Loading (50 kb)...'
(continued)
(14) Information on procedures followed in adoption of compliance schedules submitted on March 20, 1974, by the Puerto Rico Environmental Quality Board.
(15) AQMA designations were submitted on May 5, 1974, by the Governor of Puerto Rico.
(16) Compliance schedules submitted June 11, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board.
(17) Compliance schedules submitted on September 6, 1974, by the Commonwealth of Puerto Rico Environmental Quality Board.
(18) Revised Article 6 (Control of Sulfur Compound Emissions) was submitted on January 3, 1975, by the Governor of Puerto Rico.
(19) Public hearing information regarding revised Article 6 was submitted on January 17, 1975, by the Executive Director of the Environmental Quality Board.
(20) Information regarding Guayanilla and Aguirre Air Basins was submitted on February 14, 1975, by the Environmental Quality Board.
(21) Emission limitation for one source in the Ponce Air Basin was submitted on March 26, 1976, by the Environmental Quality Board.
(22) Predicted SO2 concentrations for Aguirre Air Basin was submitted on May 8, 1975, by the Environmental Quality Board.
(23) Additional information regarding revised Article 6 was submitted on May 15, 1975, by the Environmental Quality Board.
(24) Predicted SO2 ambient concentrations for Barceloneta and Ensenada submitted on June 2, 1975, by the Environmental Quality Board.
(25) Predicted SO2 ambient concentrations for Barceloneta and Ensenada submitted on January 8, 1976, by the Environmental Quality Board.
(26) A document entitled, “Clean Air for Puerto Rico,” submitted, pursuant to requirements of Part D of the Clean Air Act, on June 29, 1979 by the Governor of the Commonwealth of Puerto Rico.
(27) Supplementary submittals of SIP revision material from the Puerto Rico Environmental Quality Board, dated:
(i) October 30, 1979, containing policy statements of EQB with regard to: Its objective to attain both the primary and secondary particulate matter air quality standards by December 31, 1982, assurances with regard to meeting the requirements of reasonable further progress, verification of the detail of its annual reporting effort, clarification of the operation of its offset program and correction of the related inventory and graphical presentations.
(ii) July 24, 1980, providing a comprehensive set of adopted regulations, entitled “Regulation for the Control of Atmospheric Pollution.”
(iii) August 6, 1980, providing a commitment to submit “external offsets” as SIP revisions.
(28) A submittal by the Puerto Rico Environmental Quality Board entitled, “Revised Provisions for SIP Air Quality Monitoring Plan,” April 1980.
(29) Revision submitted by the Puerto Rico Environmental Quality Board on April 26, 1982, as modified by a July 8, 1982 letter, which grants a visible emissions standard variance to ovens “A” and “B” of the Owens-Illinois, Inc. Vega Alta plant. This variance remains in effect until November 2, 1985.
(30) Revision submitted on March 3, 1981 by the Commonwealth of Puerto Rico's Environmental Quality Board which establishes fuel oil sulfur content limitations (known as “sulfur assignments”) applicable to the 110 sources. On October 20, 1983, 78 of these 110 sources had their sulfur assignments approved by EPA.
(31) Revision submitted on May 30, 1984 by the Commonwealth of Puerto Rico's Environmental Quality Board which establishes fuel oil sulfur content limitations (known as “sulfur assignments”) applicable to the Bristol Alpha Corporation.
(32) An Implementation Plan for attainment of the lead standard was submitted on September 28, 1984 by the Chairman of the Puerto Rico Environmental Quality Board. On December 12, 1984, the Chairman submitted a schedule for establishing a program to review new sources of lead.
(33) Revision submitted by the Puerto Rico Environmental Quality Board on September 6, 1983, which grants a visible emissions variance from Commonwealth Rule 403, “Visible Emissions,” from 20 percent to 45 percent for the crude unit and from 20 percent to 35 percent for the hot oil/final lube unit located at the Yabucoa Sun Oil Company's plant in Yabucoa.
(34) Revision submitted by the Puerto Rico Environmental Quality Board on December 31, 1986, which grants a visible emissions standard variance to Owen-Illinois, Inc. Vega Alta plant.
(i) Incorporation by reference. Resolution and notification announcing a Certificate of Renewal to Commonwealth of Puerto Rico Law 403 of the Regulation for Control of Atmospheric Pollution; adopted on July 9, 1986.
(ii) Additional material. Documents submitted on December 31, 1986 in support of the above resolution.
(35) A revision submitted on November 14, 1993 by the Chairman of the Puerto Rico Environmental Quality Board (EQB) for the Municipality of Guaynabo. The submittal was made to satisfy those moderate PM10 nonattainment area SIP requirements due for the Municipality of Guaynabo as outlined in the Clean Air Act of 1990.
(i) Incorporation by reference:
(A) Regulations:
(1) Amendments to Part I, Rule 102, “Definitions,” of the Puerto Rico Regulations for the Control of Atmospheric Pollution, effective April 2, 1994.
(2) Amendments to Part II, Rule 201, “Location Approval,” Rule 202, “Air Quality Impact Analysis,” and Rule 203, “Permit to Construct a Source,” of the Puerto Rico Regulations for the Control of Atmospheric Pollution, effective April 2, 1994.
(3) Amendments to Part IV, Rule 401, “Generic Prohibitions,” Rule 402, “Open Burning,” Rule 403, “Visible Emissions,” Rule 404, “Fugitive Dust,” and Rule 423, “Limitations for the Guaynabo PM10 Nonattainment Area,” of the Puerto Rico Regulations for the Control of Atmospheric Pollution, effective April 2, 1994.
(B) Memoranda of Understanding (MOU):
(1) MOU signed by the Chairman of EQB and the Executive Director of Puerto Rico Electrical Power Authority, San Juan plant, limiting the sulfur-in-fuel level, annual operation capacity, and requiring the submittal of monthly sampling reports of its fuel's sulfur content, effective January 31, 1994.
(2) MOU signed by the Chairman of EQB and the Secretary of Puerto Rico Department of Transportation and Public Works and the Executive Director of the Highway Authority to maintain and control the reconstruction of existing roads and the construction of new roads, effective July 2, 1993.
(3) MOU signed by the Chairman of EQB and the Mayor of the Municipality of Guaynabo to pave and maintain the streets, roads and parking areas located in the Municipality of Guaynabo, effective December 13, 1993.
(4) MOU signed by the Chairman of EQB and the Executive Director of the Puerto Rico Port Authority to pave and maintain the streets, roads, and parking areas that lead into the port area in Puerto Nuevo, Guaynabo and San Juan, effective October 14, 1993.
(36) Revisions to the Puerto Rico Regulations for the Control of Atmospheric Pollution (the Regulations) submitted on September 29, 1995 by the Puerto Rico Environmental Quality Board (EQB).
(i) Incorporation by reference.
(A) Regulations:
(1) Amendments to Part I, “General Provisions”, Rules 102, 105, 106, 107, 109, 110, 111, 114, 117, and 121, effective September 28, 1995.
(2) Amendments to Part II, “Approval and Permit”, Rules 201, 203, 204, 205, 206, and 209, effective September 28, 1995.
(3) Amendments to Part III, “Variance”, Rule 301, effective September 28, 1995.
(4) Amendments to Part IV, “Prohibitions”, Rules 401, 402, 403, 404, 405, 406, 408, 409, 410, 412, 413, 414, and 417, effective September 28, 1995.
(5) Amendments to Part V, “Fees”, Rule 501, effective September 28, 1995.
(ii) Additional information.
(A) Request by EQB to remove Rules 411, 418, 419, 420 and 421 of Part IV, “Prohibitions” of the Regulations from the federally approved SIP dated September 29, 1995.
(B) An October 4, 1996 letter from EQB to EPA requesting that EPA delay approval of Rules 112 and 211.
[37 FR 10905, May 31, 1972, as amended at 41 FR 8968, Mar. 2, 1976; 41 FR 51017, Nov. 19, 1976; 45 FR 72658, Nov. 3, 1980; 46 FR 23417, Apr. 27, 1981; 48 FR 28271, June 21, 1983; 48 FR 48669, Oct, 20, 1983; 49 FR 38103, Sept. 27, 1984; 50 FR 7338, Feb. 22, 1985; 50 FR 15423, Apr. 18, 1985; 52 FR 38419, Oct. 16, 1987; 60 FR 28338, May 31, 1995; 62 FR 3213, Jan. 22, 1997]
§ 52.2721 Classification of regions.
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The Puerto Rico plan was evaluated on the basis of the following classifications.
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Puerto Rico.......................................... IA IA III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10905, May 31, 1972]
§ 52.2722 Approval status.
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With the exceptions set forth in this subpart, the Administrator approves Puerto Rico's plans for the attainment and maintenance of national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title I, of the Clean Air Act, as amended in 1977.
§ 52.2723 EPA-approved Puerto Rico regulations.
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Regulation for the Control of Atmospheric Pollution
----------------------------------------------------------------------------------------------------------------
Commonwealth
Puerto Rico regulation effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
PART I, GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
Rule 101_Title.......................... 9/28/95 1/22/97; 62 FR 3213 ..........................
Rule 102_Definitions.................... 9/28/95 ......do.................. ..........................
Rule 103_Source Monitoring, 9/28/95 ......do.................. ..........................
Recordkeeping, Reporting, Sampling and
Testing Methods.
Rule 104_Emission Data Available to 9/28/95 ......do.................. ..........................
Public Participation.
Rule 105_Malfunction.................... 9/28/95 ......do.................. ..........................
Rule 106_Test Methods................... 9/28/95 ......do.................. ..........................
Rule 107_Air Pollution Emergencies...... 9/28/95 ......do.................. ..........................
Rule 108_Air Pollution Control Equipment 9/28/95 ......do.................. ..........................
Rule 109_Notice of Violation............ 9/28/95 ......do.................. ..........................
Rule 110_Revision of Applicable Rules 9/28/95 ......do.................. ..........................
and Regulations.
Rule 111_Applications, Hearings, Public 9/28/95 ......do.................. ..........................
Notice.
Rule 113_Closure of a Source............ 9/28/95 ......do.................. ..........................
Rule 114_Compulsory and Optional Hearing 9/28/95 ......do.................. ..........................
Rule 115_Punishment..................... 9/28/95 ......do.................. ..........................
Rule 116_Public Nuisance................ 9/28/95 ......do.................. ..........................
Rule 117_Overlapping or Contradictory 9/28/95 ......do.................. ..........................
Provisions.
Rule 118_Segregation and Combination of 9/28/95 ......do.................. ..........................
Emissions.
Rule 119_Derogation..................... 9/28/95 ......do.................. ..........................
Rule 120_Separability Clause............ 9/28/95 ......do.................. ..........................
Rule 121_Effectiveness.................. 9/28/95 ......do.................. ..........................
----------------------------------------------------------------------------------------------------------------
PART II, APPROVAL AND PERMIT
----------------------------------------------------------------------------------------------------------------
Rule 201_Location Approval.............. 9/28/95 ......do.................. ..........................
Rule 202_Air Quality Impact Analysis.... 9/28/95 ......do.................. ..........................
Rule 203_Permit to Construct a Source... 9/28/95 ......do.................. ..........................
Rule 204_Permit to Operate a Source..... 9/28/95 ......do.................. ..........................
Rule 205_Compliance Plan for Existing 9/28/95 ......do.................. ..........................
Emission Sources.
Rule 206_Exemptions..................... 9/28/95 ......do.................. ..........................
Rule 207_Continuing Responsibility for 9/28/95 ......do.................. ..........................
Compliance.
Rule 208_Agricultural Burning Authorized 9/28/95 ......do.................. ..........................
Rule 209_Modification of the Allowed 9/28/95 ......do.................. ..........................
Sulfur-in-Fuel Percentage.
Rule 210_(Reserved) Part III,
``Variance''.
----------------------------------------------------------------------------------------------------------------
PART III, VARIANCE
----------------------------------------------------------------------------------------------------------------
Rule 301_Variances Authorized........... 9/28/95 ......do.................. ..........................
Rule 302_Emergency Variances............ 9/28/95 ......do.................. ..........................
----------------------------------------------------------------------------------------------------------------
PART IV, PROHIBITIONS
----------------------------------------------------------------------------------------------------------------
Rule 401_Generic Prohibitions........... 9/28/95 ......do.................. ..........................
Rule 402_Open Burning................... 9/28/95 ......do.................. ..........................
Rule 403_Visible Emissions.............. 9/28/95 ......do.................. ..........................
Rule 404_Fugitive Emissions............. 9/28/95 ......do.................. ..........................
Rule 405_Incineration................... 9/28/95 ......do.................. ..........................
Rule 406_Fuel Burning Equipment......... 9/28/95 ......do.................. ..........................
Rule 407_Process Sources................ 9/28/95 ......do.................. ..........................
Rule 408_Asphaltic Concrete Batching 9/28/95 ......do.................. ..........................
Plants.
Rule 409_Non-Process Sources............ 9/28/95 ......do.................. ..........................
Rule 410_Maximum Sulfur Content in Fuels 9/28/95 ......do.................. ..........................
Rule 412_Sulfur Dioxide Emissions: 9/28/95 ......do.................. ..........................
General.
Rule 413_Sulfuric Acid Plants........... 9/28/95 ......do.................. ..........................
Rule 414_Sulfur Recovery Plants......... 9/28/95 ......do.................. ..........................
Rule 415_Non-Ferrous Smelters........... 9/28/95 ......do.................. ..........................
Rule 416_Sulfite Pulp Mills............. 9/28/95 ......do.................. ..........................
Rule 417_Storage of Volatile Organic 9/28/95 ......do.................. ..........................
Compounds.
Rule 423_Limitations for the Guaynabo 4/2/94 5/31/95; 60 FR 28333......
PM10 Nonattainment Area.
----------------------------------------------------------------------------------------------------------------
PART V, FEES
----------------------------------------------------------------------------------------------------------------
Rule 501_Permit Fees.................... 9/28/95 1/22/97; 62 FR 3213.......
Rule 502_Excess Emission Fees........... 9/28/95 ......do.................. ..........................
Rule 503_Test Fees...................... 9/28/95 ......do.................. ..........................
Rule 504_Modification................... 9/28/95 ......do.................. ..........................
----------------------------------------------------------------------------------------------------------------
[62 FR 3213, Jan. 22, 1997; 62 FR 6619, Feb. 12, 1997]
§ 52.2724 [Reserved]
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§ 52.2725 General requirements.
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(a) The requirements of §51.116(c) of this chapter are not met, since section 2.4 of the Puerto Rico Regulation for Control of Atmospheric Pollution could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, section 2.4 is disapproved.
(b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator.
[39 FR 34537, Sept. 26, 1974, as amended at 40 FR 55334, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986]
§ 52.2726 Legal authority.
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(a) The requirements of §51.230(f) of this chapter are not met, since Article 17 of Puerto Rico Act 9 could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, Article 17 is disapproved.
[39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
§§ 52.2727-52.2728 [Reserved]
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§ 52.2729 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 Puerto Rico.
[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]
§ 52.2730 [Reserved]
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§ 52.2731 Control strategy and regulations: Sulfur oxides.
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(a) The requirements of subpart G of this chapter are not met since the Puerto Rico plan does not provide for attainment and maintenance of the national standards for sulfur oxides in the areas of Aguirre, Barceloneta, Trujillo Alto-Dorado and Ensenada.
(b) Article 6, as submitted to EPA on January 3, 1975, of the Puerto Rico Regulations for Control of Atmospheric Pollution, as it applies to those areas listed in paragraph (a) of this section is disapproved for the following facilities: Puerto RicoWater Resources Authority—Aguirre Complex, Abbott, Merck and Company, Bristol Meyers, Pfizer, Union Carbide, Upjohn, located in the Barceloneta air basin, and Central Guanica, located in the Aquada air basin. Accordingly, these sources, with the exception of the Puerto Rico Water Resources Authority—Aguirre Complex, are required to conform to the sulfur in fuel limitations contained in Article 6 of the Puerto Rico implementation plan as submitted to EPA on January 31, 1972.
(c) On and after the effective date of this paragraph, the maximum allowable sulfur in fuel limitation, by weight, for the Puerto Rico Water Resources Authority Aguirre complex shall be 2.5 percent.
(d) The requirements of section 110 of the Clean Air Act are not met since Article 6 of the Puerto Rico Regulation for Control of Atmospheric Pollution would permit the use of stack height increases in lieu of available methods for emission reduction. Therefore, Section H of Appendix A of Article 6 of the Puerto Rico Regulation for Control of Atmospheric Pollution is disapproved to the extent that it would permit increases in stack height in lieu of available methods of emission reduction.
[40 FR 42194, Sept. 11, 1975. Correctly designated at 41 FR 24586, June 17, 1976, and amended at 51 FR 40676, Nov. 7, 1986]
§ 52.2732 Small business technical and environmental compliance assistance program.
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On November 16, 1992, the Puerto Rico Environmental Quality Board submitted a plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program for incorporation in the Puerto Rico state implementation plan. This plan meets the requirements of section 507 of the Clean Air Act, and Puerto Rico must implement the plan as approved by EPA.
[59 FR 34386, July 5, 1994]
Subpart CCC—Virgin Islands
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Source: 37 FR 10905, May 31, 1972, unless otherwise noted.
§ 52.2770 Identification of plan.
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(a) Title of plan: “Air Quality Implementation Plan for the U.S. Virgin Islands.”
(b) The plan was officially submitted on January 31, 1972.
(c) The plan revisions listed below were submitted on the dates specified.
(1) Procedures for making emission data available to the public submitted April 26, 1972, by the Division of Environmental Health, Virgin Islands Department of Health.
(2) Revision to construction permit regulation, Rule 12, section206–26(a) of the Virgin Islands Rules and Regulations, submitted on August 17, 1972, by the Governor.
(3) Sections 206–30 (Review of new sources and modifications) and 206–31 (Review of new or modified indirect sources) were submitted on February 12, 1974, by the Governor of Virgin Islands.
(4) Additional information on sections 206–30 and 206–31 was submitted on April 10, 1975, by the Governor of the Virgin Islands.
(5) Exemption of the St. John Municipal Incinerator from the requirements of section 204–23, paragraph (c)(2) of the Virgin Islands Air Pollution Control Code submitted on July 9, 1975, by the Governor.
(6) Revised Section 204–26 (Sulfur Compounds Emissions Control) submitted on January 21, 1976 by the Governor of the Virgin Islands, as it applies to the islands of St. Thomas and St. John.
(7) Amended revised Section 204–26 submitted on June 3, 1976 by the Governor of the Virgin Islands, as it applies to the islands of St. Thomas and St. John.
(8) As it applies to the island of St. Croix, per an August 16, 1976 request from the Virgin Islands, revised 12 V.I.R. & R. 9:204–26 (Sulfur Compounds Emission Control) excluding subsection (a)(2), as submitted on January 21, 1976 by the Governor of the Virgin Islands.
(9) Revision submitted on August 29, 1977, by the Governor of the Virgin Islands which allows, under provisions of 12 V.I.R. & R. 9:204–26, the relaxation of the sulfur-in-fuel-oil limitation to 1.5 percent, by weight, for the Virgin Islands Water and Power Authority's Christiansted Power Plant.
(10) Revision submitted on February 9, 1980 by the Commissioner of the Department of Conservation and Cultural Affairs of the Government of the Virgin Islands of the United States which grants an “administrative order” under Title 12 V.I.C. section 211 and Title 12 V.I.R. & R. sections 204–26(d). This “administrative order” relaxes, until one year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 1.5 percent, by weight, applicable to Martin Marietta Alumina and the Hess Oil Virgin Islands Corporation, both located in the Southern Industrial Complex on the Island of St. Croix.
(11) A document entitled “Air Monitoring Plan,” November 1979, submitted on February 23, 1981, by the Virgin Islands Department of Conservation and Cultural Affairs.
(12) Revision submitted on April 9, 1981 by the Commissioner of the Department of Conservation and Cultural Affairs of the Government of the Virgin Islands of the United States which grants an “administrative order” under Title 12 V.I.C. section 211 and Title 12 V.I.R. and R. sections 204–26(d). This “administrative order” relaxes, until one year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 1.5 percent, by weight, applicable to Martin Marietta Alumina and the Hess Oil Virgin Islands Corporation, both located in the Southern Industrial Complex on the Island of St. Croix.
(13) Revision submitted on January 12, 1983 by the Commissioner of the Department of Conservation and Cultural Affairs of the Government of the Virgin Islands of the United States which grants an “administrative order” under Title 12 V.I.C. section 211 and Title 12 V.I.R. and R. sections 204–26(d). This “administrative order” relaxes, until one year from the date of EPA approval, the sulfur-in-fuel-oil limitation to 1.5 percent, by weight, applicable to Martin Marietta Alumina and the Hess Oil Virgin Islands Corporation, both located in the Southern Industrial Complex on the Island of Saint Croix.
(14) An Implementation Plan for attainment of the lead standard was submitted by the Governor of the U.S. Virgin Islands on November 16, 1984.
(15) Revision submitted on December 1, 1983 by the Virgin Islands Department of Environmental Conservation and Cultural Affairs which grants a variance establishing, for one year from February 26, 1985, a maximum sulfur-in-fuel-oil limitation of 1.5 percent, by weight, for the Hess Oil Virgin Islands Corporation and the Martin Marietta Aluminum Properties, Inc. facilities located on the Island of Saint Croix.
(16) Revision submitted on February 11, 1986 by the Virgin Islands Department of Environmental Conservation and Cultural Affairs which grants a variance establishing, for one year from April 14, 1987, a maximum sulfur-in-fuel-oil limitation of 1.5 percent, by weight, for the Hess Oil Virgin Islands Corporation and the Martin Marietta Properties facilities located on the Island of St. Croix.
(17) Comprehensive revisions to Virgin Islands air pollution control regulations submitted on March 20, 1987, by the Virgin Islands Department of Planning and Natural Resources.
(i) Incorporation by reference:
(A) Revised sections 20 through 23, 25, 26, 28, 29, 33, 35 through 41, and 45 of subchapter 204, chapter 9, title 12 of the Virgin Islands Code, effective January 15, 1987.
(B) Revised sections 20 through 31 of subchapter 206, chapter 9, title 12 of the Virgin Islands Code, effective January 15, 1987.
(ii) Additional material:
(A) July 1988 Modeling Analysis for CEC Energy Co., Inc.
(B) July 11, 1989, letter from Ted Helfgott, Amerada Hess Corporation to Raymond Werner, U.S. Environmental Protection Agency, Region II, New York.
(C) December 28, 1992, Prevention of Significant Deterioration of Air Quality permit for Virgin Islands Water and Power Authority at St. Croix's north shore facility.
[37 FR 10905, May 31, 1972]
Editorial Note: For Federal Register citations affecting §52.2770, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
§ 52.2771 Classification of regions.
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The U.S. Virgin Islands plan was evaluated on the basis of the following classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
U.S. Virgin Islands.................................. IA IA III III III
----------------------------------------------------------------------------------------------------------------
§ 52.2772 Approval status.
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With the exceptions set forth in this subpart, the Administrator approves the U.S. Virgin Islands plan for attainment and maintenance of the national standards.
§ 52.2773 EPA-approved Virgin Islands regulations.
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----------------------------------------------------------------------------------------------------------------
Effective
Territory regulation date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Section 204-20, ``Definitions''.......... 1/15/87 4/18/94, 59 FR 18309....... ``Fugitive emissions'' will
be defined as at 40 CFR
52.21(b)(20).
Section 204-21, ``Regulations to Control 1/15/87 .....do....................
Open Burning''.
Section 204-22, ``Regulations to Control 1/15/87 .....do....................
Emission of Visible Air Contaminants''.
Section 204-23, ``Regulations Governing 1/15/87 .....do....................
Emission of Particulate Matter''.
Section 204-24, ``Storage of Petroleum or 3/2/71 5/31/72, 37 FR 10905.......
Other Volatile Products''.
Section 204-25, ``Fugitive Emissions''... 1/15/87 4/18/94, 59 FR 18309.......
Section 204-26, ``Sulfur Compounds 1/15/87 .....do.................... Subsection 204-26(a)(2) is
Emission Control''. disapproved for three
Martin Marietta (VI
Alumina Corp), St. Croix,
sources. For applicable
limits, refer to PSD
permit for the facility.
Section 204-27, ``Air Pollution Nuisances 3/2/71 5/31/72, 37 FR 10905.......
Prohibited''.
Section 204-28, ``Internal Combustion 1/15/87 4/18/94, 59 FR 18309.......
Engine Limits''.
Section 204-29, ``Upset, Breakdown or 1/15/87 .....do....................
Scheduled Maintenance''.
Section 204-30, ``Circumvention''........ 3/2/71 5/31/72, 37 FR 10905.......
Section 204-31, ``Duty to Report 3/2/71 5/31/72, 37 FR 10905.......
Discontinuance or Dismantlement''.
Section 204-32, ``Variance Clauses''..... 3/2/71 5/31/72, 37 FR 10905.......
Section 204-33, ``Air Pollution 1/15/87 4/18/94, 59 FR 18309.......
Emergencies''.
Section 204-35, ``Continuous Emission 1/15/87 .....do....................
Monitoring''.
Section 204-36, ``Eligibility to Burn 1/15/87 .....do....................
Waste Fuel A''.
Section 204-37, ``Eligibility to Burn 1/15/87 .....do....................
Waste Fuels A and B''.
Section 204-38, ``Permit and/or 1/15/87 .....do....................
Certificate Requirement for Waste Oil
Facilities''.
Section 204-39, ``Sale or Use of Waste 1/15/87 .....do.................... Reference to Table 1 in
Fuels A and B''. this subsection refers to
Table 1 found in Section
204-20.
Section 204-40, ``Reports, Sampling and 1/15/87 .....do.................... Variances adopted pursuant
Analysis of Waste Fuels A and B''. to subsection 204-40(e)
become applicable only if
approved by EPA as SIP
revisions.
Section 204-41, ``Existing Air 1/15/87 .....do....................
Contamination Sources for Waste Fuel''.
Section 204-45, ``Standards of 1/15/87 .....do....................
Performance for Sulfur Recovery Units at
Petroleum Refineries''.
Section 206-20, ``Permits Required''..... 1/15/87 .....do....................
Section 206-21, ``Transfer''............. 1/15/87 .....do....................
Section 206-22, ``Applications''......... 1/15/87 .....do....................
Section 206-23, ``Application and Permit 1/15/87 .....do....................
Fees''.
Section 206-24, ``Cancellation of 1/15/87 .....do....................
Applications''.
Section 206-25, ``Test Methods''......... 1/15/87 .....do.................... Variances adopted pursuant
to subsection 206-25(c)
become applicable only if
approved by EPA as SIP
revisions.
Section 206-26, ``Permits to Construct''. 1/15/87 .....do....................
Section 206-27, ``Permits to Operate''... 1/15/87 .....do....................
Section 206-28, ``Permit Modifications, 1/15/87 .....do....................
Suspensions or Revocations and Denials''.
Section 206-29, ``Further Information''.. 1/15/87 .....do....................
Section 206-30, ``Appeals''.............. 1/15/87 .....do....................
Section 206-30, ``Review of New Sources 10/11/73 8/10/75, 40 FR 42013....... Subsection 206-30(f)(6) is
and Modifications''. disapproved since sources
of minor significance are
not identified in Section
206-30. A federally
promulgated regulation (40
CFR 52.2775(g)),
correcting this deficiency
and a public participation
deficiency, is applicable.
Two separate subsections
are numbered 206-30 and
are listed here with their
separate titles.
Section 206-31, ``Review of New or 10/11/73 8/10/75, 40 FR 42013.......
Modified Indirect Sources''.
----------------------------------------------------------------------------------------------------------------
[59 FR 18309, Apr. 18, 1994]
§ 52.2774 [Reserved]
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§ 52.2775 Review of new sources and modifications.
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(a)–(d) [Reserved]
(e) The requirements of 40 CFR 51.18(h) are not met since section 206–30 of Chapter 9, Title 12 of the Virgin Islands' Code does not provide that information submitted by the owner or operator and the agency's analysis including its proposed approval/disapproval decision, be made available for public comment for a period of 30 days prior to final action.
(f) Subsection 206–30(f)(6) of section 206–30 of Chapter 9, Title 12 of the Virgin Islands' Code is disapproved since sources of minor significance are not identified in the regulation. Accordingly, all sources not listed in subsection 206–30 (f)(1) through (f)(5) will be subject to review in accordance with the requirements of section 206–30.
(g) Regulation for review of new sources and modifications.
(1) This requirement is applicable to any stationary source subject to review under section 206–30 of Chapter 9, Title 12 of the Virgin Islands' Code or 40 CFR 52.2775(f).
(2) Within 30 days after receipt of an application, the Commissioner of the Department of Conservation and Cultural Affairs, will notify the public, by prominent advertisement in the local news media, of the opportunity for public comment on the information submitted by the owner or operator.
(i) Such information, together with the Commissioner's analysis of the effect of the construction or modification on air quality including the Commissioner's proposed approval or disapproval, will be available in at least one location in the affected region.
(ii) Written public comments submitted within 30 days of the date such information is made available will be considered by the Commissioner in making his final decision on the application.
(iii) The Commissioner will make a final decision on the application within 30 days after the close of the public comment period. The Commissioner will notify the applicant in writing of his approval, conditional approval, or disapproval of the application and will set forth his reasons for conditional approval or disapproval.
(iv) A copy of the notice required by paragraph (h)(2) of this section shall also be sent to the Administrator through the appropriate regional office, and to all other State and local air pollution control agencies having jurisdiction in the region in which such new or modified installation will be located. The notice shall also be sent to any other agency in the region having responsibility for implementing the procedures required under this section.
[37 FR 10905, May 31, 1972, as amended at 40 FR 42013, Sept. 10, 1975]
§§ 52.2776-52.2778 [Reserved]
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§ 52.2779 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 Virgin Islands.
[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]
§ 52.2780 Control strategy for sulfur oxides.
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(a) The requirements of subpart G of this chapter are not met since there has not been a satisfactory demonstration that the Virgin Islands plan provides for the attainment and maintenance of the national ambient air quality standards for sulfur oxides on the island of St. Croix.
(b) The following parts of regulation 12 V.I.R. and R. 9:204–26, “Sulfur Compounds Emission Control,” as submitted to EPA on January 21, 1976 and as amended and resubmitted to EPA on June 3, 1976 are approved:
(1) The entire regulation as it applies to the islands of St. Thomas and St. John.
(2) The entire regulation as it applies to the Virgin Islands Water and Power Authority's Christiansted Power Plant on the island of St. Croix.
(3) The entire regulation excluding subsection (a)(2) as it applies to the remaining sources on the island of St. Croix.
Subsection (a)(2) of the regulation is not approved as it applies to the remaining sources on St. Croix because of the inadequacy of the control strategy demonstration noted in paragraph (a) of this section. Accordingly, all sources on St. Croix with the exception of the Virgin Islands Water and Power Authority's Christiansted Power Plant are required to conform to the sulfur-in-fuel-oil limitations contained in 12 V.I.R. and R. 9:204–26 as originally submitted to EPA on January 31, 1972.
(c) Reference to “Section (a)(2)” in subsection (d) of 12 V.I.R. and R. 9:204–26, as submitted to EPA on January 21, 1976 and as amended and resubmitted to EPA on June 3, 1976, refers to the following approved limitations: (1) For the islands of St. Thomas and St. John, subsection (a)(2) of section 204–26 as submitted to EPA on January 21, 1976 and as amended and resubmitted to EPA on June 3, 1976; (2) for the island of St. Croix, subsection (a)(2) of section 204–26 as originally submitted to EPA on January 31, 1972 and approved by EPA on May 31, 1972.
[41 FR 28493, July 12, 1976, as amended at 41 FR 55531, Dec. 21, 1976; 43 FR 4016, Jan. 31, 1978; 51 FR 40676, Nov. 7, 1986]
§ 52.2781 Visibility protection.
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(a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.
(b) Regulation for visibility monitoring. The provisions of §52.26 are hereby incorporated and made a part of the applicable plan for the Virgin Islands.
(c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the Virgin Islands.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
§ 52.2782 Small business technical and environmental compliance assistance program.
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On January 15, 1993, the Virgin Islands Department of Planning and Natural Resources submitted a plan to establish and implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program for incorporation in the Virgin Islands state implementation plan. This plan meets the requirements of section 507 of the Clean Air Act, and the U.S. Virgin Islands must implement the program as approved by EPA.
[59 FR 34386, July 5, 1994]
Subpart DDD—American Samoa
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§ 52.2820 Identification of plan.
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(a) Purpose and scope. This section sets forth the applicable State implementation plan for American Samoa 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 June 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 June 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 June 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 52.2820_EPA Approved Territory of American Samoa Regulations
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Effective
State citation Title/subject date EPA approval date Explanation
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Air Pollution Control Rules
and Regulations
Section 1.0.................. Definitions 6/08/1972 3/02/1976, 41 FR 8956
(1.0.1_1.0.18).
Section 1.1.................. Approval of New 6/08/1972 3/02/1976, 41 FR 8956
Sources: Permit to
Operate
(1.1.1_1.1.14).
Section 1.2.................. Source Monitoring, 6/08/1972 3/02/1976, 41 FR 8956
Record Keeping, and
Reporting
(1.2.1_1.2.2).
Section 1.3.................. Sampling and Testing 6/08/1972 3/02/1976, 41 FR 8956
Methods (1.3.1-
1.3.2).
Section 1.4.................. Malfunction of 6/08/1972 3/02/1976, 41 FR 8956
Equipment; Reporting
(1.4.1-1.4.2).
Section 1.5.................. Prohibition of Air 6/08/1972 3/02/1976, 41 FR 8956
Pollution.
Section 1.6.................. Compliance Schedule 6/08/1972 3/02/1976, 41 FR 8956
(1.6.1, Existing
Sources).
Section 1.7.................. Circumvention........ 6/08/1972 3/02/1976, 41 FR 8956
Section 1.8.................. Severability......... 6/08/1972 3/02/1976, 41 FR 8956
Section 1.9.................. Ambient Air Quality 6/08/1972 3/02/1976, 41 FR 8956
Standards (1.9.1-
1.9.2).
Section 2.1.................. Control of Open6/08/1972 3/02/1976, 41 FR 8956 (continued)