 1997, July 24, 1998, April 20, 1999, March 23, 2001 (two separate submissions), and July 5, 2001. (B) Plan approvals (PA), or Operating permits (OP) issued to the following sources: (1) Stroehmann Bakeries, Inc., PA–46–0003, effective on May 4, 1995, except for the expiration date. (2) Schlosser Steel, Inc., OP–46–0051, effective February 1, 1996, except for the expiration date. (3) Perkasie Industries Corporation, OP–09–0011, effective August 14, 1996, except for the expiration date. (4) Quaker Chemical Corporation, OP–46–0071, effective September 26, 1996, except for the expiration date. (5) Worthington Steel Company, OP–15–0016, effective July 23, 1996, except for the expiration date. (6) Transcontinental Gas Pipeline Corp., PA–15–0017, effective June 5, 1995, except for the expiration date. (7) Rohm and Haas Company, Bucks County Plant, OP–09–0015, effective April 20, 1999, except for the expiration date. (8) SEPTA—Berridge/Courtland Maintenance Shop, PA–51–4172, effective July 27, 1999, except for condition 2.C. and condition 5. (9) Southwest Water Pollution Control Plant/Biosolids Recycling Center, PA–51–9515, effective July 27, 1999, except for condition 1.A.(1), condition 1.A.(2), condition 2.A., condition 2.B., and condition 7. (10) Rohm and Haas Company, Philadelphia Plant, PA–51–1531, effective July 27, 1999, except for condition 7. (11) Sunoco, Inc. (R&M), PA–1501/1517, for Plant ID: 1501 and 1517, effective August 1, 2000, except for conditions 1.A.(4) as it pertains to H–600, H–601, H–602, H–1 and H–3 heaters; 1.A. (7)–(10); 1.A. (12) as it pertains to HTR 1H4; 1.A. (13) as it pertains to HTR PH2 and HTR PH7; 1.A. (15) as it pertains to HTR 11H2; 1.A. (16); 1.A. (18) as it pertains to HTR 2H1, HTR 2H6, and HTR 2H8; 1.A. (19); 1.A. (21); 1.A.(22); 2.B. as it pertains to Gas Oil HDS Unit 866: HTR 12H1; 2.E.; 2.L.; and condition 6. (12) SBF Communication Graphics, PA–2197, for Plant ID: 2197, effective July 21, 2000. (13) Smith-Edwards-Dunlap, Company, PA–2255, for Plant ID: 2255, effective July 14, 2000. (14) Tasty Baking Co., PA–2054, for Plant ID: 2054, effective April 9, 1995. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the sources listed in paragraph (c)(169)(i)(B) of this section. (170) Revisions pertaining to VOC RACT for major sources, located in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on March 21, 1996, October 18, 1996, January 21, 1997, July 1, 1997, March 23, 2001, and April 19, 2001. (i) Incorporation by reference. (A) Letters dated March 21, 1996, October 18, 1996, January 21, 1997, July 1, 1997, March 23, 2001, and April 19, 2001, submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC RACT determinations. (B) Operating Permits (OPs) and Plan Approval and Agreement Upon Consent Orders (COs) for the following sources: (1) Armstrong World Industries, Beaver Falls Plant, OP 04–000–108, effective May 29, 1996. (2) Bacharach, Inc., CO 263, effective October 10, 1997, except for condition 2.5. (3) Bakerstown Container Corporation, CO 221, effective May 14, 1996, except for condition 2.5. (4) Chestnut Ridge Foam, Inc., OP 65–000–181, effective December 29, 1995. (5) Flexsys America L.P., Monongahela Plant, OP 63–000–015, effective March 23, 2001, except for the PERMIT TERM. (6) Haskell of Pittsburgh, Inc., CO 224, effective December 19, 1996, except for condition 2.4. (7) Three Rivers Aluminum Company, OP 10–267, effective March 1, 2001. (8) Tuscarora Plastics, Inc., OP 04–000–497, effective April 3, 1996. (9) Witco Corporation, CO 210, effective May 14, 1996. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations submitted for the sources listed in paragraph (c)(170)(i)(B) of this section. (171) Revisions pertaining to the GenCorp., Inc., Jeanette Plant; and to the CENTRIA, United Coaters Ambridge Coil Coating Operations Plant, located in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on April 16, 1996 and August 9, 2000. (i) Incorporation by reference. (A) Letter submitted by the Pennsylvania Department of Environmental Protection, dated April 16, 1996, transmitting source-specific VOC and NOX RACT determinations. (B) Operating Permit 65–000–207 issued to GenCorp., Inc., Jeanette Plant, effective January 4, 1996, except for the Permit Term and condition 8. (C) Letter submitted by the Pennsylvania Department of Environmental Protection, dated August 9, 2000, transmitting source-specific VOC and NOX RACT determinations. (D) Operating Permit 04–000–043 issued to CENTRIA, Ambridge Coil Coating Operations Plant, effective May 17, 1999, except for the Permit Term. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations submitted for the sources listed in paragraphs (c)(171)(i)(B) and (D) of this section. (172) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and NOX RACT for 11 iron and steel sources located in the Pittsburgh-Beaver Valley area, submitted by the Pennsylvania Department of Environmental Protection on January 21, 1997, July 1, 1997, March 3, 1999, April 9, 1999, and July 5, 2001. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, on the following dates: January 21, 1997, July 1, 1997, March 3, 1999, April 9, 1999, and July 5, 2001. (B) The following companies' Operating Permits (OP) or Consent Orders (CO): (1) J & L Structural, Inc.-Aliquippa, OP 04–000–467, effective June 23, 1995, except for the Permit Term. (2) Universal Stainless & Alloy Products, Inc., CO 241, effective December 19, 1996, except for condition 2.5. (3) Shenango, Inc., CO 233, effective December 30, 1996, except for conditions 1.7, 2.6, and 2.7. (4) LTV Steel Company, CO 259, effective December 30, 1996, except for condition 2.5. (5) U.S. Steel Clairton Works, CO 234, effective December 30, 1996, except for condition 2.5. (6) USX Corporation, Edgar Thomson Works, CO 235, effective December 30, 1996, except for condition 2.5. (7) USX Corporation, Irvin Works, CO 258, effective December 30, 1996, except for condition 2.5. (8) Wheeling-Pittsburgh Steel Corporation, OP 63–000–066, effective February 8, 1999, except for the Permit Term. (9) Koppers, OP 65–000–853, effective March 20, 1998, except for the Permit Term. (10) J & L Specialty Steel, Inc., Midland Facility, OP 04–000–013, effective March 23, 2001, except for the Permit Term. (11) Washington Steel Corporation, OP 63–000–023, effective September 12, 1996, except for the Permit Term. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(172) (i)(B) of this section. (173) Revisions pertaining to VOC and NOX RACT for major sources, located in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on January 10, 1996, July 24, 1998, April 9, 1999, February 2, 2001 and April 19, 2001. (i) Incorporation by reference. (A) Letters dated January 10, 1996, July 24, 1998, April 9, 1999, February 2, 2001 and April 19, 2001 submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and NOX RACT determinations. (B) Plan Approvals (PAs) and Operating Permits (OPs) for the following sources: (1) Equitrans, Inc., OP 63–000–642, effective July 10, 1995, except for the Permit Term. (2) Witco Corporation, Petrolia Facility, PA 10–037, effective June 27, 1995. (3) Ranbar Electrical Materials, Inc., OP 65–000–042, effective February 22, 1999, except for the Permit Term and conditions 11, 12, 13 and 14. (4) Nova Chemicals, Inc., OP 04–000–033 (Permit No. 04–0033), effective as reissued January 24, 2001, except for the Permit Term and conditions 8, 9, and 10. (5) BASF Corporation, OP 04–000–306, effective March 23, 2001. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations submitted for the sources listed in paragraph (c)(173)(i)(B) of this section. (174) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and/or NOX RACT for sources located in the Philadelphia area submitted by the Pennsylvania Department of Environmental Protection on May 2, 1996, June 10, 1996, January 21, 1997, April 9, 1999, August 9, 2000, and two submittals on March 23, 2001. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals and operating permits, on May 2, 1996, June 10, 1996, January 21, 1997, April 9, 1999, August 9, 2000, and two letters on March 23, 2001. (B) Plan approvals (PA), Operating permits (OP) issued to the following sources: (1) Cardone Industries, PA–51–3887, for PLID 3887, effective May 29, 1995. (2) Cardone Industries, PA–51–2237, for PLID 2237, effective May 29, 1995. (3) Naval Surface Warfare Center—Carderock Division, PA–51–9724, for PLID 9724, effective December 27, 1997. (4) Wheelabrator Falls, Inc., OP–09–0013, effective January 11, 1996 (as amended May 17, 1996). (5) U.S. Steel Group/USX Corporation, OP–09–0006, effective April 8, 1999, except for the expiration date. (6) Brown Printing Company, OP–46–0018A, effective May 17, 2000, except for the expiration date and condition 12. (7) SUN CHEMICAL—General Printing Ink Division, PA–51–2052, for PLID 2052, effective July 14, 2000. (8) Sunoco Chemicals, Frankford Plant, PA–51–1551, for PLID 1551, effective July 27, 1999, except for conditions 1.A.(2)–(4), 1.A.(6), 1.A.(8); conditions 1.B.(1), 1.B. (3)–(6); the last sentence of condition 2.A.; conditions 2.B.–D.; 2.G., the last sentence of 2.H., 2.I.; and condition 7. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(174) (i)(B) of this section. (175) Revisions pertaining to NOX RACT determinations for the Armco Inc., Butler Operations Main Plant and Armco Inc., Butler Operations Stainless Plant, submitted by the Pennsylvania Department of Environmental Protection on January 21, 1997. (i) Incorporation by reference. (A) Letter submitted on January 21, 1997 by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT plan approvals in the form of permits. (B) Permit Number: PA 10–001–M, effective February 23, 1996, for the Armco Inc., Butler Operations Main Plant in Butler, Butler County. (C) Permit Number: PA 10–001–S, effective February 23, 1996, for the Armco Inc., Butler Operations Stainless Plant in Butler, Butler County. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determination for the sources listed in paragraphs (c)(175)(i)(B) and (C) of this section. (176) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and NOX RACT, for eight sources located in the Pittsburgh-Beaver Valley area submitted by the Pennsylvania Department of Environmental Protection on January 6, 1995, August 1, 1995, January 10, 1996, January 21, 1997, February 2, 1999, March 3, 1999, and April 19, 2001. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations on the following dates: January 6, 1995, August 1, 1995, January 10, 1996, January 21, 1997, February 2, 1999, March 3, 1999, and April 19, 2001. (B) The following companies' Plan approvals (PA) or Operating permits (OP): (1) Pennsylvania Power Company, Bruce Mansfield Plant, PA 04–000–235, effective December 29, 1994 except for the expiration date. (2) West Penn Power Company, Mitchell Station, PA 63–000–016, effective June 12, 1995, except for the expiration date. (3) Carnegie Natural Gas Company, Fisher Station, OP 03–000–182, effective December 2, 1998, except for the Permit Term. (4) Apollo Gas Company, Shoemaker Station, OP 03–000–183, effective September 12, 1996, except for the Permit Term. (5) Texas Eastern Transmission Corporation, Delmont Station, OP 65–000–839, effective January 9, 1997, except for the Permit Term. (6) The Peoples Natural Gas Company, Valley Station, PA 03–000–125, effective October 31, 1994 except for the expiration date and the time limits in condition 6. (7) The Peoples Natural Gas Company, Girty Station, PA 03–000–076, effective as extended on October 27, 1995, except for the expiration date and time limit in condition 6. (8) AES Beaver Valley Partners, Monaca Plant, OP 04–000–446, effective as revised on March 23, 2001, except for the Permit Term. (ii) Additional materials. (A) Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(176)(i)(B) of this section. (B) Two Pennsylvania Department of Environmental Protection Interoffice Memoranda: Thomas Joseph to Krishnan Ramamurthy, “1500 $ per Ton” dated July 14, 1994; and Krishnan Ramamurthy to Thomas McGinley, Babu Patel, Ronald Davis, Richard Maxwell, and Devendra Verma, “RACT Cost Effectiveness Screening Level” dated July 15, 1994 pertaining to The Peoples Natural Gas Company, Valley Station. (177) Revisions pertaining to the Chapter 129 for VOC and NOX RACT for sources located in the Pittsburgh-Beaver Valley nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on December 8, 1995, July 1, 1997, and April 19, 2001. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of operating permits, enforcement orders, and consent orders on the following dates: December 8, 1995, July 1, 1997, and April 19, 2001. (B) Operating Permits (OP), Enforcement Orders (EO), and Consent Orders (CO) issued to the following sources: (1) Penreco, OP 10–027, effective May 31, 1995. (2) Ashland Petroleum Company, CO 256, effective December 19, 1996, except for condition 2.9. (3) Bellefield Boiler Plant, EO 248, effective December 19, 1996. (4) Gulf Oil L. P., CO 250, effective December 19, 1996, except for condition 2.5. (5) PA Dept. of Corrections, EO 244, effective January 23, 1997. (6) Pittsburgh Thermal Limited Partnership, CO 220, effective March 4, 1996, except for condition 2.5. (7) BP Exploration & Oil, Inc., Greensburg Terminal, OP 65–000–378, effective March 23, 2001. (8) Pittsburgh Allegheny County Thermal, Ltd., CO 265, effective November 9, 1998, except for condition 2.5. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(177)(i)(B) of this section. (178) Revisions pertaining to VOC and/or NOX RACT for major sources, located in the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on July 1, 1997, October 23, 1997, November 4, 1997, December 31, 1997, April 9, 1999 and August 9, 2000. (i) Incorporation by reference. (A) Letters dated July 1, 1997, October 23, 1997, November 4, 1997, December 31, 1997, April 9, 1999 and August 9, 2000 submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of operating permits, consent orders, and enforcement orders. (B) Operating permits (OP), Consent Orders (CO) and Enforcement Orders (EO) for the following sources: (1) Aristech Chemical Corporation, CO 232, effective December 30, 1996, except for condition 2.6. (2) Heinz USA, EO 211, effective March 8, 1996, except for conditions 1.5, 2.4, and 2.5; and CO 247, effective October 24, 1996, except for conditions 1.11 and 2.7. (3) Koppers Industries, Inc., CO 223, effective August 27, 1996, except for condition 2.5. (4) Nabisco Biscuit Company, CO 246, effective December 19, 1996, except for condition 2.5. (5) Pressure Chemical Company, CO 261, effective June 11, 1997, except for condition 2.8. (6) General Carbide Corporation, OP 65–000–622, effective December 29, 1995, except for the Permit Term. (7) Fansteel Hydro Carbide, OP 65–000–860, effective December 12, 1997. (8) Carbidie Corporation, OP 65–000–720, effective July 31, 1998, except for the Permit Term, and Conditions 4, 5 and 11. (9) Dyno Nobel, Inc., OP 63–000–070, effective March 31, 1999, except for the Permit Term. (10) Newcomer Products, Inc., OP–65–000–851, effective August 7, 1997. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(178)(i)(B) of this section. (179) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and/or NOX RACT for seven sources located in the Philadelphia-Wilmington-Trenton ozone nonattainment area submitted by the Pennsylvania Department of Environmental Protection on August 1, 1995, February 2, 1999, July 27, 2001, and August 8, 2001. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals, operating permits, or compliance permits on the following dates: August 1, 1995, February 2, 1999, July 27, 2001, and August 8, 2001. (B) Operating permits (OP), or Compliance Permits (CP) issued to the following sources: (1) PECO Energy Company, Cromby Generating Station, OP–15–0019, effective April 28, 1995. (2) Waste Resource Energy, Inc. (Operator); Shawmut Bank, Conn. National Assoc. (Owner); Delaware County Resource Recovery Facility, OP–23–0004, effective November 16, 1995. (3) G-Seven, Ltd., OP–46–0078, effective April 20, 1999. (4) Leonard Kunkin Associates, OP–09–0073, effective June 25, 2001. (5) Kimberly-Clark Corporation, OP–23–0014A, effective June 24, 1998 as revised August 1, 2001. (6) Sunoco, Inc. (R&M); Marcus Hook Plant; CP–23–0001, effective June 8, 1995 as revised August 2, 2001, except for the expiration date. (7) Waste Management Disposal Services of Pennsylvania, Inc. (GROWS Landfill), Operating Permit OP–09–0007, effective December 19, 1997 as revised July 17, 2001. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(179)(i)(B) of this section. (180) Revision pertaining to NOX RACT for Koppel Steel Corporation's Ambridge Plant located in Harmony Township, Beaver County, Pennsylvania, submitted by the Pennsylvania Department of Environmental Protection on August 8, 2001. (i) Incorporation by reference. (A) Letter submitted on August 8, 2001 by the Pennsylvania Department of Environmental Protection transmitting several source-specific NOX and/or VOC RACT determinations. (B) Operating Permit 04–000–227, effective October 12, 2000, issued to Koppel Steel Corporation, Ambridge Plant. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determination for the source listed in paragraph (c)(180)(i)(B) of this section. (181) Revisions pertaining to NOX RACT-related requirements for General Motors, Corp.; Oakmont Steel, Inc.; The Peoples Natural Gas, Co.; and U.S. Bureau of Mines located in Allegheny County portion of the Pittsburgh-Beaver Valley ozone nonattainment area, submitted by the Pennsylvania Department of Environmental Protection on July 1, 1997. (i) Incorporation by reference. (A) Letter dated July 1, 1997, submitted by the Pennsylvania Department of Environmental Protection transmitting several source-specific VOC and/or NOX RACT related determinations. (B) Plan Approval and Agreement Upon Consent Orders (COs) and an Enforcement Order (EO) for the following sources: (1) General Motors, Corp., CO 243, effective August 27, 1996, except for condition 2.5. (2) Oakmont Steel, Inc., CO 226, effective May 14, 1996, except for condition 2.5. (3) The Peoples Natural Gas, Co., CO 240, effective August 27, 1996, except for condition 2.5. (4) U.S. Bureau of Mines, EO 215, effective March 8, 1996, except for condition 2.5. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the sources listed in paragraph (c)(181)(i)(B) of this section. (182) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and NOX RACT, for three sources located in the Philadelphia area submitted by the Pennsylvania Department of Environmental Protection on April 20, 1999, June 28, 2000, and August 8, 2001. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals and operating permits on April 20, 1999, June 28, 2000, and August 8, 2001. (B) Plan approvals (PA), Operating permits (OP) issued to the following sources: (1) Waste Management Disposal Services of Pennsylvania, Inc. (Pottstown Landfill), OP–46–0033, effective April 20, 1999. (2) FPL Energy MH 50, L.P., PA–23–0084, effective July 26, 1999, except for the expiration date. (3) Exelon Generation Company—Richmond Generating Station, PA–51–4903, effective July 11, 2001. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(182) (i)(B) of this section. (183) The CO redesignation and maintenance plan for Southwestern Pennsylvania submitted by the Pennsylvania Department of Environmental Protection on August 17, 2001, as part of the Pennsylvania SIP. The 1990 base year CO emissions inventory was submitted by the Pennsylvania Department of Environmental Protection on November 12, 1992. (i) Incorporation by reference. (A) Letter of August 17, 2001, from the Pennsylvania Department of Environmental Protection transmitting a redesignation request and maintenance plan for the CO monoxide nonattainment area in Southwestern Pennsylvania. (B) Maintenance Plan for the Southwestern Pennsylvania Carbon Monoxide nonattainment area, effective July 12, 2001. (ii) Additional Material.—Remainder of the August 17, 2001 submittal pertaining to the revisions listed in paragraph (c)(183)(i) of this section. (184) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and NOX RACT, for sources located in the Philadelphia area submitted by the Pennsylvania Department of Environmental Protection on April 16, 1996, June 10, 1996, November 4, 1997, December 31, 1997, March 24, 1998, March 23, 2001, and August 8, 2001. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals and operating permits on April 16, 1996, June 10, 1996, November 4, 1997, December 31, 1997, March 24, 1998, March 23, 2001, and August 8, 2001. (B) Plan approvals (PA), or Operating Permits (OP) issued to the following sources: (1) Jefferson Smurfit Corporation and Container Corporation of America, PA–51–1566, for PLID 1566, effective April 10, 1995. (2) Maritank Philadelphia, Inc., PA–51–5013, for PLID 5013, effective December 28, 1995. (3) Moyer Packing Company, OP–46–0001, effective March 15, 1996, except for the expiration date. (4) Tullytown Resource Recovery Facility (Waste Management of PA, Inc.), OP–09–0024, effective July 14, 1997, except for the expiration date. (5) SPS Technologies, OP–46–0032, effective October 30, 1997, except for the expiration date. (6) PECO Energy Company, OP–09–0077, effective December 19, 1997, except for the expiration date. (7) Philadelphia Gas Works, Richmond Plant, PA–51–4922, effective July 27, 1999, except for condition 1.A. 10–17, inclusive, condition 2.E., 2.F., 2.G., and condition 8. (8) Exelon Generation Company-Delaware Generating Station, PA–51–4901, effective July 11, 2001. (9) Exelon Generation Company-Schuylkill Generating Station, PA–51–4904, effective July 11, 2001. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(184) (i)(B) of this section. (185) Revisions to the Pennsylvania Regulations, Chapter 129 pertaining to VOC and NOX RACT for 14 sources located in the Philadelphia area, submitted by the Pennsylvania Department of Environmental Protection on December 7, 1998, February 2, 1999, April 20, 1999, March 23, 2001 (two separate submissions), and July 5, 2001. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals and operating permits December 7, 1998, February 2, 1999, April 20, 1999, March 23, 2001 (two separate submissions), and July 5, 2001. (B) Plan approvals (PA), Operating permits (OP) issued to the following sources: (1) International Business Systems, Inc., OP–46–0049, effective October 29, 1998 and as revised December 9, 1999, except for the expiration date. (2) Bethlehem Lukens Plate, OP–46–0011, effective December 11, 1998, except for the expiration date. (3) Montenay Montgomery Limited Partnership, OP–46–0010A, effective April 20, 1999 and as revised June 20, 2000, except for the expiration date. (4) Northeast Foods, Inc., OP–09–0014, effective April 9, 1999, except for the expiration date. (5) Aldan Rubber Company, PA–1561, effective July 21, 2000, except for conditions 1.A.(1), 1.A.(2) and 1.A.(4); and conditions 2.A. and 2.C. (6) Braceland Brothers, Inc., PA–3679, effective July 14, 2000. (7) Graphic Arts, Incorporated, PA–2260, effective July 14, 2000. (8) O'Brien (Philadelphia) Cogeneration, Inc.—Northeast Water Pollution Control Plant, PA–1533, effective July 21, 2000. (9) O'Brien (Philadelphia) Cogeneration, Inc.—Southwest Water Pollution Control Plant, PA–1534, effective July 21, 2000. (10) Pearl Pressman Liberty, PA–7721, effective July 24, 2000. (11) Arbill Industries, Inc., PA–51–3811, effective July 27, 1999, except for condition 5. (12) McWhorter Technologies, PA–51–3542, effective July 27, 1999, except for condition 2.B. and condition 5. (13) Northeast Water Pollution Control Plant, PA–51–9513, effective July 27, 1999, except for condition 1.A.(1), conditions 2.A. and 2.B., and condition 7. (14) Newman and Company, PA–3489, effective June 11, 1997. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(185)(l)(B) of this section. (186) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to NOX RACT, submitted on March 21, 1996, December 7, 1998 and April 9, 1999. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific NOX RACT determinations in the form of plan approvals or operating permits on March 21, 1996, December 7, 1998 and April 9, 1999. (B) Plan approvals (PA), and Operating permits (OP) for the following sources: (1) Allegheny Ludlum Steel Corporation, Westmoreland County, OP 65–000–137, effective May 17, 1999, except for the expiration date. (2) INDSPEC Chemical Corporation, Butler County, PA 10–021, as amended and effective on October 19, 1998 except for Condition 4. (ii) Additional materials. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations submitted for the sources listed in paragraph (c)(186)(i)(B) of this section. (187) Revisions to the Pennsylvania Regulations, Chapter 129.91 pertaining to NOX RACT, submitted on November 4, 1997, July 24 1998, October 2, 1998, March 3, 1999, April 9, 1999, and April 20, 1999. (i) Incorporation by reference. (A) Letters submitted by the Pennsylvania Department of Environmental Protection transmitting source-specific NOX RACT determinations in the form of plan approvals or operating permits on November 4, 1997, July 24, 1998, October 2, 1998, March 3, 1999, April 9, 1999, and April 20, 1999. (B) Plan approvals (PA), and Operating permits (OP) for the following sources: (1) Stoney Creek Technologies, L.L.C., PA–23–0002, effective February 24, 1999, except for the expiration date. (2) Superpac, Inc., OP–09–0003, effective March 25, 1999, except for the expiration date. (3) Transit America Inc., PA–1563 for PLID 1563, effective June 11, 1997, except for Condition 4 and Condition 5. (4) American Bank Note Company, OP–46–0075, effective May 19, 1997, as revised August 10, 1998, except for the expiration date. (5) Atlas Roofing Corporation, OP–09–0039, effective March 10, 1999, except for the expiration date. (6) Beckett Corporation, OP–15–0040, effective July 8, 1997, except for the expiration date. (7) Klearfold, Inc., OP–09–0012, effective April 15, 1999, except for the expiration date. (8) National Label Company, OP–46–0040, effective July 28, 1997. (ii) Additional Materials—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations submitted for the sources listed in paragraph (c)(187)(i)(B) of this section. (188) Revisions to the Pennsylvania Regulations including a 10-year ozone maintenance plan for the Pittsburgh-Beaver Valley area, submitted on May 21, 2001 by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Letter dated May 21, 2001 submitted by the Pennsylvania Department of Environmental Protection transmitting the maintenance plan for Pittsburgh-Beaver Valley Area. (B) The Pittsburgh-Beaver Valley Area ozone maintenance plan submitted by the Pennsylvania Department of Environmental Protection, effective May 15, 2001. This plan establishes motor vehicle emissions budgets for VOCs of 109.65 tons/day for 1999, 98.22 tons/day for 2007, and 102 tons/day for 2011. This plan also establishes motor vehicle emissions budgets for NOX of 171.05 tons/day for 1999, 129.12 tons/day for 2007, and 115.02 tons/day for 2011. (ii) Additional material. Remainder of State Submittal pertaining to the revision listed in paragraph (c)(188)(i) of this action. (189) Revisions to the Commonwealth of Pennsylvania Regulations pertaining to the Pennsylvania's air resource regulations submitted on March 6, 2000 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of March 6, 2000 from the Pennsylvania Department of Environmental Protection transmitting revisions to the Commonwealth's Regulations pertaining to the Pennsylvania's air resource regulations. (B) Revisions to 25 PA Code, Part I, Subpart C, Article III, effective December 27, 1997. (1) Revisions to Chapter 121, General Provisions, section 121.1, revised definitions for coke oven battery, coke oven gas collector main, and door area. (2) Revisions to Chapter 123, section 123.44, Visible Emissions—Limitations of fugitive air contaminants from operation of any coke oven battery, paragraphs (a) and (a)(1). (3) Revisions to Chapter 137, section 137.4, Standby Plans, paragraphs (b), (c) and (f). (4) Revisions to Chapter 139, section 139.12, Emissions of Particulate Matter, paragraphs (1) and (5). (5) Revisions to Chapter 139, section 139.111, Waste Incinerator Monitoring Requirements, introductory paragraph, and paragraphs (1)(i), (2) and (3). (6) Deletion of Chapter 139, section 139.61. (7) Deletion of Chapter 139, section 139.104. In its place, the provisions of Chapter 139.101 will now apply. (C) Revisions to 25 PA Code, Part I, Subpart C, Article III, effective May 7, 1998. (1) Revisions to Chapter 139, section 139.12, Emissions of Particulate Matter, paragraph (2). (2) Revisions to Chapter 139, section 139.101, General Requirements, paragraph (12)(ii). (ii) Additional Material. Remainder of the State submittal(s) pertaining to the revisions listed in paragraph (c)(189)(i) of this section. (190) Revision to the Pennsylvania Regulations to attain and maintain National Ambient Air Quality Standards (NAAQS) for sulfur dioxide in Warren County, Pennsylvania, submitted on December 26, 2001, by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of December 26, 2001 from the Pennsylvania Department of Environmental Protection transmitting a revision to the State Implementation Plan (SIP) for attainment and maintenance of sulfur dioxide NAAQS for Warren County. (B) Letter of August 20, 2002, transmitting a revised Reliant Energy Mid-Atlantic Power Holdings LLC Warren Generating Station Title V permit. (C) The following Companies' Plan Approval and Operating Permits: (1) Reliant Energy Mid-Atlantic Power Holdings LLC (Reliant) Warren Generating Station, Title V Operating Permit TV 62–00012, effective November 21, 2001. (2) United Refining Company, PA 62–017E, effective June 11, 2001, except for the expiration date. (ii) Additional Material. Remainder of the State submittal pertaining to the revision listed in paragraph (c)(190)(i) of this section. (191) Revisions pertaining to VOC and NOX RACT determinations for a major source submitted by the Pennsylvania Department of Environmental Protection on December 21, 2001. (i) Incorporation by reference. (A) A letter submitted on December 21, 2001 by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and NOX RACT determinations. (B) Operating permit (OP) for Bethlehem Steel Corporation, Dauphin County, 22–02012, effective April 9, 1999. (ii) Additional material. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the source listed in paragraph (c)(191)(i)(B) of this section. (192) Revisions to the Allegheny County Health Department Regulations, Articles XX and XXI, submitted on October 30, 1998 by the Pennsylvania Department Environmental Resources: (i) Incorporation by reference. (A) Letter of October 30, 1998 from the Pennsylvania Department of Environmental Protection transmitting a recodification from Article XX to Article XXI of the Rules and Regulations for Air Pollution Control in Allegheny County, as well as substantive revisions to the Article XXI regulations. (B) The following revisions to Article XXI (formerly Article XX) of the Rules and Regulations for Air Pollution Control in Allegheny County, effective October 20, 1995: (1) Part A (General), Sections 2101.01, 2101.02 (except paragraph .02.b.), 2101.03, 2101.04, 2101.06, 2101.07 (except paragraphs .07.c.2 and .07.c.8), 2101.10 (1-year and 24-hour standards for PM10 and sulfur oxides, 1-year standard for nitrogen dioxide, 1-hour and 8-hour standards for carbon monoxide, and 1-hour standard for ozone only) and 2101.11 through 2101.14 inclusive. (2) Part A, Section 2101.20 (Definitions) (Formerly Article XX, Sections 101, 202.C, 701 and 801). (i) Citation change only: Air curtain destructor, Air dried coating, Air pollution, Air Pollution Control Act, Air pollution control equipment, Alert Stage, Ambient air, Article XI, Automobile, Board of Health, Bottom filling, Bulk gasoline plant, Bulk gasoline terminal, Can coating, Clean Air Act, Clear coat, Clearing and grubbing wastes, Coating, Coil coating, Cold cleaning degreaser, Commonwealth, Conveyorized degreaser, County, Cutback asphalt, Domestic heating plant, Domestic refuse-burning equipment, Drum, Dry cleaning facility, Dust, Emission tests, Emissions, Extreme environmental conditions, Extreme performance coatings, Fabric coating, Flexographic printing, Freeboard ratio, Fuel, Fuel-burning or combustion equipment, Gasoline, Gasoline tank truck, Hard slag ladle pit, Hopper car, Incinerator, Increments of Progress, Install, Large appliances, Lease custody transfer, Light duty trucks, Magnet wire coating, Materials handling, Metal furniture coating, Miscellaneous metal parts and products, National Ambient Air Quality Standard, Net load rating, Nontraditional source, Opacity, Open air, Open burning, Open top vapor degreaser, Pail, Paper coating, Part per million, Particulate matter, Paving operation, Person, PM–10, Potential uncontrolled emission rate, Prime coat, Process, Process equipment, Process fugitive emissions, Publication rotogravure printing, Rated capacity, Refuse, Roll printing, Rotogravure printing, SIP, Single coat, Small gasoline storage tank, Solvent, Standard conditions, State Implementation Plan, Steel production, Surface coating process, Tank car, Topcoat, Trade waste, Transfer efficiency, Type “O” waste, Vapor balance system, Vapor disposal system, Vinyl coating, Visible emissions, Wastewater separator, and Waxy heavy-pour crude oil. (ii) Revised definitions resulting from the format change: Advisory Committee, Air Pollution Episode, Ambient air quality standards, Article, Attainment area, Best Available Control Technology, Breakdown, Board of Commissioners, County-Wide Air Pollution Watch, Flue, Forecast, Localized air pollution watch, Localized incident level, Lowest Achievable Emission Rate, Net air quality benefit, Nonattainment area, Reasonably Available Control Technology, Unclassifiable area, and Volatile organic compound. (iii) Revised definitions with substantive wording changes: Air contaminant, Allowable Emissions, Authorized representative, Bureau, Capture efficiency, DEP (Formerly DER), Department, Deputy Director, Director, Emission limitation, EPA, Fugitive emissions, Modification, Major modification, Major Source (paragraphs a., b., c., f. and g. only), New Source, Reasonable further progress, Replacement Source, Secondary Emissions, Significant Air Quality Impact, and Source. (3) Part B (Permits Generally), Sections 2102.02, 2102.03.a through h. 2102.04.a through g., 2102.05, 2102.06.a through .e, 2102.08., and 2102.10. (4) Part D (Pollutant Emission Standards), Sections 2104.01, 2401.02.a.1 through .02.a.3, 2104.02.b. through .02.d., 2104.02.f., 2104.02.i, 2104.03, and 2104.05 through 2401.07. (5) Part E (Source Emission and Operating Standards), Sections 2105.01 through 2105.04, 2105.10.a through c., 2105.10.e.1 through 10.e.10, 2105.11 through 2105.13, 2105.15 through 2105.17, 2105.19.a. through c. and .19.e., 2105.20, 2105.22, 2105.30 (except paragraph .30.f), 2105.40 through 2105.48, 2105.49.a, 2105.49.b (formerly 2105.49.e). and 2105.50 (except paragraph .50.d). (6) Part F (Air Pollution Episodes), Sections 2106.01 through 2106.04. (7) Part G (Methods), Sections 2107.01 through 2107.03, 2107.04 (except paragraph .04.h), 2107.05 through 2107.08, 2107.10, 2107.11, and 2107.20.c., g. through j., m., and n. (8) Part H (Reporting, Testing and Monitoring), Sections 2108.01 (except paragraphs .01.e.1.A and B.), 2108.02.a. through f., 2108.03.a. and c. through e., and 2108.04. (9) Part I (Enforcement), Sections 2109.01, 2109.02, (except paragraph .02.a.7), 2109.03.a. (introductory paragraph only), 2109.03.b. through f., 2109.04, 2109.05 and 2109.06.a.1, .06.b, and .06.c. (C) Addition of the following Article XXI regulations, effective October 20, 1995: (1) Part A, Section 2101.10 (3-month ambient standard for lead). (2) Part A, Section 2101.20, definitions of Administrator, Adverse environmental effect, Affected source, Affected states, Affected unit, Applicable requirement, At the source, BACT (abbreviation only), Cartridge filter, CFR, CO, Common control, Containers and conveyors of solvent, CTG, Designated representative, Draft permit, Emergency, Emissions allowable under the permit, Emissions unit, Existing source, Federal action, Final permit, Fugitive dust emissions, LAER (abbreviation only), Large equipment, Major source applicable requirement (except paragraphs c., d., e., f., g., and j.), Minor operating permit modification, Minor source, NAAQS (abbreviation only), NOX, Operator, Owner or operator, Part C subpart 2 permit, Part C subpart 2 source, Perceptible leaks, Permit modification, Permit revision, Permitting authority, Person subject to the Clean Air Act, Petroleum solvents, Pharmaceutical tablet coating, Potential to emit, PPM (abbreviation only), Proposed permit, RACT (abbreviation only), Regulated air pollutant (paragraphs a. and b. only), Renewal, Represent the public interest, Responsible official, Significant permit modification, Significant portion of income, Small source, Small equipment, and Solvent recovery dryer. (3) Part B, Sections 2102.01, 2102.03.i through .03.k, 2102.04.h through .04.j, and 2102.06.f. (4) Part C (Operating Permits), 2103.10.a and .10.b, and 2103.20.b.4. (5) Part E, Sections 2105.10.d and 10.e.11, 2105.14, 2105.19.d, 2105.70, 2105.71, and 2105.72. (6) Part H, Sections 2108.02.g. and 2108.03.b. (7) Part I, Sections 2109.06.a.5, 2109.10 and 2109.20. (D) Removal of the following Article XX regulations, effective October 20, 1995: (1) Sections 109 (ambient standard for hydrocarbons), 304, 306.E, 512, 902, and 903. (2) Section 101, Definitions of Air Pollution Hearing Board, Commissioners, Committee, Equivalent Opacity, Facility, Rendering, Ringelmann Scale, and Soiling Index. (E) Removal of Article XXI, Sections 2105.21.h.3.B., 2105.49.c, and 2105.49.d. (ii) Additional Material—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(192)(i) of this section. (193) Revisions to the Pennsylvania regulations to attain and maintain the sulfur dioxide National Ambient Air Quality Standards (NAAQS) in Philadelphia County, submitted on March 23, 2001, by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Letter of March 23, 2001 from the Pennsylvania Department of Environmental Protection transmitting a revision to the State Implementation Plan (SIP) for Attainment and Maintenance of Sulfur Dioxide National Ambient Air Quality Standards for Philadelphia County. (B) The following companies' Operating Permits: (1) Trigen-Philadelphia Energy Corporation, Schuylkill Station, OP-SO2–95–002, effective July 27, 2000. (2) Grays Ferry Cogeneration Partnership, OP-SO2–95–002A, effective July 27, 2000. (3) PECO Energy Company, Schuylkill Generating Station, OP SO2–95–006, effective July 27, 2000. (4) Sunoco, Inc. (R&M) Philadelphia Refinery, OP-SO2–95–039, effective July 27, 2000. (ii) Additional Material.—Remainder of the State submittal pertaining to the revision listed in paragraph (c)(193)(i) of this section. (194) Revisions pertaining to VOC and NOX RACT determinations for a major source submitted by the Pennsylvania Department of Environmental Protection on December 21, 2001. (i) Incorporation by reference. (A) A letter submitted on December 21, 2001 by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and NOX RACT determinations. (B) Operating permit (OP) : (1) Hershey Chocolate USA, Dauphin County, 22–02004A, effective January 24, 2000. (2) Pennsylvania Power Company, Lawrence County, New Castle Plant, OP 37–0023, effective April 8, 1999. (ii) Additional Material—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the source listed in paragraph (c)(194)(i)(B) of this section. (195) Revisions to the Pennsylvania Regulations regarding VOC control requirements for solvent cleaning operations, submitted on February 13, 2002, by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of February 13, 2002, from the Pennsylvania Department of Environmental Protection transmitting the revisions to VOC control requirements for solvent cleaning operations. (B) Revisions to 25 PA Code, chapter 121 and chapter 129, effective December 22, 2001. (1) Additions and Revisions of definitions for terms in chapter 121, General Provisions, section 121.1, Definitions. (i) Addition of the following terms: Airless cleaning system, Airtight cleaning system, Batch vapor cleaning machine, Carbon adsorber, Cold cleaning machine, Dwell, Dwell time, Extreme cleaning service, Freeboard refrigeration device, Idling mode, Immersion cold cleaning machine, In-line vapor cleaning machine, Reduced room draft, Remote reservoir cold cleaning machine, Solvent/air interface, Solvent cleaning machine, Solvent cleaning machine automated parts handling sytem, Solvent cleaning machine down time, Solvent vapor zone, Superheated vapor system, Vapor cleaning machine, Vapor cleaning machine primary condenser, Vapor pressure, Vapor up control switch, Working mode cover. (ii) Revision of the term “freeboard ratio.” (2) Revisions to chapter 129, Standards for Sources, Sources of VOCs, section 129.63, VOC Cleaning Operations replacing the current section 129.63. (ii) Additional Material. Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(195)(i) of this section. (196) Revisions pertaining to NOX RACT for major sources submitted on December 21, 2001. (i) Incorporation by reference. (A) Letter submitted on December 21, 2001 by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals or operating permits. (B) Plan approval (PA); Operating permit (OP): (1) Lafarge Corporation, Lehigh County, OP–39–0011B, effective May 19, 1997. (2) The Peoples Natural Gas Company, Cambria County, OP–11–000–356, effective November 23, 1994. (3) Horsehead Resource Development Company, Inc., Carbon County, OP–13–0001, effective May 16, 1995. (4) Williams Generation Company, Hazleton, Luzerne County, OP–40–0031A, effective March 10, 2000. (5) Pennsylvania Power and Light Company, Holtwood Steam Electric Station, Lancaster County, PA–36–2016, effective May 25, 1995. (ii) Additional Material. (A) Letter of October 15, 2002 from the Pennsylvania Department of Environmental Protection to EPA transmitting materials related to the RACT permits listed in paragraph (c)(196)(i) of this section. (B) Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(196)(i) of this section. (197) Revisions to the Commonwealth of Pennsylvania Regulations pertaining to the Pennsylvania's air resource regulations submitted on March 6, 2000 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of March 6, 2000 from the Pennsylvania Department of Environmental Protection transmitting revisions to the Commonwealth's Regulations pertaining to the Pennsylvania's air resource regulations. (B) Revisions to 25 PA Code, Part I, Subpart C, Article III, effective December 27, 1997. Revisions to Chapter 121, General Provisions, Section 121.1, definitions for major modification, modification, potential to emit, responsible official and secondary emissions. (ii) Additional Material—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(197)(i) of this section. (198) Revisions pertaining to NOX RACT determinations for a major source submitted by the Pennsylvania Department of Environmental Protection on December 9, 2002. (i) Incorporation by reference. (A) Letter of December 9, 2002 from the Pennsylvania Department of Environmental Protection transmitting source-specific NOX RACT determinations. (B) Operating permit (OP) for General Electric Transportation Systems, Erie County, OP 25–025A, effective August 26, 2002. (ii) Additional Material—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the source listed in paragraph (c)(198)(i)(B) of this section. (199) [Reserved] (200) Revisions pertaining to VOC and NOX RACT for major sources submitted on December 21, 2001. (i) Incorporation by reference. (A) Letter submitted on December 21, 2001 by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals or operating permits: (B) Plan approval (PA); Operating permit (OP): (1) Bethlehem Structural Products Corporation, Northampton County, OP–48–0013, effective October 24, 1996. (2) International Paper Company, Erie Mill, Erie County, PA–25–028, effective December 21, 1994. (3) National Fuel Gas Supply Corporation, Jefferson County, PA–33–144A, effective October 5, 1998. (ii) Additional Material. (A) Letters of October 15, 2002 and February 11, 2003 from the Pennsylvania Department of Environmental Protection (PADEP) to EPA transmitting materials related to the RACT permits listed in paragraph (c)(200)(i) of this section. (B) Other materials submitted by PADEP in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(200)(i) of this section. (201) Revisions pertaining to NOX RACT determinations for a major source submitted by the Pennsylvania Department of Environmental Protection on October 30, 2002. (i) Incorporation by reference. (A) Letter of October 30, 2002 from the Pennsylvania Department of Environmental Protection transmitting source-specific NOX RACT determinations. (B) Operating permit (OP) for PPG Industries, Inc., Crawford County, OP 20–145, effective May 31, 1995. (ii) Additional Material—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the source listed in paragraph (c)(201)(i)(B) of this section. (202) Revisions pertaining to VOC and NOX RACT determinations for major sources submitted by the Pennsylvania Department of Environmental Protection on October 30, 2002. (i) Incorporation by reference. (A) Letter of October 30, 2002 from the Pennsylvania Department of Environmental Protection transmitting source-specific NOX RACT determinations. (B) Operating Permits (OP): (1) Dominion Trans Inc., Clinton County, Title V Permit No.: 18–00005, effective February 16, 2000. (2) Textron Lycoming, Lycoming County, Title V Permit No.: 41–00005, effective January 12, 2001. (ii) Additional Material. (A) A letter of February 11, 2003 from the Pennsylvania Department of Environmental Protection to EPA transmitting materials related to the RACT permits listed in paragraph (c)(202)(i) of this section. (B) Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the source listed in paragraph (c)(202)(i)(B) of this section. (203) Revisions to Philadelphia Air Management Regulation XIII—“Pertaining to the Construction, Modification, Reactivation, and Operation of Sources” submitted on May 13, 1999 by the Pennsylvania Department of Environmental Protection on behalf of Philadelphia County Air Management Services: (i) Incorporation by reference. (A) Letter of May 13, 1999 from the Pennsylvania Department of Environmental Protection on behalf of Philadelphia County Air Management Services transmitting Regulation XIII governing the construction of new and modified sources and operation of existing sources of air pollution in the County. (B) Philadelphia Air Management Regulation XIII—“Pertaining to the Construction, Modification, Reactivation, and Operation of Sources”, except as it pertains to the new source review permit program and the title V operating permit program, effective October 30, 1995. (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(203)(i) of this section. (204) Revisions to the Pennsylvania Regulations to remove alternative emission reduction limitations for Andre Greenhouses, U.S. Steel, Scott Paper Company, Arbogast & Bastian, Inc., J.H. Thompson, Inc., and Bethlehem Steel Corp., submitted on March 6, 2000 by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Letter of March 6, 2000 from the Pennsylvania Department of Environmental Protection transmitting the removal of 25 Pennsylvania Code Subpart C, Article II, Chapter 128.11 through 128.13 and 128.15 through 128.20, the alternative emission reduction limitations for Andre Greenhouses, U.S. Steel, Scott Paper Company, Arbogast & Bastian, Inc., J.H. Thompson, Inc., and Bethlehem Steel Corporation, respectively. (B) Removal of 25 Pennsylvania Code Subpart C, Article II, Chapter 128.11 through 128.13 and 128.15 through 128.20, effective September 5, 1998. (ii) Remainder of State submittal pertaining to the revisions listed in paragraph (c)(204)(i) of this section. (205) Revision pertaining to NOX RACT determinations for a major source submitted by the Pennsylvania Department of Environmental Protection on February 4, 2003: (i) Incorporation by reference. (A) Letter submitted on February 4, 2003 by the Pennsylvania Department of Environmental Protection transmitting source-specific NOX RACT determinations. (B) Operating Permit (OP) for Lafayette College, Easton Campus, Northampton County, OP 48–0034, effective August 18, 1997. (ii) Additional Material. Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the source listed in paragraph (c)(205)(i) of this section. (206) [Reserved] (207) Revisions pertaining to VOC and NOX RACT for major sources submitted on February 4, 2003. (i) Incorporation by reference. (A) Letter submitted on February 4, 2003 by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of plan approvals or operating permits. (B) The following Operating Permits (OP): (1) Keystone Carbon Company, Elk County, OP 24–016, effective May 15, 1995. (2) Mack Trucks, Inc., Northampton County, 39–0004, effective May 31, 1995. (3) Owens-Brockway Glass Container, Inc., Jefferson County, OP 33–033, effective March 27, 1995. (4) Resilite Sports Products, Inc., Northumberland County, OP–49–0003, effective December 3, 1996. (5) Westfield Tanning Company, Tioga County, OP–59–0008, effective November 27, 1996. (ii) Additional Material. (A) Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(207)(i) of this section. (B) [Reserved] (208) Revisions pertaining to VOC and NOX RACT for major sources submitted on October 25, 1999, and February 4, 2003, by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Letters submitted on October 26, 1999, and February 4, 2003 by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of operating permits. (B) Operating permits (OP) issued to the following sources: (1) Tarkett Incorporated, Lehigh County, OP 39–0002, effective May 31, 1995. (2) Harcros Pigments, Inc., Northampton County, OP 48–0018, effective July 31, 1996. (ii) Additional Material. (A) Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(208)(i) of this section. (209) Revisions for a federally enforceable state operating permit program applicable in Allegheny County, Pennsylvania submitted on November 9, 1998 and March 1, 2001 by the Pennsylvania Department of Environmental Protection on behalf of the Allegheny County Health Department: (i) Incorporation by reference. (A) Letters of November 9, 1998 and March 1, 2001 from the Pennsylvania Department of Environmental Protection, on behalf of the Allegheny County Health Department, transmitting a federally enforceable state operating permit program. (B) Addition of the following Allegheny County Health Department Rules and Regulations, Article XXI Air Pollution Control: (1) Regulation 2101.05, Regulation 2103.12—effective March 31, 1998. (2) Regulation 2103.01, Regulation 2103.11, Regulation 2103.13, Regulation 2103.15—effective October 20, 1995. (3) Regulation 2103.14—effective January 12, 2001. (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(209)(i) of this section. (210) Revisions to the Pennsylvania Regulations which include amendments to the 2001 Pittsburgh-Beaver Valley ozone maintenance plan submitted on April 11, 2003 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of April 11, 2003 from the Pennsylvania Department of Environmental Protection transmitting revisions to the Pittsburgh-Beaver Valley ozone maintenance plan. (B) Amendments to the Pittsburgh-Beaver Valley ozone maintenance plan which add sections E–2 and E–3, effective April 2003. (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(210)(i) of this section. (211) Revisions to the Pennsylvania Emission Inspection Program Regulations to adopt revised alternative final ASM test cutpoints submitted on July 23, 2003 by the Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of July 23, 2003 from the Secretary of the Department of Environmental Protection transmitting a regulatory amendment to the motor vehicle emissions testing program to adopt an alternative set of final ASM test cutpoints developed by EPA. (B) Revisions to Chapter 177, Appendix A, Section 1 of the Pennsylvania motor vehicle emission inspection program regulations (codified in the Pennsylvania Code at Title 67, Part I, Subpart A, Article VII), effective on May 24, 2003. (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(211)(i) of this section. (212) Revisions to the Pennsylvania Regulations pertaining to VOC and NOX RACT for major sources submitted on July 2, 2003 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of July 2, 2003 by the Pennsylvania Department of Environmental Protection transmitting source-specific NOX and VOC RACT determinations. (B) The following operating permits (OP): (1) GPU Generation Corp., Homer City Station, Indiana County, 32–000–055, effective October 29, 1998. (2) GPU Generation Corp., Seward Station, Indiana County, 32–000–040, effective April 30, 1998. (3) Ebensburg Power Company, Ebensburg Cogeneration Plant, Cambria County, 11–000–318, effective March 28, 2001. (4) Sithe Pennsylvania Holdings LLC, Warren Station, Warren County, OP–62–012B, effective January 20, 2000. (5) Pennsylvania Power & Light Company, Sunbury SES, Snyder County, OP–55–0001A, effective July 7, 1997. (6) Lakeview Landfill, Erie County, OP–25–920, effective May 29, 1997. (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(212)(i) of this section. (213) Revisions pertaining to NOX and VOC RACT for National Fuel Gas Supply Corporation's Roystone Compressor Station, located in Sheffield, Warren County, Pennsylvania; and Crompton Corporation's facility located in Fairview Township, Butler County, Pennsylvania submitted by the Secretary of the Pennsylvania Department of the Environment on July 2, 2003. (i) Incorporation by reference. (A) Letter submitted on July 2, 2003, by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of operating permits: (B) Operating permit (OP): (1) National Fuel Gas Supply Corp., Roystone Compressor Station, Sheffield, Warren County, OP 62–141F, effective date April 1, 2003. (2) Crompton Corporation, Fairview Township, Butler County, OP 10–037, effective date June 4, 2003. (ii) Additional Material—Additional materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(213)(i) of this section. (214) Revisions to the Pennsylvania Regulations pertaining to VOC and NOX RACT for major sources submitted on July 2, 2003 by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Letter of July 2, 2003 from the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations in the form of plan approvals or operating permits. (B) Plan Approval (PA); Operating Permit (OP): (1) Andritz, Inc., Lycoming County, 41–00010C, effective April 30, 2003. (2) Brodart Company, Clinton County, 18–0007A, effective April 8, 2003. (3) Erie Sewer Authority, Erie County, OP–25–179, effective June 5, 2003. (ii) Additional Material.—Remainder of the State submittals pertaining to the revisions listed in paragraph (c)(214)(i) of this section. (215) The PM10 Redesignation and Maintenance Plan for the Liberty Borough area of Allegheny County, Pennsylvania nonattainment area submitted on October 28, 2002 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of October 28, 2002 from the Pennsylvania Department of Environmental Protection transmitting the redesignation request and maintenance plan for the PM10 nonattainment area in the Liberty Borough area of Allegheny County, Pennsylvania. (B) Maintenance Plan for the Liberty Borough PM10 nonattainment area consisting of Part IV, “Maintenance Plan—Redesignation Criterion 4”; Part I, “Attainment of the Standard—Redesignation Criterion I,” Section B, Figure 3a—”Countywide Network of PM10 Monitors, (Current)”, Section C “Modeled Attainment”; Part VI “Documentation of Administrative Procedures,” Section F “Certification of Approval and Adoption”; Appendix B : “Attainment Inventory”; Appendix C: “Mon-Fayette Expressway Alignment”; Appendix D: “Employment Forecasts”; Appendix E: “Census and Population Forecasts,” dated October 4, 2002 and effective September 14, 2002. (ii) Additional material. (A) Remainder of the October 28, 2002 State submittal(s) pertaining to the revisions listed in paragraph (c)(215)(i) of this section. (B) Additional material submitted by the State on June 20, 2003 which consisted of minor corrections to the PM10 ambient air quality data included in the redesignation request. (216) Revisions to the Allegheny portion of the Pennsylvania State Implementation Plan (SIP) submitted on August 15, 2003 by the Pennsylvania Department of Environmental Protection consisting of a regulatory change to Article XXI, section 2104.03, Sulfur Oxide Emissions, a modeled demonstration of attainment of the national ambient air quality standards (NAAQS) for SO2 in the Hazelwood and Monongahela River Valley areas of Allegheny County, and the SO2 Maintenance Plan for these areas associated with their redesignation to attainment: (i) Incorporation by reference. (A) Letter of August 15, 2003 from the Pennsylvania Department of Environmental Protection transmitting a regulatory change to the allowable sulfur oxide emission limits for fuel burning equipment, a modeled demonstration of attainment, and the maintenance plan for the Hazelwood and Monongahela River Valley areas of Allegheny County, Pennsylvania. (B) Maintenance Plan for Sulfur Dioxide for Southwestern Pennsylvania, Parts I through V, and Appendices A and B, dated August 2001, and effective July 10, 2003. (C) Revisions to section 2104.03 of Article XXI, Rules and Regulations of the Allegheny County Health, effective July 10, 2003. (ii) Additional Material. (A) Remainder of the August 15, 2003 State submittal pertaining to the revisions listed in paragraph (c)(216)(i) of this section. (B) Additional material submitted by the Pennsylvania Department of Environmental Protection on February 12, 2004, which consists of minor clarifications to the Summary and Responses document from the public hearing, and a letter dated February 6, 1992 which was referenced but not included in the August 15, 2003 SIP revision submittal. (217) Revisions to the Pennsylvania Regulations pertaining to NOX RACT for a major source submitted on August 15, 2003 by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Letter of August 15, 2003 from the Pennsylvania Department of Environmental Protection transmitting source-specific NOX RACT determinations. (B) Operating Permit (OP) for Hercules Cement Company, Northampton County, 48–0005A, effective April 16, 1999. (ii) Additional Material—Other materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the source listed in paragraph (c)(217)(i)(B) of this section. (218) Revisions pertaining to VOC and NOX RACT for Tennessee Gas Pipeline Company, Station 321, located in Susquehanna County, Pennsylvania; and Tennessee Gas Pipeline Company, Station 219, located in Mercer County, Pennsylvania submitted by the Secretary of the Pennsylvania Department of Environmental Protection on August 15, 2003. (i) Incorporation by reference. (A) Letter submitted on August 15, 2003 by the Pennsylvania Department of Environmental Protection transmitting source-specific VOC and/or NOX RACT determinations, in the form of operating permits: (B) Operating permit (OP): (1) Tennessee Gas Pipeline Company, Station 321, Susquehanna County, OP–58–0001A, effective date April 16, 1999. (2) Tennessee Gas Pipeline Company, Station 219, Mercer County, OP–43–0272, effective date April 7, 1998. (ii) Additional Material—Additional materials submitted by the Commonwealth of Pennsylvania in support of and pertaining to the RACT determinations for the sources listed in paragraph (c)(218)(i) of this section. (219)–(221) [Reserved] (222) Revisions to Pennsylvania's 1-hour ozone maintenance plan for the Reading area to amend the contingency measures and to revise the attainment year mobile emissions inventories and the 2004 and 2007 motor vehicle emission budgets to reflect the use of MOBILE6. These revisions were submitted by the Commonwealth of Pennsylvania's Department of Environmental Protection to EPA on December 9, 2003. (i) Incorporation by reference. (A) Letter of December 9, 2003 from the Secretary of the Pennsylvania Department of Environmental Protection transmitting revisions to Pennsylvania's 1-hour ozone maintenance plan for the Reading area. (B) Document entitled “Revision to the State Implementation Plan for the Reading Area (Berks County).” This document, dated November 2003, establishes the following: (1) Revisions to the Reading area's 1-hour ozone maintenance plan, establishing revised motor vehicle emissions budgets of 17.02 tons/day of volatile organic compounds (VOC) and 28.99 tons/day of oxides of nitrogen (NOX) for 2004; and motor vehicle emissions budgets of 13.81 tons/day of VOC and 23.06 tons/day of NOX for 2007. (2) Revision to the Reading area's 1-hour ozone maintenance plan which moves the Inspection and Maintenance program from the contingency measures portion of the plan and to make it part of the maintenance strategy. (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(222)(i) of this section. (223) [Reserved] (224) The SO2 Redesignation Request and Maintenance Plan for Conewango Township, Pleasant Township, Glade Township, and the City of Warren in Warren County, Pennsylvania, submitted on May 7, 2004, by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of May 7, 2004 from the Pennsylvania Department of Environmental Protection transmitting the redesignation request and the maintenance plan for the SO2 nonattainment areas of Conewango Township, Pleasant Township, Glade Township, and the City of Warren, in Warren County, Pennsylvania. (B) The Conewango Township, Pleasant Township, Glade Township, and City of Warren, Warren County Sulfur Dioxide Maintenance Plan, dated May, 2004. (ii) Additional Material. (A) Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(224)(i) of this section. (B) Letter of March 15, 2004 from the Pennsylvania Department of Environmental Protection, transmitting the redesignation request and maintenance plan for the Conewango Township, Pleasant Township, Glade Township, and the City of Warren, and the request to change the status of Mead Township and Clarendon Borough. (225) [Reserved] (226) Revisions to Pennsylvania's 1-hour ozone maintenance plan for the Pittsburgh-Beaver Valley area to revise the highway mobile emissions and the motor vehicle emission budgets to reflect the use of MOBILE6. These revisions were submitted by the Commonwealth of Pennsylvania's Department of Environmental Protection on April 22, 2004. (i) Incorporation by reference. (A) Letter of April 22, 2004 from the Pennsylvania Department of Environmental Protection transmitting a revision to Pennsylvania's 1-hour ozone maintenance plan for the Pittsburgh-Beaver Valley area. (B) Document entitled, “Revision to the State Implementation Plan for the Pittsburgh-Beaver Valley Area—Revised Highway Vehicle Emissions Budgets” dated April, 2004. The document revises the Pittsburgh-Beaver Valley 1-hour ozone maintenance plan, establishing revised motor vehicle emission budgets of 74.03 tons/day of volatile organic compounds (VOC) and 140.63 tons/day of nitrogen oxides (NOX) for 2004, 60.42 tons/day of VOC and 110.37 tons/day of NOX for 2007, and 45.68 tons/day of VOC and 77.09 tons/day of NOX for 2011. (ii) Additional Material. Remainder of the Commonwealth's April 22, 2004 submittal pertaining to the revision listed in paragraph (c)(226)(i) of this section. (227) Revisions pertaining to the control of volatile organic compound emissions from architectural and industrial maintenance coatings submitted on December 3, 2003 and October 19, 2004 by the Commonwealth of Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letters of December 3, 2003 and October 19, 2004 from the Pennsylvania Department of Environmental Protection transmitting Pennsylvania's Architectural and Industrial Maintenance Coatings regulations. (B) 25 Pa. Code Chapter 130, Subchapter C. Architectural and Industrial Maintenance Coatings, Subsections 130.601–130.611, inclusive, effective October 25, 2003. (ii) Additional Material.—Remainder of the Commonwealth's submittals pertaining to the revisions listed in paragraph (c)(227)(i) of this section. (228) [Reserved] (229) Revisions to the Pennsylvania Regulations, Chapter 130, Subchapter A pertaining to volatile organic compound control requirements for portable fuel containers submitted on March 26, 2003 by the Pennsylvania Department of Environmental Protection. (i) Incorporation by reference. (A) Letter of March 26, 2003 from the Pennsylvania Department of Environmental Protection transmitting the Pennsylvania regulations for portable fuel containers. (B) 25 Pa Code Chapter 130 Subchapter A. Portable Fuel Containers, Sections 130.101–130.108, inclusive, effective on October 5, 2002. (ii) Additional Material. Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(229)(i) of this section. (230) Revisions pertaining to the control of volatile organic compound emissions from consumer products submitted on March 26, 2003 by the Pennsylvania Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of March 26, 2003 from the Pennsylvania Department of Environmental Protection transmitting Pennsylvania's consumer products regulations. (B) 25 PA Code Chapter 130 Subchapter B. Consumer Products, effective on October 5, 2002, consisting of Sections 130.201 and 130.202, 130.211 through 130.216, 130.331 through 130.337, 130.351 and 130.352, 130.371 through 130.373, 130.391 and 130.392, 130.411 and 130.414, 130.431, 130.451 through 130.465, and 130.471. (ii) Additional Material. Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(230)(i) of this section. [38 FR 16567, June 22, 1973] Editorial Note: For Federal Register citations affecting §52.2063, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart OO—Rhode Island top § 52.2070 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for Rhode Island under section 110 of the Clean Air Act, 42 U.S.C. 7401–7671q and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraph (c) and (d) of this section with an EPA approval date prior to April 23, 2003, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after April 23, 2003, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of April 23, 2003. (3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at One Congress Street, Suite 1100, Boston, MA 02114–2023; the EPA, Office of Air and Radiation Docket and Information Center, Room B–108, 1301 Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA-Approved Rhode Island Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanations date ---------------------------------------------------------------------------------------------------------------- Air Pollution Control Regulation Visible emissions... 02/22/77 05/07/81, 46 FR 1. 25446 Air Pollution Control Regulation Handling of soft 02/22/77 05/07/81, 46 FR 2. coal. 25446 Air Pollution Control Regulation Particulate 02/22/77 05/07/81, 46 FR 3. emissions from 25446. industrial processes. Air Pollution Control Regulation Open fires.......... 02/22/77 05/07/81, 46 FR 4. 25446 Air Pollution Control Regulation Fugitive dust....... 02/22/77 05/07/81, 46 FR 5. 25446 Air Pollution Control Regulation Continuous emission 11/22/89 09/30/91, 56 FR RI Air Pollution 6. monitors. 49416. Control Regulation Number 6 is also referred to by the title ``Opacity Monitors''. Air Pollution Control Regulation Emission of air 07/19/77 05/07/81, 46 FR 7. contaminants 25446 detrimental to persons or property. Air Pollution Control Regulation Sulfur content of 05/02/85 01/08/86, 51 FR 756 8. fuels. Air Pollution Control Regulation Air pollution 04/08/96 12/02/99, 64 FR Definition of VOC 9. control permits. 67500. revised. All of No. 9 is approved with the exception of Sections 9.13, 9.14, 9.15, and Appendix A which Rhode Island did not submit as part of SIP revision. Air Pollution Control Regulation Air pollution 02/22/77 05/07/81, 46 FR 10. episodes. 25446 Air Pollution Control Regulation Petroleum liquids 01/31/93 12/17/93, 58 FR 11. marketing and 65933 storage. Air Pollution Control Regulation Incinerators........ 04/22/81 04/26/82, 47 FR 12. 17817 Air Pollution Control Regulation Particulate 10/05/82 03/29/83, 48 FR 13. emissions from 13027 fossil fuel fired steam or hot water generating units. Air Pollution Control Regulation Record keeping and 04/08/96 12/02/99, 64 FR Definition of VOC 14. reporting. 67500. revised. Air Pollution Control Regulation Control of organic 04/08/96 12/02/99, 64 FR Limited approval. 15. solvent emissions. 67500. Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 15 is approved with the except of 15.2.2 which Rhode Island did not submit as part of the SIP revision. Air Pollution Control Regulation Operation of air 02/22/77 05/07/81, 46 FR 16. pollution control 25446 systems. Air Pollution Control Regulation Odors............... 02/22/77 05/07/81, 46 FR 17. 25446 Air Pollution Control Regulation Control of Emissions Withdrawn 12/02/99, 64 FR No. 18 is superseded 18. from Organic 67500. by No. 36. Solvent Cleaning. Air Pollution Control Regulation Control of Volatile 03/07/96 12/02/99, 64 FR Definition of VOC 19. Organic Compounds 67500. revised. Wood from Surface products Coating Operations. requirements deleted because state adopted new Regulation No. 36 which addresses wood products. Except 19.2.2. Air Pollution Control Regulation Control of Volatile 04/08/96 12/02/99, 64 FR Applicability 21. Organic Compounds 67500. threshold decreased from Printing to 50 tpy. Operations. Definition of VOC revised. All on No. 21 is approved with the exception of Section 21.2.3 which the State did not submit as part of the SIP revision. Air Pollution Control Regulation Control of VOC 04/08/96 12/02/99, 64 FR Definition of VOC 25. Emissions from 67500. revised. All of No. Cutback and 25 is approved with Emulsified Asphalt. the exception of Section 25.2.2 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation Control of Organic 04/08/96 12/02/99, 64 FR Definition of VOC 26. Solvent Emissions 67500. revised. All of No. from Manufacture of 26 is approved with Synthesized the exception of Pharmaceutical 26.2.3 which the Products. state did not submit as part of the SIP revision. Air Pollution Control Regulation Control of nitrogen 01/16/96 09/02/97, 62 FR 27. oxide emissions. 46202 Air Pollution Control Regulation Emissions Caps...... 04/28/95 03/22/96, 61 FR This rule limits a 29.3. 11735. source's potential to emit, therefore avoiding RACT, Title V Operating Permit. Air Pollution Control Regulation Control of VOCs from 04/08/96 12/02/99, 64 FR Definition of VOC 30. Automotive 67500. revised. All of No. Refinishing 30 is approved with Operations. the exception of Section 30.2.2 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation Control of VOCs from 04/08/96 12/09/99, 64 FR Definition of VOC 31. Commercial and 67500. revised. All of No. Consumer Products. 31 is approved with the exception of Section 31.2.2 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation Control of VOCs from 04/08/96 12/02/99, 64 FR Definition of VOC 32. Marine Vessel 67501. revised. All of No. Loading Operations. 32 is approved with the exception of Section 32.2.2 which the State did not submit as part of the SIP revision. Air Pollution Control Regulation Control of VOCs from 04/08/96 12/02/99, 64 FR Definition of VOC 33. Architectural 67501. revised. All of No. Coatings and 33 is approved with Industrial the exception of Maintenance Section 33.2.2 Coatings. which the state did not submit as part of the SIP revision. Air Pollution Control Regulation Rhode Island Motor 03/30/00 02/09/01, 66 FR 9663 Department of 34. Vehicle Inspection/ Environmental Maintenance Program. Management regulation containing I/M standards. Air Pollution Control Regulation Control of VOCs and 07/07/96 12/02/99, 64 FR All of No. 35 is 35. Volatile Hazardous 67501. approved with the Air Pollutants from exception of Wood Products Section 35.2.3 Manufacturing which the state did Operations. not submit as part of the SIP revision. Air Pollution Control Regulation Control of Emissions 04/18/96 12/02/99, 64 FR All of No. 36 is 36. from Organic 67501. approved with the Solvent Cleaning. exception of Section 36.2.2 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation Rhode Island's Low 12/07/99 03/09/00, 65 FR Includes National 37. Emission Vehicle 12480. LEV as a compliance Program. alternative. Air Pollution Control Regulation Nitrogen Oxides 06/10/98 06/02/99, 64 FR 38. Allowance Program. 29567. Air Pollution Control Regulation NOX Budget Trading 10/01/99 12/27/00, 65 FR 41. Program. 81748. Rhode Island Motor Vehicle Safety Rhode Island Motor 01/31/01 02/09/01, 66 FR 9663 Department of and Emissions Control Regulation Vehicle Inspection/ Administration No. 1. Maintenance Program. regulations for the I/M program. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State Source specific requirements. EPA-Approved Rhode Island Source Specific Requirements ---------------------------------------------------------------------------------------------------------------- State Name of source Permit No. effective EPA approval date Explanations date ---------------------------------------------------------------------------------------------------------------- Narragansett Electric Company A.H. File No. 83-12- 08/29/03 07/27/84, 49 FR Revisions to Air South Street Station in AP. 30177. Pollution Control Providence. Regulation 8, ``Sulfur Content of Fuels,'' specifying maximum sulfur-in- coal limits (1.21 lbs/MMBtu on a 30- day rolling average and 2.31 lbs/MMBtu on a 24-hour average). These revisions approve Section 8.3.4, ``Large Fuel Burning Devices Using Coal,'' for South Street Station only. Stanley Bostitch, Bostitch A.H. File No. 85-8- 06/06/85 12/11/86, 51 FR RI DEM and Bostitch Division of Textron. AP. 44604. administrative consent agreement effective 6/6/85. Requires Bostitch to reformulate certain solvent- based coatings to low/no solvent formulation by 12/ 31/86. Also addendum dated 9/20/ 85 defining emission limitations reformulated coatings must meet. (A) An administrative consent agreement between the RI DEM and Bostitch Division of Textron. (B) A letter to Bostitch Division of Textron from the RI DEM dated September 20, 1985 which serves as an addendum to the consent agreement. The addendum defines the emission limitations which Bostitch's Division of Textron reformulated coatings. Keene Corporation, East A.H. File No. 85-10- 09/12/85 08/31/87, 52 FR 2793 RI DEM and Keene Providence, RI. AP. Corporation administrative consent agreement effective 9/12/85 Granting final compliance date extension for the control of organic solvent emissions from sixpaper coating lines. (A) Letter from the RI DEM dated November 5, 1985 submitting revisions to the RI SIP. (B) An administrative consent agreement between the RI DEM and Keene Corporation. Tech Industries.................. File No. 86-12-AP... 11/24/87 03/10/89, 54 FR RI DEM and Tech 10147. Industries original administrative consent agreement (86-12-AP) [except for provisions 7 and 8) effective 6/ 12/86, an addendum effective 11/24/87, defining and imposing reasonably available control technology to control volatile organic compounds. (A) An administrative consent agreement (86-12-AP), except for Provisions 7 and 8, between the RI DEM and Tech Industries effective June 12, 1986. (B) An addendum to the administrative consent agreement (86-12-AP) between the RI DEM and Tech Industries. The addendum was effective November 24, 1987. (C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 submitted to the EPA by the RI DEM. University of Rhode Island....... A.P. File No. 87-5- 03/17/87 09/19/89, 54 FR Revisions to the SIP AP. 38517. submitted by the RI DEM on April 28, 1989, approving a renewal of a sulfur dioxide bubble for the University of Rhode Island University of Rhode Island....... File No. 95-50-AP... 03/12/96 09/02/97, 62 FR An administrative 46202. consent agreement between RIDEM and University of Rhode Island, Alternative NOx RACT (RI Regulation 27.4.8) Providence Metalizing in File No. 87-2-AP.... 04/24/90 09/06/90, 55 FR Define and impose Pawtucket, Rhode Island. 36635. RACT to control volatile organic compound emissions. (A) Letter from the RIDEM dated April 26, 1990, submitting a revision to the RI SIP. (B) An administrative consent agreement (87-2-AP) between the RI DEM and Providence Metallizing effective July 24, 1987. (C) An amendment to the administrative consent agreement (87-2-AP) between the RI DEM and Providence Metallizing effective May 4, 1989. (D) An addendum to the administrative consent agreement (87-2-AP) between the RI DEM and Providence Metallizing effective April 24, 1990. Tillotson-Pearson in Warren, File No. 90-1-AP.... 06/05/90 08/31/90, 55 FR Revisions to the SIP Rhode Island. 35623. submitted by the RI DEM on May 24, 1990, to define and impose RACT to control volatile organic compound emissions. (A) Letter from the RI DEM dated May 24, 1990 submitting a revision to the RI SIP. (B) An Administrative consent agreement (90-1-AP) between the RI DEM and Tillotson-Pearson. Rhode Island Hospital............ File No. 95-14-AP... 11/27/95 09/02/97, 62 FR Alternative NOx 46202. RACT. An administrative consent agreement between the RI DEM and RI Hospital. Osram Sylvania Incorporated...... File No. 96-06-AP; 09/04/96 09/02/97, 62 FR Alternate NOx RACT. Air Pollution 46202. (A) An Permit Approval, Administrative No. 1350.. consent agreement between the RI DEM and Osram Sylvania Incorporated, file no. 96-06-AP, effective September 4, 1996. (B) An air pollution Permit approval, no. 1350 Osram Sylvania Incorporated Issued by RIDEM effective May 14, 1996. Algonquin Gas Transmission File No. 95-52-AP... 12/05/95 09/02/97, 62 FR Alterate NOx RACT. Company. 46202. (A) Letter from the RI DEM dated September 17, 1996 submitting a revision to the RI SIP. (B) An administering consent agreement between RIDEM and Algonquin Gas Transmission Company, effective on December 5, 1995. Bradford Dyeing Association, Inc. File No. 95-28-AP... 11/17/95 09/02/97, 62 FR Alternative NOx 46202. RACT. An administrative consent agreement between RIDEM and Bradford Dyeing Association, Inc. Hoechst Celanese Corporation..... File No. 95-62-AP... 11/20/95 09/02/97, 62 FR Alternative NOx 46202. RACT. An administrative consent agreement between RIDEM and Hoechst Celanese Corporation. Naval Education and Training File No. 96-07-AP... 03/04/96 09/02/97, 62 FR Alternative NOx Center in Newport. 46202. RACT. An administrative consent agreement between RIDEM and Naval Education and Training Center in Newport. Rhode Island Economic Development File No. 96-04-AP... 09/02/97 06/02/99, 64 FR Alternative NOx 29567. RACT. A consent agreement between RIDEM and Rhode Island Economic Development Corporation's Central Heating Plant in North Kingstown. Cranston Print Works............. A.H. File No. 95-30- 12/19/95 12/02/99, 64 FR Non-CTG VOC RACT AP. 67501. Determination. CCL Custom Manufacturing......... A.H. File No. 97-02- 04/10/97 12/02/99, 64 FR Non-CTG VOC RACT AP. 10/27/99 67501. Determination. Victory Finishing Technologies... A.H. File No. 96-05- 05/24/96 12/02/99, 64 FR Non-CTG VOC RACT AP. 67501. Determination. Quality Spray and Stenciling..... A.H. File No. 97-04- 10/21/97 12/02/99, 64 FR Non-CTG VOC RACT AP. 07/13/99 67501. Determination. Guild Music...................... A.H. File No. 95-65- 11/09/95 12/02/99, 64 FR Non-CTG VOC RACT AP. 67501. Determination. ---------------------------------------------------------------------------------------------------------------- (e) Nonregulatory. Rhode Island Non Regulatory ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State submittal date/ provision nonattainment effective date EPA approved date Explanations area ---------------------------------------------------------------------------------------------------------------- Notice of public hearing.... Statewide...... Submitted 02/09/72 06/15/72, 37 FR 11911 Proposed Implementation Plan Regulations, RI Department of Health. Miscellaneous non-regulatory Statewide...... Submitted 02/29/72 07/27/72, 37 FR 15080 Approval and additions to the plan promulgation correcting minor of deficiencies.. Implementation Plan Miscellaneous Amendments, RI Department of Health. Compliance schedules........ Statewide...... Submitted 04/24/73 06/20/73, 38 FR 16144 Submitted by RI Department of Health. AQMA identifications for the Statewide...... Submitted 04/11/74 04/29/75, 40 FR 18726 Submitted by RI State of Rhode Island. Department of Health. Letter identifying Metropolitan Submitted 09/06/74 04/29/75, 40 FR 18726 Submitted by Metropolitan Providence as Providence. the Governor. an AQMA. A comprehensive air quality Statewide...... Submitted 01/08/80 01/15/81, 46 FR 3516 Submitted by monitoring plan, intended the RI to meet requirements of 40 Department of CFR part 58. Environmental Management Director. Attainment plans to meet the Statewide...... Submitted 05/14/79, 06/ 05/07/81, 46 FR 25446 Attainment requirements of Part D of 11/79, 08/13/79, 01/08/ plans to meet the Clean Air Act, as 80, 01/24/80, 03/10/ the amended in 1977. Included 80, 03/31/80, 04/21/ requirements are plans to attain the 80, 06/06/80, 06/13/ of Part D of carbon monoxide and ozone 80, 08/20/80, 11/14/ the Clean Air standards and information 80, 03/04/81, 03/05/81 Act, as allowing for the re- and amended in designation of Providence 04/16/81 1977. to non-attainment for the primary TSP standard based on new data. A program for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions unrelated to Part D are also included. Section VI, Part II, Statewide...... Submitted 05/14/82; and 06/28/83, 48 FR 29690 As submitted by ``Stationary Source 07/01/82 RI DEM on May Permitting and 14, 1982 and Enforcement'' of the July 1, 1982 narrative. for review of new major sources and major modifications in nonattainment areas. Also included are revisions to add rules for banking emission reductions. Revisions to the Rhode Statewide...... Submitted 05/14/82; 07/ 07/06/83, 48 FR 31026 Submitted by Island State Implementation 01/82; 07/07/82; 10/04/ the Department Plan for attainment of the 82; and of primary National Ambient 03/02/83 Environmental Air Quality Standard for Management. ozone. 1982 Ozone Attainment Plan.. Revisions to attain and Statewide...... Submitted 07/07/83 09/15/83, 48 FR 41405 Submitted by maintain the lead NAAQS. the Department of Environmental Management. Section VI, Part II of the Statewide...... Submitted 02/06/84; 01/ 07/06/84, 49 FR 27749 To incorporate associated narrative of the 27/84; and the RI SIP. 06/06/84 requirements for the Prevention of Significant Deterioration of 40 CFR 51.24, permitting major stationary sources of lead and other miscellaneous changes. Letter from RI DEM Statewide...... Submitted 01/14/94; and 10/30/96, 61 FR 55897 A revision to submitting an amendment to 06/14/94 the RI SIP the RI State Implementation regarding Plan. ozone Section VII of the RI SIP monitoring. RI Ambient Air Quality will modify Monitoring. its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements. Letter from RI DEM Statewide...... Submitted 03/15/94 10/30/96, 61 FR 55903 Revision to the submitting revisions. RI SIP regarding the States' Contingency Plan. Letter from RI DEM Statewide...... Submitted 03/15/94 04/17/97, 62 FR 18712 The revisions submitting revision_Rhode consist of the Island's 15 Percent Plan State's 15 and Contingency Plan. Percent Plan and Contingency Plan. EPA approved only the following portions of these submittals: 15 Percent Plan_the EPA approved the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating, printing operations, marine vessel loading, plant closures (0.79 tons per day approved out of 0.84 claimed), cutback asphalt, auto refinishing, stage II, reformulated gas in on-road and off-road engines, and tier I motor vehicle controls. Contingency Plan_the EPA approved the calculation of the required emission reduction, and a portion of the emission reduction credits claimed from Consumer and Commercial products (1.1 tons per day approved out of 1.9 tons claimed), and architectural and industrial maintenance (AIM) coatings (1.9 tons per day approved out of 2.4 tons claimed). EPA concurrently disapproved portions of these SIP submissions, as discussed within Section 52.2084(a)(2). Letter from RI DEM Providence (all 10/05/94 3/09/00, 65 FR 12476 ............... submitting revision for of Rhode Clean Fuel Fleet Island) Substitution Plan. nonattainment area. Letter outlining commitment Statewide...... 02/22/99 03/09/00, 65 FR 12476 Includes to national LEV. details of the State's commitment to National LEV. Negative Declaration for Statewide...... Submitted 04/05/95 12/02/99, 65 FR 67495 Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation and Reactor Processes Control Techniques Guidelines Categories. October 1, 1999, letter from Statewide...... Submitted October 1, 12/27/00, Submitted Air Rhode Island Department of 1999 65 FR 81748 Pollution Environmental Management. Control Regulation No. 14, ``NOX Budget Trading Program,'' and the ``NOX State implementation Plan (SIP) Call Narrative.'' ``NOX State implementation Statewide...... Submitted October 1, 12/27/00, 65 FR 81748 ............... Plan (SIP) Call 1999 Narrative,'' September 22, 1999. November 9, 1999, letter Statewide...... Submitted November 9, 12/27/00, Stating RI's from Rhode Island 1999 65 FR 81748 intent to Department of Environmental comply with Management. applicable reporting requirements. Negative Declaration for Statewide...... Submitted 3/28/00 7/10/00, 65 FR 42292 ............... Aerospace Coating Operations Control Techniques Guideline Category. September 20, 2001 letter Statewide...... Submitted September 20, June 20, 2003, 68 FR Submitting the from Rhode Island 2001 36925 ``NOX State Department of Environmental Implementation Management. Plan (SIP) Call Narrative,'' revised September 2001. NOX State Implementation Statewide...... Submitted September 20, 6/20/03, 68 FR 36925 ............... Plan (SIP) Call Narrative, 2001 revised September 2001. ---------------------------------------------------------------------------------------------------------------- [64 FR 43085, Aug. 9, 1999, as amended at 64 FR 67500, Dec. 2, 1999; 65 FR 12476, 12480, Mar. 9, 2000; 65 FR 42292, July 10, 2000; 65 FR 81748, Dec. 27, 2000; 66 FR 9663, Feb. 9, 2001; 68 FR 34814, June 11, 2003; 68 FR 36925, June 20, 2003] § 52.2071 Classification of regions. top The Rhode Island plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Metropolitan Providence Interstate........................ I I III I I ---------------------------------------------------------------------------------------------------------------- [37 FR 10891, May 31, 1972, as amended at 38 FR 34325, Dec. 13, 1973; 39 FR 16347, May 8, 1974; 46 FR 25460, May 7, 1981] § 52.2072 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Rhode Island's plan, as identified in §52.2070 of this subpart, for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plan satisfies all requirements of Part D, Title I, of the Clean Air Act, as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by January 1, 1981 for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January as additional RACT requirements for sources covered by CTGs issued by the previous January. [46 FR 25460, May 7, 1981] § 52.2073 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the plan does not provide for public availability of emission data. (b) Regulation for public availability of emission data. (1) Information obtained from owner or operators of stationary sources pursuant to §52.2075 will be correlated with applicable emission limitations and other control regulations and will be made available for public inspection at the Rhode Island Department of Health, 204 Health Building, Providence, RI. [37 FR 10891, May 31, 1972, as amended at 41 FR 2232, Jan. 15, 1976; 51 FR 40676, Nov. 7, 1986] § 52.2074 Legal authority. top (a) The requirements of §51.230(e) of this chapter are not met. Authority to require recordkeeping is deficient to the extent that section 23–25–13 requires only those sources with an air pollution control program to keep records. (b) The requirements of §51.230(f) of this chapter are not met. Authority to release emission data to the public is deficient in that section 23–25–6 requires that only records concerning investigations be available to the public. Further, section 23–25–5(g) and section 23–25–13 may limit the State's authority to release emission data. Authority to require sources to install and maintain monitoring equipment is not provided and is therefore inadequate. Authority to require sources to periodically report is not provided and is therefore inadequate. [37 FR 10891, May 31, 1972, as amended at 39 FR 7283, Feb. 25, 1974; 39 FR 12350, Apr. 5, 1974; 51 FR 40676, Nov. 7, 1986] § 52.2075 Source surveillance. top (a) The requirements of §51.211 of this chapter are not met since the plan lacks adequate legal authority to require owners or operators of stationary sources to maintain records of, and periodically report information as may be necessary to enable the state to determine whether such sources are in compliance with applicable portions of the control strategy. (b) Regulation for source recordkeeping and reporting. (1) The owner or operator of all stationary sources which have the potential to emit a total of 100 tons or more per year of any one air contaminant for which there is a national standard shall maintain records of, and submit to the Director, data on operational processes, fuel usage, emission, stack parameters, boiler capacities, types of equipment generating air contaminants and air contaminant control devices that may be necessary to determine if the source is in compliance with applicable rules and regulations of the Department. Upon notification of the Administrator, or the Director of the Rhode Island Department of Health, sources with the potential to emit less than 100 tons per year of any air contaminant shall also be subject to the requirements of this paragraph. For the purposes of this paragraph, potential emissions shall be calculated at the design load assuming no control equipment is in use and fuel having a sulfur content of 2.2 percent by weight (dry basis) is being burned. (2) The information recorded by the owner or operator of a stationary source shall be summarized and reported to the Director of the Department of Health on forms furnished by him. They shall be submitted within 30 days following the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of the summarizing reports submitted to the Director shall be retained by the owner or operator for two years after the date on which the pertinent report is submitted. [41 FR 2232, Jan. 15, 1976, as amended at 51 FR 40677, Nov. 7, 1986] § 52.2076 Attainment of dates for national standards. top The following table presents the latest dates by which the national standards are to be attained. These dates reflect the information presented in Rhode Island's plan, except where noted. ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------------------------- Air quality control region SO ------------------------ PM10 NO2 CO O3 Primary Secondary ---------------------------------------------------------------------------------------------------------------- Rhode Island portion of AQCR 120 (Entire (a) (b) (a) (a) (a) (c) State of Rhode Island)................. ---------------------------------------------------------------------------------------------------------------- a Air quality levels presently better than primary standards or area is unclassifiable. b Air quality levels presently better than secondary standards or area is unclassifiable. c November 15, 2007. [50 FR 52461, Dec. 24, 1985, as amended at 68 FR 16724, Apr. 7, 2003] § 52.2078 Enforcement. top (a) Sections 23–25–5(h) and 23–25–8(a) of the General Laws of Rhode Island are disapproved insofar as they permit the Rhode Island Director of the Department of Health to issue abatement orders (1) that defer compliance with plan requirements beyond the dates required for attainment of the national standards, (2) without the approval of the Administrator, and (3) for reasons not permitted by the Clean Air Act. (b) Regulation limiting administrative abatement orders. (1) No order deferring compliance with a requirement of the Rhode Island Implementation Plan shall be issued by the Director of the Department of Health which does not meet the following requirements: (i) An order must require compliance with the plan requirement within the times and under the conditions specified in §51.261 (a) and (b) of this chapter. (ii) An order may not defer compliance beyond the last date permitted by section 110 of the Act for attainment of the national standard which the plan implements unless the procedures and conditions set forth in section 110(f) of the Act are met. (iii) An order shall not be effective until it has been submitted to and approved by the Administrator in accordance with §§51.104, 51.105, 51.261 and 51.262(a). (2) Notwithstanding the limitations of paragraph (b)(1)(ii) of this section, an order may be granted which provides for compliance beyond the statutory attainment date for a national standards where compliance is not possible because of breakdowns or malfunctions of equipment, acts of God, or other unavoidable occurrences. However, such order may not defer compliance for more than three (3) months unless the procedures and conditions set forth in section 110(f) of the Act are met. [38 FR 18879, 18880, July 16, 1973, as amended at 38 FR 30878, Nov. 8, 1973; 51 FR 40675, 40676, 40677, Nov. 7, 1986] § 52.2079 Requirements for state implementation plan revisions relating to new motor vehicles. top Rhode Island must comply with the requirements of §51.120. [60 FR 4738, Jan. 24, 1995] § 52.2080 Revisions. top (a) The revision procedures of the Rhode Island plan are not adequate since the plan does not expressly provide for revisions at the times and under the conditions set forth in §51.104 of this chapter. (b) Regulation for plan revisions. (1) The Rhode Island implementation plan shall be revised: (i) When necessary to take account of a revision of the national primary or secondary ambient air quality standard which it implements; (ii) When improved or more expeditious methods of attaining a national standard which it implements become available; (iii) When the Administrator finds that the plan is substantially inadequate to attain or maintain the national standard which it implements and issues notice of such finding pursuant to §51.104 of this chapter. (2) The Rhode Island implementation plan may be revised from time to time to the extent such revisions are consistent with the requirements applicable to implementation plans set forth in this chapter and the Act. (3) No revisions shall be effective until the hearing requirements of §51.102 of this chapter have been satisfied. [38 FR 18879, 18880, July 16, 1973, as amended at 38 FR 30878, Nov. 8, 1973; 51 FR 40675, Nov. 7, 1986] § 52.2081 EPA-approved EPA Rhode Island State regulations. top The following table identifies the State regulations which have been approved by EPA and incorporated by reference into the Rhode Island State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory requirements for a specific situation consult the plan identified in §52.2070. To the extent that this table conflicts with §52.2070, §52.2070 governs. Table 52.2081_EPA-Approved Rules and Regulations ---------------------------------------------------------------------------------------------------------------- Date Date Comments/ State Title/subject adopted by approved by FR citation 52.2070 Unapproved citation State EPA sections ---------------------------------------------------------------------------------------------------------------- Air pollution control regulation. ---------------------------------------------------------------------------------------------------------------- No. 1....... Visible emissions. 8/02/67 5/31/72 37 FR 10842........ (b) ------------------------------------------------------------------------------- 2/28/72 5/31/72 37 FR 10842........ (b) ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ---------------------------------------------------------------------------------------------------------------- No. 2....... Handfiring of soft 8/02/67 5/31/72 37 FR 10842........ (b) coal. ------------------------------------------------------------------------------- 2/28/72 5/31/72 37 FR 10842........ (b) ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ---------------------------------------------------------------------------------------------------------------- No. 3....... Particulate 8/02/67 5/31/72 37 FR 10842........ (b) emissions from industrial processes. ------------------------------------------------------------------------------- 2/28/72 5/31/72 37 FR 10842........ (b) ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ---------------------------------------------------------------------------------------------------------------- No. 4....... Open fires........ 8/02/67 5/31/72 37 FR 10842........ (b) ------------------------------------------------------------------------------- 10/01/71 5/31/72 37 FR 10842........ (b) ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ---------------------------------------------------------------------------------------------------------------- No. 5....... Fugitive dust..... 8/02/67 5/31/72 37 FR 10842........ (b) ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ---------------------------------------------------------------------------------------------------------------- No. 6....... Opacity monitors.. 8/02/67 5/31/72 37 FR 10842........ (b) ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12).... ------------------------------------------------------------------------------- 11/22/89 9/30/91 56 FR 49416........ (c)(37).... Amended Regulation No. 6. ---------------------------------------------------------------------------------------------------------------- No. 7....... Emission of air 8/02/67 5/31/72 37 FR 10842........ (b) contaminants detrimental to persons or property. ------------------------------------------------------------------------------- 7/19/77 5/07/81 46 FR 25446........ (c)(12) ---------------------------------------------------------------------------------------------------------------- No. 8....... Sulfur content of 10/01/71 5/31/72 37 FR 10842........ (b) fuels. ------------------------------------------------------------------------------- 5/28/74 11/03/75 40 FR 51044........ (c)(8) ------------------------------------------------------------------------------- ........... 1/21/81 46 FR 5980......... (c)(13).... Narragansett Electric Bubble. ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ------------------------------------------------------------------------------- ........... 12/30/81 46 FR 63043........ (c)(14).... Temporary Relaxation for Bradford Dye. ------------------------------------------------------------------------------- ........... 11/10/82 47 FR 50866........ (c)(16).... Temporary Relaxation for Kenyon Piece Dye Works. ------------------------------------------------------------------------------- 10/05/82 3/29/83 48 FR 13027........ (c)(17).... Conversion/ Conservation Incentive/Bubble. ------------------------------------------------------------------------------- 5/15/84 49 FR 20493 (c)(21)............ URI Bubble. ------------------------------------------------------------------------------- 8/29/83 7/27/84 49 FR 30177........ (c)(23).... Narragansett Electric (South Street). ------------------------------------------------------------------------------- 5/02/85 1/8/86 51 FR 756.......... (c)(24).... Requires sampling valve. ------------------------------------------------------------------------------- 12/16/85 8/1/86 51 FR 27538........ (c)(25).... Temporary relaxation for Seville Dyeing Corporation in Woon-socket. ------------------------------------------------------------------------------- 3/17/87 9/19/89 54 FR 38518........ (c)(34).... URI bubble renewal. ---------------------------------------------------------------------------------------------------------------- No. 9....... Approval to 10/03/71 5/31/72 37 FR 10842........ (b) construct, modify or operate. ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ------------------------------------------------------------------------------- 4/12/81 5/07/81 46 FR 25446........ (c)(12).... No action on 9.2.3(b) and 9.12. ------------------------------------------------------------------------------- 4/05/82 6/28/83 48 FR 29690........ (c)(18).... NSR fully approved, 9.12 Emission Banking approved. ------------------------------------------------------------------------------- 2/13/84 7/6/84 49 FR 27749........ (c)(22).... PSD fully approved, 9.2.3(b) approved. ------------------------------------------------------------------------------- 5/02/85 1/8/86 51 FR 756.......... (c)(24).... Additional BACT requirements. ------------------------------------------------------------------------------- 5/20/91 10/7/91 56 FR 50516........ (c)(38).... Addition of PSD NO2 increments. Air Pollution 3/4/93 2/6/96 61 FR 4356......... (c)(41).... Addition of NSR Control Permits. and other CAAA requirements under Amended Regulation No. 9 except for Chapters 9.13, 9.14, 9.15, and Appendix A. Air Pollution 7/30/96 6/2/99 64 FR 29566........ (c)(54).... 5 Control Permits. Air Pollution 7/30/96 6/2/99 64 FR 29563........ (c)(54).... Changes in 9.1.7, Control Permits. 9.1.18, and 9.5.1(c) to add Dual Source Definition. Changes in 9.1.24(b)(3), 9.5.2(b)(2)d(i), 9.5.1(d) and 9.5.1(f) to change Particulate Increment. Changes in 9.1.6 to revise BACT definition. ---------------------------------------------------------------------------------------------------------------- No. 10...... Air pollution 2/28/72 5/31/72 37 FR 10842........ (b) episodes. ---------------------------------------------------------------------------------------------------------------- 10/11/75 11/03/75 40 FR 51043........ (c)(6) ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ---------------------------------------------------------------------------------------------------------------- No. 11...... Petroleum liquids 2/22/77 5/07/81 46 FR 25446........ (c)(12) marketing and storage. ------------------------------------------------------------------------------- 7/05/79 5/07/81 46 FR 25446........ (c)(12) ------------------------------------------------------------------------------- 4/22/81 4/26/82 47 FR 17817........ (c)(15) ------------------------------------------------------------------------------- 1/20/87 9/1/87 52 FR 32920........ (c)(30).... Amended Regulation No. 11, Subsection 11.4.5. ------------------------------------------------------------------------------- 11/07/88, 6/2/89 54 FR 23661........ (c)(33).... Approves a 04/24/89 limitation on volatility of gasoline from June 30 to Sept. 15, 1989, and May 1 to Sept. 15 in subsequent years at Subsections 11.7.1 and 11.7.2. ------------------------------------------------------------------------------- 12/10/89 9/30/91 56 FR 49416........ (c)(37).... Amended Regulation No. 11. 1/11/93 12/17/93 58 FR 65933........ (c)(39).... Regulation revised to add new Stage II vapor recovery requirements. ---------------------------------------------------------------------------------------------------------------- No. 12...... Incinerators...... 2/28/72 6/22/73 38 FR 16351........ (c)(3) ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ------------------------------------------------------------------------------- 4/22/81 4/26/82 47 FR 17817........ (c)(15) ---------------------------------------------------------------------------------------------------------------- No. 13...... Particulate 1/17/73 10/23/73 38 FR 29296........ (c)(14) emissions from fossil fuel fired steam or hot water generating units. ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ------------------------------------------------------------------------------- 7/05/79 5/07/81 46 FR 25446........ (c)(12) ------------------------------------------------------------------------------- ........... 11/10/82 47 FR 50866........ (c)(16).... Temporary Relaxation for Kenyon Piece Dye Works. ------------------------------------------------------------------------------- 10/05/82 3/29/83 48 FR 13027........ (c)(17).... Conversion/ Conservation Incentive. ---------------------------------------------------------------------------------------------------------------- No. 14...... Record keeping and 5/14/73 1/15/76 41 FR 2231......... (c)(10) reporting. ------------------------------------------------------------------------------- 2/22/77 5/07/81 46 FR 25446........ (c)(12) ------------------------------------------------------------------------------- 7/05/79 5/07/81 46 FR 25446........ (c)(12) ------------------------------------------------------------------------------- 1/11/93 1/10/95 60 FR 2526......... (c)(42) ---------------------------------------------------------------------------------------------------------------- No. 15...... Control of organic 8/21/75 5/07/81 46 FR 25446........ (c)(12) solvent emissions. ------------------------------------------------------------------------------- 3/14/83 7/06/83 48 FR 31026........ (c)(19).... Includes 100 TPY RACT Reg/Generic Bubble Rule. ------------------------------------------------------------------------------- 6/6/85 12/11/86 51 FR 44605........ (c)(27).... RACT for Stanley Bostitch under 15.5. ------------------------------------------------------------------------------- 11/24/87 3/10/89 54 FR 10147........ (c)(32).... Consent Agreement imposing RACT on Tech Industries under 15.5 (Provisions 7 and 8 not approved). ------------------------------------------------------------------------------- 6/5/90 8/31/90 55 FR 35625........ (c)(36).... RACT determination for Tillotson- Pearson under 15.5. ------------------------------------------------------------------------------- 4/24/90 9/6/90 55 FR 36638........ (c)(35).... RACT determination/ Bubble for Providence Metallizing under 15.5. ------------------------------------------------------------------------------- 12/10/89 9/30/91 56 FR 49416........ (c)(37).... Amended Regulation No. 15, except subsections 15.1.16 and 15.2.2. ---------------------------------------------------------------------------------------------------------------- No. 16...... Operation of air 2/22/77 5/07/81 46 FR 25446........ (c)(12) pollution control system. ---------------------------------------------------------------------------------------------------------------- No. 17...... Odors............. 2/22/77 5/07/81 46 FR 25446........ (c)(12).... ---------------------------------------------------------------------------------------------------------------- No. 18...... Control of 7/5/79 5/07/81 46 FR 25446........ (c)(12) emissions from solvent metal cleaning. ------------------------------------------------------------------------------- 4/22/81 4/26/82 47 FR 17817........ (c)(15) ------------------------------------------------------------------------------- 12/10/89 9/30/91 56 FR 49416........ (c)(37).... Amended Regulation No. 18, except subsections 18.1.8, 18.2.1, 18.3.2(d), 18.3.3(f), and 18.5.2. ---------------------------------------------------------------------------------------------------------------- No. 19...... Control of VOCs 11/13/79 5/07/81 46 FR 25446........ (c)(12).... Conditional from surface approval. coating operations. ------------------------------------------------------------------------------- 4/05/82 7/06/83 48 FR 31026........ (c)(19).... Removes Conditions/ Generic Bubble Rule. ------------------------------------------------------------------------------- 9/12/85 8/31/87 52 FR 32794........ (c)(28).... Compliance date extension for Keene Corporation under 19.3. ------------------------------------------------------------------------------- 1/20/87 9/1/87 52 FR 32920........ (c)(30).... Amended Regulation No. 19, Subsection 19.7.1. ------------------------------------------------------------------------------- 5/29/85 9/28/87 52 FR 36250........ (c)(26).... Compliance date extension for James River Corp. in Johnston. ------------------------------------------------------------------------------- 12/31/86 2/10/88 53 FR 3890......... (c)(29).... Alternative RACT for Kenyon Industries under 19.3.3. ------------------------------------------------------------------------------- 12/10/89 9/30/91 56 FR 49416........ (c)(37).... Amended Regulation No. 19, except subsections 19.1.11, 19.2.2, and 19.3.2(a). ------------------------------------------------------------------------------- 10/30/92 10/18/94 59 FR 52429........ (c)(40).... All of No. 19 is approved with the exception of 19.2.2, and the last sentence of 19.1.1, which Rhode Island did not submit as part of the SIP revision. No. 19 was amended to change applicability and to add emission limitations for metal coil coating, metal furniture coating, magnet wire coating, large appliance coating, miscellaneous metal parts coating, wood products coating, and flat wood paneling coating. ---------------------------------------------------------------------------------------------------------------- No. 21...... Control of VOCs 4/05/82 7/06/83 48 FR 31026........ (c)(19).... Generic Bubble from printing Rule. operations. ------------------------------------------------------------------------------- 1/20/87 9/1/87 52 FR 32920........ (c)(30).... Amended Regulation No. 21, subsection 21.6.1. ------------------------------------------------------------------------------- 12/10/89 9/30/91 56 FR 49416........ (c)(37).... Amended Regulation No. 21, except subsections 21.1.15 and 21.2.2, and portion of 21.5.2(h) which states ``equivalent to'' in the parenthetical. ---------------------------------------------------------------------------------------------------------------- No. 25...... Control of 10/30/92 10/18/94 59 FR 52429........ (c)(40).... All of No. 25 is Volatile Organic approved, with Compound the exception of Emissions from 25.2.2, which was Cutback and not submitted by Emulsified Rhode Island as Asphalt. part of the SIP revision. ---------------------------------------------------------------------------------------------------------------- No. 26...... Control of Organic 10/30/92 10/18/94 59 FR 52429........ (c)(40).... All of No. 26 is Solvent Emissions approved, with from Manufacture the exception of of Synthesized 26.2.3, which was Pharmaceutical not submitted by Products. Rhode Island as part of the SIP revision. ---------------------------------------------------------------------------------------------------------------- No. 27...... Control of 9/2/97 6/2/99 64 FR 29570........ (c)(55).... Establishes Nitrogen Oxides alternative NOx Emissions. RACT for Rhode Island Economic Development Corporation in North Kingstown, RI. No. 29.3.... EMISSIONS......... 4/28/95 3/22/96 61 FR 11735........ (c)(45).... This rule limits a source's potential to emit, therefore avoiding RACT, title V operating permits. ---------------------------------------------------------------------------------------------------------------- No. 30...... Control of VOC 6/27/95 2/2/96 61 FR 3827......... (c)(44).... Control of VOC from Automobile From Automobile Refinishing Refinishing Operations. Operations. ---------------------------------------------------------------------------------------------------------------- No. 31...... Consumer and 3/11/94 10/30/96 61 FR 55903........ (c)(47).... VOC control reg. Commercial submitted as part Products. of State's Contingency Plan. Section 31.2.2 not approved. ---------------------------------------------------------------------------------------------------------------- No. 32...... Marine Vessels.... 3/11/94 4/4/96 60 FR 14978........ (c)(43).... All of No. 32 is approved with the exception of Section 32.2.2 which Rhode Island did not submit as part of the SIP revision. ---------------------------------------------------------------------------------------------------------------- No. 33...... Architectural and 3/11/94 10/30/96 61 FR 55903........ (c)(47).... VOC control reg. Industrial submitted as part Maintenance of State's Coatings. Contingency Plan Section 33.2.2 not approved. ---------------------------------------------------------------------------------------------------------------- No. 38...... Nitrogen Oxides 5/21/98 6/2/99 64 FR 29570........ (c)(55).... Adds ozone season Allowance Program. NOx emission limitations at certain stationary sources. ---------------------------------------------------------------------------------------------------------------- [50 FR 770, Jan. 7, 1985, as amended at 51 FR 756, Jan. 8, 1986; 51 FR 27538, Aug. 1, 1986; 51 FR 44605, Dec. 11, 1986; 52 FR 32794, Aug. 31, 1987; 52 FR 32920, Sept. 1, 1987; 52 FR 36250, Sept. 28, 1987; 53 FR 3890, Feb. 10, 1988; 54 FR 10147, Mar. 10, 1989; 54 FR 23661, June 2, 1989; 54 FR 38518, Sept. 19, 1989; 55 FR 35625, Aug. 31, 1990; 55 FR 36638, Sept. 6, 1990; 56 FR 49416, Sept. 30, 1991; 56 FR 50515, Oct. 7, 1991; 58 FR 65933, Dec. 17, 1993; 59 FR 52429, Oct. 18, 1994; 60 FR 2526, Jan. 10, 1995; 61 FR 3827, Feb. 2, 1996; 61 FR 4357, Feb. 6, 1996; 61 FR 11735, Mar. 22, 1996; 61 FR 14978, Apr. 4, 1996; 61 FR 55903, Oct. 30, 1996; 62 FR 46207, Sept. 2, 1997; 64 FR 29566, 29570, June 2 1999; 64 FR 61217, Nov. 10, 1999] § 52.2082 [Reserved] top § 52.2083 Significant deterioration of air quality. top (a) The Rhode Island plan, as submitted, is approved as meeting the requirements of Subpart 1, Part C, Title I, of the Clean Air Act. [49 FR 27750, July 6, 1984] § 52.2084 Rules and regulations. top (a) Part D—Disapproval. (1) On November 5, 1985, the Rhode Island Department of Environmental Management submitted a revision to the Rhode Island State Implementation Plan (SIP) for Arkwright Incorporated. This revision is an alternative reasonably available control technology determination for the control of volatile organic compounds (VOC) from three paper coating lines at Arkwright Incorporated's Fiskeville, Rhode Island facility. As a result of EPA's disapproval of this revision, the existing VOC rules applicable to Arkwright Incorporated and contained in the Rhode Island SIP remain in effect (Rhode Island Air Pollution Control Regulation No. 19 as approved by EPA in 40 CFR 52.2080(c)(19)). (2) [Reserved] (b) Non-Part D—No Action— EPA is neither approving nor disapproving the following elements of the revisions: (i) [Reserved] (ii) Consultation. (iii) Permit fees. (iv) Stack height requirements. (v) Public notification. [46 FR 25460, May 7, 1981, as amended at 48 FR 31027, July 6, 1983; 50 FR 52461, Dec. 24, 1985; 52 FR 38764, Oct. 19, 1987; 62 FR 18716, Apr. 17, 1997; 63 FR 67600, Dec. 8, 1998; 64 FR 926, Jan. 6, 1999] § 52.2085 Stack height review. top The State of Rhode Island has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion technique as defined in EPA's stack height regulations, as revised on July 8, 1985. Such declarations were submitted to EPA on March 27, 1986. The State has further declared, in letters from Thomas D. Getz, dated October 15, 1985 and March 27, 1986, that “[R]hode Island will use the 8 July 1985 revised height regulations in administering section 9.18 of its new source review regulations.” Thus, Rhode Island has satisfactorily demonstrated that its regulations meet 40 CFR 51.118 and 51.164. [52 FR 49407, Dec. 31, 1987] § 52.2086 Emission inventories. top (a) The Governor's designee for the State of Rhode Island submitted the 1990 base year emission inventory for the Providence ozone nonattainment area on January 12, 1993 as a revision to the State Implementation Plan (SIP). The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for this area. (b) The inventory is for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventory covers point, area, non-road mobile, on-road mobile, and biogenic sources. (c) The Providence nonattainment area is classified as serious and includes the entire state of Rhode Island. (d) Minor revisions to the Rhode Island 1990 base year emission inventory were submitted to EPA on September 21, 1998. The revised emission estimates were prepared in accordance with EPA guidance, and are approved into the State's SIP. [61 FR 55902, Oct. 30, 1996, as amended at 63 FR 67600, Dec. 8, 1998] § 52.2087 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of Rhode Island” and all revisions submitted by Rhode Island that were federally approved prior to August 9, 1999. (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Notice of public hearing submitted on February 9, 1972, by the Rhode Island Department of Health. (2) Miscellaneous non-regulatory additions to the plan correcting minor deficiencies submitted on February 29, 1972, by the Rhode Island Department of Health. (3) Regulation 12 requiring prevention and control of air pollution from incinerators submitted on March 7, 1973, by the Rhode Island Department of Health. (4) Regulation 13 requiring prevention and control of air pollution from fuel burning equipment submitted on March 19, 1973, by the Rhode Island Department of Health. (5) Compliance schedules submitted on April 24, 1973, by the Rhode Island Department of Health. (6) Revisions to Regulation 10, Air Pollution Episodes, submitted on January 25, 1974, by the Rhode Island Department of Health. (7) AQMA identifications submitted on April 11, 1974, by the Rhode Island Department of Health. (8) Revision to Regulation 8, Limitation of Sulfur in Fuels, submitted on May 22, 1974, by the Rhode Island Department of Health. (9) Letter identifying Metropolitan Providence as an AQMA submitted on September 6, 1974, by the Governor. (10) Revision to Regulation 14, Source Recordkeeping and Reporting, submitted on September 5, 1973, by the Rhode Island Department of Health. (11) A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted by the Rhode Island Department of Environmental Management Director on January 8, 1980. (12) Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977, were submitted on May 14, 1979, June 11, 1979, August 13, 1979, January 8, January 24, March 10, March 31, April 21, June 6, June 13, August 20, November 14, March 4, March 5, and April 16, 1981. Included are plans to attain the carbon monoxide and ozone standards and information allowing for the redesignation of Providence to non-attainment for the primary TSP standard based on new data. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions unrelated to Part D are also included. (13) A revision to Regulation 8, “Sulfur Content in Fuels,” for the Narragansett Electric Company, Providence, submitted on August 28, 1980 by the Director of the Department of Environmental Management. (14) A revision to Regulation 8, “Limitation of Sulfur in Fuels,” submitted on January 30, 1981, by the Director of the Rhode Island Division of Air Resources allowing Bradford Dyeing Association, Westerly, to burn higher sulfur fuel oil, temporarily. (15) Revisions for Group II CTGs: Storage of Petroleum Liquids—External Floating Roof Vessels (Regulation 11.6); and revisions to existing regulations: Stage I Vapor Controls (Regulation 11.5), Hazardous Waste Incinerators (Regulation 12.7.1), and Control of Solvent Metal Cleaning Emissions (Regulation 18) were submitted on January 9, July 23, and August 17, 1981. (16) Variances from Regulations 8, “Sulfur Content in Fuels” and 13, “Particulate Emissions from Fossil Fired Steam or Hot Water Generating Units”, for Kenyon Piece Dye Works, Richmond, submitted on July 1, 1982. (17) Revisions to Regulations 8, “Sulfur Content of Fuels” and 13, “Particulate Emissions from Fossil Fuel Fired Steam or Hot Water Generating Units” were submitted on November 9, 1982 by the Division of Air and Hazardous Materials. (18) Revisions to Air Pollution Control Regulation Number 9, Approval to Construct, Install, Modify, or Operate (except to subsection 9.1.1), and Section VI, Part II, “Stationary Source Permitting and Enforcement” of the narrative as submitted by the Department of Environmental Management on May 14, 1982 and July 1, 1982 for review of new major sources and major modifications in nonattainment areas. Also included are revisions to add rules for banking emission reductions. (19) Revisions to the Rhode Island State Implementation Plan for attainment of the primary National Ambient Air Quality Standard for ozone as submitted on May 14, 1982; July 1, 1982; July 7, 1982; October 4, 1982 and March 2, 1983 by the Department of Environmental Management. Also included are generic bubble rules which provide for regulatory flexibility for VOC sources subject to RACT requirements under Regulations 15, 19 and 21 of the Rhode Island SIP (20) Revisions to attain and maintain the lead NAAQS as submitted on July 7, 1983 by the Department of Environmental Management. (21) The permit issued to the University of Rhode Island in Kingston approving a three-year bubble to control sulfur dioxide emissions. The Rhode Island Department of Environmental Management issued the permit in accordance with Regulation 8, §8.3.2, “Emissions Bubbling” and submitted it to EPA as a SIP revision on January 16, 1984. (22) Revisions to Regulation 9, “Approval to Construct, Install, Modify or Operate”, and Section VI, Part II of the associated narrative of the Rhode Island SIP, to incorporate the requirements for the Prevention of Significant Deterioration of 40 CFR 51.24, permitting major stationary sources of lead and other miscellaneous changes as submitted on February 6, 1984 by the Rhode Island Department of Environmental Management. Clarifying letters dated January 27, 1984 and June 6, 1984. (23) Revisions to Air Pollution Control Regulation 8, “Sulfur Content of Fuels,” submitted on July 19, 1983, specifying maximum sulfur-in-coal limits (1.21 lbs/MMBtu on a 30-day rolling average and 2.31 lbs/MMBtu on a 24-hour average) for the Narragansett Electric Company South Street Station in Providence. These revisions approve Section 8.3.4, “Large Fuel Burning Devices Using Coal,” for South Street Station only. (24) Revisions to the State Implementation Plan were submitted by the Rhode Island Department of Environmental Management on May 28, 1985 and October 15, 1985. (i) Incorporation by reference. (A) Amendments to Regulation 8, “Sulfur Content of Fuels” at 8.4.1(b) requiring owners/operators of fuel burning sources to have a sampling valve in the fuel line to the boiler to facilitate fuel sampling, amended on May 2, 1985. (B) Amendments to Regulation 9, “Approval to Construct, Install, Modify, or Operate” requiring best available control technology (BACT) for each air pollutant emitted when permitting all new stationary sources and modifications not otherwise subject to lowest achievable emission rate (LAER) requirements under Rhode Island's approved new source review plan. The amended sections are 9.1.9, 9.1.14, 9.1.21, 9.1.22, 9.1.33, 9.1.36, 9.3.1, 9.3.3, 9.5.3, and 9.13.1. Regulation 9 was incorporated by reference in its present form on July 6, 1984 at paragraph (c)(22), above. The entire Regulation is being reincorporated by reference here to maintain consistency in the numbering and format, amended May 2, 1985. (ii) October 15, 1985 letter from Rhode Island DEM to EPA which commits to implement the stack height related requirements of Regulation 9 in accordance with the Stack Height regulations at 40 CFR part 51, subpart B. (25) A revision submitted on December 16, 1985 and January 23, 1986 allowing the burning of 2.2% sulfur content fuel oil at the Seville Dyeing Corporation facility in Woonsocket, Rhode Island for a period of up to 30 months, commencing on August 1, 1986, the savings from which will be used to pay for permanent energy conservation measures to reduce on-site consumption of petroleum products by at least 50,000 gallons per year (estimated 250,000 gallons per year). (i) Incorporation by reference. (A) Letter from Doug L. McVay, Principal Engineer, to Seville Dyeing Corporation, dated December 16, 1985 allowing the temporary use of less expensive 2.2% sulfur fuel oil until February 1, 1989. At the end of the temporary use period, Seville Dyeing Corporation will return to the use of 1.0% sulfur fuel oil. The particulate emission rate for the facility will not exceed 0.15 lbs per million Btu. (B) Letter to Louis F. Gitto, Director of Air Management Division, EPA Region I from Thomas D. Getz, Director of Air & Hazardous Materials, RI DEM dated January 23, 1986; subject: Response to EPA questions regarding Seville Dyeing Corporation, and outline of the permanent energy conservation measures to be used. (26) Revisions submitted on November 5, 1985, June 16, 1986 and November 3, 1986 by the Rhode Island Department of Environmental Management (DEM) consisting of an administrative consent agreement between the DEM's Division of Air and Hazardous Materials and Whitman Products Limited (now James River Corporation's Decorative Product Division) in Johnston, Rhode Island. When the consent agreement expires on December 31, 1986, James River Corporation will be subject to the emission limits in Rhode Island Regulation No. 19, subsection 19.3.1. (i) Incorporation by reference. (A) An administrative consent agreement between the Rhode Island and Providence Plantation Department of Environmental Management and Whitman Products Limited. The consent agreement became effective on May 29, 1985. (B) Letters of June 16, 1986 and September 17, 1985 from the Department of Environmental Management to EPA. (ii) Additional material. (A) Letter submitted on November 3, 1986 affirming that a sufficient growth margin exists, below the level of emissions necessary to show attainment of the national ambient air quality standard for ozone in Rhode Island, to absorb the increased emissions resulting from this compliance date extension. (27) Revision submitted on November 5, 1985 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement defining reasonably available control technology for Stanley Bostitch (formerly Bostitch Division (i) Incorporation by reference. (A) An administrative consent agreement between the Rhode Island Department of Environmental Management and Bostitch Division of Textron. The consent agreement became effective on June 6, 1985 and requires Bostitch Division of Textron to reformulate certain solvent-based coatings to low/no solvent formulations by December 31, 1986. (B) A letter to Bostitch Division of Textron from the Rhode Island Department of Environmental Management dated September 20, 1985 which serves as an addendum to the consent agreement. The addendum defines the emission limitations which Bostitch's Division of Textron reformulated coatings must meet. (28) Revision submitted on November 5, 1985 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement granting a final compliance date extension for the control of organic solvent emissions from sixpaper coating lines at Keene Corporation in East Providence, Rhode Island. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated November 5, 1985 submitting revisions to the Rhode Island State Implementation Plan. (B) An administrative consent agreement between the Rhode Island Department of Environmental Management and Keene Corporation, effective on September 12, 1985. (29) Revisions submitted on November 5, 1985, February 21, 1986, April 15, 1987 and May 14, 1987 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement defining alternative reasonably available control technology for Kenyon Industries in Kenyon, Rhode Island. (i) Incorporation by reference. (A) Letter from the State of Rhode Island and Providence Plantations dated April 15, 1987 submitting revisions for Kenyon Industries to the Rhode Island State Implementation Plan. (B) An administrative consent agreement between the State of Rhode Island and Providence Plantations Department of Environmental Management and Kenyon Industries, Inc., signed on December 31, 1986. (ii) Additional material. (A) A letter dated May 14, 1987 from the Department of Environmental Management containing technical support demonstrating that the revised consent agreement is at least as stringent as the consent agreement between the Rhode Island Department of Environmental Management and Kenyon effective in Rhode Island May 13, 1985. (B) Original consent agreement between the Rhode Island Department of Environmental Management and Kenyon effective on May 13, 1985 submitted to EPA on November 5, 1985. (C) Letter dated February 21, 1986 from Rhode Island describing required recordkeeping for Kenyon. (30) Revisions to the State Implementation Plan were submitted by Rhode Island Department of Environmental Management on February 27, 1987. These revisions were effective as of January 20, 1987 in the State of Rhode Island. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated February 27, 1987 submitting revisions to the Rhode Island State Implementation Plan. (B) Amendment to Air Pollution Control Regulation No. 11, at subsection 11.4.5 adopted on January 20, 1987 in Rhode Island. (C) Amendment to Air Pollution Control Regulation No. 19, at subsection 19.7.1 adopted on January 20, 1987 in Rhode Island. (D) Amendment to Air Pollution Control Regulation No. 21, at subsection 21.6.1 adopted on January 20, 1987 in Rhode Island. (31) [Reserved] (32) Revisions submitted on May 6, 1987, October 15, 1987, and January 4, 1988 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement which defines and imposes RACT to control volatile organic comp (i) Incorporation by reference. (A) An administrative consent agreement (86–12–AP), except for Provisions 7 and 8, between the Rhode Island Department of Environmental Management and Tech Industries effective June 12, 1986. (B) An addendum to the administrative consent agreement (86–12–AP) between the Rhode Island Department of Environmental Management and Tech Industries. The addendum was effective November 24, 1987. (C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 submitted to the Environmental Protection Agency by the Rhode Island Department of Environmental Management. (33) Revisions to federally approved Air Pollution Control Regulation Number 11 submitted on November 7, 1988 and April 24, 1989 by the Rhode Island Department of Environmental Management, limiting the volatility of gasoline from May 1 through September 15, beginning 1989 and continuing every year thereafter, including any waivers to such limits Rhode Island may grant. In 1989, the control period will begin on June 30. (i) Incorporation by reference. (A) Amendments to Rhode Island Air Pollution Control Regulation No. 11, effective July 5, 1979, entitled, “Petroleum Liquids Marketing and Storage,” sections 11.7.1 filed with the Secretary of State of Rhode Island on August 11, 1988, and effective in the State of Rhode Island on August 31, 1988. (B) Amendments to Rhode Island Air Pollution Control Regulation No. 11, effective July 5, 1979, entitled, “Petroleum Liquids Marketing and Storage,” amendmends to section 11.7.2 filed with the Secretary of State of Rhode Island on April 27, 1989, and effective in the State of Rhode Island on May 17, 1989. (34) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on April 28, 1989, approving a renewal of a sulfur dioxide bubble for the University of Rhode Island originally approved at paragraph (c)(21), of this section. (i) Incorporation by reference. (A) A renewal of an emissions bubble for the University of Rhode Island effective December 26, 1986. (35) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on April 26, 1990, which define and impose RACT to control volatile organic compound emissions from Providence Metallizing in Pawtucket, Rhode Island. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated April 26, 1990, submitting a revision to the Rhode Island State Implementation Plan. (B) An administrative consent agreement (87–2–AP) between the Rhode Island Department of Environmental Management and Providence Metallizing effective July 24, 1987. (C) An amendment to the administrative consent agreement (87–2–AP) between the Rhode Island Department of Environmental Management and Providence Metallizing effective May 4, 1989. (D) An addendum to the administrative consent agreement (87–2–AP) between the Rhode Island Department of Environmental Management and Providence Metallizing effective April 24, 1990. (ii) Additional materials. (A) Nonregulatory portions of the State submittal. (36) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on May 24, 1990, which define and impose RACT to control volatile organic compound emissions from Tillotson-Pearson in Warren, RhodeIsland. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated May 24, 1990 submitting a revision to the Rhode Island State Implementation Plan. (B) An Administrative consent agreement (90–1–AP) between the Rhode Island Department of Environmental Management and Tillotson-Pearson effective June 5, 1990. (37) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management dated November 3, 1989, November 21, 1989, February 1, 1990 and September 19, 1990. (i) Incorporation by reference. (A) Letters from the Rhode Island Department of Environmental Management dated November 3, 1989, November 21, 1989, February 1, 1990 and September 19, 1990 submitting revisions to the Rhode Island State ImplementationPlan. (B) Amendments to Rhode Island's Air Pollution Control Regulation Number 6, amended and effective November 22, 1989. (C) Amendments to Rhode Island's Air Pollution Control Regulation Numbers 11; 15, excluding subsections 15.1.16 and 15.2.2; 18, excluding subsections 18.1.8, 18.2.1, 18.3.2(d), 18.3.3(f), and 18.5.2; 19, excluding subsections 19.1.11, 19.2.2, and 19.3.2(a); and 21, except subsections 21.1.15 and 21.2.2, and portion of subsection 21.5.2(h) which states “equivalent to” in the parenthetical, amended and effective December 10, 1989. (38) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on May 22, 1991. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated May 22, 1991 submitting a revision to the Rhode Island State Implementation Plan. (B) Section 9.1.36 “baseline concentration,” section 9.1.39 “increment,” section 9.1.40 “major source baseline date,” section 9.1.42 “minor source baseline date,” section 9.1.43 “net emissions increase,” and section 9.15.1(c)(5)—exclusion from NO2 increments due to SIP-approved temporary increases of emissions, of the Rhode Island Air Pollution Control Regulation No. 9 entitled “Approval to Construct, Install, Modify or Operate,” effective in the State on May 20, 1991. (ii) Additional materials, (A) Nonregulatory portions of the state submittal. (39) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on January 12, 1993. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management, dated January 12, 1993, submitting a revision to the Rhode Island State Implementation Plan. (B) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulation No. 11, entitled “Petroleum Liquids Marketing Storage,” submitted to the Secretary of State on January 11, 1993. (C) Letter from the Rhode Island Department of Environmental Protection, dated February 10, 1993, stating that Regulation No. 11 became effective on January 31, 1993, 20 days after being filed with the Secretary of State. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (40) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on November 13, 1992. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated November 13, 1992 submitting a revision to the Rhode Island State Implementation Plan. (B) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulations No. 19, entitled “Control of Volatile Organic Compounds from Surface Coating Operations,” submitted to the Secretary of State on October 30, 1992 and effective on November 20, 1992. (C) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulations No. 25, entitled “Control of Volatile Organic Compound Emissions from Cutback and Emulsified Asphalt,” submitted to the Secretary of State on October 30, 1992 and effective on November 20, 1992. (D) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulations No. 26, entitled “Control of Organic Solvent Emissions from Manufacture of Synthesized Pharmaceutical Products,” submitted to the Secretary of State on October 30, 1992 and effective on November 20, 1992. (ii) Additional materials. (A) Letter from the Rhode Island Department of Environmental Protection, dated February 10, 1993, clarifying the November 13, 1992 revision to the SIP. (B) Nonregulatory portions of the submittal. (41) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on March 11, 1993. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated March 5, 1993 submitting a revision to the Rhode Island State Implementation Plan. (B) Rhode Island's Air Pollution Control Regulation No. 9 entitled, “Air Pollution Control Permits,” except for Chapter 9.13, Application for an Air Toxics Operating Permit; Chapter 9.14, Administrative Action: Air Toxics Operating Permits; and Chapter 9.15, Transfer of an Air Toxics Operating Permit; and Appendix A, Toxic Air Pollutants, Minimum Quantities. This regulation was effective in the State of Rhode Island on March 24, 1993. (ii) Additional materials. (A) A fact sheet on the proposed amendments to Regulation No. 9 entitled, “Approval to Construct, Install, Modify or Operate”. (B) Nonregulatory portions of the State submittal. (42) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on January 12, 1993. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated January 12, 1993 submitting a revision to the Rhode Island State Implementation Plan. (B) Revisions to Air Pollution Control Regulation No. 14, “Record Keeping and Reporting,” filed with the Secretary of State on January 11, 1993 and effective in the State of Rhode Island on January 31, 1993. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (43) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on March 15, 1994. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated March 15, 1994 submitting a revision to the Rhode Island State Implementation Plan. (B) Rhode Island Department of Environmental Management, Division of Air Resources, Air Pollution Control Regulation No. 32, “Control of Volatile Organic Compounds from Marine Vessel Loading Operations” effective in the State of Rhode Island on March 31, 1994, with the exception of Section 32.2.2 which Rhode Island did not submit as part of the SIP revision. (ii) Additional materials. (A) Nonregulatory portions of the submittal. (44) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on June 27, 1995. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated June 27, 1995 submitting a revision to the Rhode Island State Implementation Plan. (B) The following portions of the Rules Governing the Control of Air Pollution for the State of Rhode Island effective on July 17, 1995: Air Pollution Control Regulation No. 30, Control of Volatile Organic Compounds from Automotive Refinishing Operations. (45) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on May 15, 1995 (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Protection dated May 15, 1995 submitting a revision to the Rhode Island State Implementation Plan. (B) Air Pollution Control Regulation 29.3 “Emissions Caps”; effective in the State of Rhode Island on May 18, 1995. (ii) Additional materials. (A) Non-regulatory portions of the submittal. (46) A revision to the Rhode Island SIP regarding ozone monitoring. The State of Rhode Island will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated January 14, 1994 submitting an amendment to the Rhode Island State Implementation Plan. (B) Letter from the Rhode Island Department of Environmental Management dated June 14, 1994 submitting an amendment to the Rhode Island State Implementation Plan. (C) Section VII of the Rhode Island State Implementation Plan, Ambient Air Quality Monitoring. (47) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on March 15, 1994. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated March 15, 1994 submitting revisions to the Rhode Island State Implementation Plan. (B) The following portions of the Rules Governing the Control of Air Pollution for the State of Rhode Island, with the exception of Section 31.2.2, effective 90 days after the date that EPA notifies Rhode Island that the State has failed to achieve a 15% reduction of VOC emission from the 1990 emission levels, in accordance with the contingency measure provisions of the Rhode Island SIP, (except for Section 31.5.2, which requires records of amount of product sold, beginning July, 1994.): Air Pollution Control Regulation No. 31, Control of Volatile Organic Compounds from Commercial and Consumer Products. (C) The following portions of the Rules Governing the Control of Air Pollution for the State of Rhode Island, with the exception of Section 33.2.2, effective 90 days after the date that EPA notifies Rhode Island the State has failed to achieve a 15% reduction of VOC emission from the 1990 emission levels, in accordance with the contingency measure provisions of the Rhode Island SIP, (except for Section 33.5.2, which requires records of amount of product sold, beginning July, 1994.): Air Pollution Control Regulation No. 33, Control of Volatile Organic Compounds from Architectural and Industrial Maintenance Coatings. (48) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 17, 1996, which define and impose reasonably available control technology (RACT) to control nitrogen oxides emissions at major stationary sources in Rhode Island. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management, dated September 17, 1996, submitting revisions to the Rhode Island State Implementation Plan. (B) Regulation number 27, “Control of Nitrogen Oxide Emissions,” as adopted on December 27, 1995, effective January 16, 1996. (C) An administrative consent agreement between Rhode Island Department of Environmental Management and Rhode Island Hospital, file no. 95–14–AP, effective on November 27, 1995. (D) An administrative consent agreement between Rhode Island Department of Environmental Management and Osram Sylvania Incorporated, file no. 96–06–AP, effective on September 4, 1996. (E) An air pollution permit approval, no. 1350, for Osram Sylvania Incorporated issued by the Rhode Island Department of Environmental Management on May 14, 1996 and effective on that date. (49) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 17, 1996, which define and impose alternative reasonably available control technology (RACT) requirements to control nitrogen oxides emissions at certain major stationary sources in Rhode Island. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated September 17, 1996, submitting revisions to the Rhode Island State Implementation Plan. (B) An administrative consent agreement between Rhode Island Department of Environmental Management and Algonquin Gas Transmission Company, file no. 95–52–AP, effective on December 5, 1995. (C) An administrative consent agreement between Rhode Island Department of Environmental Management and Bradford Dyeing Association, Inc., file no. 95–28–AP, effective on November 17, 1995. (D) An administrative consent agreement between Rhode Island Department of Environmental Management and Hoechst Celanese Corporation, file no. 95–62–AP, effective on November 20, 1995. (E) An administrative consent agreement between Rhode Island Department of Environmental Management and University of Rhode Island, file no. 95–50–AP, effective on March 12, 1996. (F) An administrative consent agreement between Rhode Island Department of Environmental Management and the Naval Education and Training Center in Newport, file no. 96–07–AP, effective on March 4, 1996. (50) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998. The revisions consist of the State's 15 Percent plan and Contingency plan. The EPA is approving the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating operations, printing operations, plant closures, cutback asphalt, synthetic pharmaceutical manufacturing, automobile refinishing, consumer and commercial products, architectural and industrial maintenance coatings, stage II vapor recovery, reformulated gasoline in on-road and off-road engines, tier I motor vehicle controls, and low emitting vehicles. EPA is taking no action at this time on the emission reduction credit claim made for the Rhode Island automobile inspection and maintenance program. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated September 21, 1998 submitting a revision to the Rhode Island State Implementation Plan. (51)–(53) [Reserved] (54) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on. (i) Incorporation by reference. (A) Letter from the Rhode Island Department of Environmental Management dated 9 August 1996 submitting a revision to the Rhode Island State Implementation Plan. (B) Changes to Air Pollution Control Regulation Number 9. For the State of Rhode Island. (55) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on February 13, 1998 and January 20, 1999 which define alternative NOX RACT requirements and impose seasonal limitations on the emissions of nitrogen oxides at certain major stationary sources in Rhode Island. (i) Incorporation by reference. (A) Letters from the Rhode Island Department of Environmental Management, dated February 13, 1998 and January 20, 1999 submitting revisions to the Rhode Island State Implementation Plan. (B) Regulation number 38, “Nitrogen Oxides Allowance Program,” as adopted on May 21, 1998, submitted on effective on June 10, 1998. (C) An administrative consent agreement between Rhode Island Department of Environmental Management and Rhode Island Economic Development Corporation, file no. 96–04–AP, adopted and effective on September 2, 1997. [37 FR 10891, May 31, 1972. Redesignated and amended at 64 FR 43085, Aug. 9, 1999] Editorial Note: For Federal Register citations affecting §52.2087, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.2088 Control strategy: Ozone. top (a) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998. These revisions are for the purpose of satisfying the rate of progress requirement of section 182(c)(2)(B), and the contingency measure requirements of section 182(c)(9) of the Clean Air Act, for the Providence serious ozone nonattainment area. (b) Approval—Revisions to the state implementation plan submitted by the Rhode Island Department of Environmental Management on March 24, 2003. The revisions are for the purpose of satisfying the one-hour ozone attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act, for the Rhode Island serious ozone nonattainment area. The revision establishes a one-hour attainment date of November 15, 2007 for the Rhode Island serious ozone nonattainment area, and approves the contingency measures for purposes of attainment. This revision establishes motor vehicle emissions budgets for 2007 of 30.68 tons per day of volatile organic compounds and 33.97 tons per day of nitrogen oxides to be used in transportation conformity in the Rhode Island serious ozone nonattainment area. Rhode Island also commits to conduct a mid-course review to assess modeling and monitoring progress achieved towards the goal of attainment by 2007, and to submit the results to EPA by December 31, 2004. [66 FR 30815, June 8, 2001, as amended at 68 FR 16724, Apr. 7, 2003] Subpart PP—South Carolina top § 52.2120 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan (SIP) for South Carolina under section 110 of the Clean Air Act, 42 U.S.C. 7401–7671q and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to July 1, 1997 was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after July 1, 1997, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of July 1, 1997. (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 401 M St., SW., Washington, DC 20460 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. Air Pollution Control Regulations for South Carolina ---------------------------------------------------------------------------------------------------------------- State EPA State citation Title/subject effective approval Federal register date date notice ---------------------------------------------------------------------------------------------------------------- Regulation No. 62.1.................. Definitions and General Requirements. Regulation No. 62.1.................. Definitions and General 6/26/98 8/10/04 69 FR 48395. Requirements. Section I............................ Definitions............. 10/26/01 1/26/05 70 FR 3632. Section II........................... Permit requirements..... 6/27/03 1/26/05 70 FR 3632. Section III.......................... Emissions Inventory..... 3/16/89 7/02/90 55 FR 27226. Section IV........................... Source Tests............ 6/27/03 8/10/04 69 FR 48395. Section V............................ Credible Evidence....... 7/27/01 1/13/03 67 FR 68767. Regulation No. 62.2.................. Prohibition of Open 6/25/04 8/26/05 70 FR 50195. Burning. Regulation No. 62.3.................. Air Pollution Episodes.. Section I............................ Episode Criteria........ 10/26/01 5/7/02 67 FR 30596. Section II........................... Emissions Reduction 4/29/88 10/03/89 54 FR 40662. Requirements. ---------------------------------------------------------------------------------------------------------------- Regulation No. 62.4.................. Hazardous Air Pollution Conditions. ---------------------------------------------------------------------------------------------------------------- 12/20/78 1/29/80 45 FR 6572. ---------------------------------------------------------------------------------------------------------------- Regulation No. 62.5.................. Air Pollution Control Standards. ---------------------------------------------------------------------------------------------------------------- Standard No. 5.2..................... Control of Oxides of 6/25/04 8/26/05 70 FR 50195. Nitrogen (NOX). ---------------------------------------------------------------------------------------------------------------- Standard No. 1 Emissions from Fuel Burning Operations ---------------------------------------------------------------------------------------------------------------- Section I............................ Visible Emissions....... 10/26/01 5/7/02 67 FR 30596. Section II........................... Particulate Emissions... 4/29/88 10/03/89 54 FR 40662. Section III.......................... Sulfur Dioxide Emissions 3/03/83 10/29/84 49 FR 43469. Section IV........................... Opacity Monitoring 3/16/89 7/02/90 55 FR 27226. Requirements. Section V............................ Exemptions.............. 6/05/85 10/03/89 54 FR 40660 Section VI........................... Periodic Testing........ 6/26/98 8/10/04 69 FR 48395. Section VII.......................... Reserved................ ---------------------------------------------------------------------------------------------------------------- Standard No. 2 Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- 3/16/89 7/02/90 55 FR 27227. ---------------------------------------------------------------------------------------------------------------- Standard No. 3 Emissions from Incinerators ---------------------------------------------------------------------------------------------------------------- 1/07/81 9/03/82 47 FR 38885. ---------------------------------------------------------------------------------------------------------------- Standard No. 4 Emissions from Process Industries ---------------------------------------------------------------------------------------------------------------- Section I............................ General................. 3/24/86 2/17/87 52 FR 4772. Section II........................... Sulfuric Acid 3/24/86 2/17/87 52 FR 4772. Manufacturing. Section III.......................... Kraft Pulp and Paper 4/29/88 10/03/89 54 FR 40662. Manufacturing. Section IV........................... Portland Cement 3/24/86 2/17/87 52 FR 4772. Manufacturing. Section V............................ Cotton Gins............. 10/26/01 5/7/02 67 FR 30596. Section V............................ Cotton Gins............. 3/24/86 2/17/87 52 FR 4772. Section VI........................... Hot Mix Asphalt Plants.. 6/05/85 10/03/89 54 FR 40660. Section VII.......................... Metal Refining.......... 3/24/86 2/17/87 52 FR 4772. Section VIII......................... Other Manufacturing..... 10/26/01 5/7/02 67 FR 30596. Section VIII......................... Other Manufacturing..... 4/29/88 10/03/89 54 FR 40662. Section IX........................... Visible Emissions....... 3/16/89 7/02/90 55 FR 27226. Section X............................ Non-Enclosed Operations. 6/05/85 10/03/89 54 FR 40660. Section XI........................... Total Reduced Sulfur 10/26/01 5/7/02 67 FR 30596. Emissions of Kraft Pulp Mills. Section XII.......................... Periodic Testing........ 6/26/98 8/10/04 69 FR 48395. Section XIII......................... Reserved................ ---------------------------------------------------------------------------------------------------------------- Standard No. 5 Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- Section I............................ General Provisions...... 10/26/01 5/7/02 67 FR 30596. ---------------------------------------------------------------------------------------------------------------- Part E............................... Volatile Organic 6/26/98 8/10/04 69 FR 48395. Compound Compliance Testing. ---------------------------------------------------------------------------------------------------------------- Section II Provisions for Specific Sources ---------------------------------------------------------------------------------------------------------------- Part A............................... Surface Coating of Cans. 10/26/01 5/7/02 67 FR 30596. Part B............................... Surface Coating of Coils 08/22/79 12/16/81 46 FR 61268. Part C............................... Surface Coating of 8/22/79 12/16/81 46 FR 61268. Paper, Vinyl,& Fabric. Part D............................... Surface Coating of Metal 8/22/79 12/16/81 46 FR 61268. Furniture & Large Appliances. Part E............................... Surface Coating of 10/26/01 5/7/02 67 FR 30597. Magnet Wire. Part F............................... Surface Coating 10/26/01 5/7/02 67 FR 30597. Miscellaneous Metal Parts & Products. Part G............................... Surface Coating of Flat 9/10/80 11/24/81 46 FR 57486. Wood Paneling. Part H............................... Graphic Arts-Rotogravure 9/10/80 11/24/81 46 FR 57486. & Flexography. ---------------------------------------------------------------------------------------------------------------- Part I_M Reserved ---------------------------------------------------------------------------------------------------------------- Part N............................... Solvent Metal Cleaning.. 10/26/01 5/7/02 67 FR 30596. Part O............................... Petroleum Liquid Storage 9/10/80 11/24/81 46 FR 57486. in Fixed Roof Tanks. Part P............................... Petroleum Liquid Storage 9/10/80 11/24/81 46 FR 57486. in External Floating Roof Tanks. Part Q............................... Manufacture of 9/10/81 11/24/81 46 FR 57486. Synthesized Pharmaceutical Products. Part R............................... Manufacture of Pneumatic 9/10/81 11/24/81 46 FR 57486. Rubber Tires. Part S............................... Cutback Asphalt......... 6/13/79 12/16/81 46 FR 61268. Part T............................... Bulk Gasoline Terminals 6/13/79 12/16/81 46 FR 61268 ans Vapor Collection Systems. ---------------------------------------------------------------------------------------------------------------- Standard No. 6 Alternative Emissions Limitation Options (``Bubble'') ---------------------------------------------------------------------------------------------------------------- 10/26/01 5/7/02 67 FR 30596. ---------------------------------------------------------------------------------------------------------------- Section I General Section II Conditions for Approval ---------------------------------------------------------------------------------------------------------------- Part A............................... Emissions of Total 10/26/01 5/7/02 67 FR 30596. Suspended Particulate or Sulfur Dioxide. Part B............................... Emissions of Volatile Organic Compounds. Part C............................... Emissions of Nitrogen Dioxide, Carbon Monoxide, or Lead. Part D............................... Designated Pollutants... Part E............................... De Minimis Cases........ ---------------------------------------------------------------------------------------------------------------- Section III Enforceability Section III Enforceability ---------------------------------------------------------------------------------------------------------------- Standard No. 7 Prevention of Significant Deterioration ---------------------------------------------------------------------------------------------------------------- 10/26/01 5/7/02 67 FR 30596. Section I............................ Definitions............. Section II........................... Ambient Air Limits...... Section III.......................... Review of Major Plants and Major Modifications- Applicability and Exemptions. Section IV........................... Review Requirements..... Supplement C......................... ........................ 05/26/96 August 20, 62 FR 44219 1997 Regulation No. 62.6.................. Control of Fugitive Particulate Matter. 6/05/85 10/03/89 54 FR 40660. Section I............................ Control of Fugitive Particulate Matter in Non-Attainment Areas. Section II........................... Control of Fugitive Particulate Matter. Section III.......................... Control of Fugitive Particulate Matter Statewide. Section IV........................... Effective Date.......... Regulation No. 62.7.................. Good Engineering Practice Stack Height. 6/11/86 5/28/87 52 FR 19859 Section I............................ General................. Section II........................... Applicability........... Section III.......................... Definitions and Conditions. Section IV........................... Public Participation.... Regulation No. 62.96................. NOX Budget Trading 5/24/02 6/28/02 67 FR 43547. Program. Regulation No. 62.99................. Nitrogen Oxides (NOX) 5/24/02 6/2/02 67 FR 43547. Budget Program Requirements for Stationary Sources Not in the Trading Program. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State Source specific requirements. EPA-Approved South Carolina Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State EPA Name of source Permit effective approval Comments number date date ---------------------------------------------------------------------------------------------------------------- None. ---------------------------------------------------------------------------------------------------------------- (e) EPA-approved South Carolina non-regulatory provisions. ---------------------------------------------------------------------------------------------------------------- State Provision effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Cherokee County Ozone Ten Year 1/31/02 4/26/02.................... Maintenance Plan. Transportation Conformity................ 10/24/03 1/29/04, 69 FR 4249........ Attainment Demonstration for the 12/29/04 8/26/05, 70 FR 50195....... Appalachian, Catawba, Pee Dee, Waccamaw, Santee Lynches, Berkeley-Charleston- Dorchester, Low Country, Lower Savannah, Central Midlands, and Upper Savannah Early Action Compact Areas. ---------------------------------------------------------------------------------------------------------------- [62 FR 35444, July 1, 1997, as amended at 62 FR 44219, Aug. 20, 1997; 62 FR 47761, Sept. 11, 1997; 63 FR 67586, Dec. 8, 1998; 63 FR 70022, Dec. 18, 1998; 67 FR 20651, Apr. 26, 2002; 67 FR 30596, May 7, 2002; 67 FR 43547, June 28, 2002; 67 FR 68769, Nov. 13, 2002; 69 FR 4249, Jan. 29, 2004; 69 FR 48397, Aug. 10, 2004; 70 FR 3634, Jan. 26, 2005; 70 FR 50199, Aug. 26, 2005] § 52.2121 Classification of regions. top The South Carolina plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Augusta (Georgia)-Aiken (South Carolina) Interstate.. I I III III III Metropolitan Charlotte Interstate.................... I II III III I Camden-Sumter Intrastate............................. II III III III III Charleston Intrastate................................ I I III III III Columbia Intrastate.................................. II III III III III Florence Intrastate.................................. III III III III III Georgetown Intrastate................................ II III III III III Greenville-Spartanburg Intrastate.................... I III III III III Greenwood Intrastate................................. III III III III III Savannah (Georgia)-Beaufort (South Carolina) I I III III III Interstate.......................................... ---------------------------------------------------------------------------------------------------------------- § 52.2122 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves South Carolina's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977, except as noted elsewhere in this subpart. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTG's issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. (b) EPA disapproved South Carolina's generic bubble regulation submitted for approval into the State Implementation Plan (SIP) on June 5, 1985. [45 FR 6575, Jan. 29, 1980, as amended at 60 FR 12702, Mar. 8, 1995] § 52.2124 Legal authority. top (a)–(c) [Reserved] (d) The requirements of §51.230(d) of this chapter are not met since statutory authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate. [37 FR 10892, May 31, 1972, as amended at 39 FR 7284, Feb. 25, 1974; 41 FR 10065, Mar. 9, 1976; 51 FR 40676, Nov. 7, 1986] § 52.2125 [Reserved] top § 52.2126 VOC rule deficiency correction. top Sections I and II of South Carolina's Regulations 62.1 and 62.5 is approved. The State submitted these regulations to EPA for approval on September 18, 1990. Sections I and II of Regulation 62.5 were intended to correct deficiencies cited in a letter calling for the State to revise its SIP for ozone from Mr. Greer C. Tidwell, the EPA Regional Administrator, to Governor Carroll A. Campbell on May 26, 1988, and clarified in a letter from Mr. Winston A. Smith, EPA Region IV, Air, Pesticides and Toxics Management Division, to Mr. Otto E. Pearson, former Director of the South Carolina Department of Health and Environmental Control: (a) South Carolina's VOC regulations contain no method for determining capture efficiency. This deficiency must be corrected after EPA publishes guidance on the methods for determining capture efficiency before the SIP for ozone can be fully approved. (b) [Reserved] [57 FR 4161, Feb. 4, 1992, as amended at 59 FR 17937, Apr. 15, 1994] §§ 52.2127-52.2129 [Reserved] top § 52.2130 Control strategy: Sulfur oxides and particulate matter. top In letters dated May 7, and December 2, 1986, the South Carolina Department of Health and Environmental Control certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to Public Service Authority—Winyah, SCE& G—Bowater, and SCE & G—Williams. [54 FR 14651, Apr. 12, 1989] § 52.2131 Significant deterioration of air quality. top (a)–(b) [Reserved] (c) All applications and other information required pursuant to §52.21 from sources located in the State of South Carolina shall be submitted to the Office of Environmental Quality Control, Department of Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina 29201, instead of the EPA Region IV office. [42 FR 4124, Jan. 24, 1977, as amended at 47 FR 6018, Feb. 10, 1982] § 52.2132 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring. The provisions of §52.26 are hereby incorporated and made a part of the applicable plan for the State of South Carolina. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of South Carolina. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987] § 52.2133 General conformity. top The General Conformity regulations adopted into the South Carolina State Implementation Plan which were submitted on November 8, 1996. South Carolina incorporated by reference regulations 40 CFR part 51, subpart W—determining conformity of General Federal Actions to State or Federal Implementation Plans. [62 FR 32538, June 16, 1997] § 52.2134 Original identification of plan section. top (a) This section identifies the original “South Carolina Air Quality Implementation Plan” and all revisions submitted by South Carolina that were federally approved prior to July 1, 1997. (b) The plan was officially submitted on January 21, 1972. (c) The plan revisions listed below were submitted on the dates specified: (1) Miscellaneous non-regulatory additions to the plan submitted on May 4, 1972, by the South Carolina Pollution Control Authority. (2) Letter requesting delegation of authority submitted on July 21, 1972, by the Governor. (3) Miscellaneous wording changes in paragraph 2.B.4 of Regulation 1A; in Sections I.B., II.B, and II.C of Standard 1A; in Section II.D of Standards 2A and in paragraph II of Regulation 4A submitted on August 23, 1972, by the Governor. (4) Compliance schedules submitted on February 16, 1973, by the South Carolina Pollution Control Authority. (5) Categorical compliance schedule regulation submitted on August 16, 1973, by the South Carolina Department of Health and Environmental Control. (6) Revised SO2 emission limits for fuel combustion sources submitted on March 14, 1974, by the South Carolina Department of Health and Environmental Control. (7) AQMA identification material submitted on March 22, 1974, by the South Carolina Department of Health and Environmental Control. (8) Revised legal authority with respect to the public availability of emission data, submitted on October 15, 1975, by the Governor of South Carolina. (9) Revised particulate emission limits for existing fuel burning sources and requirements for continuous in-stack monitoring and reporting of opacity by certain of these sources, submitted January 13 and March 30, 1977, by the South Carolina Department of Health and Environmental Control. (The revised particulate limits do not apply to International Paper Company's Georgetown facility or to the South Carolina Electric and Gas Company's Hagood Plant in Charleston; for these two sources, the plan's original emission limits continue to apply.) (10) Permit changes, specified below, were submitted by the South Carolina Department of Health and Environmental Control on May 9, 1979. These changes provide emissions offset for R. R. Donnelley and Sons Company, and apply to M. Lowenstein and Sons, Inc., as follows: (i) Operating permit number O/P–42–167 for the operation of five (5) Kingsley Roller Print Dryers (Nos. 3, 4, 5, 6, and 7) is cancelled with these dryers not to be operated after June 1, 1979. (ii) Operating permit number O/P–42–170 through O/P–42–179 for screen print machine Nos. 3, 4, 5, 6, 7, 8, 10, 11, and 12 are reissued to reflect the total and permanent transition from solvent-based print pastes to water-based print pastes on these machines as of June 1, 1979. (11) 1979 implementation plan revision for nonattainment areas, submitted on December 20, 1978, by the South Carolina Department of Health and Environmental Control. (12) Variance granted to Bowater Carolina Corporation until April 1, 1981, for increased particulate emissions and opacity limits, and revised regulation 61.62.1(B)(II), submitted on April 24, 1980, by the South Carolina Department of Health and Environmental Control. (13) Changes in and supplements to 1979 implementation plan revisions for nonattainment areas, submitted on April 4, June 13, July 6, August 14, August 22, 1979, and on April 29, 1981, by the South Carolina Department of Health and Environmental Control. Included are a special operating permit for Macalloy Corporation and the following regulation changes: R. 62.5, Standard No. 5, Section II, revised definition of VOC (formerly located in R. 62.5, Standard No. 5, Section I, Part A); R. 62.5, Standard No. 5, Section II, revised VOC regulation-Petroleum liquid storage tanks (formerly R. 62.5, Standard 5, Section II, Part B); R. 62.1, Section I, revised definition of “fugitive dust”; R. 62.5, Standard No. 5, Section I, Part E—VOC—Case-by-Case Exceptions; R. 62.5, Standard No. 1, Section I, Part C—VE—Special Provisions. (14) Revisions in emergency episode plan, submitted on September 10, 1980, by the South Carolina Department of Health and Environmental Control. (15) Air quality surveillance plan revision to satisfy the requirements of 40 CFR part 58, submitted on March 10, 1980 by the South Carolina Department of Health and Environmental Control. (16) Provision for public participation to satisfy section 127(a) of the Clean Air Act, submitted on March 10, 1980 by the South Carolina Department of Health and Environmental Control. (17) Standard No. 6, Alternative Emission Reduction Options, submitted on June 17, 1981, by the South Carolina Department of Health and Environmental Control. (18) Set II VOC regulations, submitted on September 10, 1980, by the South Carolina Department of Health and Environmental Control. (19) Alternative compliance schedule for Cryovac Division of W. R. Grace, Simpsonville, submitted on January 5, 1981, by the South Carolina Department of Health and Environmental Control. (20) Implementation plan for lead, submitted on May 1, 1980, by the South Carolina Department of Health and Environmental Control. (21) Prevention of significant deterioration SIP, submitted on April 14, 1981, by the South Carolina Department of Health and Environmental Control. (22) Provision for variance from conditions of operating permits, submitted on June 7, 1982, by the South Carolina Department of Health and Environmental Control. (23) Revised visible emissions standard for incinerators and revised regulation for alternate emission limitation options (bubbles), submitted on June 7, 1982, by the South Carolina Department of Health and Environmental Control. EPA is not taking action on that portion of this regulation (Regulation No. 62.5, Standard No. 6, Section II, Part D) pertaining to alternative emission limitation options for designated pollutants subject to regulation under section 111(d) of the Clean air Act. (24) Special Operating Permit for South Carolina Electric and Gas Company-Williams Power Station, submitted on June 25, 1982, by the South Carolina Department of Health and Environmental Control. (25) Visibility new source review regulations and narrative visibility SIP were submitted to EPA on June 3, 1985. (i) Incorporation by reference. (A) Letter of June 3, 1985, from the South Carolina Department of Health and Environmental Control, and amendments to Regulation No. 62.5, Standard No. 7, Section IV, Part H; Regulation No. 62.5, Standard No. 7, Section IV, Part E; and Regulation No. 62.5, Standard No. 7, Section I, Part CC, adopted by the South Carolina Board of Health and Environmental Control on May 21, 1985. (ii) Additional material. (A) Narrative section, titled “Visibility Protection Control Strategy”, adopted by the South Carolina Board of Health and Environmental Control on May 21, 1985. (26) Changes in Regulations 62.2, 62.3, and 62.5, submitted on March 3, May 5, and July 11, 1983 by the South Carolina Department of Health and Environmental Control. (27) On March 3, and August 17, 1983 and September 5, 1984, Appendix B, a Methodology Manual for use with Standards for Volatile Organic Compounds, and on May 12, 1983, and January 23, 1980, studies for Appendix J, Transportation Control Plans for Columbia and Charleston, were submitted to EPA by the South Carolina Department of Health and Environmental Control. (28) Stack height regulations were submitted to EPA on June 11, 1986. (i) Incorporation by reference. (A) Letter of June 11, 1986, from the South Carolina Department of Health and Environmental Control transmitting stack height regulations. (B) Regulation 62.7, Good Engineering Practice Stack Height, adopted on April 24, 1986, and effective on May 23, 1986. (C) Addition of item 10 to Section I, Definitions, of regulation 62.1, adopted on April 24, 1986, and effective on May 23, 1986. (D) Addition of item A.2.f to Section II, Permit Requirements, of regulation 62.1, adopted on April 24, 1986, and effective on May 23, 1986. (ii) Other material—none. (29) Process opacity monitoring requirements were submitted to EPA on March 24, 1986 and July 8, 1986. (i) Incorporation by reference. (A) Letter of March 24, 1986 to EPA from the South Carolina Department of Health and Environmental Control, and amendments to Air Pollution Control Regulation No. 62.5, Standard No. 4, which was effective on February 28, 1986. (ii) Other material—none. (30) [Reserved] (31) Changes in South Carolina's SIP submitted to EPA on June 5, 1985, by the South Carolina Department of Health and Environmental Control. (i) Incorporation by reference. (A) Changes in South Carolina's Regulations which were adopted May 24, 1985: (1) Regulations 62.1, Section I (Definitions) No. 1 and Section III (Emission Inventory) (2) Regulation 62.2 (Prohibition of Open Burning) (3) Regulation 62.3 (Air Pollution Episodes); except for Section I and Section II Introductory paragraph (4) Regulation 62.5, Standard No. 1 (Emissions From Fuel Burning Operations), Section IV, Part B, Section V, and Section VII (5) Regulation 62.5, Standard No. 4 (Emissions from Process Industries), Except for Section III, Section VIII(A), and Section XI Introductory paragraph (6) Regulation 62.5, Standard No. 7 (Prevention of Significant Deterioration), Section I, Parts B(1), E, F and Q(2) (7) Regulation 62.6 (Control of Fugitive Particulate Matter), Section I (b) and (c) and Section III (c) and (d) (ii) Other material. (32) Provisions for PM10 submitted on April 29, 1988 and April 4, 1989, by the South Carolina Department of Health and Environmental Control. The April 29, 1988, submittal contained revisions that were effective on April 22, 1988. The April 4, 1989, submittal contained revisions that were effective on March 24, 1989. (i) Incorporation by reference. (A) Regulation 62.1, Definitions, Permit Requirements, and Emissions Inventory as revised by the addition on April 22, 1988, of Section I, Nos. 22, 23, 25, and 42. (B) The following portions of Regulation 62.3, Air Pollution Episodes were revised April 22, 1988. (1) Section I. (2) Section II, Introductory paragraph. (C) The following portions of Regulation 62.5, Standard No. 1—Emissions from Fuel Burning Operations were revised April 22, 1988: (1) Section II, Title. (2) Section VI, Introductory paragraph (D) Regulation 62.5, Standard No. 2—Ambient Air Quality Standards revised April 22, 1988. (E) The following portions of Regulation 62.5, Standard No. 4—Emissions from Process Industries were revised April 22, 1988. (1) Section III (2) Section VIII (A) (3) Section XI, Introductory paragraph (F) The following portions of Regulation 62.5, Standard No. 7—Prevention of Significant Deterioration were revised April 22, 1988. (1) Section I, Part V(1) (2) Section II, Part A (3) Section III Part H(1) (4) Section IV Part E(4) (G) The following portions of Regulation 62.5, Standard No. 7—Prevention of Significant Deterioration were revised March 24, 1989. (1) Section III, Part D, (6) and (7) (2) Section III Part (J)(3), (4), and (5) (3) Section IV Part (H)(4) (ii) Other materials. (A) Letters of April 29, 1988, and April 4, 1989, from the South Carolina Department of Health and Environmental Control which address PM10 revisions. (B) Revised narrative on particulate matter. (33) Changes in South Carolina's SIP submitted to EPA on March 16, 1989, by the South Carolina Department of Health and Environmental Control. (i) Incorporation by reference. (A) Regulation 62.5 Standard No. 4. Sections I thru VIII and Tables A and B effective April 22, 1988. (B) Changes in South Carolina's Regulations which were effective March 24, 1989: 1. Regulation 62.1: Section I Definitions. 9 and 38 and Section III Emission Inventory. 2. Regulation 62.5, Standard No. 1 Emissions from Fuel Burning Operations: Section I, Part D; Section IV, Paragraph A.2.a. and Part D. 3. Regulation 62.5, Standard No. 2 Ambient Air Quality Standards: Introductory paragraph. 4. Regulation 62.5, Standard No. 4 Emissions from Process Industries: Section IX and X. 5. Regulation 62.5, Standard No. 7 Prevention of Significant Deterioration: Section 1 B(1)(a) and Part L (ii) Additional Material. (A) March 16, 1989, letter from South Carolina Department of Health and Environmental Control. (34) Changes in South Carolina's SIP submitted to EPA on September 18, 1990, by the South Carolina Department of Health and Environmental Control. (i) Incorporation by reference. (A) The following revision to South Carolina's State Implementation Plan (SIP) which became effective on August 24, 1990: (1) Regulation 61–62.1: (i) Section II,A,1. Applicability (ii) Standard No. 5.1: Section I,A. Section III,A,1. Section III,D. Section III,L. Section IV,B. (2) Regulation 61–62.5: (i) Standard No. 7: Section I,C,(4) Section I,Part M Section I,Part N Section I,Part O Section I, BB Section II A. Section II D,(1),(e) Section II D,(3),(a) Section IV,D,(1) Section IV H,(4) (3) Regulation 61–62.1 (i) Section I,74. (4) Regulation 61–62.5, Standard No. 5 (i) Section I,A: 9,22,27–78 (ii) Section I,C,1,b,(vi) (iii) Section I,E,4 (iv) Section I,E,12 (v) Part F. Recordkeeping, Reporting, Monitoring (vi) Part G. Equivalency Calculations (vii) Section II—Provisions for Specific Sources Part A. Surface Coating of Cans Part B,2. Control Technology Part C Part D Part E Surface Coating of Magnet Wire Part F,2. and 3. Part G,3. Control Technology (ii) Other material. (A) None. (35) [Reserved] (36) The maintenance plan for Cherokee County submitted by the South Carolina Department of Health and Environmental Control on July 20, 1992, as part of the South Carolina SIP. (i) Incorporation by reference. (A) Cherokee County Ozone Attainment Demonstration and Ten Year Maintenance Plan effective June 11, 1992. (B) Emissions Inventory Projections for Cherokee County effective June 11, 1992. (ii) Other material. (A) July 20, 1992 letter from the Department of Health and Environmental Control. Ten Year Maintenance Plan effective June 11, 1992. (B) Emission Inventory Projections for Cherokee County effective June 11, 1992. (iii) Other material. (A) July 20, 1992 letter from the Department of Health and Environmental Control. (37) The VOC Recordkeeping regulations for ozone nonattainment areas, PSD NOX increment regulations, and regulations listing the definition of VOC submitted by South Carolina Department of Health and Environmental Control on July 23, 1992, as part of the South Carolina SIP. (i) Incorporation by reference. (A) South Carolina Regulation 61–62.5, Standard No. 5, section I, part F, covering VOC Recordkeeping, Reporting, and Monitoring; Regulation 61–62.5, Standard No. 7, section I, part C, paragraph 4; section I, part M; section I, part N; section I, part O; section I, part BB; section II, part A; section II, part D, paragraph 1, subparagraph e; section II, part D, paragraph 3, subparagraph a; section IV, part D, paragraph 1; section IV, part H, paragraph 4; covering PSD. These regulations were effective August 24, 1990, and submitted September 18, 1990. (B) South Carolina Regulation 61–62.1, section I, paragraph 74, covering the definition of VOC; Regulation 61–62.5, Standard No. 5, section I, part F, paragraph 3, covering VOC Recordkeeping in ozone nonattainment areas; and Regulation 61–62.5, Standard No. 7, section I, part O and section IV, part H, paragraph 4 covering PSD. These regulations were effective June 26, 1992, and submitted July 23, 1992. (ii) Other material. (A) July 23, 1992, letter from the South Carolina Department of Health and Environmental Control to Region IV EPA. (B) [Reserved] (38) The South Carolina Department of Health and Environmental Control has submitted revisions to the South Carolina Air Quality Implementation Plan on November 12, 1993. These revisions address the requirements of section 507 of title V of the Clean Air Act and establish the Small Business Stationary Source Technical and Environmental Program. (i) Incorporation by reference. (A) The submittal of the state of South Carolina's Small Business Assistance Program which was adopted on September 9, 1993. (ii) Additional material. None. (39) The PSD regulation revisions to the South Carolina State Implementation Plan which were submitted on March 3, 1995. (i) Incorporation by reference. (A) Regulations 61–62.5, Standard No. 7 Prevention of Significant Deterioration; I.C(4), I.N(1)(c), I.O(2)(b), I.O(3), II.A, II.D, III.D(10)(b), III.H(1), III.I(1) through III.I(2)ii, IV.D (1) & (2), and IV.H(4) effective on November 25, 1994. (ii) Other material. none (40) The minor source operating permit program for South Carolina, submitted by the Department of Health and Environmental Control on July 12, 1995, and as part of the South Carolina SIP. (i) Incorporation by reference. (A) Regulation 61–62.1, Section I.3, 13, 19, 50, 72, and 73, Section II.F.2, Section II.F.2.e, Section II.G, and Section II.H of the South Carolina SIP which became effective on June 23, 1995. (ii) Other material. None. [37 FR 10892, May 31, 1972. Redesignated and amended at 62 FR 35444, July 1, 1997] Editorial Note: For Federal Register citations affecting §52.2134, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart QQ—South Dakota top § 52.2170 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State Implementation Plan for South Dakota under section 110 of the Clean Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards or other requirements under the Clean Air Act. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to November 15, 2004 was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as submitted by the state to EPA, and notice of any change in the material will be published in the Federal Register. Entries for paragraphs (c) and (d) of this section with EPA approval dates after November 15, 2004, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 8 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of November 15, 2004. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 8, 999 18th Street, Suite 300, Denver, Colorado, 80202–2466; Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, Room B–108 (Mail Code 6102T), 1301 Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. (1) State of South Dakota Regulations ---------------------------------------------------------------------------------------------------------------- State effective EPA approval date and State citation Title/subject date citation \1\ Explanations ---------------------------------------------------------------------------------------------------------------- 74:36:01 Definitions ---------------------------------------------------------------------------------------------------------------- 74:36:01:01........ Definitions 4/4/99 4/7/03, 68 FR 16726.. 74:36:01:01(1)-(76), (78) and (79). 74:36:01:01 (77), (80) 9/1/03 5/10/04, 69 FR 25839. and (81). 74:36:01:02........ Actual emissions defined. 1/5/95 10/19/98, 63 FR 55804 74:36:01:03........ Administrative permit 4/4/99 4/7/03, 68 FR 16726.. amendment defined. 74:36:01:04........ Affected states define... 4/22/93 10/19/98, 63 FR 55804 74:36:01:05........ Applicable requirements 4/4/99 4/7/03, 68 FR 16726.. of Clean Air Act defined. 74:36:01:06........ Complete application 4/22/93 10/19/98, 63 FR 55804 defined. 74:36:01:07........ Major modification 4/4/99 4/7/03, 68 FR 16726.. defined. 74:36:01:08........ Major source defined..... 4/4/99 4/7/03, 68 FR 16726.. 74:36:01:09........ Categories of sources 4/22/93 10/19/98, 63 FR 55804 defined. 74:36:01:10........ Modification defined..... 4/4/99 4/7/03, 68 FR 16726.. 74:36:01:11........ National ambient air 4/22/93 10/19/98, 63 FR 55804 quality standard (NAAQS). 74:36:01:12........ Potential to emit defined 4/22/93 10/19/98, 63 FR 55804 74:36:01:13........ Process weight rate 4/22/93 10/19/98, 63 FR 55804 defined. 74:36:01:14........ Reconstruction of sources 4/22/93 10/19/98, 63 FR 55804 defined. 74:36:01:15........ Regulated air pollutant 1/5/95 10/19/98, 63 FR 55804 defined. 74:36:01:16........ Responsible official 4/22/93 10/19/98, 63 FR 55804 defined. 73:36:01:17........ Significant defined...... 4/4/99 4/7/03, 68 FR 16726.. 74:36:01:18........ Municipal solid waste 12/29/96 10/19/98, 63 FR 55804 landfill defined. 74:36:01:19........ Existing municipal solid 12/29/96 10/19/98, 63 FR 55804 waste landfill defined. 74:36:01:20........ Physical change or change 4/4/99 4/7/03, 68 FR 16726.. in the method of operation. ---------------------------------------------------------------------------------------------------------------- 74:36:02 Ambient Air Quality ---------------------------------------------------------------------------------------------------------------- 74:36:02:01........ Air quality goals........ 4/22/93 10/19/98, 63 FR 55804 74:36:02:02........ Ambient air quality 6/27/00 4/7/03, 68 FR 16726.. standards. 74:36:02:03........ Methods of sampling and 6/27/00 4/7/03, 68 FR 16726.. analysis. 74:36:02:04........ Air quality monitoring 6/27/00 4/7/03, 68 FR 16726.. network. 74:36:02:05........ Ambient air monitoring 6/27/00 4/7/03, 68 FR 16726.. requirements. ---------------------------------------------------------------------------------------------------------------- 74:36:03 Air Quality Episodes ---------------------------------------------------------------------------------------------------------------- 74:36:03:01........ Air pollution emergency 1/5/95 10/19/98, 63 FR 55804 episode. 74:36:03:02........ Episode emergency 1/5/95 10/19/98, 63 FR 55804 contingency plan. ---------------------------------------------------------------------------------------------------------------- 74:36:04 Operating Permits for Minor Sources ---------------------------------------------------------------------------------------------------------------- 74:36:04:01........ Applicability............ 4/22/93 10/19/98, 63 FR 55804 74:36:04:02........ Permit required.......... 1/5/95 10/19/98, 63 FR 55804 74:36:04:03........ Operating permit 4/4/99 4/7/03, 68 FR 16726.. Except 74:36:04:03.01, exemptions. Minor permit variance, not in SIP. 74:36:04:04........ Standard for issuance of 1/5/95 10/19/98, 63 FR 55804 operating permit. 74:36:04:05........ Time period for operating 4/22/93 10/19/98, 63 FR 55804 permits and renewals. 74:36:04:06........ Timely and complete 9/1/03 5/10/04 69 FR 25839.. application for operating permit required. 74:36:04:07........ Required contents of 4/22/93 10/19/98, 63 FR 55804 complete application for operating permit. 74:36:04:08........ Applicant required to 1/5/95 10/19/98, 63 FR 55804 supplement or correct application. 74:36:04:09........ Permit 4/4/99 4/7/03, 68 FR 16726.. application_Completeness review. 74:36:04:10........ Time period for 4/22/93 10/19/98, 63 FR 55804 department's recommendation. 74:36:04:11........ Department's 4/4/99 4/7/03, 68 FR 16726.. recommendation on operating permit. 74:36:04:12........ Public participation in 4/4/99 4/7/03, 68 FR 16726.. permitting process. 74:36:04:12.01..... Public review of 4/4/99 4/7/03, 68 FR 16726.. department's draft permit. 74:36:04:13........ Final permit 4/4/99 4/7/03, 68 FR 16726.. decision_Notice to interested persons. 74:36:04:14........ Right to petition for 4/4/99 4/7/03, 68 FR 16726.. contested case hearing. 74:36:04:15........ Contents of operating 4/22/93 10/19/98, 63 FR 55804 permit. 74:36:04:16........ Operating permit 4/22/93 10/19/98, 63 FR 55804 expiration. 74:36:04:17........ Renewal of operating 1/5/95 10/19/98, 63 FR 55804 permit. 74:36:04:18........ Operating permit revision 4/4/99 4/7/03, 68 FR 16726.. 74:36:04:19........ Administrative permit 4/4/99 4/7/03, 68 FR 16726.. amendment. 74:36:04:20........ Procedures for 4/4/99 4/7/03, 68 FR 16726.. administrative permit amendments. 74:36:04:20.01..... Minor permit amendment 4/4/99 4/7/03, 68 FR 16726.. required. 74:36:04:20.02..... Requirements for minor 1/5/95 10/19/98, 63 FR 55804 permit amendment. 74:36:04:20.03..... Application for minor 1/5/95 10/19/98, 63 FR 55804 permit amendment. 74:36:04:20.04..... Department deadline to 4/4/99 4/7/03, 68 FR 16726.. approve minor permit amendment. 74:36:04:21........ Permit modifications..... 1/5/95 10/19/98, 63 FR 55804 74:36:04:22........ Source status change_-new 4/4/99 4/7/03, 68 FR 16726.. permit required. 74:36:04:23........ Reopening operating 4/22/93 10/19/98, 63 FR 55804 permit for cause. 74:36:04:24........ Procedures to reopen 4/22/93 10/19/98, 63 FR 55804 operating permit. 74:36:04:25........ General permit (repealed) 12/29/96 10/19/98, 63 FR 55804 74:36:04:26........ General permit_Notice of 12/29/96 10/19/98, 63 FR 55804 intent (repealed). 74:36:04:27........ Operating permit 4/22/93 10/19/98, 63 FR 55804 termination, modification, and revocation. 74:36:04.28........ Notice of operating 4/22/93 10/19/98, 63 FR 55804 noncompliance_Contents. 74:36:04:29........ Petition for contested 4/22/93 10/19/98, 63 FR 55804 case on alleged violation. 74:36:04:30........ Stack performance tests 12/29/96 10/19/98, 63 FR 55804 required (repealed). 74:36:04:31........ Circumvention of 4/22/93 10/19/98, 63 FR 55804 emissions not allowed. 74:36:04:32........ General permits.......... 9/1/03 5/10/04 69 FR 25839.. 74:36:04:33........ Secretary may require an 9/1/03 5/10/04 69 FR 25839.. individual permit. ---------------------------------------------------------------------------------------------------------------- 74:36:06 Regulated Air Pollutant Emissions ---------------------------------------------------------------------------------------------------------------- 74:36:06:01........ Applicability............ 1/5/95 10/19/98, 63 FR 55804 74:36:06:02........ Allowable emissions for 4/4/99 4/7/03, 68 FR 16726.. fuel-burning units. 74:36:06:03........ Allowable emissions for 4/4/99 4/7/03, 68 FR 16726.. process industry units. 74:36:06:04........ Particulate emission 4/22/93 10/19/98, 63 FR 55804 restrictions for incinerators and waste wood burners. 74:36:06:05........ Most stringent 4/22/93 10/19/98, 63 FR 55804 interpretation applicable. 74:36:06:06........ Stack performance test... 4/22/93 10/19/98, 63 FR 55804 74:36:06:07........ Open burning practices 4/4/99 4/7/03, 68 FR 16726.. prohibited. ---------------------------------------------------------------------------------------------------------------- 74:36:07 New Source Performance Standards \2\ ---------------------------------------------------------------------------------------------------------------- 74:36:07:08........ Ash Disposal requirements 12/29/96 5/22/00, 65 FR 32033. 74:36:07:11........ Additional permit 4/4/99 5/22/00, 65 FR 32033. requirements for asphalt plants (repealed). 74:36:07:29........ Operating requirements 4/22/93 9/6/95, 60 FR 46222.. for wire reclamation furnaces. 74:36:07:30........ Monitoring requirements 4/22/93 9/6/95, 60 FR 46222.. for wire reclamation furnaces. ---------------------------------------------------------------------------------------------------------------- 74:36:10 New Source Review ---------------------------------------------------------------------------------------------------------------- 74:36:10:01........ Applicability............ 4/22/93 10/19/98, 63 FR 55804 74:36:10:02........ Definitions.............. 9/1/03 5/10/04 69 FR 25839.. 74:36:10:03........ Net emissions increase 9/1/03 5/10/04 69 FR 25839.. defined (repealed). 74:36:10:03:01..... New source review 9/1/03 5/10/04 69 FR 25839.. preconstruction permit required. 74:36:10:04........ Criteria for 9/1/03 5/10/04 69 FR 25839.. creditability of increase or decrease in actual emissions (repealed). 74:36:10:05........ New source review 9/1/03 5/10/04 69 FR 25839.. preconstruction permit. 74:36:10:06........ Causing or contributing 9/1/03 5/10/04 69 FR 25839.. to violation of any national ambient air quality standard. 74:36:10:07........ Determining credit for 9/1/03 5/10/04 69 FR 25839.. emission offsets. 74:36:10:08........ Projected actual 9/1/03 5/10/04 69 FR 25839.. emissions. 74:36:10:09........ Clean unit test for 9/1/03 5/10/04 69 FR 25839.. emission units subject to lowest achievable emission rate. 74:36:10:10........ Clean unit test for 9/1/03 5/10/04 69 FR 25839.. emission units comparable to lowest achievable emission rate. ---------------------------------------------------------------------------------------------------------------- 74:36:11 Performance Testing ---------------------------------------------------------------------------------------------------------------- 74:36:11:01........ Stack performance testing 9/1/03 5/10/04 69 FR 25839.. or other testing methods. 74:36:11:02........ Secretary may require 12/29/96 10/19/98 63 FR 55804. performance tests. 74:36:11:03........ Notice to department of 12/29/96 10/19/98 63 FR 55804. performance test. 74:36:11:04........ Testing new fuels or raw 4/4/99 2/3/00 65 FR 5264.... materials. ---------------------------------------------------------------------------------------------------------------- 74:36:12 Control of Visible Emissions ---------------------------------------------------------------------------------------------------------------- 74:36:12:01........ Restrictions on visible 6/27/00 4/7/03, 68 FR 16726.. emissions. 74:36:12:02........ Exceptions to 4/22/93 10/19/98, 63 FR 55804 restrictions. 74:36:12:03........ Exceptions granted to 1/5/95 10/19/98, 63 FR 55804 alfalfa pelletizers or dehydrators. ---------------------------------------------------------------------------------------------------------------- 74:36:13 Continuous Emissions Monitoring Systems ---------------------------------------------------------------------------------------------------------------- 74:36:13:01........ Secretary may require 4/22/93 10/19/98, 63 FR 55804 continuous emission monitoring systems (CEMS). 74:36:13:02........ Minimum performance 6/27/00 4/7/03, 68 FR 16726.. specifications for all continuous emission monitoring systems. 74:36:13:03........ Reporting requirements... 6/27/00 4/7/03, 68 FR 16726.. 74:36:13:04........ Notice to department of 6/27/00 4/7/03, 68 FR 16726.. exceedance. 74:36:13:05........ Compliance determined by 4/22/93 10/19/98. 63 FR 55804 data from continuous emission monitor. 74:36:13:06........ Compliance certification. 1/5/95 10/19/98, 63 FR 55804 74:36:13:07........ Credible evidence........ 6/27/00 4/7/03, 68 FR 16726.. ---------------------------------------------------------------------------------------------------------------- 74:36:17 Rapid City Street Sanding and Deicing ---------------------------------------------------------------------------------------------------------------- 74:36:17:01........ Applicability............ 2/11/96 6/10/02, 67 FR 39619. 74:36:17:02........ Reasonable available 2/11/96 6/10/02, 67 FR 39619. control technology. 74:36:17:03........ Street sanding 2/11/96 6/10/02, 67 FR 39619. specifications. 74:36:17:04........ Street deicing and 2/11/96 6/10/02, 67 FR 39619. maintenance plan. 74:36:17:05........ Street sanding and 2/11/96 6/10/02, 67 FR 39619. sweeping recordkeeping. 74:36:17:06........ Inspection authority..... 2/11/96 6/10/02, 67 FR 39619. ---------------------------------------------------------------------------------------------------------------- 74:36:18 Regulations for State Facilities in the Rapid City Area ---------------------------------------------------------------------------------------------------------------- 74:36:18:01........ Definitions.............. 7/1/02 1/20/04, 69 FR 2671.. 74:36:18:02........ Applicability............ 7/1/02 1/20/04, 69 FR 2671.. 74:36:18:03........ Permit required.......... 7/1/02 1/20/04, 69 FR 2671.. 74:36:18:04........ Time period for permits 7/1/02 1/20/04, 69 FR 2671.. and renewals. 74:36:18:05........ Required contents of a 7/1/02 1/20/04, 69 FR 2671.. complete application for a permit. 74:36:18:06........ Contents of permit....... 7/1/02 1/20/04, 69 FR 2671.. 74:36:18:07........ Permit expiration........ 7/1/02 1/20/04, 69 FR 2671.. 74:36:18:08........ Renewal of permit........ 7/1/02 1/20/04, 69 FR 2671.. 74:36:18:09........ Reasonably available 7/1/02 1/20/04, 69 FR 2671.. control technology required. 74:36:18:10........ Visible emission limit 7/1/02 1/20/04, 69 FR 2671.. for construction and continuous operation activities. 74:36:18:11........ Exception to visible 7/1/02 1/20/04, 69 FR 2671.. emission limit. 74:36:18:12........ Notice of operating 7/1/02 1/20/04, 69 FR 2671 . noncompliance_Contents. ---------------------------------------------------------------------------------------------------------------- \1\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. \2\ The listed provisions are the only provisions of 74:36:07 included in the SIP. (2) Pennington County Ordinance. ---------------------------------------------------------------------------------------------------------------- EPA approval date and Ordinance citation Title/subject Adoption date citation \3\ Explanations ---------------------------------------------------------------------------------------------------------------- Ordinance #12_Fugitive Dust Regulation_1.0 Control of Fugitive Dust ---------------------------------------------------------------------------------------------------------------- 1.1.................. Applicability............. 12/12/78 7/30/79, 44 FR 44494. 1.2.................. Definitions............... 12/12/78 7/30/79, 44 FR 44494. 1.3.................. Standard of Compliance.... 12/12/78 7/30/79, 44 FR 44494. 1.4.................. Reasonably available 12/12/78 7/30/79, 44 FR 44494. control technology required. 1.5.................. Fugitive dust control 12/12/78 7/30/79, 44 FR 44494. permits required for construction activities, i.e., temporary operations. 1.6.................. Compliance plans and 12/12/78 7/30/79, 44 FR 44494. schedules required, i.e., continuous operations. 1.7.................. Enforcement procedures.... 12/12/78 7/30/79, 44 FR 44494. 1.8.................. Establishment of 12/12/78 7/30/79, 44 FR 44494. administrative mechanisms. 1.9.................. Separability.............. 12/12/78 7/30/79, 44 FR 44494. ---------------------------------------------------------------------------------------------------------------- \3\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. (d) EPA-approved source-specific requirements. ---------------------------------------------------------------------------------------------------------------- State EPA approval date and Name of source Nature of requirement effective date citation \4\ Explanations ---------------------------------------------------------------------------------------------------------------- South Dakota State University Variance No. AQ 79-02. 3/18/82 7/7/83, 48 FR 31199... Variance expired steam generating Plant. on 3/18/85. ---------------------------------------------------------------------------------------------------------------- \4\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. (e) EPA-approved nonregulatory provisions. ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or non- State submittal EPA approval date Explanations provision attainment area date/adopted date and citation \5\ ---------------------------------------------------------------------------------------------------------------- I. South Dakota's Air Pollution Statewide......... Submitted: 1/27/72 5/31/72, 37 FR Control Implementation Plan. and 5/2/72 10842 with Contains the following Adopted: 1/17/72. correction and sections: clarification on 7/ A. Introduction 27/72, 37 FR B. Legal Authority 15080. C. Control Strategy D. Compliance Schedule E. Prevention of Air Pollution Emergency Episodes F. Air Quality Surveillance G. Review of New Sources and Modifications H. Source Surveillance I. Resources J. Intergovernmental Cooperation II. Part D Plan for Total Rapid City........ Submitted: 12/27/ 7/30/79 44 FR Suspended Particulate. 78 Adopted: 12/78. 44494. III. SIP to meet Air Quality Statewide......... Submitted: 1/21/80 9/4/80, 45 FR Monitoring 40 CFR part 58, 58528. subpart c, paragraph 58.20 and public notification required under section 127 of the Clean Air Act. IV. Lead SIP................... Statewide......... Submitted: 5/4/84. 9/26/84, 49 FR 37752. V. Stack Height Demonstration Statewide......... Submitted: 8/20/96 6/7/89, 54 FR Analysis. and 12/3/86. 24334. VI. Commitment to revise stack Statewide......... Submitted: 5/11/88 9/2/88, 53 FR height rules in response to 34077. NRDC v. Thomas, 838 F.2d 1224 (DC Cir. 1988). VII. PM10 Committal SIP........ Statewide......... Submitted: 7/12/88 10/5/90, 55 FR 4083.1 VIII. Small Business Assistance Statewide......... Submitted: 11/10/ 10/25/94, 59 FR Program. 92 and 4/1/94. 53589. IX. Commitment regarding permit Rapid City........ Submitted: 7/19/95 6/10/02, 67 FR exceedences of the PM10 39619. standard in Rapid City. ---------------------------------------------------------------------------------------------------------------- \5\ In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. [70 FR 11128, Mar. 8, 2005] § 52.2171 Classification of regions. top The South Dakota plan evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Metropolitan Sioux City Interstate................... III III III III III Metropolitan Sioux Falls Interstate.................. II III III III III Black Hills_Rapid City Intrastate.................... III III III III III South Dakota Intrastate.............................. III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10893, May 31, 1972] § 52.2172 Approval status. top With the exceptions set forth in this subpart, the Administrator approves South Dakota's plan as meeting the requirements of section 110 of the Clean Air Act, as amended in 1977. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D of the Clean Air Act, as amended in 1977. [46 FR 54542, Nov. 3, 1981] § 52.2173 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met since the South Dakota Compiled Law 34–16A–21 provides that data which relates to processes or production unique to the owner or which tend to adversely affect a competitive position of the owner shall be held confidential. (b) Delegation of authority: Pursuant to section 114 of the Act, South Dakota requested a delegation of authority to enable it to collect, correlate and release emission data to the public. The Administrator has determined that South Dakota is qualified to receive a delegation of the authority it requested. Accordingly, the Administrator delegates to South Dakota his authority under sections 114(a) (1) and (2) and section 114(c) of the Act, i.e., authority to collect, correlate, and release emission data to the public. [37 FR 15089, July 27, 1972, as amended at 51 FR 40676, Nov. 7, 1986] §§ 52.2174-52.2177 [Reserved] top § 52.2178 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of South Dakota. (c) All applications and other information required pursuant to §52.21 from sources located in the State of South Dakota, except from those sources proposing to locate on Indian reservations, shall be submitted to the Director of the Division of Environmental Regulation, Department of Environment and Natural Resources, Joe Foss Building, Pierre, South Dakota 57501 instead of the EPA Region VIII office. [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 59 FR 47261, Sept. 15, 1994; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003] § 52.2179 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring and new source review. The provisions of §§52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of South Dakota. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of South Dakota. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987] § 52.2180 Stack height regulations. top The State of South Dakota has committed to revise its stack height regulations should EPA complete rulemaking to respond to the decision in NRDC v. Thomas, 838 F.2d 1224 (DC Cir. 1988). In a letter to Douglas M. Skie, EPA, dated May 11, 1988, Joel C. Smith, Administrator, Office of Air Quality and Solid Waste, stated: “ * * * We are submitting this letter to allow EPA to continue to process our current SIP submittal with the understanding that if EPA's response to the NRDC remand modifies the July 8, 1985 regulations, EPA will notify the State of the rules that must be changed to comport with the EPA's modified requirements. The State of South Dakota agrees to make the appropriate changes.” [53 FR 34079, Sept. 2, 1988] § 52.2181 [Reserved] top § 52.2182 PM10 Committal SIP. top On July 12 1988, the State submitted a Committal SIP for the Rapid City Group II PM10 area, as required by the PM10 implementation policy. The SIP commits the State to continue to monitor for PM10 and to submit a full SIP if a violation of the PM10 National Ambient Air Quality Standards is detected. It also commits the State to make several revisions related to PM10 to the existing SIP. [55 FR 40834, Oct. 5, 1990] § 52.2183 Variance provision. top The revisions to the variance provisions in Chapter 74:26:01:31.01 of the South Dakota Air Pollution Control Program, which were submitted by the Governor's designee on September 25, 1991, are disapproved because they are inconsistent with section 110(i) of the Clean Air Act, which prohibits any state or EPA from granting a variance from any requirement of an applicable implementation plan with respect to a stationary source. [58 FR 37426, July 12, 1993] § 52.2184 Operating permits for minor sources. top Emission limitations and related provisions established in South Dakota minor source operating permits, which are issued in accordance with ARSD 74:36:04 and which are submitted to EPA in a timely manner in both proposed and final form, shall be enforceable by EPA. EPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures and will be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements of EPA's underlying regulations. [60 FR 46228, Sept. 6, 1995] § 52.2185 Change to approved plan. top South Dakota Air Pollution Control Program Chapter 74:36:07, New Source Performance Standards, is removed from the approved plan, except for sections 74:36:07:08, 74:36:07:11 and 74:36:07:29–30. On April 2, 2002, we issued a letter delegating responsibility for all sources located, or to be located, in the State of South Dakota subject to the specified NSPS in 40 CFR part 60. See the table in 40 CFR 60.4 for the delegation status of NSPS to the State of South Dakota. [67 FR 57521, Sept. 11, 2002] § 52.2186 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of South Dakota” and all revisions submitted by South Dakota that were federally approved prior to November 15, 2004. (b) The plan was officially submitted on January 27, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Request for delegation of authority submitted January 27, 1972, by the Governor. (2) Clarification of control regulations (section 1.8.4) submitted April 27, 1972, by the State Department of Health. (3) Clarification of control regulations (section 1.8.4) submitted May 2, 1972, by the Governor. (4) On December 4, 1975, the Governor of South Dakota submitted revisions and additions to the air pollution control regulations (Article 34:10 of the Administrative Rules of South Dakota). The submittal updated rules and regulations; review procedures for newand modified direct sources; variance and enforcement procedure revisions; episode procedure changes; and the addition of new source performance standards similar to those of EPA. (5) Provisions to meet the requirements of Part D of the Clean Air Act, as amended in 1977 were submitted on January 3, 1979. (6) A new control strategy for Brookings, South Dakota was submitted on April 16, 1979. (7) On January 21, 1980, the Governor submitted a plan revision to meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart C, §58.20, and Public Notification required under section 127 of the Clean Air Act. (8) Provisions to meet the requirements of Part D of the Clean Air Act, as amended in 1977, were submitted on October 16, 1980. (9) On September 13, 1982, the Governor submitted a plan revision for a new control strategy for Brookings, South Dakota and an amendment to the opacity regulation for alfalfa pelletizers. (10) On May 4, 1984, the Governor submitted a plan revision for lead and repealed the hydrocarbon standard. (11) On January 28, 1988, the Governor submitted a plan revision (1) updating citations to Federal regulations in the South Dakota air pollution control regulations (Administrative Rules of South Dakota 74:26), (2) adopting new ambient air quality standards for particulates (PM10), (3) revising the State administrative procedures for handling permit hearings and contested cases, and (4) correcting deficiencies in the stack height regulations. (i) Incorporation by reference. (A) Revisions to the Administrative Rules of South Dakota (ARSD) 74:26:01:12, ARSD 74:26:01:35, ARSD 74:26:01:37, ARSD 74:26:01:64, ARSD 74:26:08 through ARSD 74:26:23, inclusive, and addition of a new section, ARSD 74:26:02:35, were revised through November 24, 1987. (12) In a letter dated August 7, 1986, the Governor submitted revisions to the South Dakota SIP adopting federal stack height regulations (Administrative Rules of South Dakota 74:26). In a letter dated August 20, 1986, the Administrator, Office of Air Quality and Solid Waste of South Dakota, submitted the stack height demonstration analysis with supplemental information submitted on December 3, 1986. (i) Incorporation by reference. (A) Revisions to the Administrative Rules of South Dakota 74:26 effective on May 21, 1986. The changes consisted of incorporating definitions for good engineering practices and dispersion techniques into 74:26:01:12, standard for the issuance of construction permit. (B) Stack height demonstration analysis submitted by the State with letters dated August 20, 1986 and December 3, 1986. (13) On September 25, 1992 and February 24, 1992, the Governor of South Dakota submitted revisions to the plan for new source performance standards and asbestos. (i) Incorporation by reference. (A) Revisions to the Air Pollution Control Program, Sections 74:26:08–74:26:21 and 74:26:23–74:26:25, New Source Performance Standards, effective May 13, 1991, Section 74:26:26, Standards of Performance for Municipal Waste Combustors, effective November 24, 1991, and Section 74:26:22, Emission Standards for Asbestos Air Pollutants, effective December 2, 1991. (14) On September 25, 1991, the designee of the Governor of South Dakota submitted revisions to the plan for new source review, operating permits, and the PM–10 Group II requirements. (i) Incorporation by reference (A) Revisions to the Air Pollution Control Program, Sections 74:26:01–74:26:08, effective May 13, 1991. (ii) Additional material (A) Letter dated April 14, 1992, from the South Dakota Department of Environment and Natural Resources to EPA. (15) On November 10, 1992, the Governor of South Dakota's designee submitted a plan for the establishment and implementation of a Small Business Assistance Program to be incorporated into the South Dakota State Implementation Plan as required by section 507 of the Clean Air Act. An amendment to the plan was submitted by the Governor's designee on April 1, 1994. (i) Incorporation by reference. (A) November 10, 1992 letter from the Governor of South Dakota's designee submitting a Small Business Assistance Program plan to EPA. (B) April 1, 1994 letter from the Governor of South Dakota's designee submitting an amendment to the South Dakota Small Business Assistance Program plan to EPA. (C) The State of South Dakota amended plan for the establishment and implementation of a Small Business Assistance Program, adopted January 12, 1994 by the South Dakota Department of Environment and Natural Resources. (D) South Dakota Codified Laws 34A–1–57, effective July 1, 1992 and 34A–1–58 through 60, effective July 1, 1993, which gives the State of South Dakota the authority to establish and fund the South Dakota Small Business Assistance Program. (16) On November 12, 1993 and March 7, 1995, the designee of the Governor of South Dakota submitted revisions to the plan, which included revised regulations for definitions, minor source construction and federally enforceable state operating permit (FESOP) rules, source category emission limitations, sulfur dioxide rule corrections, new source performance standards (NSPS), new source review (NSR) requirements for new and modified major sources impacting nonattainment areas, and enhanced monitoring and compliance certification requirements. The State also requested that the existing State regulations approved in the South Dakota SIP be replaced with the following chapters of the recently recodified Administrative Rules of South Dakota (ARSD): 74:36:01–74:36:04, 74:36:06; 74:36:07, 74:36:10–74:36:13, and 74:36:15, as in effect on January 5, 1995. (i) Incorporation by reference. (A) Revisions to the Administrative Rules of South Dakota, Air Pollution Control Program, Chapters 74:36:01 (except 74:36:01:01(2) and (3)); 74:36:02–74:36:04, 74:36:06; 74:36:07, 74:36:10–74:36:13, and 74:36:15, effective April 22, 1993 and January 5, 1995. (17) On May 2, 1997, the designee of the Governor of South Dakota submitted revisions to the plan. The revisions pertain to revised regulations for definitions, minor source operating permits, open burning, and performance testing. The State's SIP submittal requested that EPA replace the previous version of the ARSD approved into the SIP with the following chapters of the ARSD as in effect on December 29, 1996: 74:36:01 through 74:36:03, 74:36:04 (with the exception of section 74:36:04:03.01), 74:36:06, 74:36:07, 74:36:10–13, and 74:36:17. EPA is replacing all of the previously approved State regulations, except the NSPS rules in ARSD 74:36:07, with those regulations listed in paragraph (c)(17)(i)(A). ARSD 74:36:07, as in effect on January 5, 1995 and as approved by EPA at 40 CFR 52.2170(c)(16)(i)(A), will remain part of the SIP. [Note that EPA is not incorporating the revised ARSD 74:36:07, new ARSD 74:36:11:04, or new ARSD 74:36:17 in this action, as these chapters will be acted on separately by EPA.] (i) Incorporation by reference. (A) Revisions to the Administrative Rules of South Dakota, Air Pollution Control Program, Chapters 74:36:01–03; 74:36:04 (except section 74:36:04:03.1); 74:36:06; 74:36:10, 74:36:11 (with the exception of ARSD 74:36:11:04), 74:36:12, and 74:36:13, effective December 29, 1996. (18) On May 2, 1997 and on May 6, 1999, the designee of the Governor of South Dakota submitted revisions to the new source performance standards in subchapter 74:36:07 of the Administrative Rules of South Dakota (ARSD). (i) Incorporation by reference. (A) Revisions to the Administrative Rules of South Dakota, Air Pollution Control Program, Chapter 74:36:07—New Source Performance Standards, subsections 74:36:07:01 through 74:36:07:10, 74:36:07:12 through 74:36:07:28, 74:36:07:31 through 74:36:07:33, and 74:36:07:43, effective December 29, 1996. (B) Revisions to the Administrative Rules of South Dakota, Air Pollution Control Program, Chapter 74:36:07—New Source Performance Standards, subsections 74:36:07:06.02, 74:36:07:07.01, 74:36:07:11, and 74:36:07:43, effective April 4, 1999. (19) On May 2, 1997 and on May 6, 1999, the designee of the Governor of South Dakota submitted provisions in Section 74:36:11:04 of the Administrative Rules of South Dakota. The provisions allow permitted sources to request permission to test a new fuel or raw material, to determine if it is compatible with existing equipment and to determine air emission rates, before requesting a permit amendment or modification if certain conditions are met. (i) Incorporation by reference. (A) Revisions to the Administrative Rules of South Dakota, Air Pollution Control Program, Chapter 74:36:11, Performance Testing, section 74:36:11:04, effective April 4, 1999. (20) On January 22, 1996, the designee of the Governor of South Dakota submitted provisions in Section 74:36:17 of the Administrative rules of South Dakota. The provisions consist of street sanding requirements that apply within the city limits of Rapid City, South Dakota. (i) Incorporation by reference. (A) Administrative Rules of South Dakota, Air Pollution Control Program, Chapter 74:36:17. (ii) Additional materials. (A) Letter of March 25, 1994 from South Dakota Department of Environment and Natural Resources discussing whether EPA should designate Rapid City as nonattainment for the PM–10 standard. (B) Letter of July 19, 1995 from EPA Region VIII discussing with the South Dakota Department of Environment and Natural Resources the exceedances of the PM–10 standard measured in the Rapid City. (C) Letter of November 16, 1995 from the South Dakota Department of Environment and Natural Resources describing the commitment the State of South Dakota has toward permit exceedances of the PM–10 standard in the future. (D) Letter of January 22, 1996 from the South Dakota Department of Environment and Natural Resources transmitting Rapid City street sanding requirements. (21) On May 6, 1999 and June 30, 2000, South Dakota submitted revisions to its Air Pollution Control Program Rules. The sections of the rule being approved replace the same numbered sections that have previously been approved into the SIP. The provisions of section 74:36:07, except 74:36:07:29 and 74:36:07:30, which have previously been incorporated by reference in paragraphs (c)(16)(i)(A) and (c)(18)(i) of this section, are being removed from the South Dakota SIP. (i) Incorporation by reference. (A) Sections 74:36:01:01(1) through (79), effective 4/4/1999; 74:36:01:03, effective 4/4/1999; 74:36:01:05, effective 4/4/1999; 74:36:01:07, effective 4/4/1999; 74:36:01:08, effective 4/4/1999; 74:36:01:10, effective 4/4/1999; 74:36:01:17, effective 4/4/1999; 74:36:01:20, effective 4/4/1999; 74:36:02:02, effective 6/27/2000; 74:36:02:03, effective 6/27/2000; 74:36:02:04, effective 6/27/2000; 74:36:02:05, effective 6/27/2000; 74:36:04:03, effective 4/4/1999; 74:36:04:09, effective 4/4/1999; 74:36:04:11, effective 4/4/1999; 74:36:04:12, effective 4/4/1999; 74:36:04:12.01, effective 4/4/1999; 74:36:04:13, effective 4/4/1999; 74:36:01:14, effective 4/4/1999; 74:36:04:18, effective 4/4/1999; 74:36:04:19, effective 4/4/1999; 74:36:04:20, effective 4/4/1999; 74:36:04:20.01, effective 4/4/1999; 74:36:04:20.04, effective 4/4/1999; 74:36:04:22, effective 4/4/1999; 74:36:06:02, effective 4/4/1999; 74:36:06:03, effective 4/4/1999; 74:36:06:07, effective 4/4/1999; 74:36:11:01, effective 6/27/2000; 74:36:12:01, effective 6/27/2000; 74:36:13:02, effective 6/27/2000; 74:36:13:03, effective 6/27/2000; 74:36:13:04, effective 6/27/2000; and 74:36:13:07, effective 6/27/2000. (22) On June 27, 2002, the designee of the Governor of South Dakota submitted revisions to the State Implementation Plan. The June 27, 2002 submittal consists of revisions to the Administrative Rules of South Dakota. These revisions add a new chapter 74:36:18, “Regulations for State Facilities in the Rapid City Area”. Chapter 74:36:18 regulates fugitive emissions of particulate matter from state facilities and state contractors that conduct a construction activity or continuous operation activity within the Rapid City air quality control zone. (i) Incorporation by reference. (A) Chapter 74:36:18 of the Administrative Rules of South Dakota, effective July 1, 2002. (23) On September 12, 2003, the designee of the Governor of South Dakota submitted revisions to the State Implementation Plan. The September 12, 2003 submittal revises the following chapters of the Administrative Rules of South Dakota: 74:36:01, 74:36:04, 74:36:10 and 74:36:11. (i) Incorporation by reference. (A) Administrative Rules of South Dakota, Chapter 74:36:01, sections 74:36:01:01(77), 74:36:01:01(80), and 74:36:01:01(81); Chapter 74:36:04, sections 74:36:04:06, 74:36:04:32 and 74:36:04:33; Chapter 74:36:10, except section 74:36:10:01; and Chapter 74:36:11, section 74:36:11:01, effective September 1, 2003. [37 FR 15089, July 27, 1972] Editorial Note: For Federal Register citations affecting §52.2186, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart RR—Tennessee top § 52.2219 [Reserved] top § 52.2220 Identification of plan. top Link to an amendment published at 71 FR 19126, Apr. 13, 2006. (a) Purpose and scope. This section sets forth the applicable State implementation plan for Tennessee under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraph (c) of this section with an EPA approval date prior to December 1, 1998, for Tennessee (Table 1, the Tennessee State Implementation Plan), January 1, 2003 for Memphis Shelby County (Table 2, the Memphis Shelby County portion of the Tennessee State Implementation Plan), March 1, 2005, for Knox County (Table 3, the Knox County portion of the Tennessee State Implementation Plan), April 1, 2005 for Chattanooga, Tennessee (Table 4, the Chattanooga portion of the Tennessee State Implementation Plan), April 1, 2005, for Nashville-Davidson County (Table 5, the Nashville-Davidson County portion of the Tennessee State Implementation Plan) and paragraph (d) of this section with an EPA approval date prior to December 1, 1998, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraph (c) of this section with EPA approval dates after December 1, 1998, for Tennessee (Table 1, the Tennessee State Implementation Plan), January 1, 2003 for Memphis Shelby County (Table 2, the Memphis Shelby County portion of the Tennessee State Implementation Plan), March 1, 2005, for Knox County (Table 3, the Knox County portion of the Tennessee State Implementation Plan), April 1, 2005 for Chattanooga (Table 4, the Chattanooga portion of the Tennessee State Implementation Plan), April 1, 2005, for Nashville-Davidson County (Table 5, the Nashville-Davidson County portion of the Tennessee State Implementation Plan) and paragraph (d) of this section with an EPA approval date prior to December 1, 1998, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of the dates referenced in paragraph (b)(1). (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. Table-1_EPA Approved Tennessee Regulations ---------------------------------------------------------------------------------------------------------------- EPA State citation Title/subject Adoption approval Federal Register Notice date date ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-1 GENERAL PROVISIONS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-1-.01............. General Rules............ 02/09/77 03/29/85 50 FR 12540. Section 1200-3-1-.02............. Severability............. 10/12/79 06/24/82 47 FR 27267. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-2 DEFINITIONS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-2-.01............. General Definitions...... 06/26/93 9/16/02 67 FR 46595. ---------------------------------------------------------------------------------------------------------------- Section 1200-3-2-.02............. Abbreviations............ 02/09/77 03/29/85 50 FR 12540. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-3 AIR QUALITY STANDARDS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-3-.01............. Primary Air Quality 02/09/77 03/29/85 50 FR 12540. Standards. Section 1200-3-3-.02............. Secondary Air Quality 02/09/77 03/29/85 50 FR 12540. Standards. Section 1200-3-3-.03............. Tennessee's Ambient Air 12/05/84 03/29/85 50 FR 12539. Quality Standards. Section 1200-3-3-.04............. Nondegradation........... 02/09/77 03/29/85 50 FR 12540. Section 1200-3-3-.05............. Achievement.............. 08/02/83 04/07/93 58 FR 18011. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-4 OPEN BURNING ---------------------------------------------------------------------------------------------------------------- Section 1200-3-4-.01............. Purpose.................. 02/09/77 03/29/85 50 FR 12540. Section 1200-3-4-.02............. Open Burning Prohibited.. 03/21/79 06/24/82 47 FR 27268. Section 1200-3-4-.03............. Exceptions to Prohibition 02/09/77 03/29/85 50 FR 12540. Section 1200-3-4-.04............. Permits for Open Burning. 06/21/79 06/24/82 47 FR 27268. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-5 VISIBLE EMISSION REGULATIONS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-5-.01............. General Standards........ 06/07/92 08/15/97 62 FR 43643. Section 1200-3-5-.02............. Exceptions............... 06/07/92 08/15/97 62 FR 43643. Section 1200-3-5-.03............. Method of Evaluating and 06/07/92 08/15/97 62 FR 43643. Recording. Section 1200-3-5-.04............. Exemption................ 06/07/92 08/15/97 62 FR 43643. Section 1200-3-5-.05............. Standard for Certain 06/07/92 08/15/97 62 FR 43643. Existing Sources. Section 1200-3-5-.06............. Wood-Fired Fuel Burning 06/07/92 08/15/97 62 FR 43643. Equipment. Section 1200-3-5-.07............. Repealed................. 06/07/92 08/15/97 62 FR 43643. Section 1200-3-5-.08............. Titanium Dioxide (TiO2) 06/07/92 08/15/97 62 FR 43643. Manufacturing. Section 1200-3-5-.09............. Kraft Mill and Soda Mill 04/06/98 09/16/02 67 FR 46595. Recovery. Section 1200-3-5-.10............. Choice of Visible 06/07/92 08/15/97 62 FR 43643. Emission Standard for Certain Fuel Burning Equipment. Section 1200-3-5-.11............. Repealed................. 04/06/98 09/16/02 67 FR 46595. Section 1200-3-5-.12............. Coke Battery Underfire 06/07/92 08/15/97 62 FR 43643. (combustion) Stacks. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-6 NON-PROCESS EMISSION STANDARDS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-6-.01............. General Non-Process 06/21/79 06/24/82 47 FR 27268. Emissions. Section 1200-3-6-.02............. Non-Process Particulate 09/08/80 06/24/82 47 FR 27268. Emission Standards. Section 1200-3-6-.03............. General Non-Process 06/21/79 06/24/82 47 FR 27268. Gaseous Emissions. Section 1200-3-6-.04............. (Deleted)................ 06/21/79 06/24/82 47 FR 27268. Section 1200-3-6-.05............. Wood-Fired Fuel Burning 05/30/87 11/23/88 53 FR 47530. Equipment. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-7 PROCESS EMISSION STANDARDS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-7-.01............. General Process 03/02/79 06/24/82 47 FR 27269. Particulate Emission Standards. Section 1200-3-7-.02............. Choice of Particulate 04/12/78 06/07/79 44 FR 32681. Emission Standards_Existing Process. Section 1200-3-7-.03............. New Processes............ 06/21/79 06/24/82 47 FR 27269. Section 1200-3-7-.04............. Limiting Allowable 03/21/79 06/07/79 44 FR 32681. Emissions. Section 1200-3-7-.05............. Specific Process Emission 06/07/74 06/07/79 44 FR 32681. Standards. Section 1200-3-7-.06............. Standards of Performance 06/07/74 06/07/79 44 FR 32681. for New Stationary Sources. Section 1200-3-7-.07............. General Provisions and 01/22/82 06/12/96 61 FR 29666. Applicability for Process Gaseous Emission Standards. Section 1200-3-7-.08............. Specific Process Emission 09/22/80 01/31/96 61 FR 3318. Standards. Section 1200-3-7-.09............. Sulfuric Acid Mist....... 02/09/77 03/29/85 50 FR 12540. Section 1200-3-7-.10............. Grain Loading Limit for 03/21/79 06/24/82 47 FR 27269. Certain Existing Sources. Section 1200-3-7-.11............. Carbon Monoxide, Electric 10/25/79 06/24/82 47 FR 27267. Arc Furnaces. Section 1200-3-7-.12............. Carbon Monoxide, 01/22/82 06/21/82 47 FR 26621. Catalytic Cracking Units. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-8 FUGITIVE DUST ---------------------------------------------------------------------------------------------------------------- Section 1200-3-8-.01............. Fugitive Dust............ 07/11/80 06/24/82 47 FR 27269. Section 1200-3-8-.02............. Special Nonattainment 03/21/79 06/24/82 47 FR 27269 Area Fugitive Dust Requirements. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-9 CONSTRUCTION AND OPERATING PERMITS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-9-.01............. Construction Permits..... 01/26/99 7/19/99 64 FR 38582. Section 1200-3-9-.02............. Operating Permits........ 09/21/94 02/13/97 62 FR 6724. Section 1200-3-9-.03............. General Provisions....... 02/09/77 03/29/85 50 FR 12540. Section 1200-3-9-.04............. Exemptions............... 08/26/95, 10/28/02 67 FR 55322. 08/28/95 Section 1200-3-9-.05............. Appeal of Permit 11/16/79 06/24/82 47 FR 27269. Application Denials and Permit Conditions. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-10 REQUIRED SAMPLING, RECORDING, AND REPORTING ---------------------------------------------------------------------------------------------------------------- Section 1200-3-10-.01............ Sampling Required to 12/14/81 03/19/96 61 FR 11136. Establish Contaminant Emission Levels. Section 1200-3-10-.02............ Monitoring of Source 02/14/96 01/07/00 65 FR 1070. Emissions, Recording, Reporting of the Same are Required. Section 1200-3-10-04............. Sampling Recording and 09/12/94 01/19/00 65 FR 2880. Reporting Required For Major Stationary Sources. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-12 METHODS OF SAMPLING AND ANALYSIS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-12-.01............ General.................. 02/09/77 03/29/85 50 FR 12540. Section 1200-3-12-.02............ Procedures for Ambient 01/18/80 06/24/82 47 FR 27270. Sampling and Analysis. Section 1200-3-12-.03............ Source Sampling and 08/01/84 03/29/85 50 FR 12539. Analysis. Section 1200-3-12-.04............ Monitoring Required for 12/28/96 01/07/00 65 FR 1070. Determining Compliance of Certain Large Sources. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-13 VIOLATIONS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-13-.01............ Violation Statement...... 06/07/74 06/07/79 44 FR 32681.' ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-14 CONTROL OF SULFUR DIOXIDE EMISSIONS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-14-.01............ General Provisions....... 08/01/84 04/07/93 58 FR 18011. Section 1200-3-14-.02............ Non-Process Emission 08/01/84 04/07/93 58 FR 18011. Standards. Section 1200-3-14-.03............ Process Emission 03/21/93 03/19/96 61 FR 11136. Standards. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-15 EMERGENCY EPISODE REQUIREMENTS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-15-.01............ Purpose.................. 02/09/77 03/29/85 50 FR 12540. Section 1200-3-15-.02............ Episode Criteria......... 06/26/93 09/15/94 59 FR 47256. Section 1200-3-15-.03............ Required Emissions 05/15/81 06/24/82 47 FR 27267. Reductions. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-17 CONFLICT OF INTEREST ---------------------------------------------------------------------------------------------------------------- Section 1200-3-17-.01............ Purpose and Intent....... 09/18/96 10/28/02 67 FR 55322 Section 1200-3-17-.02............ Conflict of Interest on 09/18/96 10/28/02 67 FR 55322 the Part of the Board and Technical Secretary. Section 1200-3-17-.03............ Conflict of Interest in 09/18/96 10/28/02 67 FR 55322 the Permitting of Municipal Solid Waste Incineration Units. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-18 VOLATILE ORGANIC COMPOUNDS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-18-.01............ Definitions.............. 01/12/98 06/03/03 68 FR 33009. Section 1200-3-18-.02............ General Provisions and 02/23/96 07/18/96 61 FR 37387. Applicability. Section 1200-3-18-.03............ Compliance Certification, 02/08/96 07/18/96 61 FR 37387. Recordkeeping, and Reporting Requirements for Coating and Printing Sources. Section 1200-3-18-.04............ Compliance Certification, 02/08/96 07/18/96 61 FR 37387. Recordkeeping, and Reporting Requirements for Non-Coating and Non- Printing Sources. Section 1200-3-18-.05............ (Reserved)............... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.06............ Handling, Storage, Use, 06/04/96 08/27/96 61 FR 43972. and Disposal of Volatile Organic Compounds (VOC). Section 1200-3-18-.07............ Source-Specific 05/18/93 02/27/95 60 FR 10504. Compliance Schedules. Section 1200-3-18-.08............ (Reserved)............... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.09............ (Reserved)............... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.10............ (Reserved)............... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.11............ Atomobile and Light-Duty 05/18/93 02/27/95 60 FR 10504. Truck Coating Operations. Section 1200-3-18-.12............ Can Coating.............. 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.13............ Coil Coating............. 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.14............ Paper and Related Coating 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.15............ Fabric Coating........... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.16............ Vinyl Coating............ 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.17............ Coating of Metal 05/18/93 02/27/95 60 FR 10504. Furniture. Section 1200-3-18-.18............ Coating of Large 05/18/93 02/27/95 60 FR 10504, Appliances. Section 1200-3-18-.19............ Coating of Magnet Wire... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.20............ Coating of Miscellaneous 01/26/99 11/3/99 64 FR 59628 Metal Parts. Section 1200-3-18-.21............ Coating of Flat Wood 02/08/96 07/18/96 61 FR 37387. Paneling. Section 1200-3-18-.22............ Bulk Gasoline Plants..... 12/29/04 8/26/05 70 FR 50199. Section 1200-3-18-.23............ Bulk Gasoline Terminals.. 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.24............ Gasoline Dispensing 12/29/04 8/26/05 70 FR 50199. Facility_Stage I and Stage II Vapor Recovery. Section 1200-3-18-.25............ Leaks from Gasoline Tank 05/18/93 02/27/95 60 FR 10504. Trucks. Section 1200-3-18-.26............ Petroleum Refinery 05/18/93 02/27/95 60 FR 10504. Sources. Section 1200-3-18-.27............ Leaks from Petroleum 05/18/93 02/27/95 60 FR 10504. Refinery Equipment. Section 1200-3-18-.28............ Petroleum Liquid Storage 05/18/93 02/27/95 60 FR 10504. in External Floating Roof Tanks. Section 1200-3-18-.29............ Petroleum Liquid Storage 05/18/93 02/27/95 60 FR 10504. in Fixed Roof Tanks. Section 1200-3-18-.30............ Leaks from Natural Gas/ 05/18/93 02/27/95 60 FR 10504. Gasoline Processing Equipment. Section 1200-3-18-.31............ Solvent Metal Cleaning... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.32............ Cutback and Emulsified 05/18/93 02/27/95 60 FR 10504. Asphalt. Section 1200-3-18-.33............ Manufacture of 02/21/95 07/18/96 61 FR 37387. Synthesized Pharaceutical Products. Section 1200-3-18-.34............ Pneumatic Rubber Tire 05/18/93 02/27/95 60 FR 10504. Manufacturing. Section 1200-3-18-.35............ Graphic Arts Systems..... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.36............ Petroleum Solvent Dry 02/08/96 07/18/96 61 FR 37387. Cleaners. Section 1200-3-18-.37............ (Reserved)............... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.38............ Leaks from Synthetic 02/08/96 07/18/96 61 FR 37387. Organic Chemical, Polymer, and Resin Manufacturing Equipment. Section 1200-3-18-.39............ Manufacture of High- 05/08/97 07/29/97 62 FR 40458. Density Polyethylene, Polypropylene, and Polystyrene Resins. Section 1200-3-18-.40............ Air Oxidation Processes 05/18/93 02/27/95 60 FR 10504. in the Synthetic Organic Chemical Manufacturing Industry. Section 1200-3-18-.41............ (Reserved)............... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.42............ Wood Furniture Finishing 04/25/96 07/18/96 61 FR 37387. and Cleaning Operations. Section 1200-3-18-.43............ Offset Lithographic 04/22/96 07/18/96 61 FR 37387. Printing Operations. Section 1200-3-18-.44............ Surface Coating of 06/03/96 08/27/96 61 FR 43972. Plastic Parts. Section 1200-3-18-.45............ Standards of Performance 06/03/96 08/27/96 61 FR 43972. for Commercial Motor Vehicle and Mobile Equipment Refinishing Operations. Section 1200-3-18-.48............ Volatile Organic Liquid 06/03/96 08/27/96 61 FR 43972. Storage Tanks. Sections 1200-3-18-.49-.77....... (Reserved)............... 05/18/93 02/27/95 60 FR 10504. Section 1200-3-18-.78............ Other Facilities That 02/08/96 07/18/96 61 FR 37387. Emit Volatile Organic Compounds (VOC's) of Fifty Tons Per Year. Section 1200-3-18-.79............ Other Facilities That 02/08/96 07/18/96 61 FR 37387 Emit Volatile Organic Compounds (VOC's) of One Hundred Tons Per Year. Section 1200-3-18-.80............ Test Methods and 05/18/93 02/27/95 60 FR 10504 Compliance Procedures: General Provisions. Section 1200-3-18-.81............ Test Methods and 05/08/97 07/29/97 62 FR 40458 Compliance Procedures: Determining the Volatile Organic Compound (VOC) Content of Coatings and Inks. Section 1200-3-18-.82............ Test Methods and 05/18/93 02/27/95 60 FR 10504 Compliance Procedures: Alternative Compliance Methods for Surface Coating. Section 1200-3-18-.83............ Test Methods and 05/18/93 02/27/95 60 FR 10504 Compliance Procedures: Emission Capture and Destruction or Removal Efficiency and Monitoring Requirements. Section 1200-3-18-.84............ Test Methods and 05/18/93 02/27/95 60 FR 10504 Compliance Procedures: Determining the Destruction or Removal Efficiency of a Control Device. Section 1200-3-18-.85............ Test Methods and 05/18/93 02/27/95 60 FR 10504 Compliance Procedures: Leak Detection Methods for Volatile Organic Compounds (VOC's). Section 1200-3-18-.86............ Performance 06/03/96 04/14/97 62 FR 18046 Specifications for Continuous Emission Monitoring of Total Hydrocarbons. Section 1200-3-18-.87............ Quality Control 05/18/93 02/27/95 60 FR 10504 Procedures for Continuous Emission Monitoring Systems (CEMS). Section 1200-3-18-.88-.99........ (Reserved)............... 05/18/93 02/27/95 60 FR 10504' ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-19 EMISSION STANDARDS AND MONITORING REQUIREMENTS FOR PARTICULATE AND SULFUR DIOXIDE NONATTAINMENT AREAS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-19-.01............ Purpose.................. 04/30/96 07/30/97 62 FR 40734 Section 1200-3-19-.02............ General Requirements..... 04/30/96 07/30/97 62 FR 40734 Section 1200-3-19-.03............ Particulate and Sulfur 04/30/96 07/30/97 62 FR 40734 Dioxide Nonattainment Areas within Tennessee. Section 1200-3-19-.04............ (Reserved)............... 04/30/96 07/30/97 62 FR 40734 Section 1200-3-19-.05............ Operating Permits and 04/30/96 07/30/97 62 FR 40734 Emission Limiting Conditions. Section 1200-3-19-.06............ Logs for Operating Hours. 04/30/96 07/30/97 62 FR 40734 Section 1200-3-19-.07-.10........ (Reserved)............... 04/30/96 07/30/97 62 FR 40734 Section 1200-3-19-.11............ Particulate Matter 04/30/96 07/30/97 62 FR 40734 Emission Regulations for the Bristol Nonattainment Area. Section 1200-3-19-.12............ Particulate Matter 04/30/96 07/30/97 62 FR 40734 Emission Regulations for Air Contaminant Sources in or Significantly Impacting the Particulate Nonattainment Areas in Campbell County. Section 1200-3-19-.13............ Particulate Emission 04/30/96 07/30/97 62 FR 40734. Regulations for the Bull Run Nonattainment Area and Odoms Bend Nonattainment Area. Section 1200-3-19-.14............ Sulfur Dioxide Emission 04/16/97 9/13/99 64 FR 49397 Regulations for the New Johnsonville Nonattainment Area. Section 1200-3-19-.15............ Particulate Matter 04/30/96 07/30/97 62 FR 40734. Monitoring Requirements for Steam Electric Generating Units in the Bull Run and Odoms Bend Nonattainment Areas. Section 1200-3-19-.16-.18........ (Reserved)............... 04/30/96 07/30/97 62 FR 40734. Section 1200-3-19-.19............ Sulfur Dioxide 11/30/96 9/13/99 64 FR 49398 Regulations for the Copper Basin Nonattainment Area. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-20 LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-20-.01............ Purpose.................. 02/13/79 02/06/80 45 FR 8004. Section 1200-3-20-.02............ Reasonable Measures 02/13/79 02/06/80 45 FR 8004. Required. Section 1200-3-20-.03............ Notice Required When 12/09/81 06/24/82 47 FR 27272. Malfunction Occurs. Section 1200-3-20-.04............ Logs and Reports......... 02/13/79 02/06/80 45 FR 8004. Section 1200-3-20-.05............ Copies of Log Required... 02/13/79 02/06/80 45 FR 8004. Section 1200-3-20-.06............ Scheduled Maintenance.... 02/13/79 02/06/80 45 FR 8004. Section 1200-3-20-.07............ Report Required Upon The 02/13/79 02/06/80 45 FR 8004. Issuance of Notice of Violation. Section 1200-3-20-.08............ Special Reports Required. 02/13/79 02/06/80 45 FR 8004. Section 1200-3-20-.09............ Rights Reserved.......... 02/13/79 02/06/80 45 FR 8004. Section 1200-3-20-.10............ Additional Sources 11/23/79 06/24/82 47 FR 27272.' Covered. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-21 GENERAL ALTERNATE EMISSION STANDARD ---------------------------------------------------------------------------------------------------------------- Section 1200-3-21-.01............ General Alternate 01/22/82 06/24/82 47 FR 27272. Emission Standard. Section 1200-3-21-.02............ Applicability............ 03/22/93 04/18/94 59 FR 18310.' ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-22 LEAD EMISSION STANDARDS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-22-.01............ Definitions.............. 03/18/85 08/12/85 50 FR 32412. Section 1200-3-22-.02............ General Lead Emission 12/05/84 08/12/85 50 FR 32412. Standards. ---------------------------------------------------------------------------------------------------------------- Section 1200-3-22-.03............ Specific Emission January 26, October 29, 66 FR 45633 Standards for Existing 2000 2001 Sources of Lead. Section 1200-3-22-.04............ Standards for New and 12/05/84 08/12/85 50 FR 32412. Modified Sources of Lead. Section 1200-3-22-.05............ Source Sampling and 12/05/84 08/12/85 50 FR 32412. Analysis. Section 1200-3-22-.06............ Lead Ambient Monitoring 12/05/84 08/12/85 50 FR 32412.' Requirements. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-23 VISIBILITY PROTECTION ---------------------------------------------------------------------------------------------------------------- Section 1200-3-23-.01............ Purpose.................. 12/19/94 07/02/97 62 FR 35681. Section 1200-3-23-.02............ Definitions.............. 12/19/94 07/02/97 62 FR 35681. Section 1200-3-23-.03............ General Visibility 12/19/94 07/02/97 62 FR 35681. Protection Standards. Section 1200-3-23-.04............ Specific Emission 12/19/94 07/02/97 62 FR 35681. Standards for Existing Stationary Facilities. Section 1200-3-23-.05............ Specific Emission 12/19/94 07/02/97 62 FR 35681. Standards for Existing Sources. Section 1200-3-23-.06............ Visibility Standards for 12/19/94 07/02/97 62 FR 35681. New and Modified Sources. Section 1200-3-23-.07............ Visibility Monitoring 12/19/94 07/02/97 62 FR 35681. Requirements. Section 1200-3-23-.08............ Exemptions from BART 12/19/94 07/02/97 62 FR 35681.' Requirements. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-24 GOOD ENGINEERING PRACTICE STACK HEIGHT REGULATIONS ---------------------------------------------------------------------------------------------------------------- Section 1200-3-24-.01............ General Provisions....... 08/18/86 10/19/88 53 FR 40881. Section 1200-3-24-.02............ Definitions.............. 08/18/86 10/19/88 53 FR 40881. Section 1200-3-24-.03............ Good Engineering Practice 08/18/86 10/19/88 53 FR 40881. Stack Height Regulations Standards. Section 1200-3-24-.04............ Specific Emission 08/18/86 10/19/88 53 FR 40881.' Standards. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-27 NITROGEN OXIDES ---------------------------------------------------------------------------------------------------------------- Section 1200-3-27-.01............ Definitions.............. 06/14/93 07/29/96 61 FR 39326. Section 1200-3-27-.02............ General Provisions and 11/23/96 10/28/02 67 FR 55322. Applicability. Section 1200-3-27-.03............ Standards and 04/29/96 07/29/96 61 FR 39326. Requirements. Section 1200-3-27-.04............ Standards for Cement 7/27/03 1/22/04 69 FR 3018. Kilns. Section 1200-3-27-.06............ NOX Trading Budget for 7/27/03 1/22/04 69 FR 3018. State Implementation Plans. Section 1200-3-27-.09............ Compliance plans for NOX 11/14/05 12/27/05 70 FR 76410. Emissions From Stationary Internal Combustion Engines. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-29 LIGHT-DUTY MOTOR VEHICLE INSPECTION AND MAINTENANCE ---------------------------------------------------------------------------------------------------------------- Section 1200-3-29-.01............ Purpose.................. 7/08/94 7/28/95 60 FR 38694. Section 1200-3-29-.02............ Definitions.............. 12/29/04 8/26/05 70 FR 50199. Section 1200-3-29-.03............ Motor Vehicle Inspection 12/29/04 8/26/05 70 FR 50199. Requirements. Section 1200-3-29-.04............ Exemption From Motor 12/29/04 8/26/05 70 FR 50199. Vehicle Inspection Requirements. Section 1200-3-29-.05............ Motor Vehicle Emission 12/29/04 8/26/05 70 FR 50199. Performance Test Criteria. Section 1200-3-29-.06............ Motor Vehicle Anti- 12/29/04 8/26/05 70 FR 50199. Tampering Test Criteria. Section 1200-3-29-.07............ Motor Vehicle Emissions 12/29/04 8/26/05 70 FR 50199. Performance Test Methods. Section 1200-3-29-.08............ Motor Vehicle Anti- 12/29/04 8/26/05 70 FR 50199. Tampering Test Methods. Section 1200-3-29-.09............ Motor Vehicle Inspection 12/29/04 8/26/05 70 FR 50199. Program. Section 1200-3-29-.10............ Motor Vehicle Inspection 12/29/04 8/26/05 70 FR 50199. Fee. Section 1200-3-29-.12............ Area of Applicability.... 12/29/2004 8/26/2005, 70 FR 50199. ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-34 Conformity ---------------------------------------------------------------------------------------------------------------- Section 1200-3-34-.01............ Conformity of 11/14/01 5/16/03, 68 Except for the Transportation Plans, FR 25495 incorporation by Programs, and Projects. reference of 40 CFR 93.104(e) of the Transportation Confirmity Rule. Chapter 1200-3-36 Motor Vehicle Tampering ---------------------------------------------------------------------------------------------------------------- 1200-03-36-.01................... Purpose.................. 12/29/04 8/26/05, 70 FR 50199. 1200-03-36-.02................... Definitions.............. 12/29/2004 8/26/05, 70 FR 50199. 1200-03-36-.03................... Motor Vehicle Tampering 12/29/04 8/26/05, 70 Prohibited. FR 50199. 1200-03-36-.04................... Recordkeeping 12/29/04 8/26/05, 70 Requirements. FR 50199. 1200-03-36-.05................... Exemptions............... 12/29/04 8/26/05, 70 FR 50199. ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Table 2_EPA Approved Memphis-Shelby County Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Division I Generally ---------------------------------------------------------------------------------------------------------------- Section 16-46................... Definitions............. 8/14/89 6/15/89, 54 FR 25456 Section 16-47................... Abbreviations, Acronyms 8/14/89 6/15/89, 54 FR 25456 & Symbols. Section 16-48................... Words, Phrases 8/14/89 6/15/89, 54 FR 25456 Substituted in State Regulations Adopted by Reference. Section 16-49................... Ambient Air Quality 8/14/89 6/15/89, 54 FR 25456 Standards. Section 16-50................... Open Burning............ 8/14/89 6/15/89, 54 FR 25456 Section 16-51................... Severability of Parts of 8/14/89 6/15/89, 54 FR 25456 Articles. ---------------------------------------------------------------------------------------------------------------- Division II Enforcement ---------------------------------------------------------------------------------------------------------------- Section 16-56................... Violations of 8/14/89 6/15/89, 54 FR 25456 Chapter_Notice; Citation; Injunctive Relief. Section 16-57................... Penalties, Misdemeanor, 8/14/89 6/15/89, 54 FR 25456 Civil, Noncompliance. Section 16-58................... Variances............... 8/14/89 6/15/89, 54 FR 25456 Section 16-59................... Emergency Powers of 8/14/89 6/15/89, 54 FR 25456 Health Officer. ---------------------------------------------------------------------------------------------------------------- Division III Air Pollution Control Board ---------------------------------------------------------------------------------------------------------------- Section 16-71................... Created; Membership; 8/14/89 6/15/89, 54 FR 25456 Term of Office; Jurisdiction; Hearings; Appeals. ---------------------------------------------------------------------------------------------------------------- Division IV Source Emissions Standards ---------------------------------------------------------------------------------------------------------------- Section 16-77................... Construction and 8/14/89 6/15/89, 54 FR 25456 Operating Permits. Section 16-78................... Process Emissions 8/14/89 6/15/89, 54 FR 25456 Standards. Section 16-79................... Nonprocess Emission 8/14/89 6/15/89, 54 FR 25456 Standards. Section 16-80................... Volatile Organic 8/14/89 6/15/89, 54 FR 25456 Compounds. Section 16-82................... Control of Sulfur 8/14/89 6/15/89, 54 FR 25456 Dioxide Emissions. Section 16-83................... Visible Emissions....... 8/14/89 6/15/89, 54 FR 25456 Section 16-84................... Particulate Matter from 8/14/89 6/15/89, 54 FR 25456 Incinerators. Section 16-85................... Required Sampling, 5/20/96 3/19/96, 61 FR 11136 Recording, and Reporting. Section 16-86................... Methods of Sampling and 8/14/89 6/15/89, 54 FR 25456 Analysis. Section 16-87................... Limits on Emissions due 8/14/89 6/15/89, 54 FR 25456 to Malfunctions, Startups & Shutdowns. Section 16-88................... Nuisance Abatement...... 8/14/89 6/15/89, 54 FR 25456 Section 16-89................... Fugitive Dust........... 8/14/89 6/15/89, 54 FR 25456 Section 16-90................... General Alternate 8/14/89 6/15/89, 54 FR 25456 Emission Standard. Section 16-91................... Lead Emission Standards. 8/14/89 6/15/89, 54 FR 25456 ---------------------------------------------------------------------------------------------------------------- Table 3_EPA Approved Knox County, Regulations ---------------------------------------------------------------------------------------------------------------- State State section Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- 12.0...................... Introduction.............. 6/18/86 8/03/89, 54 FR 31953 ................... 13.0...................... Definitions............... 12/13/90 2/21/90, 55 FR 5985 14.0...................... Ambient Air Quality 7/19/89 2/21/90, 55 FR 5985 Standards. 15.0...................... Prohibitions of Air 6/18/86 8/03/89, 54 FR 31953 Pollution. 16.0...................... Open Burning.............. 1/13/93 11/05/99, 64 FR 60348 17.0...................... Regulation of Visible 10/13/93 11/01/94, 59 FR 54523 Emissions. 18.0...................... Regulation of Non-Process 10/13/93 11/01/94, 59 FR 54523 Emissions. 19.0...................... Regulation of Process 12/11/96 6/08/98, 63 FR 31121 Emissions. 20.0...................... Regulation of Incinerators 6/18/86 8/03/89, 54 FR 31953 22.0...................... Regulation of Fugitive 6/18/86 8/03/89, 54 FR 31953 Dust and Materials. 23.0...................... Regulation of Hydrocarbon 6/16/72 10/28/72, 37 FR 23085 Emissions. 24.0...................... Regulation of Airborne and 6/18/86 8/03/89, 54 FR 31953 Windborne Materials. 25.0...................... Permits................... 6/10/98 11/05/99, 64 FR 60348 26.0...................... Monitoring, Recording, and 6/10/92 4/28/93, 58 FR 25777 Reporting. 27.0...................... Sampling and Testing 6/10/92 4/28/93, 58 FR 25777 Methods. 28.0...................... Variances................. 6/10/92 4/28/93, 58 FR 25777 29.0...................... Appeals................... 5/25/94 12/26/95, 60 FR 66748 30.0...................... Violations................ 1/10/96 3/26/97, 62 FR 14327 31.0...................... Right of Entry............ 6/18/86 8/03/89, 54 FR 31953 32.0...................... Use of Evidence........... 6/18/86 8/03/89, 54 FR 31953 33.0...................... Confidentiality and 6/18/86 8/03/89, 54 FR 31953 Accessibility of Records. 34.0...................... Malfunction of Equipment.. 6/18/86 8/03/89, 54 FR 31953 36.0...................... Emergency Regulations..... 7/19/89 2/21/90, 55 FR 5985 37.0...................... Separation of Emissions... 6/18/86 8/03/89, 54 FR 31953 38.0...................... Combination of Emissions.. 6/18/86 8/03/89, 54 FR 31953 39.0...................... Severability.............. 6/18/86 8/03/89, 54 FR 31953 41.0...................... Regulation for the Review 6/18/86 8/03/89, 54 FR 31953 of New Sources. 45.0...................... Prevention of Significant 6/10/92 4/28/93, 58 FR 25776 Deterioration. 46.0...................... Regulation of Volatile 11/10/98 11/03/99, 64 FR 59628 Organic Compounds. 47.0...................... Good Engineering Practice 10/13/93 11/01/94, 59 FR 54523 Stack Height. ---------------------------------------------------------------------------------------------------------------- Table 4_EPA Approved Chattanooga Regulations ---------------------------------------------------------------------------------------------------------------- Adoption State section Title/subject date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Article I. In General ---------------------------------------------------------------------------------------------------------------- Section 4-1....................... Declaration of Policy and 7/20/89 5/08/90, 55 FR 19066 Purposes: Title. Section 4-2....................... Definitions............... 8/16/95 2/18/97, 62 FR 7163. Section 4-3....................... Regulations cumulative; 8/16/95 2/18/97, 62 FR 7163. compliance with one provision no defense to noncompliance with another; use of alternative methods. Section 4-4....................... Penalties for violation of 8/16/95 2/18/97, 62 FR 7163. chapter, permit or order. Section 4-5....................... Limitations of chapter.... 7/20/89 5/08/90, 55 FR 19066 Section 4-6....................... Air pollution control 8/16/95 2/18/97, 62 FR 7163. board; bureau of air pollution control; persons required to comply with chapter. Section 4-7....................... Powers and duties of the 7/20/89 5/08/90, 55 FR 19066 board; delegation. Section 4-8....................... Installation permit, 8/16/95 2/18/97, 62 FR 7163. temporary operating permit, certification of operation and solid fuel permit. Section 4-9....................... Technical reports; charges 7/20/89 5/08/90, 55 FR 19066 Section 4-10...................... Records................... 7/20/89 5/08/90, 55 FR 19066 Section 4-11...................... General Requirements...... 7/20/89 5/08/90, 55 FR 19066 Section 4-12...................... Limits on emissions due to 8/16/95 2/18/97, 62 FR 7163. equipment malfunction, start-up or shutdown. Section 4-13...................... Certificate of alternate 12/11/95 8/12/97, 62 FR 43109 control. Section 4-14...................... Court determination of 7/20/89 5/08/90, 55 FR 19066 invalidity of having two sets of limitations for process or fuel burning equipment; effect. Section 4-15...................... Right to file abatement 7/20/89 5/08/90, 55 FR 19066 suits. Section 4-16...................... Right of entry of city 8/16/95 2/18/97, 62 FR 7163. employees; search warrants. Section 4-17...................... Enforcement of chapter; 8/16/95 2/18/97, 62 FR 7163. procedure for adjudicatory hearings. Section 4-18...................... Hearings and judicial 8/16/95 2/18/97, 62 FR 7163. review. Section 4-19...................... Confidentiality of certain 8/16/95 2/18/97, 62 FR 7163. records. Section 4-20...................... Emergencies............... 7/20/89 5/08/90, 55 FR 19066 Section 4-21...................... Variances................. 7/20/89 5/08/90, 55 FR 19066 Section 4-22...................... Reserved. ---------------------------------------------------------------------------------------------------------------- Article II. Section 4-41 Rules, Regulations, Criteria, Standards ---------------------------------------------------------------------------------------------------------------- Section 4-41 Rule 1............... Rules adopted............. 7/20/89 5/08/90, 55 FR 19066 Section 4-41 Rule 2............... Regulation of Nitrogen 8/15/95 8/12/97, 62 FR 43109 Oxides. Section 4-41 Rule 3............... Visible Emission 8/15/95 8/12/97, 62 FR 43109 Regulations. Section 4-41 Rule 4............... Regulation of the 7/20/89 5/08/90, 55 FR 19066 Importation, Sales, Transportation, Use or Consumption of Certain Fuels. Section 4-41 Rule 5............... Prohibition of Hand-Fired 7/20/89 5/08/90, 55 FR 19066 Fuel Burning Equipment. Section 4-41 Rule 6............... Prohibition of Open 12/8/04 8/26/05, 70 FR 50199 Burning. Section 4-41 Rule 7............... Incinerator Regulation.... 7/20/89 5/08/90, 55 FR 19066 Section 4-41 Rule 8............... Fuel Burning Equipment 8/15/95 8/12/97, 62 FR 43109 Regulations. Section 4-41 Rule 9............... Regulation of Visible 8/15/95 8/12/97, 62 FR 43109 Emissions from Internal Combustion Engines. Section 4-41 Rule 10.............. Process Emission 7/20/89 5/08/90, 55 FR 19066 Regulations. Section 4-41 Rule 11.............. Regulation of Transporting 7/20/89 5/08/90, 55 FR 19066 and Material Handling in Open Air. Section 4-41 Rule 12.............. Regulation of Odors in the 7/20/89 5/08/90, 55 FR 19066 Ambient Air. Section 4-41 Rule 13.............. Regulation of Sulfur 8/15/95 8/12/97, 62 FR 43109 Oxides. Section 4-41 Rule 14.............. Nuisances................. 7/20/89 5/08/90, 55 FR 19066 Section 4-41 Rule 16.............. Emission Standards for 8/15/95 8/12/97, 62 FR 43109 Source Categories of Area Sources. Section 4-41 Rule 17.............. General Provisions and 7/20/89 5/08/90, 55 FR 19066 Applicability for Process Gaseous Emissions Standards. Section 4-41 Rule 18.............. Prevention of Significant 8/15/95 08/12/97, 62 FR Air Quality Deterioration. 43109. Section 4-41 Rule 20.............. Proposed Infectious Waste 8/15/95 8/12/97, 62 FR 43109 Rule. Section 4-41 Rule 21.............. Ambient Air Quality 8/15/95 8/12/97, 62 FR 43109 Standards. Section 4-41 Rule 22.............. (Reserved)................ Section 4-41 Rule 23.............. General Provisions and 7/20/89 5/08/90, 55 FR 19066 Applicability for Process Gaseous Emissions Standards. Section 4-41 Rule 24.............. (Reserved)................ Section 4-41 Rule 25.............. General Provisions and 12/8/04 8/26/05, 70 FR 50199 Applicability for Volatile Organic Compounds. Section 4-41 Rule 26.............. Reasonably Available 8/15/95 8/12/97, 62 FR 43109 Control Technology (RACT). Section 4-41 Rule 27.............. Particulate Matter 8/15/95 8/12/97, 62 FR 43109 Controls for New Sources and New Modifications after August 12, 1997. ---------------------------------------------------------------------------------------------------------------- Table 5_EPA Approved Nashville-Davidson County, Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanation date ---------------------------------------------------------------------------------------------------------------- Chapter 10.56. Air Pollution Control ---------------------------------------------------------------------------------------------------------------- Section 10.56.010............... Definitions............. 03/12/97 12/31/98, 63 FR ................. 72195. ---------------------------------------------------------------------------------------------------------------- Article I. Administration and Enforcement ---------------------------------------------------------------------------------------------------------------- Section 10.56.020 +............. Construction Permits.... 10/06/94 09/06/96, 61 FR ................. 47057. Section 10.56.040............... Operating Permit........ 12/14/95 05/30/97, 62 FR ................. 29301. Section 10.56.050............... Exemptions.............. 12/14/95 05/30/97, 62 FR ................. 29301. Section 10.56.060............... Transferability of 10/06/94 09/06/96, 61 FR ................. Permit. 47057. Section 10.56.070............... Suspension or Revocation 10/06/94 09/06/96, 61 FR ................. of Permit. 47057. Section 10.56.080............... Permit and Annual 03/12/97 12/31/98, 63 FR ................. Emission Fees. 72195. Section 10.56.090............... Board_Powers and Duties. 10/06/94 09/06/96, 61 FR ................. 47057. Section 10.56.100............... Board_Consideration of 10/06/94 09/06/96, 61 FR ................. Facts and Circumstances. 47057. Section 10.56.110............... Rules and Regulations 10/06/94 09/06/96, 61 FR ................. _Hearings Procedure. 47057. Section 10.56.120............... Complaint 10/06/94 09/06/96, 61 FR ................. Notice_Hearings 47057. Procedure. Section 10.56.130............... Variances_Hearings 10/06/94 09/06/96, 61 FR ................. Procedure. 47057. Section 10.56.140............... Emergency 10/06/94 09/06/96, 61 FR ................. Measures_Hearings 47057. Procedure. ---------------------------------------------------------------------------------------------------------------- Article II. Standards for Operation ---------------------------------------------------------------------------------------------------------------- Section 10.56.160............... Ambient Air Quality 03/12/97 12/31/98, 63 FR ................. Standards. 72195. Section 10.56.170............... Emission of Gases, 10/06/94 09/06/96, 61 FR ................. Vapors or Objectionable 47057. Odors. Section 10.56.180............... Laundry Operations_Dryer 10/06/94 09/06/96, 61 FR and Vent Pipe 47057. Requirements. Section 10.56.190............... Controlling Wind-Borne 10/06/94 09/06/96, 61 FR ................. Materials. 47057. Section 10.56.200............... Sale, Use or Consumption 10/06/94 09/06/96, 61 FR ................. of Solid and Liquid 47057. Fuels. Section 10.56.220............... Fuel-Burning Equipment.. 10/06/94 09/06/96, 61 FR ................. 47057. Section 10.56.230............... Incinerators............ 10/06/94 09/06/96, 61 FR ................. 47057. Section 10.56.240............... Internal Combustion 12/14/95 05/30/97, 62 FR ................. Engines. 29301. Section 10.56.250............... Open Burning............ 10/06/94 09/06/96, 61 FR ................. 47057. Section 10.56.260............... Process Emissions....... 10/06/94 09/06/96, 61 FR ................. 47057. Section 10.56.270............... Visible Emissions....... 10/06/94 09/06/96, 61 FR ................. 47057. Section 10.56.280............... Start-ups, Shutdowns and 03/12/97 12/31/98, 63 FR ................. Malfunctions. 72195. Section 10.56.290............... Measurement and 10/06/94 09/06/96, 61 FR ................. Reporting of Emissions. 47057. Section 10.56.300............... Testing Procedures...... 10/06/94 09/06/96, 61 FR ................. 47057. Section 10.56.310............... Severability............ 10/06/94 09/06/96, 61 FR ................. 47057. Regulation No. 1................ Prevention, Abatement 06/28/79 08/13/80, 45 FR and Control of Air 53810. Control Contaminants from Open Burning. Regulation No. 2................ Prevention, Abatement 06/28/79 08/13/80, 45 FR and Control of Air 53810. Contaminants from Materials Subject to Becoming Windborne. Regulation No. 3................ New Source Review....... Section 3-1..................... Definitions............. 11/13/96 06/17/97, 62 FR 32688. Section 3-2..................... Registration and Permits 11/13/96 06/17/97, 62 FR 32688. Section 3-3..................... Prevention of 11/13/96 06/17/97, 62 FR Significant 32688. Deterioration (PSD) Review. Regulation No. 6................ Emission Monitoring of Stationary Sources. Section 6.1..................... Definitions............. 05/22/77 03/22/78, 43 FR 11819. Section 6.2..................... Monitoring of Emissions. 05/22/77 03/22/78, 43 FR 11819. Section 6.3..................... Equipment Specifications 05/22/77 03/22/78, 43 FR 11819. Section 6.4..................... Monitoring System 05/22/77 03/22/78, 43 FR Malfunction. 11819. Section 6.5..................... Recording and Reporting. 05/22/77 03/22/78, 43 FR 11819. Section 6.6..................... Data Reduction.......... 05/22/77 03/22/78, 43 FR 11819. Regulation No. 7................ Regulation for Control of Volatile Organic Compounds. Section 7-1..................... Definitions............. 11/13/96 06/17/97, 62 FR 32688. Section 7-2..................... General Provisions and 11/13/96 06/17/97, 62 FR Applicability. 32688. Section 7-3..................... Petition for Alternative 12/10/91 06/26/92, 57 FR Controls. 28625. Section 7-4..................... Compliance 11/13/96 06/17/97, 62 FR Certification, 32688. Recordkeeping and Reporting Requirements. Section 7-5..................... Emission Standards for 11/13/96 06/17/97, 62 FR Coil Coating. 32688. Section 7-6..................... Emission Standards for 11/13/96 06/17/97, 62 FR Paper Coating. 32688. Section 7-7..................... Emission Standards for 11/13/96 06/17/97, 62 FR Fabric and Vinyl 32688. Coating. Section 7-8..................... Emission Standards for 11/13/96 06/17/97, 62 FR Metal Furniture Coating. 32688. Section 7-9..................... Emission Standards for 11/13/96 06/17/97, 62 FR Surface Coating of 32688. Large Appliances. Section 7-10.................... Petroleum Liquid Storage 11/13/96 06/17/97, 62 FR 32688. Section 7-11.................... Bulk Gasoline Plants.... 12/10/91 06/26/92, 57 FR 28265. Section 7-12.................... Bulk Gasoline Terminals. 12/10/91 06/26/92, 57 FR 28265. Section 7-13.................... Gasoline Dispensing 12/10/91 06/26/92, 57 FR Facility, Stage 1. 28265. Section 7-14.................... Solvent Metal Cleaning.. 12/10/91 06/26/92, 57 FR 28265. Section 7-15.................... Prohibition of Cutback 12/10/91 06/26/92, 57 FR Asphalt. 28265. Section 7-16.................... Emission Standards for 07/09/97 10/08/98, 63 FR Surface Coating of 54053. Miscellaneous Metal Parts and Products. Section 7-17.................... Manufacture of Pneumatic 11/13/96 06/17/97, 62 FR Tires. 32688. Section 7-18.................... Graphic Arts_Rotogravure 12/10/91 06/26/92, 57 FR and Flexography. 28265. Section 7-20.................... Petroleum Solvent Dry 11/13/96 06/17/97, 62 FR Cleaners. 32688. Section 7-21.................... Volatile Organic Liquid 11/13/96 06/17/97, 62 FR Storage In External 32688. Floating Roof Tanks. Section 7-22.................... Leaks from Synthetic 11/13/96 06/17/97, 62 FR Organic Chemical, 32688. Polymer, and Resin Manufacturing Equipment. Section 7-23.................... Air Oxidation Processes 11/13/96 06/17/97, 62 FR in the Synthetic 32688. Organic Chemical Manufacturer's Industry. Section 7-24.................... Test Methods and 11/13/96 06/17/97, 62 FR Procedures. 32688. Section 7-26.................... Special Provisions for 11/13/96 06/17/97, 62 FR New Volatile Organic 32688. Compund Sources and Modifications. Section 7-27.................... Handling, Storage, Use, 11/13/96 06/17/97, 62 FR and Disposal of 32688. Volatile Organic Compounds (VOC). Section 7-28.................... Surface Coating of 11/13/96 06/17/97, 62 FR Plastic Parts. 32688. Regulation No. 8................ Regulation of Emissions 4/12/05 1/3/06, 71 FR 21.... from Light-Duty Motor Vehicles Through Mandatory Vehicle Inspection and Maintenance Program. Regulation No. 10............... Infectious Waste Incinerators. Section 10-1.................... Definitions............. 10/06/94 09/06/96, 61 FR 47057. Section 10-2.................... Prohibited Act.......... 10/06/94 09/06/96, 61 FR 47057. Section 10-3.................... Emission Standards...... 10/06/94 09/06/96, 61 FR 47057. Section 10-4.................... Performance 10/06/94 09/06/96, 61 FR Specifications. 47057. Section 10-5.................... Monitoring Requirements. 10/06/94 09/06/96, 61 FR 47057. Section 10-6.................... Compliance Schedule for 10/06/94 09/06/96, 61 FR Existing Infectious 47057. Waste Incinerators. Section 10-7.................... Testing Requirement..... 10/06/94 09/06/96, 61 FR 47057. Section 10-8.................... Recordkeeping and 10/06/94 09/06/96, 61 FR Reporting Requirements. 47057. Section 10-9.................... Severability............ 10/06/94 09/06/96, 61 FR 47057. Regulation No. 11............... Emergency Episode Regulation. Section 11-1.................... Episode Criteria........ 11/13/96 06/17/97, 62 FR 32688. Section 11-2.................... Emission Reductions..... 11/13/96 06/17/97, 62 FR 32688. Regulation No. 14............... Regulation for Control of Nitrogen Oxides. Section 14-1.................... Definitions............. 08/10/93 06/29/96, 61 FR 39326. Section 14-2.................... Emission Standards...... 08/10/93 06/29/96, 61 FR 39326. Section 14-3.................... Procedures for 08/10/93 06/29/96, 61 FR Determining RACT. 39326. Section 14-4.................... Recordkeeping and 08/10/93 06/29/96, 61 FR Reporting Requirements. 39326. Section 14-5.................... Compliance Schedule..... 08/10/93 06/29/96, 61 FR 39326. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State Source-specific requirements. EPA-Approved Tennessee Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- State Name of Source Permit No. effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Revised Permits for the n/a................. 09/15/99 11/5/99............ Various permits. Kingsport Particulate 64 FR 60346........ Nonattainment Area. Union Carbide, Tennessee Eastman n/a, 011397P........ 12/30/86 6/16/87............ Company. 52 FR 22778........ Murray Ohio Manufacturing n/a................. 12/30/86 12/10/87........... Company. 52 FR 46764........ Tennessee Eastman Company....... n/a................. 1/06/88 10/12/88........... 53 FR 39742........ Variance for Averaging Times for n/a................. 1/06/88 6/23/88............ 5 sources. VOC Emission. 53 FR 23624........ Avco Aerostructures............. n/a................. 2/25/88 1/23/89............ 54 FR 3031......... Miscellaneous Metal Parts....... n/a................. 4/05/99 11/5/99............ 13 sources. 64 FR 60346........ Nissan Manufacturing Corporation n/a................. 4/29/91 9/09/91............ 56 FR 45896........ Tenneco Energy.................. 045022F, 045025F.... 5/31/96 7/24/96............ 61 FR 38391........ Brunswick Marine Corporation.... 044881P, 045012P, 5/31/96 7/21/97............ 045013P. 62 FR 38909........ Metalico College Grove, Inc..... n/a................. 5/12/99 7/12/99............ 64 FR 37411........ Refined Metals, Inc............. n/a................. .............. 9/20/00 65 FR 56796........ ---------------------------------------------------------------------------------------------------------------- (e) EPA-Approved Tennessee Non-Regulatory Provisions EPA-Approved Tennessee Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State effective EPA approval date Explanation provision nonattainment area date ---------------------------------------------------------------------------------------------------------------- Revision to Maintenance Plan Knox County, TN... July 16, 2003..... 2/4/04, 69 FR 4856 Update for Knox County, Tennessee. Attainment Demonstrations for Chattanooga, 12/31/04.......... 8/26/05, 70 FR Early Action Compact Areas. Nashville, and 50199. Tri-Cities Early Action Compact Areas 8-Hour Ozone Maintenance plan Montgomery County. 08/10/05.......... 09/22/05, 70 FR for the Montgomery County, 55559. Tennessee area. Nashville 1-Hour Ozone Nashville 1-Hour 06/11/05.......... 01/03/06, 71 FR 21 Maintenance Plan. Ozone Maintenance Area. ---------------------------------------------------------------------------------------------------------------- [64 FR 35012, June 30, 1999, as amended at 64 FR 37410, July 12, 1999; 64 FR 38582, July 19, 1999; 64 FR 49397, Sept. 13, 1999; 64 FR 59628, Nov. 3, 1999; 64 FR 60346, Nov. 5, 1999; 65 FR 1070, Jan. 7, 2000; 65 FR 2880, Jan. 19, 2000; 65 FR 56796, Sept. 20, 2000; 66 FR 22127, May 3, 2001; 66 FR 45633, Aug. 29, 2001; 67 FR 46595, July 16, 2002; 67 FR 55322, Aug. 29, 2002; 68 FR 26495, May 16, 2003; 68 FR 33009, June 3, 2003; 68 FR 74867, Dec. 29, 2003; 69 FR 3018, Jan. 22, 2004; 69 FR 4856, Feb. 2, 2004; 70 FR 49880, Aug. 25, 2005; 70 FR 50193, Aug. 26, 2005; 70 FR 50203, Aug. 26, 2005; 70 FR 55567, Sept. 22, 2005; 70 FR 58322, Oct. 6, 2005; 70 FR 65842, Nov. 2, 2005; 70 FR 76410, Dec. 27, 2005; 71 FR 23, Jan. 3, 2006] § 52.2221 Classification of regions. top The Tennessee plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Eastern Tennessee-Southwestern Virginia Interstate... I I III III III Tennessee River Valley-Cumberland Mountains I I III III III Intrastate.......................................... Middle Tennessee Intrastate.......................... I II III III I Western Tennessee Intrastate......................... I III III III III Chattanooga Interstate............................... I II III III III Metropolitan Memphis Interstate...................... I III III III I ---------------------------------------------------------------------------------------------------------------- [37 FR 10894, May 31, 1972, as amended at 39 FR 16347, May 8, 1974] § 52.2222 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves Tennessee's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans thus far submitted satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980, for the sources covered by CTGs issued between January 1978 and January 1979 and on adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. (b) New source review permits issued pursuant to section 173 of the Clean Air Act will not be deemed valid by EPA unless the provisions of Section V of the emission offset interpretative rule (Appendix S of 40 CFR part 51) are met. (c) EPA approves Nashville/Davidson County, Tennessee's VOC Regulation No. 7, Section 7-1(11), which replaces the definition of Volatile Organic Compound (VOC) with a definition for VOC that is consistent with the EPA approved definition. The EPA approved definition defines VOC as any organic compound that participates in atmospheric photochemical reactions. However, it excludes organic compounds which have negligible photochemical reactivity. These compounds are as follows: methane, ethane, methyl chloroform (1,1,1-trichloroethane), CFC-113 (trichlorotrifluoroethane), methylene chloride, CFC 11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 (chlorodifluoromethane), FC-23 (trifluoromethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane). It is also our understanding that by adopting the EPA approved definition, Nashville/Davidson County, Tennessee will use EPA approved test methods for VOC. [45 FR 53817, Aug. 13, 1980, as amended at 54 FR 4021, Jan. 27, 1989; 55 FR 18726, May 4, 1990] § 52.2223 Compliance schedules. top (a) Federal compliance schedules—State program. (1) Except as provided in paragraph (a)(5) of this section, the owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to the requirements of Chapter 1200–3–14 of the Rules and Regulations of Tennessee as contained in the Tennessee implementation plan, shall notify the Administrator, no later than January 1, 1974, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to meet these requirements. (2) Any owner or operator of a stationary source subject to paragraph (a)(1) of this section who elects to utilize low-sulfur fuel shall be subject to the following compliance schedule: (i) January 31, 1974: Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with the applicable regulation on July 1, 1975, and for at least one year thereafter. (ii) March 31, 1974: Sign contracts with fuel suppliers for fuel requirements as projected above. (iii) April 30, 1974: Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (iv) May 31, 1974: Let contracts for necessary boiler modifications, if applicable. (v) October 31, 1974: Initiate onsite modifications, if applicable. (vi) June 1, 1975: Complete onsite modifications, if applicable. (vii) July 1, 1975: Achieve compliance with the requirements of Chapter 1200–3–14 of the Rules and Regulations of Tennessee and certify compliance to the Administrator. (viii) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed on or before July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (ix) Five days after the deadline for completing increments (a)(2) (ii) through (vi) in this section certification as to whether the increments were met shall be made to the Administrator. (3) Any owner or operator of a stationary source subject to paragraph (a)(1) of this section who elects to utilize stack gas desulfurization shall be subject to the following compliance schedule: (i) January 31, 1974—Submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations. (ii) February 28, 1974—Negotiate and sign all necessary contracts for emission-control systems or process modification, or issue orders for the purchase of component parts to accomplish emission control or process modification. (iii) May 1, 1974—Initiate onsite construction or installation of emission-control equipment or process modification. (iv) May 1, 1975—Complete onsite construction or installation of emission control equipment or process modification. (v) July 1, 1975—Achieve compliance with the requirements of Chapter 1200–3–14 of the Rules and Regulations of Tennessee and certify compliance to the Administrator. (vi) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed on or before July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (vii) Five days after the deadline for completing increments (a)(3) (ii) through (iv) in this section, certification as to whether the increments were met shall be made to the Administrator. (4) Except as provided in paragraph (a)(5) of this section, the owner or operator of any stationary source subject to the requirements of Chapter 1200–3–14 of the Rules and Regulations of Tennessee as contained in the Tennessee implementation plan, shall comply with the following compliance schedule: (i) November 15, 1973: Submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations. (ii) January 1, 1974: Negotiate and sign all necessary contracts for emission control systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modification. (iii) February 1, 1974: Initiate onsite construction or installation of emission control equipment or process modification. (iv) May 1, 1975: Complete onsite construction or installation of emission control equipment or process modification. (v) July 1, 1975: Achieve compliance with the applicable regulations and certify such compliance to the Administrator. (vi) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed on or before July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (vii) Five days after the deadline for completing increments (a)(4)(ii) through (iv) in this section certification as to whether the increments were met shall be made to the Administrator. (5) (i) None of the above paragraphs shall apply to a source which is presently in compliance with applicable regulations and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification. (ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (6) The compliance schedules in paragraphs (a)(2) and (3) of this section shall not excuse a source from complying with any interim emission limitations on the date prescribed in the Tennessee air pollution control regulation listed in paragraph (a)(1) of this section. (7) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedules in the above paragraphs of this paragraph fail to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. (b) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. (c) [Reserved] (d) The compliance schedules for the sources identified below are disapproved as not meeting the requirements of Subpart N of this chapter. All regulations cited are air pollution control regulations of the State or those of a local air pollution control agency as noted. (1) State compliance schedules: ---------------------------------------------------------------------------------------------------------------- State regulation Source Location involved Date of adoption ---------------------------------------------------------------------------------------------------------------- Burlington Industries, Inc. (State Washington County, Tenn Ch. 6, sec. 4.......... Mar. 20, 1973. order No. 7-0073). Monsanto Co., kilns Nos. 1 and 2 Maury County, Tenn..... Ch. 7, sec. 8.......... Do. (State order No. 8-0073). Monsanto Co., kiln No. 3 (State order ......do............... Ch. 7, sec. 8.......... Do. No. 20-0073). Stauffer Chemical Co................. ......do............... Ch. 7, sec. 8.......... Do. Tennessee Eastman Co.: (a) Bldg. 267: Chem. A, vent 1-A Sullivan County, Tenn.. Ch. 7, sec. 8.......... Do. (State order No. 15-0073). (b) Bldg. 267: Chem. B, vent 1-A ......do............... Ch. 7, sec. 8.......... Do. (State order No. 25-0073). (c) Bldg. 267: Chem. C, vent 1-A ......do............... Ch. 7, sec. 8.......... Do. (State order No. 26-0073). (d) Bldg. 267: Chem. D, vent 1-A ......do............... Ch. 7, sec. 8.......... Do. (State order No. 17-0073). (e) Bldg. 267: Chem. E, vent 1-A, ......do............... Ch. 7, sec. 8.......... Do. (State order No. 16-0073). (f) B3A-1 (State order No. 18-0073) ......do............... Ch. 7, sec. 8.......... Do. (g) B13-1 (State order No. 19-0073) ......do............... Ch. 7, sec. 8.......... Do. (h) B13-3 (State order No. 24-0073) ......do............... Ch. 7, sec. 8.......... Do. ---------------------------------------------------------------------------------------------------------------- (e) Federal compliance schedules—Local programs. (1) Except as provided in paragraph (e)(16) of this section, the owner or operator of any stationary source subject to the following emission limiting regulations of the Knox County Air Pollution Control Regulations and the City of Memphis Air Pollution Control Code and Shelby County Air Pollution Control Code contained as part of the Tennessee implementation plan shall comply with the compliance schedule in paragraph (e)(2) of this section: Knox County Air Pollution Control Regulations, Sections 18.2C; 19.4B; 20.1D; and 23.1; City of Memphis Air Pollution Control Code and Shelby County Air Pollution Control Code Section 3–24(d). (2) Compliance schedule. (i) October 1, 1973—Submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations. (ii) December 1, 1973—Negotiate and sign all necessary contracts for emission control systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modification. (iii) January 1, 1974—Initiate onsite construction or installation of emission control equipment or process modification. (iv) May 1, 1975—Complete onsite construction or installation of emission control equipment or process modification. (v) July 1, 1975—Achieve compliance with the applicable regulations and certify such compliance to the Administrator. (3) Except as provided in paragraph (e)(16) of this section, the owner or operator of any stationary source subject to the following emission limiting regulation of the Knox County Air Pollution Control Regulations contained as part of the Tennessee implementation plan shall comply with the compliance schedule in paragraph (e)(4) of this section: Knox County Air Pollution Control Regulations, Section 19.2C. (4) Compliance schedule. (i) October 1, 1973—Submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations. (ii) December 1, 1973—Negotiate and sign all necessary contracts for emission control systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modification. (iii) January 1, 1974—Initiate onsite construction or installation of emission control equipment or process modification. (iv) May 1, 1975–Complete onsite construction or installation of emission control equipment or process modification. (v) June 1, 1975—Achieve compliance with the applicable regulations and certify such compliance to the Administrator. (5) Except as provided in paragraph (e)(16) of this section, the owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to the requirements of Knox County Air Pollution Control Regulations, section 18.4B; and City of Memphis Air Pollution Control Code and Shelby County Air Pollution Control Code, Section 3–24(b), contained as part of the Tennessee implementation plan shall notify the Administrator no later than October 1, 1973, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to meet these requirements. (6) Any owner or operator of a stationary source subject to paragraph (e)(5) of this section who elects to utilize low-sulfur fuel shall be subject to the following compliance schedule: (i) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with the applicable regulation on July 1, 1975, and for at least one year thereafter. (ii) December 31, 1973—Sign contracts with fuel suppliers for fuel requirements as projected above. (iii) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (iv) March 15, 1974—Let contracts for necessary boiler modifications, if applicable. (v) June 15, 1974—Initiate onsite modifications, if applicable. (vi) March 31, 1975—Complete onsite modifications, if applicable. (vii) July 1, 1975—Achieve compliance with the requirements of Knox County Air Pollution Control Regulations, section 18.4B and City of Memphis Air Pollution Control Code and Shelby County Air Pollution Control Code Section 3–24 (b) and certify such compliance to the Administrator. (7) Any owner or operator of a stationary source subject to paragraph (e)(5) of this section who elects to utilize stack gas desulfurization shall be subject to the following compliance schedule: (i) November 1, 1973—Submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulation. (ii) January 1, 1974—Negotiate and sign all necessary contracts for emission control systems or process modification, or issue orders for the purchase of component parts to accomplish emission control or process modification. (iii) February 1, 1974—Initiate onsite construction or installation of emission control equipment or process modification. (iv) May 1, 1975—Complete onsite construction or installation of emission control equipment or process modification. (v) July 1, 1975—Achieve compliance with the applicable regulation and certify such compliance to the Administrator. (8) Except as provided in paragraph (e)(16) of this section, the owner or operator of any stationary source subject to the following emission limiting regulation of the Hamilton County Air Pollution Control Regulations contained as part of the Tennessee implementation plan shall comply with the compliance schedule in paragraph (e)(9) of this section: Hamilton County Air Pollution Control Regulations, rule 10 (particulate emissions from process operations). (9) Compliance schedule. (i) September 15, 1973—Submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations. (ii) November 1, 1973—Negotiate and sign all necessary contracts for emission control systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modification. (iii) December 1, 1973—Initiate onsite construction or installation of emission control equipment or process modifications. (iv) June 1, 1974—Complete onsite construction or installation of emission control equipment or process modification. (v) July 1, 1974—Achieve compliance with the applicable regulations, and certify such compliance to the Administrator. (10) Except as provided in paragraph (e)(16) of this section, the owner or operator of any process (non-fuel burning) source of sulfur dioxide subject to the emission limiting requirements of the Hamilton County Air Pollution Control Regulations, rule 13, contained as part of the Tennessee implementation plan shall comply with the compliance schedule in paragraph (e)(9) of this section. (11) Except as provided in paragraph (e)(16) of this section, the owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to the sulfur dioxide emission limiting requirements of the Hamilton County Air Pollution Control Regulations, rule 13, contained as part of the Tennessee implementation plan shall notify the Administrator, no later than October 1, 1973, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to meet these requirements. (12) Any owner or operator of a fuel burning facility subject to paragraph (e)(11) of this section who elects to utilize low-sulfur fuel shall be subject to the following compliance schedule: (i) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with the applicable regulation on July 1, 1974, and for at least one year thereafter. (ii) December 1, 1973—Sign contracts with fuel suppliers for fuel requirements as projected above. (iii) January 1, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (iv) February 1, 1974—Let contracts for necessary boiler modifications, if applicable. (v) February 15, 1974—Initiate onsite modifications, if applicable. (vi) June 15, 1974—Complete onsite modifications, if applicable. (vii) July 1, 1974—Achieve compliance with the requirements of Hamilton County Air Pollution Control Regulations, rule 13, and certify such compliance to the Administrator. (13) Any owner or operator of a fuel burning facility subject to paragraph (e)(11) of this section who elects to utilize stack gas desulfurization shall be subject to the following compliance schedule: (i) November 1, 1973—Submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations. (ii) December 1, 1973—Negotiate and sign all necessary contracts for emission control systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modification. (iii) December 15, 1973—Initiate onsite construction or installation of emission control equipment or process modification. (iv) June 15, 1974—Complete onsite construction or installation of emission control equipment or process modification. (v) July 1, 1974—Achieve compliance with the applicable regulations, and certify such compliance to the Administrator. (14) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by the final compliance date in the applicable regulation. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (15) Any owner or operator subject to a compliance schedule above shall certify to the Administrator, within five days after the deadline for each increment of progress in that schedule, whether or not the increment has been met. (16)(i) None of the above paragraphs shall apply to a source which is presently in compliance with applicable regulations and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification. (ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (17) No compliance schedule in this paragraph shall excuse a source from complying with an interim emission limitation that is applicable to such source. (18) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of a compliance schedule in this paragraph fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. (f) The compliance schedules for the sources identified below are approved as meeting the requirements of Subpart N and §51.6 of this chapter. All regulations cited are air pollution control regulations of the State or those of a local air pollution control agency as noted. (1) Statewide compliance schedules: Tennessee -------------------------------------------------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date of adoption Effective date Final compliance date -------------------------------------------------------------------------------------------------------------------------------------------------------- Aluminum Co. of America, State Alcoa................. CH.V-2(b), CH. VII-2.. Oct. 9, 1973......... Immediately.......... Aug. 9, 1974. order No. 79-00073. American Enka, State order No. 64- 00073: (a) Boilers 1, 2, 3............ Morristown............ CH. V-2(b), CH.VI-2(a) ......do............. ......do............. July 1, 1975. (b) Boilers 4, 5, 6............ ......do.............. CH. VI-2(b), CH. VI- ......do............. ......do............. Dec. 30, 1974. 2(a). (c) Boiler 9................... ......do.............. CH. V-2(b), CH. VI- ......do............. ......do............. June 30, 1974. 2(a). Athens Plow Co., State order No. 4- Athens................ CH. V-2(b), CH. VII- Mar. 20, 1973........ ......do............. Aug. 9, 1974. 00073. 9(b). Athens Stove Works, State order No. ......do.............. CH. V-2(b), CH. VII- June 19, 1973........ ......do............. July 2, 1974. 55-0073. 9(b). Beaunit Fibers, State order No. 56- 0073: (a) Stacks 1 and 2............. Elizabethton.......... CH. V-2(a)............ ......do............. ......do............. Mar. 30, 1975. (b) Stack 3.................... ......do.............. CH. VI-2(a), CH. V- ......do............. ......do............. Nov. 30, 1974. 2(a). Bedford Lumber Co.: State order No. 87-00073....... Shelbyville........... CH. V-2(b), CH. VI- Oct. 9, 1973......... ......do............. Mar. 1, 1974. 2(a)(2). State order No. 88-00073....... ......do.............. CH. V-2(b), CH. VI- ......do............. ......do............. Oct. 9, 1974. 2(a)(2). Bristol Foundry & Machine Co., Bristol............... CH. V-2(b), CH. VII- ......do............. ......do............. Nov. 9, 1973. State order No. 71-00073. 9(b). Bruce Flooring State order No. 72- Jackson............... CH. V-2(b), CH. VII-2. ......do............. ......do............. Aug. 9, 1974. 00073. Burroughs-Ross-Colville Co.: State order No. 65-00073: (a) McMinnville........... CH. V-2(b), CH. VI- ......do............. ......do............. Do. Boiler 1. 2(a)2. State order No. 66-00073: (a) Collectors C-1, C-3........ ......do.............. CH. V-2(b), CH. VII- ......do............. ......do............. Do. 2(a). (b) Collector C-7.............. ......do.............. CH. V-2(b), CH. VII- ......do............. ......do............. Oct. 1, 1973. 2(a). Celotex Corp., State Order No. 61- 0073: (a) Collectors A-1-2, B-3, B-4, Paris................. CH. V-2(b), CH. VII- June 19, 1973........ ......do............. May 1, 1974. and E-22. 2(a). (b) Collectors D-12, D-13, and ......do.............. CH. V-2(b), CH. VII- ......do............. ......do............. Apr. 1, 1974. D-14. 2(a). (c) Collectors C-0, C-10, and C- ......do.............. CH. V-2(b), CH. VII- ......do............. ......do............. Oct. 30, 1973. 11. 2(a). Clarksville Foundry & Machine Clarksville........... CH. V-2(b), CH. VII- Oct. 9, 1973......... ......do............. Jan. 30, 1974. Works State order No. 73-00073. 9(b). Dover Corp., State order No. 74- Middleton............. CH.V-2(b), CH. VI-2(d) ......do............. ......do............. July 9, 1974. 00073. Farrar Construction, State order McMinnville........... CH. V-2(b), CH. VII- ......do............. ......do............. Oct. 9, 1973. No. 75-00073. 9(g). Harris Manufacturing Co., State Johnson City.......... CH.V-2(b), CH. VII- June 19, 1973........ ......do............. June 1, 1974. order No. 62-0073. 2(a). Holston Army Ammunition Plant, Kingsport............. CH.V-2(b), CH. VI-2(a) Oct. 9, 1973......... ......do............. July 1, 1975. State order No. 67-00073. Kingsport Foundry & ......do.............. CH.V-2(b), CH. VII- June 19, 1973........ ......do............. Feb. 28, 1974. Manufacturing Corp., State order 9(b). No. 57-0073. Koh-i-noor Radiograph, Inc., State Lewisburg............. CH.V-2(b), CH. VII- ......do............. ......do............. Mar. 29, 1974. order No. 58-0073. 2(a). Lenoir Car Works, State order No. Lenoir City........... CH. V-2(b), CH. VII-2. Oct. 9, 1973......... ......do............. Dec. 9, 1973. 76-00073. Marquette Cement Manufacturing Co., Cowan................. CH. V-2(b), CH. VII-2. Mar. 20, 1973........ ......do............. Aug. 9, 1974. State order No. 5-0073. Mead Corp., State order No. 59-0073 Kingsport............. CH. V-2(b), CH. VI- June 19, 1973........ ......do............. July 1, 1975. 2(a)(1). Monsanto Co., State order No. 6- 0073: (a) Source 4................... Columbia.............. CH. V-2, CH. VII-2.... Mar. 20, 1973........ ......do............. Mar. 9, 1974. (b) Source 5................... ......do.............. CH. V-2, CH. VII-2.... ......do............. ......do............. Dec. 9, 1973. Royal Oak Charcoal Co.: State order No. 77-00073......... Jamestown............. CH.V-2(b), CH. VII-2.. Oct. 9, 1973......... ......do............. July 31, 1974. State order No. 78-00073......... ......do.............. CH. V-2(b), CH.VII-2.. ......do............. ......do............. Mar. 1, 1974. Stokely-Van Camp, Inc., State order Tellico Plains........ CH.V-2(b), CH. VI- June 19, 1973........ ......do............. Jan. 30, 1974. No. 63-0073. 2(a)(2). Tennessee Asphalt Co., State order LaFollette............ CH.V-2(b), CH. VII- Oct. 9, 1973......... ......do............. Dec. 30, 1973. No. 79-00073. 9(g). Tennessee Eastman Co.: State order No. 80-00073......... Kingsport............. CH. V-2(b), CH. VII-2. ......do............. ......do............. June 1, 1974. State order No. 81-00073......... ......do.............. CH. V-2(b), CH. VII-2. ......do............. ......do............. Aug. 9, 1974. State order No. 82-00073......... ......do.............. CH.V-2(b), CH. VII-2.. ......do............. ......do............. Nov. 1, 1974. State order No. 83-00073......... ......do.............. CH. V-2(b), CH. VII-2. ......do............. ......do............. July 1, 1975. State order No. 84-00073: (a) Units 18-22................ ......do.............. CH. V-2(b), CH.VI- ......do............. ......do............. Mar. 1, 1974. 2(a)(1). (b) Units 11-17................ ......do.............. CH. VI-2(b), CH. VI- ......do............. ......do............. June 1, 1975. 2(a)(1). Tennessee Forging Steel Co., State Harriman.............. CH. V-2(b), CH. VII-2. ......do............. ......do............. Oct. 30, 1973. order No. 85-00073. Tennessee Metallurgical, State order No. 89-00073: (a) Furnace No. 2.............. Kimball............... CH.V-2(b), CH. VII-2.. ......do............. ......do............. Mar. 1, 1974. (b) Furnace No. 1.............. ......do.............. CH. V-2(b), CH. VII-2. ......do............. ......do............. Jan. 15, 1974. Union Carbide Corp., State order Columbia.............. CH. V-2(b), CH. VII-2. ......do............. ......do............. Aug. 9, 1974. No. 86-00073. United States Stove Co., State South Pittsburg....... CH.V-2(b)............. Mar. 20, 1973........ ......do............. Feb. 9, 1974. order No. 3-0073. Aluminum Co. of America, sources 22 Alcoa................. Ch. V, sec. II.B...... Nov. 28, 1973........ ......do............. July 9, 1974. and 23 (carbon anode baking). Berkline Corp., plant No. 1, Morristown............ Ch. V. sec. II. B; ch. ......do............. ......do............. June 9, 1974. collector No. 6. VII, sec. II. E. I. du Pont: 4 steam boilers, New Johnsonville...... Ch. V, sec. II. B; ch. Feb. 6, 1974......... ......do............. June 30, 1975. particulate emissions, SO2 V, sec. II.A(2). emissions. Industrial Products Co., Inc.: Mt. Pleasant.......... Ch. V, sec. II.B; ch. Nov. 28, 1973........ ......do............. Jan. 1, 1974. Control equipment. VII, sec. II. Interstate Foundry & Machine Johnson City.......... Ch. V, sec. II. B; ch. ......do............. ......do............. Feb. 9, 1974. Co.: Cupola. VII, sec. IX.B. Laminite Plastics Corp.: Moldow Morristown............ Ch. V, sec. II. B; ch. ......do............. ......do............. Apr. 30, 1974. system (phase I only). VII, sec. II. Lea Industries: Plant No. 4; process emissions... ......do.............. ......do.............. ......do............. ......do............. Jan. 1, 1974. Plant No. 5; process emissions... ......do.............. ......do.............. ......do............. ......do............. Aug. 9, 1974. Plant No. 6; process emissions... ......do.............. ......do.............. ......do............. ......do............. Do. Plant No. 6, boiler.............. ......do.............. Ch. V................. ......do............. ......do............. Feb. 1, 1974. Lewisburg Casting Co., Inc.: Cupola Lewisburg............. ......do.............. Nov. 28, 1979........ ......do............. June 9, 1974. A. B. Long Quarries, Inc.: Harriman.............. Ch. V, sec. II.B; ch. ......do............. ......do............. Mar. 30, 1974. Limestone quarry and crusher. VII, sec. II: ch. VIII. Monsanto Industrial Chemical Co.... Columbia.............. Ch. VII............... Feb. 6, 1973......... ......do............. July 1, 1975. Plough, Inc.: Boiler............... Shelbyville........... Ch. V, sec. II. B; ch. ......do............. ......do............. May 30, 1974. VI, sec. II.A(2). Powermatic-Houdaille, Inc.: Two No. McMinnville........... Ch. V, sec. II.B; ch. ......do............. ......do............. Aug. 9, 1974. 5 cupolas. VII, sec. II. Royal Oak Charcoal Co.: Kilns 1, 2, Cookeville............ ......do.............. ......do............. ......do............. Do. 3, 4, 5. Don P. Smith Chair Co.: Drying kiln Loudin................ ......do.............. ......do............. ......do............. June 30, 1974. Temple Industries: Conical burner.. Savannah.............. Ch. V, sec. II. B; ch. ......do............. ......do............. Apr. 30, 1974. VI, sec. II.D. Tennlite, Inc.: Two rotary kilns... Green Brier........... Ch. V, sec. II.B; ch. ......do............. ......do............. July 30, 1974. VII, sec. II. Tenn. Asphalt Co. & Road Cumberland City....... Ch. V, sec. II.B; ch. ......do............. ......do............. Dec. 17, 1974. Builders, Inc.: Asphalt batching VII, secs. II and IX, plant. G; ch. VIII. Vulcan Materials Co.: Rock quarry.. Emory Gap............. Ch. V, sec. II.B; ch. ......do............. ......do............. Mar. 31, 1974. VII, sec. II; ch. VIII. Do................................ Savannah.............. Ch. V, sec. II.B; ch. ......do............. ......do............. June 21, 1974. VII, sec. II; ch. VIII. Do................................ Parsons............... Ch. V, sec. II.B; ch. ......do............. ......do............. Feb. 18, 1974. VII, sec. II; ch. VIII. Cities Service (41-0073)........... Copperhill............ Ch. VII, sec. 8....... June 19, 1973........ ......do............. July 1, 1975. Cities Service (42-0073)........... ......do.............. Ch. VII, sec. 8....... ......do............. ......do............. Do. Penn Dixie Cement.................. Kingsport............. Ch. VII, sec. 2....... Oct. 9, 1973......... ......do............. Do. -------------------------------------------------------------------------------------------------------------------------------------------------------- (2) Chattanooga-Hamilton County compliance schedules: Tennessee -------------------------------------------------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date of adoption Effective date Final compliance date -------------------------------------------------------------------------------------------------------------------------------------------------------- Chattanooga Public Schools: (a) Elbert Long School........... Chattanooga........... Sec. 9(8)............. Feb. 8, 1973......... Immediately.......... July 1, 1974. (b) Charles A. Bell School....... ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (c) G. Russel Brown School....... ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (d) Calvin Donaldwon School...... ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (e) East Chattanooga School...... ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (f) Highland Park School......... ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (g) Normal Park School........... ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (h) Piney Woods School........... ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (i) Ridgedale School............. ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (j) Frank H. Trotter School...... ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (k) Woodmore School.............. ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (l) Rivermont School............. ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. (m) St. Elmo School.............. ......do.............. Sec. 9(8)............. ......do............. ......do............. Do. E.I. du Pont de Nemours & Co.: (a) Nylon 66 evaporator Nos. 1-5. ......do.............. Sec. 9................ ......do............. ......do............. Do. (b) Nylon auto clave Nos. 1-17... ......do.............. Sec. 9................ ......do............. ......do............. Do. (c) Continuous polymerization ......do.............. Sec. 9................ ......do............. ......do............. Do. lines I-III. (d) Continuous polymerization ......do.............. Sec. 9................ ......do............. ......do............. Sept. 1, 1973. line IV. (e) Lindburg furnace type 364830- ......do.............. Sec. 9................ ......do............. ......do............. Aug. 1, 1973. E12-S. (f) Lindburg furnace type 243624- ......do.............. Sec. 9................ ......do............. ......do............. Feb. 1, 1974. E12-S. (g) Trent furnace model 862640A.. ......do.............. Sec. 9................ ......do............. ......do............. Mar. 1, 1974. (h) Lindburg furnace type 364830- ......do.............. Sec. 9................ ......do............. ......do............. Apr. 1, 1974. E12-S. (i) Riley boiler................. ......do.............. Sec. 9................ ......do............. ......do............. July 1, 1974. (j) B & W boiler............. ......do.............. Sec. 9................ ......do............. ......do............. Do. General Tire Service............... ......do.............. Sec. 9................ ......do............. ......do............. Jan. 31, 1974. Randolph Manufacturing Co., Inc.... ......do.............. Sec. 9................ ......do............. ......do............. Do. Southern Foundry Supply, Inc....... ......do.............. Sec. 9................ ......do............. ......do............. Mar. 31, 1973. Tennessee Awning & Tent Co..... ......do.............. Sec. 9................ Feb. 9, 1973......... ......do............. June 1, 1973. United States Pipe & Foundry Co ......do.............. Sec. 9................ Feb. 8, 1973......... ......do............. Nov. 1, 1973. -------------------------------------------------------------------------------------------------------------------------------------------------------- (3) Memphis-Shelby County compliance schedules: Tennessee -------------------------------------------------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date of adoption Effective date Final compliance date -------------------------------------------------------------------------------------------------------------------------------------------------------- Desoto Hardwood Flooring Co.: Phase Chattanooga........... Sec. 9................ Apr. 5, 1973......... Immediately.......... May 1, 1974. 1. Wabash, Inc.: Phase 1.............. ......do.............. Secs. 3-17, 3-20...... ......do............. ......do............. Apr. 1, 1974. -------------------------------------------------------------------------------------------------------------------------------------------------------- (4) Nashville-Davidson County compliance schedules: Tennessee -------------------------------------------------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date of adoption Effective date Final compliance date -------------------------------------------------------------------------------------------------------------------------------------------------------- Bruce Flooring..................... Nashville............. Sec. 4-1-9............ Feb. 7, 1973......... Immediately.......... Dec. 31, 1973. -------------------------------------------------------------------------------------------------------------------------------------------------------- [38 FR 16169, June 20, 1973, as amended at 38 FR 22748, Aug. 23, 1973; 38 FR 24341, 24342, Sept. 7, 1973; 40 FR 3445, Jan. 22, 1975; 40 FR 3570, Jan. 23, 1975; 42 FR 10995, Feb. 25, 1977; 51 FR 40676, 40677, Nov. 7, 1986; 52 FR 24367, June 30, 1987; 54 FR 25258, June 14, 1989] § 52.2224 Legal authority. top (a) The requirements of §51.230(c) of this chapter are not met since the plan does not provide the legal authority for controlling motor vehicles during air pollution emergency episodes. (b) The requirements of §51.230(d) of this chapter are not met since statutory authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate. (c)(1) The requirements of §51.230(b) of this chapter are not met since the definition of person set forth in the Tennessee Air Quality Act and in the State implementation plan does not include facilities owned or operated by the State. Therefore, section 53–3409(f) of the Tennessee Code Annotated and section 30 of Chapter II of the Tennessee Air Pollution Control Regulations are disapproved. (2) Definition of person. For the purposes of the plan, person shall mean any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, State-owned or operated facility, State agency, political subdivision, or any other legal entity, or their legal representatives, agents, or assigns. (d) The requirements of §51.230(b) of this chapter are not met since the State lacks legal authority, as a result of the enactment of House Bill 1490 by the 1974 Tennessee legislature, to control emissions from the quarrying and processing of agricultural limestone. Therefore, section 53–3424 of the Tennessee Code Annotated is disapproved. (e) The requirements of §51.230(b) of this chapter are not met since the State lacks legal authority, as a result of the enactment of House Bill 1845 by the 1974 Tennessee legislature, to control emissions from air contaminant sources which use woodwaste only as fuel. Therefore, the last sentence of section 53–3422 of the Tennessee Code Annotated is disapproved. [37 FR 10894, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.2224, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.2225 VOC rule deficiency correction. top (a) Revisions to sections 7–3, 7–13, and 7–24 of the Tennessee regulations are approved. These amendments are in response to the Clean Air Act section 182(a)(2)(A) requirement to submit RACT rules correcting deficiencies in the existing SIP in accordance with EPA's pre-amendment guidance. These deficiencies were first noted in a letter from Greer Tidwell, the EPA Region IV Administrator, to Governor McWherter on May 26, 1988, and clarified in a letter dated June 10, 1988, from Winston Smith, EPA Region IV Air Division Director, to Paul Bontrager, Director of the Air Pollution Control Division of the Metropolitan Health Department for Nashville/Davidson County, and were further identified in EPA guidance including the Blue Book and the proposed Post–87 policy. The following deficiency in the Tennessee Regulations, however, has not been corrected. (1) Section 7–25, “Recordkeeping and Reporting Requirements” Nashville/Davidson County committed in a letter dated May 7, 1991, to include a separate provision that requires records to be maintained for at least two years. This additional provision, which is scheduled for a July 15, 1992, public hearing, will be submitted to EPA shortly after that date and will be acted upon separately. (2) In Section 7–3, Petition for Alternative Controls, the words “as applied” should be added to the term “VOC/gallon solids” as a clarification. (3) The term “vapor-tight” should be defined in section 7–13. (4) “Once-in/always-in” is missing from the applicability section of the individual rules. (5) Section 7–25, “Recordkeeping and Reporting Requirements” should be revised to include additional requirements that would contain: units of compliance consistent with the performance requirements; applicable time periods for data entries; and a clear, separate provision that requires records to be kept. (b)–(c) [Reserved] [56 FR 10173, Mar. 11, 1991, as amended at 57 FR 28626, June 26, 1992; 59 FR 18317, Apr. 18, 1994; 60 FR 10508, Feb. 27, 1995; 61 FR 37390, July 18, 1996] § 52.2226 Extensions. top The Administrator hereby extends for 18 months (until July 1, 1980) the statutory deadline for submittal of a plan to attain the secondary SO2 standard in Copperhill. (a) [Reserved] (b) The Administrator hereby extends for 18 months (until July 1, 1980) the statutory timetable for submittal of Tennessee's plans to attain and maintain the secondary ambient standard for particulate matter in the Chattanooga, Columbia, Kingsport, Memphis, and Nashville nonattainment areas (40 CFR 81.343). [45 FR 2034, Jan. 10, 1980, as amended at 45 FR 8008, Feb. 6, 1980] § 52.2227 Prevention of air pollution emergency episodes. top (a) The requirements of §51.152(a) of this chapter are not met since the plan does not provide for the enforcement of emission control actions for mobile sources during air pollution emergency episodes. [37 FR 10895, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986] § 52.2228 Review of new sources and modifications. top (a) Part D—Conditional approval. The Nashville-Davidson County regulation for the review of new sources and modifications in nonattainment areas is approved on condition that the State by October 31, 1984, submit a revision limiting source shutdown credit for offsets to replacement units, and, in the interim, assure implementation of the regulation in conformity with Federal requirements. (b) Section 123—Conditional approval. The plan's provision for implementation of the requirements of section 123 of the Clean Air Act in Nashville-Davidson County is approved on condition that the State by October 31, 1984, submit: (1) Definitions in the local regulation of nearby and excessive concentration and (2) Provision in the local regulation for public notification and opportunity for hearing in cases where stack heights in excess of normal good engineering practice are proposed on the basis of fluid modeling demonstrations, and, in the interim, assure implementation of the local regulation in conformity with Federal requirements. (c) The State of Tennessee proposed to delete section 1200–3–18–.03 “Standard for New Sources” from the Tennessee State Implementation Plan (SIP) and the Memphis-Shelby County portion of the Tennessee SIP. EPA is disapproving the deletion of this rule for the Tennessee SIP because Tennessee does not have federally approved New Source Review (NSR) regulations which apply to some of the sources in this chapter. EPA is approving the deletion of this rule for the Memphis submittal because the federally approved TN NSR applies to the Memphis-Shelby County area. (d) The State of Tennessee proposed to delete rule 1200–3–18-.03 “Standard for New Sources” from the Tennessee State Implementation Plan (SIP). In paragraph (e) of this section, EPA disapproved the deletion of this rule because Tennessee did not have federally approved New Source Review (NSR) regulations that applied to some of the sources in this chapter. EPA is hereby approving the deletion of section 1200–3–18-.03 of the Tennessee SIP, and is deleting EPA's earlier disapproval in paragraph (e) of this section. [39 FR 7284, Feb. 25, 1974, as amended at 48 FR 50080, Oct. 31, 1983; 50 FR 32413, Aug. 12, 1985; 51 FR 40677, Nov. 7, 1986; 59 FR 18317, Apr. 18, 1994; 60 FR 7917, Feb. 10, 1995; 60 FR 33924, June 29, 1995] § 52.2229 Rules and regulations. top (a) The following portions of the revised Memphis and Shelby County regulations submitted on July 7, 1986, are disapproved because they are inconsistent with EPA policy and requirements: 16–77, Rules 1200–3–9–.01(3); 1200–3–9–.01(4)(o)(2) (b) Knox County Regulation 25.2.B, submitted July 7, 1986, is disapproved because it is inconsistent with EPA policy and requirements. [54 FR 25458, June 15, 1989, as amended at 54 FR 31954, Aug. 3, 1989] § 52.2230 Attainment dates for national standards. top The following table presents the latest dates by which the national standards are to be attained. The dates reflect the information presented in Tennessee's plan. ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------------------------- Air quality control region Particulate matter Sulfur oxides -------------------------------------------- Nitrogen Carbon Ozone Primary Secondary Primary Secondary dioxide monoxide ---------------------------------------------------------------------------------------------------------------- Eastern Tennessee-Southwestern Virginia Interstate: a. Sullivan County: Bristol and d d c c b b d Kingsport nonattainment areas \1\............................. b. Campbell County nonattainment d d c c b b b areas \1\....................... c. Anderson/Knox County c d c c b b b nonattainment area \1\.......... d. Copperhill nonattainment area c c d f b b b \1\............................. e. Knox County nonattainment area c c c c b d d \1\............................. f. Bradley County nonattainment c c c c b b d area \1\........................ g. Roane County nonattainment c c c c b b d area............................ h. Rest of AQCR.................. c c c c b b b Tennessee River Valley-Cumberland c c c c b b b Mountains Intrastate.............. Middle Tennessee Intrastate: a. Benton/Humphreys County c c d d b b c nonattainment areas \1\......... b. Davidson County nonattainment d d c c b e d area \1\........................ c. Maury County nonattainment c c b b b b d area \1\........................ d. Rest of AQCR.................. c c b b b b c Western Tennessee Intrastate: a. Benton/Humphreys County c c d d b b b nonattainment area \1\.......... b. Rest of AQCR.................. c c b b b b b Chattanooga Interstate: a. Hamilton County nonattainment c c b b b b d area \1\........................ b. Rest of AQCR.................. c c b b b b b Metropolitan Memphis: a. Shelby County nonattainment c c b b b e d area \1\........................ b. Rest of AQCR.................. c c b b b b c ---------------------------------------------------------------------------------------------------------------- \1\ For more precise delineation, see § 81.343 of this chapter. a. Air quality levels presently below primary standards or area is unclassifiable. b. Air quality levels presently below secondary standards or area is unclassifiable. c. July 1975. d. December 31, 1982. e. December 31, 1987. f. 18-month extension granted. [45 FR 53818, Aug. 13, 1980, as amended at 45 FR 75661, Nov. 17, 1980; 49 FR 1343, Jan. 11, 1984] § 52.2231 Control strategy: Sulfur oxides and particulate matter. top (a) Part D conditional approval. The Chattanooga primary TSP plan's provisions for review of new sources and modifications in the nonattainment area are approved on condition that the State submit by December 31, 1987, a definition of the term Federally enforceable and provisions for making Federally enforceable all limitations, conditions, and offsets, including permit restrictions, relied upon under the plan, and in the interim, implement these provisions in a manner consistent with EPA requirements. (b) In letters dated March 9 and April 15, 1988, the Tennessee Department of Health and Environment certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to: Dupont (43–07–02); Tennessee Valley Authority—Johnsonville (43–11–1 thru 10); Tennessee Chemical Company (70–04–21); Tennessee Eastman (82–03–15–19); A.E. Staley (53–81–18, 19, 34, 31); Cargill Inc., Memphis; and Grace Chemical Company, Millington. [52 FR 15498, Apr. 29, 1987, as amended at 54 FR 25454, June 15, 1989] § 52.2232 [Reserved] top § 52.2233 Significant deterioration of air quality. top (a)(1) Paragraph 1200–3–9–.01(4)–(0)–2. of Tennessee's regulations is disapproved because it does not require that the consent of the Governor(s) of affected states be obtained when innovative technology waivers are granted. EPA retains permitting authority for sources requesting innovative technology waivers which would significantly impact air quality in adjacent states. (2) Tennessee's definition of stationary source specifically excludes the activities of any Vessel. This exclusion is not currently approvable and EPA is deferring action on it pending final rulemaking on the issue. EPA retains authority for permits which involve vessel emissions where a source is not willing to include all vessel emissions in the definition of source. (b) The requirements of §52.21 except paragraph (a)(1) are hereby incorporated and made part of the applicable SIP for the State of Tennessee for the following purposes: (1) Permitting of sources requesting innovative technology waivers which would significantly impact air quality in adjacent states. (2) Permitting of sources involving vessel emissions where the source is unwilling to include all vessel emissions in the definition of source. (c) (1) All applications and other information required pursuant to §52.21 of this part from sources located or to be located in the State of Tennessee shall be submitted to the Division of Air Pollution Control, Tennessee Department of Public Health, 256 Capitol Hill Building, Nashville, Tennessee 37219. [42 FR 36456, July 15, 1977, and 43 FR 26410, June 19, 1978, as amended at 50 FR 7779, Feb. 26, 1985; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003] § 52.2234 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures meeting the requirements of 40 CFR 51.305 and 51.307 for protection of visibility in mandatory Class I Federal areas. (b) Regulations for visibility monitoring and new source review. The provisions of §§52.26, 52.27, and 52.28 are hereby incorporated and made part of the applicable plan for the State of Tennessee. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of Tennessee. [51 FR 5505, Feb. 13, 1986, as amended at 52 FR 45137, Nov. 24, 1987] § 52.2235 Control strategy: Ozone. top (a) Determination—EPA is determining that, as of August 8, 1995, the Nashville ozone nonattainment area has attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the area for so long as the area does not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in the Nashville ozone nonattainment area, these determinations shall no longer apply. (b) Nonregulatory provisions for the implementation of a basic I/M program in Rutherford, Sumner, Williamson, and Wilson Counties, submitted on July 13, 1994, were approved by EPA on September 26, 1995. [60 FR 40292, Aug. 8, 1995, as amended at 60 FR 47290, Sept. 12, 1995] § 52.2236 Control strategy; lead. top The Tennessee Department of Environment and Conservation has submitted revisions to the Tennessee SIP on October 6, 1994. These revisions address the requirements necessary to change a lead nonattainment area to attainment. The maintenance plan for the Fayette County area near Rossville, Tennessee is comprised of a maintenance demonstration and NSR/PSD program. For areas where the only lead source has shut down, these components are sufficient for an approvable maintenance plan. The State's maintenance plan is complete and satisfies all of the requirements of section 175(A) of the CAA. [60 FR 43020, Aug. 18, 1995] § 52.2237 NOX RACT and NOX conformity exemption. top Approval. EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT) and NOX conformity exemption request submitted by the Tennessee Department of Environment and Conservation on March 21, 1995, for the five county middle Tennessee (Nashville) ozone moderate nonattainment area. This approval exempts the area from implementing federal NOX RACT on major sources of NOX and exempts Tennessee from NOX conformity. This approval does not exempt sources from any State required or State Implementation Plan (SIP) approved NOX controls. If a violation of the ozone NAAQS occurs in the area, the exemption from the requirement of section 182(f) of the CAA in the applicable area shall not apply. [61 FR 54946, Oct. 23, 1996] § 52.2239 Original Identification of plan section. top (a) This section identifies the original “Tennessee Air Pollution Control Implementation Plan” and all revisions submitted by Tennessee that were federally approved prior to December 1, 1998. (b) The plan was officially submitted on January 27, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Certification of public hearing submitted on February 3, 1972, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (2) Miscellaneous corrections to emission inventories submitted on February 10, 1972, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (3) Statements of intent for intergovernmental cooperation submitted on April 13, 1972, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (4) City of Memphis Air Pollution Control Code submitted on April 27, 1972, by the Division of Air Pollution Control of the Tennessee Department of Public Health and the Memphis and Shelby County Health Department. (5) Minor addition to the Tennessee Code, Section 53–3422, submitted on May 3, 1972, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (6) Clarifying comments on the plan submitted on May 8, 1972, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (7) Statement of public availability of emission data submitted on May 12, 1972, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (8) Miscellaneous changes to Chapters II, III, VII, IX and XII of the plan; regulations of Memphis-Shelby County and Knoxville-Knox County and resolutions concerning local programs of Davidson, Hamilton and Shelby Counties submitted on August 17, 1972, by the Governor. (9) Revised emission limits for asphalt plants, cotton gins and Kraft mills and establishment of new source performance standards submitted on February 16, 1973, by the Tennessee Department of Public Health. (10) Compliance schedules submitted on March 23, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (11) Compliance schedules submitted on April 16, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (12) Certification of public hearing on February 16, 1973, submission submitted on April 30, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (13) Compliance schedules submitted on May 15, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (14) Clarifying comments on the February 16, 1973, submission submitted on May 25, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (15) Miscellaneous changes to Chapters II through IV and VI through XIII of the plan, miscellaneous non-regulatory additions, certification of public hearing and compliance schedules submitted on June 8, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (16) Categorical compliance schedule regulation for SO2 submitted on June 27, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (17) Compliance schedules submitted on July 3, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (18) Hamilton County Air Pollution Control Regulations and miscellaneous non-regulatory additions to the plan submitted on July 18, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health and the Chattanooga-Hamilton County Air Pollution Control Bureau. (19) Compliance schedules submitted on July 20, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (20) Chapter IV of the Metropolitan Code for the Metropolitan Government of Nashville and Davidson County submitted on August 13, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health and the Metropolitan Health Department of Nashville and Davidson County. (21) Revisions to Chapters II, VI, VII, IX, and XIV of the plan concerning SO2 emissions submitted on October 12, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (22) Compliance schedules submitted on October 15, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (23) Compliance schedules submitted on October 16, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (24) Compliance schedules submitted on December 26, 1973, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (25) Addition to Subparagraph F, Section I, Chapter XIV submitted on January 17, 1974, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (26) Compliance schedules submitted on February 20, 1974, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (27) Revised emission limits for combustion and process sources of sulfur dioxide, submitted on April 30, 1976, by the Division of Air Pollution Control of the Tennessee Department of Public Health. (The provision for an alternative basis for regulating process sources in Shelby County is given conditional approval; any exercise of this provision must be made the subject of a plan revision.) (28) Regulations providing for continuous monitoring by existing sources, submitted on May 22, 1977, by the Division of Air Pollution Control of the Tennessee Department of Public Health for the Metropolitan Health Department of Nashville and Davidson County. (29) Regulations providing for continous monitoring of existing sources, control of vinyl chloride emissions, review of new sources in nonattainment areas, control of emissions from wood-fired boilers, change in diffusion equation limiting particulate emissions, conflict of interest rules and miscellaneous other changes, submitted on May 3 and June 22, 1978, by the Tennessee Department of Public Health, Division of Air Pollution Control. (30) 1979 implementation plan revisions for nonattainment areas, submitted on February 13 and April 12 and 27, 1979, by the Tennessee Division of Air Pollution Control (Bristol, Lafollettee, Jacksboro, Sumner Co., Anderson/Knox Counties, Copperhill, Johnsonville area, Shelby Co., and Knox Co.) (31) Requests for an 18-month extension of the statutory timetable for submitting plans to attain and maintain the secondary ambient standard for particulate matter in the Chattanooga, Columbia, Kingsport, Memphis, and Nashville nonattainment areas, submitted on May 4, 9, and 17, and June 21 and 22, 1979, by the Tennessee Department of Public Health. (32) Regulation 1200–3–9–.01–(4) for the review of new sources adopted on March 21, 1979, with a State effective date of June 21, 1979, and submitted on April 12, 1979, pursuant to the requirements of §51.24 of this chapter (1978 edition) by the Tennessee Division of Air Pollution Control. (33) 1979 implementation plans for the Nashville TSP and CO nonattainment areas and Statewide ozone nonattainment areas, including regulations Number 3, and Number 7 for Nashville-Davidson County adopted on April 11, 1979 and March 14, 1979, which were submitted on May 15, 1979, and regulations 1200–3–18–01 through .47, adopted on March 14, April 11, June 20 and 28, 1979, and May 1, 1980, and submitted on June 28, July 2, 1979, and May 8, 1980, by the Tennessee Department of Public Health. (34) 1979 implementation plan revisions for the Kingsport TSP nonattainment area, submitted on August 15, 1979, by the Tennessee Department of Public Health. (35) Regulation 1200–3–14–.01, –.02, –.03 for control of sulfur dioxide emissions, adopted on July 1, 1979, with a State effective date of November 16, 1979, and submitted on June 29, 1979, by the Tennessee Department of Public Health. (36) [Reserved] (37) Transportation related commitments and schedules, submitted on March 20 and December 17, 1980, by the Tennessee Division of Air Pollution Control to correct deficiencies in the Memphis CO plan given conditional approval on February 6, 1980. (38) Air quality surveillance plan submitted on April 23, 1980, by the Tennessee Department of Public Health. (39) Set II VOC regulations, submitted on December 31, 1980, by the Tennessee Department of Public Health. (40) Davidson County and Hamilton County implementation plans for lead, submitted on August 19, 1981, by the Tennessee Department of Public Health. (41) Revisions involving the following regulations— Rule 1200–3–11–.02(2)(1)5.(ii): Asbestos; Rule 1200–3–12–.04(2)(c): Large Existing Fuel Burning Installations; Rule 1200–3–18–.02(1)(ii): Definitions: Volatile Organic Compounds; Rule 1200–3–18–.04: Alternative Emission Standard; and Rule 1200–3–18–.42(3): Individual Compliance Schedules—submitted on September 30, 1981, by the Tennessee Department of Public Health. (42) Alternative VOC compliance schedule for Werthan Industries, Inc., Nashville, submitted on October 9, 1981, by the Tennessee Department of Public Health. (43) Revision to the Volatile Organic Compound (VOC) definition, submitted on August 27, 1980, by the Tennessee Department of Public Health. (44) Miscellaneous nonregulatory revisions submitted on October 25, 1979, March 20, 1980, May 5, 1980, August 15, 1980, and November 5, 1981, and miscellaneous regulatory revisions submitted on February 6, 1979 (change in Chapter 6), on June 13, 1979 (changes in Chapters 2, 4, 6, 7, and 8), on September 27, 1979 (change in Chapter 16), on October 15, 1979 (changes in Chapters 1, 2, 7, 11, 16, and 19), on November 23, 1979 (changes in Chapters 6, 9, 12, 16, 18, and 20), on February 19, 1980 (changes in Chapters 2 and 12), October 25, 1980 (changes in Chapters 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, and 14), on August 26, 1981 (changes in Chapters 5, 9, 14, 15, 16, 18, and 19), on September 30, 1981 (change in Chapter 16), on December 9, 1981 (changes in Chapters 2, 16, 18, 19, and 20), and on January 22, 1982 (changes in Chapters 2, 5, 7, 8, 12, 16, 18, 19, and 21). (45)(i) Materials developed to meet conditions on the approval of the 1979 revisions for the Nashville and Kingsport primary TSP nonattainment areas, submitted on September 30, 1980, and December 17, 1980, respectively, by the Tennessee Department of Public Health. Additional materials for Kingsport were submitted on August 27, 1981. (ii) 1979 revisions for the Copperhill secondary SO2 nonattainment area, submitted on August 15, 1980, by the Tennessee Department of Public Health. (iii) 1979 revisions for the Kingsport secondary TSP nonattainment area, submitted on May 8, 1980, by the Tennessee Department of Public Health. (46) Miscellaneous changes in Chapters 1200–3–5, 10, 12, 18, and 20, submitted on December 9, 1981, and miscellaneous changes in Chapters 1200–3–2, 5, 7, 9, 12, 16, 18, submitted on January 22, 1982, by the Tennessee Department of Public Health. (47) Metropolitan Nashville-Davidson County Set II VOC Regulation, submitted on August 27, 1980 and January 23, 1981, by the Tennessee Department of Public Health. (48) Extended compliance schedules for five sources of VOC, and operating permit for Du Pont de Nemours Company's scrub solids kiln at New Johnsonville, submitted on February 12, 1982, by the Tennessee Department of Public Health. (49) Part D revisions for the Chattanooga primary TSP nonattainment area, submitted on August 31, 1981, and December 22, 1982, by the Tennessee Department of Public Health. (No action is taken on the definition of “reconstruction” contained in the revisions.) (50) Certain State permits for the Kingsport area, and a visible emission technique for nontraditional fugitive dust sources (Method 1) submitted on May 10, 1982; and a revision entitled Standard of Performance for Storage Vessels for Petroleum Liquids Contracted after May 18, 1978, (1200–3–16–/.09a) submitted May 5, 1982, by the Tennessee Department of Public Health. (51) Changes in visible emission evaluation technique for nontraditional sources, submitted on September 29, 1982, by the Tennessee Department of Public Health. (52) VOC compliance schedule extension for Knowlton Brothers, Chattanooga, submitted on August 3, 1982, by the Tennessee Department of Public Health. (53) Knox County plan for lead, submitted on March 1, 1983, by the Tennessee Department of Public Health. (54) Revisions to the Part D ozone plan for the Nashville-Davidson County nonattainment area, submitted on June 30, 1982, by the Tennessee Department of Public Health. (55) Nashville-Davidson County regulations for prevention of significant deterioration and for new source review in nonattainment areas, submitted on October 9, 1981 (revised regulation no. 3), June 3 and November 22, 1982 (changes in revised regulation no. 3 and in Chapter Four of the Metropolitan Code of Nashville and Davidson County), and regulations submitted on June 3, 1982, for the control of volatile organic compounds, determination of good engineering practice stack height, and permits for an equivalent opacity standard for Ford Motor Company, by the Tennessee Department of Public Health. (56) 1982 revisions in the Part D CO SIP for the Nashville-Davidson County nonattainment area (except TCM portion approved on September 13, 1985), submitted on June 30, 1982, and June 14, 1985. (i) Incorporation by reference. (A) Metropolitan Health Department Pollution Control Division Regulation No. 8 for Inspection and Maintenance (I/M) adopted on May 13, 1981; and revised on June 12, 1985, and February 15, 1984. (B) Metropolitan Nashville and Davidson County's Carbon Monoxide Reasonable Further Progress (RFP) curve adopted on May 8, 1985. (ii) Other material. (A) Narrative adopted June 16, 1982. (B) Public awareness program mechanics training program adopted May 8, 1985. (57) Regulatory revisions (changes and additions in regulations 1200–3–5–.11, 1200–3–12–.04–(4), 1200–3–16–.01–(5), 1200–3–16–.14, 1200–3–16–.32, 1200–3–16–.33, 1200–3–18–.02(1)(hh), 1200–3–18–.02(ii), 1200–3–18–.03(1)(b), 1200–3–18–.21(5), and 1200–3–18–.22(2), 1200–3–19–.03 (g), (h) and addition of regulation 1200–3–18–.30) submitted on April 22, 1983, and nonregulatory revisions (changes in sections 2.15 and 2.12.E.2, 2.8.1, and eleven permits for sources in the Kingsport area) submitted on April 14, 1983, by the Tennessee Department of Health and Environment. (58) Materials related to attainment status designations of various areas, submitted on January 19, 20, and 21, February 9, March 4, 14, and 22, April 6, and June 1, 1983, by the Tennessee Department for Health and Environment. (59) Control strategy demonstration for lead, submitted on June 4, 1984, by the Tennessee Department of Health and Environment. (60) Lead implementation plan for Memphis/Shelby County, submitted on June 25, 1984, by the Tennessee Department of Health and Environment. (61) Material related to a compliance schedule for Maremont Corporation in Pulaski, and two permits for the Kingsport Press in Kingsport, submitted on September 15, 1983, and January 16, 1984, by the Tennessee Department of Health and Environment. (62) Regulations for the prevention of significant deterioration, submitted on December 9, 1981, April 22 and September 1, 1983, and clarifications submitted on September 5, 1984, and January 17, 1985 by the Tennessee Department of Health and Environment. (Action has been deferred on the phrase “except the activities of any vessel” in 1200–3–9–.01(4)(b) until EPA revises the definition of stationary source.) (63) Changes in rules 1200–3–5–.01 (to revise general visible emission standards), 1200–3–2–.01 (to add definition of “calendar quarter”), 1200–3–12–.03 (to specify method for determining inorganic lead emissions in stack gases), 1200–3–14 (to revise monitoring requirements related to SO2 control), and 1200–3–16–.01 (to specify method for determining particulate emissions from asphalt processing and roofing manufacture), submitted on October 17, 1984, and change in rule 1200–3–3 (to delete ambient air quality standard for hydrocarbons), submitted on December 5, 1984, by the Tennessee Department of Health and Environment. (64) Changes in visible emission evaluation methods, submitted on September 26, 1984, by the Tennessee Department of Health and Environment. (65) Changes in visible emission limitations for wood-fired fuel burning equipment (changes in regulations 1200–3–5–.06 and 1200–3–5–.07), submitted on October 17, 1984, and January 18, 1985, by the Tennessee Department of Health and Environment. Coverage of wood-fired fuel equipment was expanded to include units of 500,000 to 100,000,000 BTU per hour heat input in certain counties; the compliance determining technique was changed from the aggregate method to the six-minute average. (66) State implementation plan for lead, submitted on December 5, 1984, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Amendments to the Tennessee Air Pollution Control Regulations, Chapter 1200–3–22, Lead Emission Standards, as submitted, and State-effective on December 5, 1984. (B) Operating permits for: (1) Ross Metals, Inc., issued on December 5, 1984. (2) General Smelting and Refining Company, issued on December 5, 1984. (3) Tennessee Chemical Company, issued on December 5, 1984. (ii) Additional information. (A) Control Strategy and modelling, submitted on June 4, 1984. (67) Letter of commitment, submitted on December 20, 1984, by the Memphis-Shelby County Health Department. (i) Incorporation by reference. (A) Letter of commitment on new source review for lead sources, submitted on December 20, 1984, by the Memphis County Health Department. (ii) Additional information. (A) None. (68) Revisions in the TCM portion of the 1982 CO SIP for Nashville-Davidson County, submitted on July 18, 1984, and adopted on June 4, 1984. (i) Incorporation by reference. (A) Air Pollution Control Board of the State of Tennessee Board Order 13 84, which is a statement of intent to adopt two-cent gas tax equivalent measures in place of return of 1980 level of service in Nashville-Davidson County CO SIP TCM; and July 18, 1984 letter from the Tennessee Department of Health and Environment which approves the Metropolitan Nashville and Davidson County Legally Enforceable Limits and Schedules effective June 4, 1984. (ii) Additional material. (A) Revision of the calculations on reductions due to implementation of the Rideshare Program submitted on July 18, 1984. (69) Tennessee Visible Emission Evaluation Method 3, was submitted on January 16 and June 14, 1985, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (a) January 16, 1985 letter from Tennessee Department of Health and Environment and Tennessee Visible Emission Evaluation Method 3, §§1, 2, and 5, became State-effective on December 12, 1984. (b) June 14, 1985 letter from Tennessee Department of Health and Environment and Tennessee Visible Emission Evaluation Method 3, §§3 and 4, became State-effective on May 30, 1985. (ii) Other material—none. (70)–(71) [Reserved] (72) Five Board Orders were submitted on January 29, 1986, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Board Order 2–86 from Tennessee Department of Health and Environment, became State-effective on January 15, 1986. (B) Board Order 3–86 from Tennessee Department of Health and Environment, became State-effective on January 15, 1986. (C) Board Order 5–86 from Tennessee Department of Health and Environment, became State-effective on January 15, 1986. (ii) Other material—none. (73) Tennessee Visible Emissions Evaluation Method 4 was submitted on May 28, 1986, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Tennessee Visible Emissions Evaluation Method 4, which became State-adopted on April 16, 1986. (ii) Other material—none. (74) Board Orders 7–86 and 11–86 were submitted on May 9, 1986, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Board Order 7–86, which became State-effective on April 16, 1986. (B) Board Order 11–86, and temporary operating permit for Refined Metals Corp., permit No. 0212–OIP, which became State-effective on April 16, 1986. (ii) Other material—none. (75) Board Order 12–86, a one-year variance from SO2 ambient monitoring by DuPont in Old Hickory, was submitted on July 7, 1986, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Board Order 12–86, which became State-effective on June 19, 1986. (ii) Other material—none. (76) Board Orders 23–86, 24–86, 34–86 and 36–86 were submitted on October 7, 1986 and December 30, 1986, respectively by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Board Order 23–86, which became State-effective on September 17, 1986. (B) Board Order 24–86, which became State-effective on September 17, 1986. (C) Board Order 34–86, which became State-effective on November 20, 1986. (D) Board Order 36–86, which became State-effective on November 20, 1986. (ii) Other material—none. (77) Board Orders 35–86 and 5–87 were submitted on February 17, 1987, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Board Order 35–86, Opacity variance for Hassel and Hughes Lumber Company, which was approved on November 19, 1986. (B) Board Order 5–87, variance for Texas Gas Transmission Corporation which was approved on January 21, 1987. (ii) Other material—none. (78) A variance from Rule 1200–3–18.21 was submitted to EPA on December 30, 1986, by the Tenessee Department of Health and Environment. (i) Incorporation by referemce. (A) A variance for coating bicycles at Murray Ohio Manufacturing Company granted by the Tennessee Department of Health and Environment Air Pollution Control Board, approved on November 19, 1986. (ii) Additional material—none. (79) A variance from Rule 1200–3–18–.04(8) was submitted to EPA on January 6, 1988, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Tennessee Department of Health and Environment, Division of Air Pollution Control, Board Order 08–87 approved on August 13, 1987. (B) Letter of January 6, 1988, from the Tennessee Department of Health and Environment. (ii) Other materials—none. (80) A variance from Rule 1200–3–18–.04(8) was submitted to EPA on January 6, 1988, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Tennessee Department of Health and Environment, Division of Air Pollution Control, Board Order 11–87 approved on August 13, 1987. (B) Letter of January 6, 1988, from the Tennessee Department of Health and Environment. (ii) Other materials—none. (81) A variance from Rule 1200–3–18–.04(8) was submitted to EPA on January 6, 1988, by the Tennessee Department of Health and Environment. (i) Incorporation of reference. (A) Tennessee Department of Health and Environment, Division of Air Pollution Control, Board Order 29–87 approved on December 10, 1987. (B) Letter of January 6, 1988, from the Tennessee Department of Health and Environment. (ii) Other materials—none. (82) A variance from Rule 1200–3–18–.04(8) was submitted to EPA on February 25, 1988, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Tennessee Department of Health and Environment, Division of Air Pollution Control, Board Order 2–88 approved on February 18, 1988. (B) Letter of February 25, 1988, from the Tennessee Department of Health and Environment. (ii) Other materials-none. (83) A variance from Rule 1200–3–18–.04(8) was submitted to EPA on January 6, 1988, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Tennessee Department of Health and Environment, Division of Air Pollution Control, Board Order 27–87 approved on December 10, 1987. (B) Letter of January 6, 1988, from the Tennessee Department of Health and Environment. (ii) Other materials—none. (84) A variance from Rule 1200–3–18–.04(8) was submitted to EPA on January 6, 1988, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Tennessee Department of Health and Environment, Division of Air Pollution Control Board Order 19–87 approved on October 2, 1987. (B) Letter of January 6, 1988, from the Tennessee Department of Health and Environment. (ii) Other materials—none. (85) Board Orders 10–87 and 15–87, incorporating the Prevention of Significant Deterioration modeling guideline in the State of Tennessee and Nashville/Davidson County regulations, submitted on January 6, 1988 by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Board Order 10–87, revision to the Prevention of Significant Deterioration modeling guideline for the State of Tennessee, which was approved on August 13, 1987. (B) Board Order 15–87, revision to the Prevention of Significant Deterioration modeling guideline for Nashville/Davidson County, which was approved on August 13, 1987. (C) Letter of January 6, 1988 from the Tennessee Department of Health and Environment. (ii) Other material—none. (86) Board Order 1–87 concerning Legally Enforceable Limits and Schedules for the Metropolitan Nashville and Davidson County portion of the Tennessee State Implementation Plan for Total Suspended Particulates, was submitted on February 17, 1987, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Board Order 1–87, and amendments to §2.12.1.D.8, “Legally Enforceable Limits and Schedules”, of the Metropolitan Nashville and Davidson County portion of the Tennessee State Implementation Plan for Total Suspended Particulates, approved on January 21, 1987. (ii) Other material—none. (87) A certificate of alternate control of volatile organic compound emissions for Avco Aerostructures/Textron was submitted to EPA on February 25, 1988, by the State of Tennessee for the Metropolitan Health Department of Nashville and Davidson County. (i) Incorporation by reference. (A) Letter of February 25, 1988, from the State of Tennessee Air Pollution Control Board. (B) Certificate of alternate control of volatile organic compound (VOC) emissions for Avco Aerostructures/Textron, adopted by the Metropolitan Board of Health on February 9, 1988. (C) Avco Aerostructures/Textron operating permit numbers 42–3, 42–4, 42–5, 42–6, 42–7, 42–8, 42–9, 42–10, 42–18, 42–19. (88) Rule 1200–3–19–.06, Logs for Operating Hours, submitted on February 19, 1980, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Rule 1200–3–19–.06, Logs for Operating Hours which became State-effective February 14, 1980. (B) Letter of February 19, 1980, from the Tennessee Department of Public Health. (ii) Other material—none. (89) Revised Memphis and Shelby County regulations (Board Order 17–86) submitted on July 7, 1986. (i) Incorporation by reference. (A) Memphis and Shelby County regulations, Board Order 17–86, which became State-effective June 18, 1986. The regulations that are approved are as follows: Sections 16–46 Sections 16–47 Sections 16–48 Sections 16–49 except for Rule 1200–3–3–.05 (the last sentence) Sections 16–50 Sections 16–51 Sections 16–56 Sections 16–57 Sections 16–58 Sections 16–59 Sections 16–71 Sections 16–77 except for Rules 1200–3–9.01(3); 1200–3–9–.01(4)(b)(6)(the phrase, “.except the activities of any vessel.”); 1200–3–9–.01(4)(o)(2); 1200–3–9–.02(1)–(3),(6)–(10) and the last sentence of (5); 1200–3–9–.03(2)(the last sentence), .03(2)(a), and .03(2)(b) Sections 16–78 except for Rules 1200–3–7–.03(2); 1200–3–7–.04(2)(the last sentence); 1200–3–7–.07(2)–(5); 1200–3–7–.09 Sections 16–79 Sections 16–80 Sections 16–82 except for Rules 1200–3–14–.02; 1200–3–14–.03(5) and (6) Sections 16–83 except for Rules 1200–3–5–.01(2) and (3); 1200–3–5–.03(2) Sections 16–84 Sections 16–85 Sections 16–86 Sections 16–87 Sections 16–88 except paragraph(b) Sections 16–89 Sections 16–90 Sections 16–91 (B) Letter of July 7, 1986, from the Tennessee Department of Health and Environment. (ii) Other material—none. (90) An amendment to Section 7–1 of the Nashville/Davidson County regulations was submitted on June 15, 1988, by Tennessee's Department of Health and Environment. (i) Incorporation by reference. (A) Tennessee Department of Health and Environment, Division of Air Pollution Control, Board Order 11–88 approved on June 8, 1988. (B) Letter of June 15, 1988, from the Tennessee Department of Health and Environment. (ii) Other material-none. (91) Board Orders 13–87, deleting five operating permits for Tennessee Eastman Company from the SIP, and 14–87, deleting an operating permit for General Smelting and Refining from the SIP, submitted on January 6, 1988. (i) Incorporation by reference. (A) Board Order 13–87, for Tennessee Eastman Company, approved August 13, 1987. (B) Board Order 14–87, for General Smelting and Refining Company, approved August 13, 1987. (C) Letter of January 6, 1988, from the Tennessee Department of Health and Environment. (ii) Other material—none. (92) Revised Knox County regulations: Tennessee Air Pollution Control Board Order 17–86, submitted on July 7, 1986; Board Order 27–86, submitted on October 7, 1986; and Board Order 2–87, submitted on February 17, 1987. (i) Incorporation by reference. (A) Tennessee Air Pollution Control Board Orders 17–86, and Knox County regulations 12.0–20.0, 22.0, 24.0, 25.0, except 25.2.B, 26.0–41.0, and 46.0, which became State effective June 18, 1986; 27–86, and Knox County regulation 35.3 and amendments to 41.1, which became State effective September 17, 1986; and 2–87 and Knox County regulation 47.0, which became State effective January 21, 1987. (ii) Additional material. (A) Letters of July 7, 1986, October 7, 1986, and February 17, 1987, from the Tennessee Department of Health and Environment, submitting the Knox County SIP revisions. (93) Stack height regulations were submitted to EPA on August 18, 1986, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Tennessee Air Pollution Control Regulations, Good Engineering Practice Stack Height Regulations, which became effective on November 22, 1987. (ii) Other material—none. (94) A revision of Rule 1200–3–18–.02(m) was submitted to EPA on January 6, 1988, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Amendment to Tennessee Department of Health and Environment rules (revision of Paragraph 1200–3–18–.02(m)), State-effective on November 10, 1986. (ii) Other material—none. (95) Rules 1200–3–6–.05(4), Wood Fired Fuel Burning Equipment, 1200–3–19–.11(3)(b), Particulate Matter Emissions Regulations for the Bristol Nonattainment Area, and 1200–3–19–.12(2)(g), Particulate Matter Emission Regulations for Air Contaminant Sources in or Significantly Impacting the Particulate Nonattainment Control Areas in Campbell County, which were submitted January 6, 1988. (i) Incorporation by reference. (A) Rule 1200–3–6–.05(4), Wood Fired Fuel Burning Equipment, which is State-effective, May 30, 1987. (B) Rule 1200–3–19–.11(3)(b), Particulate Matter Emission Regulations for the Bristol Nonattainment Area, which is State-effective May 30, 1987. (C) Rule 1200–3–19–.12(2)(g), Particulate Matter Emission Regulations for Air Contaminant Sources in or Significantly Impacting the Particulate Nonattainment Control Areas in Campbell County, which is State-effective May 30, 1987. (ii) Other material—none. (96) Tennessee Air Pollution Control Board Order 03–89 approving permits amended by agreed orders for fourteen sources was submitted to EPA on May 16, 1989, by the Tennessee Department of Health and Environment. (i) Incorporation by reference. (A) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.01, Astec Industries, Inc., effective March 20, 1989. (B) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.02, Browning-Ferris Industries, effective March 20, 1989. (C) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.03, The Landes Company Inc., effective March 20, 1989. (D) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.04, Chattanooga Armature Works, effective March 20, 1989. (E) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.05, Combustion Engineering, Inc., effective March 20, 1989. (F) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.06, Cumberland Corporation, effective March 20, 1989. (G) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.07, Ekco/Glaco, Inc., effective March 20, 1989. (H) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.08, Electrical Systems, Inc., effective March 20, 1989. (I) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.09, Mueller Company, effective March 20, 1989. (J) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.10, McKee Baking Company, effective March 20, 1989. (K) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.11, Royal, Incorporated, effective March 20, 1989. (L) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.12, Tuftco Corporation, effective March 20, 1989. (M) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.13, Sherman & Reilly, Inc., effective March 20, 1989. (N) Chattanooga-Hamilton County Air Pollution Control Board Agreed Order, Docket No. 582.14, United States Stove Company, effective March 20, 1989. (O) Board Order 03–89 of the Tennessee Air Pollution Control Board which adopts fourteen miscellaneous metal parts coaters' permits for Chattanooga-Hamilton County on May 10, 1989. (ii) Other materials. (A) Letter of May 16, 1989, from the Tennessee Department of Health and Environment. (97) Revisions to the Nashville/Davidson County portion of the Tennessee SIP which included PM10 regulations (Board Orders 10–88 and 88–15) submitted on December 14, 1988. (i) Incorporation by reference. (A) Revisions to Nashville/Davidson County Regulation No. 3, “New Source Review” and Board Order 10–88 approved June 8, 1988. The following regulations are approved: Section 3–1–Definition—(dd), (ee) and (gg) Section 3–2–Registration and Permits—(b)(2) and (e) Section 3–3–Prevention of Significant Deterioration (PSD) Review—(a)(1), (e)(2), (f), (g)(6), (g)(7) and (g)(8) (B) Revisions to Nashville/Davidson County Metropolitan Code Chapter 4 Subchapter 1 “Air Pollution Control” and Board Order 88–15 approved on November 16, 1988. The following regulations are approved: Section 4–1–1–Definitions—PM10 Emissions, Particulate Matter Emissions, Total Suspended Particulate, and Particulate Matter Section 4–1–6–Incinerator Regulations—(f) Section 4–1–16–Registration and Permits—(c) and f(3) Section 4–1–18–Ambient Air Quality Standards (98) Nashville/Davidson County stack height provisions (Board Order 28–86) submitted as revisions to the Tennessee SIP on October 7, 1986. (i) Incorporation by reference. (A) Tennessee Air Pollution Control Board Order 28–86 and Nashville/Davidson County Regulation No. 3, Sections 3–1 and 3–2 introductory paragraph which was approved September 17, 1986. (ii) Other material. (A) Letter of October 7, 1986, from the Tennessee Department of Health and Environment. (99) PM10 revisions to the Knox County portion of the Tennessee SIP adopted in Board Order 06–89 and submitted on August 2, 1989. (i) Incorporation by reference. (A) PM10 revisions to the Knox County regulations and Board Order 06–89 which became State-effective July 19, 1989. The following regulations are approved: Section 13, Definitions, 13.56 PM10 13.57 PM10 emissions 13.58 Total Suspended Particulate Section 14.0, Ambient Air Quality Standards, Table I Section 14.4A, Procedures for Ambient Sampling and Analysis Section 36.1, Emergency Regulations (Episode Criteria), B., C. and D. (ii) Additional material—none. (100) Revisions to the Hamilton County portion of the Tennessee SIP which approved the regulations for Hamilton County, the City of Chattanooga and the nine other municipalities in Hamilton County adopted in Board Order 05–89 and submitted on July 20, 1989. (i) Incorporation by reference. (A) The entire set of regulations, “The Hamilton County Air Pollution Control Regulation”, as submitted on July 20, 1989, except for section 9, Rules 15, 16, 18.2(q)(2), and 25.21. (B) The entire set of regulations, “The Chattanooga Air Pollution Control Ordinance”, as submitted on July 20, 1989, except for section 4–41, Rules 15, 16, 18.2(o)(2), and 25.21, and as amended by Ordinances Nos. 8413, dated January 15, 1985; 8675, dated July 29, 1986; and 8705, except sections 5 and 6, dated September 30, 1986. (C) The entire set of regulations, “The Collegedale Air Pollution Control Ordinance”, as submitted on July 20, 1989, except for section 8–541, Rules 15, 16, and 18.2(o)(2). (D) The entire set of regulations, “The East Ridge Air Pollution Control Ordinance”, as submitted on July 20, 1989, except for section 8–741, Rules 15, 16, and 18.2(o)(2). (E) The entire set of regulations, “The Lakesite Air Pollution Control Ordinance”, as submitted on July 20, 1989, except for section 41, Rules 15, 16, and 18.2(o)(2). (F) The entire set of regulations, “The Lookout Mountain Air Pollution Control Ordinance”, as submitted on July 20, 1989, except for section 41, Rules 15, 16, and 18.2(o)(2). (G) The entire set of regulations, “The Red Bank Air Pollution Control Ordinance”, as submitted on July 20, 1989, except for section 8–341, Rules 15, 16, and 18.2(o)(2). (H) The entire set of regulations, “The Ridgeside Air Pollution Control Ordinance”, as submitted on July 20, 1989, except for section 41, Rules 15, 16, and 18.2(o)(2). (I) The entire set of regulations, “The Signal Mountain Air Pollution Control Ordinance”, as submitted on July 20, 1989, except for section 41, Rules 15, 16, and 18.2(o)(2). (J) The entire set of regulations, “The Soddy-Daisy Air Pollution Control Ordinance”, as submitted on July 20, 1989, except for section 8–141, Rules 15, 16, and 18.2(o)(2). (K) The entire set of regulations, “The Walden Air Pollution Control Ordinance”, as submitted on July 20, 1989, except for section 41, Rules 15, 16, and 18.2(o)(2). (L) Tennessee Air Pollution Control Board Order 05–89, which became State-effective July 19, 1989, adopted regulations for Hamilton County, the City of Chattanooga and the nine other Hamilton County municipalities as revisions to the Hamilton County portion of the Tennessee SIP. (ii) Additional material. (A) The July 20, 1989, submittal from the Tennessee Department of Health and Environment submitting the regulations for Hamilton County, Chattanooga and the nine other Hamilton County municipalities as revisions to the Hamilton County portion of the Tennessee SIP. (101) Revisions to the Nashville/Davidson County portion of the Tennessee SIP submitted on October 3, 1989. (i) Incorporation by reference. (A) Tennessee Air Pollution Control Board Order 10–89 and Nashville/Davidson County Metropolitan Health Department Regulation No. 10, “Infectious Waste Incinerators” which became State effective September 13, 1989. (ii) Other material. (A) The October 3, 1989 letter from the Tennessee Department of Health and Environment submitting Regulation No. 10. (102) [Reserved] (103) A revision to the Metropolitan-Davidson County portion of Tennessee's SIP, Regulation No. 7—Regulation for Control of Volatile Organic Compounds was submitted on February 16, 1990. (i) Incorporation by reference. (A) Regulation No. 7—Regulation for the Control of Volatile Organic Compounds, except Section 7–22, effective February 14, 1990. (ii) Other material. (A) Letter of February 16, 1990 from the Tennessee Department of Health and Environment. (104) The Tennessee Department of Conservation submitted a Board order including a certificate of alternate control and revised permits for the Nissan Motor Manufacturing facility located in Smyrna, Tennessee, to EPA on February 19, 1991, with revised information provided on April 29, 1991. (i) Incorporation by reference. (A) Nissan Motor Manufacturing Corporation USA operating permit numbers 029538P, 029539P, 029540P, 029541P, 029543P and 029544P which were issued on July 30, 1990, and 030180P which was issued on September 17, 1990. (ii) Other materials. (A) Letters of February 19, 1991, and April 29, 1991, from the Tennessee Department of Conservation. (105) Amendments to the Nashville/Davidson County portion of Tennessee's SIP, Regulation No. 7—Regulation for Control of Volatile Organic Compounds submitted on July 3, 1991, October 4, 1991, and January 2, 1992. (i) Incorporation by reference. (A) Regulation No. 7—Regulation for the Control of Volatile Organic Compounds, effective December 10, 1991. (ii) Other material. (A) Letter of July 3, 1991, from the Metropolitan Health Department for Nashville/Davidson County. (B) Letter of October 4, 1991, from the Metropolitan Health Department for Nashville/Davidson County. (C) Letter of January 2, 1991, from the Metropolitan Health Department for Nashville/Davidson County. (106) Amendments to the Knox County portion of Tennessee's SIP, submitted on January 4, 1991. (i) Incorporation by reference. (A) Amendments to Regulations 25.2B, 29.1B, 17.4E, 18.1, 19.1, 47.3C, effective December 13, 1990. (ii) Other material. (A) Letter of January 4, 1991, from the Tennessee Department of Health and Environment. (107) Revisions to the New Johnsonville SO2 portion of the Tennessee State Implementation Plan submitted on August 2, 1983, by the State of Tennessee through the Tennessee Air Pollution Control Board. (i) Incorporation by reference. (A) Revisions to the following Tennessee Air Pollution Control Regulations which became State-effective on December 13, 1982: 1200–3–3–.05—Achievement (B) Revisions to the following Tennessee Air Pollution Control Regulations which became State-effective on December 17, 1982: 1200–3–19–.14—Sulfur Dioxide Emission Regulation for the New Johnsonville Nonattainment Area (C) Revisions to the following Tennessee Air Pollution Control Regulations which became State-effective on August 1, 1984: 1200–3–14–.01(2)—General Provisions 1200–3–14–.02(1)(a)—Non-process Emissions Standards (ii) Other material. None. (108) Revisions to the Memphis-Shelby County portion of the Tennessee SIP submitted on July 3, 1991, and June 15, 1992, by the State of Tennessee through the Tennessee Air Pollution Control Board. (i) Incorporation by reference. (A) Permit for battery receiving and breaking operation for Refined Metals Corporation which became effective on June 12, 1991: Permit No. 0212–01P. (B) Permit for the refining kettles/casting area for Refined Metals Corporation which became effective on June 12, 1991: Permit No. 0212–04P. (C) Permit for the blast furnace/dust furnace for Refined Metals Corporation which became effective on June 10, 1992: Permit No. 0212–03P(R). (ii) Other material. (A) None. (109) Addition of Section 45, Prevention of Significant Deterioration to the Knox County portion of the Tennessee SIP, submitted and revised on January 29, 1992 and June 15, 1992, respectively. (i) Incorporation by reference. (A) Amendments to Section 45.0 of the Knox County regulations were adopted on June 10, 1992. (ii) Other material. None. (110) Revisions to the VOC portion of the Knox County portion of the Tennessee SIP to correct deficiencies, which were submitted on January 4, 1991, January 29, 1992, and June 15, 1992, respectively. (i) Incorporation by reference. (A) Amendments to the following Sections of the Knox County regulations—13.15, 46.1–B, 46.4–B.7, 46.4–B.8, 46.4–B.9, 46.4–I, 46.6–D.6, 46.8–B.1.d, 46.11–B.5, 46.11–B.6—were adopted on December 13, 1990. (B) Amendments to the following Sections of the Knox County regulations—27.2–A and 46.2—were adopted on November 13, 1991. (C) Amendments to the following Sections of the Knox County regulations—26.5–B, 27.2, 28.1–A.4, 46.2–A.7, 46.2–A.34, 46.6–D.7, 46.17–D, 46.19, 46.20, and 46.21—were adopted on June 10, 1992. (ii) Other material. (A) Letter of January 4, 1991, from the Tennessee Department of Conservation and Environment. (B) Letter of January 29, 1992, from the Tennessee Department of Conservation and Environment. (C) Letter of June 15, 1992, from the Tennessee Department of Conservation and Environment. (111) The maintenance plan for Knox County submitted by the Tennessee Department of Environment and Conservation on August 26, 1992, as part of the Tennessee SIP. (i) Incorporation by reference. (A) Knox County Ozone Attainment Redesignation State Implementation Plan Revision Support Document, which became State-effective on August 12, 1992; and (B) Emissions Inventory Projections (1990–2004) for Knox County, which became State-effective on August 12, 1992. (ii) Other material. (A) Letter dated August 26, 1992, from the Tennessee Department of Environment and Conservation. (112)–(113) [Reserved] (114) On July 13, 1990, and February 26, 1993, Nashville-Davidson county submitted revisions to the Nashville-Davidson county portion of the Tennessee SIP through the Tennessee Department of Air Pollution Control which were intended to bring their regulations into conformity with EPA's New Source Review (NSR) requirements and EPA's Prevention of Significant Deterioration (PSD) increments for nitrogen dioxide (NO2). The USEPA is granting limited approval to the revisions to the Nashville-Davidson county NSR regulations because the revised regulations strengthen the SIP. (i) Incorporation by reference. (A) Amendments to sections 3–1(e) and 3–3(e)(2)(iii) of the Nashville-Davidson county portion of the Tennessee regulations were adopted by the Nashville Metropolitan Board of Health on April 12, 1990. (B) Amendments to sections 3–1(d), 3–1(t), 3–1(x)(7),3–1(ee)(3), 3–1(gg), 3–1(hh), 3–2(b)(2)(ii), and 3–2(b)(3) were adopted by the Nashville Metropolitan Board of Health on December 8, 1992. (ii) Other material—none. (115) Revisions to the rules in the State's portion of the Tennessee State Implementation Plan (SIP) regarding control of volatile organic compounds (VOCs) were submitted on June 25, 1992, and March 22, 1993, by the Tennessee Department of Environment and Conservation. Revisions to the rules in the Memphis-Shelby County portion of the Tennessee SIP regarding control of VOCs were submitted on November 5, 1992, and April 22, 1993, by the State on behalf of Memphis-Shelby County. In these submittals, Memphis-Shelby County adopted State regulations by reference. (i) Incorporation by reference. (A) Revisions to the following State of Tennessee regulations were effective on June 7, 1992. (1) Rule 1200–3–2–.01 General Definitions: Subparagraphs (1)(b), (c), (z), (aa), (gg), (vv), (zz), (ccc), (lll), (mmm), (nnn), (eeee), (ffff), (gggg), and (iiii). (2) Rule 1200–3–18–.01 Purposes and General Provisions: Paragraphs (1), (3), (4) introductory paragraph and (4)(a), (5), and (6). (3) Rule 1200–3–18–.02 Definitions: Subparagraphs (1)(a), (b), (c), (f), (m), (ii), and (jj). (4) Rule 1200–3–18–.04 Alternate Emission Standard. (5) Rule 1200–3–18–.05 Automobile and Light Duty Truck Manufacturing. (6) Rule 1200–3–18–.06 Paper Coating: Subparagraph (1)(b) and paragraphs (2), (3), and (4). (7) Rule 1200–3–18–.07 Petroleum Liquid Storage: Introductory paragraph of paragraph (4). (8) Rule 1200–3–18–.08 Bulk Gasoline Plants: Paragraphs (2) and (3). (9) Rule 1200–3–18–.09 Bulk Gasoline Plants: Paragraph (2), subparagraph (3)(d), and paragraph (6). (10) Rule 1200–3–18–.10 Gasoline Service Stations Stage I: Paragraphs (2), (3) (except subparagraph (3)(a)), (4), and (6). (11) Rule 1200–3–18–.11 Petroleum Refinery Sources: Paragraph (2). (12) Rule 1200–3–18–.12 Can Coating: Paragraphs (3) and (4). (13) Rule 1200–3–18–.13 Coil Coating: Paragraphs (1), (2), and (4). (14) Rule 1200–3–18–.14 Fabric and Vinyl Coating: Subparagraph (1)(b) and paragraphs (2), (3), and (4). (15) Rule 1200–3–18–.15 Metal Furniture Coating: Paragraphs (3) and (4). (16) Rule 1200–3–18–.16 Surface Coating of Large Appliances: Paragraphs (3), (4), and (5). (17) Rule 1200–3–18–.17 Magnet Wire Coating: Paragraphs (2) and (3). (18) Rule 1200–3–18–.18 Solvent Metal Cleaning: Paragraphs (2) and (3). (19) Rule 1200–3–18–.20 Flat Wood Paneling Coating: Introductory paragraph of paragraph (2), paragraphs (4), (5), and (6). (20) Rule 1200–3–18–.21 Surface Coating of Miscellaneous Metal Parts and Products: Subparagraphs (1)(g) and (h), paragraph (2), subparagraph (5)(1), and paragraphs (6), (7), and (8). (21) Rule 1200–3–18–.22 Leaks from Gasoline Tank Trucks and Vapor Collection Systems: Introductory paragraph of paragraph (2), subparagraph (2)(a), paragraphs (3), (4), (5), and (6). (22) Rule 1200–3–18–.23 Petroleum Refinery Equipment Leaks: Introductory paragraph of paragraph (2), subparagraph (2)(a), and paragraph (4). (23) Rule 1200–3–18–.25 Petroleum Liquid Storage in External Floating Roof Tanks: Introductory paragraph of paragraph (2), and paragraph (5). (24) Rule 1200–3–18–.26 Manufacture of Pneumatic Rubber Tires: Introductory paragraph of paragraph (2), paragraphs (4), (5), and (6). (25) Rule 1200–3–18–.27 Manufacture of Synthesized Pharmaceutical Products: Introductory paragraph of paragraph (2), paragraphs (3), (4), and (5). (26) Rule 1200–3–18–.28 Perchloroethylene Dry Cleaning: Introductory paragraph of paragraph (2), paragraphs (4) and (5), and subparagraph (6)(d). (27) Rule 1200–3–18–.29 Graphic Arts-Rotogravure and Flexography: Introductory paragraph of paragraph (2), subparagraph (2)(b), paragraphs (5) and (6). (28) Rule 1200–3–18–.30 Surface Coating of Aerospace Components. (29) Rule 1200–3–18–.40 Regulations Required in Nonattainment Areas. (30) Rule 1200–3–18–.41 Compliance Schedules. (31) Rule 1200–3–18–.42 Individual Compliance Schedules: Paragraphs (1), (2), (3), and (4). (32) Rule 1200–3–18–.43 General Provisions for Test Methods and Procedures. (33) Rule 1200–3–18–.44 Determination of Volatile Content of Surface Coatings. (34) Rule 1200–3–18–.45 Test Method for Determination of Volatile Organic Compound Emissions Control Systems Efficiency. (35) Rule 1200–3–18–.46 Test Method for Determination of Solvent Metal Cleaning Organic Compound Emissions. (36) Rule 1200–3–18–.47 Test Procedure for Determination of VOC Emissions from Bulk Gasoline Terminals. (B) Revisions to the following State of Tennessee regulations were effective on March 18, 1993. (1) Rule 1200–3–21–.01 General Alternate Emission Standard: Paragraphs (1), (2), (3), (4), and (9). (2) Rule 1200–3–21–.02 Applicability. (ii) Additional material—none. (116) The Tennessee Department of Environment and Conservation submitted a SIP revision that amended Rule 1200–3–18 which was submitted to EPA on May 18, 1993. These amendments add Stage II provisions to this rule. (i) Incorporation by reference. (A) Rule 1200–3–18–.24 which became State-effective June 21, 1993. (B) Revisions to the Davidson County portion of the Tennessee SIP. Rule 7, Section 7–1 (11), Rule 7, Section 7–13, Rule 7, Section 7–25(b) which became state effective on November 4, 1992. (ii) Other material. None. (117) The Tennessee Department of Environment and Conservation has submitted revisions to the Tennessee State Implementation Plan. These revisions address the requirements of section 507 of Title V of the CAA and establish the Small Business Stationary Source Technical and Environmental Assistance Program (PROGRAM). (i) Incorporation by reference. (A) Revision to the Tennessee State Implementation Plan to Incorporate Small Business Assistance Program as Required by the Clean Air Act Amendments of 1990, approved by the Tennessee Air Pollution Control Board on February 10, 1993. (ii) Additional information—None. (118) [Reserved] (119) The minor source operating permit program for Knox County, submitted by the Tennessee Division of Air Pollution Control on November 12, 1993 as part of the Tennessee SIP. (i) Incorporation by reference. (A) Revisions to Regulations 17.4.E, 18.1.B, 19.1.B, 25.3.I., and 47.3.C. of the Knox County portion of the Tennessee SIP, as adopted by the Knox County Air Pollution Control Board on October 13, 1993. (ii) Other material. None. (120) Revisions to the Tennessee Division of Air Pollution Control emergency episode plan, submitted on September 1, 1993. These revisions incorporate changes within chapter 1200–3–15-.02 of the Tennessee SIP into the existing regulations which are required in 40 CFR 52.1270. (i) Incorporation by reference. (A) Tennessee Air Pollution Control Regulations, Chapter 1200–3–15-.02, paragraphs (3), (4), and (5), effective June 26, 1993. (121) The redesignation and maintenance plan for Memphis/Shelby County submitted by the Memphis/Shelby County Health Department on October 30, 1992, as part of the Tennessee SIP. On October 15, 1993, and May 6, 1994, Tennessee Department of Environment and Conservation submitted a supplement to the above maintenance plan. (i) Incorporation by reference. (A) Memphis/Shelby County Carbon Monoxide Ten Year Maintenance Plan effective on October 13, 1993. (B) Emissions Inventory Projections for Memphis/Shelby County effective on October 13, 1993. (ii) Other material. None. (122) The maintenance plan and emission inventory for the Memphis and Shelby County Area which includes Shelby County and the City of Memphis submitted by the Tennessee Department of Environment and Conservation on November 12, 1992, and March 31, 1994, as part of the Tennessee SIP. (i) Incorporation by reference. (A) Amendment to the Original Submittal of Nonregulatory Amendment to State Implementation Plan for Shelby County Redesignation from Nonattainment to Attainment Classification for Ozone submitted March 31, 1994, and prepared by the Memphis and Shelby County Health Department, Pollution Control Section for the Tennessee Department of Conservation. The effective date is March 9, 1994, for the following provisions: Section I—Requirement One—Air Quality Data Shows Area Meets NAAQS Section IV—Requirement Four—Maintenance Plan Attachment F: Shelby County Emission Projections Volatile Organic Compounds (Summer Season) Shelby County Emission Projections 1990–2004 Nitrogen Oxides (Summer Season) (ii) Other material. None. (123) A revised chapter 1200–3–18 “Volatile Organic Compounds” was submitted by the Tennessee Department of Air Pollution Control (TDAPC) to EPA on May 18, 1993, to replace the current chapter 1200–3–18 in the Tennessee SIP. This chapter had been revised to meet the requirements of the 1990 Clean Air Act Amendments commonly referred to as the “VOC RACT Catch-Up” requirements. Rule 1200–3–18–.28 “Perchloroethylene Dry Cleaners” which was federally approved in 59 FR 18310 on April 18, 1994, will remain effective. (i) Incorporation by reference. (A) Revisions to the State of Tennessee regulations which were effective on April 22, 1993. (1) Chapter 1200–3–18 “Volatile Organic Compounds,” except for subchapter 1200–3–18–.24, subparagraph 1200–3–18–.03 (2)(b), subparagraph 1200–3–18–.20 (1)(b)(2)(vii), and subparagraphs 1200–3–18–.79 (1)(a)(3), (1)(c), and (1)(d). (ii) Other material. None. (124) On August 17, 1994, the Tennessee Department of Environment and Conservation submitted revisions to the new source review requirements in the Tennessee Division of Air Pollution Control Regulations. These revisions incorporate changes to Chapter 1200–3–9 by substituting for the present paragraph 1200–3–9-.01(5) of the Tennessee SIP with new requirements, which are required in the Clean Air Act as amended in 1990 and 40 CFR part 51, subpart I. (i) Incorporation by reference. Tennessee Division of Air Pollution Control Regulations, Chapter 1200–3–9-.01(5) Growth Policy, effective August 15, 1994. (ii) Other material. None. (125) [Reserved] (126) Modifications to the existing basic I/M program in Davidson County to implement an anti-tampering check, and to require testing of vehicles from model year 1975 and newer, submitted on March 17, 1994. Addition of a basic I/M program in the remainder of the middle Tennessee ozone nonattainment area, submitted on July 8, 1994. (i) Incorporation by reference. (a) Metropolitan Health Department Pollution Control Division Regulation 8, approved by the Tennessee Air Pollution Control Board on March 9, 1994. (b) Regulation 1200–3–29, effective on September 8, 1993. (ii) Other material. None. (127) Revisions to the State of Tennessee Air Pollution Control Regulations submitted by the Tennessee Department of Environment and Conservation on April 18, 1995. These consist of revisions to the process emission standards for new and existing cotton gins. These revised regulations also provide an optional method of using selected controls to demonstrate compliance with the emission standards. (i) Incorporation by reference. (A) Tennessee Division of Air Pollution Control Regulations, Chapter 1200–3–7-.08(3) effective July 16, 1990. (ii) Other material. None. (128) Revisions to Chapter 16, “Open Burning”, of the Knox County portion of the Tennessee State Implementation Plan were submitted by the Tennessee Department of Environment and Conservation on February 26, 1993. Revisions to Chapter 25, “Permits”, of the Knox County portion of the Tennessee State Implementation Plan were submitted by the Tennessee Department of Environment and Conservation on June 23, 1998. (i) Incorporation by reference. (A) Section 16.3 Exceptions to Prohibition—With Permit, adopted on January 13, 1993. (B) Section 25.6 Exemptions, paragraph E, adopted on June 10, 1998. (ii) Other material. None. (129) [Reserved] (130) Revisions to minor source operating permit rules for Nashville-Davidson County submitted by the Tennessee Department of Environment and Conservation on November 16, 1994. (i) Incorporation by reference. (A) Metropolitan Code of Law (M.C.L.) Chapter 10.56, Section 040, Paragraph F, effective October 4, 1994. (ii) Other material. None. (131) On November 12, 1993, the State submitted revisions to the Nashville/Davidson County portion of the Tennessee State Implementation Plan (SIP) on behalf of Nashville/Davidson County. These were revisions to the permit requirements for major sources of air pollution, including revisions to the general definitions, the permit requirements, and the exemptions. As a supplement to this submittal, on July 15, 1994, the State also submitted a request that the recodification of the entire air pollution control rule for Nashville/Davidson County be approved as part of the SIP. These revisions and recodification incorporate changes to Nashville's Chapter 10.56, which was previously Chapter 4–1–1, which are required in the Clean Air Act as amended in 1990 and 40 CFR part 51, subpart I. (i) Incorporation by reference. Code of Laws of the Metropolitan Government of Nashville and Davidson County, Tennessee, Chapter 10.56, Air Pollution Control, effective November 10, 1993, except for the following parts: (A) Section 10.56.010, the definition of “regulated pollutant”; (B) Section 10.56.040, Paragraph (F); (C) Section 10.56.050, Paragraphs (C), (D) and (E); (D) Section 10.56.080. (ii) Other material. None. (132) Revisions to the Knox County Air Pollution Control Regulations submitted by the Tennessee Department of Environment and Conservation on June 28, 1994. These consist of revisions to appeals, judicial review, and violations of the air pollution regulations in Knox County. (i) Incorporation by reference. Knox County Air Pollution Control Regulations, Sections 29.1.B, 29.3, 30.1.A, and 30.1.D adopted May 25, 1994. (133) On September 27, 1994, the State submitted revisions to the Nashville/Davidson County portion of the Tennessee State Implementation Plan (SIP) on behalf of Nashville/Davidson County. These were revisions to the new source review requirements in the Nashville/Davidson County regulations. These revisions incorporate changes to Regulation Number Three, Sections 3–1, 3–2 and 3–3 of the Nashville/Davidson County portion of the Tennessee SIP which bring this into conformance with the new requirements which are required in 40 CFR part 52, subpart I. (i) Incorporation by reference. Metropolitan Health Department Division of Pollution Control Regulation Number 3 New Source Review, as amended on August 9, 1994. (ii) Other material. None. (134) Revisions to the State of Tennessee Air Pollution Control Regulations submitted by the Tennessee Department of Environment and Conservation on June 21, 1991, and June 22, 1993. These consist of revisions to Chapter 1200–3–10 Required Sampling, Recording and Reporting, and Chapter 1200–3–14 Control of Sulfur Dioxide Emissions. Revisions to section 16–85 of the Memphis/Shelby County portion of the Tennessee SIP which adopt by reference changes made to Chapter 1200–3–10 of the Tennessee SIP. (i) Incorporation by reference. (A) Chapter 1200–3–14, effective March 21, 1993. (B) Chapter 1200–3–10, effective March 13, 1993. (C) Section 16–85 of the Memphis/Shelby County Health Department, Air Pollution Control Regulations effective October 23, 1993. (ii) Other material. None. (135) [Reserved] (136) Revisions to the Chattanooga/Hamilton County Air Pollution Control Regulations submitted by the Tennessee Department of Environment and Conservation on May 18, 1993. (i) Incorporation by reference. (A) The Chattanooga City Code, Part II, Chapter 4, is revised as shown in the following paragraphs. These revisions were adopted on March 9, 1993. (1) Section 4–2: the definitions for Best available control technology (BACT); Owner or operator of a demolition or renovation activity; Primary Air Quality Standards; and Secondary Air Quality Standards. (2) Section 4–41: Rule 21, “Ambient Air Quality Standards.” (3) Section 4–41: Rule 25.2, subparagraph 33. (B) The Hamilton County Air Pollution Control Regulation is revised as shown in the following paragraphs. These revisions were adopted on April 7, 1993. (1) Section 16: the following definitions are added: Primary Air Quality Standards; Secondary Air Quality Standards; Owner or operator of a demolition or renovation activity; and Best available control technology (BACT). (2) Section 9: Rule 25.2, subparagraph 33. (3) Section 9: Rule 21, “Ambient Air Quality Standards.” (4) Section 25, “Regulations cumulative.” (C) The Soddy-Daisy Municipal Code, Title 8, Health and Sanitation, Chapter 1, Air Pollution Control, is revised as shown in the following paragraphs. These revisions were adopted on March 18, 1993. (1) Section 8–102: the following definitions are added: Primary Air Quality Standards; Secondary Air Quality Standards; Owner or operator of a demolition or renovation activity; and Best available control technology (BACT). (2) Section 8–141: Rule 25.2, subparagraph 21. (3) Section 8–141: Rule 21, “Ambient Air Quality Standards.” (D) The Ridgeside Air Pollution Control Ordinance is revised as shown in the following paragraphs. These revisions were adopted on April 20, 1993. (1) Section 2: the following definitions are added: Primary Air Quality Standards; Secondary Air Quality Standards; Owner or operator of a demolition or renovation activity; and Best available control technology (BACT). (2) Section 41: Rule 25.2, subparagraph 21. (3) Section 41: Rule 21, “Ambient Air Quality Standards.” (E) The Signal Mountain Air Pollution Control Ordinance is revised as shown in the following paragraphs. These revisions were adopted on March 8, 1993. (1) Section 2: the following definitions are added: Primary Air Quality Standards; Secondary Air Quality Standards; Owner or operator of a demolition or renovation activity; and Best available control technology (BACT). (2) Section 41: Rule 25.2, subparagraph 21. (3) Section 41: Rule 21, “Ambient Air Quality Standards.” (F) The Walden Air Pollution Control Ordinance is revised as shown in the following paragraphs. These revisions were adopted on adopted March 9, 1993. (1) Section 2: the following definitions are added: Primary Air Quality Standards; Secondary Air Quality Standards; Owner or operator of a demolition or renovation activity; and Best available control technology (BACT). (2) Section 41: Rule 25.2, subparagraph 33. (3) Section 41: Rule 21, “Ambient Air Quality Standards.” (G) The Lookout Mountain Air Pollution Control Ordinance is revised as shown in the following paragraphs. These revisions were adopted March 9, 1993. (1) Section 2: the following definitions are added: Primary Air Quality Standards; Secondary Air Quality Standards; Owner or operator of a demolition or renovation activity; and Best available control technology (BACT). (2) Section 41: Rule 25.2, subparagraph 21. (3) Section 41: Rule 21, “Ambient Air Quality Standards.” (H) The Red Bank Municipal Code, Chapter 3, Title 8, is revised as shown in the following paragraphs. These revisions were adopted March 16, 1993. (1) Section 8–302: the following definitions are added: Primary Air Quality Standards; Secondary Air Quality Standards; Owner or operator of a demolition or renovation activity; and Best available control technology (BACT). (2) Section 8–341: Rule 25.2, subparagraph 21. (3) Section 8–341: Rule 21, “Ambient Air Quality Standards.” (I) The Collegedale Municipal Code, Title 8, Health and Sanitation, Chapter 5, Air Pollution Control, is revised as shown in the following paragraphs. These revisions were adopted April 12, 1993. (1) Section 8–502: the following definitions are added: Primary Air Quality Standards; Secondary Air Quality Standards; Owner or operator of a demolition or renovation activity; and Best available control technology (BACT). (2) Section 8–541: Rule 25.2, subparagraph 33. (3) Section 8–541: Rule 21, “Ambient Air Quality Standards.” (J) The Lakesite Municipal Code, Title 4, Building, Utility, Housing and Air Pollution Control Codes, Chapter 6, Air Pollution Control Ordinance is revised as shown in the following paragraphs. These revisions were adopted March 30, 1993. (1) Section 2: the following definitions are added: Primary Air Quality Standards; Secondary Air Quality Standards; Owner or operator of a demolition or renovation activity; and Best available control technology (BACT). (2) Section 41: Rule 25.2, subparagraph 21. (3) Section 41: Rule 21, “Ambient Air Quality Standards.” (K) The East Ridge City Code, Title 8, Health and Sanitation, Chapter 7, Air Pollution Control is revised as shown in the following paragraphs. These revisions were adopted March 11, 1993. (1) Section 8–702: the following definitions are added: Primary Air Quality Standards; Secondary Air Quality Standards; Owner or operator of a demolition or renovation activity; and Best available control technology (BACT). (2) Section 8–741: Rule 25.2, subparagraph 21. (3) Section 8–741: Rule 21, “Ambient Air Quality Standards.” (ii) Other material. None. (137) Revisions to the State of Tennessee Air Pollution Control Regulations submitted by the Tennessee Department of Environment and Conservation on September 1, 1993, and June 10, 1996. These consist of revisions to Chapter 1200–3–9–.01 CONSTRUCTION PERMITS. (i) Incorporation by reference. (A) Chapter 1200–3–9–.01 CONSTRUCTION PERMITS of the Tennessee Department of Environment and Conservation which became state effective August 18, 1996. (ii) Other material. None. (138) Revisions to chapter 1200–3–9 “Construction and Operating Permits” were submitted by the Tennessee Department of Air Pollution Control (TDAPC) to EPA on January 17, 1995. Revisions to chapter 1200–3–18 “Volatile Organic Compounds” were submitted by the TDAPC to EPA on February 21, 1995, February 8, 1996, February 23, 1996, April 22, 1996, and April 25, 1996. (i) Incorporation by reference. (A) Revisions to the State of Tennessee regulation 1200–3–9 “Construction and Operating Permits”, subparagraphs 1200–3–9–.01 (6), (7), (8), effective on August 15, 1994. (B) Revisions to the State of Tennessee regulation by the addition of a new rule 1200–3–18–.33 “Manufacturing of Synthesized Pharmaceutical Products”, effective on November 21, 1993. (C) Revisions to the State of Tennessee regulation 1200–3–18 “Volatile Organic Compounds” rules 1200–3–18–.01, 1200–3–18–.02, 1200–3–18–.03, 1200–3–18–.04, 1200–3–18–.20, 1200–3–18–.21, 1200–3–18–.36, 1200–3–18–.38, 1200–3–18–.39 effective on October 9, 1995. (D) Revisions to the State of Tennessee regulations effective October 25, 1995. (1) The addition of a the new rule 1200–3–18–.78 “Other Facilities that Emit Volatile Organic Compounds (VOC's) of Fifty Tons Per Year”. (2) Revisions to rule 1200–3–18–.79 “Other Facilities that Emit Volatile Organic Compounds”. (E) Revisions to the State of Tennessee regulation by the addition of a new rule 1200–3–18–.42 “Wood Furniture Finishing and Cleaning”, effective August 15, 1995. (F) Revisions to the State of Tennessee regulation by the addition of a new rule 1200–3–18–.43 “Offset Lithographic Printing Operations”, effective October 14, 1995. (ii) Other material. None. (139) Addition of a new chapter 1200–3–27 “Nitrogen Oxides” submitted by the Tennessee Department of Air Pollution Control (TDAPC) to EPA on June 14, 1993, September 28, 1993, May 26, 1994, July 29, 1994, February 23, 1996. (i) Incorporation by reference. (A) Regulation 1200–3–27 “Nitrogen Oxides”, 1200–3–27–.01; 1200–3–27–.02; 1200–3–27–.03 (1) introductory sentence, (1)(b), (3) introductory sentence, (3)(a), effective as of October 28, 1995. (B) Nashville/Davidson County regulation number 14 “Regulation for the Control of Nitrogen Oxides”, Section 14–1; Section 14–2 (b); Section 14–4; Section 14–5; adopted on August 10, 1993. (ii) Other material. None. (140) Permit-by-rule regulations for Knox County Department of Air Pollution Control submitted by the Knox County Department of Air Pollution Control through the Tennessee Department of Environment and Conservation on May 23, 1995 as part of Knox County's portion of the Tennessee SIP. (i) Incorporation by reference. (A) Regulation Section 25.10 of the Knox County portion of the Tennessee SIP as adopted by the Knox County Air Pollution Control Board on April 12, 1995. (ii) Other material. None. (141) On November 16, 1994, the State submitted revisions to the Nashville/Davidson portion of the Tennessee State Implementation Plan (SIP) on behalf of Nashville/Davidson County. These were revisions to the permit requirements for major sources of air pollution, including revisions to the general definitions, permit requirements, the Board's powers and duties, the variances and hearings procedures, the measurement and reporting of emissions, and the testing procedures. These revisions incorporate changes to Nashville's Chapter 10.56 which are required in the Clean Air Act as amended in 1990 and 40 CFR part 51, subpart I. (i) Incorporation by reference. (A) Code of Laws of the Metropolitan Government of Nashville and Davidson County, Tennessee, Chapter 10.56, except Section 10.56.290, Air Pollution Control, approved on October 6, 1994, except Section 10.56.010, definition of “Regulated Pollutant”; Section 10.56.050, paragraphs (C), (D), and (E); Section 10.56.080. (ii) Other material. None. (142) Addition of two source specific nitrogen oxide (NOx) permits for certain engines at Tenneco Energy's Portland facility located in Sumner County, Tennessee, submitted by the Tennessee Department of Air Pollution Control (TDAPC) to EPA on May 31, 1996. (i) Incorporation by reference. (A) Operating Permit number 045022F, approved on May 31, 1996, except conditions 2, 3, 6, and 7. (B) Operating Permit number 045025F, approved on May 31, 1996, except conditions 2, 4, and 5. (ii) Other material. None. (143) Revisions to chapter 1200–3–18 “Volatile Organic Compounds” were submitted by the Tennessee Department of Air Pollution Control (TDAPC) to EPA on June 3, 1996, and June 4, 1996. (i) Incorporation by reference. (A) Rule 1200–3–18–.01, paragraphs (26) and (87), effective on August 10, 1996. (B) Rule 1200–3–18–.06 “Handling, Storage, Use, and Disposal of Volatile Organic Compounds (VOCs)”, effective on August 11, 1996. (C) Rule 1200–3–18–.44 “Surface Coating of Plastic Parts”, effective on August 10, 1996. (D) Rule 1200–3–18–.45 “Standards of Performance for Commercial Motor Vehicle and Mobile Equipment Refinishing Operations”, effective on January 17, 1996. (E) Rule 1200–3–18–.48 “Volatile Organic Liquid Storage Tanks”, effective on August 2, 1996. (ii) Other material. None. (144) The maintenance plan and redesignation request for the Nashville Area which includes Davidson, Rutherford, Sumner, Williamson, and Wilson Counties submitted by the Tennessee Department of Environment and Conservation on November 14, 1994, August 9, 1995, and January 19, 1996, as part of the Tennessee SIP. (i) Incorporation by reference. The following sections of the document entitled Request for Redesignation of the Middle Tennessee Non-attainment Area from Moderate Non-attainment to Attainment of the National Ambient Air Quality Standard for Ozone and the Maintenance Plan: 2.0 Attainment Demonstration; 3.0 Maintenance Demonstration; 4.0 Contingency Plan; and Appendix 4 Summaries of Projected Emissions for VOC, NOX, and CO adopted on January 10, 1996. (ii) Other material. None. (145) Revisions to Division Rule 1200—Stationary Sources—General Requirements, submitted by the Tennessee Department of Environmental Protection on May 3, 1995. (i) Incorporation by reference. (A) Division of Air Pollution Control Rule 1200–3–9–.02(11)(a), effective September 21, 1994. (B) Memphis City Code Section 16–77, reference 1200–3–9–.02(11)(a), effective October 28, 1994. (ii) Other materials. None. (146) [Reserved] (147) Addition of a new chapter 1200–3–23 “Visibility Protection” to the Tennessee Air Pollution Control Regulations submitted by the Tennessee Department of Environment and Conservation on February 9, 1993, and December 19, 1994. (i) Incorporation by reference. (A) Chapter 1200–3–23 “Visibility Protection,” effective July 24, 1994. (ii) Other material. None. (148) Revisions to the Hamilton County portion of the Tennessee SIP that approve the regulations for Hamilton County, the City of Chattanooga, and the municipalities of East Ridge, Red Bank, Soddy-Daisy, Signal Mountain, Lakesite, Walden, Collegedale, Lookout Mountain, and Ridgeside—submitted by the Tennessee Department of Environmental Protection on December 15, 1995. (i) Incorporation by reference. (A) Amendments to Sections 2, 3, 4, 6, 8, 12, and 16–19 of the regulation known as the “Hamilton County Air Pollution Control Regulation,” the “Signal Mountain Air Pollution Control Ordinance,” the “Lakesite Municipal Code,” the “Walden Air Pollution Control Ordinance,” the “Lookout Mountain Air Pollution Control Ordinance,” and the “Ridgeside Air Pollution Control Ordinance,” submitted on December 15, 1995 and adopted by Hamilton County on September 6, 1995 and by the following municipalities: Signal Mountain, adopted on December 11, 1995; Lakesite, adopted on November 16, 1995; Walden, adopted on December 12, 1995; Lookout Mountain, adopted on November 14, 1995; and Ridgeside, adopted on April 16, 1996. (B) Amendments to Sections 4–2, 4–3, 4–4, 4–6, 4–8, 4–12, 4–16, 4–17, 4–18, and 4–19 of the “Chattanooga Air Pollution Control Ordinance,” as submitted on December 15, 1995 and adopted on August 16, 1995. (C) Amendments to Sections 8–702, 8–703, 8–704, 8–706, 8–708, 8–712, 8–716, 8–717, 8–718, and 8–719 of the “East Ridge City Code,” as submitted on December 15, 1995 and adopted on September 28, 1995. (D) Amendments to Sections 8–302, 8–303, 8–304, 8–306, 8–308, 8–312, 8–316, 8–317, 8–318, and 8–319 of the “Red Bank Municipal Code,” as submitted on December 15, 1995 and adopted on November 7, 1995. (E) Amendments to Sections 8–102, 8–103, 8–104, 8–106, 8–108, 8–112, 8–116, 8–117, 8–818, and 8–119 of the “Soddy-Daisy Municipal Code,” as submitted on December 15, 1995 and adopted on October 5, 1995. (F) Amendments to Sections 8–502, 8–503, 8–504, 8–506, 8–508, 5–512, 8–516, 8–517, 8–518, and 8–519 of the “Collegedale Municipal Code,” as submitted on December 15, 1995 and adopted on October 2, 1995. (ii) Other materials. None. (149) On March 4, 1996, the State submitted revisions to the Knoxville/Knox County portion of the Tennessee SIP on behalf of Knoxville/Knox County. These were revisions to the enforcement authority requirements in the Knoxville/Knox County regulations. These revisions incorporate changes to Knoxville's Section 30.1 which are required in the Clean Air Act as amended in 1990 and 40 CFR part 51, subpart I. (i) Incorporation by reference. (A) Knox County Air Pollution Control Regulations, Sections 30.1.D, 30.1.F, and 30.1.G, adopted on January 10, 1996. (ii) Other material. None. (150) Revisions to chapters 1200–3–9 “Construction and Operating Permits” and 1200–3–18 “Volatile Organic Compounds” were submitted by the Tennessee Department of Air Pollution Control (TDAPC) to EPA on June 3, 1996. (i) Incorporation by reference. (A) State of Tennessee regulation 1200–3–9 “Construction and Operating Permits”, subpart 1200–3–9–.01(4)(b)(29)(i) effective on August 14, 1996. (B) State of Tennessee regulation 1200–3–18 “Volatile Organic Compounds”, subparts 1200–3–18–.24(1)(d), 1200–3–18–.24(3)(c)(2)(i) and 1200–3–18–.86(11)(c) effective August 10, 1996. (ii) Other material. None. (151) A Revision to Knox County Ozone Maintenance plan and emission projections submitted by the Tennessee Department of Environment and Conservation on January 18, 1995. (i) Incorporation by reference. (A) Knox County Ozone Maintenance plan and emission projections adopted on November 21, 1994. (ii) Other material. None. (152) On December 28, 1995, the State submitted revisions to the Nashville/Davidson portion of the Tennessee SIP on behalf of Nashville/Davidson County. These were revisions to the permit requirements for major sources of air pollution, including revisions to the general definitions, the permit requirements, and the exemptions. Also included was a revision to the regulations for internal combustion engines. These revisions incorporate changes to Nashville's Chapter 10.56 which are required in the Clean Air Act as amended in 1990 and 40 CFR part 51, subpart I. (i) Incorporation by reference. (A) Code of Laws of the Metropolitan Government of Nashville and Davidson County, Tennessee, Chapter 10.56 Air Pollution Control, approved on December 14, 1995. (I) Section 10.56.010, definitions for “Potential Emissions,” “Regulated Pollutant,” and “Volatile Organic Compound.” (II) Section 10.56.040, Paragraph B. (III) Section 10.56.050, Paragraphs A and F. (IV) Section 110.56.240, Paragraph C. (ii) Other material. None. (153) Revisions to Nashville/Davidson County portion of the Tennessee state implementation plan submitted to EPA by the State of Tennessee on December 17, 1993, April 2, 1996, September 18, 1996, and November 14, 1996, concerning new source review (NSR), control of volatile organic compounds (VOC), and emergency episodes with the exception of the revisions to 7–17(c)(4)(ii) and 7–17(c)(4)(iii) which were disapproved. (i) Incorporation by reference. (A) Nashville/Davidson County Air Pollution Control Regulation number 3 “New Source Review” sections 3–1(y), 3–1(hh), 3–1(jj), and 3–2(f), effective November 13, 1996. (B) Nashville/Davidson County Air Pollution Control Regulation number 7 “Regulation for the Control of Volatile Organic Compounds” sections 7–1(mm), 7–2, 7–4, 7–5, 7–6, 7–7, 7–8, 7–9, 7–10, 7–16(a), 7–16(c) {except section 7–16(c)(11)}, 7–16(d), 7–17(a)(9), 7–17(c) {except 7–17(c)(4)(ii), and 7–17(c)(4)(iii)}, 7–20, 7–21, 7–22, 7–23, 7–24, 7–26, 7–27, and 7–28, effective November 13, 1996. (C) Nashville/Davidson County Air Pollution Control Regulation number 11 “Emergency Episode Regulation” effective November 13, 1996. (ii) Other material. None. (154) Revisions to Chattanooga/Hamilton County portion of the Tennessee state implementation plan submitted to EPA by the State of Tennessee on December 11, 1995, and June 26, 1996, regarding nitrogen oxides, prevention of significant deterioration (PSD), lead sources, stack heights, infectious waste incinerators, and volatile organic compound (VOC) reasonably available control technology (RACT) for miscellaneous metal parts coaters and synthesized pharmaceutical products, and PM10. (i) Incorporation by reference. (A) Chapter 4, Section 4–13 except (b)(6), and Section 4–41, Rules 2.4, 2.6, 2.7; 16.5; 18; 20.4(2)d, 21, 25.2(33), 27; 3.5; 8, Table 1; 9.4, 13.1, and 26.8 of the “Chattanooga Air Pollution Control Ordinance,” adopted on August 15, 1995. (B) Section 13, except (b)(6); Section 41, Rules 2.4, 2.6, 2.7; 16.5; 18; 20.4(2)d; 21; 24.2(33); 26; 27; 3.5; 8, Table 1; and 13.1; and Section 8(f)(4) of the regulation known as the “Hamilton County Air Pollution Control Regulation,” adopted by Hamilton County on September 6, 1995. The identical regulations were also adopted by the following municipalities as part of their air pollution control ordinances: Signal Mountain, adopted on December 11, 1995; Walden, adopted on December 12, 1995; Lookout Mountain, adopted on November 14, 1995; and Ridgeside, adopted on April 16, 1996. (C) Chapter 7 for Section 8–713, except (b)(6); Section 8–741, Rules 2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); to Chapter 3 for Section 8–541, Rule 26; and to Chapter 7, Section 8–741, for Rules 27; 3.5, 8, Table 1, and 13.1; Section 8–708(f)(4) of the “East Ridge City Code,” adopted on September 28, 1995. (D) Chapter 3: Section 8–313, except (b)(6); Section 8–341, Rules 2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, Table 1; and 13.1; and Section 8–308(f)(4) of the “Red Bank Municipal Code,” adopted on November 7, 1995. (E) Chapter 1: Section 8–113, except (b)(6); Section 8–141, Rules 2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, Table 1, and 13.1; and Section 8–108(f)(4) of the “Soddy-Daisy Municipal Code,” adopted on October 5, 1995. (F) Chapter 3: Section 8–513, except (b)(6); Section 8–541, Rules 2.4, 2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, Table 1; and 13.1; and Section 8–108(f)(4) of the “Collegedale Municipal Code,” adopted on October 2, 1995. (G) Chapter 3, Section 41, Rules 19; 21; 22; 25.2(21); 26; 27; 3.5; 8, Table 1; and 13.1; and Section 8(f)(4) of the “Lakesite Municipal Code” adopted November 16, 1995. (H) Chapter 4: Section 4–2; Section 4–41, Rules 19; 21, Table 1; 22; 25.2; 25.21(6); and 25.27(3) of the “Chattanooga Air Pollution Control Ordinance,” adopted on May 30, 1989. (I) Section 9, Rules 19; 21, Table 1; 22; 25.2; 25.21(6); and 25.27(3); and Section 16 of the regulation known as the “Hamilton County Air Pollution Control Regulation,” adopted on June 7, 1989. (155) Revisions to Tennessee state implementation plan submitted to EPA by the State of Tennessee on April 30, 1996, regarding emission standards and monitoring requirements for additional control areas. (i) Incorporation by reference. Tennessee Division of Air Pollution Control Regulations, Chapter 1200–3–19, adopted September 7, 1988. (ii) Other material. None. (156) Addition of six operating permits containing source specific VOC RACT requirements for certain VOC sources at Brunswick Marine Corporation, Outboard Marine Corporation, and Essex Group Incorporated submitted by the Tennessee Department of Environment and Conservation on December 20, 1995 and June 3, 1996. (i) Incorporation by reference. (A) Marine Group Brunswick Corporation operating permit number 743652P issued February 21, 1996, (conditions number 2, 3, and 18). (B) Stratos Boat Incorporated, D.B.A. Javelin Boats operating permit number 039845P issued on July 27, 1995, (conditions number 2 and 3), and permit number 044881P issued on May 31, 1996, (conditions number 2, 9, and 10). (C) Essex Group Incorporated operating permit numbers 045011P, (conditions 5, 10, 13, and 15), 045012P, (conditions 5, 10, 13, and 15) and 045013P, (conditions 5 and 16) issued on May 31, 1996. (ii) Other material. None. (157) The visible emission chapter revisions to the Tennessee SIP which were submitted on October 6, 1994. (i) Incorporation by reference. (A) Chapter 1200–3–5 Visible Emissions effective on June 7, 1992. (ii) Other material. None. (158) Addition of supplement C to the “Guideline on Air Quality Models”, correction of conversion factor in the manufacture of high-density polyethylene, polypropylene and polystyrene resins, and clarification for the test method used for determining the VOC content of coatings and inks submitted by the Tennessee Department of Environment and Conservation on February 27, 1997, and May 8, 1997. (i) Incorporation by reference. (A) Tennessee regulation 1220–3–9–.01(1)(f) effective December 28, 1996. (B) Tennessee regulations 1200–3–18–.39(5)(a)(2) and 1200–3–18–.81(2) (a) and (b) effective April 16, 1997. (ii) Other material. None. (159) The maintenance plan and redesignation request for the Polk County area submitted by the Tennessee Department of Environment and Conservation on April 17, 1995, as part of the Tennessee SIP. (i) Incorporation by reference. The following sections of the Tennessee Department of Environment and Conservation Board Order Number 95–24: VI. Maintenance and contingency plan adopted on April 12, 1995. (ii) Other material. None. (160) The maintenance plan and redesignation request for the New Johnsonville Area which includes that portion of Benton and that portion of Humphreys Counties, Tennessee, surrounding TVA's Johnsonville plant submitted by the Tennessee Department of Environment and Conservation on December 17, 1993, as part of the Tennessee SIP. (i) Incorporation by reference. The following sections of the Tennessee Department of Environment and Conservation Board Order Number 93–25: I. Maintenance Plan; and II. Contingency Plan adopted on December 15, 1993. (ii) Other material. None. (161) Revisions to the Knox County portion of the Tennessee state implementation plan submitted to EPA by the State of Tennessee on December 24, 1996 and June 18, 1997, concerning process particulate emissions and volatile organic compounds (VOC) were approved. (i) Incorporation by reference. (A) Section 19.2 of the Knox County Air Pollution Control Regulation “Process Particulate Emissions” effective December 11, 1996. (B) Section 46.2.A.34 of the Knox County Air Pollution Control Regulation “Volatile Organic Compounds” effective June 11, 1997. (ii) Other material. None. (162) Revisions to the Nashville/Davidson County portion of the Tennessee State Implementation Plan submitted to EPA by the State of Tennessee on July 23, 1997, concerning regulatory revisions for control of volatile organic compounds. (i) Incorporation by reference. Regulation No.7, Section 7–16, effective July 9, 1997. (ii) Other material. None. (163) Revisions to the Tennessee Air Pollution Control Regulations submitted on May 8, 1997. (i) Incorporation by reference. Paragraph (1) of Rule 1200–3–18-.83 TEST METHODS AND COMPLIANCE PROCEDURES: EMISSION CAPTURE AND DESTRUCTION OR REMOVAL EFFICIENCY AND MONITORING REQUIREMENTS effective on April 15, 1997. (ii) Other material. None. (164) Revisions to the Nashville/Davidson County portion of the Tennessee State Implementation Plan submitted to EPA by the State of Tennessee on April 7, 1997. (i) Incorporation by reference. Chapter 10.56, Sections 10.56.010, 10.56.080(B), 10.56.160, 10.56.280(D), effective March 12, 1997. (ii) Other material. None. (165) The revisions to the maintenance plan and emission inventory for the Memphis and Shelby County Area which includes Shelby County and the City of Memphis submitted by the Tennessee Department of Environment and Conservation on September 18, 1997, and June 30, 1998, as part of the Tennessee SIP. (i) Incorporation by reference. Non-Regulatory SIP Submittal Including I. The 1993 Ozone, Nitrogen Oxides, and Carbon Monoxide Triennial Emission Inventory; II. Revisions to the 1990 Base Year Inventory; III. Amendments to the CO and O3 Maintenance Plans to Specify Conformity Emission Budgets adopted on September 10, 1997. (A) Mobile and point source emission budgets volatile organic compounds summer season tons per day (PJVCTD3.WK1) (B) Mobile and point source emission budgets nitrogen oxides summer season tons per day (PJNXTD3.WK1) (C) Mobile and point source emission budgets carbon monoxide winter season tons per day (PJCOTD3.WK1) (D) Mobile and point source emission budgets volatile organic compounds summer season tons per day (E) Mobile and point source emission budgets nitrogen oxides summer season tons per day (F) Mobile and point source emission budgets carbon monoxide winter season tons per day. (ii) Other material. None. (166) [Reserved] (167) The adoption of the credible evidence regulations, which were submitted on November 16, 1994, into the Nashville/Davidson County portion of the Tennessee SIP. (i) Incorporation by reference. Section 10.56.290 Measurement and Reporting of Emissions effective on October 6, 1994. (ii) Other material. None. (168) Revisions to the Knox County portion of the Tennessee state implementation plan submitted to EPA by the State of Tennessee on November 13, 1998, concerning VOC and use of LAER for major modifications to existing sources were approved. (i) Incorporation by reference. (A) Section 46.2.A.34 of the Knox County Air Pollution Control Regulation “Volatile Organic Compounds/Definitions” effective November 10, 1998. (B) Section 46.3.A of the Knox County Air Pollution Control Regulation “Volatile Organic Compounds/Standards for New Sources” effective November 10, 1998. (ii) Other material. None. [37 FR 10894, May 31, 1972. Redesignated and amended at 64 FR 35012, June 30, 1999] Editorial Note: For Federal Register citations affecting §52.2239, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart SS—Texas top § 52.2270 Identification of plan. top Link to an amendment published at 71 FR 12289, Mar. 10, 2006. (a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for Texas under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to December 31, 1998, were approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after December 31, 1998, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 6 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of December 31, 1998. (3) Copies of the materials incorporated by reference may be inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700, Dallas, Texas, 75202–2733; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 1200 Pennsylvania Ave., NW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA Approved Regulations in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/Subject Submittal date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Chapter 101_General Air Quality Rules ---------------------------------------------------------------------------------------------------------------- Subchapter A_General Rules ---------------------------------------------------------------------------------------------------------------- Section 101.1................... Definitions....... 08/21/02.......... 03/30/05, 70 FR 16129. Section 101.2................... Multiple air 04/13/73.......... 06/22/73, 38 FR Ref 52.2299(c)(7). Contaminant 16568. Sources or Properties. Section 101.3................... Circumvention..... 04/13/73.......... 06/22/73, 38 FR Ref 52.2299(c)(7). 16568. Section 101.4................... Nuisance.......... 04/13/73.......... 06/22/73, 38 FR Ref 52.2299(c)(7). 16568. Section 101.5................... Traffic Hazard.... 04/13/73.......... 06/22/73, 38 FR Ref 52.2299(c)(7). 16568. Section 101.8................... Sampling.......... 12/11/73.......... 01/27/82, 47 FR Ref 03767. 52.2299(c)(33). Section 101.9................... Sampling Ports.... 04/13/73.......... 06/22/73, 38 FR Ref 52.2299(c)(7). 16568. Section 101.10.................. Emission Inventory 10/15/92.......... 08/26/94, 59 FR Ref Requirements. 44036. 52.2299(c)(82). Section 101.13.................. Use and Effect of 04/13/73.......... 06/22/73, 38 FR Ref 52.2299(c)(7). Rules. 16568. Section 101.14.................. Sampling 04/13/73.......... 06/22/73, 38 FR Ref 52.2299(c)(7). Procedures and 16568. Terminology. Section 101.18.................. Remedies 04/13/73.......... 06/22/73, 38 FR Ref 52.2299(c)(7). Cumulative. 16568. Section 101.19.................. Severability...... 04/13/73.......... 06/22/73, 38 FR Ref 52.2299(c)(7). 16568. Section 101.20.................. Compliance with 05/09/75.......... 06/01/77, 42 FR Rule 23 Ref, Environmental 07/26/85.......... 27894. 52.2299(c)(10) Protection Agency 06/24/92, 57 FR Section 101.20(3), Standards. 28093. Ref 52.2299(c)(73). (1) and (2) NOT IN SIP. Section 101.21.................. The National 05/09/75.......... 06/01/77, 42 FR Ref Primary and 27894. 52.2299(c)(10). Secondary Air Quality Standards. Section 101.22.................. Effective Date.... 07/20/81.......... 04/22/82, 47 FR Ref 17285. 52.2299(c)(31). Section 101.30.................. Conformity of 11/22/94 and 08/21/ 03/11/98, 63 FR Ref General and State 97. 11833. 52.2299(c)(106). Actions to State Implementation Plans. Section 101. Rule 16............ Invoking 04/13/73.......... 6/22/73, 38 FR Ref 52.2299(c)(7). Jurisdiction. 16568. Not in current Texas General Rules. Section 101. Rule 19............ Initiation of 04/13/73.......... 06/22/73, 38 FR Ref 52.2299(c)(7). Review. 16568. Not in current Texas General Rules. ---------------------------------------------------------------------------------------------------------------- Subchapter F_Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities ---------------------------------------------------------------------------------------------------------------- Division 1_Emissions Events ---------------------------------------------------------------------------------------------------------------- Section 101.201................. Emissions Event 08/21/02.......... 03/30/05, 70 FR Reporting and 16129. Recordkeeping Requirements. ---------------------------------------------------------------------------------------------------------------- Division 2_Maintenance, Startup, and Shutdown Activities ---------------------------------------------------------------------------------------------------------------- Section 101.211................. Scheduled 08/21/02.......... 03/30/05, 70 FR Maintenance, 16129. Startup, and Shutdown Reporting and Recordkeeping Requirements. ---------------------------------------------------------------------------------------------------------------- Division 3_Operational Requirements, Demonstrations, and Actions to Reduce Excessive Emissions ---------------------------------------------------------------------------------------------------------------- Section 101.221................. Operational 6/3/05............ 8/26/05, 70 FR Requirements. 50205. Section 101.222................. Demonstrations.... 6/3/05............ 8/26/05, 70 FR 50205. Section 101.223................. Actions to Reduce 6/3/05............ 8/26/05, 70 FR Excessive 50205. Emissions. Section 101.224................. Temporary 08/21/02.......... 03/30/05, 70 FR Exemptions During 16129. Drought Conditions. ---------------------------------------------------------------------------------------------------------------- Division 4_Variances ---------------------------------------------------------------------------------------------------------------- Section 101.231................. Petition for 08/21/02.......... 03/30/05, 70 FR Variance. 16129. Section 101.232................. Effect of 08/21/02.......... 03/30/05, 70 FR Acceptance of 16129. Variance or Permit. Section 101.233................. Variance Transfers 08/21/02.......... 03/30/05, 70 FR 16129. ---------------------------------------------------------------------------------------------------------------- Subchapter H_Emissions Banking and Trading ---------------------------------------------------------------------------------------------------------------- Division 3_Mass Emissions Cap and Trade Program ---------------------------------------------------------------------------------------------------------------- Section 101.350................. Definitions....... 09/26/01.......... 11/14/01, 66 FR 57260. Section 101.351................. Applicability..... 05/23/01.......... 11/14/01, 66 FR 57260. Section 101.352................. General Provisions 09/26/01.......... 11/14/01, 66 FR 57260. Section 101.353................. Allocation of 09/26/01.......... 11/14/01, 66 FR Subsections allowances. 57260. 101.353(a)(3)(B) 101.353(a)(3)(D) NOT IN SIP. Section 101.354................. Allowance 09/26/01.......... 11/14/01, 66 FR deductions. 57260. Section 101.356................. Allowance Banking 09/26/01.......... 11/14/01, 66 FR and Trading. 57260. Section 101.358................. Emissions 12/09/00.......... 11/14/01, 66 FR Monitoring and 57260. Compliance Demonstration. Section 101.359................. Reporting......... 12/09/00.......... 11/14/01, 66 FR 57260. Section 101.360................. Level of activity 09/26/01.......... 11/14/01, 66 FR certification. 57260. Section 101.363................. Program audits and 09/26/01.......... 11/04/01, 66 FR reports. 57260. ---------------------------------------------------------------------------------------------------------------- Chapter 106_Permits by Rule --------------------------------- Subchapter A_General Requirements ---------------------------------------------------------------------------------------------------------------- Section 106.1................... Purpose........... 08/09/00.......... 11/14/03, 68 FR 64548. Section 106.2................... Applicability..... 08/09/00.......... 11/14/03, 68 FR 64548. Section 106.4................... Requirements for 03/07/01.......... 11/14/03, 68 FR Permitting by 64548. Rule. Section 106.6................... Registration of 11/20/02.......... 11/14/03, 68 FR Emissions. 64548. Section 106.8................... Recordkeeping..... 10/10/01.......... 11/14/03, 68 FR 64548. Section 106.13.................. References to 08/09/00.......... 11/14/03, 68 FR Standard 64548. Exemptions and Exemptions from Permitting. ---------------------------------------------------------------------------------------------------------------- Chapter 111 (Reg 1)_Control of Air Pollution from Visible Emissions and Particulate Matter --------------------------------- Part A_Outdoor Burning ---------------------------------------------------------------------------------------------------------------- Section 111.101................. General 06/16/89.......... 01/18/94, 59 FR Ref Prohibition. 02534. 52.2299(c)(79). Section 111.103................. Exceptions to 06/16/89.......... 01/18/94, 59 FR Ref Prohibition of 02534. 52.2299(c)(79). Outdoor Burning. Section 111.105................. General 06/16/89.......... 01/18/94, 59 FR Ref Requirements for 02534. 52.2299(c)(79). Allowable Outdoor Burning. Section 111.107................. Responsibility for 06/16/89.......... 01/18/94, 59 FR Ref 52.2299(c)(79) Consequences of 02534. Outdoor Burning. ---------------------------------------------------------------------------------------------------------------- Part B_Visible Emissions ---------------------------------------------------------------------------------------------------------------- Section 111.111................. Requirements for 06/18/93.......... 05/08/96, 61 FR Ref Specified Sources. 20734. 52.2299(c)(94). Section 111.113................. Alternative 06/16/89.......... 05/08/96, 61 FR Ref Opacity 20732. 52.2299(c)(94). Limitations. ---------------------------------------------------------------------------------------------------------------- Part C_Incineration ---------------------------------------------------------------------------------------------------------------- Section 111.11.................. Single-Chamber 01/22/74.......... 07/26/82, 47 FR Ref Incinerator. 32126. 52.2299(c)(44). Section 111.12.................. Approval of 01/22/74.......... 07/26/82, 47 FR Ref Incinerators. 32126. 52.2299(c)(44). ---------------------------------------------------------------------------------------------------------------- Part E_Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots ---------------------------------------------------------------------------------------------------------------- Section 111.141................. Geographic Areas 10/25/91.......... 01/18/94, 59 FR Ref of Application 02534. 52.2299(c)(79). and Date of Compliance. Section 111.143................. Materials Handling 06/16/89.......... 01/18/94, 59 FR Ref 02534. 52.2299(c)(79). Section 111.145................. Construction and 10/25/91.......... 01/18/94, 59 FR Ref Demolition. 02534. 52.2299(c)(79). Section 111.147................. Roads, Streets, 10/25/91.......... 01/18/94, 59 FR Ref and Alleys. 02534. 52.2299(c)(79). Section 111.149................. Parking Lots...... 06/16/89.......... 01/18/94, 59 FR Ref 02534. 52.2299(c)(79). ---------------------------------------------------------------------------------------------------------------- Part F_Particulate Matter ---------------------------------------------------------------------------------------------------------------- Section 111. Rule 105.1......... Allowable Emission 01/28/72.......... 05/31/72, 37 FR Ref 52.2299(b). Limits. 10895. Section 111. Rule 105.2......... Ground Level 01/28/72.......... 05/31/72, 37 FR Ref 52.2299(b). Concentrations. 10895. Section 111. Rule 105.3......... Emission Limits 01/28/72.......... 05/31/72, 37 FR Ref 52.2299(b). from Solid Fossil 10895. Fuel Fired Steam Generators. ---------------------------------------------------------------------------------------------------------------- Part G_Particulate Matter From Agricultural Processes ---------------------------------------------------------------------------------------------------------------- Section 111.71.................. Applicability of 01/08/82.......... 02/25/83, 48 FR Ref Rules. 08073. 52.2299(c)(50). Section 111.72.................. Process Weight 01/22/74.......... 07/26/82, 47 FR Ref Method. 32126. 52.2299(c)(44). Section 111.73.................. Alternate Method.. 01/22/74.......... 07/26/82, 47 FR Ref 32126. 52.2299(c)(44). Section 111.74.................. Failure to Select 01/22/74.......... 07/26/82, 47 FR Ref Alternate Method. 32126. 52.2299(c)(44). Section 111.75.................. Severability of 01/22/74.......... 07/26/82, 47 FR Ref Rules. 32126. 52.2299(c)(44). Section 111.76.................. Compliance........ 01/22/74.......... 07/26/82, 47 FR Ref 32126. 52.2299(c)(44). ---------------------------------------------------------------------------------------------------------------- Part H_Exemptions ---------------------------------------------------------------------------------------------------------------- Section 111.81.................. Exemption Policy.. 01/08/82.......... 02/25/83, 48 FR Ref 08073. 52.2299(c)(50). Section 111.82.................. Requirements for 01/08/82.......... 02/25/83, 48 FR Ref Exemption. 08073. 52.2299(c)(50). Section 111.83.................. Extension of 01/08/82.......... 02/25/83, 48 FR Ref Exemption. 08073. 52.2299(c)(50). ---------------------------------------------------------------------------------------------------------------- Part I_Compliance ---------------------------------------------------------------------------------------------------------------- Section 111.92.................. Compliance Dates.. 01/08/82.......... 02/25/83, 48 FR Ref 08073. 52.2299(c)(50).No te: NOT in current State Regulation. ---------------------------------------------------------------------------------------------------------------- Chapter 112 (Reg 2)_Control of Air Pollution From Sulfur Compounds ---------------------------------------------------------------------------------------------------------------- Section 112.1................... Definitions....... 09/18/92.......... 08/30/93, 58 FR Ref 45456. 52.2299(c)(76). Section 112.2................... Compliance, 09/18/92.......... 08/30/93, 58 FR Ref Reporting, and 45456. 52.2299(c)(76). Recordkeeping. Section 112.3................... Net Ground Level 09/18/92.......... 08/30/93, 58 FR Ref Concentrations. 45456. 52.2299(c)(76). Section 112.4................... Net Ground Level 09/18/92.......... 08/30/93, 58 FR Ref Concentrations_Ex 45456. 52.2299(c)(76). emption Conditions. Section 112.5................... Allowable Emission 09/18/92.......... 08/30/93, 58 FR Ref Rates_Sulfuric 45456. 52.2299(c)(76). Acid Plant Burning Elemental Sulfur. Section 112.6................... Allowable Emission 09/18/92.......... 08/30/93, 58 FR Ref Rates_Sulfuric 45456. 52.2299(c)(76). Acid Plant. Section 112.7................... Allowable Emission 09/18/92.......... 08/30/93, 58 FR Ref Rates_Sulfur 45456. 52.2299(c)(76). Recovery Plant. Section 112.8................... Allowable 09/18/92.......... 02/18/97, 62 FR Ref Emissions Rates 07163. 52.2299(c)(101). from Solid Fossil Fuel-Fired Steam Generators. Section 112.9................... Allowable Emission 09/18/92.......... 08/30/93, 58 FR Ref Rates_Combustion 45456. 52.2299(c)(76). of Liquid Fuel. Section 112.14.................. Allowable Emission 09/18/92.......... 08/30/93, 58 FR Ref Rates_Nonferrous 45456. 52.2299(c)(76). Smelter Processes. Section 112.15.................. Temporary Fuel 09/18/92.......... 08/30/93, 58 FR Ref Shortage Plan 45456. 52.2299(c)(76). Filing Requirements. Section 112.16.................. Temporary Fuel 09/18/92.......... 08/30/93, 58 FR Ref Shortage Plan 45456. 52.2299(c)(76). Operating Requirements. Section 112.17.................. Temporary Fuel 09/18/92.......... 08/30/93, 58 FR Ref 52.2299(c)(76) Shortage Plan 45456. Notification Procedures. Section 112.18.................. Temporary Fuel 09/18/92.......... 08/30/93, 58 FR Ref 52.2299(c)(76) Shortage Plan 45456. Reporting Requirements. Section 112.19.................. Application for 09/18/92.......... 08/30/93, 58 FR Ref 52.2299(c)(76) Area Control Plan. 45456. Section 112.20.................. Exemption 09/18/92.......... 08/30/93, 58 FR Ref 52.2299(c)(76) Procedure. 45456. Section 112.21.................. Allowable Emission 09/18/92.......... 08/30/93, 58 FR Ref 52.2299(c)(76) Rates Under Area 45456. Control Plan. Section 112.41 to 112.47........ Control of 05/12/89.......... .................. NOT in SIP but is Sulfuric Acid. a part of the EPA approved Texas 111(d) Plan Section 112.51 to 112.59........ Control of Total 05/12/89.......... .................. NOT in SIP but is Reduced Sulfur a part of the EPA (TRS). approved Texas 111(d) Plan. ---------------------------------------------------------------------------------------------------------------- Chapter 113 (Reg 3)_Control of Air Pollution From Toxic Materials ---------------------------------------------------------------------------------------------------------------- Subchapter B_Lead from Stationary Sources Nonferrous Smelters in El Paso County ---------------------------------------------------------------------------------------------------------------- Section 113.31.................. Maintenance and 08/21/97.......... 10/23/98, 63 FR Ref Operation of 56083. 52.2299(c)(114). Control Equipment. Section 113.32.................. Areas Accessible 08/21/97.......... 10/23/98, 63 FR Ref to the General 56083. 52.2299(c)(114) Public. Section 113.33.................. Control of 08/21/97.......... 10/23/98, 63 FR Ref Fugitive Dust. 56083. 52.2299(c)(114). Section 113.34.................. Materials Handling 08/21/97.......... 10/23/98, 63 FR Ref and Transfer. 56083. 52.2299(c)(114). Section 113.35.................. Smelting of Lead.. 08/21/97.......... 10/23/98, 63 FR Ref 56083. 52.2299(c)(114). Section 113.36.................. Smelting of Copper 08/21/97.......... 10/23/98, 63 FR Ref and Zinc. 56083. 52.2299(c)(114). Section 113.37.................. Lead Emissions 08/21/97.......... 10/23/98, 63 FR Ref Limits for Stacks. 56083. 52.2299(c)(114). ---------------------------------------------------------------------------------------------------------------- Lead Smelters in Dallas County ---------------------------------------------------------------------------------------------------------------- Section 113.41.................. Maintenance and 08/21/97.......... 10/23/98, 63 FR Ref Operation of 56083. 52.2299(c)(114). Control Equipment. Section 113.42.................. Storage of Lead- 08/21/97.......... 10/23/98, 63 FR Ref Containing 56083. 52.2299(c)(114). Materials. Section 113.43.................. Transport of 08/21/97.......... 10/23/98, 63 FR Ref Materials. 56083. 52.2299(c)(114). Section 113.44.................. Fugitive Emissions 08/21/97.......... 10/23/98, 63 FR Ref from Lead 56083. 52.2299(c)(114). Processes. Section 113.45.................. Battery or Lead 08/21/97.......... 10/23/98, 63 FR Ref Reclaiming 56083. 52.2299(c)(114). Operations. Section 113.46.................. Lead Emission 08/21/97.......... 10/23/98, 63 FR Ref Limits for 56083. 52.2299(c)(114). Reverberatory Furnaces and Blast Furnaces. Section 113.47.................. Control of 08/21/97.......... 10/23/98, 63 FR Ref Fugitive Dust. 56083. 52.2299(c)(114). Section 113.48.................. Additional 08/21/97.......... 10/23/98, 63 FR Ref measures to 56083. 52.2299(c)(114). Reduce lead Emissions. ---------------------------------------------------------------------------------------------------------------- Compliance and Control Plan Requirements ---------------------------------------------------------------------------------------------------------------- Section 113.61.................. Compliance with 08/21/97.......... 10/23/98, 63 FR Ref Other Rules in El 56083. 52.2299(c)(114). Paso County. Section 113.62.................. Dates for Control 08/21/97.......... 10/23/98, 63 FR Ref Plan Submission 56083. 52.2299(c)(114). and for Final Compliance in El Paso County. Section 113.63.................. Control Plan 08/21/97.......... 10/23/98, 63 FR Ref Procedure in El 56083. 52.2299(c)(114). Paso County. Section 113.64.................. Reporting 08/21/97.......... 10/23/98, 63 FR Ref Procedure in El 56083. 52.2299(c)(114). Paso County. Section 113.65.................. Compliance with 08/21/97.......... 10/23/98, 63 FR Ref Other Rules in 56083. 52.2299(c)(114). Dallas County. Section 113.66.................. Dates for Control 08/21/97.......... 10/23/98, 63 FR Ref Plan Submission 56083. 52.2299(c)(114). and for Final Compliance in Dallas County. Section 113.67.................. Control Plan 08/21/97.......... 10/23/98, 63 FR Ref Procedure in 56083. 52.2299(c)(114). Dallas County. Section 113.68.................. Reporting 08/21/97.......... 10/23/98, 63 FR Ref Procedure in 56083. 52.2299(c)(114). Dallas County. ---------------------------------------------------------------------------------------------------------------- Chapter 114 (Reg 4)_Control of Air Pollution from Motor Vehicles --------------------------------- Subchapter A_Definitions --------------------------------- Section 114.1................... Definitions....... 08/16/99.......... 4/26/01, 66 FR New definitions 20931. added. Section 114.2................... Inspection and 04/19/00.......... 11/14/01, 66 FR Maintenance 57264. Definitions. Section 114.3................... Low Emission 07/29/98.......... 2/7/01, 66 FR 9205 Vehicle Fleet Definitions. Section 114.5................... Transportation 05/03/00.......... 12/5/02, 67 FR Planning 72382. Definition. Section 114.6................... Low Emission Fuel 03/09/05.......... 10/6/05, 70 FR Definitions. 58325. ---------------------------------------------------------------------------------------------------------------- Subchapter B: Vehicle Inspection and Maintenance --------------------------------- Section 114.50.................. Vehicle Emission 12/06/00.......... 11/14/01, 66 FR Subsection Inspection 57264. 114.50(b)(2) is Requirements. NOT part of the approved SIP. Section 114.51.................. Equipment 12/06/00.......... 11/14/01, 66 FR Evaluation 57264. Procedures for Vehicle Exhaust Gas Analyzers. Section 114.52.................. Waivers and 12/06/00.......... 11/14/01, 66 FR Extensions for 57264. Inspection Requirements.. Section 114.53.................. Inspection and 12/06/00.......... 11/14/01, 66 FR Maintenance Fees. 57264. ---------------------------------------------------------------------------------------------------------------- Subchapter C_Vehicle Inspection and Maintenance; Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program; and Early Action Compact Counties ---------------------------------------------------------------------------------------------------------------- Division 3: Early Action Compact Counties ---------------------------------------------------------------------------------------------------------------- Section 114.80.................. Applicability..... 11/17/04.......... 8/8/05, 70 FR .................. 45542. Section 114.81.................. Vehicle Emissions 11/17/04.......... 8/8/05, 70 FR .................. Inspection 45542. Requirements. Section 114.82.................. Control 11/17/04.......... 8/8/05, 70 FR Subsection Requirements. 45542. 114.82(b) is NOT part of the approved SIP. Section 114.83.................. Waivers and 11/17/04.......... 8/8/05, 70 FR .................. Extensions. 45542. Section 114.84.................. Prohibitions...... 11/17/04.......... 8/8/05, 70 FR .................. 45542. Section 114.85.................. Equipment 11/17/04.......... 8/8/05, 70 FR .................. Evaluation 45542. Procedures for Vehicle Exhaust Gas Analyzers. Section 114.86.................. Low Income Repair 11/17/04.......... 8/8/05, 70 FR .................. Assistance 45542. Program (LIRAP) for Participating Early Action Compact Counties. Section 114.87.................. Inspection and 11/17/04.......... 8/8/05, 70 FR .................. Maintenance Fees. 45542. ---------------------------------------------------------------------------------------------------------------- Subchapter E_Low Emission Vehicle Fleet Requirements ---------------------------------------------------------------------------------------------------------------- Section 114.150................. Requirements for 07/29/98.......... 2/7/01, 66 FR 9205 Mass Transit Authorities. Section 114.151................. Requirements for 07/29/98.......... 2/7/01, 66 FR 9205 Local Governments and Private Federal entities. Section 114.153................. Exceptions........ 07/29/98.......... 2/7/01, 66 FR 9205 Section 114.154................. Exceptions for 07/29/98.......... 2/7/01, 66 FR 9205 Certain Mass Transit Authorities. Section 114.155................. Reporting......... 07/29/98.......... 2/7/01, 66 FR 9205 Section 114.156................. Recordkeeping..... 07/29/98.......... 2/7/01, 66 FR 9205 Section 114.157................. Low Emission 07/29/98.......... 2/7/01, 66 FR 9205 Vehicle Fleet Program Compliance Credits. ---------------------------------------------------------------------------------------------------------------- Subchapter F_Vehicle Retirement and Mobile Emission Reduction Credits ---------------------------------------------------------------------------------------------------------------- Division 1: Mobile Emission Reduction Credits ---------------------------------------------------------------------------------------------------------------- Section 114.201................. Mobile Emission 07/29/98.......... 2/7/01, 66 FR 9205 Reduction Credit Program. Section 114.202................. Texas Mobile 07/29/98.......... 2/7/01, 66 FR 9205 Emission Reduction Credit Fund. ---------------------------------------------------------------------------------------------------------------- Subchapter G_Transportation Planning --------------------------------- Section 114.260................. Transportation 4/27/05........... 7/6/05, 70 FR .................. Conformity. 38776. Subchapter H_Low Emission Fuels --------------------------------- Division 1: Gasoline Volatility ---------------------------------------------------------------------------------------------------------------- Section 114.301................. Control 04/25/00.......... 4/26/01, 66 FR Part (c) is not Requirements for 20931. approved. Reid Vapor Pressure. Section 114.304................. Registration of 04/25/00.......... 4/26/01, 66 FR Gasoline 20931. Producers and Importers. Section 114.305................. Approved Test 04/25/00.......... 4/26/01, 66 FR Methods. 20931. Section 114.306................. Recordkeeping, 04/25/00.......... 4/26/01, 66 FR Reporting, and 20931. Certification Requirements. Section 114.307................. Exemptions........ 04/25/00.......... 4/26/01, 66 FR 20931. Section 114.309................. Affected Counties. 04/25/00.......... 4/26/01, 66 FR 20931. ---------------------------------------------------------------------------------------------------------------- Division 2: Low Emission Diesel ---------------------------------------------------------------------------------------------------------------- Section 114.312................. Low Emission 03/09/05.......... 10/6/05, 70 FR Diesel Standards. 58325. Section 114.313................. Designated 12/06/01.......... 11/14/01, 66 FR Alternate Limits. 57218. Section 114.314................. Registration of 03/09/05.......... 10/6/05, 70 FR Diesel Producers 58325. and Importers. Section 114.315................. Approved Test 03/09/05.......... 10/6/05, 70 FR EPA took no action Methods. 58325. on Section 114.315(b) and section 114.315(c)(4) (C)(ii)(V). Section 114.316................. Monitoring, 03/09/05.......... 10/6/05, 70 FR Recordkeeping, 58325. and Reporting Requirements. Section 114.317................. Exemptions to Low 12/06/00.......... 11/14/01, 66 FR Emission Diesel 57218. Requirements. Section 114.318................. Alternative 03/09/05.......... 10/6/05, 70 FR Emission 58325. Reduction Plan. Section 114.319................. Affected Counties 3/9/05............ 4/6/05, 70 FR and Compliance 17321. Dates. ---------------------------------------------------------------------------------------------------------------- Subchapter I_Non-Road Engines --------------------------------- Division 3_Non-Road Large Spark- Ignition Engines --------------------------------- Section 114.420................. Definitions....... 04/19/00.......... 11/14/01, 66 FR 57222. Section 114.421................. Emission 12/06/00.......... 11/14/01, 66 FR Specifications. 57222. Section 114.422................. Control 04/19/00.......... 11/14/01, 66 FR Requirements. 57222. Section 114.427................. Exemptions........ 04/19/00.......... 11/14/01, 66 FR 57222. Section 114.429................. Affected Counties 12/06/00.......... 11/14/01, 66 FR and Compliance 57222. Schedules. ---------------------------------------------------------------------------------------------------------------- Division 6: Lawn Service Equipment Operating Restrictions ---------------------------------------------------------------------------------------------------------------- Section 114.452................. Control 12/20/00.......... 11/14/01, 66 FR Requirements. 57229. Section 114.459................. Affected Counties 12/20/00.......... 11/14/01, 66 FR and Compliance 57229. Dates. ---------------------------------------------------------------------------------------------------------------- Subchapter J_Operational Controls for Motor Vehicles --------------------------------- Division 1: Motor Vehicle Idling Limitations --------------------------------- Section 114.500................. Definitions....... 12/20/00.......... 11/14/01, 66 FR 57229. Section 114.502................. Control 12/20/00.......... 11/14/01, 66 FR Requirements for 57229. Motor Vehicles. Section 114.507................. Exemptions........ 12/20/00.......... 11/14/01, 66 FR 57229. Section 114.509................. Affected Counties 12/20/00.......... 11/14/01, 66 FR and Compliance 57229. Dates. ---------------------------------------------------------------------------------------------------------------- Division 2: Locally Enforced Motor Vehicle Idling Limitations ---------------------------------------------------------------------------------------------------------------- Section 114.510................. Definitions....... 11/17/04.......... 4/11/05, 70 FR 18308. Section 114.511................. Applicability..... 11/17/04.......... 4/11/05, 70 FR 18308. Section 114.512................. Control 11/17/04.......... 4/11/05, 70 FR Requirements for 18308. Motor Vehicle Idling. Section 114.517................. Exemptions........ 11/17/04.......... 4/11/05, 70 FR 18308. ---------------------------------------------------------------------------------------------------------------- Subchapter K_Mobile Source Incentive Programs --------------------------------- Division 3: Diesel Emission Reduction Incentive Program for On-road and Non-road Vehicles --------------------------------- Section 114.620................. Definitions....... 01/28/04.......... 08/19/05, 70 FR 48647. Section 114.621................. Applicability..... 01/28/04.......... 08/19/05, 70 FR 48647. Section 114.622................. Incentive Program 01/28/04.......... 08/19/05, 70 FR Requirements. 48647. Section 114.623................. Small Business 01/28/04.......... 08/19/05, 70 FR Incentives. 48647. Section 114.626................. Monitoring, 08/22/01.......... 08/19/05, 70 FR Recordkeeping, 48647. and Reporting Requirements. Section 114.629................. Affected Counties 01/28/04.......... 08/19/05, 70 FR and 48647. Implementation Schedule. ---------------------------------------------------------------------------------------------------------------- Texas Department of Transportation Regulation_31 TAC Chapter 17_Vehicle Titles and Registration ---------------------------------------------------------------------------------------------------------------- Section 17.80................... Vehicle Emissions 11/09/93.......... 08/22/94, 59 FR Ref 52.2299 Verification 43046. (c)(87)(i)(F). System. ---------------------------------------------------------------------------------------------------------------- Chapter 115 (Reg 5)_Control of Air Pollution From Volatile Organic Compounds --------------------------------- Subchapter A_Definitions ---------------------------------------------------------------------------------------------------------------- Section 115.10.................. Definitions....... 04/13/05.......... 01/19/06, 71 FR 3009. ---------------------------------------------------------------------------------------------------------------- Subchapter B_General Volatile Organic Compound Sources ---------------------------------------------------------------------------------------------------------------- Section 115.112 to 115.119...... Storage of 05/08/92.......... 03/07/95, 60 FR Ref 52.2299 Volatile Organic 12438. (c)(88). Compounds. ---------------------------------------------------------------------------------------------------------------- Division 2: Vent Gas Control ---------------------------------------------------------------------------------------------------------------- Section 115.120................. Vent Gas 36865............. 07/16/01, 66 FR .................. Definitions. 36917. Section 115.121................. Emission 35549............. 01/26/99, 64 FR .................. Specifications. 03841. Section 115.122................. Control 36865............. 07/16/01, 66 FR .................. Requirements. 36918. Section 115.123................. Alternate Control 36214............. 04/26/00, 65 FR .................. Requirements. 18007. Section 115.125................. Testing 36865............. 07/16/01, 66 FR .................. Requirements. 36917. Section 115.126................. Monitoring and 36865............. 07/16/01, 66 FR .................. Recordkeeping 36917. Requirements. Section 115.127................. Exemptions........ 36865............. 07/16/01, 66 FR .................. 36917. Section 115.129................. Counties and 36865............. 07/16/01, 66 FR .................. Compliance 36918. Schedules. Section 115.131 to 115.139...... Water Separation.. 05/04/94.......... 05/22/97, 62 FR Ref 52.2299 27964. (c)(104). ---------------------------------------------------------------------------------------------------------------- Division 4: Industrial Wastewater ---------------------------------------------------------------------------------------------------------------- Section 115.140................. Industrial 10/27/99.......... 12/20/00.......... Wastewater Definitions. Section 115.142................. Control 10/27/99.......... 12/20/00.......... Requirements. Section 115.143................. Alternate Control 10/27/99.......... 12/20/00.......... Requirements. Section 115.144................. Inspection and 10/27/99.......... 12/20/00.......... Monitoring Requirements. Section 115.145................. Approved Test 10/27/99.......... 12/20/00.......... Methods. Section 115.146................. Recordkeeping 10/27/99.......... 12/20/00.......... Requirements. Section 115.147................. Exemptions........ 10/27/99.......... 12/20/00.......... Section 115.148................. Determination of 10/27/99.......... 12/20/00.......... Wastewater Characteristics. Section 115.149................. Counties and 10/27/99.......... 12/20/00.......... Compliance Schedule. Section 115.152 to 115.159...... Municipal Solid 05/04/94.......... 05/22/97, 62 FR Ref 52.2299 Waste Landfills. 27964. (c)(104). ---------------------------------------------------------------------------------------------------------------- Division 6: Batch Processes ---------------------------------------------------------------------------------------------------------------- Section 115.160................. Batch Process 36459............. 12/20/00, 65 FR .................. Definitions. 79749. Section 115.161................. Applicability..... 36865............. 07/16/01, 66 FR .................. 36917. Section 115.162................. Control 36865............. 07/16/01, 66 FR .................. Requirements. 36918. Section 115.163................. Alternate Control 10/27/99.......... 12/20/00.......... Requirements. Section 115.164................. Determination of 36865............. 07/16/01, 66 FR .................. Emissions and 36918. Flow Rates. Section 115.165................. Approved Test 36865............. 07/16/01, 66 FR .................. Methods and 36918. Testing Requirements. Section 115.166................. Monitoring and 36865............. 07/16/01, 66 FR .................. Recordkeeping 36918. Requirements. Section 115.167................. Exemptions........ 36865............. 07/16/01, 66 FR .................. 36918. Section 115.169................. Counties and 36865............. 07/16/01, 66 FR .................. Compliance 36918. Schedules. ---------------------------------------------------------------------------------------------------------------- Subchapter C_Volatile Organic Compound Transfer Operations ---------------------------------------------------------------------------------------------------------------- Division 1: Loading and Unloading of Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- Section 115.211................. Emission 12/13/02.......... 01/19/06, 71 FR Specifications. 3009. Section 115.212................. Control 12/06/00.......... 07/16/01, 66 FR Requirements. 36913. Section 115.213................. Alternate Control 06/30/99.......... 12/20/00, 65 FR Requirements. 79745. Section 115.214................. Inspection 04/26/02.......... 01/19/06, 71 FR Requirements. 3009. Section 115.215................. Approved Test 12/13/02.......... 01/19/06, 71 FR Methods.. 3009. Section 115.216................. Monitoring and 10/22/03.......... 01/19/06, 71 FR Record-keeping 3009. Requirements. Section 115.217................. Exemptions........ 10/22/03.......... 01/19/06, 71 FR 3009. Section 115.219................. Counties and 12/13/02.......... 01/19/06, 71 FR Compliance. 3009. Section 115.220*................ Filling of 03/30/79.......... 11/10/82, 47 FR Ref Gasoline Storage 50866. 52.2299(c)(48). Vessels (Stage I) The number 220* for Motor was created to Vehicles Fuel avoid duplicate Dispensing sections numbers Facilities in in the SIP. There Bexar County. is no section 115.220 in the current SIP approved codification. ---------------------------------------------------------------------------------------------------------------- Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities ---------------------------------------------------------------------------------------------------------------- Section 115.222................. Control 03/23/05.......... 01/19/06, 71 FR Requirements. 3009. Section 115.223................. Alternate Control 03/23/05.......... 01/19/06, 71 FR Requirements. 3009. Section 115.224................. Inspection 06/30/99.......... 12/20/00, 65 FR Requirements. 79745. Section 115.225................. Testing 06/30/99.......... 12/20/00, 65 FR Requirements. 79745. Section 115.226................. Recordkeeping 06/30/99.......... 12/20/00, 65 FR Requirements. 79745. Section 115.227................. Exemptions........ 11/17/04.......... 3/29/05, 70 FR 15769. Section 115.229................. Counties and 04/13/05.......... 01/19/06, 71 FR Compliance 3009. Schedule D. ---------------------------------------------------------------------------------------------------------------- Division 3: Control of Volatile Organic Leaks from Transport Vessels ---------------------------------------------------------------------------------------------------------------- Section 115.234................. Inspection 06/30/99.......... 12/20/00, 65 FR Requirements. 79745. Section 115.235................. Approved Test 06/30/99.......... 12/20/00, 65 FR Methods. 79745. Section 115.236................. Recordkeeping 06/30/99.......... 12/20/00, 65 FR Requirements. 79745. Section 115.237................. Exemptions........ 06/30/99.......... 12/20/00, 65 FR 79745. Section 115.239................. Counties and 1/28/03........... 3/29/05, 70 FR Compliance 15769. Schedules. ---------------------------------------------------------------------------------------------------------------- Division 4: Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities ---------------------------------------------------------------------------------------------------------------- Section 115.240................. Stage II Vapor 3/23/05........... 01/19/06, 71 FR Recovery 3009. Definitions and List of California Air Resources Board Certified Stage II Equipment. Section 115.241................. Emission 11/6/02........... 3/29/05, 70 FR Specifications. 15769. Section 115.242................. Control 03/23/05.......... 01/19/06, 71 FR Requirements. 3009. Section 115.243................. Alternate Control 03/23/05.......... 01/19/06, 71 FR Requirements. 3009. Section 115.244................. Inspection 11/6/02........... 3/29/05, 70 FR Requirements. 15769. Section 115.245................. Testing 03/23/05.......... 01/19/06, 71 FR Requirements. 3009. Section 115.246................. Recordkeeping 11/6/02........... 3/29/05, 70 FR Requirements. 15769. Section 115.247................. Exemptions........ 11/6/02........... 3/29/05, 70 FR 15769. Section 115.248................. Training 03/23/05.......... 01/19/06, 71 FR Requirements. 3009. Section 115.249................. Counties and 03/23/05.......... 01/19/06, 71 FR Compliance 3009. Schedules. Section 115.252 to 115.259...... Control of Reid 05/04/94.......... 05/22/97, 62 FR Ref Vapor Pressure of 27964. 52.2299(c)(104). Gasoline. ---------------------------------------------------------------------------------------------------------------- Subchapter D_Petroleum Refining and Petrochemical Processes ---------------------------------------------------------------------------------------------------------------- Section 115.311 to 115.319...... Process Unit 05/08/92.......... 03/07/95, 60 FR Ref Turnaround and 12438. 52.2299(c)(88). Vacuum-producing Systems in Petroleum Refineries. Section 115.322 to 115.329...... Fugitive Emission 05/08/92.......... 03/07/95, 60 FR Ref Control in 12438. 52.2299(c)(88). Petroleum Refineries. Section 115.332 to 115.339...... Fugitive Emission 05/08/92.......... 03/07/95, 60 FR Ref Control in 12438. 52.2299(c)(88). Synthetic Organic Chemical, Polymer, Resin, and Methyl Tert- Butyl Ether Manufacturing Processes. Section 115.342 to 115.349...... Fugitive Emission 05/08/92.......... 03/07/95, 60 FR Ref Control in 12438. 52.2299(c)(88). Natural Gas/ Gasoline Processing Operations. Section 115.352 to 115.359...... Fugitive Emission 05/04/94.......... 05/22/97, 62 FR Ref Control in 27964. 52.2299(c)(104). Petroleum Refining and Petrochemical Processes. ---------------------------------------------------------------------------------------------------------------- Subchapter E_Solvent-Using Processes ---------------------------------------------------------------------------------------------------------------- Division 1: Degreasing Processes ---------------------------------------------------------------------------------------------------------------- Section 115.412................. Control 11/17/04.......... 3/29/05, 70 FR Requirements. 15769. Section 115.413................. Alternate Control 11/17/04.......... 3/29/05, 70 FR Requirements. 15769. Section 115.415................. Testing 11/17/04.......... 3/29/05, 70 FR Requirements. 15769. Section 115.416................. Recordkeeping 11/17/04.......... 3/29/05, 70 FR Requirements. 15769. Section 115.417................. Exemptions........ 11/17/04.......... 3/29/05, 70 FR 15769. Section 115.419................. Counties and 11/17/04.......... 3/29/05, 70 FR Compliance 15769. Schedules. ---------------------------------------------------------------------------------------------------------------- Division 2: Surface Coating Processes ---------------------------------------------------------------------------------------------------------------- Section 115.420................. Surface Coating 12/13/02.......... 01/19/06, 71 FR Definitions. 3009. Section 115.421................. Emission 12/13/02.......... 01/19/06, 71 FR Specifications. 3009. Section 115.422................. Control 04/26/02.......... 01/19/06, 71 FR Requirements. 3009. Section 115.423................. Alternate Control 08/08/01.......... 01/19/06, 71 FR Requirements. 3009. Section 115.424................. Inspection 06/29/00.......... 10/30/01, 66 FR Requirements. 54688 Section 115.425................. Testing 06/29/00.......... 10/30/01, 65 FR Requirements. 54688 Section 115.426................. Monitoring and 08/08/01.......... 01/19/06, 71 FR Recordkeeping 3009. Requirements. Section 115.427................. Exemptions........ 12/31/02.......... 01/19/06, 71 FR 3009. Section 115.429................. Counties and 04/13/05.......... 01/19/06, 71 FR Compliance 3009. Schedules. ---------------------------------------------------------------------------------------------------------------- Division 3: Flexographic and Rotogravure Printing ---------------------------------------------------------------------------------------------------------------- Section 115.430................. Flexographic and 12/06/01.......... 07/16/01, 66 FR Rotogravure 36913. Printing Definitions. Section 115.432................. Control 08/08/01.......... 01/19/06, 71 FR Requirements. 3009. Section 115.433................. Alternate Control 08/08/01.......... 01/19/06, 71 FR Requirements. 3009. Section 115.435................. Testing 08/08/01.......... 01/19/06, 71 FR Requirements. 3009. Section 115.436................. Monitoring and 08/08/01.......... 01/19/06, 71 FR Record-keeping 3009. Requirements. Section 115.437................. Exemptions........ 02/14/96.......... 01/26/99, 64 FR 3841. Section 115.439................. Counties and 08/08/01.......... 01/19/06, 71 FR Compliance 3009. Schedules. ---------------------------------------------------------------------------------------------------------------- Division 4: Offset Lithographic Printing ---------------------------------------------------------------------------------------------------------------- Section 115.440................. Offset Printing 04/26/02.......... 01/19/06, 71 FR Definitions. 3009. Section 115.442................. Control 04/26/02.......... 01/19/06, 71 FR Requirements. 3009. Section 115.443................. Alternate Control 02/24/99.......... 04/06/00, 65 FR Requirements. 18003. Section 115.445................. Approved Test 04/26/02.......... 01/19/06, 71 FR Methods. 3009. Section 115.446................. Monitoring and 04/26/02.......... 01/19/06, 71 FR Record-keeping 3009. Requirements. Section 115.449................. Counties and 12/06/00.......... 07/16/01, 66 FR Compliance 36913. Schedules. ---------------------------------------------------------------------------------------------------------------- Subchapter F_Miscellaneous Industrial Sources ---------------------------------------------------------------------------------------------------------------- Division 1: Cutback Asphalt ---------------------------------------------------------------------------------------------------------------- Section 115.510................. Definitions....... 08/18/99.......... 12/22/99, 64 FR .................. 08/31/99.......... 71670. Section 115.512................. Control 11/17/04.......... 3/29/05, 70 FR .................. Requirements. 15769. Section 115.513................. Alternative 08/18/99.......... 12/22/99, 64 FR .................. Control 08/31/99.......... 71670. Requirements. Section 115.515................. Testing 08/18/99.......... 12/22/99, 64 FR .................. Requirements. 08/31/99.......... 71670. Section 115.516................. Recordkeeping 11/17/04.......... 3/29/05, 70 FR .................. Requirements. 15769. Section 115.517................. Exemptions........ 11/17/04.......... 3/29/05, 70 FR Ref 15769. 52.2299(c)(88). Section 115.519................. Counties and 11/17/04.......... 3/29/05, 70 FR Ref Compliance 15769. 52.2299(c)(88). Schedules. Section 115.531 to 115.539...... Pharmaceutical 05/04/94.......... 05/22/97, 62 FR Ref Manufacturing 27964. 52.2299(c)(104). Facilities. Section 115.541 to 115.549...... Degassing or 05/04/94.......... 05/22/97, 62 FR Ref Cleaning of 27964. 52.2299(c)(104). Stationary, Marine, and Transport Vessels. Section 115.552 to 115.559...... Petroleum Dry 05/04/94.......... 05/22/97, 62 FR Ref Cleaning Systems. 27964. 52.2299(c)(104). ---------------------------------------------------------------------------------------------------------------- Subchapter G_Consumer-Related Sources ---------------------------------------------------------------------------------------------------------------- Division 1: Automotive Windshield Washer Fluid ---------------------------------------------------------------------------------------------------------------- Section 115.600................. Consumer Products 01/28/04.......... 02/10/05, 70 FR Definitions. 7041. Section 115.610................. Applicability..... 01/28/04.......... 02/10/05, 70 FR 7041. Section 115.612................. Control 01/28/04.......... 02/10/05, 70 FR Requirements. 7041. Section 115.613................. Alternate Control 01/28/04.......... 02/10/05, 70 FR Requirements. 7041. Section 115.615................. Testing 01/28/04.......... 02/10/05, 70 FR Requirements. 7041. Section 115.616................. Recordkeeping and 01/28/04.......... 02/10/05, 70 FR Reporting 7041. Requirements. Section 115.617................. Exemptions........ 01/28/04.......... 02/10/05, 70 FR 7041. Section 115.619................. Counties and 01/28/04.......... 02/10/05, 70 FR Compliance 7041. Schedules. ---------------------------------------------------------------------------------------------------------------- Division 2: Portable Fuel Containers ---------------------------------------------------------------------------------------------------------------- Section 115.620................. Definitions....... 10/27/04.......... 02/10/05, 70 FR 7041. Section 115.621................. Applicability..... 10/27/04.......... 02/10/05, 70 FR 7041. Section 115.622................. Performance 10/27/04.......... 02/10/05, 70 FR Standards and 7041. Testing Requirements. Section 115.626................. Labeling.......... 10/27/04.......... 02/10/05, 70 FR 7041. Section 115.627................. Exemptions........ 10/27/04.......... 02/10/05, 70 FR 7041. Section 115.629................. Affected Counties 10/27/04.......... 02/10/05, 70 FR and Compliance 7041. Schedules. ---------------------------------------------------------------------------------------------------------------- Subchapter J_Administrative Provisions ---------------------------------------------------------------------------------------------------------------- Section 115.901 to 115.916...... Alternate Means of 07/13/94.......... 05/22/97, 62 FR Ref Control. 27964. 52.2299(c)(104). Section 115.920 to 115.923...... Early Reductions.. 07/13/94.......... 05/22/97, 62 FR Ref 27964. 52.2299(c)(104). Section 115.930 to 115.940...... Compliance and 11/10/93.......... 05/22/97, 62 FR Ref Control Plan 27964. 52.2299(c)(104). Requirements. Section 115.950................. Standard Permits.. 11/10/93.......... 05/22/97, 62 FR Ref 27964. 52.2299(c)(104). ---------------------------------------------------------------------------------------------------------------- Chapter 116 (Reg 6)_Control of Air Pollution by Permits for New Construction or Modification ---------------------------------------------------------------------------------------------------------------- Subchapter A_Definitions ---------------------------------------------------------------------------------------------------------------- Section 116.10.................. General 06/17/98.......... 09/18/02, 67 FR The SIP does not Definitions. 58709. include Sections 116.10(1), (2), (3), (4), (6), (8), (9), (10), and (14). Section 116.11.................. Compliance History 06/17/98.......... 09/18/02, 67 FR Definitions. 58709. Section 116.12.................. Nonattainment 10/01/01.......... 7/22/04, 69 FR Review 43752. Definitions. Section 116.14.................. Standard Permit 06/17/98.......... 11/14/03, 68 FR Definitions. 64548. ---------------------------------------------------------------------------------------------------------------- Subchapter B_New Source Review Permits Division 1_Permit Application ---------------------------------------------------------------------------------------------------------------- Section 116.110................. Applicability..... 08/09/00.......... 11/14/03, 68 FR The SIP does not 64548. include sections 116.110(a)(3), (a)(5), and (c). Section 116.111................. General 06/17/98.......... 09/18/02, 67 FR The SIP does not Application. 58709. include Section 116.111(2)(K). Section 116.112................. Distance 01/14/04.......... 12/07/05, 70 FR .................. Limitations. 72722 Section 116.114................. Application Review 06/17/98.......... 09/18/02, 67 FR Schedule. 58709. Section 116.115................. General and 11/20/02.......... 11/14/03, 68 FR The SIP does not Special 64548. include sections Conditions. 116.115(b)(2)(C)( iii) and (c)(2)(B)(ii)(I). Section 116.116................. Changes to 08/09/00.......... 11/14/03, 68 FR The SIP does not Facilities. 64548. include sections 116.116(b)(3), (b)(4), (e), and (f). ---------------------------------------------------------------------------------------------------------------- Division 2_Compliance History ---------------------------------------------------------------------------------------------------------------- Section 116.120................. Applicability..... 06/17/98.......... 09/18/02, 67 FR 58709. Section 116.121................. Exemptions........ 06/17/98.......... 09/18/02, 67 FR 58709. Section 116.122................. Contents of 06/17/98.......... 09/18/02, 67 FR Compliance 58709. History. Section 116.123................. Effective Dates... 06/17/98.......... 09/18/02, 67 FR 58709. Section 116.124................. Public Notice of 06/17/98.......... 09/18/02, 67 FR Compliance 58709. History. Section 116.125................. Preservation of 06/17/98.......... 09/18/02, 67 FR Existing Rights 58709. and Procedures. Section 116.126................. Voidance of Permit 06/17/98.......... 09/18/02, 67 FR Applications. 58709. ---------------------------------------------------------------------------------------------------------------- Division 3_Public Notice ---------------------------------------------------------------------------------------------------------------- Section 116.130................. Applicability..... 06/17/98.......... 09/18/02, 67 FR The SIP does not 58709. include Section 116.130(c). Section 116.131................. Public 06/17/98.......... 09/18/02, 67 FR Notification 58709. Requirements. Section 116.132................. Public Notice 06/17/98.......... 09/18/02, 67 FR The SIP does not Format. 58709. include Sections 116.132(c) and (d). Section 116.133................. Sign Posting 06/17/98.......... 09/18/02, 67 FR The SIP does not Requirements. 58709. include Sections 116.133(f) and (g). Section 116.134................. Notification of 06/17/98.......... 09/18/02, 67 FR Affected Agencies. 58709. Section 116.136................. Public Comment 08/16/93.......... 09/18/02, 67 FR Procedures. 58709. Section 116.137................. Notification of 06/17/98.......... 09/18/02, 67 FR Final Action by 58709. the Commission. ---------------------------------------------------------------------------------------------------------------- Division 4_Permit Fees ---------------------------------------------------------------------------------------------------------------- Section 116.140................. Applicability..... 06/17/98.......... 09/18/02, 67 FR 58709. Section 116.141................. Determination of 06/17/98.......... 09/18/02, 67 FR Fees. 58709 Section 116.143................. Payment of Fees... 06/17/98.......... 09/18/02, 67 FR 58709 ---------------------------------------------------------------------------------------------------------------- Division 5_Nonattainment Review ---------------------------------------------------------------------------------------------------------------- Section 116.150................. New Major Source 02/24/99.......... 07/17/00, 65 FR or Major 43986. Modification in Ozone Nonattainment Area. Section 116.151................. New Major Source 03/18/98.......... 07/17/00, 65 FR or Major 43986. Modification in Nonattainment Area Other than Ozone. ---------------------------------------------------------------------------------------------------------------- Division 6_Prevention of Significant Deterioration Review ---------------------------------------------------------------------------------------------------------------- Section 116.160................. Prevention of 10/10/01.......... 7/22/04, 69 FR Significant 43752. Deterioration Review Requirements. Section 116.161................. Source Located in 06/17/98.......... 09/18/02, 67 FR an Attainment 58709. Area with Greater than De Minimis Impact. Section 116.162................. Evaluation of Air 10/10/01.......... 7/22/04, 69 FR Quality Impacts. 43752. Section 116.163................. Prevention of 08/16/93.......... 08/19/97, 62 FR Significant 44083. Deterioration Permits Fees. ---------------------------------------------------------------------------------------------------------------- Division 7_Emission Reductions: Offsets ---------------------------------------------------------------------------------------------------------------- Section 116.170................. Applicability of 06/17/98.......... 09/18/02, 67 FR The SIP does not Reduction Credits. 58709. include Section 116.170(2). ---------------------------------------------------------------------------------------------------------------- Subchapter F_Standard Permits ---------------------------------------------------------------------------------------------------------------- Section 116.601................. Types of Standard 12/16/99.......... 11/14/03, 68 FR The SIP does not Permits. 64548. include section 116.601(a)(1). Section 116.602................. Issuance of 12/16/99.......... 11/14/03, 68 FR Standard Permits. 64548. Section 116.603................. Public 08/09/00.......... 11/14/03, 68 FR Participation in 64548. Issuance of Standard Permits. Section 116.604................. Duration and 12/16/99.......... 11/14/03, 68 FR Renewal of 64548. Registrations to Use Standard Permits. Section 116.605................. Standard Permit 12/16/99.......... 11/14/03, 68 FR Amendment and 64548. Revocation. Section 116.606................. Delegation........ 12/16/99.......... 11/14/03, 68 FR 64548. Section 116.610................. Applicability..... 12/16/99.......... 11/14/03, 68 FR The SIP does not 64548. include section 116.610(d). Section 116.611................. Registration to 11/20/02.......... 11/14/03, 68 FR Use a Standard 64548. Permit. Section 116.614................. Standard Permit 12/16/99.......... 11/14/03, 68 FR Fees. 64548. Section 116.615................. General Conditions 06/17/98.......... 11/14/03, 68 FR 64548. ---------------------------------------------------------------------------------------------------------------- Chapter 117 (Reg 7)_Control of Air Pollution From Nitrogen Compounds_Subchapter A ---------------------------------------------------------------------------------------------------------------- Section 117.10.................. Definitions....... 09/26/01.......... 11/14/01, 66 FR .................. 57244. ---------------------------------------------------------------------------------------------------------------- Subchapter B_Division 1_Utility Electric Generation in Ozone Nonattainment Areas ---------------------------------------------------------------------------------------------------------------- Section 117.101................. Applicability..... 09/26/01.......... 11/14/01, 66 FR .................. 57244. Section 117.103................. Exemptions........ 09/26/01.......... 11/14/01, 66 FR .................. 57244. Section 117.104................. Gas Fired Steam 04/19/00.......... 03/16/01, 66 FR For B/PA and D/FW Generation. 15199. nonattainment areas. Section 117.105................. Emission 09/26/01.......... 11/14/01, 66 FR .................. Specifications. 57244. Section 117.106................. Emission 09/26/01.......... 11/14/01, 66 FR .................. Specifications 57244. for Attainment Demonstrations. Section 117.107................. Alternative System- 09/26/01.......... 11/14/01, 66 FR .................. Wide Emission 57244. Specifications. Section 117.108................. System Cap........ 09/26/01.......... 11/14/01, 66 FR 57244. Section 117.110................. Change 09/26/01.......... 11/14/01, 66 FR New. Ownership_System 57244. Cap. Section 117.111................. Initial 09/26/01.......... 11/14/01, 66 FR .................. Demonstration of 57244. Compliance. Section 117.113................. Continuous 09/26/01.......... 11/14/01, 66 FR .................. Demonstration of 57244. Compliance. Section 117.114................. Emission Testing 09/26/01.......... 11/14/01, 66 FR New. and Monitoring 57244. for the Houston Galveston Attainment Demonstration. Section 117.115................. Final Control Plan 04/19/00.......... 03/16/01, 66 FR For B/PA and D/FW Procedures for 15199. nonattainment Reasonably areas. Available Control Technologies. Section 117.116................. Final Control Plan 09/26/01.......... 11/14/01, 66 FR .................. Procedures for 57244. Attainment Demonstration Emission Specifications. Section 117.117................. Revision of Final 04/19/00.......... 10/26/00, 65 FR Control Plan. 64154. Section 117.119................. Notification, 09/26/01.......... 11/14/01, 66 FR .................. Record keeping, 57244. and Reporting Requirements. Section 117.121................. Alternative Case 09/26/01.......... 11/14/01, 66 FR .................. Specific 57244. Specifications. ---------------------------------------------------------------------------------------------------------------- Division 2_Utility Electric Generation in East and Central Texas ---------------------------------------------------------------------------------------------------------------- Section 117.131................. Applicability..... 04/19/00.......... 03/16/01, 66 FR New, regional 15199. utility NOX rules. Section 117.133................. Exemptions........ 04/19/00.......... 03/16/01, 66 FR New, regional 15199. utility NOX rules. Section 117.134................. Gas-Fired Steam 04/19/00.......... 03/16/01, 66 FR New, regional Generation. 15200. utility NOX rules. Section 117.135................. Emission 04/19/00.......... 03/16/01, 66 FR New, regional Specification. 15200. utility NOX rules. Section 117.138................. System Cap........ 09/26/01.......... 11/14/01, 66 FR .................. 57244. Section 117.141................. Initial 04/19/00.......... 03/16/01, 66 FR New, regional Demonstration of 15200. utility NOX Compliance. rules. Section 117.143................. Continuous 04/19/00.......... 03/16/01, 66 FR New, regional Demonstration of 15200. utility NOX Compliance. rules. Section 117.145................. Final Control Plan 04/19/00.......... 03/16/01, 66 FR New, regional Procedures. 15200. utility NOX rules. Section 117.147................. Revision of Final 04/19/00.......... 03/16/01, 66 FR New, regional Control Plan. 15200. utility NOX rules. Section 117.149................. Notification, 04/19/00.......... 03/16/01, 66 FR New, regional Record keeping, 15200. utility NOX and Reporting rules. Requirements. ---------------------------------------------------------------------------------------------------------------- Division 3_Industrial, Commercial, and Institutional Combustion Sources in Ozone Nonattainment Areas ---------------------------------------------------------------------------------------------------------------- Section 117.201................. Applicability..... 09/26/01.......... 1/14/01, 66 FR .................. 57244. Section 117.203................. Exemptions........ 09/26/01.......... 11/14/01, 66 FR .................. 57244. Section 117.205................. Emission 09/26/01.......... 11/14/01, 66 FR .................. Specifications 57244. for Reasonably Available Control Technology (RACT). Section 117.206................. Emission 09/26/01.......... 11/14/01, 66 FR .................. Specifications 57244. for Attainment Demonstrations. Section 117.207................. Alternative Plant- 09/26/01.......... 11/14/01, 66 FR .................. Wide Emission 57244. Specifications. Section 117.208................. Operating 09/26/01.......... 11/14/01, 66 FR .................. Requirements. 57244. Section 117.209................. Initial Control 04/19/00.......... 10/26/00, 65 FR Plan Procedures. 64154. Section 117.210................. System Cap........ 09/26/01.......... 11/14/01, 66 FR New. 57244. Section 117.211................. Initial 09/26/01.......... 11/14/01, 66 FR .................. Demonstration of 57244. Compliance. Section 117.213................. Continuous 09/26/01.......... 11/14/01, 66 FR .................. Demonstration of 57244. Compliance. Section 117.214................. Emission Testing 09/26/01.......... 11/14/01, 66 FR New. and Monitoring 57244. for the Houston Galveston Attainment Demonstration. Section 117.215................. Final Control Plan 04/19/00.......... 10/26/00, 65 FR Procedures for 64154. Reasonably Available Control Technology. Section 117.216................. Final Control Plan 09/26/01.......... 11/14/01, 66 FR .................. Procedures for 57244. Attainment Demonstration Emission Specifications. Section 117.217................. Revision of Final 04/19/00.......... 10/26/00, 65 FR Control Plan. 64154. Section 117.219................. Notification, 09/26/01.......... 11/14/01, 66 FR .................. Recordkeeping, 57244. and Reporting Requirements. Section 117.221................. Alternative Case 09/26/01.......... 11/14/01, 66 FR .................. Specific 57244. Specifications. Section 117.223................. Source Cap........ 04/19/00.......... 03/16/01, 66 FR (b)(1)(B) requires 15200. EPA's approval. ---------------------------------------------------------------------------------------------------------------- Division 4_Cement Kilns ---------------------------------------------------------------------------------------------------------------- Section 117.260................. Cement Kiln 04/19/00, 03/05/03 03/26/04, 69 FR Definitions. 15686. Section 117.261................. Applicability..... 04/19/00.......... 03/26/04, 69 FR Also finalizes 65 15686. FR 64914 Section 117.265................. Emission 04/19/00, 03/05/03 03/26/04, 69 FR Specifications. 15686. Section 117.273................. Continuous 04/19/00.......... 03/26/04, 69 FR Also finalizes 65 Demonstration of 15686. FR 64914 Compliance. Section 117.279................. Notification, 04/19/00, 03/05/03 03/26/04, 69 FR Recordkeeping, 15686. and Reporting Requirements. Section 117.283................. Source Cap........ 04/19/00, 03/05/03 03/26/04, 69 FR 15686. ---------------------------------------------------------------------------------------------------------------- Subchapter C_Division 1_ADIPIC Acid Manufacturing ---------------------------------------------------------------------------------------------------------------- Section 117.301................. Applicability..... 05/11/1993........ 09/01/00, 65 FR Approved as RACT 53177. for the H/GA, B/ PA, 65 FR 11468. No major source in this category for the D/FW area. Section 117.305................. Emission 02/24/99.......... 09/01/00, 65 FR Approved as RACT Specifications. 53177. for the H/GA, B/ PA. No major source in this category for the D/FW area. Section 117.309................. Control Plan 05/11/1993........ 09/01/00, 65 FR Approved as RACT Procedures. 53177. for the H/GA, B/ PA, 65 FR 11468. No major source in this category for the D/FW area. Section 117.311................. Initial 02/24/99.......... 09/01/00, 65 FR Approved as RACT Demonstration of 53177. for the H/GA, B/ Compliance. PA, 65 FR 11468. No major source in this category for the D/FW area. Section 117.313................. Continuos 02/24/99.......... 09/01/00, 65 FR Approved as RACT Demonstration of 53177. for the H/GA, B/ Compliance. PA, 65 FR 11468. No major source in this category for the D/FW area. Section 117.319................. Notification, 02/24/99.......... 09/01/00, 65 FR Approved as RACT Recordkeeping, 53177. for the H/GA, B/ and Reporting PA, 65 FR 11468. Requirements. No major source in this category for the D/FW area. Section 117.321................. Alternative Case 02/24/99.......... 09/01/00, 65 FR Approved as RACT Specific 53177. for the H/GA, B/ Specifications. PA, 65 FR 11468. No major source in this category for the D/FW area. ---------------------------------------------------------------------------------------------------------------- Division 2_Nitric Acid Manufacturing, Ozone Nonattainment Areas ---------------------------------------------------------------------------------------------------------------- Section 117.401................. Applicability..... 05/11/1993........ 09/01/00, 65 FR Approved as RACT 53177. for the H/GA, B/ PA, 65 FR 11468. No major source in this category for the D/FW area. Section 117.405................. Emission 05/11/1993........ 09/01/00, 65 FR Approved as RACT Specifications. 53177. for the H/GA, B/ PA. No major source in this category for the D/FW area. Section 117.409................. Control Plan 05/20/98.......... 09/01/00, 65 FR Approved as RACT Procedures. 53177. for the H/GA, B/ PA, 65 FR 11468. No major source in this category for the D/FW area. Section 117.411................. Initial 05/25/1994........ 09/01/00, 65 FR Approved as RACT demonstration of 53177. for the H/GA, B/ Compliance. PA, 65 FR 11468. No major source in this category for the D/FW area. Section 117.413................. Continuous 05/25/1994........ 09/01/00, 65 FR Approved as RACT Demonstration of 53177. for the H/GA, B/ Compliance. PA, 65 FR 11468. No major source in this category for the D/FW area. Section 117.419................. Notification, 05/25/1994........ 09/01/00, 65 FR Approved as RACT Recordkeeping, 53177. for the H/GA, B/ and Reporting PA. No major Requirements. source in this category for the D/FW area. Section 117.421................. Alternative Case 05/25/1994........ 09/01/00, 65 FR Approved as RACT Specific 53177. for the H/GA, B/ Specifications. PA, 65 FR 11468. No major source in this category for the D/FW area. ---------------------------------------------------------------------------------------------------------------- Division 3_Nitric Acid Manufacturing, General ---------------------------------------------------------------------------------------------------------------- Section 117.451................. Applicability..... 05/20/98.......... 09/01/00, 65 FR Approved as RACT 53177. for the H/GA, B/ PA, 65 FR 11468. No major source in this category for the D/FW area. Section 117.455................. Emission 05/20/98.......... 09/01/00, 65 FR Approved as RACT Specifications. 53177. for the H/GA, B/ PA. No major source in this category for the D/FW area. Section 117.458................. Applicability of 05/11/1993........ 09/01/00, 65 FR Approved as RACT Federal New 53177. for the H/GA, B/ Source PA, 65 FR 11468. Performance No major source Standards. in this category for the D/FW area. ---------------------------------------------------------------------------------------------------------------- Subchapter D_Water Heaters, Small Boilers, and Process Heaters ---------------------------------------------------------------------------------------------------------------- Section 117.460................. Definitions....... 04/19/00.......... 10/26/00, 65 FR New, State-wide. 64155. Section 117.461................. Applicability..... 04/19/00.......... 10/26/00, 65 FR New, State-wide. 64155. Section 117.463................. Exemptions........ 04/19/00.......... 10/26/00, 65 FR New, State-wide. 64155. Section 117.465................. Emission 04/19/00.......... 10/26/00, 65 FR New, State-wide. Specifications. 64155. Section 117.467................. Certification 04/19/00.......... 10/26/00, 65 FR New, State-wide. Requirements. 64155. Section 117.469................. Notification and 04/19/00.......... 10/26/00, 65 FR New, State-wide. Labeling 64155. Requirements. Section 117.471................. Applicability..... 09/26/01.......... 11/14/01, 66 FR New. 57244. Section 117.473................. Exemptions........ 09/26/01.......... 11/14/01, 66 FR New. 57244. Section 117.475................. Emission 09/26/01.......... 11/14/01, 66 FR New. Specifications. 57244. Section 117.478................. Operating 09/26/01.......... 11/14/01.......... New. Requirements. Section 117.479................. Monitoring, 09/26/01.......... 11/14/01, 66 FR New. Recordkeeping, 57244. and Reporting Requirements. ---------------------------------------------------------------------------------------------------------------- Subchapter E_Administrative Provisions ---------------------------------------------------------------------------------------------------------------- Section 117.510................. Compliance 09/26/01.......... 11/14/01, 66 FR .................. Schedule for 57244. Utility Electric Generation in Ozone Nonattainment Areas. Section 117.512................. Compliance 04/19/00.......... 03/16/01, 66 FR New, regional Schedule for 15200. utility NOX Utility Electric rules. Generation in East and Central Texas. Section 117.520................. Compliance 09/26/01.......... 11/14/01, 66 FR .................. Schedule for 57244. Industrial, Commercial, and Institutional, Combustion Sources in ozone Nonattainment Areas. Section 117.524................. Compliance 04/19/00, 03/05/03 03/26/04, 69 FR Schedule for 15686. Cement Kilns. Section 117.530................. Compliance 05/20/98.......... 09/01/00, 65 FR Approved as RACT Schedule for 53177. for the H/GA, B/ Nitric Acid and PA. No major Adipic Acid source in this Manufacturing category for the Sources. D/FW area. Section 117.534................. Compliance 09/26/01.......... 11/14/01, 66 FR New. Schedule for 57244. Boilers, Process Heaters, Stationary Engines, and Gas Turbines at Minor Sources. Section 117.540................. Phased Reasonably 02/24/99.......... 09/01/00, 65 FR Approved as RACT Available Control 53177. for the H/GA, B/ Technology. PA, and D/FW areas. Section 117.560................. Recission......... 05/25/1994........ 09/01/00, 65 FR Approved as RACT 53177. for the H/GA, B/ PA, and D/FW areas. Section 117.570................. Use of Emissions 03/05/03.......... 03/26/04, 69 FR Credits for 15686. Compliance. ---------------------------------------------------------------------------------------------------------------- Chapter 118 (Reg 8)_Control Of Air Pollution Episodes ---------------------------------------------------------------------------------------------------------------- Section 118.1................... Generalized Air 03/05/00.......... 07/26/00 Pollution Episodes. Section 118.2................... Provisions 03/05/00.......... 07/26/00 Governing Generalized Episode Control. Section 118.3................... Localized Air 03/05/00.......... 07/26/00 Pollution Episodes. Section 118.4................... Hearings.......... 03/05/00.......... 07/26/00 Section 118.5................... Emission Reduction 03/05/00.......... 07/26/00 Plan. Section 118.6................... Texas Air 03/05/00.......... 07/26/00.......... Pollution Episode Contingency Plan and Emergency Management Center. ---------------------------------------------------------------------------------------------------------------- Chapter 122_Federal Operating Permits Program ---------------------------------------------------------------------------------------------------------------- Subchapter B_Permit Requirements ---------------------------------------------------------------------------------------------------------------- Division 2_Applicability ---------------------------------------------------------------------------------------------------------------- Section 122.122................. Potential to Emit. 11/20/02.......... 11/14/03, 68 FR 64548. ---------------------------------------------------------------------------------------------------------------- (d) EPA-Approved State Source-Specific Requirements. EPA-Approved Texas Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- Permit or Order State Effective Name of Source Number Date EPA Approval Date Comments ---------------------------------------------------------------------------------------------------------------- Alcoa Inc., Rockdale, Milam Agreed Order No. 04/19/2000........ 10/26/00, 65 FR H/GA, D/FW, and B/ County, Texas. 2000-0032-SIP. 64155. PA, Texas 1-hour ozone standard attainment demonstrations. Eastman Chemical Company, Texas Agreed Order No. 04/19/2000........ 10/26/00, 65 FR H/GA, D/FW, and B/ Operations, Longview, Harrison 2000-0033-SIP. 64156. PA, Texas 1-hour County, Texas. ozone standard attainment demonstrations. Gould National Battery, Order Nos. 92- 9/3/92, 6/2/93, 7/ 11/29/94, 11/29/ 92-09(k) and 93-12 Incorporated. 09(k), 93-12, 99- 8/99, 94, October 13, were incorporated 0351-SIP. respectively. 1999, by reference in respectively. our approval of the lead SIP on 11/29/94, (59 FR 60905). Continental Airlines at George Agreed Order No. 10/18/00.......... 11/14/2001, 66 FR HGA, Texas 1-hour Bush Intercontinental Airport, 2000-0826-SIP. 57222. ozone standard Houston, Texas. attainment demonstrations. Southwest Airlines at William Agreed Order No. 12/06/00.......... 11/14/2001, 66 FR HGA, Texas 1-hour Hobby Airport, Houston, Texas. 2000-0827-SIP. 57222. ozone standard attainment demonstrations. American Airlines, American Agreed Order No. 5/23/2001......... 4/22/2002, 67 FR DFW, Texas 1-hour Eagle Airlines at D/FW 2000-1149-SIP. 19516. ozone standard International airport, Texas. attainment demonstrations. Delta Airlines at D/FW Agreed Order No. 5/23/2001......... 4/22/2002, 67 FR DFW, Texas 1-hour International Airport, Texas. 2001-0221-AIR. 19516. ozone standard attainment demonstrations. Southwest Airlines at Love Agreed Order No. 5/23/2001......... 4/22/2002, 67 FR DFW, Texas 1-hour Field, Texas. 2001-0222-AIR. 19516. ozone standard attainment demonstrations. ExxonMobil Oil Corporation, Agreed Order No. 12/15/2004........ 4/12/2005, 70 FR Jefferson County, Texas. 2004-0846-SIP. 18995. Huntsman Petrochemical Agreed Order No. 12/15/2004........ 4/12/2005, 70 FR Corporation, Port Neches Plant, 2004-0882-SIP. 18995. Jefferson County, Texas. Huntsman Petrochemical Agreed Order No. 12/15/2004........ 4/12/2005, 70 FR Corporation, Port Arthur Plant, 2004-0845-SIP. 18995. Jefferson County, Texas. ISP Elastomers, Jefferson Agreed Order No. 12/15/2004........ 4/12/2005, 70 FR County, Texas. 2004-0842-SIP. 18995. Mobil Chemical Company, Division Agreed Order No. 12/15/2004........ 4/12/2005, 70 FR of ExxonMobil Oil Corporation, 2004-0841-SIP. 18995. Jefferson County, Texas. Motiva Enterprises LLC, Agreed Order No. 12/15/2004........ 4/12/2005, 70 FR Jefferson County, Texas. 2004-0843-SIP. 18995. Premcor Refining Group, Inc., Agreed Order No. 12/15/2004........ 4/12/2005, 70 FR Jefferson County, Texas. 2004-0844-SIP. 18995. Mobil Chemical Company, Division Agreed Order No. 12/15/2004........ 4/12/2005, 70 FR of ExxonMobil Oil Corporation, 2004-1654-SIP. 18995. Jefferson County, Texas. American Electric Power Knox Lee 2001-0878-RUL..... 03/13/02.......... 8/19/05, 70 FR Plant (Gregg Co.), Pirkey Plant 48642. (Harrison Co.), Wilkes Plant (Cass Co.). Texas Utilities Martin Lake 2001-0879-RUL..... 03/13/02.......... 8/19/05, 70 FR plant (Rusk Co.), Monticello 48642. plant (Titus Co.). Eastman Chemical Company 2001-0880-RUL..... 03/13/02.......... 8/19/05, 70 FR Longview plant (Harrison Co.). 48642. ---------------------------------------------------------------------------------------------------------------- (e) EPA approved nonregulatory provisions and quasi-regulatory measures. EPA Approved Statutes in the Texas SIP ---------------------------------------------------------------------------------------------------------------- State approval/ Title/Subject submittal date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- Texas Clean Air Act (Article 4477-5), 01/28/72............... 05/31/72, 37 FR 10895.. As amended by S.B. 48 Vernon's Texas Civil Statutes. of 1969. Article 698d Air Pollution, Penal 01/28/72............... 05/31/72, 37 FR 10895.. As amended by S.B. No. Code of Texas, 1925. 5 of 1969. House Bill 322....................... 01/28/72............... 05/31/72, 37 FR 10895.. As passed by the 62nd Legislature of Texas, amending the Texas Clean Act regarding permits for construction or modification of facilities. Texas Clean Air (Tex. Rev. Civ. Stat. 07/23/81............... 12/15/81, 46 FR 61125.. Ref 52.2299(c)(29). Ann. Art. 4477-5) as amended June 13, 1979. Air Pollution (Tex. Rev. Civ. Stat. 07/23/81............... 12/15/81, 46 FR 61125.. Ref 52.2299(c)(29). Ann. Art. 4477-5b) as amended January 1, 1974. Texas Administrative Procedure and 07/23/81............... 12/15/81, 46 FR 61125.. Ref 52.2299(c)(29). Texas Register Act. (Tex. Rev. Civ. Stat. Ann. Art. 6252- 07/23/81............... 12/15/81, 46 FR 61125.. Ref 52.2299(c)(29). 13a) effective January 1, 1976. Texas Open Record Act (Tex. Rev. Civ. 07/23/81............... 12/15/81, 46 FR 61125.. Ref 52.2299(c)(29). Stat. Ann. Art. 6252-17a) as amended May 27, 1975. Standards of Conduct of State 07/23/81............... 12/15/81, 46 FR 61125.. Ref 52.2299(c)(29). Officers and Employees (Tex. Rev. Civ. Stat. Ann. Art. 6252-9b) effective January 1, 1974. Department of Public Safety and Texas 11/9/84................ 06/26/85, 50 FR 26362.. Ref 52.2299(c)(61). Air Control Board Rules and Regulations, Texas Vehicle Inspection Act Article XV. ---------------------------------------------------------------------------------------------------------------- Documentation to Authorize and Support the Implementation and Enforcement of the Texas Vehicle parameter Inspection and Maintenance Program, Appendix X, containing the following documents: ---------------------------------------------------------------------------------------------------------------- A. Senate Bill 1205.................. 11/9/84................ 06/26/85, 50 FR 26362.. Ref 52.2299(c)(61). B. Letters of Commitment from Texas 11/9/84................ 06/26/85, 50 FR 26362.. Ref 52.2299(c)(61). Department of Public Safety City of Houston Police Department and Harris County Sheriff. C. Parameter Vehicle Emission 11/9/84................ 06/26/85, 50 FR 26362.. Ref 52.2299(c)(61). Inspection and Maintenance Rules and Regulations for Official Vehicle Inspection Stations and Certified Inspectors, July 1, 1984. Texas Motor Vehicle Laws, 1981- 11/9/84................ 06/26/85, 50 FR 26362.. Ref 52.2299(c)(61). 1982_Rules and Regulations for Official Vehicle Inspection Stations and Certified Inspectors, November 11, 1983, Sections A,B,C, pages C-1, C-16, C-17, C-18, C-26, C-27, and C- 28, D, and E pages E-1, E-6, E-7, E- 8, and E-9. VIMTCM, Appendix AJ, Excerpted Senate 09/30/85 and 12/21/87.. 02/09/89, 54 FR 06287.. Ref 52.2299(c)(66). Bill 725, section 35(d) and (g) effective September 1, 1985; and House Bill 1593 sections 21 and 22 effective June 18, 1987. Texas Clean Air Act (TCAA), Texas 11/13/92............... 08/19/94, 59 FR 42759.. Ref 52.2299(c)(85). Health and Safety Code Ann. (Vernon 1992), Section 382.0365, ``Small Business Stationary Source Assistance Program'', enacted by the Texas 1991 legislative session and effective September 1, 1991. Legal opinion letter dated October 11/13/92............... 08/19/94, 59 FR 42759.. Ref 52.2299(c)(85). 15, 1992 from Kirk P. Watson, Chairman, TACB, to Mr. B.J. Wynne, III, Regional Administrator, EPA Region 6, regarding the composition of the Small Business Compliance Advisory Panel of Texas. ---------------------------------------------------------------------------------------------------------------- House Bill 1969, an act relating to motor vehicle registration, inspections, and providing penalties amending: ---------------------------------------------------------------------------------------------------------------- (1) Sections 382.037 and 382.038 of 11/12/93 and 03/09/94.. 08/22/94, 59 FR 43046.. Ref 52.2299(c)(87). the Texas Health and Safety Code; (2) Section 2 Chapter 88, General 11/12/93 and 03/09/94.. 08/22/94, 59 FR 43046.. Ref 52.2299(c)(87). Laws, Acts of the 41st legislature, 2nd called session, 1929 (Article 6675a-2, Vernon's Texas Civil Statutes); (3) Title 116, Article 6675b-4, 6675b- 11/12/93 and 03/09/94.. 08/22/94, 59 FR 43046.. Ref 52.2299(c)(87). 4A, and 6675b-4B; (4) Section 141(d), and section 11/12/93 and 03/09/94.. 08/22/94, 59 FR 43046.. Ref 52.2299(c)(87). 142(h), Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Civil Statutes); (5) Section 4.202, County Road and 11/12/93 and 03/09/94.. 08/22/94, 59 FR 43046.. Ref 52.2299(c)(87). Bridge Act (Article 6702-1, Vernon's Texas Civil Statutes). Signed by the Governor on 01/08/93, effective 08/ 30/93. Texas Health and Safety Code (Vernon 11/12/93 and 03/09/94.. 08/22/94, 59 FR 43046.. Ref 52.2299(c)(87). 1990), the Texas Clean Air Act, sections 382.017, 382.037, 382.038, effective September 1, 1991. Order No. 93-23, as adopted November 11/12/93 and 03/09/94.. 08/22/94, 59 FR 43046.. Ref 52.2299(c)(87). 10, 1993, and Order No. 94-02 as adopted February 16, 1994. Texas Civil Statutes, Articles 6675a- 11/12/93 and 03/09/94.. 08/22/94, 59 FR 43046.. Ref 52.2299(c)(87). 1 to 6675b-2 and 6687-1. (Vernon 1993). ---------------------------------------------------------------------------------------------------------------- EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP ---------------------------------------------------------------------------------------------------------------- Applicable Name of SIP provision geographic or State submittal/ EPA approval date Comments nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- Public Hearings................. Statewide......... 02/08/72.......... 05/31/72, 37 FR Ref 52.2299(c)(1). 10895. HydroCarbon Emission Data....... Statewide......... 05/02/72.......... 05/31/72, 37 FR Ref 52.2299(c)(2). 10895. Source Surveillance............. Statewide......... 05/03/72.......... 05/31/72, 37 FR Ref 52.2299(c)(2). 10895. Minor Revisions................. Statewide......... 07/31/72.......... 10/28/72, 37 FR Ref 52.2299(c)(4). 23092. Attainment Date Corrections..... Statewide......... 11/10/72.......... 02/08/73, 38 FR Ref 52.2299(c)(6). 03600. Classification Revisions for PM, Statewide......... 03/21/75.......... 04/18/77, 42 FR Ref 52.2299(c)(9). SOx, and CO. 20131. Administrative Revisions........ Statewide......... .................. 04/20/77, 42 FR Ref 20463. 52.2299(c)(11). Air Quality Surveillance Plan... Statewide......... 08/02/76.......... 04/18/77, 42 FR Ref 20131. 52.2299(c)(12). Air Quality Surveillance Plan... Statewide......... 08/12/77.......... 03/07/78, 43 FR Ref 09276. 52.2299(c)(13). Administrative Revisions to Statewide......... .................. 07/06/77, 42 FR Ref Section X. 34518. 52.2299(c)(14). Administrative Revisions to Statewide......... 08/14/78.......... 04/11/79, 44 FR Ref Section IX. 21644. 52.2299(c)(16). Board Order No. 78-6............ Corpus Christi, TX 07/24/78.......... 09/24/79, 44 FR Ref 52.2299(c)(17) 55005. (see 52.2275) Draft inspection/mainte- nance Harris County..... 04/13/79.......... 12/18/79, 44 FR Ref legislation and study schedule. 74831. 52.2299(c)(18). Adopted inspection/maintenance Harris County..... 08/09/79.......... 12/19/79, 44 FR Ref legislation and administrative 74831. 52.2299(c)(19). revisions. Plan Revisions (Part D Statewide......... 04/13/79.......... 03/25/80, 45 FR Ref requirements). 19244. 52.2299(c)(20). Administrative Revisions to Statewide......... 08/09/79.......... 03/25/80, 45 FR Ref Transportation Control. 19244. 52.2299(c)(21). Transportation Control Measures Harris County..... 12/28/79.......... 08/06/80, 45 FR Ref for Harris County. 52148. 52.2299(c)(24). Board Order No. 78-8............ General Portland, 09/13/78.......... 08/28/81, 46 FR Ref Inc., New 43425. 52.2299(c)(26). Braunfels, Comal (See 52.2276). County, TX. Administrative Revision to Statewide......... 07/23/81.......... 11/13/81, 46 FR Ref Section I. 55970. 52.2299(c)(28). Administrative Revision to Statewide......... 07/23/81.......... 12/15/81, 46 FR Ref Section V. 61125. 52.2299(c)(29). Plan Revisions for Statewide......... 04/13/79.......... 03/29/82, 47 FR Ref Intergovernmental Consultation 13143. 52.2299(c)(32). and Composition. Texas Lead SIP and Board Order Statewide 06/12/80.......... 10/04/83, 48 FR Ref No. 82-11. excluding Dallas 45248. 52.2299(c)(41). and El Paso areas. Texas Air Pollution Emergency Statewide......... 05/18/82.......... 10/07/82, 47 FR Ref Episode Contingency Plan. 44261. 52.2299(c)(42). Administrative Revision to Statewide......... 07/06/82.......... 10/25/82, 47 FR Ref Section XII. 47247. 52.2299(c)(47). Administrative Revision to N/A............... 08/17/82.......... 03/31/83, 48 FR Ref Section III. 13428. 52.2299(c)(51). Administrative Revision to Statewide......... 06/22/83.......... 11/07/83, 48 FR Ref Section IX. 51153. 52.2299(c)(52). Lead Plan for Dallas County, TX. Dallas County, TX. 04/6/84........... 08/15/84, 49 FR Ref 32580. 52.2299(c)(54). Revisions to Lead Plan for Dallas County, TX. 07/16/84.......... 08/15/84, 49 FR Ref Dallas County, TX. 32580. 52.2299(c)(55). Lead Plan for El Paso County.... El Paso County, TX 06/20/84.......... 08/13/84, 49 FR Ref 32190. 52.2299(c)(56). Alternative Emission Control Baytown, TX....... 03/18/83.......... 07/10/85, 50 FR Ref 52.2299(c)(60) Plan for Exxon Baytown Refinery. 26992. (Board Order No. 83-2). Plan for Ozone Attainment in Harris County, TX. 12/09/82, 01/03/ 06/26/85, 50 FR Ref Harris County. 84, 03/18/85. 26362. 52.2299(c)(61). Alternative Emission Reduction Gregg County, 07/25/85.......... 05/05/89, 54 FR Ref Plan for Continental Can (Longview), TX. 19373. 52.2299(c)(64). Company, Longview, TX. Revision to Lead Plan for El El Paso County, TX 10/26/87.......... 05/06/88, 53 FR Ref Paso County and Board Order No. 16263. 52.2299(c)(65). 87-14. Ozone Attainment Plan for Dallas Dallas and Tarrant 09/30/85 and 12/21/ 02/09/89, 54 FR Ref and Tarrant Counties. Counties, TX. 87. 06287. 52.2299(c)(66). Vehicle Inspection and Dallas and Tarrant 08/28/85.......... 02/09/89, 54 FR Ref Maintenance and Transportation Counties, TX. 06287. 52.2299(c)(66). Control Measures (VIMTCM), Appendix AG. VIMTCM, Appendix AK, Portions 1 Dallas and Tarrant 12/18/87.......... 02/09/89, 54 FR Ref through 6. Counties, TX. 06287. 52.2299(c)(66). VIMTCM, Appendix AM, Sections 1, Dallas and Tarrant 12/18/87.......... 02/09/89, 54 FR Ref 2, and 3. Counties, TX. 06287. 52.2299(c)(66). VIMTCM, Appendix AN............. Dallas and Tarrant 12/18/87.......... 02/09/89, 54 FR Ref Counties, TX. 06287. 52.2299(c)(66). Part II of the Visibility Big Bend and 09/18/87.......... 02/23/89, 54 FR Ref Protection Plan and Board Order Guadalupe 07770. 52.2299(c)(67). No. 87-15. Mountain National Parks. Alternative Emission Reduction Orange County, TX. 03/12/82.......... 04/13/90.......... Ref Plan (Bubble) for E.I. DuPont 52.2299(c)(70). de Nemours & Company's Sabine River Works, Orange, TX. Revisions to Texas Air Pollution Statewide......... 10/02/87.......... 09/06/90, 55 FR Ref Episode Contingency Plan. 36634. 52.2299(c)(71). Revisions to Ozone Attainment Dallas and Tarrant 03/05/90.......... 08/03/90, 55 FR Ref Plan for Dallas and Tarrant Counties, TX. 31587. 52.2299(c)(72). Counties. Revisions for Prevention of Statewide......... 12/11/85, 10/26/ 06/24/92, 57 FR Ref Significant Deterioration and 87, 09/29/88. 28098. 52.2299(c)(73). Board Orders No. 85-07, 87-09, and 88-08. Board Order No. 90-07........... Tarrant County.... 06/22/90.......... 10/12/90, 55 FR Ref 41525. 52.2299(c)(74). Board Order No. 92-19........... Statewide......... 09/18/92.......... 08/30/93, 58 FR Ref 45457. 52.2299(c)(76). Revision for Prevention of Statewide......... 12/14/90.......... 09/09/94, 59 FR Ref Significant Deterioration and 46557. 52.2299(c)(78). Board Order No. 90-13. Revision addressing PM-10 El Paso, TX....... 11/05/91.......... 01/18/94, 59 FR Ref nonattainment area requirements 02535. 52.2299(c)(79). for El Paso and Board Orders 89- 03 and 91-15. City of El Paso, TX, Ordinance, El Paso, TX....... 12/11/90.......... 01/18/94, 59 FR Ref Title 9. 02535. 52.2299(c)(79). Board Order No. 92-16........... Ozone 10/16/92.......... 04/15/94, 59 FR Ref nonattainment 17943. 52.2299(c)(81). areas. Board Order No. 92-20........... Ozone 08/20/92.......... 08/26/94, 59 FR Ref nonattainment 44039. 52.2299(c)(82). areas. Revision for the El Paso CO El Paso County, TX 09/18/92.......... 09/12/94, 59 FR Ref nonattainment area and Board 46766. 52.2299(c)(84). Order No. 92-15. Small Business Stationary Source Statewide......... 11/13/92.......... 08/19/94, 59 FR Ref Technical and Environmental 42759. 52.2299(c)(85). Compliance Assistance Program. Board Order No. 92-22........... Statewide......... 11/06/92.......... 08/19/94, 59 FR Ref 42759. 52.2299(c)(85). Board Order No. 92-04........... N/A............... 05/08/92.......... 03/07/95, 60 FR Ref 12438. 52.2299(c)(88). Board Order No. 92-16........... N/A............... 10/16/92.......... 03/07/95, 60 FR Ref 12438. 52.2299(c)(88). Revision to Modify SLAMS and Statewide......... 11/10/93.......... 10/04/94, 59 FR Ref NAMS Monitoring Systems and 50504. 52.2299(c)(90). Board Order No. 93-24. Employer Trip Reduction Program Brazoria, 11/13/92.......... 03/07/95, 60 FR Ref and Board Order No. 92-14. Chambers, Fort 12442. 52.2299(c)(91). Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties. Revision limiting SO2 by agreed Certain 08/03/94.......... 03/06/95, 60 FR Ref orders 94-09 through 94-22. Nonpermitted 12125. 52.2299(c)(93). facilities in Harris County. Revision addressing visible Statewide......... 08/21/89, 01/29/ 05/08/96, 61 FR Ref emissions with Board Orders 89- 91, 10/15/92, and 20732. 52.2299(c)(94). 03, 90-12, 92-19, and 93-06. 08/04/93. Alternative Emission Reduction Deer Park, TX..... 07/26/93.......... 06/19/95, 60 FR Ref (Bubble) for Shell Oil 31915. 52.2299(c)(95). Company's Deer Park manufacturing complex. Transportation Conformity and Areas designated 10/12/94.......... 11/08/95, 60 FR Ref Board Order No. 94-40. nonattainment and 56244. 52.2299(c)(96). areas subject to a maintenance plan. Revision to Permitting Statewide......... 07/26/85, 07/17/ 09/27/95, 60 FR Ref Regulations and Board Orders 87, 12/18/87, 07/ 49781. 52.2299(c)(97). No. 85-07, 87-09, 87-17, 88-08, 15/88, 08/11/89, 89-06, 90-05, 91-10, 92-06, 92- 05/18/90, 09/20/ 18, and 93-17. 91, 05/08/92, 10/ 16/92, 08/16/93. Alternate Control Strategy for Ft Worth, TX, 04/18/96.......... 05/30/97, 62 FR Ref Bell Helicopter Textron, Inc.. Plant 1 facility. 29297. 52.2299(c)(100). Revisions to the Plan concerning Rockdale, TX...... 10/15/92 and 09/20/ 09/30/97, 61 FR Ref Sulfur Dioxide in Milam County. 95. 49685. 52.2299(c)(101). TNRCC Order No. 93-20, 94-06, 94- The four ozone 11/10/93, 05/04/ 05/22/97, 62 FR Ref 26, 94-0676-SIP. nonattainment 94, 07/13/94, 11/ 27964. 52.2299(c)(104). areas in TX. 09/94. 15% ROP Plan.................... Beaumont/Port 08/09/96.......... 02/10/98, 63 FR Ref Arthur ozone 6659. 52.2299(c)(107). nonattainment area. 15% ROP Plan.................... Dallas/Ft Worth, 08/09/96.......... 11/10/98, 63 FR Ref El Paso, and 62943. 52.2299(c)(113) Houston/Galveston See also 52.2309. ozone nonattainment areas. Lead Maintenance Plan for Gould Collin County..... 08/31/99.......... 10/13/99, 64 FR Ref. 59 FR 60905 National Battery, Incorporated. 55425. (11/29/94). Post 96 Rate of Progress Plan... Houston, Texas.... 5/19/98........... 4/25/01 66 FR Originally 20750. submitted 11/9/94 and revised 8/9/ 96. Contingency Measures............ Houston, Texas.... 5/19/98........... 4/25/01 66 FR Originally 20751. submitted 11/9/94 and revised 8/9/ 96. Post 96 Rate of Progress Plan... Houston, Texas.... 5/19/98........... 4/25/01 66 FR Originally 20750. submitted 11/9/94 and revised 8/9/ 96. Contingency Measures............ Houston, Texas.... 5/19/98........... 4/25/01 66 FR Originally 20751. submitted 11/9/94 and revised 8/9/ 96. Attainment Demonstration for the Houston/Galveston, \1\ 12/09/00...... 11/14/01, 66 FR 1-hour Ozone NAAQS. TX. 57195. Speed Limit Reduction........... Houston/Galveston, 9/26/02........... 11/14/02, 67 FR Section 6.3.12 TX. 68944. Voluntary Mobile Emissions Houston/Galveston, 9/26/02........... 11/14/02, 67 FR Program. TX. 68944. Texas Senate Bill 5............. Houston/Galveston, 9/26/00........... 11/14/01, 66 FR TX. 57195. Transportation Control Measures Houston/Galveston, 12/09/00.......... 11/14/01, 66 FR Appendix I. TX. 57195. Commitment to Mid-course review. Houston/Galveston, 4/19/01........... 11/14/01, 66 FR TX. 57195. Table 7.1-1 Enforceable Houston/Galveston, 9/26/01........... 11/14/01, 66 FR Commitments. TX. 57195. 15% Rate of Progress Plan....... Houston/Galveston, 12/09/00.......... 11/14/01, 66 FR TX. 57195. Revisions to the 1990 Base Year Houston/Galveston, 12/09/00.......... 11/14/01, 66 FR Inventory. TX. 57195. Reasonably Available Control Houston/Galveston, 9/26/01........... 11/14/01, 66 FR Measure Analysis. TX. 57195. Memorandum of Agreement between Houston/Galveston 10/18/2000........ 11/14/01, 66 FR HGA, Texas 1-hour TNRCC and Houston Airport Area Ozone 57222. ozone standard System. Nonattainment attainment Area. demonstrations. Vehicle Miles Traveled Offset Houston/Galveston 05/09/00.......... 11/14/01, 66 FR Originally Plan. Ozone 57251. submitted 11/12/ nonattainment 93 and revised 11/ area. 06/94, 8/25/97, and 05/17/00. Memorandum of Agreement between Dallas/Fort Worth 5/23/01........... 4/22/02, 67 FR DFW, Texas 1-hour TNRCC and the City of Dallas, Ozone 19516. ozone standard Texas. Nonattainment attainment Area. demonstrations. Memorandum of Agreement between Dallas/Fort Worth 5/23/01........... 4/22/02, 67 FR DFW, Texas 1-hour TNRCC and the City of Fort Ozone 19516. ozone standard Worth, Texas. Nonattainment attainment Area. demonstrations. Memorandum of Agreement between Dallas/Fort Worth 5/23/01........... 4/22/02, 67 FR DFW, Texas 1-hour TNRCC and the D/FW Ozone 19516. ozone standard International Airport Board, Nonattainment attainment Texas. Area. demonstrations. Transportation Control Measures All Nonattainment 05/09/00.......... 12/5/00, 67 FR Chapter 1. SIP Revision. and Maintenance 72382. Introduction, Areas. Chapter 2, General, and Chapter 3.Criteria and Procedures. Section 179B Demonstration of El Paso CO 09/27/95.......... 07/02/03, 68 FR Supplemented 02/11/ Attainment for Carbon Monoxide nonattainment 39460. 98. for El Paso. area Carbon Monoxide On-Road El Paso CO 09/27/95.......... 07/02/03.......... .................. Emissions Budget for Conformity. nonattainment area Contingency Measure for El Paso El Paso CO 09/27/95.......... 07/02/03, 68 FR .................. Carbon Monoxide Area. nonattainment 39460. area Section 179B Attainment El Paso ozone 10/03/94.......... 6/10/04 Approval includes Demonstration Report. nonattainment a revision area. submitted 08/09/ 96. Deferral of the post 1996 RFP... El Paso ozone .................. 6/10/04........... nonattainment area. Enforceable commitment to El Paso ozone 10/03/94.......... 6/10/04........... conduct additional modeling for nonattainment the area as new data become area. available. This modeling effort will be conducted under the auspices of the 1983 La Paz Agreement between the United States and Mexico. VOC and NOX Motor Vehicle El Paso ozone 12/11/97.......... 6/10/04........... Emissions Budget for Conformity. nonattainment area. Second 10-year maintenance plan Victoria.......... 02/05/03.......... 01/03/05, 70 FR 22 for Victoria County. Post 1999 Rate of Progress Plan. Houston/Galveston, 11/16/04.......... 2/14/05, 70 FR TX. 7407. Revisions to the 1990 Base Year Houston/Galveston, 11/16/04.......... 2/14/05, 70 FR Inventory. TX. 7407. Approval of the Post-1996 Rate- Dallas-Fort Worth. 10/25/1999........ 3/28/05, 70 FR .................. of-Progress Plan and Motor 15592. Vehicle Emission Budgets. Adjustments to the 1990 base Dallas-Fort Worth. 10/25/1999........ 3/28/05, 70 FR year emissions inventory. 15592. Approval of the 15% Rate of Dallas-Fort Worth. 9/8/1996.......... 4/12/2005, 70 FR Progress Plan and the Motor 18993. Vehicle Emissions Budget. Memorandum of Agreement between Dallas-Fort Worth. 1/14/04........... 04/22/05, 70 FR Texas Council on Environmental 20816. Quality and the North Central Texas Council of Governments Providing Emissions Offsets to Dallas Fort Worth International Airport. Clean Air Action Plan, 8-hour Bastrop, Caldwell, 12/06/04.......... 8/19/05, 70 FR ozone standard attainment Hays, Travis and 48640. demonstration, and Williamson Transportation Emission Counties, TX. Reduction Measures (TERMs) for the Austin EAC area. Clean Air Action Plan and 8-hour Gregg, Harrison, 12/06/04.......... 8/19/05, 70 FR ozone standard attainment Rusk, Smith and 48642. demonstration for the Northeast Upshur Counties, Texas Early Action Compact area. TX. Clean Air Plan, 8-hour ozone Bexar, Comal, 12/06/04.......... 8/22/05, 70 FR standard attainment Guadalupe, and 48877. demonstration and Wilson Counties, Transportation Emission TX. Reduction Measures (TERMs) for the San Antonio EAC area. Voluntary Mobile Emission Dallas/Fort Worth, 4/25/00........... 8/26/05, 70 FR Program. TX. 50208. Dallas_Fort Worth SIP, Appendix Dallas/Fort Worth 01/14/04.......... 09/27/05, 70 FR G; Transportation Control Ozone 56374. Measures in the Dallas/Fort Nonattainment Worth Ozone Nonattainment Area. Area. Approval of the Speed Limits Dallas-Fort Worth. 4/25/00........... 10/11/05, 70 FR Local Initiative Measure in the 58978. DFW nine county area. Affected counties are Dallas, Tarrant, Collin, Denton, Parker, Johnson, Ellis, Kaufman, Rockwall. Memorandum of Understanding Statewide......... 08/15/02.......... 12/12/2005, 70 FR Between the Texas Department of 73380. Transportation and the Texas Natural Resource Conservation Commission. Post 1996 Rate of Progress Plan. Beaumont/Port 11/16/04.......... 2/22/06, 71 FR Arthur, TX. 8965. Revisions to the 1990 Base Year Beaumont/Port 11/16/04.......... 2/22/06, 71 FR Inventory. Arthur, TX. 8965. ---------------------------------------------------------------------------------------------------------------- \1\ As revised 9/26/01. [64 FR 36589, July 7, 1999] Editorial Note: For Federal Register citations affecting §52.2270, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.2271 Classification of regions. top (a) The Texas plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Abilene-Wichita Falls Intrastate.......................... II III III III III Amarillo-Lubbock Intrastate............................... II III III III III Austin-Waco Intrastate.................................... II III III III I Brownsville-Laredo Intrastate............................. I III III III III Corpus Christi-Victoria Intrastate........................ I II III III I Midland-Odessa-San Angelo Intrastate...................... II II III III III Metropolitan Houston-Galveston Intrastate................. I I III III I Metropolitan Dallas-Fort Worth Intrastate................. II III III III I Metropolitan San Antonio Intrastate....................... II III III III I Southern Louisiana-Southeast Texas Interstate............. II I III III I El Paso-Las Cruces Alamogordo Interstate.................. I IA III I I Shreveport-Texarkana-Tyler Interstate..................... II III III III III ---------------------------------------------------------------------------------------------------------------- (b) The proposed priority classifications for particulate matter and carbon monoxide submitted by the Governor on March 21, 1975 are disapproved. (c) The revision of section II, classification of regions, submitted by the Texas Air Control Board with the semiannual in 1975 is disapproved. [37 FR 10895, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 42 FR 20131, Apr. 18, 1977; 42 FR 27894, June 1, 1977; 45 FR 19244, Mar. 25, 1980] § 52.2272 [Reserved] top § 52.2273 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Texas' plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977, except as noted below. [45 FR 19244, Mar. 25, 1980, as amended at 49 FR 32190, Aug. 13, 1984; 61 FR 16062, Apr. 11, 1996] § 52.2274 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate. [39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986] § 52.2275 Control strategy and regulations: Ozone. top (a) Section 510.3 of revised Regulation V, which was submitted by the Governor on July 20, 1977, is disapproved. (b) Notwithstanding any provisions to the contrary in the Texas Implementation Plan, the control measures listed in paragraph (d) of this section shall be implemented in accordance with the schedule set forth below. (c)(1) Removal from service of a 12,000 BPD vacuum distillation unit at the Corpus Christi refinery of the Champlin Petroleum Company, Corpus Christi, Texas, with a final compliance date no later than October 1, 1979. This shall result in an estimated hydrocarbon emission reduction of at least 139 tons per year. (2) Dedication of gasoline storage tank 91–TK–3 located at the Corpus Christi refinery of the Champlin Petroleum Company, Corpus Christi, Texas to the exclusive storage of No. 2 Fuel Oil or any fluid with a vapor pressure equivalent to, or less than that of No. 2 Fuel Oil, with a final compliance date no later than October 1, 1979. This shall result in an estimated hydrocarbon emission reduction of at least 107.6 tons per year. (d) [Reserved] (e) Approval—The Texas Commission on Environmental Quality (TCEQ) submitted a revision to the Texas SIP on February 18, 2003, concerning the Victoria County 1-hour ozone maintenance plan. This SIP revision was adopted by TCEQ on February 5, 2003. This SIP revision satisfies the Clean Air Act requirement, as amended in 1990, for the second 10-year update to the Victoria County 1-hour ozone maintenance area. [42 FR 37380, July 21, 1977, as amended at 44 FR 5662, Jan. 29, 1979; 44 FR 55006, Sept. 24, 1979; 45 FR 19244, Mar. 25, 1980; 46 FR 47545, Sept. 29, 1981; 47 FR 20770, May 14, 1982; 47 FR 50868, Nov. 10, 1982; 60 FR 12459, Mar. 7, 1995; 60 FR 33924, June 29, 1995; 70 FR 25, Jan. 3, 2005] § 52.2276 Control strategy and regulations: Particulate matter. top (a) Part D conditional approval. The Texas plan for total suspended particulate (TSP) for the nonattainment area of Dallas 3 is conditionally approved until the State satisfactorily completes the following items: (1) Draft SIP revision supplement submitted to EPA by March 3, 1980. (2) Public hearing completed by May 5, 1980. (3) Adopt revision and revised Regulation I as it pertains to control of nontraditional sources, if necessary, and submit to EPA by August 1, 1980. (b) Notwithstanding any provisions to the contrary in the Texas Implementation Plan, the control measures listed in paragraph (c) of this section shall be implemented in accordance with the schedule set forth below. (c) No later than January 1, 1980, Parker Brothers and Co., Inc., at its limestone quarry facilities near New Braunfels, Comal County, Texas shall install fabric filters on the primary crusher and on the secondary crusher and screens, meeting the requirements of Appendix A of the Texas Air Control Board Order 78–8 adopted August 11, 1978. After the date of installation of the fabric filters, Parker Brothers and Co., Inc., shall not emit particulate matter in excess of 0.03 grains per standard cubic foot from the exhaust stack of the fabric filter on its primary crusher and shall not emit particulate matter in excess of 0.03 grains per standard cubic foot from the exhaust stack of the fabric filter on its secondary crusher and screens. [46 FR 43425, Aug. 28, 1981, and 46 FR 47545, Sept. 29, 1981] §§ 52.2277-52.2281 [Reserved] top § 52.2282 Public hearings. top (a) The requirements of §51.102 of this chapter are not met because principal portions of the revised plan were not made available to the public for inspection and comment prior to the hearing. [38 FR 16568, June 22, 1973, as amended at 51 FR 40675, Nov. 7, 1986] §§ 52.2283-52.2284 [Reserved] top § 52.2285 Control of evaporative losses from the filling of gasoline storage vessels in the Houston and San Antonio areas. top (a) Definitions: (1) Gasoline means any petroleum distillate having a Reid vapor pressure of 4 pounds or greater which is produced for use as a motor fuel and is commonly called gasoline. (2) Storage container means any stationary vessel of more than 1,000 gallons (3,785 liters) nominal capacity. Stationary vessels include portable vessels placed temporarily at a location; e.g., tanks on skids. (3) Owner means the owner of the gasoline storage container(s). (4) Operator means the person who is directly responsible for the operation of the gasoline storage container(s), whether the person be a lessee or an agent of the owner. (5) Delivery Vessel means tank trucks and tank trailers used for the delivery of gasoline. (6) Source means both storage containers and delivery vessels. (b) This section is applicable to the following counties in Texas: Harris, Galveston, Brazoria, Fort Bend, Waller, Montgomery, Liberty, Chambers, Matagorda, Bexar, Comal, and Guadalupe. (c) No person shall transfer or permit the transfer of gasoline from any delivery vessel into any stationary storage container with a nominal capacity greater than 1,000 gallons (3,785 liters) unless such container is equipped with a submerged fill pipe and unless the displaced vapors from the storage container are processed by a system that prevents release to the atmosphere of no less than 90 percent by weight of total hydrocarbon compounds in said vapors. (1) The vapor recovery system shall include one or more of the following: (i) A vapor-tight return line from the storage container to the delivery vessel and a system that will ensure that the vapor return line is connected before gasoline can be transferred into the container. (ii) Other equipment that prevents release to the atmosphere of no less than 90 percent by weight of the total hydrocarbon compounds in the displaced vapor provided that approval of the proposed design, installation, and operation is obtained from the Regional Administrator prior to start of construction. (2) The vapor recovery system shall be so constructed that it will be compatible with a vapor recovery system, which may be installed later, to recover vapors displaced by the filling of motor vehicle tanks. (3) The vapor-laden delivery vessel shall meet the following requirements: (i) The delivery vessel must be so designed and maintained as to be vapor-tight at all times. (ii) If any gasoline storage compartment of a vapor-laden delivery vessel is refilled in one of the counties listed in paragraph (b) of this section, it shall be refilled only at a facility which is equipped with a vapor recovery system, or the equivalent, which prevents release to the atmosphere of at least 90 percent by weight of the total hydrocarbon compounds in the vapor displaced from the delivery vessel during refilling. (iii) Gasoline storage compartments of one thousand gallons or less in gasoline delivery vehicles presently in use on November 6, 1973 will not be required to be retrofitted with a vapor return system until January 1, 1977. (iv) Facilities which have a daily throughput of 20,000 gallons of gasoline or less are required to have a vapor recovery system in operation no later than May 31, 1977. Delivery vessels and storage vessels served exclusively by facilities required to have a vapor recovery system in operation no later than May 31, 1977, also are required to meet the provisions of this section no later than May 31, 1977. (d) The provisions of paragraph (c) of this section shall not apply to the following: (1) Storage containers used for the storage of gasoline used on a farm for farming purposes, as that expression is used in the Internal Revenue Code, 26 U.S.C. section 6420. (2) Any container having a nominal capacity less than 2,000 gallons (7,571 liters) installed prior to November 6, 1973. (3) Transfers made to storage containers equipped with floating roofs or their equivalent. (4) Any facility for loading and unloading of volatile organic compounds (including gasoline bulk terminals) in Bexar, Brazoria, Galveston and Harris Counties, any gasoline bulk plants in Harris County, and any filling of gasoline storage vessels (Stage I) for motor vehicle fuel dispensing facilities in Bexar, Brazoria, Galveston, and Harris Counties which is subject to Texas Air Control Board Regulation V subsections 115.111–115.113, 115.121–115.123, and 115.131–115.135, respectively. (e) Except as provided in paragraph (f) of this section, the owner or operator of a source subject to paragraph (c) of this section shall comply with the increments contained in the following compliance schedule: (1) Contracts for emission control systems or process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish emission control or process modification not later than March 31, 1975. (2) Initiation of onsite construction or installation of emission control equipment or process change must begin not later than July 1, 1975. (3) On-site construction or installation of emission control equipment or process modification must be completed no later than June 30, 1976. (4) Final compliance is to be achieved no later than August 31, 1976. (5) Any owner or operator of sources subject to the compliance schedule in this paragraph shall certify in writing to the Regional Administrator whether or not the required increment of progress has been met. The certification shall be submitted within five days after the deadlines for each increment. The certification shall include the name(s) and street address(es) of the facility (facilities) for which the certification applies, and the date(s) the increment(s) of progress was (were) met—if met. The Regional Administrator may request whatever supporting information he considers necessary for proper certification. (f) Paragraph (e) of this section shall not apply to the owner or operator of: (1) A source which is presently in compliance with paragraph (c) of this section and which has certified such compliance to the Regional Administrator by January 1, 1974. The certification shall include the name(s) and street address(es) of the facility (facilities) for which the certification applies. The Regional Administrator may request whatever supporting information he considers necessary for proper certification. (2) To a source for which a compliance schedule is adopted by the State and approved by the Administrator. (3) To a source whose owner or operator receives approval from the Administrator by June 1, 1974, of a proposed alternative schedule. No such schedule may provide for compliance after August 31, 1976. If approval is promulgated by the Administrator, such schedule shall satisfy the requirements of this section for the affected source. (g) Nothing in this section shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (e) of this section fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. (h) After August 31, 1976 paragraph (c) of this section shall be applicable to every storage container (except those exempted in paragraph (d) of this section) located in the counties specified in paragraph (b) of this section. Every storage container installed after August 31, 1976 shall comply with the requirements of paragraph (c) of this section from the time of installation. In the affected counties, storage containers which were installed, or converted to gasoline storage after November 6, 1973, but before August 31, 1976 shall comply with paragraph (c) of this section in accordance with the schedule established in paragraph (e) of this section. [42 FR 37380, July 21, 1977, as amended at 47 FR 50868, Nov. 10, 1982; 51 FR 40676, Nov. 7, 1986] § 52.2286 Control of evaporative losses from the filling of gasoline storage vessels in the Dallas-Fort Worth area. top (a) Definitions: (1) Gasoline means any petroleum distillate having a Reid vapor pressure of 4 pounds or greater which is produced for use as a motor fuel and is commonly called gasoline. (2) Storage container means any stationary vessel of more than 1,000 gallons (3,785 liters) nominal capacity. Stationary vessels include portable vessels placed temporarily at a location; e.g., tanks on skids. (3) Owner means the owner of the gasoline storage container(s). (4) Operator means the person who is directly responsible for the operation of the gasoline storage container(s), whether the person be a lessee or an agent of the owner. (5) Delivery vessel means tank truck and tank trailers used for the delivery of gasoline. (6) Source means both storage containers and delivery vessels. (b) This section is applicable to the following counties in Texas: Dallas, Tarrant, Denton, Wise, Collin, Parker, Rockwall, Kaufman, Hood, Johnson, and Ellis. (c) No person shall transfer or permit the transfer of gasoline from any delivery vessel into any stationary storage container with a nominal capacity greater than 1,000 gallons (3,785 liters) unless such container is equipped with a submerged fill pipe and unless the displaced vapors from the storage container are processed by a system that prevents release to the atmosphere of no less than 90 percent by weight of total hydrocarbon compounds in said vapors. (1) The vapor recovery system shall include one or more of the following: (i) A vapor-tight return line from the storage container to the delivery vessel and a system that will ensure that the vapor return line is connected before gasoline can be transferred into the container. (ii) Other equipment that prevents release to the atmosphere of no less than 90 percent by weight of the total hydrocarbon compounds in the displaced vapor provided that approval of the proposed design, installation, and operation is obtained from the Regional Administrator prior to start of construction. (2) The vapor recovery system shall be so constructed that it will be compatible with a vapor recovery system, which may be installed later, to recover vapors displaced by the filling of motor vehicle tanks. (3) The vapor-laden delivery vessel shall meet the following requirements: (i) The delivery vessel must be so designed and maintained as to be vapor-tight at all times. (ii) If any gasoline storage compartment of a vapor-laden delivery vessel is refilled in one of the counties listed in paragraph (b) of this section, it shall be refilled only at a facility which is equipped with a vapor recovery system, or the equivalent, which prevents release to the atmosphere of at least 90 percent by weight of the total hydrocarbon compounds in the vapor displaced from the delivery vessel during refilling. (d) The provisions of paragraph (c) of this section shall not apply to the following: (1) Storage containers used for the storage of gasoline used on a farm for farming purposes, as that expression is used in the Internal Revenue Code, 26 U.S.C. section 6420. (2) Any container having a nominal capacity less than 2,000 gallons (7,571 liters) installed prior to promulgation of this section. (3) Transfers made to storage containers equipped with floating roofs or their equivalent. (4) Any facility for loading and unloading of volatile organic compounds (including gasoline bulk terminals) in Dallas or Tarrant County, and any filling of gasoline storage vessels (Stage I) for motor vehicle fuel dispensing facilities in Dallas or Tarrant County which is subject to Texas Air Control Board Regulation V subsections 115.111–115.113 and 115.131–115.135, respectively. (e) Except as provided in paragraph (f) of this section, the owner or operator of a source subject to paragraph (c) of this section shall comply with the increments contained in the following compliance schedule: (1) Contracts for emission control systems or process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish emission control or process modification no later than September 30, 1977. (2) Initiation of on-site construction or installation of emission control equipment or process modification must begin no later than January 31, 1978. (3) On-site construction or installation of emission control equipment or process modification must be completed no later than August 31, 1978. (4) Final compliance is to be achieved no later than September 30, 1978. (5) Any owner or operator of sources subject to the compliance schedule in this paragraph shall certify in writing to the Regional Administrator whether or not the required increment of progress has been met. The certification shall be submitted not later than February 15, 1978, for award of contracts and initiation of construction, and not later than October 15, 1978, for completion of construction and final compliance. The certification shall include the name(s) and street address(es) of the facility (facilities) for which the certification applies, and the date(s) the increment(s) of progress was (were) met—if met. The Regional Administrator may request whatever supporting information he considers necessary for proper certification. (f) Paragraph (e) of this section shall not apply to the owner or operator of: (1) A source which is presently in compliance with paragraph (c) of this section and which has certified such compliance to the Regional Administrator by August 1, 1977. The certification shall include the name(s) and street address(es) of the facility (facilities) for which the certification applies. The Regional Administrator may request whatever supporting information he considers necessary for proper certification. (2) A source for which a compliance schedule is adopted by the State and approved by the Administrator. (3) To a source whose owner or operator receives approval from the Administrator by August 1, 1977, of a proposed alternative schedule. No such schedule may provide for compliance after September 30, 1978. If approval is promulgated by the Administrator, such schedule shall satisfy the requirements of this section for the affected source. (g) Nothing in this section shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (e) of this section fails to satisfy the requirements of §51.15 (b) and (c) of this chapter. (h) After September 30, 1978, paragraph (c) of this section shall be applicable to every storage container (except those exempted in paragraph (d) of this section) located in the counties specified in paragraph (b). Every storage container installed after September 30, 1978 shall comply with the requirements of paragraph (c) of this section from the time of installation. In the affected counties, storage containers which were installed, or coverted to gasoline storage after promulgation of this section, but before September 30, 1978 shall comply with paragraph (c) of this section in accordance with the schedule established in paragraph (e). [42 FR 37381, July 21, 1977, as amended at 47 FR 50868, Nov. 10, 1982] §§ 52.2287-52.2298 [Reserved] top § 52.2299 Original identification of plan section. top (a) This section identifies the original “Texas Air Pollution Control Implementation Plan” and all revisions submitted by Texas that were federally approved prior to December 31, 1998. (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Certification that statewide public hearings had been held on the plan was submitted by the Texas Air Control Board (TACB) on February 8, 1972. (Nonregulatory) (2) A discussion of its policy concerning the confidentiality of certain hydrocarbon emission data was submitted by the TACB on May 2, 1972. (Nonregulatory) (3) A discussion of the source surveillance and extension sections of the plan was submitted by the TACB on May 3, 1972. (Nonregulatory) (4) A discussion of minor revisions to the plan was submitted by the Governor on July 31, 1972. (Nonregulatory) (5) Revisions of section XI, paragraph C.3: Rule 9: Regulation V and control strategy for photochemical oxidants/hydrocarbons in Texas designated regions 7 and 10; regulation VII; and control strategy for nitrogen oxides in regions 5, 7, and 8 were submitted by the TACB on August 8, 1972. (6) A request that inconsistencies in the plan concerning the attainment dates of primary air standards be corrected was submitted by the Governor on November 10, 1972. (Nonregulatory) (7) Revisions to regulation IV, regulation V, the general rules and control strategy for photochemical oxidants/hydrocarbons, and a request for a two year extension to meet Federal standards for photochemical oxidants was submitted by the Governor on April 13, 1973. (8) Revisions to regulation IV (Control of Air Pollution from Motor Vehicles) were adopted on October 30, 1973, and were submitted by the Governor on December 11, 1973. (9) A revision of priority classifications for particulate matter, sulfur oxides, and carbon monoxide was submitted by the Governor on March 21, 1975. (Nonregulatory) (10) Revisions to rule 23, concerning compliance with new source performance standards, and rule 24, concerning compliance with national emission standards for hazardous air pollutants were submitted by the Governor on May 9, 1975. (11) Administrative revisions were submitted by the TACB with the semi-annual report in 1974 for sections I, II, III, IV, XI and XIII, and with the semi-annual report in 1975 for sections I, II, XI, and XII. (Nonregulatory) (12) A revision of section IX, Air Quality Surveillance, was submitted by the Governor on August 2, 1976. (Nonregulatory) (13) Revisions to section IX, Air Quality Surveillance Plan, which include changes of several air quality monitoring sites, were submitted by the TACB on August 12, 1977. (Nonregulatory) (14) Administrative revisions to section X, the Permit System, were submitted by the TACB in 1973, 1974, 1975, and 1977. (Nonregulatory) (15) Revisions to regulation V for control of volatile carbon compound emissions, as amended on December 10, 1976, were submitted by the Governor on July 20, 1977. (16) An administrative revision to section IX, Air Quality Surveillance System, was submitted by the Texas Air Control Board on August 14, 1978. (Nonregulatory) (17) Board Order No. 78–6, creditable as emission offsets for the Corpus Christi Petrochemical Company project in Corpus Christi, was submitted by the Governor on July 24, 1978, as amendments to the Texas State Implementation Plan (see §52.2275). (18) Draft inspection/maintenance legislation and a schedule for conducting a pilot inspection/maintenance study were submitted by the Governor on April 13, 1979. (19) Adopted inspection/maintenance legislation and administrative revisions concerning inspection/maintenance were submitted by the Governor on August 9, 1979. (20) Revision to the plan for attainment of standards for particulate matter, carbon monoxide, and ozone (Part D requirements) were submitted by the Governor on April 13, 1979. Note: The provisions of Rule 104 submitted by the Governor on 1/28/72 and approved by EPA on 5/31/72 remain in effect in other than nonattainment areas. (21) Administrative revisions to the transportation control portion of the plan were submitted by the Governor on August 9, 1979 (non-regulatory). (22) No action is being taken on Subchapters 131.07.52, .53, and .54 of Regulation V, submitted by the Governor April 13, 1979 for the ozone nonattainment counties of Harris, Galveston, Brazoria, Bexar, Dallas, and Tarrant. (23) No action is being taken on the control strategy for the TSP nonattainment area of Houston 1, submitted by the Governor on April 13, 1979. (24) A revision identifying and committing to implement currently planned Transportation Control Measures (TCMs) for Harris County was submitted by the Governor on December 28, 1979. (25) Revisions to Regulation VI (i.e., Subchapter 116.3(a)(13–15)), and the definition of “de minimus impact,” were adopted by the Texas Air Control Board on July 11, 1980, and submitted by the Governor on July 25, 1980. (26) Board Order No. 78–8 creditable as emission offsets for the General Portland, Inc., project in New Braunfels, Comal County, Texas, was submitted by the Governor on September 13, 1978, as an amendment to the Texas State Implementation Plan (see §52.2276). (27) Revisions to Regulation V (i.e., Subchapters 115.171–176) and particulate matter (TSP) control strategies for the nonattainment areas of San Benito, Brownsville, Corpus Christi 1, Corpus Christi 2, Dallas 1, and El Paso 4 were adopted by the Texas Air Control Board on July 11, 1980, and submitted by the Governor on July 25, 1980. (28) An administrative revision to section I, Introduction, was submitted by the TACB on July 23, 1981. (Nonregulatory) (29) An administrative revision to section V, Legal Authority, was submitted by the TACB on July 23, 1981. (Nonregulatory). (30) Revisions to the Texas SIP for the Union Carbide Corporation Bubble in Texas City, Texas were submitted by the Governor on December 15, 1981. (31) Revisions to the ozone, total suspended particulate, and carbon monoxide control strategies, General Rules (i.e., definition for vapor mounted seal and section 101.22), Regulation IV (i.e., addition of section 114.2(b)), and Regulation V (i.e., deletion of sections 115.46 and 115.71, 115.101–106, sections 115.144, 115.153, title of sections 115.161–163 and 115.162, 115.171–176, 115.191–194, sections 115.252, 115.262, 115.401, 115.411, and title of sections 115.421–424) were adopted by the Texas Air Control Board on March 20, 1981, and submitted by the Governor on July 20, 1981. (32) Revisions to the plan for intergovernmental consultation and composition of the Texas Air Control Board were submitted by the Governor on April 13, 1979. (33) A revision to General Rule 9—Sampling, as adopted by the Texas Air Control Board on October 30, 1973, was submitted by the Governor on December 11, 1973. (34) Revisions to the General Rules (i.e., the addition of definitions for liquid-mounted seal, miscellaneous metal parts and products, factory surface coating of flat wood paneling, vapor tight, and waxy high pour point crude oil) and Regulation V (i.e., sections 115.101–106, section 115.191 (9) and (10), sections 115.193, 115.194, 115.201–203, 115.221–223, 115.231–233, 115.251–255, 115.261–264, and 115.421–424) were adopted by the Texas Air Control Board on July 11, 1980 and submitted by the Governor on July 25, 1980. (35) [Reserved] (36) Revisions to Regulation VI (i.e., section 116.1, section 116.2, section 116.3(a), section 116.3(a)(2), the addition of sections 116.3(a)(3), 116.3(a)(4), and 116.3(a)(5), section 116.3(a)(6), section 116.3(b)(2), the addition of sections 116.3(b)(3), 116.3(b)(4), 116.4, and 116.5, section 116.6, section 116.7, and section 116.8) were adopted by the Texas Air Control Board on March 27, 1975 and submitted by the Governor on May 9, 1975. (37) Revisions to Regulation VI (i.e., the deletion of 131.08.00.009) were adopted by the Texas Air Control Board on March 30, 1979 and submitted by the Governor on April 13, 1979. (38) Revisions to Regulation VI (i.e., the deletion of 131.08.00.003(a)(3) and 131.08.00.003(a)(5), section 116.3(a)(4), section 116.3(a)(5), section 116.3(a)(9), section 116.3(a)(10), section 116.3(a)(12), and section 116.10) were adopted by the Texas Air Control Board on March 20, 1981 and submitted by the Governor on July 20, 1981. (39) [Reserved] (40) Revisions to Subchapter 115.135 (formerly 131.07.54.105) of Regulation V were adopted by the Texas Air Control Board on September 7, 1979 and submitted by the Governor to EPA on November 2, 1979 (i.e., removal of Jefferson, Orange, El Paso, Nueces, and Travis Counties). (41) The Texas Lead SIP was submitted to EPA on June 12, 1980, by the Governor of Texas, as adopted by the Texas Air Control Board on March 21, 1980. Additional information was submitted in letters dated January 29, 1982, March 15, 1982, June 3, 1982, June 15, 1982, August 23, 1982, and October 14, 1982. Also additional information and Board Order 82–11 were submitted in a letter dated December 3, 1982. No action is taken regarding the Dallas and El Paso areas. (42) An administrative revision for Section VIII (Texas Air Pollution Emergency Episode Contingency Plan) and a revision to Regulation VIII (Control of Air Pollution Episodes) was submitted by the TACB on May 18, 1982 and December 29, 1981, respectively. (43) A revision to Regulation V deleting Ector County from the provisions of subsections 115.111 and .113 was adopted on March 20, 1981 and submitted by the Governor on July 20, 1981. (44) Revisions to Regulation I, sections 111.2(7), 111.3, 111.11, 111.12, 111.26, 111.61–111.65, and 111.71–111.76, for control of particulate matter and visible emissions as submitted by the Governor on January 22, 1974. (45) Revisions to Regulation I, section 111.2 for control of particulate matter and visible emissions as submitted by the Governor on December 29, 1975. (46) Revisions to Regulation I, Sections 111.2(8), 111.2(9), 111.22, 111.91 and 111.92 for control of particulate matter and visible emissions as submitted by the Governor on April 13, 1979. (47) Revisions to section XII (Resources) as submitted by the Executive Director on July 6, 1982. (48) Revisions to Subchapters 115.111–115.113 (formerly 131.07.52.101–131.07.52.104) regarding gasoline bulk terminals, 115.123–115.124 (formerly 131.07.53.101–131.07.53.103) regarding gasoline bulk plants, and 115.131–115.135 (formerly 131.07.54.101–131.07.54.105) regarding the filling of gasoline storage vessels at motor vehicle fuel dispensing facilities (Stage I vapor recovery at service stations) of Regulation V for the counties of Harris, Galveston, Brazoria, Bexar, Dallas, and Tarrant were adopted by the Texas Air Control Board on March 30, 1979 and submitted by the Governor to EPA on April 13, 1979. (49) Revisions to Subchapters 115.111 and 115.113 (formerly 131.07.52.101 and 131.07.52.103) regarding gasoline bulk terminals, 115.121 and 115.123 (formerly 131.07.53.101 and 131.07.53.103) regarding gasoline bulk plants, and 115.131, 115.132, and 115.135 (formerly 131.07.54.101, 131.07.54.102, and 131.07.54.105) regarding the filling of gasoline storage vessels at motor vehicle fuel dispensing facilities (Stage I vapor recovery at service stations) of Regulation V were adopted by the Texas Air Control Board on July 11, 1980 and submitted by the Governor to EPA on July 25, 1980. (50) Revisions to the General Rules (i.e., deletion of the definitions for chemical process plant, exhaust emission, gas processing plant, and non-methane hydrocarbons, and revisions to the definitions for gasoline bulk plant, gasoline terminal, lowest achievable emission rate, standard conditions, submerged fill pipe, paper coating, and light-duty truck coating), Regulation I (i.e., the deletion of sections 111.61–111.65, revisions to title of sections 111.71–111.76 and section 111.71, addition of sections 111.81–111.83, deletion of section 111.91, and revisions to section 111.92), and Regulation V (i.e., section 115.1, sections 115.11–115.13, sections 115.31–115.32, sections 115.41–115.45, section 115.81, and section 115.91, all for Bexar County only: and, sections 115.101–115.106; title of sections 115.141–115.144 and section 115.141, section 115.142, and section 115.144; title of sections 115.151–115.153 and section 115.152, and section 115.153; sections 115.161–115.163 and title; title of sections 115.171–115.176 and section 115.173, section 115.175, and section 115.176; title of sections 115.191–115.194 and section 115.191, section 115.192, and section 115.193; title of sections 115.201–115.203 and section 115.203; title of sections 115.221–115.223 and sections 115.222–115.223; sections 115.231–115.233 and title; title of sections 115.251–115.255 and section 115.253, and section 115.255; section 115.401; title of sections 115.411–115.413 and sections 115.411 and 115.412; title only of sections 115.421–115.424) were adopted by the Texas Air Control Board on January 8, 1982, and submitted by the Governor on August 9, 1982, with an addendum from the State on January 13, 1983. (51) A revision to Section III (Public Participation/Intergovernmental Coordination) was submitted by the Texas Air Control Board on August 17, 1982 and a letter of clarification was submitted on January 28, 1983. The revision also supercedes and deletes Section XIII which was approved on May 31, 1972. (52) An administrative revision to Section IX, Air Quality Surveillance, was submitted by the TACB on June 22, 1983. (Nonregulatory) (53) A revision to Regulation VI (i.e., the addition of section 116.11) was adopted by the Texas Air Control Board on December 3, 1982, and submitted by the Governor on May 13, 1983. (54) Revisions to the Texas State Implementation Plan for lead for Dallas County (concerning a lead control plan for the area around the secondary lead smelter in West Dallas), were submitted to EPA on April 6, 1984, by the Governor of Texas, as adopted by the Texas Air Control Board on February 17, 1984. (55) Revisions to the Texas State Implementation Plan for lead for Dallas County (concerning a lead control plan for the area around the secondary lead smelter in South Dallas), and revisions to Regulation III, chapter 113, Subchapter B, Lead Smelters in Dallas County, were submitted to EPA on July 16, 1984, by the Governor of Texas, as adopted by Texas Air Control Board on May 18, 1984. No action is taken on Regulation III, Sections 113.113 and 113.114. (56) Revisions to the Texas State Implementation Plan for lead for El Paso County, with revisions to Regulation III, Chapter 113, Subchapter B, Nonferrous Smelters in El Paso County, were submitted to EPA on June 20, 1984, by the Governor of Texas, as adopted by Texas Air Control Board on February 17, 1984. Also, letters providing additional information were submitted by Texas on June 11 and June 28, 1984. No action is taken on Regulation III, Sections 113.111 113.112. The date of compliance listed in §113.122 of February 28, 1989 (for section 113.53) is disapproved. EPA is taking no action on the attainment date for El Paso County. (57)–(58) [Reserved] (59) Revisions to TACB Regulation VI and definitions in the General Rules as adopted on June 10, 1983 and submitted by the Governor on December 22, 1983, including a letter of clarification on their definitions submitted by the Texas Air Control Board on March 27, 1984. (60) The Alternative Emission Control Plan for the Exxon Baytown Refinery in Baytown, Texas was adopted by the Texas Air Control Board on March 18, 1983, in Board Order No. 83–2. (61) Revisions to the plan for attainment of the standard for Ozone in Harris County were submitted by the Governor on December 9, 1982, January 3, 1984, and March 18, 1985. (i) Revisions adopted on December 3, 1982, include the following changes to Regulation V and the general rules. New sections or subsections 115.105(7), 115.111(2)(b), 115.111(2)(c), 115.111(2)(d), 115.163, 115.164, 115.193(c)(5), 115.193(c)(6), 115.271, 115.272, 115.273, 115.274, 115.275, and 115.421 are added. Revisions to 115.106(b), 115.106(c), 115.113, 115.141, 115.142, 115.161, 115.162, 115.191(9)(a)(i), 115.251(a)(1), 115.252(a)(4), 115.252(b), 115.252(c), 115.253(a), 115.254, 115.255(c), and 115.401(b) were made. Section 101.1 of the general rules was revised to include definitions of new terms. The revisions also included the following commitments: emissions tracking, pages 87–88; projections of reasonable further progress, pages 91 and 93; and emission reduction commitments for transportation control measures, Appendix V. (ii) Revisions adopted on September 9, 1983, include revisions to Regulation IV. New sections or subsections 114.1(e), 114.1(f), 114.3, and 114.5 are added. (iii) Revisions adopted on November 9, 1984 include the following: (A) Recordkeeping and record submittal requirements, pages 12–13, (B) Mechanics training program commitments, pages 17–18, (C) Public Awareness Plan commitments, pages 19–20, (D) Implementation Schedule, page 25(1–3), (E) Reasonable Further Progress Chart, Table 13, and (F) Department of Public Safety and Texas Air Control Board Rules and Regulations, Texas Vehicle Inspection Act Article XV, and Documentation to Authorize and Support the Implementation and Enforcement of the Texas Vehicle Parameter Inspection and Maintenance Program, Appendix X, containing the following documents: —Senate Bill 1205 —Letters of commitment from Texas Department of Public Safety, City of Houston Police Department, and Harris County Sheriff —Parameter Vehicle Emission Inspection and Maintenance Rules and Regulations for Official Vehicle Inspection Stations and Certified Inspectors, July 1, 1984 —Texas Motor Vehicle Laws, 1981–1982 —Rules and Regulations for Official Vehicle Inspection Stations and Certified Inspectors, November 11, 1983, Sections A, B, C pages C–1, C–16, C–17, C–18, C–26, C–27, and C–28, D, and E pages E–1, E–6, E–7, E–8, and E–9. (62) Revision to the Texas State Implementation Plan for Good Engineering Practice—Stack Height regulations, Texas Air Control Board Regulation VI, §116.3(a)(14), as adopted by the Texas Air Control Board on July 17, 1987, were submitted by the Governor of Texas on October 26, 1987. This revision included definitions for owner or operator, emission limitation and emission standards, stack, a stack in existence, dispersion technique, good engineering practice, nearby, excessive concentration, and regulations related to stack height provisions and stack height procedures for new source review. (i) Incorporation by reference. (A) Texas Air Control Board Regulation VI, §116.3(a)(14), adopted by the Board on July 17, 1987. (ii) Other material—one. (63) Revisions to TACB Regulation VI and definitions in the General Rules were submitted by the Governor on December 13, 1985. (i) Incorporation by reference. December 13, 1985 letter from the Governor to EPA, and Revisions adopted on September 20, 1985, include the following changes to Regulation VI and the General Rules. Revisions to §116.11 were made, and §101.1 of the General Rules was revised to include an amendment to the term major facility/stationary source. (64) Board Order No. 85–2, an alternate emission reduction plan for the Continental Can Company, U.S.A. can coating plant in Longview, Texas was submitted by the Governor on July 25, 1985, as amendments to the Texas State Implementation Plan. The source is now subject to the legally enforceable requirements stated in Board Order No. 85–2 and in TACB Permit Number C–16765. (i) Incorporation by reference. (A) Texas Air Control Board Order No. 85–2 adopted on May 10, 1985, and TACB Permit Number C–16765 as revised November 21, 1986. (65) In a October 26, 1987, letter, the Governor of Texas submitted a revision to the Texas State Implementation Plan for Lead in El Paso County. These revisions to the control strategy are adequate to demonstrate attainment by August 14, 1987, of the National Ambient Air Quality Standards for lead in El Paso County by modeling. Enclosed in this letter were Texas Air Control Board (TACB) Board Order No. 87–14 as passed and approved on August 14, 1987; the revisions to Regulation III, Subchapter B as appended to the Board Order; and a certification of Public Hearing. (i) Incorporation by reference. (A) TACB Board Order No. 87–14, as adopted on August 14, 1987. (B) The March 23, 1988, letter and enclosures from TACB to EPA. (66) Revisions to the plan for attainment of the standard for ozone in Dallas and Tarrant Counties were submitted by the Governor on September 30, 1985 and December 21, 1987. (i) Incorporation by reference. (A) Revisions to the Texas Air Control Board Regulation IV, Section 114.1 (c), (e), (f), 114.3, 114.5 (a), (b), (d), (e), (f), and (g) adopted July 26, 1985. (B) Vehicle Inspection and Maintenance and Transportation Control Measures (VIMTCM), Appendix AG, Emission Reduction Commitments for Transportation Control Measures in Post-1982 SIP Areas adopted by the Texas Air Control Board on August 28, 1985. (C) VIMTCM, Appendix AJ, Excerpted Senate Bill 725, section 35 (d) and (g) effective September 1, 1985; and House Bill 1593 sections 21 and 22 effective June 18, 1987. (D) The following portions of VIMTCM, Appendix AK, Texas Vehicle Parameter Inspection and Maintenance Program adopted by the Texas Air Control Board on December 18, 1987. 1 Record keeping and Record submittal Requirements, pages 15–17 2 Quality Control, Audit and Surveillance Procedures, pages 17–18 3 Procedures to Assure that Noncomplying Vehicles are Not Operated on the Public Roads, pages 18–20 4 Mechanic Training Program, pages 21–23 5 A Public Awareness Plan, pages 23–25 6 Vehicle Maintenance Program (Anti-tampering), pages 25–27 (E) VIMTCM, Appendix AM, Department of Public Safety Rules and Regulations Concerning Vehicle Inspection and Maintenance Programs, Sections 1, 2, and 3 adopted by the Texas Air Control Board on December 18, 1987. (F) VIMTCM, Appendix AN, Local Government Letters of Commitment to Enforce Vehicle Inspection and Maintenance Programs adopted by the Texas Air Control Board on December 18, 1987. (67) Part II of the Visibility Protection Plan was submitted by the Governor on November 18, 1987. This submittal includes a visibility long-term strategy and general plan provisions as adopted by the Texas Air Control Board on September 18, 1987. (i) Incorporation by reference. (A) Revision entitled, “State Implementation Plan Revisions for Visibility Protection in Class I Areas: Phase I, September 18, 1987” (including Appendices A and B). (B) Texas Air Control Board Order No. 87–15, adopted September 18, 1987. (ii) Additional material. (A) None. (68) [Reserved] (69) Revisions to the plan for attainment of the standard for ozone in Dallas and Tarrant Counties were submitted by the Governor on October 11, 1985, December 21, 1987, and December 13, 1988. EPA is approving these stationary source VOC regulations and commitments under part A, section 110 of the Clean Air Act. However, these regulations do not represent RACT under part D, section 172 of the Clean Air Act for numerous reasons, including cross-line averaging and director's equivalency determinations without first being submitted to and approved by EPA as a SIP revision. (i) Incorporation by reference. (A) Revisions to Texas Air Control Board Regulation V (31 TAC chapter 115), Control of Air Pollution from Volatile Organic Compounds: Rules 115.111 introductory paragraph; 115.111(2)(E); 115.111(2)(F); 115.113 introductory paragraph, 115.113 last entry in table; except El Paso County for Rules 115.131 introductory paragraph, 115.132(6), 115.132(7), 115.135 introductory paragraph, and 115.135 second to last entry in table; 115.162 introductory paragraph only; 115.163(b)(2); 115.163(b)(3); 115.164(b) first paragraph only; 115.164(b)(3); 115.164(b)(4); 115.171(a); except El Paso County for Rule 115.171(b); 115.175(f); 115.176(a); 115.176(c); 115.191(9)(A)(iii); 115.191(9)(A)(iv); 115.191(9)(A)(v); 115.193(c)(3); 115.223; except El Paso County for Rules 115.261 undesignated heading, 115.261 introductory paragraph, 115.262(a), and 115.264; as adopted by the Texas Air Control Board on July 26, 1985. Rules 115.171(c); 115.171(d); 115.176(d); 115.193(c) first paragraph only; 115.193(c)(1); 115.193(c)(2);115.193(c)(6); 115.193(d) first paragraph only; 115.193(e); 115.194; 115.201(b)(1); 115.202; 115.203(a); and 115.291 through 115.294 and the corresponding undesignated heading; as adopted by the Texas Air Control Board on December 18, 1987. Rules 115.111(4)(C); except El Paso County for Rule 115.111(5); 115.111(6); 115.111(7); 115.113 last entry in table; 115.131(2); except El Paso County for Rule 115.131(3); 115.131(4); 115.131(5); 115.132 introductory paragraph only; 115.132(2); 115.134(3); 115.135 last entry in table; 115.141(a); 115.141(b); 115.142(a) first paragraph; 115.142(b); 115.143(a); 115.143(b); 115.143(c); 115.144; 115.162(3)(B); 115.163(a); 115.163(c); 115.163(d); 115.164(b)(7); 115.171(e); 115.172(a) first paragraph only; 115.172(a)(1); 115.172(a)(3); 115.172(a)(4); 115.172(a)(5)(A); 115.172(a)(6); 115.172(a)(7); 115.172(b) first paragraph only; 115.172(b)(1); 115.173(a) first paragraph only; 115.173(a)(2); 115.173(a)(4)(A); 115.173(a)(4)(B); 115.173(a)(4)(E); 115.173(a)(6); 115.173(b) first paragraph only; 115.173(b)(2); 115.173(b)(4); 115.173(b)(5); 115.173(b)(10); 115.173(b)(11); 115.173(c); 115.174(a) first paragraph only; 115.174(a)(1)(A); 115.174(a)(1)(B); 115.174(a)(1)(C); 115.174(a)(7); 115.174(a)(8); 115.174(a)(9); 115.174(b) first paragraph only; 115.174(b)(2); 115.174(b)(4); 115.174(b)(5); 115.174(c); 115.175(e); 115.175(g); 115.176(e); 115.191(a) first paragraph only; 115.191(a)(8)(A); 115.191(a)(8)(B); 115.191(a)(8)(C); 115.191(a)(9)(C); 115.191(a)(11); 115.191(b); 115.191(c); 115.192(a); 115.192(b); 115.192(c); 115.193(f); 115.201(a); 115.201(b) first paragraph only; 115.201(b)(2) through 115.201(b)(6); 115.201(c); 115.203(b); 115.221(a) first paragraph only; 115.221(a)(4); and 115.221(b); as adopted by the Texas Air Control Board on October 14, 1988. (B) Revisions to the Texas Air Control Board General Rules (31 TAC chapter 101), rule 101.1, Definitions for: automobile refinishing; consumer-solvent products; as adopted by the Texas Air Control Board on December 18, 1987. Rule 101.1, Definitions for: architectural coating; automotive primer or primer surfacers (used in automobile refinishing); automotive wipe-down solutions; coating application system; delivery vessel/tank-truck tank; exempt solvent; flexographic printing process; non-flat architectural coating; packaging rotogravure printing; publication rotogravure printing; rotogravure printing; surface coating processes; transfer efficiency; and vapor balance system; as adopted by the Texas Air Control Board on October 14, 1988. (C) The following portions of the Post-1982 Ozone Control Strategies Dallas and Tarrant Counties Texas State Implementation Plan Revisions (TX82SIP), as adopted by the Texas Air Control Board on December 18, 1987. (1)(d) Emissions Tracking, page 56 (last paragraph), 57, and 58. (2)(e) Regulation Review, pages 58–60. (3)(a) Emissions Reductions and Growth Unaffected by This Plan, page 63 (first two full paragraphs). (4)(e) Transportation Control Measures, pages 67–68. (5)(4) Projection of Reasonable Further Progress (RFP), pages 71–72. (6)(5) Contengency Plan, page 72. (7)(a) Emissions Reductions and Growth Unaffected by This Plan, page 75. (8)(e) Transportation Control Measures, pages 79–80. (9)(4) Projection of Reasonable Further Progress (RFP), pages 83–84. (10)(5) Contingency Plan, page 84. (D) TX82SIP, appendix AG, Emission Reduction Commitments for Transportation Control Measures in Post-1982 SIP Areas, as adopted by the Texas Air Control Board on December 18, 1987. (E) Texas Air Control Board Order No. 85–06, as adopted July 26, 1985. (F) Texas Air Control Board Order No. 87–18, as adopted December 18, 1987. (G) Texas Air Control Board Order No. 88–10, as adopted October 14, 1988. (ii) Additional Material. (A) A letter dated September 25, 1989, from Allen Eli Bell, Executive Director, Texas Air Control Board to Robert E. Layton Jr., P.E., Regional Administrator, EPA Region 6. (B) TX82SIP, (c) Additional Control Technique Guidelines (CTGs), pages 48–49. (C) TX82SIP, appendix AL, Transportation Control Measure Evaluation and Documentation of Highway Vehicle Data adopted by the Texas Air Control Board on December 18, 1987. (70) On March 12, 1982, the Governor of Texas submitted a request to revise the Texas SIP to include an Alternative Emission Reduction Plan for the E.I. Du Pont de Nemours & Company's Sabine River Works at Orange, Orange County, Texas. This Bubble uses credits obtained from the shutdown of sixteen methanol storage tanks and a methanol truck and railcar loading terminal in lieu of controls on one cyclohexane storage tank and two methanol storage tanks. (i) Incorporation by reference. (A) Texas Air Control Board Order No. 82–1, entitled “E.I. Du Pont de Nemours and Company Incorporated” passed and approved by the Board on January 8, 1982. (ii) Additional material. (A) Letter dated October 23, 1989, from the Director of the Texas Air Control Board (TACB) Technical Support and Regulation Development Program, giving assurances that the State has resources and plans necessary to strive toward attainment and maintenance of the National Ambient Air Quality Standard (NAAQS) for ozone taking into account the influence of this Bubble on air quality. (B) Letter dated May 31, 1988, from the Director of the TACB Technical Services Division, giving quantification of emissions and developmental information relative to volatile organic compound emissions from the storage and terminal facilities at the Du Pont plant. (C) Letter dated June 21, 1988, from the Director of the TACB Technical Services Division, giving the throughput basis for emission calculations for the tanks and discussing status of the equipment in the trade. (D) Record of Communication of a phone call from Bill Riddle, EPA Region 6 Emissions Trading Coordinator, to Clayton Smith and Wayne Burnop, Environmental Engineers for the TACB, dated November 7, 1989. TACB confirms that there has been no shifting demand for the bubble. (E) Record of Communication of a phone call from Mr. Bertie Fernando, TACB Environmental Engineer, to Bill Riddle, EPA Region 6 Emissions Trading Coordinator, dated December 15, 1989. TACB gives the status of the equipment in the bubble as a follow up to the June 21, 1988, letter mentioned in paragraph (c) of this section. (71) Revisions to section VIII of the Texas SIP entitled “Texas Air Pollution Episode Contingency Plan” as submitted by the Texas Air Control Board (TACB) in a letter dated October 2, 1987. Revisions to TACB Regulation VIII, 31 TAC Chapter 118, “Emergency Episode Planning,” as approved by TACB on July 16, 1987, and on April 14, 1989, and submitted by the Governor in letters dated October 26, 1987, and October 13, 1989, respectively. (i) Incorporation by reference. (A) Amended TACB Regulation VIII, 31 TAC chapter 118, Rules 118.1(a), 118.1(b)(2), 118.1(c), 118.2, 118.3, 118.4, 118.5(d), 118.5(e), 118.5(f) and 118.6 as approved on July 17, 1987, and the repeal of Rule 118.7 as approved by TACB on July 17, 1987. (B) Amended TACB Regulation VIII, 31 TAC chapter 118, Rules 118.1(b), 118.1(b)(1), Table 1 of Rule 118.1, first paragraph of Rule 118.5, and 118.5(1), 118.5(2), 118.5(3), as approved by TACB on April 14, 1989. (C) TACB Order 87–10, approved July 17, 1987. (D) TACB Order 89–01, approved April 14, 1989. (E) Texas SIP section VIII “Texas Air Pollution Episode Contingency Plan” pages VIII–3 through VIII–14, VIII–A–2 through VIII–A–4, and VIII–B–2 through VIII–B–3. (ii) Additional material (A) Revisions to section VIII as submitted on October 2, 1987, from Eli Bell, superceding and deleting section VIII as approved by EPA on October 7, 1982, at 47 FR 44260 (Texas Air Pollution Emergency Episode Contingency Plan). (B) A letter dated February 10, 1989, from Steven Spaw, TACB, to William B. Hathaway, U.S. EPA. (72) Revisions to the plan for attainment of the standard for ozone in Dallas and Tarrant counties were submitted by the Governor on March 5, 1990 limiting the volatility of gasoline. (i) Incorporation by reference. (A) Revisions to the Texas Air Control Board Regulation V (31 TAC chapter 115), Control of Air Pollution from Volatile Organic Compounds, Rule 115.242–249 as adopted by the Texas Air Control Board on December 8, 1989. (B) Texas Air Control Board Order No. 89–13, as adopted December 8, 1988. (73) Revisions for Prevention of Significant Deterioration (PSD) are: Regulation VI—Section 116.3(a)(13) as adopted by the Texas Air Control Board (TACB) on July 26, 1985 and as revised by the TACB on July 17, 1987 and July 15, 1988 and submitted by the Governor on December 11, 1985, October 26, 1987, and September 29, 1988, respectively; the PSD Supplement as adopted by the TACB on July 17, 1987 and submitted by the Governor on October 26, 1987; General Rules—Section 101.20(3) as adopted by the TACB on July 26, 1985 and submitted by the Governor on December 11, 1985; and the TACB commitment letters submitted by the Executive Director on September 5, 1989 and April 17, 1992. Approval of the PSD SIP is partially based on previously approved TACB regulations and State statutes. (i) Incorporation by reference. (A) Revisions to the TACB Regulation VI (31 TAC chapter 116)—Control of Air Pollution by Permits for New Construction or Modification: Rule 116.3(a)(13) as adopted by the TACB on July 26, 1985 and as revised by the TACB on July 17, 1987 and July 15, 1988. (B) Revision to TACB General Rules (31 TAC Chapter 101)—Rule 101.20(3) as adopted by the TACB on July 26, 1985. (C) TACB Board Order No. 85–07, as adopted on July 26, 1985. (D) TACB Board Order No. 87–09, as adopted on July 17, 1987. (E) TACB Board Order No. 88–08, as adopted on July 15, 1988. (F) The following portions of the PSD Supplement, as adopted by the TACB on July 17, 1987: 1. (2) Initial Classification of areas in Texas, pages 1–2; 2. (3) Re-designation procedures, page 2; 3. (4) plan assessment, pages 2–3; 4. (6) Innovative Control Technology, page 3; and 5. (7) Notification, (a) through (d), page 4. (ii) Additional material. (A) The PSD Supplement as adopted by the TACB on July 17, 1987. (B) A letter dated September 5, 1989, from the Executive Director of the TACB to the Regional Administrator of EPA Region 6. (C) A letter dated April 17, 1992, from the Executive Director of the TACB to the Division Director of Air, Pesticides and Toxics Division, EPA Region 6. (74) Revisions to Texas Air Control Board's volatile organic compound regulations were submitted by the Governor of Texas on July 16, 1990. (i) Incorporation by reference (A) Revisions to Texas Air Control Board Regulation V (31 TAC Chapter 115) Control of Air Pollution from Volatile Organic Compounds, Subchapter E: Solvent-Using Processes, Surface Coating Processes, §115.421 introductory paragraph, §115.421(8)(A), §115.425 introductory paragraph, §115.425(3), §115.429 introductory paragraph, and §115.429(2)(E), as adopted by the Texas Air Control Board on June 22, 1990. (B) Texas Air Control Board Order No. 90–07 as adopted by the Texas Air Control Board on June 22, 1990. (ii) Additional material (A) Texas Air Control Board July 10, 1990, certification signed by Steve Spaw, P.E., Executive Director, Texas Air Control Board. (75) Revisions to the State Implementation Plan for particulate matter (PM10 Group III) General Rules (31 TAC Chapter 101), §101.1 Definitions for “De minimis impact”, “Particulate matter”, “Particulate matter emissions”, “PM10”, “PM10 emissions”, and “Total suspended particulate”, as adopted on June 16, 1989, by the Texas Air Control Board (TACB), were submitted by the Governor on August 21, 1989. (i) Incorporation by reference. (A) General Rules (31 TAC Chapter 101), Section 101.1 Definitions for “De minimis impact”, “Particulate matter”, “Particulate matter emissions”, “PM10”, “PM10 emissions”, and “Total suspended particulate”, as adopted on June 16, 1989, by the TACB. (ii) Additional material—None. (76) A revision to the Texas State Implementation Plan (SIP) to include revisions to Texas Air Control Board (TACB) Regulation II, 31 TAC Chapter 112. Control of Air Pollution from Sulfur Compounds, submitted by the Governor by cover letter dated October 15, 1992. (i) Incorporation by reference. (A) Revisions to Texas Air Control Board (TACB), Regulation II, 31 TAC Chapter 112, Section 112.1, “Definitions;” Section 112.2, “Compliance, Reporting, and Recordkeeping;” Section 112.3, “Net Ground Level Concentrations;” Section 112.4, “Net Ground Level Concentration—Exemption Conditions;” Section 112.5, “Allowable Emission Rates—Sulfuric Acid Plant Burning Elemental Sulfur;” Section 112.6, “Allowable Emission Rates—Sulfuric Acid Plant;” Section 112.7, “Allowable Emission Rates—Sulfur Recovery Plant;” Section 112.8, “Allowable Emission Rates From Solid Fossil Fuel-Fired Steam Generators,” Subsections 112.8(a), except for the phrase “Except as provided in subsection (b) of this section,” 112.8(c), 112.8(d), 112.8(e); Section 112.9, “Allowable Emission Rates—Combustion of Liquid Fuel;” Section 112.14, “Allowable Emission Rates—Nonferrous Smelter Processes;” Section 112.15, “Temporary Fuel Shortage Plan Filing Requirements;” Section 112.16, “Temporary Fuel Shortage Plan Operating Requirements;” Section 112.17, “Temporary Fuel Shortage Plan Notification Procedures;” Section 112.18, “Temporary Fuel Shortage Plan Reporting Requirements;” Section 112.19, “Application for Area Control Plan;” Section 112.20, “Exemption Procedure;” and Section 112.21, “Allowable Emission Rates Under Area Control Plan,” as adopted by the TACB on September 18, 1992. (B) Texas Air Control Board Order No. 92–19, as adopted by the Texas Air Control Board on September 18, 1992. (ii) Additional material. (A) Texas Air Control Board certification letter dated October 1, 1992, and signed by William R. Campbell, Executive Director, Texas Air Control Board. (B) Texas Air Control Board clarification letter dated July 5, 1993, from William R. Campbell, Executive Director, Texas Air Control Board, to A. Stanley Meiburg, Director, Air, Pesticides, and Toxics Division, EPA Region 6. (77) Revisions to Texas Air Control Board Regulation V (31 TAC Chapter 115), Control of Air Pollution from Volatile Organic Compounds, were submitted by the Governor on March 5, 1990, July 16, 1990, May 10, 1991, and September 30, 1991. (i) Incorporation by reference. (A) Revisions to Texas Air Control Board Regulation V (31 TAC Chapter 115), Control of Air Pollution from Volatile Organic Compounds, as adopted by the Texas Air Control Board on December 8, 1989. (B) Revisions to Texas Air Control Board Regulation V (31 TAC Chapter 115), Control of Air Pollution from Volatile Organic Compounds, as adopted by the Texas Air Control Board on June 22, 1990: 115.425(1)(D) and 115.425(1)(E). (C) Revisions to Texas Air Control Board Regulation V (31 TAC Chapter 115), Control of Air Pollution from Volatile Organic Compounds, as adopted by the Texas Air Control Board on May 10, 1991: 115.010—Definitions for coating, coating line, leak, pounds of volatile organic compounds (VOC) per gallon of coating (minus water and exempt solvents), pounds of volatile organic compounds (VOC) per gallon of solids, printing line, volatile organic compound (VOC), 115.112(c), 115.114 introductory paragraph, 115.114(3), 115.116(1), 115.116(3)(B) through 115.116(3)(D), 115.119(a)(1), 115.119(a)(2), 115.122(a)(3), 115.126(1)(B) through 115.126(1)(E), 115.129(a)(1), 115.129(a)(2), 115.132(a)(4), 115.136, 115.139(a)(1), 115.139(a)(2), 115.212(a)(4), 115.212(a)(5), 115.212(a)(6), 115.215(5), 115.216(2)(B) through 115.216(2)(D), 115.219(a)(1) through 115.219(a)(3), 115.222(7) through 115.222(9), 115.229(1), 115.229(2), 115.239, 115.315(2), 115.316(1)(A) through 115.316(1)(D), the repeal of 115.317, 115.319(1), 115.319(2), 115.322(4), 115.324(1)(A), 115.324(1)(B), 115.324(2)(A) through 115.324(2)(E), 115.325(2), 115.327(1) through 115.327(5), 115.329 introductory paragraph, 115.329(1), 115.329(2) 115.332 introductory paragraph, 115.332(4), 115.334(1)(D), 115.334(1)(E), 115.334(2), 115.335 introductory paragraph, 115.335(2), 115.336 introductory paragraph, 115.337(1) through 115.337(5), 115.339, 115.342(4), 115.344(1)(D), 115.344(1)(E), 115.344(2), 115.345(2), 115.347(1) through 115.347(6), 115.349, 115.417(3) through 115.417(6), 115.419(1) through 115.419(3), 115.421 introductory paragraph, 115.421(1) through 115.421(8)(B) introductory paragraph, 115.421(8)(C) through 115.421(9)(A)(v), 115.421(9)(C), 115.422 introductory paragraph, 115.422(1), 115.422(1)(A) through 115.422(1)(C), 115.422(2), 115.423(2) through 115.423(4), 115.424 introductory paragraph, 115.424(1) through 115.424(3), 115.425(2), 115.425(3)(B)(i), 115.425(3)(B)(iii), 115.426 introductory paragraph, 115.426(2), 115.426(2)(A)(ii) through 115.426(2)(A)(iv), 115.426(3), 115.427(6), 115.427(6)(A), 115.427(6)(B), 115.427(7), 115.429(1), 115.429(2)(A), 115.429(2)(B), 115.432 introductory paragraph, 115.432(1), 115.432(1)(A) through 115.432(1)(C)(iii), 115.432(2), 115.432(3), 115.435(5) through 115.435(7), 115.436(3)(B) through 115.436(3)(D), 115.437(1), 115.437(2), 115.439(1), 115.439(2), 115.512(3), 115.519, 115.532(5), 115.536(2)(A)(ii) through 115.536(2)(A)(iv), 115.537(5), 115.537(6), 115.539(1), 115.539(2). (D) Revisions to Texas Air Control Board Regulation V (31 TAC Chapter 115), Control of Air Pollution from Volatile Organic Compounds, as adopted by the Texas Air Control Board on September 20, 1991: 115.010—Definitions for capture efficiency, capture system, carbon adsorber, carbon adsorption system, control device and control system, 115.126(1), 115.129(a)(3), 115.136, 115.139(a)(2), 115.224(2), 115.229(2), 115.422(2), 115.423(3), 115.425(4) through 115.425(4)(C)(iii), 115.426(3), 115.426(4), 115.429(2)(C), 115.435 introductory paragraph, 115.435(7) through 115.435(7)(C)(iii), 115.435(8), 115.436(6), 115.439(2). (78) Revision to the Texas State Implementation Plan for Prevention of Significant Deterioration adopted by the Texas Air Control Board (TACB) on December 14, 1990, and submitted by the Governor on February 18, 1991. (i) Incorporation by reference. (A) Revision to TACB Regulation VI (31 TAC Chapter 116)—Control of Air Pollution by Permits for New Construction or Modification: Section 116.3(a)(13) as adopted by the TACB on December 14, 1990, and effective January 7, 1991. (B) TACB Board Order No. 90–13, as adopted on December 14, 1990. (79) A revision to the Texas SIP addressing moderate PM–10 nonattainment area requirements for El Paso was submitted by the Governor of Texas by letter dated November 5, 1991. The SIP revision included, as per section 179B of the Clean Air Act, a modeling demonstration providing for timely attainment of thePM–10 National Ambient Air Quality Standards for El Paso but for emissions emanating from Mexico. (i) Incorporation by reference. (A) Revisions to Texas Air Control Board (TACB), Regulation I, Section 111.101, “General Prohibition;” Section 111.103, “Exceptions to Prohibition of Outdoor Burning;” Section 111.105, “General Requirements for Allowable Outdoor Burning;” Section 111.107, “Responsibility for Consequences of Outdoor Burning;” Section 111.143, “Materials Handling;” Section 111.145, ”Construction and Demolition,” Subsections 111.145(1), 111.145(2); Section 111.147, “Roads, Streets, and Alleys,” Subsections 111.147(1)(B), 111.147(1)(C), 111.147(1)(D); and Section 111.149, “Parking Lots,” as adopted by the TACB on June 16, 1989. (B) TACB Order No. 89–03, as adopted by the TACB on June 16, 1989. (C) Revisions to TACB, Regulation I, Section 111.111, “Requirements for Specified Sources,” Subsection 111.111(c); Section 111.141, “Geographic Areas of Application and Date of Compliance;” Section 111.145, “Construction and Demolition,” Subsections 111.145(first paragraph), 111.145(3); and Section 111.147, “Roads, Streets, and Alleys,” Subsections 111.147(first paragraph), 111.147(1)(first paragraph), 111.147(1)(A), 111.147(1)(E), 111.147(1)(F), and 111.147(2), as adopted by the TACB on October 25, 1991. (D) TACB Order No. 91–15, as adopted by the TACB on October 25, 1991. (E) City of El Paso, Texas, ordinance, Title 9 (Health and Safety), Chapter 9.38 (Woodburning), Section 9.38.010, “Definitions;” Section 9.38.020, “No-Burn Periods;” Section 9.38.030, “Notice Required;” Section 9.38.040, “Exemptions;” Section 9.38.050, “Rebuttable Presumption;” and Section 9.38.060, “Violation Penalty,” as adopted by the City Council of the City of El Paso on December 11, 1990. (ii) Additional material. (A) November 5, 1991, narrative plan addressing the El Paso moderate PM–10 nonattainment area, including emission inventory, modeling analyses, and control measures. (B) A Memorandum of Understanding between the TACB and the City of El Paso defining the actions required and the responsibilities of each party pursuant to the revisions to the Texas PM–10 SIP for El Paso, passed and approved on November 5, 1991. (C) TACB certification letter dated July 27, 1989, and signed by Allen Eli Bell, Executive Director, TACB. (D) TACB certification letter dated October 28, 1991, and signed by Steve Spaw, Executive Director, TACB. (E) El Paso PM–10 SIP narrative from pages 91–92 that reads as follows: “* * * provided that adequate information becomes available, a contingency plan will be developed in conjunction with future El Paso PM–10 SIP revisions. It is anticipated that EPA, TACB, the City of El Paso, and SEDUE will continue a cooperative effort to study the PM–10 air quality in the El Paso/Juarez air basin. Based on the availability of enhanced emissions and monitoring data, as well as more sophisticated modeling techniques (e.g., Urban Airshed Model), future studies will attempt to better define the relative contributions of El Paso and Juarez to the PM–10 problem in the basin. At that time, a contingency plan can more appropriately be developed in a cooperative effort with Mexico.” (80) A revision to the Texas State Implementation Plan to adopt an alternate control strategy for the surface coating processes at Lockheed Corporation of Fort Worth. (i) Incorporation by reference. (A) Texas Air Control Board Order Number 93–13 issued and effective June 18, 1993, for Lockheed Corporation, Fort Worth approving an Alternate Reasonably Available Control Technology (ARACT). A letter from the Governor of Texas dated August 19, 1993, submitting to the EPA the ARACT demonstration. (ii) Additional material-the document prepared by GD titled “The Proposed Alternate Reasonably Available Control Technology Determination for U.S. Air Force Plant Number Four and Ancillary Facilities of General Dynamics” dated September 16, 1991. (81) A revision to the Texas SIP to include revisions to Texas Regulation V, 31 TAC §§115.241–115.249–Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities adopted by the State on October 16, 1992, effective November 16, 1992, and submitted by the Governor by cover letter dated November 13, 1992. (i) Incorporation by reference. (A) Revisions to Texas Regulation V, 31 TAC §§115.241–115.249–Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities, effective November 16, 1992. (B) Texas Air Control Board Order No. 92–16, as adopted October 16, 1992. (ii) Additional materials. (A) September 30, 1992, narrative plan addressing: general requirements, definitions, determination of regulated universe, certification of approved vapor recovery systems, training, public information, recordkeeping, requirements for equipment installation and testing, annual in-use above ground inspections, program penalties, resources, and benefits. (82) A revision to the Texas SIP to include a new Texas Natural Resource Conservation Commission, Part III, Chapter 101, General Rules, section 101.10, Emission Inventory Requirements. In a concurrent action, the TNRCC repealed the existing section 101.10 concerning filing of emissions data. The new rule and the repealing of the old rule was submitted to the EPA on October 15, 1992, by the Governor, as a proposed revision to the SIP. (i) Incorporation by reference. (A) TNRCC, Part III, Chapter 101, General Rules, section 101.10, Emission Inventory Requirements, as adopted by the TNRCC on August 20, 1992. (B) TNRCC Order No. 92–20, as adopted by the TNRCC on August 20, 1992. (ii) Additional material. (A) TNRCC certification letter dated October 8, 1992, and signed by William R. Campbell, Executive Director, TNRCC. (83) A revision to the Texas SIP to include an alternate particulate control plan for certain unpaved industrial roadways at the ASARCO copper smelter in El Paso, submitted by the Governor by cover letter dated March 30, 1994. (i) Incorporation by reference. (A) Texas Natural Resource Conservation Commission Order No. 94–01, as adopted by the Texas Natural Resource Conservation Commission on March 9, 1994. (B) TNRCC Attachment 3 containing the Texas Air Control Board permit number 20345 for the ASARCO primary copper smelter in El Paso, Texas, issued May 11, 1992. (C) TNRCC Attachment 4 containing the June 8, 1993, letter from Mr. Troy W. Dalton, Texas Air Control Board (TACB), to Mr. Thomas Diggs, U.S. EPA Region 6, addressing the ASARCO Inc. (El Paso) waiver request from TACB Regulation I, Section 111.147(1)(A), including the enclosure entitled “Waiver Provisions to Texas Air Control Board Regulation 111.147(1)(A) for ASARCO, Incorporated, El Paso Account No. EE–0007–G.” (ii) Additional material. (A) March 9, 1994, SIP narrative addressing the alternate particulate control plan (in lieu of paving) for certain unpaved industrial roadways at the ASARCO copper smelter in El Paso. (84) A revision to the Texas SIP for the El Paso moderate carbon monoxide nonattainment area which has a design value less than 12.7 parts per million was submitted by the Governor of Texas to meet the November 15, 1992, CAA deadline. The elements in this incorporation include the general SIP revision and the oxygenated fuels regulations submitted to the EPA on October 23, 1992, and the completed emissions inventory submitted to the EPA on November 17, 1992. (i) Incorporation by reference. (A) Addition of a new Section 114.13, “Oxygenated Fuels” to the Texas Air Control Board (TACB), Regulation IV. (B) TACB Board Order Number 92–15, as adopted by the TACB on September 18, 1992. (C) SIP narrative plan entitled “Revisions to the State Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for Moderate Area—El Paso,” adopted by the Texas Air Control Board September 18, 1992, addressing: 3. 1992 CO SIP Revisions for Moderate Area El Paso (new.) e. Attainment Demonstration, pages 9–10; f. Oxygenated Fuels 3) Administrative Requirements, page 13, b) Clerical Reviews, page 15, c) Field Inspections, page 15; and e) enforcement (i)–(iv), pages 17–19. (ii) Additional material. (A) SIP narrative plan entitled “Revisions to the State Implementation Plan (SIP) for Carbon Monoxide (CO), 1992 CO SIP for Moderate Area—El Paso,” adopted by the Texas Air Control Board September 18, 1992. (B) Governor of Texas submittal of November 13, 1992, regarding the El Paso CO emissions inventory. (C) The TACB certification letter dated October 1, 1992, and signed by William R. Campbell, Executive Director, TACB. (85) The State is required to implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM) as specified in the plan revision submitted by the Governor on November 13, 1992. This plan submittal, as adopted by the Texas Air Control Board (TACB) on November 6, 1992, was developed in accordance with section 507 of the Clean Air Act (CAA). (i) Incorporation by reference. (A) Texas Clean Air Act (TCAA), TEXAS HEALTH AND SAFETY CODE ANN. (Vernon 1992), §382.0365, “Small Business Stationary Source Assistance Program”, enacted by the Texas 1991 legislative session and effective September 1, 1991. Included in TCAA, §382.0365, are provisions establishing a small business assistance program (SBAP), an Ombudsman, and a Compliance Advisory Panel (CAP); establishing membership of the CAP; and addressing the responsibilities and duties of the SBAP, Ombudsman, and the CAP. (B) TACB Order No. 92–22, as adopted by the TACB on November 6, 1992. (C) Appendix C, “Schedule of Implementation”, appended to the narrative SIP Revision entitled, “Revisions to the State Implementation Plan for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, Texas Air Control Board; November 1992”. (ii) Additional material. (A) Narrative SIP Revision entitled, “Revisions to the State Implementation Plan for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, Texas Air Control Board; November 1992”. (B) TACB certification letter dated November 10, 1992, and signed by William R. Campbell, Executive Director, TACB. (C) Legal opinion letter dated October 15, 1992 from Kirk P. Watson, Chairman, TACB, to Mr. B.J. Wynne, III, Regional Administrator, EPA Region 6, regarding the composition of the Small Business Compliance Advisory Panel for Texas. (86) [Reserved] (87) A revision to the Texas SIP to include revisions to Texas Regulation IV, 31 TAC §114.3—Vehicle Emissions Inspection and Maintenance Program, adopted by the State on November 10, 1993, and February 16, 1994, regulations effective December 8, 1993, and revisions to Texas Department of Transportation, Chapter 17. Vehicle Titles and Registration—Vehicle Emissions Verification System, 43 TAC §17.80, adopted by the State on October 28, 1993, effective November 22, 1993, and submitted by the Governor by cover letters dated November 12, 1993 and March 9, 1994. (i) Incorporation by reference. (A) House Bill 1969 an act relating to motor vehicle registration, inspections and providing penalties amending: (1) Sections 382.037 and 382.038 of the Texas Health and Safety Code; (2) Section 2 Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a–2, Vernon's Texas Civil Statutes); (3) Title 116, Articles 6675b–4, 6675b–4A, and 6675b–4B; (4) Section 141(d), and section 142(h), Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Civil Statutes); (5) Section 4.202, County Road and Bridge Act (Article 6702–1, Vernon's Texas Civil Statutes) signed by the Governor on June 8, 1993, and effective August 30, 1993. (B) Texas Health and Safety Code (Vernon 1990), the Texas Clean Air Act, sections 382.017, 382.037, 382.038, and 382.039 effective September 1, 1991. (C) Revisions to Texas Regulation IV, 31 TAC §114.3—Vehicle Emissions Inspection and Maintenance Program, effective December 8, 1993. (D) Order No. 93–23, as adopted November 10, 1993, and Order No. 94–02 as adopted February 16, 1994. (E) Texas Civil Statutes, Articles 6675a–1 to 6675b–2 and 6687–1. (Vernon 1993). (F) Revisions to Texas Department of Transportation, Chapter 17. Vehicle Titles and Registration—Vehicle Emissions Verification System, 43 TAC §17.80, effective November 22, 1993. (ii) Additional materials. (A) SIP narrative plan entitled “Revisions to the State Implementation Plan (SIP) for the Control of Ozone Air Pollution—Inspection/Maintenance SIP for Dallas/Fort Worth, El Paso, Beaumont/Port Arthur, and Houston/Galveston Ozone Nonattainment Areas,” submitted to the EPA on November 12, 1993, and on March 9, 1994 addressing by section: 8(a)(1) Applicability, 8(a)(2) Adequate Tools and Resources, 8(a)(3) I/M Performance Standards, 8(a)(4) Network Type and Program Evaluation, 8(a)(5) Test Frequency and Convenience, 8(a)(6) Vehicle coverage, 8(a)(7) Test Procedures and Standards and Test Equipment, 8(a)(8) Quality Control, 8(a)(9) Quality Assurance, 8(a)(10) Waivers and Compliance Via Diagnostic Inspection, 8(a)(11) Motorist Compliance Enforcement, 8(a)(12) Motorist Compliance Enforcement Program Oversight, 8(a)(13) Enforcement Against Contractors, Stations and Inspectors, 8(a)(14) Compliance with Recall Notices, 8(a)(15) Data Collection, 8(a)(16) Data Analysis and Reporting, 8(a)(17) Inspector Training and Licensing or Certification, 8(a)(18) Public Information, 8(a)(19) Consumer Protection Provisions, 8(a)(20) Improving Repair Effectiveness, 8(a)(21) On-Road Testing, 8(a)(22) State Implementation Plan Submission and Appendices. (B) Letter dated May 4, 1994, from John Hall, Chairman of the Texas Natural Resource Conservation Commission to the EPA, clarifying the State's intent regarding its Executive Director's exemption policy and repair effectiveness program. (88) Revisions to the Texas State Implementation Plan, submitted to EPA on June 8 and November 13, 1992, respectively. These revisions adopt expansion of applicability for Reasonably Available Control Technology (RACT) rules for volatile organic compounds (VOCs) to ensure that all major VOC sources are covered by RACT, to revise the major source definition, and to revise certain monitoring, recordkeeping, and reporting requirements for Victoria County, Texas. (i) Incorporation by reference. (A) Texas Air Control Board Order No. 92–04, as adopted on May 8, 1992. (B) Revisions to the General Rules, as adopted by the Board on May 8, 1992, section 101.1—New definitions for capture efficiency, capture system, carbon adsorber, carbon adsorption system, coating, coating line, control device, control system, pounds of volatile organic compounds (VOC) per gallon of coating (minus water and exempt solvents), pounds of volatile organic compounds (VOC) per gallon of solids, printing line; revised definitions for component, exempt solvent, leak, vapor recovery system, volatile organic compound (VOC). (C) Revisions to Regulation V, as adopted by the Board on May 8, 1992, sections 115.010 (Definitions)—Beaumont/Port Arthur area, Dallas/Fort Worth area, El Paso area, Houston/Galveston area; revised definition for delivery vessel/tank truck tank; 115.112(a), 115.112(a)(3), 115.112(b)(1), 115.112(b)(2), 115.112(b)(2)(A) through 115.112(b)(2)(D), 115.112(b)(2)(E), 115.112(b)(2)(F), 115.112(c), 115.112(c)(3)(A), 115.112(c)(3)(B), 115.113(a) through 115.113(c), 115.114(a), 115.114(b), 115.114(b)(1), 115.114(b)(2), 115.115(a), 115.115(b), 115.115(b)(1) through 115.115(b)(8), 115.116(a), 115.116(a)(4), 115.116(b), 115.116(b)(1) through 115.116(b)(4), 115.117(a), 115.117(b), 115.117(b)(1) through 115.117(b)(6), 115.117(b)(6)(A) through 115.117(b)(6)(C), 115.117(b)(7), 115.117(b)(7)(A) through 115.117(b)(7)(C), 115.117(c), 115.117(c)(1) through 115.117(c)(4), 115.119 introductory paragraph, 115.121(a), 115.121(a)(1), 115.121(a)(1)(C), 115.121(a)(2), 115.121(a)(3), 115.121(b), 115.121(b)(1) through 115.121(b)(3), 115.121(c), 115.121(c)(1), 115.121(c)(2) through 115.121(c)(4), 115.122(a), 115.122(b), 115.122(c), 115.122(c)(1) through 115.122(c)(4), 115.123(a) through 115.123(c), 115.125(a), 115.125(a)(2), 115.125(b), 115.125(b)(1) through 115.125(b)(7), 115.126 introductory paragraph, 115.127(a), 115.127(a)(2), 115.127(a)(3), 115.127(a)(3)(B), 115.127(a)(3)(C), 115.127(a)(4), 115.127(a)(4)(C), 115.127(b), 115.127(b)(1), 115.127(b)(2), 115.127(b)(2)(A) through 115.127(b)(2)(B), 115.127(c), 115.127(c)(1), 115.127(c)(2), 115.127(c)(2)(A) through 115.127(c)(2)(C), 115.129 introductory paragraph, 115.129(1) through 115.129(3), 115.131(a), 115.131(a)(2) through 115.131(a)(4), 115.131(b) through 115.131(c), 115.132(a), 115.132(b), 115.132(b)(1) through 115.132(b)(3), 115.132(c), 115.132(c)(3), 115.133(a) through 115.133(c), 115.135(a), 115.135(b), 115.135(b)(1) through 115.135(b)(6), 115.136(a), 115.136(a)(1), 115.136(a)(2), 115.136(a)(2)(A) through 115.136(a)(2)(D), 115.136(a)(3), 115.136(a)(4), 115.136(b), 115.137(a), 115.137(a)(1) through 115.137(a)(4), 115.137(b), 115.137(b)(1) through 115.137(b)(4), 115.137(c), 115.137(c)(1) through 115.137(c)(3), 115.139 introductory paragraph, 115.139(1), 115.139(2), 115.211 introductory paragraph, 115.211(1)(A), 115.211(1)(B), 115.211(2), 115.212(a), 115.212(a)(4), 115.212(a)(5), 115.212(b), 115.212(b)(1), 115.212(b)(2), 115.212(b)(2)(A), 115.212(b)(2)(B), 115.212(b)(3), 115.212(b)(3)(A) through 115.212(b)(3)(C), 115.212(c), 115.212(c)(1), 115.213(a) through 115.213(c), 115.214(a), 115.214(a)(3), 115.214(a)(4), 115.214(b), 115.214(b)(1), 115.214(b)(2), 115.215(a), 115.215(b), 115.215(b)(1) through 115.215(b)(8), 115.216 introductory paragraph, 115.216(4), 115.217(a), 115.217(a)(2) through 115.217(a)(4), 115.217(b), 115.217(b)(1) through 115.217(b)(3), 115.217(c), 115.217(c)(3), 115.219 introductory paragraph, 115.219(1) through 115.219(6), 115.221 introductory paragraph, 115.222 introductory paragraph, 115.222(6), 115.223 introductory paragraph, 115.224 introductory paragraph, 115.224(2), 115.225 introductory paragraph, 115.226 introductory paragraph, 115.227 introductory paragraph, 115.229 introductory paragraph, 115.234 introductory paragraph, 115.235 introductory paragraph, 115.236 introductory paragraph, 115.239 introductory paragraph, 115.311(a), 115.311(a)(1), 115.311(a)(2), 115.311(b), 115.311(b)(1), 115.311(b)(2), 115.312(a), 115.312(a)(2), 115.312(b), 115.312(b)(1), 115.312(b)(1)(A), 115.312(b)(1)(B), 115.312(b)(2), 115.313(a) through 115.313(b), 115.315(a), 115.315(b), 115.315(b)(1) through 115.315(b)(7), 115.316 introductory paragraph, 115.316(1), 115.316(2), 115.316(3), 115.317 introductory paragraph, 115.319 introductory paragraph, 115.319(1), 115.319(2), 115.322(a), 115.322(b), 115.322(b)(1) through 115.322(b)(5), 115.323(a), 115.323(a)(2), 115.323(b), 115.323(b)(1), 115.323(b)(2), 115.324(a), 115.324(a)(4), 115.324(b), 115.324(b)(1), 115.324(b)(1)(A) through 115.324(b)(1)(D), 115.324(b)(2), 115.324(b)(2)(A) through 115.324(b)(2)(C), 115.324(b)(3) through 115.324(b)(8), 115.324(b)(8)(A), 115.324(b)(8)(A)(i), 115.324(b)(8)(A)(ii), 115.324(b)(8)(B), 115.325(a), 115.325(b), 115.325(b)(1) through 115.325(b)(3), 115.326(a), 115.326(a)(2), 115.326(b), 115.326(b)(1), 115.326(b)(2), 115.326(b)(2)(A) through 115.326(b)(2)(I), 115.326(b)(3), 115.326(b)(4), 115.327(a), 115.327(a)(2), 115.327(a)(4), 115.327(a)(5), 115.327(b), 115.327(b)(1), 115.327(b)(1)(A) through 115.327(b)(1)(C), 115.327(b)(2) through 115.327(b)(6), 115.329 introductory paragraph, 115.332 introductory paragraph, 115.333 introductory paragraph, 115.334 introductory paragraph, 115.334(3), 115.334(3)(A), 115.335 introductory paragraph, 115.336 introductory paragraph, 115.337 introductory paragraph, 115.337(2) through 115.337(4), 115.337(4)(E), 115.339 introductory paragraph, 115.342 introductory paragraph, 115.343 introductory paragraph, 115.344 introductory paragraph, 115.345 introductory paragraph, 115.346 introductory paragraph, 115.347 introductory paragraph, 115.347(3), 115.349 introductory paragraph, 115.412(a), 115.412(a)(1)(F)(iv), 115.412(a)(3)(I), 115.412(a)(3)(I)(viii), 115.412(b), 115.412(b)(1), 115.412(b)(1)(A), 115.412(b)(1)(A)(i) through 115.412(b)(1)(A)(iii), 115.412(b)(1)(B) through 115.412(b)(1)(F), 115.412(b)(1)(F)(i) through 115.412(b)(1)(F)(iv), 115.412(b)(2), 115.412(b)(2)(A), 115.412(b)(2)(B), 115.412(b)(2)(B)(i) through 115.412(b)(2)(B)(iii), 115.412(b)(2)(C), 115.412(b)(2)(D), 115.412(b)(2)(D)(i) through 115.412(b)(2)(D)(iv), 115.412(b)(2)(E), 115.412(b)(2)(F), 115.412(b)(2)(F)(i) through 115.412(b)(2)(F)(xiii), 115.412(b)(3), 115.412(b)(3)(A), 115.412(b)(3)(A)(i), 115.412(b)(3)(A)(ii), 115.412(b)(3)(B) through 115.412(b)(3)(I), 115.412(b)(3)(I)(i) through 115.412(b)(3)(I)(viii), 115.413(a), 115.413(a)(1), 115.413(a)(2), 115.413(b), 115.413(b)(1), 115.413(b)(2), 115.415(a), 115.415(a)(1), 115.415(a)(2), 115.415(b), 115.415(b)(1), 115.415(b)(1)(A), 115.415(b)(1)(B), 115.415(b)(2), 115.415(b)(2)(A) through 115.415(b)(2)(E), 115.416(a), 115.416(b), 115.416(b)(1), 115.416(b)(2), 115.417(a), 115.417(a)(1) through 115.417(a)(6), 115.417(b), 115.417(b)(1) through 115.417(b)(6), 115.419(a) through 115.419(b), 115.421(a), 115.421(a)(8), 115.421(a)(8)(A), 115.421(a)(8)(B), 115.421(a)(8)(C), 115.421(a)(9), 115.421(a)(9)(v), 115.421(a)(11), 115.421(b), 115.421(b)(1) through 115.421(b)(9), 115.421(b)(9)(A), 115.421(b)(9)(A)(i) through 115.421(b)(9)(A)(iv), 115.421(b)(9)(B), 115.421(b)(9)(C), 115.421(b)(10), 115.422(a), 115.422(a)(1), 115.422(a)(2), 115.423(a), 115.423(a)(3), 115.423(a)(4), 115.423(b), 115.423(b)(1) through 115.423(b)(4), 115.424(a), 115.424(a)(1) through 115.424(a)(3), 115.424(a)(2), 115.424(b), 115.424(b)(1), 115.424(b)(2), 115.425(a), 115.425(a)(1), 115.425(a)(2), 115.425(a)(3), 115.425(a)(3)(B), 115.425(a)(4)(C)(ii), 115.425(b), 115.424(b)(1), 115.424(b)(1)(A) through 115.425(b)(1)(E), 115.425(b)(2), 115.424(b)(2)(A) through 115.425(b)(2)(E), 115.426(a), 115.426(a)(1), 115.426(a)(1)(C), 115.426(a)(2), 115.426(a)(2)(B), 115.426(a)(3), 115.426(a)(4), 115.426(b), 115.426(b)(1), 115.426(b)(1)(A) through 115.426(b)(1)(D), 115.426(b)(2), 115.426(b)(2)(A), 115.426(b)(2)(A)(i) through 115.426(b)(2)(A)(iv), 115.426(b)(2)(B), 115.426(b)(2)(C), 115.426(b)(3), 115.427(a), 115.427(a)(1), 115.427(a)(2), 115.427(a)(2)(A), 115.427(a)(2)(B), 115.427(a)(3), 115.427(a)(4), 115.427(a)(5), 115.427(a)(5)(A), 115.427(a)(5)(B), 115.426(a)(6), 115.427(b), 115.427(b)(1), 115.427(b)(2), 115.427(b)(2)(A) through 115.427(b)(2)(E), 115.427(b)(3), 115.427(b)(3)(A) through 115.427(b)(3)(C), 115.429(a) through 115.429(c), 115.432(a), 115.432(a)(2), 115.432(a)(3), 115.432(b), 115.432(b)(1) through 115.432(b)(3), 115.432(b)(3)(A) through 115.432(b)(3)(C), 115.433(a), 115.433(b), 115.435(a), 115.435(a)(6), 115.435(a)(7), 115.435(a)(7)(C)(ii), 115.435(a)(8), 115.435(b), 115.435(b)(1) through 115.435(b)(7), 115.436(a), 115.436(a)(1), 115.436(a)(2), 114.436(a)(4) through 115.436(a)(6), 115.436(b), 115.436(b)(1) through 115.436(b)(3), 115.436(b)(3)(A) through 115.436(b)(3)(C), 115.436(b)(4), 115.436(b)(5), 115.437(a), 115.437(a)(1) through 115.437(a)(4), 115.437(b), 115.439(a) through 115.439(c), 115.512 introductory paragraph, 115.512 (1) through 115.512(3), 115.513 introductory paragraph, 115.515 introductory paragraph, 115.516 introductory paragraph, 115.517 introductory paragraph, 115.519(a) through 115.519(b), 115.531(a), 115.531(a)(2), 115.531(a)(3), 115.531(b), 115.531(b)(1) through 115.531(b)(3), 115.532(a), 115.532(a)(4), 115.532(a)(5), 115.532(b), 115.532(b)(1)(A), 115.532(b)(1)(B), 115.532(b)(2), 115.532(b)(3), 115.532(b)(3)(A), 115.532(b)(3)(B), 115.532(b)(4), 115.533(a), 115.533(b), 115.534(a), 115.534(b), 115.534(b)(1), 115.534(b)(2), 115.535(a), 115.535(b), 115.535(b)(1) through 115.535(b)(6), 115.536(a), 115.536(a)(1), 115.536(a)(2), 115.536(a)(3), 115.536(a)(4), 115.536(b), 115.536(b)(1), 115.536(b)(2), 115.536(b)(2)(A), 115.536(b)(2)(A)(i) through 115.536(b)(2)(A)(iii), 115.536(b)(2)(B), 115.536(b)(3), 115.536(b)(3)(A), 115.536(b)(3)(B), 115.536(b)(4), 115.536(b)(5), 115.537(a), 115.537(a)(1) through 115.537(a)(7), 115.537(b), 115.537(b)(1) through 115.537(b)(5), 115.539(a), 115.539(b), 115.612 introductory paragraph, 115.613 introductory paragraph, 115.614 introductory paragraph, 115.615 introductory paragraph, 115.615(1), 115.617 introductory paragraph, 115.617(1), 115.619 introductory paragraph. (D) Texas Air Control Board Order No. 92–16, as adopted on October 16, 1992. (E) Revisions to the General Rules, as adopted by the Board on October 16, section 101.1: Introductory paragraph, new definition for extreme performance coating; revised definitions for gasoline bulk plant, paragraph vii of miscellaneous metal parts and products coating, mirror backing coating, volatile organic compound. (F) Revisions to Regulation V, as adopted by the Board on October 16, 1992, sections 115.010—new definition for extreme performance coating; revised definitions for gasoline bulk plant, paragraph vii of miscellaneous metal parts and products coating, mirror backing coating, and volatile organic compound; 115.116 title (Monitoring and Recordkeeping Requirements), 115.116(a)(2), 115.116(a)(3), 115.116(a)(3)(A) through 115.116(a)(3)(C), 115.116(a)(5), 115.116(b)(2), 115.116(b)(3), 115.116(b)(3)(A) through 115.116(b)(3)(D), 115.116(b)(4), 115.116(b)(5), 115.119(a), 115.119(b), 115.126 title (Monitoring and Recordkeeping Requirements), 115.126(a), 115.126(a)(1)(A), 115.126(a)(1)(C), 115.126(a)(1)(E), 115.126(b), 115.126(b)(1), 115.126(b)(1)(A) through 115.126(b)(1)(E), 115.126(b)(2), 115.126(b)(2)(A) through 115.126(b)(2)(D), 115.126(b)(3), 115.126(b)(3)(A), 115.126(b)(3)(B), 115.127(a)(4)(A) through 115.127(a)(4)(C), 115.129(a), 115.129(a)(1), 115.129(b), 115.136 title (Monitoring and Recordkeeping Requirements), 115.136(a)(4), 115.136(b), 115.136(b)(1), 115.136(b)(2), 115.136(b)(2)(A) through 115.136(b)(2)(D), 115.136(b)(3), 115.136(b)(4), 115.139(a), 115.139(b), 115.211(a), 115.211(b), 115.215(a), 115.215(b), 115.216 title (Monitoring and Recordkeeping Requirements), 115.216(a), 115.216(a)(2)(A) through 115.216(a)(2)(C), 115.216(a)(5), 115.216(b), 115.216(b)(1), 115.216(b)(2), 115.216(b)(2)(A) through 115.216(b)(2)(D), 115.216(b)(3), 115.216(b)(3)(A), 115.216(b)(3)(B), 115.216(b)(4), 115.217(a)(6), 115.219(a)(1) through 115.219(a)(4), 115.219(b), 115.316 title (Monitoring and Recordkeeping Requirements), 115.316(a), 115.316(a)(1)(A), 115.316(a)(1)(C), 115.316(a)(4), 115.316(b), 115.316(b)(1), 115.316(b)(1)(A) through 115.316(b)(1)(D), 115.316(b)(2), 115.316(b)(2)(A) through 115.316(b)(2)(C), 115.316(b)(3), 115.316(b)(4), 115.319(a)(1), 115.319(a)(2), 115.319(b), 115.421(a), 115.421(a)(12), 115.421(a)(12)(A), 115.421(a)(12)(A)(i), 115.421(a)(12)(A)(ii), 115.421(a)(12)(B), 115.425(a)(4)(C)(ii), 115.426 title (Monitoring and Recordkeeping Requirements), 115.426(a)(2), 115.426(a)(2)(A)(i), 115.426(b)(2), 115.426(b)(2)(i), 115.427(a)(5)(C), 115.427(a)(6), 115.427(a)(6)(A) through 115.427(a)(6)(C), 115.427(a)(7), 115.429(d), 115.436 title (Monitoring and Recordkeeping Requirements), 115.436(a)(3), 115.436(a)(3)(C), 115.436(b), 115.436(b)(3), 115.436(b)(3)(B) through 115.436(b)(3)(D), 115.439(d), 115.536 title (Monitoring and Recordkeeping Requirements), 115.536(a)(1), 115.536(a)(2), 115.536(a)(2)(A), 115.536(a)(2)(A)(ii), 115.536(a)(5), 115.536(b)(1), 115.536(b)(2), 115.536(b)(2)(A), 115.536(b)(2)(A)(ii) through 115.536(b)(2)(A)(iv), 115.539(c). (89) A revision to the Texas State Implementation Plan to adopt an attainment demonstration control strategy for lead which addresses that portion of Collin County owned by GNB. (i) Incorporation by reference. (A) Texas Air Control Board Order Number 92–09 issued and effective October 16, 1992, for settlement of the enforcement action against the GNB facility at Frisco, Texas. (B) Texas Air Control Board Order Number 93–10 issued and effective June 18, 1993, for control of lead emissions from the GNB facility at Frisco, Texas. (C) Texas Air Control Board Order Number 93–12 issued and effective June 18, 1993, establishing contingency measures relating to the GNB facility at Frisco, Texas. (ii) Additional material. (A) The lead attainment demonstration prepared by the State, dated July 1993. (90) A revision to the Texas SIP regarding ozone monitoring. The State of Texas will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements. (i) Incorporation by reference. (A) TNRCC Order Number 93–24 as adopted by the TNRCC November 10, 1993. (B) SIP narrative plan entitled “Revisions to the State Implementation Plan (SIP) for the Control of Ozone Air Pollution” adopted by the TNRCC on November 10, 1993, addressing: 1993 Rate-of-Progress SIP for Dallas/Fort Worth, El Paso, Beaumont/Port Arthur and Houston/Galveston Ozone Nonattainment Areas, Section VI: Control Strategy, B. Ozone Control Strategy, 7. SIP Revisions for 1993 Rate-of-Progress (new.), a. Ozone Control Plan, 1) General, f) Photochemical Assessment Monitoring Stations, page 87, second paragraph, first sentence; third paragraph; fourth paragraph; and, the fifth paragraph which ends on page 88; page 88, first complete paragraph, including numbers (1), (2) and (3). (ii) Additional material. (A) The Texas SIP revision narrative regarding PAMS. (B) TNRCC certification letter dated November 10, 1993, and signed by Gloria A. Vasquez, Chief Clerk, TNRCC. (91)–(92) [Reserved] (93) A revision to the Texas State Implementation Plan (SIP) to include agreed orders limiting sulfur dioxide (SO2) allowable emissions at certain nonpermitted facilities in Harris County, and to include a modeling demonstration showing attainment of the SO2 National Ambient Air Quality Standards, was submitted by the Governor by cover letter dated August 3, 1994. (i) Incorporation by reference. (A) Texas Natural Resource Conservation Commission (TNRCC) Order No. 94–09, as adopted by the TNRCC on June 29, 1994. (B) TNRCC Order No. 94–10 for Anchor Glass Container, as adopted by the TNRCC on June 29, 1994. (C) TNRCC Order No. 94–11 for Crown Central Petroleum Corporation, as adopted by the TNRCC on June 29, 1994. (D) TNRCC Order No. 94–12 for Elf Atochem North America, Inc., as adopted by the TNRCC on June 29, 1994. (E) TNRCC Order No. 94–13 for Exxon Company USA, as adopted by the TNRCC on June 29, 1994. (F) TNRCC Order No. 94–14 for ISK Biosciences Corporation, as adopted by the TNRCC on June 29, 1994. (G) TNRCC Order No. 94–15 for Lyondell Citgo Refining Company, LTD., as adopted by the TNRCC on June 29, 1994. (H) TNRCC Order No. 94–16 for Lyondell Petrochemical Company, as adopted by the TNRCC on June 29, 1994. (I) TNRCC Order No. 94–17 for Merichem Company, as adopted by the TNRCC on June 29, 1994. (J) TNRCC Order No. 94–18 for Mobil Mining and Minerals Company, as adopted by the TNRCC on June 29, 1994. (K) TNRCC Order No. 94–19 for Phibro Energy USA, Inc., as adopted by the TNRCC on June 29, 1994. (L) TNRCC Order No. 94–20 for Shell Chemical and Shell Oil, as adopted by the TNRCC on June 29, 1994. (M) TNRCC Order No. 94–21 for Shell Oil Company, as adopted by the TNRCC on June 29, 1994. (N) TNRCC Order No. 94–22 for Simpson Pasadena Paper Company, as adopted by the TNRCC on June 29, 1994. (ii) Additional material. (A) May 27, 1994, letter from Mr. Norman D. Radford, Jr. to the TNRCC and the EPA Region 6 requesting approval of an equivalent method of monitoring sulfur in fuel and an equivalent method of determining compliance. (B) June 28, 1994, letter from Anthony C. Grigsby, Executive Director, TNRCC, to Crown Central Petroleum Corporation, approving an alternate monitoring and compliance demonstration method. (C) June 28, 1994, letter from Anthony C. Grigsby, Executive Director, TNRCC, to Exxon Company USA, approving an alternate monitoring and compliance demonstration method. (D) June 28, 1994, letter from Anthony C. Grigsby, Executive Director, TNRCC, to Lyondell Citgo Refining Co., LTD., approving an alternate monitoring and compliance demonstration method. (E) June 28, 1994, letter from Anthony C. Grigsby, Executive Director, TNRCC, to Phibro Energy, USA, Inc., approving an alternate monitoring and compliance demonstration method. (F) June 28, 1994, letter from Anthony C. Grigsby, Executive Director, TNRCC, to Shell Oil Company, approving an alternate monitoring and compliance demonstration method. (G) June 8, 1994, letter from Mr. S. E. Pierce, Mobil Mining and Minerals Company, to the TNRCC requesting approval of an alternative quality assurance program. (H) June 28, 1994, letter from Anthony C. Grigsby, Executive Director, TNRCC, to Mobil Mining and Minerals Company, approving an alternative quality assurance program. (I) August 3, 1994, narrative plan addressing the Harris County Agreed Orders for SO2, including emission inventories and modeling analyses (i.e. the April 16, 1993, report entitled “Evaluation of Potential 24-hour SO2 Nonattainment Area in Harris County, Texas-Phase II” and the June, 1994, addendum). (J) TNRCC certification letter dated June 29, 1994, and signed by Gloria Vasquez, Chief Clerk, TNRCC. (94) Revisions to the Texas SIP addressing visible emissions requirements were submitted by the Governor of Texas by letters dated August 21, 1989, January 29, 1991, October 15, 1992 and August 4, 1993. (i) Incorporation by reference. (A) Revisions to Texas Air Control Board (TACB), Regulation I, Section 111.111, “Requirements for Specified Sources;” Subsection 111.111(a) (first paragraph) under “Visible Emissions;” Subsections 111.111(a)(1) (first paragraph), 111.111(a)(1)(A), 111.111(a)(1)(B) and 111.111(a)(1)(E) under “Stationary Vents;” Subsection 111.111(b) (first paragraph) under “Compliance Determination Exclusions;” and Subsections 111.113 (first paragraph), 111.113(1), 111.113(2), and 111.113(3) under “Alternate Opacity Limitations,” as adopted by the TACB on June 16, 1989. (B) TACB Board Order No. 89–03, as adopted by the TACB on June 16, 1989. (C) Revisions to Texas Air Control Board (TACB), Regulation I, Section 111.111, “Requirements for Specified Sources;” Subsections 111.111(a)(4)(A) and 111.111(a)(4)(B)(i) under “Railroad Locomotives or Ships;” Subsections 111.111(a)(5)(A) and 111.111(a)(5)(B)(i) under “Structures;” and Subsections 111.111(a)(6)(A) and 111.111(a)(6)(B)(i) under “Other Sources,” as adopted by the TACB on October 12, 1990. (D) TACB Board Order No. 90–12, as adopted by the TACB on October 12, 1990. (E) Revisions to Texas Air Control Board (TACB), Regulation I, Section 111.111, “Requirements for Specified Sources;” Subsections 111.111(a)(1)(C), 111.111(a)(1)(D), 111.111(a)(1)(F) (first paragraph), 111.111(a)(1)(F)(i), 111.111(a)(1)(F)(ii), 111.111(a)(1)(F)(iii), 111.111(a)(1)(F)(iv), and 111.111(a)(1)(G) under “Stationary Vents;” Subsections 111.111(a)(2) (first paragraph), 111.111(a)(2)(A), 111.111(a)(2)(B), and 111.111(a)(2)(C) under “Sources Requiring Continuous Emissions Monitoring;” Subsection 111.111(a)(3) (first paragraph) under “Exemptions from Continuous Emissions Monitoring Requirements;” Subsection 111.111(a)(4), “Gas Flares,” title only; Subsection 111.111(a)(5) (first paragraph) under “Motor Vehicles;” Subsections 111.111(a)(6)(A), 111.111(a)(6)(B) (first paragraph), 111.111(a)(6)(B)(i) and 111.111(a)(6)(B)(ii) under “Railroad Locomotives or Ships” (Important note, the language for 111.111(a)(6)(A) and 111.111(a)(6)(B)(i) was formerly adopted as 111.111(a)(4)(A) and 111.111(a)(4)(B)(i) on October 12, 1990); Subsections 111.111(a)(7)(A), 111.111(a)(7)(B) (first paragraph), 111.111(a)(7)(B)(i) and 111.111(a)(7)(B)(ii) under “Structures” (Important note, the language for 111.111(a)(7)(A) and 111.111(a)(7)(B)(i) was formerly adopted as 111.111(a)(5)(A) and 111.111(a)(5)(B)(i) on October 12, 1990); and Subsections 111.111(a)(8)(A), 111.111(a)(8)(B) (first paragraph), 111.111(a)(8)(B)(i) and 111.111(a)(8)(B)(ii) under “Other Sources” (Important note, the language for 111.111(a)(8)(A) and 111.111(a)(8)(B)(i) was formerly adopted as 111.111(a)(6)(A) and 111.111(a)(6)(B)(i) on October 12, 1990), as adopted by the TACB on September 18, 1992. (F) TACB Board Order No. 92–19, as adopted by the TACB on September 18, 1992. (G) Revisions to Texas Air Control Board (TACB), Regulation I, Section 111.111, “Requirements for Specified Sources;” Subsections 111.111(a)(4)(A) (first paragraph), 111.111(a)(4)(A)(i), 111.111(a)(4)(A)(ii), and 111.111(a)(4)(B) under “Gas Flares,” as adopted by the TACB on June 18, 1993. (H) TACB Board Order No. 93–06, as adopted by the TACB on June 18, 1993. (ii) Additional material. (A) TACB certification letter dated July 27, 1989, and signed by Allen Eli Bell, Executive Director, TACB. (B) TACB certification letter dated January 9, 1991, and signed by Steve Spaw, Executive Director, TACB. (C) TACB certification letter dated October 1, 1992, and signed by William Campbell, Executive Director, TACB. (D) TACB certification letter dated July 13, 1993, and signed by William Campbell, Executive Director, TACB. (95) Alternative emission reduction (bubble) plan for the Shell Oil Company's Deer Park manufacturing complex submitted to the EPA by the Governor of Texas in a letter dated July 26, 1993. (i) Incorporation by reference. (A) TACB Order 93–11, as adopted by the TACB on June 18, 1993. (B) SIP narrative entitled, “Site-Specific State Implementation Plan,” section IV.H.1.b., attachment (4), entitled, “Alternate Emission Reduction (“Bubble”) Plan Provisions for Uncontrolled Vacuum-Producing Vents, Shell Oil Company, Deer Park Manufacturing Complex, HG–0659–W,” adopted by the TACB on June 18, 1993. (ii) Additional material. (A) SIP narrative entitled, “Site-Specific State Implementation Plan,” section IV.H.1.b., adopted by the TACB on June 18, 1993. (B) TACB certification letter dated July 5, 1993, and signed by William R. Campbell, Executive Director, TACB. (96) A revision to the Texas State Implementation Plan for Transportation Conformity: Regulation 30 TAC Chapter 114 “Control of Air Pollution from Motor Vehicles”, Section 114.27 “Transportation Conformity” as adopted by the Texas Natural Resource Conservation Commission (TNRCC) on October 19, 1994, was submitted by the Governor on November 6, 1994. No action is taken on a portion of 30 TAC 114.27(c) that contains provisions of 40 CFR 51.448. (i) Incorporation by reference. (A) The TNRRC 30 TAC Chapter 114 “Control of Air Pollution from Motor Vehicles”, 114.27 “Transportation Conformity” as adopted by the TNRCC on October 19, 1994. No action is taken on a portion of 30 TAC 114.27(c) that contains provisions of 40 CFR 51.448. (B) TNRCC order No. 94–40 as passed and approved on October 12, 1994. (ii) Additional material. None. (97) Revisions to the Texas SIP addressing revisions to the Texas Air Control Board (TACB) General Rules, 31 Texas Administrative Code (TAC) Chapter 101, “General Rules”, section 101.1, “Definitions”, and revisions to TACB Regulation VI, 31 TAC Chapter 116, “Control of Air Pollution by Permits for New Construction or Modification,” were submitted by the Governor of Texas by letters dated December 11, 1985, October 26, 1987, February 18, 1988, September 29, 1988, December 1, 1989, September 18, 1990, November 5, 1991, May 13, 1992, November 13, 1992, and August 31, 1993. (i) Incorporation by reference. (A) Revisions to TACB Regulation VI, 31 TAC Chapter 116, sections 116.2 and 116.10(a)(4), as adopted by the TACB on July 26, 1985. (B) TACB Board Order No. 85–07, as adopted by the TACB on July 26, 1985. (C) Amended TACB Regulation VI, 31 TAC Chapter 116, section 116.10(a)(3) as adopted by the TACB on July 17, 1987. (D) TACB Board Order No. 87–09, as adopted by the TACB on July 17, 1987. (E) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 116.10(a)(1), 116.10(c)(1), 116.10(c)(1)(A), 116.10(c)(1)(B), 116.10(c)(1)(C) and 116.10(f), as adopted by the TACB on December 18, 1987. (F) TACB Board Order No. 87–17, as adopted by the TACB on December 18, 1987. (G) Amended TACB Regulation VI, 31 TAC Chapter 116, redesignation of section 116.1 to 116.1(a), revision to section 116.1(b), and redesignation of 116.10(a)(6) to 116.10(a)(7), as adopted by the TACB on July 15, 1988. (H) TACB Board Order No. 88–08, as adopted by the TACB on July 15, 1988. (I) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 116.1(a), 116.3(f), 116.5, 116.10(a)(7), 116.10(b)(1), 116.10(d), 116.10(e), 116.11(b)(3), 116.11(e), and 116.11(f), as adopted by the TACB on August 11, 1989. (J) TACB Board Order No. 89–06, as adopted by the TACB on August 11, 1989. (K) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 116.1(c), 116.3(a)(1), 116.3(a)(1)(A), and 116.3(a)(1)(B), as adopted by the TACB on May 18, 1990. (L) TACB Board Order No. 90–05, as adopted by the TACB on May 18, 1990. (M) Amended TACB Regulation VI, 31 TAC Chapter 116, section 116.1(a)(15), as adopted by the TACB on September 20, 1991. (N) TACB Board Order No. 91–10, as adopted by the TACB on September 20, 1991. (O) Revisions to TACB General Rules, 31 TAC Chapter 101 to add definitions of “actual emissions”; “allowable emissions”; “begin actual construction”; “building, structure, facility, or installation”; “commence”; “construction”; “de minimis threshold”; “emissions unit”; “federally enforceable”; “necessary preconstruction approvals or permits”; “net emissions increase”; “nonattainment area”; “reconstruction”; “secondary emissions”; and “synthetic organic chemical manufacturing process” and to modify definitions of “fugitive emission”; “major facility/stationary source”; and “major modification” (except for Table I), as adopted by the TACB on May 8, 1992. (P) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 116.3(a)(1), (3), (4), (5), (7), (8), (9), (10), (11), (12), and (13); 116.3(c)(1); and 116.11(b)(4), as adopted by the TACB on May 8, 1992. (Q) TACB Board Order No. 92–06, as adopted by the TACB on May 8, 1992. (R) Amended TACB Regulation VI, 31 TAC Chapter 116, sections 116.3(a); 116.3(a)(7) and (10); 116.3(c); and 116.14 as, adopted by the TACB on October 16, 1992. (S) TACB Board Order No. 92–18, adopted by the TACB on October 16, 1992. (T) Amended TACB Regulation VI, 31 TAC Chapter 116, Table I, as adopted in section 116.012 by the TACB on August 16, 1993, is approved and incorporated into section 101.1 in lieu of Table I adopted May 8, 1992. (U) TACB Board Order No. 93–17, as adopted by the TACB on August 16, 1993 (ii) Additional materials—None. (98)–(99) [Reserved] (100) A revision to the Texas State Implementation Plan (SIP) to adopt an alternate control strategy for the surface coating processes at the Bell Helicopter Textron, Incorporated (Bell) Plant 1 Facility. (i) Incorporation by reference. (a) Texas Natural Resource Conservation Commission Agreed Order for Docket No. 95–1642–SIP, issued and effective April 2, 1996, for Bell's Plant 1 facility. (b) A letter from the Governor of Texas dated April 18, 1996, submitting to the EPA the Agreed Order and the site-specific SIP revision for Bell. (ii) Additional material. (a) The site-specific revision to the Texas State Implementation Plan for Bell, dated January 16, 1996. (b) The alternate reasonably available control technology demonstration prepared by Bell, dated December 1995. (101) Revisions to Texas Natural Resource Conservation Commission Regulation II and the Texas State Implementation Plan concerning the Control of Air Pollution from Sulfur Compounds, submitted by the Governor by cover letters dated October 15, 1992 and September 20, 1995. These revisions relax the SO2 limit from 3.0 lb/MMBtu to 4.0 lb/MMBtu, and include Agreed Order No. 95–0583–SIP, which stipulates specific SO2 emission limit compliance methodologies for the Aluminum Company of America, located in Rockdale, Texas. (i) Incorporation by reference. (A) Texas Natural Resource Conservation Commission Agreed Order No. 95–0583–SIP, approved and effective on August 23, 1995. (B) Revisions to 30 TAC Chapter 112, Section 112.8 ‘Allowable Emission Rates from Solid Fossil Fuel-Fired Steam Generators,’ Subsections 112.8(a) and 112.8(b) as adopted by the Texas Air Control Board on September 18, 1992, and effective on October 23, 1992. (ii) Additional material. (A) The State submittal entitled, “Revisions to the State Implementation Plan Concerning Sulfur Dioxide in Milam County,” dated July 26, 1995, including Appendices G–2–1 through G–2–6. (B) The document entitled Dispersion Modeling Analysis of ALCOA Rockdale Operations, Rockdale, Texas, dated April 28, 1995 (document No. 1345–05). (102) The Governor of Texas submitted on August 31, 1993, and July 12, 1995, revisions to the Texas State Implementation Plan for Prevention of Significant Deterioration adopted by TACB on August 16, 1993, and by Texas Natural Resource Conservation Commission (TNRCC) on March 1, 1995. The revisions adopted on August 16, 1993, were a comprehensive recodification of and revisions to the existing requirements. The revision adopted on March 1, 1995, amended the recodified Section 116.160(a) to incorporate the PM–10 PSD increments. (i) Incorporation by reference. (A) TACB Board Order Number 93–17, as adopted by TACB on August 16, 1993. (B) Recodified and revised Regulation VI—Control of Air Pollution by Permits for New Construction or Modification, as adopted by TACB on August 16, 1993, Repeal of 31 TAC Sections 116.3(a)(9), 116.3(a)(11), 116.3(a)(12), 116.3(14), and 116.11(b) (1)–(4); New Sections 116.160 introductory paragraph, 116.160 (a)–(d), 116.161, 116.162 introductory paragraph, 116.162 (1)–(4), 116.163 (a)–(e) and 116.141 (a),(c)–(e). (C) Revisions to Regulation VI—Control of Air Pollution by Permits for New Construction or Modification: as adopted by Texas Natural Resource Conservation Commission (TNRCC) on August 16, 1993. New Section 116.010, definition of de minimis impact. (D) Revision to General Rules, as adopted by Texas Natural Resource Conservation Commission (TNRCC) on August 16, 1993, Repeal Section 101.1 definition of de minimis impact. (E) Texas Natural Resource Conservation Commission (TNRCC) Commission Order Docket Number 95–0276–RUL, as adopted by Texas Natural Resource Conservation Commission (TNRCC) on March 1, 1995. (F) Revision to Regulation VI—Control of Air Pollution by Permits for New Construction or Modification, revised 30 TAC Section 116.160(a), as adopted by Texas Natural Resource Conservation Commission (TNRCC) on March 1, 1995. (103) Revisions to the Texas SIP addressing VOC RACT Negative Declarations. A revision to the Texas SIP was submitted on January 10, 1996, which included negative declarations for various categories. Section 172(c)(1) of the Clean Air Act Amendments of 1990 requires nonattainment areas to adopt, at a minimum, the reasonably available control technology (RACT) to reduce emissions from existing sources. Pursuant to section 182(b)(2) of the Act, for moderate and above ozone nonattainment areas, the EPA has identified 13 categories for such sources and developed the Control Technique Guidelines (CTGs) or Alternate Control Techniques (ACTs) documents to implement RACT at those sources. When no major volatile organic compound (VOC) sources for a source category exist in a nonattainment area, a State may submit a negative declaration for that category. Texas submitted negative declarations for the areas and source categories listed in this paragraph (c)(103). For the Beaumont/Port Arthur region, negative declarations were submitted for the following eight categories: clean-up solvents, aerospace coatings, shipbuilding and repair, wood furniture, plastic part coatings-business machines, plastic part coatings-others, autobody refinishing, and offset lithography. For Dallas/Fort Worth, negative declarations were submitted for six categories: industrial wastewater, clean-up solvents, shipbuilding and repair, autobody refinishing, plastic part coatings-business machines, and offset lithography. For the Houston/Galveston area, negative declarations were submitted for seven categories: clean-up solvents, aerospace coatings, wood furniture, plastic part coatings-business machines, plastic part coatings-others, autobody refinishing, and offset lithography. For El Paso, negative declarations were submitted for nine categories: industrial wastewater, clean-up solvents, aerospace coatings, shipbuilding and repair, wood furniture, plastic part coatings-business machines, plastic part coatings-others, autobody refinishing, and offset lithography. This submittal satisfies section 182(b)(2) of the Clean Air Act Amendments of 1990 for these particular CTG/ACT source categories for the Texas ozone nonattainment areas stated in this paragraph (c)(103). (i) Incorporation by reference. The letter dated January 10, 1996, from the Governor of Texas to the Regional Administrator, submitting the Post-1996 Rate of Progress Plan as a revision to the SIP, which included VOC RACT negative declarations. (ii) Additional material. Pages 53, 55 through 59, 61, 63, and 64 of the Post-1996 Rate of Progress Plan, adopted by the Texas Natural Resource Conservation Commission on December 13, 1995. (104) Revisions to the Texas State Implementation Plan, submitted to the EPA in letters dated November 13, 1993, May 9, 1994, August 3, 1994, and November 14, 1994. These control measures can be found in the 15 Percent Plans for the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso and Houston/Galveston ozone nonattainment areas. These control measures are being approved for the purpose of strengthening of the SIP. (i) Incorporation by reference. (A) Revisions to the General Rules as adopted by the Texas Natural Resource Conservation Commission on November 10, 1993; Section 101.1—New Definitions for Alcohol Substitutes (used in offset lithographic printing), Automotive basecoat/clearcoat system (used in automobile refinishing), Automotive precoat (used in automobile refinishing), Automotive pretreatment (used in automobile refinishing), Automotive sealers (used in automobile refinishing), Automotive specialty coatings (used in automobile refinishing), Automotive three-stage system (used in automobile refinishing), Batch (used in offset lithographic printing), Cleaning solution (used in offset lithographic printing), Fountain Solution (used in offset lithographic printing), Hand-held lawn and garden and utility equipment, Heatset (used in Offset lithographic Printing), HVLP spray guns, Industrial Solid Waste introductory paragraph and (A)–(C), Lithography (used in offset lithographic printing), Marine terminal, Marine vessel, Municipal solid waste facility, Municipal solid waste landfill, Municipal solid waste landfill emissions, Non-heatset (used in offset lithographic printing), Offset lithography, Sludge, Solid waste introductory paragraph and (A)–(C), Synthetic Organic Chemical Manufacturing Industry batch distillation operation, Synthetic Organic Chemical Manufacturing Industry batch process, Synthetic Organic Chemical Manufacturing Industry distillation operation, Synthetic Organic Chemical Manufacturing Industry distillation unit, Synthetic Organic Chemical Manufacturing Industry reactor process, Transport vessel, Utility engines, Vapor recovery system, VOC introductory paragraph and (A)–(D). (B) Revisions to Regulation V, as adopted by the Commission on November 10, 1993; Section 115.010. new definitions for Alcohol substitutes (used in offset lithographic printing), Automotive basecoat/clearcoat system (used in automobile refinishing), Automotive precoat (used in automobile refinishing), Automotive pretreatment (used in automobile refinishing), Automotive sealers (used in automobile refinishing), Automotive specialty coatings (used in automobile refinishing), Automotive three-stage system (used in automobile refinishing), Batch (used in offset lithographic printing), Cleaning solution (used in offset lithographic printing), Fountain Solution (used in offset lithographic printing), Hand-held lawn and garden and utility equipment, Heatset (used in Offset lithographic Printing), High-volume low-pressure spray guns, Industrial solid waste introductory paragraph and (A)–(C), Leakless Valve, Lithography (used in offset lithographic printing) Marine terminal, Marine vessel, Municipal solid waste facility, Municipal solid waste landfill, Municipal solid waste landfill emissions, Non-heatset (used in offset lithographic printing), Offset lithography, Owner or operator of a motor vehicle dispensing facility (as used in §§115.241–115.249 of this title, relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Fuel Dispensing Facilities), Sludge, Solid waste introductory paragraph and (A)–(C), Synthetic Organic Chemical Manufacturing Industry batch distillation operation, Synthetic Organic Chemical Manufacturing Industry batch process, Synthetic Organic Chemical Manufacturing Industry distillation operation, Synthetic Organic Chemical Manufacturing Industry distillation unit, Synthetic Organic Chemical Manufacturing Industry reactor process, Transport vessel, Utility Engines, Vapor recovery system, Volatile Organic Compound introductory and (A)–(D). Revised sections 115.121(a)(1), 115.121(a)(2), 115.121(a)(3), 115.121(a)(4), 115.122(a)(2), 115.122(a)(3), 115.122(a)(3)(A), 115.122(a)(3)(B), 115.123(a), 115.123(a)(1), 115.123(a)(2), 115.126(a)(1), 115.126(a)(1)(C), 115.126(b)(1)(C), 115.127(a)(1), 115.127(a)(2), 115.127(a)(3), 115.127(a)(4), 115.127(a)(5), 115.127(a)(5)(A), 115.127(a)(5)(B), 115.127(a)(5)(C), 115.129(a)(1), 115.129(a)(2), 115.129(a)(3), 115.129(a)(4), 115.152(a)(2), 115.152(a)(2)(A)–115.152(a)(2)(C), 115.152(a)(3), 115.152(b), 115.152(b)(1), 115.152(b)(2), 115.152(b)(3), 115.155 introductory paragraph, 115.155(1), 115.155(4), 115.155(5), 115.155(6), 115.155(7), 115.155(9), 115.156(1), 115.156(3), 115.156(3)(B), 115.156(3)(C), 115.156(3)(D),115.156(3)(D)(i)–115.156(3)(D)(iii), 115.156(3)(E), 115.156(3)(E)(i), 115.156(3)(E)(ii), 115.211(a)(1), 115.211(b), 115.212(a)(1), 115.212(a)(2), 115.212(a)(3), 115.212(a)(4), 115.212(a)(5)(A), 115.212(a)(5)(A)(i), 115.212(a)(5)(A)(ii), 115.212(a)(5)(B), 115.212(a)(6), 115.212(a)(7), previously approved 115.212(a)(4)(A) now redesignated 115.212(a)(8)(A), 115.212(a)(8)(B), 115.212(a)(8)(C), 115.212(a)(9)(A)–115.212(a)(9)(D), 115.212(a)(10)(A), 115.212(a)(10)(B), 115.212(b), 115.212(b)(1), 115.212(b)(2), 115.212(b)(3),115.212(b)(3)(A), 115.212(b)(3)(A)(i), 115.212(b)(3), 115.217(a)(11)(B) (note that 115.217(a)(11)(A) and 115.217(a)(11)(B) were moved to 115.217(a)(9)(A) and 115.217(a)(9)(B) in the May 9, 1994 adoption without revisions, 115.217(b)(1), 115.217(b)(2)(A)–115.217(b)(2)(C), 115.217(b)(3), 115.217(b)(4), 115.217(b)(4)(A)–115.217(b)(4)(C), 115.217(b)(5), 115.217(b)(5)(A), 115.217(b)(5)(B), 115.217(c)(1), 115.217(c)(2)(A)–115.217(c)(2)(C), 115.217(c)(3), 115.217(c)(4), 115.217(c)(4)(A)–115.217(c)(4)(C), 115.217(c)(5), 115.217(c)(5)(A), 115.217(c)(5)(B), 115.219(b), 115.222(1), 115.222(5), 115.222(6), 115.222(7), 115.222(8), 115.222(9), 115.222(10), 115.222(11), 115.226 introductory paragraph, 115.226(1), 115.226(2), 115.226(2)(A), 115.226(2)(B), 115.227(1), 115.227(2), 115.227(3), 115.227(3)(A), 115.227(3)(B), 115.229(a), 115.229(b), 115.229(c), 115.229(c)(1), 115.229(c)(2), 115.234 introductory paragraph, 115.234(1), 115.234(2), 115.235(1), 115.235(4), 115.236 introductory paragraph, 115.236(1), 115.237(1), 115.237(2), 115.237(3), 115.239(a), 115.239(b), 115.242(1), 115.242(1)(A), 115.242(1)(B), 115.242(2), 115.242(2)(A)–115.242(2)(F), 115.242(3), 115.242(3)(A), 115.242(3)(B), 115.242(3)(C), 115.242(3)(C)(i)–115.242(3)(C)(iii), 115.242(3)(D)–115.242(3)(K), 115.242(4), 115.242(5), 115.242(6), 115.242(7), 115.242(8), 115.242(9), 115.242(9)(A)–115.242(9)(C), 115.242(10), 115.242(10)(A), 115.242(10)(B), 115.242(11), 115.242(12), 115.242(12)(A)–115.242(12)(C), 115.243 introductory paragraph, 115.243(1), 115.243(2), 115.244 introductory paragraph, 115.244(1), 115.244(2), 115.244(3), 115.244(4), 115.245 introductory paragraph, 115.245(1), 115.245(1)(A), 115.245(1)(A)(i)–115.245(1)(A)(iv), 115.245(1)(B), 115.245(1)(C), 115.245(1)(D), 115.245(2), 115.245(3),115.245(3)(A)–115.245(3)(C), 115.245(4), 115.245(5), 115.245(5)(A), 115.245(5)(B), 115.245(6), 115.246(1), 115.246(2), 115.246(3), 115.246(4), 115.246(5), 115.246(6), 115.246(7), 115.246(7)(A), 115.246(7)(B), 115.247(2), 115.248(1), 115.248(1)(A), 115.248(1)(B), 115.248(3), 115.248(3)(A)–115.248(3)(E), 115.248(4), 115.248(4)(A), 115.248(4)(B), 115.248(4)(B)(i), 115.248(4)(B)(ii), 115.249(1), 115.249(2),115.249(3), 115.249(4), 115.324(a)(8)(A)(iii), 115.334(3)(A)(iii). New sections 115.352, 115.353, 115.354, 115.355, 115.356, 115.357, and 115.359. Revised sections 115.421(a)(8)(B), 115.421(a)(8)(B)(i), 115.421(a)(8)(C), 115.421(a)(8)(C)(i)–115.421(a)(8)(C)(ix), 115.421(a)(8)(D), 115.421(a)(11), 115.422 introductory paragraph, 115.422(1), 115.422(2), 115.426(a)(1)(B), 115.426(a)(2)(A)(iii), 115.426(b)(1)(B), 115.426(b)(2)(A)(iii), 115.427(a)(1)(B), 115.427(a)(2), 115.427(a)(3), 115.427(a)(4), 115.427(a)(4)(A)–115.427(a)(4)(E), 115.427(a)(5), 115.427(a)(6), deletion of 115.427(a)(7), 115.429(a), 115.429(b), 115.429(c). New Subchapter E: Offset Lithography, sections 115.442, 115.443, 115.445, 115.446, 115.449, and new Subchapter F: Miscellaneous Industrial Sources, Degassing or Cleaning of Stationary and Transport Vessels, sections 115.541, 115.542, 115.543, 115.544, 115.545, 115.546, 115.547, 115.549. Revised sections 115.910(b), 115.930, 115.932, 115.940. New Subchapter J: Administrative Provisions, Standard Permits, section 115.950. (C) Texas Natural Resources Conservation Commission Order No. 93–20 as adopted November 10, 1993. (D) Revisions to the General Rules as adopted by the Commission on May 4, 1994; 101.1 new definitions for Alcohol (used in offset lithographic printing), Bakery oven, Clear coat (used in wood parts and products coating), Clear sealers (used in wood parts and products coating), Final repair coat (used in wood parts and products coating), Opaque ground coats and enamels (used in wood parts and products coating), Semitransparent spray stains and toners (used in wood parts and products coating), Semitransparent wiping and glazing stains (used in wood parts and products coating), Shellacs (used in wood parts and products coating), Surface coating processes (M) Wood parts and Products Coating, Topcoat (used in wood parts and products coatings), Varnishes (used in wood parts and products coatings, Wash coat (used in wood parts and products coating). (E) Revisions to Regulation V as adopted by the Commission on May 4, 1994; 115.10 new Definitions for Alcohol (used in offset lithographic printing), Bakery oven, Clear coat (used in wood parts and products coating), Clear sealers (used in wood parts and products coating), Continuous monitoring, Final repair coat (used in wood parts and products coating), Leak-free marine vessel, Marine loading facility, Marine terminal, Opaque ground coats and enamels (used in wood par 115.541(b)(2), 115.541(b)(3), 115.541(b)(4), 115.541(b)(5), 115.542(a), 115.543, 115.544 introductory paragraph, 115.545 introductory paragraph, 115.546 introductory paragraph, 115.547 introductory paragraph, 115.549(a), 115.549(b), 115.549(c), new sections 115.552, 115.553, 115.555, 115.556, 115.557, 115.559, repeal of sections 115.612, 115.613, 115.614, 115.615, 115.617, 115.619, new sections 115.600, 115.610, 115.612, 115.613, 115.614, 115.615, 115.616, 115.617, and 115.619. (F) Texas Natural Resource Conservation Commission Order No. 94–06 as adopted May 4, 1994. (G) Revision to Regulation V as adopted by the Commission on July 13, 1994; new sections 115.901, 115.910, 115.911, 115.912, 115.913, 115.914, 115.915, 115.916, 115.920, 115.923. (H) Texas Natural Resource Conservation Commission Order No. 94–26 as adopted July 13, 1994. (I) Texas Natural Resource Conservation Commission Order No. 94–0676-SIP as adopted November 9, 1994. (ii) Additional material. (A) Appendix A of the Revision to the Texas SIP adopted by the Commission on November 9, 1994 concerning alternate means of control. (105) Revisions to the Texas State Implementation Plan, submitted to EPA in letters dated January 11, 1995; July 12, 1995; November 10, 1995; January 10, 1996; March 13, 1996; August 9, 1996 and May 21, 1997. Sections 115.122(a)(3), 126(a)(4), 126(a)(5), 127(a)(5) and 129(2)–129(5) pertaining to bakeries, 115.140–115.149 pertaining to Industrial Wastewater, 115.421(a)(13) pertaining to wood coating, and 115.152–115.159 pertaining to municipal waste landfills retain their limited approval as revised in these SIP revisions because they strengthen the SIP. All other sections of these SIP revisions receive full approval. (i) Incorporation by Reference. (A) Revisions to the General Rules as adopted by the Texas Natural Resources Conservation Commission (Commission) on January 4, 1995, effective January 27, 1995, Section 101.10(a)(1). (B) Revisions to Regulation V, as adopted by the Commission on January 4, 1995, effective on January 27, 1995, Sections 115.112(c), 115.112(c)(2)(A), 115.112(c)(3), 115.113(a), 115.113(b), 115.113(c), 115.115(a)(7), 115.115(b)(7), 115.116(a)(2), 115.116(a)(2)(A)–115.116(a)(2)(J), 115.117(c), 115.119 introductory paragraph, 115.121(b), 115.122(a)(4)(B), 115.123(a)(1), 115.127(a)(5)(C), 115.127(b)(2)(A), 115.127(b)(2)(B), 115.143 introductory paragraph, 115.147(6), 115.149(a), 115.149(b), 115.159(a), 115.219(c). (C) Certification dated January 4, 1995 that copies of revisions to General Rules and Regulation V adopted by the Commission on January 4, 1995, and submitted to EPA on January 11, 1995, are true and correct copies of documents on file in the permanent records of the Commission. (D) Revisions to Regulation V, as adopted by the Commission on May 24, 1995, effective June 16, 1995, Sections 115.212(a)(1), 115.212(a)(2), 115.212(a)(5)(A)(i), 115.212(a)(5)(A)(ii), 115.212(a)(5)(C), 115.212(a)(5)(C)(i), 115.212(a)(5)(C)(ii), 115.212(a)(5)(D), 115.212(a)(10)(C), 115.212(a)(10)(C)(i), 115.212(a)(10)(C)(ii), 115.212(a)(12)(B), 115.212(b)(1), 115.212(b)(3)(A), 115.212(b)(3)(A)(i), 115.212(b)(3)(A)(ii), 115.212(b)(3)(C), 115.212(c)(1), 115.212(c)(2), 115.212(c)(3)(A), 115.212(c)(3)(A)(i), 115.212(c)(3)(A)(ii), 115.212(c)(3)(C), 115.213(a), 115.213(b), 115.213(c), 115.214(a)(3), 115.214(a)(4), 115.214(a)(4)(A)–115.214(a)(4)(E), 115.214(a)(5), 115.215(a)(7), 115.215(b)(7), 115.216(a)(3)(A), 115.215(a)(3)(B), 115.216(a)(4)(A), 115.216(a)(4)(B), 115.216(a)(5)(A), 115.216(a)(6)(C), 115.217(a)(3), 115.217(a)(4), 115.217(a)(6)(A)–115.217(a)(6)(D), 115.217(b)(2), 115.217(b)(4), 115.217(b)(4)(D), 115.217(b)(5)(C), 115.217(c)(2), 115.217(c)(4)(D), 115.217(c)(5)(C), 115.219 introductory paragraph, 115.219(1), 115.219(2), 115.219(3), 115.219(4), 115.219(5). (E) Certification dated May 24, 1995, that the copy of revisions to Regulation V adopted by the Commission on May 24, 1995, and submitted to EPA on July 12, 1995, is a true and correct copy of the document on file in the permanent records of the Commission. (F) Revisions to Regulation V, as adopted by the Commission on October 25, 1995, effective November 20, 1995, Sections 115.131(a), 115.131(c), 115.132(c), 115.133(a), 115.133(b), 115.133(c), 115.135(a), 115.135(a)(5), 115.135(b), 115.135(b)(5), 115.137(a)(1), 115.137(a)(2), 115.137(a)(3), 115.137(c), 115.137(c)(4), 115.139 introductory paragraph. (G) Certification dated October 25, 1995, that the copy of revisions to Regulation V adopted by the Commission on October 25, 1995, and submitted to EPA on November 10, 1995, is a true and correct copy of the document on file in the permanent records of the Commission. (H) Revisions to Regulation V, as adopted by the Commission on December 6, 1995, effective December 28, 1995, Section 115.612(a)(1) (Table III). (I) Certification dated December 6, 1995, that the copy of revisions to Regulation V adopted by the Commission on December 6, 1995, and submitted to EPA on March 13, 1996, is a true and correct copy of the document on file in the permanent records of the Commission. (J) Revisions to the General Rules as adopted by the Texas Natural Resource Conservation Commission on February 14, 1996, effective March 7, 1996, Section 101.1, definitions of Automotive basecoat/clearcoat system (used in vehicle refinishing (body shops)), Automotive precoat (used in vehicle refinishing (body shops)), Automotive pretreatment (used in vehicle refinishing (body shops)), Automotive primer or primer surfacers (used in vehicle refinishing (body shops)), Automotive sealers (used in vehicle refinishing (body shops)), Automotive specialty coatings (used in vehicle refinishing (body shops)), Automotive three-stage system (used in vehicle refinishing (body shops)), Automotive wipe-down solutions (used in vehicle refinishing (body shops)), Cold solvent cleaning, Conveyorized degreasing, Gasoline bulk plant, Gasoline terminal, High-bake coatings, Low-bake coatings, Mechanical shoe seal, Open-top vapor degreasing, Remote reservoir cold solvent cleaning, Vehicle refinishing (body shops), Volatile organic compound. (K) Revisions to Regulation V, as adopted by the Commission on February 14, 1996, effective March 7, 1996, Section 115.1, definitions of Automotive basecoat/clearcoat system (used in vehicle refinishing (body shops)), Automotive precoat (used in vehicle refinishing (body shops)), Automotive pretreatment (used in vehicle refinishing (body shops)), Automotive primer or primer surfacers (used in vehicle refinishing (body shops)), Automotive sealers (used in vehicle refinishing (body shops)), Automotive specialty coatings (used in vehicle refinishing (body shops)), Automotive three-stage system (used in vehicle refinishing (body shops)), Automotive wipe-down solutions (used in vehicle refinishing (body shops)), Cold solvent cleaning, Conveyorized degreasing, External floating roof, Gasoline bulk plant, Gasoline terminal, High-bake coatings, Internal floating cover, Low-bake coatings, Mechanical shoe seal, Open-top vapor degreasing, Remote reservoir cold solvent cleaning, Vehicle refinishing (body shops), Volatile organic compound, sections 115.112(a)(2), 115.112(a)(2)(A), 115.112(a)(2)(B), 115.112(a)(2)(D), 115.112(b)(2), 115.112(b)(2)(A), 115.112(b)(2)(B), 115.112(b)(2)(D), new 115.114, 115.116(a)(1), 115.116(b)(1), 115.117(a)(1), 115.117(a)(4), 115.117(a)(6), 115.116(a)(6)(A), 115.117(a)(7), 115.117(a)(7)(A), 115.117(b)(1), 115.117(b)(4), 115.117(b)(6)(A), 115.117(b)(7)(A), 115.117(c), 115.117(c)(1), 115.121(a)(1)–115.121(a)(4), 115.121(c), 115.122(a)(1)–115.122(a)(3), 115.122(a)(3)(C), 115.122(a)(3)(D), 115.122(c), 115.123(c), 115.126(a)(1), 115.126(a)(5), 115.126(a)(5)(A), 115.127(a)(1), 115.127(a)(2), 115.127(a)(2)(A)–115.127(a)(2)(E), 115.127(a)(3), 115.127(a)(3)(A)–115.127(a)(3)(C), 115.127(a)(4), 115.127(a)(4)(A)–115.127(a)(5)(E), 115.127(a)(5), 115.127(a)(6), 115.127(a)(7), 115.127(b)(2), 115.127(b)(3), 115.127(b)(4), 115.127(c), 115.127(c)(2)(B), 115.127(c)(3), 115.127(c)(4), 115.129(1)–115.129(5), 115.212(a)(11), 115.219 introductory paragraph, 115.219(5), 115.219(5)(A)–115.219(5)(C), 115.412(a), 115.413(a), 115.413(b), 115.416(a), 115.417(a)(3), 115.417(a)(4), 115.417(b)(5), 115.419 introductory paragraph, 115.421(a), 115.421(a)(1)–115.421(a)(8), 115.421(a)(8)(B), 115.421(a)(8)(B)(i)–115.421(a)(8)(B)(ix), 115.421(a)(8)(C), 115.421(a)(9)(A)(i)–115.421(a)(9)(A)(v), 115.421(a)(12)(A), 115.421(a)(12)(A)(i), 115.421(a)(12)(A)(ii), 115.421(b), 115.421(b)(1)–115.421(b)(8), 115.421(b)(8)(A), 115.421(b)(8)(A)(i)–115.421(b)(8)(A)(iv), 115.422(1), 115.422(2), 115.423(a)(1), 115.423(a)(2), 115.423(b), 115.423(b)(1), 115.423(b)(2), 115.423(b)(4), 115.425(a)(1)(C), 115.425(b)(1)(C), 115.426(a)(1)(B), 115.427(a)(1)(A)–115.427(a)(1)(D), 115.427(a)(3), 115.427(a)(5), 115.427(b)(2), 115.427(b)(2)(B)–115.427(b)(2)(D), 115.427(b)(3), 115.429(a), 115.429(b), 115.433(a), 115.433(b), 115.435(a)(5), 115.435(b)(5), 115.436(a), 115.436(b), 115.437(a)(1), 115.437(a)(2), 115.439(b), 115.439(c), 115.442(1)(F)(i), 115.422(1)(F)(ii), 115.443 introductory paragraph, 115.445(5), 115.446(7), 115.512(1), 115.512(2), 115.513 introductory paragraph, 115.517(1), 115.541(a)(2)(C), 115.541(2)(E), 115.541(b), 115.541(b)(5), 115.542(a)(1), 115.542(a)(2), 115.542(a)(5), 115.542(b), 115.542(b)(1), 115.542(b)(2), 115.542(b)(4), 115.543 introductory paragraph, 115.546(1)(A), 115.547 introductory paragraph, 115.547(2), 115.547(4), 115.547(5), 115.549(a)–115.549(c), 115.600 introductory paragraph and definitions of Consumer product, Pesticide, Sections 115.614(a), 115.614(c), 115.614(c)(1), 115.614(c)(1)(A)–115.614(c)(1)(F), 115.614(c)(2), 115.614(c)(2)(A)–115.614(c)(2)(F), 115.614(d), 115.614(e), 115.614(f), 115.617(h). (L) Certification dated February 14, 1996, that copies of revisions to General Rules and Regulation V adopted by The Commission on February 14, 1996, and submitted to EPA on March 13, 1996, are true and correct copies of documents on file in the permanent records of the Commission. (M) Revisions to Regulation V, as adopted by the Commission on July 24, 1996, effective August 16, 1996, Sections 115.214(a)(4), 115.214(a)(4)(E), 115.214(a)(5), 115.216(a), 115.216(a)(7), 115.216(a)(7)(A)–115.216(a)(7)(G), 115.616(a), 115.616(a)(1)–115.616(a)(3). (N) Certifications dated July 24, 1996, that the copy of revisions to Regulation V adopted by the Commission on July 24, 1996, and submitted to EPA on August 9, 1996, is a true and correct copy of the document on file in the permanent records of the Commission. (O) Revisions to the General Rules as adopted by the Commission on April 30, 1997, effective May 22, 1997, Section 101.1, introductory paragraph and definitions of Component, Leak, Synthetic Organic Chemical Manufacturing Industry (SOCMI) batch distillation operation, Synthetic Organic Chemical Manufacturing Industry (SOCMI) batch process, Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation operation, Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation unit, Synthetic Organic Chemical Manufacturing Industry (SOCMI) reactor process, Tank-truck tank, Vehicle refinishing (body shops), Volatile organic compound (introduction paragraph). (P) Revisions to Regulation V, as adopted by the Commission on April 30, 1997, effective May 22, 1997, Section 115.10, introductory paragraph and definitions of Fugitive emission, Leak, Synthetic Organic Chemical Manufacturing Industry (SOCMI) batch distillation operation, Synthetic Organic Chemical Manufacturing Industry (SOCMI) batch process, Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation operation, Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation unit, Synthetic Organic Chemical Manufacturing Industry (SOCMI) reactor process, Tank-truck tank, Vehicle refinishing (body shops), Volatile organic compound (introduction paragraph), and Sections 115.112(a)(2), 115.112(a)(2)(F), 115.112(b)(2), 115.112(b)(2)(F), 115.114(a), 115.114(a)(1), 115.114(a)(2), 115.114(a)(4), 115.114(b), 115.114(b)(1), 115.114(b)(2), 115.114(a)(4), 115.114(c), 115.114(c)(1), 115.114(c)(2), 115.115(a)(6), 115.115(b)(6), 115.116(a)(5), 115.116(b)(5), 115.119(a), 115.119(b), 115.121(a)(1), 115.121(a)(2), 115.121(a)(2)(A)–115.121(a)(2)(E), 115.121(a)(3), 115.121(b), 115.121(c), 115.121(c)(1), 115.121(c)(2), 115.121(c)(3), 115.121(c)(4), 115.122(a)(1), 115.122(a)(1)(A), 115.122(a)(1)(B), 115.122(a)(1)(C), 115.122(a)(2), 115.122(a)(2)(A), 115.122(a)(2)(B), 115.122(a)(3), 115.122(a)(4), 115.122(a)(4)(A), 155.122(a)(4)(B), 115.122(b), 115.122(b)(1), 115.122(b)(2), 115.122(b)(3), 115.122(c), 115.122(c)(1), 115.122(c)(1)(A)–115.122(c)(1)(C), 115.122(c)(2), 115.122(c)(2)(A), 115.122(c)(2)(B), 115.122(c)(3), 115.122(c)(3)(A), 115.122(c)(3)(B), 115.122(c)(4), 115.122(c)(4)(A), 115.122(c)(4)(B), 115.123(a)(1), 115.123(b), 115.123(c), 115.126(a), 115.126(a)(3), 115.126(a)(4)(A), 115.126(a)(4)(B), 115.126(a)(4)(C), 115.126(a)(5)(A)–115.126(a)(5)(C), 115.126(b), 115.126(b)(3), 115.127(a)(2), 115.127(a)(2)(C), 115.127(a)(2)(D), 115.127(a)(2)(E), 115.127(a)(3), 115.127(a)(4), 115.127(a)(4)(A)–115.127(a)(4)(E), 115.127(a)(5), 115.127(c), 115.127(c)(1), 115.127(c)(1)(A)–115.127(c)(1)(C), 115.127(c)(2), 115.129(1)–115.129(5), 115.132(a)(1), 115.132(a)(4)(A), 115.132(a)(4)(B), 115.132(b)(1), 115.132(c), 115.132(c)(1), 115.136(a)(4), 115.136(b)(4), 115.137(a)(3), 115.137(b)(5), 115.137(c), 115.137(c)(4), 115.146(5), 115.147(5)(A), 115.147(5)(B), 115.147(5)(C), 115.149(b), 115.153 introductory paragraph, 115.156(3)(E)(i), 115.159(a), 115.159(b), 115.159(c), 115.211(a)(1), 115.211(a)(3), 115.212(a)(1), 115.212(a)(2), 115.212(a)(3), 115.212(a)(3)(A), 115.212(a)(3)(A)(i), 115.212(a)(3)(A)(ii), 115.212(a)(3)(B), 115.212(a)(3)(C), 115.212(a)(3)(C)(i), 115.212(a)(3)(C)(ii), 115.212(a)(3)(D), 115.212(a)(4), 115.212(a)(5), 115.212(a)(6), 115.212(a)(6)(A), 115.212(a)(6)(B), 115.212(a)(6)(C), 115.212(a)(7), 115.212(a)(7)(A)–115.212(a)(7)(D), 115.212(a)(8), 115.212(a)(8)(A), 115.212(a)(8)(B), 115.212(a)(8)(B)(i), 115.212(a)(8)(B)(ii), 115.212(a)(8)(B)(iii), 115.212(a)(8)(C), 115.212(a)(8)(C)(i), 115.212(a)(8)(C)(ii), 115.212(a)(9), 115.212(a)(10), 115.212(a)(10)(A), 115.212(a)(10)(B), 115.214(a)(4), 115.214(a)(4)(E), 115.214(a)(5), 115.215(a)(8), 115.216(a), 115.216(a)(1), 115.216(a)(6), 115.216(b), 115.216(b)(1), 115.217(a)(1), 115.217(a)(2), 115.217(a)(3), 115.217(a)(4), 115.217(a)(4)(A), 115.217(a)(4)(B), 115.217(a)(5), 115.217(a)(6), 115.217(a)(6)(A)–115.217(a)(6)(D), 115.217(a)(7), 115.217(a)(7)(A)–115.217(a)(7)(E), 115.217(a)(8), 115.217(a)(8)(A)–115.217(a)(8)(C), 115.217(a)(9), 115.217(b)(2), 115.217(b)(4)(A)–115.217(b)(4)(D), 115.217(b)(5), 115.217(c)(2), 115.217(c)(4), 115.217(c)(4)(A)–115.217(c)(4)(D), 115.217(c)(5), 115.219(1), 115.219(4), 115.221 introductory paragraph, 115.222(7), 115.223 introductory paragraph, 115.226 introductory paragraph, 115.226(1), 115.253 introductory paragraph, 115.256 introductory paragraph, 115.311(a)(1), 115.311(a)(2), 115.311(b)(1)–115.311(b)(2), 115.312(a)(2), 115.312(a)(2)(A)–115.312(a)(2)(C), 115.312(b)(2) 115.312(b)(2)(A)–115.312(b)(2)(C), 115.313(a), 115.313(b), 115.319 introductory paragraph, 115.322 introductory paragraph, 115.322(1)–15.322(5), 115.323 introductory paragraph, 115.323(1), 115.323(2), new 115.324, 115.325 introductory paragraph, 115.325(1)–115.325(3), 115.326 introductory paragraph, 115.326(1), 115.326(2), 115.326(2)(A)–115.326(2)(I), 115.326(3), 115.324(4), 115.327 introductory paragraph, 115.327(1), 115.327(1)(A)–115.327(1)(C), 115.327(2)–115.327(6), 115.329 introductory paragraph, 115.352(1), 115.352(2), 115.352(9), 115.353 introductory paragraph, 115.354(1)(C), 115.354(4)–115.354(7), 115.354(7)(A), 115.354(7)(B), 115.354(8), 115.356(1)(I), 115.356(3), 115.357(2), 115.357(8), 115.421(a), 115.421(a)(13)(A), 115.422(3)(A), 115.422(3)(B), 155.424(a)(1), 115.424(a)(2), 115.424(b)(1), 115.426(a)(1)(D), 115.426(a)(2)(C), 115.426(b)(1)(D), 115.426(b)(2)(C), 115.427(a)(5), 115.427(a)(6), 115.442(1)(B)–115.422(1)(D), 155.446(8), 115.449(a), 115.449(b), 115.449(c), 115.532(a)(5), 115.532(a)(5)(A), 115.532(a)(5)(B), 115.533(a), 115.533(b), 115.536(a)(5), 115.536(b)(5), 115.537(a)(5), 115.539 introductory paragraph, 115.552(b)(1), 115.522(b)(2), 115.533 introductory paragraph, 115.559(a)–115.559(d), and repeal of Sections 115.332, 115.333, 115.334, 115.335, 115.336, 115.337, 115.339, 115.342, 115.343, 115.344, 115.345, 115.346, 115.347, 115.349. (Q) Certification dated April 30, 1997, that copies of revisions to General Rules and Regulation V adopted by the Commission on April 30, 1997, and submitted to EPA on May 21, 1997, are true and correct copies of documents on file in the permanent records of the Commission. (R) Texas Natural Resource Conservation Commission order adopting amendments to the SIP; Docket Number 95–1198–RUL, issued December 19, 1995. (ii) Additional Material. (A) TNRCC certification letter dated December 13, 1995, and signed by the Chief Clerk, TNRCC that the attached are true and correct copies of the SIP revision adopted by the Commission on December 13, 1995. (B) The following portions of the SIP narrative entitled Post-1996 Rate of Progress Plan for the Beaumont/Port Arthur and Houston/Galveston Ozone Nonattainment Areas Dated December 13, 1995: The section pertaining to Storage Tanks (pp. 17–37), the section pertaining to SOCMI Reactor and Distillation (p. 40), the Section pertaining to Plastic Parts Coating (pp. 54–55). (106) A revision to the Texas State Implementation Plan: Regulation 30 TAC Chapter 101 “General Rules”, Section 101.30 “Conformity of General and State Actions to State Implementation Plans” as adopted by the Texas Natural Resource Conservation Commission (TNRCC) on November 16, 1994, and July 9, 1997, was submitted by the Governor on November 22, 1994, and August 21, 1997, respectively. (i) Incorporation by reference. (A) The Texas Natural Resource Conservation Commission (TNRCC) Regulation 30, TAC Chapter 101 “General Rules”, Section 101.30 “Conformity of General and State Actions to State Implementation Plans” as adopted by TNRCC on November 16, 1994, and July 9, 1997. (B) TNRCC orders Docket No. 94–0709–SIP and 97–0143–RUL as passed and approved on November 16, 1994, and July 9, 1997, respectively. (107) A revision to the Texas State Implementation Plan addressing the 15% Rate-of-Progress Plan requirements for the Beaumont/Port Arthur ozone nonattainment area was submitted by a cover letter from Governor George Bush dated August 9, 1996. This revision will aid in ensuring that reasonable further progress is made towards attaining the National Ambient Air Quality Standard (NAAQS) for ozone in the Beaumont/Port Arthur area. This submittal also contained revisions to the 1990 base year emissions inventory, Motor Vehicle Emission Budget, and contingency plan for the Beaumont/Port Arthur area. (i) Incorporation by reference. Texas Natural Resource Conservation Commission (TNRCC) order adopting amendments to the State Implementation Plan; Docket Number 96–0465–SIP, issued July 31, 1996. (ii) Additional material. (A) TNRCC certification letter dated July 24, 1996, and signed by Gloria Vasquez, Chief Clerk, TNRCC. (B) The SIP narrative plan and tables entitled, “Revisions to the State Implementation Plan for the Control of Ozone Air Pollution,” as it applies to the Beaumont/Port Arthur area dated July 24, 1996. (108) A revision to the Texas State Implementation Plan to adopt an alternate control strategy for the surface coating processes at Raytheon TI Systems, Inc., Lemmon Avenue Facility. (i) Incorporation by reference. (A) Commission Order Number 96–1180–SIP issued and effective December 4, 1996, for Texas Instruments, Inc., prior owner of the Lemmon Avenue facility, approving an alternate Reasonably Available Control Technology (ARACT) demonstration for its Lemmon Avenue facility. Raytheon TI Systems assumed operating responsibility for this facility on July 3, 1997. (B) A letter from the Governor of Texas dated January 9, 1997, submitting the TI ARACT to the Regional Administrator. (ii) Additional material. The document prepared by the Texas Natural Resource Conservation Commission titled “A Site-Specific Revision to the SIP Concerning the Texas Instruments Lemmon Avenue Facility.” (109) [Reserved] (110) Revision to the Texas State Implementation Plan adopted by the Texas Natural Resource Conservation Commission (TNRCC) on October 15, 1997, and submitted by the Governor on November 12, 1997, repealing the Perchloroethylene Dry Cleaning Systems regulations from the Texas SIP. (i) Incorporation by reference. TNRCC Order Docket No. 97–0534–RUL issued October 21, 1997, repealing Perchloroethylene Dry Cleaning Systems regulations (Sections 115.521 to 115.529) from 30 TAC Chapter 115. (ii) Additional materials. (A) Letter from the Governor of Texas dated November 12, 1997, submitting amendments to 30 TAC Chapter 115 for approval as a revision to the SIP. (111) Recodified and revised Regulation IV, 30 TAC Chapter 114 “Control of Air Pollution From Motor Vehicles” regulations of Texas submitted by the Governor on November 20, 1997, to reformat original Chapter 114 sections into seven new subchapters (A through G) and to remove original section 114.1(e), concerning leaded gasoline dispensing labeling requirements. (i) Incorporation by reference. (A) Commission Order 97–0713-RUL, adopted by the commission on November 5, 1997. (B) SIP narrative entitled “Revisions to 30 TAC Chapter 114 and to the State Implementation Plan (Reformatting of the Chapter)” adopted by the commission on November 5, 1997, addressing: adoption of new Sections 114.1–114.5, 114.20, 114.21, 114.50–114.53, 114.100, 114.150–114.157, 114.200–114.202, 114.250, 114.260, 114.270, and repeal of original sections 114.1, 114.3–114.7, 114.13, 114.23, 114.25, 114.27, 114.29–114.40. (112) Revision to the Texas State Implementation Plan submitted by the Governor on January 10, 1996. (i) Incorporation by reference. (A) Texas Natural Resource Conservation Commission (TNRCC) General Rules (30 TAC Chapter 101), Section 101.2(b), adopted by TNRCC on December 13, 1995, effective January 8, 1996. (B) TNRCC Docket No. 95–0849–RUL issued December 13, 1995, for adoption of amendments to 30 TAC Chapter 101, Section 101.2(b), regarding Multiple Air Contaminant Sources or Properties and revision to the SIP. (ii) Additional materials. A letter from the Governor of Texas dated January 10, 1996, submitting revisions to 30 TAC Chapter 101, Section 101.2(b), for approval as a revision to the SIP. (113) The Texas Natural Resource Conservation Commission submitted a revision to the State Implementation Plan (SIP) on August 9, 1996. This revision contained, among other things, 15% Rate-of-Progress plans for the Dallas/Fort Worth, El Paso and Houston/Galveston ozone nonattainment areas which will aid in ensuring the attainment of the National Ambient Air Quality Standards for ozone. This submittal also contained revisions to the 1990 base year emissions inventories, the associated Motor Vehicle Emission Budgets and contingency plans. (i) Incorporation by reference. Texas Natural Resource Conservation Commission (TNRCC) order adopting amendments to the SIP; Docket Number 96–0465–SIP, issued July 31, 1996. (ii) Additional material. (A) TNRCC certification letter dated July 24, 1996, and signed by Gloria Vasquez, Chief Clerk, TNRCC. (B) The SIP narrative plan and tables dated July 24, 1996 entitled, “Revisions to the State Implementation Plan (SIP) for the Control of Ozone Air Pollution,” as it applies to the Dallas/Fort Worth, El Paso and Houston areas' 15% Rate-of-Progress plans, emissions inventories, motor vehicle emissions budgets and contingency plans. (114) Recodified regulations of Texas Administrative Code, Title 30, Chapter 113, Subchapter B, controlling lead emissions from stationary sources, and submitted by the Governor in a letter dated August 21, 1997. (i) Incorporation by reference. (A) Texas Natural Resource Conservation Commission (TNRCC) order adopting amendments to the State Implementation Plan; Docket Number 97–0143–RUL, issued July 9, 1997. (B) Texas Administrative Code, Title 30, Chapter 113, Subchapter B, entitled “Lead from Stationary Sources,” adopted by the TNRCC on July 9, 1997. Newly recodified sections 113.31, 113.32, 113.33, 113.34, 113.35, 113.36, 113.37, 113.41, 113.42, 113.43, 113.44, 113.45, 113.46, 113.47, 113.48, 113.52, 113.61, 113.62, 113.63, 113.64, 113.65, 113.66, 113.67, and 113.68. (ii) Additional material. TNRCC certification letter dated June 25, 1997, and signed by Gloria Vasquez, Chief Clerk, TNRCC. (115) [Reserved] (116) A revision to the Texas State Implementation Plan (SIP) to include two modified Agreed Orders limiting sulfur dioxide (SO2) allowable emissions at two facilities in Harris County, submitted by the Governor by cover letter dated May 29, 1997. (i) Incorporation by reference. (A) TNRCC Docket No. 96–1188–AIR Order Modifying Commission Order No. 94–15 for Lyondel-Citgo Refining Company, LTD., as adopted by the TNRCC on June 29, 1994, and modified on July 31, 1996; (B) TNRCC Docket No. 96–1187–AIR, Order Modifying Commission Order No. 94–22 for Simpson Pasadena Paper Company, as adopted by the TNRCC on June 29, 1994, and modified on July 31, 1996. (ii) Additional material. TNRCC submittal to the EPA dated May 29, 1997, entitled, “Revisions to the SIP Concerning Sulfur Dioxide in Harris County.” (117) Revisions to the Texas State Implementation Plan submitted to the EPA in a letter dated April 13, 1998. These revisions address Reasonably Available Control Technology for Wood Furniture coating operations and Ship Building and Repair. The revisions also address coating of oil and gas platforms at ship building and repair facilities. (i) Incorporation by Reference. (A) Revisions to Regulation V, as adopted by the Commission on March 18, 1998, effective April 7, 1998, sections 115.10. Definitions—Introductory Paragraph, 115.420 Surface Coating Definitions, 115.420(a) General Surface Coating Definitions, 114.420(a)(1)–115.420(a)(10), 115.420(b) Specific surface coating definitions—Introductory Paragraph, 115.420(b)(1), 115.420(b)(2), 115.420(b)(2)(A), 115.420(b)(2)(B), 115.420(b)(3)–115.420(b)(9), 115.420(b)(10), 115.420(b)(10)(A)–115.420(b)(10)(E), 115.420(b)(10)(F), 115.420(b)(10)(F)(i)–115.420(b)(10)(F)(vii), 115.420(b)(10)(G), 115.420(b)(11), 115.420(b)(12), 115.420(b)(12)(A)–115.420(b)(12)(FF), 115.420(b)(13), 115.420(b)(13)(A), 115.420(b)(13)(A)(i), 115.420(b)(13)(A)(ii), 115.420(b)(13)(B), 115.420(b)(13)(B)(i)–115.420(b)(13)(B)(ix), 115.420(b)(14), 115.420(b)(15), 115.420(15)(A), 115.420(15)(A)(i)–115.420(15)(A)(xi), 115.420(15)(B), 115.420(15)(B)(i)–115.420(15)(B)(xix), 115.421(a), 115.421(a)(8), 115.421(a)(8)(B), 115.421(a)(8)(B)(i)–115.421(a)(8)(B)(ix), 115.421(a)(13), 115.421(a)(13)(A), 115.421(a)(13)(A)(i)–115.421(a)(13)(A)(vii), 115.421(a)(13)(A)(viii), 115.421(a)(13)(A)(ix), 115.421(a)(14), 115.421(a)(14)(A), 115.421(a)(14)(A)(i), 115.421(a)(14)(A)(ii), 115.421(a)(14)(A)(iii), 115.421(a)(14)(A)(iii)(I)– 115.421(a)(14)(A)(iii)(III), 115.421(a)(14)(A)(iv)–115.421(a)(14)(A)(vi), 115.421(a)(14)(B), 115.421(a)(15), 115.421(a)(15)(A),115.421(a)(15)(B), 115.421(a)(15)(B)(i), 115.421(a)(15)(B)(ii), 115.421(b), 115.422. Control Requirements—Introductory Paragraph, 115.422(2), 115.422(3), 115.422(3)(A), 115.422(3)(B), 115.422(3)(C), 115.422(3)(C)(i), 115.422(3)(C)(ii), 115.422(3)(C)(ii)(I), 115.422(3)(C)(ii)(II), 115.422(3)(C)(iii)–115.422(3)(C)(v), 115.422(3)(C)(vi), 115.422(3)(C)(vi)(I), 115.422(3)(vi)(II), 115.422(3)(D), 115.422(3)(E), 115.422(3)(E)(i), 115.422(3)(E)(ii), 115.422(4), 115.422(4)(A)–115.422(4)(C), 115.422(5), 115.422(5)(A), 115.422(5)(B), 115.423(a), 115.423(a)(1), 115.423(a)(2), 115.423(b), 115.423(b)(1), 115.423(b)(2), 115.426(a), 115.426(a)(1), 115.426(a)(1)(B), 115.426(a)(1)(B)(i), 115.426(a)(1)(B)(ii), 115.426(a)(2), 115.426(a)(2)(A), 115.426(a)(2)(A)(i), 115.426(b), 115.426(b)(1), 115.426(b)(1)(B), 115.426(b)(2), 115.426(b)(2)(A), 115.426(b)(2)(A)(i), 115.427(a), 115.427(a)(1), 115.427(a)(1)(B), 115.427(a)(1)(C), 115.427(a)(3), 115.427(a)(3)(A), 115.427(a)(3)(B), 115.427(a)(3)(D)–115.427(a)(3)(I), 115.427(b), 115.427(b)(4), 115.429(a), and 115.429(b). (B) Certification Dated March 18, 1998 that these are true and correct copies of revisions to 30 TAC Chapter 115 and the SIP. (118)–(119) [Reserved] (120) Revisions submitted by the Governor on May 29, 1997, June 23, 1998, and December 22, 1998, that change the definition of “primarily operated,” commit to on-board diagnostic testing, remove the test-on-resale of vehicles subject to the inspection and maintenance program, and provide the legal authority for denial of re-registration of vehicles that have not complied with the I/M program requirements, and the establishment of a class C misdemeanor penalty for operating a grossly polluting vehicle in a nonattainment area. (i) Incorporation by reference: (A) Narrative of State Implementation Plan revision submitted May 29, 1997, by the Governor. (B) Narrative of State Implementation Plan revision submitted June 23, 1998, by the Governor. (C) Letter from the Governor dated December 22, 1998, submitting Senate Bill 1856. (ii) Additional material: (A) Senate Bill 1856. (B) Memorandum of Agreement between the Texas Natural Resource Conservation Commission and the Texas Department of Public Safety adopted November 20, 1996, and signed February 5, 1997. (121) Revisions submitted by the Governor on July 13, 2000, that remove approval of the Alternate Reasonably Available Control Technology (ARACT) for Lockheed Corporation, Bell Helicopter Textron, Incorporated; Bell Plant 1, and Raytheon TI Systems, Inc., (RTIS). [37 FR 10895, May 31, 1972. Redesignated and amended at 64 FR 36589, July 7, 1999; 66 FR 54691, Oct. 30, 2001] Editorial Note: For Federal Register citations affecting §52.2299, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.2300 [Reserved] top § 52.2301 Federal compliance date for automobile and light-duty truck coating. Texas Air Control Board Regulation V (31 TAC chapter 115), control of air pollution from volatile organic compound, rule 115.191(1)(8)(A). top (a) The requirements of section 110 of the Clean Air Act are not met regarding the final compliance date, as found in TACB rule 115.191(a)(8)(A), for the requirements of TACB Rule 115.191(a)(8)(A). (b) TACB adopted revisions to rule 115.191(a)(8)(A) on October 14, 1988, and submitted them to EPA on December 13, 1988. Prior to the submittal, automobile and light-duty truck coating operations were to have complied with final control limits of §A115.191(a)(8)(B) of the federally approved State Implementation Plan (SIP), by December 31, 1986. In the December 13, 1988, submittal, the final control limits had been moved to §115.191(a)(8)(A) and had been given a new extended compliance date of December 31, 1987. EPA does not recognize the later compliance data and retains the original compliance date for the final emission limits of December 31, 1986. The owner or operator of an automobile and light-duty truck coating operation shall comply with the requirements of TACB rule 115.191(a)(8)(A) no later than December 31, 1986. [56 FR 40257, Aug. 14, 1991] § 52.2302 [Reserved] top § 52.2303 Significant deterioration of air quality. top (a) The plan submitted by Texas is approved as meeting the requirements of part C, Clean Air Act for preventing significant deterioration of air quality. The plan consists of the following: (1) Prevention of significant deterioration plan requirements as follows: (i) December 11, 1985 (as adopted by the Texas Air Control Board (TACB) on July 26, 1985). (ii) October 26, 1987 (as revised by TACB on July 17, 1987). (iii) September 29, 1988 (as revised by TACB on July 15, 1988). (iv) February 18, 1991 (as revised by TACB on December 14, 1990). (v) May 13, 1992 (as revised by TACB on May 8, 1992). (vi) August 31, 1993 (as recodified, revised and adopted by TACB on August 16, 1993). (vii) July 12, 1995 (as revised by the Texas Natural Resource Conservation Commission (TNRCC) on March 1, 1995) containing revisions to chapter 116—Control of Air Pollution for New Construction or Modification, sections 116.10, 116.141 and 116.160–116.163. (viii) July 22, 1998 (as revised by TNRCC on June 17, 1998) containing revisions to chapter 116—Control of Air Pollution for New Construction or Modification, sections 116.160 and 116.161. (ix) September 16, 2002 (as revised by TNRCC on October 10, 2001) containing revisions to chapter 116—Control of Air Pollution for New Construction or Modification, sections 116.160 and 116.162. (2) The Prevention of Significant Deterioration (PSD) Supplement document, submitted October 26, 1987 (as adopted by TACB on July 17, 1987). (3) Revision to General Rules, Rule 101.20(3), submitted December 11, 1985 (as adopted by TACB on July 26, 1985). (b) The plan approval is partially based on commitment letters provided by the Executive Director of the Texas Air Control Board, dated September 5, 1989 and April 17, 1992. (c) The requirements of section 160 through 165 of the Clean Air Act are not met for federally designated Indian lands. Therefore, the provisions of §52.21 except paragraph (a)(1) are hereby adopted and made a part of the applicable implementation plan and are applicable to sources located on land under the control of Indian governing bodies. [57 FR 28098, June 24, 1992, as amended at 59 FR 46557, Sept. 9, 1994; 62 FR 44088, Aug. 19, 1997; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003; 69 FR 43755, July 22, 2004] § 52.2304 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring. The provisions of §52.26 are hereby incorporated and made a part of the applicable plan for the State of Texas. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 54 FR 7770, Feb. 23, 1989] § 52.2305 [Reserved] top § 52.2306 Particulate Matter (PM10) Group II SIP commitments. top On July 18, 1988, the Governor of Texas submitted a revision to the State Implementation Plan (SIP) that contained commitments for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM10 Group II SIPs. The Texas Air Control Board adopted these revisions on May 13, 1988. The State of Texas has committed to comply with the PM10 Group II SIP requirements, as articulated in the Federal Register notice of July 1, 1987 (52 FR 24670), for the defined areas of Dallas, Harris, Lubbock, and Nueces counties as provided in the Texas PM10 Group II SIPs. In addition to the SIP, a letter from the Governor of Texas, dated July 18, 1988, stated that: * * * In the July 1, 1987 issue of the Federal Register, the U.S. Environmental Protection Agency announced the requirement that each state submit a committal SIP for PM10 Group II areas instead of full control strategies. States were also required to submit demonstrations of attainment and maintenance of the PM10 National Ambient Air Quality Standards. The TACB is committed to carrying out the activities contained in the enclosed proposed SIP to satisfy those requirements * * *. [54 FR 25586, June 16, 1989] § 52.2307 Small business assistance program. top The Governor of Texas submitted on November 13, 1992 a plan revision to develop and implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program to meet the requirements of section 507 of the Clean Air Act by November 15, 1994. The plan commits to provide technical and compliance assistance to small businesses, hire an Ombudsman to serve as an independent advocate for small businesses, and establish a Compliance Advisory Panel to advise the program and report to the EPA on the program's effectiveness. [59 FR 42765, Aug. 19, 1994] § 52.2308 Area-wide nitrogen oxides (NOX) exemptions. top (a) The Texas Natural Resource Conservation Commission (TNRCC) submitted to the EPA on June 17, 1994, a petition requesting that the Dallas ozone nonattainment area be exempted from the NOX control requirements of section 182(f) of the Clean Air Act (CAA) as amended in 1990. The Dallas nonattainment area consists of Dallas, Tarrant, Denton, and Collin counties. The exemption request was based on a photochemical grid modeling which shows that the Dallas nonattainment area would attain the National Ambient Air Quality Standards (NAAQS) for ozone by the CAA mandated deadline without the implementation of the additional NOX controls required under section 182(f). On November 21, 1994, the EPA conditionally approved this exemption request, conditioned upon the EPA approving the modeling portion of the Dallas attainment demonstration SIP. (b) The TNRCC submitted to the EPA on June 17, 1994, a petition requesting that the El Paso ozone nonattainment area be exempted from the NOX control requirements of section 182(f) of the Clean Air Act (CAA) as amended in 1990. The El Paso nonattainment area consists of El Paso county, and shares a common airshed with Juarez, Mexico. The exemption request was based on a photochemical grid modeling which shows that the El Paso nonattainment area would attain the NAAQS for ozone by the CAA mandated deadline without the implementation of the additional NOX controls required under section 182(f), but for emissions emanating from Mexico. On November 21, 1994, the EPA conditionally approved this exemption request, conditioned upon the EPA approving the modeling portion of the El Paso attainment demonstration SIP. (c) The Texas Natural Resource Conservation Commission submitted to the EPA on May 4, 1994, a petition requesting that the Victoria County incomplete data ozone nonattainment area be exempted from the requirement to meet the NOX provisions of the Federal transportation conformity rule. The exemption request was based on monitoring data which demonstrated that the National Ambient Air Quality Standard for ozone had been attained in this area for the 35 months prior to the petition, with the understanding that approval of the State's request would be contingent upon the collection of one additional month of data. The required additional month of verified data was submitted later and, together with the data submitted with the State's petition, demonstrated attainment of the NAAQS for 36 consecutive months. The EPA approved this exemption request on March 2, 1995. (d) The TNRCC submitted to the EPA on August 17, 1994, with supplemental information submitted on August 31, 1994, and September 9, 1994, a petition requesting that the Houston and Beaumont ozone nonattainment areas be temporarily exempted from the NOX control requirements of section 182(f) of the CAA. The Houston nonattainment area consists of Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller counties. The Beaumont nonattainment area consists of Hardin, Jefferson, and Orange counties. The exemption request was based on photochemical grid modeling which shows that reductions in NOX would not contribute to attaining the ozone NAAQS. On April 12, 1995, the EPA approved the State's request for a temporary exemption. Approval of the temporary exemption waives the federal requirements for NOX Reasonably Available Control Technology (RACT), New Source Review (NSR), conformity, and vehicle inspection and maintenance (I/M) for the period of the temporary exemption. The temporary exemption automatically expires on December 31, 1996, without further notice from the EPA. Based on the rationale provided in the notice of proposed rulemaking on this action, upon the expiration of the temporary exemption, the requirements pertaining to NOX RACT, NSR, conformity, and I/M will again become applicable, except that the NOX RACT implementation date applicable to the Houston and Beaumont nonattainment areas under section 182(f) shall be as expeditious as practicable but no later than May 31, 1997, unless the State has received a permanent NOX exemption from the EPA prior to that time. (e) The TNRCC submitted to EPA on March 6, 1996, a petition requesting that the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment areas be granted an extension to a previously-granted temporary exemption from the NOX control requirements of sections 182(f) and 182(b) of the Clean Air Act. The temporary exemption was granted on April 19, 1995. The current petition is based on the need for more time to complete UAM to confirm the need for, and the extent of, NOX controls required. On May 23, 1997, EPA approved the State's request for an extension to the temporary exemption. The temporary extension automatically expires on December 31, 1997, without further notice from EPA. Upon expiration of the extension, the requirements pertaining to NOX RACT, NSR, I/M, general and transportation conformity will become applicable, except that the NOX RACT compliance date shall be implemented as expeditiously as practicable, but no later than May 31, 1999, unless the State has received a contingent NOX exemption from the EPA prior to that time. (f) The extension of the temporary exemption from NOX control requirements of sections 182(f) and 182(b) of the Clean Air Act for the Houston/Galveston and Beaumont/Port Arthur ozone nonattainment areas granted on May 23, 1997, expired December 31, 1997. Upon expiration of the extension, the requirements pertaining to NOX RACT, NSR, I/M, general and transportation conformity will become applicable and the State is expected to implement the requirements as expeditiously as possible. (g) The Texas Natural Resource Conservation Commission submitted a letter to EPA requesting rescission of the previously-granted conditional exemption from the NOX control requirements of section 182(f) of the Act for the Dallas/Fort Worth ozone nonattainment area. The letter was sent on November 13, 1998. The conditional exemption was granted on November 21, 1994, conditioned upon EPA approving the modeling portion of the DFW attainment demonstration SIP. The conditional exemption was also approved on a contingent basis. The modeling-based exemption would last only as long as the area's modeling continued to demonstrate attainment without the additional NOX reductions required by section 182(f). The State's request is based on new photochemical modeling which shows the need for NOX controls to help the area attain the ozone National Ambient Air Quality Standards. Furthermore, EPA would not and could not approve the earlier attainment demonstration SIP modeling upon which the condition was based. (1) On June 21, 1999, the conditional NOX exemption for the DFW area granted on November 21, 1994 is rescinded. Upon rescission, the Federal requirements pertaining to NOX Reasonably Available Control Technology (RACT), New Source Review, vehicle Inspection/Maintenance, general and transportation conformity now apply. (2) The NOX RACT final compliance date must be implemented as expeditiously as practicable, but no later than March 31, 2001. [59 FR 60714, Nov. 28, 1994, as amended at 60 FR 5867, Jan. 31, 1995; 60 FR 19522, Apr. 19, 1995; 62 FR 28349, May 23, 1997; 63 FR 7072, Feb. 12, 1998; 64 FR 19286, Apr. 20, 1999] § 52.2309 Emissions inventories. top (a) The Governor of the State of Texas submitted the 1990 base year emission inventories for the Houston/Galveston (HGA), Beaumont/Port Arthur (BPA), El Paso (ELP), and Dallas/Fort Worth (DFW) ozone nonattainment areas on November 17, 1992 as a revision to the State Implementation Plan (SIP). The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for each of these areas. (b) The inventories are for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventories cover point, area, non-road mobile, on-road mobile, and biogenic sources. (c) The HGA nonattainment area is classified as Severe-17 and includes Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties; the BPA nonattainment area is classified as Serious and includes Hardin, Jefferson, and Orange Counties; the ELP nonattainment area is classified as Serious and includes El Paso County; and the DFW nonattainment area is classified as Moderate and includes Collin, Dallas, Denton, and Tarrant Counties. (d) The Texas Natural Resource Conservation Commission submitted State Implementation Plan revisions to the 1990 base year emission inventory for the Beaumont/Port Arthur area with a cover letter from the Governor of Texas dated August 9, 1996. (e) The Texas Natural Resource Conservation Commission submitted a revision to the State Implementation Plan (SIP) on August 9, 1996. This revision was submitted for the purpose of satisfying the 15% Rate-of-Progress requirements of the Clean Air Act, which will aid in ensuring the attainment of the National Ambient Air Quality Standards for ozone. This submittal also contained revisions to the 1990 base year emissions inventories for the Dallas/Fort Worth, El Paso and Houston/Galveston areas. (f) The Texas Natural Resource Conservation Commission submitted a revision to the State Implementation Plan (SIP) on May 19, 2000. This revision was submitted for the purpose of satisfying the 9 percent Rate-of-Progress requirements of the Clean Air Act, which will aid in ensuring the attainment of the National Ambient Air Quality Standards for ozone. This submission also contained revisions to the 1990 base year emissions inventory for the Houston/Galveston areas. [59 FR 55589, Nov. 8, 1994, as amended at 63 FR 6663, Feb. 10, 1998; 63 FR 62947, Nov. 10, 1998; 66 FR 20751, Apr. 25, 2001] § 52.2311 Motor vehicle antitampering. top The State of Texas submitted revisions to the State Implementation Plan for 30 TAC Chapter 114, sections 114.1 “Maintenance and Operation of Air Pollution Control Systems or Devices Used to Control Emissions from Motor Vehicles” and 114.5 “Exclusions and Exceptions” on February 24, 1989, and September 6, 1990, and July 13, 1993. The EPA disapproved these revisions that relate to Statewide antitampering provisions and exemptions to antitampering provisions for motor vehicles or motor vehicle engine emission control systems because the State's antitampering rules are not consistent with the Act, section 203(a)(3) and EPA's tampering prohibitions as outlined in EPA's antitampering enforcement policy, Mobile Source Enforcement Memorandum No. 1A. [63 FR 6653, Feb. 10, 1998] Subpart TT—Utah top § 52.2320 Identification of plan. top (a) Title of plan: “Utah Implementation Plan.” (b) The plan was officially submitted on January 25, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Clarifications of the plan relating to particulate regulations, CO and NO2 control strategies, new source review, emergency episodes, availability of emission data, and source surveillance submitted May 18, 1972, by State Division of Health. (2) Revision of State new source review regulation, section 1.3.3 of the Utah Code of Air Conservation Regulations, submitted on September 13, 1972, by the Governor. (3) Transportation control plan submitted April 13, 1973, by the Governor. (4) Reenacted legislation providing for public availability of emission data submitted on June 13, 1974, by the State Division of Health. (5) The Revised Utah Air Conservation Regulations on July 10, 1975, by the Governor. (6) Provisions to meet the requirements of Part D and other sections of the Clean Air Act, as amended in 1977, were submitted on December 28, 1978, by the Governor. (7) On November 5, 1979, the Governor submitted a plan revision to meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart C, §58.20. (8) Provisions to meet the transportation control requirements of Part D and other sections of the Clean Air Act, as amended in 1977, were submitted on November 5, 1979, and August 11, 1980, by the Governor. (9) Provisions to meet the requirements of Part D for particulates and to attain the national standard for lead were submitted on March 11, 1980, July 25, 1980, November 13, 1980, December 26, 1980, and April 8, 1981. (10) Provisions to meet the requirements of Part C of the Clean Air Act, as amended in 1977, were submitted on August 17, 1981. (11) Provisions to meet the requirements of section 127 and Part D for carbon monoxide and ozone were submitted on August 11, 1980. (12) Provisions to meet the requirements of Part D of the Clean Air Act, as amended in 1977, for particulates and volatile organic compounds, were submitted on April 8, 1981. (13) Provisions to meet the requirements of Part D of the Clean Air Act, as amended in 1977, for particulates were submitted on March 1, 1982. (14) A revision to the definition of volatile organic compound was submitted on April 29, 1982. (15) Provisions to meet the requirements of Part D of the Clean Air Act, as amended in 1977, for carbon monoxide in Provo and Ogden, Utah were submitted on September 20, 1982. (16) Additional information regarding stack monitoring at the main stack at the Kennecott Copper Smelter in Salt Lake City was submitted on December 27, 1982, and February 3, 1984. (17) Provision to meet the requirements of Part D of the Clean Air Act as amended in 1977 providing for implementing automobile inspection and maintenance in Salt Lake and Davis Counties were submitted on December 9, 1983, December 19, 1983, February 6, 1984, and March 1, 1984. A revision providing for the commitment to adopt regulations for VOC sources covered by future CTG's (Group III) was submitted on February 6, 1984. (18) A revision to the SIP was submitted by the Governor for attainment of the SO2 standard on August 17, 1981. Additional submittals January 25, 1983, and September 5, 1984. (19) A revision to the SIP was submitted by the Governor on April 26, 1985, for visibility monitoring and new source review. (i) Incorporation by reference. (A) Letter dated April 26, 1985, from Governor Norman Bangerter submitting the Utah Visibility SIP and Regulations. (B) The Visibility SIP and the Utah Air Conservaton Regulations 1.1.7 and 3.11.1 were adopted on April 15, 1985 referred to in the Governor's letter as April 12, 1985. (20) A revision to the SIP was submitted by the Governor on December 12, 1985, for attaintment of the CO standard in Utah County. (i) Incorporation by reference. (A) Letter and attachments dated December 12, 1985, from Governor Norman H. Bangerter submitting the SIP Revision for attainment of NAAQS for CO in Utah County. The attachments included Section 9, Part C; Section 9, Appendices A, C, H, and I; and Technical Support Document—Provo. (ii) Additional material. (A) Letter dated May 8, 1986, from Brent C. Bradford to Irwin Dickstein; Re: Response to questions on I/M with anti-tampering program. (B) Letter and attachment dated May 15, 1986, from Brent Bradford to Irwin Dickstein transmitting Appendix D of the Technical Support Document. (21) A revision to the SIP was submitted by the Governor on December 11, 1987, for visibility general plan requirements and long-term strategies. (i) Incorporation by reference. (A) Letter dated December 2, 1988, from the Utah Bureau of Air Quality to the U.S. Environmental Protection Agency, Region VIII. (B) A revised section 16, Visibility Protection, of the Utah SIP was adopted on November 12, 1987, except for the first three paragraphs of §16.1, the fifth and sixth paragraph of §16.4, and the second and third paragraphs of §16.5. (22) In a letter dated May 2, 1986, the Governor submitted revisions to the Utah Air Conservation Regulations addressing GEP stack heights/dispersion techniques and a new Section 17 to the SIP addressing GEP stack height demonstration analysis. (i) Incorporation by reference. (A) Revisions to the Utah Air Conservation Regulations adopted April 18, 1986. The revisions consist of adding stack height definitions (UACR 1.1.128 through UACR 1.1.133) and updating stack height exemptions (UACR 3.8). (B) Stack height demonstration analysis submitted by the State in a letter dated May 2, 1986. (23) On May 2, 1991 the Governor of Utah submitted revisions to the plan. The revisions include amendments to the prevention of significant deterioration (PSD) portion of the plan to incorporate the nitrogen dioxide (NO2) increments, and several “housekeeping” changes to definitions, new source review, and PSD regulations. (i) Incorporation by reference. (A) Revisions to the Utah Air Conservation Regulations, section R446–1–1, Foreword and Definitions, section R446–1–3, Control of Installations, and section R446–2–1, Utah State Implementation Plan Incorporation by Reference, effective January 1, 1991. (B) Letter dated May 1, 1991, from Kenneth Hansen of the Utah Division of Administrative Rules to Dave McNeill of the Utah Bureau of Air Quality, confirming a codification change to paragraph R446–1–3.6.5, effective May 1, 1991. This letter contains a reprinted version of R446–1–3.6.5. (ii) Additional material. (A) February 26, 1991, letter from F. Burnell Cordner, Executive Secretary, Utah Air Conservation Committee, to Douglas M. Skie, EPA, transmitting administrative materials for the SIP revision. (B) May 2, 1991, letter from Norman H. Bangerter, Governor, State of Utah, to James J. Scherer, EPA. Official SIP submittal, transmitting the SIP narrative modifying section 8, Prevention of Significant Deterioration, and other administrative materials. (24) On May 4, 1990, and July 25, 1991, the Governor of Utah submitted revisions to the plan. The revisions include amendments to the ozone nonattainment area regulations for stationary sources of volatile organic compounds (VOCs), contained within Regulation R446–1–4.9 of the Utah Air Conservation Regulations, “Emission Standards. Non-Attainment Area Requirements—Ozone,” and the definitions applicable to the VOC regulations, contained within Regulation R446–1–1, “Foreward and Definitions.” The amendments were made to conform Regulations R446–1–1 and R446–1–4.9 to statutory requirements for application of reasonably available control technology (RACT) to stationary sources of VOC's, as required by section 182(a)(2)(A) of the 1990 Clean Air Act, and to improve the clarity and enforceability of the regulations. (i) Incorporation by reference. (A) Revisions to the following Utah Air Conservation Regulations, Section R446–1–1, Foreward and Definitions, effective January 1, 1991: R446–1–1.10, 1.16, 1.40, 1.60, 1.109, 1.126, 1.140, 1.150, 1.151, 1.159, 1.160, 1.161, 1.162, 1.163, 1.164, 1.165, 1.166, 1.167, 1.168, 1.169, 1.170, 1.171, 1.172, 1.173, 1.174, 1.175, 1.176, 1.177, 1.178, 1.180, 1.182, 1.183, 1.184. (B) Revisions to the following rules of R446–1–4.9, Emission Standards. Non-Attainment Area Requirements—Ozone, effective June 15, 1991: 4.9.A through 4.9.E were added (disposal of VOCs; requirements for EPA concurrence on alternative test methods, alternative methods of control, alternative compliance periods, alternative emission limits, or alternative monitoring schedules; recordkeeping and reporting requirements; RACT requirements for major non-CTG sources; “once-in, always-in” requirements; and allowance for exclusion of non-reactive VOC's); revisions to 4.9.1 (Petroleum Liquid Storage), 4.9.2 (Gasoline Transfer/Storage), 4.9.3 (Control of Hydrocarbon Emissions in Refineries), 4.9.4 (Degreasing and Solvent Cleaning Operations), 4.9.5 (Cutback Asphalt), 4.9.6 (Volatile Organic Compounds Used for Coating Paper, Fabric, Vinyl, Metal Furniture, Large Appliances, Magnet Wire, Flat Wood Paneling, Miscellaneous Metal Parts and Products, and Graphic Arts), 4.9.7 (Perchlorethylene Dry Cleaning Plants), 4.9.8 (Compliance Schedule); 4.9.9 (Compliance Schedule) was deleted. (ii) Additional material. (A) May 9, 1991, letter from F. Burnell Cordner, Executive Secretary, Utah Air Conservation Committee, to Douglas Skie, EPA. This letter provided final changes to R446–1–4.9, indicated that these changes would become effective on June 15, 1991, and indicated that the State would submit the Ozone SIP revision package to EPA after the changes become effective. (B) July 25, 1991, letter from Norman H. Bangerter, Governor, State of Utah, to James Scherer, EPA. Official SIP submittal, transmitting revised Regulation R446–1–4.9, and other administrative materials. This letter provided a negative declaration for seven CTG source categories: large petroleum dry cleaners, manufacturers of high density polyethylene, polypropylene, polystyrene resins, manufacturers of synthesized pharmaceutical products, manufacturers of pneumatic rubber tires, natural gas/gas processing plants, and synthetic organic chemical manufacturing industries (SOCMI) with fugitive emissions and/or air oxidation processes. (C) September 5, 1991, letter from F. Burnell Cordner, Executive Secretary, Utah Air Quality Board, to James Scherer, EPA. This letter provided a negative declaration for three CTG source categories: surface coating of cans, surface coating of metal coils, and surface coating of automobiles and light duty trucks. (D) January 30, 1992, letter from F. Burnell Cordner, Executive Secretary, Utah Air Quality Board, to Doug Skie, EPA. This letter contained the State's commitment to conduct capture efficiency testing using the most recent EPA capture efficiency protocols, and the commitment to adopt federal capture efficiency test methods after they are officially promulgated by EPA. (25) The Governor of Utah submitted a PM10 State Implementation Plan (SIP) for Salt Lake and Utah Counties, Utah with a letter dated November 15, 1991. The submittals were made to satisfy those moderate PM10 nonattainment area SIP requirements due for Salt Lake and Utah Counties as outlined in the Clean Air Act of 1990. The Governor's submittal also included revisions to the Utah Air Quality Rules and to other sections of the State-wide SIP. The Utah Air Conservation Regulations have been revised and renumbered over the past decade and are being replaced in its entirely with this Governor's submittal. (i) Incorporation by reference. (A) Utah Air Conservation Regulations, printed January 27, 1992. (B) Utah State Implementation Plan, Section 1–7 and 10–15, effective March 31, 1992. (C) Utah State Implementation Plan, Section 9, Part A and Section 9, Part A, Appendix A effective August 14, 1991. (26) On November 9, 1992, Norman Bangerter, the Governor of Utah, submitted a SIP revision to the Utah Implementation Plan and Utah Air Conservation Regulations. This revision establishes and requires the implementation of oxygenated fuel programs in Provo-Orem and Salt Lake-Ogden Metropolitan Statistical Areas as required by section 211(m) of the Clean Air Act Amendments of 1990. (i) Incorporation by reference. (A) R307–8; Oxygenated Gasoline Program, of the Utah Air Conservation Regulations as adopted by the State, effective December 16, 1993. (ii) Additional materials. (A) Letter dated November 9, 1992, from Governor Norman Bangerter submitting the oxygenated gasoline program SIP revision. (B) Letter dated May 19, 1994, from Governor Michael O. Leavitt submitting the oxygenated gasoline program SIP revision. (27) The Governor of Utah submitted a Section 16, Stack Height Demonstration and Section 9, Part B, Sulfur Dioxide of the Utah State Implementation Plan (SIP) a letter dated December 23, 1991, and May 15, 1992, respectively. The Governor's submittal also included statewide SO2 regulations. (i) Incorporation by reference. (A) Utah State Implementation Plan, Section 16, effective December 16, 1991. (B) Utah State Implementation Plan, Section 9, Part B effective June 15, 1992. (C) Utah Air Conservation Regulations, R307–1–4. Emission Standards: changes to 4.2 Sulfur Content of Fuels and 4.6.2, effective June 15, 1992. (28) On November 12, 1993, the Governor of Utah submitted revisions to its permitting requirements to satisfy the nonattainment new source review provisions in the amended Clean Air Act for all of its nonattainment areas. On May 20, 1994, the Governor of Utah submitted a revision to Utah's definition of volatile organic compounds. (i) Incorporation by reference. (A) Utah Air Conservation Regulations, R307–1–1, the forward and the following definitions: “air contaminant,” “air contaminant source,” “air pollution,” “allowable emissions,” “ambient air,” “best available control technology (BACT),” “board,” “department,” “dispersion technique,” “emission limitation,” “executive director,” “executive secretary,” “major modification,” “major source,” “PM–10 precursor,” “person,” “temporary,” and “volatile organic compound (VOC);” effective November 15, 1993, printed June 24, 1994. (B) Utah Air Conservation Regulations, R307–1–3.1.8, R307–1–3.1.10, and R307–1–3.3; effective August 16, 1993, printed May 26, 1994. (ii) Additional material. (A) Letter dated October 18, 1994 from Russell A. Roberts to Douglas M. Skie clarifying applicability of Utah's nonattainment new source review permitting requirements. (29) Revisions to the Utah State Implementation Plan for the 1990 Carbon Monoxide Base Year emission inventories for Ogden City, Salt Lake City, and Utah County were submitted by the Governor in a letter dated July 11, 1994. (i) Incorporation by reference. (A) Carbon Monoxide 1990 Base Year Emission Inventories for Ogden City, Utah SIP, Section IX, Part C.3., Table IX.C.5; Salt Lake City, Utah SIP, Section IX, Part C.3., Table IX.C.4; and Utah County, Utah SIP, Section IX, Part C.6., Table IX.C.10 all of which became effective on August 31, 1994. (30) On November 9, 1992, the Governor of Utah submitted a plan for the establishment and implementation of a Small Business Assistance Program to be incorporated into the Utah State Implementation Plan as required by section 507 of the Clean Air Act. (i) Incorporation by reference. (A) Utah Code, Title 19, Chapter 2, Air Conservation Act, Sections 19–2–109.1 and 19–2–109.2, to establish and fund a small business stationary source technical and environmental compliance assistance program, effective April 27, 1992. (ii) Additional materials. (A) November 9, 1992 letter from the Governor of Utah submitting a Small Business Assistance Program plan to EPA. (B) The State of Utah plan for the establishment and implementation of a Small Business Assistance Program, promulgated September 30, 1992 by the Utah Air Quality Board, effective December 1, 1992. (31) On February 1, 1995, the Governor of Utah submitted revisions to the prevention of significant deterioration permitting regulations in R307–1–1 and R307–1–3 of the Utah Air Conservation Regulations to incorporate changes in the Federal PSD permitting regulations for PM–10 increments and to make other minor, administrative changes. (i) Incorporation by reference. (A) Revisions to the Utah Air Conservation Regulations, R307–1–1, the definitions of “baseline area,” “baseline date,” “net emissions increase,” and “significant,” effective 9/22/94, printed 10/24/94. (B) Revisions to the Utah Air Conservation Regulations, R307–1–3, Sections 3.6.2.B, 3.6.2.D, 3.6.2.E, 3.6.3.A, 3.6.3.B, 3.6.3.D.(2) and (3), 3.6.4.A.(1), 3.6.4.C, 3.6.4.D, 3.6.5.A, 3.6.5.B.(1)(a), 3.6.5.C, 3.6.5.D, 3.6.5.E, 3.6.5.F, and 3.6.6, effective 10/1/94, printed 10/24/94. (32)–(33) [Reserved] (34) Revisions to the Utah State Implementation Plan for the Emission Statement Inventory regulation, UACR R307–1–3.5.4., revision of the ozone nonattainment area designation definition, UACR R307–1–3.3.3C, and other minor changes to definitions in UACR R307–1–1. were submitted by the Governor in a letter dated November 12, 1993. (i) Incorporation by reference. (A) Emission Statement Inventory regulation, UACR R307–1–3.5.4, ozone nonattainment area designation definition, UACR R307–1–3.3.3C, and the following definitions in UACR R307–1–1.; “Control Apparatus”, “Emissions Information”, “Peak Ozone Season”, “Process Level”, and “Process Rate”. All were adopted on August 4, 1993, and became effective on November 15, 1993. (B) A letter dated May 30, 1995, from Russell Roberts, Director, Utah Division of Air Quality to Douglas Skie, Chief, Air Programs Branch for Region 8. (35) [Reserved] (36) The Governor of Utah submitted a revision to Utah's State Implementation Plan (SIP) for Visibility Protection with a letter dated July 25, 1996. The revision was made to add a new subsection 15.10 to the SIP to include a policy statement regarding scenic views which was deleted from the Utah Air Conservation Regulations. (i) Incorporation by reference. (A) Utah State Implementation Plan, Subsection 15.10, Policy of the Air Conservation Committee Concerning the Protection of Scenic Views Associated with Mandatory Class I Areas from Significant Impairment for Visibility, adopted on March 26, 1993, and effective on March 29, 1993. (ii) Additional material. (A) A July 25, 1996 letter from Michael O. Leavitt, Utah Governor, to Jack McGraw, EPA Region VIII Acting Regional Administrator, in which it was communicated, among other things, that the Utah Air Quality Board deleted R307–5 from the Utah Air Conservation Regulations. The deletion was effective March 29, 1993. (37) On November 20, 1996, the Governor of Utah submitted a revision to the Utah State Implementation Plan. The submittal included a new Utah regulation which incorporates by reference the Federal new source performance standards in 40 CFR part 60, as in effect on March 12, 1996. (i) Incorporation by reference. (A) Utah Air Conservation Regulations, R307–18–1, “Standards of Performance for New Stationary Sources (NSPS),” effective September 9, 1996, printed October 19, 1996. (38) Revisions to the Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part D, Ozone; Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability; Section X, Vehicle Inspection and Maintenance Program, Part B, Davis County; Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County; Section X, Vehicle Inspection and Maintenance Program, Part E, Weber County; UACR R307–1–3.3.3.C., a portion of Control of Installations; UACR R307–1–3.5.3.B.(1), a portion of Emission Statement Inventory; all as submitted by the Governor on February 19, 1997. EPA approved the above provisions. In addition, EPA approved, for the limited purpose of strengthening the SIP, revisions to UACR R307–14, Requirements for Ozone Nonattainment Areas and Davis and Salt Lake Counties, as submitted by the Governor on February 6, 1996. (i) Incorporation by reference. (A) UACR R307–2–13 adopted by the Utah Air Quality Board on January 8, 1997, effective March 4, 1997, including Section IX, Part D.2 of the Utah State Implementation Plan (SIP) that such rule incorporates by reference (Ozone Maintenance Provisions for Salt Lake and Davis Counties, adopted by the Utah Air Quality Board on January 8, 1997), and excluding any other provisions that such rule incorporates by reference. (B) The following State Approval Orders (AO): Pacificorp Gadsby Power Plant AO DAQE–0063–94 dated February 3, 1994, Kennecott Utah Copper Utah Power Plant AO DAQE–433–94 dated May 27, 1994, Hill Air Force Base (HAFB) AO DAQE–163–96 dated February 9, 1996, HAFB AO DAQE–1134–95 dated December 7, 1995, HAFB AO DAQE–860–95 dated September 20, 1995, HAFB AO DAQE–775–95 dated August 30, 1995, HAFB AO DAQE–403–95 dated May 8, 1995, HAFB AO DAQE–067–95 dated January 31, 1995, HAFB AO DAQE–068–95 dated January 30, 1995, HAFB AO DAQE–915–94 dated October 18, 1994, HAFB AO DAQE–824–94 dated September 29, 1994, HAFB AO DAQE–0752–93 dated August 27, 1993, HAFB AO DAQE–0719–93 dated August 20, 1993, HAFB AO DAQE–0103–93 dated February 11, 1993, HAFB AO DAQE–1171–92 dated January 4, 1993, HAFB AO DAQE–416–92 dated April 28, 1992, HAFB AO DAQE–167–92 dated February 19, 1992, HAFB AO DAQE–894–91 dated November 25, 1991, HAFB AO BAQE–039–91 dated February 7, 1991, HAFB AO BAQE–669–88 dated December 20, 1988, HAFB AO BAQE–525–88 dated October 13, 1988, HAFB AO BAQE–353–88 dated July 21, 1988, HAFB AO BAQE–026–88 dated January 20, 1988, HAFB AO for Industrial Wastewater Treatment Facility dated February 20, 1986, HAFB AO for Hydrazine Exhaust Incinerator dated February 5, 1985, HAFB AO for Paint Booth, HVAC Modification, Standby Generators, and Fuel Storage dated July 18, 1983, HAFB AO for Remodeling Base Exchange BX Service Station dated July 12, 1979, HAFB AO for Construction dated June 27, 1978, and the Olympia Sales Company AO DAQE–300–95 dated April 13, 1995. (C) UACR R307–2–18, adopted by the Utah Air Quality Board on February 5, 1997, effective February 14, 1997. This rule incorporates by reference Section X, Part A of the Utah State Implementation Plan, Vehicle Inspection and Maintenance Program, General Requirements and Applicability. (D) UACR R307–2–31, adopted by the Utah Air Quality Board on February 5, 1997, effective February 14, 1997. This rule incorporates by reference Section X, Part B of the Utah State Implementation Plan, Vehicle Inspection and Maintenance Program, Davis County. (E) UACR R307–2–32, adopted by the Utah Air Quality Board on February 5, 1997, effective February 14, 1997. This rule incorporates by reference Section X, Part C of the Utah State Implementation Plan, Vehicle Inspection and Maintenance Program, Salt Lake County. (F) UACR R307–2–34, adopted by the Utah Air Quality Board on February 5, 1997, effective February 14, 1997. This rule incorporates by reference Section X, Part E of the Utah State Implementation Plan, Vehicle Inspection and Maintenance Program, Weber County. (G) UACR R307–1–3.3.3.C., a portion of Control of Installations, as adopted by the Utah Air Quality Board on January 8, 1997, effective January 15, 1997. (H) UACR R307–1–3.5.3.B.(1), a portion of Emission Statement Inventory regulation, as adopted by the Utah Air Quality Board on January 8, 1997, effective January 15, 1997. (I) UACR R307–14–1, Requirements for Ozone Nonattainment Areas and Davis and Salt Lake Counties, adopted by the Utah Air Quality Board on August 9, 1995, effective on August 15, 1995. (39) Revisions to the Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide as submitted by the Governor on December 6, 1996 (with minor mathematical corrections submitted by the Utah Division of Air Quality on August 12, 1998), excluding Section IX, Part C.7.f.(3) of the plan, “Emissions Credit Allocation,” as EPA is not taking any action on that section of the plan. UACR R307–1–3.3 Requirements for Nonattainment and Maintenance Areas—New and Modified Sources; as submitted by the Governor on November 24, 1995. (i) Incorporation by reference. (A) UACR R307–2–12, adopted by the Utah Air Quality Board on August 7, 1996 and September 4, 1996, effective November 1, 1996, as modified through a notice of nonsubstantive rule change dated July 14, 1998, effective July 27, 1998, to correct minor mathematical errors in Section IX, Part C.7.f.(2) of the Utah State Implementation Plan (SIP). UACR R307–2–12 incorporates by reference a number of provisions of the Utah SIP, only some of which are relevant to this rulemaking action. EPA's incorporation by reference of UACR R307–2–12 only extends to the following Utah SIP provisions and excludes any other provisions that UACR R307–2–12 incorporates by reference: Section IX, Part C.7 (except for Section IX, Part C.7.f.(3)), Carbon Monoxide Maintenance Provisions for Salt Lake City, adopted by Utah Air Quality Board on August 7, 1996, and September 4, 1996, effective November 1, 1996, as modified by the nonsubstantive rule change noted above. (B) UACR R307–1–3.3, a portion of Requirements for Nonattainment and Maintenance Areas—New and Modified Sources, as adopted by the Utah Air Quality Board on October 4, 1995, December 6, 1995, effective January 31, 1996. (ii) Additional material. (A) February 19, 1998, letter from Ursula Trueman, Director, Utah Division of Air Quality, Department of Environmental Quality to Richard R. Long, Director, Air and Radiation Program, EPA Region VIII, entitled “DAQS–0188–98; Technical Support Documents—Ogden City and Salt Lake City CO Maintenance Plans.” This letter confirmed that all the emission projections, contained in the technical support documents for both the Salt Lake City and Ogden City redesignation requests, were properly adopted by the Utah Air Quality Board in accordance with the Utah Air Quality Rules. (B) Materials from Jan Miller, Utah Division of Air Quality, Department of Environmental Quality, received by Tim Russ, Air and Radiation Program, EPA Region VIII, displaying the minor mathematical corrections to the on-road mobile source emission budgets in Section IX, Part C. 7.f.(2) of the Salt Lake City CO Maintenance Plan. These nonsubstantive changes were made in accordance with the Utah Air Quality Rules and were effective July 27, 1998. (40) The Governor of Utah submitted revisions to the Utah State Implementation Plan to revise Utah's definition of a volatile organic compound (VOC) and to include nonsubstantive wording changes regarding VOC emissions from air strippers and soil venting operations. The revisions to the VOC definition, found in UACR R307–1–1, were submitted by the Governor on November 8, 1995, February 12, 1996, November 20, 1996, May 15, 1997, and June 10, 1998. The revisions submitted November 8, 1995, February 12, 1996, November 20, 1996, and May 15, 1997, deleted volatile methyl siloxanes, parachlorobenzotrifluoride (PCBTF), acetone, perchloroethylene (PERC), HFC 43–10mee, HCFC 225ca and HCFC 225cb from the definition of VOCs. The June 10, 1998 submittal incorporated the deletion of 16 more pollutants from the federal list that were determined to have a negligible contribution to tropospheric ozone formation; the compounds are: HFC–32, HFC–161, HFC–236fa, HFC–245ca, HFC–245ea, HFC–245eb, HFC–245fa, HFC–236ea, HFC–365mfc, HCFC–31, HCFC–123a, HCFC–151a, C4F9OCH3, (CF3)2CFCF2OCH3, C4F9OC2H5, and (CF3)2CFCF2OC2H5 (compound names only are listed here, refer to 62 FR 44901, August 25, 1997 for the chemical name and 62 FR 44903, August 25, 1997 for the complete list of exempted VOCs). A second February 12, 1996 Governor's submittal contained minor wording revisions which were made to UACR R307–6–1 regarding VOC emissions from air strippers and soil venting operations. The revision submitted November 20, 1996 also repealed UACR R307–14–8 which had addressed requirements for perchloroethylene dry cleaning plants located in ozone nonattainment and maintenance areas. (i) Incorporation by reference. (A) UACR R307–1–1, a portion of Forward and Definitions, definition of VOC, as adopted by the Utah Air Quality Board on January 7, 1998, effective January 8, 1998. (B) UACR R307–6, a portion of De minimis Emissions from Air Strippers and Soil Venting Projects, nonsubstantive wording changes, effective October 1, 1995. (41) On July 11, 1994 the Governor of Utah submitted revisions to the Utah State Implementation Plan (SIP) to revise the definition for “Sole Source of Heat” under UACR R307–1–1, “Foreword and Definitions,” to allow the exemption of those households with small portable heating devices from mandatory no-burn periods. This revision also made changes to the residential woodburning regulations under UACR R307–1–4.13.3 “No-Burn Periods,” which specifies the actions which must be taken if contingency measures are implemented in the Salt Lake, Davis or Utah County nonattainment areas. These plans were requested to be withdrawn by the Governor in a November 9, 1998, letter to the Regional Administrator. EPA returned the portions of these plans with a letter to the Governor on January 29, 1999. A nonsubstantive change was made in this section as a result of the revision which moves section 4.13.3 D to section 4.13.3.E; this change was also approved by EPA. On February 6, 1996 the Governor of Utah submitted revisions to the Utah State Implementation Plan to revise Utah's open burning regulations, under UACR R307–1–2.4, to require that the local county fire marshal establish 30-day open burning windows during the spring and fall closed burning seasons in areas outside of Salt Lake, Davis, Weber, and Utah Counties as granted by the state forester. There were also minor changes made to the open burning regulations under UACR R307–1–2.4, “General Burning” and minor changes made to UACR R307–1–2.5 “Confidentiality of Information.” On July 9, 1998 the Governor of Utah submitted revisions to the Utah SIP to add a definition for “PM10 Nonattainment Area,” under UACR R307–1–1, “Foreword and Definitions.” (i) Incorporation by reference. (A) UACR R307–1–1, a portion of “Foreword and Definitions,” revision of definition for “Sole Source of Heat,” as adopted by Utah Air Quality Board on December 9, 1993, effective on January 31, 1994. (B) UACR R307–1–4, a portion of “Emissions Standards,” as adopted by Utah Air Quality Board on December 9, 1993, effective on January 31, 1994. (C) UACR R307–1–2, a portion of “General Requirements,” open burning changes and nonsubstantive wording changes, as adopted by Utah Air Quality Board on September 6, 1995, effective on October 31, 1995. (D) UACR R307–1–1, a portion of “Foreword and Definitions,” addition of definition for “PM10 Nonattainment Area,” as adopted by Utah Air Quality Board on January 7, 1998, effective on January 8, 1998. (ii) Additional Material. (A) July 20, 1998, fax from Jan Miller, Utah Department of Air Quality, to Cindy Rosenberg, EPA Region VIII, transmitting Utah Code 65A–8–9, regarding closed fire seasons. (B) October 21, 1998, letter from Richard R. Long, Director, EPA Air and Radiation Program, to Ursula Trueman, Director, Utah Division of Air Quality, requesting that Utah withdraw the submitted Salt Lake and Davis County PM10 Contingency Measure SIP revisions, the Utah County PM10 Contingency Measure SIP revisions, and the Residential Woodburning in Salt Lake, Davis and Utah Counties PM10 Contingency Measure SIP revision. (C) November 9, 1998, letter from the Governor of Utah, to William Yellowtail, EPA Region VIII Administrator, requesting that the submitted Salt Lake and Davis County and Utah County PM10 Contingency Measure SIP revisions and the Residential Woodburning in Salt Lake, Davis and Utah Counties PM10 Contingency Measure SIP revision be withdrawn. (D) December 16, 1998, letter from Larry Svoboda, EPA Region VIII, to Ursula Trueman, Utah Department of Air Quality, clarifying revisions that were made to UACR R307–1–4. (E) January 5, 1999, letter from Ursula Trueman, Utah Department of Air Quality, to William Yellowtail, EPA Region VIII Administrator, concurring on EPA's clarification of revisions that were made to UACR R307–1–4. (F) January 29, 1999, letter from William Yellowtail, EPA Region VIII Administrator, to the Governor of Utah returning the Salt Lake and Davis County and Utah County PM10 Contingency Measure SIP revisions and the Residential Woodburning in Salt Lake, Davis and Utah Counties PM10 Contingency Measure SIP revision. (42) On February 12, 1996, the Governor of Utah submitted revisions submitted revisions to the SIP that incorporate the General Conformity requirements of 40 CFR part 93, subpart B into the SIP and State regulation. (i) Incorporation by reference. (A) UACR R307–2–30, Section XXII, General Conformity, as adopted on October 4, 1995, effective October 12, 1995. (B) UACR R307–19, General Conformity, as adopted on October 4, 1995, effective October 12, 1995. (43) On February 1, 1995 the Governor of Utah submitted revisions to the Utah SIP to revise the provisions for road salting and sanding in Section 9, part A of the SIP and in UACR R307–1–3, updating the incorporation by reference in R307–2–1, deleting obsolete measures for nonferrous smelters in R307–1–3, and making nonsubstantive changes to UACR R307–1–1 and R307–1–3. (i) Incorporation by reference. (A) UACR R307–1–3, a portion of “Control of Installations,” revisions to road salting and sanding requirements and deletion of non ferrous smelter orders, as adopted by Utah Air Quality Board on November 5, 1993, effective on January 3, 1994. (B) UACR R307–2–1, “Incorporation by Reference,” revised date for incorporation by reference of the State Implementation Plan, as adopted by Utah Air Quality Board on January 31, 1994. (C) UACR R307–1–1, “Foreword and Definitions,” nonsubstantive change made to definition of “PM10 precursor,” effective on June 1, 1994. (D) UACR R307–1–3, “Control of Installations,” nonsubstantive changes to road salting and sanding, effective on June 1, 1994. (ii) Additional Material. (A) February 22, 1999 letter from Ursula Trueman, Director, Utah Division of Air Quality, to Richard Long, Director, EPA Region VIII Air and Radiation Program, transmitting nonsubstantive change correction to R307–2–1, “Incorporation by Reference,” that was left out of the February 1, 1995 SIP submittal. (B) March 16, 1999 letter from Larry Svoboda, Unit Leader, EPA Region VIII Air and Radiation Program, to Ursula Trueman, Director, Utah Division of Air Quality, explaining EPA's interpretation of nonsubstantive revision to definition of “PM10 precursor.” (C) April 28, 1999 letter from Richard Sprott, Planning Branch Manager, Utah Division of Air Quality, to Larry Svoboda, Unit Leader, EPA Region VIII Air and Radiation Program, providing explanation for and background to the “PM10 precursor” definition. (D) August 26, 1999 fax from Jan Miller, Utah Division of Air Quality, to Cindy Rosenberg, EPA Region VIII Air and Radiation Program, transmitting documentation for effective date of the “PM10 precursor” definition. (44) On February 29, 2000, the Governor of Utah submitted revisions to Section XI of the SIP that incorporate a new transportation control measure for Utah County into the SIP and State regulation. (i) Incorporation by reference. (A) UACR R307–110–19, Section XI, Other Control Measures for Mobile Sources, as adopted on February 9, 2000, effective February 10, 2000. (B) Revisions to Section XI of the Utah SIP, Other Control Measures for Mobile Sources, adopted February 9, 2000, effective February 10, 2000. (45) Revisions to the Utah State Implementation Plan, Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide (“Carbon Monoxide Maintenance Provisions for Ogden City”) as submitted by the Governor on December 9, 1996, excluding section IX, part C.8.f.(3) of the plan, “Emissions Credit Allocation,” as EPA is not taking any action on that section of the plan. UACR R307–8; Oxygenated Gasoline Program as submitted by the Governor on July 8, 1998. (i) Incorporation by reference. (A) UACR R307–2–12, section IX, part C of the Utah State Implementation Plan (SIP), adopted by the Utah Air Quality Board on August 7, 1996, and September 4, 1996, effective November 1, 1996. EPA's incorporation by reference of UACR R307–2–12 only extends to the following Utah SIP provisions and excludes any other provisions that UACR R307–2–12 incorporates by reference: Section IX, part C.8 (except for section IX, part C.8.f.(3)), “Carbon Monoxide Maintenance Provisions for Ogden City,” adopted by Utah Air Quality Board on August 7, 1996, and September 4, 1996, effective November 1, 1996. (B) UACR R307–8, Oxygenated Gasoline Program, as adopted by the Utah Air Quality Board on April 21, 1998, effective April 22, 1998. (ii) Additional materials. (A) February 19, 1998, letter from Ursula Trueman, Director, Utah Division of Air Quality, Department of Environmental Quality to Richard R. Long, Director, Air and Radiation Program, EPA Region VIII, entitled “DAQS–0188–98; Technical Support Documents—Ogden City and Salt Lake City CO Maintenance Plans.” This letter confirmed that all the emission projections contained in the technical support documents for both the Salt Lake City and Ogden City redesignation requests were properly adopted by the Utah Air Quality Board in accordance with the Utah Air Quality Rules. (B) July 17, 2000, letter from Richard Long, Director, Air and Radiation Program, EPA Region VIII, to Ursula Kramer, Director, Utah Division of Air Quality, Department of Environmental Quality, entitled “Federal Register Action for the Ogden City Carbon Monoxide (CO) Redesignation—Resolution of Issues with the Conformity Budgets.” (C) September 11, 2000, letter from Rick Sprott, Acting Director, Utah Division of Air Quality, Department of Environmental Quality, to Richard Long, Director, Air and Radiation Program, EPA Region VIII, entitled “DAQP–131–00; Ogden City Carbon Monoxide (CO) Redesignation—Resolution of Issues with the Conformity Budgets.” This letter provided clarification regarding the transportation conformity budgets in section IX.C.8 of the Ogden City maintenance plan SIP revision. (46) On April 19, 2000, the Governor of Utah submitted revisions to the State's Air Conservation Regulations to update the definitions for “significant” and “volatile organic compound” to be in agreement with the federal definitions found at 40 CFR 51.166(23)(i) and 40 CFR 51.100(s)(1), July 1, 1998, respectively. (i) Incorporation by reference. (A) Utah Air Conservation Regulations section R307–101–2, definitions of “significant” and “volatile organic compound” (VOC), effective April 8, 1999. (47) The Governor of Utah submitted a request to repeal sections R307–1–4.11 and R307–2–28, and revise R307–7of the Utah Air Conservation Regulations (UACR) on June 17, 1998. R307–1–4.11 is removed from the SIP. No action was taken on the repeal of R307–2–28 because it was never approved into the SIP. (i) Incorporation by reference. (A) UACR R307–7 effective November 15, 1996. (48) On August 14, 2001, the Governor of Utah submitted a revision to Utah's SIP to update UACR R307–110–33, Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County. The changes involve a demonstration that Salt Lake County's test and repair I/M network is as effective as a test only I/M network. (i) Incorporation by reference. (A) UACR R307–110–33, which incorporates by reference Utah SIP, Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County and appendices 1.a, 1.b, and 1.c, adopted by the UAQB August 1, 2001 and State effective on August 2, 2001. (49) On August 15, 2001, the Governor of Utah submitted a revision to Utah's SIP to update UACR R307–110–31, Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability. This revision required the mandatory implementation of the inspection of vehicle On-Board Diagnostic (OBD) systems starting January 1, 2002 in all areas implementing an I/M program. (i) Incorporation by reference. (A) UACR R–307–110–31 which incorporates by reference Utah SIP, Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability adopted by the UAQB on August 1, 2001 and State effective on August 2, 2001. (50) The Governor of Utah submitted Rule R307–110–34 and Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County as part of the Utah State Implementation Plan on December 7, 2001. (i) Incorporation by reference. (A) Rule R307–110–34 and Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County, including appendices 1 through 6, as adopted by the Utah Air Quality Board on August 1, 2001, effective October 2, 2001, published in the Utah State Bulletin issue of September 1, 2001. (ii) Additional Material. (A) Letter dated December 7, 2001 from Governor Michael O. Leavitt submitting Utah County's inspection and maintenance program state implementation plan revision. (B) Evaluation of the Utah County Inspection/Maintenance Program, dated May 20, 1999. (51) On May 13, 2002, the Governor of Utah submitted a revision to Utah's SIP involving a new rule R307-310 “Salt Lake County: Trading of Emission Budgets for Transportation Conformity.” R307–310 allows trading from the motor vehicle emissions budget for primary Particulate Matter of 10 microns or less in diameter (PM10) in the Salt Lake County PM10 SIP to the motor vehicle emissions budget for Nitrogen Oxides (NOX) in the Salt Lake County PM10 SIP. This trading mechanism allows Salt Lake County to increase their NOX budget in the Salt Lake County PM10 SIP by decreasing their PM10 budget by an equivalent amount. These adjusted budgets in the Salt Lake County PM10 SIP would then be used for transportation conformity purposes. (i) Incorporation by reference. (A) Rule R307–310 “Salt Lake County: Trading of Emission Budgets for Transportation Conformity”, as adopted on May 13, 2002, by the Utah Air Quality Board, and State effective on May 13, 2002. (52) [Reserved] (53) On September 27, 2001, the Governor of Utah submitted a revision to Utah's SIP involving R307–301 “Utah and Weber Counties: Oxygenated Gasoline Program.” Specifically, the State revised R307–301–3 “Average Oxygen Content Standard” to only require the implementation of a 2.7% oxygen by weight program and not a 3.1% program that the State had mandated in a 1998 revision. (i) Incorporation by reference. (A) Rule R307–301–3 “Average Oxygen Content Standard”, as adopted on September 5, 2001, by the Utah Air Quality Board, and State effective on September 10, 2001. This rule supersedes and replaces R307–8–3.1.B. (54) On July 3, 2002, the Governor of Utah submitted a SIP revision revising the SIP for the Utah County nonattainment area for particulates of 10 microns in size or smaller (PM10). The Governor's submittal, among other things, revises the existing attainment demonstration in the approved PM10 SIP based on a short-term emissions inventory, establishes 24-hour emission limits for the major stationary sources in the Utah County PM10 nonattainment area and establishes motor vehicle emission budgets based on EPA's most recent mobile source emissions model, Mobile6. (i) Incorporation by reference. (A) Rule R307–110–10, which incorporates revisions to portions of the Utah State Implementation Plan, Section IX, “Control Measures for Area and Point Sources,” Part A, “Fine Particulate Matter” as adopted on July 3, 2002, by the Utah Air Quality Board, and State effective on September 5, 2002. (Section IX of the Utah SIP was formerly designated Section 9. The revisions to Section IX, Part A we are incorporating by reference with this action do not replace Section 9, Part A entirely, but revise portions of Section 9.A.3., 9.A.6, 9.A.7, 9.A.8, 9.A.9 of the previously approved Utah SIP and add a new Section IX.A.10.) (B) Rule R307–110–17, which incorporates revisions to portions of the Utah State Implementation Plan, Section IX, “Control Measures for Area and Point Sources,” Part H, “Emission Limits,” as adopted on June 5, 2002, by the Utah Air Quality, and State effective on September 5, 2002. (Section IX, Part H of the Utah SIP was formerly designated Section 9, Appendix A. The revisions to Section IX, Part H we are incorporating by reference with this action replace the following sections of Section 9, Appendix A of the previously approved Utah SIP: Section 1.1 (General Requirements (Utah County)) and all subsections thereof; Section 1.2 (Particulate Emission Limitations (company specific)) and all subsections thereof.) (ii) Additional material. (A) Letter dated August 9, 2002 from Richard Sprott, Director, Utah Division of Air Quality, to Richard Long, Director, Air and Radiation Program, EPA Region 8, transmitting the chronology of how the Utah County PM10 SIP revision was adopted over two Utah Air Quality Board meetings (June 5, 2002 and July 3, 2002) and the justification for the nonsubstantive revisions made between the two adoption dates. (B) Letter dated July 3, 2002 from Governor Michael O. Leavitt, State of Utah, to Robert E. Roberts, Regional Administrator, EPA Region 8, requesting EPA's approval of the Utah State Implementation Plan for PM10 in Utah County. (C) Commitment letter dated April 18, 2002 from Richard Sprott, Director, Utah Division of Air Quality, to Richard Long, Director, Air and Radiation Program, EPA Region 8, committing to work with us to address remaining issues with the PM10 SIPs for both the Utah and Salt Lake County nonattainment areas and with the Utah SIP in general. Utah will address these ongoing issues in a SIP revision (which may be in the form of a maintenance plan) that will be submitted by March 1, 2004. (D) Letter dated March 15, 2002 from, Richard Sprott, Director, Utah Division of Air Quality, to Richard Long, Director, Air and Radiation Program, EPA Region 8, accompanied by three volumes of Technical Support Documentation titled “Supplement II–02 to the Technical Support Documentation for the State Implementation Plan for PM10” for the Utah County PM10 SIP revision. (E) Utah's General Definition rule R307–101–2 as in effect at the time Utah adopted Section IX, Part H of the SIP revision on June 5, 2002. (F) All portions of the July 3, 2002 Utah PM10 SIP revision submittal, other than any documents or provisions mentioned in paragraph (c)(54)(i) of this section. (55) [Reserved] (56) On June 27, 1994 and April 28, 2000, the Governor of Utah submitted revisions to the State Implementation Plan. On December 31, 2002, the State of Utah submitted Supplemental Administrative Documentation. The June 27, 1994 submittal revises the numbering and format of Utah's State Implementation Plan (SIP). The April 28, 2000 and December 31, 2002 submittals contain non-substantive changes to correct minor errors in the June 27, 1994 submittal. The provisions identified below are approved into the SIP and supersede and replace the corresponding prior codification of the provisions of the SIP. (i) Incorporation by reference. (A) Utah State Implementation Plan Section I; Section II; Section III (except III.C); Section IV; Section V; Section VI; Section VII (except VII.D); Section IX, Part IX.B (except the title, IX.B.3.a, IX.B.3.d, IX.B.3.e, and IX.B.4); Section IX, Parts C, E, F and G (except the titles); Section IX, Part D.1 (except for the title and IX.D.1.d (5)); Section XI ( Appendix 1 and Appendix 2 only); Section XII; Section XIII; Section XIV (except Table IX.9); Section XV; Section XVI; Section XVII (except XVII.A, XVII.D and XVII.E); Section XVIII (except XVIII.B); and Section XIX, effective 11/12/93. (B) Utah State Implementation Plan Section IX, Part IX.B.3.d; Section IX, titles of Parts B, C, D.1, E, F and G; Section XIV, Table XIV.9; Section XVII, Parts XVII.A, XVII.D and XVII.E; and Section XVIII, Part XVIII.B, effective 2/25/2000. (C) Utah State Implementation Plan Section III, Part III.C; Section VII, Part VII.D; Section VIII; Section IX, Parts IX.B.3.a, IX.B.3.e, IX.B.4, IX.C.7.b(3), IX.C.7.h(3), IX.C.8.b(3), IX.C.8.f(1)(a), IX.C.8.h(3)(a), IX.C.8.h(3)(c), IX.D.1.d(5), IX.D.2.b, IX.D.2.d(1)(a), IX.D.2.e(1), IX.D.2.f(1)(a), IX.D.2.h (except IX.D.2.h(2)), IX.D.2.i and IX.D.2.j; and Section XXII, effective January 1, 2003. (ii) Additional Material. (A) October 3, 2002 letter from Rick Sprott, Utah Department of Air Quality, to Richard Long, EPA Region VIII, to address typographical errors and missing pages in the January 27, 1994 submittal. (B) [Reserved] (57) On September 7, 1999 and February 11, 2003, the Governor of Utah submitted revisions to the SIP. The submittals revise Utah's Air Conservation Regulations (UACR), R307–170, Continuous Emission Monitoring Program, by repealing and re-enacting the rule to clarify requirements of the rule. The revisions are being approved into the SIP. (i) Incorporation by reference. (A) UACR R307–170, effective 4/1/1999, except sections R307–170–4, R307–170–5 and R307–170–9. (B) UACR sections R307–170–4, R307–170–5 and R307–170–9, effective December 5, 2002. (58) On November 9, 2001 and September 16, 2003 the State of Utah submitted revisions to its State Implementation Plan (SIP) to incorporate new and revise existing definitions in the new source review (NSR) rules. The revisions update the State's NSR rules so that they are consistent with the revisions EPA made to its NSR rules on July 21, 1992. (i) Incorporation by reference. (A) Revisions to the Utah Air Conservation Regulations, R307–101–2, the definitions “Actual Emissions,” “Clean Coal Technology,” “Clean Coal Technology Demonstration Project,” “Electric Utility Steam Generating Unit,” “Emissions Unit,” “Pollution Control Project,” and “Representative Actual Annual Emissions,” effective 7/12/01. (B) Revisions to the Utah Air Conservation Regulations, R307–101–2, the definitions “Major Modification,” “Reactivation of Very Clean Coal-Fired Electric Utility Steam Generating Unit,” “Repowering,” and “Temporary Clean Coal Technology Demonstration Project,” effective 6/1/03. (C) Revisions to the Utah Air Conservation Regulations, R307–405–1, the definition “Major Modification” effective 6/1/03. (59) On February 5, 2001, October 26, 2000, September 20, 1999, September 7, 1999, two State Implementation Plan (SIP) revisions submitted February 6, 1996 and one on January 27, 1995, the State of Utah submitted SIP revisions that recodifies Utah's rules that had previously been approved into Utah's SIP; removed from Utah's SIP language that is obsolete or is generally not related to attainment of the National Ambient Air Quality Standards (NAAQS) and is therefore not appropriate to be in Utah's SIP; and arranged rules to allow for a more coherent SIP structure. (i) Incorporation by Reference. (A) Utah Administrative Code (UAC) rule sections: R307–101–1 and 2 with the exception of the definitions for “actual emissions,” “major modification,” “part 70 source,” “significant,” and “volatile organic compound” effective September 15, 1998; R307–102–1 through R307–102–6 effective September 15, 1998 and R307–102–1(2) effective August 3, 2000; R307–105–1 and R307–105–2 effective September 15, 1998, R307–107–1 through R307–107–6 effective September 15, 1998; R307–110–1 through R307–110–9, R307–110–11, R307–110–13 through R307–110–15, R307–110–18, R307–110–20 through R307–110–28, R307–110–30, and R307–110–32 effective September 15, 1998; R307–115–1 effective September 15, 1998; R307–130–1 through R307–130–4 effective September 15, 1998; R307–165–1 through R307–165–4 effective September 15, 1998; R307–201–1 through R307–201–3 effective September 15, 1998; R307–202–1 through R307–202–6 effective September 15, 1998; R307–203–1 through R307–203–3 effective September 15, 1998; R307–206–1 through R307–206–5 effective September 15, 1998; R307–301–1, R307–301–2, and R307–301–4 through R307–301–14 effective November 12, 1998; R307–302–1, R307–302–2 and R307–302–4 effective September 15, 1998; R307–305–1 through R307–305–7 effective September 15, 1998; R307–307–1 through R307–307–3 effective September 15, 1998; R307–325–1 through R307–325–4 effective September 15, 1998; R307–326–1 through R307–326–7 effective September 15, 1998; R307–327–1 through R307–327–3 effective September 15, 1998; R307–328–1 through R307–328–5 effective September 15, 1998; R307–335–1 through R307–335–4 effective September 15, 1998; R307–340–1 through R307–340–13 effective September 15, 1998; R307–341–1 through R307–341–3 effective September 15, 1998; R307–342–1 through R307–342–7 effective September 15, 1998; R307–401–9 and R307–401–10(1) effective September 15, 1998; R307–403–1 through R307–403–9 effective September 15, 1998; R307–405–1 through R307–405–8 effective September 15, 1998; R307–406–1 through R307–406–6 effective September 15, 1998; R307–413–7 effective September 15, 1998; and R307–414–1 through R307–414–3 effective September 15, 1998. (ii) Additional Material. (A) Outline for Utah's Rules Reorganization effective September 15, 1998. (B) July 6, 2000 letter from Richard Long, EPA Region VIII to Ursula Kramer, Director, Utah Division of Environmental Quality requesting Utah to withdraw Utah SIP submittals dated April 30, 1998, October 9, 1998, and April 19, 2000. (C) October 6, 2000 letter from Richard Long, EPA Region VIII to Rick Sprott, Acting Director, Utah Division of Air Quality (UDAQ) notifying UDAQ of an October 6, 1995 EPA memorandum (included with the October 6, 2000 letter) stating that Clean Air Act section 172(c)(9) pertaining to contingency measures requirements would not apply to PM10 nonattainment areas that had attained the standard with at least 3 years of clean air quality and as long as the area continued to attain the standard. (D) October 16, 2000 letter from Michael Leavitt, Governor of Utah to William Yellowtail, Regional Administrator, EPA Region VIII requesting the withdraw of Utah's SIP submittals dated April 30, 1998, October 9, 1998, and April 19, 2000. (E) April 2, 2002 letter from Richard Long, EPA Region VIII to Rick Sprott, Director, Utah Division of Air Quality informing UDAQ of our intent to not act on Utah's SIP submittal dated October 26, 2000 and our intent to remove existing asbestos rule language (R701–1–8) from Utah's federally approved SIP. (F) April 7, 2005 letter from Rick Sprott, Director, Utah Division of Air Quality agreeing with EPA on the exclusion of Utah rules R307–1–6, R307–121, R307–122, R307–135, R307–214, R307–215, R307–220, R307–221, R307–320, R307–332, R307–415, R307–417, and R307–1–8 from Utah's federally approved SIP. (60) Revisions to the Utah State Implementation Plan, Section IX, Part C.7, “Carbon Monoxide Maintenance Provisions for Salt Lake City,” as submitted by the Governor on October 19, 2004; revisions to UAC R307–110–12, “Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,” as submitted by the Governor on October 19, 2004; revisions to the Utah State Implementation Plan, Section X, “Vehicle Inspection and Maintenance Program, Part C, Salt Lake County,” as submitted by the Governor on October 19, 2004; and revisions to UAC R307–110–33, “Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County,” as submitted by the Governor on October 19, 2004. (i) Incorporation by reference. (A) UACR R307–110–12, as adopted by the Utah Air Quality Board on October 6, 2004, effective December 2, 2004. This incorporation by reference of UAC R307–110–12 only extends to the following Utah SIP provisions and excludes any other provisions that UAC R307–110–12 incorporates by reference: Section IX, Part C.7, “Carbon Monoxide Maintenance Provisions for Salt Lake City,” adopted by Utah Air Quality Board on October 6, 2004, effective December 2, 2004. (B) UAC R307–110–33, “Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County,” as adopted by the Utah Air Quality Board on October 6, 2004, effective October 7, 2004. (61) Revisions to the Utah State Implementation Plan, Section IX, Part C.8, “Carbon Monoxide Maintenance Provisions for Ogden,” as submitted by the Governor on November 29, 2004; revisions to UAC R307–110–12, “Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,” as submitted by the Governor on November 29, 2004; revisions to the Utah State Implementation Plan, Section X, “Vehicle Inspection and Maintenance Program, Part E, Weber County,” as submitted by the Governor on November 29, 2004; and revisions to UAC R307–110–35, “Section X, Vehicle Inspection and Maintenance Program, Part E, Weber County,” as submitted by the Governor on November 29, 2004. (i) Incorporation by reference. (A) UAC R307–110–12, as adopted by the Utah Air Quality Board on November 3, 2004, effective January 4, 2005. This incorporation by reference of UAC R307–110–12 only extends to the following Utah SIP provisions and excludes any other provisions that UAC R307–110–12 incorporates by reference: Section IX, Part C.8, “Carbon Monoxide Maintenance Provisions for Ogden,” adopted by the Utah Air Quality Board on November 3, 2004, effective January 4, 2005. (B) UAC R307–110–35, “Section X, Vehicle Inspection and Maintenance Program, Part E, Weber County,” as adopted by the Utah Air Quality Board on November 3, 2004, effective November 4, 2004. (ii) Additional Materials (A) A July 28, 2005 letter from Jan Miller, Utah Department of Environmental Quality, to Kerri Fiedler, EPA Region VIII, to address typographical errors in the November 29, 2004 submittal. (B) An August 2, 2005 letter from Richard Sprott, Utah Department of Environmental Quality, to Gary House, Weber-Morgan Board of Health, addressing limits on Weber County authority to revise vehicle emission cutpoints. (62) Revisions to the Utah State Implementation Plan, “Section IX, Part C.6, Carbon Monoxide Provisions for Provo,” as submitted by the Governor on April 1, 2004; revisions to UAC R307–110–12, “Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,” as submitted by the Governor on April 1, 2004; revisions to the Utah State Implementation Plan, “Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability,” as submitted by the Governor on April 1, 2004; revisions to UAC R307–110–31, “Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability,” as submitted by the Governor on April 1, 2004; revisions to the Utah State Implementation Plan, “Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County,” as submitted by the Governor on April 1, 2004; revisions to UAC R307–110–34, “Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County,” as submitted by the Governor on April 1, 2004; the removal of UAC R307–301 from the Federally-approved SIP as requested by the Governor on April 1, 2004; and UAC R307–302–3, and UAC R307–302–4, “No-Burn Periods for Carbon Monoxide” and “Violations,” respectively, as submitted by the Governor on September 20, 1999. (i) Incorporation by reference. (A) UAC R307–110–12, as adopted by the Utah Air Quality Board on March 31, 2004, effective May 18, 2004. This incorporation by reference of UAC R307–110–12 only extends to the following Utah SIP provisions and excludes any other provisions that UAC R307–110–12 incorporates by reference: “Section IX, Part C.6, Carbon Monoxide Provisions for Provo,” adopted by the Utah Air Quality Board on March 31, 2004, effective May 18, 2004. (B) UAC R307–110–31, “Section X, Vehicle Inspection and Maintenance Program, Part A, General Requirements and Applicability,” as adopted by the Utah Air Quality Board on March 31, 2004, effective May 18, 2004. (C) UAC R307–110–34, “Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County,” as adopted by the Utah Air Quality Board on March 31, 2004, effective May 18, 2004. (D) UAC R307–302–3, “No-Burn Periods for Carbon Monoxide,” as adopted by the Utah Air Quality Board on August 13, 1998, effective September 15, 1998. (E) UAC R307–302–4, “Violations,” as adopted by the Utah Air Quality Board on August 13, 1998, effective September 15, 1998. (ii) Additional materials. (A) An August 2, 2005 letter from Richard Sprott, Utah Department of Environmental Quality, to Jerry Grover, Utah County Commission, addressing limits on Utah County authority to revise vehicle emission cut-points. (B) An August 19, 2005 letter from Richard Sprott, Utah Department of Environmental Quality, to Richard Long, EPA Region VIII, providing supplemental Technical Support Documentation to Volumes 11 and 12 of the State's Technical Support Document for the Provo area's carbon monoxide attainment demonstration and maintenance plan that was submitted by Governor Walker on April 1, 2004. (C) A September 8, 2005 letter from Jan Miller, Utah Department of Environmental Quality, to Kerri Fiedler, EPA Region VIII, to address typographical errors in “Section X, Part D, Utah County Vehicle Emissions Inspection and Maintenance Program” that was submitted by Governor Walker on April 1, 2004. [37 FR 10898, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.2320, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.2321 Classification of regions. top The Utah plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Wasatch Front Intrastate............................. I I I I I Four Corners Interstate.............................. IA IA III III III Utah Intrastate...................................... III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10898, May 31, 1972, as amended at 39 FR 16347, May 8, 1974] § 52.2322 Extensions. top (a) The Administrator, by authority delegated under section 188(d) of the Clean Air Act, as amended in 1990, extends for one year (until December 31, 1995) the attainment date for the Salt Lake County PM10 nonattainment area. The Administrator, by authority delegated under section 188(d) of the Clean Air Act, as amended in 1990, extends for two years (until December 31, 1996) the attainment date for the Utah County PM10 nonattainment area. (b) [Reserved] [66 FR 32760, June 18, 2001] § 52.2323 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Utah's plan as meeting the requirements of section 110 of the Clean Air Act as amended in 1977. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977, except as noted below. [45 FR 10765, Feb. 19, 1980] §§ 52.2324-52.2330 [Reserved] top § 52.2331 Attainment dates for national standards. top The attainment date for the secondary NAAQS for sulfur dioxide for Salt Lake County and portions of Tooele County is December 31, 1994. [61 FR 16062, Apr. 11, 1996] § 52.2332 Control Strategy: Ozone. top Determinations—EPA is determining that, as of July 18, 1995, the Salt Lake and Davis Counties ozone nonattainment area has attained the ozone standard based on air quality monitoring data from 1992, 1993, and 1994, and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the area for so long as the area does not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in the Salt Lake and Davis Counties ozone nonattainment area, these determinations shall no longer apply. [60 FR 36729, July 18, 1995] § 52.2333 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met since section 26–24–16 of the Utah Code Annotated (1953), may preclude the release of emission data, as correlated with applicable emission limitations, under certain circumstances. [37 FR 15090, July 27, 1972, as amended at 51 FR 40676, Nov. 7, 1986] §§ 52.2334-52.2345 [Reserved] top § 52.2346 Significant deterioration of air quality. top (a) The Utah plan, as submitted, is approved as meeting the requirements of Part C, Title I, of the Clean Air Act, except that it does not apply to sources proposing to construct on Indian Reservations. (b) Regulation for prevention of significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the Utah State implementation plan and are applicable to proposed major stationary sources or major modifications to be located on Indian Reservations. (c) The State of Utah has clarified the generalized language contained in the Utah Air Conservation Regulations on the use of the “Guidelines on Air Quality Models.” In a letter to Douglas M. Skie, EPA, dated May 26, 1989, F. Burnell Cordner, Director of the Bureau of Air Quality, stated: * * * The language in section 3.7 of the Utah Air Conservation Regulations on the use of “Guidelines on Air Quality Models” means that all PSD permit reviews will comply with the use of the “Guideline on Air Quality Models (Revised)”, EPA 450/2–78–027R, and any future supplements approved by EPA. [47 FR 6428, Feb. 12, 1982, as amended at 54 FR 27881, July 3, 1989; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003] § 52.2347 Stack height regulations. top The State of Utah has committed to revise its stack height regulations should EPA complete rulemaking to respond to the decision in NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas M. Skie, EPA, dated May 27, 1988, F. Burnell Cordner, Director, Bureau of Air Quality, stated: * * * We are submitting this letter to allow EPA to continue to process our current SIP submittal with the understanding that if the EPA's response to the NRDC remand modifies the July 8, 1985 regulations, the EPA will notify the State of the rules that must be changed to comply with the EPA's modified requirements. The State of Utah agrees to process appropriate changes. [54 FR 24341, June 7, 1989] § 52.2348 National Highway Systems Designation Act Motor Vehicle Inspection and Maintenance (I/M) Programs. top (a) On March 15, 1996 the Governor of Utah submitted a revised I/M program for Utah County which included a credit claim, a basis in fact for the credit claimed, a description of the County's program, draft County ordinances, and authorizing legislation for the program. Approval is granted on an interim basis for a period of 18 months, under the authority of section 348 of the National Highway Systems Designation Act of 1995. If Utah County fails to start its program by November 15, 1997 at the latest, this approval will convert to a disapproval after EPA sends a letter to the State. At the end of the eighteen month period, the approval will lapse. At that time, EPA must take final rulemaking action upon the State's SIP, under the authority of section 110 of the Clean Air Act. Final action on the State/County's plan will be taken following EPA's review of the State/County's credit evaluation and final regulations (State and County) as submitted to EPA. (b) On May 20, 1999, the State of Utah submitted an evaluation of the Utah County inspection and maintenance program. On December 7, 2001, the Governor of Utah submitted Rule R307–110–34 and Section X, Vehicle Inspection and Maintenance Program, Part D, Utah County. These submittals satisfy the interim approval requirements specified under section 348 of the National Highway Systems Designation Act of 1995 (62 FR 31351, 63 FR 414). Under the authority of section 110 of the Clean Air Act, EPA is removing the interim status of Utah County's improved inspection and maintenance program and granting Utah County full final approval of their improved inspection and maintenance program. [62 FR 31351, June 9, 1997, as amended at 67 FR 57748, Sept. 12, 2002] § 52.2350 Emission inventories. top (a) The Governor of the State of Utah submitted the 1990 base year emission inventory of ozone precursors, which are volatile organic compounds, nitrogen oxides, and carbon monoxide, for the Salt Lake and Davis Counties ozone nonattainment area on January 13, 1995, as a revision to the State Implementation Plan (SIP). This inventory addresses emissions from point, area, non-road, on-road mobile, and biogenic sources. This Governor's submittal was followed by the submittal of corrections to the inventory, on April 20, 1995, from Russell Roberts, Director, Division of Air Quality, Utah Department of Environmental Quality. The ozone maintenance plan for Salt Lake and Davis Counties that the Governor submitted on February 19, 1997, incorporates by reference the corrected 1990 base year ozone emission inventory as background material. The 1990 ozone base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for the Salt Lake and Davis Counties area. (b) On November 12, 1997, the Governor of Utah submitted the 1993 Carbon Monoxide Periodic Emission Inventories for Ogden City and Utah County as revisions to the Utah State Implementation Plan. These inventories address carbon monoxide emissions from stationary point, area, non-road, and on-road mobile sources. (c) On June 14, 1999, the Governor of Utah submitted the 1996 Carbon Monoxide Periodic Emission Inventory for Utah County as a revision to the Utah State Implementation Plan. The inventory addresses carbon monoxide emissions from stationary point, area, non-road mobile, and on-road mobile sources. [62 FR 38217, July 17, 1997, as amended at 63 FR 18124, Apr. 14, 1998; 65 FR 63548, Oct. 24, 2000] § 52.2351 Area-wide nitrogen oxides (NOX) exemption. top On May 2, 1997, Ursula Trueman, Director, Division of Air Quality, Utah Department of Environmental Quality, submitted, on behalf of the State of Utah and pursuant to section 182(f)(2)(A) of the Clean Air Act as amended in 1990, a section 182(f)(2) NOX Reasonably Available Control Technology (RACT) exemption request for major stationary sources of NOX in the Salt Lake and Davis Counties ozone nonattainment area other than the Pacificorp Gadsby and Kennecott Utah Copper Utah Power Plants. The exemption request was based on ambient air quality monitoring data which demonstrated that the ozone National Ambient Air Quality Standard (NAAQS) had been attained in the Salt Lake and Davis Counties ozone nonattainment area for the years 1990 through 1996. EPA approved this NOX RACT exemption request on July 2, 1997. [62 FR 38217, July 17, 1997] § 52.2352 Change to approved plan. top (a) Utah Air Conservation Regulation R307–18–1, New Source Performance Standards, is removed from the approved plan. On June 10, 2002, we issued a letter delegating responsibility for all sources located, or to be located, in the State of Utah subject to the NSPS in 40 CFR part 60. See the table in 40 CFR 60.4 for the status of NSPS delegated to the state of Utah. (b) Utah Administrative Code (UAC) rule R307–1–8, Asbestos Work Practices, Contractor Certification, AHERA Accreditation and AHERA Implementation, is removed from Utah's approved State Implementation Plan (SIP). This rule language pertains to the regulation of asbestos and is generally not related to attainment of the National Ambient Air Quality Standards (NAAQS) and therefore it is not appropriate to be in Utah's SIP. (c) Utah Administrative Code (UAC) rule R307–1–4.12, National Emission Standards for Hazardous Air Pollutants (NESHAPs), is removed from Utah's approved State Implementation Plan (SIP). Utah has delegation of authority for NESHAPs in 40 CFR part 61 (49 FR 36368), pursuant to 110(k)(6) of the Act. (d) Utah Administrative Code (UAC) rule R307–1–6, Eligibility of Pollution Control Expenditures for Sales Tax Exemption, is removed from Utah's approved State Implementation Plan (SIP). This rule language pertains to State Sales Tax Exemptions for Pollution Control Expenditures and is not generally related to attainment of the National Ambient Air Quality Standards (NAAQS) and is therefore not appropriate to be in Utah's SIP. [67 FR 59000, Sept. 19, 2002, as amended at 71 FR 7682, Feb. 14, 2006] § 52.2353 Control strategy: Carbon monoxide. top Determination. EPA has determined that the Provo carbon monoxide “moderate” nonattainment area attained the carbon monoxide national ambient air quality standard by December 31, 1995. This determination is based on air quality monitoring data from 1994 and 1995. [67 FR 59168, Sept. 20, 2002] Subpart UU—Vermont top § 52.2370 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State Implementation Plan for Vermont under section 110 of the Clean Air Act, 42 U.S.C. 7401–7671q and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraph (c) and (d) of this section with an EPA approval date prior to February10, 2006, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after February 10, 2006, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of February 10, 2006. (3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at One Congress Street, Suite 1100, Boston, MA 02114–2023; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), Room B–108, 1301 Constitution Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. EPA-Approved Vermont Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanations date ---------------------------------------------------------------------------------------------------------------- Chapter 5_Air Pollution Control ---------------------------------------------------------------------------------------------------------------- Subchapter I. Definitions ---------------------------------------------------------------------------------------------------------------- Section 5-101....... Definitions........ 07/29/93 04/22/98, 63 FR 19825............... Definitions IBR'd into the Vermont SIP are numbered consecutively by EPA, and do not necessarily correspond to the State's assigned definition number in the Vermont State Regulation, which are re- numbered whenever definitions are added or deleted from the State Regulation. ---------------------------------------------------------------------------------------------------------------- Subchapter II. Prohibitions ---------------------------------------------------------------------------------------------------------------- Section 5-201....... Open burning 07/22/98 04/22/98, 63 FR 19825............... .................. prohibited. Section 5-202....... Permissible open 01/25/78 12/21/78, 43 FR 59496............... .................. burning. Section 5-203....... Procedures for 01/25/78 12/21/78, 43 FR 59496............... .................. local authorities to burn natural wood. Section 5-211....... Prohibition of 08/12/78 04/16/82, 47 FR 16331............... Except Section 5- visible air 211(3). contaminants. Section 5-221....... Prohibition of 01/25/78 12/21/78, 43 FR 59496............... Except Section 5- pollution 221(1)(c)(i) and potential Section 5- materials in fuel. 221(1)(c)(ii). Section 5-231....... Prohibition of 11/13/81 02/26/85, 50 FR 7767................ .................. particular matter. Section 5-241....... Prohibition of 01/25/78 12/21/78, 43 FR 59496............... .................. nuisance and odor. Section 5-251....... Control of nitrogen 01/04/95 04/09/97, 62 FR 17084............... Requires RACT for oxides emissions. major stationary sources of NOX. Section 5-252....... Control of sulfur 11/04/79 02/19/80, 45 FR 10775............... .................. dioxide emissions. Section 5-253.1..... Petroleum liquid 10/29/92 04/22/98, 63 FR 19825............... .................. storage in fixed roof Tanks. Section 5-253.2..... Bulk gasoline 10/29/92 04/22/98, 63 FR 19825............... .................. terminals. Section 5-253.3..... Bulk gasoline 10/29/92 04/22/98, 63 FR 19825............... .................. plants. Section 5-253.4..... Gasoline tank 10/29/92 04/22/98, 63 FR 19825............... .................. trucks. Section 5-253.5..... Stage I vapor 10/29/92 04/22/98, 63 FR 19825............... .................. recovery controls at gasoline dispensing facilities. Section 5-253.10.... Paper coating...... 10/29/92 04/22/98, 63 FR 19825............... .................. Section 5-253.12.... Coating of flad 10/29/92 04/22/98, 63 FR 19825............... .................. wood paneling. Section 5-253.13.... Coating of 07/29/93 04/22/98, 63 FR 19825............... .................. miscellaneous metal parts. Section 5-253.14.... Solvent metal 07/29/93 04/22/98, 63 FR 19825............... .................. cleaning. Section 5-253.15.... Cutback and 08/02/94 04/22/98, 63 FR 19825............... .................. emulsified asphalt. Section 5-253.20.... Other sources that 08/03/93 04/09/97, 62 FR 17084............... .................. emit volatile organic compounds. Section 5-261....... Control of 11/03/81 02/10/82, 47 FR 6014................ .................. hazardous air contaminants. ---------------------------------------------------------------------------------------------------------------- Subchapter III. Ambient Air Quality Standards ---------------------------------------------------------------------------------------------------------------- Section 5-301....... Scope.............. 12/15/90 03/05/91, 56 FR 9175................ .................. Section 5-302....... Sulfur dioxide 03/24/79 02/19/80, 45 FR 10775............... .................. primary. Section 5-303....... Sulfur dioxide 03/24/79 02/19/80, 45 FR 10775............... .................. secondary. Section 5-306....... PM10 primary and 11/01/90 08/01/97, 62 FR 41280............... Removal of the TSP secondary standard (Section standards. 5-304 and 5-305) and establishment of PM10 standard (Section 5-306). Section 5-307....... Carbon monoxide 03/24/79 02/19/80, 45 FR 10775............... Formerly Section 5- primary and 306, renumbered secondary. to 5-307 when new Section 5-306 for PM10 was created. Section 5-308....... Ozone primary and 03/24/79 02/19/80, 45 FR 10775............... Formerly Section 5- secondary. 307, renumbered to 5-308 when new Section 5-306 for PM10 was created. Section 5-309....... Lead primary and 11/13/81 02/10/82, 47 FR 6014................ Formerly Section 5- secondary. 308, renumbered to 5-309 when new Section 5-306 for PM10 was created. Section 5-310....... Nitrogen dioxide 12/15/90 03/05/91, 56 FR 9175................ Formerly Section 5- primary and 309, renumbered secondary. to 5-310 when new Section 5-306 for PM10 was created. ---------------------------------------------------------------------------------------------------------------- Subchapter IV. Operations and Procedures ---------------------------------------------------------------------------------------------------------------- Section 5-401....... Classification of 03/24/79 02/19/80, 45 FR 10775............... .................. air contaminant sources. Section 5-402....... Written reports 03/24/79 02/19/80, 45 FR 10775............... .................. when requested. Section 5-403....... Circumvention...... 12/10/72 05/31/72, 37 FR 10842............... .................. Section 5-404....... Methods for 03/24/78 02/19/80, 45 FR 10775............... .................. sampling and FR testing of sources. Section 5-405....... Required air 03/24/79 02/19/80, 45 FR 10775............... .................. monitoring. Section 5-406....... Required air 03/24/79 02/19/80, 45 FR 10775............... .................. modeling. ---------------------------------------------------------------------------------------------------------------- Subchapter V. Review of New Air Contaminant Sources ---------------------------------------------------------------------------------------------------------------- Section 5-501....... Review of 09/17/86 07/17/87, 52 FR 26973............... .................. construction or modification of air contaminant sources. Section 5-502....... Major stationary 07/14/95 08/04/97, 62 FR 41867............... .................. sources and major modifications. ---------------------------------------------------------------------------------------------------------------- Subchapter VII. Motor Vehicle Emissions ---------------------------------------------------------------------------------------------------------------- Section 5-701....... Removal of control 03/24/79 02/19/80, 45 FR 10775............... .................. devices. Section 5-702....... Excessive smoke 03/24/79 02/19/80, 45 FR 10775............... .................. emissions from motor vehicles. Section 5-801....... Effective date..... 03/24/79 01/30/80, 45 FR 6781................ .................. ---------------------------------------------------------------------------------------------------------------- Tables ---------------------------------------------------------------------------------------------------------------- Table 1............. Table 1_Process 01/25/78 12/21/78, 43 FR 59496............... .................. weight standards. Table 2............. Table 2_PSD 12/15/90 03/05/91, 56 FR 9175................ .................. increments. Table 3............. Table 3_Levels of 11/03/81 02/10/82, 47 FR 6014................ .................. significant impact for non-attainment areas. ---------------------------------------------------------------------------------------------------------------- Subchapter VIII. Registration of Air Contaminant Sources ---------------------------------------------------------------------------------------------------------------- Sections 5-801...... Definitions........ 04/20/88 01/10/95, 60 FR 2524................ .................. Sections 5-802...... Requirement for 04/20/88 01/10/95, 60 FR 2524................ .................. registration. Section 5-803....... Registration 04/20/88 01/10/95, 60 FR 2524................ .................. procedure. Section 5-804....... False or misleading 04/20/88 01/10/95, 60 FR 2524................ .................. information. Section 5-805....... Commencement or 04/20/88 01/10/95, 60 FR 2524................ .................. recommencement of operation. Section 5-806....... Transfer of 04/20/88 01/10/95, 60 FR 2524................ .................. Operation. ---------------------------------------------------------------------------------------------------------------- (d) EPA-approved State Source specific requirements. EPA-Approved Vermont Source Specific Requirements ---------------------------------------------------------------------------------------------------------------- State Name of source Permit number effective EPA approval date Explanations date ---------------------------------------------------------------------------------------------------------------- Simpson Paper Company, Envrionmental 01/04/95 04/09/97, 45 FR 17084 Administrative Centennial Mill in Gilman, Protection orders for Vermont. Regulations, Simpson Paper Chapter 5, Air Company, in Pollution Control, Gilman, Vermont, Subchapter II. adopted and Section 5-251(2). effective on January 4, 1995. U.S. Samaica Corporation, in Envrionmental 01/04/95 04/09/97, 45 FR 17084 Administrative Rutland, VT. Protection orders for U.S. Regulations, Samaica Chapter 5, Air Corporation, in Pollution Control, Rutland, Vermont, Subchapter II. adopted and Section 5-253.20. effective on January 4, 1995. ---------------------------------------------------------------------------------------------------------------- (e) Nonregulatory. Vermont Non-Regulatory ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State submittal provision nonattainment date/ effective EPA approval date Explanation area date ---------------------------------------------------------------------------------------------------------------- Notice of public hearing...... Statewide........ Submitted 02/03/ 06/15/72, 37 FR 11914 (c)(1) Vermont 72. Agency of Environmental Conservation. Miscellaneous non-regulatory ................. Submitted 02/25/ 5/31/72, 37 FR 10842 (c)(2) Vermont revisions to the plan. 72. Agency of Environmental Conservation. Miscellaneous non-regulatory ................. Submitted 03/03/ 01/21/76, 41 FR 3085 (c)(4) Vermont revisions to the plan. 75. Agency of Environmental Conservation. Deletion of Winooski sampling site for particulates and sulfur dioxide. Plans to meet various ................. Submitted 03/21/ 01/30/80, 45 FR 6781 (c)(9) See Plans requirements of the Clean Air 79, and 11/21/79. to attain Act, including Part C. below. Attainment Plans to meet the ................. Submitted 03/21/ 02/19/80, 45 FR 10775 (c)(10) Plans to requirements of Part D and 79, 11/21/79, 11/ attain. State the Clean Air Act, as amended 27/79, and 12/19/ of Vermont air in 1977. 79. quality and the implementation plan (March 1979). The secondary TSP standard for Barre City and a portion of the Champlain Valley Air Management Area, the carbon monoxide standard in the Champlain Valley Air Management Area and the ozone standard in Chittenden, Addison, and Windsor Counties. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions were also included. A plan to provide for public, ................. Submitted 03/28/ 09/09/80, 45 FR 59314 (c)(11) A plan local and state involvement 80. to provide for in federally funded air public, local pollution control activities. and state involvement in federally funded air pollution control activities. A plan to attain and maintain ................. Submitted 06/24/ 03/18/81, 45 FR 17192 (c)(12) A plan the National Ambient Air 80, and 11/07/80. to attain and Quality Standard for lead. maintain the National Ambient Air Quality Standard for lead. A letter further explaining the state procedures for review of new major sources of lead emissions. A revision to the quality ................. Submitted 03/21/ 10/08/80, 45 FR 66789, (c)(13) meets monitoring network. 79. corrected by 03/16/81, the 46 FR 16897 requirements of 40 CFR part 58 Narrative submittal ................. Submitted 04/15/ 07/17/87, 52 FR 26973 (c)(19) ``Implementation Plan for the 86. Describing Protection of Visibility in procedures, the State of Vermont'' and notifications, ``Appendices''. and technical evaluations to fulfill the visibility protection requirements of 40 CFR part 51, subpart P. State Implementation Plan ................. Submitted 12/07/ 03/05/91, 56 FR 9175 (c)(20) State of narrative. 90, and 01/10/91. Vermont Air Quality Implementation Plan dated November 1990. State Implementation Plan ................. Submitted 08/09/ 01/10/95, 60 FR 2524 (c)(21) State of narrative. 93. Vermont Air Quality Implementation Plan dated February, 1993. To meet the emission statement requirement of the CAAA of 1990. Revisions to the State ................. Submitted 02/03/ 04/22/98, 63 FR 19825 (c)(25) State of Implementation Plan. 93, 08/09/93, the State and 08/10/94. Vermont: Air Quality Implementation Plan dated August 1993. Revisions to the State ................. Submitted 08/03/ 07/10/00, 65 FR 42290 (c)(26) letter Implementation Plan. 98. from VT Air Pollution Control Division dated July 28, 1998 stating a negative declaration for the aerospace coating operations CTG category. ---------------------------------------------------------------------------------------------------------------- [65 FR 54415, Sept. 8, 2000, as amended at 68 FR 34809, June 11, 2003; 71 FR 14390, Mar. 22, 2006] § 52.2371 Classification of regions. top The Vermont plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Champlain Valley Interstate............................... II II III III III Vermont Intrastate........................................ II II III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10898, May 31, 1972, as amended at 45 FR 10782, Feb. 19, 1980] § 52.2372 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Vermont's plan as identified in §52.2370 for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act, as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTGs issued between January, 1978 and January, 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. [45 FR 10782, Feb. 19, 1980] § 52.2373 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met. Vermont does not have the authority to make emissions data available to the public since 10 V.S.A. section 363 would require the data to be held confidential if a source certified that it related to production or sales figures, unique processes, or would tend to affect adversely the competitive position of the owner. [37 FR 10899, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986] § 52.2374 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the plan does not provide for public availability of emission data. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1–June 30 and July 1–December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [37 FR 10899, May 31, 1972, as amended at 40 FR 55333, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] § 52.2375 Attainment dates for national standards. top The following table presents the latest dates by which the national standards are to be attained. The dates reflect the information presented in Vermont's plan. ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------------- Air quality control region and nonattainment area\1\ SO2 ------------------------ PM10 NOX CO O3 Primary Secondary ---------------------------------------------------------------------------------------------------------------- Champlain Valley Interstate_Chittenden County: Champlain Valley Air Management Area: Essex Town (including Essex Jct.)............... a a a a b b Burlington City................................. a a a a b b South Burlington City........................... a a a a b b Winooski........................................ a a a a b b Remainder of Air Management Area................ a a a a b b Remainder of County............................. a a a a a b Vermont Valley Air Management Area.............. a a a a a a Addison County.................................. a a a a a b Remainder of AQCR............................... a a a a a a Vermont Interstate: Central Vermont Air Management Area: Barre City...................................... a a a a a a Remainder of Air Management Area................ a a a a a a Windsor County.................................. a a a a a b Remainder of AQCR............................... a a a a a a ---------------------------------------------------------------------------------------------------------------- \1\ Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to the 1977 Clean Air Act Amendments remain obligated to comply with those regulations by the earlier deadlines. The earlier attainment dates are set out at 40 CFR 52.2375, revised as of July 1, 1978. a. Air quality levels presently below secondary standards or area is unclassifiable. b. 12/31/82. [45 FR 10782, Feb. 19, 1980; 46 FR 33525, June 30, 1981, as amended at 62 FR 41869, Aug. 4, 1997] § 52.2377 Review of new sources and modifications. top Regulation 5–501(3) entitled “Default Permits” is disapproved. [45 FR 10782, Feb. 19, 1980] § 52.2378 Certification of no facilities. top On June 6, 1986, the Vermont Agency of Environmental Conservation submitted a letter certifying that there are no facilities within the State's boundaries subject to the Continuous Emissions Monitoring requirements of 40 CFR part 51, Appendix P. This negative declaration was submitted to EPA in accordance with 40 CFR 51.19(e). [51 FR 42221, Nov. 24, 1986] § 52.2379 [Reserved] top § 52.2380 Significant deterioration of air quality. top The program to review the construction and operation of new and modified major stationary sources in attainment areas is approved as meeting the requirements of Part C, except regulation 5–501(3) entitled “Default permits”, and a portion of the SIP revision narrative from the first full paragraph on pages 9–11 through the first four lines of pages 9–12 inclusive, both of which were submitted on March 21, 1979 and which are disapproved. [45 FR 6784, Jan. 30, 1980] § 52.2381 EPA-approved Vermont State regulations. top The following table identifies the state regulations which have been submitted to and adopted by EPA as revisions to the Vermont State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory effect. To determine regulatory requirements for a specific situation consult the plan identified in §52.2370. To the extent that this table conflicts with §§52.2370, 52.2370 governs. Table 52.2381_EPA-Approved Regulations [Vermont SIP regulations 1972 to present] ---------------------------------------------------------------------------------------------------------------- Date Date State citation, title and subject adopted Approved Federal Register Section Comments and by State by EPA Citation 52.2370 unapproved sections ---------------------------------------------------------------------------------------------------------------- Chapter 5 Air Pollution Control Subchapter I Definitions Section 5-101 Definitions...... 12/10/72 5/31/72 37 FR 10899......... (b)......... ................... 12/10/72 5/14/73 38 FR 12713......... (c)(3)...... 11/19/73 3/22/76 41 FR 11819......... (c)(5)...... 12/16/74 1/21/76 41 FR 3085.......... (c)(4)...... 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... All of 5-101 (1-42) approved. 8/12/78 4/16/82 47 FR 16331......... (c)(16)..... Related to wood- fired boilers. 3/24/79 1/30/80 45 FR 6781.......... (c)(9)...... Related to PSD. 11/4/79 2/19/80 45 FR 10775......... (c)(10)..... All of 5-101 (1-62) approved. 11/3/81 2/10/82 47 FR 6014.......... (c)(15)..... 9/17/86 7/17/87 52 FR 26982......... (c)(19)..... Related to visibility in Class I areas. 5- 101(3), (14), (21), (59), and (76) approved. 7/9/93 4/9/97 62 FR 17087......... (c)(22)..... Adds definition of reasonably available control technology (RACT). 10/29/92 4/22/98 63 FR 19828......... (c)(25)..... Add definitions 7/29/93 associated with VOC RACT rules. Subchapter II Prohibitions Section 5-201 Open burning 12/10/72 5/31/72 37 FR 10899......... (b)......... prohibited. 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... Section 5-202 Permissible open 12/10/72 5/31/72 37 FR 10899......... (b)......... burning. 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... Section 5-203 Procedures for 12/10/72 5/31/72 37 FR 10899......... (b)......... local authorities to burn 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... natural wood. Section 5-211 Prohibition of 12/10/72 5/31/72 37 FR 10899......... (b)......... ................... visible air contaminants. 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... 5-211 (1)(2) approved. 8/12/78 4/16/82 47 FR 16331......... (c)(16)..... 5-211 (3) not approved. Section 5-221 Prohibition of 12/10/72 5/31/72 37 FR 10899......... (b)......... ................... potentially polluting 3/16/75 1/8/82 47 FR 948........... (c)(14)..... Except 5-221(c) (i) materials in fuel. and (ii). Includes Moran Sta. Bubble Approval. 7/12/76 2/4/77 42 FR 6811.......... (c)(6)...... 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... Section 5-231 Prohibition of 12/10/72 5/31/72 37 FR 10899......... (b)......... particulate matter. 12/10/72 5/14/73 38 FR 12713......... (c)(3)...... 11/19/73 3/22/76 41 FR 11819......... (c)(5)...... Regarding incinerators. 12/16/74 1/21/76 41 FR 3085.......... (c)(4)...... Regarding combustion contaminants. 7/12/76 2/4/77 42 FR 6811.......... (c)(6)...... Regarding incinerators asphalt plants. 3/14/77 8/2/78 43 FR 33918......... (c)(7)...... Regarding wood processing plants. 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... ................... 8/12/78 4/16/82 47 FR 16331......... (c)(16)..... Except Cersosimo Lumber, Rutland Plywood, Moran Sta. 11/13/81 2/10/82 47 FR 6014.......... (c)(15)..... Repealed 5-231 (4). ......... 8/23/83 48 FR 38235......... (c)(17)..... Approved for Cersosimo Lumber. ......... 2/26/85 50 FR 7767.......... (c)(18)..... Approved for Rutland Plywood. Section 5-241 Prohibition of 12/10/72 5/31/72 37 FR 10899......... (b)......... nuisance and odor. 11/19/73 3/22/76 41 FR 11819......... (c)(5)...... 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... ................... Section 5-251 Control of 12/10/72 5/31/72 37 FR 10899......... (b)......... nitrogen oxides emissions. 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... 3/25/79 2/19/80 45 FR 10775......... (c)(10)..... ................... 11/4/79 2/19/80 45 FR 10775......... (c)(10)..... ................... 7/9/93 4/9/97 62 FR 17087......... (c)(22)..... Requires RACT for major stationary sources of NOX. 1/4/95 4/9/97 62 FR 17087......... (c)(22)..... NOX RACT for Simpson Paper Company's Gilman facility. Section 5-252 Control of sulfur 7/12/76 2/4/77 42 FR 6811.......... (c)(6)...... dioxide emissions. 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... 11/4/79 2/19/80 45 FR 10775......... (c)(10)..... Section 5-253 Control of 7/9/93 4/9/97 62 FR 17087......... (c)(22)..... Requires RACT at volatile organic compounds. non-CTG VOC sources. 1/4/95 4/9/97 62 FR 17087......... (c)(22)..... Non-CTG VOC RACT for U.S. Samaica Corporation's Rutland facility. Section 5-253.1 Petroleum 10/29/92 4/22/98 63 FR 19829......... (c)(25)..... Liquid Storage in Fixed Roof Tanks.. Section 5-253.2 Bulk Gasoline 10/29/92 4/22/98 63 FR 19829......... (c)(25)..... Terminals. Section 5-253.3 Bulk Gasoline 10/29/92 4/22/98 63 FR 19829......... (c)(25)..... Plants.. Section 5-253.4 Gasoline Tank 10/29/92 4/22/98 63 FR 19829......... (c)(25)..... Trucks.. Section 5-253.5 Stage I vapor 10/29/92 4/22/98 63 FR 19829......... (c)(25)..... recovery controls at gasoline dispensing facilities.. Section 5-253.10 Paper Coating. 10/29/92 4/22/98 63 FR 19829......... (c)(25)..... Section 5-253.12 Coating of 10/29/92 4/22/98 63 FR 19829......... (c)(25)..... Flatwood Paneling.. Section 5-253.13 Coating of 7/29/93 4/22/98 63 FR 19829......... (c)(25)..... Miscellaneous Metal Parts.. Section 5-253.14 Solvent Metal 7/29/93 4/22/98 63 FR 19829......... (c)(25)..... Cleaning.. Section 5-253.15 Cutback and 8/2/94 4/22/98 63 FR 19829......... (c)(25)..... Emulsified Asphalt.. Section 5-261 Control of 11/3/81 2/10/82 47 FR 6014.......... (c)(15)..... hazardous air contaminants. Subchapter III Ambient Air Quality Stds Section 5-301 Scope............ 12/10/72 5/31/72 37 FR 10899......... (b)......... 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... 12/15/90 3/5/91 56 FR 9177.......... (c)(20)..... Section 5-302 Sulfur dioxide 12/10/72 5/31/72 37 FR 10899......... (b)......... primary. 7/12/76 2/4/77 42 FR 6811.......... (c)(6)...... 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... Section 5-303 Sulfur dioxide 12/10/72 5/31/72 37 FR 10899......... (b)......... (secondary). 7/12/76 2/4/77 42 FR 6811.......... (c)(6)...... 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... Section 5-304: PM10 Primary 11/90 8/1/97 62 FR 41282......... (c)(23)..... Removal of the TSP Standards. standard and establishment of the PM10 standard. Section 5-305: PM10 Secondary 11/90 8/1/97 62 FR 41282......... (c)(23)..... Removal of the TSP Standards. standard and establishment of the PM10 standard. Section 5-306 Carbon monoxide 12/10/72 5/31/72 37 FR 10899......... (b)......... primary/secondary. 11/19/73 3/22/76 41 FR 11819......... (c)(5)...... 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... ................... Section 5-307 Ozone primary/ 12/10/72 5/31/72 37 FR 10899......... (b)......... secondary. 12/16/74 1/21/76 41 FR 3085.......... (c)(4)...... 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... Section 5-308 Lead (primary/ 11/3/81 2/10/82 47 FR 6014.......... (c)(15)..... secondary). Section 5-309 Nitrogen dioxide 12/15/90 3/5/91 56 FR 9177.......... (c)(20)..... primary/secondary. Subchapter IV Operations/ Procedures Section 5-401 Classification of 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... air contaminant sources. Section 5-402 Written reports 12/10/72 5/31/72 37 FR 10899......... (b)......... when requested. 12/10/72 5/14/73 38 FR 12713......... (c)(3)...... 11/19/73 3/22/76 41 FR 11819......... (c)(5)...... 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... 5-402(1) only. Section 5-403 Circumvention.... 12/10/72 5/31/72 37 FR 10899......... (b)......... Section 5-404 Methods for 12/10/72 5/31/72 37 FR 10899......... (b)......... sampling and testing of 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... sources. 3/24/78 2/19/80 45 FR 10775......... (c)(10)..... ................... Section 5-405 Required air 12/10/72 5/31/72 37 FR 10899......... (b)......... monitoring. 3/24/79 1/30/80 45 FR 6781.......... (c)(9)...... For PSD Plan. 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... For NSR Plan. Section 5-406 Required air 3/24/79 1/30/80 45 FR 6781.......... (c)(9)...... For PSD Plan. modeling. 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... For NSR Plan. Subchapter V Review of New Air Contaminant Sources Section 5-501 Review of 12/10/72 5/31/72 37 FR 10899......... (b) construction or modification 12/10/72 5/14/73 38 FR 12713......... (c)(3)...... of air contaminant sources. 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... 3/24/79 1/30/80 45 FR 6781.......... (c)(9)...... Except 5-501(3). 11/04/79 2/19/80 45 FR 10775......... (c)(10)..... Except 5-501(3). 11/03/81 2/10/82 47 FR 6014.......... (c)(15)..... 9/17/86 7/17/87 52 FR 26982......... (c)(19)..... Related to visibility in Class I areas. 5- 501(4) approved. Section 5-502 Major stationary 3/24/79 1/30/80 45 FR 6781.......... (c)(9)...... Except 5-502(5). sources and major 11/04/79 2/19/80 45 FR 10775......... (c)(10)..... Except 5-502(5). modifications. 11/03/81 2/10/82 47 FR 6014.......... (c)(15)..... 9/17/86 7/17/87 52 FR 26982......... (c)(19)..... Related to visibility in Class I areas. 5- 502 (4)(d) and (4)(e) approved. 7/14/95 8/4/97 62 FR 41870......... (c)(24)..... Subchapter VII Motor vehicle emissions Section 5-701 Removal of 12/10/72 5/31/72 37 FR 10899......... (b)......... control devices. 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... Section 5-702 Excessive smoke 12/10/72 5/31/72 37 FR 10899......... (b)......... emissions from motor vehicles. 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... Section 5-801 Effective date... 3/24/79 1/30/80 45 FR 6781.......... (c)(9)...... Table 1_Process weight standards. 12/10/72 5/31/72 37 FR 10899......... (b)......... 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... Figure 1_Fuel-burning equipment.. 12/10/72 5/31/72 37 FR 10899......... (b)......... 7/12/76 2/4/77 42 FR 6811.......... (c)(6)...... 1/25/78 12/21/78 43 FR 59496......... (c)(8)...... Table 2_PSD increments........... 3/24/79 1/30/80 45 FR 6781.......... (c)(9)...... 12/15/90 3/5/91 56 FR 9177.......... (c)(20)..... Addition of NO2 increments for Class I, II, and III areas. Table 3_Levels of significant 3/24/79 2/19/80 45 FR 10775......... (c)(10)..... impact for nonattainment areas. 11/4/79 2/19/80 45 FR 10775......... (c)(10)..... 11/3/81 2/10/82 47 FR 6014.......... (c)(15)..... Definitions...................... 4/20/88 1/10/95 60 FR 2527.......... (c)(21)..... Section 5-802, Requirement for 4/20/88 1/10/95 60 FR 2527.......... (c)(21)..... Registration. Section 5-803, Registration 4/20/88 1/10/95 60 FR 2527.......... (c)(21)..... Procedure. Section 5-804, False or 4/20/88 1/10/95 60 FR 2527.......... (c)(21)..... Misleading Information. Section 5-805, Commencement or 4/20/88 1/10/95 60 FR 2527.......... (c)(21)..... Recommencement of Operation. Sections 5-806, Transfer of 4/20/88 1/10/95 60 FR 2527.......... (c)(21)..... Operation. ---------------------------------------------------------------------------------------------------------------- [49 FR 46142, Nov. 23, 1984, as amended at 50 FR 7768, Feb. 26, 1985; 50 FR 23810, June 6, 1985; 52 FR 26982, July 17, 1987; 56 FR 9177, Mar. 5, 1991; 60 FR 2527, Jan. 10, 1995; 62 FR 17087, Apr. 9, 1997; 62 FR 41282, Aug. 1, 1997; 62 FR 41870, Aug. 4, 1997; 63 FR 19828, Apr. 22, 1998; 63 FR 23501, Apr. 29, 1998] § 52.2382 Rules and regulations. top (a) Non-Part D—No Action. EPA is neither approving or disapproving the following elements of the revisions: (1) Permit fees. (2) Intergovernmental consultation. (3) Stack height requirements. (4) Interstate pollution notification requirements. (5) Conflict of interest requirements. (b) Regulation for visibility monitoring and new source review. The provisions of §§52.26 and 52.27 are hereby incorporated and made a part of the applicable plan for the State of Vermont. [45 FR 10782, Feb. 19, 1980, as amended at 45 FR 59315, Sept. 9, 1980; 46 FR 66789, Oct. 8, 1980; 46 FR 16897, Mar. 16, 1981; 50 FR 28553, July 12, 1985] § 52.2383 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures meeting the requirements of 40 CFR 51.305 and 51.307 for protection of visibility in mandatory Class I Federal areas. (b) Regulations for visibility monitoring and new source review. The provisions of §§52.26 and 52.27 are hereby incorporated and made part of the applicable plan for the State of Vermont. [51 FR 5505, Feb. 13, 1986] § 52.2384 Stack height review. top The State of Vermont has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion techniques as defined in EPA's stack height regulations, as revised on July 8, 1985. This declaration was submitted to EPA on March 21, 1986. The State has further declared in a letter from Harold T. Garabedian, dated March 21, 1986, that, “[T]he State concludes that our present rule 5–502(4)(d) is adequate to insure that new emission sources will not be able to use credits from modeling ambient impacts at greater than ‘good engineering practice’ stack height or from using ‘other dispersion techniques.’” Thus, Vermont has satisfactorily demonstrated that its regulations meet 40 CFR 51.118 and 51.164. [52 FR 49407, Dec. 31, 1987] § 52.2385 Requirements for state implementation plan revisions relating to new motor vehicles. top Vermont must comply with the requirements of §51.120. [60 FR 4738, Jan. 24, 1995] § 52.2386 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of Vermont” and all revisions submitted by Vermont that were federally approved prior to August 14, 2000. (b) The plan was officially submitted on January 29, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Notice of public hearing submitted on February 3, 1972, by the Vermont Agency of Environmental Conservation. (2) Miscellaneous non-regulatory revisions to the plan submitted on February 25, 1972, by the Vermont Agency of Environmental Conservation. (3) Miscellaneous changes to regulations 5–412, 5–466, 5–467, 5–481, 5–486, 5–487, and 5–488 submitted on May 19, 1972, by the Vermont Agency of Environmental Conservation. (4) Revision to the particulate emission limitation or Fuel Burning Equipment, revision to Rule 6, “Rules of Practice,” of the Air Quality Variance Board and miscellaneous non-regulatory revisions submitted on March 3, 1975, by the Vermont Agency of Environmental Conservation. (5) Revision to Chapter 5, “Incinerator Emissions” submitted on November 30, 1973, by the Vermont Agency of Environmental Conservation. (6) Revision to Vermont Regulations, Chapter 5, “Air Pollution Control”, by letter submitted on July 19, 1976 by the Vermont Agency of Environmental Conservation. (7) Revision to Regulation 5–231, Prohibition of Particulate Matter, section 1, Industrial Process Emissions, with respect to wood processing operations, submitted by the Vermont Secretary of Environmental Conservation on April 11, 1977. (8) Revisions to Chapter 5 of the Vermont Air Pollution Control Regulations, submitted by the Secretary of Environmental Conservation on February 21, 1978. (9) Plans to meet various requirements of the Clean Air Act, including Part C, were submitted on March 21 and November 21, 1979. Included in these revisions is a program for the review of construction and operation of new and modified major stationary sources of pollution in attainment areas. (10) Attainment plans to meet the requirements of Part D and the Clean Air Act, as amended in 1977, were submitted on March 21, November 21, November 27 and December 19, 1979. Included are plans to attain: The secondary TSP standard for Barre City and a portion of the Champlain Valley Air Management Area, the carbon monoxide standard in the Champlain Valley Air Management Area and the ozone standard in Chittenden, Addison, and Windsor Counties. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions were also included. (11) A plan to provide for public, local and state involvement in federally funded air pollution control activities was submitted on March 28, 1980. (12) A plan to attain and maintain the National Ambient Air Quality Standard for lead was submitted on June 24, 1980 by the Secretary of the Vermont Agency of Environmental Conservation. A letter further explaining the state procedures for review ofnew major sources of lead emissions was submitted on November 7, 1980 by the Director, Air & Solid Waste Programs, Vermont Agency of Environmental Conservation. (13) A revision to the air quality monitoring network which meets the requirements of 40 CFR part 58, submitted on March 21, 1979 by the Governor of Vermont. (14) A revision to regulation 5–221(1), “Sulfur Limitation in Fuel,” submitted by the Secretary of the Vermont Agency of Environmental Conservation on November 13, 1979. (15) Revisions to amend Regulations 5–101 “Definitions”, 5–501 “Review of Construction or Modification of New Air Contaminant Sources”, 5–502 “Major Stationary Sources”, and Section 9 of the non-regulatory portion of the SIP; to delete Regulations 5–253(1 “Storage of Volatile Organic Compounds”, 5–253(3), “Bulk Gasoline Terminals”, and 5–231(4) “Potentially Hazardous Particulate Matter”; to add Regulation 5–261 “Control of Hazardous Air Contaminants”; and to amend Table 3 of the Regulations “Levels of Significant Impact for Nonattainment Areas”; submitted by the Secretary of the Vermont Agency of Environmental Conservation on August 24, 1981. (16) A revision to Regulation 5–231, “Prohibition of Particulate Matter,” by the addition of subparagraph (3)(b) submitted by the Secretary of the Vermont Agency of Environmental Conservation for all but three stationary wood-fired combustion sources (excluded from submittal: Moran Generating Station, Burlington Electric Department; Rutland Plywood Company; and Cersosimo Lumber Company) on February 12, 1982. (17) A revision to approve Regulation 5–231(3)(b) for Cersosimo Lumber Company submitted on March 23, 1983 by the Secretary of the Vermont Agency of Environmental Conservation. (Note: The Cersosimo Lumber Company was excluded from the original approval of Regulation 5–231(3)(b) into the Vermont SIP identified at subparagraph (c)(16) above.) (18) A revision to approve Vermont Regulation 5–231(3)(b) for Rutland Plywood Corporation, submitted on October 19, 1984 by the Secretary of the Vermont Agency of Environmental Conservation. Note: Rutland Plywood Corporation was excluded from the original approval of Regulation 5–231(3)(b) in the Vermont SIP, identified at paragraph (c)(16) above. (19) A plan to protect visibility in the Lye Brook Wilderness, a mandatory Class I Federal area, from impairment caused by plume blight and to monitor visibility, in fulfillment of the requirements of 40 CFR part 51, subpart P. Submitted on April 15, 1986, the plan approves, only as they apply to mandatory Class I Federal areas, revisions to Vermont Regulations 5–101 (3), (14), (21), (59), and (76); 5–501(4); and 5–502 (4)(d) and (4)(e). (i) Incorporation by reference. (A) Amendments to Environmental Protection Regulations Chapter 5, Air Pollution Control, Subchapter I. Definitions, 5–101 at subsections (3), (14), (21), (59), and (76), filed in its adopted form on September 2, 1986. (B) Amendments to Environmental Protection Regulations Chapter 5, Air Pollution Control, Subchapter V. Review of New Air Contaminant Sources, 5–501 at subsection (4) requiring responsiveness to comments and any analyses submitted by any Federal Land Manager, filed in its adopted form on September 2, 1986. (C) Amendments to Environmental Protection Regulations Chapter 5, Air Pollution Control, Subchapter V. Review of New Air Contaminant Sources, 5–502 at subsection (4)(d) requiring a demonstration of no adverse impact on visibility in any Class I Federal area; and at subsection (4)(e) which reletters the former subsection (4)(d), filed in its adopted form on September 2, 1986. (ii) Additional material. (A) Narrative submittal consisting of two volumes entitled, “Implementation Plan for the Protection of Visibility in the State of Vermont” and “Appendices” describing procedures, notifications, and technical evaluations to fulfill the visibility protection requirements of 40 CFR part 51, subpart P. (20) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on December 7, 1990 and January 10, 1991. (i) Incorporation by reference. (A) Letter dated December 7, 1990 and letter with attachments dated January 10, 1991 from the Vermont Air Pollution Control Division submitting revisions to the Vermont State Implementation Plan. (B) Section 5–301 “Scope,” section 5–309 “Nitrogen Dioxide—Primary and Secondary Ambient Air Quality Standards,” and Table 2 “Prevention of Significant Deterioration (PSD) Increments,” of Chapter 5 “Air Pollution Control” of Vermont's Environmental Protection Regulations effective in the State of Vermont on December ?, 1990. (ii) Additional materials. (A) A state implementation plan narrative dated November, 1990 and entitled “State of Vermont Air Quality Implementation Plan. (B) Nonregulatory portions of the state submittal. (21) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on August 9, 1993. (i) Incorporation by reference. (A) Letter dated August 9, 1993 from the Vermont Air Pollution Control Division submitting revisions to the Vermont State Implementation Plan. Vermont resubmitted Vermont's rule entitled “Registration of Air Contaminant Sources,” Sections 5–801 through 5–806 and the SIP narrative entitled “State of Vermont Air Quality Implementation Plan, February 1993” to meet the emission statement requirements of the Clean Air Act Amendments of 1990. (B) Letter dated February 4, 1993 from the Vermont Air Pollution Control Division submitting revisions to the Vermont State Implementation Plan which included Vermont's rule entitled “Registration of Air Contaminant Sources,” Sections 5–801 through 5–806 and the SIP narrative entitled “State of Vermont Air Quality Implementation Plan, February 1993” to meet the emission statement requirements of the Clean Air Act Amendments of 1990. Sections 5–801 through 5–806 were previously adopted by Vermont and became effective on April 20, 1988. (C) Section 5–801 “Definitions,” section 5–802 “Requirement for Registration,” section 5–803 “Registration Procedure,” section 5–804 “False or Misleading Information,” section 5–805 “Commencement or Recommencement of Operation,” and section 5–806 “Transfer of Operation” effective on April 20, 1988. (ii) Additional materials. (A) Vermont's SIP narrative entitled “State of Vermont Air Quality Implementation Plan, February 1993” which addresses emission statement requirements not covered by sections 5–801 through 5–806. (B) Letter dated October 5, 1994 from the Vermont Air Pollution Control Division which clarifies Vermont procedures in developing the emission statement information. (C) Nonregulatory portions of the submittal. (22) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on August 9, 1993 and March 20, 1995. (i) Incorporation by reference. (A) Letters from the Vermont Air Pollution Control Division dated August 9, 1993 and March 20, 1995 submitting revisions to the Vermont State Implementation Plan. (B) Regulations, including section 5–101, “Definitions,” subsection 5–251(2), “Reasonably available control technology for large stationary sources,” and, subsection 5–253.20, “Other Sources That Emit Volatile Organic Compounds,” adopted on July 9, 1993 and effective on August 13, 1993. (C) Administrative orders for Simpson Paper Company, in Gilman, Vermont, and, U.S. Samaica Corporation, in Rutland, Vermont, both adopted and effective on January 4, 1995. (23) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division in November, 1990, establishing a PM10 standard. (i) Incorporation by reference. (A) Letter from the Vermont Air Pollution Control Division dated December 10, 1990 submitting a revision to the Vermont State Implementation Plan. (B) Section 5 of the Vermont air quality State Implementation Plan, dated November, 1990. (24) Revision to the State Implementation Plan submitted by the Vermont Department of Environmental Conservation on March 7, 1996. (i) Incorporation by reference. (A) Letter from the Vermont Department of Environmental Conservation dated March 7, 1996 submitting a revision to the Vermont State Implementation Plan. (B) Amendments to Table 2 “Prevention of Significant Deterioration Increments” referenced in Section 5–502(4)(c) of the Vermont Agency of Natural Resources Environmental Regulations (effective July 29, 1995). (ii) Additional materials. (A) Nonregulatory portions of the submittal. (25) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on February 3, 1993, August 9, 1993, and August 10, 1994. (i) Incorporation by reference. (A) Letters from the Vermont Air Pollution Control Division dated February 4, 1993, August 9, 1993, and August 10, 1994 submitting revisions to the Vermont State Implementation Plan. (B) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–253.1, entitled “Petroleum Liquid Storage in Fixed Roof Tanks,” effective in the State of Vermont on November 13, 1992. (C) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–253.2, entitled “Bulk Gasoline Terminals,” effective in the State of Vermont on November 13, 1992. (D) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–253.3, entitled “Bulk Gasoline Plants,” effective in the State of Vermont on November 13, 1992. (E) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–253.4, entitled “Gasoline Tank Trucks,” effective in the State of Vermont on November 13, 1992. (F) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–253.5, entitled “Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities,” effective in the State of Vermont on November 13, 1992. (G) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–253.10, entitled “Paper Coating,” effective in the State of Vermont on November 13, 1992. (H) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–253.12, entitled “Coating of Flat Wood Paneling,” effective in the State of Vermont on November 13, 1992. (I) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–253.13, entitled “Coating of Miscellaneous Metal Parts,” effective in the State of Vermont on August 13, 1993. (J) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–253.14, entitled “Solvent Metal Cleaning,” effective in the State of Vermont on August 13, 1993. (K) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–253.15, entitled “Cutback and Emulsified Asphalt,” effective in the State of Vermont on August 17, 1994. (L) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–101, entitled “Definitions,” effective in the State of Vermont on November 13, 1992. (M) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5–101, entitled “Definitions,” effective in the State of Vermont on August 13, 1993. (ii) Additional materials. (A) Vermont Agency of Natural Resources document entitled “State of Vermont: Air Quality Implementation Plan” dated August 1993. (B) Letter from the Vermont Agency of Natural Resources dated September 30, 1996 submitting a negative declaration for the shipbuilding and repair Control Techniques Guideline (CTG) category. (C) Letter from the Vermont Agency of Natural Resources dated April 20, 1994 submitting a negative declaration for the synthetic organic chemical manufacturing industry (SOCMI) distillation and reactor processes CTG categories. (D) Letters from the Vermont agency of Natural Resources dated April 6, 1992 and August 28, 1992 submitting negative declarations for several pre-1990 CTG categories. (E) Nonregulatory portions of the submittal. (26) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on July 28, 1998. (i) Additional materials. (A) Letter from the Vermont Air Pollution Control Division dated July 28, 1998 stating a negative declaration for the aerospace coating operations Control Techniques Guideline category. [37 FR 10898, May 31, 1972. Redesignated and amended at 65 FR 54415, Sept. 8, 2000] Editorial Note: For Federal Register citations affecting §52.2386, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart VV—Virginia top § 52.2420 Identification of plan. top Link to an amendment published at 71 FR 10841, Mar. 3, 2006. (a) Purpose and scope. This section sets forth the applicable State implementation plan for Virginia under section 110 of the Clean Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates on or after September 1, 2005, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region III certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of September 1, 2005. (3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 1301Constitution Avenue, NW., Room B108, Washington, DC. 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA-Approved regulations. EPA-Approved Virginia Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- State State citation (9 VAC 5) Title/subject effective EPA approval date Explanation [former date SIP citation] ---------------------------------------------------------------------------------------------------------------- Chapter 10 General Definitions [Part I] ---------------------------------------------------------------------------------------------------------------- 5-10-10.......................... General............. 8/1/02 3/15/04, 69 FR 12074 Revised paragraphs A, B, C. 5-10-20.......................... Terms 4/1/96 3/12/97, 62 FR 11334 § 52.2465(c) Defined_Definitions (113)(i)(B)(1). of Administrator, Federally Enforceable, Implementation Plan, Potential to Emit, State Enforceable, Volatile Organic Compound. 5-10-20.......................... Terms Defined_Added 4/17/95 4/21/00, 65 FR 21315 Terms_Department, Virginia Register Act. Revised Terms_Administrativ e Process Act, Director (replaces Executive Director), Virginia Air Pollution Control Law. 5-10-20.......................... Terms Defined [all 4/17/95 4/21/00, 65 FR 21315 120-01-02. other SIP-approved terms not listed above]. 5-10-20.......................... Terms Defined....... 1/1/98 1/7/03, 68 FR 663... Terms Added_Public hearing; Regulations for the Control and Abatement of Air Pollution, Regulation of the Board, . . . These regulations. Terms Revised_Good Engineering Practice, Person, Volatile organic compound. Terms Deleted (moved to 9 VAC 5-170- 20)_Administrative Process Act, Air quality maintenance area, Confidential information, Consent agreement, Consent order, Emergency special order, Order, Special order, Variance. 5-10-20.......................... Terms Defined....... 8/1/02 3/15/04, 69 FR 12074 Terms Added: EPA, Initial emissions test, Initial performance test (as corrected 11/05/ 03 and effective 01/ 01/04 in the Commonwealth), Maintenance area. Terms Revised: Affected facility, Delayed compliance order, Excessive concentration, Federally enforceable, Malfunction, Public hearing, Reference method, Reid vapor pressure, Stationary source, True vapor pressure, Vapor pressure, Volatile organic compounds. Terms Removed: Air Quality Maintenance Area. 5-10-30.......................... Abbreviations....... 7/1/97 4/21/00, 65 FR 21315 Appendix A. ---------------------------------------------------------------------------------------------------------------- Chapter 20 General Provisions ---------------------------------------------------------------------------------------------------------------- Part I Administrative ---------------------------------------------------------------------------------------------------------------- 5-20-10A.-C...................... Applicability....... 4/17/95 4/21/00, 65 FR 21315 120-02-01. 5-20-70.......................... Circumvention....... 4/17/95 4/21/00, 65 FR 21315 120-02-07. 5-20-80.......................... Relationship of 4/17/95 4/21/00, 65 FR 21315 120-02-08. state regulations to federal regulations. 5-20-121......................... Air Quality Program 7/1/97 4/21/00, 65 FR 21315 Appendix S. Policies and Procedures. ---------------------------------------------------------------------------------------------------------------- Part II Air Quality Programs ---------------------------------------------------------------------------------------------------------------- 5-20-160......................... Registration........ 4/17/95 4/21/00, 65 FR 21315 120-02-31. 5-20-170......................... Control Programs.... 4/17/95 4/21/00, 65 FR 21315 120-02-32. 5-20-180......................... Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-02-34. Equipment Maintenance or Malfunction. 5-20-200......................... Air Quality Control 7/1/97 4/21/00, 65 FR 21315 Appendix B. Regions (AQCR). 5-20-202......................... Metropolitan 7/1/97 4/21/00, 65 FR 21315 Appendix G. Statistical Areas. 5-20-203......................... Air Quality 7/1/97 4/21/00, 65 FR 21315 Appendix H. Maintenance Areas (AQMA). 5-20-204......................... Nonattainment Areas. 7/1/97 4/21/00, 65 FR 21315 Appendix K. 5-20-205......................... Prevention of 1/1/97 3/23/98, 63 FR 13795 Former Appendix Significant L_Effective 2/1/92. Deterioration Areas. 5-20-206......................... Volatile Organic 3/24/04 4/27/05, 70 FR 21625 New 5-20-206.1.e. Compound and applicable to the Nitrogen Oxides Western Virginia Emissions Control VOC Emissions Areas. Control Area. ........... 6/20/05, 70 FR 35379 Revised 5-20- 206.1.c. applicable to the Hampton Roads VOC Emissions Control Area. 5-20-220......................... Shutdown of a 4/1/98 6/27/03, 68 FR 38191 stationary source. 5-20-230......................... Certification of 4/1/98 6/27/03, 68 FR 38191 Documents. ---------------------------------------------------------------------------------------------------------------- VR120, Part II General Provisions ---------------------------------------------------------------------------------------------------------------- VR120-02-02...................... Establishment of 2/1/85 2/25/93, 58 FR 11373 EPA has informed VA VR120-02-04...................... Regulations and 2/1/85 2/25/93, 58 FR 11373 that except for the VR120-02-05A..................... Orders. 2/1/85 2/25/93, 58 FR 11373 Appeals rule, these VR 2.05(b)....................... Hearings and 8/14/75 10/8/80, 45 FR 66792 provisions no VR120-02-09...................... Proceedings. 2/1/85 2/25/93, 58 FR 11373 longer need to be VR120-02-12...................... Variances_General... 2/1/85 2/25/93, 58 FR 11373 part of the SIP. VA Appendix E....................... Variances_Fuel 2/1/85 2/25/93, 58 FR 11373 has withdrawn 2/93 Appendix F....................... Emergency. 2/1/85 2/25/93, 58 FR 11373 and 2/98 revisions Appeals............. to the Appeals rule Procedural from SIP review. information and Last substantive guidance. SIP change became Public Participation State-effective on Guidelines. 8/6/79 [§ Delegation of 52.2465(c)(55)]. Authority. ---------------------------------------------------------------------------------------------------------------- Chapter 30 Ambient Air Quality Standards [Part III] ---------------------------------------------------------------------------------------------------------------- 5-30-10.......................... General............. 9/8/04 3/3/06, 71 FR 10842. .................... 5-30-30.......................... Sulfur oxides 9/8/04 3/3/06, 71 FR 10842. .................... (sulfur dioxide). 5-30-40.......................... Carbon Monoxide..... 9/8/04 3/3/06, 71 FR 10842. .................... 5-30-50.......................... Ozone (1-hour)...... 9/8/04 3/3/06, 71 FR 10842. .................... 5-30-55.......................... Ozone (8-hour)...... 9/8/04 3/3/06, 71 FR 10842. Added Section. 5-30-60.......................... Particulate Matter 9/8/04 3/3/06, 71 FR 10842. .................... (PM10). 5-30-65.......................... Particulate Matter.. 9/8/04 3/3/06, 71 FR 10842. Added Section. 5-30-70.......................... Nitrogen dioxide.... 9/8/04 3/3/06, 71 FR 10842. .................... 5-30-80.......................... Lead................ 9/8/04 3/3/06, 71 FR 10842. .................... ---------------------------------------------------------------------------------------------------------------- Chapter 40 Existing Stationary Sources [Part IV] ---------------------------------------------------------------------------------------------------------------- Part I Special Provisions ---------------------------------------------------------------------------------------------------------------- 5-40-10.......................... Applicability....... 8/1/02 3/15/04, 69 FR 12074 Revised paragraphs A, B, and C; added paragraph D. 5-40-20 (except paragraph A.4.) Compliance.......... 8/1/02 3/15/04, 69 FR 12074 Added new paragraph A.2 and revised renumbered paragraph A.3; added new paragraph G, revised paragraphs H, H.1, H.1.b through e; revised paragraphs I, I.2, I.3 and I.4; added new paragraph J.Note: New paragraph A.4. is not included in the SIP revision. 5-40-21.......................... Compliance Schedules 7/1/97 4/21/00, 69 FR 21315 Appendix N. 5-40-22.......................... Interpretation of 7/1/97 4/21/00, 65 FR 21315 Appendix Q. Emissions Standards Based on Process Weight-Rate Tables. 5-40-30.......................... Emission Testing.... 8/1/02 3/15/04, 69 FR 12074 Revised Paragraphs A and F.1; Note: Revisions to paragraph C are not included in SIP revision. 5-40-40.......................... Monitoring.......... 8/1/02 3/15/04, 69 FR 12074 Revised paragraph B, and E.1; added paragraph E.12. 5-40-41.......................... Emission Monitoring 7/1/97 4/21/00, 65 FR 21315 Appendix J. Procedures for Existing Sources. 5-40-50.......................... Notification, 8/1/02 3/15/04, 69 FR 12074 Added new paragraph Records and A.3; revised Reporting. paragraphs C, C.1, C.2 and C.3., D, E and F. ---------------------------------------------------------------------------------------------------------------- Part II Emission Standards ---------------------------------------------------------------------------------------------------------------- Article 1 Visible Emissions and Fugitive Dust/Emissions (Rule 4-1) ---------------------------------------------------------------------------------------------------------------- 5-40-60.......................... Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-0101. Designation of Affected Facility. 5-40-70.......................... Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-0102. 5-40-80.......................... Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-0103. Emissions. 5-40-90.......................... Standard for 2/1/03 4/29/05, 70 FR .................... Fugitive Dust/ 22263.. Emissions. 5-40-100......................... Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0105. 5-40-110......................... Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-0106. Procedures. 5-40-120......................... Waivers............. 2/1/03 4/29/05, 70 FR .................... 22263.. ---------------------------------------------------------------------------------------------------------------- Article 4 Emission Standards for General Process Operations (Rule 4-4) ---------------------------------------------------------------------------------------------------------------- 5-40-240......................... Applicability and 3/24/04 4/27/05, 70 FR 21625 .................... Designation of Affected Facility. 5-40-250......................... Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-0402. 5-40-260......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0403. Particulate Matter (AQCR 1-6). 5-40-270......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0404. Particulate Matter (AQCR 7). 5-40-280......................... Standard for Sulfur 4/17/95 4/21/00, 65 FR 21315 120-04-0405. Dioxide. 5-40-300......................... Standard for 4/1/96 3/12/97, 62 FR .................... Volatile Organic 11332.. Compounds. 5-40-310A.-E..................... Standard for 3/24/04 4/27/05, 70 FR .................... Nitrogen Oxides. 21625.. 5-40-311......................... Reasonably available 7/1/97 4/28/99, 64 FR 22792 52.2420(c)(132) control technology Exceptions: guidelines for 311C.3.a, C.3.c, D. stationary sources of nitrogen dioxide. 5-40-320......................... Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-0409. Emissions. 5-40-330......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0410. Fugitive Dust/ Emissions. 5-40-360......................... Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0413. 5-40-370......................... Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-0414. Procedures. 5-40-380......................... Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0415. 5-40-390......................... Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-0416. Records and Reporting. 5-40-400......................... Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-0417. 5-40-410......................... Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-0418. Equipment Maintenance or Malfunction. 5-40-420......................... Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-0419. ---------------------------------------------------------------------------------------------------------------- Article 5 Emission Standards for Synthesized Pharmaceutical Products Manufacturing Operations (Rule 4-5) ---------------------------------------------------------------------------------------------------------------- 5-40-430......................... Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-0501. Designation of Affected Facility. 5-40-440......................... Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-0502. 4-40-450......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0503. Volatile Organic Compounds. 5-40-460......................... Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-0504. Guidelines. 5-40-470......................... Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-0505. Emissions. 5-40-480......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0506. Fugitive Dust/ Emissions. 5-40-510......................... Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0509. 5-40-520......................... Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-0510. Procedures. 5-40-530......................... Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0511. 5-40-540......................... Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-0512. Records and Reporting. 5-40-550......................... Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-0513. 5-40-560......................... Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-0514. Equipment Maintenance or Malfunction. 5-40-570......................... Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-0515. ---------------------------------------------------------------------------------------------------------------- Article 6 Emission Standards for Rubber Tire Manufacturing Operations (Rule 4-6) ---------------------------------------------------------------------------------------------------------------- 5-40-580......................... Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-0601. Designation of Affected Facility. 5-40-590......................... Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-0602. 5-40-600......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0603. Volatile Organic Compounds. 5-40-610......................... Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-0604. Guidelines. 5-40-620......................... Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-0605. Emissions. 5-40-660......................... Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0609. 5-40-670......................... Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-0610. Procedures. 5-40-680......................... Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0611. 5-40-690......................... Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-0612. Records and Reporting. 5-40-700......................... Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-0613. 5-40-710......................... Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-0614. Equipment Maintenance or Malfunction. 5-40-720......................... Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-0615. ---------------------------------------------------------------------------------------------------------------- Article 7 Emission Standards for Incinerators (Rule 4-7) ---------------------------------------------------------------------------------------------------------------- 5-40-730......................... Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-0701. Designation of Affected Facility. 5-40-740......................... Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-0702. 5-40-750......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0703. Particulate Matter. 5-40-760......................... Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-0704. Emissions. 5-40-770......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0705. Fugitive Dust/ Emissions. 5-40-800......................... Prohibition of Flue- 4/17/95 4/21/00, 65 FR 21315 120-04-0708. Fed Incinerators. 5-40-810......................... Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0709. 5-40-820......................... Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-0710. Procedures. 5-40-830......................... Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0711. 5-40-840......................... Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-0712. Records and Reporting. 5-40-850......................... Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-0713. 5-40-860......................... Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-0714. Equipment Maintenance or Malfunction. 5-40-870......................... Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-0715. ---------------------------------------------------------------------------------------------------------------- Article 8 Emission Standards for Fuel Burning Equipment (Rule 4-8) ---------------------------------------------------------------------------------------------------------------- 5-40-880......................... Applicability and 4/1/99 5/31/01, 66 FR 29495 Designation of Affected Facility. 5-40-890......................... Definitions......... 4/1/99 5/31/01, 66 FR .................... 29495.. 5-40-900......................... Standard for 4/1/99 5/31/01, 66 FR .................... Particulate Matter. 29495.. 5-40-910......................... Emission Allocation 4/17/95 4/21/00, 65 FR 21315 120-04-0804. System. 5-40-920......................... Determination of 4/17/95 4/21/00, 65 FR 21315 120-04-0805. Collection Equipment Efficiency Factor. 5-40-930......................... Standard for Sulfur 4/17/95 4/21/00, 65 FR 21315 120-04-0806. Dioxide. 5-40-940......................... Standard for Visible 4/1/99 5/31/01, 66 FR 29495 .................... Emissions. 5-40-950......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0808. Fugitive Dust/ Emissions. 5-40-980......................... Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0811. 5-40-990......................... Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-0812. Procedures. 5-40-1000........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0813. 5-40-1010........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-0814. Records and Reporting. 5-40-1020........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-0815. 5-40-1030........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-0816. Equipment Maintenance or Malfunction. 5-40-1040........................ Permits............. 4/1/99 5/31/01, 66 FR .................... 29495.. ---------------------------------------------------------------------------------------------------------------- Article 9 Emission Standards for Coke Ovens (Rule 4-9) ---------------------------------------------------------------------------------------------------------------- 5-40-1050........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-0901. Designation of Affected Facility. 5-40-1060........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-0902. 5-40-1070........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0903. Particulate Matter. 5-40-1080........................ Standard for Sulfur 4/17/95 4/21/00, 65 FR 21315 120-04-0904. Dioxide. 5-40-1090........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-0905. Emissions. 5-40-1100........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-0906. Fugitive Dust/ Emissions. 5-40-1130........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0909. 5-40-1140........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-0910. Procedures. 5-40-1150........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-0911. 5-40-1160........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-0912. Records and Reporting. 5-40-1170........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-0913. 5-40-1180........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-0914. Equipment Maintenance or Malfunction. 5-40-1190........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-0915. ---------------------------------------------------------------------------------------------------------------- Article 10 Emission Standards for Asphalt Concrete Plants (Rule 4-10) ---------------------------------------------------------------------------------------------------------------- 5-40-1200........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-1001. Designation of Affected Facility. 5-40-1210........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-1002. 5-40-1220........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1003. Particulate Matter. 5-40-1230........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-1004. Emissions. 5-40-1240........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1005. Fugitive Dust/ Emissions. 5-40-1270........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1008. 5-40-1280........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-1009. Procedures. 5-40-1290........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1010. 5-40-1300........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-1011. Records and Reporting. 5-40-1310........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-1012. 5-40-1320........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-1013. Equipment Maintenance or Malfunction. 5-40-1330........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-1014. ---------------------------------------------------------------------------------------------------------------- Article 11 Emission Standards for Petroleum Refinery Operations (Rule 4-11) ---------------------------------------------------------------------------------------------------------------- 5-40-1340........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-1101. Designation of Affected Facility. 5-40-1350........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-1102. 5-40-1360........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1103. Particulate Matter. 5-40-1370........................ Standard for Sulfur 4/17/95 4/21/00, 65 FR 21315 120-04-1104. Dioxide. 5-40-1390........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1106. Volatile Organic Compounds. 5-40-1400........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-1107. Guidelines. 5-40-1410........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-1108. Emissions. 5-40-1420........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1109. Fugitive Dust/ Emissions. 5-40-1450........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1112. 5-40-1460........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-1113. Procedures. 5-40-1470........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1114. 5-40-1480........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-1115. Records and Reporting. 5-40-1490........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-1116. 5-40-1500........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-1117. Equipment Maintenance or Malfunction. 5-40-1510........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-1118. ---------------------------------------------------------------------------------------------------------------- Article 12 Emission Standards for Chemical Fertilizer Manufacturing Operations (Rule 4-12) ---------------------------------------------------------------------------------------------------------------- 5-40-1520........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-1201. Designation of Affected Facility. 5-40-1530........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-1202. 5-40-1540........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1203. Particulate Matter. 5-40-1550........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-1204. Emissions. 5-40-1560........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1205. Fugitive Dust/ Emissions. 5-40-1590........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1208. 5-40-1600........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-1209. Procedures. 5-40-1610........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1210. 5-40-1620........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-1211. Records and Reporting. 5-40-1630........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-1212. 5-40-1640........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-1213. Equipment Maintenance or Malfunction. 5-40-1650........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-1214. ---------------------------------------------------------------------------------------------------------------- Article 13 Emission Standards for Kraft Pulp Mills (Rule 4-13) ---------------------------------------------------------------------------------------------------------------- –5-40-1660............. Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-1301. Designation of Affected Facility. 5-40-1670........................ Definitions of cross 4/17/95 4/21/00, 65 FR 21315 120-04-1302 recovery furnace, Remaining kraft pulp mill, definitions are lime kiln, recovery federally furnace, smelt enforceable as part dissolving tank. of the Section 111(d) plan for kraft pulp mills (see, § 62.11610). 5-40-1680........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1303. Particulate Matter. 5-40-1700........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-1305. Guidelines. 5-40-1710........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-1306. Emissions. 5-40-1720........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1307. Fugitive Dust/ Emissions. 5-40-1750A....................... Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1310A. Note: Sections 5-40- 1750B. through D. are federally enforceable as part of the Section 111(d) plan for kraft pulp mills (see, § 62.11610). 5-40-1760........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-1311. Procedures. 5-40-1770A....................... Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1312A. Note: Sections 5-40- 1770B. and C. are federally enforceable as part of the Section 111(d) plan for kraft pulp mills (see, § 62.11610). 5-40-1780A....................... Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-1313A. Note: Records and Sections 5-40- Reporting. 1780B. through D. are federally enforceable as part of the Section 111(d) plan for kraft pulp mills (see, § 62.11610). 5-40-1790........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-1314. 5-40-1800........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-1315. Equipment Maintenance or Malfunction. 5-40-1810........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-1316. ---------------------------------------------------------------------------------------------------------------- Article 14 Emission Standards for Sand and Gravel Processing Operations and Stone Quarrying and Processing Operations (Rule 4-14) ---------------------------------------------------------------------------------------------------------------- 5-40-1820........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-1401. Designation of Affected Facility. 5-40-1830........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-1402. 5-40-1840........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1403. Particulate Matter. 5-40-1850........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-1404. Emissions. 5-40-1860........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1405. Fugitive Dust/ Emissions. 5-40-1890........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1408. 5-40-1900........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-1409. Procedures. 5-40-1910........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1410. 5-40-1920........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-1411. Records and Reporting. 5-40-1930........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-1412. 5-40-1940........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-1413. Equipment Maintenance or Malfunction. 5-40-1950........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-1414. ---------------------------------------------------------------------------------------------------------------- Article 15 Emission Standards for Coal Preparation Plants (Rule 5-15) ---------------------------------------------------------------------------------------------------------------- 5-40-1960........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-1501. Designation of Affected Facility. 5-40-1970........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-1502. 5-40-1980........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1503. Particulate Matter. 5-40-1990........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-1504. Emissions. 5-40-2000........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1505. Fugitive Dust/ Emissions. 5-40-2030........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1508. 5-40-2040........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-1509. Procedures. 5-40-2050........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1510. 5-40-2060........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-1511. Records and Reporting. 5-40-2070........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-1512. 5-40-2080........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-1513. Equipment Maintenance or Malfunction. 5-40-2090........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-1514. ---------------------------------------------------------------------------------------------------------------- Article 16 Emission Standards for Portland Cement Plants (Rule 4-16) ---------------------------------------------------------------------------------------------------------------- 5-40-2100........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-1601. Designation of Affected Facility. 5-40-2110........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-1602. 5-40-2120........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1603. Particulate Matter. 5-40-2130........................ Standard for Sulfur 4/17/95 4/21/00, 65 FR 21315 120-04-1604. Dioxide. 5-40-2140........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-1605. Emissions. 5-40-2150........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1606. Fugitive Dust/ Emissions. 5-40-2180........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1609. 5-40-2190........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-1610. Procedures. 5-40-2200........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1611. 5-40-2210........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-1612. Records and Reporting. 5-40-2220........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-1613. 5-40-2230........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-1614. Equipment Maintenance or Malfunction. 5-40-2240........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-1615. ---------------------------------------------------------------------------------------------------------------- Article 17 Emission Standards for Woodworking Operations (Rule 4-17) ---------------------------------------------------------------------------------------------------------------- 5-40-2250........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-1701. Designation of Affected Facility. 5-40-2260........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-1702. 5-40-2270........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1703. Particulate Matter. 5-40-2280........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-1704. Emissions. 5-40-2290........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1705. Fugitive Dust/ Emissions. 5-40-2320........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1708. 5-40-2330........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-1709. Procedures. 5-40-2340........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1710. 5-40-2350........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-1711. Records and Reporting. 5-40-2360........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-1712. 5-40-2370........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-1713. Equipment Maintenance or Malfunction. 5-40-2380........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-1714. ---------------------------------------------------------------------------------------------------------------- Article 18 Emission Standards for Primary and Secondary Metal Operations (Rule 4-18) ---------------------------------------------------------------------------------------------------------------- 5-40-2390........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-1801. Designation of Affected Facility. 5-40-2400........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-1802. 5-40-2410........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1803. Particulate Matter. 5-40-2420........................ Standard for Sulfur 4/17/95 4/21/00, 65 FR 21315 120-04-1804. Oxides. 5-40-2430........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-1805. Emissions. 5-40-2440........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1806. Fugitive Dust/ Emissions. 5-40-2470........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1809. 5-40-2480........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-1810. Procedures. 5-40-2490........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1811. 5-40-2500........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-1812. Records and Reporting. 5-40-2510........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-1813. 5-40-2520........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-1814. Equipment Maintenance or Malfunction. 5-40-2530........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-1815. ---------------------------------------------------------------------------------------------------------------- Article 19 Emission Standards for Lightweight Aggregate Process Operations (Rule 4-19) ---------------------------------------------------------------------------------------------------------------- 5-40-2540........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-1901. Designation of Affected Facility. 5-40-2550........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-1902. 5-40-2560........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1903. Particulate Matter. 5-40-2570........................ Standard for Sulfur 4/17/95 4/21/00, 65 FR 21315 120-04-1904. Oxides. 5-40-2580........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-1905. Emissions. 5-40-2590........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-1906. Fugitive Dust/ Emissions. 5-40-2620........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1909. 5-40-2630........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-1910. Procedures. 5-40-2640........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-1911. 5-40-2650........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-1912. Records and Reporting. 5-40-2660........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-1913. 5-40-2670........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-1914. Equipment Maintenance or Malfunction. 5-40-2680........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-1915. ---------------------------------------------------------------------------------------------------------------- Article 20 Emission Standards for Feed Manufacturing Operations (Rule 4-20) ---------------------------------------------------------------------------------------------------------------- 5-40-2690........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-2001. Designation of Affected Facility. 5-40-2700........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-2002. 5-40-2710........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2003. Particulate Matter. 5-40-2720........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-2004. Emissions. 5-40-2730........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2005. Fugitive Dust/ Emissions. 5-40-2760........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2008. 5-40-2770........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-2009. Procedures. 5-40-2780........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2010. 5-40-2790........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-2011. Records and Reporting. 5-40-2800........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-2012. 5-40-2810........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-2013. Equipment Maintenance or Malfunction. 5-40-2820........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-2014. ---------------------------------------------------------------------------------------------------------------- Article 21 Emission Standards for Sulfuric Acid Production Plants (Rule 4-21) ---------------------------------------------------------------------------------------------------------------- 5-40-2830........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-2101. Designation of Affected Facility. 5-40-2840........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-2102. 5-40-2850........................ Standard for Sulfur 4/17/95 4/21/00, 65 FR 21315 120-04-2103. Dioxide. 5-40-2870........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-2105. Emissions. 5-40-2880........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2106. Fugitive Dust/ Emissions. 5-40-2910........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2109. 5-40-2920........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-2110. Procedures. 5-40-2930........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2111. 5-40-2940........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-2112. Records and Reporting. 5-40-2950........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-2113. 5-40-2960........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-2114. Equipment Maintenance or Malfunction. 5-40-2970........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-2115. ---------------------------------------------------------------------------------------------------------------- Article 22 Emission Standards for Sulfur Recovery Operations (Rule 4-22) ---------------------------------------------------------------------------------------------------------------- 5-40-2980........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-2201. Designation of Affected Facility. 5-40-2990........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-2202. 5-40-3000........................ Standard for Sulfur 4/17/95 4/21/00, 65 FR 21315 120-04-2203. Dioxide. 5-40-3010........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-2204. Emissions. 5-40-3020........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2205. Fugitive Dust/ Emissions. 5-40-3050........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2208. 5-40-3060........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-2209. Procedures. 5-40-3070........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2210. 5-40-3080........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-2211. Records and Reporting. 5-40-3090........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-2212. 5-40-3100........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-2213. Equipment Maintenance or Malfunction. 5-40-3110........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-2214. ---------------------------------------------------------------------------------------------------------------- Article 23 Emission Standards for Nitric Acid Production Units (Rule 4-23) ---------------------------------------------------------------------------------------------------------------- 5-40-3120........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-2301. Designation of Affected Facility. 5-40-3130........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-2302. 5-40-3140........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2303. Nitrogen Oxides. 5-40-3150........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-2304. Emissions. 5-40-3160........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2305. Fugitive Dust/ Emissions. 5-40-3190........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2308. 5-40-3200........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-2309. Procedures. 5-40-3210........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2310. 5-40-3220........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-2311. Records and Reporting. 5-40-3230........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-2312. 5-40-3240........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-2313. Equipment Maintenance or Malfunction. 5-40-3250........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-2314. ---------------------------------------------------------------------------------------------------------------- Article 24 Emission Standards for Solvent Metal Cleaning Operations Using Non-Halogenated Solvents (Rule 4-24) ---------------------------------------------------------------------------------------------------------------- 5-40-3260........................ Applicability and 3/24/04 5/17/05, 70 FR 28215 Designation of Affected Facility. 5-40-3270........................ Definitions......... 4/1/97 11/3/99, 64 FR 59635 5-40-3280........................ Standard for 4/1/97 11/3/99, 64 FR 59635 Volatile Organic Compounds. 5-40-3290........................ Control Technology 4/1/97 11/3/99, 64 FR 59635 Guidelines. 5-40-3300........................ Standard for Visible 4/1/97 11/3/99, 64 FR 59635 Emissions. 5-40-3310........................ Standard for 4/1/97 11/3/99, 64 FR 59635 Fugitive Dust/ Emissions. 5-40-3340........................ Compliance.......... 4/1/97 11/3/99, 64 FR 59635 5-40-3350........................ Test Methods and 4/1/97 11/3/99, 64 FR 59635 Procedures. 5-40-3360........................ Monitoring.......... 4/1/97 11/3/99, 64 FR 59635 5-40-3370........................ Notification, 4/1/97 11/3/99, 64 FR 59635 Records and Reporting. 5-40-3380........................ Registration........ 4/1/97 11/3/99, 64 FR 59635 5-40-3390........................ Facility and Control 4/1/97 11/3/99, 64 FR 59635 Equipment Maintenance or Malfunction. 5-40-3400........................ Permits............. 4/1/97 11/3/99, 64 FR 59635 ---------------------------------------------------------------------------------------------------------------- Article 25 Emission Standards for Volatile Organic Compound Storage and Transfer Operations (Rule 4-25) ---------------------------------------------------------------------------------------------------------------- 5-40-3410........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-2501. Designation of Affected Facility. 5-40-3420........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-2502. 5-40-3430........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2503. Volatile Organic Compounds. 5-40-3440........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-2504. Guidelines. 5-40-3450........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-2505. Emissions. 5-40-3460........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2506. Fugitive Dust/ Emissions. 5-40-3490........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2509. 5-40-3500........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-2510. Procedures. 5-40-3510........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2511. 5-40-3520........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-2512. Records and Reporting. 5-40-3530........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-2513. 5-40-3540........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-2514. Equipment Maintenance or Malfunction. 5-40-3550........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-2515. ---------------------------------------------------------------------------------------------------------------- Article 26 Emission Standards for Large Coating Application Systems (Rule 4-26) ---------------------------------------------------------------------------------------------------------------- 5-40-3560........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-2601. Designation of Affected Facility. 5-40-3570........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-2602. 5-40-3580........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2603. Volatile Organic Compounds. 5-40-3590........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-2604. Guidelines. 5-40-3600........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-2605. Emissions. 5-40-3610........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2606. Fugitive Dust/ Emissions. 5-40-3640........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2609. 5-40-3650........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-2610. Procedures. 5-40-3660........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2611. 5-40-3670........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-2612. Records and Reporting. 5-40-3680........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-2613. 5-40-3690........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-2614. Equipment Maintenance or Malfunction. 5-40-3700........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-2615. ---------------------------------------------------------------------------------------------------------------- Article 27 Emission Standards for Magnet Wire Coating Application Systems (Rule 4-27) ---------------------------------------------------------------------------------------------------------------- 5-40-3710........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-2701. Designation of Affected Facility. 5-40-3720........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-2702. 5-40-3730........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2703. Volatile Organic Compounds. 5-40-3740........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-2704. Guidelines. 5-40-3750........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-2705. Emissions. 5-40-3760........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2706. Fugitive Dust/ Emissions. 5-40-3790........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2709. 5-40-3800........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-2710. Procedures. 5-40-3810........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2711. 5-40-3820........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-2712. Records and Reporting. 5-40-3830........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-2713. 5-40-3840........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-2714. Equipment Maintenance or Malfunction. 5-40-3850........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-2715. ---------------------------------------------------------------------------------------------------------------- Article 28 Emission Standards for Automobile and Light Duty Truck Coating Application Systems (Rule 4-28) ---------------------------------------------------------------------------------------------------------------- 5-40-3860........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-2801. Designation of Affected Facility. 5-40-3870........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-2802 5-40-3880........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2803. Volatile Organic Compounds. 5-40-3890........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-2804. Guidelines. 5-40-3900........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-2805. Emissions. 5-40-3910........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2806. Fugitive Dust/ Emissions. 5-40-3940........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2809. 5-40-3950........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-2810. Procedures. 5-40-3960........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2811. 5-40-3970........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-2812. Records and Reporting. 5-40-3980........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-2813. 5-40-3990........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-2814. Equipment Maintenance or Malfunction. 5-40-4000........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-2815. ---------------------------------------------------------------------------------------------------------------- Article 29 Emission Standards for Can Coating Application Systems (Rule 4-29) ---------------------------------------------------------------------------------------------------------------- 5-40-4010........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-2901. Designation Affected Facility. 5-40-4020........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-2902. 5-40-4030........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2903. Volatile Organic Compounds. 5-40-4040........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-2904. Guidelines. 5-40-4050........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-2905. Emissions. 5-40-4060........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-2906. Fugitive Dust/ Emissions. 5-40-4090........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2909. 5-40-4100........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-2910. Procedures. 5-40-4110........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-2911. 5-40-4120........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-2912. Records and Reporting. 5-40-4130........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-2913. 5-40-4140........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-2914. Equipment Maintenance or Malfunction. 5-40-4150........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-2915. ---------------------------------------------------------------------------------------------------------------- Article 30 Emission Standards for Metal Coil Coating Application Systems (Rule 4-30) ---------------------------------------------------------------------------------------------------------------- 5-40-4160........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-3001. Designation of Affected Facility. 5-40-4170........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-3002. 5-40-4180........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3003. Volatile Organic Compounds. 5-40-4190........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-3004. Guidelines. 5-40-4200........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-3005. Emissions. 5-40-4210........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3006. Fugitive Dust/ Emissions. 5-40-4240........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3009. 5-40-4250........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-3010. Procedures. 5-40-4260........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3011. 5-40-4270........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-3012. Records and Reporting. 5-40-4280........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-3013. 5-40-4290........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-3014. Equipment Maintenance or Malfunction. 5-40-4300........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-3015. ---------------------------------------------------------------------------------------------------------------- Article 31 Emission Standards for Paper and Fabric Coating Application Systems (Rule 4-31) ---------------------------------------------------------------------------------------------------------------- 5-40-4310........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-3101. Designation of Affected Facility. 5-40-4320........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-3102. 5-40-4330........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3103. Volatile Organic Compounds. 5-40-4340........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-3104. Guidelines. 5-40-4350........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-3105. Emissions. 5-40-4360........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3106. Fugitive Dust/ Emissions. 5-40-4390........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3109. 5-40-4400........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-3110. Procedures. 5-40-4410........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3111. 5-40-4420........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-3112. Records and Reporting. 5-40-4430........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-3113. 5-40-4440........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-3114. Equipment Maintenance or Malfunction. 5-40-4450........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-3115. ---------------------------------------------------------------------------------------------------------------- Article 32 Emission Standards for Vinyl Coating Application Systems (Rule 4-32) ---------------------------------------------------------------------------------------------------------------- 5-40-4460........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-3201. Designation of Affected Facility. 5-40-4470........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-3202. 5-40-4480........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3203. Volatile Organic Compounds. 5-40-4490........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-3204. Guidelines. 5-40-4500........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-3205. Emissions. 5-40-4510........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3206. Fugitive Dust/ Emissions. 5-40-4540........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3209. 5-40-4550........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-3210. Procedures. 5-40-4560........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3211. 5-40-4570........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-3212. Records and Reporting. 5-40-4580........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-3213. 5-40-4590........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-3214. Equipment Maintenance or Malfunction. 5-40-4600........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-3215. ---------------------------------------------------------------------------------------------------------------- Article 33 Emission Standards for Metal Furniture Coating Application Systems (Rule 4-33) ---------------------------------------------------------------------------------------------------------------- 5-40-4610........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-3301. Designation of Affected Facility. 5-40-4620........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-3302. 5-40-4630........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3303. Volatile Organic Compounds. 5-40-4640........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-3304. Guidelines. 5-40-4650........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-3305. Emissions. 5-40-4660........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3306. Fugitive Dust/ Emissions. 5-40-4690........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3309. 5-40-4700........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-3310. Procedures. 5-40-4710........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3311. 5-40-4720........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-3312. Records and Reporting. 5-40-4730........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-3313. 5-40-4740........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-3314. Equipment Maintenance or Malfunction. 5-40-4750........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-3315. ---------------------------------------------------------------------------------------------------------------- Article 34 Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems (Rule 4-34) ---------------------------------------------------------------------------------------------------------------- 5-40-4760........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-3401. Designation of Affected Facility. 5-40-4770........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-3402. 5-40-4780........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3403. Volatile Organic Compounds. 5-40-4790........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-3404. Guidelines. 5-40-4800........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-3405. Emissions. 5-40-4810........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3406. Fugitive Dust/ Emissions. 5-40-4840........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3409. 5-40-4850........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-3410. Procedures. 5-40-4860........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3411. 5-40-4870........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-3412. Records and Reporting. 5-40-4880........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-3413. 5-40-4890........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-3414. Equipment Maintenance or Malfunction. 5-40-4900........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-3415. ---------------------------------------------------------------------------------------------------------------- Article 35 Emission Standards for Flatwood Paneling Coating Application Systems (Rule 4-35) ---------------------------------------------------------------------------------------------------------------- 5-40-4910........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-3501. Designation of Affected Facility. 5-40-4920........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-3502. 5-40-4930........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3503. Volatile Organic Compounds. 5-40-4940........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-3504. Guidelines. 5-40-4950........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-3505. Emissions. 5-40-4960........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3506. Fugitive Dust/ Emissions. 5-40-4990........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3509. 5-40-5000........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-3510. Procedures. 5-40-5010........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3511. 5-40-5020........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-3512. Records and Reporting. 5-40-5030........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-3513. 5-40-5040........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-3514. Equipment Maintenance or Malfunction. 5-40-5050........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-3515. ---------------------------------------------------------------------------------------------------------------- Article 36 Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines (Rule 4-36) ---------------------------------------------------------------------------------------------------------------- 5-40-5060........................ Applicability and 4/1/96 3/12/97, 62 FR 11334 § Designation of 52.2465(c)(113)(i)( Affected Facility. B)(4). 5-40-5070........................ Definitions......... 4/1/96 3/12/97, 62 FR 11334 5-40-5080........................ Standard for 4/1/96 3/12/97, 62 FR 11334 Volatile Organic Compounds. 5-40-5090........................ Standard for Visible 4/1/96 3/12/97, 62 FR 11334 Emissions. 5-40-5100........................ Standard for 4/1/96 3/12/97, 62 FR 11334 Fugitive Dust/ Emissions. 5-40-5130........................ Compliance.......... 4/1/96 3/12/97, 62 FR 11334 5-40-5140........................ Test Methods and 4/1/96 3/12/97, 62 FR 11334 Procedures. 5-40-5150........................ Monitoring.......... 4/1/96 3/12/97, 62 FR 11334 5-40-5160........................ Notification, 4/1/96 3/12/97, 62 FR 11334 Records and Reporting. 5-40-5170........................ Registration........ 4/1/96 3/12/97, 62 FR 11334 5-40-5180........................ Facility and Control 4/1/96 3/12/97, 62 FR 11334 Equipment Maintenance or Malfunction. 5-40-5190........................ Permits............. 4/1/96 3/12/97, 62 FR 11334 ---------------------------------------------------------------------------------------------------------------- Article 37 Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37) ---------------------------------------------------------------------------------------------------------------- 5-40-5200........................ Applicability and 3/24/04 4/27/05, 70 FR 21625 Designation of Affected Facility. 5-40-5210........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-3702. 5-40-5220........................ Standard for 3/24/04 4/27/05, 70 FR 21625 Volatile Organic Compounds. 5-40-5230........................ Control Technology 4/17/95 4/21/00, 65 FR 21315 120-04-3704. Guidelines. 5-40-5240........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-3705. Emissions. 5-40-5250........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3706. Fugitive Dust/ Emissions. 5-40-5280........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3709. 5-40-5290........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-3710. Procedures. 5-40-5300........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3711. 5-40-5310........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-3712. Records and Reporting. 5-40-5320........................ Registration........ 4/17/95 4/21/00, 65 FR 21315 120-04-3713. 5-40-5330........................ Facility and Control 4/17/95 4/21/00, 65 FR 21315 120-04-3714. Equipment Maintenance or Malfunction. 5-40-5340........................ Permits............. 4/17/95 4/21/00, 65 FR 21315 120-04-3715. ---------------------------------------------------------------------------------------------------------------- Article 39 Emission Standards for Asphalt Paving Operations (Rule 4-39) ---------------------------------------------------------------------------------------------------------------- 5-40-5490........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-3901. Designation of Affected Facility. 5-40-5500........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-3902. 5-40-5510........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3903. Volatile Organic Compounds. 5-40-5520........................ Standard for Visible 4/17/95 4/21/00, 65 FR 21315 120-04-3904. Emissions. 5-40-5530........................ Standard for 4/17/95 4/21/00, 65 FR 21315 120-04-3905. Fugitive Dust/ Emissions. 5-40-5560........................ Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3908. 5-40-5570........................ Test Methods and 4/17/95 4/21/00, 65 FR 21315 120-04-3909. Procedures. 5-40-5580........................ Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-04-3910. 5-40-5590........................ Notification, 4/17/95 4/21/00, 65 FR 21315 120-04-3911. Records and Reporting. ---------------------------------------------------------------------------------------------------------------- Article 40 Emission Standards for Open Burning (Rule 4-40) ---------------------------------------------------------------------------------------------------------------- 5-40-5600........................ Applicability....... 4/1/96 3/12/97, 62 FR 11332 Provisions of Article 40 are applicable only in the Northern Va and Richmond Emissions Control Areas as defined in 9 VAC 5- 20-206. 5-40-5610........................ Definitions of 4/1/96 3/12/97, 62 FR 11332 ``refuse'', ``household refuse'', ``clean burning waste'', ``landfill'', ``local landfill'', ``sanitary landfill'', ``special incineration devise'';. 5-40-5610........................ All definitions not 4/17/95 4/21/00, 65 FR 21315 120-04-4002. listed above. 5-40-5620........................ Open Burning 4/1/96 3/12/97, 62 FR 11332 Prohibitions. 5-40-5630........................ Permissible Open 4/1/96 3/12/97, 62 FR 11332 Burning. 5-40-5631........................ Forest Management 7/1/97 3/12/97, 62 FR 11332 Former Appendix D, Agricultural effective 4/1/96. Practices. ---------------------------------------------------------------------------------------------------------------- Article 41 Emission Standards for Mobile Sources (Rule 4-41) ---------------------------------------------------------------------------------------------------------------- 5-40-5650........................ Applicability and 4/17/95 4/21/00, 65 FR 21315 120-04-4101. Designation of Affected Facility. 5-40-5660........................ Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-04-4102. 5-40-5670........................ Motor Vehicles...... 4/17/95 4/21/00, 65 FR 21315 120-04-4103. 5-40-5680........................ Other Mobile Sources 4/17/95 4/21/00, 65 FR 21315 120-04-4104. 5-40-5690........................ Export/Import of 4/17/95 4/21/00, 65 FR 21315 120-04-4105. Motor Vehicles. ---------------------------------------------------------------------------------------------------------------- Article 42 Emissions Standards for Portable Fuel Container Spillage in the Northern Virginia Volatile Organic Compound Emissions Control Area (Rule 4-42) ---------------------------------------------------------------------------------------------------------------- 5-40-5700........................ Applicability....... 3/24/2004 6/8/04, 69 FR 31893. 5-40-5710........................ Definitions......... 3/24/2004 6/8/04, 69 FR 31893. 5-40-5720........................ Standard for 3/24/2004 6/8/04, 69 FR 31893. volatile organic compounds. 5-40-5730........................ Administrative 3/24/2004 6/8/04, 69 FR 31893. requirements. 5-40-5740........................ Compliance.......... 3/24/2004 6/8/04, 69 FR 31893. 5-40-5750........................ Compliance Schedules 3/24/2004 6/8/04, 69 FR 31893. 5-40-5760........................ Test methods and 3/24/2004 6/8/04, 69 FR 31893. procedures. 5-40-5770........................ Notification, 3/24/2004 6/8/04, 69 FR 31893. records and reporting. ---------------------------------------------------------------------------------------------------------------- Article 43 Municipal Solid Waste Landfills (Rule 4-43) ---------------------------------------------------------------------------------------------------------------- 5-40-5800........................ Applicability and 1/29/04 12/29/04, 69 FR Designation of 77900. Affected Facility. 5-40-5810........................ Definitions......... 1/29/04 12/29/04, 69 FR 77900. 5-40-5820........................ Standards for Air 1/29/04 12/29/04, 69 FR Emissions. 77900. 5-40-5822........................ Operational 1/29/04 12/29/04, 69 FR standards for 77900. collection and control systems. 5-40-5824........................ Specifications for 1/29/04 12/29/04, 69 FR active collection 77900. systems. 5-40-5850........................ Compliance.......... 1/29/04 12/29/04, 69 FR 77900. 5-40-5855........................ Compliance schedule. 1/29/04 12/29/04, 69 FR 77900. 5-40-5860........................ Test methods and 1/29/04 12/29/04, 69 FR procedures. 77900. 5-40-5870........................ Monitoring.......... 1/29/04 12/29/04, 69 FR 77900. 5-40-5880........................ Reporting........... 1/29/04 12/29/04, 69 FR 77900. 5-40-5890........................ Recordkeeping....... 1/29/04 12/29/04, 69 FR 77900. 5-40-5900........................ Registration........ 1/29/04 12/29/04, 69 FR 77900. 5-40-5910........................ Facility and control 1/29/04 12/29/04, 69 FR equipment 77900. maintenance or malfunction. 5-40-5920........................ Permits............. 1/29/04 12/29/04, 69 FR 77900. ---------------------------------------------------------------------------------------------------------------- Article 45 Emission Standards for Lithographic Printing Processes (Rule 4-45) ---------------------------------------------------------------------------------------------------------------- 5-40-7800........................ Applicability and 4/1/96 3/12/97, 62 FR 11334 Designation of Affected Facility. 5-40-7810........................ Definitions of 4/1/96 3/12/97, 62 FR 11334 ``alcohol'', ``cleaning solution'', ``fountain solution'', ``lithographic printing'', ``printing'', ``printing process''. 5-40-7820........................ Standard for 4/1/96 3/12/97, 62 FR 11334 Volatile Organic Compounds. 5-40-7840........................ Standard for Visible 4/1/96 3/12/97, 62 FR 11334 Emissions. 5-40-7850........................ Standard for 4/1/96 3/12/97, 62 FR 11334 Fugitive Dust Emissions. 5-40-7880........................ Compliance.......... 4/1/96 3/12/97, 62 FR 11334 5-40-7890........................ Test Methods and 4/1/96 3/12/97, 62 FR 11334 Procedures. 5-40-7900........................ Monitoring.......... 4/1/96 3/12/97, 62 FR 11334 5-40-7910........................ Notification, 4/1/96 3/12/97, 62 FR 11334 Records and Reporting. 5-40-7920........................ Registration........ 4/1/96 3/12/97, 62 FR 11334 5-40-7930........................ Facility and Control 4/1/96 3/12/97, 62 FR 11334 Equipment Maintenance and Malfunction. 5-40-7940........................ Permits............. 4/1/96 3/12/97, 62 FR 11334 ---------------------------------------------------------------------------------------------------------------- Article 47 Emission Standards for Solvent Metal Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area (Rule 4-47) ---------------------------------------------------------------------------------------------------------------- 5-40-6820........................ Applicability....... 3/24/04 6/9/04, 69 FR 32277. 5-40-6830........................ Definitions......... 3/24/04 6/9/04, 69 FR 32277. 5-40-6840........................ Standards for 3/24/04 6/9/04, 69 FR 32277. volatile organic compounds. 5-40-6850........................ Standard for visible 3/24/04 6/9/04, 69 FR 32277. emissions. 5-40-6860........................ Standard for 3/24/04 6/9/04, 69 FR 32277. fugitive dust/ emissions. 5-40-6890........................ Compliance.......... 3/24/04 6/9/04, 69 FR 32277. 5-40-6900........................ Compliance schedules 3/24/04 6/9/04, 69 FR 32277. 5-40-6910........................ Test methods and 3/24/04 6/9/04, 69 FR 32277. procedures. 5-40-6920........................ Monitoring.......... 3/24/04 6/9/04, 69 FR 32277. 5-40-6930........................ Notification, 3/24/04 6/9/04, 69 FR 32277. records and reporting. 5-40-6940........................ Registration........ 3/24/04 6/9/04, 69 FR 32277. 5-40-6950........................ Facility and control 3/24/04 6/9/04, 69 FR 32277. equipment maintenance or malfunction. 5-40-6960........................ Permits............. 3/24/04 6/9/04, 69 FR 32277. ---------------------------------------------------------------------------------------------------------------- Article 48 Emission Standards for Mobile Equipment Repair and Refinishing Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area (Rule 4-48) ---------------------------------------------------------------------------------------------------------------- 5-40-6970........................ Applicability and 3/24/04 6/24/04, 69 FR 35253 designation of affected facility. 5-40-6980........................ Definitions......... 3/24/04 6/24/04, 69 FR 35253 5-40-6990........................ Standards for 3/24/04 6/24/04, 69 FR 35253 volatile organic compounds. 5-40-7000........................ Standard for visible 3/24/04 6/24/04, 69 FR 35253 emissions. 5-40-7010........................ Standard for 3/24/04 6/24/04, 69 FR 35253 fugitive dust/ emissions. 5-40-7040........................ Compliance.......... 3/24/04 6/24/04, 69 FR 35253 5-40-7050........................ Compliance schedule. 3/24/04 6/24/04, 69 FR 35253 5-40-7060........................ Test methods and 3/24/04 6/24/04, 69 FR 35253 procedures. 5-40-7070........................ Monitoring.......... 3/24/04 6/24/04, 69 FR 35253 5-40-7080........................ Notification, 3/24/04 6/24/04, 69 FR 35253 records and reporting. 5-40-7090........................ Registration........ 3/24/04 6/24/04, 69 FR 35253 5-40-7100........................ Facility and control 3/24/04 6/24/04, 69 FR 35253 equipment maintenance or malfunction. 5-40-7110........................ Permits............. 3/24/04 6/24/04, 69 FR 35253 ---------------------------------------------------------------------------------------------------------------- Article 49 Architectural and Industrial Maintenance Coatings (Rule 4-49) ---------------------------------------------------------------------------------------------------------------- 5-40-7120........................ Applicability and 3/24/04 5/12/05, 70 FR 24970 designation of affected facility. 5-40-7130........................ Definitions......... 3/24/04 5/12/05, 70 FR 24970 5-40-7140........................ Standard for 3/24/04 5/12/05, 70 FR 24970 volatile organic compounds. 5-40-7150........................ Container labeling 3/24/04 5/12/05, 70 FR 24970 requirements. 5-40-7160........................ Standard for visible 3/24/04 5/12/05, 70 FR 24970 emissions. 5-40-7170........................ Standard for 3/24/04 5/12/05, 70 FR 24970 fugitive dust/ emissions. 5-40-7200........................ Compliance.......... 3/24/04 5/12/05, 70 FR 24970 5-40-7210........................ Compliance schedules 3/24/04 5/12/05, 70 FR 24970 5-40-7220........................ Test methods and 3/24/04 5/12/05, 70 FR 24970 procedures. 5-40-7230........................ Notification, 3/24/04 5/12/05, 70 FR 24970 records and reporting. ---------------------------------------------------------------------------------------------------------------- Chapter 50 New and Modified Stationary Sources [Part V] ---------------------------------------------------------------------------------------------------------------- Part I Special Provisions ---------------------------------------------------------------------------------------------------------------- 5-50-10.......................... Applicability....... 8/1/02 3/15/04, 69 FR 12074 Revised paragraphs B and C, added paragraph F. 5-50-20.......................... Compliance.......... 8/1/02 3/15/04, 69 FR 12074 Added new paragraph A.2, renumbered paragraphs A.3 through A.5, and revised paragraph A.3; Added new paragraph G; revised paragraphs H, H.2, H.2a, H.3 and H.4; added new paragraph I. 5-50-30.......................... Performance testing. 8/1/02 3/15/04, 69 FR 12074 Revised paragraphs A and F.1; Note: Revisions to paragraph C are not included in SIP revision. 5-50-40.......................... Monitoring.......... 8/1/02 3/15/04, 69 FR 12074 Revised paragraphs C, and E.1 through E.8; Added new paragraph E.10. 5-50-50.......................... Notification, 8/1/02 3/15/04, 69 FR 12074 Revised paragraphs records and A.1 through A.4, C, reporting. C.1 through C.3, D, E and F. ---------------------------------------------------------------------------------------------------------------- Part II Emission Standards ---------------------------------------------------------------------------------------------------------------- Article 1 Standards of Performance for Visible Emissions and Fugitive Dust/Emissions (Rule 5-1) ---------------------------------------------------------------------------------------------------------------- 5-50-60.......................... Applicability and 4/17/95 4/21/00, 65 FR 21315 120-05-0101. designation of affected facility. 5-50-70.......................... Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-05-0102. 5-50-80.......................... Standard for visible 4/17/95, 4/21/00, 65 FR 21315 120-05-0103. emissions. 5-50-90.......................... Standard for 2/1/03 4/29/05, 70 FR 22263 fugitive dust/ emissions. 5-50-100......................... Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-05-0105. 5-50-110......................... Test methods and 4/17/95 4/21/00, 65 FR 21315 120-05-0106. procedures. 5-50-120......................... Waivers............. 2/1/03 4/29/05, 70 FR 22263 ---------------------------------------------------------------------------------------------------------------- Article 4 Standards of Performance for Stationary Sources (Rule 5-4) ---------------------------------------------------------------------------------------------------------------- 5-50-240......................... Applicability and 4/17/95 4/21/00, 65 FR 21315 120-05-0401. designation of affected facility. 5-50-250......................... Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-05-0402. 5-50-260......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-05-0403. stationary sources. 5-50-270......................... Standard for major 4/17/95 4/21/00, 65 FR 21315 120-05-0404. stationary sources (nonattainment areas). 5-50-280......................... Standard for major 4/17/95 4/21/00, 65 FR 21315 120-05-0405. stationary sources (prevention of significant deterioration areas). 5-50-290......................... Standard for visible 4/17/95 4/21/00, 65 FR 21315 120-05-0406. emissions. 5-50-300......................... Standard for 4/17/95 4/21/00, 65 FR 21315 120-05-0407. fugitive dust/ emissions. 5-50-330......................... Compliance.......... 4/17/95 4/21/00, 65 FR 21315 120-05-0410. 5-50-340......................... Test methods and 4/17/95 4/21/00, 65 FR 21315 120-05-0411. procedures. 5-50-350......................... Monitoring.......... 4/17/95 4/21/00, 65 FR 21315 120-05-0412. 5-50-360......................... Notification, 4/17/95 4/21/00, 65 FR 21315 120-05-0413. records and reporting. 5-50-370......................... Registration........ 4/17/95 4/21/00, 65 FR 21315 120-05-0414. 5-50-380......................... Facility and control 4/17/95 4/21/00, 65 FR 21315 120-05-0415. equipment maintenance or malfunction. 5-50-390......................... Permits............. 4/17/95 4/21/00, 65 FR 21315 120-05-0416. ---------------------------------------------------------------------------------------------------------------- Chapter 70 Air Pollution Episode Prevention [Part VII] ---------------------------------------------------------------------------------------------------------------- 5-70-10.......................... Applicability....... 4/17/95 4/21/00, 65 FR 21315 120-07-01. 5-70-20.......................... Definitions......... 4/17/95 4/21/00, 65 FR 21315 120-07-02. 5-70-30.......................... General............. 4/17/95 4/21/00, 65 FR 21315 120-07-03. 5-70-40.......................... Episode 4/1/99 10/19/00, 65 FR References to determination. 62626. ``TSP'' have been removed. 5-70-50.......................... Standby emission 4/17/95 4/21/00, 65 FR 21315 120-07-05. reduction plans. 5-70-60.......................... Control requirements 4/17/95 4/21/00, 65 FR 21315 120-07-06. 5-70-70.......................... Local air pollution 4/17/95 4/21/00, 65 FR 21315 120-07-07. control agency participation. ---------------------------------------------------------------------------------------------------------------- Chapter 80 Permits for Stationary Sources [Part VIII] ---------------------------------------------------------------------------------------------------------------- 5-80-10.......................... New and modified 4/17/95 4/21/00, 65 FR 21315 120-08-01. stationary sources. 10A.............................. Applicability....... 4/17/95 4/21/00, 65 FR 21315 01A. 10B.............................. Definitions......... 4/17/95 4/21/00, 65 FR 21315 01B. 10C (Exc.C.1.b).................. General............. 4/17/95 4/21/00, 65 FR 21315 01C. (Exc.C.1.b). 10D.............................. Applications........ 4/17/95 4/21/00, 65 FR 21315 01D. 10E.............................. Information required 4/17/95 4/21/00, 65 FR 21315 01E. 10F.............................. Action on permit 4/17/95 4/21/00, 65 FR 21315 01F. application. 10G.............................. Public participation 4/17/95 4/21/00, 65 FR 21315 01G.; Exceptions: 10.G.1 and .10G.4.b. VR120-08-01C.4.b., c............. Public 7/31/81; 5/4/82 47 FR 19134; See § Participation_publi recodified recodified 2/25/93, 52.2423(o). c hearing 2/1/85 58 FR 11373. requirements for major modifications. 10H.2. and 10H.3................. Standards for 4/17/95 4/21/00, 65 FR 21315 01H.2. and 01H.3. granting permits. 10I.1. and 10I.3................. Application review 4/17/95 4/21/00, 65 FR 21315 01I.1. and 01I.3. and analysis. 10J.............................. Compliance 4/17/95 4/21/00, 65 FR 21315 01J. determination and verification by performance testing. 10K.............................. Permit invalidation, 4/17/95 4/21/00, 65 FR 21315 01K. revocation and enforcement. 10L.............................. Existence of permit 4/17/95 4/21/00, 65 FR 21315 01L. no defense. 10M.............................. Compliance with 4/17/95 4/21/00, 65 FR 21315 01M. local zoning requirements. 10N.............................. Reactivation and 4/17/95 4/21/00, 65 FR 21315 01N. permanent shutdown. 10O.............................. Transfer of permits. 4/17/95 4/21/00, 65 FR 21315 01O. 10P.............................. Circumvention....... 4/17/95 4/21/00, 65 FR 21315 01P. 5-80-11.......................... Stationary source 7/1/97 4/21/00, 65 FR 21315 Appendix R. permit exemption levels. ---------------------------------------------------------------------------------------------------------------- Article 5 State Operating Permits ---------------------------------------------------------------------------------------------------------------- 5-80-800......................... Applicability....... 4/1/98 6/27/03, 68 FR 38191 5-80-810......................... Definitions......... 4/1/98 6/27/03, 68 FR 38191 5-80-820......................... General............. 4/1/98 6/27/03, 68 FR 38191 5-80-830......................... Applications........ 4/1/98 6/27/03, 68 FR 38191 5-80-840......................... Application 4/1/98 6/27/03, 68 FR 38191 information required. 5-80-850......................... Standards and 4/1/98 6/27/03, 68 FR 38191 conditions for granting permits. 5-80-860......................... Action on permit 4/1/98 6/27/03, 68 FR 38191 application. 5-80-870......................... Application review 4/1/98 6/27/03, 68 FR 38191 and analysis. 5-80-880......................... Compliance 4/1/98 6/27/03, 68 FR 38191 determination and verification by testing. 5-80-890......................... Monitoring 4/1/98 6/27/03, 68 FR 38191 requirements. 5-80-900......................... Reporting 4/1/98 6/27/03, 68 FR 38191 requirements. 5-80-910......................... Existence of permits 4/1/98 6/27/03, 68 FR 38191 no defense. 5-80-920......................... Circumvention....... 4/1/98 6/27/03, 68 FR 38191 5-80-930......................... Compliance with 4/1/98 6/27/03 68, FR 38191 local zoning requirements. 5-80-940......................... Transfer of permits. 4/1/98 6/27/03, 68 FR 38191 5-80-950......................... Termination of 4/1/98 6/27/03, 68 FR 38191 permits. 5-80-960......................... Changes to permits.. 4/1/98 6/27/03, 68 FR 38191 5-80-970......................... Administrative 4/1/98 6/27/03, 68 FR 38191 permit amendments. 5-80-980......................... Minor permit 4/1/98 6/27/03, 68 FR 38191 amendments. 5-80-990......................... Significant permit 4/1/98 6/27/03, 68 FR 38191 amendments. 5-80-1000........................ Reopening for cause. 4/1/98 6/27/03, 68 FR 38191 5-80-1010........................ Enforcement......... 4/1/98 6/27/03, 68 FR 38191 5-80-1020........................ Public participation 4/1/98 6/27/03, 68 FR 38191 5-80-1030........................ General permits..... 4/1/98 6/27/03, 68 FR 38191 5-80-1040........................ Review and 4/1/98 6/27/03, 68 FR 38191 evaluation of article. ---------------------------------------------------------------------------------------------------------------- Article 8 Permits-Major Stationary Sources and Major Modifications Located in Prevention of Significant Deterioration Areas ---------------------------------------------------------------------------------------------------------------- 5-80-1700........................ Applicability....... 1/1/97 3/23/98, 63 FR 13795 5-80-1710........................ Definitions......... 1/1/97 3/23/98, 63 FR 13795 5-80-1720........................ General............. 1/1/97 3/23/98, 63 FR 13795 5-80-1730........................ Ambient Air 1/1/97 3/23/98, 63 FR 13795 Increments. 5-80-1740........................ Ambient Air Ceilings 1/1/97 3/23/98, 63 FR 13795 5-80-1750........................ Applications........ 1/1/97 3/23/98, 63 FR 13795 5-80-1760........................ Compliance with 1/1/97 3/23/98, 63 FR 13795 Local Zoning Requirements. 5-80-1770........................ Compliance 1/1/97 3/23/98, 63 FR 13795 Determination and Verification by Performance Testing. 5-80-1780........................ Stack Heights....... 1/1/97 3/23/98, 63 FR 13795 5-80-1790........................ Review of Major 1/1/97 3/23/98, 63 FR 13795 Stationary Sources and Major Modifications_Sourc e Applicability and Exemptions. 5-80-1800........................ Control Technology 1/1/97 3/23/98, 63 FR 13795 Review. 5-80-1810........................ Source Impact 1/1/97 3/23/98, 63 FR 13795 Analysis. 5-80-1820........................ Air Quality Models.. 1/1/97 3/23/98, 63 FR 13795 5-80-1830........................ Air Quality Analysis 1/1/97 3/23/98, 63 FR 13795 5-80-1840........................ Source Information.. 1/1/97 3/23/98, 63 FR 13795 5-80-1850........................ Additional Impact 1/1/97 3/23/98, 63 FR 13795 Analyses. 5-80-1860........................ Sources Impacting 1/1/97 3/23/98, 63 FR 13795 Federal Class I Areas_Additional Requirements. 5-80-1870........................ Public Participation 1/1/97 3/23/98, 63 FR 13795 5-80-1880........................ Source Obligation... 1/1/97 3/23/98, 63 FR 13795 5-80-1890........................ Environmental Impact 1/1/97 3/23/98, 63 FR 13795 Statements. 5-80-1900........................ Disputed Permits.... 1/1/97 3/23/98, 63 FR 13795 5-80-1910........................ Interstate Pollution 1/1/97 3/23/98, 63 FR 13795 Abatement. 5-80-1920........................ Innovative Control 1/1/97 3/23/98, 63 FR 13795 Technology. 5-80-1930........................ Reactivation and 1/1/97 3/23/98, 63 FR 13795 Permanent Shutdown. 5-80-1940........................ Transfer of Permits. 1/1/97 3/23/98, 63 FR 13795 5-80-1950........................ Permit Invalidation, 1/1/97 3/23/98, 63 FR 13795 Revocation, and Enforcement. 5-80-1960........................ Circumvention....... 1/1/97 3/23/98, 63 FR 13795 5-80-1970........................ Review and 1/1/97 3/23/98, 63 FR 13795 Confirmation of this Chapter by Board. ---------------------------------------------------------------------------------------------------------------- Article 9 Permits_Major Stationary Sources and Major Modifications Located in Nonattainment Areas [120-08-03] ---------------------------------------------------------------------------------------------------------------- 5-80-2000........................ Applicability....... 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03A (9/21/99, 64 FR 99 51047). 5-80-2010........................ Definitions......... 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03B (9/21/99, 64 FR 99 51047). 5-80-2020........................ General............. 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03C (9/21/99, 64 FR 99 51047). 5-80-2030........................ Applications........ 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03D (9/21/99, 64 FR 99 51047). 5-80-2040........................ Information required 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03E (9/21/99, 64 FR 99 51047). 5-80-2050........................ Standards/conditions 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03F (9/21/99, 64 FR for granting 99 51047). permits.. 5-80-2060........................ Action on permit 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03G (9/21/99, 64 FR application. 99 51047). 5-80-2070........................ Public Participation 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03H (9/21/99, 64 FR 99 51047). 5-80-2080........................ Compliance 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03I (9/21/99, 64 FR determination and 99 51047). verification by performance testing. 5-80-2090........................ Application review 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03J (9/21/99, 64 FR and analysis. 99 51047). 5-80-2100........................ Circumvention....... 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03K (9/21/99, 64 FR 99 51047). 5-80-2110........................ Interstate pollution 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03L (9/21/99, 64 FR abatement. 99 51047). 5-80-2120........................ Offsets............. 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03M (9/21/99, 64 FR 99 51047). 5-80-2130........................ De minimis increases 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03N (9/21/99, 64 FR and stationary 99 51047). source modification alternatives for ozone nonattainment areas classified as serious or severe in 9 VAC 5-20-204. 5-80-2140........................ Exception........... 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03O (9/21/99, 64 FR 99 51047). 5-80-2150........................ Compliance with 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03P (9/21/99, 64 FR local zoning 99 51047). requirements. 5-80-2160........................ Reactivation and 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03Q (9/21/99, 64 FR Permit Shutdown. 99 51047). 5-80-2170........................ Transfer of Permits. 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03R (9/21/99, 64 FR 99 51047). 5-80-2180........................ Revocation of permit 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03S (9/21/99, 64 FR 99 51047). 5-80-2190........................ Existence of permit 1/1/93, 4/1/ 4/21/00, 65 FR 21315 .03T (9/21/99, 64 FR no defense. 99 51047). ---------------------------------------------------------------------------------------------------------------- Chapter 91 Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area ---------------------------------------------------------------------------------------------------------------- Part I Definitions ---------------------------------------------------------------------------------------------------------------- 5-91-10.......................... General............. 1/24/97 9/1/99, 64 FR 47670. 5-91-20.......................... Terms Defined....... 1/24/97 9/1/99, 64 FR 47670. Exception_``Northern Virginia program area'' does not include Fauquier County, Effective 1/ 1/98. ---------------------------------------------------------------------------------------------------------------- Part II General Provisions ---------------------------------------------------------------------------------------------------------------- 5-91-30.......................... Applicability and 1/24/97 9/1/99, 64 FR 47670. authority of the department. 5-91-40.......................... Establishment of 1/24/97 9/1/99, 64 FR 47670. Regulations and Orders. 5-91-50.......................... Documents 1/24/97 9/1/99, 64 FR 47670. Incorporated by Reference. 5-91-60.......................... Hearings and 1/24/97 9/1/99, 64 FR 47670. Proceedings. 5-91-70.......................... Appeal of Case 1/24/97 9/1/99, 64 FR 47670. Decisions. 5-91-80.......................... Variances........... 1/24/97 9/1/99, 64 FR 47670. 5-91-90.......................... Right of entry...... 1/24/97 9/1/99, 64 FR 47670. 5-91-100......................... Conditions on 1/24/97 9/1/99, 64 FR 47670. approvals. 5-91-110......................... Procedural 1/24/97 9/1/99, 64 FR 47670. information and guidance. 5-91-120......................... Export and import of 1/24/97 9/1/99, 64 FR 47670. motor vehicles. 5-91-130......................... Relationship of 1/24/97 9/1/99, 64 FR 47670. state regulations to federal regulations. 5-91-140......................... Delegation of 1/24/97 9/1/99, 64 FR 47670. authority. 5-91-150......................... Availability of 1/24/97 9/1/99, 64 FR 47670. information. ---------------------------------------------------------------------------------------------------------------- Part III Emission Standards for Motor Vehicle Air Pollution ---------------------------------------------------------------------------------------------------------------- 5-91-160......................... Exhaust emission 1/24/97 9/1/99, 64 FR 47670. standards for two- speed idle testing in enhanced emissions inspection programs. 5-91-170......................... Exhaust emission 1/24/97 9/1/99, 64 FR 47670. standards for ASM testing in enhanced emissions inspection programs. 5-91-180......................... Exhaust emission 1/24/97 9/1/99, 64 FR 47670. standards for on- road testing through remote sensing. 5-91-190......................... Emissions control 1/24/97 9/1/99, 64 FR 47670. systems standards. 5-91-200......................... Evaporative 1/24/97 9/1/99 64, FR 47670. emissions standards. 5-91-210......................... Visible emissions 1/24/97 9/1/99, 64 FR 47670. standards. ---------------------------------------------------------------------------------------------------------------- Part IV Permitting and Operation of Emissions Inspection Stations ---------------------------------------------------------------------------------------------------------------- 5-91-220......................... General provisions.. 1/24/97 9/1/99, 64 FR 47670. 5-91-230......................... Applications........ 1/24/97 9/1/99, 64 FR 47670. 5-91-240......................... Standards and 1/24/97 9/1/99, 64 FR 47670. conditions for permits. 5-91-250......................... Action on permit 1/27/97 9/1/99, 64 FR 47670. application. 5-91-260......................... Emissions inspection 1/24/97 9/1/99, 64 FR 47670. station permits, categories. 5-91-270......................... Permit renewals..... 1/24/97 9/1/99, 64 FR 47670. 5-91-280......................... Permit revocation, 1/24/97 9/1/99, 64 FR 47670. surrender of materials. 5-91-290......................... Emission inspection 1/24/97 9/1/99, 64 FR 47670. station operations. 5-91-300......................... Emissions inspection 1/24/97 9/1/99, 64 FR 47670. station records. 5-91-310......................... Sign and permit 1/24/97 9/1/99, 64 FR 47670. posting. 5-91-320......................... Equipment and 1/24/97 9/1/99, 64 FR 47670. facility requirements. 5-91-330......................... Analyzer system 1/24/97 9/1/99, 64 FR 47670. operation. 5-91-340......................... Motor vehicle 1/24/97 9/1/99, 64 FR 47670. inspection report; certificate of emission inspection. 5-91-350......................... Data media.......... 1/24/97 9/1/99, 64 FR 47670. 5-91-360......................... Inspector number and 1/24/97 9/1/99, 64 FR 47670. access code usage. 5-91-370......................... Fleet emissions 1/24/97 9/1/99, 64 FR 47670. inspection stations; mobile fleet emissions inspection stations. ---------------------------------------------------------------------------------------------------------------- Part V Emissions Inspector Testing and Licensing ---------------------------------------------------------------------------------------------------------------- 5-91-380......................... Emissions inspector 1/24/97 9/1/99, 64 FR 47670. licences and renewals. 5-91-390......................... Qualification 1/24/97 9/1/99, 64 FR 47670. requirements for emissions inspector licenses. 5-91-400......................... Conduct of emissions 1/24/97 9/1/99, 64 FR 47670. inspectors. ---------------------------------------------------------------------------------------------------------------- Part VI Inspection Procedures ---------------------------------------------------------------------------------------------------------------- 5-91-410......................... General............. 1/24/97 9/1/99, 64 FR 47670. 5-91-420......................... Inspection 1/24/97 9/1/99, 64 FR 47670. procedure; rejection, pass, fail, waiver. 5-91-430......................... ASM test procedure.. 1/24/97 9/1/99, 64 FR 47670. 5-91-440......................... Two-speed idle test 1/24/97 9/1/99, 64 FR 47670. procedure. 4-91-450......................... Fuel system 1/24/97 9/1/99, 64 FR 47670. evaporative pressure test and gas cap pressure test procedure. 4-91-460......................... Fuel system 1/24/97 9/1/99, 64 FR 47670. evaporative purge test procedure. 5-91-470......................... Short test standards 1/24/97 9/1/99, 64 FR 47670. for warranty eligibility. 5-91-480......................... Emissions related 1/24/97 9/1/99, 64 FR 47670. repairs. 5-91-490......................... Engine and fuel 1/24/97 9/1/99, 64 FR 47670. changes. ---------------------------------------------------------------------------------------------------------------- Part VII Vehicle Emissions Repair Facility Certification ---------------------------------------------------------------------------------------------------------------- 5-91-500......................... Applicability and 1/24/97 9/1/99, 64 FR 47670. Authority. 5-91-510......................... Certification 1/24/97 9/1/99, 64 FR 47670. Qualifications. 5-91-520......................... Expiration, 1/24/97 9/1/99, 64 FR 47670. reinstatement, renewal, and requalification. 5-91-530......................... Emissions repair 1/24/97 9/1/99, 64 FR 47670. facility operations. 5-91-540......................... Sign Posting........ 1/24/97 9/1/99, 64 FR 47670. ---------------------------------------------------------------------------------------------------------------- Part VIII Emissions Repair Technician Certification and Responsibilities ---------------------------------------------------------------------------------------------------------------- 5-91-550......................... Applicability and 1/24/97 9/1/99, 64 FR 47670. authority. 5-91-560......................... Certification 1/24/97 9/1/99, 64 FR 47670. qualifications for emissions repair technicians. 5-91-570......................... Expiration, 1/24/97 9/1/99, 64 FR 47670. reinstatement, renewal and requalification. 5-91-580......................... Certified emissions 1/24/97 9/1/99, 64 FR 47670. repair technician responsibilities. ---------------------------------------------------------------------------------------------------------------- Part IX Enforcement Procedures ---------------------------------------------------------------------------------------------------------------- 5-91-590......................... Enforcement of 4/2/97 9/1/99, 64 FR 47670. regulations, permits, licenses, certifications and orders. 5-91-600......................... General enforcement 4/2/97 9/1/99, 64 FR 47670. process. 5-91-610......................... Consent orders and 4/2/97 9/1/99, 64 FR 47670. penalties for violations. 5-91-620......................... Major violations.... 4/2/97 9/1/99, 64 FR 47670. 5-91-630......................... Minor violations.... 4/2/97 9/1/99, 64 FR 47670. ---------------------------------------------------------------------------------------------------------------- Part X Analyzer System Certification and Specifications for Enhanced Emissions Inspections Programs ---------------------------------------------------------------------------------------------------------------- 5-91-640......................... Applicability....... 1/24/97 9/1/99, 64 FR 47670. 5-91-650......................... Design goals........ 1/24/97 9/1/99, 64 FR 47670. 5-91-660......................... Warranty; service 1/24/97 9/1/99, 64 FR 47670. contract. 5-91-670......................... Owner provided 1/24/97 9/1/99, 64 FR 47670. services. 5-91-680......................... Certification of 1/24/97 9/1/99, 64 FR 47670. analyzer systems. 5-91-690......................... Span gases; gases 1/24/97 9/1/99, 64 FR 47670. for calibration purposes. 5-91-700......................... Calibration of 1/24/97 9/1/99, 64 FR 47670. exhaust gas analyzers. 5-91-710......................... Upgrade of analyzer 1/24/97 9/1/99, 64 FR 47670. system. ---------------------------------------------------------------------------------------------------------------- Part XI Manufacturer Recall ---------------------------------------------------------------------------------------------------------------- 5-91-720......................... Vehicle manufacturer 1/24/97 9/1/99, 64 FR 47670. recall. 5-91-730......................... Exemptions; 1/24/97 9/1/99, 64 FR 47670. temporary extensions. ---------------------------------------------------------------------------------------------------------------- Part XII On-Road Testing ---------------------------------------------------------------------------------------------------------------- 5-91-740......................... General Requirements 1/24/97 9/1/99, 64 FR 47670. 5-91-750......................... Operating 1/24/97 9/1/99, 64 FR 47670. Procedures; violation of standards. 5-91-760......................... Schedule of civil 1/24/97 9/1/99, 64 FR 47670. charges. ---------------------------------------------------------------------------------------------------------------- Part XIII Federal Facilities ---------------------------------------------------------------------------------------------------------------- 5-91-770......................... General requirements 1/24/97 9/1/99, 64 FR 47670. 5-91-780......................... Proof of compliance. 1/24/97 9/1/99, 64 FR 47670. ---------------------------------------------------------------------------------------------------------------- Part XIV ASM Exhaust Emission Standards ---------------------------------------------------------------------------------------------------------------- 5-91-790......................... ASM start-up 1/24/97 9/1/99, 64 FR 47670. standards. 5-91-800......................... ASM final standards. 1/24/97 9/1/99, 64 FR 47670. ---------------------------------------------------------------------------------------------------------------- Chapter 140 Regulation for Emissions Trading ---------------------------------------------------------------------------------------------------------------- Part I NOX Budget Trading Program ---------------------------------------------------------------------------------------------------------------- Article 1 NOX Budget Trading Program General Provisions ---------------------------------------------------------------------------------------------------------------- 5-140-10......................... Purpose............. 7/17/02 7/8/03, 68 FR 40520. 5-140-20......................... Definitions......... 7/17/02 7/8/03, 68 FR 40520. 5-140-30......................... Measurements, 7/17/02 7/8/03, 68 FR 40520. abbreviations, and acronyms. 5-140-31......................... Federal Regulations 7/17/02 7/8/03, 68 FR 40520. Incorporated by reference. 5-140-40......................... Applicability....... 7/17/02 7/8/03, 68 FR 40520. 5-140-50......................... Retired unit 7/17/02 7/8/03, 68 FR 40520. exemption. 5-140-60......................... Standard 7/17/02 7/8/03, 68 FR 40520. requirements. 5-140-70......................... Computation of time. 7/17/02 7/8/03, 68 FR 40520. ---------------------------------------------------------------------------------------------------------------- Article 2 NOX Authorized Account Representative for NOX Budget Sources ---------------------------------------------------------------------------------------------------------------- 5-140-100........................ Authorization and 7/17/02 7/8/03, 68 FR 40520. responsibilities of the NOX authorized account representative. 5-140-110........................ Alternate NOX 7/17/02 7/8/03, 68 FR 40520. authorized account representative. 5-140-120........................ Changing the NOX 7/17/02 7/8/03, 68 FR 40520. authorized account representative and alternate NOX authorized account representative; changes in the owners and operators. 5-140-130........................ Account certificate 7/17/02 7/8/03, 68 FR 40520. of representation. 5-140-140........................ Objections 7/17/02 7/8/03, 68 FR 40520. concerning the NOX authorized account representative. ---------------------------------------------------------------------------------------------------------------- Article 3 Permits ---------------------------------------------------------------------------------------------------------------- 5-140-200........................ General NOX Budget 7/17/02 7/8/03, 68 FR 40520. permit requirements. 5-140-210........................ Submission of NOX 7/17/02 7/8/03, 68 FR 40520. Budget permit applications. 5-140-220........................ Information 7/17/02 7/8/03, 68 FR 40520. requirements for NOX Budget permit applications. 5-140-230........................ NOX Budget permit 7/17/02 7/8/03, 68 FR 40520. contents. 5-140-240........................ Effective date of 7/17/02 7/8/03, 68 FR 40520. initial NOX Budget permit. 5-140-250........................ NOX Budget permit 7/17/02 7/8/03, 68 FR 40520. revisions. ---------------------------------------------------------------------------------------------------------------- Article 4 Compliance Certification ---------------------------------------------------------------------------------------------------------------- 5-140-300........................ Compliance 7/17/02 7/8/03, 68 FR 40520. certification report. 5-140-310........................ Permitting 7/17/02 7/8/03, 68 FR 40520. authority's and administrator's action on compliance certifications. ---------------------------------------------------------------------------------------------------------------- Article 5 NOX Allowance Allocations ---------------------------------------------------------------------------------------------------------------- 5-140-400........................ State trading 7/17/02 7/8/03, 68 FR 40520. program budget. 5-140-410........................ Timing requirements 7/17/02 7/8/03, 68 FR 40520. for NOX allowance allocations. 5-140-420........................ NOX allowance 7/17/02 7/8/03, 68 FR 40520. allocations. 5-140-430........................ Compliance 7/17/02 7/8/03, 68 FR 40520. Supplement Pool. ---------------------------------------------------------------------------------------------------------------- Article 6 NOX Allowance Tracking System ---------------------------------------------------------------------------------------------------------------- 5-140-500........................ NOX Allowance 7/17/02 7/8/03, 68 FR 40520. Tracking System accounts. 5-140-510........................ Establishment of 7/17/02 7/8/03, 68 FR 40520. accounts. 5-140-520........................ NOX Allowance 7/17/02 7/8/03, 68 FR 40520. Tracking System responsibilities of NOX authorized account representative. 5-140-530........................ Recordation of NOX 7/17/02 7/8/03, 68 FR 40520. allowance allocations. 5-140-540........................ Compliance.......... 7/17/02 7/8/03, 68 FR 40520. 5-140-550........................ Banking............. 3/24/04 8/25/04, 69 FR 52174 5-140-560........................ Account error....... 7/17/02 7/8/03, 68 FR 40520. 5-140-570........................ Closing of general 7/17/02 7/8/03, 68 FR 40520. accounts. ---------------------------------------------------------------------------------------------------------------- Article 7 NOX Allowance Transfers ---------------------------------------------------------------------------------------------------------------- 5-140-600........................ Scope and submission 7/17/02 7/8/03, 68 FR 40520. of NOX allowance transfers. 5-140-610........................ EPA recordation..... 7/17/02 7/8/03, 68 FR 40520. 5-140-620........................ Notification........ 7/17/02 7/8/03, 68 FR 40520. ---------------------------------------------------------------------------------------------------------------- Article 8 Monitoring and Reporting ---------------------------------------------------------------------------------------------------------------- 5-140-700........................ General Requirements 7/17/02 7/8/03, 68 FR 40520. 5-140-710........................ Initial 7/17/02 7/8/03, 68 FR 40520. certification and recertification procedures. 5-140-720........................ Out of control 7/17/02 7/8/03, 68 FR 40520. periods. 5-140-730........................ Notifications....... 7/17/02 7/8/03, 68 FR 40520. 5-140-740........................ Recordkeeping and 7/17/02 7/8/03, 68 FR 40520. reporting. 5-140-750........................ Petitions........... 7/17/02 7/8/03, 68 FR 40520. 5-140-760........................ Additional 7/17/02 7/8/03, 68 FR 40520. requirements to provide heat input data for allocation purposes. ---------------------------------------------------------------------------------------------------------------- Article 9 Individual Unit Opt-ins ---------------------------------------------------------------------------------------------------------------- 5-140-800........................ Applicability....... 7/17/02 7/8/03, 68 FR 40520. 5-140-810........................ General............. 7/17/02 7/8/03, 68 FR 40520. 5-140-820........................ NOX authorized 7/17/02 7/8/03, 68 FR 40520. account representative. 5-140-830........................ Applying for NOX 7/17/02 7/8/03, 68 FR 40520. Budget opt-in permit. 5-140-840........................ Opt-in process...... 7/17/02 7/8/03, 68 FR 40520. 5-140-850........................ NOX Budget opt-in 7/17/02 7/8/03, 68 FR 40520. permit contents. 5-140-860........................ Withdrawal from NOX 7/17/02 7/8/03, 68 FR 40520. Budget Trading Program. 5-140-870........................ Change in regulatory 7/17/02 7/8/03, 68 FR 40520. status. 5-140-880........................ NOX allowance 7/17/02 7/8/03, 68 FR 40520. allocations to opt- in units. ---------------------------------------------------------------------------------------------------------------- Article 10 State Trading Program Budget and Compliance Pool ---------------------------------------------------------------------------------------------------------------- 5-140-900........................ State trading 7/17/02 7/8/03, 68 FR 40520. program budget. 5-140-910........................ Compliance 7/17/02 7/8/03, 68 FR 40520. supplement pool budget. 5-140-920........................ Total electric 7/17/02 7/8/03, 68 FR 40520. generating unit allocations. 5-140-930........................ Total non-electric 7/17/02 7/8/03, 68 FR 40520. generating unit allocations. ---------------------------------------------------------------------------------------------------------------- Chapter 160 Regulation for General Conformity ---------------------------------------------------------------------------------------------------------------- Part I General Definitions ---------------------------------------------------------------------------------------------------------------- 5-160-10......................... General............. 1/1/98 1/7/03, 68 FR 663... 5-160-20......................... Terms Defined....... 1/1/97 10/21/97, 62 FR 54585. 5-160-20......................... Terms Defined....... 1/1/97 1/1/ 1/7/03, 68 FR 663... Terms revised- 98 Emergency Terms deleted- Administrative Process Act, Confidential information, Consent agreement, Consent order, Emergency special order, Formal hearing, Order, Party, Public hearing, Special order, Variance, Virginia Register Act. ---------------------------------------------------------------------------------------------------------------- Part II General Provisions ---------------------------------------------------------------------------------------------------------------- 5-160-30......................... Applicability....... 1/1/97 10/21/97, 62 FR 54585. 5-160-40......................... Authority of board 1/1/97 10/21/97, 62 FR and department. 54585. 5-160-80......................... Relationship of 1/1/97 10/21/97, 62 FR state regulations 54585. to federal regulations. ---------------------------------------------------------------------------------------------------------------- Part III Criteria and Procedures for Making Conformity Determinations ---------------------------------------------------------------------------------------------------------------- 5-160-110........................ General............. 1/1/97 10/21/97, 62 FR § 54585. 52.2465(c)(118). 5-160-120........................ Conformity analysis. 1/1/97 10/21/97, 62 FR 54585. 5-160-130........................ Reporting 1/1/97 10/21/97, 62 FR requirements. 54585. 5-160-140........................ Public participation 1/1/97 10/21/97, 62 FR 54585. 5-160-150........................ Frequency of 1/1/97 10/21/97, 62 FR conformity 54585. determinations. 5-160-160........................ Criteria for 1/1/97 10/21/97, 62 FR determining 54585. conformity. 5-160-170........................ Procedures for 1/1/97 10/21/97, 62 FR conformity 54585. determinations. 5-160-180........................ Mitigation of air 1/1/97 10/21/97, 62 FR quality impacts. 54585. 5-160-190........................ Savings provision... 1/1/97 10/21/97, 62 FR 54585. 5-160-200........................ Review and 1/1/97 10/21/97, 62 FR confirmation of 54585. this chapter by board. ---------------------------------------------------------------------------------------------------------------- Chapter 170 Regulation for General Administration ---------------------------------------------------------------------------------------------------------------- Part I Definitions ---------------------------------------------------------------------------------------------------------------- 5-170-10......................... Use of Terms........ 1/1/98 1/7/03, 68 FR 663... Split out from 9 VAC 5-10-10. 5-170-20......................... Terms Defined....... 1/1/98 1/7/03, 68 FR 663... Split out from 9 VAC 5-10-20 and 5-160- 20 Terms Added- Public hearing, Regulation of the Board Terms Revised from 4/17/95 version-Consent agreement, Consent order, Emergency special order, Order, Owner, Person, Pollutant, Special Order, Source. ---------------------------------------------------------------------------------------------------------------- Part II General Provisions ---------------------------------------------------------------------------------------------------------------- 5-170-30......................... Applicability....... 1/1/98 1/7/03, 68 FR 663... Split out from 9 VAC 5-20-10. 5-170-60......................... Availability of 1/1/98 1/7/03, 68 FR 663... Replaces 9 VAC 5-20- Information. 150 and 5-160-100. ---------------------------------------------------------------------------------------------------------------- Part V Enforcement ---------------------------------------------------------------------------------------------------------------- 5-170-120A.-C.................... Enforcement of 1/1/98 1/7/03, 68 FR 663... Replaces 9 VAC 5-20- Regulations, 30A.-D. and 5-160- Permits and Orders. 60. 5-170-130A....................... Right of Entry...... 1/1/98 1/7/03, 68 FR 663... Replaces 9 VAC 5-20- 100. ---------------------------------------------------------------------------------------------------------------- Part VI Board Actions ---------------------------------------------------------------------------------------------------------------- 5-170-150........................ Local Ordinances.... 1/1/98 1/7/03, 68 FR 663... Replaces 9 VAC 5-20- 60. 5-170-160........................ Conditions on 1/1/98 1/7/03, 68 FR 663... Replaces 9 VAC 5-20- Approvals. 110. 5-170-170........................ Considerations for 1/1/98 1/7/03, 68 FR 663... Replaces 9 VAC 5-20- Approval Actions. 140. ---------------------------------------------------------------------------------------------------------------- Chapter 200 National Low Emission Vehicle Program ---------------------------------------------------------------------------------------------------------------- 5-200-10......................... Definitions......... 4/14/99 12/28/99, 64 FR 72564. 5-200-20......................... Participation in 4/14/99 12/28/99, 64 FR national LEV. 72564. 5-200-30......................... Transition from 4/14/99 12/28/99, 64 FR national LEV 72564. requirements to a Virginia Sec. 177 program. ---------------------------------------------------------------------------------------------------------------- 2 VAC 5 Chapter 480 Regulation Governing the Oxygenation of Gasoline ---------------------------------------------------------------------------------------------------------------- 5-480-10......................... Definitions......... 11/1/93 1/7/03, 68 FR 663... VR115-04-28, § 1. 5-480-20......................... Applicability....... 11/1/96 2/17/00, 65 FR 8051. 5-480-30......................... Minimum oxygenate 11/1/93 1/7/03, 68 FR 663... VR115-04-28, § content. 3. 5-480-40......................... Nature of oxygenates 11/1/93 1/7/03, 68 FR 663... VR115-04-28, § 4. 5-480-50......................... Record keeping and 11/1/93 1/7/03, 68 FR 663... VR115-04-28, § transfer 5. requirements. 5-480-60......................... Gasoline pump 11/1/93 1/7/03, 68 FR 663... VR115-04-28, § labeling. 6. 5-480-70......................... Sampling, testing 11/1/93 1/7/03, 68 FR 663... VR115-04-28, § and oxygen content 7. calculations. 5-480-80......................... Compliance and 11/1/93 1/7/03, 68 FR 663... VR115-04-28, § enforcement. 8. ---------------------------------------------------------------------------------------------------------------- Code of Virginia ---------------------------------------------------------------------------------------------------------------- Section 10.1-1316.1A. Through D.. Severe ozone 7/1/04 12/29/04, 69 FR Provision authorizes nonattainment 77909. the Department of areas; fees. Environmental Quality (DEQ) to collect Federal penalty fees from major stationary sources if the nonattainment area does not attain the ozone standard by the statutory attainment date. ---------------------------------------------------------------------------------------------------------------- (d) EPA-Approved State Source Specific Requirements. EPA-Approved Source Specific Requirements ---------------------------------------------------------------------------------------------------------------- State Source name Permit/order or effective EPA approval date 40 CFR part 52 registration number date citation ---------------------------------------------------------------------------------------------------------------- Norfolk Naval Base-Exchange [NONE].............. 8/6/79 8/17/81, 46 FR 41499 52.2465(c)(41). Service Station. Reynolds Metal Co._Rolling Mill.. DSE-597-87.......... 9/30/87 8/20/90, 55 FR 33904 52.2465(c)(92). Aqualon (Hercules) Company....... 50363............... 9/26/90 11/1/91, 56 FR 56159 52.2465(c)(93). Nabisco Brands, Inc.............. DTE-179-91.......... 4/24/91 3/6/92, 57 FR 8080.. 52.2465(c)(95). Burlington Industries............ 30401............... 11/19/91 3/18/92, 57 FR 9388. 52.2465(c)(96). Reynolds Metals. Co._Bellwood.... DSE-413A-86......... 10/31/86 6/13/96, 61 FR 29963 52.2465(c)(110). Reynolds Metal Co._Richmond Foil DSE-412A-86......... 10/31/86 6/13/96, 61 FR 29963 52.2465(c)(110). Plant. Philip Morris, Inc._Blended Leaf 50080............... 2/27/86 10/14/97, 62 FR 52.2465(c)(120). Facility. 53277. Philip Morris, Inc._Park 500 50722............... 3/26/97 10/14/97, 62 FR 52.2465(c)(120). Facility. 53277. Philip Morris, Inc._Richmond 50076............... 7/13/96 10/14/97, 62 FR 52.2465(c)(120). Manufacturing Center. 53277. Virginia Electric and Power 50396............... 5/30/96 10/14/97, 62 FR 52.2465(c)(120). Co._Innsbrook Technical Center. 53277. Hercules, Inc._Aqualon Division. V-0163-96........... 7/12/96 10/14/97, 62 FR 52.2465(c)(120). 53277. City of Hopewell_Regional 50735............... 5/30/96 10/14/97, 62 FR 52.2465(c)(120). Wastewater Treatment Facility. 53277. Allied Signal, Inc._Hopewell 50232............... 3/26/97 10/14/97, 62 FR 52.2465(c)(121). Plant. 53277. Allied Signal, Inc._Chesterfield V-0114-96........... 5/20/96 10/14/97, 62 FR 52.2465(c)(121). Plant. 53277. Bear Island Paper Co. L.P........ V-0135-96........... 7/12/96 10/14/97, 62 FR 52.2465(c)(121). 53277. Stone Container Corp._Hopewell 50370............... 5/30/96 10/14/97, 62 FR 52.2465(c)(121). Mill. 53277. E.I. Dupont de Nemours and V-0117-96........... 5/30/96 10/14/97, 62 FR 52.2465(c)(121). Co._Spruance Plant. 53277. ICI Americas Inc._Films Division- 50418............... 5/30/96 10/14/97, 62 FR 52.2465(c)(121). Hopewell Site. 53277. Tuscarora, Inc................... 71814............... 6/5/96 1/22/99, 64 FR 3425. 52.2465(c)(128). Potomac Electric Power Company Registration No. 9/18/00 12/14/00, 65 FR 52.2420(d)(2). (PEPCO)_Potomac River Generation 70228; County-Plant 78100. Station [Permit to Operate]. No. 510-0003. Virginia Power (VP)_Possum Point Registration No. 9/26/00 12/14/00, 65 FR 52.2420(d)(2). Generating Station [Permit to 70225; County-Plant 78100. Operate]. No. 153-0002. Cellofoam North America, Registration No. 8/10/98 1/02/01, 66 FR 8.... 52.2420(d)(3). Inc._Falmouth Plant [Consent 40696 FSO-193-98. Agreement]. CNG Transmission Registration No. 5/22/00 1/02/01, 66 FR 8.... 52.2420(d)(3). Corporation_Leesburg Compressor 71978 County-Plant Station [Permit to Operate]. No. 107-0101. Columbia Gas Transmission Registration No. 5/23/00 1/02/01, 66 FR 8.... 52.2420(d)(3). Company_Loudoun County 72265 County-Plant Compressor Station [Permit to No. 107-0125. Operate]. District of Columbia's Department Registration NO. 12/10/99 1/02/01, 66 FR 8.... 52.2420(d)(3). of Corrections_Lorton 70028 County-Plant Correctional Facility [Permit to No. 0059-0024. Operate]. Michigan Cogeneration Systems, Registration No. 5/10/00 1/02/01, 66 FR 8.... 52.2420(d)(3). Inc._Fairfax County I-95 71961 County-Plant Landfill [Permit to Operate]. No. 0059-0575. Metropolitan Washington Airports Registration No. 5/22/00 1/02/01, 66 FR 8.... 52.2420(d)(3). Authority_Ronald Reagan 70005 County-Plant Washington National Airport No. 0013-0015. [Permit to Operate]. Norman M. Cole, Jr., Pollution Registration No. 12/13/99 1/02/01, 66 FR 8.... 52.2420(d)(3). Control Plant [Consent 70714. Agreement]. Ogden Martin Systems of Registration No. 7/31/98 1/02/01, 66 FR 8.... 52.2420(d)(3). Alexandria/Arlington, Inc. 71895 NVRO-041-98. [Consent Agreement]. Ogden Martin Systems of Fairfax, Registration No. 4/3/98 1/02/01, 66 FR 8.... 52.2420(d)(3). Inc. [Consent Agreement]. 71920. U.S. Department of Registration No. 5/17/00 1/02/01, 66 FR 8.... 52.2420(d)(3). Defense_Pentagon Reservation 70030 County-Plant [Permit to Operate]. No. 0013-0188. Potomac Electric Power Company Registration No. 7/31/98 1/02/01, 66 FR 8.... 52.2420(d)(3) NOX (PEPCO)_Potomac River Generating 70228 NVRO-106-98. RACT requirements. Station [Consent Agreement]. Potomac Electric Power Company Registration No. 5/8/00 1/02/01, 66 FR 8.... 52.2420(d)(3) VOC (PEPCO)_Potomac River Generating 70228; County Plant RACT requirements. Station. No. 510-0003. United States Marine Registration No. 5/24/00 1/02/01, 66 FR 8.... 52.2420(d)(3). Corps._Quantico Base [Permit to 70267 County-Plant Operate]. No. 153-0010. Transcontinental Gas Pipeline Registration No. 9/5/96 1/02/01, 66 FR 8.... 52.2420(d)(3). Corporation_Compressor Station 71598. No. 185 [Consent Agreement]. U.S. Army Garrison at Fort Registration No. 5/16/00 1/02/01, 66 FR 8.... 52.2420(d)(3). Belvoir [Permit to Operate]. 70550 County-Plant No. 059-0018. Virginia Power (VP)_Possum Point Registration No. 7/21/00 1/02/01, 66 FR 8.... 52.2420(d)(3). Generating Station [Permit 70225 County-Plant containing NOX RACT No. 153-0002. requirements]. Virginia Electric and Power Registration No. 6/12/95 1/02/01, 66 FR 8.... 52.2420(d)(3). Company_Possum Point Generating 70225. Station [Consent Agreement containing VOC RACT requirements]. Washington Gas Light Registration No. 4/3/98 1/02/01, 66 FR 8.... 52.2420(d)(3). Company_Springfield Operations 70151 NVRO-031-98. Center [Consent Agreement]. Georgia Pacific_Jarratt Softboard Registration No. 9/28/98 3/26/03, 68 FR 14542 40 CFR Plant. 50253. 52.2420(d)(4); Note: In Section E, Provision 1, the portion of the text which reads ``* * *and during periods of start-up, shutdown, and malfunction.'' is not part of the SIP. Prince William County Landfill... Registraton No. 4/16/04 9/9/04, 69 FR 54581. 52.2420(d)(5). 72340. Washington Gas Company, Registration No. 4/16/04, 8/ 10/06/2004, 69 FR 52.2420(d)(6). Ravensworth Station. 72277. 11/04 59812. Central Intelligence Agency Registration No. 4/16/04 12/13/04, 69 FR 52.2420(d)(6). (CIA), George Bush Center for 71757. 72115. Intelligence. National Reconnaissance Office, Registration No. 4/16/04 12/13/04, 69 FR 52.2420(d)(6). Boeing Service Center. 71988. 72115. Roanoke Electric Steel Corp...... Registration No. 12/22/04 4/27/05, 70 FR 21621 52.2420(d)(7). 20131. Roanoke Cement Company........... Registraton No. 12/22/04 4/27/05, 70 FR 21621 52.2420(d)(7). 20232. Norfolk Southern Railway Registration No. 12/22/04 4/27/05 70 Fr 21621. 52.2420(d)(7). Company_East End Shops. 20468. Global Stone Chemstone Registration No. 02/09/05 4/27/05 70 FR 21621. 52.2420(d)(7). Corporation. 80504. ---------------------------------------------------------------------------------------------------------------- (e) EPA-approved nonregulatory and quasi-regulatory material. ---------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP Applicable submittal EPA approval date Additional revision geographic area date explanation ---------------------------------------------------------------------------------------------------------------- Commitment Letter-Clean fuel Northern Virginia 1/25/93 9/23/93 58 FR 50846. 52.2423(j). fleet or alternative substitute Ozone nonattainment program. Area. Documents Incorporated by Statewide........... 4/12/89 8/23/95, 60 FR 43714 52.2423(m). Reference. Documents Incorporated by Statewide........... 2/12/93 8/23/95, 60 FR 43714 52.2423(n). Reference. 9 VAC 5-60-100 (adopts 40 CFR Statewide........... 10/9/98 11/3/99, 64 FR 59648 52.2423(q). 63.460 through 63.469 by reference). Documents Incorporated by Statewide........... 6/22/99 1/7/03, 68 FR 663... 52.2423(r). Reference (9 VAC 5-20-21, Section E). Documents Incorporated by Statewide........... 2/23/04 6/8/04, 69 FR 31893. 52.2423(s). Reference (9 VAC 5-20-21, paragraph E.12). Documents Incorporated by Northern Virginia 3/24/04 5/12/05, 70 FR 24970 9 VAC 5-20-21, Reference. VOC Emissions Sections Control Area E.1.a.(7)., designated in 9 VAC E.4.a.(12) through 5-20-206. a.(17), E.10., E.11., E.13.a.(1), and E.13.a.(2). Motor vehicle emissions budgets.. Hampton Roads Ozone 8/29/96 6/26/97, 62 FR 34408 52.2424(a). Maintenance Area. Motor vehicle emissions budgets.. Richmond Ozone 7/30/96 11/17/97, 62 FR 52.2424(b). Maintenance Area. 61237. 1990 Base Year Emissions Metropolitan 11/1/93 1/30/96, 61 FR 2931. 52.2425(a). Inventory-Carbon Monoxide (CO). Washington Area. 4/3/95 10/12/95 1990 Base Year Emissions Richmond-Petersburg, 11/11/92 9/16/96, 61 FR 48657 52.2425(b). Inventory-Carbon Monoxide (CO), Norfolk, Virginia 11/18/92 oxides of nitrogen (NOX), & Beach, and Smyth 11/1/93 volatile organic compounds (VOC). County Ozone Area. 12/15/94 1990 Base Year Emissions Northern Virginia 11/30/92 9/16/96, 61 FR 54656 52.2425(c). Inventory-Carbon Monoxide (CO), (Metropolitan 11/1/93 oxides of nitrogen (NOX), & Washington) Ozone 4/3/95 volatile organic compounds (VOC). Nonattainment Area. 1990 Base Year Emissions Northern Virginia 12/17/97 7/8/98, 63 FR 36854. 52.2425(d). Inventory-oxides of nitrogen (Metropolitan (NOX), & volatile organic Washington) Ozone compounds (VOC). Nonattainment Area. Photochemical Assessment Northern Virginia 11/15/94 9/11/95, 60 FR 47081 52.2426. Monitoring Stations (PAMS) (Metropolitan Program. Washington) Ozone Nonattainment Area. Attainment determination of the Richmond Ozone 7/26/96 10/6/97, 62 FR 52029 52.2428(a). ozone NAAQS. Nonattainment Area. 15% rate of progress plan........ Northern Virginia 4/14/98 10/6/00, 65 FR 59727 52.2428(b). (Metropolitan Washington) Ozone Nonattainment Area. Small business stationary source Statewide........... 11/10/92 2/14/94, 59 FR 5327. 52.2460. technical and environmental assistance program. Establishment of Air Quality Statewide........... 3/24/80 12/5/80, 45 FR 86530 52.2465(c)(38). Monitoring Network. Lead (Pb) SIP.................... Statewide........... 12/31/80 3/21/82, 45 FR 8566. 52.2465(c)(61). Carbon Monoxide Maintenance Plan. Arlington County and 10/4/95 1/30/96, 61 FR 2931. 52.2465(c)(107) Alexandria City. 3/22/04 4/4/05, 70 FR 16958. Revised Carbon Monoxide Maintenance Plan Base Year Emissions Inventory using MOBILE6. Ozone Maintenance Plan, emissions Hampton Roads Area.. 8/27/96 6/26/97, 62 FR 34408 52.2465(c)(117). inventory & contingency measures. Ozone Maintenance Plan, emissions Richmond Area....... 7/26/96 11/17/97, 62 FR 52.2465(c)(119). inventory & contingency 61237. measures. Non-Regulatory Voluntary Emission Washington, DC 2/25/04 5/12/05, 70 FR 24987 The nonregulatory Reduction Program. severe 1-hour ozone measures found in nonattainment area. section 7.6 and Appendix J of the plan. 1996-1999 Rate-of-Progress Plan Washington 1-hour 12/29/03, 5/ 5/13/05............. Only the TCMs in SIP and the Transportation ozone nonattainment 25/99 70 FR 25688......... Appendix H of the 5/ Control Measures (TCMs) in area. 25/1999 revision, Appendix H. 1999 motor vehicle emissions budgets of 128.5 tons per day (tpy) of VOC and 196.4 tpy of NOX. 1990 Base Year Inventory Washington 1-hour 8/19/03, 2/ 5/13/05,70 FR 25688. .................... Revisions. ozone nonattainment 25/04 area. 1999-2005 Rate-of-Progress Plan Washington 1-hour 8/19/03, 5/13/05............. Only the TCMs in SIP Revision and the ozone nonattainment 2/25/04 70 FR 25688......... Appendix J of the 2/ Transportation Control Measures area. 25/2004 the (TCMs) in Appendix J. revision, 2002 motor vehicle emissions budgets (MVEBs) of 125.2 tons per day (tpy) for VOC and 290.3 tpy of NOX, and, 2005 MVEBs of 97.4 tpy for VOC and 234.7 tpy of NOX. VMT Offset SIP Revision.......... Washington 1-hour 8/19/03, 5/13/05, 70 FR 25688 ozone nonattainment 2/25/04 area. Contingency Measure Plan......... Washington 1-hour 8/19/03, 5/13/05, 70 FR 25688 ozone nonattainment 2/25/04 area. 1-hour Ozone Modeled Washington 1-hour 8/19/03, 5/13/05, 70 FR 25688 2005 motor vehicle Demonstration of Attainment and ozone nonattainment 2/25/04 emissions budgets Attainment Plan. area. of 97.4 tons per day (tpy) for VOC and 234.7 tpy of NOX. Attainment Demonstration and Botetourt County, 12/21/04, 8/17/05, 70 FR 48277 Early Action Plan for the Roanoke City, 2/15/05 Roanoke MSA Ozone Early Action Roanoke County, and Compact Area. Salem City. Attainment Demonstration and City of Winchester 12/20/04, 8/17/05, 70 FR 48280 Early Action Plan for the and Frederick 02/15/05 Northern Shenandoah Valley Ozone County. Early Action Compact Area. 8-Hour Ozone Maintenance Plan for City of 5/4/05 12/23/05, 70 FR the Fredericksburg VA Area. Fredericksburg, 76165. Spotsylvania County, and Stafford County. 8-Hour Ozone Maintenance Plan for Madison County 9/23/05 1/3/06, 71 FR 24.... the Madison & Page Cos. (part) and Page (Shenandoah NP), VA Area. County (part). ---------------------------------------------------------------------------------------------------------------- [69 FR 54218, Sept. 8, 2004, as amended at 69 FR 48152, Aug. 9, 2004; 69 FR 53778, Sept. 2, 2004; 69 FR 54581, Sept. 9, 2004; 69 FR 59815, Oct. 6, 2004; 69 FR 72117, Dec. 13, 2004; 69 FR 77902, 77911, Dec. 29, 2004; 70 FR 16964, Apr. 4, 2005; 70 FR 21624, 21627, Apr. 27, 2005; 70 FR 22265, Apr. 29, 2005; 70 FR 24978, 24991, May 12, 2005; 70 FR 25718, May 13, 2005; 70 FR 28217, May 17, 2005; 70 FR 35381, June 20, 2005; 70 FR 48280, 48282, Aug. 17, 2005; 70 FR 66770, Nov. 3, 2005; 70 FR 76167, Dec. 23, 2005; 71 FR 26, Jan. 3, 2006; 71 FR 10844, Mar. 3, 2006] § 52.2421 Classification of regions. top The Virginia plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Eastern Tennessee-Southwestern Virginia Interstate... I I III III III Valley of Virginia Intrastate........................ I III III III III Central Virginia Intrastate.......................... I III III III III Northeastern Virginia Intrastate..................... IA III III III III State Capital Intrastate............................. I III III III I Hampton Roads Intrastate............................. I II III III I National Capital Interstate.......................... I I III I I ---------------------------------------------------------------------------------------------------------------- [37 FR 15090, July 27, 1972, as amended at 39 FR 16347, May 8, 1974] § 52.2422 [Reserved] top § 52.2423 Approval status. top (a) With the exceptions set forth in this subpart, the Administrator approves Virginia's plan for the attainment and maintenance of the national standards. The State included a provision dealing with open burning in its submittal of August 10, 1973.This provision was included for information purposes only and was not to be considered a part of the plan to implement national standards. Accordingly, this additional provision is not considered a part of the applicable plan. (b)–(c) [Reserved] (d) The portion of the January 11, 1979 SIP submittal pertaining to Smyth County is not approved, pending a possible redesignation of the area to attainment status. (e) The requirements of §51.22 are not met with respect to section 4.55(b) of the Virginia regulations, because the regulation is not adequately enforceable. Therefore, section 4.55(b) is disapproved. (f) Section 9 VAC 5–40–20.A.3. of the Virginia Regulations for the Control and Abatement of Air Pollution is not considered part of the applicable plan because it contradicts a previously approved section of the SIP. (g) Section 4.31(d)(3) of Part IV of the Virginia Regulations for the Control and Abatement of Air Pollution is not considered part of the applicable plan because the substitute criteria, listed in section 4.31(d)(3), contain inherent variations in quality control which do not present an accurate representation of collection efficiency. (h) In an April 19, 1991 request submitted by the Virginia Department of Air Pollution Control, the source-specific emission limitation for James River Paper which EPA had approved on August 18, 1983 is deleted. James River Paper Co. (now known as Custom Papers Group—Richmond, Inc.) located in Richmond, Virginia is now required to comply with the applicable Virginia SIP paper coating regulation. (i) Pursuant to an October 31, 1991 request submitted by the Virginia Department of Air Pollution Control, the source-specific Alternate Control Program (bubble) for J.W. Fergusson & Sons, Inc. which EPA had approved on March 4, 1983, is removed from the plan. J.W. Fergusson & Sons, Inc. located in Richmond, Virginia is required to comply with the Virginia SIP graphic arts RACT regulation approved by EPA on January 25, 1984 (see 40 CFR 52.2420(c)(48) and (c)(74)). (j) Letter of January 25, 1993, from the Commonwealth of Virginia transmitting a commitment to adopt either the Federal clean fuel fleet program or an alternative substitute program by May 15, 1994. (k) The maintenance plan SIP revision, and request to redesignate the Richmond moderate ozone nonattainment area to attainment were submitted on November 12, 1992, by the Department of Environmental Quality. These requests are disapproved because review of the 1993 ambient air quality data monitored during the 1993 ozone season indicated that a violation of the ozone NAAQS occurred at the Charles City monitor in the Richmond nonattainment area . Because of the registered violation during the 1993 ozone season, the underlying basis of the Commonwealth's November 12, 1992, maintenance plan's demonstration is no longer valid. (l) [Reserved] (m) EPA approves as part of the Virginia State Implementation Plan the documents listed in Appendix M, Sections II.A. through II.E and Section II.G. of the Virginia Regulations for the Control and Abatement of Air Pollution submitted by the Virginia Department of Air Pollution Control on April 12, 1989. (n) EPA approves as part of the Virginia State Implementation Plan the revised references to the documents listed in Appendix M, Sections II.A. and II.B. of the Virginia Regulations for the Control and Abatement of Air Pollution submitted by the Virginia Department of Air Pollution Control on February 12, 1993. (o) EPA approves the revised confidentiality of information provisions of Sections 120–02–30, submitted by the Virginia Department of Air Pollution Control on March 18, 1993, as revisions to the Virginia SIP. However, should Virginia submit a SIP revision request on behalf of a source, which contains information that has been judged confidential under the provisions of Section 120–02–30, Virginia must request EPA to consider confidentiality according to the provisions of 40 CFR part 2. EPA is obligated to keep such information confidential only if the criteria of 40 CFR part 2 are met. (p) EPA disapproves the revised public participation provisions of Sections 120–08–01G.1 and 120–08–01G.4.b, submitted by the Virginia Department of Air Pollution Control on March 29, 1993, as revisions to the Virginia SIP. These revised provisions do not meet the requirements of 40 CFR 51.160 and 51.161. In its place, EPA retains the SIP provisions of Section 120–08–01C.1.a and 01C.4.b through d. as originally approved at §§52.2420(c)(69) [SIP section 2.33(a)(5)(ii)] and subsequently revised, due to format changes, at §§52.2420(c)(89)(i)(B)(7) [SIP section 120–08–01C.4.b]. (q) EPA approves as part of the Virginia State Implementation Plan the following revisions to the Virginia Regulations for the Control and Abatement of Pollution submitted by the Virginia Department of Environmental Quality on October 9, 1998: (1) Subpart T of 9 VAC 5–60–100 Designated emission standards of Rule 6–2 (9 VAC 5–60–90 et seq.) of 9 VAC 5 Chapter 60 amended to adopt 40 CFR 63.460 through 63.469 by reference. This amendment was adopted on January 8, 1997, published in the Virginia Register of Regulations on March 31, 1997 and effective on May 1, 1997. (2) Revised date reference to 40 CFR part 63 (July 1, 1996) contained in 9 VAC 5–60–90 (General), as it pertains to the documents listed in 9 VAC 5–60–100, Subpart T. (r) EPA approves as part of the Virginia State Implementation Plan the revised references to the documents listed in Chapter 20, Section 9 VAC 5–20–21 (formerly Appendix M), Sections E.4.a.(1), E.4.a.(2), and E.7.a.(1) through E.7.a.(3), of the Virginia Regulations for the Control and Abatement of Air Pollution submitted by the Virginia Department of Environmental Quality on June 22, 1999. (s) EPA approves as part of the Virginia State Implementation Plan the references to the documents listed in 9 VAC 5 Chapter 20, Section 5–20–21, paragraph E.12 of the Virginia Regulations for the Control and Abatement of Air Pollution submitted by the Virginia Department of Environmental Quality on February 23, 2004. [38 FR 33724, Dec. 6, 1973, as amended at 39 FR 41254, Nov. 26, 1974; 45 FR 85749, Dec. 30, 1980; 46 FR 22583, Apr. 20, 1981; 57 FR 3011, Jan. 27, 1992; 57 FR 27182, June 18, 1992; 58 FR 11377, Feb. 25, 1993; 58 FR 50848, Sept. 29, 1993; 59 FR 22758, May 3, 1994; 60 FR 43717, Aug. 23, 1995; 61 FR 16062, Apr. 11, 1996; 61 FR 38390, July 24, 1996; 64 FR 59638, Nov. 3, 1999; 65 FR 41594, July 6, 2000; 68 FR 670, Jan. 7, 2003; 69 FR 31897, June 8, 2004] § 52.2424 Motor vehicle emissions budgets. top (a) Motor vehicle emissions budget for the Hampton Roads maintenance area adjusting the mobile emissions budget contained in the maintenance plan for the horizon years 2015 and beyond adopted on August 29, 1996 and submitted by the Virginia Department of Environmental Quality on August 29, 1996. (b) Motor vehicle emissions budget for the Richmond maintenance area adjusting the mobile emissions budget contained in the maintenance plan for the horizon years 2015 and beyond adopted on July 30, 1996 and submitted by the Virginia Department of Environmental Quality on July 30, 1996. [62 FR 34412, June 26, 1997, as amended at 62 FR 61240, Nov. 17, 1997] § 52.2425 1990 Base Year Emission Inventory. top (a) EPA approves as a revision to the Virginia Implementation Plan the 1990 base year emission inventory for the Washington Metropolitan Statistical Area, submitted by Director, Virginia Department of Environmental Quality, on November 1, 1993, April 3, 1995 and October 12, 1995. This submittal consists of the 1990 base year stationary, area and off-road mobile and on-road mobile emission inventories in the Washington Statistical Area for the pollutant, carbon monoxide (CO). (b) EPA approves as a revision to the Virginia State Implementation Plan the 1990 base year emission inventories for the Richmond-Petersburg, Norfolk-Virginia Beach, and Smyth County ozone nonattainment areas submitted by the Director, Virginia Department of Environmental Quality on November 11, 1992, November 18, 1992, November 1, 1993, and December 15, 1994. These submittals consist of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories in each area for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX). (c) EPA approves as a revision to the Virginia State Implementation Plan the 1990 base year emission inventories for the Northern Virginia ozone nonattainment areas submitted by the Director, Virginia Department Environmental Quality, on November 30, 1992, November 1, 1993, and April 3, 1995. These submittals consist of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories in each area for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX). (d) EPA approves as a revision to the Virginia State Implementation Plan amendments to the 1990 base year emission inventories for the Northern Virginia ozone nonattainment area submitted by the Director, Virginia Department Environmental Quality, on December 17, 1997. This submittal consists of amendments to the 1990 base year point, area, non-road mobile, and on-road mobile source emission inventories for the following pollutants: volatile organic compounds (VOC), and oxides of nitrogen (NOX). [61 FR 2937, Jan. 30, 1996, as amended at 61 FR 48632, 48635, Sept. 16, 1996; 63 FR 36858, July 8, 1998] § 52.2426 Photochemical Assessment Monitoring Stations (PAMS) Program. top On November 23, 1994 Virginia's Department of Environmental Quality submitted a plan for the establishment and implementation of a Photochemical Assessment Monitoring Stations (PAMS) Program as a state implementation plan (SIP) revision, as required by section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and made it part of the Virginia SIP. As with all components of the SIP, Virginia must implement the program as submitted and approved by EPA. [60 FR 47084, Sept. 11, 1995] § 52.2427 Source surveillance. top (a)–(b) [Reserved] (c) The requirements of §51.213 of this chapter are not met because the plan does not provide procedures for determining actual emission reductions achieved as a result of implementing the proposed transportation control measures. Rectifying provisions are promulgated in this section. (d) Monitoring transportation sources. (1) This section is applicable to the Commonwealth of Virginia. (2) In order to assure the effectiveness of the inspection and maintenance program approved in §52.2423 and required by §52.2441, and the retrofit devices required under §§52.2444, 52.2445, 52.2446, and 52.2447 the Commonwealth shall monitor the actual per-vehicle emissions reductions occurring as a result of such measures. All data obtained from such monitoring shall be included in the quarterly report submitted to the Administrator by the Commonwealth of Virginia in accordance with §58.35 of this chapter. The first quarterly report shall cover the period January 1 to March 31, 1976. (3) In order to assure the effective implementation of the car pool locator, express bus lanes, increased bus fleet and service, elimination of free on-street commuter parking, elimination of free employee parking, and the parking surcharge approved in §52.2423, the Commonwealth shall monitor vehicle miles traveled and average vehicle speeds for each area in which such sections are in effect and during such time periods as may be appropriate to evaluate the effectiveness of such a program. All data obtained from such monitoring shall be included in the quarterly report submitted to the Administrator by the Commonwealth of Virginia in accordance with §58.35 of this chapter. The first quarterly report shall cover the period from July 1 to September 30, 1974. The vehicle miles traveled and vehicle speed data shall be collected on a monthly basis and submitted in a format similar to Table 1. Table 1 Time period Affected area ------------------------------------------------------------------------ VMT or average vehicle speed ----------------------------------- Roadway type Vehicle type Vehicle type (2) (1) \1\ ------------------------------------------------------------------------ Freeway............................. Arterial............................ Collector........................... Local............................... ------------------------------------------------------------------------ \1\ Continue with other vehicle types as appropriate. (4) No later than March 1, 1974, the Commonwealth shall submit to the Administrator a compliance schedule to implement this section. The program description shall include the following: (i) The agency or agencies responsible for conducting, overseeing, and maintaining the monitoring program. (ii) The administrative procedures to be used. (iii) A description of the methods to be used to collect the emission data, VMT data, and vehicle speed data; a description of the geographical area to which the data apply; identification of the location at which the data will be collected; and the time periods during which the data will be collected. [37 FR 10898, May 31, 1972, as amended at 37 FR 15091, July 27, 1972; 38 FR 16568, June 22, 1973; 38 FR 33724, Dec. 6, 1973; 44 FR 27571, May 10, 1979; 51 FR 40677, Nov. 7, 1986] § 52.2428 Control Strategy: Carbon monoxide and ozone. top (a) Determination—EPA has determined that, as of November 5, 1997, the Richmond ozone nonattainment area, which consists of the counties of Chesterfield, Hanover, Henrico, and part of Charles City County, and of the cities of Richmonds, Colonial Heights and Hopewell, has attained the 1-hour .12 ppm ozone standard based on three years of air quality data for 1993, 1994 and 1995. EPA has further determined that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the Richmond area for so long as the area does not monitor any violations of the 1-hour .12ppm ozone standard, or until the area is no longer designated nonattainment. If a violation of the ozone NAAQS is monitored in the Richmond ozone nonattainment area while the area is designated nonattainment, these determinations shall no longer apply. (b) EPA approves the Commonwealth's 15 Percent Rate of Progress Plan for the Virginia portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Acting Director of the Virginia Department of the Environmental Quality on April 14, 1998. (c)–(d) [Reserved] [62 FR 52032, Oct. 6, 1997, as amended at 65 FR 59731, Oct. 6, 2000; 66 FR 632, Jan. 3, 2001; 69 FR 43522, July 21, 2004] §§ 52.2429-52.2432 [Reserved] top § 52.2433 Intergovernmental cooperation. top (a) The requirements of Subpart M of this chapter are not met because the plan does not adequately identify the State and local agencies, and their responsibilities, involved in carrying out the proposed transportation control measures. [38 FR 16569, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986] §§ 52.2434-52.2435 [Reserved] top § 52.2436 Rules and regulations. top (a) [Reserved] (b) The requirements of §51.281 are not met with respect to Section 4.55 (b) of the Virginia regulations, because the regulation is not adequately enforceable. Therefore, Section 4.55(b) is disapproved. [38 FR 33725, Dec. 6, 1973, as amended at 45 FR 55197, Aug. 19, 1980; 51 FR 40677, Nov. 7, 1986; 61 FR 16063, Apr. 11, 1996] §§ 52.2437-52.2449 [Reserved] top § 52.2450 Conditional approval. top (a) Virginia's September 28, 1994 SIP submittal of a Consent Order and Agreement (Order) between the Department of Environmental Quality of the Commonwealth of Virginia and Philip Morris, Inc. establishing reasonably available control technology (RACT) for the Manufacturing Center located in Richmond, Virginia is conditionally approved based on certain contingencies. The condition for approval is to revise and resubmit the Order as a SIP revision within one year of September 29, 1995 according to one of the following: Eliminate the exemption to use non-ethanol-based flavorings in lieu of add-on controls; restrict the applicability of the exemption to the use of non-VOC based flavorings; or impose monitoring and reporting requirements sufficient to determine net increases or decreases in emissions on a mass basis relative to the emissions that would have occurred using add-on controls on an average not to exceed thirty days. (b) Virginia's severe ozone nonattainment area SIP for the Metropolitan Washington area, which includes the 1996–1999 portion of the rate-of-progress plan submitted on December 19, 1997 and May 25, 1999 and the transportation control measures in Appendix H of the May 25, 1999 submittal, and the severe ozone attainment demonstration submitted on April 29, 1998, August 18, 1998, February 9, 2000, and section 9.1.1.2 of the March 22, 2000 submittal and the transportation control measures in Appendix J of the February 9, 2000 submittal, is conditionally approved contingent on Virginia submitting a revised SIP by April 17, 2004 that satisfies certain conditions. This conditional approval also establishes motor vehicle emissions budgets for 2005 of 101.8 tons per day of volatile organic compounds (VOC) and 161.8 tons per day of nitrogen oxides (NOX) to be used in transportation conformity in the Metropolitan Washington, DC serious ozone nonattainment area until revised budgets based upon the MOBILE6 model are submitted and found adequate. Virginia must submit a revised SIP by April 17, 2004 that satisfies the following conditions. (1) Revises the 1996–1999 portion of the severe area ROP plan to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented should EPA determine that the Washington area failed to achieve the required 9 percent rate-of-progress reductions by November 15, 1999. (2) Revises the 1999–2005 portion of the severe area rate-of-progress plan to provide MOBILE6-based mobile source emission budgets and adopted measures sufficient to achieve emission reductions of ozone precursors of at least 3 percent per year from November 15, 1999 to the November 15, 2005 severe ozone attainment date. (3) Revises the severe area ROP plan to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented should EPA determine that the Washington area failed to achieve the ROP reductions required for the post-1999 period. (4) Revises the Washington area severe attainment demonstration to include a contingency plan containing those adopted measures that qualify as contingency measures to be implemented for the failure of the Washington area to attain the one-hour ozone standard for serious areas by November 15, 1999. (5) Revises the Washington area severe attainment demonstration to reflect revised MOBILE6-based motor vehicle emissions budgets, including revisions to the attainment modeling/weight of evidence demonstration and adopted control measures, as necessary, to show that the SIP continues to demonstrate attainment by November 15, 2005. (6) Revises the Washington area severe attainment demonstration to include a contingency plan containing those measures to be implemented if the Washington area does not attain the one-hour ozone standard by November 15, 2005. (7) Revises the Washington area severe attainment demonstration to include a revised RACM analysis and any revisions to the attainment demonstration including adopted control measures, as necessitated by such analysis. (8) Revises the major stationary source threshold to 25 tons per year. (9) Revises Reasonably Available Control Technology (RACT) rules to include the lower major source applicability threshold. (10) Revises new source review offset requirement to require an offset ratio of at least 1.3 to 1. (11) Includes a fee requirement for major sources of volatile organic compounds (VOC) and nitrogen oxides (NOX) should the area fail to attain by November 15, 2005. (12) Includes a revision that identifies and adopts specific enforceable transportation control strategies and transportation control measures to offset any growth in emissions from growth in vehicle miles traveled or number of vehicle trips and to attain reductions in motor vehicle emissions as necessary, in combination with other emission reduction requirements in the Washington area, to comply with the rate-of-progress requirements for severe areas. Measures specified in section 108(f) of the Clean Air Act will be considered and implemented as necessary to demonstrate attainment. (c)–(f) [Reserved] [60 FR 45056, Aug. 30, 1995, as amended at 62 FR 26748, May 15, 1997; 62 FR 34007, June 24, 1997; 62 FR 49152, Sept. 19, 1997; 63 FR 1368, Jan. 9, 1998; 64 FR 22792, Apr. 28, 1999; 64 FR 47674, Sept. 1, 1999; 65 FR 59732, Oct. 6, 2000; 66 FR 16, Jan. 2, 2001; 68 FR 19132, Apr. 17, 2003; 68 FR 40527, July 8, 2003; 69 FR 52176, Aug. 25, 2004] Effective Date Note: At 69 FR 19937, Apr. 15, 2004, in §52.2450, paragraph (b) was stayed indefinitely. § 52.2451 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are met since the plan includes approvable procedures for the Prevention of Significant Air Quality Deterioration. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 (b) through (w) are hereby removed from the applicable state plan for the Commonwealth of Virginia. [63 FR 13798, Mar. 23, 1998] § 52.2452 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring. The provisions of §52.26 are hereby incorporated and made a part of the applicable plan for the State of Virginia. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of Virginia. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987] § 52.2453 Requirements for state implementation plan revisions relating to new motor vehicles. top Virginia must comply with the requirements of §51.120 with respect to the portion of Virginia that in 1990 was located in the Consolidated Metropolitan Statistical Area containing the District of Columbia. [60 FR 4738, Jan. 24, 1995] § 52.2454 Prevention of significant deterioration of air quality for Merck & Co., Inc.'s Stonewall Plant in Elkton, VA. top (a) Applicability. (1) This section applies only to the pharmaceutical manufacturing facility, commonly referred to as the Stonewall Plant, located at Route 340 South, in Elkton, Virginia (“site”). (2) This section sets forth the prevention of significant deterioration of air quality preconstruction review requirements for the following pollutants only: carbon monoxide, nitrogen oxides, ozone (using volatile organic compounds as surrogate), particulate matter with an aerodynamic diameter less than 10 microns (PM10), and sulfur dioxide. This section applies in lieu of §52.21 for the pollutants identified in this paragraph as well as particulate matter, but not for particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 microns (PM2.5) regulated as PM2.5; however, the preconstruction review requirements of §52.21, or other preconstruction review requirements that the Administrator approves as part of the plan, shall remain in effect for any pollutant which is not specifically identified in this paragraph and is subject to regulation under the Act. (b) Definitions. For the purposes of this section: 12-month rolling total for an individual pollutant or the total criteria pollutants, as specified in paragraph (d) of this section, is calculated on a monthly basis as the sum of all actual emissions of the respective pollutant(s) from the previous 12 months. Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et seq. Completion of the powerhouse conversion means the date upon which the new boilers, installed pursuant to paragraph (g) of this section, are operational. This determination shall be made by the site based on the boiler manufacturer's installation, startup and shakedown specifications. Permitting authority means either of the following: (1) The Administrator, in the case of an EPA-implemented program; or (2) The State air pollution control agency, or other agency delegated by the Administrator, pursuant to paragraph (o) of this section, to carry out this permit program. Process unit means: (1) Manufacturing equipment assembled to produce a single intermediate or final product; and (2) Any combustion device. Responsible official means: (1) The president, secretary, treasurer, or vice-president of the business entity in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the business entity; or (2) A duly authorized representative of such business entity if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The authority to sign documents has been assigned or delegated to such representative in accordance with procedures of the business entity. Site means the contiguous property at Route 340 South, Elkton, Virginia, under common control by Merck & Co., Inc., and its successors in ownership, known as the Stonewall site. (c) Authority to issue permit. The permitting authority may issue to the site a permit which complies with the requirements of paragraphs (d) through (n) of this section. The Administrator may delegate, in whole or in part, pursuant to paragraph (o) of this section, the authority to administer the requirements of this section to a State air pollution control agency, or other agency authorized by the Administrator. (d) Site-wide emissions caps. The permit shall establish site-wide emissions caps as provided in this paragraph. (1) Initial site-wide emissions caps. The initial site-wide emissions caps shall be based on the site's actual emissions during a time period, within five years of the date of permit issuance, which represents normal site operation. The permitting authority may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual site-wide emissions shall be calculated using the actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (i) Total criteria pollutant emissions cap. The permit shall establish a total criteria pollutant emissions cap (total emissions cap). The criteria pollutants included in the total emissions cap are the following: carbon monoxide, nitrogen oxides, ozone (using volatile organic compounds as surrogate), particulate matter with an aerodynamic diameter less than 10 microns, and sulfur dioxide. (ii) Individual pollutant caps. The permit shall establish individual pollutant caps for sulfur dioxide, nitrogen oxides and PM10. (2) Adjustments to the site-wide emissions caps. (i) The permit shall require that upon completion of the powerhouse conversion, the site shall reduce the site-wide emissions caps as follows: (A) The total emissions cap shall be reduced by 20 percent from the initial site-wide emissions cap established pursuant to paragraph (d)(1)(i) of this section. (B) The sulfur dioxide cap shall be reduced by 25 percent from the initial site-wide emissions cap established pursuant to paragraph (d)(1)(ii) of this section. (C) The nitrogen oxide cap shall be reduced by 10 percent from the initial site-wide emissions cap established pursuant to paragraph (d)(1)(ii) of this section. (ii) The permit may specify other reasons for adjustment of the site-wide emissions caps. (e) Operating under the site-wide emissions caps. (1) The permit shall require that the site's actual emissions of criteria pollutants shall not exceed the total emissions cap established pursuant to paragraph (d) of this section. (2) The permit shall require that the site's actual emissions of sulfur dioxide, nitrogen oxides and PM10 shall not exceed the respective individual pollutant cap established pursuant to paragraph (d) of this section. (3) Compliance with the total emissions cap and individual pollutant caps shall be determined by comparing the respective cap to the 12-month rolling total for that cap. Compliance with the total emissions cap and individual pollutant caps shall be determined within one month of the end of each month based on the prior 12 months. The permit shall set forth the emission calculation techniques which the site shall use to calculate site-wide actual criteria pollutant emissions. (4) Installation of controls for significant modifications and significant new installations. (i) This paragraph applies to significant modifications and significant new installations. Significant modifications for the purposes of this section are defined as changes to an existing process unit that result in an increase of the potential emissions of the process unit, after consideration of existing controls, of more than the significance levels listed in paragraph (e)(4)(ii) of this section. Significant new installations for the purposes of this section are defined as new process units with potential emissions before controls that exceed the significance levels listed in paragraph (e)(4)(ii) of this section. For purposes of this section, potential emissions means process unit point source emissions that would be generated by the process unit operating at its maximum capacity. (ii) The significance levels for determining significant modifications and significant new installations are: 100 tons per year of carbon monoxide; 40 tons per year of nitrogen oxides; 40 tons per year of sulfur dioxide; 40 tons per year of volatile organic compounds; and 15 tons per year of PM10. (iii) For any significant modification or significant new installation, the permit shall require that the site install, at the process unit, emission controls, pollution prevention or other technology that represents good environmental engineering practice in the pharmaceutical or batch processing industry, based on the emission characteristics (such as flow, variability, pollutant properties) of the process unit. (f) Operation of control equipment. The permit shall require that the site shall continue to operate the emissions control equipment that was previously subject to permit requirements at the time of issuance of a permit pursuant to this section. This equipment shall be operated in a manner which minimizes emissions, considering the technical and physical operational aspects of the equipment and associated processes. This operation shall include an operation and maintenance program based on manufacturers' specifications and good engineering practice. (g) Powerhouse conversion. The permit shall require that the site convert the steam-generating powerhouse from burning coal as the primary fuel to burning natural gas as the primary fuel and either No. 2 fuel oil or propane as backup fuel. (1) The new boilers shall be equipped with low nitrogen oxides technology. (2) The site shall complete the powerhouse conversion (completion of the powerhouse conversion) no later than 30 months after the effective date of the permit. (h) Monitoring, recordkeeping and reporting. (1) The permit shall set forth monitoring, recordkeeping, and reporting requirements sufficient to demonstrate compliance with the site-wide emissions caps. The monitoring, recordkeeping and reporting requirements shall be structured in a tiered system, such that the requirements become more stringent as the site's emissions approach the total emissions cap. (2) At a minimum, the permit shall require that the site submit to the permitting authority semi-annual reports of the site-wide criteria pollutant emissions (expressed as a 12-month rolling total) for each month covered by the report. These reports shall include a calculation of the total emissions cap, as well as, the emissions of sulfur dioxide, nitrogen oxides, carbon monoxide, volatile organic compounds and PM10. (3) Any reports required by the permit to be submitted on an annual or semi-annual basis shall contain a certification by the site's responsible official that to his belief, based on reasonable inquiry, the information submitted in the report is true, accurate, and complete. (4) Any records required by the permit shall be retained on site for at least five years. (i) Air quality analysis. The permittee shall demonstrate, prior to permit issuance and on a periodic basis which shall be specified in the permit, that emissions from construction or operation of the site will not cause or contribute to air pollution in excess of any: (1) Maximum allowable increase or maximum allowable concentration for any pollutant, pursuant to section 165 of the Act; (2) National ambient air quality standard or; (3) Other applicable emission standard or standard of performance under the Act. (j) Termination. (1) The permit may be terminated as provided in this paragraph for reasons which shall include the following, as well as any other termination provisions specified in the permit: (i) If the Administrator or the permitting authority determines that continuation of the permit is an imminent and substantial endangerment to public health or welfare, or the environment; (ii) If the permittee knowingly falsifies emissions data; (iii) If the permittee fails to implement the powerhouse conversion pursuant to paragraph (g) of this section; (iv) If the permittee receives four consent orders or two judgments adverse to the site arising from non-compliance with this permit in a five year period that are deemed material by the Administrator or the permitting authority; or (v) If the total emissions cap is exceeded. (2) In the event of termination, the Administrator or the permitting authority shall provide the permittee with written notice of its intent to terminate the permit. Within 30 calendar days of the site's receipt of this notice, the site may take corrective action to remedy the cause of the termination. If this remedy, which may include a corrective action plan and schedule, is deemed acceptable by the Administrator or the permitting authority (whichever agency provided written notice of its intent to terminate the permit), the action to terminate the permit shall be withdrawn. Otherwise, the permit shall be terminated in accordance with procedures specified in the permit. (3) Termination of the permit does not waive the site's obligation to complete any corrective actions relating to non-compliance under the permit. (k) Inspection and entry. (1) Upon presentation of credentials and other documents as may be required by law, the site shall allow authorized representatives of the Administrator and the permitting authority to perform the following: (i) Enter upon the site; (ii) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; (iii) Have access at reasonable times to batch and other plant records needed to verify emissions. (iv) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations required under the permit; (v) Sample or monitor any substances or parameters at any location, during operating hours, for the purpose of assuring permit compliance or as otherwise authorized by the Act. (2) No person shall obstruct, hamper, or interfere with any such authorized representative while in the process of carrying out his official duties. Refusal of entry or access may constitute grounds for permit violation and assessment of civil penalties. (3) Such site, facility and equipment access, and sampling and monitoring shall be subject to the site's safety and industrial hygiene procedures, and Food and Drug Administration Good Manufacturing Practice requirements (21 CFR parts 210 and 211) in force at the site. (l) Transfer of ownership. The terms of the permit are transferable to a new owner upon sale of the site, in accordance with provisions specified by the permit. (m) Permit issuance. The permitting authority shall provide for public participation prior to issuing a permit pursuant to this section. At a minimum, the permitting authority shall: (1) Make available for public inspection, in at least one location in the area of the site, the information submitted by the permittee, the permitting authority's analysis of the effect on air quality including the preliminary determination, and a copy or summary of any other materials considered in making the preliminary determination; (2) Notify the public, by advertisement in a newspaper of general circulation in the area of the site, of the application, the preliminary determination, and of the opportunity for comment at a public hearing as well as written public comment; (3) Provide a 30-day period for submittal of public comment; (4) Send a copy of the notice of public comment to the following: the Administrator, through the appropriate Regional Office; any other State or local air pollution control agencies, the chief executives of the city and county where the site is located; any State, Federal Land Manager, or other governing body whose lands may be affected by emissions from the site. (5) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the site, the control technology required, and other appropriate considerations. (n) Permit modifications. The permit shall specify the conditions under which the permit may be modified by the permitting authority. The permitting authority shall modify the permit in accordance with the procedures set forth in this paragraph. (1) Permit modifications that require public participation. For any change that does not meet the criteria for an administrative permit modification established in paragraph (n)(2)(i) of this section, the permitting authority shall provide an opportunity for public participation, consistent with the provisions of paragraph (m) of this section, prior to processing the permit modification. (2) Administrative permit modification. (i) An administrative permit modification is a permit revision that: (A) Corrects typographical errors; (B) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the site; (C) Requires more frequent monitoring, recordkeeping, or reporting by the permittee; (D) Allows for a change in ownership or operational control of a source where the permitting authority determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the permitting authority. (E) Updates the emission calculation methods specified in the permit, provided that the change does not also involve a change to any site-wide emissions cap. (F) Changes the monitoring, recordkeeping or reporting requirements for equipment that has been shutdown or is no longer in service. (G) Any other change that is stipulated in the permit as qualifying as an administrative permit modification, provided that the permit condition which includes such stipulation has already undergone public participation in accordance with paragraph (m) of this section. (ii) An administrative permit modification may be made by the permitting authority consistent with the following procedures: (A) The permitting authority shall take final action on any request for an administrative permit modification within 60 days from receipt of the request, and may incorporate such changes without providing notice to the public, provided that the permitting authority designates any such permit revisions as having been made pursuant to this paragraph. (B) The permitting authority shall submit a copy of the revised permit to the Administrator. (C) The site may implement the changes addressed in the request for an administrative permit modification immediately upon submittal of the request to the permitting authority. (o) Delegation of authority. (1) The Administrator shall have the authority to delegate the responsibility to implement this section in accordance with the provisions of this paragraph. (2) Where the Administrator delegates the responsibility for implementing this section to any agency other than a Regional Office of the Environmental Protection Agency, the following provisions shall apply: (i) Where the delegate agency is not an air pollution control agency, it shall consult with the appropriate State and local air pollution control agency prior to making any determination under this section. Similarly, where the delegate agency does not have continuing responsibility for managing land use, it shall consult with the appropriate State and local agency primarily responsible for managing land use prior to making any determination under this section. (ii) The delegate agency shall send a copy of any public comment notice required under paragraph (n) of this section to the Administrator through the appropriate Regional Office. [62 FR 52638, Oct. 8, 1997] § 52.2460 Small business stationary source technical and environmental compliance assistance program. top On November 10, 1992, the Executive Director of the Virginia Department of Air Pollution Control submitted a plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program as a State Implementation Plan revision, as required by title V of the Clean Air Act. EPA approved the Small Business Stationary Source Technical and Environmental Compliance Assistance Program on February 4, 1994, and made it a part of the Virginia SIP. As with all components of the SIP, Virginia must implement the program as submitted and approved by EPA. [59 FR 5329, Feb. 4, 1994] § 52.2465 Original identification of plan section. top (a) This section identifies the original “Air Implementation Plan for the State of Virginia” and all revisions submitted by Virginia that were federally approved prior to March 1, 2000. (b) The plan was officially submitted on January 30, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Miscellaneous non-regulatory additions and errata to the plan submitted on May 4, 1972, by the Virginia Air Pollution Control Board. (2) Revisions to control strategy for particulate matter, section IV, Rules 3 and 7 of the Virginia Air Pollution Control Regulations, and public availability of emission data regulation submitted June 30, 1972, by the Governor. (3) Revisions to nitrogen dioxide control strategy regulations section 705.05 of the Virginia Air Pollution Control Regulations, submitted July 26, 1972, by the Governor. (4) Miscellaneous non-regulatory additions to the plan submitted on February 14, 1973, by the Governor. (5) Transportation control plan for National Capital AQCR submitted April 11, 1973, by the Governor. (6) Amendments to the National Capital AQCR Transportation Control Plan submitted on May 30, 1973, by the Governor. (7) Amendments to the National Capital AQCR Transportation Control Plan submitted on July 11, 1973, by the Governor. (8) Amendments to the National Capital AQCR Transportation Control Plan submitted on July 9, 1973, by the Governor. (9) Miscellaneous non-regulatory additions to the plan submitted on August 10, 1973, by the Governor. (10) Revision to plan setting forth control strategy for particulate matter in the State Capital AQCR submitted August 20, 1973, by the Governor. (11) Indirect Source Review plan was submitted December 6, 1973, by the State Air Pollution Control Board. (12) Revisions to air quality standards for sulfur oxides section 3.703 of the Commonwealth of Virginia's Regulations for the Control and Abatement of Air Pollution, submitted February 12, 1974, by the Virginia Air Pollution Control Board. (13) AQMA designations were submitted on May 7, 1974 by the Governor of the State of Virginia. (14) Revision deleting preface to the State air pollution control regulations submitted May 24, 1974 by the Virginia Air Pollution Control Board. (15) An amendment to Section 2.05(a) (Variances) former Section 2.01(f) of the Commonwealth of Virginia Regulations for the Control and Abatement to Air Pollution submitted on August 14, 1975 by the Commonwealth Secretary of Commerce and Resources. (16) A variance to allow the operation of the Alexandria City Incinerator in excess of the federally approved particulate emission limitations for incinerators until December 31, 1979, by the Commonwealth Secretary of Commerce and Resources. (17) Amendment to section 7.02 (Episode Determination) [former sections 6.01(b), 6.701(b)] of the Commonwealth of Virginia for the Control and Abatement of Air Pollution submitted on January 29, 1976, by the Secretary of Commerce and Resources. (18) Amendment to sections 7.01 (General) [former section 6.700] and 7.02 (Episode Determination) [former section 6.701(b)] of the Commonwealth of Virginia Regulations for the Control and Abatement of Air Pollution submitted on March 11, 1977, by the Secretary of Commerce and Resources. (19) Amendments to Part I, Subpart 1.01 (Certain Terms Defined) and to Part IV, Section 4.52 (former Section 4.705.13) of the Commonwealth of Virginia Regulations for the Control and Abatement of Air Pollution submitted on April 16, 1974, by the Commonwealth Secretary for Commerce and Resources. (20) Amendments to Part I (Definitions), Sections 1.01 and 1.02; amendments to Part II (General), Sections 2.01, 2.03, 2.04, 2.07, 2.08, 2.10, 2.12, 2.30, and 2.31; amendments to Part III (Ambient Air Quality Standards), Sections 3.01, 3.03 [sections 3.03(b)(1) and 3.03(b)(2) are deleted] 3.04, 3.05, 3.06, 3.07 and deletion of Section 3.08; amendments to Part IV (Existing Sources), Sections 4.01, 4.20, 4.40, 4.41, 4.51(b) through 4.51(g), 4.70, 4.71, 4.80–4.86, 4.90–4.92, and 4.100–4.102 and deletion of Section 4.07.02; amendments to Part VII (Air Pollution Episode), Sections 7.01, 7.02, and 7.05; and amendments to Appendices A, B, C (former Appendix A), D, E [former Section 4.08.04], G, H, and I submitted on August 14, 1975 by the Secretary of Commerce and Resources. (21) Deletion of former Section 4.703.04 (Bacharach Standard) submitted on June 16, 1976 by the Secretary of Commerce and Resources. (22) Amendments to Part I (Definitions), Section 1.01, submitted on October 20, 1976 by the Secretary of Commerce and Resources. (23) Amendment to Section 10–17.21 of the Virginia Air Pollution Control Law submitted August 1975 by the Commonwealth. (24) Amendment to subsection 4.52(e) (former section 4.705.03) of the Virginia regulations for the control and abatement of air pollution; submitted on April 16, 1974, as amended June 16, 1976, by the secretary of commerce and resources. (25) A variance issued to the Spruance, Virginia plant of E.I. DuPont de Nemours and Company exempting one of their boilers from Rule EX–3 until December 31, 1980, submitted on December 13, 1978 by the Secretary of Commerce and Resources. (26) On November 28, 1977 the State submitted an amendment to the Virginia SIP consisting of a permit extension and an emission offset for the Hampton Roads Energy Company's proposed refinery and terminal in Portsmouth, Virginia. This submittal was supplemented by the Commonwealth on March 17, 1978, May 26, 1978, August 9, 1978, and October 5, 1979. The March 17th submittal included a letter dated March 6, 1978 from the Commission of the Virginia Department of Highways and Transportation committing to a reduction of nonmethane hydrocarbon emissions through the substitution of emulsion-based asphalt for solvent-based asphalt thus providing the needed emission offset. This letter is an addendum to the Virginia SIP. The State-issued permit to HREC, as amended, is also made part of the Virginia SIP. (27) On January 11, 1979, the Governor submitted the nonattainment area plans for Virginia with respect to ozone and carbon monoxide. (28) The following portions of Virginia's September 6, September 21, and December 17, 1979, submittals are approved: (i) September 6, 1979, submittal: Section 2.33(g)(1)(vi) of the regulation. (ii) September 21, 1979, submittal, the following Sections of Virginia's regulations: Sections 4.57(b)(2)(ii); 4.55(f)(4)(i); 4.56(e); 4.52(a); 2.03(a)(1); 2.33(f)(3); Part I of the regulations, the definitions of “Delayed Compliance Order” and “Nonattainment Area;” Sections 4.02(f)(1) through 4.02(f)(5); Appendix N; and those portions of Sections 4.54, 4.55 and 4.56 where the phrase “will be considered acceptable compliance by the Board” has been modified. (iii) December 17, 1979, submittal: Chapter 3, Control Strategy Demonstration, design value for Northern Virginia. (29) The following portions of Virginia's August 14, 1975, August 31, 1977, and January 11, 1979, submittals as they relate to Section 2.33 are approved: (i) August 14, 1975, submittal: Section 2.33 (b) and (i). (ii) August 31, 1977, submittal: Section 2.33(h). (iii) January 11, 1979, submittal: Section 2.33 (a), (c), (d), (e), (f), (g) and (k). (30) Amendments of Part I (Definitions), section 1.02; Part II (General Provisions). Sections 2.02 (a), (c), and (e) (former section 2.11 (a), (b), and (d)), section 2.05(b), section 2.11; and Part IV (Regulations for Existing sources), sections 4.10, 4.11, and 4.13 deletion of the following regulations from Part IV: Former sections 4.03.02, 4.05.03, 4.05.04, 4.05.05(b), 4.10.03, 4.705.04, and 4.705.05 submitted on August 14, 1975 by the Secretary of Commerce and Resources. (31) Amendments on Part I (Definitions), section 1.02; Part III (Ambient Air Quality Standards), section 3.02(c); Part IV (Special Provisions), section 4.02(a), (a)(1), (a)(2), (b), (c), and (d) (Formerly section 2.04) and section 4.03; and Part VII (Air Pollution Episode), sections 7.04 (a), (b), (d), and (e) submitted on October 20, 1976 by the Secretary of Commerce and Resources. (32) Amendments of Part II, (General Provisions), section 2.02(b) submitted on March 11, 1977, by the Secretary of Commerce and Resources. (33) Amendments on Part II, (General Provisions), section 2.02(d) submitted on September 20, 1978, by the Secretary of Commerce and Resources. (34) Amendments to Part II (General Provisions), section 2.06 (b) and (c); and Part VII (Air Pollution Episode), section 7.03(d); and deletion of Part IV (Existing Sources), Rule EX–7, section 4.07.05 submitted on August 14, 1975, by the Secretary of Commerce and Resources. (35) Amendments to Part I (Definitions), section 1.02; Part II (General Provisions), section 2.06 (a) and (d); Part III (Ambient Air Quality Standards), section 3.02 (a) and (b); Part IV (Existing Sources), sections 4.20, 4.21, 4.23 (formerly sections 4.41), 4.25, 4.26, 4.27, and 4.51(a), Part VII (Air Pollution Episode), former section 4.51(b) through (g) are changed to section 4.51 (c) through (h). Sections 7.01(b) and 7.02 (a), (b), and (d); and Appendix A; and, deletion of former sections 4.20, 4.21, and 4.22 submitted on September 20, 1978 by the Secretary of Commerce and Resources. (36) Amendments to Part VII (Air Pollution Episode), sections 7.03 (c) and (e) and 7.04(c); and deletion of Part II (General Provisions), section 2.04(a)(2) as submitted on March 11, 1977 by the Secretary of Commerce and Resources. (37) Amendments to Part I (Definitions), section 1.02; Part IV (Existing Sources), Rule EX–2, section 4.22; and Part VII (Air Pollution Episode), section 7.03 (a) and (b) as submitted on September 21, 1979 by the Secretary of Commerce and Resources. (38) A revision submitted by the Commonwealth of Virginia on March 24, 1980 which is intended to establish an Ambient Air Quality Monitoring Network. (39) Amendments to Part I (Definitions), section 1.02; and Part IV (Emission Standards for Particulate Emissions from Fuel Burning Equipment, Rule EX–3), sections 4.30, 4.31 (except section 4.31(d)(3)) and 4.32 submitted on September 21, 1979. (40) A revision submitted by the Commonwealth of Virginia on January 9, 1979 consisting of an amendment to the Virginia Regulations for the Control and Abatement of Air Pollution, Part IV, Rule EX–2, Emission Standards for Visible Emissions. (41) A revision submitted by the Commonwealth of Virginia on August 13, 1979 consisting of a variance from Part IV, Rule EX–10, Sections 4.100(a)(1), (2) and (3) for preparing cars for overseas shipment at the Exchange Service Station on the Naval Base in Norfolk, Virginia. (42) A variance issued to the Union Camp Corporation Particleboard Plant located at Franklin, Virginia exempting dryers 1FSD, 2FSD, and pre-dryer 3FSD from Part IV, Rule EX–4, Section 4.41(i) until December 15, 1981, submitted on July 28, 1980 and amended on April 16, 1981 by the Virginia Secretary of Commerce and Resources. (43) The variance issued to the Norfolk Naval Shipyard located at Portsmouth, Virginia exempting the salvage fuel-fired boilers and the power plant boilers from Sections 4.22 and 4.31(a)(1) until July 31, 1982, submitted on August 29, 1980 and amended on May 5, 1981 by the Secretary of Commerce and Resources. (44) A revision submitted by the Commonwealth of Virginia on June 19, 1980 consists of a 1979 Amendment to the provisions of Section 10–17.12 (Qualifications of members of Board) of the Virginia Air Pollution Control Law. (45) A revision submitted by the Commonwealth of Virginia on August 19, 1980 consisting of amendments to Section 1.02, 4.10, 4.11, 4.12, 4.13, and 4.102; and Appendix C of the Virginia Air Pollution Control Board Regulations. (46) The variance issued to the Municipal Incinerator on Oyster Point Road located at Newport News, Virginia exempting the incinerator from Section 4.71 until July 1, 1982, submitted on May 1, 1981 by the Secretary of Commerce and Resources. (47) Amendments to Chapter 1 of all nonattainment plans; amendments to Chapter 11 of the Richmond, Northern Virginia, Peninsula and Southeastern plans; amendments to Chapter 9 of the Roanoke and Stafford plans; addition of Appendices A and B to all plans; amendments to Chapter 3 of the Northern Virginia, Peninsula, Southeastern, Roanoke and Stafford plans; amendments to Chapter 10 of the Richmond, Peninsula and Southeastern plans; addition of Appendix C to the Northern Virginia Plan; and, certain revisions to Chapter 5 of all plans were submitted by the Secretary of Commerce and Resources on April 13, 1981. Revision of Chapter 10 of the Northern Virginia plan submitted on July 23, 1981. (48) The revisions submitted on December 17, 1979 by the Secretary of Commerce and Resources related to the ozone and carbon monoxide nonattainment area plans, except section 1.02, “Vapor Tight”, sections 4.54(h), 4.56(h), 4.55(m)(2), and 4.57(a)(5), Chapter 3 of the Roanoke plan, Chapter 6 of the Peninsula, Richmond, and Southeastern Virginia plans, and Appendix P. (49) The May 15, 1980 revision, as amended by the April 3, 1981 revision, submitted by the Secretary of Commerce and Resources pertaining to Chapter 9 of the Richmond and Northern Virginia nonattainment plans. This submittal includes the State Statute authorizing an Inspection and Maintenance program and a schedule for the implementation of this program. (50) Amendments to Part II (General Provisions), Sections 2.33(a)(5) and 2.34(i) submitted on February 19, 1981, by the Secretary of Commerce and Resources. (51) Revisions to section 1.02 (Terms Defined) of Part I (Definitions) and Section 4.51(c)(2) of Part IV (Rule EX–5, Emission Standards for Gaseous Pollutants) were submitted by the Secretary of Commerce and Resources, Commonwealth of Virginia, on September 28, 1978. (52) A revision submitted by the Commonwealth of Virginia on October 20, 1976 consisting of amendments to sections 2.34(a), 2.34(b), and 2.34(h) of the Virginia Air Pollution Control Board Regulations. (53) A revision submitted by the Commonwealth of Virginia on September 20, 1978 consisting of amendments to Part I, Definitions, modification of “Combustion Installation”; and sections 4.02(a)(2), 4.02(e), and 4.21 of the Virginia Air Pollution Control Board Regulations. (54) A revision submitted by the Commonwealth of Virginia on September 6, 1979 consisting of amendments to Part I, Definitions; sections 2.33(a), 2.33(c), 2.33(d), 2.33(e), 2.33(h), 2.33(k), 2.33(m), 3.05(a), 3.05(b), 3.05(c), 4.02(g) (2), (3), (4), (5), and (6), 4.23, 4.40, 4.41, 4.90, 4.91, 4.92(b), 4.93(b), 7.01(b), 7.02(a), 7.02(b), 7.02(d); and, Appendix C of the Virginia Air Pollution Control Board Regulations. (55) A revision submitted by the Commonwealth of Virginia on September 21, 1979 consisting of amendments to Part I, Definitions; sections 2.03(c), 2.03(e), 2.09(d), 2.09(f), 2.34(c), 2.34(d), 2.34(e), 2.34(f), 2.34(g), 4.02(f) (7) through (10), 4.54(a), 4.54(b), 4.54(c), 4.54(e), 4.54(f), 4.54(g), 4.55(a), 4.56(a), 4.56(c), 4.56(d), 4.56(f), 4.56(g), 4.57(a), 4.57(b); and Appendix M of the Virginia Air Pollution Control Board Regulations. (56) The variance issued to the Southside Mental Health and Mental Retardation Support Unit located in Petersburg, Virginia exempting the facility from Sections 4.22 and 4.31(a)(1)(ii) until June 30, 1982. It was submitted on May 28, 1981 and amended on August 5, 1981. (57) A revision submitted by the Commonwealth of Virginia on October 20, 1976 consisting of the addition of Sections 1.02, (Definition of Continuous Emission Monitoring); 4.04 (a) through (f); 4.05 (a) through (e); and Appendix J, except for Part II, Sections a.2. and d.2. (58) A revision submitted by the Commonwealth of Virginia on September 20, 1978 consisting of amendments to Sections 4.04 (a)(1) and (b); 4.04(e); Appendix J; and, the addition of Sections 4.24 (a), (b) and (c). (59) Amendments to sections 1.02, 4.56(f)(3), and Appendix M as submitted on April 13, 1981 by the Secretary of Commerce and Resources. (60) Revisions submitted on February 16, 1981, except the compliance schedules contained in Chapter 7, by the Secretary of Commerce and Resources related to the ozone and carbon monoxide nonattainment plan for the Richmond area. (61) Amendments to Part III, Ambient Air Quality Standards, Section 3.08, Lead, submitted on December 30, 1980 by the Secretary of Commerce and Resources. (62) A variance issued to the U.S. Marine Corps Quantico Base Central Heating Plant located in Prince William County, Virginia, exempting their boilers from Rules EX–2 and EX–3 until October 31, 1984, submitted on November 5, 1980, revised on December 16, 1981 and further revised December 1, 1983 by the Commonwealth of Virginia. (63) [Reserved] (64) Amendments to Part V, sections 5.01, 5.13, and 5.17 as submitted on August 14, 1975 by the Secretary of Commerce and Resources. (65) Amendments to Part V, sections 5.02 (b) through (d), 5.03, 5.04 (b) through (d) and (f), and 5.05 as submitted on October 20, 1976 by the Secretary of Commerce and Resources. (66) Amendments to Part V, sections 5.02 (a) and (e), 5.04 (a) and (e), 5.10, 5.14, 5.15, and 5.16 as submitted September 20, 1978 by the Secretary of Commerce and Resources. (67) Amendments to Part V, sections 5.40 and 5.45 as submitted on September 6, 1979 by the Secretary of Commerce and Resources. (68) Amendment to Part V, section 5.12 as submitted on September 21, 1979 by the Secretary of Commerce and Resources. (69) Amendments to Part I, section 1.02, Part II, sections 2.31, 2.33 (a) through (e), (g), (k), and (m), Part IV, Rule EX–4, section 4.41(b)(4), Part V, Rule NS–4, sections 5.42, 5.43, and 5.44, Part VIII, section 8.02 and Appendix L as submitted August 18, 1981 by the Secretary of Commerce and Resources. (70) Revisions submitted on July 13, 1981 and August 10, 1981, pertaining to the Inspection and Maintenance Program in the Northern Virginia AQCR, by the Secretary of Commerce and Resources. (71) Amendments to Part IV, Emission Standards for Open Burning (RULE EX–1), Section 4.11 to the Virginia Regulations for the Control and Abatement of Air Pollution, submitted on May 26, 1982 by the Commonwealth of Virginia. (72) [Reserved] (73) A revision submitted by the Commonwealth of Virginia on December 17, 1979 consisting of revisions to Chapter 3 of the Roanoke Plan and a revised Appendix P. (74) Amendments to sections 1.02; 2.04(a); 2.14; 2.32(c); 2.33(j); 2.34(g); 4.02 (f) and (g); 4.54; 4.55; 4.56; 4.57; 4.94; 5.02(f); 8.02(o); and Appendix J, Part II, sections a.2. and d.2; submitted on December 27, 1982 by the Commonwealth of Virginia. (75) Amendments to sections 4.56, 5.02(a), and 5.15; submitted on January 5, 1983 by the Commonwealth of Virginia. (76) Amendments to section 4.51(b) of the Virginia Air Pollution Control Board Regulations submitted on September 20, 1978 by the Commonwealth of Virginia. (77) [Reserved] (78) The Washington Metropolitan Air Quality Plan for the Northern Virginia Nonattainment Area for Ozone and Carbon Monoxide Air Quality Standards submitted by the Virginia State Air Pollution Control Board on January 12, 1983. (79) Amendments to Appendix I of the Virginia Regulations for the Control and Abatement of Air Pollution consisting of confirmation of local government commitments by Fairfax County and Loudoun County to implement the Northern Virginia nonattainment plan; submitted on December 3, 1982 by the Virginia State Air Pollution Control Board. (80) [Reserved] (81) Amendments to sections 1.02, 2.33, 4.02, and 5.02 of the Virginia Regulations for the Control and Abatement of Air Pollution submitted on January 24, 1983 by the Virginia State Air Pollution Control Board. (82) Amendment for an alternate compliance schedule for the Ford Motor Company plant in Norfolk, Virginia submitted on December 30, 1982 by the Virginia State Air Pollution Control Board. (83) Approval of an alternative emissions reduction plan for total suspended particulates at the Reynolds Aluminum Company's Bellwood reclamation facility located in Chesterfield County, Virginia submitted on April 1, 1983 by the Commonwealth of Virginia. (84) A variance issued to the City of Portsmouth, exempting their Municipal Incinerator from Rule EX–7, section 4.71 for particulate emissions until February 15, 1985, submitted on May 6, 1983 by the Commonwealth of Virginia. (85) Amendments to the Department of State Police Administrative and Procedural Regulations for the Motor Vehicle Inspection and Maintenance (I/M) Program submitted on December 29, 1982 by the Virginia State Air Pollution Control Board. (86) Amendments to section 4.103 of the Virginia Regulations for the Control and Abatement of Air Pollution submitted on June 5, 1984 by the Virginia State Air Pollution Control Board. (87) A revision to the Virginia State Implementation Plan was submitted on December 17, 1984 by the Virginia State Air Pollution Control Board. (i) Incorporation by reference. (A) A letter dated November 29, 1984 from the Virginia State Air Pollution Control Board to the Ford Motor Company containing a compliance schedule for installing the electrophoretic deposition process (EDP) for prime coating operations at the Norfolk assembly plant, adopted on November 26, 1984. (ii) Additional material. (A) Technical Support Document dated November 26, 1985, prepared by the Virginia State Air Pollution Control Board. (88) The repeal of §52.2420(c)(26) pertaining to a permit and emission offset for the Hampton Roads Energy Company's proposed refinery and terminal in Portsmouth, Virgina. (89) Revisions to the Virginia Regulations for the Control and Abatement of Air Pollution were submitted on February 15, 1985 by the Commonwealth of Virginia: (i) Incorporation by reference. (A) Letter of February 15, 1985 from the Virginia State Air Pollution Control Board transmitting a recodification and restructuring of the Virginia Regulations for the Control and Abatement of Air Pollution. (B) The following provisions of the Virginia regulations, effective February 1, 1985: (1) Part I General Definitions Sections 120–01–01, 120–01–02 (former sections 1.01, 1.02) (except for definitions of “dispersion technique,” “excessive concentrations,” “good engineering practice (GEP) stack height,” “hazardous air pollutant,” “nearby,” “stationary source” and “variance”). (2) Part II General Provisions Sections 120–02–01 through 120–02–04 (former sections 2.01–2.04); 120–02–05A (former section 2.05A); 120–02–06 through 120–02–07 (former sections 2.06–2.07) 120–02–11, 120–02–14 (former sections 2.11, 2.14); 120–02–31, 120–02–32, and 120–02–34 (former sections 2.31, 2.32, 2.34). Note: SIP Sections 2.09, 2.10, 2.12, and 2.30 have been redesignated as Sections 120–02–09, 120–02–10, 120–02–12, and 120–02–30 respectively. There are no wording changes. SIP Section 2.33 has been moved to Part VIII. (3) Part III Ambient Air Quality Standards Sections 120–03–01 through 120–03–05 (former sections 3.01–3.05), 120–03–07, 120–03–08 (former Sections 3.07–3.08) (4) Part IV Emission Standards From Existing Sources Sections 120–04–01 through 120–04–05 (except for sections 120–04–02.A.3. and 120–04–02I). Rule 4–4, Sections 120–04–0401, 120–04–0402.A.–C. (definitions of “heat input” and “rated capacity” only), 120–04–0407, 120–04–0408, 120–04–0411 through 120–04–0417. Rules 4–5, 4–6, 4–23, and 4–38 (except for sections within each rule pertaining to control of odors and noncriteria pollutants). Rule 4–7 (except for sections 120–04–0706 through 120–04–0708). Rule 4–8, Sections 120–04–0801, 120–04–0802.A.–C. (except for definitions of “fuel burning equipment,” “fuel burning equipment installation,” “refuse derived fuel” and “total capacity”), 120–04–0805A. and B., 120–04–0807A., 120–04–0808, 120–04–0811 through 120–04–0817. Rule 4–9, Sections 120–04–0901, 120–04–0902, 120–04–0909, 120–04–0910 (except for 120–04–0910.B.2.), 120–04–0911 through 120–04–0915. Rule 4–10 (except for sections 120–04–1002.C., 120–04–1003, 120–04–1006, 120–04–1007). Rule 4–11 (except for sections 120–04–1104, 120–04–1110, 120–04–1111, and the definition of “gasoline” in section 120–04–1102.C.). Rule 4–12, Sections 120–04–1201, 120–04–1202.A.–C. (definition of “chemical fertilizer” only), 120–04–1204, 120–04–1205, 120–04–1208 through 120–04–120–04–1414. Rule 4–13, Sections 120–04–1301, 120–04–1302.A. and B., 120–04–1305, 120–04–1306, 120–04–1309 through 120–04–1315. Rule 4–14, Sections 120–04–1401, 120–04–1402.A. and B., 120–04–1404, 120–04–1405, 120–04–1408 through 120–04–1414. Rule 4–15, Sections 120–04–1501, 120–04–1502.A. and B., 120–04–1504, 120–04–1505, 120–04–1508 through 120–04–1514. Rule 4–16, Sections 120–04–1601, 120–04–1602.A. and B., 120–04–1605, 120–04–1606, 120–04–1609 through 120–04–1615. Rule 4–17, Sections 120–04–1701, 120–04–1702.A. and B., 120–04–1704, 120–04–1705, 120–04–1708 through 120–04–1714. Rule 4–18, Sections 120–04–1801, 120–04–1802.A.–C. (definition of “melt time” only), 120–04–1805, 120–04–1806, 120–04–1809 through 120–04–1815. Rule 4–19, Sections 120–04–1901, 120–04–1902.A. and B., 120–04–1905, 120–04–1906, 1204–04–1909 through 120–04–1915. Rule 4–20, Sections 120–04–2001, 120–04–2002.A.–C. (definition of “production rate” only), 120–04–2004, 120–04–2005, 120–04–2008 through 120–04–2014. Rule 4–21, Sections 120–04–2101, 120–04–2102.A. and B., 120–04–2105, 120–04–2106, 120–04–2109 through 120–04–2115. Rule 4–22 (except for sections 120–04–2203, 120–04–2206 and 120–04–2207). Rule 4–24 (except for sections 120–04–2401.C., 120–04–2407, and 120–04–2408). Rule 4–25 (except for sections 120–04–2501.C., 120–04–2507, and 120–04–2508). Rule 4–26 (except for sections 120–04–2601.C., 120–04–2607, 120–04–2608, and 120–04–2609.B.). Rule 4–27 (except for sections 120–04–2701.C., 120–04–2707, 120–04–2708, and 120–04–2709.B.). Rule 4–28 (except for sections 120–04–2801.C., 120–04–2807, 120–04–2808, and 120–04–2809.B.). Rule 4–29 (except for sections 120–04–2901.C., 120–04–2907, 120–04–2908, and 120–04–2909.B.). Rule 4–30 (except for sections 120–04–3001.C., 120–04–3007, 120–04–3008, and 120–04–3009.B.). Rule 4–31 (except for sections 120–04–3101.C., 120–04–3107, 120–40–3108, and 120–04–2609.B.). Rule 4–32 (except for sections 120–04–3201.C., 120–04–3207, 120–04–3208, and 120–04–3209.B.). Rule 4–33 (except for sections 120–04–3301.C., 120–04–3307, 120–04–3308, and 120–04–3309.B.). Rule 4–34 (except for sections 120–04–3401.C., 120–04–3407, 120–04–3408, and 120–04–3409.B.). Rule 4–35 (except for sections 120–04–3501.C., 120–04–3507, 120–04–3508, and 120–04–3509.B.). Rule 4–36 (except for sections 120–04–3601.C., 120–04–3607, 120–04–3608, and 120–04–3609.B.). Rule 4–37 (except for sections 120–04–3703.D.3.b., 120–04–3707, and 120–04–3708). Rule 4–39 (except for sections 120–04–3906 and 120–04–3507). Rule 4–40, Sections 120–04–4001.A. and B., 120–04–4002.A., B., C. (definitions of “refuse” and “household refuse” only). Rule 4–41, Sections 120–04–4101, 120–04–4102, 120–04–4103.C., 120–04–4104, and 120–04–4105. Deletion of Rule EX–8 Note: (1) All sections within each rule pertaining to control odors and noncriteria pollutants are not part of the SIP. (2) Emission standards for hydrogen sulfide (sections 120–04–0406, 120–04–1105), total reduced sulfur (section 120–04–1304), and sulfuric acid mist (section 120–04–2104) are currently not part of the SIP. (3) Section 120–04–3703D.3.b. (former section 4.56(e)(3)(ii)) pertaining to monthly throughput exemptions for gasoline bulk plants is not an approved part of the SIP. (5) Part V Emission Standards for New and Modified Sources Sections 120–05–01 through 120–05–05 (except for section 120–05–02.H.). Rule 5–1, Sections 120–05–0101, 120–05–0102.A., B., C. (definition of “opacity” only), 120–05–0104 through 120–05–0107. Rule 5–4 (except for sections 120–05–0408 and 120–05–0409). Note: All sections within each rule pertaining to odors and noncriteria pollutants are not part of the SIP. (6) Part VII Air Pollution Episodes Sections 120–07–01, 120–07–02 (added). Sections 120–07–03 through 120–07–07 (revised) (former Sections 7.01–7.05). (7) Part VIII Permits for New and Modified Sources Section 120–08–01.A., B. (except for definitions of “allowable emissions,” “potential to emit,” “secondary emissions,” and “stationary source”), C. (except for C.1.b.), D. through G., and I. through M. (former section 2.33). Section 120–08–03.A., B. (except for definitions of “allowable emissions,” “building, structure, or facility,” “net emissions increase,” “potential to emit,” “secondary emissions,” and “stationary source”), C. through G. (except for F.1.), and I. through P. (former section 8.02). Note: Sections pertaining to sources of hazardous pollutants (sections 120–08–01C.1.b., 120–08–01H.2., 120–08–03C.1.b., and 120–08–03H.2) are not part of the SIP. (8) Appendices A, D, F, G, J, K, N, P (Revised) New E (Added) B, H—No Change Old E—Deleted (ii) Additional material. (A) Remainder of February 15, 1985 State submittal. (B) Letter with attachments from the Virginia State Air Pollution Control Board (VSAPCB) to U.S. EPA Region III; June 21, 1985. (C) Letter from VSAPCB to U.S. EPA Region III; September 5, 1985. (D) Letter with attachments VSAPCB to U.S. EPA Region III; August 7, 1986. (90) Revisions to the State Implementation Plan submitted by the Virginia Department of Air Pollution Control on February 14, 1985. (i) Incorporation by reference. (A) Letter from the Virginia Department of Air Pollution Control dated February 14, 1985 submitting a revision to the Virginia State Implementation Plan. (B) The following provisions of the Virginia regulations, effective February 1, 1985: (1) Part IV—Emission Standards From Existing Sources “Rule 4–1, sections 120–04–0101 through 120–04–0107; deletion of the definitions of “fumes” and “mist”. Rule 4–4, sections 120–04–0402.C. (definitions of “combustion installation,” “combustion unit,” “manufacturing operation,” “materials handling equipment,” “physically connected,” “process operation,” “process unit,” “process weight,” “process weight rate,” and “total capacity” only), 120–04–0403, 120–04–0404. Rule 4–7, sections 120–04–0702.C., 120–04–0703, 120–04–0708. Rule 4–8, sections 120–04–0802.C. (definitions of “fuel burning equipment,” “fuel burning equipment installation,” “refuse derived fuel,” and “total capacity” only), 120–04–0803, 120–04–0804, 120–04–0805, 120–04–0807B, Figures 4–8A, 4–8B. Rule 4–9, section 120–04–0903.C. Rule 4–10, sections 120–04–1002.C., 120–04–1003. Rule 4–12, sections 120–04–1202.C. (definitions of “manufacturing operation,” “materials handling equipment,” “physically connected,” “process operation,” “process unit,” “process weight,” and “process weight rate” only), 120–04–1203. Rule 4–13, sections 120–04–1302.C. (definitions of “cross recovery furnace,” “kraft pulp mill,” “lime kiln,” “recovery furnace,” “smelt dissolving tank,” and “straight kraft recovery furnace” only), 120–04–1303, 120–04–1305. Rule 4–14, sections 120–04–1402.C., 120–04–1403. Rule 4–15, sections 120–04–1502.C. (except for definition of “coal preparation plant”), 120–04–1503; deletion of the definition “air table.” Rule 4–16, sections 120–04–1602.C., 1120–04–1603. Rule 4–17, sections 120–04–1702.C., 120–04–1703. Rule 4–18, sections 120–04–1802.C. (definitions of “aluminum production operation,” “brass or bronze,” “brass or bronze production,” “ferroalloy production operation,” “gray iron foundry operation,” “lead,” “magnesium product operation,” “primary copper smelter,” “primary lead smelter,” “primary metal operation,” “primary zinc smelter,” “secondary lead production operation,” “secondary metal operation,” “steel foundry operation,” and “zinc processing operation” only), 120–04–1803. Rule 4–19, sections 120–04–1902.C., 120–04–1903. Rule 4–20, sections 120–04–2002.C., 120–04–2003. (2) Part V—Emission Standards for New and Modified Sources Rule 5–1, sections 120–05–0102.C. (definitions of “fugitive dust,” “fugitive emissions,” and “six minute period” only), 120–05–0103, 120–05–0104. (3) Appendix Q (ii) Additional materials. (A) Remainder of the February 14, 1985 submittal. (B) Letters of June 21, 1985 and September 5, 1985 from the Virginia State Air Pollution Control Board to EPA. (91) Revisions to the State Implementation Plan for the good engineering practice (GEP) stack height requirements submitted on May 12, 1986 by the Virginia State Air Pollution Control Board: (i) Incorporation by reference. (A) Letter of May 12, 1986 from the Executive Director, Virginia State Air Pollution Control Board, transmitting the revised good engineering practice (GEP) stack heights requirements. (B) Revised Regulations 120–01–02 (Revised definitions of dispersion technique, elevated terrain, Excessive Concentrations, GEP Stack Height, Nearby, Stack, Stack in Existence), 120–04–02I, and 120–04–02H of the Virginia Regulations for the Control and Abatement of Air Pollution, adopted April 7, 1986, and effective June 6, 1986. (C) Deletion of the following definitions from Regulation 120–01–02: Elevated Terrain, Plume Impaction (ii) Additional material. (A) Remainder of the official State submittal, transmitted on May 16, 1986. (92) Revisions to the State Implementation Plan submitted by the Virginia Department of Air Pollution Control regarding non-CTG RACT requirements for aluminum rolling mills applicable to Reynolds Metals in Richmond, Virginia on December 17, 1987. (i) Incorporation by reference. (A) Letter from the Virginia Department of Air Pollution Control dated December 17, 1987 submitting a revision to the Virginia State Implementation Plan. (B) Consent Agreement and Order (DSE–597–87) between the Virginia State Air Pollution Control Board and Reynolds Metals Company dated December 21, 1987 and effective May 1, 1988. (ii) Additional materials. (A) Letter dated May 4, 1988 from James E. Sydnor, Assistant Executive Director, Programs, VASAPCB to Jesse Baskerville, EPA Region III responding to EPA's comments submitted for the public hearing on November 9, 1987 regarding the Reynolds RACT determination. (B) Technical Support Document prepared by Reynolds Metals Company, dated September 30, 1987. (93) Revisions to the State Implementation Plan submitted by the Virginia Department of Air Pollution Control on March 26, 1991. (i) Incorporation by reference. (A) Letter from the Virginia Department of Air Pollution Control dated March 26, 1991 submitting a revision to the Virginia State Implementation Plan. (B) Agreement between the State Air Pollution Control Board of the Commonwealth of Virginia and the Aqualon Company (Source Registration No. 50363) reducing allowable emissions of sulfur dioxide, dated September 24, 1990 and September 26, 1990. (ii) Additional materials. (A) Remainder of the State Implementation Plan revision request submitted by the Virginia Department of Air Pollution Control on March 26, 1991. (94) Addition of Section 120–08–04 (Permits—operating) to Part VIII of the Virginia Regulations for the Control and Abatement of Air Pollution submitted on July 18, 1991 by the Virginia Department of Air Pollution Control: (i) Incorporation by reference. (A) Letter of July 18, 1991 from the Virginia Department of Air Pollution Control transmitting a revision to the Virginia State Implementation Plan. (B) Regulation 120–08–04 (Permits—operating) of Part VIII, Virginia Regulations for the Control and Abatement of Air Pollution, effective July 1, 1991. (ii) Additional material. (A) Remainder of July 18, 1991 State submittal. (95) Revisions to the State Implementation Plan submitted by the Virginia Department of Air Pollution Control on April 29, 1991. (i) Incorporation by reference. (A) Letter from the Virginia Department of Air Pollution Control dated April 29, submitting a revision to the Virginia State Implementation Plan. (B) Consent Agreement and Order No. DTE–179–91 between Nabisco Brands, Inc. and the Virginia State Air Pollution Control Board, effective on April 24, 1991. (ii) Additional materials. (A) Technical Support Document for the RACT Determination for Nabisco Brands, Inc., Henrico County, VA; Consent Agreement and Order No. DTE–179–91. (96) Revisions to the State Implementation Plan submitted by the Virginia Department of Air Pollution Control on December 16, 1991. (i) Incorporation by reference. (A) Letter from the Virginia Department of Air Pollution Control dated December 6, 1991 submitting a revision to the Virginia State Implementation Plan. (B) Agreement between the State Air Pollution Control Board of the Commonwealth of Virginia and Burlington Industries (Source Registration No. 30401) reducing allowable emissions of sulfur dioxide, dated November 19, 1991. (ii) Additional materials. (A) Remainder of the State Implementation Plan revision request submitted by the Virginia Department of Air Pollution Control on December 16, 1991. (97) Revision to the State Implementation Plan submitted by the Virginia Department of Air Pollution Control on September 28, 1989. (i) Incorporation by reference. (A) Letter from the Virginia Department of Air Pollution Control dated September 28, 1989 submitting a revision to the Virginia State Implementation Plan. (B) “Regulation for the Control of Motor Vehicle Emissions” (VR 120–99–01), as published in The Virginia Register of Regulations (Monday, July 31, 1989—Volume 5, Issue 22), with an effective date of October 1, 1989. (C) “Regulation for Vehicle Emission Control Program Analyzer Systems” (VR 120–99–02), as published in The Virginia Register of Regulations (Monday, November 21, 1988—Volume 5, Issue 4), with an effective date of January 1, 1989. (ii) Additional materials. (A) The remainder of the State submittal. (98) Revisions to the State Implementation Plan submitted by the Virginia Department of Air Pollution Control on February 14, 1985. (i) Incorporation by reference. (A) Letter from the Commonwealth of Virginia dated February 14, 1985, submitting a revision to the Virginia State Implementation Plan. (B) The following provisions of the Virginia Regulations for the Control and Abatement of Air Pollution, effective February 1, 1985: (1) Part I General Definitions. Section 120–01–02 (Definition of “variance”). (2) Part IV Emission Standards from Existing Sources. Rule 4–4, Section 120–04–0405. Rule 4–8, Section 120–04–0806. Rule 4–9, Section 120–04–0904. Rule 4–11, Section 120–04–1104. Rule 4–15, Section 120–04–1503C. (Definition of “coal preparation plant”) Rule 4–16, Section 120–04–1604. Rule 4–18, Section 120–04–1804. Rule 4–19, Section 120–04–1904. Rule 4–21, Sections 120–04–2102C. (Definition of “sulfuric acid production unit”) and 120–04–2103. Rule 4–22, Section 120–04–2203. Deletion of Section 4.50 of the Virginia Regulations for the Control and Abatement of Air Pollution in effect before February 1, 1985. (ii) Additional material. (A) Remainder of the February 14, 1985, State submittal pertaining to: The revised definitions of “variance,” “coal preparation plant,” and “sulfuric acid production unit”; and Virginia's revised sulfur dioxide provisions. (B) Letter dated July 14, 1986, from the Virginia State Air Pollution Control Board to EPA. (99) Revisions to the Commonwealth of Virginia Regulations Volatile organic compound (VOC) RACT Fix-up regulations submitted on May 10, 1991, by the Department of Environmental Quality formerly the Virginia Department of Air Pollution Control: Effective date July 1, 1991. (i) Incorporation by reference. (A) Letter of May 10, 1991, from the Department of Environmental Quality transmitting VOC RACT Fix-up regulations. (B) The following Commonwealth of Virginia regulations effective July 1, 1991: (1) Part I; section 120–01–02 (revised definition of “actual emissions rate”, “department”, “emissions unit”, “volatile organic compound”) (2) Part II sections: 120–02–08 A., B. 120–02–34 C., J. (3) Part IV sections: 120–04–01 B., C. 120–04–02 C., D., F., H. 120–04–03 A. 120–04–04 F. 120–04–05 E., F., G. Rule 4–4 sections: 120–04–0402 (definition of “combustion unit”, “manufacturing operation”, “reasonably available control technology”) 120–04–0407 A., B., C. sections 120–04–0407 through 120–04–0408 have been renumbered to 120–04–0408 through 120–04–0409; sections 120–04–0411 through 120–04–0416 have been renumbered to 120–04–0412 through 120–04–0417, section 120–04–0417 has been renumbered to 120–04–0418. Rule 4–5 sections: 120–05–0501 B. 120–05–0503 A.1., B.1., C.1., C.2., D.1. 120–05–0504 A.2., B.4., B.5., C.4., D.1.e. Rule 4–6 sections: 120–04–0601 B. 120–04–0603 A.1., B.1.,C.1., D.1. 120–04–0604 A.2., A.3., B.3., B.4. Rule 4–11 sections: 120–04–1102 (revised definition of “condensate crude oil”) 120–04–1106 A.1., B.1., C.1., C.2., D. 120–04–1107 B.3. Rule 4–24 sections: 120–04–2401 A., B., C (deleted) 120–04–2403 A.1., B.1., C.1. 120–04–2404 A.1.a.3., B.1.c.5., C.1.e.5. Rule 4–25 sections: 120–04–2501 A., B., C. 120–04–2503 A.1., A.3., B.1., B.3., B.4., C.1., C.3. 120–04–2504 A.2., B.1.b., C.1.b. Rule 4–26 sections: 120–04–2601 C. (deleted) D. (replaces previous C.) 120–04–2602 (new definition for “coating application system”, and “oven”) 120–04–2603 A. (introduction revised), A.1., B. (introduction revised), B.1., D. 120–04–2604 A.6., A.7., B.5., B.6. 120–04–2609 B., C. Rule 4–27 sections: 120–04–2701 A., B., C. (deleted), D. (renumbered C.) 120–04–2702 C. (added definitions for “coating application system”; deleted definition for “coating line”; modified definition for “oven”) 120–04–2703 A., C. 120–04–2704 (introduction revised), C., D. 120–04–2709 B., C. Rule 4–28 sections: 120–04–2801 A., B., C. (deleted), D. (renumbered C.) 120–04–2802 C. (added definition for “anti-chip coating”, “clear coating”, “coating application system”, “electrocoat primer”, “extreme environmental conditions”, “extreme performance coatings”, “guidecoat”, “topcoat”, modified definitions for: “automobile”, “light-duty truck” and deleted definition for “coating line” 120–04–2803 A.1., B. (added in its entirety), C., D., E., F., and G. (formerly B., C., D., E., F., now revised/renumbered). 120–04–2804 A., A.5., A.6., B. (added), C., D., E., (formerly B., C., D., have been revised/renumbered). 120–04–2809 B., C. Rule 4–29 sections: 120–04–2901 A., B., C. (deleted), D. (renumbered/revised to C.) 120–04–2902 C., (deleted definition of “coating line”, addition of definition for “coating application system”, definition modified “oven”) 120–04–2903 A.1., B.1., C.1., D.1., E. 120–04–2904 A. (introduction revised), A.5., A.6., B. (introduction revised). B.5., B.6., C. (introduction revised), C.4., D. 120–04–2909 B., C. Rule 4–30 sections: 120–04–3001 A., B., C. (revised) and D. (deleted), C.2., 120–04–3002 C. (deleted definition of “coating line”, added definition of “coating application system”, modified definition of “oven”) 120–04–3003 A., C. 120–04–3004 (introduction revised), D., E. 120–04–3009 B., C. Rule 4–31 sections: 120–04–3101 A., B., C. (deleted), D. (revised/renumbered C.) 120–04–3102 C. (deleted definition of “coating line”; added definition of “coating application system”; modified definition of “oven”, and “fabric coating”). 120–04–3103 A., D., E. (added) 120–04–3104 (introduction revised), F. 120–04–3109 B., C. (added) Rule 4–32 sections: 120–04–3201 A., B., C. (deleted), D. (revised/renumbered C.) 120–04–3202 C. (deleted definitions for “coating line”; added definition of “coating application system”; modified definition of “oven”.) 120–04–3203 A., C. 120–04–3204 (introduction revised), D., E. 120–04–3209 B., C. (added) Rule 4–33 sections: 120–04–3301 A., B., C. (deleted), D. (renumbered/revised C.) 120–04–3302 C. (deleted definitions of “coating line”; added definition of “coating application system”; modified definition of “oven”.) 120–04–3303 A., C. (added) 120–04–3304 (introduction revised), F., G. 120–04–3309 B., C. (added) Rule 4–34 sections: 120–04–3401 B., C., D.1.b., D.4. 120–04–3402 (modified definitions of “coating application system”, “clear coating”, extreme performance coatings”, and “oven”), G. 120–04–3403 D. (added) 120–04–3404 (introduction revised) F., G. 120–04–3409 B., C. (added) Rule 4–35 sections: 120–04–3501 A., B., C. (deleted), D. (revised/renumbered as C.) 120–04–3502 (modified definitions of “coating application system” and “oven”.) 120–04–3503 D. (added) 120–04–3504 (introduction revised), F., G. 120–04–3509 B., C. Rule 4–36 sections: 120–04–3601 B., C., D.1.b., D.2. (deleted), D.3. (revised/renumbered D.2.) 120–04–3602 C. (added definitions for “high-solids ink”, “low-solvent ink”, “printing process”, modified definition of “publication rotogravure printing” and “waterborne inks.”) 120–04–3603 (the following were deleted: A., B., C.), A. (new/revised), B. (formerly D., modified), C. (formerly E. was modified) 120–04–3604 deleted 120–04–3609 B. Rule 4–37 sections: 120–04–3701 A., B. 120–04–3702 (modified definitions of “crude oil” and “custody transfer”.) 120–04–3703 A.1., A.3., A.4. (added), B.1., D.3., E.1., E.3.a. through E.3.d. was revised to E.3.a. through E.3.b.; revisions were made to the following: F.1., F.3., F.8., F.10., F.11., F.16. (deleted) 120–04–3704 A.1.b., B.1.b., C.1.d., D.1.c., E.2.c. Rule 4–38 section: 120–04–3801 B. Rule 4–39 section: 120–04–3901 B. (4) Part V sections: 120–05–01 the following were added: C. and D. 120–05–02 the following were revised: C., D., F.; G. (deleted) 120–05–03 A. 120–05–04 A. and F. were revised. 120–05–05 the following were added: E. and F. H. (formerly F. renumbered) (5) Part VII sections: 120–07–01 120–07–02 C. (modified definition of “air pollution episode”) 120–07–04 B.1., B.1.b., B.2.a., B.3.a., B.4.a., B.5.a. (6) Appendix K (7) Appendix N (8) Appendix P (9) Appendix R I., II.B., II.D., II.E., II.F., II.G., II.H., II.I., II.J., II.K., II.L., II.M., II.N., II.O., II.P., III.V. (deleted), VI., VIII. (10) Appendix S (revised and renamed in its entirety to include other appendices) (11) Appendix T (deleted in its entirety and revised to be included in new appendix S.) (ii) Additional material. (A) Remainder of May 10, 1991, Commonwealth's submittal. (100) Revisions to the Commonwealth of Virginia Regulations Oxygenated Gasoline Program regulations submitted on November 1, 1993, by the Department of Environmental Quality, formerly the Virginia Department of Air Pollution Control: Effective date November 1, 1993. (i) Incorporation by reference. (A) Letter of November 1, 1993, from the Department of Environmental Quality transmitting Oxygenated Gasoline Program regulations. (B) Addition of VR 115–04–28 Regulation Governing the Oxygenation of Gasoline. (ii) Additional materials. (A) Remainder of November 13, 1992, and November 1, 1993, State submittals. (101) Revisions to the Virginia regulation for the control of volatile organic compounds emitted from petroleum liquid storage and transfer operations, primarily related to the addition of Stage II vapor recovery equipment on gasoline refueling equipment, as submitted on November 5, 1992 by the Virginia Department of Air Pollution Control (now the Virginia Department of Environmental Quality). (i) Incorporation by reference. (A) Letter of November 5, 1992, from the Virginia Department of Air Pollution Control requesting approval of revisions to the Commonwealth's State Implementation Plan's requirements for volatile organic compounds from petroleum liquid storage and transfer operations, primarily concerning the addition of provisions for Stage II vapor recovery systems. (B) Virginia Regulation VR 120–01, Part IV (Rule 4–37), with an effective date of January 1, 1993. (C) Appendix S to VR 120–01, Part IV (Rule 4–37), having an effective date of January 1, 1993. (D) Virginia Department of Air Pollution Control's Air Quality Program Policies and Procedures document entitled “Procedures for Implementation of Regulations Covering Stage II Vapor Recover Systems for Gasoline Dispensing Facilities” (AQP–9). The effective date of this document is January 1, 1993. (ii) Additional material. (A) Remainder of November 5, 1992, State submittal. (B) Letter dated August 18, 1993, from the Virginia Department of Environmental Quality transmitting Virginia's request that section III.F.2 of Virginia's policies and procedures document entitled “Procedures for Implementation of Regulations Covering Stage II Vapor Recover Systems for Gasoline Dispensing Facilities” (AQP–9) be included in the Commonwealth's State Implementation Plan. (102) Revisions to the Virginia State Implementation Plan submitted on November 4, 1992 by the Virginia Department of Air Pollution Control. (i) Incorporation by reference. (A) Letter of November 4, 1992 from the Virginia Department of Air Pollution Control transmitting amendments to the Virginia State Implementation Plan pertaining to Virginia's air quality regulations, Virginia State Air Pollution Control Board Regulations for the Control and Abatement or Air Pollution. (B) The following revisions to Virginia's air quality regulations, adopted by the Virginia State Air Pollution Control Board on October 30, 1992, effective January 1, 1993: (1) Amendments to section 120–01–02, the definition for the term volatile organic compound. (2) Amendments to appendix P, pertaining to emission control areas. (ii) Additional material. (A) Remainder of Virginia's November 4, 1992 State submittal pertaining to section 120–01–02 and appendix P. (103) Revisions to the Commonwealth of Virginia Regulations State Implementation Plan submitted on November 4, 1992 by the Virginia Department of Environmental Quality: (i) Incorporation by reference. (A) Letter of November 4, 1992 from the Virginia Department of Environmental Quality transmitting a revised regulation to require owners of stationary sources in emissions control areas to submit emission statements annually. (B) Amendments to Title VR 120–01, addition of paragraph B to section 120–02–31 and the addition of Appendix S including referenced document AQP–8, procedures for Preparing and submitting Emission Statements for Stationary Sources. Effective on January 1, 1993. (ii) Additional Material. (A) Remainder of November 4, 1992 State submittal related emission statements. (104) Revisions to the Virginia Regulations for the Control and Abatement of Air Pollution submitted on February 14, 1985 by the Virginia Department of Air Pollution Control: (i) Incorporation by reference. (A) Letter of February 14, 1985 from the Virginia Department of Air Pollution Control transmitting a revision to the Virginia State Implementation Plan. (B) The following provisions of the Virginia regulations, effective February 1, 1985: (1) Revisions to Part IV, Rule 4–41 (Mobile Sources), Sections 120–04–4103A. and 120–04–4103B. (2) Deletion of SIP Regulation 4.52. (ii) Additional material. (A) Remainder of February 14, 1985 State submittal pertaining to the revised provisions of Section 120–04–4103 and the deletion of SIP regulation 4.52. (105) Revisions to the Virginia Regulations For the Control and Abatement of Air Pollution submitted on April 12, 1989 by the Virginia Department of Air Pollution Control: (i) Incorporation by reference. (A) Letter from the Virginia Department of Air Pollution Control dated April 12, 1989 submitting a revision to the Virginia State Implementation Plan. (B) The following provisions of the Virginia regulations, effective October 1, 1986. (1) Part I Definitions. Section 1.02 (Definitions of “Reference method,” “Reid vapor pressure,” “Stationary source,” “True vapor pressure” and “Vapor pressure”). (2) Part IV Emission Standards from Existing Sources. Rule 4–5, Sections 120–08–0502C. (Definitions of “Condenser,” “Production equipment exhaust system,” “Reactor” and “Synthesized pharmaceutical products manufacturing”) and 120–04–0504C.3.b. (Control Technology Guidelines) Rule 4–21, Sections 120–04–2102C. (Definitions of “Sulfuric acid mist” and “Sulfuric acid production unit”) and 120–04–2110E. (Monitoring) Rule 4–34, Section 120–04–3402C. (Definitions of “Application area,” “Carbon adsorption system,” “Coating applicator,” “Extreme environmental conditions,” “Flashoff area,” “Miscellaneous metal parts and products” and “Major groups”) Rule 4–37, Sections 120–04–3702C. (Definitions of “Bulk gasoline plant,” “Bulk gasoline terminal,” “Condensate,” “External floating roof,” “Gasoline,” “Gasoline dispensing facility,” “Internal floating roof,” “Liquid-mounted,” “Petroleum liquids,” “Petroleum refinery,” “Submerged fill pipe,” “vapor-mounted,” “Vapor tight” and “Waxy, heavy pour crude oil”) and 120–04–3704C.2.b (Control Technology Guidelines) Rule 4–41, Sections 120–04–4102C. (Definitions of “Mobile source” and “Motor vehicle”) and 120–04–4105B.2. (Export/Import of Motor Vehicles) (3) Part VIII Permits. Section 120–08–01 (Permits—New and Modified Stationary Sources), subsections 120–08–01B3. (definitions of “Allowable emissions,” “Begin actual construction,” “Commence,” “Construction,” “Emissions units,” “Federally enforceable,” “Fixed capital cost,” “Major modification,” “Major stationary source,” “Modification,” “Modified source,” “Necessary preconstruction approvals or permits,” “New source,” “Potential to emit,” “Public comment period,” “Reactivation,” “Reconstruction,” “Secondary emissions,” “State enforceable,” “Stationary source” and “Uncontrolled emission rate”) and 120–08–01C.4.d. (General) Section 120–08–03 (Permits—Major Stationary Sources and Major Modifications Locating in Nonattainment Areas), subsections 120–08–03B.3. (all terms) and 120–08–03N.7. (Offsets) (ii) Additional material. (A) Remainder of February 12, 1989 State submittal pertaining to the revised provisions of Parts I, IV and VIII. (106) Revisions to the Virginia State Implementation Plan submitted on November 6, 1992 by the Virginia Department of Environmental Quality: (i) Incorporation by reference. (A) Letter of November 6, 1992 from the Virginia Department of Environmental Quality transmitting revisions to Virginia's State Implementation Plan, pertaining to volatile organic compound requirements in Virginia's air quality regulations adopted by the Virginia State Air Pollution Control Board on October 30, 1992 and effective on January 1, 1993. (B) Revisions to §120–04–0407 (A), (B), and (C) that lower the applicability threshold for RACT to 50 tons per year in the Virginia portion of the Metropolitan Washington, D.C. serious ozone nonattainment area and add a RACT compliance date of May 31, 1995 for major VOC sources in the Richmond moderate ozone nonattainment area, and the Virginia portion of the Metropolitan Washington, D.C. nonattainment area, effective January 1, 1993. (ii) Additional material. (A) Remainder of State submittal pertaining to §120–04–0407. (107) The carbon monoxide redesignation and maintenance plan for the Counties of Arlington and Alexandria, Virginia submitted by the Virginia Department of Environmental Quality on October 4, 1995, as part of the Virginia SIP. The emission inventory projections are included in the maintenance plan. (i) Incorporation by reference. (A) Letter of October 4, 1995 from the Virginia Department of Environmental Quality requesting the redesignation and submitting the maintenance plan. (B) Maintenance Plan for the Virginia portion of the Metropolitan Washington Carbon Monoxide Nonattainment Area adopted on September 20, 1995. (ii) Additional material. (A) Remainder of October 4, 1995 State submittal. (108) Revisions to the Virginia Regulations for the Control and Abatement of Air Pollution submitted on March 18, 1993 by the Virginia Department of Air Pollution Control: (i) Incorporation by reference. (A) Letter of March 18, 1993 from the Virginia Department of Air Pollution Control transmitting revisions governing confidentiality of information. (B) Revisions to Virginia regulations sections 120–01–02C. (definition of “confidential information”) and 120–02–30 (revisions to paragraphs 30A. and 30B.; addition of paragraphs 120–02–30C. through 30E.), adopted October 30, 1992 and effective February 1, 1993. (ii) Additional material. (A) Remainder of the March 18, 1993 State submittal pertaining to both the definition of “confidential information” and the revised provisions to Section 120–02–30. (109) Revisions to the Virginia Regulations for the Control and Abatement of Air Pollution submitted on March 29, 1993 by the Virginia Department of Air Pollution Control: (i) Incorporation by reference. (A) Letter of March 29, 1993 from the Virginia Department of Air Pollution Control transmitting revisions governing confidentiality of information. (B) The following provisions of the Virginia regulations, adopted October 30, 1992 and effective January 1, 1993. (1) Revisions to Sections 120–08–01A.; 120–08–01C.4; 120–08–01D.; 120–08–01F. [former SIP Section 120–08–01G.]; 120–08–01G. (except for paragraphs .01G.1, .01G.4.a, and .01G.4.b); 120–08–01H. (except for paragraph .01H.1) [former SIP Section 120–08–01F, except for paragraph .01F.2]; 120–08–01I. (except for paragraph .01I.2) [former SIP Section 120–08–01L., except for paragraph .01L.2]; 120–08–01J. [former SIP Section 120–08–01H.]; 120–08–01K.; 120–08–01L. [former SIP Section 120–08–01J.]; 120–08–01M. [former SIP Section 120–08–01K.]; 120–08–01P. [former SIP Section 120–08–01M.]; Addition of Sections 120–08–01N and 120–08–01O. (2) Revisions to following definitions in Section 120–08–01B.: “allowable emissions,” “commence,” “federally enforceable,” “modification,” “potential to emit,” “secondary emissions” and “stationary source.” (3) Revisions to Appendix R, Sections I (title only), II.A, II.P, II.Q (added), II.R (added), III.A, III.C, III.E, III.G, III.I, III.L, III.T, III.U, IV., V., and VIII. (ii) Additional material. (A) Remainder of the March 29, 1993 State submittal pertaining to the revisions to Section 120–08–01 (except for paragraphs .01G.1, .01G.4.a, .01G.4.b, .01H.1, .01I.2, and .01J.2) and Appendix R listed in paragraphs (c)(109)(i)(B) (1) through (3) of this section. (B) Letter of March 18, 1996 from the Virginia Department of Environmental Quality, Air Division, clarifying the effect of the exemption of wood sawmills from the provisions of Section 120–08–01 (Appendix R, Section II.R). (110) Alternative Compliance Plans submitted on November 4, 1986 by the Virginia State Air Pollution Control Board: (i) Incorporation by reference. (A) Letter of November 4, 1986 from the Virginia State Air Pollution Control Board transmitting alternative compliance plans for the Reynolds Metals—Bellwood and South Plants, Richmond, Virginia. (B) The below-described Consent Agreements and Orders between the Commonwealth of Virginia and the Reynolds Metals Company, effective October 31, 1986: (1) DSE–413A–86—Consent Agreement and Order Addressing Reynolds Metals Company's Bellwood Printing Plant (Registration No. 50260). (2) DSE–412A–86—Consent Agreement and Order Addressing Reynolds Metals Company's Richmond Foil Plant (Registration No. 50534). (ii) Additional material. (A) Remainder of November 4, 1986 State submittal. (B) Letter of February 12, 1987 from the Virginia State Air Pollution Control Board. (111)–(112) [Reserved] (113) Revisions to the Virginia State Implementation Plan submitted April 22, 1996 by the Virginia Department of Environmental Quality. (i) Incorporation by reference. (A) Letter of April 22, 1996 from the Virginia Department of Environmental Quality transmitting revisions to Virginia's State Implementation Plan, pertaining to regulations to control sources of volatile organic compounds (VOC). (B) Revisions to the following Virginia regulations adopted by the Virginia State Air Pollution Control Board on December 19, 1995 and effective April 1, 1996: (1) Added Definitions to 9–VAC 5–10–20 (General Definitions) (Former SIP Section 120–01–02)—“Federally enforceable”, “Implementation plan”, “Potential to Emit”, and “State enforceable”; and revised definitions to 9–VAC 5–10–20 for “Administrator” and “Volatile organic compound”. (2) Revisions to Article 4, Rule 4–4, “Emission Standards for General Process Operations” (Former SIP Citation—Part IV, Rule 4–4), sections 9 VAC 5–40–300A. (citation only), B., and C. (Former SIP Sections 120–04–0407A., B, and C). (3) Revisions to Article 4, Rule 4–4, section 9–VAC 5–40–420 (Former SIP Section 120–04–0419)—Introductory paragraph and paragraphs 5–40–420.1 through .5 are revised, while paragraph 5–40–420.6 is added. (4) Revisions to Article 36, Rule 4–36 “Emission Standards for Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines” (former Part IV, Rule 4–36), sections 9 VAC 5–40–5060, subsections A., B. (citation only), C., and E.1 and .2 (Former SIP sections 120–04–3601.A. through D.1 and D.2); additions of sections 9 VAC 5–40–5060.D and .E.3. (5) Revisions to Article 36, Rule 4–36, sections 9 VAC 5–40–5070.A., B. (citations only), (Former SIP section 120–04–3602.A., B.); C. (revised definitions for “Flexographic printing”, “High-solids ink or surface coating”, “Low-solvent ink or surface coating”, “Packaging rotogravure printing”, “Printing”, “Publication rotogravure printing”, “Waterborne ink or surface coating” and added definitions for “Compliant ink or surface coating”, “Cleaning solutions”, “Electrostatic duplication”, “Letterpress printing”, “Lithographic printing”, “Non-compliant ink or surface coating”, “Printing Line”, “Surface coating” and “Web”; deletion of “Roll printing”) (Former SIP section 120–04–3602.C.). (6) Revisions to Article 36, Rule 4–36, Sections 9 VAC 5–40–5080.A. (Former SIP section 120–04–3603.A.); Addition of Section 9 VAC 5–40–5080.B.; Deletion of SIP Sections 120–04–3603.B., C.; Revisions to Sections 9 VAC 5–40–5130.A., B. (Former SIP sections 120–04–3609.A., B.); Addition of Sections 9 VAC 5–40–5130.C., D., E.; Revisions to Section 9 VAC 5–40–5140.A. (Former SIP section 120–04–3610.A.); Addition of Section 9 VAC 5–40–5140.B.; Revisions to Sections 9 VAC 5–40–5190 (Former SIP Section 120–04–3615)—Introductory paragraph and paragraphs 5–40–5190.1 through .5 are revised, while paragraph 5–40–5190.6 is added. (7) Revised citations of Article 36, Rule 4–36, Sections 9 VAC 5–40–5090, 5–40–5100, 5–40–5150, 5–40–5160, 5–40–5170 and 5–40–5180 (SIP Sections 120–04–3605, 120–04–3606, 120–04–3611, 120–04–3612, 120–04–3613, and 120–04–3614 respectively). (8) Addition of Article 45, “Emission Standards for Lithographic Printing Processes” (Rule 4–45), Sections 9 VAC 5–40–7800 through 9 VAC 5–40–7850 inclusive; Sections 9 VAC 5–40–7880 through 9 VAC 5–40–7940 inclusive. (9) Revisions to Appendix S (“Air Quality Program Policies and Procedures”), sections I.D and II.C. (10) Revisions to AQP–3 “Procedures For the Measurement of Capture Efficiency For Determining Compliance With Volatile Organic Compound Emission Standards Covering Surface Coating Operations and Graphic Arts Printing Processes (Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines)”. (ii) Additional material. (A) Remainder of April 22, 1996 Commonwealth submittal pertaining to regulations 4–4, 4–36, 4–45 and Appendix S. (114) Revisions to the Virginia State Implementation Plan submitted April 26, 1996 by the Virginia Department of Environmental Quality. (i) Incorporation by reference. (A) Letter of April 26, 1996 from the Virginia Department of Environmental Quality transmitting revisions to Virginia's State Implementation Plan. (B) Revisions to the following Virginia regulation adopted by the Virginia State Air Pollution Control Board on December 19, 1995 and effective April 1, 1996: (1) Revisions to Article 40, Rule 4–40 “Emission Standards for Open Burning” [former Part IV, Rule 4–40], Sections 9 VAC 5–40–5600.A.(all revisions) and B. (citation only) (Former SIP Sections 12–04–4001.A. and .B.) Addition of Section 9 VAC 5–40–5600.C. (2) Revisions to Article 40, Rule 4–40, Sections 9 VAC 5–40–5610.A.and B. (citations only) (Former SIP Sections 120–04–4002.A. and B.); revised citation for the definitions “refuse” and “household refuse” in Section 5–40–5610.C. (Former SIP Section 120–04–4002.C.), added definitions in Section 5–40–5610.C for “Clean burning waste”, “Landfill”, “Local landfill”, “Sanitary landfill” and “Special incineration device”. (3) Addition of Sections 9 VAC 5–40–5620 (Open Burning Prohibitions), 9 VAC 5–40–5630 (Permissible Open Burning), and 9 VAC 5–40–5640 (Waivers). (4) Revisions to Appendix D (Forest Management and Agricultural Practices), Sections II (introductory sentence), II.E. and III.F. (ii) Additional material. (A) Remainder of April 22, 1996 Commonwealth submittal pertaining to regulation 4–40. (115) Revisions to Virginia's regulations to fulfill Group III PM–10 requirements, submitted on June 15, 1989, by the Virginia Department of Environmental Quality: (i) Incorporation by reference. (A) Letter of June 15, 1989 from the Virginia Department of Environmental Quality transmitting Virginia's Group III PM–10 SIP revisions to EPA. (B) “Group III” PM–10 plan revisions (effective July 1, 1988). (1) Virginia rule 120–01–02, which provides regulatory definitions for “particulate matter,” particulate matter emissions,” “PM10,” “PM10 emissions,” and “total suspended particulate matter”; (2) Virginia rule 120–03–06, which provides an ambient air quality standard for PM–10; (3) Virginia rule 120–07–04, which revises rules regarding air pollution episodes to include PM–10 as well as TSP; and (4) Virginia rule 120–0802, which revise permitting rules to provide for the review of proposed permits with respect to PM–10. (ii) Additional material. (A) Remainder of Virginia's June 15, 1989 submittal. (116) Revisions to Virginia's coke oven regulations submitted September 6, 1979 as revised February 14, 1985. (i) Incorporation by reference. (A) Letters of September 6, 1979 and February 14, 1985 from the Virginia Department of Environmental Quality transmitting regulations limiting particulate matter emissions from coke oven batteries. (B) Revisions to Virginia Department of Environmental Quality Rule 4–9 limiting particulate emissions from coke oven batteries (effective March 3, 1979; January 1, 1985): (1) Virginia rules 120–04–0903A and 120–04–0903B, which provide mass emission limits from coking, charging, and pushing operations; (2) Virginia rule 120–04–0905, which provides a standard for visible emissions; (3) Virginia rule 120–04–0906, which provides a standard for fugitive dust and other fugitive emissions; (4) Virginia rule 120–04–0910A, which specifies the timing in the coking cycle of multiple tests pursuant 120–04–0903; and (5) Virginia rule 120–04–0910B.2 which specifies the certification and testing methods for Virginia Rule 120–04–0905. (ii) Additional material. (A) Remainder of Virginia's September 6, 1979 submittal related emission limits for coke oven batteries. (117) The ten year ozone maintenance plan for Hampton Roads, Virginia ozone nonattainment area submitted by the Virginia Department of Environmental Quality on August 27, 1996: (i) Incorporation by reference. (A) Letter of August 27, 1996 from the Virginia Department of Environmental Quality transmitting the 10 year ozone maintenance plan for the Hampton Roads marginal ozone nonattainment area. (B) The ten year ozone maintenance plan including emission projections, control measures to maintain attainment and contingency measures for the Hampton Roads ozone nonattainment area adopted on August 27, 1996. (ii) Additional material. (A) Remainder of August 27, 1996 Commonwealth submittal pertaining to the redesignation request and maintenance plan referenced in paragraph (c)(117)(i) of this section. (118) Revision to the Virginia State Implementation Plan on January 27, 1997, by the Virginia Department of Environmental Quality: (i) Incorporation by reference. (A) A letter of January 27, 1997 from the Virginia Department of Environmental Quality transmitting the General Conformity Rule. (B) Virginia Regulation 9 VAC 5 Chapter 160—Regulation for General Conformity, effective Jauary 1, 1997. (ii) Additional Material from the Virginia's January 27, 1997 submittal pertaining to Regulation 9 VAC 5 Chapter 160. (119) The ten year ozone maintenance plan for the Richmond, Virginia ozone nonattainment area submitted by the Virginia Department of Environmental Quality on July 26, 1996: (i) Incorporation by reference. (A) Letter of July 26, 1996 from the Virginia Department of Environmental Quality transmitting the 10 year ozone maintenance plan for the Richmond moderate ozone nonattainment area. (B) The ten year ozone maintenance plan including emission projections, control measures to maintain attainment and contingency measures for the Richmond ozone nonattainment area adopted on July 26, 1996. (ii) Additional material. (A) Remainder of July 26, 1996 Commonwealth submittal pertaining to the redesignation request and maintenance plan referenced in paragraph (c)(119)(i) of this section. (120) Revisions to the State Implementation Plan submitted on April 9, 1996, August 8, 16, 19, 23, 1996, and March 26, 1997 by the Virginia Department of Environmental Quality regarding non-CTG VOC RACT requirements for six sources: (i) Incorporation by reference. (A) Letters submitted by the Virginia Department of Environmental Quality transmitting source-specific VOC RACT determinations in the form of consent agreements on the following dates: April 9, 1996, August 8, 16, 19, 23, 1996, and March 26, 1997. (B) Consent agreements: (1) Philip Morris—Blended Leaf, City of Richmond, VA, Consent Agreement Registration No. 50080, effective on February 27, 1996. (2) Philip Morris—Park 500, Chesterfield County, VA, Consent Agreement Registration No. 50722, effective on March 26, 1997. (3) Philip Morris Tobacco Manufacturing Center, City of Richmond, VA, Consent Agreement Registration No. 50076, effective on July 12, 1996. (4) Virginia Power—Chesterfield Station, Chesterfield County, VA, Consent Agreement Registration No. 50396, effective on May 30, 1996. (5) Hercules Incorporated—Aqualon Division, City of Hopewell, VA, Consent Agreement Registration No. 50363, effective on July 12, 1996. (6) Hopewell Regional Wastewater Treatment Facility, City of Hopewell, VA, Consent Agreement Registration No. 50735, effective on May 30, 1996. (ii) Additional material. (A) Technical Support Documents submitted as part of the RACT determinations in paragraph (c)(120) (i) of this section by the Commonwealth of Virginia on April 9, 1996, August 8, 16, 19, 23, 1996, and March 26, 1997. (121) Revisions to the State Implementation Plan submitted on August 12, 21, 26, 30, 1996, September 3, 1996 and March 27, 1997 by the Virginia Department of Environmental Quality regarding non-CTG VOC RACT requirements for six sources: (i) Incorporation by reference. (A) Letters submitted by the Virginia Department of Environmental Quality transmitting source-specific VOC RACT determinations in the form of Consent Agreements on the following dates: August 12, 21, 26, 30, 1996, September 3, 1996 and March 27, 1997. (B) Consent Agreements: (1) AlliedSignal Inc.—Hopewell Plant, City of Hopewell, VA, Consent Agreement Registration Number 50232, effective March 26, 1997; (2) AlliedSignal Inc.—Chesterfield Plant, Chesterfield County, VA, Consent Agreement Registration Number 50233, effective May 20, 1996; (3) Bear Island Paper Company, L.P., Hanover County, VA, Consent Agreement Registration Number 50840, effective July 12, 1996; (4) Stone Container Corporation Hopewell Mill, City of Hopewell, Virginia, Consent Agreement Registration Number 50370, effective May 30, 1996; (5) E.I. DuPont de Nemours and Company, Spruance Plant, Chesterfield County, Virginia, Consent Agreement Registration Number 50397, effective May 30, 1996; (6) ICI Americas, Inc. Film Division—Hopewell Site, Chesterfield County, Virginia, Consent Agreement Registration Number 50418, effective May 30, 1996. (ii) Additional material. (A) Technical Support Documents submitted as part of the RACT determinations in paragraph (c)(121)(i) of this section by the Commonwealth of Virginia on August 12, 21, 23, 26, 30, 1996, September 3, 1996 and March 27, 1997. (122) Revisions to the Virginia Regulations to terminate and rescind the 1983 alternative emission reduction plan for Bellwood Reclamation Plant submitted on November 12, 1997, by the Department of Environmental Quality: (i) Incorporation by reference. (A) Letter of November 12, 1997 from the Department of Environmental Quality transmitting a Consent Agreement to terminate the 1983 alternative emission reduction plan for the Bellwood Reclamation Plant. (B) Consent Agreement to terminate and rescind the 1983 alternative emission reduction plan for the Bellwood Reclamation Plant, signed and effective on November 7, 1997. (123) Revisions to the Virginia Regulations for the Prevention of Significant Deterioration submitted on March 20, 1997 by the Department of Environmental Quality: (i) Incorporation by reference. (A) Letter of March 20, 1997 from the Department of Environmental Quality transmitting a SIP revision for regulations for the Prevention Significant Deterioration. (B) Letter of February 18, 1993 from the Department of Air Pollution Control transmitting a SIP revision for regulations defining the prevention of significant deterioration areas. (C) Letter of January 13, 1998 from the Depart of Environmental Quality transmitting a SIP revisions to the Virginia Administrative Code numbering system. (D) The following provisions of the Virginia Regulations for the Control and Abatement of Air Pollution: (1) Regulations for Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas, 9 VAC 5–80–1700 through 9 VAC 5–80–1970, published in the Virginia Register of Regulations on November 25, 1996, effective January 1, 1997. (2) Appendix L to VR 120–01, renumbered as 9 VAC 5–20–205, Prevention of Significant Deterioration Areas, published in the Virginia Register of Regulations on December 2, 1991, effective January 1, 1992. (ii) Additional material. (A) Remainder of March 20, 1997 State submittal. (124)–(127) [Reserved] (128) Revision to the State Implementation Plan submitted on July 12, 1996 by the Virginia Department of Environmental Quality regarding VOC RACT requirements for one VOC source. (i) Incorporation by reference. (A) The letter dated July 12, 1996 from the Virginia Department of Environmental Quality submitting one source-specific VOC RACT determination in the form of a Consent Agreement for Tuscarora Incorporated. (B) Consent Agreement for Tuscarora Incorporated—Sterling, Loudoun County, VA, Consent Agreement, Registration Number 71814, effective on June 5, 1996. (ii) Additional Material: Remainder of the State submittal pertaining to Tuscarora Incorporated. (129) Revisions to the Virginia Regulations pertaining to permit requirements for new and modified stationary sources locating in nonattainment areas mandated under Title I, Sections 171–173 and 182 of the Clean Air Act submitted on November 9, 1992, by the Commonwealth of Virginia: (i) Incorporation by reference. (A) Letter of November 9, 1992, from the Commonwealth of Virginia, Department of Air Pollution Control transmitting revisions to the Virginia Regulations pertaining to permit requirements for new and modified stationary sources locating in nonattainment areas. (B) Commonwealth of Virginia State Air Pollution Control Board Regulations for the Control and Abatement of Air Pollution, Permits for Stationary Sources, Section 120–08–03. “Permits—Major Stationary Sources and Major Modifications Locating in Nonattainment Areas”. (Effective January 1, 1993). (ii) Additional materials—The remainder of the November 2, 1992 submittal pertaining to Regulation 120–08–03. (130) Revisions to the State Implementation Plan submitted on April 22, 1996 and October 9, 1998 by the Virginia Department of Environmental Quality regarding regulations for reasonably available control technology requirements to control volatile organic compound emissions from solvent metal cleaning operations using non-halogenated solvents. (i) Incorporation by reference. (A) The letters dated April 22, 1996 and October 9, 1998 from the Virginia Department of Environmental Quality transmitting revisions to the Virginia State Implementation Plan pertaining to Rule 4–24 (9 VAC 5–40–3260 et seq.) of 9 VAC 5 Chapter 40. (B) The amended version of Rule 4–24 (9 VAC 5–40–3260 et seq.) Emission Standards for Solvent Metal Cleaning Operations Using Nonhalogenated Solvents as adopted on December 19, 1995, published in the Virginia Register of Regulations (Volume 12, Issue 11) on February 19, 1996, and effective on April 1, 1997. (C) Amendments to 9 VAC 5–40–3260 Applicability and designation of affected facility of Rule 4–24 (9 VAC 5–40–3260 et seq.) Emission Standards for Solvent Metal Cleaning Operations Using Non-Halogenated Solvents adopted on January 8, 1997, published in the Virginia Register of Regulations (Volume 13, Issue 14) on March 31, 1997 and effective on April 1, 1997. (ii) Additional Materials—The remainders of the April 22, 1996 and October 1998 submittals which pertain to Rule 4-24 (9 VAC 5–40–3260 et seq.) Emission Standards for Solvent Metal Cleaning Operations Using Non-Halogenated Solvents. (131) Limited approval of revisions to the Virginia State Implementation Plan submitted on November 9, 1992 by the Virginia Department of Environmental Quality: (i) Incorporation by reference. (A) Letters of November 9, 1992 and December 11, 1992 from the Virginia Department of Environmental Quality transmitting Virginia rule 120–04–0408 to implement major source NOX RACT requirements in the Northern Virginia Emissions Control Area. (B) Virginia regulation 120–04–0408, “Standard for Nitrogen Oxides”, pertaining to major source NOX RACT requirements, effective on January 1, 1993. (C) Renumbering of previously SIP approved sections in rule 120–04: –0408 and –0409 to 120–04–0409 and –0410, respectively and previously SIP approved sections –0412 through –0418 to –0413 through –0419, respectively, effective January 1, 1993. (ii) Additional Material—Remainder of November 9, 1992 submittal and supplemental information submitted by the Virginia Department of Environmental Quality on December 11, 1992 and August 11, 1998 pertaining to 120–04–0408. (132) Limited approval of revisions to the Virginia State Implementation Plan submitted on November 9, 1992 and August 11, 1998 by the Virginia Department of Environmental Quality: (i) Incorporation by reference. (A) Letters of November 9, 1992, December 11, 1992 and August 11, 1998 from the Virginia Department of Environmental Quality transmitting Virginia regulation 9 VAC 5–40–311 (formerly Appendix T) establishing RACT requirements on major sources in the Northern Virginia Emissions Control Area. (B) Addition of Virginia regulation 9 VAC 5–40–311, sections A, B, C.1, C.2, C.3.b, and C.3.d–g and Errata pages, establishing RACT requirements for major sources of NOX in the Northern Virginia Emissions Control Area, effective on July 1, 1997. (ii) Additional Material—Remainder of November 9, 1992 submittal and supplemental information submitted by the Virginia Department of Environmental Quality on December 11, 1992 and August 11, 1998 pertaining to VAC 5–40–311. (133) [Reserved] (134) Revisions to the Virginia Regulations, Establishment of the Vehicle Emissions Inspection and Maintenance Program in the Northern Virginia Area, submitted on June 16, 1998, November 30, 1998, February 2, 1999 and February 22, 1999, by the Virginia Department of Environmental Quality: (i) Incorporation by reference. (A) Letter of June 16, 1998 from the Virginia Department of Environmental Quality transmitting an Enhanced Vehicle Emissions Inspection Program for the Northern Virginia Area. (B) Regulations for the Enhanced Motor Vehicle Emissions Inspection Program in the Northern Virginia Area: 9 VAC 5–91–10 et seq. (C) Letter of November 30, 1998 from the Virginia Department of Environmental Quality transmitting an Alternative Program Credit Evaluation Program. (D) Letter of February 2, 1999 from the Virginia Department of Environmental Quality, transmitting an Evaluation of Virginia's Enhanced I/M Program Credits. (E) Letter of February 22, 1999 from the Virginia Department of Environmental Quality, supplementing the November 30, 1998 transmittal. (ii) Additional material. (A) Remainder of June 16, 1998 submittal, (B) Remainder of November 30, 1998 submittal, as supplemented on February 22, 1999, and (C) Remainder of February 2, 1999 submittal. (135) Revisions to the Virginia Regulations for the adoption of the National Low Emission Vehicle Program submitted on May 27, 1999 by the Department of Environmental Quality: (i) Incorporation by reference. (A) Letter of May 27, 1999 from the Department of Environmental Quality transmitting Virginia's plan for adoption of a National Low Emission Vehicle Program. (B) Regulation for a National Low Emission Program, codified at 9 VAC 5–200 of the Virginia Code, effective on April 14, 1999, to add: 9 VAC 5–200–10, Paragraphs A, B, and C; and 9 VAC 5–200–20; and 9 VAC 5–200–30. (ii) Additional Material.—Remainder of May 27, 1999 submittal pertaining to the National Low Emissions Vehicle Program. (136) Revisions to the Virginia Regulations, to relegate the oxygenated gasoline program to a carbon monoxide contingency measure, submitted on April 30, 1997 by the Virginia Department of Environmental Quality: (I) Incorporation by reference. (A) Letter of April 30, 1997 from the Virginia Department of Environmental Quality transmitting the oxygenated gasoline regulation amendments as a SIP revision. (B) Revisions to 2 VAC 5 Chapter 480, Section 20, Applicability. These revisions became effective November 1, 1996. (ii) Additional Material.—Remainder of April 30, 1997 submittal [37 FR 10899, May 31, 1972. Redesignated and amended at 65 FR 21320, Apr. 21, 2000] Editorial Note: For Federal Register citations affecting §52.2465, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart WW—Washington top § 52.2470 Identification of plan. top (a) Title of plan: “A Plan for the Implementation, Maintenance and Enforcement of National Ambient Air Quality Standards in the State of Washington.” (b) The plan was officially submitted on January 28, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Contingency request for a two year extension for carbon monoxide and nitrogen dioxide in the Puget Sound Intrastate Region and for carbon monoxide in the Eastern Washington-Northern Idaho Interstate Region submitted on January 28, 1972, by the Governor. (2) Request for a two year extension, delegation of legal authority and amendments to the implementation plan submitted on May 5, 1972, by the Governor. (3) Notices of public hearings and certifications that hearings were held regarding implementation plan matters submitted on July 18, 1972, by the Department of Ecology. (4) Clarifying submission (Non-regulatory) to the implementation plan submitted on September 11, 1972, by the Governor. (5) Compliance schedules submitted on December 12, 1972, by the Washington Department of Ecology. (6) Compliance schedules, revisions to WAC 18–04, 18–12 and 18–40, and a new regulation WAC 18–06 submitted on February 15, 1973, by the Governor. (7) Transportation control plan submitted on April 13, 1973, by the Governor. (8) Revisions to the transportation control plan submitted on May 31, 1973, by the Governor. (9) Compliance schedules submitted on July 25, 1973, by the Department of Ecology. (10) Indirect source plan submitted on October 11, 1973, by the Department of Ecology. (11) Indirect source regulation (WAC 18–24) submitted on June 14, 1974, by the Governor. (12) Air quality maintenance area designation submitted on May 31, 1974, by the Washington Department of Ecology. (13) Revisions to the State and local agency open burning regulations submitted on September 10, 1973, by the Department of Ecology. (14) Information regarding the approval of the revised open burning regulations submitted on May 23, 1975, by the Department of Ecology. (15) Revision to section 9.05(c) of Regulation I of the Olympic Air Pollution Control Authority submitted November 6, 1975 by the Governor. (16) On April 4, 1979 the State of Washington Department of Ecology submitted a request to extend for eighteen months the date for plan submission for all secondary total suspended particulate nonattainment areas. (17) On June 26, 1975 the Governor submitted amendments to WAC 18–24 “State jurisdiction over Motor Vehicles” which repealed the program for preconstruction review and approval of indirect sources, leaving only Sections 020—Definitions and 030—Assumption of Jurisdiction. On April 27, 1979 the Governor submitted revisions required by Part D of the Clean Air Act as amended in 1977, specifically: plans for the Seattle primary total suspended particulate (TSP) nonattainment area, the Tacoma primary TSP nonattainment area, the Seattle-Tacoma carbon monoxide (CO) and ozone nonattainment areas (along with a request for an extension of the attainment dates to beyond December 31, 1982), the Spokane primary TSP nonattainment area, the Clarkston primary TSP nonattainment area, the Vancouver primary TSP nonattainment area, and the Yakima CO nonattainment area; revisions to State and local regulations for nonattainment areas (WAC 173–400–010, 173–400–020, 173–400–030, 173–400–040 (except (13)), 173–400–050, 173–400–060, 173–400–070, 173–400–090, 173–400–100, 173–400–110, and 173–400–120; WAC 173–420; WAC 173–425, WAC 173–490 (except 173–150); Puget Sound Air Pollution Control Agency Regulation I, Articles 1, 3, 6, 9 (Sections 9.02, 9.02A, 9.03, 9.04, 9.05, 9.06, 9.07(d), 9.07(e), and 9.09); Northwest Air Pollution Control Authority Regulation Section 455.11; and Spokane County Air Pollution Control Authority Regulation Article IV, Section 4.01); and the rescission of State and local agency regulations which duplicated applicable Federal or State regulations for nonattainment areas (WAC 18–04–010, 18–04–020, 18–04–030, 18–04–040, 18–04–050, 18–04–060, 18–04–070, 18–04–090, 18–04–100, 18–04–110, and 18–04–120; WAC 18–06; WAC 18–12; WAC 18–20; WAC 18–24; WAC 18–28; WAC 18–32; WAC 18–40; WAC 18–44; WAC 18–46; WAC 18–48; WAC 18–56; WAC 18–60; Puget Sound Air Pollution Control Agency Regulation I, Articles 5, 9 (Sections 9.07(a), 9.07(b), 9.11, 9.12, 9.13, 9.15, and 9.16), and 11; Spokane County Air Pollution Control Authority Regulations I and II (except Article IV, Section 4.01); Northwest Air Pollution Authority Regulations 1 and 2 and Section 501 Southwest Air Pollution Control Agency Regulations 1 and 2; Olympic Air Pollution Control Agency Regulation I; Yakima County Clean Air Authority Regulation 1; Grant County Clean Air Authority Regulation; Benton-Franklin-Walla Walla Air Pollution Control Agency Regulation; and Douglas County Air Pollution Control Commission Article V, Section 5.01). On May 18, 1979 the State of Washington Department of Ecology submitted corrections to the Puget Sound area emission inventory in the April 27, 1979 submittal. On June 20, 1979 the Governor submitted the plan for the Vancouver ozone nonattainment area including a request for an extension of the attainment date to beyond December 31, 1982. On December 21, 1979 the State of Washington Department of Ecology submitted statutory authority for an automobile inspection and maintenance program and a detailed schedule for its implementation. On May 1, 1980 the State of Washington Department of Ecology submitted revised statutory language pertaining to State legal authority. (18) On April 1, 1980 the State of Washington Department of Ecology submitted revisions to the regulations for Kraft Pulping Mills (WAC 173–405–011; 173–405–021; 173–405–031(1), (4), (5) and (6); 173–405–036(1), (2) and (4); 173–405–061; 173–405–071(2), (3), (4)(d), (4)(e) and (5); 173–405–077; 173–405–078; 173–405–086; and 173–405–101), Sulfite Pulping Mills (WAC 173–410–011; 173–410–021; 173–410–031; 173–410–036(1), (2) and (4); 173–410–041; 173–410–061 (1) through (8); 173–410–067; 173–410–071; 173–410–086; and 173–410–091), and Primary Aluminum Plants (WAC 18–52–010; 18–52–016; 18–52–021; 18–52–031 (2) and (4); 18–52–036(1); 18–52–056; 18–52–061; 18–52–071(1)(c), (1)(f), and (2); 18–52–077; and 18–52–086) and rescission of old regulations (WAC 18–36–010, 18–36–020, 18–36–030, 18–36–040, 18–36–050, 18–36–060, 18–36–070, 18–36–080, 18–36–090 and 18–36–100; WAC 18–38–010, 18–38–020, 18–38–030, 18–38–040, 18–38–050, 18–38–060, 18–38–070, 18–38–080 and 18–38–090; and WAC 18–52–015, 18–52–020, 18–52–030 (except (3)), 18–52–040, 18–52–060, 18–52–070 and 18–52–080) to satisfy the requirements of Part D of the Clean Air Act. (19) On April 27, 1979 the Governor submitted the plan for the Spokane carbon monoxide (CO) nonattainment area. On September 10, 1980 the State of Washington Department of Ecology submitted a revised transportation control plan for the Spokane CO nonattainment area. (20) On March 5, 1980 the State of Washington Department of Ecology submitted a plan revision to meet the requirements of 40 CFR part 58, subpart C, §58.20 Air Quality Monitoring. (21) On April 27, 1979 the Governor submitted a provision for maintenance of pay (WAC 173–400–160). (22) On June 24, 1980 the State of Washington Department of Ecology submitted a new regulation WAC 173–402 “Civil Sanctions Under Washington Clean Air Act”. On July 30, 1980 the State of Washington Department of Ecology submitted revisions to WAC 173–400 (specifically 173–020; 173–030; 173–040 (except (13)); 173–050; 173–060; 173–070; 173–090; 173–100; 173–110; and 173–120), WAC 173–405 (specifically 173–012; 173–021; 173–040 (1), (2), (3), (4), (5), (6) and (17); 173–072(1), (4) and (5); 173–077, 173–086; and 173–101; and rescission of 173–011; 173–031 (1), (4), (5) and (6); 173–036 (1), (2) and (4); 173–061; 173–071 (2), (3), (4)(d), (4)(e) and (5); and 173–078), WAC 173–410 (specifically 173–012; 173–021; 173–040 (1), (2), (3), (5) and (16); 173–062 (1), (2) and (3); 173–067; 173–086; 173–090; and 173–091; and rescission of 173–011; 173–031; 173–036 (1), (2) and (4); 173–041; 173–061 (1) through (8); and 173–071), WAC 173–415 (specifically 173–010; 173–020; 173–030(2)(b), (4), (5), (7) and (11); 173–050; 173–060(1)(c) and (2); 173–070; and 173–090), WAC 173–490 (specifically 173–010; 173–020; 173–025; 173–030; 173–040; 173–070; 173–071; and 173–080), rescission of old WAC 18–52 (specifically 18–010; 18–016; 18–021; 18–030(3); 18–031 (2) and (4); 18–036(1); 18–056; 18–061; 18–071(1)(c), (1)(f) and (2); 18–077; and 18–086), and revisions to the Seattle-Tacoma carbon monoxide, Seattle-Tacoma ozone, Vancouver ozone, Seattle primary total suspended particulate (TSP), Tacoma primary TSP, Vancouver primary TSP, Spokane primary TSP and Clarkston primary TSP nonattainment area plans, in order to satisfy the conditions of approval published on June 5, 1980 and July 31, 1980. On November 7, 1980 the State of Washington Department of Ecology submitted clarifying information, including the designated “no burn” areas for the Seattle, Tacoma and Spokane TSP nonattainment areas to satisfy the conditions of approval published on June 5, 1980. On January 13, 1981 the State of Washington Department of Ecology submitted further revisions to WAC 173–400–110 and WAC 173–490–020 and 173–490–040 in order to satisfy the conditions of approval published on June 5, 1980. (23) On August 17, 1979 and July 30, 1980 the Governor submitted revisions to the State of Washington Implementation Plan to provide authority to the Energy Facility Site Evaluation Council to implement the plan required by section 110 of the Clean Air Act for energy facilities, specifically, statutory authority (80.50 RCW), applicable regulations (WAC 463–39–010; 463–39–020; 463–39–030 (except (4), (7), (10), (24), (25), (30), (35) and (36)); 463–39–040 (except introductory paragraph); 463–39–050; 463–39–060; 463–39–080; 463–39–100; 463–39–110 (except (1), first two sentences of (3)(b), (3)(c), (3)(d) and (3)(e)); 463–39–120; 463–39–130; 463–39–135; 463–39–150; and 463–39–170), and a Memorandum of Agreement between the Energy Facility Site Evaluation Council and the State of Washington Department of Ecology describing program implementation. On May 28, 1981, the Energy Facility Site Evaluation Council submitted an Attorney General's opinion certifying that 80.50 RCW provided sufficient enabling authority to meet the requirements of the Clean Air Act. (24) On November 17, 1981 the State of Washington Department of Ecology submitted a revision to the plan for the Spokane carbon monoxide nonattainment area, including a schedule for the implementation of an expanded transit service to satisfy the condition of approval published on December 24, 1980. (25) On July 30, 1980 the State of Washington Department of Ecology submitted revisions to the regulations for sources of volatile organic compounds (VOC), specifically WAC 173–490–200, 173–490–201, 173–490–202, 173–490–203, 173–490–204, 173–490–205 (except (d)), 173–490–206 and 173–490–207. On January 13, 1981 the State of Washington Department of Ecology submitted a further revision to WAC 173–490–203. On June 25, 1981 the State of Washington Department of Ecology submitted VOC source test methods. On November 13, 1981 the State of Washington Department of Ecology submitted clarifying information on the regulations for sources of VOC. (26) On July 16, 1982 the State of Washington Department of Ecology submitted an attainment plan for the Vancouver ozone nonattainment area and amendments to the regulations for sources of volatile organic compounds (WAC–490–020, 490–025, 490–9040, 490–080, 490–203, 490–204, 490–205 and 490–208, and rescission of 490–206). (27) On July 16, 1982 the State of Washington Department of Ecology submitted attainment plans for the Seattle-Tacoma ozone nonattainment area and the Seattle carbon monoxide (CO) nonattainment area, including regulations for motor vehicle emission inspection (WAC 173–422) and the Puget Sound Air Pollution Control Agency regulation for sources of volatile organic compounds (Regulation II). On December 1, 1982 the State of Washington Department of Ecology submitted procedures by which conformity of Federal projects with the Seattle-Tacoma ozone and Seattle CO plans will be determined. (28) Amendments to page III–D–2 (TABLE 8—DEPARTMENT OF ECOLOGY SOURCE TEST METHODS WHICH ARE USED FOR COMPLIANCE) of the Washington State Implementation Plan, submitted by the State Department of Ecology on July 23, 1984. (29) On September 13, 1983 the State of Washington Department of Ecology submitted a revision to add a lead strategy to the Washington Implementation Plan. (30) On June 15, 1984 the Washington Department of Ecology submitted a demonstration of attainment of the lead standard for the area around a primary copper smelter in Tacoma, Washington. (31) On June 16, 1983, the State of Washington Department of Ecology submitted to EPA, the Tacoma carbon monoxide attainment plan as an official SIP revision. This plan builds upon the July 16, 1982, Ozone SIP for the Puget Sound area. (32) On September 27, 1984 the State of Washington Department of Ecology submitted a revision to the approved lead SIP which revised the demonstration of attainment for the secondary lead smelter in Seattle. (33) On January 16, 1984 the Washington Department of Ecology submitted revisions to the approved SIP which added the PSAPCA emission offset and banking program to the approved SIP regulations. The revisions consisted of new section 1.07(s), 1.07(rr), 1.07(xx), 6.07(b)(7) and 6.08 of PSAPCA Regulation I. (34) A revision to the Washington State Implementation Plan was submitted by the Director of the Washington Department of Ecology on September 27, 1984. The revision adds a mandatory Vehicle Inspection and Maintenance program to the Spokane Carbon Monoxide Plan. (i) Incorporation by reference. (a) Amendments to Chapter 173–422 Washington Administrative Code, Motor Vehicle Emission Inspection, which was published on April 18, 1984. (ii) Additional material. (a) Technical Support Document as prepared by the Washington State Department of Ecology in support of approval dated January 11, 1985. (35) On February 21, 1985 the State of Washington Department of Ecology submitted revisions to Regulation II, specifically, §§1.02, 2.13, 3.11 and 4.02, and “Monitoring and Reporting Procedures for VOC Sources” as adopted in Puget Sound Air Pollution Control Agency Resolution 568. (i) Incorporation by reference. (A) Letter dated February 21, 1985 from the Washington Department of Ecology to EPA Region 10. (B) Resolution 568—Revisions to Regulation II and “Monitoring and Reporting Procedures for VOC Sources” as adopted by the Puget Sound Air Pollution Control Agency on December 13, 1984. (36) Washington State's Visibility Protection Program, except Section V. B. New Source Review, Appendix A—Proposed Best Available Retrofit Technology Regulation and Appendix B—Proposed New Source Review Regulations, submitted by the Director of the Washington Department of Ecology on January 5, 1984; certain provisions of 173–403 WAC Implementation of Regulations for Air Contaminant Sources, specifically, WAC 173–403–030(2), (9), (11), (24), (25), (31), (42), (46), (51), and (52), submitted by the Director of the Washington Department of Ecology on April 1, 1985; WAC 173–403–090, submitted by the Director of the Washington Department of Ecology on September 6, 1983; and the State of Washington Department of Natura1 Resources Smoke Management Program, submitted by the Director of the Washington Department of Ecology on April 27, 1979, and January 5, 1984. (i) Incorporation by reference. (A) Letter dated April 1, 1985, from the Director of the State of Washington Department of Ecology to EPA. Provisions of WAC 173–403–030 (Definitions) introductory text, (2), (9), (11), (24), (25), (31), (42), (46), (51), and (52), adopted by the State of Washington Department of Ecology on February 14, 1985. (B) Letter dated September 6, 1983, from the Director of the State of Washington Department of Ecology to EPA. WAC 173–403–090 (“Retrofit Requirements for Visibility Protection”), adopted by the State of Washington Department of Ecology on August 25, 1983. (C) Letter dated January 5, 1984, from the Director of the State of Washington Department of Ecology to EPA. “Washington State's Visibility Protection Program (10/3/83),” except Section V. B. “New Source Review,” Appendix A—“Proposed Best Available Retrofit Technology Regulation” and Appendix B—“Proposed New Source Review Regulations” adopted by the State of Washington Department of Ecology on January 5, 1984; (D) Appendix K (“The State of Washington Department of Natural Resources Air Quality-Prescribed Burning Smoke Management Program”) revised June 1975. (37) On April 28, 1983, the State of Washington Department of Ecology submitted amendments to the State of Washington sulfur dioxide emission limitation. These amendments clarify the averaging time for the sulfur dioxide emission limitation in WAC 173–400–040(6). (i) Incorporation by reference. (A) Letter dated April 28, 1983, from the Director of the Department of Ecology to EPA Region 10 amending the State of Washington State Implementation Plan. (B) Washington Administrative Code [WAC] Chapter 173–400 [General Regulations for Air Pollution Sources], –040 [General Standard for Maximum Emissions], (6) [Sulfur Dioxide] introductory sentence adopted into state law by the State of Washington Department of Ecology on March 30, 1983 and became effective on May 11, 1983. (38) On January 23, 1989 and May 14, 1991 the Director of the Department of Ecology submitted amended regulations as revisions to the Washington state implementation plan. EPA has approved the following as revisions to the implementation plan: WAC 173–400 (except for –040(1) (c) and (d); –040(2); –040(4); the second paragraph of –040(6); the exception provision in –050(3); –070(7); –075; –115; –120; –131; –136; –141; and –180) as in effect on March 22, 1991; the repeal of WAC 173–403 as in effect on March 22, 1991; WAC 173–405 (except for –033; –035; –040(1)(b); –040(1)(c); –040(3)(b); –040(3)(c); –040(4); –040(7); –040(8); –040(9); and –072(2)) as in effect on March 22, 1991; WAC 173–410 (except for –035; the exception provision in –040(3); and –040(5)) as in effect on March 22, 1991; WAC 173–415 (except for –020(1); –020(2); –030(1); –030(3)(b); –040; and –060(1) (a), (b), and (d)) as in effect on March 22, 1991; WAC 173–425 as in effect on October 18, 1990; WAC 173–430 as in effect on October 18, 1990; WAC 173–433 as in effect on October 18, 1990; WAC 173–434 (except for –110, –120, and –130(2)) as in effect on October 18, 1990; WAC 173–435 (except for –070(1)); as in effect on January 3, 1989; WAC 173–440 as in effect on October 18, 1990; WAC 173–470 (except for –110 and –150) as in effect on January 3, 1989. (i) Incorporation by reference. (A) January 23, 1989, letter from the Director of the Department of Ecology to EPA Region 10 submitting amendments to the Washington state implementation plan. (B) May 14, 1991, letter from the Director of the Department of Ecology to EPA Region 10 submitting amendments to the Washington state implementation plan. (C) Washington Administrative Code, Chapter 173–400 (General Regulations for Air Pollution Sources) (except for –040(1) (c) and (d), –040(2), –040(4), the second paragraph of –040(6), the exception provision in –050(3), –070(7), –075, –115, –120, –131, –136, –141, and –180) as in effect 3/22/91; Washington Administrative Code, Chapter 173–405 (Kraft Pulp Mills) (except for –033; –035; –040(1)(b), (1)(c), (3)(b), (3)(c), and (4); –040 (7), (8), and (9); and –072(2)) as in effect 3/22/91; Washington Administrative Code Chapter 173–410 (Sulfite Pulping Mills) (except for 035; the exception provision in –040(3); and –040(5)) as in effect 3/22/91; Washington Administrative Code Chapter 173–415 (Primary Aluminum Plants) (except for –020 (1) and (2); –030(1); –030(3)(b); –040; and –060(1) (a), (b), and (d)) as in effect 3/22/91; Washington Administrative Code Chapter 173–425 (Open Burning) as in effect 10/18/90; Washington Administrative Code Chapter 173–430 (Burning of Field and Forage and Turf Grasses Grown for Seed) as in effect 10/18/90; Washington Administrative Code Chapter 173–433 (Solid Fuel Burning Device Standards) as in effect 10/18/90; Washington Administrative Code Chapter 173–434 (except for –110, –120, and –130(2)) as in effect 10/18/90; Washington Administrative Code Chapter 173–435 (Emergency Episode Plan) (except for–070(1)) as in effect 1/3/89; Washington Administrative Code Chapter 173–440 (Sensitive Areas) as in effect 10/18/90; and Washington Administrative Code Chapter 173–470 (Ambient Air Quality Standards for Particulate Matter) (except for –110 and –150) as in effect 1/3/89. (39) On May 14, 1991, the Director of the Department of Ecology submitted revisions to the State of Washington Implementation plans for volatile organic compound emissions (WAC 173–490 “Emission Standards and Controls for Sources Emitting Volatile Compounds”) attainment from stationary sources in ozone nonattainment areas. (i) Incorporation by reference. (A) May 14, 1991, letter from Washington Department of Ecology to EPA Region 10 submitting the VOC nonattainment area state implementation plan for Washington. (B) WAC 173–490 “Emission Standards and Controls for Sources Emitting Volatile Compounds” as adopted on February 19, 1991, and became effective on March 22, 1991. (40) On November 15, 1991, EPA received the Washington Department of Ecology submission for a PM10 nonattainment area state implementation plan for Kent, Washington. (i) Incorporation by reference. (A) November 5, 1990, letter from Washington Department of Ecology to EPA Region 10 submitting the PM10 nonattainment area state implementation plan for Kent, Washington. (B) The PM10 nonattainment area state implementation plan for Kent, Washington as adopted by the Washington Department of Ecology on November 3, 1990, and effective on November 3, 1991. (C) December 27, 1990, letter from Washington Department of Ecology to EPA Region 10 submitting an addendum to the PM10 nonattainment area state implementation plan for Kent, Washington. (D) PM10 SIP addendum, dated June 5, 1990, to the PM10 Kent, Washington state implementation plan. (E) November 15, 1991, letter from Washington Department of Ecology to EPA Region 10 submitting a supplement to the PM10 nonattainment area state implementation plan for Kent, Washington. (F) PM10 SIP supplement, dated November 1991, to the PM10 Kent, Washington state implementation plan. (41) On February 17, 1989, and November 15, 1991, the State of Washington Department of Ecology submitted PM10 nonattainment area state implementation plan revisions for Thurston County, Washington. (i) Incorporation by reference. (A) February 17, 1989, letter from Washington Department of Ecology to EPA Region 10 submitting the PM10 nonattainment area state implementation plan for Thurston County, Washington. (B) The PM10 nonattainment area state implementation plan for Thurston County, Washington, as adopted by the Washington Department of Ecology on February 8, 1989. (C) November 15, 1991, letter from Washington Department of Ecology to EPA Region 10 submitting revisions to the PM10 nonattainment area state implementation plan for Thurston County, Washington. (D) Revision to the PM10 nonattainment area state implementation plan for Thurston County, Washington, as adopted by the Washington Department of Ecology on November 14, 1991. (42) On January 22, 1993, the State of Washington Department of Ecology submitted revisions to the State Implementation Plan for the State of Washington addressing the attainment and maintenance of the National Ambient Air Quality Standards for carbon monoxide in the King, Pierce, Snohomish, Clark and Spokane Counties. (i) Incorporation by reference. (A) January 22, 1993, letters from the State of Washington Department of Ecology to EPA Region 10 submitting amendments to the Washington State Implementation Plan for Carbon Monoxide in the King, Pierce, Snohomish, Clark, and Spokane Counties. (B) Supplements to the State Implementation Plan for Washington State—a plan for attaining and maintaining National Ambient Air Quality Standards (NAAQS) for the Spokane Carbon Monoxide Nonattainment Area, Vancouver Air Quality Maintenance Area, and Puget Sound Carbon Monoxide Nonattainment Area, adopted on January 22, 1993. (C) State Regulations Appendix B-Part 2, “Motor Fuel Specifications for Oxygenated Gasoline, Chapter 173–492 WAC,” of the Washington State SIP appendices, adopted October 6, 1992. (D) State Policies and Guidelines Appendix D, “Oxygenated Gasoline Program, Implementation Guidelines, Washington State Department of Ecology, September 1992.” (43) On September 11, 1992 and October 8, 1993 the Director of the WDOE submitted revisions to PSAPCA's rules for the control of air pollution in Pierce, King, Snohomish, and Kitsap Counties, Washington as revisions to the Washington SIP. These revisions superseded and replaced previously submitted rules by PSAPCA. (i) Incorporation by reference. (A) September 11, 1992 letter from the Director of WDOE to EPA Region 10 submitting revisions to PSAPCA's rules for the control of air pollution in King, Pierce, Snohomish, and Kitsap Counties, Washington, for inclusion into the Washington SIP. (B) Regulations I, II, and III as adopted by the Board of Directors, PSAPCA, and submitted through the WDOE to EPA Region 10, as a revision to the SIP, with a WDOE adopted date of September 16, 1992. (C) October 8, 1993 letter from the Director of WDOE to EPA Region 10 submitting revisions to PSAPCA's rules for the control of air pollution in King, Pierce, Snohomish, and Kitsap Counties, Washington, for inclusion into the Washington SIP. (D) Regulations I, II, and III as adopted by the Board of Directors, PSAPCA, and submitted through WDOE to EPA Region 10, as a revision to the SIP, with a WDOE adopted date of October 18, 1993. (44) On September 22, 1993, the state of Washington, through the Washington State Department of Ecology, submitted a request to redesignate Tacoma to attainment for sulfur dioxide (SO2). (i) Incorporation by reference. (A) September 22, 1993 letter from Washington State Department of Ecology to EPA Region 10 submitting a redesignation request for the Tacoma SO2 Air Quality Maintenance Area (AQMA). (45) On November 16, 1992 the Director of the Washington State Department of Ecology submitted “State Implementation Plan for the Washington State Business Assistance Program,” adopted November 13, 1992, as a revision to the Washington SIP. (i) Incorporation by reference. (A) November 13, 1992 letter from the Director of the Washington State Department of Ecology submitting “State Implementation Plan for the Washington State Business Assistance Program” to EPA. (B) State Implementation Plan for the Washington State Business Assistance Program, including Appendix B, Revised Code of Washington (RCW) 70.94.035; Appendix D, Washington Administrative Code 173–400–180; Appendix E, RCW 70.94.181; and Appendix F, Business Assistance Program Guidelines (and exluding Appendices A, C, and G), dated November 1992, and adopted November 13, 1992. (46) On January 28, 1993 the State of Washington submitted a SIP revision for the purpose of implementing an emission statement program for stationary sources within the Vancouver Air Quality Maintenance Area and the Central Puget Sound Ozone Nonattainment Area. The implementation plan was submitted by the State to satisfy the Federal requirements for an emission statement program as part of the SIP for Washington State. (i) Incorporation by reference. (A) Letters dated January 22, 1993 from the Director of the Washington Department of Ecology to EPA Region 10 amending the Washington SIP for both the Vancouver and Central Puget Sound areas. (B) “Supplement to the SIP for Washington State, A Plan for Attaining and Maintaining National Ambient Air Quality Standards for Ozone in Central Puget Sound,” sections 6.0, 6.1, and 6.2, adopted January 22, 1993. (C) “Supplement to the SIP for Washington State, A Plan for Attaining and Maintaining National Ambient Air Quality Standards for Ozone in the Vancouver Air Quality Maintenance Area,” sections 7.0, 7.1, 7.2, and 7.3, adopted January 22, 1993. (47) On November 5, 1990, December 27, 1990, November 15, 1991 and May 11, 1994 the Director of WDOE submitted to EPA SIP revisions for the purpose of bringing about attainment of the National ambient air quality standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM–10). The implementation plan was submitted by the State to satisfy certain Federal Clean Air Act requirements for an approvable moderate nonattainment area PM–10 SIP for Seattle, Washington. (i) Incorporation by reference. (A) Letters dated November 5, 1990, December 27, 1990, November 13, 1991 and May 2, 1994, from WDOE to EPA submitting the revisions to the SIP for the State of Washington. (B) Revisions to the Washington SIP for the purpose of bringing about attainment of the National ambient air quality standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM–10): (1) A Plan for Attaining and Maintaining the National Ambient Air Quality Standard for PM–10 in the Seattle Duwamish Valley, September 1989, adopted November 3, 1990; (2) Resolution No. 639 (amendments to the PM–10 attainment and maintenance strategy), adopted December 8, 1988; (3) State Implementation Plan for Particulate Matter in the Seattle Duwamish Valley, Supplement, dated November 199l, adopted November 14, 1991; and (4) State Implementation Plan for Particulate Matter in the Seattle Duwamish Valley, Supplement, dated January 1, 1994, adopted May 4, 1994. (48) On November 15, 1991, the Director of WDOE submitted to EPA a PM–10 nonattainment area SIP revision for the purpose of bringing about attainment of the National ambient air quality standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM–10). The implementation plan was submitted by the State to satisfy certain Federal Clean Air Act requirements for an approvable moderate nonattainment area PM–10 SIP for Tacoma, Washington. (i) Incorporation by reference. (A) Letters dated November 13, 1991 and June 30, 1994 from WDOE to EPA submitting revisions to the State of Washington SIP. (B) State Implementation Plan for Particulate Matter in the Tacoma Tideflats, Pierce County, including appendices A-F, dated November 1991, and adopted November 14, 1991. (49) On November 10, 1993, the State of Washington Department of Ecology submitted a CO State Implementation Plan for Clark County, Washington. (i) Incorporation by reference. (A) November 10, 1993 letter from the State of Washington Department of Ecology to EPA Region 10 submitting the CO State Implementation Plan for Clark County, Washington. (B) Supplement to a Plan for Attaining and Maintaining National Ambient Air Quality Standards for Carbon Monoxide in the Vancouver Air Quality Maintenance Area, Replacement Pages, as adopted by the Washington State Department of Ecology on November 15, 1993. (50) By a letter dated December 29, 1993, the Director of WDOE submitted to the Regional Administrator of EPA a revision to the Washington SIP updating the regulations from the Northwest Air Pollution Authority. (i) Incorporation by reference. (A) The December 29, 1993 letter from the Director of the Washington State Department of Ecology submitting the Northwest Air Pollution Authority Regulations as a revision to the Washington SIP. (B) Regulations of the Northwest Air Pollution Authority—sections 100, 101, 102, 103, 104.1, 105, 106, 110, 111, 112, 113, 114, 120, 121, 122, 123, 124, 130, 131, 132, 133, 134, 135, 140, 145, 150, 180, 200, 300, 301, 302, 303, 310, 320, 321, 322, 323, 324, 325, 340, 341, 342, 360, 365, 366, 400, 401, 410, 420, 421, 424, 450, 451, 452 (except for 452.5.), 455, 458, 460, 462, 466, 510, 520, 550, 560, and 580, effective on September 8, 1993. (51) On April 11, 1994 the Washington Department of Ecology (WDOE) submitted the Southwest Air Pollution Control Authority (SWAPCA) 400 General Regulations for Air Pollution Sources as a revision to the Washington State Implementation Plan (SIP). (i) Incorporation by reference. (A) April 11, 1994 letter from the Director of WDOE to EPA Region 10 submitting the Southwest Air Pollution Control Authority SWAPCA 400 Regulation, General Regulations for Air Pollution Sources. (B) Regulations of the Southwest Air Pollution Control Authority—Sections 010; 020; 030 except the second sentences of (14) and (43); 040 except (1)(c) and (1)(d) (2) (4) and the exception provision of (6)(a); 050 except the exception provision of (3); 052; 060; 070 except (7); 081; 090; 100 except the first sentence of (3)(a)(iv) and (5); 101; 105; 107; 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 220; 230; 240; 250; and 260, effective on November 8, 1993. (52) On December 6, 1994, the Director of WDOE submitted to EPA a contingency measure SIP revision for the Puget Sound Carbon Monoxide Nonattainment Area to satisfy certain applicable requirements of the Act. (i) Incorporation by reference. (A) Letter dated November 30, 1994 from WDOE to EPA submitting the CO revision for the Puget Sound area and, “A Plan for Attaining and Maintaining National Ambient Air Quality Standards for the Puget Sound Carbon Monoxide Nonattainment Area,” replacement pages 10–1 through 10–3, dated November 16, 1994, adopted November 29, 1994, and Attachment B of Addendum E, “Contingency Measure Plan Element for the Central Puget Sound Region Carbon Monoxide State Implementation Plan—Final Plan,” pages 1–15, dated May 26, 1994, and adopted November 29, 1994. (53) Various minor revisions consisting of amended regulations affecting a local air agency, the Puget Sound Air Pollution Control Agency, and a recodified Table of Contents for the SIP were submitted to EPA from WDOE for inclusion into the Washington SIP. (i) Incorporation by reference. (A) Letters dated April 28, May 25, and December 5, 1994 from the Director of the Washington State Department of Ecology to the EPA Regional Administrator submitting minor revisions to PSAPCA's regulations for inclusion into the SIP: Puget Sound Air Pollution Control Agency, Regulations I, II, and III, adopted on May 4, 1994; Puget Sound Air Pollution Control Agency, Regulations I, II, and III, adopted on May 25, 1994; and Puget Sound Air Pollution Control Agency, Regulations I, II, and III, adopted on December 8, 1994. (B) Letter dated January 26, 1995 from the Director of the Washington State Department of Ecology to the EPA Regional Administrator submitting the Recodified SIP Table of Contents, dated January 1995, and adopted on February 1, 1995. (54) On March 8, 1994, the Director of WDOE submitted to the Regional Administrator of EPA numerous revisions to the State of Washington Implementation Plan which included updated new source review regulations and provisions for voluntary limits on a source's potential to emit. The revisions were submitted in accordance with the requirements of section 110 and Part D of the Clean Air Act (hereinafter the Act). (i) Incorporation by reference. (A) March 8, 1994 and May 8, 1995 letters from WDOE to EPA submitting requests for revisions to the Washington SIP consisting of an amended state regulation; Chapter 173–400 Washington Administrative Code General Regulations for Air Pollution Sources, adopted on August 20, 1993, in its entirety with the exception of the following sections: –040(1)(c) and (d); –040(2); –040(4); the second paragraph of –040(6); the exception provision in –050(3); –070(7); –075; –112(8); –113(5); –114; –115; –120; –131; –136; –141; and –180. (55) On January 22, 1993 the Director of the Washington State Department of Ecology (WDOE) submitted the amendment to the Washington SIP for Carbon Monoxide (CO) in the King, Pierce, and Snohomish Counties' Urbanized Areas. (i) Incorporation by reference. (A) The January 22, 1993 letter from the Director of the WDOE submitting the Amendment to the Washington SIP for Carbon Monoxide in the King, Pierce, and Snohomish Counties' Urbanized Areas to EPA, “Supplement to the SIP for Washington State, Puget Sound Carbon Monoxide Nonattainment Area, January 1993,” Section 6.0 Vehicle Miles Traveled Forecasting and Tracking, adopted on January 22, 1993. (ii) Additional material. (A) VMT supplements to include the VMT Tracking Report data required for the Puget Sound CO Nonattainment Areas, dated October 13, 1994 and September 19, 1994. (56) On February 14, 1995, the Director for the Washington State Department of Ecology (WDOE) submitted amended regulations for the Northwest Air Pollution Authority (NWAPA) as a revision to the Washington State Implementation Plan (SIP). (i) Incorporation by reference. (A) The February 7, 1995 letter from the Director of WDOE submitting the amended NWAPA regulations to the Environmental Protection Agency (EPA); the Northwest Air Pollution Authority Regulations (approving sections 104.1, 132, 133, 200, 300, 301, 302, 322, 324 (except for 324.121), 340, 451, 462, 580) adopted on February 10, 1995. (57) On May 2, 1995, WDOE submitted to EPA revisions to the Washington SIP addressing the conditional approval of the State Implementation Plan (SIP) for particulate matter (PM10) in the Tacoma TIdeflats PM10 Nonattainment Area. (i) Incorporation by reference. (A) May 2, 1995 letter from WDOE to EPA Region submitting the SIP revision for Particulate Matter in the Tacoma Tideflats, A Plan for Attaining and Maintaining the National Ambient Air Quality Standard for PM10, Supplement May 1995, adopted on May 4, 1995. (58) On February 21, 1995 and May 11, 1994, WDOE submitted to EPA revisions to the Washington SIP addressing the contingency measures for the Seattle and Kent PM–10 nonattainment plans. (i) Incorporation by reference. (A) February 21, 1995 letter from the Washington Department of Ecology to EPA Region 10 submitting PSAPCA Section 13.07—Contingency Plan, adopted December 8, 1994, as a revision to the Seattle PM–10 attainment plan and the Washington SIP. (B) May 11, 1994 letter from WDOE to EPA Region 10 submitting clarifying documentation to the contingency measure for Kent Valley PM–10 attainment plan. (59) Various minor revisions consisting of amended regulations affecting a local air agency, PSAPCA, were submitted to EPA from the WDOE for inclusion into the Washington SIP. (i) Incorporation by reference. (A) Letters dated May 17, and September 7, 1995 from the Director of the WDOE to the EPA Regional Administrator submitting minor revisions to PSAPCA's regulations for inclusion into the SIP: PSAPCA, Regulation I adopted on May 22, 1995; PSAPCA, Regulation III adopted on September 11, 1995. (60) On November 29, 1995 the Director of WDOE submitted to the Regional Administrator of EPA the Energy Facility Site Evaluation Council Regulations (EFSEC) as a revision to the Washington State Implementation Plan (SIP). (i) Incorporation by reference. (A) The November 29, 1995 letter from WDOE to EPA submitting requests for revisions to the Washington SIP to include the Energy Facility Site Evaluation Council Regulations; EFSEC Regulation Chapter 463–39 Washington Administrative Code General and Operating Permit Regulations for Air Pollution Sources, (excluding the following sections: 005 (2) through (4); –070; –090; –105; –115; –140; those portions of –005(1), –020, –030, –095, –100, and –120 containing any reference to regulations or provisions of regulations in Chapters 173–400, 173–401, 173–406, 173–460, or 463–58a) adopted on November 16, 1995. (61) SIP revisions received from WDOE on August 21, 1995, requiring vehicle owners to comply with its I/M program in the two Washington ozone nonattainment areas classified as “marginal” and in the three carbon monoxide nonattainment areas classified as “moderate”. This revision applies to the Washington counties of Clark, King, Pierce, Snohomish, and Spokane. (i) Incorporation by reference. (A) July 26, 1995 letter from Director of WDOE to the Regional Administrator of EPA submitting revisions to WDOE's SIP consisting of the July 1995 Washington State Implementation Plan for the Motor Vehicle Inspection and Maintenance Program (including Appendices A through F), adopted August 1, 1995, and a supplement letter and “Tools and Resources” table dated May 10, 1996. (62) On September 30, 1994, the Director of WDOE submitted to the Regional Administrator of EPA a revision to the Carbon Monoxide State Implementation Plan for, among other things, the CO attainment demonstration for the Central Puget Sound carbon monoxide nonattainment area. This was submitted to satisfy federal requirements under section 187(a)(7) of the Clean Air Act, as amended in 1990, as a revision to the carbon monoxide State Implementation Plan. (i) Incorporation by reference. (A) September 30, 1994, letter from WDOE to EPA submitting an attainment demonstration revision for the Central Puget Sound CO nonattainment area (adopted on September 30, 1994); a supplement letter and document from WDOE, “Reexamination of Carbon Monoxide Attainment Demonstration for the Tacoma Carbon Monoxide Monitoring Site for the Supplement to the State Implementation Plan for Washington State, A Plan for Attaining and Maintaining National Ambient Air Quality Standards for Carbon Monoxide in the Puget Sound Nonattainment Area,” dated May 10, 1996; and a supplement letter and document from WDOE, “Revisions to the May 1996 Reexamination of Carbon Monoxide Attainment Demonstration for the Tacoma Carbon Monoxide Monitoring Site”, dated September 12, 1996. (63) On September 30, 1994, the Director of WDOE submitted to the Regional Administrator of EPA a revision to the carbon monoxide State Implementation Plan for, among other things, the 1990 and 1995 Emission Inventories for Area, Nonhighway Mobile, and On-Road Mobile Sources. (i) Incorporation by reference. (A) September 30, 1994, letter from WDOE to EPA submitting emission inventories for the Puget Sound CO nonattainment area (adopted on September 30, 1994); NonHighway Mobile Sources Emission Inventory for Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish Counties Base Year 1990, dated December 1993; Stationary Area Sources Emission Inventory for Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish Counties Base Year 1990, dated December 1993; Stationary Area Sources Emission Inventory for Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish Counties Projection Year 1995, dated September 1994; Supplement to the SIP, “Puget Sound Carbon Monoxide Nonattainment Area,” Replacement Pages, dated September 1994; Non-Road Mobile Sources Emission Inventory for Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish Counties, Base Year 1990, dated September 1994; Non-Highway Mobile Sources Projections for 1995 Emission Inventory for Carbon Monoxide and Precursors of Ozone for King, Pierce and Snohomish Counties, dated September 1994; Seattle-Tacoma Urban Carbon Monoxide Nonattainment Area 1990 Base Year On Road Mobile Source Emissions Inventory, dated August 1994; and Seattle-Tacoma Urban Carbon Monoxide Nonattainment Area 1995 Projected Year On Road Mobile Source Emissions Inventory, dated August 1994. (64) Minor revisions consisting of amended regulations affecting WDOE and a local air agency, PSAPCA, were submitted to EPA from WDOE for inclusion into the Washington SIP. (i) Incorporation by reference. (A) Letters dated January 26, 1995 and December 27, 1995 from the Director of the WDOE to the EPA Regional Administrator which included deletion of two regulations from the Washington SIP (Chapter 173–402 WAC Civil Sanctions under Washington Clean Air Act, and Chapter 173–440 WAC Sensitive Areas), adopted on February 1, 1995, and the following revisions to PSAPCA's regulations for inclusion into the SIP: Regulation I, Section 3.11 Civil Penalties, Section 5.07 Registration Fees, and Section 5.11 Registration of Oxygenated Gasoline Blenders; and Regulation III, Section 1.01 Policy, all adopted on September 14, 1995. (65) Several minor revisions consisting of amended regulations affecting a local air agency, the Puget Sound Air Pollution Control Agency, were submitted to EPA from the Washington State Department of Ecology for inclusion into the Washington State Implementation Plan. (i) Incorporation by reference. (A) Letter dated May 24, 1996 from the Director of the Washington State Department of Ecology to the EPA Regional Administrator submitting revisions to the Puget Sound Air Pollution Control Agency regulations for inclusion into the State Implementation Plan: Puget Sound Air Pollution Control Agency, Regulation I, Article 8, Outdoor Fires, sections 8.02, Outdoor Fires-Prohibited Types, and 8.05, Agricultural Burning, effective 3/14/96; Puget Sound Air Pollution Control Agency, Regulation III, Article 3, Source-Specific Emission Standards, section 3.03, Perchloroethylene Dry Cleaners, effective 12/14/95. (66) On March 4, 1996 the Director of WDOE submitted to the Regional Administrator of EPA a revision to the Ozone State Implementation Plan for the Puget Sound area requesting the Puget Sound Nonattainment Area be reclassified to attainment and containing a maintenance plan that demonstrates continued attainment of the NAAQS for ozone. The emission inventory projections are included in the maintenance plan. (i) Incorporation by reference. (A) Letter submitted on March 4, 1996 from the Washington State Department of Ecology requesting the redesignation and submitting the maintenance plan; Central Puget Sound Region Redesignation Request and Maintenance Plan for the National Ambient Ozone Standard adopted on Febuary 6, 1996. (ii) Additional material. (A) Appendices to the Central Puget Sound Region Redesignation Request and Maintenance Plan for the National Ambient Ozone Standard, November 1995: Appendix A, Technical Analysis Protocol; Appendix B, Ozone Air Quality Monitoring Site Network; Appendix C, Ambient Ozone Monitoring Data; Appendix D, Historical and Projected Puget Sound Region VMT and Employment; Appendix E, 1993–2010 Emission Inventory Projection; Appendix F, Transportation Conformity Process; Appendix G, Outline of Puget Sound Tropospheric Ozone Research Plan; and Appendix H, Prospective Vehicle Inspection and Maintenance (Vehicle I/M) Program Evaluation Outline. (67) On February 29, 1996 the Director of WDOE submitted to the Regional Administrator of EPA a revision to the Carbon Monoxide State Implementation Plan for the Central Puget Sound area containing a maintenance plan that demonstrated continued attainment of the NAAQS for carbon monoxide through the year 2010 and also containing an oxygenated fuels program as a contingency measure to be implemented if the area violates the CO NAAQS. (i) Incorporation by reference. (A) The February 29, 1996 letter from WDOE to EPA requesting the redesignation of the Puget Sound carbon monoxide nonattainment area to attainment and submitting the maintenance plan; the Central Puget Sound Region Redesignation Request and Maintenance Plan for the National Ambient Carbon Monoxide Standard dated January 1996. (ii) Additional material. (A) Letter dated May 2, 1996, to EPA from the Puget Sound Air Pollution Control Agency, subject “Carbon Monoxide SIP Applicability on Indian Lands;” and Appendices to the Puget Sound Region Redesignation Request and Maintenance Plan for the National Ambient Carbon Monoxide Standard dated January 1996: Appendix A, Technical Analysis Protocol; Appendix B, Carbon Monoxide Air Quality Data Monitoring Network; Appendix C, Ambient Carbon Monoxide Monitoring Data; Appendix D, Historical and Projected Puget Sound Region VMT and Employment; Appendix E, Emission Inventory Projection; Appendix F, Analysis of the Probability of Continued CO Attainment in Puget Sound; and Appendix G, Transportation Conformity Process. (68) On March 19, 1996, the Director of Washington State Department of Ecology (Washington) submitted to the Regional Administrator of EPA a revision to the Carbon Monoxide State Implementation Plan for the Vancouver area containing a maintenance plan that demonstrated continued attainment of the NAAQS for carbon monoxide through the year 2006 and also containing an oxygenated fuels program as a contingency measure to be implemented if the area violates the CO NAAQS. (i) Incorporation by reference. (A) Letter dated March 19, 1996 from Washington to EPA requesting the redesignation of the Vancouver carbon monoxide nonattainment area to attainment and submitting the maintenance plan; the “Supplement to the State Implementation Plan for Carbon Monoxide (CO) in Vancouver, WA—Redesignation Request for Vancouver, WA as Attainment for CO,” dated December 19, 1995, and adopted on February 29, 1996. (B) Letters dated January 22, 1993 and April 22, 1994 from Washington to EPA submitting a revision and replacement pages to the State Implementation Plan; enclosure dated November 1992 entitled “Portland-Vancouver Carbon Monoxide Non-attainment Area (Washington State Portion), 1990 Base Year Emissions Inventory,” together with the emission inventory replacement pages for carbon monoxide in Vancouver, dated December 1993. (ii) Additional material. (A) Appendices to the Vancouver Area Redesignation Request and Maintenance Plan for the National Ambient Carbon Monoxide Standard dated December 1995: Appendix A, Technical Analysis Protocol; Appendix B, Carbon Monoxide Air Quality Data Monitoring Network; Appendix C, Carbon Monoxide Saturation Study; Appendix D, Carbon Monoxide Air Quality Monitoring Data; Appendix E, Emission Inventory; Appendix F, Conformity Process; Appendix G, Historical and Projected Population, Employment and Households; Appendix H, Portland/Vancouver Carbon Monoxide Nonattainment Area Separation Documentation; Appendix I, Washington Department of Ecology Vancouver Carbon Monoxide Study; and Appendix J, Maintenance Planning Process. (69) EPA received from the Washington Department of Ecology PM10 nonattainment area plans for Wallula and Spokane, Washington, as revisions to the Washington state implementation plan. (i) Incorporation by reference. (A) November 13, 1991 letter from Washington Department of Ecology (WDOE) to EPA Region 10 submitting the State Implementation Plan for Particulate Matter in the Wallula Study Area, A Plan for Attaining and Maintaining the National Ambient Air Quality Standard for PM10 (including Appendices “D” (Exceptional Events Analysis), “E” (Reasonably Available Control Measure Analysis), “F” (Reasonably Available Control Technical Analysis of Boise Cascade, Wallula), and “H” (Discussion of Modified Attainment Demonstration)), adopted November 14, 1991; May 18, 1993 letter from WDOE forwarding a report titled, “Addendum to the State Implementation Plan for the Wallula PM–10 Nonattainment Area, Reasonably Available Control Measure Analysis”, further describing the control measures being implemented in the area; June 23, 1994 letter from WDOE providing additional information describing the status of the control measures and forwarding an analysis of windblown dust in the area; April 28 and May 18, 1995, letters from WDOE to EPA Region 10, providing additional information on the allowable and fugitive emissions for point sources and air quality dispersion modeling; June 1, 1995, letter from WDOE providing information on allowable emissions; and a September 6, 1995, letter from WDOE forwarding a revised emission inventory for point sources within the Wallula nonattainment area. (B) December 9, 1994, letter from WDOE submitting the Spokane PM10 Attainment Plan (including Appendices “C” (Analysis of PM10 Data/Exceedances of the 24-Hour Standard), “E” (Detailed Analysis of Dust Storms/Analysis of the Impact of Biogenic PM10 Sources), “F” (Analysis of PM10 Data/Exceedances of the 24–Hour Standard, Excluding Dust Storms), “I” (Reasonable Available Control Measures Analysis), “J,” (Additional Controls/Contingency Measures), “K,” (Dispersion Modelling and Attainment Demonstration), and “L,” (Demonstration of Attainment of the Annual Standard)), dated December 1994, and adopted December 12, 1994; (C) Spokane County Air Pollution Control Authority (SCAPCA) Order No. 91–01 providing for an alternate opacity limit for the Kaiser Aluminum and Chemical Corporation, Trentwood aluminum facility; SCAPCA Orders 96–03, 96–04, 96–05 and 96–06 (all dated April 24, 1996) lowering the potential to emit for the Kaiser Aluminum—Trentwood facility; and (D) SCAPCA regulations: Article VI, section 6.05, “Particulate Matter and Preventing Particulate Matter from Becoming Airborne,” section 6.14, “Standards for Control of Particulate Matter on Paved Surfaces,” and section 6.15, “Standards for Control of Particulate Matter on Unpaved Roads;” (effective November 12, 1993); and Article VIII, “Solid Fuel Burning Device Standards,” (adopted April 7, 1988). (ii) Additional material. (A) SCAPCA's zoning ordinance provisions requiring the paving of new parking lots (4.17.059 and 4.802.080 of the Zoning Code of Spokane County, dated 5/24/90). (70) On January 24, 1996 the Director of WDOE submitted to the Regional Administrator of EPA regulations of the SWAPCA for the control of air pollution in Clark, Cowlitz, Lewis, Skamania and Wahkiakum Counties, Washington (SWAPCA 400—General Regulation for Air Pollution Sources). (i) Incorporation by reference. (A) The January 24, 1996, letter from WDOE to EPA submitting requests for revisions to the Washington SIP to include regulations of the SWAPCA for the control air of pollution in Clark, Cowlitz, Lewis, Skamania and Wahkiakum Counties, Washington, as revisions to the Washington SIP, State-effective September 21, 1995. EPA is approving the following sections of SWAPCA 400—General Regulation for Air Pollution Sources: 010; 020; 030 except the second sentence of (14), (45) and (80); 040 except (1)(c), (1)(d), (2), (4) and (6)(a); 050 except the exception provision of (3); 052; 060; 070 except (5); 074; 081; 091; 100 except the first sentence of (3)(a)(iv) and (4); 101; 105; 107; 109 except for (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i), 110; 112; 113; 114; 151; 161; 171; 190; 200; 205; 210; 220; 230; 240; 250; 260; 270; and 280. (71) On March 6, 1996, the Director of the Washington State Department of Ecology (Ecology) submitted to the Regional Administrator of EPA a revision to the Puget Sound Air Pollution Control Agency Regulations, Regulations I, II, and III. (i) Incorporation by reference. (A) Letter dated August 6, 1996 from the Department of Ecology to EPA revising the Puget Sound Air Pollution Control Agency Regulations; Regulation II Section 3.11 (Coatings and Ink Manufacturing), effective on May 16, 1996; and Regulation III Section 3.01 (Hard and Decorative Chromium Electroplating and Chromium Anodizing), effective on July 18, 1996. (72) On November 26, December 3, and December 11, 1996, the Director of the Washington State Department of Ecology (Washington) submitted to the Regional Administrator of EPA revisions to the State Implementation Plan consisting of amendments to Washington regulations which remove the requirement for oxygenated gasoline in the Vancouver and Central Puget Sound areas. (i) Incorporation by reference. (A) Chapter 173–492, Washington Administrative Code (WAC), Motor Fuel Specifications for Oxygenated Gasoline, adopted December 5, 1996; Southwest Air Pollution Control Authority (SWAPCA) 492, Oxygenated Fuels, effective November 21, 1996; and Puget Sound Air Pollution Control Agency, Regulation II, Section 2.09, Oxygenated Gasoline Contingency Measure and Fee Schedule, revised July 11, 1996. (73) The Washington Department of Ecology (WDOE) and the Oregon Department of Environmental Quality (ODEQ) submitted Maintenance Plans that demonstrate continued attainment of the NAAQS for O3 and requested redesignation of the Pdx/Van interstate nonattainment area from nonattainment to attainment for O3. The SIP revision requests were submitted by the WDOE on June 13, 1996, and by ODEQ on August 30, 1996. A number of other O3 supporting revisions are included in this submittal they are: the 1990 O3 Emission Inventories; changes to the NSR programs; regulations implementing the hybrid low enhanced I/M programs; an expanded vehicle inspection boundary; minor RACT rule changes (Vancouver only); Employee Commute Options rule (Portland only); Voluntary Parking Ratio rule (Portland only); PSEL management rules (Portland only); and local area source supporting rules. (i) Incorporation by reference. (A) Vancouver, Washington Ozone Maintenance Plan and Redesignation Request—state adopted June, 17, 1996. (B) Washington Inspection and Maintenance SIP revision WAC 173 422–030, –050, –060, –070, –170, –190—State adopted November 9, 1996. (C) NSR: SWAPCA 400–030 (except for the second sentence of subsections (14) and (49), and subsection (84)), 101, 109 (except subsections (3)(b), (3)(c), (3)(g), (3)(h), and (3)(i)), 110, 111, 112, 113, 114, 116, and 190, effective November 21, 1996. (D) Supporting Rules. (1) SWAPCA 491–010, –015, –020, –030, –040, –050, –060,—State-effective on November 1, 1996. (2) SWAPCA 490–010, –020, –025, –030, –040, –080, –090, –200, –201, –202, –203, –204, –205, –207, –208—State effective November 21, 1996. (3) SWAPCA 493–100, 493–200–010, –020, –030, –040, –050, –060, 493–300–010, –020, –030, –040, –050, –060, 493–400–010, –020, –030, –040, –050, –060, –070, 493–500–010, –020, –030, –040,—State effective May 26, 1996. Editorial Note: At 62 FR 42217, Aug. 6, 1997, the following paragraph (c)(73) was added to §52.2470; however, paragraph (c)(73) already exists in the 1997 edition. (73) On November 26, 1996 and April 7, 1997, the Director of the Washington State Department of Ecology (Washington) submitted to the Regional Administration of EPA revisions to the State Implementation Plan consisting of minor amendments to Puget Sound Air Pollution Control Agency (PSAPCA) Regulations I and III. (i) Incorporation by reference. (A) PSAPC Regulations approved—Regulation I, Sections 3.11, 3.23, 5.02, 5.05, 5.07, 6.03, 7.09—State-adopted 9/12/96. Regulation III, Section 4.03—State-adopted 9/12/96. Regulation I, Sections 5.03 and 6.04—State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01, and 2.05—State-adopted 12/12/96. (74) On November 26, 1996 and April 7, 1997, the Director of the Washington State Department of Ecology (Washington) submitted to the Regional Administration of EPA revisions to the State Implementation Plan consisting of minor amendments to Puget Sound Air Pollution Control Agency (PSAPCA) Regulations I and III. (i) Incorporation by reference. (A) PSAPCA Regulations approved—Regulation I, Sections 3.11, 3.23, 5.02, 5.05, 5.07, 6.03, 7.09—State-adopted 9/12/96. Regulation III, Section 4.03—State-adopted 9/12/96. Regulation I, Sections 5.03 and 6.04—State-adopted 12/12/96. Regulation III, Sections 1.11, 2.01 and 2.05—State-adopted 12/12/96. (75) On January 22, 1993, September 14, 1993, and April 30, 1996, the Director of the Washington Department of Ecology submitted to the Regional Administrator of EPA four revisions to the SIP consisting of amendments to the Spokane CO SIP. (i) Incorporation by reference. (A) Letter dated January 22, 1993, from Washington to EPA requesting approval of revisions to the Spokane CO portion of the Washington State Implementation Plan; the “Supplement to the State Implementation Plan for Washington State, Spokane Carbon Monoxide Nonattainment Area,” dated January 1993, Sections 6.0, 6.1, 6.3, and 6.4. (B) Letter dated September 14, 1993, from Washington to EPA providing supplementary information to that submitted on January 22, 1993; “Spokane County Carbon Monoxide Non-attainment Area 1990 Base Year Emissions Inventory,” dated November 1992. (C) Two letters dated April 30, 1996, from Washington to EPA submitting two revisions to the SIP; “Supplement to A Plan for Attaining and Maintaining National Ambient Air Quality Standards for the Spokane Carbon Monoxide Nonattainment Area,” dated March 1995; and “Supplement to the State Implementation Plan for Washington State, Spokane County Carbon Monoxide Nonattainment Area, Supplement 1 of 2,” replacement pages for Sections 2.5 and 6.2 of Section 4.5.2.CO.1 of the State Implementation Plan, dated January 1996; “Supplement to the State Implementation Plan for Washington State, Spokane County Carbon Monoxide Nonattainment Area, Supplement 2 of 2,” new Section 10.0, Contingency Measures, of Section 4.5.2.CO.1 of the State Implementation Plan, dated January 1996; and Spokane County Air Pollution Control Authority Motor Fuel Specifications for Oxygenated Gasoline, Regulation I, Article VI, Section 6.16, adopted July 6, 1995. (ii) Additional material. (A) Letter of September 29, 1995, submitting CO Periodic Emission Inventory Reports; “Spokane County Carbon Monoxide Nonattainment Area, 1993 Periodic Update Emissions Inventory,” dated September 1995. (76) On March 24, 1989, the Washington Department of Ecology submitted a plan for attaining and maintaining the NAAQS for PM10 in the Yakima PM10 moderate nonattainment area requesting EPA's review and approval. The plan was amended with additional submittals between 1992 and 1995. (i) Incorporation by reference. (A) The attainment plan is contained in the following documents: a submittal of March 24, 1989, adopted that same date, from Washington State Department of Ecology, titled, State Implementation Plan for Particulate Matter—Yakima Area A Plan for Attaining and Maintaining the National Ambient Air Quality Standard for PM10; a supplement to the plan adopted August 19, 1992, titled, Supplement State Implementation Plan for Particulate Matter (PM10) in Yakima, WA and an addendum adopted February 3, 1994 on contingency measures. (B) Portions of Restated Regulation I of the Yakima County Clean Air Authority, effective December 15, 1995, including Article I; Article II except Section 2.01; Article III; Article IV; Article V except Section 5.09; Article VIII; Article IX; Article XI; Article XII except Section 12.02; and, Article XIII except Sections 13.04 and 13.05. (ii) Additional material: (A) August 19, 1992: A modeling and inventory supplement to the original plan. (B) March 10, 1995: A supplemental information package primarily on emissions and modeling. (C) June 27, 1995: A supplemental letter on monitoring, public notice and emissions. (D) August 17, 1995: A supplemental emissions analysis. (E) November 3, 1995: More emissions analysis and the maintenance demonstration. (77) On December 30, 1997, the Director of the Washington State Department of Ecology submitted to the Regional Administration of EPA revisions to the State Implementation Plan consisting of minor amendments to Puget Sound Air Pollution Control Agency (PSAPCA) Regulation I. (i) Incorporation by reference. (A) PSAPCA Regulations approved—Regulation I, Sections 3.11, 5.05, 5.07, 6.04, 6.10—State-adopted 9/11/97. (78) EPA approves a minor revision to the SIP dated January 8, 1998 to include a variance to a permit issued to the U.S. Army for the operation of three heat recovery incinerators located at Fort Lewis by local air pollution control agency, the Puget Sound Air Pollution Control Agency. (i) Incorporation by reference. (A) Puget Sound Air Pollution Control Agency, Notice of Construction No. 7216, Date: Nov 25, 1997. (79) February 22, 1999, letter from WDOE submitting a revision and replacement pages to the State Implementation Plan for the Spokane PM–10 Attainment Plan that will preserve the applicability of Section 6.14 Standards for Control of Particulate Matter on Paved Surfaces, and Section 6.15 Standards for Control of Particulate Matter on Unpaved Roads, should the area be redesignated as attainment or the pre-existing PM–10 standard is revoked for Spokane. (i) Incorporation by reference. (A) Spokane County Air Pollution Control Authority's Regulation I., Article VI: Section 6.14 Standards for Control of Particulate Matter on Paved Surfaces and; Section 6.15 Standards for Control of Particulate Matter on Unpaved Roads, effective February 13, 1999. (80) On August 16, 1999, the Washington State Department of Ecology submitted a maintenance plan and redesignation request for the Thurston County PM–10 nonattainment area (dated June 11, 1997). EPA approves the Thurston County, Washington PM–10 area maintenance plan and the redesignation to attainment. (81) On August 23, 1999, the Washington State Department of Ecology requested the redesignation of Kent, Seattle, and Tacoma PM–10 nonattainment areas to attainment of the National Ambient Air Quality Standard for particulate matter. EPA approves the State's PM–10 maintenance plan for Kent, Seattle, and Tacoma and request for redesignation to attainment. (i) Incorporation by reference. (A) Revised Code of Washington (RCW) 70.94.477(2), dated 1995. (B) RCW 70.94.457, dated 1995. (ii) Additional Material. (A) August 23, 1999, letter from Washington State Department of Ecology to EPA Region 10 submitting the PM–10 maintenance plan for Kent, Seattle, and Tacoma nonattainment areas of Washington. (82) On November 5, 1999, the State of Washington, Department of Ecology submitted a revision to the Visibility SIP. EPA approves all provisions to the November 5, 1999 Visibility SIP revision including, but not limited to the 1998 Smoke Management Plan, and South West Air Pollution Control Agency, Reasonably Available Control Technology order on the Centralia Power plant. EPA is taking no action on Section VIII. Identification and Analysis for Best Available Retrofit Technology (BART) and Section X, New Source Review, of the November 5, 1999, Visibility SIP revision. (i) Incorporation by reference. (A) South West Air Pollution Control Agency (SWAPCA) regulatory order, SWAPCA 97–2057R1, Regulatory Order to Establish RACT Limits and Order of Approval, Adopted February 26, 1998. (B) [Reserved] (83) On December 17, 2003, the Washington Department of Ecology submitted carbon monoxide and ozone second 10-year maintenance plans. The State's maintenance plans, meet the requirements of the Clean Air Act. (i) Incorporation by reference. (A) Puget Sound Clean Air Agency, Regulation I, Section 8.06, Outdoor Burning Ozone Contingency Measure, as in effect December 19, 2002. (B) Puget Sound Clean Air Agency, Regulation II, Section 2.09, Oxygenated Gasoline Carbon Monoxide Contingency Measures and Fee Schedule, as in effect December 19, 2002. (C) Puget Sound Clean Air Agency, Regulation II, Section 2.10, Gasoline Station Ozone Contingency Measure, as in effect December 19, 2002. (84) On September 24, 2001 and February 9, 2004, the Washington State Department of Ecology submitted amendments to Puget Sound Clean Air Agency's regulations (Regulation I, II, and III) as revisions to the Washington State implementation plan. (i) Incorporation by reference. (A) The following new and revised sections of Puget Sound Clean Air Agency's Regulations: Regulation I, Sections 1.01, Policy; 1.03, Name of Agency; and 1.05, Short Title, adopted September 9, 1999; 3.04, Reasonably Available Control Technology [except (e)], adopted March 11, 1999; 3.06 Credible Evidence, adopted October 8, 1998; 5.03, Registration Required [except (a)(5)], adopted July 8, 1999; 5.05 General Reporting Requirements for Registration, adopted September 10, 1998; 7.09, General Reporting Requirements for Operating Permits, adopted September 10, 1998; 8.04, General Conditions for Outdoor Burning; 8.05, Agricultural Burning; 8.09, Description of King County No-Burn Area; 8.10, Description of Pierce County No-Burn Area; and 8.11, Description of Snohomish County No-Burn Area, adopted November 9, 2000; and 8.12, Description of Kitsap County No-Burn Area, adopted October 24, 2002; 9.03, Emission of Air Contaminant: Visual Standard [except (e)], adopted March 11, 1999; 9.04, Opacity Standards for Equipment with Continuous Opacity Monitoring Systems [except (d)(2) and (f)], adopted April 9, 1998; 9.09, Particulate Matter Emission Standards, adopted April 9, 1998; 9.15, Fugitive Dust Control Measures, adopted March 11, 1999; 9.16, Spray-Coating Operations, adopted July 12, 2001; 12.01, Applicability and 12.03, Continuous Emission Monitoring Systems [except (b)(2)], adopted April 9, 1998; 13.01, Policy and Purpose, adopted September 9, 1999; and 13.02, Definitions, adopted October 8, 1998; Regulation II, Sections 1.01, Purpose; 1.02, Policy; 1.03, Short Title; and 1.05, Special Definitions, adopted September 9, 1999; 2.01, Definitions, adopted July 8, 1999; 2.07, Gasoline Stations, adopted December 9, 1999; 2.08, Gasoline Transport Tanks, adopted July 8, 1999; and 3.02, Volatile Organic Compound Storage Tanks, adopted July 8, 1999. (B) The following Puget Sound Clean Air Agency Notice of Construction (NOC) Order of Approvals: Holnam, Inc., Ideal Division (now known as LaFarge North America, Inc.) NOC Order of Approval No. 5183, effective date February 9, 1994; and Saint-Gobain Containers LLC, NOC Order of Approval No. 8244, effective date September 30, 2004. (C) Remove the following provisions from the current incorporation by reference: Regulation I, Sections 3.01, Duties and Powers of the Control Officer; 3.05, Investigations by the Control Officer; 3.07, Compliance Tests; 3.09, Violations—Notice; 3.11, Civil Penalties; 3.13, Criminal Penalties; 3.15, Additional Enforcement; 3.17, Appeal of Orders; 3.19, Confidential Information; 3.21, Separability; 3.23, Alternate Means of Compliance; 5.07, Registration Fees; 8.02, Outdoor Fires-Prohibited Types; 8.03, Outdoor Fires-Prohibited Areas; 9.03(e), Emission of Air Contaminant: Visual Standard; 9.09(c), Particulate Matter Emission Standards; 9.11, Emission of Air Contaminant: Detriment to Person or Property; 9.13, Emission of Air Contaminant: Concealment and Masking Restricted; 11.01, Ambient Air Quality Standards; 11.02, Ambient Air Monitoring; 12.02, Continuous Emission Monitoring Requirements; and 12.04, Recordkeeping and Report Requirements; Regulation II, Sections 2.04, Volatile Organic Compound Storage Tanks; and 3.07, Petroleum Solvent Dry Cleaning Systems; and Regulation III. (ii) Additional Material. (A) The following sections of Puget Sound Clean Air Agency Regulation I: Sections 3.01, Duties and Powers of the Control Officer, adopted September 9, 1999; 3.05, Investigations by the Control Officer, adopted February 10, 1994; 3.07, Compliance Tests, adopted February 9, 1995; 3.09, Violations—Notice, adopted August 8, 1991; 3.11, Civil Penalties, adopted September 26, 2002; 3.13, Criminal Penalties, adopted August 8, 1991; 3.15, Additional Enforcement, adopted August 8, 1991; 3.17, Appeal of Orders, adopted October 8, 1998; 3.19, Confidential Information, adopted August 8, 1991; and 3.21, Separability, adopted August 8, 1991. (85) On November 15, 2004, the Washington State Department of Ecology submitted a PM10 Limited Maintenance Plan and requested the redesignation of the Spokane County PM10 Nonattainment area to attainment for PM10. The State's Limited Maintenance Plan, attainment year emissions inventory, and the redesignation request meet the requirements of the Clean Air Act. EPA approves the State's Limited Maintenance Plan and Moderate Area Plan requirements for the Spokane PM10 nonattainment area and request for redesignation to attainment. (i) Incorporation by reference. (A) Spokane County Air Pollution Control Authority (SCAPCA) orders #96–03 (modified October 4, 2000), #96–05 (modified October 4, 2000) and #96–06 (modified October 19, 2000) to regulate particulate matter emissions from the specific emission units of the Kaiser Aluminum and Chemical Corporation, Trentwood aluminum facility. (86) On November 30, 2004, the Washington Department of Ecology (Ecology) submitted a serious area plan for the Wallula serious nonattainment area for PM10. (i) Incorporation by reference. (A) The following terms and conditions limiting particulate matter emissions in the following permits or administrative orders: (1) Washington Department of Ecology Administrative Order No. 02AQER–5074 for IBP, Inc. (now known as Tyson Foods Inc.) dated December 6, 2002 except for the following: Finding number 4 (“T–BACT”), found on page 5 of document and item 3.3 of Approval Condition number 3 (“Emission Limits and Test Methods”) found on page 7 of the document. (2) Washington State Department of Ecology Air Operating Permit for Boise White Paper, L.L.C. Permit No. 000369–7, dated December 1, 2004, the following condition only: 1.Q.1 (“Particulate-fugitive dust”) of item Q (“Landfill/Compost Operation”). (3) Washington State Department of Ecology Administrative Order for Boise Cascade Corporation, Wallula Mill, Order No. 1614–AQ04, dated August 19, 2004 and effective September 15, 2004, the following condition only: No. 1 (“Approval Conditions”) and Appendix A (“Dust Control Plan” for Boise Paper—Wallula Mill, “Landfill and Composting Areas”) dated February 18, 2004. (4) Fugitive Dust Control Plan for Simplot Feeders Limited Partnership, dated December 1, 2003. (B) [Reserved] (ii) Additional Material. (A) Washington State Department of Ecology Columbia Plateau Windblown Dust Natural Events Action Plan, dated 2003. (B) Washington State Department of Ecology Fugitive Dust Control Guidelines for Beef Cattle Feedlots and Best Management Practices, dated December 13, 1995. (87) On September 20, 2001, and November 22, 2004, the Washington State Department of Ecology submitted revisions to the Washington State Implementation Plan consisting of A Plan for Attaining Carbon Monoxide National Ambient Air Quality Standards in the Spokane Serious Nonattainment Area. On September 26, 2001, the Washington State Department of Ecology submitted minor revisions to the Washington State Inspection and Maintenance Program. (i) Incorporation by reference. (A) Kaiser Aluminum and Chemical Corporation Administrative Order No. DE 01AQIS–3285 dated October 24, 2001, and Kaiser Aluminum and Chemical Corporation Administrative Order No. DE 01AQIS–3285, Amendment #1 dated April 9, 2003. (B) Washington Administrative Code 173–422–031, “Vehicle emission inspection schedules,” and Washington Administrative Code 173–422–170, “Exemptions,” as effective 12/2/2000. (ii) Additional material. A Plan for Attaining Carbon Monoxide National Ambient Air Quality Standards in the Spokane Serious Nonattainment Area, adopted September 19, 2001, and November 17, 2004. (88) On March 1, 2004, the Washington State Department of Ecology submitted amendments to WAC Ch. 173–434, Solid Waste Incinerator Facilities, as revisions to the Washington State implementation plan. (i) Incorporation by reference. (A) The following new and revised sections of WAC Ch. 173–434, Solid Waste Incinerator Facilities: WAC 173–434–020, Applicability and Compliance; –030, Definitions; –110, Standards of Performance [except (1)(a)]; –130, Emission Standards [except (2)]; –160, Design and Operation; –170, Monitoring and Reporting; –190, Changes in Operation; and –200, Emission Inventory, State effective January 22, 2004. (B) Remove the following provisions from the current incorporation by reference: WAC 173–434–050, New Source Review (NSR);–070, Prevention of Significant Deterioration (PSD); and –100, Requirement of BACT, State effective October 18, 1990. [37 FR 10900, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.2470, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.2471 Classification of regions. top The Washington plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Eastern Washington-Northern Idaho Interstate.............. I IA III I III Northern Washington Intrastate............................ II III III III III Olympic-Northwest Washington Intrastate................... II II III III III Portland Interstate....................................... I IA III I I Puget Sound Intrastate.................................... I IA III I I South Central Washington Intrastate....................... I III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10900, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45 FR 37836, June 5, 1980] § 52.2472 Extensions. top The Administrator, by authority delegated under section 188(d) of the Clean Air Act, as amended in 1990, extends for one year (until December 31, 1995) the attainment date for the Spokane, Washington, PM–10 nonattainment area and the Wallula, Washington, PM–10 nonattainment area. [60 FR 47280, Sept. 12, 1995] § 52.2473 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Washington's plan for the attainment and maintenance of National Standards under section 110 of the Clean Air Act. The regulations included in the SIP (See Table 52.2479) are applicable statewide unless otherwise noted in the regulation itself. Furthermore, the Administrator finds that the plan as identified in §52.2470 satisfies requirements of Part D, Title 1, of the Clean Air act as amended in 1977, except as noted in the following sections. Continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January. New source review permits pursuant to section 173 of CAA will not be deemed valid by EPA unless the provisions of Section V of the emission offset interpretive rule published on January 16, 1979 (44 FR 3274) are met. [45 FR 37836, June 5, 1980, as amended at 46 FR 45609, Sept. 14, 1981; 47 FR 7840, Feb. 23, 1982] § 52.2474 General requirements. top (a) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1–June 30 and July 1–December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [40 FR 55334, Nov. 28, 1975] § 52.2475 Approval of plans. top (a) Carbon Monoxide. (1) Yakima. (i) EPA approves as a revision to the Washington State Implementation Plan, the Yakima Carbon Monoxide maintenance plan submitted by the State on August 31, 2001. (ii) [Reserved] (2) Spokane. (i) EPA approves as a revision to the Washington State Implementation Plan, A Plan for Attaining Carbon Monoxide National Ambient Air Quality Standards in the Spokane Serious Nonattainment Area submitted by the Washington Department of Ecology on September 20, 2001 and November 22, 2004. (ii) EPA approves as a revision to the Washington State Implementation Plan, the Spokane Carbon Monoxide Maintenance Plan, adopted April 27, 2004 effective June 24, 2004, submitted by the Washington Department of Ecology on November 29, 2004. (3) Central Puget Sound. (i) EPA approves as a revision to the Washington State Implementation Plan, the Central Puget Sound Carbon Monoxide and Ozone Second 10-Year Maintenance Plans submitted by the State on December 17, 2003. (ii) [Reserved] (b) Lead. [Reserved] (c) Nitrogen Dioxide. [Reserved] (d) Ozone. [Reserved] (e) Particulate Matter. (1) Yakima. (i) EPA approves as a revision to the Washington State Implementation Plan, the Yakima County PM–10 Nonattainment Area Limited Maintenance Plan adopted by the Yakima Regional Clean Air Authority on June 9, 2004, and adopted and submitted by the Washington Department of Ecology on July 8, 2004. (ii) [Reserved] (2) Wallula. (i) EPA approves as a revision to the Washington State Implementation Plan, the Wallula Serious Area Plan for PM10 adopted by the State on November 17, 2004 and submitted to EPA on November 30, 2004. (ii) EPA approves, as a revision to the Washington State Implementation Plan, the Wallula PM10 maintenance plan, adopted by the Washington Department of Ecology on March 29, 2005 and submitted to EPA. (3) Spokane. (i) EPA approves as a revision to the Washington State Implementation Plan, the Spokane County PM10 Nonattainment Area Limited Maintenance Plan adopted by the Spokane Regional Clean Air Authority on November 17, 2004, and adopted and submitted by the Washington Department of Ecology on November 30, 2004. (f) Sulfur dioxide. [Reserved] (g) Visibility. (1) EPA approves as a revision to the Washington State Implementation Plan, the November 5, 1999, Visibility SIP revision, except that EPA is taking no action on Section VIII. Identification and Analysis for Best Available Retrofit Technology (BART), and Section X, New Source Review of the November 5, 1999, Visibility SIP revision. (2) [Reserved] [67 FR 66560, Nov. 1, 2002, as amended at 68 FR 34825, June 11, 2003; 69 FR 47366, Aug. 5, 2004; 70 FR 6592, Feb. 8, 2005; 70 FR 22599, May 2, 2005; 70 FR 24992, May 12, 2005; 70 FR 37272, June 29, 2005; 70 FR 38038, July 1, 2005; 70 FR 39927, July 12, 2005; 70 FR 50213, Aug. 26, 2005] § 52.2476 Discretionary authority. top (a) This section applies to any variance, exception, exemption, alternative emission limitation, bubble, alternative sampling or testing method, compliance schedule revision, alternative compliance schedule, or any other substantial change to a provision of the state implementation plan, granted by the Department of Ecology, the Department of Natural Resources, the Energy Facility Site Evaluation Council, or a local air pollution control agency in accordance with any discretionary authority granted under its statutes or regulations, regardless of whether such statutes or regulations are part of the state implementation plan. (b) Any change to a provision of the state implementation plan described in paragraph (a) of this section must be submitted by the state for approval by EPA in accordance with the requirements of 40 CFR 51.104. (c) Any change to a provision of the state implementation plan described in paragraph (a) of this section does not modify the requirements of the federally-approved state implementation plan or a federally-promulgated implementation plan until approved by EPA as a revision to the state implementation plan in accordance with section 110 of the Clean Air Act. [56 FR 24136, May 29, 1991] §§ 52.2477-52.2478 [Reserved] top § 52.2479 Contents of the federally approved, State submitted implementation plan. top The following sections of the state and local regulations and documents for the Washington State Implementation Plan for Air Quality, for compliance with requirements of the Federal Clean Air Act, have been approved by the U.S. Environmental Protection Agency (EPA), and are part of the current federally-approved, implementation plan. Washington State Implementation Plan for Air Quality State and Local Requirements Table of Contents ---------------------------------------------------------------------------------------------------------------- Section 1_General [Dates in brackets indicate EPA approval date] ---------------------------------------------------------------------------------------------------------------- 1.2 Energy Facilities Site Evaluation Council (EFSEC) Memorandum of Agreement [02/23/82] 1.3 Air Quality Monitoring , Data Reporting and Surveillan ce Provisions [04/15/81] 1.4 Maintenanc e of Pay Provision [08/14/81] ---------------------------------------------------------------------------------------------------------------- Section 2_State Regulations and Statutes [Dates in brackets indicate date state adopted] ---------------------------------------------------------------------------------------------------------------- 2.2 Department of Ecology Regulation s 2.2.400 WAC 173-400 General Regulation for Air Pollution Sources 173-400-010 Policy and purpose [08/20/93] 173-400-020 Applicability [08/20/93] 173-400-030 Definitions [08/20/93] 173-400-040 General standards for maximum emissions [08/20/93, except for sections (1)(c), (1)(d), (2), (4), and the second paragraph of (6)] 173-400-050 Emission standards for combustion and incineration units [08/20/93 except for the exception provision in section (3)] 173-400-060 Emission standards for general process units [08/20/93] 173-400-070 Emission standards for certain source categories [08/20/ 93, except for section (7)] 173-400-081 Startup and shutdown [08/20/93] 173-400-091 Voluntary limits on emissions [08/20/93] 173-400-100 Registration [08/20/93] 173-400-105 Records, monitoring, and reporting [08/20/93] 173-400-107 Excess Emissions [08/20/93] 173-400-110 New source review (NSR) [08/20/93] 173-400-112 Requirements for new souces in nonattainment areas [08/20/ 93, except for section (8)] 173-400-113 Requirements for new sources in attainment or unclassifiable areas [08/20/93, except for section (5)] 173-400-151 Retrofit requirements for visibility protection [08/20/93] 173-400-161 Compliance schedules [08/20/93] 173-400-171 Public involvement [08/20/93] 173-400-190 Requirements for nonattainment areas [08/20/93] 173-400-200 Creditable stack height and dispersion techniques [08/20/ 93] 173-400-205 Adjustment for atmospheric conditions [08/20/93] 173-400-210 Emission requirements of prior jurisdictions [08/20/93] 173-400-220 Requirements for board members [08/20/93] 173-400-230 Regulatory actions [08/20/93] 173-400-240 Criminal penalties [08/20/93] 173-400-250 Appeals [08/20/93] 173-400-260 Conflict of interest [08/20/93] 2.2.402 WAC 173-402 Civil Sanctions under Washington Clean Air Act 173-402-010 Prior regulations [06/24/80] 173-402-020 Subsequent regulations [06/24/80] 2.2.405 WAC 173-405 Kraft Pulp Mills 173-405-012 Statement of purpose [02/19/91] 173-405-021 Definitions [02/19/91] 173-405-040 Emission standards [02/19/91 except for sections (1)(b), (1)(c), (3)(b), (3)(c), (4), (7), (8), and (9)] 173-405-045 Creditable stack height and dispersion techniques [02/19/ 91] 173-405-061 More restrictive emission standards [02/19/91] 173-405-072 Monitoring requirements [02/19/91 except section (2)] 173-405-077 Report of startup, shutdown, breakdown or upset conditions [02/19/91] 173-405-078 Emission inventory [02/19/91] 173-405-086 New source review (NSR) [02/19/91] 173-405-087 Prevention of significant deterioration (PSD) [02/19/91] 173-405-091 Special studies [02/19/91] 2.2.410 WAC 173-410 Sulfite Pulping Mills 173-410-012 Statement of purpose [02/19/91] 173-410-021 Definitions [02/19/91] 173-410-040 Emission standards [02/19/91 except sections (3) and (5)] 173-410-045 Creditable stack height and dispersion techniques [02/19/ 91] 173-410-062 Monitoring requirements [02/19/91] 173-410-067 Report of startup, shutdown, breakdown or upset conditions [02/19/91] 173-410-071 Emission inventory [02/19/91] 173-410-086 New source review (NSR) [02/19/91] 173-410-087 Prevention of significant deterioration (PSD) [02/19/91] 173-410-100 Special studies [02/19/91] 2.2.415 WAC 173-415 Primary Aluminum Plants 173-415-010 Statement of purpose [02/19/91] 173-415-020 Definitions [02/19/91 except sections (1) and (2)] 173-415-030 Emission standards [02/19/91 except sections (1) and (3)(b)] 173-415-045 Creditable stack height and dispersion techniques [02/19/ 91] 173-415-050 New source review (NSR) [02/19/91] 173-415-051 Prevention of significant deterioration (PSD) [02/19/91] 173-415-060 Monitoring and reporting [02/19/91 except sections (1)(a)(b)(d)] 173-415-070 Report of startup, shutdown, breakdown or upset conditions [02/19/91] 173-415-080 Emission inventory [02/19/91] 2.2.422 WAC 173-422 Motor Vehicle Emission Inspection 173-422-010 Purpose [02/28/80] 173-422-020 Definitions [02/28/80] 173-422-030 Vehicle emission inspection requirement [02/28/80] 173-422-040 Noncompliance areas [12/31/81] 173-422-050 Emission contributing areas [12/31/81] 173-422-060 Gasoline vehicle emission standards [12/31/81] 173-422-070 Gasoline vehicle inspection procedures [12/31/81] 173-422-090 Exhaust gas analyzer specifications [12/31/81] 173-422-100 Testing equipment maintenance and calibration [12/31/81] 173-422-110 Data system requirements [12/31/81] 173-422-120 Quality assurance [02/28/80] 173-422-130 Inspection fees [12/31/81] 173-422-140 Inspection forms and certificates [12/31/81] 173-422-160 Fleet and diesel owner vehicle testing requirements [12/31/ 81] 173-422-170 Exemptions [12/31/81] 173-422-180 Air quality standards [12/31/81] 2.2.425 WAC 173-425 Open Burning 173-425-010 Purpose [09/17/90] 173-425-020 Applicability [09/17/90] 173-425-030 Definitions [09/17/90] 173-425-036 Curtailment during episodes of impaired air quality [09/17/ 90] 173-425-045 Prohibited materials [01/03/89] 173-425-055 Exceptions [09/17/90] 173-425-065 Residential open burning [09/17/90] 173-425-075 Commercial open burning [09/17/90] 173-425-085 Agricultural open burning [09/17/90] 173-425-095 No burn area designation [09/17/90] 173-425-100 Delegation of agricultural open burning program [09/17/90] 173-425-115 Land clearing projects [09/17/90] 173-425-120 Department of Natural Resources Smoke Management Plan [09/ 17/90] 173-425-130 Notice of violation [09/17/90] 173-425-140 Remedies [09/17/90] 2.2.430 WAC 173-430 Burning of Field and Forage and Turf Grasses Grown for Seed 173-430-010 Purpose [09/17/90] 173-430-020 Definitions [09/17/90] 173-430-030 Permits, conditions, and restrictions [09/17/90] 173-430-040 Mobile field burners [09/17/90] 173-430-050 Other approvals [09/17/90] 173-430-060 Study of alternatives [09/17/90] 173-430-070 Fees [09/17/90] 173-430-080 Certification of alternatives [09/17/90] 2.2.433 WAC 173-433 Solid Fuel Burning Device Standards 173-433-010 Purpose [12/16/87] 173-433-020 Applicability [12/16/87] 173-433-030 Definitions [09/17/90] 173-433-100 Emission performance standards [09/17/90] 173-433-110 Opacity standards [09/17/90] 173-433-120 Prohibited fuel types [09/17/90] 173-433-130 General emission standards [09/17/90] 173-433-150 Curtailment [09/17/90] 173-433-170 Retail sales fees [01/03/89] 173-433-200 Regulatory actions and penalties [09/17/90] 2.2.434 WAC Solid Waste Incinerator Facilities 173-434 173-434- Purpose [10/18/90] 010 173-434- Applicability and Compliance [1/22/04] 020 173-434- Definitions [1/22/04] 030 173-434- Operation and Maintenance Plan [10/18/ 090 90] 173-434- Standards of Performance, except (1)(a) 110 [1/22/04] 173-434- Emission Standards, except (2) [1/22/ 130 04] 173-434- Design and Operation [1/22/04] 160 173-434- Monitoring and Reporting [1/22/04] 170 173-434- Changes in Operation [1/22/04] 190 173-434- Emission Inventory [1/22/04] 200 173-434- Special Studies [10/18/90] 210 2.2.435 WAC 173-435 Emergency Episode Plan 173-435-010 Purpose [01/03/89] 173-435-015 Significant harm levels [01/03/89] 173-435-020 Definitions [01/03/89] 173-435-030 Episode stage criteria [01/03/89] 173-435-040 Source emission reduction plans [01/03/89] 173-435-050 Action procedures [01/03/89] 173-435-060 Enforcement [01/03/89] 173-435-070 Sampling sites, equipment, and methods [01/03/89 except section (1)] 2.2.440 WAC 173-440 Sensitive Areas 173-440-010 Purpose [09/17/90] 173-440-020 Applicability [09/16/87] 173-440-030 Definitions [09/17/90] 173-440-040 Sensitive areas designated [09/16/87] 173-440-100 Standards [09/17/90] 173-440-900 Appendix A_Map [09/16/87] 2.2.470 WAC 173-470 Ambient Air Quality Standards for Particulate Matter 173-470-010 Purpose [09/16/87] 173-470-020 Applicability [09/16/87] 173-470-030 Definitions [01/03/89] 173-470-100 Ambient air quality standards [01/03/89] 173-470-160 Reporting of data [09/16/87] 2.2.490 WAC 173-490 Emission Standards and Controls for Sources Emitting Volatile Organic Compounds 173-490-010 Policy and purpose [02/19/91] 173-490-020 Definitions [02/19/91] 173-490-025 General applicability [02/19/91] 173-490-030 Registration and reporting [02/19/91] 173-490-040 Requirements [02/19/91] 173-490-080 Exceptions and alternative methods [02/19/91] 173-490-090 New source review (NSR) [02/19/91] 173-490-200 Petroleum refinery equipment leaks [02/19/91] 173-490-201 Petroleum liquid storage in external floating roof tanks [02/19/91] 173-490-202 Leaks from gasoline transport tanks and vapor collection systems [02/19/91] 173-490-203 Perchloroethylene dry cleaning systems [02/19/91] 173-490-204 Graphic arts systems [02/19/91] 173-490-205 Surface coating of miscellaneous metal parts and products [02/19/91] 173-490-207 Surface coating of flatwood paneling [02/19/91] 173-490-208 Aerospace assembly and component coating operations [02/19/ 91] 2.2.490 WAC 173-492 Motor Fuel Specifications for Oxygenated Gasoline 173-492-010 Policy and purpose [10/07/92] 173-492-020 Applicability [10/07/92] 173-492-030 Definitions [10/07/92] 173-492-060 Labeling requirements [10/07/92] 173-492-070 Control areas and control periods [10/07/92] 2.3.EFSEC Energy Facilities Site Evaluation Council Regulation (EFSEC) 2.3.463-39 WAC 463-39 General Regulations for Air Pollution Sources 463-39-010 Purpose [07/23/79] 463-39-020 Applicability [07/23/79] 463-39-030 Additional definitions [07/23/79 except sections (4), (7), (10), (24), (25), (30), (35), and (36)] 463-39-040 General standards for maximum permissible emissions [07/23/ 79 except introductory paragraph] 463-39-050 Minimum emission standards for combustion and incineration sources [07/23/79] 463-39-060 Minimum emission standards for general process sources [07/ 23/79] 463-39-080 Compliance schedules [07/23/79] 463-39-100 Registration [07/23/79] 463-39-110 New source review (NSR) [07/23/79 except sections (1), the first two sentences of (3)(b), (3)(c), (d), and (e)] 463-39-120 Monitoring and special report [07/23/79] 463-39-130 Regulatory actions [07/23/79] 463-39-135 Criminal penalties [07/23/79] 463-39-150 Variance [07/23/79] 463-39-170 Conflict of interest [07/23/79] ---------------------------------------------------------------------------------------------------------------- Section 3_Local Air Authority Regulations [Dates in brackets indicate local air authority adoption date] ---------------------------------------------------------------------------------------------------------------- 3.NW Northwest Air Pollution Authority (NWAPA) 100 Name of Authority [02/10/93] 101 Short Title [02/10/93] 102 Policy [02/10/93] 103 Duties and Powers [04/14/93] 104 Adoption of State and Federal Laws and Rules [10/13/94] 105 Separability [01/08/69] 106 Public Records [01/08/69] 110 Investigation and Studies [01/08/69] 111 Interference or Obstruction [02/14/73] 112 False and Misleading Oral Statements [02/14/73] 113 Service of Notice [02/14/73] 114 Confidential Information [04/14/93] 120 Hearings [04/14/93] 121 Orders [11/15/88] 122 Appeals from Orders or Violations [11/15/88] 123 Status of Orders on Appeal [11/15/88] 124 Display of Orders [02/14/73] 130 Citations_Notices [02/14/73] 131 Violations_Notices [04/14/93] 132 Criminal Penalty [10/13/94] 133 Civil Penalty [10/13/94] 134 Restraining Orders_Injunction [02/10/93] 135 Additional Enforcement_Compliance schedules [04/14/93] 140 Reporting By Government Agencies [04/14/93] 145 Motor Vehicle Owner Responsibility [02/14/73] 150 Pollutant Disclosure_Reporting by Air Contaminant Sources [09/08/93] 200 Definitions [10/13/94] Control Procedures 300 Notice of Construction When Required [10/13/94] 301 Information Required for Notice of Construction [10/13/94] 302 Issuance of Approval or Order [10/13/94] 303 Notice of Completion_Notice of Violation [08/09/78] 310 Approval to Operate Required [04/14/93] 320 Registration Required [04/14/93] 321 General Requirements for Registration [04/14/93] 322 Exemptions from Registration [10/13/94] 323 Classes of Registration [4/14/93] 324 Fees [10/13/94, except section .121] 325 Transfer [04/14/93] 340 Report of Breakdown and Upset [10/13/94] 341 Schedule Report of Shutdown or Start-up [09/08/93] 342 Operation and Maintenance [09/08/93] 360 Testing and Sampling [02/14/73] 365 Monitoring [02/08/89] 366 Instrument Calibration [09/08/93] Standards 400 Ambient Air Standards_Forward [04/14/93] 401 Suspended Particulate Standards (PM-10) [04/14/93] 410 Sulfur Oxide Standards [04/14/93] 420 Carbon Monoxide Standards [04/14/93] 422 Nitrogen Oxide Standards [4/14/93] 424 Ozone Standards [04/14/93] 450 Emission Standards_Forward [04/14/93] 451 Emission of Air Contaminant_Visual Standards [10/13/94] 452 Motor Vehicle Visual Standard [04/14/93, except section .5] 455 Emission of Particulate Matter [04/14/93] 458 Incinerators_Wood Waste Burners [08/08/78] 460 Sulfur Compounds_Heat/Weight Rate Standard [04/14/93] 462 Sulfur Compounds_Emission Standard [04/14/93] 466 Portland Cement Plants [04/14/93] Regulated Activities and Prohibition s 510 Incinerator Burning [04/14/93] 520 Sulfur Compounds in Fuel [04/14/93] 550 Particulate Matter from Becoming Airborne [01/08/69] 560 Storage of Organic Liquids [04/14/93] 580 Volatile Organic Compound Control (VOC) [10/13/94] 3.PS Puget Sound Air Pollution Control Agency (PSAPCA) 3.PS.1 Regulation I Article 1_Policy, short title, and definitions Section 1.01 Policy [9/9/99] Section 1.03 Name of Agency [9/9/99] Section 1.05 Short Title [9/9/99] Section 1.07 Definitions [4/14/94] Article 3_General Provisions Section 3.04 Reasonably Available Control Technology, except (e) [3/11/ 99] Section 3.06 Credible Evidence [10/8/98] >Article 5_Registration Section 5.02 Applicability and Purpose of the Registration Program [9/ 12/96] Section 5.03 Registration Required, except (a)(5) [7/8/99] Section 5.05 General Reporting Requirements for Registration [9/10/98] Article 6_New Source Review Section 6.03 Notice of Construction [9/12/96] Section 6.04 Notice of Construction Review Fees [9/11/97] Section 6.06 Public Notice [4/14/94] Section 6.07 Order of Approval_Order to Prevent Construction [4/14/94] Section 6.08 Emission Reduction Credit Banking [11/19/92] Section 6.09 Notice of Completion [4/14/94] Section 6.10 Work Done without an Approval [9/11/97] Article 7_Operating Permits Section 7.09 General Reporting Requirements for Operating Permits [9/10/ 98] Article 8_Outdoor Fires Section 8.04 General Conditions for Outdoor Burning [11/9/00] Section 8.05 Agricultural Burning [11/9/00] Section 8.06 Outdoor Burning Ozone Contingency Measure [12/19/02] Section 8.09 Description of King County No-Burn Area [11/9/00] Section 8.10 Description of Pierce County No-Burn Area [11/9/00] Section 8.11 Description of Snohomish County No-Burn Area [11/9/00] Section 8.12 Description of Kitsap County No-Burn Area [10/24/02] Article 9_Emission Standards Section 9.03 Emission of Air Contaminant: Visual Standard, except (e) [3/11/99] Section 9.04 Opacity Standards for Equipment With Continuous Opacity Monitoring Systems, except (d)(2) and (f) [4/9/98] Section 9.05 Refuse Burning [12/9/93] Section 9.07 Sulfur Dioxide Emission Standard [4/14/94] Section 9.08 Fuel Oil Standards [4/14/94] Section 9.09 Particulate Matter Emission Standards [4/9/98] Section 9.15 Fugitive Dust Control Measures [3/11/99] Section 9.16 Spray-Coating Operations [7/12/01] Section 9.20 Maintenance of Equipment [6/9/88] Article 12_Standards of Performance for Continuous Emission Monitoring Systems Section 12.01 Applicability [4/9/98] Section 12.03 Continuous Emission Monitoring System, except (b)(2) [4/9/ 98] Article 13_Solid Fuel Burning Device Standards Section 13.01 Policy and Purpose [9/9/99] Section 13.02 Definitions [10/8/98] Section 13.03 Opacity Standards [10/11/90] Section 13.04 Prohibited Fuel Types [9/26/91] Section 13.05 Curtailment [9/26/91] Section 13.07 Contingency [12/8/94] 3.PS.2_Regulation II Article 1_Purpose, Policy, Short Title, and Definitions Section 1.01 Purpose [9/9/99] Section 1.02 Policy [9/9/99] Section 1.03 Short Title [9/9/99] Section 1.04 General Definitions [12/11/80] Section 1.05 Special Definitions [9/9/99] Article 2_Gasoline Marketing Emission Standards Section 2.01 Definitions [7/8/99] Section 2.03 Petroleum Refineries [6/13/91] Section 2.05 Gasoline Loading Terminals [12/9/93] Section 2.06 Bulk Gasoline Plants [6/13/91] Section 2.07 Gasoline Stations [12/9/99] Section 2.08 Gasoline Transport Tanks [7/8/99] Section 2.09 Oxygenated Gasoline Carbon Monoxide Contingency Measure and Fee Schedule [12/19/02] Section 2.10 Gasoline Station Ozone Contingency Measure [12/19/02] Article 3_Miscellaneous Volatile Organic Compound Emission Standards Section 3.01 Cutback Asphalt Paving [6/13/91] Section 3.02 Volatile Organic Compound Storage Tanks [7/8/99] Section 3.03 Can and Paper Coating Operations [2/10/94] Section 3.04 Motor Vehicle and Mobile Equipment Coating Operations [12/ 9/93] Section 3.05 Graphic Arts Systems [12/9/93] Section 3.08 Polyester, Vinylester, Gelcoat, and Resin Operations [12/9/ 93] Section 3.09 Aerospace Component Coating Operations [12/9/93] Section 3.11 Coatings and Ink Manufacturing [4/11/96] ---------------------------------------------------------------------------------------------------------------- Section 4_Regional Air Quality Plans [Dates in brackets indicate EPA approval date] ---------------------------------------------------------------------------------------------------------------- 4.1 Olympic- Northwest Washington Intrastate 4.1.2 Attainment Plans 4.1.2.PM Particulate Matter (PM10) 4.1.2.PM.1 Thurston County PM10 [07/27/93] 4.1.2.TSP Total Suspended Particulates (TSP) 4.1.2.TSP.1 Longview TSP [06/05/80] 4.2 Puget Sound Intrastate 4.2.2 Attainment Plans 4.2.2.CO Carbon Monoxide (CO) 4.2.2.CO.1 Seattle CO [02/28/83] 4.2.2.CO.2 Tacoma CO [07/16/84] 4.2.2.CO.3 Puget Sound CO section 5.2 [01/22/93] 4.2.2.OZ Ozone (O3) 4.2.2.OZ.1 Seattle-Tacoma O3 [02/28/83] 4.2.2.PM Particulate Matter (PM10) 4.2.2.PM.1 Kent PM10 [07/27/93] 4.2.2.PM.2 Seattle PM10 [conditional approval 08/22/94] 4.2.2.PM.3 Tacoma PM10 [conditional approval 12/12/94] 4.2.3 Lead Implementation Plan [04/01/85] 4.3 Southwest Washington Interstate 4.3.2 Attainment Plans 4.3.2.CO Carbon Monoxide (CO) 4.3.2.CO.1 Vancouver CO [12/30/94] 4.3.2.OZ Ozone (O3) 4.3.2.OZ.1 Vancouver O3 [11/14/94] 4.3.2.TSP Total Suspended Particulates (TSP) 4.3.2.TSP.1 Vancouver TSP [09/14/81] 4.5 Eastern Washington Interstate 4.5.2 Attainment Plans 4.5.2.CO Carbon Monoxide (CO) 4.5.2.CO.1 Spokane CO [03/22/82] 4.5.2.CO.1a Spokane CO section 5.2 [01/22/93] 4.5.2.TSP Total Suspended Particulates (TSP) 4.5.2.TSP.1 Spokane TSP [09/14/81] 4.6 South Central Washington Intrastate 4.6.2 Attainment Plans 4.6.2.CO Carbon Monoxide (CO) 4.6.2.CO.1 Yakima CO [09/14/81] ---------------------------------------------------------------------------------------------------------------- Section 5_Federally Mandated Programs [Dates in brackets indicate EPA approval date] ---------------------------------------------------------------------------------------------------------------- 5.BAP_Busin ess Assistance Program [5/ 8/95] 5.IM_Motor Vehicle Inspection/ Maintenanc e Program [9/25/96] 5.OXY_Oxyge nated Gasoline Program [3/ 21/94] 5.SMP_Smoke Management Program [7/ 6/87] 5.VIS_Washi ngton State Visibility Protection Program [7/ 6/87] 5.VIS.NSR_V isibility New Source Review (NSR) for nonattainm ent areas for Washington [7/28/86] ------------ Supplementa l Section A_Referenc e Material [Date in brackets indicate EPA effective date] ------------ A.1_Descrip tion of Source test Program for the State Implementa tion Plan [10/24/84] ------------ Supplementa l B_Administ rative and Procedural Material [Dates in brackets indicate EPA effective date] ------------ B.3_Corresp ondence B.3.1_Legal Authority [6/05/80] B.3.2_Corre spondence prior to 1991 B.3.2.1_New Source Performanc e Standards (NSPS) for Tri- Counties [9/23/81] ---------------------------------------------------------------------------------------------------------------- [60 FR 33735, June 29, 1995, as amended at 62 FR 68188, Dec. 31, 1997; 68 FR 34825, June 11, 2003; 69 FR 53010, Aug. 31, 2004; 70 FR 44857, Aug. 4, 2005] §§ 52.2480-52.2494 [Reserved] top § 52.2495 Voluntary limits on potential to emit top Terms and conditions of regulatory orders issued pursuant to WAC 173–400–091 “Voluntary limits on emissions” and in accordance with the provisions of WAC 173–400–091, WAC 173–400–105 “Records, monitoring, and reporting,” and WAC 173–400–171 “Public involvement,” shall be applicable requirements of the federally-approved Washington SIP and Section 112(l) program for the purposes of section 113 of the Clean Air Act and shall be enforceable by EPA and by any person in the same manner as other requirements of the SIP and Section 112(l) program. Regulatory orders issued pursuant to WAC 173–400–091 are part of the Washington SIP and shall be submitted to EPA Region 10 in accordance with the requirements of §§51.104(e) and 51.326. [60 FR 28728, June 2, 1995] § 52.2496 [Reserved] top § 52.2497 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Washington. (c) In accordance with section 164 of the Clean Air Act and the provisions of 40 CFR 52.21(g), the Spokane Indian Reservation is designated as a Class I area for the purposes of preventing significant deterioration of air quality. [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 56 FR 14862, Apr. 12, 1991; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003] § 52.2498 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulations for visibility new source review. The provisions of §52.28 are hereby incorporated and made a part of the applicable plan for the State of Washington. [51 FR 23228, June 26, 1986] Subpart XX—West Virginia top § 52.2520 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for West Virginia under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates on or after December 1, 2004, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region III certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of December 1, 2004. (3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA-Approved Regulations. EPA-Approved Regulations in the West Virginia SIP ---------------------------------------------------------------------------------------------------------------- Additional State citation [Chapter 16-20 or State explanation/ 45 CSR] Title/subject effective EPA approval date citation at 40 date CFR 52.2565 ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 1 NOX Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides ---------------------------------------------------------------------------------------------------------------- Section 45-1-1................... General............. 5/1/02 5/10/02, 67 FR 37133 (c)(46) Section 45-1-2................... Definitions......... 5/1/02 5/10/02, 67 FR 37133 (c)(46) Section 45-1-3................... Measurements, 5/1/02 5/10/02, 67 FR 37133 (c)(46) Abbreviations and Acronyms. Section 45-1-4................... NOX Budget Trading 5/1/02 5/10/02, 67 FR 37133 (c)(46) Program Applicability. Section 45-1-5................... Retired Unit 5/1/02 5/10/02, 67 FR 37133 (c)(46) Exemption. Section 45-1-6................... NOX Budget Trading 5/1/02 5/10/02, 67 FR 37133 (c)(46) Program Standard Requirements. Section 45-1-7................... Computation of Time. 5/1/02 5/10/02, 67 FR 37133 (c)(46) Section 45-1-10.................. Authorization and 5/1/02 5/10/02, 67 FR 37133 (c)(46) Responsibilities of the NOX Authorized Account Representative. Section 45-1-11.................. Alternate NOX 5/1/02 5/10/02, 67 FR 37133 (c)(46) Authorized Account Representative. Section 45-1-12.................. Changing the NOX 5/1/02 5/10/02, 67 FR 37133 (c)(46) Authorized Account Representative and the Alternate NOX Authorized Account Representative; Changes in Owners and Operators. Section 45-1-13.................. Account Certificate 5/1/02 5/10/02, 67 FR 37133 (c)(46) of Representation. Section 45-1-14.................. Objections 5/1/02 5/10/02, 67 FR 37133 (c)(46) Concerning the NOX Authorized Account Representative. Section 45-1-20.................. General NOX Budget 5/1/02 5/10/02, 67 FR 37133 (c)(46) Trading Program Permit Requirements. Section 45-1-21.................. NOX Budget Permit 5/1/02 5/10/02, 67 FR 37133 (c)(46) Applications. Section 45-1-22.................. Information 5/1/02 5/10/02, 67 FR 37133 (c)(46) Requirements for NOX Budget Permit Applications. Section 45-1-23.................. NOX Budget Permit 5/1/02 5/10/02, 67 FR 37133 (c)(46) Contents. Section 44-1-24.................. NOX Budget Permit 5/1/02 5/10/02, 67 FR 37133 (c)(46) Revisions. Section 45-1-30.................. Compliance 5/1/02 5/10/02, 67 FR 37133 (c)(46) Certification Report. Section 45-1-31.................. Secretary's and 5/1/02 5/10/02, 67 FR 37133 (c)(46) Administrator's Action on Compliance Certifications. Section 45-1-40.................. State NOX Trading 5/1/02 5/10/02, 67 FR 37133 (c)(46) Program Budget. Section 45-1-41.................. Timing Requirements 5/1/02 5/10/02, 67 FR 37133 (c)(46) for State NOX Allowance Allocations. Section 45-1-42.................. State NOX Allowance 5/1/02 5/10/02, 67 FR 37133 (c)(46) Allocations. Section 45-1-43.................. Compliance 5/1/02 5/10/02, 67 FR 37133 (c)(46) Supplement Pool. Section 45-1-50.................. NOX Allowance 5/1/02 5/10/02, 67 FR 37133 (c)(46) Tracking System Accounts. Section 45-1-51.................. Establishment of 5/1/02 5/10/02, 67 FR 37133 (c)(46) Accounts. Section 45-1-52.................. NOX Allowance 5/1/02 5/10/02, 67 FR 37133 (c)(46) Tracking System Responsibilities of NOX Authorized Account Representative. Section 45-1-53.................. Recordation of NOX 5/1/02 5/10/02, 67 FR 37133 (c)(46) Allowance Allocations. Section 45-1-54.................. Compliance.......... 5/1/02 5/10/02, 67 FR 37133 (c)(46) Section 45-1-55.................. NOX Allowance 5/1/02 5/10/02, 67 FR 37133 (c)(46) Banking. Section 45-1-56.................. Account Error....... 5/1/02 5/10/02, 67 FR 37133 (c)(46) Section 45-1-57.................. Closing of General 5/1/02 5/10/02, 67 FR 37133 (c)(46) Accounts. Section 45-1-60.................. Submission of NOX 5/1/02 5/10/02, 67 FR 37133 (c)(46) Allowance Transfers. Section 45-1-61.................. Allowance Transfer 5/1/02 5/10/02, 67 FR 37133 (c)(46) Recordation. Section 45-1-62.................. Notification........ 5/1/02 5/10/02, 67 FR 37133 (c)(46) Section 45-1-70.................. General Monitoring 5/1/02 5/10/02, 67 FR 37133 (c)(46) Requirements. Section 45-1-71.................. Initial 5/1/02 5/10/02, 67 FR 37133 (c)(46) Certification and Recertification Procedures. Section 45-1-72.................. Out of Control 5/1/02 5/10/02, 67 FR 37133 (c)(46) Periods. Section 45-1-73.................. Notifications....... 5/1/02 5/10/02, 67 FR 37133 (c)(46) Section 45-1-74.................. Recordkeeping and 5/1/02 5/10/02, 67 FR 37133 (c)(46) Reporting. Section 45-1-75.................. Petitions........... 5/1/02 5/10/02, 67 FR 37133 (c)(46) Section 45-1-76.................. Additional 5/1/02 5/10/02, 67 FR 37133 (c)(46) Requirements to Provide Heat Input Data. Section 45-1-80.................. Individual Opt-in 5/1/02 5/10/02, 67 FR 37133 (c)(46) Applicability. Section 45-1-81.................. Opt-in General 5/1/02 5/10/02, 67 FR 37133 (c)(46) Requirements. Section 45-1-82.................. Opt-in NOX 5/1/02 5/10/02, 67 FR 37133 (c)(46) Authorized Account Representative. Section 45-1-83.................. Applying for NOX 5/1/02 5/10/02, 67 FR 37133 (c)(46) Budget Opt-in Permit. Section 45-1-84.................. Opt-in Process...... 5/1/02 5/10/02, 67 FR 37133 (c)(46) Section 45-1-85.................. NOX Budget Opt-in 5/1/02 5/10/02, 67 FR 37133 (c)(46) Permit Contents. Section 45-1-86.................. Withdrawal from NOX 5/1/02 5/10/02, 67 FR 37133 (c)(46) Budget Trading Program. Section 45-1-87.................. Change in Regulatory 5/1/02 5/10/02, 67 FR 37133 (c)(46) Status. Section 45-1-88.................. NOX Allowance 5/1/02 5/10/02, 67 FR 37133 (c)(46) Allocations to Opt- in Units. Section 45-1-100................. Requirements for 5/1/02 5/10/02, 67 FR 37133 (c)(46) Emissions of NOX from Cement Manufacturing Kilns. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 2 To Prevent and Control Particulate Air Pollution From Combustion of Fuel in Indirect Heat Exchangers ---------------------------------------------------------------------------------------------------------------- Section 45-2-1................... General............. 8/31/00 8/11/03, 68 FR 47473 (c)(56) Section 45-2-2................... Definitions......... 8/31/00 8/11/03, 68 FR 47473 (c)(56) Section 45-2-3................... Visible Emissions of 8/31/00 8/11/03, 68 FR 47473 (c)(56) Smoke and/or Particulate Matter Prohibited and Standards of Measurement. Section 45-2-4................... Weight Emission 8/31/00 8/11/03, 68 FR 47473 (c)(56) Standards. Section 45-2-5................... Control of Fugitive 8/31/00 8/11/03, 68 FR 47473 (c)(56) Particulate Matter. Section 45-2-6................... Registration........ 8/31/00 8/11/03, 68 FR 47473 (c)(56) Section 45-2-7................... Permits............. 8/31/00 8/11/03, 68 FR 47473 (c)(56) Section 45-2-8................... Testing, Monitoring, 8/31/00 8/11/03, 68 FR 47473 (c)(56) Recordkeeping, and Reporting. Section 45-2-9................... Start-ups, 8/31/00 8/11/03, 68 FR 47473 (c)(56) Shutdowns, and Malfunctions. Section 45-2-10.................. Variances........... 8/31/00 8/11/03, 68 FR 47473 (c)(56) Section 45-2-11.................. Exemptions.......... 8/31/00 8/11/03, 68 FR 47473 (c)(56) Section 45-2-12.................. Inconsistency 8/31/00 8/11/03, 68 FR 47473 (c)(56) Between Rules. Table 45-2A...................... [Total Allowable 8/31/00 8/11/03, 68 FR 47473 (c)(56) Particulate Matter Emission Rate for All Type `c' Fule Burning Units Located at One Plant]. ---------------------------------------------------------------------------------------------------------------- 45CSR2 Appendix Compliance Test Procedures for 45CSR2 ---------------------------------------------------------------------------------------------------------------- Section 1........................ General............. 8/31/00 8/11/03, 68 FR 47473 (c)(56) Section 3........................ Symbols............. 8/31/00 8/11/03, 68 FR 47473 (c)(56) Section 4........................ Adoption of Test 8/31/00 8/11/03, 68 FR 47473 (c)(56) Methods. Section 5........................ Unit Load and Fuel 8/31/00 8/11/03, 68 FR 47473 (c)(56) Quality Requirements. Section 6........................ Minor Exceptions.... 8/31/00 8/11/03, 68 FR 47473 (c)(56) Section 7........................ Pretest and Post 8/31/00 8/11/03, 68 FR 47473 (c)(56) Test General Requirements. Section 8........................ Heat Input Data 8/31/00 8/11/03, 68 FR 47473 (c)(56) Measurements. Section 9........................ Computations and 8/31/00 8/11/03, 68 FR 47473 (c)(56) Data Analysis. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 3 To Prevent and Control Air Pollution From the Operation of Hot Mix Asphalt Plants ---------------------------------------------------------------------------------------------------------------- Section 45-3-1................... General............. 8/31/00 10/11/02, 67 FR 63270 (c)(48) Section 45-3-2................... Definitions......... 8/31/00 10/11/02, 67 FR 63270 (c)(48) Section 45-3-3................... Emission of Smoke 8/31/00 10/11/02, 67 FR 63270 (c)(48) and/or Particulate Matter Prohibited and Standards of Measurement_Visible. Section 45-3-4................... Emission of Smoke 8/31/00 10/11/02, 67 FR 63270 (c)(48) and/or Particulate Matter Prohibited and Standards of Measurement_Weight Emissions. Section 45-3-5................... Permits............. 8/31/00 10/11/02, 67 FR 63270 (c)(48) Section 45-3-6................... Reports and Testing. 8/31/00 10/11/02, 67 FR 63270 (c)(48) Section 45-3-7................... Variance............ 8/31/00 10/11/02, 67 FR 63270 (c)(48) Section 45-3-8................... Circumvention....... 8/31/00 10/11/02, 67 FR 63270 (c)(48) Section 45-3-9................... Inconsistency 8/31/00 10/11/02, 67 FR 63270 (c)(48) Between Rules. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 5 To Prevent and Control Air Pollution From the Operation of Coal Preparation Plants, Coal Handling Operations, and Coal Refuse Disposal Areas ---------------------------------------------------------------------------------------------------------------- Section 45-5-1................... General............. 8/31/00 10/07/02, 67 FR 63279 (c)(47) Section 45-5-2................... Definitions......... 8/31/00 10/07/02, 67 FR 63279 (c)(47) Section 45-5-3................... Emission of 8/31/00 10/7/02, 67 FR 62379 (c)(47) Particulate Matter Prohibited and Standards of Measurement. Section 45-5-4................... Control and 8/31/00 10/7/02, 67 FR 62379 (c)(47) Prohibition of Particulate Emissions from Coal Thermal Drying Operations of a Coal Preparation Plant. Section 45-5-5................... Control and 10/22/93 7/13/99, 64 FR 37681 (c)(42) Prohibition of Particulate Emissions From an Air Table Operation of a Coal Preparation Plant. Section 45-5-6................... Control and 8/31/00 10/7/02, 67 FR 62379 (c)(47) Prohibition of Fugitive Dust Emissions From Coal Handling Operations and Preparation Plants. Section 45-5-7................... Standards for Coal 8/31/00 10/7/02, 67 FR 62379 (c)(47) Refuse Disposal Areas. Section 45-5-8................... Burning coal Refuse 8/31/00 10/7/02 67 FR 62379 (c)(47) Disposal Areas. Section 45-5-9................... Monitoring of 8/31/00 10/7/02, 67 FR 62379 (c)(47) Operations. Section 45-5-10.................. Construction, 8/31/00 10/7/02, 67 FR 62379 (c)(47) Modification, and Relocation Permits. Section 45-5-11.................. Operation Permits... 8/31/00 10/7/02, 67 FR 62379 (c)(47) Section 45-5-12.................. Reporting and 8/31/00 10/7/02, 67 FR 62379 (c)(47) Testing. Section 45-5-13.................. Variance............ 8/31/00 10/7/02, 67 FR 62379 (c)(47) Section 45-5-14.................. Transfer of Permits. 8/31/00 10/7/02, 67 FR 62379 (c)(47) Section 45-5-15.................. Inconsistency 8/31/00 10/7/02, 67 FR 62379 (c)(47) Between Rules. Appendix......................... Particulate Emission 8/31/00 10/7/02, 67 FR 62379 (c)(47) Limitations and Operational Monitoring Requirements Applicable to Thermal Dryers Installed Before October 24, 1974. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 6 To Prevent and Control Air Pollution From Combustion of Refuse ---------------------------------------------------------------------------------------------------------------- Section 45-6-1................... General............. 7/1/01 2/10/03, 68 FR 6627 (c)(51) Section 45-6-2................... Definitions......... 7/1/01 2/10/03, 68 FR 6627 (c)(51) Section 45-6-3................... Open Burning 7/1/01 2/10/03, 68 FR 6627 (c)(51) Prohibited. Section 45-6-4................... Emission Standards 7/1/01 2/10/03, 68 FR 6627 (c)(51) for Incinerators and Incineration. Section 45-6-5................... Registration........ 7/1/01 2/10/03, 68 FR 6627 (c)(51) Section 45-6-6................... Permits............. 7/1/01 2/10/03, 68 FR 6627 (c)(51) Section 45-6-7................... Reports and Testing. 7/1/01 2/10/03, 68 FR 6627 (c)(51) Section 45-6-8................... Variances........... 7/1/01 2/10/03, 68 FR 6627 (c)(51) Section 45-6-9................... Emergencies and 7/1/01 2/10/03, 68 FR 6627 (c)(51) Natural Disasters. Section 45-6-10.................. Effect of the Rule.. 7/1/01 2/10/03, 68 FR 6627 (c)(51) Section 45-6-11.................. Inconsistency 7/1/01 2/10/03, 68 FR 6627 (c)(51) Between Rules. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 7 To Prevent and Control Particulate Matter Air Pollution From Manufacturing Process Operations ---------------------------------------------------------------------------------------------------------------- Section 45-7-1................... General............. 8/31/00 06/03/03, 68 FR 33010 (c)(55) Section 45-7-2................... Definitions......... 08/31/00 06/03/03, 68 FR 33010 (c)(55) Section 45-7-3................... Emission of Smoke 08/31/00 06/03/03, 68 FR 33010 (c)(55) and/or Particulate Matter Prohibited and Standards of Measurement. Section 45-7-4................... Control and 08/31/00 06/03/03, 68 FR 33010 (c)(55) Prohibition of Particulate Emissions by Weight from Manufacturing Process Source Operations. Section 45-7-5................... Control of Fugitive 08/31/00 06/03/03, 68 FR 33010 (c)(55) Particulate Matter. Section 45-7-6................... Registration........ 08/31/00 06/03/03, 68 FR 33010 (c)(55) Section 45-7-7................... Permits............. 08/31/00 06/03/03, 68 FR 33010 (c)(55) Section 45-7-8................... Reporting and 08/31/00 06/03/03, 68 FR 33010 (c)(55) Testing. Section 45-7-9................... Variance............ 08/31/00 06/03/03, 68 FR 33010 (c)(55) Section 45-7-10.................. Exemptions.......... 08/31/00 06/03/03, 68 FR 33010 (c)(55) Section 45-7-11.................. Alternative Emission 08/31/00 06/03/03, 68 FR 33010 (c)(55) Limits for Duplicate Source Operations. Section 45-7-12.................. Inconsistency 08/31/00 06/03/03, 68 FR 33010 (c)(55) Between Rules. TABLE 45-7A, TABLE 45-7B......... [Maximum Allowable 08/31/00 06/03/03, 68 FR 33010 (c)(55) Emission Rates From Sources Governed by 45 CFR Series 7]. ---------------------------------------------------------------------------------------------------------------- [Ch. 16-20] TP-4 Compliance Test Procedures for Regulation VII_``To Prevent and Control Particulate Air Pollution From Manufacturing Process Operations'' ---------------------------------------------------------------------------------------------------------------- Section 1........................ General............. 2/23/84 6/28/85, 45 FR 26732 no (c) number; Section 2........................ Visible Emission 2/23/84 6/28/85, 45 FR 26732 no (c) number; Test Procedure. Section 3........................ Mass Emission Test 2/23/84 6/28/85, 45 FR 26732 no (c) number; Procedures. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 8 Ambient Air Quality Standards for Sulfur Oxides and Particulate Matter ---------------------------------------------------------------------------------------------------------------- Section 45-8-1................... General............. 4/25/90 6/28/93, 58 FR 34526 (c)(28) Section 45-8-2................... Definitions......... 4/25/90 6/28/93, 58 FR 34526 (c)(28) Section 45-8-3................... Ambient Air Quality 4/25/90 6/28/93, 58 FR 34526 (c)(28) Standards. Section 45-8-4................... Methods of 4/25/90 6/28/93, 58 FR 34526 (c)(28) Measurement. Section 45-8-5................... Inconsistency 4/25/90 6/28/93, 58 FR 34526 (c)(28) Between Regulations. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 9_Ambient Air Quality Standards for Carbon Monoxide and Ozone ---------------------------------------------------------------------------------------------------------------- Section 45-9-1................... General............. 6/1/00 10/7/02, 67 FR 62381 (c)(50) Section 45-9-2................... Anti-Degradation 6/1/00 10/7/02, 67 FR 62381 (c)(50) Policy. Section 45-9-3................... Definitions......... 6/1/00 10/7/02, 67 FR 62381 (c)(50) Section 45-9-4................... Ambient Air Quality 6/1/00 10/7/02, 67 FR 62381 (c)(50) Standards. Section 45-9-5................... Methods of 6/1/00 10/7/02, 67 FR 62381 (c)(50) Measurement. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 10_To Prevent and Control Air Pollution from The Emission of Sulfur Oxides ---------------------------------------------------------------------------------------------------------------- Section 45-10-1.................. General............. 8/31/00 6/3/03, 68 FR 33002 (c)(53) Section 45-10-2.................. Definitions......... 8/31/00 6/3/03, 68 FR 33002 (c)(53) Section 45-10-3.................. Sulfur Dioxide 8/31/00 6/3/03, 68 FR 33002 (c)(53) Weight Emission Standards for Fuel Burning Units. Section 45-10-4.................. Standards for 8/31/00 6/3/03, 68 FR 33002 (c)(53) Manufacturing Process Source Operations. Section 45-10-5.................. Combustion of 8/31/00 6/3/03, 68 FR 33002 (c)(53) Refinery or Process Gas Streams. Section 45-10-6.................. Registration........ 8/31/00 6/3/03, 68 FR 33002 (c)(53) Section 45-10-7.................. Permits............. 8/31/00 6/3/03, 68 FR 33002 (c)(53) Section 45-10-8.................. Testing, Monitoring, 8/31/00 6/3/03, 68 FR 33002 (c)(53) Recordkeeping and Reporting. Section 45-10-9.................. Variance............ 8/31/00 6/3/03, 68 FR 33002 (c)(53) Section 45-10-10................. Exemptions and 8/31/00 6/3/03, 68 FR 33002 (c)(53) Recommendations. Section 45-10-11................. Circumvention....... 8/31/00 6/3/03, 68 FR 33002 (c)(53) Section 45-10-12................. Inconsistency 8/31/00 6/3/03, 68 FR 33002 (c)(53) Between Rules. TABLE 45-10A..................... [Priority 8/31/00 6/3/03, 68 FR 33002 (c)(53) Classifications]. TABLE 45-10B..................... [Allowable Percent 8/31/00 6/3/03, 68 FR 33002 (c)(53) Sulfur Content of Fuels]. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 11 Prevention of Air Pollution Emergency Episodes ---------------------------------------------------------------------------------------------------------------- Section 45-11-1.................. General............. 4/25/90 6/28/93, 58 FR 34526 (c)(28) Section 45-11-2.................. Definitions......... 4/25/90 6/28/93, 58 FR 34526 (c)(28) Section 45-11-3.................. Episode Criteria.... 4/25/90 6/28/93, 58 FR 34526 (c)(28) Section 45-11-4.................. Methods of 4/25/90 6/28/93, 58 FR 34526 (c)(28) Measurement. Section 45-11-5.................. Preplanned Reduction 4/25/90 6/28/93, 58 FR 34526 (c)(28) Strategies. Section 45-11-6.................. Emission Reduction 4/25/90 6/28/93, 58 FR 34526 (c)(28) Plans. TABLE I.......................... Emission Reduction 4/25/90 6/28/93, 58 FR 34526 (c)(28) Plans_Alert Level. TABLE II......................... Emission Reduction 4/25/90 6/28/93, 58 FR 34526 (c)(28) Plans_Warning Level. TABLE III........................ Emission Reduction 4/25/90 6/28/93, 58 FR 34526 (c)(28) Plans_Emergency Level. Section 45-11-7.................. Air Pollution 4/25/90 6/28/93, 58 FR 34526 (c)(28) Emergencies; Contents of Order; Hearings; Appeals. Section 45-11-8.................. Inconsistency 4/25/90 6/28/93, 58 FR 34526 (c)(28) Between Regulations. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 12 Ambient Air Quality Standard for Nitrogen Dioxide ---------------------------------------------------------------------------------------------------------------- Section 45-12-1.................. General............. 6/1/00 10/7/02, 67 FR 62378 (c)(49) Section 45-12-2.................. Anti-Degradation 6/1/00 10/7/02, 67 FR 62378 (c)(49) Policy. Section 45-12-3.................. Definitions......... 6/1/00 10/7/02, 67 FR 62378 (c)(49) Section 45-12-4.................. Ambient Air Quality 6/1/00 10/7/02, 67 FR 62378 (c)(49) Standard. Section 45-12-5.................. Methods of 6/1/00 10/7/02, 67 FR 62378 (c)(49) Measurement. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 13 Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation ---------------------------------------------------------------------------------------------------------------- Section 45-13-1.................. General............. 6/1/00 2/28/03 68 FR 9559 (c)(52) Section 45-13-2.................. Definitions......... 6/1/00 2/28/03, 68 FR 9559 (c)(52) Section 45-13-3.................. Reporting 6/1/00 2/28/03, 68 FR 9559 (c)(52) Requirements for Stationary Sources. Section 45-13-4.................. Administrative 6/1/00 2/28/03, 68 FR 9559 (c)(52) Updates to Existing Permits. Section 45-13-5.................. Permit Application 6/1/00 2/28/03, 68 FR 9559 (c)(52) and Reporting Requirements for Construction of and Modifications to Stationary Sources. Section 45-13-6.................. Determination of 6/1/00 2/28/03, 68 FR 9559 (c)(52) Compliance of Stationary Sources. Section 45-13-7.................. Modeling............ 6/1/00 2/28/03, 68 FR 9559 (c)(52) Section 45-13-8.................. Public Review 6/1/00 2/28/03, 68 FR 9559 (c)(52) Procedures. Section 45-13-9.................. Public Meetings..... 6/1/00 2/28/03, 68 FR 9559 (c)(52) Section 45-13-10................. Permit Transfer, 6/1/00 2/28/03, 68 FR 9559 (c)(52) Suspension, Revocation and Responsibility. Section 45-13-11................. Temporary 6/1/00 2/28/03, 68 FR 9559 (c)(52) Construction or Modification Permits. Section 45-13-12................. Permit Application 6/1/00 2/28/03, 68 FR 9559 (c)(52) Fees. Section 45-13-13................. Inconsistency 6/1/00 2/28/03, 68 FR 9559 (c)(52) Between Rules. Section 45-13-14................. Statutory Air 6/1/00 2/28/03, 68 FR 9559 (c)(52) Pollution. Section 45-13-15................. Hazardous Air 6/1/00 2/28/03, 68 FR 9559 (c)(52) Pollutants. TABLE 45-13A..................... Potential Emission 6/1/00 2/28/03, 68 FR 9559 (c)(52) Rate. TABLE 45-13B..................... De Minimus Sources.. 6/1/00 2/28/03, 68 FR 9559 (c)(52) ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 14 Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration ---------------------------------------------------------------------------------------------------------------- Section 45-14-1.................. General............. 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) 1/95 Section 45-14-2.................. Definitions......... 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) 1/95 Section 45-14-3.................. Ambient Air Quality 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Increments and 1/95 Ceilings. Section 45-14-4.................. Area Classification. 4/25/90 6/28/93, 58 FR 34526 (c)(28) Section 45-14-5.................. Prohibition of 5/1/95 10/22/96, 61 FR 54735 (c)(40) Dispersion Enhancement Techniques. Section 45-14-6.................. Registration, Report 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) and Permit 1/95 Requirements for Major Stationary Sources and Major Modifications. Section 45-14-7.................. Requirements 5/1/95 10/22/96, 61 FR 54735 (c)(40) Relating to Control Technology. Section 45-14-8.................. Requirements 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Relating to the 1/95 Source's Impact on Air Quality. Section 45-14-9.................. Requirements for Air 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Quality Models. 1/95 Section 45-14-10................. Requirements for Air 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Quality Monitoring. 1/95 Section 45-14-11................. Requirements for 4/25/90 6/28/93, 58 FR 34526 (c)(28) Additional Impacts Analysis. Section 45-14-12................. Additional 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Requirements and 1/95 Variances for Sources Impacting Federal Class I Areas. Section 45-14-13................. Procedures for 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Sources Employing 1/95 Innovative Control Technology. Section 45-14-14................. Exclusions From 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Increment 1/95 Consumption. Section 45-14-15................. Exemptions From 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Specific 1/95 Requirements of This Rule. Section 45-14-16................. Public Review 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Procedures. 1/95 Section 45-14-17................. Public Meetings..... 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) 1/95 Section 45-14-18................. Permit Transfer, 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Cancellation, and 1/95 Responsibility. Section 45-14-19................. Disposition of 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Permits. 1/95 Section 45-14-20................. Conflict with Other 7/7/93, 5/ 10/22/96, 61 FR 54735 (c)(39), (c)(40) Permitting Rules. 1/95 ---------------------------------------------------------------------------------------------------------------- (Ch. 16-20) Series XIX Requirements for Pre-construction Review, Determination of Emission Offsets for Proposed New or Modified Stationary Sources of Air Pollutants and Emission Trading for Intrasource Pollutants ---------------------------------------------------------------------------------------------------------------- Section 1........................ General............. 5/27/83 7/2/85, 50 FR 27247 (c)(22) Section 2........................ Definitions......... 5/27/83 7/2/85, 50 FR 27247 (c)(22) Section 3........................ Applicability....... 5/27/83 7/2/85, 50 FR 27247 (c)(22) Section 4........................ Conditions for a 5/27/83 7/2/85, 50 FR 27247 (c)(22) Permit Approval for Proposed Major Sources That Would Contribute to a Violation of NAAQS. Section 5........................ Conditions for 5/27/83 7/2/85, 50 FR 27247 (c)(22) Permit Approval for Sources Locating in Attainment or Unclassifiable Areas That Would Cause a New Violation of a NAAQS. Section 6........................ Exemptions from 5/27/83 7/2/85, 50 FR 27247 (c)(22) Certain Conditions. Section 7........................ Baseline for 5/27/83 7/2/85, 50 FR 27247 (c)(22) Determining Credit for Emission Offsets. Section 8........................ Location of 5/27/83 7/2/85, 50 FR 27247 (c)(22) Offsetting Emissions. Section 9........................ Administrative 5/27/83 7/2/85, 50 FR 27247 (c)(22) Procedures for Emission Offset Proposals. Section 10....................... Control of Fugitive 5/27/83 7/2/85, 50 FR 27247 (c)(22) Emissions. Section 11....................... Offsetting of 5/27/83 7/2/85, 50 FR 27247 (c)(22) Secondary Emissions. Section 12....................... Bubble Concept for 5/27/83 7/2/85, 50 FR 27247 (c)(22) Intrasource Pollutants. Section 13....................... Discretionary 5/27/83 7/2/85, 50 FR 27247 (c)(22) Decisions Made by the Director. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 20 Good Engineering Practice as Applicable to Stack Heights ---------------------------------------------------------------------------------------------------------------- Section 45-20-1.................. General............. 7/14/89 4/19/94, 59 FR 18489 (c)(27) Section 45-20-2.................. Definitions......... 7/14/89 4/19/94, 59 FR 18489 (c)(27) Section 45-20-3.................. Standards........... 7/14/89 4/19/94, 59 FR 18489 (c)(27) Section 45-20-4.................. Public Review 7/14/89 4/19/94 59 FR 18489 (c)(27) Procedures. Section 45-20-5.................. Inconsistency 7/14/89 4/19/94, 59 FR 18489 (c)(27) Between Regulations. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 21 Regulation to Prevent and Control Air Pollution From the Emission of Volatile Organic Compounds ---------------------------------------------------------------------------------------------------------------- Section 45-21-1.................. General............. 7/7/93 2/1/95, 60 FR 6022 (c)(33) Section 45-21-2.................. Definitions......... 7/7/93 2/1/95, 60 FR 6022 (c)(33) Section 45-21-3.................. Applicability....... 7/7/93 2/1/95, 60 FR 6022 (c)(33) Section 45-21-4.................. Compliance 7/7/93 2/1/95, 60 FR 6022 (c)(33) Certification, Recordkeeping, and Reporting Procedures for Coating Sources. Section 45-21-5.................. Compliance 7/7/93 2/1/95, 60 FR 6022 (c)(33) Certification, Recordkeeping, and Reporting Requirements for Non-Coating Sources. Section 45-21-6.................. Requirements for 7/7/93 2/1/95, 60 FR 6022 (c)(33) Sources Complying by Use of Control Devices. Section 45-21-7.................. Circumvention....... 7/7/93 2/1/95, 60 FR 6022 (c)(33) Section 45-21-8.................. Handling, Storage, 7/7/93 2/1/95, 60 FR 6022 (c)(33) and Disposal of Volatile Organic Compounds (VOCs). Section 45-21-9.................. Compliance Programs, 7/7/93 2/1/95, 60 FR 6022 (c)(33) Registration, Variance, Permits, Enforceability. Section 45-21-11................. Can Coating......... 7/7/93 2/1/95, 60 FR 6022 (c)(33) Section 45-21-12................. Coil Coating........ 7/7/93 2/1/95, 60 FR 6022 (c)(33) Section 45-21-14................. Fabric Coating...... 7/7/93 2/1/95, 60 FR 6022 (c)(33) Section 45-21-15................. Vinyl Coating....... 7/7/93 2/1/95, 60 FR 6022 (c)(33) Section 45-21-16................. Coating of Metal 7/7/93 2/1/95, 60 FR 6022 (c)(33) Furniture. Section 45-21-17................. Coating of Large 7/7/93 2/1/95, 60 FR 6022 (c)(33) Appliances. Section 45-21-18................. Coating of Magnet 7/7/93 2/1/95, 60 FR 6022 (c)(33) Wire. Section 45-21-19................. Coating of 7/7/93 2/1/95, 60 FR 6022 (c)(33) Miscellaneous Metal Parts. Section 45-21-21................. Bulk Gasoline Plants 7/7/93 2/1/95, 60 FR 6022 (c)(33) Section 45-21-22................. Bulk Gasoline 7/7/93 2/1/95, 60 FR 6022 (c)(33) Terminals. Section 45-21-23................. Gasoline Dispensing 7/7/93 2/1/95, 60 FR 6022 (c)(33) Facility_Stage I Vapor Recovery. Section 45-21-24................. Leaks From Gasoline 7/7/93 2/1/95, 60 FR 6022 (c)(33) Tank Trucks. Section 45-21-25................. Petroleum Refinery 7/7/93 2/1/95, 60 FR 6022 (c)(33) Sources. Section 45-21-26................. Leaks From Petroleum 7/7/93 2/1/95, 60 FR 6022 (c)(33) Refinery Equipment. Section 45-21-27................. Petroleum Liquid 7/7/93 2/1/95, 60 FR 6022 (c)(33) Storage in External Floating Roof Tanks. Section 45-21-28................. Petroleum Liquid 7/7/93 2/1/95, 60 FR 6022 (c)(33) Storage in Fixed Roof Tanks. Section 45-21-29................. Leaks From Natural 7/7/93 2/1/95, 60 FR 6022 (c)(33) Gas/Gasoline Processing Equipment. Section 45-21-31................. Cutback and 7/7/93 2/1/95 , 60 FR 6022 (c)(33) Emulsified Asphalt. Section 45-21-39................. Air Oxidation 7/7/93 2/1/95 , 60 FR 6022 (c)(33) Processes in the Synthetic Organic Chemical Manufacturing Industry. Section 45-21-41................. Test Methods and 7/7/93 2/1/95 , 60 FR 6022 (c)(33) Compliance Procedures: General Provisions. Section 45-21-42................. Test Methods and 7/7/93 2/1/95, 60 FR 6022 (c)(33) Compliance Procedures: Determining the Volatile Organic Compound (VOC) Content of Coatings and Inks. Section 45-21-43................. Test Methods and 7/7/93 2/1/95, 60 FR 6022 (c)(33) Compliance Procedures: Alternative Compliance Methods for Surface Coating. Section 45-21-44................. Test Methods and 7/7/93 2/1/95, 60 FR 6022 (c)(33) Compliance Procedures: Emission Capture and Destruction or Removal Efficiency and Monitoring Requirements. Section 45-21-45................. Test Methods and 7/7/93 2/1/95, 60 FR 6022 (c)(33) Compliance Procedures: Determining the Destruction or Removal Efficiency of a Control Device. Section 45-21-46................. Test Methods and 7/7/93 2/1/95, 60 FR 6022 (c)(33) Compliance Procedures: Leak Detection Methods for Volatile Organic Compounds (VOCs).. Section 45-21-47................. Performance 7/7/93 2/1/95, 60 FR 6022 (c)(33) Specifications for Continuous Emissions Monitoring of Total Hydrocarbons. Section 45-21-48................. Quality Control 7/7/93 2/1/95, 60 FR 6022 (c)(33) Procedures for Continuous Emission Monitoring Systems (CEMS). Appendix A....................... VOC Capture 7/7/93 2/1/95, 60 FR 6022 (c)(33) Efficiency. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 26 NOX Budget Training Program as a Means of Control and Reduction of Nitrogen Oxides from Electrical Generating Units ---------------------------------------------------------------------------------------------------------------- Section 45-26-1.................. General............. 5/1/02 5/10/02, 67 FR 31733 (c)(46) Section 45-26-2.................. Definitions......... 5/1/02 5/10/02, 67 FR 31733 (c)(46) Section 45-26-3.................. Measurements, 5/1/02 5/10/02, 67 FR 31733 (c)(46) Abbreviations and Acronyms. Section 45-26-4.................. NOX Budget Trading 5/1/02 5/10/02, 67 FR 31733 (c)(46) Program Applicability. Section 45-26-5.................. Retired Unit 5/1/02 5/10/02, 67 FR 31733 (c)(46) Exemption. Section 45-26-6.................. NOX Budget Trading 5/1/02 5/10/02, 67 FR 31733 (c)(46) Program Standard Requirements. Section 45-26-7.................. Computation of Time. 5/1/02 5/10/02, 67 FR 31733 (c)(46) Section 45-26-10................. Authorization and 5/1/02 5/10/02, 67 FR 31733 (c)(46) Responsibilities of the NOX Authorized Account Representative. Section 45-26-11................. Alternate NOX 5/1/02 5/10/02, 67 FR 31733 (c)(46) Authorized Account Representative. Section 45-26-12................. Changing the NOX 5/1/02 5/10/02, 67 FR 31733 (c)(46) Authorized Account Representative and the Alternate NOX Authorized Account Representative; Changes in Owners and Operators. Section 45-26-13................. Account Certificate 5/1/02 5/10/02, 67 FR 31733 (c)(46) of Representation. Section 45-26-14................. Objections 5/1/02 5/10/02, 67 FR 31733 (c)(46) Concerning the NOX Authorized Account Representative. Section 45-26-20................. General NOX Budget 5/1/02 5/10/02, 67 FR 31733 (c)(46) Trading Program Permit Requirements. Section 45-26-21................. NOX Budget Permit 5/1/02 5/10/02, 67 FR 31733 (c)(46) Applications. Section 45-26-22................. Information 5/1/02 5/10/02, 67 FR 31733 (c)(46) Requirements for NOX Budget Permit Applications. Section 45-26-23................. NOX Budget Permit 5/1/02 5/10/02, 67 FR 31733 (c)(46) Contents. Section 45-26-24................. NOX Budget Permit 5/1/02 5/10/02, 67 FR 31733 (c)(46) Revisions. Section 45-26-30................. Compliance 5/1/02 5/10/02, 67 FR 31733 (c)(46) Certification Report. Section 45-26-31................. Secretary's and 5/1/02 5/10/02, 67 FR 31733 (c)(46) Administrator's Action on Compliance Certifications. Section 45-26-40................. State NOX Trading 5/1/02 5/10/02, 67 FR 31733 (c)(46) Program Budget. Section 45-26-41................. Timing Requirements 5/1/02 5/10/02, 67 FR 31733 (c)(46) for State NOX Allowance Allocations. Section 45-26-42................. State NOX Allowance 5/1/02 5/10/02, 67 FR 31733 (c)(46) Allocations. Section 45-26-43................. Compliance 5/1/02 5/10/02, 67 FR 31733 (c)(46) Supplement Pool. Section 45-26-50................. NOX Allowance 5/1/02 5/10/02, 67 FR 31733 (c)(46) Tracking System Accounts. Section 45-26-51................. Establishment of 5/1/02 5/10/02, 67 FR 31733 (c)(46) Accounts. Section 45-26-52................. NOX Allowance 5/1/02 5/10/02, 67 FR 31733 (c)(46) Tracking System Responsibilities of NOX Authorized Account Representative. Section 45-26-53................. Recordation of NOX 5/1/02 5/10/02, 67 FR 31733 (c)(46) Allowance Allocations. Section 45-26-54................. Compliance.......... 5/1/02 5/10/02, 67 FR 31733 (c)(46) Section 45-26-55................. NOX Allowance 5/1/02 5/10/02, 67 FR 31733 (c)(46) Banking. Section 45-26-56................. Account Error....... 5/1/02 5/10/02, 67 FR 31733 (c)(46) Section 45-26-57................. Closing of General 5/1/02 5/10/02, 67 FR 31733 (c)(46) Accounts. Section 45-26-60................. Submission of NOX 5/1/02 5/10/02, 67 FR 31733 (c)(46) Allowance Transfers. Section 45-26-61................. Allowance Transfer 5/1/02 5/10/02, 67 FR 31733 (c)(46) Recordation. Section 45-26-62................. Notification........ 5/1/02 5/10/02, 67 FR 31733 (c)(46) Section 45-26-70................. General Monitoring 5/1/02 5/10/02, 67 FR 31733 (c)(46) Requirements. Section 45-26-71................. Initial 5/1/02 5/10/02, 67 FR 31733 (c)(46) Certification and Recertification Procedures. Section 45-26-72................. Out of Control 5/1/02 5/10/02, 67 FR 31733 (c)(46) Periods. Section 45-26-73................. Notifications....... 5/1/02 5/10/02, 67 FR 31733 (c)(46) Section 45-26-74................. Recordkeeping and 5/1/02 5/10/02, 67 FR 31733 (c)(46) Reporting. Section 45-26-75................. Petitions........... 5/1/02 5/10/02, 67 FR 31733 (c)(46) Section 45-26-76................. Additional 5/1/02 5/10/02, 67 FR 31733 (c)(46) Requirements to Provide Heat Input Data. ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 29 Rule Requiring the Submission of Emission Statements for Volatile Organic Compound Emissions and Oxides of Nitrogen Emissions ---------------------------------------------------------------------------------------------------------------- Section 45-29-1.................. General............. 7/7/93 8/4/95, 60 FR 39855 (c)(34) Section 45-29-2.................. Definitions......... 7/7/93 8/4/95, 60 FR 39855 (c)(34) Section 45-29-3.................. Applicability....... 7/7/93 8/4/95, 60 FR 39855 (c)(34) Section 45-29-4.................. Compliance Schedule. 7/7/93 8/4/95, 60 FR 39855 (c)(34) Section 45-29-5.................. Emission Statement 7/7/93 8/4/95, 60 FR 39855 (c)(34) Requirements. Section 45-29-6.................. Enforceability...... 7/7/93 8/4/95, 60 FR 39855 (c)(34) Section 45-29-7.................. Severability........ 7/7/93 8/4/95, 60 FR 39855 (c)(34) ---------------------------------------------------------------------------------------------------------------- [45 CSR] Series 35 Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity) ---------------------------------------------------------------------------------------------------------------- Section 45-35-1.................. General............. 5/1/95 9/5/95, 60 FR 46029 (c)(37) Section 45-35-2.................. Definitions......... 5/1/95 9/5/95, 60 FR 46029 (c)(37) Section 45-35-3.................. Adoption of 5/1/95 9/5/95, 60 FR 46029 (c)(37) Criteria, Procedures and Requirements. Section 45-35-4.................. Requirements........ 5/1/95 9/5/95, 60 FR 46029 (c)(37) ---------------------------------------------------------------------------------------------------------------- (d) EPA approved state source-specific requirements. EPA-Approved Source Specific Requirements ---------------------------------------------------------------------------------------------------------------- Additional Permit/order or State explanation/ Source name registration number effective EPA approval date citation at 40 date CFR 52.2560 ---------------------------------------------------------------------------------------------------------------- Mountaineer Carbon Co............ Consent Order....... 7/2/82 9/1/82, 47 FR 38532 (c)(18) National Steel Corp._Weirton Consent Order 7/6/82 12/9/82, 47 FR 55396 (c)(19) Steel Division. (Bubble). Columbia Gas Transmission Consent Order....... 9/12/90 4/24/91, 56 FR 18733 (c)(24) Corporation_Lost River Station. Wheeling-Pittsburgh Steel Corp... Consent Order CO-SIP- 11/14/91 7/25/94, 59 FR 37696 (c)(26) 91-29. Standard Lafarge................. Consent Order CO-SIP- 11/14/91 7/25/94, 59 FR 37696 (c)(26) 91-30. Follansbee Steel Corp............ Consent Order CO-SIP- 11/14/91 7/25/94, 59 FR 37696 (c)(26) 91-31. Koppers Industries, Inc.......... Consent Order CO-SIP- 11/14/91 7/25/94, 59 FR 37696 (c)(26) 91-32. International Mill Service, Inc.. Consent Order CO-SIP- 11/14/91 7/25/94, 59 FR 37696 (c)(26) 91-33. Starvaggi Industries, Inc........ Consent Order CO-SIP- 11/14/91 7/25/94, 59 FR 37696 (c)(26) 91-34. Quaker State Corporation......... Consent Order CO-SIP- 1/9/95 11/27/96, 61 FR 60191 (c)(35) 95-1. Weirton Steel Corporation........ Consent Order CO-SIP- 1/9/95 11/27/96, 61 FR 60191 (c)(35) 95-2. PPG Industries, Inc.............. Consent Order CO-SIP- 1/25/00 8/2/00, 65 FR 47339 (c)(44)(i)(B)(1) 2000-1. Bayer Corporation................ Consent Order CO-SIP- 1/26/00 8/2/00, 65 FR 47339 (c)(44)(i)(B)(2) 2000-2. Columbian Chemicals Company...... Consent Order CO-SIP- 1/31/00 8/2/00, 65 FR 47339 (c)(44)(i)(B)(3) 2000-3. PPG Industries, Inc.............. Consent Order CO-SIP- 7/29/03 4/28/04, 69 FR 23110 (c)(58) C-2003-27. Wheeling-Pittsburgh Steel Operating Permit R13- 8/19/03 05/05/04, 69 FR 24986 (c)(59)(i)(B)(1) Corporation. 1939A. Weirton Steel Corporation........ Consent Order CO-SIP- 8/4/03 05/05/04, 69 FR 24986 (c)(59)(i)(B)(2) C-2003-28. ---------------------------------------------------------------------------------------------------------------- (e) EPA-approved nonregulatory and quasi-regulatory material. ---------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP Applicable submittal EPA approval date Additional revision geographic area date explanation ---------------------------------------------------------------------------------------------------------------- PM-10 Attainment Plan........... Folansbee Area..... 11/15/91 7/25/94, 59 FR 37688 52.2522(f); renumbered as (d) at 60 FR 33925. 11/22/95 11/15/96, 61 FR 58481 52.2522(g). Sulfur Dioxide Attainment City of Weirton 12/29/03 05/05/04, 69 FR 24986 52.2525(b). Demonstration. Butler and Clay Magisterial Districts (Brooke & Hancock Counties). 1990 Base Year Emissions Greenbrier County.. 12/22/92 8/4/95, 60 FR 39857 52.2531. Inventory-VOC, CO, NOX. Small Business stationary source Statewide.......... 1/13/93 9/15/93, 58 FR 48309 52.2560. technical and environmental compliance assistance program. Lead (Pb) SIP................... Statewide.......... 6/13/80 10/29/81, 46 FR 53413 52.2565(c)(15). Air Quality Monitoring Network.. Statewide.......... 11/4/83 4/27/84, 49 FR 18094 52.2565(c)(21). Ozone Maintenance Plan, Huntington Area 8/10/94 12/21/94, 59 FR 65719 52.2565(c)(30). emissions inventory & (Cabell & contingency measures. Wayne Counties). Ozone Maintenance Plan, Parkersburg Area 8/10/94 9/6/94, 59 FR 45978 52.2565(c)(31). emissions inventory & (Wood County). contingency measures. Ozone Maintenance Plan, Charleston Area 8/10/94 9/6/94, 59 FR 45985 52.2565(c)(32). emissions inventory & (Kanahwa & contingency measures. Putnam Counties). Sulfur Dioxide Plan............. Grant Magisterial 2/17/95 11/27/96, 61 FR 60253 52.2565(c)(35). District (Hancock County). Ozone Maintenance Plan & Greenbrier County.. 9/9/94 8/4/95, 60 FR 39857 52.2565(c)(36). contingency measures. Sulfur Dioxide Plan............. Marshall County.... 2/17/00 8/2/00, 65 FR 47339 52.2565(c)(44). Ozone Maintenance Huntington Area 8/10/94 2/8/02, 67 FR 5953 52.2565(c)(45). Plan_amendments. (Cabell & Wayne Counties). Sulfur Dioxide Maintenance Plan. City of Weirton; 7/27/04 01/10/05, 70 FR 1664 The SIP-effective Butler and Clay date is 3/11/05. Magisterial District (Hancock County). Sulfur Dioxide Maintenance Plan. New Manchester- 7/27/04, ......................... Grant Magisterial 6/08/05, District in 70 FR Hancock County. 33368 Attainment Demonstration and Berkeley and 12/29/04 8/17/05, 70 FR 48287 Early Action Plan for the Jefferson Counties. Eastern Panhandle Region Ozone Early Action Compact Area. ---------------------------------------------------------------------------------------------------------------- [70 FR 7027, Feb. 10, 2005, as amended at 70 FR 11553, Mar. 9, 2005; 70 FR 33368, June 8, 2005; 70 FR 48289, Aug. 17, 2005] § 52.2521 Classification of regions. top The West Virginia plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Steubenville-Weirton-Wheeling Interstate............. I I III III III Parkersburg-Marietta Interstate...................... I II III III III Huntington-Ashland-Portsmouth-Ironton Interstate..... I III III III III Kanawha Valley Intrastate............................ I III III III III Southern West Virginia Intrastate.................... III III III III III North Central West Virginia Intrastate............... I III III III III Cumberland-Keyser Interstate......................... I I III III III Central West Virginia Intrastate..................... III III III III III Allegheny Intrastate................................. III III III III III Eastern Panhandle Intrastate......................... III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10902, May 31, 1972] § 52.2522 Approval status. top With the exceptions set forth below in this subpart, the Administrator approves West Virginia's plan for the attainment and maintenance of the national standards. (a) The Administrator approves the deletion of the provisions found in section 3.03(b) of regulation X except as it applies to the Rivesville plant, Monongahela Power Co. (b) The Administrator hereby extends the interim limitation of 5.12 lbs. SO2 per million BTU for the Harrison power plant until a permanent emission limitation is approved. (c) The Administrator approves the amended Sections 3.01(2) and 3.03(1) of West Virginia Air Pollution Control Commission Regulation X submitted January 25, 1978 and amended September 13, 1978, as a plan for attainment of the primary SO2 NAAQS. The Administrator does not approve the State's control strategy for attainment and maintenance of the secondary SO2 NAAQS submitted on those dates, so far as it applies to the Mitchell and Harrison power stations. (d)–(f) [Reserved] (g) The Administrator approves West Virginia's November 22, 1995 SIP submittal for the Follansbee, West Virginia PM–10 nonattainment area as fulfilling the section 189(a)(1)(B) requirement for a demonstration that the plan is sufficient to attain the PM–10 NAAQS. (h) EPA disapproves the portion of 45 CSR 13 subsection 1 referencing major stationary sources which have not been issued a permit pursuant to 45 CSR 30 and section 11.2, submitted by the West Virginia Department of Environmental Protection on August 26, 1994, as revisions to the West Virginia SIP. These provisions do not meet the requirements of 40 CFR 51.160 for scope. EPA also disapproves 45 CSR 13 section 9, submitted by the West Virginia Department of Environmental Protection on August 26, 1994, as a revision to the West Virginia SIP. These provisions do not meet the requirements of 40 CFR 51.161 for public participation. (i) EPA is granting conditional approval of West Virginia's March 31, 2005 SIP revision consisting of West Virginia emergency rule 45CSR1. For West Virginia's emergency rule 45CSR1 to become fully approvable, the State must, in accordance with its August 15, 2005 commitment, fulfill the following conditions: (1) Adopt a permanent rule that corresponds to emergency rule 45CSR1, but with an effective date prior to the sunset date of the emergency rule, and (2) Submit the permanent rule as a SIP revision to EPA by July 1, 2006. [38 FR 16170, June 20, 1973, as amended at 45 FR 39255, June 10, 1980; 45 FR 54051, Aug. 14, 1980; 45 FR 74480, Nov. 10, 1980; 47 FR 55396, Dec. 9, 1982; 59 FR 37688, July 25, 1994; 60 FR 33925, June 29, 1995; 61 FR 58482, Nov. 15, 1996; 65 FR 2046, Jan. 13, 2000; 68 FR 51464, Aug. 27, 2003; 71 FR 1697, Jan. 11, 2006] § 52.2523 Attainment dates for national standards. top The New Manchester and Grant Magisterial Districts in Hancock County are expected to attain and maintain the secondary sulfur dioxide (SO2) standards as soon as the Sammis Power Plant meets the SO2 limitations in the Ohio State Implementation Plan. [61 FR 16063, Apr. 11, 1996] § 52.2524 Compliance schedules. top (a) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. (b) Federal compliance schedules. (1) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to the emission limitation requirements of West Virginia Administrative Regulations, Chapter 16–20, Series X (hereinafter regulation X), section 3.01(a) or section 3.03(a), shall notify the Administrator, no later than October 1, 1973, of his intent to meet the requirements of said regulation by utilizing low-sulfur fuel, stack gas desulfurization, or a combination of stack gas desulfurization and low-sulfur fuel. (2) Any owner or operator of a stationary source subject to paragraph (b)(1) of this section who elects to utilize low-sulfur fuel, either alone or in combination with stack gas desulfurization, shall be subject to the following compliance schedule: (i) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with the applicable regulation on June 30, 1975, and for at least one year thereafter. (ii) December 31, 1973—Sign contracts with fuel suppliers for fuel requirements as projected above. (iii) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications. (iv) March 15, 1974—Let contracts for necessary boiler modifications, if applicable. (v) May 15, 1974—Initiate onsite modifications, if applicable. (vi) February 28, 1975—Complete onsite modifications, if applicable. (vii) June 30, 1975—Final compliance with the requirements of regulation X, section 3.01(a) or section 3.03(a). (3) Any owner or operator of a stationary source subject to paragraph (b)(1) of this section who elects to utilize stack gas desulfurization, either alone or in combination with low-sulfur fuel, and any owner or operator of a stationary source subject to the emission limitation requirements of regulation X, section 3.05, shall be subject to the following compliance schedule: (i) October 15, 1973—Let necessary contracts for construction. (ii) February 28, 1974—Initiate onsite construction. (iii) February 28, 1975—Complete onsite construction. (iv) June 30, 1975—Final compliance with the requirements of regulation X, section 3.01(a), section 3.03(a), or section 3.05. (4) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to the emission limitation requirements of regulation X, section 3.01(b) or section 3.03(b) shall notify the Administrator, no later than July 31, 1975, of his intent to meet the requirements of said regulation by utilizing low-sulfur fuel, stack gas desulfurization, or a combination of stack gas desulfurization and low-sulfur fuel. (5) Any owner or operator of a stationary source subject to paragraph (b)(4) of this section who elects to utilize low-sulfur fuel, either alone or in combination with stack gas desulfurization, shall be subject to the following compliance schedule: (i) August 31, 1975—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with the applicable regulation on June 30, 1978, and for at least one year thereafter, as well as a statement as to whether boiler modifications will be required. Submit final plans for modifications if they will be required. (ii) October 31, 1975—Sign contracts with fuel suppliers for fuel requirements as projected above. (iii) December 31, 1975—Let contracts for necessary boiler modifications, if applicable. (iv) April 30, 1976—Initiate onsite modifications, if applicable. (v) April 30, 1977—Complete onsite modifications, if applicable. (vi) June 30, 1978—Final compliance with the requirements of regulation X, section 3.01(b) or section 3.03(b). (6) Any owner or operator of a stationary source subject to paragraph (b)(4) of this section who elects to utilize stack gas desulfurization, either alone or in combination with low-sulfur fuel, shall be subject to the following compliance schedule: (i) October 30, 1975—Submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations. (ii) February 28, 1976—Let necessary contracts for construction. (iii) August 31, 1976—Initiate onsite construction. (iv) December 31, 1977—Complete onsite construction. (v) June 30, 1978—Final compliance with the requirements of regulation X, section 3.01(b) or section 3.03(b). (7) Any owner or operator subject to the compliance schedule in paragraph (b) (2), (3), (5) or (6) of this section shall certify to the Administrator within five days after the deadline for each increment of progress, whether or not the required increment of progress has been met. (8) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by the final compliance date in the applicable regulation. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present. (9) (i) None of the above paragraphs shall apply to a source which is presently in compliance with applicable regulations and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification. (ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (iv) The requirements of this paragraph shall not apply to the following sources for which a request for a postponement of the applicability of regulation X had been submitted pursuant to section 110(f) of the Act prior to the date of publication of this regulation: ------------------------------------------------------------------------ Source Location ------------------------------------------------------------------------ Kammer Station, Ohio Power Company........ Moundsville. Mitchell Station, Ohio Power Company...... Do. Harrison Station, Monongahela Power Haywood. Company. Fort Martin Station, Monongahela Power Maidsville. Company. ------------------------------------------------------------------------ (10) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (b) (2), (3), (5), or (6) of this section fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. [38 FR 16170, June 20, 1973, as amended at 38 FR 22751, Aug. 23, 1973; 38 FR 24342, Sept. 7, 1973; 39 FR 32560, Sept. 9, 1974; 40 FR 3569, Jan. 23, 1975; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989] § 52.2525 Control strategy: Sulfur dioxide. top (a) The provisions of §51.112(a) are not met because the State did not adequately demonstrate that the deletion of section 3.03(b) of West Virginia regulation X as it applies to the Rivesville plant would not interfere with attainment and maintenance of the national ambient air quality standard. (b) EPA approves the attainment demonstration State Implementation Plan for the City of Weirton, including the Clay and Butler Magisterial Districts area in Hancock County, West Virginia, submitted by the West Virginia Department of Environmental Protection on December 29, 2003. [43 FR 52240, Nov. 9, 1978, as amended at 51 FR 40676, Nov. 7, 1986; 69 FR 24992, May 5, 2004] § 52.2526 Control strategy: Particulate matter. top EPA approves West Virginia's November 15, 1991 SIP submittal for fulfilling the PM10-specific requirement of part D for contingency measures required under section 172(c)(9) of the Clean Air Act applicable to the Follansbee, West Virginia PM10 nonattainment area. [68 FR 51464, Aug. 27, 2003] § 52.2527 [Reserved] top § 52.2528 Significant deterioration of air quality. top (a) The requirements of Sections 160 through 165 of the Clean Air Act are met since the plan includes approvable procedures for the Prevention of Significant Air Quality Deterioration. (b) Regulations for Preventing Significant Deterioration of Air Quality, the provisions of §52.21(p) (4), (5), (6), and (7) are hereby incorporated and made a part of the applicable state plan for the state of West Virginia. [51 FR 12518, Apr. 11, 1986] §§ 52.2529-52.2530 [Reserved] top § 52.2531 1990 base year emission inventory. top EPA approves as a revision to the West Virginia State Implementation Plan the 1990 base year emission inventories for the Greenbrier county ozone nonattainment area submitted by the Secretary, West Virginia Department of Commerce, Labor & Environmental Resources on December 22, 1992. These submittals consist of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories in Greenbrier County for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX). [60 FR 39862, Aug. 4, 1995] § 52.2532 [Reserved] top § 52.2533 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring and new source review. The provisions of §§52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of West Virginia. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of West Virginia. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987] § 52.2534 Stack height review. top The State of West Virginia has declared to the satisfaction of EPA that no State Implementation Plan emission limits, other than those for the Kammer power plant, have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion technique as defined in EPA's stack height regulations, as revised on July 8, 1985. This declaration was submitted to EPA on September 16, 1988. [55 FR 21752, May 29, 1990] § 52.2560 Small business technical and environmental compliance assistance program. top On January 13, 1993, the Secretary of the West Virginia Department of Commerce, Labor and Environmental Resources submitted a plan for the establishment and implementation of a Small Business Technical and Environmental Compliance Assistance Program as a state implementation plan revision (SIP), as required by title V of the Clean Air Act. EPA approved the Small Business Technical and Environmental Compliance Assistance Program on September 15, 1993, and made it part of the West Virginia SIP. As with all components of the SIP, West Virginia must implement the program as submitted and approved by EPA. [58 FR 48312, Sept. 15, 1993] § 52.2565 Original identification of plan. top (a) This section identifies the original “Air Implementation Plan for the State of West Virginia” and all revisions submitted by West Virginia that were federally approved prior to December 1, 2004. (b) The plan was officially submitted on January 27, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Addition to the plan regarding legal authority to enforce State laws in the City of Wheeling submitted on March 30, 1972, by the West Virginia Air Pollution Control Commission. (2) Addition to the plan clarifying Resources section of SIP submitted April 20, 1972, by the West Virginia Air Pollution Control Commission. (3) Revision to plan regarding “Permit to Construct” rule, Regulation XIII of the West Virginia Air Pollution Control Regulations, submitted May 5, 1972, by the West Virginia Air Pollution Control Commission. (4) Revision to the plan allowing John E. Amos power plant variance to sulfur-in-fuel regulations submitted November 14, 1973, by the West Virginia Air Pollution Control Commission. (5) AQMA designations were submitted on June 13, 1974, by the Governor of West Virginia. (6) Indirect Source Review plan submitted on June 17, 1974, by the West Virginia Air Pollution Control Commission. (7) Particulate matter regulation for Primary aluminum plants submitted on November 8, 1974, by the West Virginia Air Pollution Control Commission. (8) Deletion of secondary annual and 24 hour sulfur dioxide standards from Regulation VIII submitted on March 16, 1976 by the Governor of West Virginia. (9) Amendments to regulation X (to prevent and control air pollution from the emission of sulfur oxides) (section 2.07 added), section 2.08 (former section 2.07), section 2.09 (former section 2.08), section 2.10 (former section 2.09), section 2.11 (former section 2.10), section 2.12 (former section 2.11), section 2.13 (former section 2.12), section 2.14 (former section 2.13), section 2.15 (former section 2.14), section 2.16 (former section 2.15), section 3.01 is superseded by new section 3.01 except section 3.01(1) Kammer Power Station which retains the old section 3.01(a), section 3.02 is replaced by new section 3.02, section 3.03 is superseded by new section 3.03 except for section 3.03(2) Rivesville Power Station, which retains the old section 3.03(a) and section 3.01(b), section 3.03(1) (Harrison Power Plant) is approved as an interim emission limitation only, sections 3.05, 3.06, and 3.07 (added), section 3.08 (former section 3.05), section 6.01 is superseded by new section 6.01, new section 10 is added, section 11 (replaces former section 10) of the West Virginia Administrative Regulations submitted on January 25, 1978 (as amended September 13, 1978), by the Governor. (10) Revised plans for attaining primary air quality standards for TSP and SO2 submitted to EPA by the Governor of West Virginia on June 18, 1979. These plans are contained in a document entitled, “Revisions to the State Implementation Plan to Achieve and Maintain Air Quality Standards for Particulates, Sulfur Oxides, and Ozone.” (11) Revised plan for attaining the ozone standard submitted to EPA by the Governor of West Virginia on November 21, 1979. (12) Revised Regulations III and VIII, and new Regulations XXI, XXIII, and XXIV, submitted to EPA by the Governor of West Virginia on December 19, 1979. (13) Amended Sections 3.01(2) and 3.03(1) of Regulation X (to prevent and control air pollution from the emission of sulfur oxides), submitted on January 25, 1978 and amended September 13, 1978 by the Governor. (14) Amended Regulations VI and VII, and an Identification and Analysis of the Impact of the 1979 West Virginia State Implementation Plan, submitted by the Governor of West Virginia on June 13, 1980. (15) An Implementation Plan for lead submitted by the Governor of West Virginia on June 13, 1980, and supplementary information subsequently submitted to show that lead sources would be subject to new source review. (16) Test Procedure for Quantifying Emissions From Bulk Gasoline Loading Terminals, submitted by the Governor of West Virginia on November 6, 1980. (17) West Virginia's plans for attaining the secondary National Ambient Air Quality Standard for total suspended particulate submitted by the Governor of West Virginia on November 14, 1980. (18) The consent order allowing alternative emission limitations for the Mountaineer Carbon Company, Moundsville, West Virginia, submitted on July 2, 1982 by the West Virginia Air Pollution Control Commission. (19) Consent Order dated July 6, 1982 between National Steel Corporation, Weirton Steel Division and the West Virginia Air Pollution Control Commission submitted on July 6, 1982 by Mr. Donald R. Richardson providing for an alternate emission control plan (bubble) for the Weirton, West Virginia steel mill. (20) Amended Regulation VII of the West Virginia Air Pollution Control Regulations submitted by the West Virginia Air Pollution Control Commission on April 29, 1983. (21) A revision submitted by the State of West Virginia on November 4, 1983 which establishes an Ambient Air Quality Monitoring Network. (22) Amended Regulation XIX of the West Virginia Air Pollution Control Regulations submitted by the West Virginia Air Pollution Control Commission on April 29, 1983. (23) Regulation XIV (Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration) and a commitment letter submitted on June 13, 1984, and December 16, 1985, respectively, by the Chairman of the West Virginia Air Pollution Control Commission. (i) Incorporation by reference. (A) Regulation XIV (Permits for the Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration) adopted by the State of West Virginia on June 14, 1984. (B) Letter of December 16, 1985, in which the West Virginia Air Pollutant Control Commission committed to comply with the July 8, 1985 rulemaking notice concerning stack heights in its PSD permitting. (24) Revisions to the State Implementation Plan submitted by the West Virginia Air Pollution Control Commission. (i) Incorporation by reference. (A) Letter from the West Virginia Air Pollution Control Commission dated September 14, 1990, submitting a revision to the West Virginia State Implementation Plan. (B) A Consent Order, dated and effective September 12, 1990, issued by the West Virginia Air Pollution Control Commission to the Columbia Gas Transmission Corporation limiting the emissions and operation of a compressor engine at its Lost River Compressor Station in Mathias, Hardy County, West Virginia. (ii) Additional materials—remainder of the State submittal. (25) As of July 7, 1993 the rules in this paragraph (c)(25) are superseded by the rules contained in paragraph (c)(33) of this section. Revisions to the State Implementation Plan submitted by the West Virginia Air Pollution Control Commission, which define and impose RACT to control volatile organic compound emissions from bulk gasoline terminals, petroleum refineries, and storage of petroleum liquids in fixed roof tank facilities. (i) Incorporation by reference. (A) A letter from the West Virginia Air Pollution Control Commission dated June 4, 1991, submitting a revision to the West Virginia State Implementation Plan. (B) Amendments to Series 21, 23, and 24 of the regulations of the West Virginia Air Pollution Control Commission, submitted June 4, 1991, and effective May 6, 1991. (ii) Additional materials. (A) The nonregulatory portions of the state submittal. (26) Bilateral consent orders between the West Virginia Air Pollution Control Commission and six companies to limit emissions of particulate matter. The effective date of the consent order with Koppers is November 15, 1991; the effective date of the five other orders cited in paragraph (i)(B), below, is November 14, 1991. (i) Incorporation by reference. (A) Letter dated November 12, 1991 from the West Virginia Department of Commerce, Labor, and Environmental Resources transmitting six consent orders. (B) Consent orders with the following companies (West Virginia order number and effective date in parentheses): Follansbee Steel Corporation (CO-SIP–91–31, November 14, 1991); International Mill Service, Incorporated (CO-SIP–91–33, November 14, 1991); Koppers Industries, Incorporated (CO-SIP–91–32, November 15, 1991); Standard Lafarge (CO-SIP–91–29, November 14, 1991); Starvaggi Industries, Incorporated (CO-SIP–91–34, November 14, 1991); and Wheeling-Pittsburgh Steel Corporation (CO-SIP–91–29, November 14, 1991). (27) Revision to the State implementation plan consisting of a good engineering practice (GEP) for stack heights regulation as submitted by the Secretary, West Virginia Department of Commerce, Labor, and Environmental Resources on April 2, 1990: (i) Incorporation by reference. (A) Letter from the Secretary, Department of Commerce, Labor, and Environmental Resources dated April 2, 1990, submitting a revision to the West Virginia State implementation plan. (B) Regulation 20 (45CSR20)—“Good Engineering Practice as Applies to Stack Heights” adopted by the State of West Virginia on April 8, 1989. The regulation became effective on July 14, 1989. (ii) Additional materials. (A) Remainder of the State implementation plan revision submitted by the West Virginia Department of Commerce, Labor, and Environmental Resources on April 2, 1990. (28) Revisions to the State Implementation Plan submitted by the West Virginia Department of Commerce, Labor, and Environmental Resource on August 15, 1990. (i) Incorporation by reference. (A) Letter from the West Virginia Department of Commerce, Labor, and Environmental Resources dated August 15, 1990 submitting a revision to the West Virginia State Implementation Plan. (B) Amendments to the West Virginia Code Chapter 16, Article 20—Regulation VIII—“Ambient Air Quality Standards for Sulfur Oxides and Particulate Matter”; Regulation XI—“Prevention of Air Pollution Emergency Episodes”; and Regulation XIV—“ Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration”. All three rules were adopted on March 19, 1990 and became effective April 25, 1990. (ii) Additional materials. (A) Remainder of the State Implementation Plan revision request submitted by the West Virginia Department of Commerce, Labor, and Environmental Resources on August 15, 1990. (29) Revisions to the State Implementation Plan submitted by the Secretary, West Virginia Department of Commerce, Labor, and Environmental Resources on April 2, 1990. (i) Incorporation by reference. (A) Letter from the Secretary, Department of Commerce, Labor, and Environmental Resources dated April 2, 1990 submitting a revision to the West Virginia State Implementation Plan. (B) WVAPCC Rule TP–2—“Compliance Test Procedures for Regulation II—‘To Prevent and Control Particulate Air Pollution From Combustion of Fuel in Indirect Heat Exchangers’” adopted by the State of West Virginia on April 8, 1989. (ii) Additional materials. (A) Remainder of the State Implementation Plan revision request submitted by the West Virginia Department of Labor, Commerce, and Environmental Resources on April 2, 1990. (30) The ten year ozone maintenance plan including emission projections and contingency measures for Huntington, West Virginia (Cabell and Wayne counties) as revised and effective on August 10, 1994 and submitted by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) The ten year ozone maintenance plan including emission projections and contingency measures for Huntington, West Virginia (Cabell and Wayne counties) revised and effective on August 10, 1994. (31) The ten year ozone maintenance plan including emission projections and contingency measures for Parkersburg, West Virginia (Wood County) as revised and effective on August 10, 1994 and submitted by the West Virginia Division of Environmental Protection; Office of Air Quality: (i) Incorporation by reference. (A) The ten year ozone maintenance plan including emission projections and contingency measures for Parkersburg, West Virginia (Wood County) revised and effective on August 10, 1994. (32) The ten year ozone maintenance plan including emission projections and contingency measures for Charleston, West Virginia (Kanawha and Putnam Counties), as revised and effective on August 10, 1994 and submitted by the West Virginia Division of Environmental Protection; Office of Air Quality: (i) Incorporation by reference. (A) The ten year ozone maintenance plan including emission projections and contingency measures for the Charleston, West Virginia (Kanawha and Putnam Counties) revised and effective August 10, 1994. (33) Revisions to the West Virginia State Implementation Plan submitted on August 12, 1993 by the West Virginia Department of Commerce, Labor & Environmental Resources. (i) Incorporation by reference. (A) Letter of August 10, 1993 from the West Virginia Department of Commerce, Labor & Environmental Resources transmitting Title 45 Legislative Rules, Series 21, Regulation to Prevent and Control Air Pollution from Emission of Volatile Organic Compounds. (B) Title 45 Legislative Rules, Series 21, Regulation to Prevent and Control Air Pollution from Emission of Volatile Organic Compounds, sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 36, 39, 41, 42, 43, 44, 45, 46, 47, and 48, and Appendix A, which were adopted May 26, 1993 and effective July 7, 1993. (ii) Additional material. (A) Remainder of August 10, 1993 State submittal pertaining to the rules referenced in paragraph (c)(33)(i) of this section. (iii) Additional information. (A) The rules in this paragraph (c)(33) supersede the rules contained in paragraph (c)(25) of this section. (34) Revisions to the West Virginia State Implementation Plan submitted by the Secretary, West Virginia Department of Commerce, Labor, and Environmental Resources, Office of Air Quality, on August 10, 1993. (i) Incorporation by reference. (A) Letter dated August 10, 1993 from the Secretary, West Virginia Department of Commerce, Labor, and Environmental Resources, Office of Air Quality submitting 45 Code of State Regulations (CSR) Series 29 “Rule Requiring the Submission of Emission Statements for Volatile Organic Compounds and Oxides of Nitrogen Emissions” as a revision to the West Virginia State Implementation Plan. The effective date of this rule, 45CSR29 is July 7, 1993. (B) West Virginia Regulation Title 45, Series 29, “Rule Requiring the Submission of Emission Statements for Volatile Organic Compounds and Oxides of Nitrogen Emissions,” consisting of Subsections: 1. General; 2. Definitions; 3. Applicability; 4. Compliance Schedule; 5. Emission Statement Requirements; 6. Enforceability; and 7. Severability, effective July 7, 1993. (ii) Additional Material. (A) Remainder of August 10, 1993 State submittal pertaining to 45 CSR Series 29, “Rule Requiring the Submission of Emission Statements for Volatile Organic Compounds and Oxides of Nitrogen Emissions.” (B) [Reserved] (35) Revisions to the West Virginia implementation plan for sulfur dioxide (SO2) in New Manchester Grant-Magisterial District, Hancock County submitted on February 17, 1995, as amended on May 3, 1996 by West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of February 17, 1995 from Mr. David C. Callaghan, Director, West Virginia Division of Environmental Protection transmitting a SIP revision for the New Manchester-Grant Magisterial District, Hancock County SO2 nonattainment area. (B) Letter of May 3, 1996 from Mr. Laidley Eli McCoy, Ph.D., Director, West Virginia Division of Environmental Protection transmitting an amendment to the February 17, 1995 SIP revision submittal for the New Manchester-Grant Magisterial District, Hancock County SO2 nonattainment area. (C) Implementation plan document (as amended, May 3, 1996), entitled “Revision to the West Virginia State Implementation Plan to Achieve and Maintain the National Ambient Air Quality Standards for Sulfur Dioxide in the New Manchester-Grant Magisterial District”. (D) Consent order entered into by and between the State of West Virginia and the Quaker State Corporation on January 9, 1995. The consent order was effective on January 9, 1995. (E) Consent order entered into by and between the State of West Virginia and the Weirton Steel Corporation on January 9, 1995. The consent order was effective on January 9, 1995. (ii) Additional material. (A) Remainder of West Virginia's February 17, 1995 submittal, as amended on May 3, 1996. (36) The ten year ozone maintenance plan including emission projections and contingency measures for Greenbrier County, West Virginia effective on September 1, 1994 and submitted by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 9, 1994 from the West Virginia Division of Environmental Quality transmitting the ozone maintenance plan for Greenbrier County. (B) The ten year ozone maintenance plan including emission projections and contingency measures for Greenbrier County, West Virginia effective on September 1, 1994. (ii) Additional Material. (A) Remainder of September 9, 1994 State submittal pertaining to the maintenance plan referenced in paragraph (c)(36)(i) of this section. (B) [Reserved] (37) Revisions to the West Virginia State Implementation Plan submitted on May 16, 1995 by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of May 16, 1995 from West Virginia Division of Environmental Protection, transmitting the General Conformity Rule. (B) Title 45, Legislative Rule, Series 35 (45CSR35), Requirements for Determining Conformity of General Federal Actions to Applicable Air Quality Implementation Plans (General Conformity), effective May 1, 1995. (ii) Additional material. (A) Remainder of May 16, 1995 State submittal pertaining to 45CSR35 referenced in paragraph (c)(37) of this section. (38) [Reserved] (39) Revisions to the West Virginia Regulations 45 CSR 14 submitted on August 10, 1993 by the West Virginia Department of Commerce, Labor & Environmental Resources: (i) Incorporation by reference. (A) Letter of August 10, 1993 from the West Virginia Department of Commerce, Labor & Environmental Resources transmitting revisions to 45 CSR 14 “Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration”. (B) Revisions to 45 CSR 14, effective July 7, 1993, including revisions to definitions and the addition of NO2 increment provisions. Not included in this incorporation by reference are 45 CSR 14 paragraphs 1.1, 1.2, 2.1, 2.4, 2.9, 2.11, 2.13, 2.13, 2.22, 2.26, 2.27, 2.32, 2.33 to 2.38, 3.2, 4.1 to 4.3, 5.1, 7.1 to 7.4, 8.1, 10.1, 10.4, 10.7, and 11.1. (40) Revisions to the West Virginia Regulations 45 CSR 14 submitted on May 20, 1996 by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of May 20, 1996 from the West Virginia Division of Environmental Protection transmitting revisions to 45 CSR 14 “Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution for the Prevention of Significant Deterioration”. (B) Revisions to 45 CSR 14, effective May 1, 1995, including the addition of PM–10 increment provisions, revisions to definitions, and preconstruction review requirements for electric steam generating units. Not included in this incorporation by reference are 45 CSR 14 paragraphs 4.1 to 4.3, 7.3, 8.1, 10.1, 10.2, 10.4, and 11.1. (41) [Reserved] (42) Revisions to the West Virginia Regulations for coal preparation and handling facilities 45CSR5 submitted on August 10, 1993 by the West Virginia Department of Commerce, Labor and Environmental Resources: (i) Incorporation by reference. (A) Letter of August 10, 1993 from the West Virginia Department of Commerce, Labor, and Environmental Resources transmitting revisions to West Virginia's regulation 45CSR5 “To Prevent and Control Air Pollution From the Operation of Coal Preparation Plants and Coal Handling Operations”. (B) Revisions to West Virginia regulation 45CSR5 regarding coal preparation and handling plants specifically: Revisions to 45CSR5 which require specific emission limits on particulate matter emissions at coal preparation and handling facilities in the Follansbee PM10 nonattainment area, monitoring of thermal driers and control equipment statewide, revised permitting, testing and reporting requirements. (ii) Additional Material—Remainder of the August 10, 1993 submittal on 45CSR5. (43) Revisions to West Virginia Regulation 45 CSR 13 submitted on August 26, 1994 by the West Virginia Department of Environmental Protection. (i) Incorporation by reference. (A) Letter of August 26, 1994 from the West Virginia Department of Environmental Protection transmitting 45 CSR 13 “Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation”. (B) Revised version of 45 CSR 13 “Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation”, sections: 1 except for the reference in subsection 1.1 to major stationary sources which have not been issued a permit pursuant to 45 CSR 30, 2–8, 10, 11 except for subsection 11.2, and Tables 45–13A and 45–13B, effective April 27, 1994. (ii) Additional Material. (A) Remainder of August 26, 1994 State submittal pertaining to 45 CSR 13, “Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Temporary Permits, General Permits, and Procedures for Evaluation”. (B) Letter of September 5, 1996 from the West Virginia Office of Air Quality requesting EPA approval of 45 CSR 13 under 112(l) of the Clean Air Act, and clarifying that the definition of “major stationary source” in 45 CSR 13 will be interpreted consistently with the 45 CSR 14 and 45 CSR 19 programs as to the types of source categories which need to include fugitive emissions. (44) Revisions to the West Virginia Regulations to attain and maintain the sulfur dioxide national ambient air quality standards in Marshall County submitted on February 17, 2000, by the Director, West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of February 17, 2000, from the Division of Environmental Protection transmitting a revision to the State Implementation Plan (SIP) for Attainment and Maintenance of Sulfur Dioxide National Ambient Air Quality Standards. (B) Consent Orders entered between the West Virginia Office of Air Quality and: (1) CO–SIP–2000–1, PPG Industries, Inc., Dated January 25, 2000. (2) CO–SIP–2000–2, Bayer Corporation, Dated January 26, 2000. (3) CO–SIP–2000–3, Columbian Chemicals Company, Dated January 31, 2000. (ii) Additional Material.—Remainder of February 17, 2000 SIP revision submittal. (45) Revisions to the West Virginia Regulations amending the ten-year maintenance plan for Huntington, West Virginia (Cabell and Wayne Counties) submitted on November 29, 2001 and December 18, 2001 by the West Virginia Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of November 29, 2001 from the West Virginia Department of Environmental Protection transmitting amendments to the ten-year maintenance plan for Huntington, West Virginia (Cabell and Wayne Counties). (B) Letter of December 18, 2001 from the West Virginia Department of Environmental Protection transmitting amendments to the ten-year maintenance plan for Huntington, West Virginia (Cabell and Wayne Counties). (C) Amendments to the Huntington, West Virginia (Cabell and Wayne Counties) ozone maintenance plan submitted by the West Virginia Department of Environmental Protection effective November 16, 2001. This plan establishes motor vehicle emissions budgets for VOCs of 11.20 tons/day for 2002, and 11.00 tons/day for 2005. This plan also establishes motor vehicle emissions budgets for NOX of 11.56 tons/day for 2002, and 11.43 tons/day for 2005. (ii) Additional Material.—Remainder of the November 29, 2001 and December 18, 2001 submittals pertaining to the revisions to the West Virginia Regulations amending the ten-year maintenance plan for Huntington, West Virginia (Cabell and Wayne Counties) revisions. (46) Revisions to the West Virginia Rules 45CSR26 and 45CSR1 submitted on May 1, 2002 by the West Virginia Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of May 1, 2002 from the Secretary of the West Virginia Department of Environmental Protection transmitting rules 45CSR26 and 45CSR1 to implement West Virginia's NOX Budget Trading Program and requirements for reductions in NOX emissions from cement manufacturing kilns. (B) West Virginia Rule Title 45 Series 26, “Nitrogen Oxides Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides from Electric Generating Units,” consisting of sections 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 20, 21, 22, 23, 24, 30, 31, 40, 41, 42, 43, 50, 51, 52, 53, 54, 55, 56, 57, 60, 61, 62, 70, 71, 72, 73, 74, 75, and 76 effective May 1, 2002. (C) West Virginia Rule Title 45 Series 1, “Nitrogen Oxides Budget Trading Program as a Means of Control and Reduction of Nitrogen Oxides,” consisting of sections 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 20, 21, 22, 23, 24, 30, 31, 40, 41, 42, 43, 50, 51, 52, 53, 54, 55, 56, 57, 60, 61, 62, 70, 71, 72, 73, 74, 75, 76, 80, 81, 82, 83, 84, 85, 86, 87, 88, and 100, effective May 1, 2002. (ii) Additional Material—Other materials submitted by the State of West Virginia in support of and pertaining to Rules 45CSR26 and 45CSR1 listed in paragraphs (c)(46)(i)(B) and (C) of this section. (47) Revisions to West Virginia Regulations to prevent and control air pollution from the operation of coal preparation plants, coal handling operations, and coal refuse disposal areas, submitted on September 21, 2000 by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 21, 2000 from the West Virginia Division of Environmental Protection to EPA transmitting the regulation to prevent and control air pollution from the operation of coal preparation plants, coal handling operations, and coal refuse disposal areas. (B) Revisions to Title 45, Series 5, 45CSR5, To Prevent and Control Air Pollution from the Operation of Coal Preparation Plants, Coal Handling Operations and Coal Refuse Disposal Areas, effective August 31, 2000. (ii) Additional Material. (A) Letter of November 21, 2000 from the West Virginia Division of Environmental Protection to EPA transmitting materials related to revisions of 45CSR5. (B) Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(47)(i) of this section. (48) Revisions to West Virginia Rule 45CSR3 submitted on September 21, 2000, by the West Virginia Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 21, 2000, from the Secretary of the West Virginia Department of Environmental Protection, pertaining to Regulation 45CSR3—To Prevent and Control Air Pollution from the Operating of Hot Mix Asphalt Plants. (B) Revised Regulation 45CSR3, effective August 31, 2000. (ii) Additional Material—Other materials submitted by the State of West Virginia in support of and pertaining to Rules 45CSR3 listed in paragraph (c)(48)(i)of this section. (49) Revisions to West Virginia Rule 45CSR12 submitted on September 21, 2000, by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 21, 2000, from the West Virginia Division of Environmental Protection transmitting Regulation 45CSR12—Ambient Air Quality Standard for Nitrogen Dioxide. (B) Revised Regulation 45CSR12, effective on June 1, 2000. (ii) Additional Material—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(49)(i) of this section. (50) Revision to West Virginia Rule 45CSR9 submitted on September 21, 2000, by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 21, 2000, from the West Virginia Division of Environmental Protection transmitting Regulation 45CSR9—Ambient Air Quality Standard for Carbon Monoxide and Ozone. (B) Revised Regulation 45CSR9, effective on June 1, 2000. (ii) Additional Material—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(50)(i)of this section. (51) Revisions to the West Virginia's Regulations to prevent and control air pollution from combustion of refuse, submitted on September 12, 2001 by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 12, 2001 from the West Virginia Division of Environmental Protection. (B) Revisions to Title 45, Series 6 (45CSR6), To Prevent and Control Air Pollution from Combustion of Refuse, effective July 1, 2001. (ii) Additional Material. (A) Letter of September 21, 2000 from the West Virginia Division of Environmental Protection to EPA transmitting the regulation to prevent and control air pollution from the combustion of refuse. (B) Letter of January 26, 2001 from the West Virginia Division of Environmental Protection to EPA transmitting materials related to revisions of 45CSR6. (C) Remainder of the State submittals pertaining to the revisions listed in paragraph (c)(51)(i) of this section. (52) Revisions to the West Virginia Regulations 45CSR13—Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits, and Procedures for Evaluation, submitted on September 21, 2000 by the West Virginia Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 21, 2000, from the West Virginia Department of Environmental Protection transmitting revision to West Virginia Regulation 45CSR13. (B) West Virginia Regulations 45CSR13—Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits and Procedures for Evaluation, effective June 1, 2000. (ii) Additional Material—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(52)(i) of this section. (53) Revisions to West Virginia's Regulations to prevent and control air pollution from the emission of sulfur oxides, submitted on September 21, 2000 by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 21, 2000 from the West Virginia Division of Environmental Protection to EPA transmitting the regulation to prevent and control air pollution from the emission of sulfur oxides. (B) Revisions to Title 45, Series 10, 45CSR10, To Prevent and Control Air Pollution from the Emission of Sulfur Oxides, effective August 31, 2000. (ii) Additional Material. (A) Letter of April 29, 1996 from the West Virginia Division of Environmental Protection to EPA transmitting the regulation to prevent and control air pollution from the emission of sulfur oxides. (B) Letter of March 19, 2003 from the West Virginia Department of Environmental Protection to EPA providing clarification on the interpretation and implementation of certain regulations on air pollution control. (C) Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(53)(i) of this section. (54) The PM10 Redesignation and Maintenance Plan for the Follansbee, West Virginia nonattainment area submitted by the West Virginia Department of Environmental Protection on May 12, 2003. (i) Incorporation by reference. (A) Letter of May 12, 2003 from the West Virginia Department of Environmental Protection transmitting the redesignation request and maintenance plan for the PM10 nonattainment area in the Follansbee area of Brooke County. (B) Maintenance Plan for the Follansbee PM10 nonattainment area, effective April 28, 2003. (ii) Additional Material.—Remainder of the May 12, 2003 State submittal pertaining to the revisions listed in paragraph (c)(54)(i) of this section. (55) Revisions to West Virginia's Regulations to prevent and control particulate matter air pollution from manufacturing processes and associated operations, submitted on September 21, 2000 by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 21, 2000 from the West Virginia Division of Environmental Protection. (B) Revisions to Title 45, Series 7, 45 CSR7, To Prevent and Control Particulate Matter Air Pollution from Manufacturing Processes and Associated Operations, effective August 31, 2000. (ii) Additional Material. (A) Letter of March 19, 2003 from the West Virginia Division of Environmental Protection to EPA providing clarification on the interpretation and implementation of certain regulations on air pollution control. (B) Letter of March 29, 1996 from the West Virginia Division of Environmental Protection to EPA transmitting the regulation to prevent and control particulate matter air pollution from manufacturing processes and associated operations. (C) Letter of December 7, 1998 from the West Virginia Division of Environmental Protection to EPA transmitting the regulation to prevent and control particulate matter air pollution from manufacturing processes and associated operations. (D) Remainder of the State submittals pertaining to the revisions listed in paragraph (c)(55)(i) of this section. (56) Revisions to West Virginia's Regulations to prevent and control particulate air pollution from combustion of fuel in indirect heat exchangers, submitted on September 21, 2000 by the West Virginia Division of Environmental Protection: (i) Incorporation by reference. (A) Letter of September 21, 2000 from the West Virginia Division of Environmental Protection. (B) Revisions to Title 45, Series 2, 45 CSR2, To Prevent and Control Particulate Air Pollution from Combustion of Fuel in Indirect Heat Exchangers, effective August 31, 2000. (ii) Additional Material. (A) Letter of March 19, 2003 from the West Virginia Division of Environmental Protection to EPA providing clarification on the interpretation and implementation of certain regulations on air pollution control. (B) Letter of March 29, 1996 from the West Virginia Division of Environmental Protection to EPA transmitting the regulation to prevent and control particulate air pollution from combustion of fuel in indirect heat exchangers. (C) Remainder of the State submittals pertaining to the revisions listed in paragraph (c)(56)(i) of this section. (57) Revisions to the West Virginia 1-hour ozone maintenance plans for Greenbrier County and the Charleston, Huntington and Parkersburg areas to amend the base year and 2005 mobile emissions inventories and the 2005 motor vehicle emission budgets to reflect the use of MOBILE6, and to reallocate a portion of projected MOBILE6-based emission safety margins to those 2005 motor vehicle emission budgets. These revisions were submitted by the State of West Virginia Department of Environmental Protection to EPA on October 15, 2003. (i) Incorporation by reference. (A) Letter of October 15, 2003 from the Secretary of the West Virginia Department of Environmental Protection transmitting revisions to West Virginia's ozone maintenance plans for the Greenbrier County and the Charleston, Huntington and Parkersburg areas. (B) Document entitled “Final Revisions to the 1–Hour Ozone Maintenance Plans for the Charleston, WV (Kanawha and Putnam Counties); Huntingdon, WV (Cabell & Wayne Counties); Parkersburg, WV (Wood County); and Greenbrier County WV Maintenance Areas.” This document establishes revised motor vehicle emissions budgets for the following 1-hour ozone maintenance plans, effective September 26, 2003: (1) Revisions to the Charleston, West Virginia (Kanawha and Putnam Counties) ozone maintenance plan, establishing revised motor vehicle emissions budgets of 44.5 tons/day of VOC and 54.1 tons/day of NOX. (2) Revisions to the Huntington, West Virginia (Cabell and Wayne Counties) ozone maintenance plan, establishing revised motor vehicle emissions budgets of 13.4 tons/day of VOC and 13.9 tons/day of NOX. (3) Revisions to the Parkersburg, West Virginia (Wood County) ozone maintenance plan, establishing revised motor vehicle emissions budgets of 13.4 tons/day of VOC and 9.9 tons/day of NOX. (4) Revisions to the Greenbrier County, West Virginia ozone maintenance plan, establishing revised motor vehicle emissions budgets of 3.46 tons/day of VOC and 4.85 tons/day of NOX. (ii) Additional Material.—Remainder of the State submittal pertaining to the revisions listed in paragraph (c)(57)(i) of this section. (58) Revision to the West Virginia Regulations to achieve and maintain the sulfur dioxide national ambient air quality standards (NAAQS) in Marshall County consisting of Consent Order, CO–SIP–C–2003–27 for PPG Industries, Inc., submitted on November 17, 2003, by the West Virginia Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of November 17, 2003, from the West Virginia Department of Environmental Protection transmitting a revision to the State Implementation Plan (SIP) to achieve and maintain the NAAQS for sulfur dioxide in Marshall County, West Virginia. (B) Consent Order, CO–SIP–C–2003–27, entered into by and between the West Virginia Department of Environmental Protection, Division of Air Quality, and PPG Industries, Inc., on July 29, 2003. The consent order was effective on July 29, 2003. (ii) Additional Material.—Remainder of the State submittal pertaining to the revision listed in paragraph (c)(58)(i) of this section. (59) Revisions to the West Virginia Regulations to attain and maintain the National Ambient Air Quality Standards (NAAQS) for sulfur dioxide in the City of Weirton, including Clay and Butler Magisterial Districts, in Hancock County, West Virginia, submitted on December 29, 2003, by the West Virginia Department of Environmental Protection: (i) Incorporation by reference. (A) Letter of December 29, 2003, from the West Virginia Department of Environmental Protection, transmitting a revision to the State Implementation Plan (SIP) for attainment and maintenance of the sulfur dioxide NAAQS for the City of Weirton, including the Clay and Butler Magisterial Districts in Hancock County, West Virginia. (B) The following Companies' Consent Order and Operating Permit: (1) Wheeling-Pittsburgh Steel Corporation, Operating Permit R13–1939A, effective August 19, 2003. (2) Weirton Steel Corporation Consent Order, CO–SIP–C–2003–28, effective August 4, 2003. (ii) Additional Material. (A) Remainder of the State submittal pertaining to the revision listed in paragraph (c)(59)(i) of this section. (B) Letter of February 10, 2004, from the West Virginia Department of Environmental Protection providing clarification to permit R13–1939A, condition B.4. issued to the Wheeling-Pittsburgh Steel Corporation. [37 FR 10901, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.2565, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Subpart YY—Wisconsin top § 52.2569 Identification of plan—conditional approval. top (a) Revisions to the plan identified in §52.2570 were submitted on the date specified. (1)–(3) [Reserved] (4) On November 15, 1993, and July 28, 1994, the Wisconsin Department of Natural Resources (WDNR) submitted enhanced inspection and maintenance (I/M) rules and a Request for Proposal (RFP) as a revision to the State's ozone State Implementation Plan (SIP). The EPA conditionally approved these rules and RFP based on the State's commitment to amend its rules and sign its final I/M contract to address deficiencies noted in to the final conditional approval. These final, adopted rule amendments and final, signed contract must be submitted to the EPA within one year of the EPA's conditional approval. (i) Incorporation by reference. (A) Wisconsin Administrative Code, Chapter NR 485, effective July 1, 1993. (ii) Additional materials. (A) SIP narrative plan titled “Wisconsin—Ozone SIP—Supplement to 1992 Inspection and Maintenance Program Submittal,” submitted to the EPA on November 15, 1993. (B) RFP, submitted along with the SIP narrative on November 15, 1993. (C) Supplemental materials, submitted on July 28, 1994, in a letter to the EPA. [60 FR 2885, Jan. 12, 1995] § 52.2570 Identification of plan. top (a) Title of plan: “A Statewide Implementation Plan to Achieve Air Quality Standards for Particulates, Sulfur Oxides, Nitrogen Oxides, Hydrocarbons, Oxidants, and Carbon Monoxide in the State of Wisconsin.” (b) The plan was officially submitted on January 14, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) An abatement order for the Alma Power Plant in the Southeast LaCrosse AQCR was issued on February 15, 1972, by the State Department of Natural Resources. (Non-regulatory) (2) On March 3, 1972, the control strategy (IPP) for the Southeast Wisconsin Interstate was submitted by the State Department of Natural Resources. (Non-regulatory) (3) The air quality monitoring network was submitted by the State Department of Natural Resources on March 16, 1972. (Non-regulatory) (4) Revisions to the air quality monitoring network were submitted on April 7, 1972, by the State Department of Natural Resources. (Non-regulatory) (5) A revised order, hearing documents and other information concerning the meeting of standards by the Alma Power Plant was submitted on January 19, 1973, by the Governor. Also submitted were revisions to emergency episode levels regulation NR 154.01(41)(c)–3 and NR 154.01(41)(c)–4. (6) Compliance schedules were submitted on June 26, 1973, by the State. (7) Compliance schedules were submitted on October 11, 1973, by the State. (8) Compliance schedules were submitted on October 19, 1973, by the State. (9) Compliance schedules were submitted on November 10, 1973, by the State. (10) Compliance schedules were submitted on December 12, 1973, by the State. (11) The Governor of the State submitted the Air Quality Maintenance Areas designations on June 21, 1974. (12) A request for an extension of the statutory timetable for the submittal of the portion of the Wisconsin SIP which provides for the attainment of the Secondary NAAQS for TSP was submitted by the Wisconsin DNR on February 22, 1979, and was supplemented with additional information on April 16, 1979 and May 13, 1980. (13) On June 4, 1979, the State submitted revisions to regulation NR 154.13 and to regulation NR 154.01 as it applies to regulation NR 154.13 and a commitment by the Wisconsin Natural Resources Board to adopt any additional rules representing reasonably available control technology which are necessary for the attainment of the ozone standard. NR 154.01 and NR 154.13 were published in the Wisconsin Administrative Register in July 1979 and were amended in the August 1979 Register. (14) On November 27, 1979 the Wisconsin Department of Natural Resources submitted revised rules NR 154.01 (126m), 154.02, 154.03 and 154.06. Support materials for these regulations were previously submitted on July 12, 1979 and September 4, 1979. (15) On May 1, 1980, the Wisconsin Department of Natural Resources submitted the sulfur dioxide regulations NR 154.12 (4) and (5) for the Village of Brokaw, Marathon County and the City of Madison, Dane County. (16) On July 12, 1979, Wisconsin submitted its ozone and carbon monoxide plan. This included the plan for the Green Bay, Madison, and Milwaukee urban areas which include the ozone nonattainment counties of Brown, Dane, Kenosha, Milwaukee, Ozaukee, Racine and Waukesha. Supplemental materials and commitments were submitted on September 4, 1979, February 28, 1980, August 12, 1980, September 25, 1980, November 4, 1980 and April 9, 1981. (17) On July 12, 1979, Wisconsin submitted its vehicle inspection and maintenance program. Supplemental information and commitments were submitted on August 1, 1979, October 16, 1979, May 7, 1980, May 8, 1980, and April 9, 1981. (18) On July 12, 1979 Wisconsin submitted its new source review regulations. Additional information was submitted on September 4, 1979, November 27, 1979, May 1, 1980, and February 18, 1981. EPA is only approving these submittals as they relate to the new source review plan for nonattainment areas. (19) On April 18, 1980, the State of Wisconsin submitted a revision to provide for modification of the existing air quality surveillance network. An amendment to the revision was submitted by the State of Wisconsin on September 15, 1980. (20) On September 9, 1980, the State of Wisconsin submitted a variance to regulation NR 154.13(3)(c) for Avis Rent-A-Car. (21) On October 29, 1980 the State submitted a variance to regulation NR 154.13(3)(a) for Union Oil Company bulk gasoline terminal in Superior. (22) On July 12, 1979, the State submitted revisions to Regulation NR 154.09, Wisconsin Administrative Code. (23) Revision to plan allowing General Motors Assembly Division Janesville plant variance from Regulation NR 154.13(4)(g) 4.a., Wisconsin Administrative Code submitted January 15, 1981 by the State Department of Natural Resources. (24) On August 31, 1981, Wisconsin submitted a variance from the provisions of Section NR 154.12(5)(a)2.b.2, and NR 154.12(5)(b) Wisconsin Administrative Code, for the Oscar Mayer and Company plant located in Madison, Wisconsin as a revision to the Wisconsin sulfur dioxide SIP. (25) Revision to plan allowing W. H. Brady Company in Milwaukee variance from regulation NR 154.13(4) (e) and (f), Wisconsin Administrative Code, submitted January 22, 1982, by the State Department of Natural Resources. (26) Revision to plan allowing Albany Carbide Corporation in Albany variance from regulation NR 154.13(5)(a), Wisconsin Administrative Code, submitted on December 22, 1981, by the State Department of Natural Resources. (27) On January 15, 1981, the Wisconsin Department of Natural Resources submitted revisions to regulations NR 154.01 and NR 154.13 representing reasonably available control technology which are necessary to attain and maintain the ozone standard. A supplemental commitment was submitted March 31, 1982. (28) On November 27, 1979, the State of Wisconsin submitted implementation plan revision to satisfy the Part D, Title I of the Clean Air Act for attainment and maintenance of the national ambient air quality standards for particulate matter. The revision consists of NR 154.11, Wisconsin Administrative Code, Control of Particulate Matter. Amendments to the plan were submitted by the State on November 6, 1980, and June 10, 1981. Supplemental information and commitments were submitted on May 1, 1980, May 13, 1982, and December 7, 1982. No attainment plan was submitted for Columbia, Brown, Dane, Douglas, Kenosha, Manitowoc, Marathon, Racine, Winnebago, and Wood Counties. (29) On July 15, 1982, the State of Wisconsin submitted a variance to the compliance regulation requirements contained in NR 154.13(2)(a)1.d. for Lakehead Pipe Line Company, Inc., in Superior. (30) On December 7, 1982, Wisconsin submitted revisions to regulations NR 154.01 and NR 154.11(2) for fugitive dust control in or near nonattainment areas for TSP. (31) On March 8, 1983, the Wisconsin Department of Natural Resources submitted the 1982 revision to the Ozone/Carbon Monoxide SIP for Southeastern Wisconsin. This revision pertains to Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha Counties. EPA is deferring action on the vehicle inspection and maintenance (I/M) portion of this revision. (32) On February 17, 1983, the Wisconsin Department of Natural Resources submitted the newly created section NR 154.13(13)(e) of Wisconsin's Administrative Code which partially exempts methylene chloride (dichloromethane) and methyl chloroform (1,1,1-trichloroethane) from the VOC control requirements contained in the Wisconsin SIP. The U.S. Environmental Protection Agency is not rulemaking at this time on the sulfur dioxide control requirements for the City of Brokaw in Marathon County which were also contained in the February 17, 1983, submittal. (33) On January 23, 1984, the State of Wisconsin submitted a State Implementation Plan revision revoking the Hydrocarbon Standard contained in NR 155.03(5). (34) On July 1, 1983, the State of Wisconsin submitted ambient lead standards and lead emission limitations as additions to the State Implementation Plan. The additions consist of NR 155.03(7), Lead: Primary and Secondary Standards, and NR 154.145, Control of Lead Emissions, of the Wisconsin Administrative Code. Supplemental information and commitments were submitted on October 13, 1983, March 14, 1984, June 4, 1984, and June 15, 1984. (35) On September 20, 1983, the Wisconsin Department of Natural Resources submitted its Lead SIP for the entire State of Wisconsin. Additional information was submitted on February 14, 1984, and March 14, 1984. (36) On December 8, 1983, the Wisconsin Department of Transportation submitted Chapter TRANS 131, Motor Vehicle Inspection and Maintenance Program (MVIP). On June 11, 1984, the Wisconsin Department of Natural Resources requested that USEPA approve the remaining element of the 1982 Ozone/Carbon Monoxide SIP, the vehicle inspection and maintenance portion (I–M). All other elements of the Ozone/Carbon Monoxide SIP has been approved previously. (See Section 52.2570 (c)(31)). (37) On May 25, 1984, the Wisconsin Department of Natural Resources submitted a permit fee rule, Chapter NR 410, which establishes air permit application fees and air permit implementation and enforcement fees, as a revision to the SIP. (38) On January 23, 1984, the Wisconsin Department of Natural Resources (WDNR) submitted SO2 emission limits for large electric utility sources located in the City of Milwaukee, Milwaukee County, Wisconsin. WDNR recodified the rule and on October 23, 1987, submitted it as recodified. (i) Incorporation by reference. (A) Wisconsin Administrative Code, Natural Resources (NR) 418.04 as found at (Wisconsin) Register, September 1986, No. 369, effective October 1, 1986. (39) On January 23, 1984, the Wisconsin Department of Natural Resources submitted revisions to sections NR 154.01 and NR 154.13 of the Wisconsin Administrative Code. These revisions incorporate volatile organic compound emission limits for large existing petroleum dry cleaners located in a six-county area of southeastern Wisconsin into the Wisconsin Ozone SIP [NR 154.13(6)(c)]. (40) On November 17, 1983, Wisconsin submitted revisions to Sections NR 154.01, Definitions, and NR 154.13, Control of Organic Compound Emissions, of the Wisconsin Administrative Code. These revisions clarify the volatile organic compound RACT rules and establish an extended RACT compliance date for certain can coating operations. On July 11, 1984, Wisconsin submitted additional information revising the original submittal. (i) Incorporation by reference. (A) Board Order A–36–82, incorporating revisions to NR 154.01 and NR 154.13 of the Wisconsin Administrative Code, became effective in the State of Wisconsin on August 1, 1983. (41) On January 24, 1985, the Wisconsin Department of Natural Resources submitted test methods for petroleum dry cleaning sources as a revision to the Wisconsin SIP. These test methods are part of the State's “Air Management Operations Handbook”. (i) Incorporation by reference. (A) Test methods for petroleum dry cleaning sources contained in the Wisconsin Department of Natural Resources' “Air Management Operations Handbook”. (42) On July 12, 1979, the State of Wisconsin submitted its new source review (NSR) regulations. Additional information was submitted on September 4, 1979, November 27, 1979, May 1, 1980, and February 18, 1981. USEPA has previously approved these submittals as they relate to the NSR plan for nonattainment areas. See (c) (18). USEPA is now approving these submittals as they relate to the general NSR requirements for attainment and unclassified areas. USEPA is not approving these submittals with regard to the Prevention of Significant Deterioration (PSD) requirements, and USEPA's approval of Wisconsin's NSR rules should not be interpreted to apply to PSD. USEPA is approving §§144.394(2) and 144.394(5) of the State Statutes provided that all variances (144.394(2)) and emission reduction options (144.394(5)) are submitted to USEPA as SIP revisions. On November 6, 1985, the State submitted a letter committing to: (1) Revise its regulations to conform with USEPA's July 8, 1985, rulemaking concerning stack height credits for air quality modeling; and (2) implement all air quality modeling analyses to conform with the July 8, 1985, rulemaking until the revised State regulations are enacted. (i) Incorporation by reference. (A) The following Sections of Chapter 144 of the Wisconsin Statutes, entitled “Water, Sewage, Refuse, Mining, and Air Pollution, are incorporated by reference. These sections are located in Subchapter I, “Definitions”, Subchapter III, “Air Pollution”, and Subchapter VII, “General Provisions, Enforcement and Penalties”, of Chapter 144. Section 144.01 (1), (2), (3), (9m), and (12)—Definitions Section 144.30—Air Pollution; Definitions Section 144.31—Air Pollution Control; Powers and Duties Section 144.34—Inspections Section 144.375—Air Pollution Control; Standards and Determinations Section 144.38—Classification and Reporting Section 144.391—Air Pollution Control Permits Section 144.392—Permit Application and Review Section 144.393—Criteria for Permit Approval Section 144.394—Permit Conditions Section 144.395—Alteration, Suspension and Revocation of Permits Section 144.396—Permit Duration Section 144.397—Operation Permit Review Section 144.398—Failure to Adopt Rules or Issue Permit or Exemption Section 144.399—Fees Section 144.402—Petition for Alteration Section 144.403—Hearings on Certain Air Pollution Actions Section 144.423—Violations; Enforcement Section 144.426—Penalties for Violations Relating to Air Pollution Section 144.98—Enforcement; Duty of Department of Justice (B) The following Sections of Chapter NR 154 of the Wisconsin Administrative Code, entitled “Air Pollution Control”, are incorporated by reference. Section 154.01—Definitions Section 154.04—Permit Requirements and Exemptions Section 154.05—Action on Applications Section 154.055—Relocation of Portable Sources Section 154.06—Operation and Inspection of Sources (Source Reporting, Recordkeeping, Testing, Inspection and Operation) Section 154.08—Enforcement and Penalties Section 154.21—Limitations on County, Regional, or Local Regulations Section 154.24—Procedures for Non-contested Case Public Hearings Section 154.25—Procedures for Alteration of Permits by Petition (C) Letter from the State of Wisconsin dated November 6, 1985, committing to implement USEPA's stack height regulations. (43) On October 13, 1983, the State of Wisconsin submitted revisions to Chapter NR 154 of the Wisconsin Administrative Code that exempt certain sources from the need to obtain construction, modification, and operation permits, and from other permit program requirements. USEPA is approving these permit exemptions for attainment, nonattainment, and unclassified areas, except for those exemptions upon which USEPA is deferring action (Sections NR 154.01(118), NR 154.04(3)(a), NR 154.04(5), and NR 154.04(6)(b)). (i) Incorporation by reference. (A) Sections NR 154.01, NR 154.04, NR 154.08, NR 154.24, and NR 154.25 of Natural Resources Board Order Number A–39–81, which were published in the Wisconsin Administrative Register in April 1983, and which took effect on May 1, 1983, with the exception of sections NR 154.01(118), NR 154.04(3)(a), NR 154.04(5), and NR 154.04(6)(b). (ii) Additional material. (A) Letter from the State dated May 24, 1984, clarifying that major sources, or major modifications of major sources, could not be exempted from the requirement to obtain a permit under sections NR 154.04(2)(a) or NR 154.04(3)(b). (B) Letter from the State dated July 13, 1984, stating that decisions made pursuant to NR 154.25 would be subject to the permitting criteria in §144.393 of the Wisconsin Statutes. (44) On August 20, 1985, Wisconsin submitted a revision to its volatile organic compound plan for the Continental Can Company. The revision allows the use of internal offsets, in conjunction with daily weighted emission limits, at Continental Can's Milwaukee and Racine can manufacturing facilities. (i) Incorporation by reference. (A) NR 422.05, as published in the (Wisconsin) Register, September, 1986, number 369, effective October 1, 1986. (45) Submittal from the State of Wisconsin, dated February 17, 1983, modifying the SO2 emission limits applicable in the Village of Brokaw, Marathon County, Wisconsin. (i) Incorporation by reference. (A) Letter from the Wisconsin Department of Natural Resources, dated February 17, 1983, and revised SO2 emission limits for the Village of Brokaw, Marathon County, Wisconsin, which are contained in section NR 154.12(4) of the Wisconsin Administrative Code. The revisions consist of limiting the maximum sulfur content in fuel oil burned in boilers to 1.0 percent by weight, where a stack of 160 feet or more is used; limiting process emissions from the Copeland recovery system, pulp papermill cooking acid plant, and pulp digester blow stack to a combined total of 228 pounds of SO2 per hour, when vented to a common stack of 160 feet of more. If a stack height of less than 160 feet is used, or if the process emissions are not vented to acommon stack of 160 feet or more, then the emission limits approved by USEPA on April 9, 1981, must be met. See (c)(15). The emission limits were effective January 1, 1983. (46) The State of Wisconsin submitted negative declarations for several volatile organic compound source categories, as follows: November 7, 1984—Synthetic organic chemical manufacturing industry sources (SOCMI) leaks and oxidation; September 19, 1984—High-density polyethylene, polypropylene, and polystyrene resin manufacturers; June 6, 1986—Natural gas/gasoline processing plants leaks. (i) Incorporation by reference. (A) Letters dated November 7, 1984, September 19, 1984, and June 6, 1985, from Donald F. Theiler, Director, Bureau of Air Management, Wisconsin Department of Natural Resources. (ii) Additional information. (A) Letter dated January 24, 1986, from PPG Industries, Inc., stating that they do not produce as an intermediate or final product any of the chemicals listed in 40 CFR part 60, subpart VV, §60.489(a). (47) Submittal from the State of Wisconsin, dated December 19, 1985, revising the specified levels for air pollution episodes, air pollution episode reporting requirements, and the requirements for implementing air pollution control plans. (i) Incorporation by reference. (A) Department of Natural Resources, Chapter NR 493, Air Pollution Episode Levels and Episode Emissions Control Action Programs, NR 493.01, 493.02 and 493.03, effective on August 1, 1985. (48) On April 7, 1986, the WDNR submitted a site-specific revision to its ozone SIP for VOC emissions from Union Camp's four flexographic printing presses at the Tomah facility, located in Monroe County, Wisconsin. It consists of a compliance date extension from December 31, 1985, to December 31, 1987, for meeting the VOC emission limits contained in Wisconsin SHIP regulation, NR 154.13(4)(1). (i) Incorporation by reference. (A) January 8, 1986, RACT Variance Review for Union Camp Corporation 501 Williams Street, Tomah, Wisconsin 54660. (49) Submittal from the State of Wisconsin, dated June 14, 1985, revising the Wisconsin Administrative Code to include section NR 154.015, Department Review Times. (i) Incorporation by reference. (A) Letter from the Wisconsin Department of Natural Resources, dated June 14, 1985, and section NR 154.015 of the Wisconsin Administrative Code as a revision to the Wisconsin SIP, effective on May 1, 1985. Section NR 154.015 is entitled “Department Review Times”, and it establishes time limits for review and action by the Wisconsin Department of Natural Resources on three types of air permit applications. (50) On November 20, 1986, the State of Wisconsin submitted a revision to the Vehicle Inspection and Maintenance program (I/M) portion of its ozone/CO SIP. This was a revised rule Table 1 for NR 485.04, Wisconsin Administrative Code, plus State SIP Revision Certification. (i) Incorporation by reference. (A) Wisconsin revised rule NR 485.04, Wisconsin Administrative Code, effective November 1, 1986. (51) [Reserved] (52) On December 1, 1987, the Wisconsin Department of Natural Resources (WDNR) submitted NR 418.06. NR 418.06 is an SO2 rule which is only applicable to the Badger Paper Mills facility, located in the City of Peshtigo, Marinette County, Wisconsin. (i) Incorporation by reference. (A) Natural Resources (NR) 418.06, Peshtigo RACT sulfur limitations, as published in the (Wisconsin) Register, October 1987, No. 382 at page 74, effective November 1, 1987. (53)–(54) [Reserved] (55) On January 28, 1985, Wisconsin submitted its Rothschild (Marathon County) SO2 plan, which contains emission limits for sources in the City of Rothschild and the Town of Weston, specifically for the Weyerhaeuser Paper Company and the Reed-Lignin Company, respectively. USEPA is approving NR 418.08 because this revision meets the requirements of part D of the Clean Air Act, 42 U.S.C. 7501–7508. The Wisconsin SIP, however, contains additional existing requirements for SO2. Today's action on NR 418.08 has been integrated within Wisconsin's existing SIP regulations, and does not eliminate a source's obligation to comply with all existing SO2 SIP requirements. Specifically, today's action in no way affects the terms and conditions of a Federal Consent Decree entered into by USEPA and the Weyerhaeuser Company located in Rothschild, Wisconsin No. 89–C–0973–C (W.D. Wis., filed November 1, 1989). This Consent Decree resolves USEPA's enforcement action against Weyerhaeuser Company for violations of SIP rule NR 154.12(1) (now recodified as 418.08). In that Decree, Weyerhaeuser committed to comply with NR 154.12(1) by installing a desulfurization scrubber. August 15, 1989, the WDNR issued a construction permit to Weyerhaeuser which limit the combined emissions of Weyerhaeuser's acid plant and desulfurization scrubber to 28 pounds of SO2 per hour. The conditions and terms of this construction permit and of the Consent Decree remain federally enforceable. On May 9, 1987, 18 months past the effective date of USEPA's designation of Marathon County as a primary SO2 non-attainment area (October 9, 1985, (50 FR 41139)), a construction moratorium was imposed in Marathon County under section 110(a)(2)(I) of the Clean Air Act because the county did not have a USEPA approved plan which assured the attainment and maintenance of the SO2 NAAQS. However, USEPA final approval of Rothschild's SO2 SIP will lift the section 110(a)(2)(I) construction ban in Marathon County. (i) Incorporation by reference. (A) Wisconsin Administrative Code, Natural Resources 418.08, Rothschild RACT sulfur limitations, as published in the (Wisconsin) Register, September, 1986, number 369, effective October 1, 1986. (ii) Additional information. (A) Weyerhaeuser Company, Federal Consent Decree No. 89–C–0973–C (W.D. Wis., filed November 1, 1989). (56) [Reserved] (57) On January 13, 1987, WDNR submitted a temporary variance from NR 154.13(4)(g) and interim emission limits for VOC emissions from General Motors Corporation's topcoat and final repair lines at Janesville, Wisconsin, which expire on December 31, 1992. (i) Incorporation by reference. (A) January 12, 1987, letter to Mike Cubbin, Plant Manager, General Motors Corporation from L.F. Wible, P.E., Administrator, Division of Environmental Standards. (58) [Reserved] (59) On November 6, 1986, WDNR submitted a variance from NR 422.15(2)(b), subject to certain conditions, for the VOC emissions from Gehl Company's dip tank coating operation in West Bend, Wisconsin. On May 22, 1990, WDNR added four additional conditions to the revised plan, and on September 5, 1990, it submitted clarifications to the plan. (i) Incorporation by reference. (A) A November 6, 1986, letter from Lyman Wible, P.E., Administrator, Division of Environmental Standards, WDNR to Mr. Michael J. Mulcahy, Vice-President, Secretary and General Counsel, Gehl Company. (B) A May 10, 1990, letter from Lyman Wible, P.E., Administrator, Division of Environmental Standards, WDNR to Mr. Michael J. Mulcahy, Vice-President, Secretary and General Counsel, Gehl Company. (ii) Additional information. (A) A September 5, 1990, letter from Thomas F. Steidl, Attorney, WDNR to Louise C. Gross, Associated Regional Counsel, USEPA. (60) On January 23, 1984, and May 21, 1987, the WDNR submitted a proposed revision and additional information to the SO2 SIP for sources located in the cities of Green Bay and DePere, Wisconsin (Brown County). (i) Incorporation by reference. (A) Natural Resources 418.05, Green Bay and DePere RACT sulfur limitations, as published in the (Wisconsin) Register, September, 1990, No. 417 at page 96, effective October 1, 1986. (ii) Additional information. (A) A July 16, 1990, letter from Don Theiler, Director Bureau of Air Management, WDNR additional information responding to USEPA's comments on the variable emission limits for Proctor & Gamble-Fox River, James River Corporation, and Green Bay Packaging. (B) An August 27, 1986, letter from Vicki Rudell, Air Management Engineer, WDNR to Mr. Bill Zabor, Proctor & Gamble, Fox River Mill, regarding averaging time to be used when determining SO2 emission limit exceedances and the concept of bubbling SO2 emission limit from the digester blow stack scrubber and brown stock washer stack. (C) A July 13, 1990, letter from W.F. Zabor, Environmental Control Manager, Proctor & Gamble to WDNR regarding the shut down of the bark combustor. (D) A June 12, 1990, letter from Scott E. Valitchka, Environmental Control Engineer, James River Corporation, regarding how it intends to determine compliance with its boiler SO2 emissions. (E) A July 9, 1990, letter from Brian F. Duffy, Corporate Environmental Director Mills Operations to WDNR regarding SO2 emission limits and compliance demonstration. (F) A January 21, 1987, memorandum from Sudhir V. Desai, Environmental Engineer Central District Office, USEPA to Rashidan Khan, Engineering Section, USEPA, entitled “Overview Inspection Green Bay Packaging Inc., Mill Division Green Bay, Wisconsin 54307, State FID #405032100 (A21055)”. (61) [Reserved] (62) On December 11, 1991, the United States Environmental Protection Agency received a revision to Wisconsin's State Implementation Plan for Carbon Monoxide. This revision took the form of Administrative Order AM–91–71, dated November 22, 1991, which incorporates a stipulation between the Wisconsin Department of Natural Resources and the Brunswick Corporation d.b.a. Mercury Marine. The Administrative Order addresses the emissions of carbon monoxide into the ambient air from Mercury Marine Engine Testing Facility in Oshkosh, Wisconsin. (i) Incorporation by reference. Administrative Order AM–91–71, dated November 22, 1991, which incorporates a stipulation between the Wisconsin Department of Natural Resources and the Brunswick Corporation d.b.a. Mercury Marine. (ii) Additional materials. Attainment modeling demonstration of control strategy to limit carbon monoxide emissions from Mercury Marine Engine Testing Facility, dated December 20, 1989. (63) Revisions to the sulfur dioxide attainment plan were submitted by the State of Wisconsin between June 5, 1985, and January 27, 1992. The revised plan consists of: Natural Resources 417.07, Natural Resources 417.04, several operating permits, numerous administrative rules, numerous negative declarations, and some compliance plans. (i) Incorporation by reference. (A) Wisconsin Administrative Code, Natural Resources (NR) 417.07, Statewide Sulfur Dioxide Emission Limitations: Subsections 1 (Applicability); 2a, 2b, 2c, 2d, 2g (Emission Limits for Existing Sources); 3 (Emission Limits for New Sources); 4 (More Restrictive Emission Limits); 5 (Alternate Emission Limits); 6 (Compliance Schedules); 7 (Compliance Determinations); 8 (Variance from Emission Limits); as published in the (Wisconsin) Register, September, 1990, Number 417 at page 86, effective October 1, 1986. (B) Wisconsin Administrative Code, NR 417.04, Southeastern Wisconsin Intrastate AQCR, as published in the (Wisconsin) Register, September, 1990, Number 417 at page 85, effective October 1, 1986. (C) An Air Pollution Control Permit (MIA–10–DFS–82–36–101), dated and effective December 22, 1982, issued by the Wisconsin Department of Natural Resources to The Manitowoc Company, Inc., limiting the emissions and operation of Boiler #23 at the facility in Manitowoc, Manitowoc County, Wisconsin. (D) An Air Pollution Control Permit (EOP–10–DFS–82–36–102), dated and effective January 12, 1983, and amended on August 7, 1987, issued by the Wisconsin Department of Natural Resources to the Manitowoc Company, Inc., limiting the emissions and operation of Boilers #20, 21, and 22 at the facility in Manitowoc, Manitowoc County, Wisconsin. (E) An Administrative Order (86–436041870–J01), dated and effective November 25, 1986, issued by the Wisconsin Department of Natural Resources to the Manitowoc Company, Inc., South Works Facility, limiting the emissions and operation of Boilers #20 and 21 at the facility in Manitowoc, Manitowoc County, Wisconsin. (F) An Administrative Order (86–445038550–J01), dated and effective October 27, 1986, issued by the Wisconsin Department of Natural Resources to Appleton Papers, Inc., limiting the emissions and operation of Boiler #22 at the facility in Appleton, Outagamie County, Wisconsin. (G) A letter from Andrew Stewart to Dennis Hultgren, dated and effective on October 9, 1986, that details the conditions of the compliance plan for Appleton Papers at the facility in Appleton, Outagamie County, Wisconsin. (H) An Administrative Order (86–445039100–J01), dated and effective December 23, 1986, issued by the Wisconsin Department of Natural Resources to the Fox River Paper Company, limiting the emissions and operation of Boiler #21 at the facility in Appleton, Outagamie County, Wisconsin. (I) An Administrative Order (87–445009950–N01), dated and effective May 7, 1987, issued by the Wisconsin Department of Natural Resources to the Sanger B. Powers Correctional Center, limiting the emissions and operation of Boilers #1 and 2 at the facility in Oneida, Outagamie County, Wisconsin. (J) An Air Pollution Control Permit (86–SJK–072), dated and effective July 28, 1987, issued by the Wisconsin Department of Natural Resources to the Thilmany Pulp and Paper Company, limiting the emissions and operation of Boilers #07, 08, 09, 10, and 11 at the facility in Kaukauna, Outagamie County, Wisconsin. (K) An Administrative Order (87–469034390–J01), dated and effective January 22, 1987, issued by the Wisconsin Department of Natural Resources to the FWD Corporation, limiting the emissions and operation of Boilers #21, 22, and 23 at the facility in Clintonville, Waupaca County, Wisconsin. (L) An Administrative Order (86–471030560–J01), dated and effective October 29, 1986, issued by the Wisconsin Department of Natural Resources to the Gilbert Paper Company, limiting the emissions and operation of Boilers #22, 23, 24, and 25 at the facility in Menasha, Winnebago County, Wisconsin. (M) An Administrative Order (86–471031000–J01), dated and effective November 25, 1986, issued by the Wisconsin Department of Natural Resources to Kimberly Clark-Neenah Paper and Badger Globe Division, limiting the emissions and operation of Boilers #21 and 22 at the facility in Neenah, Winnebago County, Wisconsin. (N) An Administrative Order (86–471031220–J01), dated and effective October 27, 1986, issued by the Wisconsin Department of Natural Resources to the U.S. Paper Mills Corporation-Menasha Mill Division, limiting the emissions and operation of Boiler #21 at the facility in Menasha, Winnebago County, Wisconsin. (O) A Mandatory Operating Permit (735008010–J01), dated and effective June 16, 1987, issued by the Wisconsin Department of Natural Resources to Owens-Illinois Tomahawk and Timber STS, Inc., limiting the emissions and operation of Boilers #24, 25, 27, 28, and 29 at the facility in Tomahawk, Lincoln County, Wisconsin. (P) An Administrative Order (86–750011350–J01), dated and effective September 16, 1986, issued by the Wisconsin Department of Natural Resources to the Del Monte Corporation, limiting the emissions and operation of Boilers #01 and 02 at the facility in Plover, Portage County, Wisconsin. (Q) An Air Pollution Control Permit (85–RV–013), dated and effective July 17, 1985, issued by the Wisconsin Department of Natural Resources to the Neenah Paper Company, limiting the emissions and operation of Boiler #01 at the facility in Stevens Point, Portage County, Wisconsin. (R) An Elective Operating Permit (87–NEB–701), dated and effective December 23, 1987, issued by the Wisconsin Department of Natural Resources to Nekoosa Papers, Incorporated-Port Edwards Mill, Inc., limiting the emissions and operation of Boilers #20, 21, 24, and 25; as well as the sulfite recovery furnace at the facility in Port Edwards, Wood County, Wisconsin. (S) An Air Pollution Control Permit (603007790–N01), dated and effective June 12, 1987, issued by the Wisconsin Department of Natural Resources to the Seneca Foods Corporation, limiting the emissions and operation of Boilers #10 and 11 at the facility in Cumberland, Barron County, Wisconsin. (T) An Air Pollution Control Permit (MIA–10–KJC–83–16–044), dated and effective July 7, 1983, issued by the Wisconsin Department of Natural Resources to the Koppers Company, limiting the emissions and operation of Boiler #1 at the facility in Superior, Douglas County, Wisconsin. (U) An Administrative Order (86–649028490–N01), dated and effective September 30, 1986, issued by the Wisconsin Department of Natural Resources to the Wisconsin Dairies Cooperative, limiting the emissions and operation of Boilers #20, 21, and 22 at the facility in Clayton, Polk County, Wisconsin. (V) An Administrative Order (86–851009940–J01), dated and effective September 30, 1986, issued by the Wisconsin Department of Natural Resources to Lionite Hardboard, limiting the emissions and operation of Boiler #20 at the facility in Phillips, Price County, Wisconsin. (W) An Administrative Order (86–230008570–N01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the University of Wisconsin-Parkside Heating Plant, limiting the emissions and operation of Boilers #20, 21, 22, and 23 at the facility in Kenosha, Kenosha County, Wisconsin. (X) An Administrative Order (86–241012970–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the A.O. Smith/Automotive Products Company, limiting the emissions and operation of the fuel burning equipment at the facility in Milwaukee, Milwaukee County, Wisconsin. (Y) An Administrative Order (86–241014730–J01), dated and effective September 30, 1986, issued by the Wisconsin Department of Natural Resources to the American Can Company, limiting the emissions and operation of Boilers #20, 21, and 22 at the facility in Milwaukee, Milwaukee County, Wisconsin. (Z) An Administrative Order (87–241007360–J01), dated and effective October 28, 1987, issued by the Wisconsin Department of Natural Resources to the American Motors Corporation, Milwaukee Manufacturing Plant, limiting the emissions and operation of Boilers #20, 21, 22, 23, and 24 at the facility in Milwaukee, Milwaukee County, Wisconsin. (AA) An Administrative Order (86–241016710–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the Eaton Corporation/Specific Industry Control Division, limiting the emissions and operation of Boilers #20, 21, 22, at the facility in Milwaukee, Milwaukee County, Wisconsin. (BB) An Administrative Order (86–241027050–J01), dated and effective September 18, 1986, issued by the Wisconsin Department of Natural Resources to the Milwaukee County Department of Health and Human Services, limiting the emissions and operation of Boilers #20, 21, 22, and 23, at the facility in Milwaukee, Milwaukee County, Wisconsin. (CC) An Administrative Order (86–241084690–J01), dated and effective September 30, 1986, issued by the Wisconsin Department of Natural Resources to OMC Evinrude, limiting the emissions and operation of Boilers #20, 21, and 22, at the facility in Milwaukee, Milwaukee County, Wisconsin. (DD) A letter from Bill Haas to Steve Otto, dated and effective on September 24, 1986, that details the conditions of the compliance plan for OMC-Evinrude at the facility in Milwaukee, Milwaukee County, Wisconsin. (EE) An Administrative Order (86–241009670–N01), dated and effective September 30, 1986, issued by the Wisconsin Department of Natural Resources to Patrick Cudahy, Incorporated, limiting the emissions and operation of Boilers #20, 22, and 24, at the facility in Cudahy, Milwaukee County, Wisconsin. (FF) An Elective Operating Permit (86–MJT–037), dated and effective September 23, 1986, issued by the Wisconsin Department of Natural Resources to the Peter Cooper Corporation, limiting the emissions and operation of Boilers #20, 21, 22,23, and 24 at the facility in Oak Creek, Milwaukee County, Wisconsin. (GG) An Administrative Order (86–241099910–J01), dated and effective October 5, 1986, issued by the Wisconsin Department of Natural Resources to the University of Wisconsin at Milwaukee, Central Heating Plant, limiting the emissions and operation of Boilers #20A, 20B, 20C, and 21 at the facility in Milwaukee, Milwaukee County, Wisconsin. (HH) A letter from Donald F. Theiler to William H. Rowe, dated and effective on October 2, 1986, that details the conditions of the compliance plan for the University of Wisconsin at Milwaukee at the facility in Milwaukee, Milwaukee County, Wisconsin. (II) An Administrative Order (86–241025840–J01), dated and effective September 30, 1986, issued by the Wisconsin Department of Natural Resources to the Vilter Manufacturing Corporation, limiting the emissions and operation of Boilers #20, and 21, at the facility in Milwaukee, Milwaukee County, Wisconsin. (JJ) An Air Pollution Control Permit (EOP–10–DLJ–82–52–073), dated and effective January 18, 1983, issued by the Wisconsin Department of Natural Resources to J.I. Case, limiting the emissions and operation of Boilers #21 and 22 at the facility in Racine, Racine County, Wisconsin. (KK) An Administrative Order (86–252006370–J01), dated and effective October 13, 1986, issued by the Wisconsin Department of Natural Resources to S.C. Johnson and Son, Inc., limiting the emissions and operation of Boilers #20, 21, 22, and 23 at the facility in Sturtevant, Racine County, Wisconsin. (LL) A letter from Donald F. Theiler to Thomas T. Stocksdale, dated and effective on October 13, 1986, that details the conditions of the compliance plan for S.C. Johnson and Son at the facility in Sturtenant, Racine County, Wisconsin. (MM) An Administrative Order (86–252012530–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to Southern Wisconsin Center, limiting the emissions and operation of Boilers #20, 21, 22 and 23 at the facility in Union Grove, Racine County, Wisconsin. (NN) A letter from Donald F. Theiler to George Wade, dated and effective on September 24, 1986, that details the conditions of the compliance plan for Southern Wisconsin Center at the facility in Union Grove, Racine County, Wisconsin. (OO) An Administrative Order (86–252005050–J01), dated and effective September 30, 1986, issued by the Wisconsin Department of Natural Resources to Western Publishing Company, limiting the emissions and operation of Boilers #20A, 20B, and 21 at the facility in Racine, Racine County, Wisconsin. (PP) An Air Pollution Control Permit (MIA–12–DAA–83–60–208), dated and effective November 2, 1983, issued by the Wisconsin Department of Natural Resources to Borden Chemical, limiting the emissions and operation of Boiler #20 at the facility in Sheboygan, Sheboygan County, Wisconsin. (QQ) An Elective Operative Permit (86–SJK–71A), dated and effective May 25, 1988, issued by the Wisconsin Department of Natural Resources to the Wisconsin Power and Light Company, limiting the emissions and operation of Boilers #23, and 24 at the facility in Sheboygan, Sheboygan County, Wisconsin. (RR) An Air Pollution Control Permit (86–LMW–406), dated and effective September 18, 1986 issued by the Wisconsin Department of Natural Resources to the Wisconsin Power and Light Company, limiting the emissions and operation of Unit 2 at the facility in Portage, Columbia County, Wisconsin. (SS) An Administrative Order, dated and effective August 1, 1986, issued by the Wisconsin Department of Natural Resources to Oscar Mayer Foods Corporation, limiting the emissions from all sources at the facility in Madison, Dane County, Wisconsin. (TT) An Administrative Order, dated and effective August 6, 1986, issued by the Wisconsin Department of Natural Resources to the University of Wisconsin, Charter Street Heating Plant, limiting the emissions from all sources at the facility in Madison, Dane County, Wisconsin. (UU) An Administrative Order (86–114004770–N01), dated and effective September 23, 1986, issued by the Wisconsin Department of Natural Resources to the Universal Foods Corporation, limiting the emissions and operation of Boilers #21 and 22 at the facility in Juneau, Dodge County, Wisconsin. (VV) An Administrative Order (86–114003340–N01), dated and effective September 23, 1986, issued by the Wisconsin Department of Natural Resources to John Deere Horicon Works, limiting the emissions and operation of fuel burning equipment at the facility in Horicon, Dodge County, Wisconsin. (WW) An Administrative Order (86–420044680–N01), dated and effective September 30, 1986, issued by the Wisconsin Department of Natural Resources to the Taycheedah Correctional Institute, limiting the emissions and operation of Boiler #20 at the facility in Taycheedah, Fond du Lac County, Wisconsin. (XX) An Administrative Order (86–122003640–J01), dated and effective September 30, 1986, issued by the Wisconsin Department of Natural Resources to the Dairyland Power Cooperative, limiting the emissions and operation of Boilers #20 and 21 at the facility in Cassville, Grant County, Wisconsin. (YY) An Administrative Order (86–123002440–N01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the Iroquois Foundry Company, limiting the emissions and operation of fuel burning equipment at the facility in Browntown, Green County, Wisconsin. (ZZ) An Administrative Order (86–424017550–J02), dated and effective March 2, 1987, issued by the Wisconsin Department of Natural Resources to the Berlin Foundry Company, limiting the emissions and operation of fuel burning equipment at the facility in Berlin, Green Lake County, Wisconsin. (AAA) An Administrative Order (86–424021180–N01), dated and effective er 30, 1986, issued by the Wisconsin Department of Natural Resources to the Berlin Tanning and Manufacturing Company, limiting the emissions and operation of fuel burning equipment at the facility in Berlin, Green Lake County, Wisconsin. (BBB) An Administrative Order (86–128003700–N01), dated and effective September 23, 1986, issued by the Wisconsin Department of Natural Resources to the Carnation Company-Pet Food and Cereal Division, limiting the emissions and operation of Boilers #21 and 22 at the facility in Jefferson, Jefferson County, Wisconsin. (CCC) An Administrative Order (86–154008030–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to Frank Brothers, Incorporated, limiting the emissions and operation of fuel burning equipment at the facility in Milton, Rock County, Wisconsin. (DDD) An Administrative Order (86–154002860–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the General Motors Corporation, limiting the emissions and operation of Boilers #21, 22, 23, 24, and 25 at the facility in Janesville, Rock County, Wisconsin. (EEE) An Administrative Order (86–154004290–N01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to George Hormel and Company, limiting the emissions and operation of Boilers #20, 21 and 22 at the facility in Beloit, Rock County, Wisconsin. (FFF) An Administrative Order (86–999019320–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to Rock Road of Wisconsin, limiting the emissions and operation of fuel burning equipment at the facility in Janesville, Rock County, Wisconsin. (GGG) An Administrative Order (86–609037440–N01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the Jacob Leinenkugel Brewing Company, limiting the emissions and operation of Boiler #20 at the facility in Chippewa Falls, Chippewa County, Wisconsin. (HHH) An Administrative Order (86–609037660–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the Northern Wisconsin Center for the Developmentally Disabled, limiting the emissions and operation of Boilers #20, 21, 22, and 23 at the facility in Chippewa Falls, Chippewa County, Wisconsin. (III) An Air Pollution Control Permit (MIN–04–80–10–028), dated and effective June 19, 1981, issued by the Wisconsin Department of Natural Resources to Lynn Protein, limiting the operation of Boiler #21 at the facility in Clark County, Wisconsin. (JJJ) A letter from Thomas Woletz to Dale Sleiter, dated and effective on September 9, 1986, that details the conditions of the compliance plan for the Lynn Protein facility in Clark County, Wisconsin. (KKK) An Administrative Order (86–618022350–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to Uniroyal Tire Company, Incorporated, limiting the emissions and operation of Boilers #20, 21, and 22 at the facility in Eau Claire, Chippewa County, Wisconsin. (LLL) An Administrative Order (86–618027080–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the University of Wisconsin Eau Claire Heating Plant, limiting the emissions and operation of Boilers #20 and 21 at the facility in Eau Claire, Chippewa County, Wisconsin. (MMM) An Administrative Order (86–618026530–N01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the Waste Research and Reclamation Company, limiting the emissions and operation of Boilers #20 and 21 at the facility in Eau Claire, Chippewa County, Wisconsin. (NNN) An Administrative Order (86–632028430–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the G. Heileman Brewing Company, limiting the emissions and operation of Boilers #20, 21, 24, and 25 at the facility in LaCrosse, LaCrosse County, Wisconsin. (OOO) An Administrative Order (86–632028210–J01), dated and effective November 26, 1986, issued by the Wisconsin Department of Natural Resources to the Trane Company-Main Complex, limiting the emissions and operation of Boilers #20, 21, 22, 23, and 24 at the facility in LaCrosse, LaCrosse County, Wisconsin. (PPP) An Administrative Order (86–632023590–J01), dated and effective November 26, 1986, issued by the Wisconsin Department of Natural Resources to the Trane Company-Plant 6, limiting the emissions and operation of Boilers #20, 21, and 22 at the facility in LaCrosse, LaCrosse County, Wisconsin. (QQQ) An Administrative Order (86–632028100–J01), dated and effective September 29, 1986, issued by the Wisconsin Department of Natural Resources to the University of Wisconsin-LaCrosse, limiting the emissions and operation of fuel burning equipment at the facility in LaCrosse, LaCrosse County, Wisconsin. (RRR) An Administrative Order (86–642028860–N01), dated and effective December 23, 1986, issued by the Wisconsin Department of Natural Resources to the Golden Guernsey Dairy, limiting the emissions and operation of fuel burning equipment at the facility in Sparta, Monroe County, Wisconsin. (SSS) An Elective Operating Permit (87–JBG–079), dated and effective March 9, 1988, issued by the Wisconsin Department of Natural Resources to the Dairyland Power Cooperative, limiting the emissions and operation of Boiler #20 at the facility in Genoa, Vernon County, Wisconsin. (ii) Additional information. (A) On June 9, 1992, Wisconsin DNR submitted its SO2 maintenance plan for the City of Madison, Dane County. (B) On June 12, 1992, Wisconsin DNR submitted its SO2 maintenance plan for the City of Milwaukee, Milwaukee County. (64) On November 17, 1987, the Wisconsin Department of Natural Resources submitted Wisconsin's Rule Natural Resources (NR) 439.03—Reporting; NR 439.09—Inspections; and NR 484.04—Code of Federal Regulation Provisions. (i) Incorporation by reference. (A) Wisconsin revised rules NR 439.03, NR 439.09 and NR 484.04, Wisconsin's Administrative Code, effective October 1, 1987. (65) On March 13, 1989, and May 10, 1990, Wisconsin Department of Natural Resources (WDNR) submitted rule packages AM–2–88 and AM–22–88, respectively, as revisions to its state implementation plan for particulate matter. AM–2–88 was published in December, 1988, and became effective on January 1, 1989. AM–2–88 modifies Chapter NR, Sections 400.02, 404.02, 405.02, 406.04, and 484.03 of the Wisconsin Administrative Code (WAC). AM–22–88 was published in September, 1989, and became effective on October 1, 1989. AM–22–88 modifies Chapter NR, Sections 404.04 and 484.03 of the WAC. (i) Incorporation by reference. (A) The rule packages revise NR 400.02, 404.02, 404.04, 405.02, 406.04, and 484.03 of the Wisconsin Administrative Code. (ii) Additional information. (A) A January 22, 1993, letter from D. Theiler, Director, Bureau of Air Management, WDNR, provides additional information responding to USEPA's proposed disapproval of the SIP revision, and contains WDNR's commitment to using only test methods approved by USEPA. (66)–(68) [Reserved] (69) On November 18, 1992, the State submitted rules regulating volatile organic compound emissions from gasoline dispensing facilities' motor vehicle fuel operations. (i) Incorporation by reference. (A) Wisconsin Administrative Code, Chapter NR 420 Control of Organic Compound Emissions from Petroleum and Gasoline Sources; Section 420.02 Definitions, Sections NR 420.02(8m), (24m), (32m), (38m), (39m); Section NR 420.045 Motor Vehicle Refueling; published in Wisc. Admin. Code in January 1993, and took effect on February 1, 1993. (B) Wisconsin Administrative Code, Chapter NR 425 Compliance Schedules, Exceptions, Registration and Deferrals for Organic Compound Emissions Sources in Chapters 419 to 424; Section 425.035 Throughput Reporting and Compliance Schedules for Motor Vehicle Refueling; published in Wisc. Admin. Code in January 1993, and took effect on February 1, 1993. (C) Wisconsin Administrative Code, Chapter NR 439 Reporting, Recordkeeping, Testing, Inspection and Determination of Compliance Requirements; Section NR 439.06(3)(c); Section NR 439.06(3)(i); published in the Wisc. Admin. Code in January 1993, and took effect on February 1, 1993. (D) Wisconsin Administrative Code, Chapter NR 484 Incorporation by Reference; Section 484.05(1) Test Method 21 in appendix A of 40 CFR part 60 is incorporated by reference; Section NR 484.06(2) Other Materials (introduction); Section NR 484.06(2) (u) and (v) were created to incorporate San Diego Air Pollution Control District Test Procedures TP–91–1 and TP–91–2; incorporated by reference in Wisc. Admin. Code in January 1993, and took effect on February 1, 1993. (E) Wisconsin Administrative Code, Chapter NR 494 Enforcement and Penalties for Violation of Air Pollution Control Provisions; renumbered Sections NR 494.025 and 494.03 to NR 494.03 and 494.05; Section NR 494.04 Tagging Gasoline Dispensing Equipment; published in the Wisc. Admin. Code in January 1993 and took effect on February 1, 1993. (ii) Additional materials. (A) Stage II Vapor Recovery SIP Program Description dated November 15, 1992. (B) Letter from WDNR dated March 29, 1993, citing State authority under Sections NR 144.98, 144.99, 144.423, and 144.426, Wisc. Admin. Code, to enforce the Stage II program. (C) Packet of public education materials on Stage II distributed by WDNR. (70) On July 2, 1993, the State of Wisconsin submitted a requested revision to the Wisconsin State Implementation Plan (SIP) intended to satisfy the requirements of section 182 (a)(3)(B) of the Clean Air Act as amended in 1990. Included were State rules establishing procedures for stationary sources throughout the state to report annual emissions of volatile organic compounds (VOC) and oxides of nitrogen (NOX) as well as other pollutants. (i) Incorporation by reference. Wisconsin Administrative Code, Chapter NR 438, Air Contaminant Emission Reporting Requirements, published in the Wisconsin Register, May 1993, effective June 1, 1993. (71) [Reserved] (72) On November 18, 1992 and January 21, 1993, the State of Wisconsin submitted a Small Business Stationary Source Technical and Environmental Assistance Program for incorporation in the Wisconsin State Implementation Plan as required by Section 507 of the Clean Air Act. Included in the State's submittal were portions of 1991 Wisconsin Act 269 and 1991 Wisconsin Act 302. (i) Incorporation by reference. (A) Section 15.157(10)—small business environmental council—91–92 Wis. Stats., Effective date: May 14, 1992. (B) Section 144.36—small business stationary source technical and environmental compliance assistance program—91–92 Wis. Stats., Effective date: May 14, 1992. (C) Section 144.399(2)(c)—fees—91–92 Wis. Stats., Effective date: July 1, 1992. (D) Section 560.03(9)—business and industrial development—91–92 Wis. Stats., Effective date: May 14, 1992. (E) Section 560.11—small business environmental council—91–92 Wis. Stats., Effective date: May 14, 1992. (F) Section 560, Subchapter III—permit information center—91–92 Wis. Stats., Effective date: November 17, 1983. (G) Section 96—nonstatutory provisions; development—91 WisAct 302, 1991 Laws of Wisconsin. Effective date May 14, 1992. (ii) Other material. (A) Program description. (73) Revisions to the ozone State Implementation Plan (SIP) were submitted by the Wisconsin Department of Natural Resources on September 22, 1993, and January 14, 1994. These rules replace the 154 series stationary source VOC regulations previously contained in Wisconsin's ozone SIP with 400 series regulations which are consistent with the current Wisconsin Administrative Code. These rules are only being approved as they apply to the ozone SIP. (i) Incorporation by reference. The following chapters of the Wisconsin Administrative Code are incorporated by reference. (A) Chapter NR 400: AIR POLLUTION CONTROL DEFINITIONS. NR 400.01 as published in the (Wisconsin) Register, February, 1990, No. 410, effective March 1, 1990. NR 400.02 as published in the (Wisconsin) Register, June, 1993, No. 450, effective July 1, 1993. (B) Chapter NR 419: CONTROL OF ORGANIC COMPOUND EMISSIONS, except for NR 419.07. NR 419.01, 419.02, 419.03, 419.04 and 419.06 as published in the (Wisconsin) Register, February, 1990, No. 410, effective March 1, 1990. NR 419.05 as published in the (Wisconsin) Register, December, 1993, No. 456, effective January 1, 1994. (C) Chapter NR 420: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM PETROLEUM AND GASOLINE SOURCES. NR 420.01 as published in the (Wisconsin) Register, February, 1990, No. 410, effective March, 1, 1990. NR 420.02 and 420.045 as published in the (Wisconsin) Register, January, 1993, No. 445, effective February 1, 1993. NR 420.03 and 420.04 as published in the (Wisconsin) Register, December, 1993, No. 456, effective January 1, 1994. NR 420.05 as published in the (Wisconsin) Register, May, 1992, No. 437, effective June 1, 1992. (D) Chapter NR 421: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM CHEMICAL, COATINGS AND RUBBER PRODUCTS MANUFACTURING. NR 421.01 as published in the (Wisconsin) Register, February, 1990, No. 410, Effective March 1, 1990. NR 421.02, 421.03, 421.05 and 421.06 as published in the (Wisconsin) Register, December, 1993, No. 456, effective January 1, 1994. NR 421.04 as published in the (Wisconsin) Register, May, 1992, No. 437, effective June 1, 1992. (E) Chapter NR 422: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM SURFACE COATING, PRINTING AND ASPHALT SURFACING OPERATIONS. NR 422.01, 422.05, 422.06, 422.07, 422.08, 422.085, 422.09, 422.10, 422.11, 422.12, 422.13, 422.155 and 422.16 as published in the (Wisconsin) Register, February, 1990, No. 410, effective March 1, 1990. NR 422.02, 422.03, 422.04, 422.14 and 422.15 as published in the (Wisconsin) Register, December, 1993, No. 456, effective January 1, 1994. (F) Chapter NR 423: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM SOLVENT CLEANING OPERATIONS. NR 423.01 as published in the (Wisconsin) Register, February, 1990, No. 410, effective March 1, 1990. NR 423.02 as published in the (Wisconsin) Register, January, 1987, No. 385, effective February 1, 1988. NR 423.03, 423.04, and 423.05 as published in the (Wisconsin) Register, December, 1993, No. 456, effective January 1, 1994. (G) Chapter NR 424: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM PROCESS LINES. NR 424.01 and 424.03 as published in the (Wisconsin) Register, February, 1990, No. 410, effective March 1, 1990. NR 424.02 as published in the (Wisconsin) Register, April, 1988, No. 388, effective May 1, 1988. NR 424.04 as published in the (Wisconsin) Register, December, 1993, No. 456, effective January 1, 1994. (H) Chapter NR 425: COMPLIANCE SCHEDULES, EXCEPTIONS, REGISTRATION AND DEFERRALS FOR ORGANIC COMPOUND EMISSION SOURCES IN CHS. NR 419 TO 424. NR 425.01 and 425.02 as published in the (Wisconsin) Register, February, 1990, No. 410, effective March 1, 1990. NR 425.03 425.04 and 425.05 as published in the (Wisconsin) Register, December, 1993, No. 456, effective January 1, 1994. NR 425.035 as published in the (Wisconsin) Register, January, 1993, No. 445, effective February 1, 1993. (I) Chapter NR 439: REPORTING, RECORDKEEPING, TESTING, INSPECTION AND DETERMINATION OF COMPLIANCE REQUIREMENTS. NR 439.01 and 439.085 as published in the (Wisconsin) Register, May, 1992, No. 437, effective June 1, 1992. NR 439.02, 439.03, 439.04, 439.05, 439.055, 439.06, 439.07, 439.075, 439.09, 439.095 and 439.11 as published in the (Wisconsin) Register, December, 1993, No. 456, effective January 1, 1994. NR 439.08 as published in the (Wisconsin) Register, May, 1993, No. 449, effective June 1, 1993. NR 439.10 as published in the (Wisconsin) Register, September, 1987, No. 381, effective October 1, 1987. (J) Chapter NR 484: INCORPORATION BY REFERENCE. NR 484.01 as published in the (Wisconsin) Register, May, 1992, No. 437, effective June 1, 1992. NR 484.02 as published in the (Wisconsin) Register, September, 1986, No. 369, effective October 1, 1986. NR 484.03 as published in the (Wisconsin) Register, May, 1993, No. 449, effective June 1, 1993. NR 484.04, 484.05 and 484.06 as published in the (Wisconsin) Register, December, 1993, No. 456, effective January 1, 1994. NR 484.08 and 484.09 as published in the (Wisconsin) Register, October, 1992, No. 442, effective November 1, 1992. (74) On November 24, 1992, the State of Wisconsin requested a revision to the Wisconsin State Implementation Plan (SIP) to maintain the National Ambient Air Quality Standards for SO2 in Douglas County Wisconsin. Included were State orders and permits limiting emissions from CLM Corporation lime kilns and requiring Continuous Emission Monitoring Systems on these kilns. (i) Incorporation by reference. (A) Wisconsin Order AM–91–816A issued by WDNR to CLM Corporation on June 13, 1991. Wisconsin Administrative Order NWD–89–08 issued by the WDNR to CLM Corporation on December 20, 1989. (75) On November 15, 1992, January 15, 1993, July 28, 1993, and January 14, 1994 the State of Wisconsin submitted emergency and permanent rules for issuance of New Source Review permits for new and modified air pollution sources in nonattainment areas, as required by section 182(a)(2)(c) of the Clean Air Act. The emergency rules have now been superseded by the permanent rules to clarify and specify the NSR requirements that sources must meet under the Clean Air Act. Also submitted were portions of 1991 Wisconsin Act 302. (i) Incorporation by reference. (A) NR 400—Wisconsin Administrative Code, Air Pollution Control, Effective date January 1, 1994. (B) NR 406—Wisconsin Administrative Code, Construction Permits, Effective date January 1, 1994. (C) NR 408—Wisconsin Administrative Code, Nonattainment Area Major Source Permits, Effective date June 1, 1993. (D) NR 490—Wisconsin Administrative Code, Procedures for Noncontested Case Public Hearings, Effective date January 1, 1994. (E) Section 144.30—91–92 Wisconsin Statutes. Effective date May 14, 1992. (F) Section 144.391—91–92 Wisconsin Statutes. Effective date May 14, 1992. (G) Section 144.392—Construction permit application and review, 91–92 Wisconsin Statutes. Effective date May 14, 1992. (H) Section 144.393—91–92 Wisconsin Statutes. Effective date May 14, 1992. (i) Section 144.394—Permit conditions, 91–92 Wisconsin Statutes. Effective date May 14, 1992. (ii) Additional material. (A) Wisconsin's Emergency NSR regulations. Effective date November 15, 1992. (B) On December 12, 1994, Donald Theiler, Director, Bureau of Air Management, WDNR sent a letter to USEPA clarifying Wisconsin's interpretation of “any period of 5 consecutive years.” Wisconsin interprets the term as referring to the five-year period including the calendar year in which the increase from the particular change will occur and the four immediately preceding years. (76) On January 14, 1994, the State of Wisconsin submitted its rules for an Operating Permits program intended to satisfy federal requirements for issuing federally enforceable operating permits. (i) Incorporation by reference. (A) NR 407—Wisconsin Administrative Code, Operating Permits, Effective date January 1, 1994. (77) On November 15, 1993, the State of Wisconsin submitted a revision to the State Implementation Plan (SIP) for the implementation of an employee commute options (ECO) program in the Milwaukee-Racine, severe–17, ozone nonattainment area. This revision included Chapter NR 486 of the Wisconsin Administrative Code, effective October 1, 1993, and Wisconsin Statutes sections 144.3712, enacted on April 30, 1992 by Wisconsin Act 302. (i) Incorporation by reference. (A) Chapter NR 486 of the Wisconsin Administrative Code, effective October 1, 1993. (B) Wisconsin Statutes, section 144.3712, enacted on April 30, 1992 by Wisconsin Act 302. (78) On November 15, 1993, the State of Wisconsin submitted a revision to the State Implementation Plan (SIP) for the implementation of a motor vehicle inspection and maintenance (I/M) program in the Milwaukee-Racine and Sheboygan ozone nonattainment areas. This revision included 1993 Wisconsin Act 288, enacted on April 13, 1994, Wisconsin Statutes Sections 110.20, 144.42, and Chapter 341, Wisconsin Administrative Code Chapter NR 485, SIP narrative, and the State's Request for Proposal (RFP) for implementation of the program. (i) Incorporation by reference. (A) 1993 Wisconsin Act 288, enacted on April 13, 1994. (B) Wisconsin Statutes, Sections 110.20, 144.42, and Chapter 341, effective November 1, 1992. (79) On October 21, 1994, the Wisconsin Department of Natural Resources (WDNR) submitted a plan modifying the SO2 emission limits applicable to Rhinelander Paper Company facility, located in the City of Rhinelander, Oneida County, Wisconsin. (i) Incorporation by reference. (A) A Consent Order (AM–94–38), effective August 22, 1994 issued by the Wisconsin Department of Natural Resources (WDNR) and signed by Donald F. Theiler for the WDNR and Melvin L. Davidson for the Rhinelander Paper Company. Rhinelander Paper Company is located in Rhinelander (Oneida County), Wisconsin. This Order limits the overall SO2 emissions from the Rhinelander Paper Company, and imposes more stringent SO2 limits for the source's stoker and cyclone boilers and vapor compression evaporator. Sampling and testing of fuel, as well as monitoring criteria are documented within the Order. (B) A letter dated August 29, 1994 from the WDNR to Jerry Neis of Rhinelander Paper Company, requesting clarification for sampling methodologies for all fuel and the source of the sludge used as a fuel source. (C) A response letter dated October 19, 1994 from Jerome T. Neis of Rhinelander Paper Company to the WDNR, detailing sampling methodologies for all fuel and clarifying the source of the sludge used as a fuel source. (80) [Reserved] (81) A revision to the ozone State Implementation Plan (SIP) was submitted by the Wisconsin Department of Natural Resources on June 30, 1994, and supplemented on July 15, 1994. This revision consists of volatile organic compound regulations which establish reasonably available control technology for yeast manufacturing, molded wood parts or products coating, and wood door finishing. (i) Incorporation by reference. The following sections of the Wisconsin Administrative Code are incorporated by reference. (A) NR 422.02(7), (34) as amended and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. NR 422.02(12e), (18m), (24s), (27m), (33d), (34m), (46m), and (51) as created and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. (B) NR 422.03(intro.) as amended and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. NR 422.03 (8) and (9) as created and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. (C) NR 422.04(1)(a) as amended and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. (D) NR 422.132 as created and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. (E) NR 422.135 as created and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. (F) NR 424.02 (3), (4), (5), (6), and (7) as created and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (G) NR 424.05 as created and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (H) NR 439.04(5)(a)(intro.) as amended and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. (I) NR 439.075(2)(a)4. as amended and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (J) NR 439.09(7m) as created and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. NR 439.09(9)(b) as amended and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (K) NR 439.095 (1)(e) and (5)(e) as created and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (L) NR 484.05(9) as renumbered from NR 484.05(2), amended and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. (82) Revisions to the ozone State Implementation Plan (SIP) were submitted by the Wisconsin Department of Natural Resources on April 17, 1990, and June 30, 1994, and supplemented on July 15, 1994. Included in these revisions is a volatile organic compound (VOC) regulation which establishes reasonably available control technology (RACT) for screen printing facilities. Additionally, the State submitted current negative declarations for pre-1990 Control Technology Guideline (CTG) categories for which Wisconsin does not have rules as well as a list of major sources affected by the 13 CTG categories that USEPA is required to issue pursuant to sections 183(a), 183(b)(3) and 183(b)(4) of the Clean Air Act (Act). (i) Incorporation by reference. The following sections of the Wisconsin Administrative Code are incorporated by reference. (A) NR 422.02(11m), (21s), (41p), (41s), (41v) and (42m) as created and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. NR 422.02(32) as amended and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (B) NR 422.03(4m) as created and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (C) NR 422.145 as created and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (D) NR 439.04(4)(intro.), (5)(a)1. and (5)(a)2. as amended and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (ii) Additional material. (A) On April 17, 1990, and June 30, 1994, Wisconsin submitted negative declarations for the following source categories: Leaks from petroleum refinery equipment; Manufacture of synthesized pharmaceutical products; Mmanufacture of pneumatic rubber tires; Automobile and light duty truck manufacturing; Fire truck and emergency response vehicle manufacturing; Manufacture of high-density polyethylene, polypropylene, and polystyrene resins, a.k.a. polymer manufacturing; Leaks from synthetic organic chemical and polymer manufacturing equipment; Air oxidation processes at synthetic organic chemical manufacturing industries; and Equipment leaks from natural gas/gasoline processing plants. These negative declarations are approved into the Wisconsin ozone SIP. (B) On June 30, 1994, Wisconsin submitted a list of facilities subject to the post-enactment source categories listed in Appendix E to the General Preamble. 57 FR 18070, 18077 (April 28, 1992). The list included facilities covered by the source categories cleanup solvents, offset lithography, plastic parts coating, and wood furniture coating. This list is approved into the Wisconsin ozone SIP. (83) A revision to the ozone State Implementation Plan (SIP) was submitted by the Wisconsin Department of Natural Resources on June 14, 1995. This revision is a volatile organic compound (VOC) regulation which requires controls on facilities that perform autobody refinishing operations. (i) Incorporation by reference. The following sections of the Wisconsin Administrative Code are incorporated by reference. (A) NR 422.02(intro.) and (47), 422.03 (1) and (3) and 484.05(1) as amended and published in the (Wisconsin) Register, August, 1995 and effective September 1, 1995. (B) NR 422.02 (1), (1x), (3m), (12d), (33j), (34s), (34v), (37s), (42n), (47e) and (49m) and 422.095 as created and published in the (Wisconsin) Register, August, 1995 and effective September 1, 1995. (C) NR 422.02(1s) as renumbered from 422.02(1) and published in the (Wisconsin) Register, August, 1995 and effective September 1, 1995. (84) A revision to the ozone State Implementation Plan (SIP) was submitted by the Wisconsin Department of Natural Resources on February 17, 1995, and supplemented on June 14, 1995. This revision consists of a volatile organic compound regulation that requires controls for gasoline storate tank vent pipes. (i) Incorporation by reference. The following section of the Wisconsin Administrative Code is incorporated by reference. (A) NR 420.035 as created and published in the (Wisconsin) Register, July, 1994, No. 463, effective August 1, 1994. (85) A revision to the ozone State Implementation Plan (SIP) was submitted by the Wisconsin Department of Natural Resources on April 12, 1995, and supplemented on June 14, 1995, and January 19, 1996. This revision consists of a volatile organic compound regulation that requires the control of emissions from traffic markings. (i) Incorporation by reference. The following section of the Wisconsin Administrative Code is incorporated by reference. (A) NR 422.02(16e), (42q), (42s) and (47m) as created and published in the (Wisconsin) Register, July, 1994, No. 463, effective August 1, 1994. (B) NR 422.17 as created and published in the (Wisconsin) Register, July, 1994, No. 463, effective August 1, 1994. (86) A revision to the ozone State Implementation Plan (SIP) was submitted by the Wisconsin Department of Natural Resources on April 12, 1995, and supplemented on June 14, 1995, and January 19, 1996. This revision consists of a volatile organic compound regulation that requires additional controls on solvent metal cleaning operations. This rule is more stringent than the RACT rule it is replacing. (i) Incorporation by reference. The following section of the Wisconsin Administrative Code is incorporated by reference. (A) NR 423.02(10) as renumbered from NR 423.02(9), amended and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. NR 423.02(11) as renumbered from NR 423.02(10) and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. NR 423.02(9) and (12) as created and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. (B) NR 423.03 as created and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. (C) NR 425.03(12)(a)7. as amended and published in the (Wisconsin) Register, August, 1994, No. 464, effective September 1, 1994. (87) The state of Wisconsin requested a revision to the Wisconsin State Implementation Plan (SIP). This revision is for the purpose of establishing and implementing a Clean-Fuel Fleet Program to satisfy the federal requirements for a Clean Fuel Fleet Program to be part of the SIP for Wisconsin. (i) Incorporation by reference. (A) Chapter 487 of the Wisconsin Administrative Code, effective June 1, 1995. (B) Wisconsin Statutes, section 144.3714, enacted on April 30, 1992, by Wisconsin Act 302. (88) A revision to the ozone State Implementation Plan (SIP) was submitted by the Wisconsin Department of Natural Resources on June 30, 1994, and supplemented on July 15, 1994. This revision consists of volatile organic compound regulations which establish reasonably available control technology for iron and steel foundries. (i) Incorporation by reference. The following sections of the Wisconsin Administrative Code are incorporated by reference. (A) NR 419.02(1s), (1t), (1u), (3m) and (6m) as created and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (B) NR 419.08 as created and published in the (Wisconsin) Register, June, 1994, No. 462, effective July 1, 1994. (89) A revision to the ozone State Implementation Plan (SIP) was submitted by the Wisconsin Department of Natural Resources on May 12, 1995, and supplemented on June 14, 1995 and November 14, 1995. This revision consists of volatile organic compound regulations which establish reasonably available control technology for lithographic printing facilities. (i) Incorporation by reference. The following sections of the Wisconsin Administrative Code are incorporated by reference. (A) NR 422.02(6), (18s), (21e), (24p), (24q), (28g), (37v), (41y) and (50v) as created and published in the (Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995. (B) NR 422.04(4) as amended and published in the (Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995. (C) NR 422.142 as created and published in the (Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995. (D) NR 439.04(5)(d)1.(intro.) as renumbered from 439.04(5)(d)(intro.), amended, and published in the (Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995. (E) NR 439.04(5)(d)1. a. and b. as renumbered from 439.04(5)(d)1. and 2., and published in the (Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995. (F) NR 439.04(5)(d)2 as created and published in the (Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995. (G) NR 439.04(5)(e)(intro.) as amended and published in the (Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995. (H) NR 439.06(3)(j) as created and published in the (Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995. (I) NR 484.04(13m), (15e) and (15m) as created and published in the (Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995. (J) NR 484.10(39m) as created and published in the (Wisconsin) Register, June, 1995, No. 474, effective July 1, 1995. (90) A revision to the ozone State Implementation Plan (SIP) was submitted by the Wisconsin Department of Natural Resources on May 12, 1995 and later supplemented on June 14, 1995. This revision consists of volatile organic compound regulations which establish reasonably available control technology for facilities that perform wood furniture coating operations. (i) Incorporation by reference. The following sections of the Wisconsin Administrative Code are incorporated by reference. (A) NR 422.02(3e),(7m), (16g), (16i), (16k), (41w), (42o), (42u), (50e), (50m) and (52) as created and published in the (Wisconsin) Register, August, 1995, No. 476, effective September 1, 1995. (B) NR 422.02(47) as amended and published in the (Wisconsin) Register, August, 1995, No. 476, effective September 1, 1995. (C) NR 422.125 as created and published in the (Wisconsin) Register, August, 1995, No. 476, effective September 1, 1995. (D) NR 422.15(1)(intro.) as amended and published in the (Wisconsin) Register, August, 1995, No. 476, effective September 1, 1995. (91) The State of Wisconsin requested a revision to the Wisconsin State Implementation Plan (SIP). This revision is for the purpose of satisfying the rate-of-progress requirement of section 182(b) and the contingency measure requirement of section 172(c)(9) of the Clean Air Act (Act) which will aid in ensuring the attainment of the national ambient air quality standard (NAAQS) for ozone. (i) Incorporation by reference. (A) Wisconsin Statutes, sections 144.31(1)(e) and (f), enacted on April 30, 1992, by Wisconsin Act 302. (92) On October 18, 1995, the Wisconsin Department of Natural Resources submitted a revision to the State Implementation Plan for general conformity rules. The general conformity SIP revisions enable the State of Wisconsin to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans. (i) Incorporation by reference. (A) NR 489, as created and published in the (Wisconsin) Register, September, 1995, number 477, effective October 1, 1995. (93) A revision to the ozone State Implementation Plan (SIP) was submitted by the Wisconsin Department of Natural Resources on December 11, 1995 and later supplemented on January 12, 1996. This revision consists of a volatile organic compound regulation that establishes reasonably available control technology for facilities that use industrial adhesives. (i) Incorporation by reference. The following sections of the Wisconsin Administrative Code are incorporated by reference. (A) NR 422.02(1e), (1m) and (28j) as created and published in the (Wisconsin) Register, August, 1995, No. 476, effective September 1, 1995. (B) NR 422.127 as created and published in the (Wisconsin) Register, August, 1995, No. 476, effective September 1, 1995. (C) NR 422.132(1)(c) as repealed, recreated and published in the (Wisconsin) Register, August, 1995, No. 476, effective September 1, 1995. (94) A revision to the ozone State Implementation Plan (SIP) was submitted by the Wisconsin Department of Natural Resources on November 17, 1995. This revision consists of a site-specific revision for the GenCorp Inc.-Green Bay facility. This revision is required under Wisconsin's federally approved rule, NR 419.05. The storage requirements contained in NR 419.05 specifically require floating roofs, vapor condensation systems, and vapor holding tanks, or an equally effective alternative control method approved by the Wisconsin Department of Natural Resources and U.S. EPA. The GenCorp Inc.-Green Bay facility has chosen to utilize a pressure vessel storage tank with a vapor balance system, as specified in Permit 95–CHB–407 which was issued on August 29, 1995. This pressure vessel will be used for the storage of acrylonitrile that will be used to manufacture styrene-butadiene-acrylonitrile latex. (i) Incorporation by reference. The following sections of the Wisconsin air pollution construction permit 95–CHB–407 are incorporated by reference. (A) The permit condition requiring a pressure vessel storage tank with a vapor balance system for the styrene-butadiene-acrylonitrile latex manufacturing process, as created and published Wisconsin Permit 95–CHB–407, August 29, 1995 and effective August 29, 1995. (95) On March 15, 1996, Wisconsin submitted a site-specific SIP revision in the form of a consent order for incorporation into the federally enforceable ozone SIP. This consent order establishes an alternate volatile organic compound control system for a cold cleaning operation at the General Electric Medical Systems facility located at 4855 West Electric Avenue in Milwaukee. (i) Incorporation by reference. The following items are incorporated by reference. (A) State of Wisconsin Consent Order AM–96–200, dated February 20, 1996. (B) September 15, 1995 letter from Michael S. Davis, Manager—Air and Chemical Management Programs, General Electric Medical Systems to Denese Helgeland, Wisconsin Department of Natural Resources, along with the enclosed system diagram. (This letter is referenced in Consent Order AM–96–200.) (96)–(97) [Reserved] (98) On November 6, 1996, the State of Wisconsin submitted rules pertaining to requirements under the Prevention of Significant Deterioration program. Wisconsin also submitted rule packages as revisions to the state implementation plans for particulate matter and revisions to the state implementation plans for clarification changes. (i) Incorporated by reference. The following sections of the Wisconsin Administrative Code (WAC) are incorporated by reference. Both rule packages, AM–27–94 and AM–9–95, were published in the (Wisconsin) Register in April 1995, No. 472, and became effective May 1, 1995. AM–27–94 modifies Chapter NR, Sections 400.02(39m), 404.05, 405.02, 405.07, 405.08, 405.10, 405.14, and 484.04 of the WAC. AM–9–95 modifies Chapter NR, Sections 30.03, 30.04, 400 Note, 400.02, 400.03, 401.04, 404.06, 405.01, 405.02, 405.04, 405.05, 405.07, 405.08, 405.10, 406, 407, 408, 409, 411, 415, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 429, 436, 438, 439, 445m, 447, 448, 449, 484, 485, 488, 493, and 499 of the WAC. (99) On February 26, 1999, the State of Wisconsin submitted a site-specific revision to the sulfur dioxide (SO2) SIP for Murphy Oil USA located in Superior (Douglas County), Wisconsin. This SIP revision was submitted in response to a January 1, 1985, request for an alternate SO2 emission limitation by Murphy Oil, in accordance with the procedures of Wisconsin State Rule NR 417.07(5) for obtaining alternate emission limits, as was approved by EPA in paragraph (c)(63) of this section. (i) Incorporation by reference. (A) Air Pollution Control Operation Permit No. 95–SDD–120–OP, issued by the Wisconsin Department of Natural Resources (WDNR) to Murphy Oil USA on February 17, 1999. (ii) Additional material. (A) Analysis and Preliminary Determination for the Proposed Operation Permit for the Operation of Process Heaters and Processes Emitting Sulfur Dioxide for Murphy Oil, performed by the WDNR on September 18, 1998. This document contains a source description, analysis of the alternate emission limitation request, and an air quality review, which includes the results of an air quality modeling analysis demonstrating modeled attainment of the SO2 NAAQS using the alternate emission limit for Murphy Oil. (100) On October 30, 1998, Wisconsin submitted a source-specific State Implementation Plan revision for Uniroyal Engineered Products, Inc., located in Stoughton, Wisconsin. The State supplemented the original submittal with Consent Order Number AM–99–900 on February 17, 2000. This source-specific variance relaxes volatile organic compound reasonably available control technology requirements for Uniroyal. (i) Incorporation by reference. (A) Consent Order Number AM–99–900, issued by the Wisconsin Department of Natural Resources to Uniroyal Engineered Products on February 17, 2000. (101) On November 15, 1992, the state of Wisconsin submitted a revision to the Wisconsin State Implementation Plan for ozone establishing an enhanced motor vehicle inspection and maintenance program in Southeast Wisconsin. The state made several supplements to the original plan, dated January 15, 1993, November 15, 1993, July 28, 1994, February 13, 1996, July 3, 1997, August 11, 1998, December 30, 1998, December 22, 2000, and July 27, 2001. This revision included Wisconsin statutes providing authorities for implementing the program, Wisconsin Administrative Rules, the contract between the state of Wisconsin and the vehicle testing contractor, schedules for implementation, and technical materials related to test equipment specifications, reports, and quality assurance procedures. (i) Incorporation by reference. (A) Wisconsin Statutes, Section 110.20, effective January 1, 1996, Section 285.30, effective January 1, 1997. (B) Wisconsin Administrative Code, Chapter NR 485, effective February 1, 2001. (C) Wisconsin Administrative Code, Chapter TRANS 131, effective June 1, 2001. (102) On February 9, 2001 the Wisconsin Department of Natural Resources submitted a site specific SIP revision in the form of a February 5, 2001 Environmental Cooperative Agreement for incorporation into the federally enforceable State Implementation Plan. The Cooperative Agreement establishes an exemption for pre-construction permitting activities for certain physical changes or changes in the method of operation at the Wisconsin Electric Power Company, Pleasant Prairie Power Plant located at 8000 95th Street, Pleasant Prairie, Wisconsin. This Environmental Cooperative Agreement expires on February 4, 2006. (i) Incorporation by reference. The following provisions of the Environmental Cooperative Agreement between the Wisconsin Electric Power Company and the Wisconsin Department of Natural Resources signed on February 5, 2001: The provisions in Section XII.C. Permit Streamlining concerning Construction Permit Exemption for Minor Physical or Operational Changes. These provisions establish a construction permit exemption for minor physical or operational changes at the Wisconsin Electric Power Company Pleasant Prairie Power Plant. This Environmental Cooperative Agreement expires on February 4, 2006. (103) On December 27, 2000, Wisconsin submitted a one-hour ozone attainment demonstration plan as a revision to the Wisconsin State Implementation Plan (SIP). Supplements to the December 27, 2001 plan were submitted on May 28, 2001, June 6, 2001, and August 29, 2001. (i) Incorporation by reference. (A) NR 400.02 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (B) NR 422.02 as published in the (Wisconsin) Register, August 2001, No. 548 and effective September 1, 2001. (C) NR 422.04 as published in the (Wisconsin) Register, August 2001, No. 548 and effective September 1, 2001. (D) NR 422.083 as published in the (Wisconsin) Register, August 2001, No. 548 and effective September 1, 2001. (E) NR 422.135 as published in the (Wisconsin) Register, August 2001, No. 548 and effective September 1, 2001. (F) NR 423.02 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (G) NR 423.035 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (H) NR 428.01 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (I) NR 428.02 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (J) NR 428.04 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (K) NR 428.05 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (L) NR 428.07 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (M) NR 428.08 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (N) NR 428.09 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (O) NR 428.10 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (P) NR 428.11 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (Q) NR 439.04(5)(a) as published in the (Wisconsin) Register, August 2001, No. 548 and effective September 1, 2001. (R) NR 439.096 as published in the (Wisconsin) Register, January 15, 2001, No. 541 and effective February 1, 2001. (S) NR 484.04 as published in the (Wisconsin) Register, August 2001, No. 548 and effective September 1, 2001. (T) A Consent Order, No. AM–00–01, signed and effective September 7, 2000. The Order, issued by the Wisconsin Department of Natural Resources, establishes Reasonably Available Control Requirements for ink manufacturing operations at Flint Ink, located in Milwaukee. (ii) Additional material. (A) A letter from Lloyd Eagan, to Cheryl Newton dated May 28, 2001, providing clarifications and a commitment relative to the state's one-hour ozone SIP revision submittal. (B) A letter and attachments from Lloyd Eagan to David Ullrich, dated June 6, 2001 providing supplemental information for the state's reasonably available control measures analysis. (104) A revision to the Wisconsin State Implementation Plan for ozone was submitted on February 1, 2001. It contained revisions to the state's regulations that control volatile organic compound emissions from automobile refinishing operations. A portion of these regulations were renumbered and submitted on July 21, 2001. (i) Incorporation by reference. The following sections of the Wisconsin Administrative code are incorporated by reference. (A) NR 406.04 as published in the (Wisconsin) Register January, 2001, No. 541, effective February 1, 2001. (B) NR 407.03 as published in the (Wisconsin) Register January, 2001, No. 541, effective February 1, 2001. (C) NR 419.02 as published in the (Wisconsin) Register January, 2001, No. 541, effective February 1, 2001. (D) NR 422.095 as published in the (Wisconsin) Register August, 2001, No. 548, effective September 1, 2001. (E) NR 484.10 as published in the (Wisconsin) Register January, 2001, No. 541, effective February 1, 2001. (105) On November 17, 2000, WDNR submitted a request to redesignate the villages of Rothschild and Weston and the Township of Rib Mountain, all located in central Marathon County, Wisconsin from primary and secondary SO2 nonattainment areas to attainment of the SO2 NAAQS. EPA identified modeling and enforceability issues during the technical review of this submittal. On October 17, 2001, WDNR sent to EPA a supplemental submittal addressing the technical deficiencies. (i) Incorporation by reference. (A) A Consent Order identified as AM–01–600 for Weyerhaeuser Company, issued by WDNR and signed by Scott Mosher for the Weyerhaeuser Company on May 29, 2001, and Jon Heinrich for WDNR on August 16, 2001. (B) A Consent Order identified as AM–01–601 for Wisconsin Public Service Corporation's Weston Plant, signed by David W. Harpole for the Wisconsin Public Service Corporation on July 12, 2001, and Jon Heinrich for WDNR on August 16, 2001. (106) Wisconsin submitted a revision to its State Implementation Plan for ozone on December 22, 2000. The rule requires major stationary sources of volatile organic compounds in the Milwaukee nonattainment area to pay a fee to the state if the area fails to attain the one-hour national ambient air quality standard for ozone by 2007. (i) Incorporation by reference. The following section of the Wisconsin Administrative code is incorporated by reference: NR 410.06 as created and published in the (Wisconsin) Register January, 2001, No. 541, effective February 1, 2001. (107) On June 12, 2002, the Wisconsin Department of Natural Resources submitted a site specific revision to its SIP for emissions from Northern Engraving Corporation's Holmen and Sparta facilities in the form of a Environmental Cooperative Agreement for incorporation into the federally enforceable State Implementation Plan. It consists of portions of the Environmental Cooperative Agreement which supersede portions of rules in the State Implementation Plan. The Cooperative Agreement establishes an exemption for pre-construction permitting activities for certain physical changes or changes in the method of operation at the Northern Engraving Corporation's Holmen and Sparta facilities. (i) Incorporation by reference. (A) The following provisions of the Environmental Cooperative Agreement between Northern Engraving Corporation (NEC) and the Wisconsin Department of Natural Resources signed on June 10, 2002: Section XI of the Environmental Cooperative Agreement (Operational Flexibility and Variances) and Part IA. of Appendix C.3: Specific Permit Conditions under the Environmental Cooperative Agreement for NEC's Sparta facility. (108) On December 16, 2002, Lloyd L. Eagan, Director, Wisconsin Department of Natural Resources, submitted revised rules to allow use of NOX emissions averaging for sources subject to NOX emission limits in the Milwaukee-Racine area. The revised rules also establish a NOX emissions cap for sources that participate in emissions averaging, consistent with the emissions modeled in Wisconsin's approved one-hour ozone attainment demonstration for the Milwaukee-Racine area. The rule revision also creates a new categorical emissions limit for new integrated gasification combined cycle units. (i) Incorporation by reference. (A) NR 428.02(6m) as published in the (Wisconsin) Register, November 2002, No. 563 and effective December 2, 2002. (B) NR 428.04(2)(g)(3) as published in the (Wisconsin) Register, November 2002, No. 563 and effective December 2, 2002. (C) NR 428.06 as published in the (Wisconsin) Register, November 2002, No. 563 and effective December 2, 2002. (109) On October 7, 2002, the Wisconsin Department of Natural Resources submitted a State Implementation Plan (SIP) revision for the control of emissions of particulate matter (PM) in the state of Wisconsin. This revision will allow certain state designated nonattainment areas for total suspended particulates (TSP) to be redesignated to attainment while retaining the emission limits and control requirements which helped lower PM concentrations in those areas. Specifically, EPA is approving into the PM SIP certain provisions to chapter NR 415, Wisconsin Administrative Code, and repealing sections NR 415.04(5), NR 415.05(5) and NR 415.06(5). (i) Incorporation by reference. The following sections of the Wisconsin Administrative Code are incorporated by reference. (A) NR 415.035 as created and published in the (Wisconsin) Register, October 2001, No. 550, effective November 1, 2001. (B) NR 415.04(2)(intro.), NR 415.04(3)(intro.), NR 415.04(3)(a), NR 415.04(4)(intro.), NR 415.04(4)(b), NR 415.05(3)(intro.), NR 415.06(3)(intro.), NR 415.06(4), and NR 415.075(3)(intro.) as amended and published in the (Wisconsin) Register, October 2001, No. 550, effective November 1, 2001. (110) On June 27, 2003, the Wisconsin Department of Natural Resources (WDNR) submitted a site specific revision to its state implementation plan for emissions from Northern Engraving Corporation's (Northern Engraving) Galesville and West Salem facilities in the form of operating permit conditions, based upon an Environmental Cooperative Agreement reached between WDNR and Northern Engraving for incorporation into the federally enforceable State Implementation Plan (SIP). An exemption for pre-construction permitting activities for certain physical changes or changes in the method of operation at the Northern Engraving Corporation's Galesville and West Salem facilities is established. Specific permit conditions for these two facilities are incorporated by reference in the SIP. (i) Incorporation by reference. (A) Specific Permit Conditions under the Environmental Cooperative Agreement for Northern Engraving Corporation's (NEC) Galesville facility contained in Part I.A. of Wisconsin Air Pollution Control Operation Permit NO. 662008930–F02 issued April 26, 2002 to NEC, 1200 West Gale Avenue, Galesville, Trempeauleau County, Wisconsin. This permit expires April 26, 2007. (B) Specific Permit Conditions under the Environmental Cooperative Agreement for Northern Engraving Corporation's (NEC) West Salem facility contained in Part I.A. of Wisconsin Air Pollution Control Operation Permit NO. 632024800–F01 issued June 23, 2003 to NEC, 600 Brickl Road, West Salem, La Cross County, Wisconsin. This permit expires June 23, 2008. (111) On May 25, 2004, Lloyd L. Eagan, Director, Wisconsin Department of Natural Resources, submitted a revision to its rule for control of nitrogen oxide (NOX) emissions as a revision to the Wisconsin State Implementation Plan. The revision modifies language to clarify which sources are eligible to participate in the NOX emission averaging program to demonstrate compliance as part of the one-hour ozone attainment plan approved by EPA for the Milwaukee-Racine and Sheboygan ozone nonattainment areas (Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha counties). The rule revision also creates a separate limit for new combustion turbines burning biologically derived gaseous fuels. The new NOX categorical limit for newly installed combustion turbines burning biologically derived fuel applies only to new sources located in Kenosha, Milwaukee, Ozaukee, Racine, Washington, and Waukesha counties in southeastern Wisconsin. (i) Incorporation by reference. Wisconsin rules NR 428.02(1)and (1m); NR 428.04(2)(g)(1); NR 428.04(2)(g)(4); and NR 428.06(2)(a) as published in the (Wisconsin) Register, December 2003, No.576 and effective January 1, 2004. (112) On May 18, 2005, Wisconsin Department of Natural Resources submitted a source specific State Implementation Plan revision. Serigraph, Inc. in Washington County is seeking to use an alternative volatile organic compounds control device. Serigraph, Inc. will use a biofilter to control volatile organic compound emissions from sources in its Plant 2. This is considered an equivalent control system under section NR 422.04(2)(d) of the Wisconsin Administrative Code because it will reliably control emissions at or below the level of the applicable emission limits, Wisconsin Administrative Code section NR 422.145. (i) Incorporation by reference. Department of Natural Resources Findings of Fact, Conclusions of Law, and Decision AM–04–200 dated November 24, 2004. (113) Approval—On July 28, 2005, Wisconsin submitted General and Registration construction and operation permitting programs for EPA approval into the Wisconsin SIP. EPA also is approving these programs under section 112(l) of the Act. EPA has determined that these permitting programs are approvable under the Act, with the exception of sections NR 406.11(1)(g)(2), 407.105(7), and 407.15(8)(b), which Wisconsin withdrew from consideration on November 14, 2005. Finally, EPA is removing from the state SIP NR 406.04(1)(c) and 407.03(1)(c), the exemption for certain grain storage and processing facilities from needing to obtain a construction or operation permit, previously approved in paragraphs (c)(75) and (c)(76) of this section. (i) Incorporation by reference. (A) NR 406.02(1) through (4), amended and published in the (Wisconsin) Register, August 2005, No. 596, effective September 1, 2005. (B) NR 406.04(1) (ce), (cm) and (m) (intro.), 406.11(1) (intro.) and (c), 407.03(1) (ce) and (cm), 407.05(7), 407.15 (intro.) and (3), 410.03(1)(a)(5), and 484.05(1) as amended and published in the (Wisconsin) Register, August 2005, No. 596, effective September 1, 2005. (C) NR 407.02(3) and 407.10 as repealed, recreated and published in the (Wisconsin) Register, August 2005, No. 596 effective September 1, 2005. (D) NR 400.02(73m) and (131m), 406.02(1) and (2), 406.04(2m), 406.11(1)(g)(1), 406.11(3), 406.16, 406.17, 406.18, 407.02(3m), 407.105 (1) through (6), 407.107, 407.14 Note, 407.14(4)(c), 407.15(8)(a), and 410.03(1)(a)(6) and (7) as created and published in the (Wisconsin) Register, August 2005, No. 596, effective September 1, 2005. [37 FR 10902, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.2570, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.2571 Classification of regions. top The Wisconsin plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ----------------------------------------------------- Air quality control region Particulate Sulfur Nitrogen Carbon matter oxides dioxide monoxide Ozone ---------------------------------------------------------------------------------------------------------------- Duluth (Minnesota)-Superior (Wisconsin) Interstate........ I II III III III North Central Wisconsin Intrastate........................ II III III III III Lake Michigan Intrastate.................................. II III III III III Southeast Minnesota-La Crosse (Wisconsin) Interstate...... II IA III III III Southern Wisconsin Intrastate............................. II III III III III Southeastern Wisconsin Intrastate......................... I II III III I Rockford (Illinois)-Jamesville-Beloit (Wisconsin) II III III III III Interstate............................................... Metropolitan Dubuque Interstate........................... I III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10902, May 31, 1972, as amended at 39 FR 16348, May 8, 1974; 45 FR 2322, Jan. 11, 1980] § 52.2572 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Wisconsin's plans for the attainment and maintenance of the National Ambient Air Quality Standards under section 110 of the Clean Air Act. Furthermore, the Administrator findsthe plans satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the Ozone portion of the State Implementation Plan depends on the adoption and submittal of RACT requirements on: (1) Group III Control Techniques Guideline sources within 1 year after January 1st following the issuance of each Group III control technique guideline; and (2) major (actual emissions equal or greater than 100 tons VOC per year) non-control technique guideline sources in accordance with the State's schedule contained in the 1982 Ozone SIP revision for Southeastern Wisconsin. [49 FR 8923, Mar. 9, 1984] § 52.2573 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met since the plan does not provide for public availability of emission data. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1–June 30 and July 1-December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [37 FR 10902, May 31, 1972, as amended at 40 FR 55334, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] § 52.2574 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met since section 144.33 of the Wisconsin Air Law will preclude the release of emission data in certain situations. [37 FR 10902, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986] § 52.2575 Control strategy: Sulfur dioxide. top (a) Part D—Approval—With the exceptions set forth in this subpart, the Administrator approved the Wisconsin sulfur dioxide control plan. (1) Part D—No action—USEPA takes no action on the Wisconsin sulfur dioxide rules NR 154.12 (1), (2) and (3). (b) Sulfur dioxide maintenance plan. (1) An SO2 maintenance plan was submitted by the State of Wisconsin on June 9, 1992, for the City of Madison, Dane County. (2) An SO2 maintenance plan was submitted by the State of Wisconsin on June 12, 1992, for the City of Milwaukee, Milwaukee County. (3) An SO2 maintenance plan was submitted by the State of Wisconsin on November 5, 1999, for the City of Rhinelander, Oneida County. (4) An SO2 maintenance plan was submitted by the State of Wisconsin on November 17, 2000, for the villages of Rothschild and Weston and the Township of Rib Mountain, all located in central Marathon County. [46 FR 21168, Apr. 9, 1981, as amended at 58 FR 29786 and 29790, May 24, 1993; 65 FR 68904, Nov. 15, 2000; 67 FR 37331, May 29, 2002] § 52.2576 [Reserved] top § 52.2577 Attainment dates for national standards. top The following table presents the latest dates by which the national standards are to be attained. The dates reflect the information presented in Wisconsin's plan, except where noted. ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------------------------------- Air Quality Control Region TSP SO2 ---------------------------------------------------- NO2 CO O3 Primary Secondary Primary Secondary ---------------------------------------------------------------------------------------------------------------- Duluth (Minnesota)-Superior (Wisconsin Interstate (AQCR 129): a. Primary/Secondary a........ f............ b........ a............ c........ c....... c. nonattainment areas. b. Remainder of AQCR..... b........ c............ c........ c............ c........ c....... c. North Central Wisconsin Intrastate (AQCR 238): a. Primary/Secondary b........ f............ d........ c............ c........ c....... d. nonattainment areas. b. Remainder of AQCR..... b........ c............ c........ c............ c........ c....... c. Lake Michigan Intrastate (AQCR 237): a. Primary/Secondary b........ f............ c........ c............ c........ c....... d. nonattainment areas. b. Remainder of AQCR..... b........ c............ c........ c............ c........ c....... c. Southeast Minnesota-LaCrosse (Wisconsin) Interstate (AQCR 128): a. Primary/Secondary b........ c............ a........ a............ c........ c....... c. nonattainment areas. b. Remainder of AQCR..... b........ c............ c........ c............ c........ c....... c. Southern Wisconsin Intrastate (AQCR 240): a. Primary/Secondary g........ f............ d........ c............ c........ c....... d. nonattainment areas. b. Remainder of AQCR..... b........ c............ c........ c............ c........ c....... c. Southeastern Wisconsin Intrastate (AQCR 239): a. Primary/Secondary d........ d............ b........ a............ c........ e....... e. nonattainment areas. b. Remainder of AQCR..... b........ c............ c........ c............ c........ c....... c. Rockford (Illinois)- Janesville-Beloit (Wisconsin) Interstate (AQCR 73) (Wisconsin portion): a. Primary/Secondary d........ d............ c........ c............ c........ c....... c. nonattainment areas. b. Remainder of AQCR..... b........ c............ c........ c............ c........ c....... c. Metropolitan Dubuque Interstate (AQCR 68): a. Primary/Secondary a........ a............ c........ c............ c........ c....... c. nonattainment areas. b. Remainder of AQCR..... b........ c............ c........ c............ c........ c....... c. ---------------------------------------------------------------------------------------------------------------- a. July, 1975. b. Air quality levels presently below primary standard or are unclassifiable. c. Air quality levels presently below secondary standard or are unclassifiable. d. December 31, 1982. e. December 31, 1987. f. 18-Month extension granted for plan submission and identification of attainment date. g. No attainment plan was submitted. Note: Sources subject to the plan requirements and attainment dates established under section 110(a)(2)(A) prior to the 1977 Clean Air Act Amendments remain obligated to comply with these requirements by the earlier deadlines. The earlier attainment dates are set out at 40 CFR 52.2577(1978). For actual nonattainment designations refer to 40 CFR part 81. Dates or footnotes which are italicized are prescribed by the Administrator because the plan did not provide a specific date or the date provided was not acceptable. [48 FR 9862, Mar. 9, 1983] § 52.2578 Compliance schedules. top (a) [Reserved] (b) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. (c) Federal compliance schedules. (1) Except as provided in paragraph (c)(3) of this section, the owner or operator of any stationary source in the Southeast Wisconsin AQCR subject to the following emission limiting regulation in the Wisconsin implementation plan shall comply with the applicable compliance schedule in paragraph (c)(2) of this section: Wisconsin Air Pollution Control Regulation NR 154.13. (2) (i) Compliance schedules. The owner or operator of any stationary source in the Southeast Wisconsin AQCR subject to NR 154.13 shall notify the Administrator no later than October 1, 1973, of his intent either to install necessary control systems per Wisconsin Air Pollution Control Regulation NR 154.13(2) or to switch to an exempt solvent per Wisconsin Air Pollution Control Regulation NR 154.13(3) to comply with the requirements of Wisconsin Air Pollution Control Regulation NR 154.13. (ii) Any owner or operator of a stationary source subject to paragraph (c)(2)(i) of this section who elects to comply with the requirements of NR 154.13 by installing a control system shall take the following actions with respect to the source no later than the specified dates. (a) November 1, 1973—Advertise for bids for purchase and/or construction of control system or purchase of requisite material for process modification sufficient to control hydrocarbon emissions from the source. (b) December 15, 1973—Award contracts or issued order for purchase and/or construction of control system or purchase of requisite material for process modification sufficient to control hydrocarbon emissions from the source. (c) April 15, 1974—Initiate onsite construction or installation of control system or process modification. (d) November 1, 1974—Complete on-site construction or installation of control system or process modification. (e) January 1, 1975—Achieve final compliance with Wisconsin Air Pollution Control Regulation NR 154.13. (iii) Any owner or operator of a stationary source subject to paragraph (c)(2)(i) of this section, who elects to comply with the requirements of Wisconsin Air Pollution Control Regulation NR 154.13 by switching to an exempt solvent, shall take the following actions with respect to the source no later than the dates specified. (a) April 1, 1974—Begin testing exempt solvents. (b) June 1, 1974—Issue purchase orders for exempt solvents. (c) December 1, 1974—Convert to complete use of exempt solvent. (d) January 1, 1975—Achieve full compliance with Wisconsin Air Pollution Control Regulation NR 154.13. (iv) Any owner or operator subject to a compliance schedule above shall certify to the Administrator, within five days after the deadline for each increment of progress in that schedule, whether or not the increment has been met. (3) (i) None of the above paragraphs shall apply to a source which is presently in compliance with applicable regulations and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification. (ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source. (iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source. (4) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (c)(2) of this section fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter. (d) [Reserved] (e) The compliance schedule for the source identified below is disapproved as not meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted. ---------------------------------------------------------------------------------------------------------------- Source Location Regulation involved Date schedule adopted ---------------------------------------------------------------------------------------------------------------- douglas county ---------------------------------------------------------------------------------------------------------------- M&O Elevators Inc. (c) Units 12- Superior............... NR154.11(4)(b)......... Sept. 25, 1973. 17. ---------------------------------------------------------------------------------------------------------------- marathon county ---------------------------------------------------------------------------------------------------------------- Mosinee Paper Co..................... Mosinee................ NR154.11(4), (5)....... May 19, 1973. ---------------------------------------------------------------------------------------------------------------- [38 FR 16170, June 20, 1973, as amended at 38 FR 22752, Aug. 23, 1973; 38 FR 24832, Sept. 7, 1973; 39 FR 28159, Aug. 5, 1974; 39 FR 32608, Sept. 10, 1974; 43 FR 53440, Nov. 16, 1978; 51 FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989] §§ 52.2579-52.2580 [Reserved] top § 52.2581 Significant deterioration of air quality. top (a)–(c) [Reserved] (d) The requirements of sections 160 through 165 of the Clean Air Act are met, except for sources seeking permits to locate in Indian country within the State of Wisconsin; and sources with permits issued by EPA prior to the effective date of the state's rules. (e) Regulations for the prevention of the significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Wisconsin for sources wishing to locate in Indian country; and sources constructed under permits issued by EPA. [45 FR 52741, Aug. 7, 1980, as amended at 46 FR 9585, Jan. 29, 1981; 64 FR 28748, May 27, 1999; 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec. 24, 2003] §§ 52.2582-52.2583 [Reserved] top § 52.2584 Control strategy; Particulate matter. top (a) Part D—Disapproval—USEPA disapproves Regulation NR 154.11(7)(b) of Wisconsin Administrative Code (RACT Requirements for Coking Operations), which is part of the control strategy to attain and maintain the standards for particulate matter, because it does not contain an enforceable RACT-level numerical visible emission limitation for charging operations. (b) Approval—On April 30, 1988 and March 30, 1990, the State of Wisconsin submitted committal SIPs for particulate matter with an aerodynamic diameter equal to or less than 10 micrometers (PM10) for the Group II areas within the Cities of DePere, Madison, Milwaukee, Superior, and Waukesha. This committal SIP meets all of the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10. [48 FR 9862, Mar. 9, 1983, as amended at 55 FR 33120, Aug. 14, 1990] § 52.2585 Control strategy: Ozone. top (a) Disapproval—On November 6, 1986, the Wisconsin Department of Natural Resources submitted as a proposed revision to the State's ozone State Implementation Plan a site-specific reasonably available control technology determination for a miscellaneous metal parts and products dip coating line. This line is located at the Gehl facility in Washington County, Wisconsin. In a May 31, 1988 (53 FR 19806), notice of proposed rulemaking, United States Environmental Protection Agency proposed to disapprove this site-specific revision to the Wisconsin State Implementation Plan for ozone. (b) Disapproval—On August 22, 1986, the Wisconsin Department of Natural Resources submitted a proposed revision to its ozone State Implementation Plan consisting of a site-specific reasonably available control technology determination for two miscellaneous metal parts and products spray coatings lines. These operations are located at the General Electric Company, Medical Systems facility in Milwaukee, Wisconsin, an area which has been designated as nonattainment for ozone, pursuant to section 107 of the Clean Air Act and 40 Code of Federal Regulations, part 81, §81.350. (c) [Reserved] (d) Approval—On November 15, 1992, the Wisconsin Department of Natural Resources submitted a revision to the ozone State Implementation Plan. The submittal pertained to the development of a process for assessing conformity of any federally-funded transportation and other federally funded projects in the nonattainment area. (e) Approval—On January 15, 1993, the Wisconsin Department of Natural Resources submitted a revision to the ozone State Implementation Plan for the 1990 base year inventory. The inventory was submitted by the State of Wisconsin to satisfy Federal requirements under section 182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a revision to the ozone State Implementation Plan (SIP) for all areas in Wisconsin designated nonattainment, classified marginal to extreme. These areas include counties of Walworth, Door, Kewaunee, Manitowoc, Sheboygan, and the six county Milwaukee area (counties of Washington, Ozaukee, Waukesha, Milwaukee, Racine, and Kenosha). (f) Approval—The Administrator approves the incorporation of the photochemical assessment ambient monitoring system submitted by Wisconsin on November 15, 1993, into the Wisconsin State Implementation Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State to provide for the establishment and maintenance of photochemical assessment monitoring stations (PAMS). (g) Approval—On November 15, 1993, the Wisconsin Department of Natural Resources submitted a revision to the ozone State Implementation Plan. The submittal pertained to a plan for forecasting VMT in the severe ozone nonattainment area of southeastern Wisconsin and demonstrated that Transportation Control Measures would not be necessary to offset growth in emissions. (h) Approval—On November 15, 1993, the Wisconsin Department of Natural Resources submitted a revision to the ozone State Implementation Plan. The submittal pertained to a plan for forecasting VMT in the severe ozone nonattainment area of southeastern Wisconsin and demonstrated that Transportation Control Measures would not be necessary to meet the 15 percent Rate-of-Progress milestone. (i) Approval—EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT), new source review (NSR), vehicle inspection/maintenance (I/M), and general conformity exemptions for the moderate and above ozone nonattainment areas within Wisconsin as requested by the States of Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal. This approval also covers the exemption of transportation and general conformity requirements of section 176(c) for the Door and Walworth marginal ozone nonattainment areas. Approval of these exemptions is contingent on the results of the final ozone attainment demonstration expected to be submitted in mid-1997. The approval will be modified if the final attainment demonstration demonstrates that NOX emission controls are needed in any of the nonattainment areas to attain the ozone standard in the Lake Michigan Ozone Study modeling domain. (j) Approval—On June 14, 1995, the Wisconsin Department of Natural Resources submitted a revision to the ozone State Implementation Plan. The submittal pertained to a plan for the implementation and enforcement of the Federal transportation conformity requirements at the State or local level in accordance with 40 CFR part 51, subpart T—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act. (k) Approval—On December 15, 1995, and May 15, 1996, the Wisconsin Department of Natural Resources submitted requests to redesignate Walworth County and Sheboygan and Kewaunee Counties, respectively, from nonattainment to attainment for ozone. The State also submitted maintenance plans as required by section 175A of the Clean Air Act, 42 U.S.C. 7505a. Elements of the section 175A maintenance plans include attainment emission inventories for NOX and VOC, demonstrations of maintenance of the ozone NAAQS with projected emission inventories to the year 2007 for NOX and VOC, plans to verify continued attainment, and contingency plans. If a violation of the ozone NAAQS, determined to be caused by local sources is monitored, Wisconsin will implement one or more appropriate contingency measure(s) contained in the contingency plan. Once a violation of the ozone NAAQS is recorded, the State will notify EPA and review the data for quality assurance. A plan to analyze the violation, including an analysis of meteorological conditions, will be submitted within 60 days to EPA-Region 5 for approval. Within 14 months of the violation, Wisconsin will complete and public notice the analysis and submit it to EPA-Region 5 for review. If the analysis shows that local sources caused the violation, Wisconsin will implement the contingency measures within 24 months after the violation. The contingency measures to be implemented in Walworth County are Stage II vapor recovery and non-Control Technology Guideline (non-CTG) Reasonably available control technology (RACT) limits. Contingency measures to be implemented in either Kewaunee or Sheboygan County are lower major source applicability thresholds for industrial sources and new gasoline standards which will lower VOC emissions. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) and 175A of the Act, respectively. (l) Wisconsin's November 15, 1994 request for a temporary delay of the ozone attainment date for Manitowoc County from 1996 to 2007 and suspension of the automatic reclassification of Manitowoc County to serious nonattainment for ozone is approved, based on Wisconsin's demonstration through photochemical grid modeling that transport from upwind areas makes it “practicably impossible” for the County to attain the ozone National Ambient Air Quality Standard by its original attainment date. (m) Approval—On July 10, 1996, the Wisconsin Department of Natural Resources submitted a revision to the ozone State Implementation Plan. The submittal pertained to a request to waive the Oxide of Nitrogen requirements for transportation conformity in the Milwaukee and Manitowoc ozone nonattainment areas. (n) Approval—On September 8, 2000, Wisconsin submitted a revision to the ozone maintenance plan for the Walworth County area. The revision consists of allocating a portion of the Walworth County area's Volatile Organic Compounds (VOC) safety margin to the transportation conformity Motor Vehicle Emission Budget (MVEB). The MVEB for transportation conformity purposes for the Walworth County area are now: 5.39 tons per day of VOC emissions and 7.20 tons per day of oxides of nitrogen emissions for the year 2007. This approval only changes the VOC transportation conformity MVEB for Walworth County. (o) Approval—On December 11, 1997, Wisconsin submitted a post-1996 Rate Of Progress plan for the Milwaukee-Racine ozone nonattainment area as a requested revision to the Wisconsin State Implementation Plan. Supplements to the December 11, 1997 plan were submitted on August 5, 1999, January 31, 2000, March 3, 2000, and February 21, 2001 establishing the post-1996 ROP plan for the Milwaukee-Racine ozone nonattainment area. This plan reduces ozone precursor emissions by 9 percent from 1990 baseline emissions by November 15, 1999. (p) Approval—On December 27, 2000, Wisconsin submitted a one-hour ozone attainment demonstration plan as a revision to the Wisconsin State Implementation Plan (SIP). Supplements to the December 27, 2001 plan were submitted on May 28, 2001, June 6, 2001, and August 29, 2001. This plan includes a modeled demonstration of attainment, rules for the reduction of ozone precursor emissions, a plan to reduce ozone precursor emissions by three percent per year from 2000 to 2007, an analysis of reasonably achievable control measures, an analysis of transportation conformity budgets, a revision of the waiver for emission of oxides of nitrogen, and commitments to conduct a mid-course review of the area's attainment status and to use the new MOBILE6 emissions model. (q) Approval—On January 28, 2003, the Wisconsin Department of Natural Resources submitted a request to redesignate Manitowoc and Door Counties to attainment. Additional information was submitted on February 5, 2003 and February 27, 2003. As part of the redesignation request, the State submitted a maintenance plan as required by section 175A of the Clean Air Act, as amended in 1990. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. The 2013 motor vehicle emission budgets for Door County are 0.74 tons of volatile organic compounds (VOC) per day and 1.17 tons of oxides of nitrogen (NOX) per day. The 2013 motor vehicle emission budgets for Manitowoc County are 1.89 tons of VOC per day and 3.59 tons of NOX per day. (r) Approval—On January 28, 2003, the Wisconsin Department of Natural Resources submitted a 1999 periodic emissions inventory for the Milwaukee-Racine area. Additional information was submitted on February 5, 2003 and February 27, 2003. The inventory meets the requirement of section 182(2)(3)(A) of the Clean Air Act as amended in 1990. (s) Approval—On January 31, 2003, Wisconsin submitted a revision to the ozone attainment plan for the Milwaukee severe ozone area and maintenance plan for Sheboygan County. These plans revised 2007 motor vehicle emission inventories and 2007 Motor Vehicle Emissions Budgets (MVEB) recalculated using the emissions factor model MOBILE6. The plan also included a new 2012 projected MVEB for the Sheboygan County. The following table outlines the MVEB for transportation conformity purposes for the Milwaukee severe ozone area and the Sheboygan ozone maintenance area: 2007 and 2012 Motor Vehicle Emissions Budgets ---------------------------------------------------------------------------------------------------------------- 2007 2012 Area --------------------------------------------------------------- VOC (tpd) NOX (tpd) VOC (tpd) NOX (tpd) ---------------------------------------------------------------------------------------------------------------- Milwaukee Severe Area........................... 32.20 71.40 na na Sheboygan Maintenance........................... 3.24 6.40 1.99 3.97 ---------------------------------------------------------------------------------------------------------------- na means not applicable (t) Approval—On January 28, 2003, Wisconsin submitted a request to update the ozone maintenance plan for Kewaunee County. Additional information was submitted on February 5, 2003 and February 27, 2003. As part of the request, the state submitted a maintenance plan as required by section 175A of the Clean Air Act, as amended in 1990. Elements of the section 175 maintenance plan include a contingency plan and Motor Vehicle Emissions Budgets (MVEB) for 2007 and 2012. The following table outlines the MVEB for transportation conformity purposes for the Kewaunee ozone maintenance area. Kewaunee Mobile Vehicle Emissions Budgets [Tons/day] ------------------------------------------------------------------------ Year VOC NOX ------------------------------------------------------------------------ 2007.................................................... 0.61 0.97 2012.................................................... 0.41 0.63 ------------------------------------------------------------------------ [54 FR 29557, July 13, 1989, as amended at 54 FR 34517, Aug. 21, 1989; 58 FR 34226, 34227, June 24, 1993; 59 FR 12853, Mar. 18, 1994; 59 FR 30705, June 15, 1994; 59 FR 42766, Aug. 19, 1994; 60 FR 22285, May 5, 1995; 60 FR 47089, Sept. 11, 1995; 61 FR 2438, Jan. 26, 1996; 61 FR 43675, Aug. 26, 1996; 61 FR 43972, Aug. 27, 1996; 62 FR 39448, July 23, 1997; 63 FR 5464, Feb. 3, 1998; 65 FR 64145, Oct. 26, 2000; 66 FR 51574, Oct. 10, 2001; 66 FR 56943, Nov. 13, 2001; 68 FR 18889, Apr. 17, 2003; 68 FR 36921, June 20, 2003; 69 FR 25839, May 10, 2004] § 52.2586 Small business stationary source technical and environmental compliance assistance program. top The Wisconsin small business stationary source technical and environmental compliance assistance program submitted on November 18, 1992 and January 21, 1993, satisfies the requirements of Section 507 of the Clean Air Act. [59 FR 40826, Aug. 10, 1994] § 52.2587 Wisconsin construction permit permanency revision. top This plan was originally submitted as Wis. Stat. 144.396 by Wisconsin on July 12, 1979 and approved into Wisconsin's SIP on June 25, 1986 (51 FR 23056). Wis. Stat. 144.396 was renumbered Wis. Stat. 285.66 in 1995 Wisconsin Act 227, effective January 1, 1997. On December 8, 2005, Wisconsin submitted for EPA approval into the Wisconsin SIP a revision to Wis. Stats. 285.66(l), as amended in 2005 Wisconsin Act 25, effective July 26, 2005. This revision makes all conditions in Wisconsin's construction permits permanent. EPA has determined that this statutory revision is approvable under the Act. [71 FR 9936, Feb. 28, 2006] Subpart ZZ—Wyoming top § 52.2620 Identification of plan. top (a) Title of plan: “Implementation Plan for Air Quality Control, State of Wyoming.” (b) The plan was officially submitted on January 26, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Compliance schedule information in three plants submitted March 28, 1972, by the Department of Health and Social Services (DHSS). (Non-regulatory.) (2) Procedural clarification to emergency episodes plan submitted May 3, 1972, by DHSS. (3) Particulate compliance schedules submitted February 9, 1973, by DHSS. (4) Emergency episode plan submitted February 27, 1973, by DHSS. (Non-regulatory). (5) Compliance schedules submitted on March 1, 1973, by DHSS. (6) Revision of Wyoming's Standards and Regulations (Chapter I, Section 1–20) submitted April 18, 1973, by DHSS. (7) Revision of particulate control strategy to require compliance with particulate standards not later than January 31, 1974, except where approved by EPA and compliance schedule portions of the plan submitted May 29, 1973, by DHSS. (8) Compliance schedule revisions, legal authority additions, update of Wyoming's Air Quality Standards and Regulations, non-regulatory source surveillance and new source review procedures submitted on August 7, 1974, by the Governor. (9) Legal authority additions and compliance schedule revisions submitted on February 19, 1976, by the Governor. (10) Requirements for continuous opacity monitoring by all fossil fuel fired steam generators with heat inputs in excess of 250 million Btu per hour and other miscellaneous revisions to the State regulations as submitted by the Air Quality Division (AQD) on May 9, 1978. (11) Provisions to meet the requirements of Parts C and D and sections 110, 126, and 127 of the Clean Air Act, as amended in 1977 were submitted on January 26, 1979. (12) A revision to Section 14 of the Wyoming Air Quality Standards and Regulations was submitted on July 18, 1980, and October 27, 1980. (13) On August 26, 1981 and August 27, 1981, Wyoming submitted revisions to the requirements for Prevention of Significant Deterioration, the Air Quality Monitoring Plan, revisions to the Emergency Episode Contingency Plan, and revisions to stationary source permitting regulations. (14) Revisions to the new source permit requirements in Sections 21 and 24 of the Wyoming regulations were submitted on April 30, 1981, and February 8, 1982. (15) On August 30, 1984, the State of Wyoming submitted a plan revision for lead. (16) Revisions to the new source permit requirements in sections 21 and 24 of the Wyoming regulation for visibility protection were submitted on April 12, 1985. (i) Incorporation by reference. (A) Letter from Randolph Wood, Administrator, Wyoming Air Quality Division, dated April 12, 1985, submitting the Wyoming Visibility SIP and Regulations. (B)(1) Wyoming Air Quality Standards and Regulations (WAQSR), Section 21.n. (1) and (2) adopted on January 22, 1985. (2) WAQSR, Section 24.b.(1)(f) adopted on January 22, 1985. (3) WAQSR, Section 24.b.(6) (a) and (b) revised and adopted on January 22, 1985. (17) A revision to the SIP was submitted by the Administrator of the Wyoming Air Quality Division on September 6, 1988, for visibility general plan requirements, monitoring, and long-term strategies. (i) Incorporation by reference. (A) Letter dated September 6, 1988, Charles A. Collins, Administrator of the Wyoming Air Quality Division, submitting a SIP revision for visibility protection. (B) The SIP revision for visibility protection, “Section 28 Visibility” of the Wyoming Air Quality Standards and Regulations, and “Wyoming State Implementation Plan for Class I Visibility Protection” was adopted by the Wyoming Environmental Quality Council on March 23, 1988, and became effective on May 10, 1988. (18) On September 6, 1988, the Administrator of the Air Quality Division, as the Governor's designee, submitted a plan revising the stack height regulations, Wyoming Air Quality Standards and Regulations (WAQSR) section 21(d). (i) Incorporation by reference. (A) Revisions to the Wyoming Air Quality Standards and Regulation section 21(d), stack heights, were adopted and effective on May 10, 1988. (19) In a letter dated August 5, 1986, the Administrator of the Air Quality Division of Wyoming, submitted the stack height demonstration analysis. EPA is approving the demonstration analysis for all of the stacks. (i) Incorporation by reference. (A) Stack height demonstration analysis submitted by the State in a letter dated August 5, 1986. (20) A revision to the SIP was submitted by the Administrator of the Wyoming Air Quality Division on March 14, 1989, to address the Group III PM–10 SIP requirements and Group II PM–10 SIP requirements for Lander, Wyoming. (i) Incorporation by reference. (A) Amendments to the Wyoming Air Quality Standards and Regulations: section 2 (Definitions) (a)(xxx), section 3 (Ambient Standards for Particulate Matter) (a), section 20 (Air Pollution Emergency Episodes) (b)(ii), section 21 (Permit Requirements for Construction, Modification, and Operation) (c)(ii) and section 24 (Prevention of Significant Deterioration) (a)(xx)(A), (b)(i)(E)(VI)(1.)(c.)(f.)(h.) & (1.), (b)(iii), (b)(iv), (b)(viii), and (b)(xii)(D)(E)(F) & (G), effective February 13, 1989. (B) March 14, 1989 letter from Charles A. Collins, Administrator of the Wyoming Air Quality Division to James J. Scherer, EPA Region VIII Regional Administrator, identifying the effective date of the above regulation amendments. (21) On November 20, 1990, the Governor of Wyoming submitted revisions to the plan. The revisions include amendments to the prevention of significant deterioration of air quality (PSD) regulations to incorporate the nitrogen dioxide (NO2) increments, revisions to the new source review requirements and PSD regulations to make them federally enforceable, and revisions to the PSD regulations to allow establishment of multiple baseline areas which may have different baseline dates and different baseline concentrations. (i) Incorporation by reference. (A) Revisions to the Wyoming Air Quality Standards and Regulations, Section 2, Definitions, Section 21, Permit Requirements for Construction, Modification, and Operation, and Section 24, Prevention of Significant Deterioration, effective October 30, 1990. (ii) Additional material. (A) November 5, 1990, letter from Douglas Skie, EPA, to Charles A. Collins, Administrator, Air Quality Division, Wyoming Department of Environmental Quality. (22) On September 6, 1988, the Governor of Wyoming submitted revisions to Section 3 of the Wyoming Air Quality Standards and Regulations, adding subsection (d) which defines “ambient air” for surface coal mines located in Wyoming's Powder River Basin. (i) Incorporation by reference. (A) Revisions to Section 3(d) of the Wyoming Air Quality Standards and Regulations, effective June 5, 1987. (ii) Additional material. (A) Memorandum of Agreement signed on December 22, 1993 by Dennis Hemmer, Director, Department of Environmental Quality, State of Wyoming, and on January 24, 1994 by Patricia D. Hull, Director, Air, Radiation and Toxics Division, EPA Region VIII. (23) On November 1, 1993, the Governor of Wyoming submitted a plan for the establishment and implementation of a Small Business Assistance Program to be incorporated into the Wyoming State Implementation Plan as required by section 507 of the Clean air Act. (i) Incorporation by reference. (A) November 1, 1993, letter from the Governor of Wyoming submitting a Small Business Assistance Program plan to EPA. (B) The State of Wyoming plan for the establishment and implementation of a Small Business Assistance Program, adopted September 16, 1993, by the Wyoming Environmental Quality Council. (24) On August 28, 1989, the Governor of Wyoming submitted revisions to the Wyoming State implementation plan (SIP) for Sheridan, Wyoming. In addition to the original August 28 submittal, eight submittals containing information in response to EPA requests and to the new Clean Air Act Amendments were submitted. The August 28, 1989, submittal, in combination with the eight subsequent submittals, satisfy those moderate PM10 nonattainment SIP requirements due on November 15, 1991. Included in the August 28, 1989, submittal were PM10 contingency measures for Sheridan to satisfy the requirements of section 172(c)(9) of the Act that were due by November 15, 1993. (i) Incorporation by reference. (A) “The City of Sheridan, Air Quality Maintenance Plan,” including the Street Winter Maintenance Plan and the contingency plan calling for the use of deicing chemicals on downtown streets, adopted on February 21, 1989. (ii) Additional material. (A) Letter dated November 21, 1989, from the Wyoming Department of Environmental Quality to EPA which includes a memorandum dated November 15, 1989 from the Wyoming Attorney General's Office to the Wyoming Department of Environmental Quality; the memorandum includes Wyoming Statute 35–11–201. (25) On November 12, 1993, the Governor of Wyoming submitted revisions to the Wyoming State Implementation Plan (SIP). Specifically, the State submitted revisions to the Wyoming Air Quality Standards and Regulations (WAQSR), section 21 “Permit requirements for construction, modification and operation.” Among other things, these revisions were made to address the non-attainment New Source Review (NSR) provisions of part D of the Act for PM10 nonattainment areas, which were due to EPA on June 30, 1992. (i) Incorporation by reference. (A) The following subsections of section 21 of the Wyoming Air Quality Standards and Regulations “Permit requirements for construction, modification and operation,” adopted on September 16, 1993 and effective October 26, 1993: subsections (a)(ii), (a)(iii), (a)(v), (c)(ii)(B), (k)(vii) and (o). (ii) Additional material. (A) Letter from Mary A. Throne, Assistant Attorney General, to the Governor of Wyoming, dated October 1, 1993, documenting the necessary legal authority under state law to adopt and implement the revised regulation. (26) On March 14, 1995, the Governor of Wyoming submitted revisions to the prevention of significant deterioration permitting regulations in Section 24 of the Wyoming Air Quality Standards to incorporate changes in the Federal PSD permitting regulations for utility pollution control projects, PM–10 increments, and to make other minor changes. (i) Incorporation by reference. (A) Revisions to Section 24 of the Wyoming Air Quality Standards, subsections (a)(ix)(B), (a)(x)(H)–(K), (a)(xii)(D), (a)(xv), (a)(xix)(D) and (E), (a)(xxviii)–(xxxv), (b)(i)(A)(I), (b)(i)(E)(VI)(1), (b)(viii), and (b)(xii)(I), effective 2/13/95. (27) On September 15, 1982, the Administrator of the Wyoming Air Quality Division submitted clarifications and revisions to the particulate matter control requirements of Section 25 of the Wyoming Air Quality Standards and Regulations (WAQSR) for FMC Corporation in the Trona Industrial Area. In addition, on May 16, 1985, the Administrator of the Wyoming Air Quality Division submitted revisions to the construction permitting requirements in Section 21 of the WAQSR to specify guidelines for best available control technology for new large mining operations. The Governor of Wyoming submitted revisions to Section 21 of the WAQSR, “Permit requirements for construction, modification, and operation,” on November 12, 1993. Last, the Governor of Wyoming submitted revisions to Section 24 of the WAQSR, “Prevention of Significant Deterioration,” on March 14, 1995. (i) Incorporation by reference. (A) Revisions to Section 25 of the WAQSR, “Sweetwater County Non-Attainment Area Particulate Matter Regulations,” subsection c.(2), effective September 13, 1982. (B) Revisions to Section 21 of the WAQSR, “Permit requirements for construction, modification, and operation,” subsection c.(5), effective May 10, 1985. (C) Revisions to Section 21 of the WAQSR, “Permit requirements for construction, modification, and operation,” subsection (a)(iv), effective October 26, 1993. (D) Revisions to Section 24 of the WAQSR, “Prevention of Significant Deterioration,” subsections (a)(xix), (b)(iv), and (b)(xii)(H), effective February 13, 1995. (28) On March 14, 1995, the Governor of Wyoming submitted revisions to the SIP that incorporate the General Conformity requirements of 40 CFR part 93, Subpart B into State regulation. (i) Incorporation by reference. (A) Section 32 of the Wyoming Air Quality Standards, “Conformity of General Federal Actions to State Implementation Plans,” effective February 13, 1995. (29) The Governor of Wyoming submitted revisions to sections 2, 4, 5, 8, 9, 10, 14, and 21 of the Wyoming Air Quality Standards and Regulations (WAQSR) on May 21, 1999. (i) Incorporation by reference. (A) Revisions to the WAQSR, section 2 Definitions, subsection 2(a)(xxx)(B) excluding the words “or an equivalent or alternative method approved by the Administrator,” effective October 15, 1998. (B) Revisions to the WAQSR, section 4 Sulfur oxides, subsection 4(h) excluding the words “or an equivalent method,” effective October 15, 1998. (C) Revisions to the WAQSR, section 5 Sulfuric acid mist excluding the words “or an equivalent method,” effective October 15, 1998. (D) Revisions to the WAQSR, section 8 Ozone, effective October 15, 1998. (E) Revisions to the WAQSR, section 9 Volatile organic compounds, effective October 15, 1998. (F) Revisions to the WAQSR, section 10 Nitrogen oxides, subsections 10(b), 10(b)(vii), 10(b)(viii), and 10(b)(ix), excluding the words “or by an equivalent method” in subsection 10(b), effective October 15, 1998. (G) Revisions to the WAQSR, section 14 Control of particulate emissions, subsection 14(h)(iv) excluding the sentence, “Provided that the Administrator may require that variations to said methods be included or that entirely different methods be utilized if he determines that such variations or different methods are necessary in order for the test data to reflect the actual emission rate of particulate matter,” effective October 15, 1998. (H) Revisions to the WAQSR, section 21 Permit requirements for construction, modification and operation, subsections 21(a)(vi) and 21(h), effective October 15, 1998. (ii) Additional material. (A) September 1, 1998 letter from Dan Olson, Administrator, Wyoming Air Quality Division, to Richard R. Long, Director, Air and Radiation Program, EPA Region 8. (B) June 23, 2000 letter from Dan Olson, Administrator, Wyoming Air Quality Division, to Richard R. Long, Program Manager, Air and Radiation, EPA Region VIII. (30) On September 12, 2003, the Governor of Wyoming submitted a revision to the State Implementation Plan. The revision restructures the Wyoming Air Quality Standards and Regulations (WAQS&R) from a single chapter into thirteen separate chapters and renumbers the provisions within each chapter. The submitted revision contains no substantive changes to the existing SIP-approved regulations. The provisions listed in paragraph (c)(30)(i)(A) are approved into the SIP and supersede and replace the prior codification of the corresponding provisions of the SIP. (i) Incorporation by reference. (A) Wyoming Air Quality Standards and Regulations: Chapter 1: Section 2—Authority, Section 3—Definitions, Section 4—Diluting and concealing emissions, Section 5—Abnormal conditions and equipment malfunction; Chapter 2: Section 2—Ambient standards for particulate matter, paragraphs 2(a) and 2(c) only, Section 3—Ambient standards for nitrogen oxides, Section 4—Ambient standards for sulfur oxides, Section 5—Ambient standards for carbon monoxide, Section 6—Ambient standards for ozone, Section 8—Ambient standard for suspended sulfates, Section 10—Ambient standards for lead; Chapter 3: Section 2—Emission standards for particulate matter, Section 3—Emission standards for nitrogen oxides, Section 4—Emission standards for sulfur oxides, Section 5—Emission standards for carbon monoxide, Section 6—Emission standards for volatile organic compounds; Chapter 4: Section 2—Existing sulfuric acid production units, Section 3—Existing nitric acid manufacturing plants; Chapter 6: Section 2—Permit requirements for construction, modification and operation, Section 4—Prevention of significant deterioration; Chapter 7: Section 2—Continuous monitoring requirements for existing sources; Chapter 8: Section 2—Sweetwater County particulate matter regulations, Section 3—Conformity of general federal actions to state implementation plans; Chapter 9: Section 2—Visibility; Chapter 10: Section 2—Open burning restrictions, Section 3—Wood waste burners; Chapter 12: Section 2—Air pollution emergency episodes; Chapter 13: Section 2—Motor vehicle pollution control; all adopted September 13, 1999 and effective October 29, 1999. (ii) Additional Material. (A) Remainder of the September 12, 2003 State submittal. (B) January 12, 2004 letter from Dan Olson, Wyoming Department of Environmental Quality (DEQ), to Richard Long, EPA Region VIII, to address typographical errors and incorrect cross references identified in the September 12, 2003 submittal. (C) March 22, 2004 letter from Richard Long, EPA Region VIII, to John Corra, Wyoming DEQ, requesting clarification on the State's commitment to submit substantive SIP revisions following EPA's approval of the restructured and renumbered WAQS&R provisions. In this letter, EPA also asked DEQ to indicate time frames in which DEQ would submit substantive SIP revisions. (D) March 29, 2004 letter from John Corra, Wyoming DEQ, to Richard Long, EPA Region VIII, addressing the concerns expressed in Mr. Long's March 22, 2004 letter. [37 FR 10903, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.2620, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.2621 Classification of regions. top The Wyoming plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Cheyenne Intrastate.................................. II III III III III Casper Intrastate.................................... II III III III III Wyoming Intrastate................................... III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10904, May 31, 1972] § 52.2622 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Wyoming's plans as meeting the requirements of section 110 of the Clean Air Act, as amended in 1977. Furthermore, the Administrator finds that the plans satisfy the requirements of Part D, Title I, of the Clean Air Act. [44 FR 38475, July 2, 1979] §§ 52.2623-52.2624 [Reserved] top § 52.2625 Compliance schedules. top (a) The compliance schedules for the sources identified below are approved as meeting the requirements of Subpart N of this chapter. All regulations cited are found in the “Wyoming Air Quality Standards and Regulations, 1975.” Wyoming -------------------------------------------------------------------------------------------------------------------------------------------------------- Source Location Regulations involved Date of adoption Effective date Final compliance date -------------------------------------------------------------------------------------------------------------------------------------------------------- Pacific Power & Light.......... Glenrock.............. 14 (b), (e), (h)...... Feb. 26, 1973........ Immediately.......... Sept. 1, 1976. Montana-Dakota Utilities........... Sheridan.............. 14 (b), (e), (h)...... ......do............. ......do............. Dec. 31, 1976. Utah Power & Light............. Kemmerer.............. 14 (b), (e), (h)...... ......do............. ......do............. Do. Black Hills Power & Light...... Wyodak................ 14 (b), (e), (h)...... ......do............. ......do............. May 1, 1978. Do................................ Osage................. 14 (b), (e)........... ......do............. ......do............. May 15, 1977. American Oil....................... Casper................ 14 (b), (e), (h)...... Jan. 26, 1973........ ......do............. Jan. 31, 1974. Basins Engineering................. Wheatland............. 14 (b), (e), (f), (g). June 6, 1974......... ......do............. Apr. 5, 1974. Stauffer Chemical Co............... Green River........... 14 (b), (e), (f), (g). ......do............. ......do............. Oct. 31, 1973. Do................................ Leefe................. 14 (b), (e), (f), (g). Feb. 26, 1973........ ......do............. Nov. 1, 1976. Barold Division of National Lead... Osage................. 14 (b), (e), (f), (g). Jan. 26, 1973........ ......do............. Dec. 31, 1975. Do................................ Colony................ 14 (b), (e), (f), (g). June 6, 1973......... ......do............. Mar. 1, 1974. Holly Sugar........................ Torrington............ 14 (b), (e), (f), (g). ......do............. ......do............. Oct. 31, 1976. Do................................ Worland............... 14 (b), (d), (f), (g). ......do............. ......do............. Do. Reeves Concrete.................... Gillette.............. 14 (b), (e), (f), (g). Jan. 26, 1973........ ......do............. Dec. 1, 1973. Do................................ Sheridan.............. 14 (b), (e), (f), (g). ......do............. ......do............. Do. Do................................ Buffalo............... 14 (b), (e), (f), (g). ......do............. ......do............. Do. American Colloid................... Lovell................ 14 (b), (e), (f), (g). June 6, 1974......... ......do............. Apr, 30, 1974. Star Valley Swiss Cheese........... Thayne................ 14 (b), (e), (h)...... Jan. 26, 1973........ ......do............. Dec. 31, 1973. Sheridan Commercial................ Sheridan.............. 14 (b), (e), (f), (g). ......do............. ......do............. Do. Federal Bentonite.................. Upton................. 14 (b), (e), (f), (g). June 6, 1973......... ......do............. June 30, 1974. Do................................ Lovell................ 14 (b), (e), (f), (g). ......do............. ......do............. Do. Wyo-Ben Products................... Greybull.............. 14 (b), (e), (f), (g). Jan. 26, 1973........ ......do............. Jan. 30, 1974. Do................................ Lovell................ 14 (b), (e), (f), (g). June 6, 1974......... ......do............. Do. FMC................................ Kemmerer.............. 14 (e), (f), (g), (i). Jan. 26, 1973........ ......do............. Dec. 31, 1976. Do................................ Green River........... 14 (b), (e), (f), (g). June 6, 1974......... ......do............. Oct. 31, 1974. Gunn-Quealy Coal................... Rock Springs.......... 14 (b), (e), (f), (g). ......do............. ......do............. Mar. 31, 1974. Allied Chemical.................... Green River........... 14 (b), (e), (f), (g). ......do............. ......do............. Aug. 1, 1976. IMC Corp........................... Colony................ 14 (b), (e), (f), (g). ......do............. ......do............. Oct. 31, 1974. Wyodak Resources Develop........... Gillette.............. 14 (b), (e), (f), (g). ......do............. ......do............. Feb. 28, 1974. Church and Dwight.................. Green River........... 14 (b), (e), (f), (g). ......do............. ......do............. Nov. 1, 1973. Wycon Chemical..................... Cheyenne.............. 14 (b), (e), (f), (g). Sept. 11, 1975....... ......do............. June 1, 1976. Dresser Minerals................... Greybull.............. 14 (b), (e), (f), (g). ......do............. ......do............. Feb. 15, 1976. Town of Byron...................... Byron................. 13.................... Jan. 26, 1973........ ......do............. July 1, 1974. Town of Chugwater.................. Chugwater............. 13.................... ......do............. ......do............. Do. Town of Cowley..................... Cowley................ 13.................... ......do............. ......do............. Do. Town of Lovell..................... Lovell................ 13.................... May 24, 1973......... ......do............. Do. Big Horn County.................... Big Horn County....... 13.................... Jan. 26, 1973........ ......do............. Do. -------------------------------------------------------------------------------------------------------------------------------------------------------- [41 FR 36653, Aug. 31, 1976, as amended at 51 FR 40676, Nov. 7, 1986] §§ 52.2626-52.2629 [Reserved] top § 52.2630 Prevention of significant deterioration of air quality. top (a) The Wyoming plan, as submitted, is approved as meeting the requirements of Part C of the Clean Air Act except that designation of the Savage Run Wilderness Area, as established in Pub. L. 95–237, from Class II to Class I is disapproved. (b) Regulation for preventing significant deterioration of air quality. The Wyoming plan, as submitted, does not apply to certain sources in the State. Therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the State implementation plan for the State of Wyoming and are applicable to the following proposed major stationary sources or major modifications: (1) Sources proposing to construct on Indian Reservations in Wyoming; and (2) Sources that received an air quality permit from the Wyoming State Department of Environmental Quality prior to September 6, 1979. (c) The State of Wyoming has clarified the generalized language contained in section 24 of the Wyoming Air Quality Standards and Regulations on the use of the “Guidelines for Air Quality Models.” In a letter to Douglas M. Skie, EPA, dated May 18, 1989, Charles A. Collins, Administrator of the Air Quality Divisions stated: * * * The Division, will, as a matter of practice, utilize the “Guideline on Air Quality Models” as revised, including Supplement A, in all PSD permit application reviews. The Division will utilize any future revisions to the Guideline in PSD permitting reviews as revisions become effective. [44 FR 51979, Sept. 6, 1979, as amended at 54 FR 27881, July 3, 1989; 68 FR 11324, Mar. 10, 2003; 68 FR 74491, Dec. 24, 2003] § 52.2631 [Reserved] top § 52.2632 Visibility protection. [Reserved] top § 52.2633 Stack height regulations. top In a letter dated December 9, 1988, to Douglas M. Skie, EPA, from Charles A. Collins, Administrator of The Air Quality Division, the State committed to conduct stack height evaluations in accordance with the “Guideline for Determination of Good Engineering Practice Stack Height (Technical Support Document for the Stack Height Regulations)”, EPA 450/4–80–023R, June 1985. [54 FR 11188, Mar. 17, 1989] § 52.2634 Correction of approved plan. top The following rules of the Wyoming Air Quality Standards and Regulations have been removed from the approved plan pursuant to section 110(k)(6) of the Clean Air Act (as amended in 1990): Section 7, Hydrogen Sulfide; Section 11, Fluorides; and Section 16, Odors. [61 FR 47059, Sept. 6, 1996] Subpart AAA—Guam top § 52.2670 Identification of plan. top Link to an amendment published at 71 FR 9719, Feb. 27, 2006. (a) Purpose and scope. This section sets forth the applicable State implementation plan for Guam under section 110 of the Clean Air Act, 42 U.S.C. 7401–7671q and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to January 1, 2005, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after January 1, 2005, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region IX certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of January 1, 2005. (3) Copies of the materials incorporated by reference may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. Table 52.2670_EPA Approved Territory of Guam Regulations ---------------------------------------------------------------------------------------------------------------- Effective State citation Title/subject date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Air Pollution Control Standards Table of Contents..... 8/8/1973 12/19/1978 43 FR ................... and Regulations. 48638. Chapter 01....................... Definitions (1.1-1.17, 8/24/79 05/12/81, 46 FR ................... 1.20-1.43). 26303. Chapter 02.1-02.2................ Ambient Air Quality 8/8/73 12/19/78, 43 FR ................... Standards. 48638. Chapter 02.3-02.4................ Ambient Air Quality 1/13/72 5/31/72, 37 FR ................... Standards. 10842. Chapter 03.01-03.09.............. Permits Required, etc. 8/24/79 5/12/81, 46 FR ................... 26303. Chapter 03.10, 3.11 and 03.13.... Responsibility of the 8/08/73 12/19/78, 43 FR ................... Permit Holder, etc. 48638. (for complex sources only). Chapter 04.1-04.4................ Monitoring, Records 8/24/79 5/12/81, 46 FR ................... and Reporting. 26303. Chapter 05.1-05.2................ Sampling and Testing 1/13/72 5/31/72, 37 FR ................... Methods. 10842. Chapter 05.3..................... Sampling and Testing 8/24/79 5/12/81, 46 FR ................... Methods. 26303. Chapter 06.1..................... Control of Open 1/13/72 5/31/72, 37 FR ................... Burning. 10842. Chapter 06.2..................... Exceptions............ 8/24/79 5/12/81, 46 FR ................... 26303. Chapter 06.3..................... Outdoor Cooking Waiver 1/13/72 5/31/72, 37 FR ................... 10842. Chapter 07.1..................... Control of Particulate 8/24/79 5/12/81, 46 FR ................... Emissions from 26303. Process Industries. Chapter 07.2-07.3................ Process Weight........ 8/08/73 12/19/78, 43 FR ................... 48638. Chapter 07.4-07.5................ Process Weight Table.. 8/24/79 5/12/81, 46 FR ................... 26303. Chapter 08.1-08.2................ Control of Fugitive 8/08/73 12/19/78, 43 FR ................... Dust. 48638. Chapter 08.3-08.6................ Specific Requirements. 8/24/79 5/12/81, 46 FR ................... 26303. Chapter 08.8-08.9................ Compliance Schedule... 8/08/73 12/19/78, 43 FR ................... 48638. Chapter 09.1-09.9................ Control of Particulate 1/13/72 5/31/72, 37 FR ................... Emission from 10842. Incinerator; Design and Operation. Chapter 10.1-10.2................ Control of Visible 8/24/79 5/12/81, 46 FR ................... Emission of 26303. Particulates for Stationary Sources. Chapter 11.1-11.3................ Control of Odors in 1/13/72 5/31/72, 37 FR ................... Ambient Air. 10842. Chapter 12.1; 12.2 & 12.4.... Air Pollution 8/24/79 5/12/81, 46 FR ................... Emergencies. 26303. Chapter 13.1..................... Control of Sulfur 8/24/79 5/12/81, 46 FR For All Sources Dioxide Emissions. 26303. except Tanguisson Power Plant. Chapter 13.1..................... Addendum to 13.1...... 1/28/80 5/12/81, 46 FR Compliance Order 26303. for Inductance. Chapter 13.2..................... Control of Sulfur 1/13/72 5/31/72, 37 FR For Tanguisson Dioxide Emissions. 10842. Power Plant only. Chapter 13.3 & 13.4.......... Control of Sulfur 8/24/79 3/06/80, 45 FR ................... Dioxide Emissions. 14559. Chapter 14.1-14.7................ Motor Vehicle 8/24/79 5/12/81, 46 FR ................... Pollution Control. 26303. Chapter 17.1-17.4................ Appeal Procedures, 12/11/81 9/30/82, 47 FR ................... Circumvention, 43054. Severability, and Effective Date. ---------------------------------------------------------------------------------------------------------------- (d) EPA approved State source specific requirements. ---------------------------------------------------------------------------------------------------------------- Name of source Permit no. Effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- none............................ .................. ---------------------------------------------------------------------------------------------------------------- (e) [Reserved] [70 FR 20475, Apr. 20, 2005; 70 FR 21496, Apr. 26, 2005] § 52.2671 Classification of regions. top The Guam plan was evaluated on the basis of the following classifications. ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Guam................................................. III II III III III ---------------------------------------------------------------------------------------------------------------- § 52.2672 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Guam's plan for the attainment and maintenance of the National Standards. [46 FR 25303, May 6, 1981] § 52.2673 Original identification of plan. top (a) This section identified the original “Implementation Plan for Compliance With the Ambient Air Quality Standards for the Territory of Guam” and all revisions submitted by the Territory of Guam that were federally approved prior to January 1, 2005. (b) The plan was officially submitted on January 25, 1972. (c) The plan revision listed below was submitted on the date specified. (1) Revised implementation plan submitted on August 14, 1973, by the Governor. Section I—Public hearing. Section II—Introduction. Section III—Legal authority (narrative). Section IV—Ambient air quality standards and air pollution control regulations (narrative). Section V—Emissions inventory. Section VI—Air quality data. Section VIII (B and C)—Control strategies. Section IX—Complex sources (narrative). Section X—Air quality surveillance network (narrative). Section XI—Source surveillance system (narrative). Section XIII—Compliance schedule. Section XV—Resources. Section XVI—Intergovernmental cooperation (narrative). Appendix A—Notice and minutes of public hearing. Appendix C—Pub. L. 11–191 (enacted on December 7, 1972). Appendix E (Regulations): Chapter 1, Definitions: 1.1–1.8, 1.10–1.14, 1.16, 1.19, and 1.21–1.32. Chapter 2, Ambient Air Quality Standards: 2.1 and 2.2. Chapter 3, Permits (for complex sources only): 3.1–3.13. Chapter 4, Monitoring, Records, and Reporting: 4.2, and 4.4. Chapter 5, Sampling and Testing: 5.3. Chapter 6, Control of Open Burning: 6.2(g)(1–3). Chapter 7, Control of Particulate Emission from Process Industries: 7.1–7.4 (7.1 and 7.6 deleted without replacement). Chapter 8, Control of Fugitive Dust: 8.1–8.9. Chapter 10, Control of Visible Emissions: 10.1(b) and the deletion of 10.1(c). Chapter 14, Motor Vehicle Pollution Controls: 14.1–14.7. Chapter 15, Appeal Procedures, Circumvention, Severability, and Effective Date: 15.1–15.4 Appendix F—Summary of air quality data. Appendix G—Steam powerplant parameters. Appendix H—Diffusion model computer printout. Appendix J—Minutes and letters of public hearing on compliance schedules. Appendix K—Emissions inventory data. (2) Amendments to the Guam Air Pollution Control Standards and Regulation submitted on October 12, 1979 by the Governor's designee. (i) Chapter 13—Control of Sulfur Dioxide Emission, 13.3, 13.4. (ii) Deleted without replacement Rule 13.3 (submitted January 25, 1972). (iii) Chapters 1 (except 1.18 and 1.19), 4, 10, 12 and 14; Rules 3.1–3.9, 5.3, 6.2, 7.1, 7.4, 7.5, 8.3–8.7, 13.1, 13.2 and 18.1–18.4; and deletion of Rules 3.12, 3.17 and 12.3. (3) Amendments to the Guam Air Pollution Control Standards and Regulations submitted on April 1, 1980 by the Governor's designee. (i) Addendum to 13.1—Compliance Order for the Guam Power Authority's Power Barge “Inductance”. (4) Amendments to the Guam Air Pollution Control Standards and Regulations submitted on January 6, 1982 by the Governor's designee. (i) Chapter 17—Appeals Procedures, Circumvention, Severability, and Effective Date. (5) Amendments to the Guam Air Pollution Control Standards and Regulations submitted on June 30, 1982 by the Governor's designee. (i) “Territory of Guam NAP for SO2,” consisting of the narrative or Control Strategy portion of the Piti NAP; Addendum B, “Preliminary Results of SO2 Dispersion Modeling;” and “Official Report of Public Hearing.” The remaining portions of the addenda are for informational purposes only. Editorial Note: At 50 FR 2820, Jan. 22, 1985, the following paragraph (c)(5) was added to §52.2670. Redesignated as §52.2673, at 70 FR 20475, Apr. 20, 2005. (5) Amendments to the Guam Air Pollution Standards and Regulations submitted on May 22, 1984. (i) Section X. Air Quality Surveillance Network. (6) The following amendments to the plan were submitted on November 24, 1982, by the Governor. (i) Negative declaration indicating no Lead Sources in Guam. [37 FR 10904, May 31, 1972, as amended at 41 FR 8968, Mar. 2, 1976; 43 FR 48639, Oct. 19, 1978; 43 FR 59067, Dec. 19, 1978; 45 FR 14560, Mar. 6, 1980; 46 FR 26303, May 12, 1981; 47 FR 43054, Sept. 30, 1982; 49 FR 20496, May 15, 1984; 50 FR 2820, Jan. 22, 1985; 50 FR 32698, Aug. 14, 1985. Redesignated and amended at 70 FR 20475, Apr. 20, 2005] §§ 52.2674-52.2675 [Reserved] top § 52.2676 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Guam. [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11325, Mar. 10, 2003; 68 FR 74491, Dec. 24, 2003] § 52.2677 [Reserved] top § 52.2678 Control strategy and regulations: Particulate matter. top (a) The requirements of §51.110(a) and subpart G of this chapter are not met since the plan does not provide for the attainment and maintenance of the national standards. (b) Chapter 6, Regulations 6.2(g)(1–3) of the “Guam Air Pollution Control Standards and Regulations” (control of open burning—agricultural crops) are disapproved since they do not provide criteria upon which to base the approval or denial of permit requests. (c) The following rules are disapproved because they could allow an emissions increase, and a control strategy demonstration has not been submitted showing that any increased emissions would not interfere with the attainment or maintenance of the NAAQS. (1) Rule 8.7, submitted on October 12, 1979. [43 FR 59067, Dec. 19, 1978, as amended at 46 FR 26303, May 12, 1981; 51 FR 40676, Nov. 7, 1986] § 52.2679 Control strategy and regulations: Sulfur dioxide. top (a) Approvals of the following rules are limited to specific sources, since a control strategy demonstration has not been submitted showing that any increased emissions would not interfere with the attainment or maintenance of the NAAQS. (1) Rule 13.1, submitted on October 12, 1979, for all applicable sources except the Tanguisson Power Plant. (2) Rule 13.2, submitted on January 25, 1972, for the Tanguisson Power Plant. (b) The following rules are disapproved because they are inconsistent with section 123(a)(2) of the Clean Air Act which requires continuous control strategies. (1) Rule 13.2, submitted on October 12, 1979. [46 FR 26304, May 6, 1981] §§ 52.2680-52.2681 [Reserved] top § 52.2682 Air quality surveillance. top (a) The requirements of §51.27(a)(2) of this chapter as of December 19, 1978 (43 FR 59067), are not met. In addition, Chapter 1, Regulation 1.8 and Chapter 5, Regulation 5.3 of the “Guam Air Pollution Control Standards and Regulations” (buffer zones—air quality sampling) are not in conformance with the intent of the Clean Air Act and the definition of “ambient air” promulgated at §50.1(e) of this chapter. Regulations 1.8 and 5.3 are disapproved because they could prohibit ambient air quality sampling at places of expected maximum concentration and/or at places where the public has access. [43 FR 59067, Dec. 19, 1978, as amended at 51 FR 40677, Nov. 7, 1986] § 52.2683 [Reserved] top § 52.2684 Source surveillance. top (a) The requirements of §51.214 and Appendix P of this chapter are not met since the plan does not contain sufficient regulations pertaining to continuous in-stack monitoring. [43 FR 59067, Dec. 19, 1978, as amended at 51 FR 40677, Nov. 7, 1986] § 52.2685 [Reserved] top § 52.2686 Upset-breakdown reporting. top (a) Chapter 4, Regulation 4.4 of the “Guam Air Pollution Control Standards and Regulations” (reporting of upsets and breakdowns) is disapproved since criteria for further enforcement action are not specified, thus permitting the Guam Administratorunlimited discretion. [43 FR 59067, Dec. 19, 1978] Subpart BBB—Puerto Rico top § 52.2720 Identification of plan. top (a) Title of plan: “Clean Air for Puerto Rico.” (b) The plan was submitted on January 31, 1972. (c) The plan revisions listed below were submitted on the date specified. (1) Compliance schedules submitted on April 5, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board. (2) Compliance schedules submitted on April 9, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board. (3) Compliance schedules submitted on April 17, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board. (4) Compliance schedules submitted on May 30, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board. (5) Compliance schedules submitted on June 18, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board. (6) Compliance schedules submitted on September 10, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board. (7) Compliance schedules submitted December 6, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board. (8) Information on procedures followed in adoption of compliance schedules submitted on February 1, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board. (9) Compliance schedules submitted February 7, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board. (10) Compliance schedules submitted February 7, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board. (11) Information on procedures followed in adoption of compliance schedules submitted on February 12, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board. (12) Information on procedures followed in adoption of compliance schedules submitted on March 13, 1974, by the Puerto Rico Environmental Quality Board. (13) Information on procedures followed in adoption of compliance schedules submitted on March 15, 1974, by the Puerto Rico Environmental Quality Board. (14) Information on procedures followed in adoption of compliance schedules submitted on March 20, 1974, by the Puerto Rico Environmental Quality Board. (15) AQMA designations were submitted on May 5, 1974, by the Governor of Puerto Rico. (16) Compliance schedules submitted June 11, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board. (17) Compliance schedules submitted on September 6, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board. (18) Revised Article 6 (Control of Sulfur Compound Emissions) was submitted on January 3, 1975, by the Governor of Puerto Rico. (19) Public hearing information regarding revised Article 6 was submitted on January 17, 1975, by the Executive Director of the Environmental Quality Board. (20) Information regarding Guayanilla and Aguirre Air Basins was submitted on February 14, 1975, by the Environmental Quality Board. (21) Emission limitation for one source in the Ponce Air Basin was submitted on March 26, 1976, by the Environmental Quality Board. (22) Predicted SO2 concentrations for Aguirre Air Basin was submitted on May 8, 1975, by the Environmental Quality Board. (23) Additional information regarding revised Article 6 was submitted on May 15, 1975, by the Environmental Quality Board. (24) Predicted SO2 ambient concentrations for Barceloneta and Ensenada submitted on June 2, 1975, by the Environmental Quality Board. (25) Predicted SO2 ambient concentrations for Barceloneta and Ensenada submitted on January 8, 1976, by the Environmental Quality Board. (26) A document entitled, “Clean Air for Puerto Rico,” submitted, pursuant to requirements of Part D of the Clean Air Act, on June 29, 1979 by the Governor of the Commonwealth of Puerto Rico. (27) Supplementary submittals of SIP revision material from the Puerto Rico Environmental Quality Board, dated: (i) October 30, 1979, containing policy statements of EQB with regard to: Its objective to attain both the primary and secondary particulate matter air quality standards by December 31, 1982, assurances with regard to meeting the requirements of reasonable further progress, verification of the detail of its annual reporting effort, clarification of the operation of its offset program and correction of the related inventory and graphical presentations. (ii) July 24, 1980, providing a comprehensive set of adopted regulations, entitled “Regulation for the Control of Atmospheric Pollution.” (iii) August 6, 1980, providing a commitment to submit “external offsets” as SIP revisions. (28) A submittal by the Puerto Rico Environmental Quality Board entitled, “Revised Provisions for SIP Air Quality Monitoring Plan,” April 1980. (29) Revision submitted by the Puerto Rico Environmental Quality Board on April 26, 1982, as modified by a July 8, 1982 letter, which grants a visible emissions standard variance to ovens “A” and “B” of the Owens-Illinois, Inc. Vega Alta plant. This variance remains in effect until November 2, 1985. (30) Revision submitted on March 3, 1981 by the Commonwealth of Puerto Rico's Environmental Quality Board which establishes fuel oil sulfur content limitations (known as “sulfur assignments”) applicable to the 110 sources. On October 20, 1983, 78 of these 110 sources had their sulfur assignments approved by EPA. (31) Revision submitted on May 30, 1984 by the Commonwealth of Puerto Rico's Environmental Quality Board which establishes fuel oil sulfur content limitations (known as “sulfur assignments”) applicable to the Bristol Alpha Corporation. (32) An Implementation Plan for attainment of the lead standard was submitted on September 28, 1984 by the Chairman of the Puerto Rico Environmental Quality Board. On December 12, 1984, the Chairman submitted a schedule for establishing a program to review new sources of lead. (33) Revision submitted by the Puerto Rico Environmental Quality Board on September 6, 1983, which grants a visible emissions variance from Commonwealth Rule 403, “Visible Emissions,” from 20 percent to 45 percent for the crude unit and from 20 percent to 35 percent for the hot oil/final lube unit located at the Yabucoa Sun Oil Company's plant in Yabucoa. (34) Revision submitted by the Puerto Rico Environmental Quality Board on December 31, 1986, which grants a visible emissions standard variance to Owen-Illinois, Inc. Vega Alta plant. (i) Incorporation by reference. Resolution and notification announcing a Certificate of Renewal to Commonwealth of Puerto Rico Law 403 of the Regulation for Control of Atmospheric Pollution; adopted on July 9, 1986. (ii) Additional material. Documents submitted on December 31, 1986 in support of the above resolution. (35) A revision submitted on November 14, 1993 by the Chairman of the Puerto Rico Environmental Quality Board (EQB) for the Municipality of Guaynabo. The submittal was made to satisfy those moderate PM10 nonattainment area SIP requirements due for the Municipality of Guaynabo as outlined in the Clean Air Act of 1990. (i) Incorporation by reference: (A) Regulations: (1) Amendments to Part I, Rule 102, “Definitions,” of the Puerto Rico Regulations for the Control of Atmospheric Pollution, effective April 2, 1994. (2) Amendments to Part II, Rule 201, “Location Approval,” Rule 202, “Air Quality Impact Analysis,” and Rule 203, “Permit to Construct a Source,” of the Puerto Rico Regulations for the Control of Atmospheric Pollution, effective April 2, 1994. (3) Amendments to Part IV, Rule 401, “Generic Prohibitions,” Rule 402, “Open Burning,” Rule 403, “Visible Emissions,” Rule 404, “Fugitive Dust,” and Rule 423, “Limitations for the Guaynabo PM10 Nonattainment Area,” of the Puerto Rico Regulations for the Control of Atmospheric Pollution, effective April 2, 1994. (B) Memoranda of Understanding (MOU): (1) MOU signed by the Chairman of EQB and the Executive Director of Puerto Rico Electrical Power Authority, San Juan plant, limiting the sulfur-in-fuel level, annual operation capacity, and requiring the submittal of monthly sampling reports of its fuel's sulfur content, effective January 31, 1994. (2) MOU signed by the Chairman of EQB and the Secretary of Puerto Rico Department of Transportation and Public Works and the Executive Director of the Highway Authority to maintain and control the reconstruction of existing roads and the construction of new roads, effective July 2, 1993. (3) MOU signed by the Chairman of EQB and the Mayor of the Municipality of Guaynabo to pave and maintain the streets, roads and parking areas located in the Municipality of Guaynabo, effective December 13, 1993. (4) MOU signed by the Chairman of EQB and the Executive Director of the Puerto Rico Port Authority to pave and maintain the streets, roads, and parking areas that lead into the port area in Puerto Nuevo, Guaynabo and San Juan, effective October 14, 1993. (36) Revisions to the Puerto Rico Regulations for the Control of Atmospheric Pollution (the Regulations) submitted on September 29, 1995 by the Puerto Rico Environmental Quality Board (EQB). (i) Incorporation by reference. (A) Regulations: (1) Amendments to Part I, “General Provisions”, Rules 102, 105, 106, 107, 109, 110, 111, 114, 117, and 121, effective September 28, 1995. (2) Amendments to Part II, “Approval and Permit”, Rules 201, 203, 204, 205, 206, and 209, effective September 28, 1995. (3) Amendments to Part III, “Variance”, Rule 301, effective September 28, 1995. (4) Amendments to Part IV, “Prohibitions”, Rules 401, 402, 403, 404, 405, 406, 408, 409, 410, 412, 413, 414, and 417, effective September 28, 1995. (5) Amendments to Part V, “Fees”, Rule 501, effective September 28, 1995. (ii) Additional information. (A) Request by EQB to remove Rules 411, 418, 419, 420 and 421 of Part IV, “Prohibitions” of the Regulations from the federally approved SIP dated September 29, 1995. (B) An October 4, 1996 letter from EQB to EPA requesting that EPA delay approval of Rules 112 and 211. [37 FR 10905, May 31, 1972, as amended at 41 FR 8968, Mar. 2, 1976; 41 FR 51017, Nov. 19, 1976; 45 FR 72658, Nov. 3, 1980; 46 FR 23417, Apr. 27, 1981; 48 FR 28271, June 21, 1983; 48 FR 48669, Oct, 20, 1983; 49 FR 38103, Sept. 27, 1984; 50 FR 7338, Feb. 22, 1985; 50 FR 15423, Apr. 18, 1985; 52 FR 38419, Oct. 16, 1987; 60 FR 28338, May 31, 1995; 62 FR 3213, Jan. 22, 1997] § 52.2721 Classification of regions. top The Puerto Rico plan was evaluated on the basis of the following classifications. ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- Puerto Rico.......................................... IA IA III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10905, May 31, 1972] § 52.2722 Approval status. top With the exceptions set forth in this subpart, the Administrator approves Puerto Rico's plans for the attainment and maintenance of national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title I, of the Clean Air Act, as amended in 1977. § 52.2723 EPA-approved Puerto Rico regulations. top Regulation for the Control of Atmospheric Pollution ---------------------------------------------------------------------------------------------------------------- Commonwealth Puerto Rico regulation effective date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- PART I, GENERAL PROVISIONS ---------------------------------------------------------------------------------------------------------------- Rule 101_Title.......................... 9/28/95 1/22/97; 62 FR 3213 .......................... Rule 102_Definitions.................... 9/28/95 ......do.................. .......................... Rule 103_Source Monitoring, 9/28/95 ......do.................. .......................... Recordkeeping, Reporting, Sampling and Testing Methods. Rule 104_Emission Data Available to 9/28/95 ......do.................. .......................... Public Participation. Rule 105_Malfunction.................... 9/28/95 ......do.................. .......................... Rule 106_Test Methods................... 9/28/95 ......do.................. .......................... Rule 107_Air Pollution Emergencies...... 9/28/95 ......do.................. .......................... Rule 108_Air Pollution Control Equipment 9/28/95 ......do.................. .......................... Rule 109_Notice of Violation............ 9/28/95 ......do.................. .......................... Rule 110_Revision of Applicable Rules 9/28/95 ......do.................. .......................... and Regulations. Rule 111_Applications, Hearings, Public 9/28/95 ......do.................. .......................... Notice. Rule 113_Closure of a Source............ 9/28/95 ......do.................. .......................... Rule 114_Compulsory and Optional Hearing 9/28/95 ......do.................. .......................... Rule 115_Punishment..................... 9/28/95 ......do.................. .......................... Rule 116_Public Nuisance................ 9/28/95 ......do.................. .......................... Rule 117_Overlapping or Contradictory 9/28/95 ......do.................. .......................... Provisions. Rule 118_Segregation and Combination of 9/28/95 ......do.................. .......................... Emissions. Rule 119_Derogation..................... 9/28/95 ......do.................. .......................... Rule 120_Separability Clause............ 9/28/95 ......do.................. .......................... Rule 121_Effectiveness.................. 9/28/95 ......do.................. .......................... ---------------------------------------------------------------------------------------------------------------- PART II, APPROVAL AND PERMIT ---------------------------------------------------------------------------------------------------------------- Rule 201_Location Approval.............. 9/28/95 ......do.................. .......................... Rule 202_Air Quality Impact Analysis.... 9/28/95 ......do.................. .......................... Rule 203_Permit to Construct a Source... 9/28/95 ......do.................. .......................... Rule 204_Permit to Operate a Source..... 9/28/95 ......do.................. .......................... Rule 205_Compliance Plan for Existing 9/28/95 ......do.................. .......................... Emission Sources. Rule 206_Exemptions..................... 9/28/95 ......do.................. .......................... Rule 207_Continuing Responsibility for 9/28/95 ......do.................. .......................... Compliance. Rule 208_Agricultural Burning Authorized 9/28/95 ......do.................. .......................... Rule 209_Modification of the Allowed 9/28/95 ......do.................. .......................... Sulfur-in-Fuel Percentage. Rule 210_(Reserved) Part III, ``Variance''. ---------------------------------------------------------------------------------------------------------------- PART III, VARIANCE ---------------------------------------------------------------------------------------------------------------- Rule 301_Variances Authorized........... 9/28/95 ......do.................. .......................... Rule 302_Emergency Variances............ 9/28/95 ......do.................. .......................... ---------------------------------------------------------------------------------------------------------------- PART IV, PROHIBITIONS ---------------------------------------------------------------------------------------------------------------- Rule 401_Generic Prohibitions........... 9/28/95 ......do.................. .......................... Rule 402_Open Burning................... 9/28/95 ......do.................. .......................... Rule 403_Visible Emissions.............. 9/28/95 ......do.................. .......................... Rule 404_Fugitive Emissions............. 9/28/95 ......do.................. .......................... Rule 405_Incineration................... 9/28/95 ......do.................. .......................... Rule 406_Fuel Burning Equipment......... 9/28/95 ......do.................. .......................... Rule 407_Process Sources................ 9/28/95 ......do.................. .......................... Rule 408_Asphaltic Concrete Batching 9/28/95 ......do.................. .......................... Plants. Rule 409_Non-Process Sources............ 9/28/95 ......do.................. .......................... Rule 410_Maximum Sulfur Content in Fuels 9/28/95 ......do.................. .......................... Rule 412_Sulfur Dioxide Emissions: 9/28/95 ......do.................. .......................... General. Rule 413_Sulfuric Acid Plants........... 9/28/95 ......do.................. .......................... Rule 414_Sulfur Recovery Plants......... 9/28/95 ......do.................. .......................... Rule 415_Non-Ferrous Smelters........... 9/28/95 ......do.................. .......................... Rule 416_Sulfite Pulp Mills............. 9/28/95 ......do.................. .......................... Rule 417_Storage of Volatile Organic 9/28/95 ......do.................. .......................... Compounds. Rule 423_Limitations for the Guaynabo 4/2/94 5/31/95; 60 FR 28333...... PM10 Nonattainment Area. ---------------------------------------------------------------------------------------------------------------- PART V, FEES ---------------------------------------------------------------------------------------------------------------- Rule 501_Permit Fees.................... 9/28/95 1/22/97; 62 FR 3213....... Rule 502_Excess Emission Fees........... 9/28/95 ......do.................. .......................... Rule 503_Test Fees...................... 9/28/95 ......do.................. .......................... Rule 504_Modification................... 9/28/95 ......do.................. .......................... ---------------------------------------------------------------------------------------------------------------- [62 FR 3213, Jan. 22, 1997; 62 FR 6619, Feb. 12, 1997] § 52.2724 [Reserved] top § 52.2725 General requirements. top (a) The requirements of §51.116(c) of this chapter are not met, since section 2.4 of the Puerto Rico Regulation for Control of Atmospheric Pollution could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, section 2.4 is disapproved. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator. [39 FR 34537, Sept. 26, 1974, as amended at 40 FR 55334, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] § 52.2726 Legal authority. top (a) The requirements of §51.230(f) of this chapter are not met, since Article 17 of Puerto Rico Act 9 could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, Article 17 is disapproved. [39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986] §§ 52.2727-52.2728 [Reserved] top § 52.2729 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Puerto Rico. [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11325, Mar. 10, 2003; 68 FR 74491, Dec. 24, 2003] § 52.2730 [Reserved] top § 52.2731 Control strategy and regulations: Sulfur oxides. top (a) The requirements of subpart G of this chapter are not met since the Puerto Rico plan does not provide for attainment and maintenance of the national standards for sulfur oxides in the areas of Aguirre, Barceloneta, Trujillo Alto-Dorado and Ensenada. (b) Article 6, as submitted to EPA on January 3, 1975, of the Puerto Rico Regulations for Control of Atmospheric Pollution, as it applies to those areas listed in paragraph (a) of this section is disapproved for the following facilities: Puerto RicoWater Resources Authority—Aguirre Complex, Abbott, Merck and Company, Bristol Meyers, Pfizer, Union Carbide, Upjohn, located in the Barceloneta air basin, and Central Guanica, located in the Aquada air basin. Accordingly, these sources, with the exception of the Puerto Rico Water Resources Authority—Aguirre Complex, are required to conform to the sulfur in fuel limitations contained in Article 6 of the Puerto Rico implementation plan as submitted to EPA on January 31, 1972. (c) On and after the effective date of this paragraph, the maximum allowable sulfur in fuel limitation, by weight, for the Puerto Rico Water Resources Authority Aguirre complex shall be 2.5 percent. (d) The requirements of section 110 of the Clean Air Act are not met since Article 6 of the Puerto Rico Regulation for Control of Atmospheric Pollution would permit the use of stack height increases in lieu of available methods for emission reduction. Therefore, Section H of Appendix A of Article 6 of the Puerto Rico Regulation for Control of Atmospheric Pollution is disapproved to the extent that it would permit increases in stack height in lieu of available methods of emission reduction. [40 FR 42194, Sept. 11, 1975. Correctly designated at 41 FR 24586, June 17, 1976, and amended at 51 FR 40676, Nov. 7, 1986] § 52.2732 Small business technical and environmental compliance assistance program. top On November 16, 1992, the Puerto Rico Environmental Quality Board submitted a plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program for incorporation in the Puerto Rico state implementation plan. This plan meets the requirements of section 507 of the Clean Air Act, and Puerto Rico must implement the plan as approved by EPA. [59 FR 34386, July 5, 1994] Subpart CCC—Virgin Islands top Source: 37 FR 10905, May 31, 1972, unless otherwise noted. § 52.2770 Identification of plan. top (a) Title of plan: “Air Quality Implementation Plan for the U.S. Virgin Islands.” (b) The plan was officially submitted on January 31, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Procedures for making emission data available to the public submitted April 26, 1972, by the Division of Environmental Health, Virgin Islands Department of Health. (2) Revision to construction permit regulation, Rule 12, section206–26(a) of the Virgin Islands Rules and Regulations, submitted on August 17, 1972, by the Governor. (3) Sections 206–30 (Review of new sources and modifications) and 206–31 (Review of new or modified indirect sources) were submitted on February 12, 1974, by the Governor of Virgin Islands. (4) Additional information on sections 206–30 and 206–31 was submitted on April 10, 1975, by the Governor of the Virgin Islands. (5) Exemption of the St. John Municipal Incinerator from the requirements of section 204–23, paragraph (c)(2) of the Virgin Islands Air Pollution Control Code submitted on July 9, 1975, by the Governor. (6) Revised Section 204–26 (Sulfur Compounds Emissions Control) submitted on January 21, 1976 by the Governor of the Virgin Islands, as it applies to the islands of St. Thomas and St. John. (7) Amended revised Section 204–26 submitted on June 3, 1976 by the Governor of the Virgin Islands, as it applies to the islands of St. Thomas and St. John. (8) As it applies to the island of St. Croix, per an August 16, 1976 request from the Virgin Islands, revised 12 V.I.R. & R. 9:204–26 (Sulfur Compounds Emission Control) excluding subsection (a)(2), as submitted on January 21, 1976 by the Governor of the Virgin Islands. (9) Revision submitted on August 29, 1977, by the Governor of the Virgin Islands which allows, under provisions of 12 V.I.R. & R. 9:204–26, the relaxation of the sulfur-in-fuel-oil limitation to 1.5 percent, by weight, for the Virgin Islands Water and Power Authority's Christiansted Power Plant. (10) Revision submitted on February 9, 1980 by the Commissioner of the Department of Conservation and Cultural Affairs of the Government of the Virgin Islands of the United States which grants an “administrative order” under Title 12 V.I.C. section 211 and Title 12 V.I.R. & R. sections 204–26(d). This “administrative order” relaxes, until one year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 1.5 percent, by weight, applicable to Martin Marietta Alumina and the Hess Oil Virgin Islands Corporation, both located in the Southern Industrial Complex on the Island of St. Croix. (11) A document entitled “Air Monitoring Plan,” November 1979, submitted on February 23, 1981, by the Virgin Islands Department of Conservation and Cultural Affairs. (12) Revision submitted on April 9, 1981 by the Commissioner of the Department of Conservation and Cultural Affairs of the Government of the Virgin Islands of the United States which grants an “administrative order” under Title 12 V.I.C. section 211 and Title 12 V.I.R. and R. sections 204–26(d). This “administrative order” relaxes, until one year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 1.5 percent, by weight, applicable to Martin Marietta Alumina and the Hess Oil Virgin Islands Corporation, both located in the Southern Industrial Complex on the Island of St. Croix. (13) Revision submitted on January 12, 1983 by the Commissioner of the Department of Conservation and Cultural Affairs of the Government of the Virgin Islands of the United States which grants an “administrative order” under Title 12 V.I.C. section 211 and Title 12 V.I.R. and R. sections 204–26(d). This “administrative order” relaxes, until one year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 1.5 percent, by weight, applicable to Martin Marietta Alumina and the Hess Oil Virgin Islands Corporation, both located in the Southern Industrial Complex on the Island of Saint Croix. (14) An Implementation Plan for attainment of the lead standard was submitted by the Governor of the U.S. Virgin Islands on November 16, 1984. (15) Revision submitted on December 1, 1983 by the Virgin Islands Department of Environmental Conservation and Cultural Affairs which grants a variance establishing, for one year from February 26, 1985, a maximum sulfur-in-fuel-oil limitation of 1.5 percent, by weight, for the Hess Oil Virgin Islands Corporation and the Martin Marietta Aluminum Properties, Inc. facilities located on the Island of Saint Croix. (16) Revision submitted on February 11, 1986 by the Virgin Islands Department of Environmental Conservation and Cultural Affairs which grants a variance establishing, for one year from April 14, 1987, a maximum sulfur-in-fuel-oil limitation of 1.5 percent, by weight, for the Hess Oil Virgin Islands Corporation and the Martin Marietta Properties facilities located on the Island of St. Croix. (17) Comprehensive revisions to Virgin Islands air pollution control regulations submitted on March 20, 1987, by the Virgin Islands Department of Planning and Natural Resources. (i) Incorporation by reference: (A) Revised sections 20 through 23, 25, 26, 28, 29, 33, 35 through 41, and 45 of subchapter 204, chapter 9, title 12 of the Virgin Islands Code, effective January 15, 1987. (B) Revised sections 20 through 31 of subchapter 206, chapter 9, title 12 of the Virgin Islands Code, effective January 15, 1987. (ii) Additional material: (A) July 1988 Modeling Analysis for CEC Energy Co., Inc. (B) July 11, 1989, letter from Ted Helfgott, Amerada Hess Corporation to Raymond Werner, U.S. Environmental Protection Agency, Region II, New York. (C) December 28, 1992, Prevention of Significant Deterioration of Air Quality permit for Virgin Islands Water and Power Authority at St. Croix's north shore facility. [37 FR 10905, May 31, 1972] Editorial Note: For Federal Register citations affecting §52.2770, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 52.2771 Classification of regions. top The U.S. Virgin Islands plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- U.S. Virgin Islands.................................. IA IA III III III ---------------------------------------------------------------------------------------------------------------- § 52.2772 Approval status. top With the exceptions set forth in this subpart, the Administrator approves the U.S. Virgin Islands plan for attainment and maintenance of the national standards. § 52.2773 EPA-approved Virgin Islands regulations. top ---------------------------------------------------------------------------------------------------------------- Effective Territory regulation date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- Section 204-20, ``Definitions''.......... 1/15/87 4/18/94, 59 FR 18309....... ``Fugitive emissions'' will be defined as at 40 CFR 52.21(b)(20). Section 204-21, ``Regulations to Control 1/15/87 .....do.................... Open Burning''. Section 204-22, ``Regulations to Control 1/15/87 .....do.................... Emission of Visible Air Contaminants''. Section 204-23, ``Regulations Governing 1/15/87 .....do.................... Emission of Particulate Matter''. Section 204-24, ``Storage of Petroleum or 3/2/71 5/31/72, 37 FR 10905....... Other Volatile Products''. Section 204-25, ``Fugitive Emissions''... 1/15/87 4/18/94, 59 FR 18309....... Section 204-26, ``Sulfur Compounds 1/15/87 .....do.................... Subsection 204-26(a)(2) is Emission Control''. disapproved for three Martin Marietta (VI Alumina Corp), St. Croix, sources. For applicable limits, refer to PSD permit for the facility. Section 204-27, ``Air Pollution Nuisances 3/2/71 5/31/72, 37 FR 10905....... Prohibited''. Section 204-28, ``Internal Combustion 1/15/87 4/18/94, 59 FR 18309....... Engine Limits''. Section 204-29, ``Upset, Breakdown or 1/15/87 .....do.................... Scheduled Maintenance''. Section 204-30, ``Circumvention''........ 3/2/71 5/31/72, 37 FR 10905....... Section 204-31, ``Duty to Report 3/2/71 5/31/72, 37 FR 10905....... Discontinuance or Dismantlement''. Section 204-32, ``Variance Clauses''..... 3/2/71 5/31/72, 37 FR 10905....... Section 204-33, ``Air Pollution 1/15/87 4/18/94, 59 FR 18309....... Emergencies''. Section 204-35, ``Continuous Emission 1/15/87 .....do.................... Monitoring''. Section 204-36, ``Eligibility to Burn 1/15/87 .....do.................... Waste Fuel A''. Section 204-37, ``Eligibility to Burn 1/15/87 .....do.................... Waste Fuels A and B''. Section 204-38, ``Permit and/or 1/15/87 .....do.................... Certificate Requirement for Waste Oil Facilities''. Section 204-39, ``Sale or Use of Waste 1/15/87 .....do.................... Reference to Table 1 in Fuels A and B''. this subsection refers to Table 1 found in Section 204-20. Section 204-40, ``Reports, Sampling and 1/15/87 .....do.................... Variances adopted pursuant Analysis of Waste Fuels A and B''. to subsection 204-40(e) become applicable only if approved by EPA as SIP revisions. Section 204-41, ``Existing Air 1/15/87 .....do.................... Contamination Sources for Waste Fuel''. Section 204-45, ``Standards of 1/15/87 .....do.................... Performance for Sulfur Recovery Units at Petroleum Refineries''. Section 206-20, ``Permits Required''..... 1/15/87 .....do.................... Section 206-21, ``Transfer''............. 1/15/87 .....do.................... Section 206-22, ``Applications''......... 1/15/87 .....do.................... Section 206-23, ``Application and Permit 1/15/87 .....do.................... Fees''. Section 206-24, ``Cancellation of 1/15/87 .....do.................... Applications''. Section 206-25, ``Test Methods''......... 1/15/87 .....do.................... Variances adopted pursuant to subsection 206-25(c) become applicable only if approved by EPA as SIP revisions. Section 206-26, ``Permits to Construct''. 1/15/87 .....do.................... Section 206-27, ``Permits to Operate''... 1/15/87 .....do.................... Section 206-28, ``Permit Modifications, 1/15/87 .....do.................... Suspensions or Revocations and Denials''. Section 206-29, ``Further Information''.. 1/15/87 .....do.................... Section 206-30, ``Appeals''.............. 1/15/87 .....do.................... Section 206-30, ``Review of New Sources 10/11/73 8/10/75, 40 FR 42013....... Subsection 206-30(f)(6) is and Modifications''. disapproved since sources of minor significance are not identified in Section 206-30. A federally promulgated regulation (40 CFR 52.2775(g)), correcting this deficiency and a public participation deficiency, is applicable. Two separate subsections are numbered 206-30 and are listed here with their separate titles. Section 206-31, ``Review of New or 10/11/73 8/10/75, 40 FR 42013....... Modified Indirect Sources''. ---------------------------------------------------------------------------------------------------------------- [59 FR 18309, Apr. 18, 1994] § 52.2774 [Reserved] top § 52.2775 Review of new sources and modifications. top (a)–(d) [Reserved] (e) The requirements of 40 CFR 51.18(h) are not met since section 206–30 of Chapter 9, Title 12 of the Virgin Islands' Code does not provide that information submitted by the owner or operator and the agency's analysis including its proposed approval/disapproval decision, be made available for public comment for a period of 30 days prior to final action. (f) Subsection 206–30(f)(6) of section 206–30 of Chapter 9, Title 12 of the Virgin Islands' Code is disapproved since sources of minor significance are not identified in the regulation. Accordingly, all sources not listed in subsection 206–30 (f)(1) through (f)(5) will be subject to review in accordance with the requirements of section 206–30. (g) Regulation for review of new sources and modifications. (1) This requirement is applicable to any stationary source subject to review under section 206–30 of Chapter 9, Title 12 of the Virgin Islands' Code or 40 CFR 52.2775(f). (2) Within 30 days after receipt of an application, the Commissioner of the Department of Conservation and Cultural Affairs, will notify the public, by prominent advertisement in the local news media, of the opportunity for public comment on the information submitted by the owner or operator. (i) Such information, together with the Commissioner's analysis of the effect of the construction or modification on air quality including the Commissioner's proposed approval or disapproval, will be available in at least one location in the affected region. (ii) Written public comments submitted within 30 days of the date such information is made available will be considered by the Commissioner in making his final decision on the application. (iii) The Commissioner will make a final decision on the application within 30 days after the close of the public comment period. The Commissioner will notify the applicant in writing of his approval, conditional approval, or disapproval of the application and will set forth his reasons for conditional approval or disapproval. (iv) A copy of the notice required by paragraph (h)(2) of this section shall also be sent to the Administrator through the appropriate regional office, and to all other State and local air pollution control agencies having jurisdiction in the region in which such new or modified installation will be located. The notice shall also be sent to any other agency in the region having responsibility for implementing the procedures required under this section. [37 FR 10905, May 31, 1972, as amended at 40 FR 42013, Sept. 10, 1975] §§ 52.2776-52.2778 [Reserved] top § 52.2779 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the Virgin Islands. [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11325, Mar. 10, 2003; 68 FR 74491, Dec. 24, 2003] § 52.2780 Control strategy for sulfur oxides. top (a) The requirements of subpart G of this chapter are not met since there has not been a satisfactory demonstration that the Virgin Islands plan provides for the attainment and maintenance of the national ambient air quality standards for sulfur oxides on the island of St. Croix. (b) The following parts of regulation 12 V.I.R. and R. 9:204–26, “Sulfur Compounds Emission Control,” as submitted to EPA on January 21, 1976 and as amended and resubmitted to EPA on June 3, 1976 are approved: (1) The entire regulation as it applies to the islands of St. Thomas and St. John. (2) The entire regulation as it applies to the Virgin Islands Water and Power Authority's Christiansted Power Plant on the island of St. Croix. (3) The entire regulation excluding subsection (a)(2) as it applies to the remaining sources on the island of St. Croix. Subsection (a)(2) of the regulation is not approved as it applies to the remaining sources on St. Croix because of the inadequacy of the control strategy demonstration noted in paragraph (a) of this section. Accordingly, all sources on St. Croix with the exception of the Virgin Islands Water and Power Authority's Christiansted Power Plant are required to conform to the sulfur-in-fuel-oil limitations contained in 12 V.I.R. and R. 9:204–26 as originally submitted to EPA on January 31, 1972. (c) Reference to “Section (a)(2)” in subsection (d) of 12 V.I.R. and R. 9:204–26, as submitted to EPA on January 21, 1976 and as amended and resubmitted to EPA on June 3, 1976, refers to the following approved limitations: (1) For the islands of St. Thomas and St. John, subsection (a)(2) of section 204–26 as submitted to EPA on January 21, 1976 and as amended and resubmitted to EPA on June 3, 1976; (2) for the island of St. Croix, subsection (a)(2) of section 204–26 as originally submitted to EPA on January 31, 1972 and approved by EPA on May 31, 1972. [41 FR 28493, July 12, 1976, as amended at 41 FR 55531, Dec. 21, 1976; 43 FR 4016, Jan. 31, 1978; 51 FR 40676, Nov. 7, 1986] § 52.2781 Visibility protection. top (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulation for visibility monitoring. The provisions of §52.26 are hereby incorporated and made a part of the applicable plan for the Virgin Islands. (c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the Virgin Islands. [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987] § 52.2782 Small business technical and environmental compliance assistance program. top On January 15, 1993, the Virgin Islands Department of Planning and Natural Resources submitted a plan to establish and implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program for incorporation in the Virgin Islands state implementation plan. This plan meets the requirements of section 507 of the Clean Air Act, and the U.S. Virgin Islands must implement the program as approved by EPA. [59 FR 34386, July 5, 1994] Subpart DDD—American Samoa top § 52.2820 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for American Samoa under section 110 of the Clean Air Act, 42 U.S.C. 7401–7671q and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to June 1, 2005, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after June 1, 2005, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region IX certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of June 1, 2005. (3) Copies of the materials incorporated by reference may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. Table 52.2820_EPA Approved Territory of American Samoa Regulations ---------------------------------------------------------------------------------------------------------------- Effective State citation Title/subject date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Air Pollution Control Rules and Regulations Section 1.0.................. Definitions 6/08/1972 3/02/1976, 41 FR 8956 (1.0.1_1.0.18). Section 1.1.................. Approval of New 6/08/1972 3/02/1976, 41 FR 8956 Sources: Permit to Operate (1.1.1_1.1.14). Section 1.2.................. Source Monitoring, 6/08/1972 3/02/1976, 41 FR 8956 Record Keeping, and Reporting (1.2.1_1.2.2). Section 1.3.................. Sampling and Testing 6/08/1972 3/02/1976, 41 FR 8956 Methods (1.3.1- 1.3.2). Section 1.4.................. Malfunction of 6/08/1972 3/02/1976, 41 FR 8956 Equipment; Reporting (1.4.1-1.4.2). Section 1.5.................. Prohibition of Air 6/08/1972 3/02/1976, 41 FR 8956 Pollution. Section 1.6.................. Compliance Schedule 6/08/1972 3/02/1976, 41 FR 8956 (1.6.1, Existing Sources). Section 1.7.................. Circumvention........ 6/08/1972 3/02/1976, 41 FR 8956 Section 1.8.................. Severability......... 6/08/1972 3/02/1976, 41 FR 8956 Section 1.9.................. Ambient Air Quality 6/08/1972 3/02/1976, 41 FR 8956 Standards (1.9.1- 1.9.2). Section 2.1.................. Control of Open 6/08/1972 3/02/1976, 41 FR 8956 Burning. Control of Particulate Emissions. Section 3.1.................. Visible Emissions 6/08/1972 3/02/1976, 41 FR 8956 (3.1.1-3.1.2). Section 3.2.................. Fugitive Dust (3.2.1- 6/08/1972 3/02/1976, 41 FR 8956 3.2.3). Section 3.3.................. Incineration (3.3.1- 6/08/1972 3/02/1976, 41 FR 8956 3.3.4). Section 3.4.................. Fuel Burning 6/08/1972 3/02/1976, 41 FR 8956 Equipment (3.4.1- 3.4.2). Section 3.5.................. Process 6/08/1972 3/02/1976, 41 FR 8956 Industries_General (3.5.1, 3.5.3-3.5.5). Table 1...................... Particulate Emission 6/08/1972 3/02/1976, 41 FR 8956 Allowable Based on Process Weight. Section 3.6.................. Sampling Methods 6/08/1972 3/02/1976, 41 FR 8956 (3.6.1). Control of Sulfur Compound Emissions. Section 4.1.................. Fuel Combustion 6/08/1972 3/02/1976, 41 FR 8956 (4.1.1). ---------------------------------------------------------------------------------------------------------------- (d) EPA approved State source specific requirements. ---------------------------------------------------------------------------------------------------------------- Effective Name of source Permit No. date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- None ---------------------------------------------------------------------------------------------------------------- (e) [Reserved] [70 FR 53566, Sept. 9, 2005] § 52.2821 Classification of regions. top The American Samoa plan was evaluated on the basis of the following classifications: ---------------------------------------------------------------------------------------------------------------- Pollutant ---------------------------------------------------------- Air quality control region Photochemical Particulate Sulfur Nitrogen Carbon oxidants matter oxides dioxide monoxide (hydrocarbons) ---------------------------------------------------------------------------------------------------------------- American Samoa....................................... III III III III III ---------------------------------------------------------------------------------------------------------------- [37 FR 10906, May 31, 1972] § 52.2822 Approval status. top With the exceptions set forth in this subpart, the Administrator approves American Samoa's plan for the attainment and maintenance of the national standards. [39 FR 8617, Mar. 6, 1974] § 52.2823 Original identification of plan. top (a) This section identified the original “Implementation Plan for Compliance With the Ambient Air Quality Standards for the Territory of American Samoa” and all revisions submitted by the Territory of American Samoa that were federally approved prior to June 1, 2005. (b) The plan was officially submitted on January 27, 1972. (1) Previously approved on May 31, 1972 and now deleted without replacement Chapter 35.01, Section 35.0113 of the Environmental Quality Act. (c) The plan revisions listed below were submitted on the dates specified. (1) Revised legal authority submitted on March 9, 1972, by the Environmental Quality Commission. (2) Letter indicating formal adoption of the implementation plan submitted on March 23, 1972, by the Environmental Quality Commission. (3) Letter regarding comments on the plan and indicating intent to submit a revised plan submitted on April 28, 1972, by the Environmental Quality Commission. (4) Formally adopted rules and regulations for the entire Territory submitted on June 8, 1972, by the Environmental Quality Commission. (5) The following amendments to the plan were submitted on November 22, 1982, by the Governor. (i) Negative declaration indicating no Lead sources in American Samoa. [37 FR 10906, May 31, 1972, as amended at 41 FR 8969, Mar. 2, 1976; 50 FR 32698, Aug. 14, 1985; 62 FR 34648, June 27, 1997. Redesignated and amended at 70 FR 53566, Sept. 9, 2005] § 52.2824 Review of new sources and modifications. top (a) The requirements of subpart I of this chapter are not met since the Territory of American Samoa failed to submit a plan for review of new or modified indirect sources. (b) Regulation for review of new or modified indirect sources: The provisions of §52.22(b) are hereby incorporated by reference and made a part of the applicable implementation plan for the Territory of American Samoa. [39 FR 8617, Mar. 6, 1974, as amended at 51 FR 40677, Nov. 7, 1986] §§ 52.2825-52.2826 [Reserved] top § 52.2827 Significant deterioration of air quality. top (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for American Samoa. [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11325, Mar. 10, 2003; 68 FR 74491, Dec. 24, 2003] Subpart EEE—Approval and Promulgation of Plans top § 52.2850 Approval and promulgation of implementation plans. top State plans consisting of control strategies, rules, and regulations, and, in certain instances, compliance schedules, which the Administrator has determined meet the requirements of section 16 of the “Clean Air Amendments of 1970” have been approved as follows: Delaware An implementation plan for the State's portion of the Philadelphia Interstate Air Quality Control Region was received by the Department of Health, Education, and Welfare on June 30, 1970. Supplemental information was received October 20, 1970. The Administrator has determined that the State's control strategy for sulfur oxides, as set forth in this implementation plan, is adequate for attainment of the national primary ambient air quality standards for sulfur oxides. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations and the compliance schedule pertaining thereto. New Jersey An implementation plan for the State's portion of the Philadelphia Interstate Air Quality Control Region was received by the Department of Health, Education, and Welfare on May 26, 1970. Supplemental information was submitted September 23, 1970. TheAdministrator has determined that the State's control strategy for sulfur oxides, as set forth in this implementation plan, is adequate for attainment of the national primary ambient air quality standards for sulfur oxides. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations and the compliance schedule pertaining thereto. Pennsylvania An implementation plan for the State's portion of the Philadelphia Interstate Air Quality Control Region was received by the Department of Health, Education, and Welfare on May 4, 1970. Supplemental information was received August 4, 1970. The Administrator has determined that the State's control strategy for sulfur oxides, as set forth in this implementation plan, is adequate for attainment of the national primary ambient air quality standards for sulfur oxides. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations pertaining thereto. Kansas An implementation plan for the State's portion of the Kansas City Interstate Air Quality Control Region was received by the Department of Health, Education, and Welfare on November 19, 1970. The Administrator has determined that the State's control strategy for particulate matter, as set forth in this implementation plan, is adequate for attainment of the national primary and secondary ambient air quality standards for particulate matter. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations and the compliance schedule pertaining thereto. Virginia An implementation plan for the State's portion of the National Capital Interstate Air Quality Control Region was received by the Department of Health, Education, and Welfare on April 29, 1970. Supplemental information was received August 10 and 14, 1970. The Administrator has determined that the State's control strategy for sulfur oxides and particulate matter, as set forth in this implementation plan, is adequate for attainment of the National primary and secondary ambient air quality standards for sulfur oxides and particulate matter. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations and the compliance schedules pertaining thereto. Maryland An implementation plan for the State's portion of the National Capital Interstate Air Quality Control Region was received by the Department of Health, Education, and Welfare on May 28, 1970. Supplemental information was submitted August 7 and 21, 1970. The Administrator has determined that the State's control strategy for sulfur oxides and particulate matter, as set forth in this implementation plan, is adequate for attainment of the national primary and secondary ambient air quality standards for sulfur oxides and particulate matter. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations, as well as the compliance schedule pertaining to the sulfur oxides standards. Maryland An implementation plan for the Baltimore Intrastate Air Quality Control Region was submitted to the Environmental Protection Agency on December 23, 1970. The Administrator as determined that the State's control strategy for sulfur oxides, as set forth in this implementation plan, is adequate for attainment of the national primary ambient air quality standards for sulfur oxides. The Administrator has also determined that the State's control strategy for particulate matter, as set forth in this implementation plan, is adequate for attainment of the national primary and secondary ambient air quality standards for particulate matter. Therefore, the Administrator has approved such control strategies, together with specified rules and regulations, as well as the compliance schedule pertaining to the sulfur oxides standards. Colorado An implementation plan for the Denver Intrastate Air Quality Control Region was received by the Department of Health, Education, and Welfare on May 12, 1970, and was amended by letter dated November 10, 1970. The Administrator has determined that the State's control strategy for particulate matter, as set forth in this implementation plan, is adequate for attainment of the national primary ambient air quality standards for particulate matter. The Administrator has also determined that the State's control strategy for sulfur oxides, as set forth in this implementation plan, is adequate for maintaining the national secondary ambient air quality standards for sulfur oxides. Therefore, the Administrator has approved such control strategies, together with specified rules and regulations and the compliance schedules pertaining thereto. Missouri An implementation plan for the State's portion of the Kansas City Intrastate Air Quality Control Region was received by the Department of Health, Education, and Welfare on October 14, 1970. The Administrator has determined that the State's control strategy for particulate matter, as set forth in this implementation plan, is adequate for attainment of the national primary and secondary ambient air quality standards for particulate matter. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations and the compliance schedules pertaining thereto. District of Columbia An implementation plan for the District's portion of the National Capital Interstate Air Quality Control Region was received by the Department of Health, Education, and Welfare on May 6, 1970. Supplemental information was received August 24, 1970. The Administrator has determined that the District's control strategy for sulfur oxides and particulate matter, as set forth in this implementation plan, is adequate for attainment of the national primary and secondary ambient air quality standards for sulfur oxides and particulate matter. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations pertaining thereto. Massachusetts An implementation plan for the Boston Intrastate Air Quality Control Region was received by the Department of Health, Education, and Welfare on September 16, 1970. The Administrator has determined that the State's control strategy for sulfur oxides,as set forth in this implementation plan, is adequate for attainment of the national primary ambient air quality standards for sulfur oxides. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations and the compliance schedules pertaining thereto. [37 FR 2581, Feb. 2, 1972. Redesignated at 37 FR 10846, May 31, 1972] Subpart FFF—Commonwealth of the Northern Mariana Islands top § 52.2900 Negative declaration. top (a) Air Pollution Implementation Plan for the Commonwealth of the Northern Mariana Islands. (1) Letter of December 15, 1982, from the Governor to EPA, which is a negative declaration indicating no major lead sources and continued attainment and maintenance of the National Standards for lead. [51 FR 40799, Nov. 10, 1986] § 52.2920 Identification of plan. top (a) Purpose and scope. This section sets forth the applicable State implementation plan for the Commonwealth of the Northern Mariana Islands under section 110 of the Clean Air Act, 42 U.S.C. 7401–7671q and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to June 1, 2005, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after June 1, 2005, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region IX certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of June 1, 2005. (3) Copies of the materials incorporated by reference may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. Table 52.2920_EPA Approved Commonwealth of the Northern Mariana Islands Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- Effective State citation Title/subject date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- Air Pollution Control Regulations: Part I......................... Authority................. 01/19/1987 11/13/1987, 52 FR 43574 .................................... Part II........................ Purpose and Policy........ 01/19/1987 11/13/1987, 52 FR 43574 Part III....................... Policy.................... 01/19/1987 11/13/1987, 52 FR 43574 .................................... Part IV........................ Definitions (a_www)....... 01/19/1987 11/13/1987, 52 FR 43574 .................................... Part V......................... Permitting of New Sources 01/19/1987 11/13/1987, 52 FR 43574 .................................... And Modifications (A_M). Part VI........................ Registration of Existing 01/19/1987 11/13/1987, 52 FR 43574 .................................... Sources (A_D). Part VII....................... Sampling, Testing and 01/19/1987 11/13/1987, 52 FR 43574 Reporting Methods (A_D). Part VIII...................... Prohibition of Air 01/19/1987 11/13/1987, 52 FR 43574 .................................... Pollution. Paragraph A................ Control of Open Burning Paragraph B................ Control of Visible Emissions Paragraph C................ Control of Emissions from Motor Vehicles Paragraph D................ Control of Fugitive Dust and Other Particulate Matter Paragraph E................ Control of Incineration Paragraph F................ Control of Process Industries Table VIII-1............... Process Weight Rate Paragraph G................ Control of Sulfur Oxides From Fuel Combustion Paragraph H................ Variances to Prohibition of Air Pollution Part IX........................ Fees (A_B)................ 01/19/1987 11/13/1987, 52 FR 43574 .................................... Part X......................... Public Participation (A-E) 01/19/1987 11/13/1987, 52 FR 43574 .................................... Part XI........................ Enforcement (A_E)......... 01/19/1987 11/13/1987, 52 FR 43574 .................................... Part XII....................... Severability.............. 01/19/1987 11/13/1987, 52 FR 43574 .................................... Part XIII...................... Effective Date............ 01/19/1987 11/13/1987, 52 FR 43574 .................................... Part XIV....................... Certification............. 01/19/1987 11/13/1987, 52 FR 43574 .................................... -------------------------------------------------------------------------------------------------------------------------------------------------------- (d) EPA approved State source specific requirements. -------------------------------------------------------------------------------------------------------------------------------------------------------- Effective Name of source Permit number date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- None............................... .......................... ........... .................................... .................................... -------------------------------------------------------------------------------------------------------------------------------------------------------- (e) [Reserved] [70 FR 44480, Aug. 3, 2005] § 52.2921 Original identification of plan. top (a) This section identified the original “Implementation Plan for Compliance With the Ambient Air Quality Standards for the Commonwealth of the Northern Mariana Islands' and all revisions submitted by the Commonwealth of the Northern Mariana Islands that were federally approved prior to June 1, 2005. (b) [Reserved] (c) The plan revisions described below were officially submitted on the dates specified. (1) On February 19, 1987 the Governor's representative submitted regulations adopted as signed on December 15, 1986 and published in the Commonwealth Register, Volume 9, Number 1, pages 4862–94, on January 19, 1987, as follows: (i) Incorporation by reference. (A) “CNMI AIR POLLUTION CONTROL REGULATIONS” pertaining to the preconstruction review of new and modified major sources of lead, as follows. Part I—Authority Part II—Purpose and Policy Part III—Policy Part IV—Definitions Part V—Permitting of New Sources and Modifications Part VI—Registration of Existing Sources Part VII—Sampling, Testing and Reporting Methods Part IX—Fees Part X—Public Participation Part XI—Enforcement Part XII—Severability Part XIII—Effective Date Part XIV—Certification [52 FR 43574, Nov. 13, 1987. Redesignated and amended at 70 FR 44480, Aug. 3, 2005] Appendixes A–C to Part 52 [Reserved] top Appendix D to Part 52—Determination of Sulfur Dioxide Emissions from Stationary Sources by Continuous Monitors top 1. Definitions. 1.1 Concentration Measurement System. The total equipment required for the continuous determination of SO2 gas concentration in a given source effluent. 1.2 Span. The value of sulfur dioxide concentration at which the measurement system is set to produce the maximum data display output. For the purposes of this method, the span shall be set at the expected maximum sulfur dioxide concentration except as specified under section 5.2, Field Test for Accuracy. 1.3 Accuracy (Relative). The degree of correctness with which the measurement system yields the value of gas concentration of a sample relative to the value given by a defined reference method. This accuracy is expressed in terms of error which is the difference between the paired concentration measurements expressed as a percentage of the mean reference value. 1.4 Calibration Error. The difference between the pollutant concentration indicated by the measurement system and the known concentration of the test gas mixture. 1.5 Zero Drift. The change in measurement system output over a stated period of time of normal continuous operation when the pollutant concentration at the time for the measurement is zero. 1.6 Calibration Drift. The change in measurement system output over a stated period of time of normal continuous operation when the pollutant concentration at the time of the measurement is the same known upscale value. 1.7 Response Time. The time interval from a step change in pollutant concentration at the input to the measurement system to the time at which 95 percent of the corresponding final value is reached as displayed on the measurement system data presentation device. 1.8 Operational Period. A minimum period of time over which a measurement system is expected to operate within certain performance specifications without unscheduled maintenance, repair or adjustment. 1.9 Reference Method. The reference method for determination of SO2 emissions shall be Method 8 as delineated in Part 60 of this chapter. The analytical and computational portions of Method 8 as they relate to determination of sulfuric acid mist and sulfur trioxide, as well as isokinetic sampling, may be omitted from the overall test procedure. 2. Principle and Applicability. 2.1 Principle. Gases are continuously sampled in the stack emissions and analyzed for sulfur dioxide by a continuously operating emission measurement system. Performance specifications for the continuous measurement systems are given. Test procedures are given to determine the capability of the measurement systems to conform to the performance specifications. Sampling may include either the extractive or nonextractive (in-situ) approach. 2.2 Applicability. The performance specifications are given for continuous sulfur dioxide measurement systems applied to nonferrous smelters. 3. Apparatus. 3.1 Calibration Gas Mixture. Mixture of a known concentrations of sulfur dioxide in oxygen-free nitrogen. Nominal volumetric concentrations of 50 percent and 90 percent of span are recommended. The mixture of 90 percent of span is to be used to set and to check the span and is referred to as the span gas. The gas mixtures shall be analyzed by the Reference Method at least two weeks prior to use or demonstrated to be accurate and stable by an alternate method subject to approval of the Administrator. 3.2 Zero Gas. A gas containing less than 1 ppm sulfur dioxide. 3.3 Equipment for measurement of sulfur dioxide concentration using the Reference Method. 3.4 Chart Record. Analog chart recorder, input voltage range compatible with analyzer system output. 3.5 Continuous measurement system for sulfur dioxide. 4. Measurement System Performance Specifications. The following performance specifications shall be met in order that a measurement system shall be considered acceptable under this method. Table I_Performance Specifications ------------------------------------------------------------------------ Parameter \a\ Specification ------------------------------------------------------------------------ 1. Accuracy \a\................... [le]20 percent of reference mean value. 2. Calibration Error \a\.......... [le]5 percent of each (50%, and 30%) calibration gas mixture. 3. Zero Drift (2-hours) \a\....... [le]2 percent of emission standard. 4. Zero Drift (24-hours) \a\...... [le]4 percent of emission standard. 5. Calibration Drift (2-hours) \a\ [le]2 percent of emission standard. 6. Calibration Drift (24-hours) [le]5 percent of emission standard. \a\. 7. Response Time.................. [le]5 minutes maximum. 8. Operational Period............. [le]168 hours minimum. ------------------------------------------------------------------------ \a\ Expressed as sum of absolute mean value plus 95 percent confidence interval of a series of tests. 5. Performance Specification Test Procedures. The following test procedures shall be used to determine compliance with the requirements of paragraph 4: 5.1 Calibration test. 5.1.1 Analyze each calibration gas mixture (50 percent, 90 percent) for sulfur dioxide by the Reference method and record the results on the example sheet shown in Figure D–1. This step may be omitted for nonextractive monitors where dynamic calibration gas mixtures are not used (see section 5.1.2). 5.1.2 Set up and calibrate the complete measurement system according to the manufacturer's written instructions. This may be accomplished either in the laboratory or in the field. Make a series of five nonconsecutive readings with span gas mixtures alternately at each concentration (example, 50 percent, 90 percent, 50 percent, 90 percent, 50 percent). For nonextractive measurement systems, this test may be performed using procedures specified by the manufacturer and two or more calibration gases whose concentrations are certified by the manufacturer and differ by a factor of two or more. Convert the measurement system output readings to ppm and record the results on the example sheet shown in Figure D–2. 5.2 Field Test for Accuracy (Relative), Zero Drift and Calibration Drift. Install and operate the measurement system in accordance with the manufacturer's written instructions and drawings as follows: 5.2.1 Conditioning Period. Offset the zero setting at least 10 percent of span so that negative zero drift may be quantified. Operate the system for an initial 168-hour conditioning period. During this period the system should measure the SO2 content of the effluent in a normal operational manner. 5.2.2 Operational Test Period. Operate the system for an additional 168-hour period. The system shall be monitoring the source effluent at all times when not being zeroed, calibrated or backpurged. 5.2.2.1 Field Test for Accuracy (Relative). The analyzer output for the following test shall be maintained between 20 percent and 90 percent of span. It is recommended that a calibrated gas mixture be used to verify the span setting utilized. During this 168-hour test period, make a minimum of nine (9) SO2 concentration measurements using the Reference Method with a sampling period of one hour. If a measurement system operates across the stack or a portion of it, the Reference Method test shall make a four-point traverse over the measurement system operating path. Isokinetic sampling and analysis for SO3 and H2 SO4 mist are not required. For measurement systems employing extractive sampling, place the measurement system and the Reference Method probe tips adjacent to each other in the duct. One test will consist of two simultaneous samples with not less than two analyses on each sample. Record the test data and measurement system concentrations on the example sheet shown in Figure D–3. 5.2.2.2 Field Test for Zero Drift and Calibration Drift. Determine the values given by zero and span gas SO2 concentrations at 2-hour intervals until 15 sets of data are obtained. Alternatively, for nonextractive measurement systems, determine the values given by an electrically or mechanically produced zero condition, and by inserting a certified calibration gas concentration equivalent to not less than 20 percent of span, into the measurement system. Record these readings on the example sheet shown in Figure D–4. These 2-hour periods need not be consecutive but may not overlap. If the analyzer span is set at the expected maximum concentration for the tests performed under section 5.2.2, then the zero and span determinations to be made under this paragraph may be made concurrent with the tests under section 5.2.2.1. Zero and calibration corrections and adjustments are allowed only at 24-hour intervals (except as required under section 5.2.2) or at such shorter intervals as the manufacturer's written instructions specify. Automatic corrections made by the measurement system without operator intervention or initiation are allowable at any time. During the entire 168-hour test period, record the values given by zero and span gas SO2 concentrations before and after adjustment at 24-hour intervals in the example sheet shown in Figure D–5. 5.3 Field Test for Response Time. 5.3.1 This test shall be accomplished using the entire measurement system as installed including sample transport lines if used. Flow rates, line diameters, pumping rates, pressures (do not allow the pressurized calibration gas to change the normal operating pressure in the sample line), etc., shall be at the nominal values for normal operation as specified in the manufacturer's written instructions. In the case of cyclic analyzers, the response time test shall include one cycle. 5.3.2 Introduce a zero concentration of SO2 into the measurement system sampling interface or as close to the sampling interface as possible. When the system output reading has stabilized, switch quickly to a known concentration of SO2 at 70 to 90 percent of span. Record the time from concentration switching to final stable response. After the system response has stabilized at the upper level, switch quickly to a zero concentration of SO2. Record the time from concentration switching to final stable response. Alternatively, for nonextractive monitors, a calibration gas concentration equivalent to 20 percent of span or more may be switched into and out of the sample path and response times recorded. Perform this test sequence three (3) times. For each test record the results on the example sheet shown in Figure D–6. 6. Calculations, Data Analysis and Reporting. 6.1 Procedure for determination of mean values and confidence intervals. 6.1.1 The mean value of a data set is calculated according to equation D–1. Where: xi=individual values. S=sum of the individual values. x=mean value. n=number of data points. 6.1.2 The 95 percent confidence interval (two-sided) is calculated according to equation D–2. Where: Sxi=sum of all data points. t.975 = t1–a/2, and C.I.95=95 percent confidence interval estimated of the average mean value. Typical Values for t1-a/2 ------------------------------------------------------------------------ n t.975 n t.975 n t.975 ------------------------------------------------------------------------ 2 12.706 7 2.447 12 2.201 3 4.303 8 2.365 13 2.179 4 3.182 9 2.306 14 2.160 5 2.776 10 2.262 15 2.145 6 2.571 11 2.228 16 2.131 ------------------------------------------------------------------------ The values in this table are already corrected for n–1 degrees of freedom. Use n equal to the number of samples as data points. 6.2 Data Analysis and Reporting. 6.2.1 Accuracy (Relative). For each of the nine reference method testing periods, determine the average sulfur dioxide concentration reported by the continuous measurement system. These average concentrations shall be determined from the measurement system data recorded under section 5.2.2.1 by integrating the pollutant concentrations over each of the time intervals concurrent with each reference method test, then dividing by the cumulative time of each applicable reference method testing period. Before proceeding to the next step, determine the basis (wet or dry) of the measurement system data and reference method test data concentrations. If the bases are not consistent, apply a moisture correction to either the referenced method concentrations or the measurement system concentrations, as appropriate. Determine the correction factor by moisture tests concurrent with the reference method testing periods. Report the moisture test method and the correction procedure employed. For each of the nine test runs, subtract the Reference Method test concentrations from the continuous monitoring system average concentrations. Using these data, compute the mean difference and the 95 percent confidence interval using equations D–1 and D–2. Accuracy is reported as the sum of the absolute value of the mean difference and the 95 percent confidence interval expressed as a percentage of the mean reference method value. Use the example sheet shown in Figure D–3. 6.2.2 Calibration Error. Using the data from section 5.1 of this appendix, subtract the measured SO2 value determined under section 5.1.1 (Figure D–1) from the value shown by the measurement system for each of the 5 readings at each concentration measured under section 5.1.2 (Figure D–2). Calculate the mean of these difference values and the 95 percent confidence intervals according to equations D–1 and D–2. The calibration error is reported as the sum of absolute value of the mean difference and the 95 percent confidence interval as a percentage of each respective calibration gas concentration. Use example sheet shown in Figure D–2. 6.2.3 Zero Drift (2-hour). Using the zero concentration values measured each two hours during the field test, calculate the differences between consecutive two-hour readings expressed in ppm. Calculate the mean difference and the confidence interval using Equations D–1 and D–2. Report the zero drift as the sum of the absolute mean value and the confidence interval as a percentage of the emission standard. Use example sheet shown in Figure D–4. 6.2.4 Zero Drift (24-hour). Using the zero concentration values measured every 24 hours during the field test, calculate the differences between the zero point after zero adjustment and the zero value 24 hours later just prior to zero adjustment. Calculate the mean value of these points and the confidence interval using Equations D–1 and D–2. Report the zero drift as the sum of the absolute mean and confidence interval as a percentage of the emission standard. Use example sheet shown in Figure D–5. 6.2.5 Calibration Drift (2-hour). Using the calibration values obtained at two-hour intervals during the field test, calculate the differences between consecutive two-hour readings expressed as ppm. These values should be corrected for the corresponding zero drift during that two-hour period. Calculate the mean and confidence interval of these corrected difference values using Equations D–1 and D–2. Do not use the differences between non-consecutive readings. Report the calibration drift as the sum of the absolute mean and confidence interval as a percentage of the emission standard. Use the example sheet shown in Figure D–4. 6.2.6 Calibration Drift (24-hour). Using the calibration values measured every 24 hours during the field test, calculate the differences between the calibration concentration reading after zero and calibration adjustment and the calibration concentration reading 24 hours later after zero adjustment but before calibration adjustment. Calculate the mean value of these differences and the confidence interval using equations D–1 and D–2. Report the sum of the absolute mean and confidence interval as a percentage of the emission standard. Use the example sheet shown in Figure D–5. 6.2.7 Response Time. Using the charts from section 5.3 of this Appendix, calculate the time interval from concentration switching to 95 percent to the final stable value for all upscale and downscale tests. Report the mean of the three upscale test times and the mean of the three downscale test times. For nonextractive instruments using a calibration gas cell to determine response time, the observed times shall be extrapolated to 90 percent of full scale response time. For example, if the observed time for a 20 percent of span gas cell is one minute, this would be equivalent to a 4 1/2-minute response time when extrapolated to 90 percent of span. The two average times should not differ by more than 15 percent of the slower time. Report the slower time as the system response time. Use the example sheet shown in Figure D–6. 6.2.8 Operational Period. During the 168-hour performance and operational test period, the measurement system shall not require any corrective maintenance, repair, replacement, or adjustment other than that clearly specified as required in the operation and maintenance manuals as routine and expected during a one-week period. If the measurement system operates within the specified performance parameters and does not require corrective maintenance, repair, replacement or adjustment other than specified above, during the 168-hour test period, the operational period will be successfully concluded. Failure of the measurement to meet this requirement shall call for a repetition of the 168-hour test period. Portions of the test which were satisfactorily completed need not be repeated. Failure to meet any performance specifications shall call for a repetition of the one-week performance test period and that portion of the testing which is related to the failed specification. All maintenance and adjustments required shall be recorded. Output readings shall be recorded before and after all adjustments. 6.2.9 Performance Specifications Testing Frequency. In the event that significant repair work is performed in the system, the company shall demonstrate to the Administrator that the system still meets the performance specifications listed in Table I of this appendix. The Administrator may require a performance test at any time he determines that such test is necessary to verify the performance of the measurement system. 7. References. 7.1 Monitoring Instrumentation for the Measurement of Sulfur Dioxide in Stationary Source Emissions, Environmental Protection Agency, Research Triangle Park, N.C., February 1973. 7.2 Instrumentation for the Determination of Nitrogen Oxides Content of Stationary Source Emissions, Environmental Protection Agency, Research Triangle Park, N.C., APTD 0847, Vol. I, October 1971; APTD 0942, Vol. II, January 1972. 7.3 Experimental Statistics, Department of Commerce, Handbook 91, 1963, p. 3–31, paragraphs 3–3.1.4. 7.4 Performance Specifications for Stationary-Source Monitoring Systems for Gases, and Visible Emissions, Environmental Protection Agency, Research Triangle Park, N.C., EPA–650/2–74–013, January 1974. Figure D-1_Analysis of Calibration Gas Mixtures Date _____ Reference Method Used _____ Mid Range Calibration Gas Mixture Sample 1 ppm Sample 2 ppm Sample 3 ppm Average ppm High Range (span) Calibration Gas Mixture Sample 1 ppm Sample 2 ppm Sample 3 ppm Average ppm Figure D-2_Calibration Error Determination Calibration gas mixture data (from fig. D-1): Mid (50 percent) average __ p/m, high (90 percent) average __ p/m [See footnotes at end of table] ------------------------------------------------------------------------ Calibration gas Measurement system Differences, p/m Run No. concentration \1\ reading, p/m \2\ ------------------------------------------------------------------------ 1 ------------------------------------------------------------------------ 2 ------------------------------------------------------------------------ 3 ------------------------------------------------------------------------ 4 ------------------------------------------------------------------------ 5 ------------------------------------------------------------------------ 6 ------------------------------------------------------------------------ 7 ------------------------------------------------------------------------ 8 ------------------------------------------------------------------------ 9 ------------------------------------------------------------------------ 1 ------------------------------------------------------------------------ 11 ------------------------------------------------------------------------ 12 ------------------------------------------------------------------------ 13 ------------------------------------------------------------------------ 14 ------------------------------------------------------------------------ 15 ------------------------------------------------------------------------ ------------------------------------------------------------------------ Percent of full scale reading ----------------------- 50% mid 90% high ------------------------------------------------------------------------ Mean difference................................. .......... .......... Confidence interval............................. ±.. ±.. .......... .......... .. .. Calibration error=Mean difference \3\ + C.I. / %......... %......... Average calibration gas concentration x 100.... ..... ..... ------------------------------------------------------------------------ \1\ Mid or high. \2\ Calibration gas concentration_measurement system reading. \3\ Absolute value. Figure D-3_Accuracy ---------------------------------------------------------------------------------------------------------------- Analyzer 1-hour average Date and time Test No. Reference method samples \1\ (p/m) Difference \2\ (p/m) ---------------------------------------------------------------------------------------------------------------- 1 ---------------------------------------------------------------------------------------------------------------- 2 ---------------------------------------------------------------------------------------------------------------- 3 ---------------------------------------------------------------------------------------------------------------- 4 ---------------------------------------------------------------------------------------------------------------- 5 ---------------------------------------------------------------------------------------------------------------- 6 ---------------------------------------------------------------------------------------------------------------- 7 ---------------------------------------------------------------------------------------------------------------- 8 ---------------------------------------------------------------------------------------------------------------- 9 ---------------------------------------------------------------------------------------------------------------- Mean difference= _____p/m. 95 percent confidence interval=+ _____p/m. Mean Reference method value= _____p/m. Accuracy=Mean difference (absolute value)+95 percent confidence interval/ Mean reference method valuex100___percent ---------------------------------------------------------------------------------------------------------------- \1\ Explain method used to determine average. \2\ Difference=the 1-h average minus the reference method average. Figure D-4_Zero and Calibration Drift (2 h) ---------------------------------------------------------------------------------------------------------------- Time Calibration -------------------- Zero drift Date set Zero drift Span (? (? Date No. reading (? reading span) span- Begin End zero) ? zero) ---------------------------------------------------------------------------------------------------------------- ........ ........ 1 ........ ........ 2 ........ ........ 3 ........ ........ 4 ........ ........ 5 ........ ........ 6 ........ ........ 7 ........ ........ 8 ........ ........ 9 ........ ........ 10 ........ ........ 11 ........ ........ 12 ........ ........ 13 ........ ........ 14 ........ ........ 15 Zero drift=[mean zero drift \1\___ + CI (zero) ___ ÷emission standard]x100= ___. Calibration drift=[mean span drift \1\ ___ CI + CI (span) ___ ÷emission standard]x100= ___. ---------------------------------------------------------------------------------------------------------------- \1\ Absolute value. Figure D-5_Zero and Calibration Drift (24 hr) ---------------------------------------------------------------------------------------------------------------- Zero drift (? Span reading (after Calibration drift Date and time Zero reading zero) zero adjustment) (? span) ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Zero drift=[mean zero drift \1\___ + CI (zero) ___ ÷emission standard]x100= ___. Calibration drift=[mean span drift \1\___ + CI (span) ___ ÷emission standard]x100= ___. ---------------------------------------------------------------------------------------------------------------- \1\ Absolute value. Figure D–6—Response Time Date of Test ____. Span Gas Concentration ____ ppm. Analyzer Span Setting ____ ppm. Upscale: 1 ____ seconds. 2 ____ seconds. 3 ____ seconds. Average upscale response ____ seconds. Downscale: 1 ____ seconds. 2 ____ seconds. 3 ____ seconds. Average downscale response ____ seconds. System response time=slower time __ seconds. Percent deviation from slowest time = average upscale - average downscale × 100% / slower time [40 FR 5517, Feb. 6, 1975] Appendix E to Part 52—Performance Specifications and, Specification Test Procedures for Monitoring Systems for Effluent Stream Gas Volumetric Flow Rate top 1. Principle and applicability. 1.1 Principle. Effluent stream gas volumetric flow rates are sampled and analyzed by a continuous measurement system. To verify the measurement system performance, values obtained from the measurement system are compared against simultaneous values obtained using the reference method. These comparison tests will be performed to determine the relative accuracy, and drift of the measurement system over the range of operating conditions expected to occur during normal operation of the source. If the measurement system is such that the specified tests in section 5.1 for drift do not apply, those test procedures shall be disregarded. 1.2 Applicability. This method is applicable to subparts which require continuous gas volumetric flow rate measurement. Specifications are given in terms of performance. Test procedures are given for determining compliance with performance specifications. 2. Apparatus. 2.1 Continuous measurement system for determining stack gas volumetric flow rate. 2.2 Equipment for measurement of stack gas volumetric flow rate as specified in the reference method. 3. Definitions. 3.1 Measurement system. The total equipment required for the determination of the gas volumetric flow rate in a duct or stack. The system consists of three major subsystems: 3.1.1 Sampling interface. That portion of the measurement system that performs one or more of the following operations: Delineation, acquisition, transportation, and conditioning of a signal from the stack gas and protection of the analyzer from any hostile aspects of the source environment. 3.1.2 Analyzer. That portion of the measurement system which senses the stack gas flow rate or velocity pressure and generates a signal output that is a function of the flow rate or velocity of the gases. 3.1.3 Data presentation. That portion of the measurement system that provides a display of the output signal in terms of volumetric flow rate units, or other units which are convertible to volumetric flow rate units. 3.2 Span. The value of gas volumetric flow rate at which the measurement system is set to produce the maximum data display output. For the purposes of this method, the span shall be set at 1.5 times the maximum volumetric flow rate expected under varying operating conditions of the source. 3.3 Zero drift. The change in measurement system output over a stated period of time of normal continuous operation when gas volumetric flow rate at the time of the measurements is zero. 3.4 Calibration drift. The change in measurement system output over a stated time period of normal continuous operation when the gas volumetric flow rate at the time of the measurement is 67 percent of the span value. 3.5 Operation period. A minimum period of time over which a measurement system is expected to operate within certain performance specifications without unscheduled maintenance, repair, or adjustment. 3.6 Orientation sensitivity. The angular tolerance to which the sensor can be misaligned from its correct orientation to measure the flow rate vector before a specified error occurs in the indicated flow rate compared to the reference flow rate. 3.7 Reference method. Method 2 as delineated in 40 CFR Part 60. 4. Measurement system performance specifications. A measurement system must meet the performance specifications in Table E–1 to be considered acceptable under this method. Table E-1 ------------------------------------------------------------------------ Parameter Specifications ------------------------------------------------------------------------ Accuracy (relative).................... <10 percent of mean reference value (paragraph 6.3.1). Zero drift (24 hours).................. <3 percent of span (paragraph 6.3.2). Calibration drift (24 hours)........... <3 percent of span (paragraph 6.3.3). Operational period..................... <168 hours minimum. ------------------------------------------------------------------------ 5. Test procedures. 5.1 Field test for accuracy, zero drift, calibration drift, and operation period. 5.1.1 System conditioning. Set up and operate the measurement system in accordance with the manufacturer's written instructions and drawings. Offset the zero point of the chart recorder so that negative values up to 5 percent of the span value may be registered. Operate the system for an initial 168-hour conditioning period. During this initial period, the system should measure the gas stream volumetric flow rate in a normal operational manner. After completion of this conditioning period, the formal 168-hour performance and operational test period shall begin. 5.1.2 Field test for accuracy and operational period. During the 168-hour test period, the system should be continuously measuring gas volumetric flow rate at all times. During this period make a series of 14 volumetric flow rate determinations simultaneously using the reference method and the measurement system. The 14 determinations can be made at any time interval at least one hour apart during the 168-hour period except that at least one determination on five different days must be made with one determination on the last day of such period. The determinations shall be conducted over the range of volumetric flow rates expected to occur during normal operation of the source. The measurement system volumetric flow rate reading corresponding to the period of time during which each reference method run was made may be obtained by continuous integration of the measurement system signal over the test interval. Integration may be by use of mechanical integration of electrical units on the chart recorder or use of a planimeter on the strip chart recorder. The location and orientation of the reference method measurement device and the measurement system should be as close as practical without interference, but no closer than 1.3 cm (0.5 inch) to each other and shall be such that dilution air or other interferences cannot be interjected into the stack or duct between the pitot tube and the measurement system. Be careful not to locate the reference method pitot tube directly up or down stream of the measurement system sensor. 5.1.3 Field test for calibration drift and zero drift. At 24-hour intervals, but more frequently if recommended by the manufacturer, subject the measurement system to the manufacturer's specified zero and calibration procedures, if appropriate. Record the measurement system output readings before and after adjustment. Automatic corrections made by the system without operator intervention are allowable at anytime. 5.1.4 Field test for orientation sensitivity. If a velocity measurement system is either a single point measurement device or a pressure sensor or any other device such as pitot tube which uses the flow direction of the test gas, then the following test shall be followed and a performance specification of ±10 degrees device orientation sensitivity for ±4 percent flow rate determination accuracy must be met in order for the measurement system to be considered acceptable under this method. This is in addition to the performance specifications given in paragraph 4 of this appendix. During a period of relatively steady state gas flow, perform the following orientation test using the measurement system. The system should be continuously measuring gas velocity at all times. Rotate the measurement 10° on each side of the direction of flow in increments of 5°. Perform this test three times each at: (1) Maximum operating velocity (±15 percent); (2) 67 percent ±7.5 percent of the maximum operating velocity; and (3) 33 percent ±7.5 percent of the maximum operating velocity if (2) and (3) are normal operating practices. 6. Calculations data analysis and reporting. 6.1 Procedure for determination of stack gas volumetric flow rate. Calculate the reference stack gas velocity and corresponding stack gas volumetric flow rate with the calibrated type S pitot tube measurements by the reference method. Calculate the measurement system stack gas volumetric flow rate as specified by the manufacturer's written instructions. Record the volumetric flow rates for each in the appropriate tables. 6.2 Procedure for determination of mean values and 95 percent confidence intervals. 6.2.1 Mean value. The mean value of a data set is calculated according to Equation E–1. Equation E–1 Where: xi=individual values. S=sum of the individual values. x=mean value. n=data points. 6.2.2 95 percent confidence level. The 95 percent confidence level (two sided) is calculated according to Equation E–2. Equation E–2 Where: Sxi=sum of all data points. (Sxi)=sum of squares of all data points. C.I.95=95 percent confidence interval estimate of the average mean value. Values for t.975 ------------------------------------------------------------------------ n t.975 n t.975 n t.975 ------------------------------------------------------------------------ 2 12.706 7 2.447 12 2.201 3 4.303 8 2.365 13 2.179 4 3.182 9 2.306 14 2.160 5 2.776 10 2.262 15 2.145 6 2.571 11 2.228 16 2.131 ------------------------------------------------------------------------ The values in this table are already corrected for n–1 degrees of freedom. Use n equal to the number of samples as data points. 6.3 Data analysis and reporting. 6.3.1 Accuracy (relative). First, calculate the mean reference value (Equation E–1) of the 14 average volumetric flow rates calculated by the reference method. Second, from the 14 pairs of average volumetric flow rates calculated by the reference method and measurement system volumetric flow rate readings, calculate the mean value (Equation E–1) of the differences of the 14 paired readings. Calculate the 95 percent confidence interval (Equation E–2) using the differences of fourteen paired readings. To calculate the values in the second part of this section substitute di for xi and d for x in Equations E–1 and E–2 where di equals the difference of each paired reading and d equals the mean value of the fourteen paired differences. Third, report the sum of the absolute mean value of the differences of the fourteen paired readings and the 95 percent confidence interval of the differences of value calculated in the first part of the section. Divide this total by the mean reference value and report the result as a percentage. This percentage is the relative accuracy. 6.3.2 Zero drift (24 hour). From the zero values measured each 24 hours during the field test, calculate the differences between successive readings expressed in volumetric flow rate units. Calculate the mean value of these differences and the confidence interval of these differences using Equations E–1 and E–2. Report the sum of the absolute value of the mean difference and the confidence interval as a percentage of the measurement system span. This percentage is the zero drift. 6.3.3 Calibration drift (24 hour). From the calibration values measured every 24 hours during the field test calculate the differences between: (1) The calibration reading after zero and calibration adjustment, and (2) the calibration reading 24 hours later after zero adjustment but before calibration adjustment. Calculate the mean value of these differences and the confidence interval using Equations E–1 and E–2. Report the sum of the absolute value of the mean difference and confidence interval as a percentage of the measurement system span. This percentage is the calibration drift. 6.3.4 Operation period. Other than that clearly specified as required in the operation and maintenance manual, the measurement system shall not require any corrective maintenance, repair, replacement or adjustment during the 168-hour performance and operational test period. If the measurement system operates within the specified performance parameters and does not require corrective maintenance, repair, replacement or adjustment other than as specified above during the 168-hour test period, the operational period will be successfully concluded. Failure of the measurement to meet this requirement shall call for a repetition of the 168-hour test period. Portions of the test, except for the 168-hour field test period, which were satisfactorily completed need not be repeated. Failure to meet any performance specifications shall call for a repetition of the one-week performance test period and that portion of the testing which is related to the failed specification. All maintenance and adjustments required shall be recorded. Output readings shall be recorded before and after all adjustments. 6.3.5 Orientation sensitivity. In the event the conditions of paragraph 5.1.4 of this appendix are required, the following calculations shall be performed. Calculate the ratio of each measurement system reading divided by the reference pitot tube readings. Graph the ratio vs. angle of deflection on each side of center. Report the points at which the ratio differs by more than ±4 percent from unity (1.00). [40 FR 5521, Feb. 6, 1975] Appendix F to Part 52—Clean Air Act Section 126 Petitions From Eight Northeastern States: Named Source Categories and Geographic Coverage top The table and figures in this appendix are cross-referenced in §52.34. Table F-1_Named Source Categories in Section 126 Petitions ------------------------------------------------------------------------ Petitioning state Named source categories ------------------------------------------------------------------------ Connecticut.................. Fossil fuel-fired boilers or other indirect heat exchangers with a maximum gross heat input rate of 250 mmBtu/hr or greater and electric utility generating facilities with a rated output of 15 MW or greater. Maine........................ Electric utilities and steam-generating units with a heat input capacity of 250 mmBtu/hr or greater. Massachusetts................ Electricity generating plants. New Hampshire................ Fossil fuel-fired indirect heat exchange combustion units and fossil fuel-fired electric generating facilities which emit ten tons of NOX or more per day. New York..................... Fossil fuel-fired boilers or indirect heat exchangers with a maximum heat input rate of 250 mmBtu/hr or greater and electric utility generating facilities with a rated output of 15 MW or greater. Pennsylvania................. Fossil fuel-fired indirect heat exchange combustion units with a maximum rated heat input capacity of 250 mmBtu/hr or greater, and fossil fuel-fired electric generating facilities rated at 15 MW or greater. Rhode Island................. Electricity generating plants. Vermont...................... Fossil fuel-fired electric utility generating facilities with a maximum gross heat input rate of 250 mmBtu/hr or greater and potentially other unidentified major sources. ------------------------------------------------------------------------ View or download PDF View or download PDF View or download PDF View or download PDF View or download PDF View or download PDF [64 FR 28323, May 25, 1999, as amended at 69 FR 31505, June 3, 2004]