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(continued)

[59 FR 40826, Aug. 10, 1994]

§ 52.2587 Wisconsin construction permit permanency revision.
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This plan was originally submitted as Wis. Stat. 144.396 by Wisconsin on July 12, 1979 and approved into Wisconsin's SIP on June 25, 1986 (51 FR 23056). Wis. Stat. 144.396 was renumbered Wis. Stat. 285.66 in 1995 Wisconsin Act 227, effective January 1, 1997. On December 8, 2005, Wisconsin submitted for EPA approval into the Wisconsin SIP a revision to Wis. Stats. 285.66(l), as amended in 2005 Wisconsin Act 25, effective July 26, 2005. This revision makes all conditions in Wisconsin's construction permits permanent. EPA has determined that this statutory revision is approvable under the Act.

[71 FR 9936, Feb. 28, 2006]

Subpart ZZ—Wyoming
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§ 52.2620 Identification of plan.
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(a) Title of plan: “Implementation Plan for Air Quality Control, State of Wyoming.”

(b) The plan was officially submitted on January 26, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Compliance schedule information in three plants submitted March 28, 1972, by the Department of Health and Social Services (DHSS). (Non-regulatory.)

(2) Procedural clarification to emergency episodes plan submitted May 3, 1972, by DHSS.

(3) Particulate compliance schedules submitted February 9, 1973, by DHSS.

(4) Emergency episode plan submitted February 27, 1973, by DHSS. (Non-regulatory).

(5) Compliance schedules submitted on March 1, 1973, by DHSS.

(6) Revision of Wyoming's Standards and Regulations (Chapter I, Section 1–20) submitted April 18, 1973, by DHSS.

(7) Revision of particulate control strategy to require compliance with particulate standards not later than January 31, 1974, except where approved by EPA and compliance schedule portions of the plan submitted May 29, 1973, by DHSS.

(8) Compliance schedule revisions, legal authority additions, update of Wyoming's Air Quality Standards and Regulations, non-regulatory source surveillance and new source review procedures submitted on August 7, 1974, by the Governor.

(9) Legal authority additions and compliance schedule revisions submitted on February 19, 1976, by the Governor.

(10) Requirements for continuous opacity monitoring by all fossil fuel fired steam generators with heat inputs in excess of 250 million Btu per hour and other miscellaneous revisions to the State regulations as submitted by the Air Quality Division (AQD) on May 9, 1978.

(11) Provisions to meet the requirements of Parts C and D and sections 110, 126, and 127 of the Clean Air Act, as amended in 1977 were submitted on January 26, 1979.

(12) A revision to Section 14 of the Wyoming Air Quality Standards and Regulations was submitted on July 18, 1980, and October 27, 1980.

(13) On August 26, 1981 and August 27, 1981, Wyoming submitted revisions to the requirements for Prevention of Significant Deterioration, the Air Quality Monitoring Plan, revisions to the Emergency Episode Contingency Plan, and revisions to stationary source permitting regulations.

(14) Revisions to the new source permit requirements in Sections 21 and 24 of the Wyoming regulations were submitted on April 30, 1981, and February 8, 1982.

(15) On August 30, 1984, the State of Wyoming submitted a plan revision for lead.

(16) Revisions to the new source permit requirements in sections 21 and 24 of the Wyoming regulation for visibility protection were submitted on April 12, 1985.

(i) Incorporation by reference.

(A) Letter from Randolph Wood, Administrator, Wyoming Air Quality Division, dated April 12, 1985, submitting the Wyoming Visibility SIP and Regulations.

(B)(1) Wyoming Air Quality Standards and Regulations (WAQSR), Section 21.n. (1) and (2) adopted on January 22, 1985.

(2) WAQSR, Section 24.b.(1)(f) adopted on January 22, 1985.

(3) WAQSR, Section 24.b.(6) (a) and (b) revised and adopted on January 22, 1985.

(17) A revision to the SIP was submitted by the Administrator of the Wyoming Air Quality Division on September 6, 1988, for visibility general plan requirements, monitoring, and long-term strategies.

(i) Incorporation by reference.

(A) Letter dated September 6, 1988, Charles A. Collins, Administrator of the Wyoming Air Quality Division, submitting a SIP revision for visibility protection.

(B) The SIP revision for visibility protection, “Section 28 Visibility” of the Wyoming Air Quality Standards and Regulations, and “Wyoming State Implementation Plan for Class I Visibility Protection” was adopted by the Wyoming Environmental Quality Council on March 23, 1988, and became effective on May 10, 1988.

(18) On September 6, 1988, the Administrator of the Air Quality Division, as the Governor's designee, submitted a plan revising the stack height regulations, Wyoming Air Quality Standards and Regulations (WAQSR) section 21(d).

(i) Incorporation by reference.

(A) Revisions to the Wyoming Air Quality Standards and Regulation section 21(d), stack heights, were adopted and effective on May 10, 1988.

(19) In a letter dated August 5, 1986, the Administrator of the Air Quality Division of Wyoming, submitted the stack height demonstration analysis. EPA is approving the demonstration analysis for all of the stacks.

(i) Incorporation by reference. (A) Stack height demonstration analysis submitted by the State in a letter dated August 5, 1986.

(20) A revision to the SIP was submitted by the Administrator of the Wyoming Air Quality Division on March 14, 1989, to address the Group III PM–10 SIP requirements and Group II PM–10 SIP requirements for Lander, Wyoming.

(i) Incorporation by reference.

(A) Amendments to the Wyoming Air Quality Standards and Regulations: section 2 (Definitions) (a)(xxx), section 3 (Ambient Standards for Particulate Matter) (a), section 20 (Air Pollution Emergency Episodes) (b)(ii), section 21 (Permit Requirements for Construction, Modification, and Operation) (c)(ii) and section 24 (Prevention of Significant Deterioration) (a)(xx)(A), (b)(i)(E)(VI)(1.)(c.)(f.)(h.) & (1.), (b)(iii), (b)(iv), (b)(viii), and (b)(xii)(D)(E)(F) & (G), effective February 13, 1989.

(B) March 14, 1989 letter from Charles A. Collins, Administrator of the Wyoming Air Quality Division to James J. Scherer, EPA Region VIII Regional Administrator, identifying the effective date of the above regulation amendments.

(21) On November 20, 1990, the Governor of Wyoming submitted revisions to the plan. The revisions include amendments to the prevention of significant deterioration of air quality (PSD) regulations to incorporate the nitrogen dioxide (NO2) increments, revisions to the new source review requirements and PSD regulations to make them federally enforceable, and revisions to the PSD regulations to allow establishment of multiple baseline areas which may have different baseline dates and different baseline concentrations.

(i) Incorporation by reference. (A) Revisions to the Wyoming Air Quality Standards and Regulations, Section 2, Definitions, Section 21, Permit Requirements for Construction, Modification, and Operation, and Section 24, Prevention of Significant Deterioration, effective October 30, 1990.

(ii) Additional material. (A) November 5, 1990, letter from Douglas Skie, EPA, to Charles A. Collins, Administrator, Air Quality Division, Wyoming Department of Environmental Quality.

(22) On September 6, 1988, the Governor of Wyoming submitted revisions to Section 3 of the Wyoming Air Quality Standards and Regulations, adding subsection (d) which defines “ambient air” for surface coal mines located in Wyoming's Powder River Basin.

(i) Incorporation by reference.

(A) Revisions to Section 3(d) of the Wyoming Air Quality Standards and Regulations, effective June 5, 1987.

(ii) Additional material.

(A) Memorandum of Agreement signed on December 22, 1993 by Dennis Hemmer, Director, Department of Environmental Quality, State of Wyoming, and on January 24, 1994 by Patricia D. Hull, Director, Air, Radiation and Toxics Division, EPA Region VIII.

(23) On November 1, 1993, the Governor of Wyoming submitted a plan for the establishment and implementation of a Small Business Assistance Program to be incorporated into the Wyoming State Implementation Plan as required by section 507 of the Clean air Act.

(i) Incorporation by reference.

(A) November 1, 1993, letter from the Governor of Wyoming submitting a Small Business Assistance Program plan to EPA.

(B) The State of Wyoming plan for the establishment and implementation of a Small Business Assistance Program, adopted September 16, 1993, by the Wyoming Environmental Quality Council.

(24) On August 28, 1989, the Governor of Wyoming submitted revisions to the Wyoming State implementation plan (SIP) for Sheridan, Wyoming. In addition to the original August 28 submittal, eight submittals containing information in response to EPA requests and to the new Clean Air Act Amendments were submitted. The August 28, 1989, submittal, in combination with the eight subsequent submittals, satisfy those moderate PM10 nonattainment SIP requirements due on November 15, 1991. Included in the August 28, 1989, submittal were PM10 contingency measures for Sheridan to satisfy the requirements of section 172(c)(9) of the Act that were due by November 15, 1993.

(i) Incorporation by reference.

(A) “The City of Sheridan, Air Quality Maintenance Plan,” including the Street Winter Maintenance Plan and the contingency plan calling for the use of deicing chemicals on downtown streets, adopted on February 21, 1989.

(ii) Additional material.

(A) Letter dated November 21, 1989, from the Wyoming Department of Environmental Quality to EPA which includes a memorandum dated November 15, 1989 from the Wyoming Attorney General's Office to the Wyoming Department of Environmental Quality; the memorandum includes Wyoming Statute 35–11–201.

(25) On November 12, 1993, the Governor of Wyoming submitted revisions to the Wyoming State Implementation Plan (SIP). Specifically, the State submitted revisions to the Wyoming Air Quality Standards and Regulations (WAQSR), section 21 “Permit requirements for construction, modification and operation.” Among other things, these revisions were made to address the non-attainment New Source Review (NSR) provisions of part D of the Act for PM10 nonattainment areas, which were due to EPA on June 30, 1992.

(i) Incorporation by reference.

(A) The following subsections of section 21 of the Wyoming Air Quality Standards and Regulations “Permit requirements for construction, modification and operation,” adopted on September 16, 1993 and effective October 26, 1993: subsections (a)(ii), (a)(iii), (a)(v), (c)(ii)(B), (k)(vii) and (o).

(ii) Additional material.

(A) Letter from Mary A. Throne, Assistant Attorney General, to the Governor of Wyoming, dated October 1, 1993, documenting the necessary legal authority under state law to adopt and implement the revised regulation.

(26) On March 14, 1995, the Governor of Wyoming submitted revisions to the prevention of significant deterioration permitting regulations in Section 24 of the Wyoming Air Quality Standards to incorporate changes in the Federal PSD permitting regulations for utility pollution control projects, PM–10 increments, and to make other minor changes.

(i) Incorporation by reference.

(A) Revisions to Section 24 of the Wyoming Air Quality Standards, subsections (a)(ix)(B), (a)(x)(H)–(K), (a)(xii)(D), (a)(xv), (a)(xix)(D) and (E), (a)(xxviii)–(xxxv), (b)(i)(A)(I), (b)(i)(E)(VI)(1), (b)(viii), and (b)(xii)(I), effective 2/13/95.

(27) On September 15, 1982, the Administrator of the Wyoming Air Quality Division submitted clarifications and revisions to the particulate matter control requirements of Section 25 of the Wyoming Air Quality Standards and Regulations (WAQSR) for FMC Corporation in the Trona Industrial Area. In addition, on May 16, 1985, the Administrator of the Wyoming Air Quality Division submitted revisions to the construction permitting requirements in Section 21 of the WAQSR to specify guidelines for best available control technology for new large mining operations. The Governor of Wyoming submitted revisions to Section 21 of the WAQSR, “Permit requirements for construction, modification, and operation,” on November 12, 1993. Last, the Governor of Wyoming submitted revisions to Section 24 of the WAQSR, “Prevention of Significant Deterioration,” on March 14, 1995.

(i) Incorporation by reference.

(A) Revisions to Section 25 of the WAQSR, “Sweetwater County Non-Attainment Area Particulate Matter Regulations,” subsection c.(2), effective September 13, 1982.

(B) Revisions to Section 21 of the WAQSR, “Permit requirements for construction, modification, and operation,” subsection c.(5), effective May 10, 1985.

(C) Revisions to Section 21 of the WAQSR, “Permit requirements for construction, modification, and operation,” subsection (a)(iv), effective October 26, 1993.

(D) Revisions to Section 24 of the WAQSR, “Prevention of Significant Deterioration,” subsections (a)(xix), (b)(iv), and (b)(xii)(H), effective February 13, 1995.

(28) On March 14, 1995, the Governor of Wyoming submitted revisions to the SIP that incorporate the General Conformity requirements of 40 CFR part 93, Subpart B into State regulation.

(i) Incorporation by reference.

(A) Section 32 of the Wyoming Air Quality Standards, “Conformity of General Federal Actions to State Implementation Plans,” effective February 13, 1995.

(29) The Governor of Wyoming submitted revisions to sections 2, 4, 5, 8, 9, 10, 14, and 21 of the Wyoming Air Quality Standards and Regulations (WAQSR) on May 21, 1999.

(i) Incorporation by reference.

(A) Revisions to the WAQSR, section 2 Definitions, subsection 2(a)(xxx)(B) excluding the words “or an equivalent or alternative method approved by the Administrator,” effective October 15, 1998.

(B) Revisions to the WAQSR, section 4 Sulfur oxides, subsection 4(h) excluding the words “or an equivalent method,” effective October 15, 1998.

(C) Revisions to the WAQSR, section 5 Sulfuric acid mist excluding the words “or an equivalent method,” effective October 15, 1998.

(D) Revisions to the WAQSR, section 8 Ozone, effective October 15, 1998.

(E) Revisions to the WAQSR, section 9 Volatile organic compounds, effective October 15, 1998.

(F) Revisions to the WAQSR, section 10 Nitrogen oxides, subsections 10(b), 10(b)(vii), 10(b)(viii), and 10(b)(ix), excluding the words “or by an equivalent method” in subsection 10(b), effective October 15, 1998.

(G) Revisions to the WAQSR, section 14 Control of particulate emissions, subsection 14(h)(iv) excluding the sentence, “Provided that the Administrator may require that variations to said methods be included or that entirely different methods be utilized if he determines that such variations or different methods are necessary in order for the test data to reflect the actual emission rate of particulate matter,” effective October 15, 1998.

(H) Revisions to the WAQSR, section 21 Permit requirements for construction, modification and operation, subsections 21(a)(vi) and 21(h), effective October 15, 1998.

(ii) Additional material.

(A) September 1, 1998 letter from Dan Olson, Administrator, Wyoming Air Quality Division, to Richard R. Long, Director, Air and Radiation Program, EPA Region 8.

(B) June 23, 2000 letter from Dan Olson, Administrator, Wyoming Air Quality Division, to Richard R. Long, Program Manager, Air and Radiation, EPA Region VIII.

(30) On September 12, 2003, the Governor of Wyoming submitted a revision to the State Implementation Plan. The revision restructures the Wyoming Air Quality Standards and Regulations (WAQS&R) from a single chapter into thirteen separate chapters and renumbers the provisions within each chapter. The submitted revision contains no substantive changes to the existing SIP-approved regulations. The provisions listed in paragraph (c)(30)(i)(A) are approved into the SIP and supersede and replace the prior codification of the corresponding provisions of the SIP.

(i) Incorporation by reference.

(A) Wyoming Air Quality Standards and Regulations: Chapter 1: Section 2—Authority, Section 3—Definitions, Section 4—Diluting and concealing emissions, Section 5—Abnormal conditions and equipment malfunction; Chapter 2: Section 2—Ambient standards for particulate matter, paragraphs 2(a) and 2(c) only, Section 3—Ambient standards for nitrogen oxides, Section 4—Ambient standards for sulfur oxides, Section 5—Ambient standards for carbon monoxide, Section 6—Ambient standards for ozone, Section 8—Ambient standard for suspended sulfates, Section 10—Ambient standards for lead; Chapter 3: Section 2—Emission standards for particulate matter, Section 3—Emission standards for nitrogen oxides, Section 4—Emission standards for sulfur oxides, Section 5—Emission standards for carbon monoxide, Section 6—Emission standards for volatile organic compounds; Chapter 4: Section 2—Existing sulfuric acid production units, Section 3—Existing nitric acid manufacturing plants; Chapter 6: Section 2—Permit requirements for construction, modification and operation, Section 4—Prevention of significant deterioration; Chapter 7: Section 2—Continuous monitoring requirements for existing sources; Chapter 8: Section 2—Sweetwater County particulate matter regulations, Section 3—Conformity of general federal actions to state implementation plans; Chapter 9: Section 2—Visibility; Chapter 10: Section 2—Open burning restrictions, Section 3—Wood waste burners; Chapter 12: Section 2—Air pollution emergency episodes; Chapter 13: Section 2—Motor vehicle pollution control; all adopted September 13, 1999 and effective October 29, 1999.

(ii) Additional Material.

(A) Remainder of the September 12, 2003 State submittal.

(B) January 12, 2004 letter from Dan Olson, Wyoming Department of Environmental Quality (DEQ), to Richard Long, EPA Region VIII, to address typographical errors and incorrect cross references identified in the September 12, 2003 submittal.

(C) March 22, 2004 letter from Richard Long, EPA Region VIII, to John Corra, Wyoming DEQ, requesting clarification on the State's commitment to submit substantive SIP revisions following EPA's approval of the restructured and renumbered WAQS&R provisions. In this letter, EPA also asked DEQ to indicate time frames in which DEQ would submit substantive SIP revisions.

(D) March 29, 2004 letter from John Corra, Wyoming DEQ, to Richard Long, EPA Region VIII, addressing the concerns expressed in Mr. Long's March 22, 2004 letter.

[37 FR 10903, May 31, 1972]

Editorial Note: For Federal Register citations affecting §52.2620, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 52.2621 Classification of regions.
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The Wyoming plan was evaluated on the basis of the following classifications:



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Pollutant
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Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
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Cheyenne Intrastate.................................. II III III III III
Casper Intrastate.................................... II III III III III
Wyoming Intrastate................................... III III III III III
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[37 FR 10904, May 31, 1972]

§ 52.2622 Approval status.
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With the exceptions set forth in this subpart, the Administrator approves Wyoming's plans as meeting the requirements of section 110 of the Clean Air Act, as amended in 1977. Furthermore, the Administrator finds that the plans satisfy the requirements of Part D, Title I, of the Clean Air Act.

[44 FR 38475, July 2, 1979]

§§ 52.2623-52.2624 [Reserved]
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§ 52.2625 Compliance schedules.
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(a) The compliance schedules for the sources identified below are approved as meeting the requirements of Subpart N of this chapter. All regulations cited are found in the “Wyoming Air Quality Standards and Regulations, 1975.”


Wyoming
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Source Location Regulations involved Date of adoption Effective date Final compliance date
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Pacific Power & Light.......... Glenrock.............. 14 (b), (e), (h)...... Feb. 26, 1973........ Immediately.......... Sept. 1, 1976.
Montana-Dakota Utilities........... Sheridan.............. 14 (b), (e), (h)...... ......do............. ......do............. Dec. 31, 1976.
Utah Power & Light............. Kemmerer.............. 14 (b), (e), (h)...... ......do............. ......do............. Do.
Black Hills Power & Light...... Wyodak................ 14 (b), (e), (h)...... ......do............. ......do............. May 1, 1978.
Do................................ Osage................. 14 (b), (e)........... ......do............. ......do............. May 15, 1977.
American Oil....................... Casper................ 14 (b), (e), (h)...... Jan. 26, 1973........ ......do............. Jan. 31, 1974.
Basins Engineering................. Wheatland............. 14 (b), (e), (f), (g). June 6, 1974......... ......do............. Apr. 5, 1974.
Stauffer Chemical Co............... Green River........... 14 (b), (e), (f), (g). ......do............. ......do............. Oct. 31, 1973.
Do................................ Leefe................. 14 (b), (e), (f), (g). Feb. 26, 1973........ ......do............. Nov. 1, 1976.
Barold Division of National Lead... Osage................. 14 (b), (e), (f), (g). Jan. 26, 1973........ ......do............. Dec. 31, 1975.
Do................................ Colony................ 14 (b), (e), (f), (g). June 6, 1973......... ......do............. Mar. 1, 1974.
Holly Sugar........................ Torrington............ 14 (b), (e), (f), (g). ......do............. ......do............. Oct. 31, 1976.
Do................................ Worland............... 14 (b), (d), (f), (g). ......do............. ......do............. Do.
Reeves Concrete.................... Gillette.............. 14 (b), (e), (f), (g). Jan. 26, 1973........ ......do............. Dec. 1, 1973.
Do................................ Sheridan.............. 14 (b), (e), (f), (g). ......do............. ......do............. Do.
Do................................ Buffalo............... 14 (b), (e), (f), (g). ......do............. ......do............. Do.
American Colloid................... Lovell................ 14 (b), (e), (f), (g). June 6, 1974......... ......do............. Apr, 30, 1974.
Star Valley Swiss Cheese........... Thayne................ 14 (b), (e), (h)...... Jan. 26, 1973........ ......do............. Dec. 31, 1973.
Sheridan Commercial................ Sheridan.............. 14 (b), (e), (f), (g). ......do............. ......do............. Do.
Federal Bentonite.................. Upton................. 14 (b), (e), (f), (g). June 6, 1973......... ......do............. June 30, 1974.
Do................................ Lovell................ 14 (b), (e), (f), (g). ......do............. ......do............. Do.
Wyo-Ben Products................... Greybull.............. 14 (b), (e), (f), (g). Jan. 26, 1973........ ......do............. Jan. 30, 1974.
Do................................ Lovell................ 14 (b), (e), (f), (g). June 6, 1974......... ......do............. Do.
FMC................................ Kemmerer.............. 14 (e), (f), (g), (i). Jan. 26, 1973........ ......do............. Dec. 31, 1976.
Do................................ Green River........... 14 (b), (e), (f), (g). June 6, 1974......... ......do............. Oct. 31, 1974.
Gunn-Quealy Coal................... Rock Springs.......... 14 (b), (e), (f), (g). ......do............. ......do............. Mar. 31, 1974.
Allied Chemical.................... Green River........... 14 (b), (e), (f), (g). ......do............. ......do............. Aug. 1, 1976.
IMC Corp........................... Colony................ 14 (b), (e), (f), (g). ......do............. ......do............. Oct. 31, 1974.
Wyodak Resources Develop........... Gillette.............. 14 (b), (e), (f), (g). ......do............. ......do............. Feb. 28, 1974.
Church and Dwight.................. Green River........... 14 (b), (e), (f), (g). ......do............. ......do............. Nov. 1, 1973.
Wycon Chemical..................... Cheyenne.............. 14 (b), (e), (f), (g). Sept. 11, 1975....... ......do............. June 1, 1976.
Dresser Minerals................... Greybull.............. 14 (b), (e), (f), (g). ......do............. ......do............. Feb. 15, 1976.
Town of Byron...................... Byron................. 13.................... Jan. 26, 1973........ ......do............. July 1, 1974.
Town of Chugwater.................. Chugwater............. 13.................... ......do............. ......do............. Do.
Town of Cowley..................... Cowley................ 13.................... ......do............. ......do............. Do.
Town of Lovell..................... Lovell................ 13.................... May 24, 1973......... ......do............. Do.
Big Horn County.................... Big Horn County....... 13.................... Jan. 26, 1973........ ......do............. Do.
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[41 FR 36653, Aug. 31, 1976, as amended at 51 FR 40676, Nov. 7, 1986]

§§ 52.2626-52.2629 [Reserved]
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§ 52.2630 Prevention of significant deterioration of air quality.
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(a) The Wyoming plan, as submitted, is approved as meeting the requirements of Part C of the Clean Air Act except that designation of the Savage Run Wilderness Area, as established in Pub. L. 95–237, from Class II to Class I is disapproved.

(b) Regulation for preventing significant deterioration of air quality. The Wyoming plan, as submitted, does not apply to certain sources in the State. Therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the State implementation plan for the State of Wyoming and are applicable to the following proposed major stationary sources or major modifications:

(1) Sources proposing to construct on Indian Reservations in Wyoming; and

(2) Sources that received an air quality permit from the Wyoming State Department of Environmental Quality prior to September 6, 1979.

(c) The State of Wyoming has clarified the generalized language contained in section 24 of the Wyoming Air Quality Standards and Regulations on the use of the “Guidelines for Air Quality Models.” In a letter to Douglas M. Skie, EPA, dated May 18, 1989, Charles A. Collins, Administrator of the Air Quality Divisions stated:


* * * The Division, will, as a matter of practice, utilize the “Guideline on Air Quality Models” as revised, including Supplement A, in all PSD permit application reviews. The Division will utilize any future revisions to the Guideline in PSD permitting reviews as revisions become effective.


[44 FR 51979, Sept. 6, 1979, as amended at 54 FR 27881, July 3, 1989; 68 FR 11324, Mar. 10, 2003; 68 FR 74491, Dec. 24, 2003]

§ 52.2631 [Reserved]
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§ 52.2632 Visibility protection. [Reserved]
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§ 52.2633 Stack height regulations.
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In a letter dated December 9, 1988, to Douglas M. Skie, EPA, from Charles A. Collins, Administrator of The Air Quality Division, the State committed to conduct stack height evaluations in accordance with the “Guideline for Determination of Good Engineering Practice Stack Height (Technical Support Document for the Stack Height Regulations)”, EPA 450/4–80–023R, June 1985.

[54 FR 11188, Mar. 17, 1989]

§ 52.2634 Correction of approved plan.
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The following rules of the Wyoming Air Quality Standards and Regulations have been removed from the approved plan pursuant to section 110(k)(6) of the Clean Air Act (as amended in 1990): Section 7, Hydrogen Sulfide; Section 11, Fluorides; and Section 16, Odors.

[61 FR 47059, Sept. 6, 1996]

Subpart AAA—Guam
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§ 52.2670 Identification of plan.
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Link to an amendment published at 71 FR 9719, Feb. 27, 2006.

(a) Purpose and scope. This section sets forth the applicable State implementation plan for Guam under section 110 of the Clean Air Act, 42 U.S.C. 7401–7671q and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to January 1, 2005, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after January 1, 2005, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region IX certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of January 1, 2005.

(3) Copies of the materials incorporated by reference may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA approved regulations.


Table 52.2670_EPA Approved Territory of Guam Regulations
----------------------------------------------------------------------------------------------------------------
Effective
State citation Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Standards Table of Contents..... 8/8/1973 12/19/1978 43 FR ...................
and Regulations. 48638.
Chapter 01....................... Definitions (1.1-1.17, 8/24/79 05/12/81, 46 FR ...................
1.20-1.43). 26303.
Chapter 02.1-02.2................ Ambient Air Quality 8/8/73 12/19/78, 43 FR ...................
Standards. 48638.
Chapter 02.3-02.4................ Ambient Air Quality 1/13/72 5/31/72, 37 FR ...................
Standards. 10842.
Chapter 03.01-03.09.............. Permits Required, etc. 8/24/79 5/12/81, 46 FR ...................
26303.
Chapter 03.10, 3.11 and 03.13.... Responsibility of the 8/08/73 12/19/78, 43 FR ...................
Permit Holder, etc. 48638.
(for complex sources
only).
Chapter 04.1-04.4................ Monitoring, Records 8/24/79 5/12/81, 46 FR ...................
and Reporting. 26303.
Chapter 05.1-05.2................ Sampling and Testing 1/13/72 5/31/72, 37 FR ...................
Methods. 10842.
Chapter 05.3..................... Sampling and Testing 8/24/79 5/12/81, 46 FR ...................
Methods. 26303.
Chapter 06.1..................... Control of Open 1/13/72 5/31/72, 37 FR ...................
Burning. 10842.
Chapter 06.2..................... Exceptions............ 8/24/79 5/12/81, 46 FR ...................
26303.
Chapter 06.3..................... Outdoor Cooking Waiver 1/13/72 5/31/72, 37 FR ...................
10842.
Chapter 07.1..................... Control of Particulate 8/24/79 5/12/81, 46 FR ...................
Emissions from 26303.
Process Industries.
Chapter 07.2-07.3................ Process Weight........ 8/08/73 12/19/78, 43 FR ...................
48638.
Chapter 07.4-07.5................ Process Weight Table.. 8/24/79 5/12/81, 46 FR ...................
26303.
Chapter 08.1-08.2................ Control of Fugitive 8/08/73 12/19/78, 43 FR ...................
Dust. 48638.
Chapter 08.3-08.6................ Specific Requirements. 8/24/79 5/12/81, 46 FR ...................
26303.
Chapter 08.8-08.9................ Compliance Schedule... 8/08/73 12/19/78, 43 FR ...................
48638.
Chapter 09.1-09.9................ Control of Particulate 1/13/72 5/31/72, 37 FR ...................
Emission from 10842.
Incinerator; Design
and Operation.
Chapter 10.1-10.2................ Control of Visible 8/24/79 5/12/81, 46 FR ...................
Emission of 26303.
Particulates for
Stationary Sources.
Chapter 11.1-11.3................ Control of Odors in 1/13/72 5/31/72, 37 FR ...................
Ambient Air. 10842.
Chapter 12.1; 12.2 & 12.4.... Air Pollution 8/24/79 5/12/81, 46 FR ...................
Emergencies. 26303.
Chapter 13.1..................... Control of Sulfur 8/24/79 5/12/81, 46 FR For All Sources
Dioxide Emissions. 26303. except Tanguisson
Power Plant.
Chapter 13.1..................... Addendum to 13.1...... 1/28/80 5/12/81, 46 FR Compliance Order
26303. for Inductance.
Chapter 13.2..................... Control of Sulfur 1/13/72 5/31/72, 37 FR For Tanguisson
Dioxide Emissions. 10842. Power Plant only.
Chapter 13.3 & 13.4.......... Control of Sulfur 8/24/79 3/06/80, 45 FR ...................
Dioxide Emissions. 14559.
Chapter 14.1-14.7................ Motor Vehicle 8/24/79 5/12/81, 46 FR ...................
Pollution Control. 26303.
Chapter 17.1-17.4................ Appeal Procedures, 12/11/81 9/30/82, 47 FR ...................
Circumvention, 43054.
Severability, and
Effective Date.
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(d) EPA approved State source specific requirements.



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Name of source Permit no. Effective date EPA approval date Explanation
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none............................ ..................
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(e) [Reserved]

[70 FR 20475, Apr. 20, 2005; 70 FR 21496, Apr. 26, 2005]

§ 52.2671 Classification of regions.
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The Guam plan was evaluated on the basis of the following classifications.



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Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Guam................................................. III II III III III
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§ 52.2672 Approval status.
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With the exceptions set forth in this subpart, the Administrator approves Guam's plan for the attainment and maintenance of the National Standards.

[46 FR 25303, May 6, 1981]

§ 52.2673 Original identification of plan.
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(a) This section identified the original “Implementation Plan for Compliance With the Ambient Air Quality Standards for the Territory of Guam” and all revisions submitted by the Territory of Guam that were federally approved prior to January 1, 2005.

(b) The plan was officially submitted on January 25, 1972.

(c) The plan revision listed below was submitted on the date specified.

(1) Revised implementation plan submitted on August 14, 1973, by the Governor.


Section I—Public hearing.

Section II—Introduction.

Section III—Legal authority (narrative).

Section IV—Ambient air quality standards and air pollution control regulations (narrative).

Section V—Emissions inventory.

Section VI—Air quality data.

Section VIII (B and C)—Control strategies.

Section IX—Complex sources (narrative).

Section X—Air quality surveillance network (narrative).

Section XI—Source surveillance system (narrative).

Section XIII—Compliance schedule.

Section XV—Resources.

Section XVI—Intergovernmental cooperation (narrative).

Appendix A—Notice and minutes of public hearing.

Appendix C—Pub. L. 11–191 (enacted on December 7, 1972).

Appendix E (Regulations):

Chapter 1, Definitions: 1.1–1.8, 1.10–1.14, 1.16, 1.19, and 1.21–1.32.

Chapter 2, Ambient Air Quality Standards: 2.1 and 2.2.

Chapter 3, Permits (for complex sources only): 3.1–3.13.

Chapter 4, Monitoring, Records, and Reporting: 4.2, and 4.4.

Chapter 5, Sampling and Testing: 5.3.

Chapter 6, Control of Open Burning: 6.2(g)(1–3).

Chapter 7, Control of Particulate Emission from Process Industries: 7.1–7.4 (7.1 and 7.6 deleted without replacement).

Chapter 8, Control of Fugitive Dust: 8.1–8.9.

Chapter 10, Control of Visible Emissions: 10.1(b) and the deletion of 10.1(c).

Chapter 14, Motor Vehicle Pollution Controls: 14.1–14.7.

Chapter 15, Appeal Procedures, Circumvention, Severability, and Effective Date: 15.1–15.4

Appendix F—Summary of air quality data.

Appendix G—Steam powerplant parameters.

Appendix H—Diffusion model computer printout.

Appendix J—Minutes and letters of public hearing on compliance schedules.

Appendix K—Emissions inventory data.


(2) Amendments to the Guam Air Pollution Control Standards and Regulation submitted on October 12, 1979 by the Governor's designee.

(i) Chapter 13—Control of Sulfur Dioxide Emission, 13.3, 13.4.

(ii) Deleted without replacement Rule 13.3 (submitted January 25, 1972).

(iii) Chapters 1 (except 1.18 and 1.19), 4, 10, 12 and 14; Rules 3.1–3.9, 5.3, 6.2, 7.1, 7.4, 7.5, 8.3–8.7, 13.1, 13.2 and 18.1–18.4; and deletion of Rules 3.12, 3.17 and 12.3.

(3) Amendments to the Guam Air Pollution Control Standards and Regulations submitted on April 1, 1980 by the Governor's designee.

(i) Addendum to 13.1—Compliance Order for the Guam Power Authority's Power Barge “Inductance”.

(4) Amendments to the Guam Air Pollution Control Standards and Regulations submitted on January 6, 1982 by the Governor's designee.

(i) Chapter 17—Appeals Procedures, Circumvention, Severability, and Effective Date.

(5) Amendments to the Guam Air Pollution Control Standards and Regulations submitted on June 30, 1982 by the Governor's designee.

(i) “Territory of Guam NAP for SO2,” consisting of the narrative or Control Strategy portion of the Piti NAP; Addendum B, “Preliminary Results of SO2 Dispersion Modeling;” and “Official Report of Public Hearing.” The remaining portions of the addenda are for informational purposes only.

Editorial Note: At 50 FR 2820, Jan. 22, 1985, the following paragraph (c)(5) was added to §52.2670. Redesignated as §52.2673, at 70 FR 20475, Apr. 20, 2005.

(5) Amendments to the Guam Air Pollution Standards and Regulations submitted on May 22, 1984.

(i) Section X. Air Quality Surveillance Network.

(6) The following amendments to the plan were submitted on November 24, 1982, by the Governor.

(i) Negative declaration indicating no Lead Sources in Guam.

[37 FR 10904, May 31, 1972, as amended at 41 FR 8968, Mar. 2, 1976; 43 FR 48639, Oct. 19, 1978; 43 FR 59067, Dec. 19, 1978; 45 FR 14560, Mar. 6, 1980; 46 FR 26303, May 12, 1981; 47 FR 43054, Sept. 30, 1982; 49 FR 20496, May 15, 1984; 50 FR 2820, Jan. 22, 1985; 50 FR 32698, Aug. 14, 1985. Redesignated and amended at 70 FR 20475, Apr. 20, 2005]

§§ 52.2674-52.2675 [Reserved]
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§ 52.2676 Significant deterioration of air quality.
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(a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

(b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Guam.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11325, Mar. 10, 2003; 68 FR 74491, Dec. 24, 2003]

§ 52.2677 [Reserved]
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§ 52.2678 Control strategy and regulations: Particulate matter.
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(a) The requirements of §51.110(a) and subpart G of this chapter are not met since the plan does not provide for the attainment and maintenance of the national standards.

(b) Chapter 6, Regulations 6.2(g)(1–3) of the “Guam Air Pollution Control Standards and Regulations” (control of open burning—agricultural crops) are disapproved since they do not provide criteria upon which to base the approval or denial of permit requests.

(c) The following rules are disapproved because they could allow an emissions increase, and a control strategy demonstration has not been submitted showing that any increased emissions would not interfere with the attainment or maintenance of the NAAQS.

(1) Rule 8.7, submitted on October 12, 1979.

[43 FR 59067, Dec. 19, 1978, as amended at 46 FR 26303, May 12, 1981; 51 FR 40676, Nov. 7, 1986]

§ 52.2679 Control strategy and regulations: Sulfur dioxide.
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(a) Approvals of the following rules are limited to specific sources, since a control strategy demonstration has not been submitted showing that any increased emissions would not interfere with the attainment or maintenance of the NAAQS.

(1) Rule 13.1, submitted on October 12, 1979, for all applicable sources except the Tanguisson Power Plant.

(2) Rule 13.2, submitted on January 25, 1972, for the Tanguisson Power Plant.

(b) The following rules are disapproved because they are inconsistent with section 123(a)(2) of the Clean Air Act which requires continuous control strategies.

(1) Rule 13.2, submitted on October 12, 1979.

[46 FR 26304, May 6, 1981]

§§ 52.2680-52.2681 [Reserved]
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§ 52.2682 Air quality surveillance.
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(a) The requirements of §51.27(a)(2) of this chapter as of December 19, 1978 (43 FR 59067), are not met. In addition, Chapter 1, Regulation 1.8 and Chapter 5, Regulation 5.3 of the “Guam Air Pollution Control Standards and Regulations” (buffer zones—air quality sampling) are not in conformance with the intent of the Clean Air Act and the definition of “ambient air” promulgated at §50.1(e) of this chapter. Regulations 1.8 and 5.3 are disapproved because they could prohibit ambient air quality sampling at places of expected maximum concentration and/or at places where the public has access.

[43 FR 59067, Dec. 19, 1978, as amended at 51 FR 40677, Nov. 7, 1986]

§ 52.2683 [Reserved]
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§ 52.2684 Source surveillance.
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(a) The requirements of §51.214 and Appendix P of this chapter are not met since the plan does not contain sufficient regulations pertaining to continuous in-stack monitoring.

[43 FR 59067, Dec. 19, 1978, as amended at 51 FR 40677, Nov. 7, 1986]

§ 52.2685 [Reserved]
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§ 52.2686 Upset-breakdown reporting.
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(a) Chapter 4, Regulation 4.4 of the “Guam Air Pollution Control Standards and Regulations” (reporting of upsets and breakdowns) is disapproved since criteria for further enforcement action are not specified, thus permitting the Guam Administratorunlimited discretion.

[43 FR 59067, Dec. 19, 1978]

Subpart BBB—Puerto Rico
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§ 52.2720 Identification of plan.
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(a) Title of plan: “Clean Air for Puerto Rico.”

(b) The plan was submitted on January 31, 1972.

(c) The plan revisions listed below were submitted on the date specified.

(1) Compliance schedules submitted on April 5, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board.

(2) Compliance schedules submitted on April 9, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board.

(3) Compliance schedules submitted on April 17, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board.

(4) Compliance schedules submitted on May 30, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board.

(5) Compliance schedules submitted on June 18, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board.

(6) Compliance schedules submitted on September 10, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board.

(7) Compliance schedules submitted December 6, 1973, by the Commonwealth of Puerto Rico Environmental Quality Board.

(8) Information on procedures followed in adoption of compliance schedules submitted on February 1, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board.

(9) Compliance schedules submitted February 7, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board.

(10) Compliance schedules submitted February 7, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board.

(11) Information on procedures followed in adoption of compliance schedules submitted on February 12, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board.

(12) Information on procedures followed in adoption of compliance schedules submitted on March 13, 1974, by the Puerto Rico Environmental Quality Board.

(13) Information on procedures followed in adoption of compliance schedules submitted on March 15, 1974, by the Puerto Rico Environmental Quality Board. (continued)